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UNITED STATES DISTRICT COURT


EASTERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - X
UNITED STATES OF AMERICA
-against-

:
:

RUSSELL DEFREITAS
ABDUL KADIR
Defendants

- - - - - - - - - - - - - - - X
BEFORE:

07-CR-543 (DLI)
U.S. Courthouse
Brooklyn, New York

July 26, 2010


9:00 a.m.

HONORABLE DORA L. IRIZARRY


United States District Judge
and a jury

APPEARANCES:

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For the Government:

LORETTA E. LYNCH
United States Attorney
271 Cadman Plaza East
Brooklyn, New York 11201
BY: MARSHALL L. MILLER
JASON ALLEN JONES
BERIT WINGE BERGER
ZAINAB AHMAD
Assistant U.S. Attorneys

For the Defendant:


Russell Defreitas

MILDRED M. WHALEN
LEN H. KAMDANG
Federal Defenders of New York, Inc.
One Pierrepont Plaza
Brooklyn, New York 11201

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RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR

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4634

For the Defendant:


Abdul Kadir

SANKOFA LAW FIRM


116 West 111th Street
New York, New York 10026
BY: KAFAHNI NKRUMAH
AND
TONI MARIE MESSINA
100 Lafayette Street
Suite 502
New York, New York 10013

Court Reporter:

RONALD E. TOLKIN, RMR, CRR


Official Court Reporter
225 Cadman Plaza East
Brooklyn, New York 11201

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Minutes Taken Stenographically.


By Computer Aided Transcription.

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Transcript Produced

****

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16

THE CLERK:

All rise.

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THE COURT:

Please be seated.

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(Time noted 9:18 a.m.)

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(Pause in proceeding.)

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THE COURT:

Do we know where the defendants are?

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THE CLERK:

There was a delay at the jail.

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that they are in the building and are on the way up.

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THE COURT:

All right.

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THE CLERK:

Criminal cause on trial, Docket

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07-CR-543, United States versus Defreitas and Kadir.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

I'm told

U.S.A. v. DEFREITAS AND KADIR

4635

Please state your appearances for the record.

MR. JONES:

Berger and Zainab Ahmad for the government.

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5

Jason Jones, Marshall Miller, Berit

We are joined at the counsel table by Detective


Investigator Robert Addonizio.

MR. KAMDANG:

Good morning, Your Honor.

Federal Defenders by Len Kamdang and Mildred Whalen.

Mr. Defreitas is not here yet.

will waive his appearance.

For administrative matters, we

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MR. NKRUMAH:

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Kafahni Nkrumah and Toni Messina for Mr. Abdul

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Kadir.

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We waive his appearance for administrative matters.


THE COURT:

Thank you for gracing us with your

appearance at this hour, Ms. Messina.

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MS. MESSINA:

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THE COURT:

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Good morning, Your Honor.

I apologize.

Everyone was supposed to be here at

9:00.

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MS. MESSINA:

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THE COURT:

I realize that.

You realize that.

Yes, I understand.

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You always realize that.

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9:00.

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time, make sure that you could account for train delays and

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everything else was covered, everyone else was able to be

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here.

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Everyone was supposed to be here at

Whatever you had to do to make sure you were here on

I understand that there has been some delay in the

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS AND KADIR

4636

production of the defendants due to something that happened at

MDC.

number of matters that we do need to address.

the attorneys waiving their clients' appearances so that we

can address these matters.

I have no idea what that is.

However, we do have a
I appreciate

Just so that the attorneys can start thinking about

what they want to counsel their clients, I understand this is

a decision --

Are they here?

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THE MARSHAL:

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THE COURT:

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We would wait for the defendants to enter the

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Thank you.

(Whereupon the defendants enter the courtroom at


9:30 a.m.)

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You can bring them out.

courtroom.

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Yes.

THE COURT:

Good morning, Mr. Defreitas and

Mr. Kadir.

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MR. DEFREITAS:

Good morning.

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MR. KADIR:

Good morning.

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THE COURT:

I was about to alert your attorneys as

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to a matter that has been brought to the Court's attention.

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First of all, we've got a couple of jurors who are running a

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bit late but they would be here.

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We have one juror, juror sits in seat number eight,


a woman, her mother called in this morning and spoke to my

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS AND KADIR

She is very sick.

4637

deputy.

She is running a really high

fever.

probably another three days.

want to substitute one of the alternates at this juncture is

something that the parties are going to need to think about

and discuss.

The doctor thinks she may have the flu and will be out

So obviously, whether or not you

We are at the point of summations and charge.

Which, we were going to do the summations today and the charge

tomorrow.

So why don't -- perhaps I'll give you all a few

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minutes to discuss what you want to do with respect to the

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matter.

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(Whereupon counsel confer with their clients.)

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MR. KAMDANG:

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Mr. Defreitas.

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sit Alternate No. 1.

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THE COURT:

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MR. NKRUMAH:

We have discussed the issue with

It would be fine to release Juror No. 8 and

As to Mr. Kadir?
Your Honor, we had an opportunity to

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discuss the matter with Mr. Kadir, and we also agree to

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release Juror No. 8 and substitute Alternate No. 1.

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THE COURT:

The government?

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MR. JONES:

The government agrees.

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THE COURT:

Okay.

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That is what we will do then.

Alternate No. 1 will then became Juror No. 8.


We have a couple of other issues.

The Court, last

night, had posted the revisions that we had discussed on

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS AND KADIR

4638

Friday.

While I was in the process of posting that, I

discovered that the government had posted an additional

request and a response to the defendant's request that the

Court include a defense theory charge if the Court were to

provide a charge that was requested by the government that

entrapment is not a defense in this case.

The additional charge requested by the government

deals with the aiding and abetting charge.

I don't understand

why, two months after the Court had provided its charge, it

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was only now requested.

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appropriate charge consistent with the evidence -- or at least

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consistent with the government's theory.

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I noted that it was not the

The Court has received a reply from counsel for

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Defreitas that it does not oppose the changed aiding and

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abetting charge.

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charge, modifying the charge, and the Court will provide a

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revised copy to the parties later on, at some point later on

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today.

The Court is in the process of changing the

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I have not heard from counsel for Kadir, although I

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requested a reply by yesterday evening as to the government's

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additional request to charge.

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MR. NKRUMAH:

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THE COURT:

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weekend? .

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something yesterday.

Is there a reply?

Your Honor, can we have one moment?

Why wasn't this considered over the

The parties knew, at least, that I was posting


I advised the parties to have everything

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS AND KADIR

4639

submitted on Saturday so that I could work on it yesterday.

So the parties should have expected at least a filing by the

Court.

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MR. NKRUMAH:

Your Honor, we don't oppose the

government's additional charge on aiding and abetting.


THE COURT:

With respect to Defendant Defreitas'

request as to a limiting instruction concerning documents that

are admissible only against Defendant Kadir, there were -- the

three groupings of documents were laid out in defense

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counsel's filing, which is document 401, just for clarity of

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the record on the docket sheet.

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The proposed charge, while similar to the charge

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that I gave, is not quite like the charge that I gave.

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adapt it so that it is more in sync with the previous limiting

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instructions that I gave that the defense counsel requested.

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I will

However, as I mentioned in my ECF order last night,

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as to the documents that the parties did not have an agreement

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on, I ruled on that on Friday, that they were admissible as to

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both defendants.

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So to the extent that there are groupings of

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documents that are admissible as to both defendants, I don't

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think any charge is necessary because the jury can consider

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any and all of the evidence in connection with the charges as

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they see fit.

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arguments on the particular evidence.

And the parties are free to make their

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS AND KADIR

4640

I don't see the need to have any inclusive charge as

opposed to a limiting instruction.

amended to date, also, to include that limiting instruction.

So the charge will be

With respect to, and just to clarify, although I

thought that I had made it clear on Friday, just to clarify, I

thought that -- I know that I had ruled on Friday because I

double checked the rough draft of the minutes from Friday.

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Which, by the way, has a lot of errors in there so


we'll to have fix those.

But those are legal proceedings and

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don't have anything to do with the fact introduction of

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evidence or anything like that.

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I had advised the parties that I would not include

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the government's requested entrapment is not a defense charge

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until after -- well, I would reserve a decision as to whether

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to include that until after summations and see what the

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party's summations were like.

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the government has called an entrapment like defense, then I

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agree with the government that the charge that is requested is

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appropriate.

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If the defense did raise what

I have to look a little bit closer at the case law.

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Since I didn't get the Government's response on that until

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yesterday, I didn't really have a chance to look at it.

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have to say that, from some of the research that I have done

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already in looking at the submissions that were made, I am not

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convinced that the defense charge as requested by the

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

But I

U.S.A. v. DEFREITAS AND KADIR

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4641

defendants is appropriate.
Although, perhaps some mention that the defendants

here are claiming that they never joined any agreement to

engage in any of the charged conspiracies and that they never

intended to do so.

I have not thought about the language yet, but I am somewhat

persuaded by the balancing argument that defense counsel for

Defreitas raised in their papers.

I think in that streamlined way, perhaps.

Mr. Nkrumah, there is no indication in your papers

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that were faxed to chambers that they were served on anybody.

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Since the government didn't address it in their papers, it

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didn't seem to me that they had received it.

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MR. NKRUMAH:

I read the Court's order this morning,

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Your Honor.

I agree with the Court's order, and there's no

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objection on Mr. Kadir's part.

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THE COURT:

I don't understand why it wasn't filed

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electronically and then it would have automatically been

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served on everyone?

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MR. NKRUMAH:

That's correct, Your Honor.

It was

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just a little bit of confusion on my part.

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that part of your ruling where you said that you were going to

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hold the matter in abeyance, and because of that I believed

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that the filing in the chambers would give the Court an

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opportunity to decide whether the Court would allow us to --

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THE COURT:

I did understand

I do not accept ex-parte communications

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS AND KADIR

in chambers, period.

4642

That was just inappropriate.

MR. NKRUMAH:

THE COURT:

I understand that, Your Honor.

I understand that all of our jurors are

present.

and briefly explain to her that she is now becoming Juror No.

8 so she will know to assume that seat when she comes in.

What I would like to do is bring in Alternate No. 1

Once they all come in, then the alternates will move

down one seat as they will change in their order.

objection to that procedure?

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MR. JONES:

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MR. KAMDANG:

No, Your Honor.

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MR. NKRUMAH:

No, Your Honor.

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THE COURT:

Any

No, Your Honor.

All right.

So I see that the small

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podium has been set up and the microphone has been set up.

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will give the jury, because the summations are expected by

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each side to be about two hours long, give or take -- I hope

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less than more -- but I'll give them a break after the

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government sums up.

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MR. JONES:

Just so you know how we will proceed.


Your Honor, we'd also ask that after the

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full panel has been seated, that the monitors be started up.

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I believe we will need them for our summations.

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THE COURT:

Okay.

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(Alternate No. 1 enters the courtroom.)

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THE COURT:

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Good morning.

Everyone may be seated.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS AND KADIR

ALTERNATE NO.1:

THE COURT:

4643

Good morning.

We have just brought you in separate

from the other jurors to let you know that unfortunately Juror

No. 8, te lady that sits diagonally from you, will not be able

to finish out her jury service.

So that means that, as our first alternate, you will

be replacing her for the duration of the trial.

So when we

are getting ready to bring everybody back in, when you all

come back in, that's the seat that you'll assume.

It's the

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one that is diagonally -- the one right next to the one in

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front of you.

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So you will now be known as Juror No. 8, okay?

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ALTERNATE NO. 1:

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THE COURT:

Yes.

I wanted you to know that up front so

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that there was no confusion.

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all you alternates are.

Now you understand how important

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ALTERNATE NO. 1:

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(Whereupon the juror leaves the courtroom.)

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THE COURT:

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bring in the rest of the panel.

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THE COURT:

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(Whereupon the jury enters the courtroom at 9:50

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Yes.

If this there is nothing else, we will

Jury entering.

All rise.

a.m.)

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THE COURT:

Everyone may be seated.

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Good morning, ladies and gentlemen.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS AND KADIR

THE JURY:

THE COURT:

4644

Good morning.
Welcome back.

I hope that you had a

nice long weekend and enjoyed it.

see, one of our jury members is not able to proceed with the

trial.

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understand how important your presence throughout the trial

is, because it does permit us to continue to move the case

forward without interruption and to proceed to its conclusion

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Unfortunately, as you can

As a result, our Alternate No. 1 will now be Juror No.

You see the importance of alternates.

without having to start all over again.


So this means I'm going to ask our alternates in the

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back, you're all going to move down one.

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going to change.

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Alternate No. 1 and so on, okay.

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Our alternates now

Your numbers are

And then Alternate No. 2 will become

I'm also going to ask the parties whether now,

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having reseated the jury, they agree all of the jurors are

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present and seated properly.

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MR. JONES:

Yes, Your Honor.

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MR. KAMDANG:

Yes, Your Honor.

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MR. NKRUMAH:

Yes, Your Honor.

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THE COURT:

I'm also going to ask you, ladies and

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gentlemen, if you would be so kind, to remove the monitors,

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take them out and turn them on, please.

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you will need them during the summations.

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It is expected that

Now, ladies and gentlemen of the jury, the case

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS AND KADIR

4645

having been closed, we have now reached that point where you

are about to hear the summations or the closing arguments of

counsel.

Following the summations, I will instruct you as to

the principles of law that will guide you during your

deliberations and assist you in rendering your final verdict.

It is our law that the government present its

closing arguments first.

up.

Then the defense counsel will sum

And then the Assistant United States Attorney has the

10

opportunity to rebut.

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prosecution has the burden of proof.

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It is done in this order because the

In their summations, counsel will review the

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evidence received at trial and suggest that you draw certain

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inferences or conclusions from the evidence.

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purpose of such summations.

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attorneys are not evidence.

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That is the

Arguments or statements by the

However, you may accept or reject these arguments

18

either in whole or in part depending on whether you find the

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particular attorney's summary of the evidence is accurate and

20

the inferences and conclusions you have been asked to draw are

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logical and warranted.

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I remind you that the jurors alone are the sole and
exclusive judges of the facts in this case.
We will now proceed with the summations of counsel.
We'll begin with the government, Ms. Ahmad.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

You may proceed.

(Summation - Ms. Ahmad.)

MS. AHMAD:

Good morning.

Thank you, Your Honor.


One month, hundreds of hours and

countless recordings later, the evidence at this trial has

shown exactly what Ms. Berger said it would when we first

began.

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The two men at that table are being called to


account because in 2007 they had a terrible criminal plan, a

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plan to teach America a lesson.

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of New York.

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A plan to destroy the economy

A plan to take innocent lives.

By now, you know the details of their lesson plan as

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well as anyone.

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tanks and pipeline at JFK Airport causing an explosion they

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expected would take out half of Queens.

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The defendants wanted to blow up the fuel

They spent months and months holding meeting after

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meeting and making phone call after phone call, travelling to

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country after country, to do everything they could to make

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their nightmare a reality.

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For their crimes, the defendants are charged with

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the conspiracy to destroy JFK that violate several federal

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laws.

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little while.

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crime, which is that the defendants agreed to participate in a

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plot to blow up the airport.

I'll go over the technical elements of each charge in a


But for now, let's focus on the core of each

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4647

The two elements common to all of the conspiracy

charges that the defendants face are, first, that two or more

people agreed to bomb the fuel tanks and pipelines at JFK

Airport.

of that agreement.

And second, that each defendant was himself a member

As to the first issue, whether or not there was an

agreement, there has been almost no dispute at this trial that

there was indeed a plot to blow up the full tanks at JFK

Airport in existence between 2006 and 2007.

10

It is pretty much indisputable.

All the evidence

11

you've seen at this trial has shown you that there were people

12

scheming to reduce JFK to rubble.

13

testimony, documents, surveillance photos.

14

to Russell Defreitas, a confession.

15

overwhelming.

And it's evidence like


And with respect

That evidence is

16

So what you're faced with here is each defendant,

17

after being caught re-handed on tape plotting their attack,

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trying to escape responsibility for his own actions saying

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sure, some people wanted to blow up the airport but I wasn't

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one of them.

21

usually saying the wrong things.

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I was just in the wrong place at the wrong time,

Don't buy it.

All of the evidence you've seen, much

23

of it in the defendants' own words, has proven beyond any

24

reasonable doubt that Russell Defreitas and Abdul Kadir were

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members of a plot to destroy JFK.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4648

They were more than mere members.

They were eager

and willing participants.

Each was motivated, among other

things, by a desire to avenge the oppression of Muslims in the

world.

Each made vital contributions to the plot's goals.

Let's talk for a minute about each of the

defendants.

the man who came up with the idea for this plot.

has shown you that Russell Defreitas is a classic homegrown

extremist.

10

First, Russell Defreitas.

As you know, he was


The evidence

As a naturalized U.S. citizen, he's lived quietly in

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the city for years not attracting any special attention.

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managed to make a decent life for himself.

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supervisor at JFK.

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entrepreneurial business ventures like exporting goods from

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Guyana.

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He

He's a cargo

He started a non profit.

He had several

But the years Russell Defreitas has spent in this

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country were years of quiet seething rage.

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left him resentful and angry.

19

building until when, in 2006, it boiled over.

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into concrete action.

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His experience has

His anger had been building and


Boiled over

Russell Defreitas gave voice to that anger by

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devising a plot to attack JFK and by recruiting people like

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Donald Nero, Talib Rutherford, Abdel Nur and Abdul Kadir to

24

join him.

25

2006, Defreitas made clear that he'd been planning for years,

And although he introduced the scheme to others in

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4649

if not decades.

Let's listen to a few examples of that.

(Audio played for the jury.)

(Audio stopped.)

MS. AHMAD:

You know there are many more examples,

but I'm not going to make you sit through all of them.

You

don't have to speculate what drove Russell Defreitas to this

violent extreme.

clear.

The recordings in evidence make that crystal

You have it in his own words.

10

Defreitas talks about his anger at the treatment of

11

Muslims around the world, his resentment at having been made

12

to load a missile bound for Israel and his rage at the way he

13

was treated at JFK Airport and in the United States.

14

(Audio played for the jury.)

15

(Audio stopped.)

16

MS. AHMAD:

Well, you just heard him talk about what

17

made Russell Defreitas desperate and determined to exact

18

revenge by attacking JFK Airport, the place that caused him so

19

much pain.

20

him say.

21

total devastation would satisfy him.

He wanted to "get those bastards," as you heard


He made clear that nothing less than the airports

22

Again, in his own words.

23

(Audio played for the jury.)

24

(Audio stopped.)

25

MS. AHMAD:

When you listen to him on these tapes,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4650

two things, I would submit to you, are undeniable.

He is

angry and he is determined.

United States and the United States' treatment of Muslims

around the world, and determined to seek revenge by destroying

something that he knows American, and particularly New

Yorkers, hold dear.

Angry at his treatment in the

(Audio played for the jury.)

(Audio stopped.)

MS. AHMAD:

He wants the whole country to be in

10

mourning.

11

Defreitas took callous advantage of his ability to blend in

12

because he was a citizen and not a foreigner, as he put it.

13

He thought his actions would arouse far less suspicion.

14

In devising his attack against the U.S., Russell

He said, "They don't expect nobody in this country

15

to do things like this.

16

foreigners, but not on me."

17

They have their eyes on the

His anger and determination come through not only in

18

the evidence that you've seen of this scheme, his idea to

19

explode the fuel tanks and pipelines at JFK, but also in the

20

other ideas that he's had about attacking the airport.

21

These are simpler ideas, not ones, to use his words,

22

"dwarf 9/11," like the fuel line pipeline attack, but

23

terrorist attacks that would have, nonetheless, caused

24

significant damage and destruction.

25

For example, here Defreitas talks about placing a

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4651

bomb in a mail bag delivered to the post office at the

airport.

witness, how much mail goes in and out of the airport, and it

looks like Mr. Defreitas had some role in distributing that

mail, and he thought about how easy it would be to stick a

bomb in the mail bag and walk away and let the whole thing

explode behind him.

You heard from Peter Carbonaro, the Port Authority

(Audio played for the jury.)

(Audio stopped.)

10

MS. AHMAD:

Listen to what he just said.

He wants

11

to use his knowledge of the airport to help someone sneak into

12

the passenger terminal with a bomb.

13

person can get in, by pretending to be a lost passenger.

14

he knows exactly how they should accomplish that disguise,

15

with a blank ticket, like, apparently, the one he's holding in

16

his hand.

17

just how determined he was to see it happen.

He knows exactly how that


And

The amount of thought he's put into this shows you

18

Faced with a mountain of evidence in the form of his

19

own words, of his own tape recorded words of anger towards the

20

United States, and own tape recorded words of determination to

21

cause devastating harm, Russell Defreitas mounts the only

22

defense he can.

23

again, but I didn't mean it.

24
25

Okay.

That's it.

I've said it over and over

It was just empty talk.

Ladies and gentlemen, that is ridicules.


this in context for a minute.

Let's put

These statements Defreitas now

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4652

claims to be amazed that anyone took seriously weren't made in

the heat of the moment.

It's not like you find your kid brother borrowed

your car and crashed it and you yell, I'm going to kill you.

Everybody realizes you are not actually going to kill your

brother.

moment.

8
9

You're just blowing off steam in the heat of the

That is not what we're are dealing with here.


Russell Defreitas' words on these tapes are not threats made

10

in the heat of the moment.

11

collected and deadly serious.

12

Russell Defreitas is calm, cool,

How do you know that?

First, he says he is.

He

13

says it again and again and again.

14

say it, you can hear the determined tone in which he states

15

his intentions.

16

Plus, you've seen evidence of the actions, the concrete steps

17

that he took to accomplish his goal.

18

And in listening to him

These aren't offhand, off the cuff remarks.

Everything he tries to do to see this through, every

19

step he takes makes clear to you that what we hear on those

20

tapes are not the words of someone just letting off steam.

21

Russell Defreitas is doing everything he can to make his

22

nightmare a reality.

23

Let's talk for a minute about the other defendant,

24

Abdul Kadir.

Kadir is a man in a different mold.

25

prominent citizen in Guyana; a politician and a religious

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

He's a

SUMMATION - AHMAD

4653

figure.

and he heads the Guyana Islamic Information Center.

He's been mayor of his own town, member of parliament

He told you on the stand that he is recognized as a

brother of the Shiite with some standing.

Defreitas put it, Kadir has voice and he has authorities, and

he lent that voice and authority to this terrorist plot.

As Russell

A man of that position has to carry himself

differently, and Kadir does.

Kadir, like Defreitas, though,

has been seething and scheming for years.

His grievances with

10

the West are more philosophical than personal.

11

with their entire way of life.

12

He disagrees

As a devoted follow of Ayatollah Khomeini and a

13

believer in the Shiite Iranian worldwide revolution, it is his

14

belief that Shiite Muslims around the world should rise up and

15

throw off the yoke of their Western oppressors.

16

Now, let's look at the sermons of Ayatollah Khomeini

17

found in Abdul Kadir's house.

18

witness stand that he accepts the supreme leader's words of

19

religious law.

20

He told you when he was on the

Here is what he says:

"As long as the interests of

21

the earth devouring America, this enemy of the deprived of the

22

world, exists, the struggle will continue.

23

determined to destroy their interests.

24

difficult struggle against America."

25

Our country is

We have begun a

Now, Kadir told you that as a religious edict, the

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4654

words of Ayatollah Khomeini are not his to agree or disagree

with.

does agree with these because the same ideas are reflected in

Kadir's own writing.

He just accepts them as religious law.

But you know he

This is another document found in his house where he

talks about the worldwide revolution against falsehood,

tyranny, subjugation, oppression, and he says, "The day of

resurrection shall not approach until the Muslims engage the

Yahud in a war."

10

And we know that "Yahud" means Jews.

And then, "This is the first time in history that

11

the Muslims have taken it upon themselves to fight Yahud.

12

Before, Yahud was always the aggressor."

13

Over the years, Kadir developed extensive contacts

14

with like minded people around the globe.

15

extremist views.

16

organizations who'd been considered attacking JFK long before

17

Russell Defreitas brought "The Chicken Farm" to Abdul Kadir.

18

People with and

These contacts were the types of

Remember, Steven Francis told you that when they

19

first presented Kadir with the plot, he said that he already

20

knew some people with interest in that same location he was

21

going to reach out to.

22

Because of his background and because of his

23

position and his prominence, Kadir behaved differently than

24

Defreitas in seeing this plot through.

25

careful.

He's careful and

He's not as loose-lipped as Russell Defreitas.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

You

SUMMATION - AHMAD

4655

can tell that, and you can see the care with which this man

chooses his word, both in the recordings and from his

testimony.

Remember when he couldn't answer yes or no directly

to whether he's a member of Hezbollah.

He wanted to set back

and clarify before he answered.

Defreitas about how the world of international intelligence

gathering works because he's been providing intelligence to

Iranian government for years.

Kadir has a better sense than

10

He knew who could be watching, he knew, as he put

11

it, that if they wanted to avoid getting caught scheming to

12

blow up JFK Airport, caution was the watch word.

13

advice he gives to Defreitas and Francis travelling to

14

Trinidad, he says, "You have to be very careful when you

15

introduce something as heavy as the chicken and the egg."

16

Chicken Farm.

17

JFK.

Look at the

The

And you know, again, that's the plot to attack

"Caution is one of the watch words, I would say."

18

But as the evidence shows, Kadir wasn't cautious

19

enough.

20

he said on the witness stand changed that one bit.

21

you to believe that the only reason he agreed to help Russell

22

Defreitas and Steven Francis to attack JFK Airport is because

23

he saw a good business opportunity in it for himself.

24
25

He was caught on tape red-handed.

And nothing that


He wanted

Ask yourself, what kind of person comes face-to-face


with committed terror, and says, you know, I wasn't into that

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4656

idea about blowing up JFK Airport, but he seemed like a great

guy to get into the import/export business with.

The very idea is laughable.

And it is laughable

because it is patently false.

it's unraveled before your very eyes during his testimony, but

we'll get into that later.

It's also laughable because

Suffice it to say, for now, Kadir was in whole hog,

and everything he said on that stand is a last minute, after

the fact attempt to talk his way out of the clear evidence of

10

his involvement in this plot and the clear evidence of his

11

guilt.

12

Before I move on to the element in the charge, let

13

me say one more important thing.

14

Muslims.

15

religion form some part of their motivation to commit these

16

crimes.

17

case.

18

it against them in any way.

19

Both of these defendants are

You have heard on the tapes that their view of their

That is the only relevance their religion has to this

You shouldn't consider it in any other context or hold

Along the same lines, don't let anyone get up here

20

and tell you that the government is singling these men out

21

because they're Muslims.

22

did, not who they are.

23

religion, is the reason they stand before you.

24
25

They are here because of what they

Their terrorist plot, and not their

So let's talk about that terrorist plot.

For their

participation in the plot to bomb JFK, the defendants are

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4657

charged with several counts of conspiracy.

Now let me remind you of what Ms. Berger said in her

opening statement.

members of any particular terrorist group like Al Qaeda or

Hezbollah.

their plan or even being close to getting it off the ground.

The defendants are not charged with being

They're also not charged with actually executing

They're charged with agreeing to bomb the fuel tanks

and pipelines at JFK.

A conspiracy is just an agreement

between two or more people that they will violate the law.

10

The very act of agreeing to do something as horrific as bomb a

11

busy international airport itself violates the law.

12

It doesn't matter whether the plan succeeds or how

13

close it was to succeeding.

14

crime that each of these two defendants are guilty of before

15

they even attempted to carry out the plan.

16

the moment they agreed with someone else to conduct the

17

terrorist act at JFK.

18

The agreement is the crime.

The

They were guilty

Everything you've heard about the steps that they

19

actually took to make that plan a reality is good evidence of

20

their agreement.

21

prove the charges against them.

22

But actually, it isn't even necessary to

Russell Defreitas was guilty the moment that he

23

agreed with Donald Nero to formulate a plan to attack JFK to

24

recruit.

25

into the plot; take four surveillance trips to JFK airport;

Everything he did after that; recruit Steven Francis

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4658

make a surveillance video so he and his coconspirators could

better figure out the composition of the tanks; seek out

well-known terrorist operatives like Adnan Shukrijumiah and

Yasin Abu Bakr to present the plan to; agree with Kareem

Ibrahim and Abdul Kadir to switch course and instead seek

backing from the revolutionary leadership in Iran.

All of that isn't even necessary to prove his guilt

of the charged crime.

All he has to do to be guilty of

conspiracy is agree to help plan the attack.

And after all

10

the evidence that you've seen, there's no reasonable doubt

11

that that's exactly what he did.

12

The same is true about Abdul Kadir.

He was guilty

13

the moment he agreed with Russell Defreitas to help plan the

14

attack on JFK Airport.

15

advising they get Google Earth satellite pictures to better

16

understand the tank layout; raising the idea with his contacts

17

in Venezuela and Iran; providing engineering advice; arranging

18

for Defreitas and Francis to meet Abu Bakr in Trinidad;

19

allowing his mock bank account to be used to launder the funds

20

for the attack; agreeing to present the plot to the

21

revolutionary leadership in Iran, and going so far as getting

22

on a plane to do just that, none of that is necessary to

23

establish Kadir's guilt.

Everything that he did after that,

24

He was guilty the moment he sat in his living room

25

with Russell Defreitas and Steven Francis and agreed to help

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4659

them further their planned attack.

That's my basic outline of conspiracy law.

And if

anything that I say is contrary to what Judge Irizarry tells

you later, ignore me and follow her.

Let's move on now and talk about the defendants'

guilt.

their guilt in this case comes straight from their own mouths.

You've heard it from them.

As you know by now, the most powerful evidence of

First, you heard them speaking about the plot in the

10

tape recorded conversations that are in evidence.

11

clear about one thing.

12

the accuracy of those recordings.

13

when a transcript says Russell Defreitas and Abdul Kadir are

14

speaking, it's Russell Defreitas and Abdul Kadir speaking.

15

Abdul Kadir, in fact, admitted that when he was on the witness

16

stand.

17

Let's be

You haven't heard any dispute about


No one has disputed that

Despite the recordings, you also heard from

18

Detective Addonizio about Russell Defreitas' confession after

19

he was arrested.

20

He tried out a few different stories on for size, but once he

21

saw how much evidence the FBI had, he realized they weren't

22

going to fit.

23

First Defreitas tried to lie his way out.

And eventually, in the face of that evidence,

24

Defreitas admitted that he had plotted to bomb JFK Airport and

25

that it had been his idea from the very beginning.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4660

The one false story he didn't try on, by the way, is

the one he's come up with for this trial, that he didn't mean

it.

attack JFK airport.

That he was only pretending to engage in a conspiracy to

Remember Detective Addonizio told you that Russell

Defreitas never said this was all just talk.

wasn't serious, he didn't mean it.

defense, where was it three years ago when Russell Defreitas

was arrested?

10

He never said it

So this empty talk

If it were true that he never meant anything that he

11

said about blowing up JFK, he would have told that to

12

Detective Addonizio.

13

surprise that law enforcement had taken his action seriously

14

because he knew he was serious.

15

He didn't.

He never expressed any

Last in the category of the defendants' own words

16

that you've heard at this trial, you heard Defendant Abdul

17

Kadir testify.

18

there, a few different contradictory good stories.

19

He tried to spin a good story when he was up

But in the end, Kadir admitted what he could not

20

deny, that he had meetings and conversations with Russell

21

Defreitas and Steven Francis about the plot to attack JFK

22

Airport.

23

to get it off the ground.

24
25

And that he gave them advice, good advice about how

He couldn't deny that because most of it was on tape


and testified to.

All of that straight from the horse's mouth

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4661

evidence has proven to you beyond a reasonable doubt that the

defendants are guilty of conspiring to blow up the fuel tanks

and pipelines at JFK Airport.

Their goal was to destroy the economy of the United

States.

lives, and they didn't care.

lives lost would be mere collateral damage.

8
9

They knew that accomplishing that goal would take


In their view, the innocent

Remember what Donald Nero told you when he


testified, that the actual idea of the plot was to cause

10

serious economic damage to the U.S. He said they talked about

11

how much destruction there would be at the airport.

12

because there was so many people going in and out of there,

13

there would also be loss of life.

14

discussed people getting killed; women, children and pregnant

15

woman.

16

sacrifice they had to make being mere collateral damage.

17

And knew,

He said they specifically

And talked about all of that being a necessary

Let's talk for a minute about Donald Nero.

You'll

18

remember that he was one of the very first witnesses in this

19

case.

20

Defreitas proposed the idea of committing a terrorist attack

21

at JFK attack to him, and he agreed.

22

agreement, Donald Nero pled guilty to conspiracy to attack a

23

public transportation system.

24
25

He told you that in the summer of 2006 Russell

And because of that

Now, in the slides we just looked at, Nero was


describing what, he, Nero, told Steven Francis about the plot

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4662

as it existed in late 2006.

Nero and Rutherford had already started their plan to attack

JFK before Defreitas ever recruited Steven Francis into it.

Because remember that Defreitas,

Now, you'll remember that in his opening statement

Mr. Kamdang told you that Russell Defreitas was just a bitter

old man who no one could possibly take seriously.

that idea to rest.

8
9

Let's put

Exhibit A of somebody taking Russell Defreitas


seriously:

Donald Nero.

Donald Nero was radicalized by

10

Russell Defreitas.

11

and told you that Russell Defreitas brought him the plot to

12

attack JFK and he agreed to join it.

13

Mr. Defreitas'.

14

same thing.

15

that it was his idea to attack the airport.

16

He sat right there on that witness stand

Whose idea was it,

And you know what, Mr. Defreitas says the

In his confession, he told Detective Addonizio

Now, none of this excuses Nero's conduct.

You don't

17

have to be the one who came up with the idea in order to be

18

guilty of conspiracy.

19

own actions.

20

Nero's a grown man, responsible for his

And he took responsibility by pleading guilty.

Even

21

though he left the plot to blow up JFK, he took responsibility

22

for what he'd done by pleading guilty to the same charge as

23

Count One in the indictment before you, and that is the crime

24

of conspiring or agreeing, in all seriousness, to bomb JFK

25

Airport.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4663

Well, Russell Defreitas is guilty the moment he

agreed with Donald Nero to bomb the airport.

He didn't stop

there.

reality.

guilt, they are helpful in your understanding of intent.

He took many many steps to make his nightmare a


While the steps, again, are not necessary in the

One of those steps, the unluckiest one for him it

turns out, was recruiting Steven Francis into the plot.

Donald Nero told you that when Defreitas left Guyana in May

2006, his goal was to find people in the U.S. who would help

10

advance the plot.

11

Nero described what all of their goals were at that

12

point in time.

13

to the United States and try to recruit financial and human

14

resources for the attack.

15

Francis.

16

He said that Defreitas was going to come back

Defreitas settled on Steven

Let's talk about how he chose Francis, because

17

another way you know how serious Russell Defreitas was, how

18

you know he wasn't shooting the breeze, is by seeing how he

19

gets the people he brings into this plot.

20

empty talk, he wouldn't probably care that much about who he

21

was talking with.

22

it wasn't empty talk.

23

committing a horrific crime.

24
25

If it was just

But he cared a great deal because he knew


It was serious discussion about

Because it's the nature of criminal conspiracy for


people to be careful about who they will trust and bring into

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4664

the crimes, Detective Addonizio told you that he tried very

hard to find someone who'd have a good chance of being brought

into Russell Defreitas' inner circle.

France precisely because Francis knew people in common with

Defreitas.

And he selected Steven

Defreitas didn't bite right away, though.

He waited

until he got a chance to meet Francis a few times.

asked their mutual acquaintance, Dr. Ali, if he would vouch

for Francis.

10

And he

Once Defreitas decide to trust Francis, he

11

introduced him to the plan.

12

associates in Guyana to plan a terrorist attack in the United

13

States that would rival 9/11.

14

of those associates over the phone, Nero and Ponytail.

15

they were also cautious about whether or not to trust Francis.

16

They wanted to make sure he had the proper character and

17

commitment to their cause.

18

Told him he'd been working with

He introduced Francis to some


And

You'll remember that Donald Nero caught Francis

19

completely off guard when he tried to assess his commitment to

20

Jihad by asking if he wanted to die a martyr.

21

(Audio played for the jury.)

22

(Audio stopped.)

23

MS. AHMAD:

You know what dying as a martyr means.

24

Steven Francis told you.

He said it means dying in Jihad;

25

dying fighting in the cause of God or by suicide attack.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

And

SUMMATION - AHMAD

4665

Nero told you the same thing, he said being a martyr means

that your faith is really strong.

the sake of God.

When you die, you die for

Eventually, they decided to truth Francis enough to

deal with him.

late fall of 2006, and you'll remember that it was the month

of Ramadan in the Islamic calender, as you heard both Nero and

Francis testify.

But they wanted to meet him in person.

Francis and Defreitas went down to Guyana.

So in

Even at

10

that stage, the conspirators are cautious about how much

11

they're willing to reveal to Francis until they get to know

12

him better.

13

until they're sure he's on board and committed, the identity

14

of the plots leader at the time, Talib Balai Rutherford.

15

Most importantly, they're not willing to tell him

This is also seen again and again, when someone

16

prominent and well-known is involved, be it Talib Balai

17

Rutherford, a successful businessman in Guyana, or Abdul

18

Kadir, a former mayor and prominent religious figure, the

19

other plotters take care to keep their identities as secret as

20

possible.

21

And that's because they know that in the small

22

county of Guyana names like Talib Rutherford and Abdul Kadir

23

are immediately recognizable and they don't want to draw

24

unnecessary attention to the plot.

25

So even though Rutherford has been directing the

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4666

plot for sometime 2006 rolls around, Defreitas and Nero don't

tell Francis about his involvement.

to casually run into Rutherford at the mosque.

Rutherford decides Francis passes muster, they have further

discussion about the attack.

They arrange for Francis


And once

The main thing that the plotters are grappling with

at this point are what type of explosives they need to explode

the fuel tanks, and how to get their hands on it.

they were certain about, they knew what kind of explosion they

One thing

10

wanted.

11

see, so devastatingly high that it could be seen from far far

12

away.

13

Shining Light.

14

They wanted an explosion so massive that it could be

That's why Rutherford suggested they call the plot The

Nero, told you here that Rutherford came up with the

15

code name The Shining Light.

16

thing to Detective Addonizio.

17

The Shining Light.

18

Defreitas confessed the same


He said Rutherford came up with

They knew what kind of explosion they wanted, but

19

they weren't 100 percent sure about how to accomplish it.

20

first thing they needed to figure out was kind of explosive

21

could penetrate the fuel tanks.

22

chemicals or dynamite or a special gel form of dynamite.

23

The

There was debate about using

Francis told you there was a debate whether the

24

tanks were made of titanium, in which case regular dynamite

25

wouldn't work and they'd need something more powerful.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

And

SUMMATION - AHMAD

4667

Nero told you the exact same thing.

The bigger issue was how to get their hands on those

explosives.

expert, Adnan Shukrijumiah, an Al Qaeda bomb maker with ties

to the Caribbean.

particular expertise within Al Qaeda, bomb maker.

told you that they wanted Shukrijumiah because he would have

skills known of them had.

make bombs.

10

And for that, they were going to turn to the

Matt Levitt told you Shukrijumiah's


And Nero

He knew how to operate guns and

The plotter's decision to present their plan to

11

attack JFK airport to be a deal Shukrijumah tells you

12

everything you need to know about their intent.

13

Nero and Rutherford were looking for a seasoned terrorist in

14

the Caribbean with explosive experience.

15

connections and the know how to make their nightmare a

16

reality.

17

Defreitas,

Someone with the

What did Dr. Levitt tell you about the man they

18

sought out?

He is a senior Al Qaeda operative with explosive

19

expertise and ties to the Caribbean.

20

wanted list.

21

West, including the United States and Europe.

He is on the FBI's most

He is accused of plotting attacks against the

22

In the same way that the plotter's decision to

23

present their plan to Mother Theresa would have made you

24

think, hey, this probably isn't a deadly terrorist attack

25

after all.

Their decision to present it to Adnan Shukrijumiah

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

tells you the exact opposite.

the United States.

4668

They were determined to attack

And Shukrijumiah was a good choice.

He was the only

senior Al Qaeda with ties to their home country, Guyana and

Trinidad.

around 2006 and 2007.

And he was rumored to be hiding in the Caribbean


All they needed to do was find him.

They decided that the one person likely to know

Shukrijumiah's whereabouts was Yasin Abu Bakr.

The most

significant homegrown radical Islamic terrorist the Caribbean

10

has ever known.

11

that includes the suicide bombing of police headquarters and

12

the shooting of a head of state.

13

This is a man with a track record of violence

They decided to send an envoy to meet him with their

14

coconspirator Abdel Nur.

15

ties to Abu Bakr.

16

and he had played a role in arranging for JAM members to go to

17

Libya to receive weapons training.

18

He was one of the founding members of JAM

Now, lucky for us, the plotters never found

19

Shukrijumiah.

20

him.

21

about their intent.

22

They chose Abdel Nur because he had

But that doesn't change their decision to find

That decision tells you everything you need to know

Now, back to those meetings in the fall of 2006.

23

Everyone eventually realized that they couldn't make a

24

determination as to what kind of explosive they needed until

25

they had a better sense of what the tanks were made of.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4669

So in order to accomplish that, Rutherford told you

-- I'm sorry, Nero told you that Rutherford decided that

Francis and Defreitas should go back to the United States and

take close up pictures of the tanks.

they did.

And that's just what

In January 2007 Francis and Defreitas took four

trips to the airport in order to determine the layout and the

composition of those fuel tanks.

area of the airport, where Peter Carbonaro, from the Port

They drove around the back

10

Authority, told you the public almost never has reason to go.

11

They went there to get as close a look as possible.

12

These are the two fuel farms that Carbonaro told you

13

about.

14

the right is a satellite fuel farm.

15

of the bulk fuel farm -- I don't know if you can see from how

16

small it is on the map, but the fuel farm is bordered by

17

Bergen Basin.

18

across Bergen Basin from the fuel farm to get as good a look

19

as possible.

20

The one on the left is a bulk fuel farm and the one on
In order to get footage

So Defreitas and Defreitas drove on the road

Now, before I start, these are three exhibits

21

compiled into one.

The video inside the car is Exhibit 212.

22

The video overhead where you can see a car from the sky is the

23

FBI surveillance video Agent Murkler told you about, it's

24

Exhibit 63.

25

Defreitas took from inside the car when they were driving

And the smaller video is the one Russell

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4670

around.

Please show it.

(Audio is played for the jury.)

(Audio stopped.)

MS. AHMAD:

Mr. Russell Defreitas says good enough.

The video at that point is good enough.

Good enough for what?

Good enough to see how the fuel system they planned to bomb

was laid out.

were made of so they could pick the best possible bomb.

Good enough to determine what the fuel tanks


Good

10

enough to figure out the best way to reach those tanks without

11

getting caught.

12

terrorist attack.

13

Good enough to help them plan the devastating

That body of water you saw them driving by, that,

14

again, was Bergen Basin.

15

on where Russell Defreitas talked about the operatives who

16

were actually going to conduct the attack being able to slip

17

in and out by water, that's the body of water he's talking

18

about.

19

You remember all those tapes later

You heard a lot of questions whether Defreitas and

20

Francis drove in restricted areas when they were taking these

21

video, but what is the relevance of that?

22

Francis wanted to get a close up views of the tanks and

23

Defreitas and his coconspirators planned to bomb.

24
25

Defreitas and

What makes it illegal is not whether they drove in a


restricted area.

What makes it illegal is the fact that they

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4671

planned to place bombs there.

those close up shots without getting caught.

risk getting caught by driving in a restricted area when it

wasn't necessary to get the pictures.

side of a fence you place a bomb on, probably going to do the

same amount of damage.

Defreitas' plan was to get


So why would he

And you know, whatever

Those four surveillance tapes got the plotters all

the information they needed about their targets.

close up shots to help figure out the fuel tank composition.

10

They got

That's the shot from the actual video.

11

As soon as they were done, Defreitas was anxious to

12

get to Trinidad to speak with Abu Bakr about finding

13

Shukrijumiah as soon as possible.

He wanted to go

14

immediately, as soon as possible.

The sense of urgency tells

15

you how determined he was.

16

Steven Francis, Nero and Rutherford were pleased.

17

They saw the video.

18

What are they pleased about?

19

they've found a vulnerable area at JFK, a chink in America's

20

armor.

21

Rutherford said, "Praise be to God."


They're happy because they think

But Defreitas says, the only time, everybody's

22

security focus is at the passenger terminal.

23

know about the fuel tanks.

24

a few hundred yards away.

25

Very few people

They're largely unguarded and just

(Audio played for the jury.)

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

(Audio stopped.)

MS. AHMAD:

4672

Nero told you that the tanks were such

an unknown target, that without Defreitas having told him what

he was looking at, he wouldn't have known they were connected

to JFK.

This is what Mr. Defreitas brought to the table,

knowledge of the soft spots; knowledge of the most vulnerable

areas of the airport; knowledge about how to sneak in and out

through back routes without being caught; knowledge he'd been

10

building for years.

11

He wasn't an explosive expert and he knew some of

12

the high tech stuff about how to blow up the airport would be

13

beyond him.

14

strike a devastating blow to the U.S., and he was happy about

15

it.

But he also knew he had come up with a way to

16

(Audio played for the jury.)

17

(Audio stopped.)

18

MS. AHMAD:

He's thinking about after the attack.

19

He's thinking about after JFK has been reduced to rubble and

20

he's planning to walk around town smiling.

21

While the video initially makes the plotters happy,

22

it eventually breaks them apart.

You heard about Defreitas

23

getting suspicious that Rutherford was going to take the idea

24

of the attack to someone else and cut him out.

25

to Defreitas deleting it from Rutherford's computer which sent

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

How that led

SUMMATION - AHMAD

4673

Rutherford into a rage.

And you heard around that same time, Nero decided he

didn't want to be involved any longer because he was nervous

about meeting Abu Bakr.

Nero told you that, "He got really upset and angry with me.

He called me a couple of names and said you can never properly

be in a mosque.

all of it."

That sent Defreitas into a range.

You're going to be shot in your joints for

Defreitas questioned the strength of Nero's faith

10

and threatened to shoot him for backing out of the attack.

11

Not exactly the response you'd expect from someone who's just

12

engaged in empty talk.

13

Now, losing a couple of members wasn't much of a set

14

back to the conspiracy.

15

able to start looking for other like minded people.

16

no mistake about what I mean about "like minded."

17

people who would be willing and able to attack the United

18

States.

19

Defreitas, through Abdul Wahab, was


And make
He wanted

People like Shafik, who Steven Francis told you

20

about.

21

a great asset because of his connections to Al Qaeda.

22

Steven Francis told you Defreitas felt Shafik would be

Now, it doesn't take long before they land at the

23

door of Abdul Kadir, armed with the surveillance video and

24

ready to present their plan of attack.

25

Now, Steven Francis didn't record this meeting

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4674

because, he told you, he was nervous for his safety.

you the first time he'd met Kadir, Kadir put him in a martial

arts headlock and that made him aware.

He told

You'll remember that Francis was cross examined

endlessly about this decision.

expressed about his motive.

permission he'd received from Detective Napoli not to wear a

wire.

also asked a lot of questions about why he didn't have Francis

10
11

There was a lot of skepticism

He kept being asked what kind of

And then Detective Napoli took the stand and he was

wear a wire.
The implication of all of that was that Francis was

12

making up everything that took place at the meeting because he

13

didn't have it on tape.

14

later Abdul Kadir got on the same witness stand and

15

corroborated almost everything Francis said.

16

The irony of that is that one week

Francis told you that at their first meeting Kadir

17

put him in a martial arts grip.

18

Francis told you that they sat in Kadir's living room and

19

talked about business opportunities for awhile.

20

told you the same thing.

21

Kadir said the same thing.

And Francis

Francis told you they played the surveillance video

22

for Kadir on his computer.

Kadir said the same thing.

23

Francis told you that when they were watching the video, Kadir

24

suggested they go on Google Earth to get better satellite

25

images of the tanks.

Kadir said the same thing.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

Francis told

SUMMATION - AHMAD

4675

you Kadir agreed to present the plot to his radical contacts.

And Kadir said the same.

The main point Kadir and Francis disagree on is

whether somewhere in-between advising them to get better

satellite images of the tape and telling them that he would

reach out to his radical contacts abroad to present the plot,

in-between all of that Kadir said, I, of course, am certainly

not interested in this plan.

How plausible is that?

All of the evidence you've seen in the form of later

10

conversations between Kadir, Defreitas and Francis makes clear

11

that no one was operating under the assumption that Kadir

12

wasn't interested.

13

said that to him.

14

conversations that they had, which are on tape and which you

15

heard, would make any sense.

16

Quite the opposite.

There's no way he

Because if he had, none of the further

Francis also told you that Kadir came up with a new

17

code name for them to use when they were talking about the

18

plot.

19

about the old code name, The Shining Light.

20

extra cautious, and we've seen him be throughout.

21

Kadir was worried because Rutherford and Nero knew


He was being

And Francis told you that Kadir came up with the

22

code name, The Chicken Farm.

Now, on his direct examination,

23

Kadir didn't mention the chicken farm code once.

24

way that he told the story, he wasn't even planning to

25

communicate directly with Francis and Defreitas.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

In fact, the

SUMMATION - AHMAD

4676

He said he told them that all communications should

go through Abdul Wahab because he wanted to put distance

between himself and them.

Kadir was forced to admit that they did come up with the code

the Chicken Farm or the Chicken Hatchers.

Now, later, on cross-examination,

He claimed that Adbul Wahab, the real estate broker,

came up with that code.

But what did we learn from the

documents seized at Kadir's house?

chicken hatchery.

He ran a chicken farm, a

This makes Francis' version of events that

10

Kadir rather than Wahab came up with the Chicken Farm code

11

much more plausible that Kadir's more self-serving version.

12

Now, it's a little strange, because when Kadir gave

13

us his five-page resume at the beginning of his direct telling

14

us about his work at the Guyana Water Authority, the Bauxite

15

industry, the Ministry of Agriculture, the PTA, even telling

16

us about jobs he applied for and never gotten, he somehow left

17

out the fact that he'd run a chicken hatchery.

18

despite the fact that it wasn't apparently a little side

19

business, he said that his family was well-known in Guyana as

20

chicken people, known by everyone.

And this,

21

And now, once on cross-examination, Kadir is forced

22

to admit that they came up with the code, his story about how

23

they intended to communicate with one another changes.

24

you can see, it's no longer, I told Francis to direct all

25

communication through Abdul Wahab.

Now,

It's, Steven Francis is

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4677

going to call me directly.

know what he's saying and I'll know what he's talking about.

That's why we needed the code.

So that when he calls me, I'll

Look at how the story changed.

This is a classic

example of what Kadir has been doing throughout this case.

Changing his story to fit the evidence.

the evidence of his guilt.

belied by a new piece of evidence, try something else on for

size that he hopes to fit.

10

Once his original version is

This is the same thing you saw Defreitas do in his

11

confession.

12

for Kadir.

13

guilt for them to work around.

14

To try to account for

It didn't work for Defreitas and it didn't work


There's simply too much direct evidence of their

Now, as for the meeting at his house where Kadir

15

agreed to present the plot to his contacts from Venezuela and

16

Iran, Kadir told you he had a second meeting with Francis at a

17

mall in Georgetown.

18

take out a report of Francis' mugging.

19

This is where he called his friends to

Now, Kadir claimed that at that meeting he told

20

Francis that his contacts weren't interested and that that was

21

the end of that.

22

not interested, but they'd never be interested in something

23

like this because they're the kind of people who always look

24

for diplomatic ways of solving problems.

25

He said he told them that not only were they

You know that is nothing but a full blown lie.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

How

SUMMATION - AHMAD

4678

do you know that?

Let's start with the phone call between

Kadir, Defreitas and Francis on March 5th, 2007.

about a week or so after Kadir is claiming he told Steven

Francis definitively that his contacts weren't interested.

(Audio played for the jury.)

(Audio stopped.)

MS. AHMAD:

This is

First, let's note who brings up The

Chicken Farm first.

All Defreitas has to do is say, I just

would like to know, like, how we are, what will we do next,

10

what we're supposed to be being do now, and Kadir knows

11

immediately what he's talking about.

12

most important thing they have going on, the plot to attack

13

JFK.

14

importation.

15

hearing from my contacts early next week, by Monday.

16

He's talking about the

He knows they're not talking about Bauxite or timber


And what does Kadir say, he says, I should be

Does it make any sense that he would say this, if,

17

as he claims, he already told Francis a week ago that his

18

contacts were definitely not interested, they'd never be

19

interested in something like this.

20

Of course not.

This conversation demonstrates unequivocally that

21

Abdul Kadir took that witness stand and lied.

All of the

22

conversations they had over the next few weeks just hammer

23

that point home.

24

Two days later on March 7, Kadir tells Francis that

25

his contacts have decided the plan is too sensitive right now

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4679

so they want to put it on hold.

(Audio played for the jury.)

(Audio stopped.)

MS. AHMAD:

Again, Kadir is the first person to

bring up The Chicken Farm in this conversation front and

center in his mind.

repeating here, in a tone that suggests it's news to everyone

what he's claiming he's already told them two weeks ago.

Does it make any sense that he's

Let's look at how many times he says "right now" in

10

this conversation.

At least four times in the space of 15

11

seconds.

12

Steven Francis weeks before this that his contacts were

13

definitely not interested, would never been interested.

14

prefer diplomatic solutions.

15

with what you just heard?

He got up on that stand and told you that he told

They

How is that remotely consistent

16

Here he's saying they would be interested, they are

17

interested, they're going to keep the plan in mind for a more

18

opportune and less sensitive time.

19

right now.

They just can't do it

20

In any event, one thing is clear.

21

conversation, is talking about his contacts' level of

22

interest, but not his own.

23

seeing this plot through and has been from the very beginning.

24

How do you know that?

25

Kadir, in these

He personally is interested in

(Audio played for the jury.)

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

(Audio stopped.)

MS. AHMAD:

Francis tells him about finding the

satellite images of the fuel farm, he says, "Good, good.

can work with that."

in this plot.

4680

We

He says we because he's an active member

There's so much more evidence of Kadir's

participation in this plot.

For example, he discusses with

Defreitas and Francis who the right envoy is to send to Abu

Bakr to present the plot.

Here, you can see Steven Francis

10

telling him, "We're asking to take the Chicken Farm, before

11

you said Abdel Nur may be the right person but we don't see

12

his character."

13

Now, again, this conversation on the phone after

14

Francis is back in New York makes clear that at, some point.

15

Kadir, Francis and Defreitas had a prior about sending Abdel

16

Nur to Trinidad.

17

though you said he's the right person."

18

We know that because Francis said, "Even

This conversation is another one that Abdul Kadir

19

left out of his testimony.

20

he ever had with Francis and Defreitas in Guyana were, I'm not

21

interested and my contacts aren't interested.

22
23

He pretended the only discussion

Kadir himself agrees to accompany Defreitas and


Francis to Trinidad to present the plan of attack to Abu Bakr.

24

(Audio played for the jury.)

25

(Audio is stopped.)

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

MS. AHMAD:

4681

Again, there's no dispute about what

they're talking about.

they talk about the gentleman who may be interested, that

gentleman is Abu Bakr.

is the plot to attack JFK.

Kadir told you on the stand that when

When they say interested in "it," "it"

Now, you know something came up at the last minute

and Kadir couldn't travel with them to Trinidad.

didn't stop him from doing everything he could to get the

plotters in to meet Abu Bakr and have the best possible chance

10

But that

of convincing him to support their plan.

11

All that help he gave them shows you, again, how

12

serious he was about moving this plot along.

13

the help he gave them.

14

picked up at the airport in Trinidad, to stay with Kareem

15

Ibrahim and meet with people to get him to see Abu Bakr.

16

he's telling Francis, "I called the brothers in Trinidad,

17

arranged for them to pick you up.

18

happen, if they can hook you up to meet Abu Bakr.

19

you need in terms of security, talk to them.

20

make sure the set's right."

21

Let's look at

First, he arranged for them to be

Here

They're going to see what


Anything

They're going to

He also gave them advice on how to conduct

22

themselves in Trinidad so that they would avoid getting

23

caught.

24

you.

25

with anything that could implicate you.

He told them, don't wear the tarj, they will proof

Don't wear a tarj.

When you're travelling, don't walk

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

The copies that you

SUMMATION - AHMAD

4682

had, and he told you he meant the Google Earth images, it's be

advisable not to walk with them in case they decide to search

you.

presented from the Internet.

You don't even need to walk with them as they can be


We don't want any implications.

Why did they need to worry about getting caught?

Because they're on the way to seek financial and operational

support for a devastating terrorist attack.

support from Yasin Abu Bakr, a man with extensive experience

conducting devastating terrorist attacks.

10
11

They're seeking

And if they caught,

they're going to be in serious trouble.


Kadir knows what they're going to Trinidad to do,

12

and he wants them to succeed so he gives them tips on how to

13

avoid attracting attention.

14

gives them advice on how to present their plan to Abu Bakr in

15

a way that will maximize their chance of success.

16

up in that same conversation.

But even more important, Kadir

17

(Audio played for the jury.)

18

(Audio stopped.)

19

MS. AHMAD:

This is good advise.

Let's pick

Someone like Abu

20

Bakr who's under surveillance from law enforcement isn't

21

likely to get involved in criminal activity with a stranger he

22

has no reason to trust.

23

these matters with somebody he knows, like Abdel Nur.

24
25

He's more likely to be dealing with

Kadir gives Steven Francis good advice because he


wants the plot to succeed.

It doesn't serve any of the other

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4683

goals he pretends to have.

little bit, but goals like getting involved in business with

Russell Defreitas, raising money for his mosque or

rehabilitating wayward Muslims.

We'll talk about these more in a

None of those goals are served by him giving them

good advice on how to get their terrorist plot off the ground.

The only goal giving them good advice serves is increasing the

chances that the plot will get the financial and operational

support that it needs to succeed.

10

Why is Kadir able to give Francis such good advice

11

about dealing with Abu Bakr?

12

is something he misled you about when he was on the stand.

13

With a straight face, Kadir testified that he only knew Abu

14

Bakr as a public figure.

15

in Trinidad and had no way of contacting him.

16

Because he knows Abu Bakr.

This

Had never once met him when he lived

How do you know that is not true?

17

Kadir own words in Exhibit 223.

18

he knew anyone was listening.

Let's listen to

Listen to what he said before

19

(Audio played for the jury.)

20

(Audio stopped.)

21

MS. AHMAD:

Ask yourself why Kadir would lie on the

22

witness stand about knowing Abu Bakr.

Why, given that,

23

according to what he told Steven Francis, he'd known the man

24

for many years?

25

with him whenever they were in the same country.

He lived with him in Trinidad and contacted

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4684

Why would he go to such lengths to pretend that he

barely knew him at all and had absolutely no reason for

getting in touch with him.

willing to admit it in May 2007 before he knew you were

listening?

Especially when he was perfectly

Let's think about who Abu Bakr is.

He's a committed

terrorist who organized the suicide bombing of the police

headquarters in Guyana; took over the Parliament, shot the

prime minister, held the members of Parliament at gunpoint and

10

seized control by force of the government run TV station.

11

This is a man who threatens Muslims in Trinidad if

12

they don't pay him tribute.

13

Kadir doesn't want you to know he deals with people like that.

14

He want you to think the only people he deals with are the

15

type of people that prefer diplomatic solutions to problems

16

and not fighting.

17

He threatens with violence.

And that's simply not true.

At this point in time, when they have this

18

conversation, Kadir was worried about doing business with Abu

19

Bakr, doing this kind of business, for the simple reason that

20

Abu Bakr was under heavy surveillance.

21

Remember, he told Steven Francis that what his

22

contacts in Trinidad was telling him was that Bakr is hot and

23

they have him under serious surveillance.

24

advice.

25

Again, this is good

Remember, you learned from the expert witness Calvin

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4685

Bennett that it was around this time that Abu Bakr was charged

with conspiracy to murder in sedition, and right around this

time they discovered a huge stash of weapons hidden underneath

the concrete floor of his mosque.

been under serious surveillance.

So he would have, in fact,

Ladies and gentlemen, you simply do not give this

kind of good advice to people that you are secretly hoping

will fail.

So the surveillance that Abu Bakr is under makes

10

Kadir wary.

Kadir, again, is extremely careful, with good

11

reason.

12

raise law enforcement eyebrows if he visits the Jamaat al

13

Muslimeen compound at this time, given all the charges pending

14

against Abu Bakr.

15

conspirators.

The person is prominent in the Caribbean and will

16

And this was well understood by his

Here, Francis tells Kadir that Defreitas had been

17

concerned about him being a public.

18

man of influence, discussed with Francis the fact that there

19

may have been issues with Kadir traveling to Trinidad at that

20

time.

21

And knowing that he's a

So Defreitas and Francis and Abdel Nur go to

22

Trinidad.

23

general overview of the plot.

24

meeting with Defreitas, Francis and Abu Bakr.

25

And Abdel Nur meets with Abu Bakr and gives him a
Abdel Nur sets up a second

But once Defreitas learns more from Nur and Ibrahim

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4686

about the kind of surveillance Abu Bakr is under, he himself

became wary of dealing with the man.

tapes and you heard that during Defreitas' confession where he

told Detective Addonizio that he was scared of Abu Bakr.

You heard that on the

But Defreitas, as always, is determined.

He

immediately starts thinking of other options and he settles on

Kareem Ibrahim, the man that Kadir arranged for them to stay

with.

in Trinidad with connections in Iran.

10

And who, he knows, is a Shi'a imam with some standing

Before Defreitas pitches the plot to Ibrahim, he

11

vets him, just what we saw him do with Francis.

12

efforts to try to determine Ibrahim's commitment to the

13

Jihadist cause and his trustworthiness before discussing the

14

plot with him.

15

determined Defreitas is to see the plot succeed.

16

He makes

Again, this is a sign of just how serious and

He doesn't want to waste his time talking with

17

someone who is not in the right frame of mind.

18

want to risk bringing someone in that will turn them in.

19

And he doesn't

In order to get a sense of whether Ibrahim is the

20

right guy for this plot, Defreitas asks some questions aimed

21

at figuring out how Ibrahim feels about America's treatment of

22

Muslims in the East.

23

How do you feel about what America does with the Far

24

East with the Arabs?

And when Ibrahim responds, America

25

fights, it's bloody outside all the time, with heavy bombs,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4687

you know.

revolutionary who would blow up America.

that response, Defreitas knows that he's got the right guy.

But to have just enough Muslims in America who are


When he gives him

Once he's satisfied that Ibrahim has the commitment,

the bona fide for this type of Jihad, Defreitas presents him

with a plan of attack, of a way they can avenge the oppression

of Muslims around the world, Defreitas tells him, I have

something to tell you that can be very vital to Muslims.

will do it in the name of Allah because we're so much

You

10

suppressed and so much murder and so many murders committed

11

against us Muslims.

12

twin towers couldn't touch.

13

plan will destroy the economy of America for sometime.

14

He tells him he has a plan that even the


Then he goes on to say that his

And he tells him that this is why he's so careful.

15

This is why I took so many precautions figuring you out.

16

was looking for the best candidate.

17

join my plan to avenge the death and the massacres and

18

tragedies that have happened to us.

19

The best candidate to

When Defreitas is first presenting the plot to

20

Ibrahim or Ibrahim is firmly included to anticipate, Defreitas

21

is reluctant to tell him about Kadir's involvement.

22

because of Kadir's prominence as a religious and political

23

figure in the region.

24
25

Again,

This is the same play book he used when introducing


Francis to the plot.

He didn't tell Francis about the

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4688

involvement of Rutherford, the well-known Guyanese

businessman, until Francis was firmly committed and involved

in the plot.

Common sense tell you this is how criminal

organizations work.

You protect the higher up because they

have the most exposure.

whole enterprise.

And protecting them, protects the

Eventually, though, when Kareem Ibrahim makes clear

that he's very interested in being part of this attack on the

10

U.S, Defreitas and Francis tell him about Kadir's involvement.

11

They describe how they presented the plot.

12

Kadir wanted them to get Google Earth images so they could

13

display it better.

14

when they got the Google images and Muhammed Defreitas showed

15

the video to Kadir, Kadir again says they need better

16

pictures, satellite pictures.

17

They told him that

He adds that when they get the images,

After discussing the plot with Ibrahim, they decide

18

that the next best step is not going to Abu Bakr, but they

19

should present it to the revolutionary leadership in Iran,

20

with whom both Ibrahim and Kadir have connections.

21

Ibrahim is the one who first comes up with the idea.

22

We can try and send somebody up to Iran to the revolutionary

23

movement, a trusted brother, and that person can speak with

24

the top men of the revolutionary movement about the plan.

25

They let Kadir know of their change of plans and he

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4689

approves whole-heartedly.

Iran, so it makes sense that he's much more excited about

taking the plot in this direction.

Russell Defreitas have both talked to Kadir about the new

direction of the plan, they discuss his pleased reaction among

themselves.

7
8

You know what close ties he has to

Once Kareem Ibrahim and

Defreitas says, "I know Kadir's happy, very happy


with what I just told him.

(Audio played for the jury.)

10

(Audio stopped.)

11

MS. AHMAD:

Kadir is hungry.

Defreitas wants to see

12

it completed.

13

to know about their intent.

14

Defreitas was determined and Kadir was committed to seeing

15

this plot through to completion.

16

you that, but there actions, again, do as well.

17

The conversation tells you everything you want


Despite what they're saying now,

Not only do their words tell

What do Defreitas and Kadir do once they decide to

18

take the plot in a new direction to Iran?

19

a plane to Iran.

20

that when Kadir was arrested, he was on board a flight to

21

Venezuela and the final designation the Islamic Republic of

22

Iran.

23

the plot to the revolutionary leadership, to his connections

24

within that revolutionary leadership.

25

Well, Kadir gets on

You see here in this stipulation in evidence

I submit to you that he was going to Iran to present

Kadir also agrees to use his mosque bank account to

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4690

hide the money they received from the plot -- to finance the

plot.

for the building of the mosque once we get the money from the

sponsors of the Chicken Farm.

as the sponsors of the Chicken Farm give permission.

Here, Steven Francis asks him, Can we use your account

And Kadir says, Sure, as long

And we know that The Chicken Farm has only been used

in one way throughout this case.

sure, as long as the people who are sponsoring the attack on

JFK say it's okay, we can use my account.

10

What does Defreitas do?

So what Kadir is saying is

He's arranges for Ibrahim

11

to start recruiting actual operatives to undertake the attack.

12

He volunteers to train those recruits.

13

willing to do a training program and carry all those

14

operatives through training.

15

He tells Ibrahim, I am

Everything that we have just talked about is

16

evidence of the defendants' intent to attack JFK Airport.

17

the time that they were scheming about striking a devastating

18

below at the U.S., their commitment and their determination is

19

crystal clear, and nothing they're saying now, after the fact,

20

can erase that.

21

At

The main excuse that you heard from Russell

22

Defreitas is that he was just talking a big game.

He was.

23

Terrorism is not a modest enterprise.

24

terrorist attack like the ones these defendants were planning

25

was to create a spectacle of devastation, an explosion so

The entire goal of a

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4691

large it can be seen around the world.

If that's not showing off in the most gruesome way,

what is?

time, exaggerated his own credentials shouldn't surprise you

even one bit.

So the fact that Russell Defreitas may have, at

It shows you how much he wanted it.

Let's talk for a moment about what Abdul Kadir told

you on the witness stand.

so let's take it step by step.

His story changed from time-to-time

In his direct examination, Kadir said that he only

10

pretended to agree to participate in Defreitas' plan to attack

11

JFK because he didn't want to lose the chance to work with

12

Defreitas on business ventures he proposed.

13

right, "I didn't want to sever my relation with him by saying

14

I'm not interested in your terrorist plan, because the trade

15

possibility Defreitas spoke to me about seemed to be a very

16

viable venture."

17

He tells you

Now, as we discussed, the idea of coming

18

face-to-face with committed violent terrorists and they decide

19

they'd make excellent business partners is a laughable idea.

20

But Mr. Kadir didn't have much to work with, so it's no

21

surprise he came up with something so ridiculous.

22

There is a mountain of evidence in this case that he

23

had to work around.

He did his best to come up with a story

24

that would fit the evidence and exonerate him, and he failed.

25

He failed because he is guilty, and the evidence has proven

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4692

that to you beyond a reasonable doubt.

Kadir realized he'd failed when he was confronted on

cross-examination with the sworn under oath affidavit he

previously submitted in connection with this case.

He wrote

that affidavit at the very beginning of this case.

He hadn't

yet sat in this courtroom and listened to hours and hours of

himself and his coconspirators talking about the plot to

attack JFK.

He listened to himself happily greeting them on the

10

phone and expressing excitement of when they were next coming

11

to Guyana.

12

a kind of paralysis as to what devil, what slinking whisperer

13

has suddenly confronted me.

14

confusion, the source" -- he told you the source is Steven

15

Francis -- "that I knew persons might be interested.

16

seeking to put as much distance between myself and this

17

stupid, misguided, outlandish plan, I told him to give me a

18

few weeks."

Before all that, this is what he wrote, "You're in

In this state of fear, shock and

And

19

Before he saw the evidence, he tried to go with, I

20

was trying to put distance between him, not I didn't want to

21

completely sever relations.

22

Once he was shown the affidavit on cross-examination

23

and realized he was caught in another lie, Kadir shifted gears

24

one more time.

25

to tried to account for the evidence of his guilt.

As he's done throughout, he changed his story

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4693

And this is the first time, more than half-way

through cross-examination, that Kadir comes up with the idea

that these guys were devils or slinking whisperers and he was

trying to dissuade from their devilish plan.

Once he's shown that affidavit, he says, Yeah, the

reason I didn't want to cut off my relationship with them was

because I still thought and wanted to know that they could

have been rehabilitated from that bad idea.

You did not hear one word of this on his direct.

10

Not once during his direct examination did he suggest that

11

Francis and Defreitas were devils in need of rehabilitation.

12

Not once did he suggest that Francis and Defreitas were

13

anything but great guys to do business with.

14

he jumps on his new band wagon, Kadir claimed that he barely

15

cared about their plot to attack JFK.

16

horrific to even imagine.

17

In fact, before

Not that it was too

When he was asked why he responded to their

18

downloading Google Earth was "Good, good, good," was because

19

it made no difference to me.

20

they had better satellite images of the tanks they wanted to

21

bomb.

22

It made no difference to him if

But all of a sudden, half-way through

23

cross-examination, he remembers.

Oh, yes.

24

trying to talk them out of their devilish plan to destroy the

25

economy of the United States and kill people.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

I was actually

SUMMATION - AHMAD

4694

There's a good reason Kadir didn't come up with the

story earlier.

evidence.

Abdul Kadir ever trying to actively distract Russell Defreitas

and Steven Francis from going through with the plan.

does he say this is not a good idea, people are going to die.

And that is, it is flatly contradicted by the

Find me one example on all the tapes you've of

What's more, there's just the opposite.

Not once

What you've

seen is example after example of Kadir giving concrete advice

and encouragement to the scheme.

10

Not just any advice, but his

best advice.

11

Remember what he said here, he was asked about how

12

you responded to Francis and Defreitas' questions to him about

13

the composition of the fuel tank, and he said he gave them his

14

best advice.

15

fuel tanks at an airport, you gave your best engineering

16

advice on the composition of those fuel tanks, is that

17

correct?"

18

"Two individuals that you knew wanted to blow up

He said, "My best advise."


THE COURT:

I hate to interrupt you, but every time

19

you move away from the mike, it's hard to hear you.

Perhaps

20

the mike on the podium, you can pull it closer that way.

21

MS. AHMAD:

Thank you, Judge.

22

Kadir is an engineer, and these people, these

23

terrorists, ask his expert opinion about what the tanks they

24

want to blow up are made of so that they can find the best

25

explosive to below them up.

What does he give them,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

discouragement, disinformation?

kind of rehabilitation is that?

No.

4695
His best advise.

What

Kadir cannot escape the truth that he agreed with

Russell Defreitas and others to blow up JFK Airport.

fact that he tried to escape it, I would argue to you, is

itself evidence of his guilty.

The fact that he lied on the witness stand is

evidence that he had something to lie about.

lie about is clear.

10

The very

What he had to

He intended to join a plot to explode the

fuel tanks and pipelines at JFK Airport.

11

I'm going to move on to the charges.

12

evidence that we have just gone over is evidence that the

13

defendants were members of a conspiracy to blow up the fuel

14

tanks and pipelines at the airport.

15

All of the

Their membership in that conspiracy is an element of

16

the five of the first six counts they're charged with.

17

of those counts require you to find that the defendants

18

engaged generally in a conspiracy to attack JFK.

19

Each

The evidence we've just gone over shows you that.

20

That element to commit an unlawful act, that is, bombing JFK,

21

is common to each count.

22

technical elements which we'll go over now.

23

The count has some separate

Count One charges the defendant with conspiring to

24

attack a public transportation facility.

25

guilty, the defendants have to have agreed to place or

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

In order to be

SUMMATION - AHMAD

4696

detonate an explosive in the system with either, first, to

cause death or physical injury or, second, the intent to cause

the disruption that would result in major economic loss.

So there can't really be any dispute that JFK's a

public transportation system.

that over 48 million people flew in and out of the airport in

2007.

8
9

You heard from Peter Carbonaro

And second, there really can't be any dispute that


the defendants plan to detonate explosives near the fuel tanks

10

at the airport, which they also hoped to set the underlying

11

fuel pipeline on fire, would have caused extensive destruction

12

of the airport as well as major economic damage.

13

JFK, you've heard, employs thousands of people and

14

brings in over $30 million of revenue each year.

15

defendants' intent as it relates to this count, you've seen

16

full well that they intended, both, to cause serious bodily

17

injury to others and cause extensive destruction that would

18

result in major economic loss.

19

So as to the

You need only agree unanimously to one or the other,

20

that is, either they intended to cause serious bodily injury

21

or that they intended to cause extensive destruction.

22

quickly review the evidence of both.

Let's

23

First, bodily injury.

There's no doubt that the

24

plotters knew their plan would take lives.

25

Francis, Look how dumb JFK is not protecting these tanks.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

Defreitas told

SUMMATION - AHMAD

4697

They're putting a lot of people's lives in jeopardy.

told you in their early discussions about the plot they talked

about people getting killed.

Nero

Now, as Peter Carbonaro told you, there are people

who work in the areas near the full tanks.

the bulk fuel farm on the left there's a LaGuardia Sky Chef

company and one security guard posted there.

that next to the satellite fuel farm on the right, there are

airplane hangars and a police station.

10

He said next to

And he told you

Doubtless, these people would have been the first to

11

go.

But we don't know how extensive the explosion would have

12

been.

13

underground through Queens, tells you everything you need to

14

know about how many lives they intended to take.

15

it would cause devastating.

The fact that the plotters thought that it would spread

16

They thought

Let's move on to intent to cause major economic

17

damage.

18

the primary goal of Defreitas.

19

Detective Addonizio.

20

the airport was to blow up the fuel tanks and pipelines and

21

hurt the economy of the United States.

22

This, as you heard over and over on the tapes, was


Defreitas confessed as much to

He said the goal of the plan to attack

Now, each of the coconspirators is motivated by

23

desire to hurt the American economy.

Here you have Defreitas

24

telling Francis, "The World Trade Center didn't do nothing.

25

This here will break the economy of them and they will be

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4698

crying."

(Audio played for the jury.)

(Audio stopped.)

MS. AHMAD:

Everything that you just heard is

evidence of their intent to cause devastation so extensive it

would have result in major economic lose.

Finally, with respect to Count One, there is an

additional jurisdictional element.

And that is, that the

unlawful act, bombing the airport, would have taken place in

10

United States.

11

the intended target was JFK in Queens.

12

This you know is true because you know that

And that a member of the conspiracy was a national

13

of another state.

14

coconspirators, including Abdul Kadir, were Guyanese citizens.

15

The judge will instruct you that there is no dispute that his

16

jurisdictional element has been satisfied.

17

And this you know is true because several

Let's move on to Count Two.

Count Two charges the

18

defendants with conspiring to destroy a building or other real

19

property by fire or explosive.

20

land or anything built on it.

21

And "real property" just means

The building or property at issue has to have been

22

used in interstate or foreign commerce.

23

buildings and land at JFK are used in interstate commerce.

24

And the judge will instruct you that there's no dispute about

25

that here.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

And obviously, the

SUMMATION - AHMAD

4699

I also don't think there can be any dispute that the

JFK Airport and its fuel tanks are built on land.

evidence that you've seen about the explosion that the

defendants intended to cause -- not going to go over it again

-- shows you that they're guilty of this count.

All of the

Count Three charges the defendants with conspiring

to attack aircraft and aircraft materials by placing a

destructive devise or substance near the aircraft.

have been likely that placing the destructive devise there

10

It has to

would endanger the safety of the aircraft.

11

Now, Donald Nero and Steven Francis both told you

12

that part of their plan to blow up airplanes and airplane

13

hangars.

14

been guaranteed to hit airplanes.

15

Even just blowing up the tanks itself would have

Let's look at our map again.

You learn that this

16

road highlighted in yellow at the bottom of the screen, right

17

next to the satellite fuel farm is a taxiway where planes

18

drive or taxi to the runway.

19

satellite fuel farm, the defendants would be placing them very

20

near airplanes.

21

So by placing bombs near the

And remember how excited they were about that when

22

Defreitas is showing the video to Ibrahim.

23

particular note how close the planes are to the tanks.

24

said, "These are the planes, and we're gonna get them all.

25

knock all of them at one time, and then you hurt the

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

He makes
He
We

SUMMATION - AHMAD

4700

building."

Now, this is what they were looking at when they had

this conversation.

video, Exhibit 51, that shows the airplane right next to the

satellite fuel farm.

This is a still shot from Defreitas'

Moving on to Count Four.

Count Four charges the

defendants with conspiring or agreeing to destroy or damage

international airport facilities.

undertake must have been likely to have endangered the safety

10

The act they intended to

of the airport.

11

And again, JFK International Airport is an

12

international airport facility.

And the defendants plan was

13

to destroy all of JFK Airport, that certainly counts as

14

endangering the safety.

15

every single thing.

16

tanks, the recycling plant, the generators, everything around

17

it.

18

have to get the cargo area and the cargo plane the whole

19

thing.

Defreitas said, We've got to blow up

We got to knock down the tower, the

They have a gas station in there we're gonna get.

We

20

And for Count Four there's also a jurisdictional

21

element, and that requires that the conspiracy either took

22

place in the U.S. or took place out of the U.S. but had as its

23

member someone who was found in the U.S. or a U.S. citizen.

24

Now, you know this attack was planned both inside

25

and outside the United States.

And you know that Russell

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

Defreitas is a naturalized U.S. citizen.

that you there is no dispute.

been satisfied.

4701
The judge will tell

The jurisdictional element has

Count Five charges the defendants with conspiring to

place a destructive devise near a mass transportation vehicle

without having obtained the permission of the mass

transportation provider, and knowing that doing so would like

disable the mass transportation vehicle.

What does that mean?

The fuel tanks and pipelines

10

and hangars at JFK Airport are all mass transit vehicles used

11

at the airport, which is, itself, a mass transportation

12

provider.

13

explosive devise near those tanks and that they're doing so

14

would have done a lot of damage to the tanks.

15

And you know that the defendants agreed to place an

You also know that they didn't get permission to do

16

this.

17

the Port Authority records.

18

2007 asked for permission to blow up the airport.

19

write the laws.

20

proved it.

21

Peter Carbonaro told you that, just in case, he checked


And not a single soul in 2006 or
I don't

I don't know why that's in there, but we

There's also a jurisdictional element for this

22

count.

We have to prove that either, had the conspiracy been

23

completed, it would have affected a mass transportation

24

provider engaged in interstate commerce -- and you know that's

25

true because if the attack had happened, it would have

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4702

affected JFK -- or that somebody traveled across state lines

in order to commit this offense, and you've seen evidence of

all the different trips the defendants took here.

will instruct you there's no disputes, this element has

satisfied.

The last one, Count Six.

The judge

Count Six is different

from the others because it's not a conspiracy count.

Count

Six charges the defendants with conducting surveillance of a

mass transportation facility or aiding and abetting that

10

surveillance with the intent to place a destructive devise

11

near a mass transportation vehicle that would likely disable

12

it.

13

So let's deal with the second half first.

You know,

14

based on everything we've gone over, that the defendants

15

intended to place bombs near the fuel tanks at JFK Airport.

16

Those count as mass transportation vehicle.

17

knew putting bombs there would likely wreck the tanks.

18

You also know that the first half of this is

And that they

19

satisfied because the defendants surveilled the airport with

20

the goal of making this happen.

21

requires us to prove that they didn't have permission to do

22

so.

23

permission.

24
25

Once again, the statute

And once again, Peter Carbonaro told you that didn't have

Now, Russell Defreitas did his surveillance of the


tanks in person.

You need nothing more that his surveillance

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4703

video that's in evidence to know he did that.

you have the videos of them in the car driving around the

airport and the surveillance footage from the FBI plane

overhead watching them drive around.

You have more,

Kadir is charged with aiding and abetting the

electronic surveillance at the airport.

told Steven Francis and Russell Defreitas when he told them to

download Google Earth in order to get a better idea of the

tanks layout.

10

He did this when he

Aiding and abetting just means asking someone to do

11

something, which, if you'd done it yourself, would be a crime.

12

And getting satellite images, even publicly available

13

satellite images, of a mass transportation with the intent to

14

place bombs next to it, is a crime.

15

Francis to commit on his behalf; and therefore, is as guilty

16

of as if he had done it himself.

A crime which Kadir asked

17

I'm almost done.

18

Everything we have spent the past two hours going

19

over is evidence.

20

defendants who stand before you agreed to commit a terrorist

21

attack at JFK Airport.

22

Strong, irrefutable evidence that the two

We are here asking you to hold them accountable for

23

choosing to take the lives of innocent people into their own

24

hands; asking you to hold them accountable for deciding it was

25

their God given right to destroy the economy of a country they

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

4704

hated; hold them accountable for choosing to plan an attack so

devastating that the best the survivors could hope for would

be to drown to their death in Jamaica Bay.

Find them guilty.

THE COURT:

Thank you.

Thank you, Ms. Ahmad.

We're going to

take a break before you hear the summations of defense

counsel.

do anything during the course of the trial because the burden

of proof is always on the government, but it's my

I remind you that the defense has no obligation to

10

understanding that the defendants wish to exercise their

11

prerogative to sum up.

12

So before we do that, we'll take a break for about

13

15 minutes or so.

14

later just so that we don't have to interrupt the next

15

summation that will be coming up.

16

We'll probably have lunch a little bit

Remember, it's still just as important right now as

17

it was from the very beginning and every single day of this

18

trial, when I told you to keep an open mind and not to form or

19

draw any conclusions about the case.

20

Remember, you still haven't heard the summations of

21

the other counsel and you also haven't heard my instructions

22

on the law yet.

23

conversing about the case once I tell you that you can

24

actually go in and start to deliberate.

25

You also haven't had a chance to start

So you need to keep your minds open.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

You cannot

SUMMATION - AHMAD

4705

discuss the case or anything connected with the case among

yourselves or with anyone else.

I remind you that cannot use your cell phones during

this brief break.

Remember, also, that you cannot read, look

at, listen to or review anything that might be recorded about

this case over any kind of media or do any kind of research or

investigation connected with anything about this case over any

kind of media.

So just that you have an idea, I would expect we'll

10

probably start up around five to 12:00, on the Court's clock.

11

Thank you, ladies and gentlemen.

12

(Whereupon the jurors leave the courtroom at 11:40

13
14
15
16

a.m.)
THE COURT:

Can I ask the parties to sit for a quick

minute and I'll let you all take a break as well.


Ms. Ahmad was just under two hours.

I just wanted

17

to get an idea because we're trying to time the jury's lunch.

18

I don't want to interrupt your summation, Ms. Whalen.

19

want to have an idea.

20

MS. WHALEN:

I just

Your Honor, I think's it going to be

21

about an hour and a half.

Just to let you know, over the

22

weekend we had a major computer disaster so I'm actually going

23

to need your help to switch back and forth between the Elmo

24

and the laptop here.

25

going to come in shorter.

But given that, I think it's actually


At this point, I'm thinking an hour

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - AHMAD

and a half.

2
3

THE COURT:

Okay.

I just wanted to have an idea.

didn't want to interrupt you.

4
5

4706

Okay.

So we'll come back here at five to 12:00.

Thank you.
(Whereupon a recess was taken at 11:40 a.m.)

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

4707
1
2

(The following takes place out of the presence of


the jury.)

(Time noted:

THE COURT:

12:00 p.m.)

Ms. Whalen, you need a few more minutes

to finish setting up?

MS. WHALEN:

Your Honor, I just realized I forgot to

hook it into the system.

it is hooked up?

THE COURT:

10

(Pause.)

11

THE COURT:

12

Sure.

You want to play it from the defense

laptop, is that what you want to do?

13

MS. WHALEN:

14

THE COURT:

15

the defense laptop.

Yes, please.
It is not coming on for some reason from

(Pause.)

16

MR. KAMDANG:

17

THE COURT:

18

Could we just test it to make sure

Sorry, Your Honor.

No, that's okay.

Better to work it out

now than in the middle of things.

19

(Pause.)

20

MR. KAMDANG:

21

THE COURT:

22

Are you all set or do you want to try anything else

23
24
25

Your Honor, it's on public?

Yes.

out before we get started?


MS. WHALEN:

No, I think we're all good and we can

just switch to the Elmo because I'll be using that in the

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

4708

beginning.

THE COURT:

MS. WHALEN:

THE COURT:

(Jury enters courtroom.)

THE COURT:

Welcome back, ladies and gentlemen.

Do the parties all agree that all of the jurors are

In the beginning, okay, got it.


Thanks so much.
Jury entering.

Everyone may be seated.

present and properly seated?

10

MR. MILLER:

Yes, Your Honor.

11

MS. WHALEN:

Yes, Your Honor.

12

MR. NKRUMAH:

13

THE COURT:

Yes, Your Honor.

I'm sorry for the delay, ladies and

14

gentlemen, but we had to switch the technical instruments

15

there.

16
17

Sometimes things don't want to cooperate.


We'll begin with the summation by defendant

Defreitas by Ms. Whalen.

18

You may proceed when you are ready, Ms. Whalen.

19

(Summation - Ms. Whalen.)

20

MS. WHALEN:

Ladies and gentlemen, Russell Defreitas

21

is a man with a small mind, a big mouth and an ugly

22

imagination but those are character flaws, they're not crimes.

23

The government opened their case saying that Russell

24

Defreitas was a man with a long-term plan to blow up JFK

25

Airport that he suddenly decided to bring to fruition but the

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

1
2

4709

evidence in this case hasn't shown you that.


The government also opened their case saying that

Russell Defreitas was a man who wanted to recruit U.S. Muslims

to participate in this plan but the evidence in this case

hasn't shown you that.

case by saying that Russell Defreitas was a man who knew JFK

Airport in some extraordinary way but the evidence hasn't

shown you that either.

And the government also opened their

The evidence has shown you that this was not a

10

conspiracy, that this was just a lot of stupid ugly talk.

11

the evidence has shown you that Russell Defreitas worked at

12

JFK for three years, not twenty.

13

you that Russell Defreitas can't mastermind his way out of the

14

on/off switch on a video camera.

15

And

And the evidence has shown

And the evidence has shown you that the government

16

provided Russell Defreitas with a lot of goodies in their

17

effort to manage the risk and they're now trying to claim that

18

his acceptance of these goodies was evidence of his intent to

19

commit the crimes that are charged here.

20

Now, ladies and gentlemen, the issue in this case is

21

intent and when does stupid ugly talk become the intent to

22

join a conspiracy to commit a crime and when does stupid ugly

23

talk become an agreement.

24

Mr. Defreitas' talk is stupid and ugly but it's the kind of

25

stupid ugly talk you can hear in many places from men with no

There's no doubt that

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

4710

accomplishments in life, men who sit around and talk in detail

about jobs they never really had, men who sit around and talk

about things they never really did, and men who sit around and

talk about the importance they never really achieved.

The government claims this plot started long before

Russell Defreitas met Steven Francis and they gave you Donald

Nero, also called Dawood, as a witness to that fact, and I'll

come back to whether you can believe Donald Nero as a witness

at the end of my summation, but the bottom line is Russell

10

Defreitas is the kind of man who if he meets someone boasting

11

about smuggling, like Ponytail, Russell Defreitas has to top

12

him.

13

Defreitas could get anything off.

14

off to the races.

15

come back to New York City and recruit Muslims to participate

16

in this plot, he didn't do it.

17

with was Steven Francis, the person the government sent in to

18

meet him, probably on a tip from Ponytail.

19

If Ponytail could get anything on to a plane, Russell


And this so-called plot was

But if Russell Defreitas was supposed to

The only person he hooked up

Now, Russell Defreitas, as you can see from

20

Government Exhibit 101, came back to the United States in

21

February of 2006 from his trip to Guyana where he supposedly

22

talked about these terrible things with Nero.

23

to Steven Francis, in August of 2006 Russell Defreitas tells

24

him about his mission after knowing him for less than a month.

25

And, according

Now, there's no recording of that conversation even

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

4711

though it happened in the United States, there's no recording

of that conversation even though Steven Francis never

testified that he thought Russell Defreitas was a danger, and

there's no recording of this conversation even though it

wasn't Steven Francis' first investigation as the government

pointed out to you over and over again.

working with the JTTF on a number of investigations at the

time and yet there are still no recordings of these critical

initial meetings.

Steven Francis was

10

What you do have is evidence that Steven Francis and

11

Russell Defreitas became quick friends probably because Steven

12

Francis, as he testified, was offering to drive Russell

13

Defreitas anywhere he wanted to go and help him run his

14

errands.

15

Dawood, Donald Nero, and Ponytail over the phone and Russell

16

Defreitas invites Steven Francis to Guyana for Ramadan and to

17

meet these other people.

18

to you of these initial meetings where anyone discusses the

19

details of any plot.

20

Russell Defreitas introduces Steven Francis to

But no recording has been presented

In Guyana Steven Francis meets the crew in person.

21

He meets Ponytail, he meets Nero, Donald Nero Masood; and then

22

he eventually meets Rutherford and Abdel Nur.

23

are no recordings of what was said on this trip but Steven

24

Francis tells you that they talked about a plot to blow up JFK

25

Airport but obviously other things were discussed, the import

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Again, there

Summation - Whalen

4712

and the export of Guyanese products and there must have been

some discussions that made both Donald Nero and Rutherford

believe that Steven Francis would be good for sending them

things like phones and computers when he got back to the

states.

And there must have been some discussion that made

Donald Nero think that Steven Francis would get him

immigration help and find his wife an apartment when he got

back to the United States.

10

Everyone from this crew in Guyana, Russell

11

Defreitas, Rutherford, Dawood Masood, Abdel Nur, thinks that

12

Steven Francis is going to help them out in some way when he

13

comes back to the United States and you know this from the

14

later recordings you hear.

15

Now, there's no testimony as to how this Al Qaeda

16

operative, Shukrijumah, or there is no recording of how this

17

Al Qaeda operative, Shukrijumah, comes up into the

18

conversations and you know that Shukrijumah is a wanted Al

19

Qaeda operative and the expert, Matthew Levitt, testified that

20

he was rumored to be in the Caribbean at about this time.

21

Now, Steven Francis testified that it was Dawood and

22

Rutherford who brought up Shukrijumah, Dawood saying that he

23

actually knew him and Rutherford saying that he knew of him.

24

Dawood testified, however, that it was Russell Defreitas

25

holding up a wanted poster that gave them the idea of

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

4713

Shukrijumah.

Steven Francis says that the group decided

Shukrijumah would be interested in this plan to blow up JFK.

Steven Francis says the group decided that Shukrijumah was

in Trinidad and Steven Francis said that the group decided

if Shukrijumah was in Trinidad then Abu Bakr would know where

to find him.

to meet Abu Bakr so that he could introduce them to

Shukrijumah.

10

So, they started talking about going to Trinidad

Ladies and gentlemen, at this point it's pretty

11

clear that these guys have seen too many Bruce Willis movies

12

and don't have enough to occupy their time.

13

alluded police forces all over the world but these guys think

14

that they can just meet up with him.

15

trash you hear in barber shops.

16

real plans and you know that the government didn't think that

17

these were -- this was the stuff of reality either and you

18

know that the government thought that these guys were just

19

talkers because, as Detective Addonizio testified, the

20

government had a meeting about these guys in October 2006 and

21

Robert Addonizio testified that the government didn't think

22

the group had the logistical or technical support to

23

accomplish such a plot but they decided to keep an eye on

24

things.

25

Shukrijumah has

This talk is the kind of

It's not real discussions of

The problem is that to manage the risk in this case

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

4714

the government started handing out goodies.

Russell Defreitas

when he went down to Guyana for Ramadan wasn't coming back to

New York City any time soon because he didn't have a place to

live.

back to New York City any time soon because he had a lawsuit

pending there and once Steven Francis got back to the United

States nobody was calling him back, nobody was answering his

e-mails.

Russell Defreitas once he got to Guyana wasn't coming

So, the government got an apartment for Steven

10

Francis to offer to Russell Defreitas and Steven Francis

11

starts talking to Rutherford about sending Russell Defreitas

12

back to New York City and Steven Francis talks to Dawood about

13

sending Rutherford -- about -- Steven Francis actually talks

14

to Dawood to talk to Rutherford about sending Russell

15

Defreitas back to New York City before anybody went to

16

Trinidad to supposedly meet Shukrijumah or Abu Bakr.

17

And Rutherford agrees to pay for the plane ticket

18

for Russell Defreitas to come back to New York City and

19

I'd ask you in your deliberations to listen to three

20

conversations, the conversations that took place when

21

Steven Francis was in New York City and everybody else was

22

in Guyana, and those are Government Exhibit 202, Defense

23

Exhibit RD-A and Government Exhibit 203 and in those

24

conversations you'll hear that Russell Defreitas is first

25

supposed to come back before December.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

4715

In a later conversation Russell Defreitas is then

coming back at the end of December unless Rutherford decides

to send him to Trinidad.

call, speaks to Dawood and gets Dawood to talk to Rutherford

about sending Russell Defreitas back to New York City first.

Now, Steven Francis tells Dawood it's to save money but why is

Steven Francis talking about money.

going to be paying for anything so why talk about finances

being low.

10

So, Steven Francis then makes a

Steven Francis wasn't

Now, Steven Francis testified here that he was just

11

repeating what Ponytail and Rutherford had told him about

12

finances but why did Steven Francis in New York City have to

13

tell Dawood to talk to Rutherford, both of whom were in Guyana

14

and sharing an office, about saving money.

15

like Steven Francis knew nothing would happen if he left these

16

guys to their own devices because Steven Francis knew they

17

were all talk.

18

Well, it looks

Now, the government wants you to look at Russell

19

Defreitas' agreement to come back to New York City as evidence

20

of his intent to join this conspiracy but why wouldn't Russell

21

Defreitas come back, he had a free place to stay, he had a

22

free plane ticket, he was being treated as an important man by

23

Steven Francis and Rutherford and Rutherford had agreed to

24

take care of his lawsuit in his absence.

25

back to New York City.

Of course he came

That doesn't show any intent to join a

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

conspiracy.

when something free was on offer.

4716

It just shows that he knew when to take advantage

Now, the government has presented the conversations

from the drives around JFK to prove that Russell Defreitas had

the intent to join the conspiracy and commit the crime of

airport surveillance and you heard through the

cross-examination of Steven Francis that, again, these drives

took place when Steven Francis was chauffeuring Russell

Defreitas all over New York City helping him run his errands.

10

Russell Defreitas, if you listen to the tapes, is

11

in no hurry to go to the airport.

12

enjoying being driven around and running his errands.

13

Russell Defreitas also talks about knowing and being

14

interested in lots of different routes to avoid traffic

15

which may explain why he knows the back roads to the airport

16

so well.

17

Russell Defreitas is

Now, at the airport when they get there Russell

18

Defreitas is able to direct Steven Francis on roads that are

19

open to the public but it becomes clear that Russell Defreitas

20

doesn't really know the airport anymore.

21

recordings, the recordings are full of him directing Steven

22

Francis to go one way and then having to turn around because

23

the road he thinks they can drive on is now closed.

24

Russell Defreitas can direct Steven Francis near some hangars

25

and near some tanks but in this ride it's clear that Russell

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

If you listen to the

And

Summation - Whalen

4717

Defreitas has the knowledge of a guy who used to work in the

airport in 1991 and maybe lived in the neighborhood at some

point but not the knowledge of a guy who has been scouting out

JFK ever since.

And on these drives, if you listen to the tapes,

Russell Defreitas tells Steven Francis a number of things

about the airport that just aren't true.

tells him that the air traffic control tower controls

security, that it watches everything, even the ants at the

Russell Defreitas

10

airport, but you heard from Mr. Carbonaro, the very first

11

witness in this case, that the air traffic tower doesn't

12

control security, it only controls flight traffic and

13

aeronautical ground traffic on the runways and, in fact,

14

Mr. Carbonaro testified that he thought the tower wasn't

15

even built until about 15 years ago which would have made

16

it about 1995 or 1996 which, if you look at Mr. Defreitas'

17

identification card which expires December 31st of 1991, would

18

put him there at the airport working before the tower was even

19

built.

20

Russell Defreitas said that the airport doesn't give

21

out maps anymore but you heard from Mr. Carbonaro that they do

22

give out maps to JFK and, in fact, there's one in evidence,

23

Government's Exhibit Number 22.

24

back you can look at this up close, hold it in your hands but

25

what you'll see is that while the fuel tanks aren't there,

And when you get back in the

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

every single one of the roads is marked.

here.

Train.

4718
There's no secret

They're all visible and this red route is the Air

Defreitas talked about being at JFK when they were

digging up the place talking about seeing a sketch about where

the pipeline was but Mr. Carbonaro testified that the fuel

farms were built before the 1990s.

didn't know about the real security that was at JFK Airport or

if he did, he didn't tell Steven Francis about it.

And Russell Defreitas

Russell

10

Defreitas didn't know about the perimeter cameras around the

11

fuel fields, the fuel tanks, and Russell Defreitas didn't know

12

about the delta barriers which are these large steel barriers

13

that pop up if a vehicle tries to drive through a fence.

14

Mr. Carbonaro testified that those existed.

15

apparently didn't know that they did.

16

Mr. Defreitas

So, as to having some unique and special knowledge

17

of the airport, well, after this ride the government knows

18

that Russell Defreitas is full of it and the evidence shows

19

the government and now you that Russell Defreitas was all

20

talk.

21

most of it is evidence that Russell Defreitas is just a liar.

22

He talks about loading missiles and tanks and helicopters onto

23

cargo planes from false and secret manifests but Mr. Carbonaro

24

testified there's no military cargo out of JFK and do you

25

really think that if Russell Defreitas found false or secret

And there is a lot of ugly talk on these drives but

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

4719

manifests showing that missiles and tanks were being shipped

out of JFK, that Evergreen wouldn't transfer him in a heart

beat just to get him to shut up.

And Russell Defreitas talks about speaking Yiddish

to Israeli security guards to get their secrets and alluding

the police in stealing cargo and he makes fun of good people

who work for what he calls chicken feed money and he talks

about death and destruction like a ten-year old boy who has

played too many video games.

He talks about making bombs but,

10

as you saw through Lieutenant or Detective Napoli, those bombs

11

were made of chick peas and potatoes.

12

that they had some prior conversation where he revealed that

13

they were made of metal shrapnel and grenades just wasn't true

14

because he never told Louis Napoli about it.

15

Steven Francis' claim

And you ask yourself why would someone talk like

16

this.

17

himself feel important.

18

He didn't know how to fly a plane.

19

listen to these tapes, he doesn't know how to say anything in

20

Arabic except salemoalicum and alhemdulilah.

21

make himself seem important to his friends and to this

22

relatively young man, Steven Francis, who's hanging on his

23

every word.

24
25

Well, ladies and gentlemen, he had nothing else to make


He hadn't worked at JFK for 20 years.
He wasn't an Imam.

If you

He wanted to

Russell Defreitas is not a success in America and


when he goes back to Guyana if he wants an audience to listen

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

4720

to him he has to make things up.

Russell Defreitas to the hilt.

how amazed he is, how impressed he is with Russell Defreitas'

knowledge of JFK Airport, how he never knew these roads

existed or that the tanks were there but, ladies and

gentlemen, Steven Francis was also amazed that there was a

Long Island Rail Road station there so I wouldn't let his

claims of amazement substitute for hard evidence in this

case.

10

And Steven Francis praises


In those tapes he tells him

Russell Defreitas wanted Steven Francis to tell

11

Rutherford that he knew the place and Russell Defreitas in

12

those conversations by telling Steven Francis that makes it

13

sound like Russell Defreitas thought that the Sheikhs and

14

Ponytail didn't believe him, that the Sheikhs and Ponytail

15

back in Guyana also thought he was full of it.

16

So, going to the airport with Steven Francis doesn't

17

indicate that Russell Defreitas had any intent to join a

18

conspiracy.

19

prove to everyone that he knew what he was talking about.

20

It's just evidence that he went to the airport to

And the other thing to remember is that on these

21

drives Russell Defreitas also talks to Steven Francis about

22

investment in the water machine, the water purification

23

machine to purify the water five times, it cures disease.

24

Steven Francis keeps saying to him he doesn't have the money,

25

talk to Rutherford about it but Russell Defreitas keeps on

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

And

Summation - Whalen

4721

talking about it.

thinks that Steven Francis has the money or the ability to

invest in these things.

Why is he doing that, because he obviously

So, let's go to the videotapes and I'd like you when

you go into the back to listen to these recordings but right

now we're going to have to do it with some of the transcripts.

Steven Francis repeatedly testified that Russell Defreitas,

Sheikh Muhammed, instructed him to do things like go to the

camera store.

10

(Pause.)

11

Ladies and gentlemen, I'm going to show you the

12

transcript for Government Exhibit 208 beginning at page

13

five on the bottom where Steven Francis, they're talking,

14

says:

15

Internet.

16
17

I was looking in the

Oh, yeah, it's in Manhattan.


Annas:

it's in Manhattan.

18
19

There's a place on 34th.

Annas:

There's a place on 34th Street.

Oh, yeah,

That has a -- it's a big place.


That has cameras and stuff.

I don't know if

you --

20

Defreitas:

21

Annas:

22

Defreitas:

Uh-huh.

Probably you know.

Or if you know of another place.


No, I don't know no other place.

23

There's a place there -- and then they start talking about

24

driving directions again.

25

Does that sound like Russell Defreitas is

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

4722

instructing Steven Francis to do anything.

tells him about a camera store on 34th.

goes along with it.

Francis testified that Defreitas wanted a high tech camera and

Russell Defreitas says high tech in all of these recordings,

you can hear it over and over and over again.

Defreitas thinks that high tech is having a camera in the

belly of a plane to prevent theft and Russell Defreitas says

at one point in Government Exhibit 206 that he wants a camera


as small as a head piece for a phone.

11

that's the movies.

Steven

But Russell

That's not high tech,

So, let's look now at Government's Exhibit 229 and

13

Government's Exhibit 50.

14

thing.

I'm not going to show you the whole

I'm just going to play portions of each of them.

15
16

Russell Defreitas

That's not an instruction.

10

12

Steven Francis

You've seen a little of these on Ms. Ahmad's


summation.

17

(Whereupon, the videotape is played.)

18

MS. WHALEN:

So, that's the video when they're

19

inside of the truck and then this is the video that was taken

20

by the camera and just to explain, some of these exhibits may

21

look slightly different than what you've seen here before but

22

we had a major computer meltdown and our copy of the exhibits

23

were damaged so we had to substitute with some other earlier

24

ones.

25

(Whereupon, the videotape is played.)

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

MS. WHALEN:

4723

Ladies and gentlemen, if these exhibits

differ in any way with what's in evidence, what's in evidence

controls, not these, these are second best.

gentlemen, the reason I played these for you is that the

government is arguing that Russell Defreitas taking this video

is evidence of him intending to join the conspiracy but how

can the government honestly tell you that Russell Defreitas

took that video.

couldn't see what he was filming and you don't have the

But ladies and

He couldn't turn the camera on or off.

He

10

camera in evidence for yourself to judge whether it's high

11

tech or simply small and whether it's difficult to use, as

12

Steven Francis claimed, or whether Russell Defreitas is just

13

an idiot.

14

But, ladies and gentlemen, Steven Francis paid for

15

the camera so why would Russell Defreitas say no.

16

Francis is treating Russell Defreitas as someone important

17

enough to buy a video camera for and Russell Defreitas gets to

18

have a video record of how impressive his knowledge of JFK is

19

to show his friends and if you listen to those tapes, Russell

20

Defreitas is so impressed with that pathetic video, he talks

21

about it as his accomplishment, the way he talks about it

22

being an accomplishment to drive along public roads at the

23

airport and claim that he accomplished in two days by driving

24

around those roads what it would take others years to do.

25

That's just the talk of a broken man who has nothing.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Steven

Summation - Whalen

1
2
3

4724

And ladies and gentlemen -- if we could switch back


to the Elmo.
Ladies and gentlemen, compare what you see in

Government's Exhibit 22 to what you see from the video when

they're coming around the Bergen Basin, the Air Train from

Howard Beach goes that way, and when they're coming around the

Van Wyck Expressway, when you're coming down this way towards

the terminals, the Air Train goes that way as well.

likely that everything that's recording on that video can be

10
11

So, it's

seen simply from the Air Train at JFK.


Now, although Mr. Carbonaro testified that no one

12

asked for permission to conduct surveillance at the airport,

13

the government hasn't shown you one sign at JFK that tells

14

people they can't videotape.

15

presented in evidence here that people can't photograph and

16

they can't videotape.

17

Russell Defreitas didn't get permission when there are no

18

signs putting people on notice that they need permission to

19

conduct surveillance.

20

There's not one sign that's been

So, how can the government claim that

And just because Russell Defreitas is acting like a

21

fool hiding in the back seat making a videotape doesn't mean

22

he's breaking the law.

23

through this time, just like when they first met, Steven

24

Francis is Russell Defreitas' personal chauffeur, he's driving

25

him wherever he wants to go, he's running all of his errands

It just means he's a fool.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

And all

Summation - Whalen

4725

and Steven Francis testified he did this every day they were

in New York.

agreement to be with Steven Francis isn't evidence of an

intent to join a conspiracy, it's just evidence that he takes

advantage of what's on offer.

Why would Russell Defreitas say no to this.

His

Now, eventually Steven Francis and Russell Defreitas

go back to Guyana but, again, Russell Defreitas' travel isn't

evidence that he has any intent to join the conspiracy.

Rutherford bought Russell Defreitas a return ticket so that

10

Russell Defreitas after he came to New York could go back to

11

Guyana to continue his lawsuit and there's no evidence that

12

Russell Defreitas would have come to New York City at all if

13

he didn't have a return ticket.

14

Rutherford also said that he'd pay for a ticket for

15

Steven Francis to come down as well but he never did and

16

Steven Francis ended up having to pay for his own ticket

17

through the government.

18

didn't wait for Rutherford to pay for the ticket because

19

Russell Defreitas wanted him to come back right away.

20

not wait to see whether the conspirators were willing to pony

21

up the money for a ticket.

22

Just sending somebody down doesn't demonstrate intent on any

23

of the parts of the people in Guyana.

24
25

Now, Steven Francis says that he

But why

That would be evidence of intent.

And when Steven Francis and Russell Defreitas get


back to Guyana they find there's been absolutely no action in

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Whalen

this conspiracy.

one has had contact with Abu Bakr.

supposed to be going to Trinidad, still hasn't gotten his

travel documents and they've been talking about this for

weeks.

Nobody has had contact with Shukrijumah.

No

And Abdel Nur, who is

Who in Guyana is demonstrating any intent to join a

conspiracy?

Rutherford's office in Guyana talking trash.

They're all still sitting on their butts in

9
10
11

4726

(Continued on next page.)

12
13
14
15
16
17
18
19
20
21
22
23
24
25

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

4727

Whalen - Summation
11:47:19

MS. WHALEN:

Now you heard testimony from both

Steven Francis and Donald Nero that everyone was ecstatic

with the JFK video.

ladies gentlemen, you've seen the video and you might want to

take the description with a grain of salt.

Defreitas want the sound edited out of the video unless the

reason everyone was ecstatic was because they were laughing

so hard.

Rutherford cried insha'allah.

Why would Russell

Based on seeing the video, it appeared Rutherford

10

agreed to buy tickets to see Abu Bakr in Trinidad.

11

can't get himself together on time.

12

bought for him is useless.

13

But,

Abdel Nur

The ticket Rutherford

I'm going to show you what's been marked

14

Government's Exhibit 270.

If you see at the very bottom it

15

says this ticket is nonendorseable and I think it also says

16

this ticket is nonrefundable.

17

can't travel because he doesn't have the documents, Steven

18

Francis goes with him the next business day to the travel

19

office to make sure Abdel Nur gets the travel documents, not

20

Rutherford, not Russell Defreitas, not Dawood, not Donald

21

Nero, not Ponytail, people who supposedly have the intent to

22

run the conspiracy.

23

get the ticket or to get the travel documents.

24

Francis goes with Abdel Nur and you can't infer any intent on

25

Russell Defreitas' part from what Steven Francis does.

When it turns out Abdel Nur

Not one of them goes with Abdel Nur to


Steven

M. BRYMER, RPR, OCR

4728

Whalen - Summation
1

At the office Steven Francis lies to a Guyanese

government official to get Abdel Nur travel documents which

he gets.

more.

Rutherford send Steven Francis to the travel office with

Abdel Nur to get a travel document if he didn't intend to

send everyone to Trinidad?

Rutherford said he just didn't have the money anymore.

Rutherford decides he won't pay for the tickets any

Why ask that?

Why send Rutherford or why did

Steven Francis testified

You have the story of Rutherford throwing Steven

10

Francis and Russell Defreitas out of the office when he

11

learns Steven Francis is taking the video off of the

12

computer.

13

is the guy with the money and the access to explosives and

14

Dawood is the guy with access to Shukrijumah, why does Steven

15

Francis fall out with them and stick with Russell Defreitas?

16

Steven Francis knows the government wants Shukrijumah and

17

Steven Francis knows that the government theoretically wants

18

the guys who have the ability to carry out this plot.

19

Does that explanation make sense?

If Rutherford

So, why stick with Russell Defreitas and have a

20

fight with Steven Francis and -- or with Rutherford and

21

Donald Nero?

22

happened is that Rutherford realized no one was interested in

23

the conspiracy and Rutherford realized he was just being used

24

to provide tickets and that's why he's pissed off and that's

25

why he kicked everyone out of his office?

Doesn't the evidence make it more likely what

M. BRYMER, RPR, OCR

4729

Whalen - Summation
1

Now, Steven Francis testified after that Russell

Defreitas goes out and searches for someone new to get into

the conspiracy and Steven Francis testifies that Russell

Defreitas goes to Abdul Wahib who then takes them to Abdul

Kadir.

Francis'testimony.

recordings of the meeting with Abdul Kadir because of the

headlock.

Was there any testimony Steven Francis thought there was any

You have no recordings.

You just have Steven

Steven Francis told you there were no

Why not recording of the meeting with Abdul Wahib?

10

danger with Abdul Wahib.

11

have the best evidence to know whose idea this was to

12

continue.

13

Without the recording you don't

If Russell Defreitas proposed it or why Russell

14

Defreitas would agree to it without any recordings you just

15

don't know.

16

know that Russell Defreitas is still hopeful he and Steven

17

Francis can go into the import/export business.

18

in the later recordings shows that Russell Defreitas had the

19

intent to go into business and that evidence shows you why he

20

had the intent to stick with Steven Francis.

21

One thing is true from the later recordings you

The evidence

Now, Steven Francis and Russell Defreitas meet with

22

Abdul Kadir but the evidence despite the initial meeting is

23

clear Russell Defreitas didn't personally know Abdul Kadir

24

and didn't know him well enough to call him directly.

25

went through Abdul Wahid and once Abdul Wahib says, oh, let's

They

M. BRYMER, RPR, OCR

4730

Whalen - Summation
1

go see Abdul Kadir, Russell Defreitas doesn't say I will call

him directly.

you Russell Defreitas only knew Abdul Kadir as the mayor of

Linden.

of Omar Black (ph.) and that's it.

DeFreitas'own statements to Steven Francis that he tried to

meet Abdul Kadir through his driver at one point and

couldn't.

He still goes through Abdul Wahib.

That shows

Russell Defreitas only knew Abdul Kadir as a friend

And you have Russell

Starting on line 30 Mr. Defreitas says:

You know in

10

the country like for instance, Kadir, when I hear Bilal was

11

always talking about you know I must have met the man since

12

he was a mayor.

13

Annas says:

14

Defreitas:

Wow.
But I tried but he always, ah, ah, he

15

was always in Parliament.

16

Annas:

17

Defreitas:

Okay.
Yeah, I even met the driver and I asked

18

the driver to make arrangement for me to come and meet him.

19

The driver says I can try but he's so busy you know.

20

you what I told him about the driver and he said the driver

21

in America.

22

So, clearly, Russell Defreitas didn't know Abdul

23

Kadir.

24

know him.

25

Tell

He may have been trying to meet him but he didn't

Ladies and gentlemen, I will stay away from Abdul


M. BRYMER, RPR, OCR

4731

Whalen - Summation
1

Kadir's case and you have to decide each man's case

separately, but what I will say is you've seen a lot of

documents concerning Abdul Kadir and his relationship to Iran

and you've seen Abdul Kadir's family photos but you've heard

testimony there's no evidence that Russell Defreitas knew

about any of these things.

will instruct you again as to how you can consider these

items, if you can consider them in any way against

Mr. Defreitas.

And the Judge instructed you and

10

One other thing you need to know though with Abdul

11

Kadir is that business contacts and the mosque were clearly

12

discussed in Guyana because Russell Defreitas talks about

13

them when he gets back to the United States.

14

States Russell Defreitas is talking about import and export

15

and trying to get a business off the ground with Abdul Kadir.

16

In the United

When you look -- when you listen to Government's

17

Exhibit 214, the call when Russell Defreitas talks to Abdul

18

Kadir about the airport which sets off a whole other line,

19

Russell Defreitas goes into talk about import and export

20

deals and Russell Defreitas in the later conversation also

21

talks about building the mosque and is in fact recommending a

22

plumber, Ramadan, to come down and help with the building.

23

Ladies and gentlemen, after this meeting with Abdul

24

Kadir, Russell Defreitas had to borrow money to get back to

25

the States.

Once he got back to the United States he does


M. BRYMER, RPR, OCR

4732

Whalen - Summation
1
2

nothing with respect to this conspiracy.


Steven Francis is the one who gets a computer,

Steven Francis is the one who goes to Google Earth and Steven

Francis is the one who tries to map out JFK.

Defreitas does not have the ability to do that.

listen to the tail end of the recording in Exhibit 214, you

hear how little help Russell Defreitas is when looking at

Google earth.

wants to give it up and call it a night and Steven Francis is

Russell
If you

Russell Defreitas is essentially the one who

10

the one who offers to make prints.

Russell Defreitas isn't

11

directing him or instructing him to do that.

12

Then in 215, Government's Exhibit 215, which is the

13

video of the two men meeting the next day and looking at the

14

map, you hear no complaints from Russell Defreitas about how

15

the map looks.

16

is not in 3D.

17

Steven Francis tells you Russell Defreitas directed him to

18

make a 3D map.

19

There's no complaint about the fact the map


So, again, take it with a grain of salt when

On March 7, 2007, the Government Exhibit 216, Steven

20

Francis has a conversation with Abdul Kadir and Abdul Kadir

21

says his contacts aren't interested in the Chicken Far and

22

after this you have no evidence that Russell Defreitas is

23

interested in doing anything further for this conspiracy.

24

There's no evidence that Russell Defreitas looked for anyone

25

else to participate, there's no evidence that Russell


M. BRYMER, RPR, OCR

4733

Whalen - Summation
1

Defreitas made any plans to go to Trinidad and there's no

evidence that Russell Defreitas had further contact with

Abdul Wahib.

Ladies and gentlemen, the government is clearly

frustrated.

They want to get to Abdul Wahib and they want to

see if they can get to Shukrijumah.

Abu Bakr and they want to see if they can get to Shukrijumah.

You know they do because now the government really starts to

offer good things.

Or they want to get to

They offer free airline tickets to

10

Russell Defreitas through the undercover Mohammad.

11

Francis offers Russell Defreitas a place to stay in Trinidad.

12

Steven

Why would Russell Defreitas say no to any of these

13

things?

In his testimony Steven Francis testified that

14

Russell Defreitas could have paid for plane tickets to go to

15

Trinidad on his own because he was living in that FBI

16

apartment for free.

17

didn't use his own money to buy any plane tickets for that

18

trip to Trinidad.

19

City, Russell Defreitas is doing other things and the fact

20

this conspiracy is going nowhere doesn't matter to him.

21

is evidence he never intended to join it.

22

But the evidence is Russell Defreitas

Russell Defreitas is working in New York

It

Remember once undercover Mohammed had offered the

23

free plane tickets, Russell Defreitas didn't go straight to

24

Trinidad.

25

agreeing to a free trip home isn't evidence of an intent to

Russell Defreitas wanted to go to Guyana first and

M. BRYMER, RPR, OCR

4734

Whalen - Summation
1

join a conspiracy, it is just evidence Russell Defreitas

wanted a free trip home and he has to go with Steven Francis

to Trinidad to get the trip.

everyone is treating him like he's important.

Why not?

Especially because

Also, remember if Russell Defreitas says no to any

of Steven Francis'offers, Russell Defreitas may lose the free

apartment he's living in and Russell Defreitas may lose

Steven Francis driving him everywhere all day.

shows that Russell Defreitas has personal incentives to go

The evidence

10

along with anything Steven Francis proposes.

Continuing to

11

go along with those proposals is not evidence of his intent

12

to join a conspiracy.

13

Russell Defreitas goes with him freely, voluntarily,

14

but the evidence shows to take advantage of the offer and not

15

to commit any crime.

16

Ladies and gentlemen, if you're not sure and you're

17

saying, well, maybe his going shows an intent to commit a

18

crime and somebody else says maybe it shows he wants to take

19

advantage of what's on offer, you have to find Russell

20

Defreitas not guilty because the burden of proof is beyond a

21

reasonable doubt.

22

The government has to prove to you beyond a

23

reasonable doubt that it was Mr. Defreitas' intent to join

24

this conspiracy, not just that it was a possibility.

25

When Russell Defreitas and Steven Francis go to


M. BRYMER, RPR, OCR

4735

Whalen - Summation
1

Guyana, Russell Defreitas doesn't stay in Linden.

in Georgetown.

business.

in Linden with Steven Francis and Abdul Kadir?

He stays

Russell Defreitas is taking care of his own

And if it is Russell Defreitas' plot, why isn't he

Steven Francis testified Russell Defreitas went to

Linden once to show the Google map to Abdul Kadir.

Again,

there's no recording from the meeting and the later recording

of Kareem Ibrahim you know Russell Defreitas doesn't explain

the map, he leaves that to Steven Francis and that other

10

discussion in Linden and when you look at the exhibits

11

presented by the government, you'll notice that a lot of them

12

are from Government's Exhibit 223.

13

that Abdul Kadir had with Steven Francis saying, Oh, you want

14

to do this to meet Abu Bakr, you want to talk to him this

15

way.

16

about Hezbollah and later on fatwa against Salman Rushdie and

17

Iran.

18

That was the conversation

It's the recordings where they had the discussions

Ladies and gentlemen, Russell Defreitas was not

19

present for that conversation.

20

the recording, Defreitas was not there.

21

listen to that regarding about Abdul Kadir telling Steven

22

Francis how to meet Abu Bakr.

23

Look at the record, listen to


Also, look and

Look at what Steven Francis says:

24

Mohammed to speak.

25

speak?

Me, I'll allow

Steven Francis will allow Mohammed to

He quickly recovers because he knows he's wearing a


M. BRYMER, RPR, OCR

4736

Whalen - Summation
1

recording device and he says, Oh, yeah, it is not my idea

anyway.

inspire for this.

decide.

It is Sheikh Mohammed.

He's the one that said I

He comes back with:

I let him speak and decide?

I let him speak and

If Russell Defreitas is

running this thing, if Russell Defreitas is instructing

Steven Francis in everything, as Steven Francis testified,

what's this talk of allowing and letting?

evidence that Steven Francis is the one who's running the

Isn't this

10

show?

11

Russell Defreitas' intent, why isn't Russell Defreitas in

12

Linden talking to Abdul Kadir and getting the instructions

13

detailed in the recording 223.

14

And if this is Russell Defreitas' conspiracy, this is

Clearly, the evidence shows it is not Russell

15

Defreitas' conspiracy and it is not his intent.

16

shows Russell Defreitas is going along because he's being

17

offered all sorts of free things and people are listening to

18

his nonsense and treating him as if he's important.

19

weak-minded, foolish man with a big mouth wouldn't take

20

advantage of that?

21

The evidence

What

Now Steven Francis testified Russell Defreitas paid

22

for the ticket for Abdul Nur to go to Trinidad.

The

23

government wants you to believe that's evidence of Russell

24

Defreitas' intent to join the conspiracy.

25

Abdel Nur's participation and let's look at the ticket.

Let's look at

M. BRYMER, RPR, OCR

4737

Whalen - Summation
1

Russell Defreitas didn't want Abdel Nur to go to

Trinidad.

Russell Defreitas talks to Abdul Kadir about using

the third ticket they got from undercover Mohammed.

Steven Francis is the one who wants Abdel Nur to go.

Russell Defreitas eventually agrees to let Abdel Nur go

because he was begging.

But
And

Think about how that ticket was purchased.

Francis first testified Russell Defreitas bought the ticket.

Then he clarified that Russell Defreitas paid for the ticket.

10

Then he further clarified that Russell Defreitas paid for the

11

ticket out of money he had originally borrowed from

12

Shafek (ph.), not from his own money.

13

if Russell Defreitas is paying for the ticket and Abdel Nur

14

and Russell Defreitas are in Georgetown and Steven Francis is

15

in Linden, two hours away, why does Steven Francis have to

16

come to Georgetown to buy the ticket that Russell Defreitas

17

is paying for when Russell Defreitas is already in

18

Georgetown?

19

wouldn't actually buy the ticket?

20

If he thinks that, isn't that evidence that Russell

21

Defreitas' intent wasn't to belong to any conspiracy?

22

Steven

Ladies and gentlemen,

Did Steven Francis think that Russell Defreitas


Is that why he was there?

Ladies and gentlemen, Abdel Nur, no matter what the

23

government says clearly did not have any intent here.

He

24

agrees to talk to Abu Bakr for these guys because he wants

25

money and he wants to get out of Trinidad.

And look at the


M. BRYMER, RPR, OCR

4738

Whalen - Summation
1

recordings, listen to the recordings between Steven Francis

and Abdel Nur.

Nur money and then asks Abdel Nur what he thinks as to

whether Abu Bakr would be interested in the plan.

listen to it in Government's Exhibit 218 and Government's

Exhibit 221.

ticket, Steven Francis asks Abdel Nur if he thinks Abu Bakr

is going to be interested in shining.

going to say?

10

Steven Francis always promises to send Abdel

Before really committing to sending money or a

No?

What is Abdel Nur

If he says no, is he going to get the

money or the ticket to Trinidad?

11

You can

Who knows?

But if you listen to the conversations you can

12

almost hear Abdel Nur thinking about what to say to make sure

13

he gets the money and gets the ticket.

14

Trinidad Abdel Nur disappears for two days.

15

Francis'number but he doesn't call him.

16

Mr. Defreitas and Kareem Ibrahim have to go out to look for

17

him.

18

or not he told Abu Bakr about the plan, Abdel Nur's response

19

tells him nothing

Once they get to


He has Steven

Steven Francis and

When Steven Francis confronts Abdel Nur about whether

20

I think you remember this conversation, because it

21

is the one where Steven Francis says what do you mean, so,

22

so, so?

23

answers if he want to do it,he'll do it.

24

do it, if he no, ah, ah, ah, that he could get it sell

25

because he would do it in a way that he would get other

No, exactly what did you told him?

And then Nur

If he don't want to

M. BRYMER, RPR, OCR

4739

Whalen - Summation
1

contacts to sell it, to keep him out because you know he has

to be out of it but when he sell it so, so little funds can,

you know, whatever.

brother can get to sell, we can say, well, if, but then he

said it's gonna take time and Abu Bakr got the more, got the

more contacts.

them.

8
9

Once you can get to sell, if the other

He will do it faster.

The Shiites, most of

What does that mean?


Finally, how do you know that Russell Defreitas

didn't have the intent to join the conspiracy?

You know he

10

didn't have the intent because of what happened in Trinidad

11

with Kareem Ibrahim and what was recorded in Exhibit 224 and

12

230.

13

Russell Defreitas learned firsthand that Abu Bakr was

14

dangerous and Russell Defreitas decided on his own not to go

15

to Abu Bakr.

16

Russell Defreitas learned Abu Bakr has no money,

Now, Russell Defreitas and Steven Francis didn't

17

know they were going to meet Kareem Ibrahim.

18

they were staying with some student of Abdul Kadir's and they

19

had no discussion with Abdul Kadir, with anyone on any

20

recording about Kareem Ibrahim.

21

Kareem Ibrahim or Russell Defreitas tried to present

22

accomplishments to Kareem Ibrahim and butters him up with all

23

the talk and claims about Kareem Ibrahim's knowledge,

24

importance and being the best candidate.

25

They thought

But once they're there

Russell Defreitas has only known him for four days.


M. BRYMER, RPR, OCR

4740

Whalen - Summation
1

Russell Defreitas decides to show him the plan and then asks

him what do you think of our accomplishment?

gentlemen, before that video is shown, before he shows Kareem

Ibrahim his accomplishment, he tries to sell Kareem Ibrahim

the water purification machine.

trying to sell Kareem Ibrahim on a plot to blow up JFK he's

also trying to get him to invest in a water purifier?

that what he planned to do with Abu Bakr?

plot and then turn it around into a way to invest into his

But, ladies and

So, at the same time he's

Is

Talk about the

10

water purifier?

11

to be played with, that Abu Bakr was the real thing, that Abu

12

Bakr is a real terrorist?

13

decided he didn't want to be part of this anymore?

14

instead he turns to another old man, if you listen to the

15

recordings, who thinks the video is worth millions and talks

16

foolish talk.

17

tower, feed, cargo and all the death and destruction.

18

Russell Defreitas agrees to leave the video and map with

19

Kareem Ibrahim after knowing him for only four days

20

But then find out that Abu Bakr is not a guy

Is that when Russell Defreitas


So,

All the fantasies come out again, about JFK,

Steven Francis testified that Russell Defreitas did

21

all of this because he was afraid he would get caught.

22

Ladies and gentlemen, Russell Defreitas wouldn't leave that

23

video with Rutherford.

24

Defreitas was always worried someone would try to take it

25

from him.

And Steven Francis testified Russell

Why would Russell Defreitas leave the video with


M. BRYMER, RPR, OCR

4741

Whalen - Summation
1

Kareem Ibrahim, a guy he had only known for four days, unless

he was finally coming to his senses?

Ibrahim admits to Steven Francis he doesn't have anything but

scholarly contacts in Iran?

really have the ability to deal with this.

6
7

Especially when Kareem

He doesn't know anyone who could

Then we come to Government's Exhibit 230 and I'm


just going to ask you to listen to clips A, B and C.

(Recording played.)

MS. WHALEN:

I know I'm the only thing standing

10

between everybody and lunch.

11

hear the tapes you can listen to the entire tape when you're

12

back deliberating in the jury room or when you're out here

13

listening to it, but this is when Russell Defreitas realizes

14

his fantasy and his trash talking has gone too far and it is

15

when he realizes his life is in danger.

16

basically says to Russell Defreitas he's afraid to go through

17

with the plan, Russell Defreitas realizes, yeah, he is and he

18

has Abdel Nur laughing at him in the corner, what a complete

19

humiliation.

20

Nur thinking he's a joke.

21

Ladies and gentlemen, when you

When Steven Francis

Early in the conversation he talks about Abdel

What does Russell Defreitas do to save face?

He

22

continues to talk about the plan the next day, comes up with

23

new codes, talks about increasing the nonprofit to take the

24

money, he agrees to be the trainer of six good men who will

25

roll out of the back of the truck like Ninjas.


M. BRYMER, RPR, OCR

4742

Whalen - Summation
1

How does Russell Defreitas go from the guy who in

January is saying to Steven Francis how do you think this is

going to happen to Ninjas rolling out of the back of a truck

in May?

almost every day getting rides to work and such?

Russell Defreitas been with?

who testified here that he worked at security in a mosque,

Steven Francis, and who testified that security guards at the

mosque dress in black with hair -- black hats and they darken

Who has Steven Francis been with for six months


Who's

He's been with Steven Francis

10

their beards?

11

training?

12

Francis.

13

good men came out of his talk with Steven Francis.

14

Steven Francis.

Steven Francis.

Who had martial arts

Who knew about Ninjas?

Steven

It is clear these new fantasies about training six

I'm not saying Steven Francis told Russell Defreitas

15

that he would have to do this or that he should do this, but

16

when you listen to those conversations and hear how Russell

17

Defreitas just picks up on one little thing and takes off on

18

it into making it some big fantasy story, this discussion

19

doesn't show any more commitment or any more intent to commit

20

a crime on Russell Defreitas' part.

21

In the end, in Trinidad, Russell Defreitas' nonsense

22

was caught.

Russell Defreitas was afraid of a real

23

terrorist.

24

machine to Abu Bakr.

25

guy.

He didn't want to go sell his water purification


Russell Defreitas was too afraid of the

In the end, if you listen to the recordings who wants


M. BRYMER, RPR, OCR

4743

Whalen - Summation
1

to call Abdul Kadir about the changes?

Steven Francis makes the phone call and then passes the phone

to Russell Defreitas.

It is Steven Francis.

Who wants to discuss the type of communication when

you listen to this tape and hear Kareem Ibrahim and Russell

Defreitas talking?

talking about the kind of communications in this plan?

Steven Francis.

Defreitas are talking trash.

10

Who is the person who brings them back to


It is

Prior to that Kareem Ibrahim and Russell

If Steven Francis brings them back to conspiracy

11

plans that's Steven Francis's intent, not Russell Defreitas'.

12

When Russell Defreitas says to Kareem Ibrahim just deposit

13

money for the scheme in Abul Kadir's account, who is the one

14

who's desperate to call Abdul Kadir?

15

It is Steven Francis.

Steven Francis says in one of the recordings you

16

need to call him immediately and let him know, you need to

17

ask him.

18

later comes back:

19

Defreitas tells him you can tell him.

20

doesn't know if Abdul Kadir is going to agree to this.

21

pretty clear from the recordings Russell Defreitas doesn't

22

care.

23

Defreitas now that scary Abu Bakr is out of the picture.

24
25

Russell Defreitas says be my guest.


You want to tell him or I?

Steven Francis
Russell

Russell Defreitas
It is

This is all back to being a story for Russell

In some of these recordings, if you listen to them,


you see examples of how Steven Francis presents things.
M. BRYMER, RPR, OCR

4744

Whalen - Summation
1

He'll say, Oh, Sheikh Mohammed agreed to call you and allow

you to know this.

listen to the recordings, you hear Steven Francis saying we

should call so and so, we should call so and so.

get on the phone it is, Oh, Sheikh Mohammed instructed me to

call you.

Sheikh Mohammed agreed to call?

If you

When they

Listening to Exhibit 226, at the airport in

Trinidad, Steven Francis is the one who wants to make a plan.

Steven Francis is the one who wants to set up a date.

10

Francis is the one who wants everybody's address.

11

does.

12

Steven

Clearly he

He wants them for the U.S. Government.


Russell Defreitas is saying, Oh, that could wait, we

13

don't have to do that now.

14

checked out of this whole thing.

15

Russell Defreitas is clearly

And the later phone calls, there is no evidence of

16

intent on Russell Defreitas' part either.

17

of his fantasy talk.

18

Russell Defreitas knew that Abdul Kadir was traveling to

19

Iran.

20

There is just more

There's no evidence in this case that

Let's look at some of the ways the evidence has been

21

presented to you.

First of all, you heard from Donald Nero.

22

Donald Nero is either a liar or had a bad memory.

23

trust him.

24

after Russell Defreitas was arrested.

25

cooperation agreement and the ability to stay in the United

You can't

The government sought him out more than a year


They promised him a

M. BRYMER, RPR, OCR

4745

Whalen - Summation
1

States.

You he heard about the charges, knew about the

arrest.

Why wouldn't Donald Nero tell the government what

they wanted to hear in order to come to the United States

where he so desperately wanted to be?

Donald Nero's story about why he joined this

conspiracy makes no sense.

He testifies he wanted to come to

the United States for the wonderful economic opportunities,

so much so he was willing to try and come illegally and then

10

decides to join a plot to blow up JFK Airport.

11

tells you it is because he was unhappy with the way Muslims

12

were being treated in Kosovo.

13

the Muslims are being treated in Kosovo go blow up an airport

14

in Serbia.

15

he joined the conspiracy makes no sense and it is probably

16

just a lie.

17

Why?

He

If he's unhappy with the way

JFK has no connection.

The explanation as to why

Donald Nero wanted to make amends for his

18

involvement in the alleged conspiracy.

19

be a lie.

20

year before the FBI came to talk to Donald Nero.

21

Nero was so rapt with guilt, why didn't he call them and

22

confess?

23

and sat there and watched a video and he said this would be

24

the kind of explosives we should use.

25

That also appears to

Mr. Defreitas had been arrested for more than a


If Donald

Basically, his testimony was he talked to one guy

Why confess?

That was it.

Why plead guilty to a crime carrying a


M. BRYMER, RPR, OCR

4746

Whalen - Summation
1

sentence of life in prison when that's all he did?

no one could force him to come to the United States.

no one could force him to go to jail here and he knew no one

could force him to plead guilty to the crime.

He knew
He knew

Now, he has a cooperation agreement and the promises

made are pretty substantial.

a sentence as low as time served.

come to the United States maybe time served with a promise of

a visa afterwards looks like a good deal.

10

He tells you himself he can get


If he wanted to really

There's one other thing Donald Nero testified and

11

that is that he was lying when he told Annas he knew

12

Shukrijumah.

13

presented that Shukrijumah is one of the top Al Qaeda

14

operatives who lives freely throughout the Caribbean I argue

15

the evidence points in another direction.

16

Maybe Nero did lie, but on the evidence being

When Nero wasn't in custody, when he was speaking

17

with Steven Francis he admitted to knowing Shukrijumah.

18

that in fact is true and if Shurkijumah is the bad Al Qaeda

19

guy the government's expert Matt Levitt claims he is,

20

Shurkijumah might not be too happy about a long time friend

21

planning to see him with a guy who turns out to be a FBI

22

informant and to Donald Nero a U.S. jail cell might look like

23

a pretty safe place especially if it comes with a U.S. visa

24

after release.

25

If

Donald Nero's recollection about his behavior with


M. BRYMER, RPR, OCR

4747

Whalen - Summation
1

Steven Francis indicates he is a liar, bad memory and you

can't trust him as a witness.

any meetings at his house, doesn't remember taking any lead

in planning before Rutherford joined, doesn't remember asking

Steven Francis for any favors like help for his wife in

either coming to Guyana or finding an apartment, doesn't

remember asking for immigration help for himself to get

married again illegally to come to the United States.

Donald Nero didn't remember

Steven Francis doesn't remember any kind of personal

10

dispute between himself -- or Donald Nero doesn't remember

11

any personal dispute between himself and Steven Francis that

12

ended the relationship.

13

Steven Francis testified to that.

Now, Nero claims that Russell Defreitas threatened

14

to shoot him in his joints.

15

getting too long.

16

which is the first or -- the first recording from when

17

Russell Defreitas is back in New York City, he and Steven

18

Francis are talking and if you listen to that recording, the

19

part that hasn't been transcribed, you'll hear Russell

20

Defreitas talking about the fight that he had with Donald

21

Nero and how Steven Francis brought them back together and

22

Steven Francis told them that they should conciliate and

23

Steven Francis got them back together and made peace between

24

them.

25

I won't play the clip.

It is

If you listen to Government's Exhibit 204,

So, ladies and gentlemen, if there had ever been


M. BRYMER, RPR, OCR

4748

Whalen - Summation
1

this kind of threat to shoot him in his joints, Steven

Francis made it right again.

again, this whole thing might have fallen apart long before

the video in Government's Exhibit 50 was ever made.

If he hadn't made it right

So, Donald Nero's testimony adds nothing to this

case.

At best he has a bad memory and his testimony is not

proof beyond a reasonable doubt and at worst he's a liar and

that also means his testimony is not proof beyond a

reasonable doubt.

10

Then you have to look at Steven Francis.

Ladies and

11

gentlemen, you can't trust anything Steven Francis says

12

unless you can verify it on the recordings.

13

Steven Francis has too much at stake.

14

with his own little government bail out plan and basically he

15

knows if he commits a crime he can become a government

16

informant and lessen whatever sentence he faces for his own

17

crimes.

18

seems to think it is an achievable goal.

19

That's because

Steven Francis came up

You know here he wants lifetime probation and he

You've seen Steven Francis' cooperation agreement;

20

it is in evidence.

21

based upon what the special prosecutor determines is the

22

quality of his cooperation.

23

the prosecutor thinks he has had good enough cooperation.

24
25

He has varying sentences he will get

He can get lifetime probation if

Now, the government seems to imply that simply


because he testified in the grand jury he's already achieved
M. BRYMER, RPR, OCR

4749

Whalen - Summation
1

that goal.

after committing such a serious second drug offense for the

second time, he's got to do something a little bit more than

just testifying in the grand jury and to get lifetime

probation to provide substantial cooperation on a terrorism

case would probably do it.

lie, incentive to fill in the blanks, to explain what people

meant on the tapes in a way most favorable to the government

because he knows the government will be speaking or writing a

10
11

Ladies and gentlemen, I would argue to you that

That gives him an incentive to

letter on his behalf at sentencing.


Just remember his demeanor when he was being asked

12

questions by the government.

13

-- he did answer the questions.

14

answered questions when a defense attorney was asking him.

15

Rarely did he give a "yes" or "no" answer.

16

gave a lengthy answer and if he gave an answer, it was buried

17

in so much verbiage you had no idea what it was.

18

because he didn't speak English.

19

with a message, the government's message, and that was all

20

that Steven Francis was going to testify to you whether the

21

facts of the case fit that message or not.

22

His answers were wordy, but you


Compare that to the way he

He almost always

It wasn't

It was because he came here

Ladies and gentlemen, I don't know if you remember,

23

but he cried on the stand when he was talking about how

24

terrible his time in prison had been.

25

remember he got out of jail from that terrible prison

I just want you to

M. BRYMER, RPR, OCR

4750

Whalen - Summation
1

sentence in April of 2000 and in January or February of 2001

he got back involved in the drug business.

wasn't doing little half gram sales to pay the rent when hair

cutting wasn't going too good.

kilo organization that distributed large amounts of cocaine

and he got involved in that drug conspiracy about nine months

after being released from the prison sentence that drew him

to tears when he testified about it ten years later.

though the memory of it wasn't big enough or horrible enough

Steven Francis

He got involved in a multi

10

to keep him away from drugs nine months after he was

11

released.

12

Even

Remember, too, and I think this is really important,

13

when he was involved in this new crime he was reporting to a

14

Probation Officer.

15

once a month face to face and he was lying to his Probation

16

Officer every month about where he was working, about how

17

much money he was earning and whether or not he was dealing

18

drugs.

19

straight face for more than a year from 2001, when he got

20

involved in that drug conspiracy, until November 2002, when

21

he was arrested, he could lie to you.

22

He was meeting that Probation Officer

If he could lie to a Probation Officer with a

When he talks about his prior crimes, he doesn't

23

accept responsibility or show remorse.

When he was asked

24

about his indictment in the 1994 case, he said it was only

25

for 50 grams of crack cocaine.

On cross-examination it came
M. BRYMER, RPR, OCR

4751

Whalen - Summation
1

out it was for a kilo of heroin as well.

he admitted to more serious crimes in that case was given to

you or presented to you as some sort of evidence of his

trustworthiness.

crimes, but after admitting to those crimes he still got a

sentence that was lower than the one he was facing on the

original indictment.

8
9

And the fact that

But remember he admitted to more serious

So, admitting to more serious crimes and cooperating


worked out pretty well for him.

It is not evidence that he's

10

particularly trustworthy.

11

trying to act like he shouldn't be responsible for all the

12

drugs in that case, that he should only be sort of

13

responsible for the five kilos of drugs he was actually

14

caught with in his hand and what he left in his apartment,

15

they weren't really his.

16

really his just because he didn't get to keep the money from

17

the sales of those drugs, but, ladies and gentlemen, he

18

picked the drugs up, looked after the apartment where they

19

were kept, delivered those drugs and collected the money.

20

So, just because he wasn't the top guy, got to keep most of

21

the money, don't let him pretend he's not responsible for all

22

the drugs.

23

With the case he's facing now he's

Ladies and gentlemen, they weren't

Remember the way he talked about it.

24

to pick it up.

25

what I was told.

I was directed

There were other people there, too.

I did

It doesn't sound like somebody accepting


M. BRYMER, RPR, OCR

4752

Whalen - Summation
1

responsibilities for his actions.

trying to downplay his involvement with those drugs.

It sounds like somebody

Steven Francis is a smooth operator who knows how to

play the angles and you have to examine his testimony with

more than care.

comb.

someone meant, you need to think long and hard about whether

you can trust that explanation and whether you can trust it

beyond a reasonable doubt.

10

You need to go over it with a fine tooth

Anytime he fills in the blanks or explains what

Now, Steven Francis testified that Sheikh Mohammed

11

directed him to do things and, as I said before, listen to

12

those recordings.

13

directing anybody to do anything.

14

You'll hear that Russell Defreitas wasn't

You also heard that Steven Francis improvised, as

15

Detective Napoli called it, in some pretty unlawful ways.

16

lied to a government official to get travel documents and he

17

believed Steven Francis about Abdel Nur being desperate to

18

get out of Guyana.

19

Russell Defreitas to buy a ticket so Abdel Nur could flee.

20

Steven Francis is the one who convinced

You have to look at even the way the other evidence

21

was presented in the case.

22

was asked whether Russell Defreitas had worked at JFK, but

23

not how long he had worked there.

24

cross-examination.

25

He

How on direct Robert Addonizio

That had to come out on

In the testimony about the plane ticket that was


M. BRYMER, RPR, OCR

4753

Whalen - Summation
1

shown in Government's Exhibit 270, Robert Addonizio was

directed and asked these questions:

Government's Exhibit 270.

for Eversley Compton.

He was asked what's

He said an itinerary for flight

In your mind who's Eversley Compton?

Abdel Nur.

Going all the way down:

Again, you mentioned --

remind me, what is this?

The itinerary for a flight.

10

According to Government's Exhibit 270, did Compton

11

Eversley or Abdel Nur obtain a flight ticket in late January

12

2007, returning in early February?

13

"Answer:

14

Then they go through the flights.

15

What day is that?

16

28 of January 2007.

17

Was there a return flight?

18

Yes.

19

What date?

20

February 5th, 2007.

21

What date was that ticket issued, the itinerary

22

Yes, he did."

issued?

23

26th of January 2007.

24

Where did you first see this document, Government's

25

Exhibit 270?
M. BRYMER, RPR, OCR

4754

Whalen - Summation
1

In Georgetown, Guyana, on the 10th of June 2007.

About four months after the return?

Prior to that date, prior to June 10th, 2007, did

you know that Abdel Nur had a plane ticket in late January

from Georgetown to Port of Spain returning about a week

later.

No.

Is it fair to say the FBI can't track all foreign

travel?

10

Correct.

11

Ladies and gentlemen, it looks like he's being asked

12

the question and giving an answer that makes it look like

13

Abdel Nur flew when the government knew he hadn't.

14

Abdel Nur screwed up, they knew Abdel Nur hadn't gotten

15

travel documents and they knew that because Steven Francis

16

was sent two days later to go with Abdel Nur to get them.

17

They knew

Now, maybe the government didn't know the ticket had

18

actually been purchased, but they knew the tickets were in

19

the works and they knew that Abdel Nur never flew and they

20

knew it because Louis Napoli wrote it up in his 302 on report

21

from Steven Francis.

22
23
24
25

If this case is so strong, why do they have to play


games with the evidence like that?
Ladies and gentlemen, Exhibits 51, 59, 52, these are
Government's Exhibits 51 through I believe 60 or 61, and
M. BRYMER, RPR, OCR

4755

Whalen - Summation
1

these are all shots and they were presented to you as shots

that were somehow made in the course of this case, but Steven

Francis testified that they came from the video.

didn't make these shots and Russell Defreitas didn't make

these shots.

the video?

But he

Why present them to you like they're part of

Why not just show you the video?

Then, with some of these recordings, some of these

recordings are long and some portions are irrelevant.

talk to you about it and you can listen to it.

I will

I think you

10

remember and they played it for you this afternoon, Dawood

11

asking Steven Francis do you want to die as a martyr?

12

that's a pretty shocking question until you listen to the

13

very beginning of that call and you hear Steven Francis

14

saying that he was just out praying for the brothers who gave

15

their all for the events of five years before.

16

September 10th.

17

he admitted on cross-examination he was talking about the

18

brothers who had given their all, the terrorists in the

19

events of September 11th.

20

Yes,

It was

So, Steven Francis is talking -- and I think

Then, when later on Dawood asks him do you want to

21

die as a martyr, the only shocking thing is it took Dawood

22

ten minutes to decide if he was going to answer the question.

23

Finally, you're left with statements Russell

24

Defreitas made on the night of his arrests.

Who knows what

25

questions Russell Defreitas was asked to make those


M. BRYMER, RPR, OCR

4756

Whalen - Summation
1

statements.

Mr. Defreitas for almost a year, recording as many of his

conversations as they could.

he said when he was questioned after his arrest?

be usual procedure in an FBI investigation like a bank

robbery or drug bust, but in this case after the government

has been recording the guy for almost a year, why wouldn't

the FBI want you to know exactly what they asked

Mr. Defreitas and exactly what he said?

10

The government was conducting surveillance on

So, why didn't they take what


It may not

Ladies and gentlemen, the evidence shows that

11

Russell Defreitas didn't have the intent to join this

12

conspiracy.

13

business ventures, import, export, the water purifier.

14

could his intent be to cause major economic damages if he

15

also wants all of these business opportunities?

16

It shows he wanted to make money through his


How

It is clear from the recordings that Russell

17

Defreitas, Donald Nero, Rutherford and Abdul Kadir, all

18

thought that Steven Francis had the ability to go into

19

business.

20

Defreitas' participation indicates an intent to join any

21

conspiracy.

22

The evidence doesn't show that any of Russell

The evidence showed that he was just taking

23

advantage of what was offered, a free apartment, free plane

24

tickets, guy driving him all over New York City and the

25

chance to impress his friends with his trash talking.

The

M. BRYMER, RPR, OCR

4757

Whalen - Summation
1

government offered Russell Defreitas a free apartment, free

plane ticket and a driver and now wants to argue to you

acceptance of those things show intent on his part to join a

conspiracy and commit a crime.

the evidence in this case doesn't prove beyond a reasonable

doubt that Russell Defreitas' acceptance means he's part of

any plot.

takes what is on offer, when it is offered, especially if it

comes with an opportunity to talk.

10

But, ladies and gentlemen,

It could just as easily show he is just a man who

The evidence shows Russell Defreitas was all sizzle

11

and no sting.

12

and experts, with all the window dressing, at least with

13

respect to Mr. Defreitas, the evidence in this case shows

14

that Russell Defreitas was a guppy the government was trying

15

to pass off to you as a shark.

16

of money and didn't get Shukrijumah and Abu Bakr and the

17

lousy video in Government's Exhibit 50 does not show he has

18

intent to join a conspiracy.

19

small mind, big mouth and ugly imagination.

20

The evidence in this case, with its informants

The fact is they spent a lot

Just shows he is a man with a

As I said in the beginning, those aren't crimes,

21

they are character flaws.

22

looking at the evidence presented in this case, you have to

23

find Mr. Defreitas not guilty of every single one of them.

24

Thank you.

25

THE COURT:

Looking at the crimes charged and

Thank you, Ms. Whalen.


M. BRYMER, RPR, OCR

4758

Whalen - Summation
1

I know the jury must be hungry, everybody else is

probably, too.

break for lunch and probably come back at about a quarter to

three.

Your lunches are here.

We're going to take a

And once again, ladies and gentlemen, I remind you

to keep an open mind, not to form or draw any conclusions

about this case.

yourselves or with anyone else about the case during the

lunch hour.

Remember that you can't talk among

You know you are allowed to use cell phones to

10

call home, check in at work, so on.

11

your phones to talk with anybody about this case or to look

12

at or read or review or listen to anything that might be

13

reported about this case or do any kind of investigation or

14

research connected with this case.

15

either of those two things, read or look at or listen to

16

anything about this case or do any kind of research or

17

investigate this case over any kind of media.

18
19

Remember you can't use

In fact, you can't do

So, we will be with you, as I said, at about quarter


to three.

Enjoy your lunch.

20

(The jury exits the courtroom.)

21

THE COURT:

22

can have a seat.

23

we take a break?

All right.

Ladies and gentlemen, you

Is there anything you want to raise before

24

MR. JONES:

25

MR. NKRUMAH:

No, your Honor.


No, your Honor.
M. BRYMER, RPR, OCR

4759

Whalen - Summation
1
2
3

THE COURT:
charge.

All right.

The marshals can take

We'll resume at a quarter to three.


(Lunch recess.)

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
M. BRYMER, RPR, OCR

SUMMATION - NKRUMAH

4760

A-F-T-E-R-N-O-O-N

THE COURT:

You heard no rumblings back there?

All right.

MS. WHALEN:

No, Your Honor.

I will look, Your Honor.


The Marshals are not up yet with

the defendants.

THE COURT:

MR. KAMDANG:

10
11

I did say 2:45

p.m.

S-E-S-S-I-O-N

THE COURT:

All right.
I hear them now.

You can bring the defendants out,

please.

12

U.S. MARSHAL:

Yes, Your Honor.

13

(Whereupon, the defendants enter the courtroom.)

14

THE COURT:

This is the case on trial continued.

15

The parties are all present.

16

will shortly resume with summations again.

17

summations for -- on behalf of Mr. Kadir.

18

The jury is not present.

We

This is the

Just so that I have an idea, Mr. Nkrumah, more or

19

less when I can give the jury a break before the Government's

20

rebuttal, how long do you think you are going to be, more or

21

less?

22
23
24
25

MR. NKRUMAH:

More or less, Your Honor, about an

hour.
THE COURT:

All right.

And we just did a sound

check on the podium laptop.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

1
2
3

4761

Are you going to go back and forth between the


documents and the computer?
MR. NKRUMAH:

I have a couple of transcripts that I

am going to show on the screen.

THE COURT:

MR. NKRUMAH:

THE COURT:

Okay.
We want to put them on the computer.

Okay.

So you let us know, and I will

have my law clerk control that on the screen for you.

let us know when you need one or the other.

10

MR. NKRUMAH:

11

THE COURT:

12

Yes.

So if everyone is ready, we will go send

for the jury.

13

THE CLERK:

14

(Whereupon, the jury enters the Courtroom at

15

2:55 p.m.)

16

THE COURT:

17
18

All rise.

Everyone may be seated.

Do all of the parties agree that all of the jurors


are present and properly seated?

20

MR. MILLER:

21

MR. NKRUMAH:

Yes, Your Honor.

22

MR. KAMDANG:

Yes, Your Honor.

23

THE COURT:

25

Welcome back

ladies and gentlemen.

19

24

Just

Yes, Your Honor.

We are continuing, ladies and gentlemen,

with the summation by the parties.


On behalf of Mr. Kadir, Mr. Nkrumah will be summing

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4762

up.

You may start when you are ready.

MR. NKRUMAH:

(SUMMATION - MR. NKRUMAH.)

MR. NKRUMAH:

THE COURT:

MR. NKRUMAH:

THE JURY:

MR. NKRUMAH:

Thank you, Your Honor.

May I begin, Your Honor?

Yes, you may.


Good afternoon, ladies and gentlemen.

Good afternoon.
We are living in a dangerous world

10

today.

11

a world -- we are living in a world where people harm people

12

for no reason.

13

I think everyone will agree we are.

9/11 changed the game for us.

We are living in

It changed the game

14

for us as Americans.

15

now experience the terror that other countries have been

16

experiencing for decades.

17

It changed the game in the way that we

I agree with the Government that we, as a country,

18

should do things to protect ourselves.

19

right.

20

convicting an innocent man, it does not make our world any

21

safer.

22

more dangerous.

23

I believe it is their

I believe it is their duty to protect us.

But

As a matter of fact, it just makes it just that much

Mr. Abdul Kadir was never ever part of this

24

conspiracy.

Now, you've heard a lot of testimony.

25

heard a lot of testimony.

You've

The Government even said hundred of

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4763

hours of tapes, recordings, a ton of testimony.

So we are

going to talk about that testimony, me and you.

We're going

to talk about that testimony right about now.

This conspiracy started in 2006.

It is clear that

Mr. Abdul Kadir was not a member of the conspiracy in 2006.

It is clear.

That is not my client.

clear that Mr. Defreitas doesn't know my client, despite what

they say.

10

Now, there was some testimony about Abdul Kabir.


They didn't know my client.

It is

He didn't know my client.


When this conspiracy first started there were

11

certain players and there were certain objectives:

12

JFK, finding Adnan Shukrijumah; that Abdul Kadir wasn't a part

13

of that.

14

this man, Talib Rutherford, was a part of this conspiracy.

15

had nothing to do with Talib Rutherford, never spoke to him,

16

never met with him, nothing.

17
18

Blowing up

Abdul Kadir was not a part of this conspiracy when


He

Donald Nero wasn't a part of the conspiracy, never


spoke to him, never met with him, nothing.

19

Abu Bakr never spoke to him -- never spoke to him.

20

We are going to get back to Abu Bakr.

21

He never wrote him.

22

plot.

He never spoke to him.

He never called him.

Nada about this

23

You had heard a lot of testimony about Abdel Nur.

24

You have heard a lot about the things that Abdel may or may

25

not have wanted to do.

And you have the tapes.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

You can

SUMMATION - NKRUMAH

4764

listen to the tapes.

does sound like what Ms. Whalen said; that he was really

trying to get money.

From what is said about Abdel Nur, it

But that is for you to decide.

But the one thing that I can tell you is you won't

hear a tape.

discussing anything with Abdel Nur.

You will not hear a tape with my client

Adnan Shukrijumah.

The bogeyman.

The bad guy.

And

if what they say about him is true, he is a bad guy, and he is

someone that should be brought to justice.

10

Kadir know him?

11

try to seek him out?

12

No.

But did Abdul

Did he speak with him?

No.

Did he ever

No.

Kareem Ibrahim.

Kareem Ibrahim.

We are going to

13

talk about him too because he pops up somewhere later on.

14

you have the tapes.

15

him.

16

to his home.

17

Defreitas or Steven Francis to Kareem Ibrahim's home.

18

we'll talk about that too.

19

did anything with Kareem Ibrahim but testify that he hadn't

20

spoke with him in almost 25 years until the night Steven

21

Francis and Russell Defreitas were at his home.

22

talk about him again.

23

You have everything.

But

He never spoke with

He never directed Steven Francis and Russell Defreitas


Let me repeat that.

He never directed Russell

He never spoke with him.

And
He never

But we will

That leaves Russell Defreitas and my client.

But

24

there is one person missing, and his picture should be up

25

there huge.

And that is Steven Francis because when you go

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4765

back to the tape, as Ms. Whalen said just a little while ago,

it is Steven Francis that is talking to Abdul Kadir for the

most part and no one else.

Not Talib Rutherford.

Not Shukrijumah.

Not Abdel Nur.

No one but Steven Francis.

They talk to you about conversations that they had

that aren't recorded, conversations that my client joined in

on this conspiracy.

his home.

We are going to talk about the significance of them calling

10

him on his cell phone in a minute, but they call him on his

11

cell phone and they say, "Can we come by?"

Abdul Kadir received a phone call from

He is at home.

12

"Yeah."

13

So they come by.

They call him on his cell phone.

They come by, and they talk.

As

14

the evidence has already pointed out, first thing they talk

15

about is business.

16

they talk about Abdul Kadir building a mosque in Guyana.

17

this isn't the first time they talk about this.

18

remember, Abdul Kadir testified when he first met with

19

Mr. Defreitas.

20

you.

21

employer.

They talk about export and import, and

If you

Mr. Defreitas told him, "I am so happy to meet

I know -- I know someone who knows you.

22

Now,

He is my

He talks so highly of you."


And they also talk about business.

No plots; no

23

JFK; no plan; importing, exporting Guyana's best; and his

24

mosque.

25

their separate ways.

Mr. Kadir gives Mr. Defreitas his car and they go

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4766

Then he meets Mr. Francis the next day.


That conversation is not taped.

Then they

come to his home.

Mr. Francis says he doesn't tape the conversation because he

is scared of Mr. Kadir.

going to say that he was or he wasn't.

think that you do too, but I am not going to say that he was

or he wasn't.

Okay.

And

We weren't there; so I'm not


I have my idea and I

But he doesn't record the conversation.

one of the most important conversations in this whole thing

10

when you talk about Abdul Kadir because he wasn't in any of

11

that -- all of that other stuff that happened before.

12

wasn't a part.

13

matter if they met every week or whatever.

14

of that.

15
16
17

He

No matter if they got it off of the ground, no


He wasn't a part

He didn't meet them.


So this conversation is the conversation that brings

him in.
Steven Francis says that my guy joined the plot.

18

Abdul Kadir says that he doesn't.

19

we don't know who is telling the truth.

20

But that is

There is no recording; so
Or do we?

Steven Francis was charged to report to his handler

21

anytime that he possibly could.

When he was overseas, when he

22

was home, when he was finished dealing with whoever he dealt

23

with he was supposed to report.

24

report, he was also supposed to give pertinent information.

25

Well, Detective Napoli testified that was Steven Francis'

Not only was he supposed to

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4767

handler, and he testified about how Steven Francis was

supposed to give the report and how he gave the report and

when he was safe and everything else.

a full report at one point, he would tell him things later on.

But you know what is missing from this conversation?

And you have the 302s, and anything that I say you

And if he couldn't give

can verify by just going back to the evidence because

everything that I talk about here --

THE COURT:

10
11

There are no 302s in evidence.

MR. NKRUMAH:

Just going back to the testimony

because everything that I say here is about the testimony.

12

Wondering if Mr. Kadir joined this plot or not, that

13

is important.

14

understand that that is an important point.

15

the transcripts, Mr. Napoli will tell you that Steven Francis

16

never told him that.

17

same day.

18

told him that afterward.

19

when he was sitting on that stand right there.

20

It doesn't take a 20-year detective to


When you check

He didn't tell him the day after or the

It was the same day that he reported, and he never


The first time you heard that is

He also told them -- and this right here, this is

21

the most important part.

He also told us -- he didn't tell

22

Napoli anything, but he also told us when he was sitting on

23

that stand that Abdul Kadir told him about downloading Google

24

earth.

25

And it is just not this conversation where that is talked

That is a huge point in all of this, a huge point.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4768

about.

You can look back over of the transcripts and look at

the conversations about Google earth and see how interested or

how uninterested Mr. Kadir was in Google earth.

conversation, this unrecorded conversation, he tells us that

Mr. Kadir tells him to download Google earth.

the tapes.

But at this

It is not in

It is not in Napoli's notes.

MR. MILLER:

Objection.

MR. NKRUMAH:

THE COURT:

It is nowhere.

Sustained.

10

Napoli's notes are not in evidence.

11

MR. NKRUMAH:

Napoli never testified to it.

12

Actually, he said if he would have told me I would have wrote

13

it down because that is important.

14

Blueprints, the same thing.

If he would have told

15

me I would have wrote it down because that is important.

16

They're sitting there watching the videos.

17

showed us a multitude of videos -- still frames, videos,

18

everything.

19

Abdul Kadir didn't see that.

They don't -- they

He testified that he

20

saw one short clip, and the clip was of somebody recording

21

something, shaking up and down.

22

behind a wall.

23

could get a better look at this by going to Google Earth?"

24
25

It looked like some tanks

He asked them, "Why would you do that when you

He admitted to you on the stand that he said this.


But think about the context in which he said it in.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

Think

SUMMATION - NKRUMAH

4769

about the context.

Did he know what they were doing at this

time?

mentioned Google earth to them, he did not know that their

plan was to blow up JFK.

And it is answer is clear.

He did not.

When he

My seven-year-old niece, who loves computers, comes

into a room and says, "Why are you looking at it like that,

Uncle, when you can go to Google Earth?"

we are bringing her in here and charging her for conspiracy,

especially when she doesn't know why I am looking at Google

10

I don't think that

earth.

11

It is no different for Abdul Kadir, even though he

12

found out later on -- later on what he was looking at and why

13

he was looking at it.

14

earth he didn't know what they were planning.

15

evidence.

16

take my word, but I hope that you do.

17

At the time that he mentioned Google

You can look at the transcripts.

It is in

You don't have to

After dealing with this video they still don't talk

18

about the plot.

They walk back into his living room.

19

Remember, they walk out of his living room to go do the video

20

on his little, tiny computer screen, and then they walk back

21

into the living room.

22

something about the plot.

23

was spoken about is anywhere.

24

is not recorded.

25

Francis, out of his mouth, the only place it ever came from.

And Defreitas starts telling him


Again, nothing that Francis says
It is not in any evidence.

It is nowhere.

It

It is just there, from

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4770

During that conversation Mr. Kadir talks about after

learning about their plan he decides to himself, you know

what?

with this, but -- but I don't want to lose this possibility

that has been offered to me about trying to finance my mosque,

a mosque that I have been trying to finance for well over

20 years.

I am not dealing with this.

8
9

I am not going to deal

And we will talk about that too.


Income from possible business expedition that is

sorely needed because my work as a consultant -- even though I

10

am an engineer, the work in Guyana is slow; so it is not

11

bringing in the money that I kind of need.

12

children at home plus my wife.

13
14

And I've got five

So he tells them, "Look, I will get back to you.


Give me some time."

15

Have you ever blown anybody off?

Have you ever told

16

anyone -- anyone who is married or used to be married or has

17

a friend who just likes to talk or acquaintance or a coworker,

18

have you ever told anyone, "Yeah, yeah, yeah."

19

something and you heard it and you knew that you weren't going

20

to do it.

21

the moment that he said it to you that you weren't with that,

22

you weren't going to do it, but you didn't tell them?

23

didn't say anything.

24

going to go on.

25

you never do anything.

They told you

Your husband told you something, and you knew from

You

You just let them think that you were

And you go on and you go on and you go on and


That is what happened here.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

That is

SUMMATION - NKRUMAH

what happened.

That is exactly what happened here.

Oh, yeah.

a lot of garbage.

did anything.

4771

Abdul Kadir admitted to you he told them

He told them a lot of things, but he never

Now, I am not going to try to read it off of memory

the Judge's instructions.

My memory just isn't that good; so

I am going to read to you instructions that you are going to

hear from Judge Irizarry, if not today, tomorrow, about

conspiracy and becoming a member of the conspiracy because it

10

is not just words, as the Government wants to you believe.

It

11

is not just words that make you a member.

12

sit down and talk about a whole lot of things.

13

down and talk about committing every crime in the world.

14

is not just the words that make us guilty; we've got to do

15

something.

Me or you, we can
We can sit
It

We've got to do something.

16

MR. MILLER:

Objection.

17

THE COURT:

18

MR. NKRUMAH:

19

THE COURT:

20

The Court is going to instruct the jury as to the

Sustained.
It has to be an overt act.

Sustained.

21

law of conspiracy, and it is what I instruct you that controls

22

and not what any of the lawyers refer to in the instruction.

23

(The following was heard at sidebar:)

24

(Matter continued on next page.)

25

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

MR. MILLER:

4772

That is a sufficiently inaccurate

description of the law.

understands that.

tomorrow, but it is going to be a long, and Mr. Nkrumah just

inaccurately stated the law.

requirement.

7
8
9
10
11

It has to fixed so the jury

I know Your Honor is going to instruct them

There is no overt act

He can't --

THE COURT:

I will add that to the curative.

is no overt act.
MR. MILLER:
THE COURT:

Okay.
I really prefer that counsel stay away

from stating what the law is.

12

MR. NKRUMAH:

13

THE COURT:

14

And these instructions are not 100 percent

15
16

There

completely final.

Can I read the law in?

No.

That is my job.

The conspiracy part is fairly set.

MR. NKRUMAH:

Your Honor, the conspiracy part is

17

set, and the Government in their opening instruction commented

18

on the law when -- she commented on the law in her opening --

19

in her closing statement -- in the opening closing statement.

20

She commented on the law.

21

that they needed to do is talk about the crime.

She told the jury that -- that all

22

MR. MILLER:

That is not what she said.

23

MR. NKRUMAH:

She commented on the law.

24

commented on the law.

25

MR. MILLER:

She

She didn't say what you said she said.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

MR. NKRUMAH:

Okay.

4773

All I am asking the Court to

do -- if I'm in correct, all I am asking the Court to do is to

allow me to read the Court's jury instruction that the Court

is going to read into the --

THE COURT:

No.

I am not going to allow you to read

the instructions on the law.

That is my job.

You can argue

the law as to what the elements are and what does and does not

constitute conspiracy.

as you have been saying, you know, he never met with these

You can certainly argue the evidence,

10

people.

He didn't do this or didn't do that.

11

this or he didn't say that.

12

He didn't say

But I am not going to allow you to stand there and

13

read, and then to tell and you read from my instructions?

14

Absolutely not.

15

province.

I am not going to permit that.

16

MR. NKRUMAH:

17

THE COURT:

18

That is my

Yes, Your Honor.

And I am not going to let you say that

you are reading from my instruction --

19

MR. NKRUMAH:

20

THE COURT:

Yes, Your Honor.

-- because that is going to lend

21

credence to what you are saying as to what the law is, and

22

that is inappropriate.

23

MR. NKRUMAH:

24

MR. MILLER:

25

Okay.
I will just ask for a curative

instruction.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

MR. NKRUMAH:

I will give it.

(End of sidebar discussion.)

(Matter continued on next page.)

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

4774

SUMMATION - NKRUMAH

THE COURT:

4775

As I mentioned, ladies and gentlemen,

I am going to be instructing you on the law as they relate not

only to the law of conspiracy and what the requirements are,

but also as to the specific charges that are contained in the

indictment and other things, including how to consider the

evidence.

parts that are contained in the indictment that alleges

conspiracy Counts 1 through 5, there is no requirement that an

overt act be committed.

In that regard, with respect to the particular

10

You may continue, Mr. Nkrumah.

11

MR. NKRUMAH:

As I said, you will hear the

12

instruction from the Judge, and when you hear the instruction

13

from the Judge listen carefully to the conspiracy instruction.

14

Listen carefully, and when you hear those instructions, think

15

about Abdul Kadir and what he didn't do.

16

One of the things that we ask you to do is when you

17

walk through those doors and you sit in that chair you use

18

common sense.

19

ask you to leave what you learned in all of your life out the

20

door.

21

You don't actually leave it outside.

We don't

We ask you to use common sense.


So I am going to ask you to use common sense right

22

now, and I am going to talk about what Mr. Kadir did.

23

am going to ask you, does it sounds like someone who really

24

wants something to happen?

25

And I

Other than one conversation, they always contacted

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

Always.

4776

Mr. Kadir.

time the Chicken Far was brought up, except one conversation.

All Mr. Kadir ever did was say, "Uh-huh.

goods.

Uh-huh.

They had always contacted him.

Okay.

And every

That sounds

Okay."

Contacts.

He never said anything about introducing

them to contacts in Venezuela or Iran.

Steven Francis said that is not in the evidence anyplace else.

Not from Abdul Kadir, not from the testimony of Detective

Napoli.

From no one.

10
11

Who did he contact?

Do you know?

Do I know?

Do

they know?

12
13

That is something that

What are the phone records?

Where are the phone

records to the say that he had contacted anybody?

14

Investigator Addonizio testified that they had

15

cooperation from the Trinidadian government, the Guyanese

16

government.

17

No phone records to show that he contacted anybody, just him

18

saying it because he is blowing them off to that point.

19

when I say blowing them off, I am not saying that he didn't

20

want anything to do with them.

He had never said he didn't

21

want anything to do with them.

Quite to the contrary.

22

How difficult are phone records?

How difficult?

And

What he said was that part of their plan I know I

23

didn't want to have anything to do with, but I didn't want to

24

lose them.

25

kids' information.

They had my plans for the mosque.


They had my business.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

They had my

They had offered me

SUMMATION - NKRUMAH

4777

business plans that I thought that I could take advantage of.

So I didn't want to cut them off totally.

them for what I could use them for.

crime?

5
6

I wanted to use

Selfish?

Maybe.

No.
Abu Bakr.

Let's talk about him for a minute.

said we'd get back to him.

Abu Bakr.

He gave, according to the Government, a

whole lot information about Abu Bakr, how you approach him,

how you should deal with him, what you should and shouldn't

10

do, who should say what and who should say anything.

11

Government says he had knew Abu Bakr.

12

Abu Bakr was supposed to be someone that he was close to.

13

The

The Government says

If he wanted this to happen -- think about it.

Just

14

think about it for one second.

15

and Abu Bakr was someone that these people wanted to see, and

16

this is someone that he is close to, why not a phone call?

17

Why not a letter?

18

indication that he sent them?

19

talk.

20

If he wanted this to happen,

Why not something to give Abu Bakr that


Nothing.

Nothing but a lot of

Nothing but a lot of talk.


Let's think about the assistance that he gave in

21

Trinidad, the so-called assistance.

22

Mr. Defreitas and Mr. Francis, and it is not at Kareem

23

Ibrahim's house.

24

know that from the testimony of Steven Francis.

25

through the tapes of Russell Defreitas.

And we know that.

He sets up boarding for

How do we know that?

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

We

We know that

SUMMATION - NKRUMAH

4778

He sets up boarding, and he tells you why.

as a Muslim that is part of his duties.

to go to anybody's house.

set them up somewhere.

Ibrahim.

Because

He didn't tell them

He told them to go to a mosque.

He

He never ever mentioned Kareem

And when we were talking about who Abu Bakr was

speaking to, it was his students that live in Trinidad.

wanted to help Steven Francis and Russell Defreitas, if he was

interested in Steven Francis and Russell Defreitas meeting

10

Abu Bakr, why not have the students do it?

11

the students can make this introduction?

12

According to the Government, something came up.

13

Mr. Kadir, he was never going.

14

If he

Why not make it so


He can't come.
According to

So since he is not going and he wants this to happen

15

so bad, why not set it up?

16

happen and I am supposed to do it and I can't, I am making

17

arrangements.

18

is making arrangements.

19
20

I know if I want something to

I know you are making arrangements.

You have transcripts.

You can look through each and

every page to find the arrangements he made.

21

Boarding?

He got them a place to stay.

22

talking about a mosque.

23

plan?

24

not assisting them with anything.

25

Somebody

It is not.

And he was

How is that assisting them in their

It is fluff.

Okay?

It is fluff.

He is

How is it we know that he never talked to -- despite

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4779

what is on, again -- a lot of talk on those recordings.

Despite what he told Steven Francis he would do, he never

spoke to his people.

you speak to your people?

How do we know that?

And I come to you.

What happens when

If I am supposed to do something

for you, I am not going to ask you when are we going to do

this?

Trinidad two days, could not find Abdul -- excuse me.

Nur for two days.

10

When are we going to go see Abu Bakr?

They were in
Abdel

Did anybody associated with Abdul Kadir come to them

11

and say, "Look.

12

Kadir said that we need to take you because he set this up"?

13

Through the evidence, this is just common sense.

14

do it, somebody else needed to do it if I wanted to work.

15

I know you can't find Abdel Nur, but Brother

If I can't

They talk about the conversation in which he says he

16

knows Abu Bakr.

He knows him well.

17

he calls him.

18

he calls upon me.

When he goes to Trinidad

When he comes back -- when he comes to Guyana


He calls.

19

Did he say a word?

20

Oh, I forgot.

He is too slick for that.

He -- he is not like Russell Defreitas.

He is too

21

slick.

He is not

22

like Steven Francis.

23

hiding by meeting Russell Defreitas and Steven Francis in

24

public places, but he is hiding.

25

Steven Francis and Russell Defreitas not a dummy cell number,

He is worldly; so he is hiding.

He is

He is hiding by giving

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4780

not a throwaway cell, not a phony number, a number to somebody

else -- he is hiding by giving him his cell number and his

phone number, his house number.

hiding, and he doesn't want his identity to be known.

But he is hiding.

He is

But when they had call him about this trip to

Trinidad, when they talk to him about this trip to Trinidad --

I will let you read it off the transcript.

8
9

I am reading it from Government Exhibit 219.


is on Government Exhibit 219.

10

Government Exhibit 219T.

11

evidence.

12
13

This

I am reading this off of

Government Exhibit 219 is in

MR. KADIR says:

"You haven't fixed the flight

times as yet."

14

MR. FRANCIS says:

"No.

Actually, I am

15

supposed to get a phone call from the -- from the

16

airline -- the lady that is dealing with the

17

airline.

18

information, but, um, I would like to know -- um,

19

she -- if you are going.

20

MR. Defreitas says:

21

Um, uh-huh.

She wants, uh, our

"What name?"

Why would he ask him, "What name?"

Again, we don't

22

have to be law enforcement to figure this one out.

23

him what name because he is trying to get him to use an alias.

24

He is hiding.

25

Remember?

"What name?"

MR. KADIR says:

He asks

Mr. Defreitas says.

"Under what name would you

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4781

like us to book the flight for -- from Guyana to

Trinidad, if you are coming?

"Abdul Kadir."

A-b-d-u-l, same name as on the calling cards.

But he is not like them because he is hiding.

He is

just a sophisticated super spy from 1982, but he is hiding; so

he is not giving up his real name.

8
9

He wasn't hiding.

He didn't have anything to hide

about because this part of their plan he didn't want nothing

10

to do with.

But did he tell him?

11

Now, He didn't use my words.

12

that.

No.

And he told you why.

He said, "I am going to sidestep

I am not going to deal with that."

13

He didn't say any of that.

What he said was, "I

14

don't want to lose the possibility," and that is not a crime.

15

Again, that trip to Trinidad, he backed out the day

16

they were supposed to go.

17

me back up.

18

Oh, wait a second.

I forgot.

Francis is at his home for ten days.


His son's home.

19

Not his home.

20

Excuse me.

21

Kadir sit and talk with Steven Francis?

22

I want this to work.

23

on my own with no one knowing to make this work.

24

to one of the two architects of this thing two times.

25

second time I talked to him, I ain't going.

He is at his home.

Ten days.

Okay.

Let

Okay.

Eleven days.

How many times does Abdul


Two.

I need this to work.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

Eleven days.

I am going to Iran
But I talked
And the

I am not going.

SUMMATION - NKRUMAH

I didn't make any alternate plans.

you to see Abu Bakr.

it easy on you.

people.

4782

I am not hooking up for

I didn't clear the path.

Nothing.

Yeah, yeah, yeah.

I didn't make
I told my

I told my people nothing, but I want this to work.

Does that make sense to you?

sense.

We are talking common sense.

you?

to work, I am pushing to make it work.

We are talking people

Does that make sense to

Because it don't make sense to me.

If I want something

We can go over all of that, and then we go through

10

all of the conversation, and I am not going to go through all

11

of the conversations with you because you have them in

12

evidence.

13

word.

14

the conversations go like that.

15

they are going to do.

16

can work with that.

17

You can look at them.

You don't have to take my

But we go through all of the conversation, and all of


Steven Francis saying what

Abdul Kadir, okay.

Uh-huh.

Yeah.

Uh-huh.

Good.

Uh-huh.

Never let me tell you how to do this.

You don't

18

have to get there.

19

want this to work, and you asked me how to make this better

20

and I tell you nothing.

21

you information on your cell phone.

22

don't send nothing, but I want this to work.

23

We

Even when asked -- even when asked but I

I tell you that I am going to send


Do I send it?

No.

You call me and tell me that you got Google earth.

24

You found it.

25

That's good.

And I am, like, oh, you found Google earth?


But that is all that I say.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

I don't tell you

SUMMATION - NKRUMAH

anything else.

4783

I want this to work.

All of the conversations about Google earth go the

same way.

because they all go the same way.

information.

gets technical.

information.

plan to really kick off?

stolen satellite plans from secured JFK safes.

10
11

I don't have to go through them verbatim verbatim


They ask him to provide

Remember, he is an engineer.

He is the one who

Defreitas can't give him technical

Francis certainly can't.

And they want this

This is Google earth.

secret Government documents.

This isn't
This isn't

This is Google earth.

You mean to tell me people in Iran don't have Google

12

earth; that they needed Abdul Kadir to come from Guyana to

13

show them Google earth?

14

bogeyman comes from.

15

with America are bad.

16

Their relations are friendly.

17

This is Iran, the country that the

This is Iran, who we had know relations


But with Guyana, a different story.

Do they need Abdul Kadir to come from Guyana to show

18

him Google earth?

What is he going to tell them when he shows

19

them Google earth?

They don't need Abdul Kadir for than, and

20

Abdul Kadir wasn't going to Iran for that.

21

going to Iran for the same reasons that he went to Iran twice

22

before, for a commemoration.

23

I want this to work.

Abdul Kadir was

And I am going to Iran, but

24

I don't tell you nothing.

We are partners, me and you,

25

because remember, I am not the brains of this.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

I am not the

SUMMATION - NKRUMAH

one who can make this plan kick off.

intimate knowledge about JFK.

this intimate knowledge about JFK.

I can tell you.

4784
I don't have this

I never even -- I don't have


So there is nothing that

It is Russell Defreitas who has intimate knowledge.

But I am going to Iran, but it is not for spreading the plan.

I am going to Iran, and I don't tell you that I am going to

Iran.

going to Trinidad.

I am going to Trinidad, and don't tell you that I am


I don't tell you nothing.

10

advancing your plot?

11

the people, or anyone else?

12

How am I

He wasn't.

How am I helping you secure the moneys,


How am I helping you?

I am not.

He was going to Iran to celebrate the

13

death of one of his religious leaders.

14

testimony about Ayatollah Khomeini, who he was and what he was

15

and the fatwa against Salmon Rushdie and everything else.

16

That is another bogeyman.

17
18

Here.

Guyana, but worldwide.


Ayatollah Khomeini is a religious leader, someone

20

they celebrate yearly.

21

this.

23

That is another bogeyman.

But to cheer one group worldwide -- not just in

19

22

You heard a lot of

He has been there twice already for

He is going again.
How do we know he is going again?

Because

Government Exhibit 162 tells you that he is going again.

24

(Document put up on the screen.)

25

MR. NKRUMAH:

"Distinguished hosts and fellow

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

SUMMATION - NKRUMAH

4785

guests:

I thank you for inviting me to the home of

Iman Rula al Musabe, al Khomeini, as a humble guest

in the presence of the distinguished host.

paid my respect of us and the greatest Mudahjin of

our time."

Those are the notes for a speech that he was going

to give when he was in Iran.

You can read the rest.

going to read the entire note to you.

Look for Jihad, JFK, or anything else.

It is not there.

least, that is not what he was going to Iran for.

11

what he was going to Iran for.


Okay.

I am not

You can read the rest.

10

12

I first

He is going to Iran.

At

It is not

What does he have?

13

What does he have on him that he is going to Iran to show this

14

plot, to sell this plot?

15

had all done on it, but I am not telling you what I am doing.

16

I am the Lone Ranger now, and I am doing this on my own.

17

stealing this, or I am going to do this and I am going to

18

surprise you.

19
20

Mind you, this is the plot that we

I am

I don't have anything.

Investigator Addonizio testified no blueprints, no


map, no details, no nothing.

21

Okay.

Before I forget, there was something.

22

(Pictures put up on the screen.)

23

He had that and he had that and he had that and he

24

had that picture and this picture of his daughter.

25

one of his daughters.

That is his son.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

This is

This is his daughter

SUMMATION - NKRUMAH

again.

These pictures.

Another daughter.

4786

Two daughters.

His daughter again.

Let me put the bogeyman picture up there.

This

picture.

This bogeyman picture is the picture that they were

taking at -- that he was taking to Iran, according to the

Government, to prove to them that he was down with their

program.

Government.

no evidence that he gave Government secrets when he was in

This is the spy.

Remember?

From '82 who got into

Curiously, when he got into Government there is

10

Government.

11

a newspaper and sending it to a religious leader of his.

12

He is spying in '82 by taking information out of

There is no Embassies in Guyana for Iran, and the

13

nearest one is in Venezuela, and he testified to you about all

14

of that, and so did Dr. Levin.

15

about Iran.

16

leaders may be religious, but that is not a requirement.

17

Iran it is different.

18

Remember what Dr. Levin said

It is not quite like America.

He said our
In

He sent in information -- and you have the letters.

19

You can read the letters.

20

poverty.

21

not eating, how the morale is low, how there is not enough

22

food, flour, rice.

23

things are bad here, but he is fine.

24
25

He is sending in information about

He is sending in information about how people are

He is telling his spiritual leader that

But none of that is fine that took place when he was


in Government.

Why not spy when I am the mayor.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

I can get my

SUMMATION - NKRUMAH

1
2
3
4

hands on -- I can really Abe spy now.


Check the documents.
the documents.

Nothing.

4787
Nothing.

You would have them.

But he is spying.

(Matter continued on the next page.)

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

Check

Summation - Nkrumah

MR. NKRUMAH:

(Cont'd.)

4788

He's a confidential

informant who got nothing.

for money for a mosque.

them to pay for a computer for their intercepts, but he's

spying.

He's been begging Iran for years

He had to write them a letter for

Abdul Kadir told you about these pictures and he

told you in Iran he could never show these pictures.

never ever show these pictures.

clothed properly.

Why is that?

In Islam that's a no-no.

He could

He's not

But even more

10

importantly, ladies and gentlemen, it's not how he's dressed,

11

it's how his daughter is not dressed.

12

ladies and gentlemen, even though she's covered from head --

13

almost from head to tow, because her face is showing she's not

14

dressed.

In Iran that's blasphemy, in Iran --

15

MR. MILLER:

16

THE COURT:

17

She's not dressed,

Objection.
Sustained.

Again, it's the jury's

recollection of the evidence that controls.

18

MR. NKRUMAH:

In Iran he could never ever show those

19

pictures.

20

that respected Shia Muslim leader in Guyana.

21

He wouldn't be an Imam any longer.

He wouldn't be

Let's talk about that for just half a second.

He

22

teaches Islam in Georgetown Squares.

He's in government as a

23

Muslim.

24

that boogeyman thing out because he wasn't spying for anybody.

25

He's in government where he has the best opportunity.

We already know you're not spying.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Let's just throw

He's in

Summation - Nkrumah

4789

Parliament for five years.

Does he spy?

He helps poor

people.

their communities, Lindendale.

years as a parliamentarian.

Trinidad or anyplace else that he's militant, that he's

teaching violence, nothing.

He sets up celebrations so people can be proud of

He serves his country for five

There are no reports from Guyana,

Don't everybody think of Iran the way that America

does and it's okay, it ain't a crime.

like them don't mean the rest of the word has to follow suit.

10

Just cause we don't

He's going to Iran while they're at Kareem Ibrahim's house.

11

Let me back up, because I'm back to I want this

12

thing to work so bad, I want to be a part of this so bad that

13

I'm going to risk everything to make this happen but you go to

14

Trinidad but I don't tell you to call me and tell me what's

15

going on.

16

matter of fact, I try to talk you out of it.

17

I don't ask you to contact me not one time.

As a

You might not remember that but Ms. Whalen just

18

played it for you just a little while ago before you all went

19

to lunch, the conversation that Steven Francis and Russell

20

Defreitas had where Russell Defreitas told him the sheikh in

21

Guyana.

22

Donald Nero been gone, boof (ph), kicked to the curb.

23

he's not talking about Neville Rutherford because he been gone

24

too.

25

Guyana.

We know he wasn't talking about Donald Nero because


We know

So, who is he talking about, who is the sheikh in


Abdul Kadir told me this was a bad idea, he tried to

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Nkrumah

4790

tell us don't go.

But I want this to work, this is my common

sense, if I tell them not to do it they'll do it and it will

work.

Yeah, okay.

That's how I get this to work.

That's my master plan.

Abdul Kadir goes to Iran, he has nothing, no

blueprints, no plans, he has nothing.

what is he showing, what does he have, what is he doing.

it make any sense to you, because it doesn't to me, unless I'm

telling them what they want to hear so I can get what I want

10

What is he selling,
Does

from them.

11

The government asked you who does that, who does

12

that, who deals with bad people.

13

bad people.

14

always bad when we got what we wanted.

15

deal with bad people every day, every single day.

16

mean they prescribe to everything that bad person does.

17

right, is it wrong, we don't know, but we do know dealing with

18

bad people is not a crime.

19

Our government deals with

Saddam Hussein wasn't always bad, Noriega wasn't


People in regular life
It doesn't
Is it

They want to talk to you about that all these

20

connections in Iran, Mohsen Rabbani, you heard that name, it

21

came up, it came up, it came up, another boogeyman, Mohsen

22

Rabbani.

23

committing a crime, not convicted, he's convicted of nothing,

24

they arrested him and let him go.

25

say for whatever reason they let him go.

Accused, let me say that again, accused of

For whatever reason, they

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Accused of a crime.

Summation - Nkrumah

4791

You'll have that evidence in the back with you.

able to read letter from letter.

it was sent because Abdul Kadir didn't even write it and that

letter was thanking Mohsen Rabbani for his work with the

students.

you to read it.

Muslims in Guyana need help, boogeyman.

8
9

You'll be

One, we don't even know if

Read it, just don't take my word for it, I'm asking
The other letter he's asking for help, us

They show you that he has Mohsen Rabbani's phone


number in a phone book that dates back to 1984.

And when he

10

was asked why he had the phone number, he says I never talked

11

to Mohsen Rabbani, I've never met Mohsen Rabbani but the

12

number that I have belongs to his office because he was the

13

one that we dealt with when my children were educated in Iran,

14

not just his children, children from England, Spain, all over

15

the world.

16

You heard Ms. Kadir, you heard Baiyna Kadir, Abdul

17

Kadir's daughter, when she took the stand, the boogeyman

18

pictures, something that the family always did, devoted loving

19

father, played with his children.

20

unless you get cable which he never bought, they entertained

21

themselves, maybe not the way you and I would but that's not a

22

crime and there's no indication that he had any intent to

23

commit a crime because he was playing with his kids.

24
25

Two channels in Guyana,

You heard Baiyna testify.


school in Iran.

She says she went to

Her sister went to school in Iran.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Her

Summation - Nkrumah

4792

brothers went to school in Iran.

be terrorists, they didn't go there because they wanted to do

jihad on the west.

religiously as Shia Muslims and the major center, the major

center for Shia Islam, the only Shia Islamic state, Iran.

not going to send my kids if I'm Shia Muslim to the Vatican if

I want them to learn Shia Muslim, Shia Islam, I'm going to

send them to Iran.

And they didn't go there to

They went there to improve who they are

I'm

Being a Shia Muslim was part and parcel of Abdul

10

Kadir's life.

He lived his life around Islam.

That's not a

11

crime.

12

to be sympathetic to people who may not like us, it's not a

13

crime, no indication of a crime, and surely isn't any

14

indication that he wanted to commit a crime.

It's not a crime to be Muslim, not a crime to hate --

15

The other boogeyman, Hezbollah, that's the other

16

boogeyman.

17

Hezbollah, if he likes Hezbollah he got to like the whole

18

thing.

19

dislike what they do on that other table, he can't do that.

20

That's impossible, according to them.

21

like that, they don't disassociate bits and pieces, they take

22

it in the whole.

23

to disassociate bad from good.

24
25

Now, they want to tell you that he can like

He can't appreciate what Hezbollah does for people and

People just don't act

Do you take it in the whole.

Are you able

How about that friend you know that he went to


prison, how about that friend that you might know who's

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Nkrumah

4793

committing a crime, do you turn your back on your friend,

because you disagree with the fact that he's out there

crimeing (sic), do you turn your back on your relative when

you know they're out there doing wrong, or do you disassociate

yourself with the wrong that they're doing and deal with other

aspects of their lives.

can't he do that.

8
9

Isn't that how it works.

Common sense.

Forget all this boogeyman stuff.


common sense.

So, why

Let's just use

Let's just think about if I want this to work

10

what would I do, how would I act.

11

I not talk to nobody, will I not try to seek out details, will

12

I not try to find out everything I can find out or will I not

13

try to improve this plan because I'm the engine here, I'm the

14

brains.

15

off the ground.

16

Would I act like him, would

Would I not try to improve this plan so we can get it

There's places in the transcript that Steven Francis

17

and Russell Defreitas readily admit, this is before anyone

18

knew they were being recorded, that Abdul Kadir was not a part

19

of this.

20

house, they told Kareem.

21

When did they do that?

When they were at Kareem's

Now, Mr. Francis when he was on the stand he tried

22

to explain to you what Russell Defreitas meant when he said

23

that.

24

but he was going to explain to you why he said that.

25

never talked about it, never said a word but ready to explain

Mind you, he didn't even know he was going to say that

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

They

Summation - Nkrumah

4794

to you why Mr. Defreitas would tell Mr. Ibrahim that my client

wasn't a part of of this.

wasn't a part of this and they knew it.

He didn't need any explanation, he

Now, did they know it?

Abdul Kadir tells them give

me two weeks.

Do they wait two weeks?

They go right back to

Wahab, can you get us in touch with Osama.

looking for the highest bidder now, they're not going to wait

two weeks for Kadir, they just automatically go back to Wahab,

give me Osama.

Now, I guess they

10

Why would you do that if you thought I was down.

11

Why would you do that if you thought I was a part of this.

12

Common sense, that's all, that's all we're asking, common

13

sense, just think this through.

14

boogeyman stuff.

15

going to Iran.

16

out what Hezbollah is about.

17

Kadir did and did not do and let's tell from there.

18

Let's put out all the

Let's put out those pictures.

Let's put out

Let's put out what Iran is about and let's put


Let's just deal with what Abdul

There's testimony in there about a bullet found

19

during the search of Abdul Kadir's home.

20

I'm running ahead to June.

21

they search his house not once like Steven -- excuse me,

22

Investigator Addonizio testified to but twice, and the first

23

time they searched his home they don't find guns.

24

MR. MILLER:

25

THE COURT:

Now, I'm going --

Kadir is locked up in Trinidad,

Objection.
Sustained.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Nkrumah

MR. NKRUMAH:

4795

There's no mention of a bullet being

found during that search.

It's found on the second search.

And is that bullet tested.

bullet tested.

Was that bullet connected to anything here.

part of this plan; no, it wasn't.

Where is that bullet.

Is that

Was there a weapon to connect that bullet to.


Was that bullet a

Ms. Whalen talked a little about Steven Francis and

she told you a little about who he was and who she might have

thought from the testimony that he gave, she told you about

10

him crying when he talked about doing those eight years in

11

prison.

12

what happens here.

13

someplace you want to go to, not someplace you want your

14

children to go to, ugly, ugly place.

15

snitches.

Let me tell you why Steven Francis has an interest in


Prison is an ugly, ugly place.

16

MR. MILLER:

17

THE COURT:

It's not

It's really ugly for

Objection, Judge.
Sustained.

Again, it's not in evidence.

18

The jury is to disregard any statements about items that are

19

not in evidence.

20

MR. NKRUMAH:

We know what happens to people when

21

they go to prison and they've told things that they weren't

22

supposed to tell.

23

MR. MILLER:

24

THE COURT:

25

Objection, Judge.
Sustained.

That remark is stricken.

Again, there's been no evidence to that effect.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

The jury is

Summation - Nkrumah

4796

not to speculate as to any items that are not in evidence.

MR. NKRUMAH:

Prison is an ugly place.

Why else does he have interest in this.

He has a

family, a new family, a new wife, a new child.

prison or more, life, that's all gone.

Yeah, I got an interest in this because I don't want to lose

my wife, I don't want to lose my family, I don't want to lose

my home.

there and do your best, results only, the only thing that

10

25 years in

That's all gone.

Remember the plea agreement, it doesn't say go out

matters results only.

11

Steven Francis has an interest in this, Steven

12

Francis has a vested interest, despite what they tell you,

13

despite what they tell you.

14

an interest.

15

he's looking at a boatload of time and how does he get it cut,

16

he cooperates.

17

cooperate and give up people, he tells the judge I'm never

18

doing this again; judge, I've changed my ways, I'm not doing

19

it again.

20

Common sense tells us that he got

He's arrested, he's prosecuted in federal court,

Not only does he cooperate, not only does he

That lasted maybe all of nine months, maybe, because

21

we don't even know when he started.

He gets busted again, not

22

five keys of coke, 40 plus.

23

in our communities, what type of devastation does that do to

24

our communities.

25

again, he cooperates, he gives up anybody he can and then he

What type of devastation is that

He gets busted again.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

What does he do

Summation - Nkrumah

4797

signs on the dotted line and says I will do whatever I can to

help myself.

can to help myself and I don't care who has to go to prison

because I don't want to.

not romanticize him, let's not do that, let's see him for who

he really is.

looking out for self right now.

8
9

That's who Steven Francis is, I'll do whatever I

That's who Steven Francis is.

Let's

He's looking out for self back then, he's

I know I keep jumping back and forth, I'm sorry for


taking you all like that but this is common sense and

10

sometimes when you think about these things you don't think

11

about it in order, it pops -- one thought pops in your mind,

12

the next thought pops in your mind but this is common sense

13

and I want this to work so I'm going to do everything I can

14

but there's no evidence that Kadir did anything but talk a lot

15

of game.

16

I'm taking you back to May 19th when Abdul Kadir

17

told him that he wasn't going to Trinidad, you all should

18

leave Abu Bakr alone, May 19th.

19

recorded on May 19th.

20

Steven Francis showed Abdul Kadir the map.

21

that recorded.

22

at that time.

23

days now.

24

so.

25

Defreitas to get there, remember Russell Defreitas didn't stay

You got a lot of conversation

What you don't have recorded is when

Why is that not recorded?

You don't have


Was he still scared

He had been in his son's house for about ten

Was he still scared at that time.

Why it's not recorded.

I don't think

He knew -- he waited for Russell

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Nkrumah

4798

out there, Russell Defreitas was in Georgetown.

for Defreitas to get there to show the map.

was scared.

recorded.

Kadir again not recorded.

recorded.

is that not recorded; because he's scared, I don't think so.

8
9

Why is that not recorded.

So, he waited

I don't think he

Why is that not

The second most important incident concerning Abdul


Is this coincidence.

Why is it not

All the rest of the conversation is recorded so why

Common sense, what's his motive, what's his reason,


why is he doing this.

Let's take out right now that he's

10

doing it for the money.

He didn't ask for any money.

There's

11

no testimony that he asked for any money for this mosque from

12

this plan.

13

ever testified when you sell this, give me a piece; when you

14

sell this, build my mosque.

15

equation, let's just take it out.

16

So, why did he do this.

He didn't -- he never ever said to them and no one

So, let's take that out of the

According to the

17

government, because he disagreed with the ways of the west.

18

He may disagree with the ways of the west but that ain't a

19

reason.

20

his grandchildren that live here.

21

and his children reside here, his family lives here.

22

think that's it either.

23

Why that's not a reason, his children that live here,

So, why did he do this.

He disagrees with the west


I don't

Nothing in anything that

24

they introduced to you other than a couple of chants that are

25

chanting in Iran and in probably other places about not liking

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Summation - Nkrumah

4799

America but that's not evidence because if that's the case, we

got a lot of people living right here in America that write

bad things about America.

because that's not evidence, that's just boogeyman stuff, that

ain't evidence.

Why they not before you on trial,

More importantly, when speaking to Russell Defreitas

and Steven Francis and you have the -- I keep saying this but

it's so true, you got the testimony, the testimony belongs to

you, you could look at any part you want, you can read back

10

anything you want; he never, ever, never, ever talks about

11

hating America so much that he wants to harm it.

12

out.

13

Check it

You don't have to believe me but I hope that you do.


We already said he wasn't no spy.

We already went

14

through that boogeyman stuff.

15

fact that he behaved differently.

16

that, I'm not going to repeat that, just to say he didn't

17

hide, he didn't hide from anybody.

18

We already went through the


We already went through

They want to make a big deal about him telling them

19

not to carry that stuff with you because you gonna' get in

20

trouble if they find it, you'll have to explain yourself and

21

that's an ugly scene right there trying to explain why you're

22

carrying that stuff and they're going to tell you that he did

23

that because he was trying to protect himself.

24

trying to protect them because he had nothing to do with that

25

but they did.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

No, he was

Summation - Nkrumah

4800

They're going to tell you that he told Steven

Francis that he can pull it down from the Internet.

Steven Francis already knew that because he did that without

Kadir telling him to do it.

in the evidence.

Kadir about Google Earth, Abdul Kadir gave him nothing but

words and those words didn't help him produce a map or

anything else.

But

We know that's true because it's

No matter how many times he asked Abdul

They're in Trinidad and he speaks to them and --

10

excuse me, they're in Trinidad and they're talking to Kareem

11

Ibrahim and they tell Kareem Ibrahim he's not down.

12

Steven Francis had his own take but Mr. Defreitas made it

13

clear.

14

(Continued on next page.)

15
16
17
18
19
20
21
22
23
24
25

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Again,

4801

NKRUMAH - SUMMATION
15:24:13

MR. NKRUMAH:

I'll read to you what's been marked

into evidence as Government's Exhibit 224 and I'm reading

from Government's Exhibit 224 T, the transcript.

Mr. Defreitas says:

they?

But we realized that Guyana is 40 years behind, okay, and

nobody, not Kadir, not anybody else in Guyana could handle

this.

We took to Guyana.

They ain't -- who's

When Kareem Ibrahim -- the "they" is Kadir.

Uh-huh.

That's Russell Defreitas talking to Kareem Ibrahim

10

about Abdul Kadir and his nonparticipation, about what he

11

cannot and has not done for them.

12

take you back and forth and jump you from one spot to the

13

other.

14

thinking and I'm just putting myself in this spot and I'm

15

saying it myself if I want this to work and I'm an engineer

16

and I'm giving up good engineering tips, I don't care how

17

much training, how can I tell what the composition of tanks

18

are that I've never worked on?

19

they're made of?

20

engineering advice.

21

single tank when I've never worked on it?

22

from looking at a Google Earth map?

23

Again, I don't mean to

I really, really don't mean that, but I'm just

How can I tell you what

I'm an engineer and I'm giving you good


How can I tell if it is a double tank or

These maps aren't that detailed.

24

Take it in the back, look at it.

25

those tanks are made of.

How can I tell

You have the map.

Come back and tell me what

Take it to your friend --.


M. BRYMER, RPR, OCR

4802

NKRUMAH - SUMMATION
1

MR. MILLER:

THE COURT:

Objection.
Sustained.

The jury is to deliberate

among themselves and to consider the evidence that has been

presented.

tomorrow as to what evidence you may consider, what's not

evidence and the instruction as to the principle of the law

that you are to consider the facts as you find them.

Remember, you are the sole judges of the facts in this case.

I will be giving instructions to the jury

It is not the recollection of the evidence of the

10

attorneys or even of the Court that controls.

11

recollection and your recollection alone.

12
13

It is your

Counsel shall refrain from expressing any personal


belief here.

14

MR. NKRUMAH:

15

has been a long hour.

Yes, your Honor.

One last thing.

It

One last thing --.

16

THE COURT:

Hour and a half.

17

MR. NKRUMAH:

18

I almost forgot to talk about the bank account.

Thank you.

Thank you.
If

19

I'm dealing with someone who is dealing with people who are

20

willing to give me money to do something like that, I want to

21

make sure that if they're giving me any of that money that

22

those people who gave the money, they know what's happening

23

with that money.

24

coming into my bank account.

25

THE COURT:

I don't want them to think that it is

Counsel, are you becoming a witness


M. BRYMER, RPR, OCR

4803

NKRUMAH - SUMMATION
1

here, or are you referring to what Mr. Kadir was stating?

MR. NKRUMAH:

THE COURT:

here.

Excuse me, your Honor.

Because you cannot become a witness

The remark is stricken.

MR. NKRUMAH:

Mr. Kadir did not want to come into

his account without them knowing exactly what was going on.

And when they was asking about it he explained it to you, he

said I wanted the sponsors to know they were putting the

money in my account, that they knew where the money was going

10

and for what.

11

nothing logical about that.

12

that.

13

wasn't taking their money.

14

Francis.

15

In his mind, not to terrify his mosque and


There's nothing shady about

He wanted to make sure these people understood that he


And that's what he said to Steven

We live in a dangerous world, but convicting an

16

innocent man doesn't make this world any safer.

Abdul Kadir

17

at no time ever had the intent to join this conspiracy.

18

Abdul Kadir at no time, never assisted Steven Francis or

19

Russell Defreitas in advancing the objectives of this

20

conspiracy.

21

Abdul Kadir is not guilty.

22

Thank you.

23

THE COURT:

24

All right, ladies and gentlemen, we have one more

25

Thank you, Mr. Nkrumah.

step left for today and I would like to get through the
M. BRYMER, RPR, OCR

4804
1

summations today.

give you the instruction on the law, but I'm going to give

you all about a 15-minute break before we get started with

the rebuttal summation by the government.

So, tomorrow morning first thing I can

Remember, like I told you earlier today, you must

not form or draw any conclusions about this case, about what

you have seen or heard in the courtroom, the evidence in this

case.

about this case.

You cannot talk among yourselves or with anyone else


You may not look at, read, consider, hear

10

anything that might be connected with this case, reported

11

about this case or do any kind of investigation or research

12

connected with this case or any kind of media.

13

during this brief break you can't use your cell phones for

14

any reason.

15
16

Remember that

About 15 minutes or so by the courtroom clock, about


a quarter to five.

17

Thank you.

18

(The jury exits the courtroom.)

19

THE COURT:

Jury is no longer present.

20

take a break until a quarter to five.

21

charge.

Parties can

Marshals can take

22

(Recess taken.)

23

(Continued on the following page.)

24
25
M. BRYMER, RPR, OCR

REBUTTAL SUMMATION - MILLER

(Rebuttal Summations by Mr. Miller.)

THE COURT:

Mr. Miller, you got all of your technical stuff

Please have a seat.

ready?

5
6

MR. MILLER:

Ms. Ahmad has all of the technical

stuff.

I will try not to be talking too fast.

THE COURT:

MR. MILLER:

Yes, please.

Not too fast.

I don't know if it's going to work.)

10

THE COURT:

11

(Whereupon, the defendants enter the courtroom.)

12

THE COURT:

13

Be kind to the reporter.

Is there anything else before I send for

the jury?

14

MR. MILLER:

Nothing from the Government.

15

MR. KAMDANG:

Nothing from the defendant.

16

MR. NKRUMAH:

Nothing from the defendant, Your

17

Honor.

18

THE CLERK:

19

(Jury enters the Courtroom at 4:50 P.M.)

20

THE COURT:

21

You may all be seated, please.

22

Do all of the parties agree that the jurors are

23

4805

Please rise.

Welcome back, ladies and gentlemen.

present and properly seated?

24

MR. MILLER:

25

MR. NKRUMAH:

Yes, Your Honor.


Yes, Your Honor.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

MR. KAMDANG:

THE COURT:

4806

Yes, Your Honor.

All right.

Ladies and gentlemen, at

this point you will hear a rebuttal summation on behalf of the

Government by Mr. Miller.

You may proceed, Mr. Miller.

(Rebuttal Summation - Mr. Miller.)

MR. MILLER:

Good afternoon.

THE JURY:

10

Thank you, Your Honor.

MR. MILLER:

Good afternoon.
Members of the jury, the two defendants

11

in this case were caught red handed, captured on tape

12

committing the very crimes charged in the indictment, engaging

13

in it is conspiracy, agreeing to attack JFK airport, and

14

conducting surveillance at JFK airport in person and over of

15

the Internet.

16

You heard the defendants commit the very crimes

17

charged.

18

recordings that are in evidence.

19

the defendants' guilt was established beyond a reasonable

20

doubt by the tape-recorded words that came out of their own

21

words.

22

You heard them do it in their own words on the


This is the rare case where

So What did the defendant do?

What do they do when

23

they're caught red-handed?

The same thing kids do when they

24

are caught with their hands in the cookie jar and crumbs on

25

their lips.

They can't argue their hands aren't in the cookie

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4807

jar.

is left?

wild excuses that stand -- that don't stand up to common

sense.

They can't argue they didn't eat the cookies.

So what

Argument about things that are not in evidence and

Okay.

I did it, but I didn't mean to do it.

Okay.

I did it, but I was pretending to do it.

That is exactly what

we have here.

in this conspiracy, evidence coming from their own mouths on

the recordings, not to mention from the witnesses, the

Faced with overwhelming evidence of their guilt

10

documents, the photographs, the defendants have resorted to

11

wild excuses and arguments that make no common sense.

12

take a look.

13

First, Mr. Defreitas.

Let's

When you boil it down,

14

Mr. Defreitas' argument comes down to, okay.

15

a part of the conspiracy.

Okay.

16

up with the idea myself.

And yes.

17

taking surveillance footage.

18

country in pursuit of my plan.

19

Francis and Kadir and Ibrahim into the plot, and I did it on

20

tape.

21

I was never serious.

22

And yes.

I said I was

I will grant you that I came

Yes.

I drove around the airport


I traveled from country to

Yes.

I recruited Nero and

I spent over a year pursuing this plot, but

Off the bat, before we look at all of the evidence,

23

that is flat-out ridiculous.

24

idea.

25

Mr. Francis told you that.

This plot was Mr. Defreitas'

And how do you know that?

Mr. Nero told you that.

Russell Defreitas told you that

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4808

again and again and again on the tapes.

told Detective Addonizio that when he confessed to the crime.

And Russell Defreitas

Now, ladies and gentlemen, in the space of over a

couple of hours Ms. Whalen and Mr. Nkrumah called their

clients' own words on tape everything under the sun other than

what they are, which are an agreement to attack JFK airport.

They called them fantasy talk; trash talk; stupid, ugly talk;

big talk -- I was writing all these down -- dirty talk;

showoff talk; kid talk; ugly imagination talk; face-saving

10

talk; sizzle; window dressing; big-mouth talk; Bruce Willis

11

talk; fluff talk; lots of talk; talking a lot of game.

12

personal favorite, it is all a character flaw.

13

This isn't junior high with trash talking and name

14

calling.

15

plotting to commit a terrorist attack at an airport, not

16

boasting about their cars or their girlfriends.

17

And my

These are grown men, and they caught on tape

The defense attorneys are just coming up with new

18

words to describe their own clients agreeing again and again

19

and again on tape to engage in the plot to attack JFK Airport.

20

And throughout this conspiracy Russell Defreitas was

21

determined to make the JFK attack happen.

22

time again Defreitas demonstrated that he was the most serious

23

and committed member of the plot.

24
25

In fact, time and

And let's look at his own statements about his


commitment.

Let's look from rhetoric to evidence.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

Ms. Whalen

REBUTTAL SUMMATION - MILLER

4809

characterized his statements, but characterizations are not

evidence.

The fantasy talk, the trash talk, that is not

evidence.

The evidence comes from the court reporters in the

form of the transcript and the evidence comes in the form of

the exhibits.

So let's look at Mr. Defreitas' statements about his

own commitment from the evidence, from the recordings.

these statements span the conspiracy from the trips to the

airport to his comments to the Kareem Ibrahim just a couple of

10

days before his arrest.

11

many, many more.

12

And

And I picked a few, but there were

Let's start at the beginning.

"I always wanted to

13

do something against those was bastards."

14

And let's look at the next one.

Ms. Whalen told

15

you, by the way, that Mr. Defreitas was in no hurry, no hurry

16

at all, to get to the airport when he got back from -- from

17

Guyana.

18

airport.

19

That is the evidence.

Well, let's look at his own words.

20

I feel like going there now.

Let's look at a few more.

"Let's go to the

I cannot wait a day."

"I need to pay them back.

21

Those bastards are going to love when I get them back.

22

got to tell the sheik to hurry up.

23

two days.

24

like a cell."

25

You've

We accomplish too much in

I don't be like -- I don't like to be sitting here

You remember, he didn't want to be a cell that

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4810

waited and waited and waited because he was determined to make

the attack happen.

"I've been studying this thing a long time.

I've

spent a lot of years trying to try to figure out how I can get

to them.

trip to Trinidad.

We didn't come here for entertainment."


"We came here on a mission."

And the next two, which come after Ms. Whalen said

that he came to some sort of an epiphany.

things off the ground.

10

"We've got to get

We ain't got time to wait.

Kadir, I

know he is hungry."

11

Didn't we just hear from Mr. Nkrumah that

12

Mr. Defreitas didn't think Kadir was involved?

13

words.

14

This was a

"KADIR:

I know he is hungry.

Look at his

Our mission is

15

to see it accomplished."

16

And, finally, just a couple of more days before he

17

is arrested, "I don't have much time to waste."

18

sound like someone who is just stringing things along, or is

19

that somebody who wants to make this attack happen?

20

And look at his actions:

Does that

Surveilling the airport,

21

recruiting conspirator after conspirator, seeking and

22

approaching seasoned terrorist after seasoned terrorist.

23

Ms. Whalen told you that Russell Defreitas was just

24

responding to Steven Francis.

I think that was her idea.

25

Well, let's look at his own words.

When he tells Steven

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4811

Francis, what does he say?

you," Steven Francis, "would have given up, you would have

missed this."

4
5

He says to Steven Francis, "If

He was going to do it anyway.

Steven Francis would

have been the one missing it.

Now, Ms. Whalen went on about Defreitas ultimately

choosing not to follow through with Abu Bakr after the group

got to Trinidad and Abdel Nur met with Abu Bakr about the plot

to attack JFK airport.

You remember he came back and reported

10

that he had met with Abu Bakr and that Abu Bakr had been

11

interested but wanted another meeting.

12

Now, remember the context here.

Remember what was

13

happening when Defreitas decided not to follow through with

14

Abu Bakr.

15

to result in arrest and far more likely to result in bombs

16

going off at the airport.

17

He found a better path, a path that was less likely

Remember what he learned.

He learned that Abu Bakr

18

was dangerous.

19

when he confessed that he had learned that Abu Bakr had killed

20

the nephew of a friend.

21

also learned that Abu Bakr was under surveillance, tight

22

surveillance by local and international law enforcement.

23

remember Kadir told him that.

24

Trinidad, Ibrahim confirmed it.

25

You remember what he told Detective Addonizio

But more importantly, Defreitas had

You

And when they had got to

And remember, like every person who commits crimes,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4812

Defreitas didn't want to get caught.

the rest of his life in jail or some long portion.

why he took precautions when he went to the airport to surveil

it.

is like talking in code.

phone; they didn't want to get caught.

So let's be clear.

Do you remember?

He didn't want to spend


That is

He tried to get the small camera?

That

All of them talking in code on the

Defreitas had found a better way

to make the plot happen.

Now, the tape that you heard that was played that

10

Defreitas tells Francis he doesn't want to follow through with

11

Abu Bakr.

12

terrorist plot to Kareem Ibrahim.

13

you remember what happened.

14

first and says, "Let's take it to Iran.

15

revolutionary leadership in Iran."

16

That happened after Defreitas' pitched the JFK


And it happened after --

Ibrahim dived into the plot head


Let's take it to the

And remember, Kareem Ibrahim was 100 percent on

17

board.

They talked at length about how to get the plot done.

18

They agreed to do the attack at night and in the winter.

19

agreed to take it to Iran.

20

this trial, that in Iran Defreitas had struck pay dirt because

21

Iran and Hezbollah had engaged in successful terrorist

22

attacks, widely publicized terrorist attacks against the

23

United States, and they had engaged in successful terrorist

24

attacks, widely publicized ones, in the Americas.

25

about all that from Dr. Levitt.

They

And you know from the testimony in

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

You heard

REBUTTAL SUMMATION - MILLER

4813

Iran was a better partner for this plot, more likely

to get it done than was Abu Bakr.

sponsored terrorist attacks against the United States, and

Abu Bakr was under tight surveillance.

After all, Iran had

So what Ms. Whalen left out when she said he didn't

want to go through with Abu Bakr was that he found a better,

safer plan.

and under strict law enforcement scrutiny when he found a

better way?

10

Why would he approach he thought was dangerous

Here is what Defreitas, himself, had to say about

the better plan after Ibrahim joined the plot.

11

And remember who he is talking to here, Abdul Kadir,

12

using the code that Abdul Kadir gave him.

13

code that Abdul Kadir gave him.

14

We'll back to the

Everything has to start in the direction.

He

15

started the Chicken Far.

16

repeatedly the Chicken Far was the plot to attack JFK airport.

17

We have to divert into another area that can produce a better

18

project than having the chickens grow.

19

means.

20

just as committed to the mission, just as committed to making

21

it happen; he's just got a new plan.

22
23

You remember Mr. Kadir confirmed

You know what that

A better chance to blow up the airport.

So he remains

Now, Ms. Whalen also argued that -- let me go back


quickly and finish over the second part of this.

24

Can you push it up a little bit?

25

What else does he say, Mr. Ibrahim?

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

Again, this is

REBUTTAL SUMMATION - MILLER

4814

the comment about Kadir, "I know he is hungry.

to see this accomplished."

Our mission is

His mission is to see the JFK plot come to fruition.

Now, you heard Ms. Whalen argue that Mr. Defreitas

came up with some strange ideas.

argument because I want you to see two things.

doesn't matter if he had strange ideas about the plot; and,

two, his ideas weren't really very strange.

Well, let's look at that

First point, it doesn't matter.

Number one, it

When Judge Irizarry

10

charges you on the law, I predict she is going to tell you

11

what the elements of the crime are, and you are going to hear,

12

I predict, that a defendant can be found guilty of conspiracy

13

even if his illegal plans were impossible, even if they

14

couldn't have succeeded.

15

couldn't have accomplished his goal of attacking the airport,

16

he is still guilty if he joined the conspiracy to attack the

17

airport on purpose.

18

So even if you think Mr. Defreitas

Let me tell you what you are not going to hear from

19

Judge Irizarry, I predict.

You are not going to hear that the

20

law requires the Government to prove the defendants to be of

21

a particular intelligence or of a particular capability or

22

that they are diabolical to be guilty.

23

be shocked to learn that many people who commit crimes aren't

24

rocket scientists.

25

about being caught.

I don't think you will

Many people who commit crimes are worried


That doesn't make them not guilty.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4815

Nobody ever stood up here and told you that Russell

Defreitas was James Bond or Al Capone or Osama bin Ladin.

Just the opposite.

We told you we would prove that he committed the

crimes with which he is charged, and you know we did because

you listened to hour after hour of Russell Defreitas engaging

in the conspiracy on tape.

8
9

And one more thing about the exaggeration that


Ms. Whalen referenced.

When do people pad their resum and

10

say they have more experience than they do?

11

they want the job?

12

for ten years instead of six years it is because they are

13

trying to get something done, not because they don't want to

14

get the job?

15

Isn't it when

When people say I have been working at it

So let's talk about these supposedly silly ideas.

16

Ms. Whalen talked a little bit about how Mr. Defreitas wasn't

17

the airport expert.

18

bear that out.

19

Members of the jury, the evidence doesn't

Remember what the first witness, Peter Carbonaro,

20

told you.

Most people don't know about that main full tank

21

farm.

22

visit.

23

fuel lines.

24

But Russell Defreitas knew.

25

he used to work at JFK, in particular not only at Evergreen,

It's not in the part of the airport that many people


Even fewer people -- very few people know about the
They are underground.

You can't even see them.

How did he know?

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

He knew because

REBUTTAL SUMMATION - MILLER

4816

the cargo company, but also at Ogden, the fuel services

company.

fuel services company.

the pipelines that went under them could cause catastrophic

damage to the airport and to the surrounding community,

including, by the way, that air train that ran nearby.

He knew how the fuel ran from when he worked at the


He knew that exploding fuel tanks and

Now, you also heard Russell Defreitas tell Francis

and show him repeatedly that he knew the back road in and out

of the airport so that -- the idea being they could show

10

people how to get in and out who were going to execute the

11

attack, get them in quickly before they are detected; flee the

12

scene quickly to escape.

13

Again, you heard from Peter Carbonaro that the back

14

roads and exits generally don't have signs leading to them,

15

and they're rarely used by the general public.

16

these things Russell Defreitas was bringing knowledge to the

17

conspiracy to attack the airport.

18

So between

Now, what about the security at the airport?

A lot

19

of questions about that on cross-examination about license

20

plate reading technologies and comprehensive camera systems

21

and a lot of suggestions that Mr. Defreitas was crazy to think

22

that the airport had such things.

23

What did you hear from Peter Carbonaro and

24

Detective Addonizio?

25

security equipment.

That they do have that high-tech


There is a comprehensive camera system,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4817

and they do have license plate reading technology that they

use.

Port Authority Police Department used that every day.

You heard it from Detective Addonizio.

4
5

He told you the

So Defreitas wasn't -- wasn't stupid or crazy to be


worried about the security technology.

He was dead on.

Now, there was some questions about the tower, and

Ms. Whalen, I think, said that she asked when the current

tower was built, and there was discussion about the 1990s,

what is the implication here?

That before the mid 1990s

10

planes were just flying around willy-nilly?

11

an air traffic control system?

12

they did.

13

They didn't have

That is ridiculous.

Of course

It has got no relevance.


And there was something about no signs saying don't

14

take photographs.

15

the photographs or the video with the intent to commit a

16

terrorist attack.

17

terrorist attack here at the airport.

18

arrested"?

19

But what makes it a crime is that you take

Should there be a sign that says, "No


You will been

Come on.
Here is an important point.

Mr. Defreitas knew what

20

he could do and what he, himself, couldn't do.

21

airport.

22

fuel pipelines attached to the full tanks.

He knew about the

23

back roads, how to get in, how to get out.

But Russell

24

Defreitas also knew he couldn't achieve of the big attack he

25

wanted, the one you heard him talking about on the tapes that

He knew the security weak points.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

He knew the

He knew about the

REBUTTAL SUMMATION - MILLER

would rival 9/11 on his own.

do?

That is what a person does when they are looking -- when they

know they can't do something, when they assess themselves and

say here what is I can do.

rest.

He looked for help.

So what did he do?

4818

That is what a smart person does.

I need someone to help me with the

And what did you learn at this trial?

the right people.

try to contact?

What did he

He looked to

Who did Defreitas and his coconspirators

Well, first, they tried to find Al-Qaeda, and

10

in particular this individual, Adnan Shukrijumah, an Al-Qaeda

11

operative with ties to the Caribbean and explosive expertise,

12

just the guy to get this plot operational.

13

And as Dr. Levitt, the terrorism expert told you,

14

Defreitas wasn't crazy to think Shukrijumah was in the

15

Caribbean.

16

he was in Trinidad and other parts of the Caribbean right when

17

it mattered.

18

There were reports in the media at the time that

Who else?

Who is the next person that Defreitas and

19

his coconspirators tried to contact.

In this case, through

20

Abdel Nur actually succeeded in contacting this individual,

21

Abu Bakr.

22

because as you heard from Calvin Bennett, the expert from

23

Trinidad, Abu Bakr had engaged in a coordinated terrorist

24

attack of his own, the suicide bombing of the police station,

25

the shooting of the Prime Minister, and the takeover of the

And you know that Abu Bakr was also a smart choice

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4819

parliament TV station in Trinidad.

And ultimately who did Defreitas and his

coconspirators decide to pursue and make efforts to contact?

The Iranian revolutionary leadership.

heard from Dr. Levitt it was.

of terrorism.

Hezbollah, the terrorist group it funds, are widely known to

have committed terrorist strikes against the United States and

the western hemisphere in the Americas.

Why?

A smart choice?

You

Iran is a state sponsor

You heard that from Dr. Levitt.

That Iran and

Because you heard

10

from Dr. Levitt that Iran bombed the Israeli embassy and a

11

Jewish cultural center in Buenos Aires, Argentina, again, in a

12

widely publicized terrorist attack.

13

So what does all of this tell you?

First, it tells

14

you that Russell Defreitas and the other plotters were deadly

15

serious, and they were reaching out to exactly the kind of

16

people, seasoned terrorists, they believed made this plot

17

operational.

18

is an accurate assessment for Mr. Defreitas of what he could

19

do himself and what he needed help with to make his plot

20

become the nightmare reality.

21

reaching out to the three most prominent terrorist groups with

22

links to the Caribbean.

23

That is not stupid.

That is not crackpot.

That

That is Russell Defreitas

Now Ms. Whalen argued that Defreitas' specific ideas

24

for the attack don't add up.

25

big ideas.

But remember, he came up with

He wanted an attack to rival 9/11.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

You can't

REBUTTAL SUMMATION - MILLER

4820

think small if you want to outdo 9/11.

Kareem Ibrahim and Abdul Kadir and Steven Francis and all the

rest of them -- in particular you heard it when he proposed it

to Kareem Ibrahim:

pipelines and that the plot would need a few seasoned

operators, four or five or six.

is not crazy.

8
9
10

So his proposal to

Attack JFK airport, fuel tanks and

That is ambitious, but that

The idea of engaging in coordinated terrorist


attacks on an infrastructure facility, like an airport, is far
from crazy.

That is Terrorism 101.

11

And Ms. Whalen pointed out that Defreitas suggested

12

that perhaps the people should dress in black if at night and

13

perhaps they should use camouflage.

14

to commit a terrorist attack that rivaled 9/11.

15

he said multiple times.

16

had terrorist training and could infiltrate the airport seems

17

like a reasonable suggestion.

18

he was seeking out seasoned terrorists; right?

19

Is that crazy?

He wanted

That's what

Four to six people who engaged -- who

It is realistic.

That is why

He wasn't -- he was going to find Al-Qaeda,

20

hezbollah, an individual who actually successfully engaged in

21

a coordinated terrorist attack on multiple facilities,

22

Abu Bakr.

23

But he didn't just think big; right?

He also came

24

up with smaller, simpler ideas.

Remember the idea that

25

Defreitas had about taking a suitcase into a terminal and

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

exploding a bomb?

4821

Let's look at that.

You remember this.

Four passengers come in.

He

said I can show an Arab how to get into the terminal where

passengers come in and then they can put down the suitcase and

go on your way and the whole area blows up.

silly or strange about that idea, about figuring out a way to

get past security into a terminal and putting down a bomb in

a briefcase or a suitcase?

Anything crazy or

Through his experience at the airport he says he

10

knows a way to get into a terminal with a bomb.

11

crazy.

That was not

That was simple, and it is doable.

12

Ms. Whalen said something about the reasons

13

Defreitas gave for his desire to attack the airport, she said

14

those don't add up.

15

when Mr. Defreitas went to Abdul Kadir's friend Kareem Ibrahim

16

and pitched the plot to him, and Kareem Ibrahim jumped in

17

wholeheartedly?

18

gave?

19

9/11 attack so that the U.S. Government can kill Muslims and

20

declare war on Islam.

Remember

Do you remember the reason Kareem Ibrahim

That Jewish people in the United States committed the

21
22

Well, first, does that matter?

That was Mr. Ibrahim's reason.

That sure isn't true.


guilty?

Does that make Ibrahim not

Of course not.

23

The reason that many, many terrorist groups and

24

individuals targets the United States are false, but that

25

doesn't make their crimes of terrorism any less serious or any

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4822

less dangerous.

Also, the evidence doesn't support this claim.

What

were the defendant's motives?

He had gave three basic reasons:

the missiles he saw at the airport, his own treatment by his

airport employers, and his own treatment in the United States.

What did he say on the tapes?


U.S. support of Israel and

Now, Ms. Whalen only talked about the first, his

anger at U.S. support of Israel and the missiles.

said that wasn't true.

And she

What is the basis for that?

Peter

10

Carbonaro, a current Port Authority employee who works in the

11

land road area, was asked, "Do you know of any missiles that

12

are carried through the airport?"

13

was not aware of that.

14

Why would he?

He said he didn't know.

He

He would works in the land road area

15

of the airport, not the flight department or the side of the

16

airport that handles cargo or military shipments.

17

from his testimony that he is not aware of current flights

18

involving missiles Ms. Whalen extrapolates that Defreitas

19

didn't see missiles when he worked at JFK in the '90s.

20

that is just speculation.

21

Somehow

But

And Ms. Whalen didn't even touch the other two

22

reasons, his anger at his treatment at the airport and his

23

anger at his treatment in the United States generally.

24

you listened to the tapes.

25

palpable.

You heard his anger.

And you heard his determination.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

It was

And

REBUTTAL SUMMATION - MILLER

4823

And there was some talk about his other business

ventures.

business ventures, but let's look at them.

He is not charged with anything to do with his

He wanted to engage in importing products from

Guyana to the U.S. and exporting products from the U.S. to

Guyana.

export/import business every day.

has a wide array of products that are not available in the

United States.

What's crazy about that?

10

People make a living in the


And you heard that Guyana

There is talk about the idea that he might want to

11

make money of hydroelectric power.

12

has significant electricity problems.

13

that?

14

And you heard that Guyana


What is crazy about

Apparently he wanted to make money off of bottled

15

purified water.

16

Brooklyn.

17

So what?

You heard that the water is sold in

One thing for sure, we know that Abdul Kadir didn't

18

think these business reasons were silly or crazy.

19

interested he said he joined the terrorist plot just to be

20

part of it.

21

MR. NKRUMAH:

22

THE COURT:

23
24
25

He was so

Objection.

Overruled.

It is fair commentary by

counsel.
MR. MILLER:

Now, you remember there was some talk

about the video; that it wasn't a professional movie.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

But

REBUTTAL SUMMATION - MILLER

4824

remember what the point of the video was.

it into a film festival.

shots of the tanks and the other targets, and they were trying

to show coconspirators the location of the tanks as it related

to the roads and the water waste.

It was not to enter

They were trying to get close-up

And, of course, they were operating under difficult

circumstances, trying to film the airport without getting

caught.

airport with the intent to commit a terrorist attack.

10

After all, as you know, it is a crime to film the

And here is what Defreitas about the filming.

11

said he couldn't slice up and keep it like a movie.

12

what?

13

that you did listen to Defreitas say, "Good enough."

14

They did get what they wanted.

Good enough for what?

He

But guess

You heard in the tape

Good enough to present to

15

Rutherford and Nero and later to the other coconspirators to

16

show what -- the parts that mattered.

17

was testimony about how Defreitas told Francis how to play the

18

video, to play the relevant portions.

19

Rutherford and Nero were happy with the video because it

20

enabled them to discuss what explosives to you, dynamite --

21

remember, there was talk about the chemicals.

22

And one more thing about the video.

And you remember there

And you heard that

There was

23

discussion about the difficulty that Defreitas and Francis had

24

in using the brand-new piece of machinery.

25

Defreitas wanted a new, high-tech camera that was small and

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

You remember

REBUTTAL SUMMATION - MILLER

4825

would be hard for law enforcement to see.

Rutherford had

directed that they take the video -- directed Defreitas to

take the video.

find a camera at home."

Francis said, "I think I might be able to

Defreitas said, "No.

We need a high-tech one."

When anyone gets new technological equipment it can

be hard to manage, particularly hard to manage it when you are

driving and hiding from law enforcement.

point?

They filmed the airport.

But what's the

They captured the images of

10

the tanks that they wanted to take to their coconspirators and

11

that they wanted to take to the explosive experts.

12

Take a look quickly at these slides.

Now, there was

13

some talk about these slides.

14

Mr. Francis testified on direct examination after a question

15

from Mr. Jones, would these -- "Did you make these and take

16

them down to Guyana?"

17
18

And he said, "No.

When these were introduced,

These were not made at that

point."

19

But the point is this is how they were shown.

This

20

is how they were shown.

Do you remember they showed just the

21

relevant portions of what Mr. Defreitas told Francis to do for

22

the coconspirators.

23

portions.

24

testimony about the hangars and the planes when you go back to

25

the tanks.

And here you are seeing the relevant

You see the hangars.

Do you remember there was

And the fuel tanks.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4826

The point of the video is just to make your lives

easier so you can see what the conspirators saw when they

watched the relevant portions and they pushed pause and they

talked about it.

That is the point.

There was some claim that somehow Russell Defreitas

was manipulated by Steven Francis.

listened to the tapes.

pressure Defreitas.

again, "You tell me what to do."

10
11
12

You were here.

You

I don't -- Steven Francis did not

But you remember, he would say again and

This was his directions from Detective Napoli, "Let


Mr. Defreitas and let the other conspirators take the lead."
And you heard him say that again and again.

In

13

fact, so much that sometimes Defreitas would get frustrated

14

with him and say, "I want some feedback."

15

And he would say, "I am here to serve you."

16

Take a look at some -- just a few examples.

17

here to serve you, man.

18

208 -- 211.

19

Anything that you ask."

"I am

That's

"It's more appropriate for you to tell me

20

actually what you think.

I am a follower of the

21

prophet Mohammed.

I am here to serve him.

22

you ask me to do.

You tell me what I am going to

23

do.

I am here to serve you.

24

do.

Whatever decision you make."

25

Whatever decision you make.

Whatever

You tell me what to

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4827

And it's interesting that Mr. Nkrumah said that

Steven Francis somehow manipulated Abdul Kadir.

said, "Try to get Abdul Kadir to say a fake name."

Let's take a look at that.

Remember, he

Let's take a look at

that where Mr. Nkrumah said that Steven Francis was trying to

get him to say a fake name when he said, "What name?"

Wait a minute.

Who said that?

Who said, "What name?"

That is Russell

Defreitas; right?

Russell Defreitas.

So when Mr. Nkrumah is trying to say that when Russell

10

Defreitas is saying, "What name?" that somehow Steven Francis

11

is manipulating Abdul Kadir into giving a false name.

12

that make any sense?

13

Does

That is why we have evidence because it doesn't lie.

14

Defreitas is the one who says, "What name?"

So how, possibly,

15

could Steven Francis be trying to manipulate Abdul Kadir.

16

is not possible.

It

17

There was some talk about the Government wasting

18

money and time and that somehow they're on the wrong track

19

here.

20

learned that defendant wanted to blow up a huge international

21

airport and is arranging meetings or attempting to arrange

22

meetings with seasoned terrorists that the FBI takes steps to

23

protect the country?

24
25

Does it surprise you for a minute that when the FBI

That is their job.

And there was talk about the goodies that Francis


supposedly gave to Mr. Defreitas.

Let's talk -- let's take

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4828

those one at a time.

There was an apartment.

And you remember,

Detective Addonizio told you why the apartment was offered.

Mr. Defreitas had been living in New York on and off between

his trips to Guyana, and there were many.

Detective Addonizio testified -- and you can look -- that

there are something over 30 stamps in Mr. Defreitas' passport;

so he wasn't having too much difficulty traveling back and

forth to Guyana and that he needed a new place to stay,

You remember that

10

Mr. Defreitas and that he told his friend that he needed a new

11

place to stay.

12

And then at the same time Neville Talib Bilai

13

Rutherford was saying, "You know what?

14

plot going.

15
16

Let's try to get this

Maybe we can even do it around Christmas time."

Do remember that discussion?

And right around the

same time Mr. Defreitas is looking for an apartment.

17

So what does the FBI do?

It has access to a free

18

apartment.

19

Defreitas was looking for.

20

for an apartment.

21

figure out where this person plotting to attack JFK Airport

22

was going to end up and how to perform surveillance.

23

enforcement.

24

did that.

25

Of course of the FBI offered the apartment that


Saved him the trouble of looking

Saved the FBI the trouble of trying to

It was simple law enforcement.

What about the plane ticket.

Law

Of course they

Again, Defreitas and

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4829

his coconspirators were looking for tickets to go to Trinidad

to visit Abu Bakr, a known terrorist who engaged in attacks in

Trinidad.

Mr. Defreitas had flown back and forth.

provided the ticket so that they could set up surveillance in

the appropriate places to make sure that nothing happened;

that there was no actual attack.

8
9

We know they were able to buy tickets in the past.


Of course the FBI

There was some talk about Government's Exhibit 270.


Do you remember that?

That was the plane ticket that was

10

found when Detective Addonizio went to Guyana.

11

that plane ticket was here is a plane ticket that the FBI did

12

not know had been purchased.

13

There may well have been others that the FBI didn't know was

14

purchased.

15

The point of

There could have been others.

Now, the FBI getting reporting from Steven Francis.

16

But the FBI can't track ever foreign plane ticket.

17

purpose of introducing Government's Exhibit 270 was not to

18

suggest Abdel Nur took a trip.

19

tickets are purchased by the conspirators outside the

20

knowledge of the FBI.

21

spend a couple of hundred dollars to insure that the plot

22

doesn't get away from them, doesn't actually -- meetings don't

23

happen with Abu Bakr or with other known terrorists not under

24

the FBI's watch?

25

And the

It was to show that plane

So when the FBI has an opportunity to

Of course they too advantage of it.

Members of the jury, Russell Defreitas didn't spend

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4830

over a year plotting to attack JFK airport and pursuing the

biggest terrorist in the Caribbean region to pitch the plot --

his plot to attach JFK airport for a few hundred dollars worth

of plane tickets.

5
6

It is a ridicules.

A few more quick points here and then I want to


switch to Mr. Nkrumah's argument.

First, what did the defendant Abdul Kadir tell you

about Russell Defreitas?

Well, number one, during his

testimony he testified under oath that Russell Defreitas was

10

a member of the plot to attack JFK airport.

11

was the first one to pitch him on the plot.

12

And what else did he tell you?

Russell Defreitas

That he didn't think

13

Russell Defreitas was incapable of involvement in a serious

14

endeavor.

15

business ideas and connections so much that he told him he

16

would join in the terrorist plot with him in order to go into

17

business with him.

18

In fact, he liked his business ideas.

He liked his

Second, let's suppose for one second that Russell

19

Defreitas didn't mean any of the things he said.

20

absurd, given the wealth of evidence that demonstrates beyond

21

any reasonable doubt that he meant every word.

22

just suppose for one minute.

23

It is

Well, let's

He gets arrested by the FBI and told he has been

24

arrested for plotting to attack JFK airport.

25

he does, oh, he lies.

The first thing

He says he wasn't involved at all.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

Okay.

2
3

4831

But then he is told the evidence is significant.


There are tape recordings.

He is under surveillance.

If Russell Defreitas really hadn't meant it, if he

just had been doing what Ms. Whalen said, playing along to get

money or make friends, wouldn't he have told Detective

Addonizio that?

again?

I was just trying to make friends."

Wouldn't he have told him again and again and

"I didn't mean it.

I was just trying to make money.

10

He didn't.

Take a look.

11

At this point in the interview did Russell Defreitas

12

say he was part of the plot to attack JFK airport, but he

13

never really meant to do anything?

14
15

No.

He did not.

At any point in the interview did Russell Defreitas


suggest or say that the plot was not serious?

16

No.

Did he tell you that he came up with the idea of the

17

plot?

Russell Defreitas said it was idea.

18

short interview.

19

hours long.

20

Addonizio that he have wasn't a member of the plot really

21

because he was a member of the plot.

22

heard it on the tapes.

23

about Nero and about Rutherford, about the Code words, about

24

the videotape, about the travel, about the plan to seek out

25

Abu Bakr.

You heard about it.

So he didn't lack time.

This wasn't a

It was a couple of
He didn't tell Detective

He confessed it.

You

He confessed to all kind of details

He confessed, and he is on those tapes saying all

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4832

of those things because he is guilty.

He told Detective Addonizio and the other agents

that he came up with the plan because he did come up with the

plan.

he was a member of the conspiracy.

about playing along, crazy talk, because it is just not true.

Now, in this case, as I said, the defendants' guilt

He told them he was a member of the conspiracy because


He didn't say one word

has been established based on the tape-recorded statements,

not to mention the documentary evidence and the confession of

10

Russell Defreitas and the admissions of Abdul Kadir during

11

cross-examination.

And we will come back to this.

12

But the testimony of the cooperating witnesses,

13

Donald Nero and Steven Francis, that is just icing on the

14

cake.

15

That is just more evidence.


Strangely, you heard a lot of Nero and Francis

16

during the defense summations.

I guess if you don't like what

17

your client says on the tape recording, it is a lot easier to

18

attack the person holding the tape recorder.

19

the recordings prove the defendants' guilt, let's take a look

20

at their testimony, Francis and Nero's testimony.

So even though

21

Keep in mind they haven't seen each other in three

22

years, and they don't know what evidence the Government has.

23

When you do the comparison you will see that of all of the

24

significant points, their testimony is corroborated by the

25

other evidence in the case.

Francis and Nero both testified

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4833

that the plot was Defreitas' idea.

and guess what?

confession in the interview.

that Defreitas was angry at the U.S. based on his experiences

at JFK airport.

They confirmed each other,

Russell Defreitas confirmed during his


Francis and Nero both testified

The recordings confirm that testimony.

They testified about the same people being involved

in the plots and about plot meetings at Rutherford's office.

Again, the recordings confirm that testimony.

They both testified that Defreitas' job was to give

10

information about JFK Airport and that he recruited Francis

11

into the plot.

Again, the recordings confirm it.

12

They both testified that Defreitas traveled to the

13

U.S. to get video of JFK airport and then brought it back to

14

Guyana and then played it back for Rutherford in Europe, who

15

liked it and thought it was very helpful.

16

confirmed that.

17

The recordings

They both testified the plotters talked about using

18

dynamite to blow up the tanks and chemicals to penetrate the

19

tanks.

20

Again, they confirm each other.


The both testified the plotters planned to go to

21

Trinidad to meet Abu Bakr, find Shukrijumah, to pitch the plot

22

with the help of Abdel Nur.

23

recordings.

24
25

This is confirmed by the

They hadn't seen each other in three years.

And

while Francis reviewed the tapes, you remember, for accuracy

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4834

so they could be admitted into evidence, Nero never listened

to a single recording.

other evidence in the case was.

And neither witness knew what the

And, by the way, as Ms. Ahmad told you, what Francis

testified about the meeting with Mr. Kadir, Mr. Kadir

confirmed almost every single part of that.

couple of distinctions that we will come back to.

Now, the defense argued there were some

inconsistencies, but ask yourself, were these the

There were a

10

inconsistencies about key events that you'd remember, like the

11

ones we just went over, who was involved in the plot, what was

12

the plan, where were the meetings, that kind of thing?

13

were they details, details like did Nero ask for help for his

14

wife that Francis never gave to his wife?

15

that three years later, whether you ask somebody for help for

16

someone else and you never got that help?

17

remember that?

18

wouldn't remember.

19

Or

Who would remember

Why would you

It's the kind of insignificant detail you

And there was some talk about these cooperation

20

agreements, and I think Ms. Whalen suggested that somehow Nero

21

got a great deal.

22

conspiring to attack a mass transportation facility, to commit

23

a terrorist attack.

24

time up to the rest of his life.

25

he did it to get to the United States?

Members of the jury, he pled guilty to

He faces jail time -- significant jail


And Ms. Whalen argued that
He hasn't even seen

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4835

his family or even talked to his family, you heard, since he

got here.

Is that a great deal?


He took responsibility for being involved in a

conspiracy.

airport, and he pled guilty to that because he is guilty of

that.

He agreed with other people to attack JFK

And take a look at the agreements.

You'll see that

Nero and Francis face long prison terms, far longer if they

lie.

They had no idea what the other evidence is that the

10

Government has, whether the phone was tapped.

11

idea when they were under surveillance.

12

in the agreement to suggest that it matters to them whether

13

the defendants are convicted or acquitted.

14

They have no

And there is nothing

Under those circumstances, what is the only rational

15

thing for a self-interested person to do?

16

lie.

17

time, possibly for the rest of their life.

18

truth, they get a chance, a chance for a Judge to reduce an

19

otherwise lengthy prison sentence.

20

It sure isn't to

If either witness lies they go to jail for a very long

Let's talk about Abdul Kadir.

If they tell the

And Abdul Kadir

21

repeatedly indicated his involvement in the conspiracy on the

22

audio recording.

23

earth satellite images of JFK airport, saying, "We can work

24

with that."

25

that.

He was caught on tape advising on Google

Not you can work with that, but we can work with

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4836

He was caught on tape agreeing to travel to Trinidad

to pitch the blot to Abu Bakr, who he had lived with in

Trinidad for three years, as he said on tape.

who Abu Bakr is.

the plotters to stay when they pitched the plot to Abu Bakr,

and he knew why they were going there.

he provided engineering advice on the composition of the fuel

tanks, how to blow them up.

And he knows

He is caught on tape setting up a place for

He admitted here that

We'll come back to that.

Conspiring on how to accomplish the plot without

10

getting caught and authorizing the use of his Mustang.

11

despite all of those statements, Kadir's argument was that,

12

yes, I did all of those things.

13

plot.

14

I didn't mean it.

And

I said I agreed to pitch the

I was just pretending.

Again, this isn't junior high.

You can't say that

15

I had my finger crossed behind my back.

16

That is the type of absurd argument you get when a defendant

17

is caught on tape.

18
19

That is my defense.

It doesn't stands up.

Now, let's just talk for a minute and go over what


knowledge and intent is and what it isn't.

20

The question is did Abdul Kadir know what the

21

conspiracy was about?

22

attack JFK airport, and did he intentionally participate in

23

it?

24

That is not an element.

25

Did he know it was about a plan to

That is the question.

It doesn't matter why he did it.

So whether you believe that Kadir entered into the

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4837

conspiracy, agreed to assist in the plot to raise money or for

business connections or because of a commitment to the Iranian

worldwide revolution or to support hezbollah or because he's

following his Muslim duty in some misguided sense, he is still

guilty as long as he agreed to help knowing what the plot is

about and intentionally participated, and the evidence proves

beyond any reasonable doubt that he did.

8
9

And the same is true, by the way, of Russell


Defreitas.

Whatever his reason was for being involved in the

10

plot, whether it was the motive that he said on the tape or if

11

he really joined the plot to make friends, as long as he

12

knowingly and intentionally participated, he is guilty.

13

Now, Mr. Nkrumah argued that you should credit

14

Mr. Kadir's story, but it is packed with inconsistencies and

15

lies, and it is absolutely contradicted by the tapes.

16

Think about that first meeting.

Let's just talk

17

about that for a second.

18

journeyed an hour, an hour and a half from Georgetown to meet

19

with him to pitch him the plot.

20

while and they played him the video.

21

He said that Defreitas and Francis

He says they talked for a

You heard Russell Defreitas pitch the plot.

You

22

heard it on Government Exhibit 224.

That is where he pitches

23

the plot to Kareem Ibrahim.

24

played the video, and Mr. Defreitas talked at length about it.

25

They talked about the tower.

Remember how it went.

They

They talked about the planes,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

REBUTTAL SUMMATION - MILLER

4838

the tanks, the entries, the exits, his reasons for wanting to

do it, on and on.

3
4

What does Kadir say happened?


the video twice.

He said they played

Nobody didn't said anything.

MR. NKRUMAH:

MR. MILLER:

THE COURT:

Overruled.

I'm sorry.

The jury's recollection, of course, is

9
10

Objection.
Did that seem reasonable?

what counts.
(Matter continued on the next page.)

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

Rebuttal - Miller

MR. MILLER:

(Cont'g.)

4839

He says after the videos are

played, he says what is this, all that Defreitas and Francis

say are tanks.

Airport.

No explanation, no description, tanks at JFK

Airport.

Does that make a remote amount of sense.

travel all this way after Abdul Wahab, by the way, tells them

that this is a guy who has connections and may be interested

and they play him the video twice and say nothing.

they answer -- and then he asks what's this all about and they

He asked where and all they answer is JFK

They

And then

10

don't answer that either, they just say JFK Airport, tanks.

11

It makes no sense for the obvious reason, it's not true.

12

Now, Mr. Kadir conceded that at the end of the first

13

meeting about the JFK plot he did agree to pitch the plot to

14

his connections but here's where he claims he's pretending,

15

this is the first pretending, no matter that he has such

16

connections, no matter that he has contacts and you've seen

17

the letters to Mohsen Rabbani, no matter that he has contacts

18

to Iranian leadership, no matter that he knows Abu Bakr, he

19

claimed he was just pretending and remember all the reasons he

20

gave, the inconsistent and different reasons.

21

wanted to go into business with them, wanted to meet rich

22

Muslims through Francis and Defreitas, he wanted to stay close

23

to those terrorist plotters not cut ties with them, those were

24

his words, wanted to stay close to them, not sever ties.

25

First, he

Remember what he said before back at the time of his

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

4840

arrest under oath that he agreed not because he wanted to work

with these guys but out of fear and shock and confusion and to

get as far as away from them as possible and their plan as

possible.

like slinking whisperers.

it.

and utterly inconsistent.

people that you fear and think are the devil, so why change

your story.

He said Defreitas and Francis were like the devil,


It's in evidence, you can look at

That was his claim under oath three years ago.

Totally

Nobody goes into business with

Remember the phone calls, you listened to a

10

couple of them, the beginnings of them as well as the whole

11

phone calls and the parts about the plot where Kadir and

12

Francis and Defreitas greet each other like friends, close

13

friends.

14

The fear story didn't stand up to the tapes.


Then there's the third story about rehabilitation.

15

I submit this was the most absurd story of all, trying to

16

rehabilitate the plotters is what he said he was doing.

17

don't rehabilitate an alcoholic by giving him a six pack of

18

beer.

19

wrong in what they're doing and showing them what's right but

20

Mr. Nkrumah or Mr. Kadir, they didn't point to a single

21

example on the tapes where he said something that would be

22

rehabilitating, like what you're doing is wrong, no.

23

You

You rehabilitate someone by telling them that they're

Do you rehabilitate plotters attempting to blow up

24

an airport by directing them to satellite images of the

25

airport and when they find them, saying good, good, good, we

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

4841

can work with that.

you rehabilitate terrorist plotters by agreeing to introduce

them to your friend Abu Bakr who previously committed a

coordinated suicide bombing and violent coup, does that sound

like rehabilitation.

advice on how not to get caught and how to do a good job where

they're pitching the plot to a seasoned terrorist, is that

rehabilitation.

Does that sound like rehabilitation.

Do

How about giving terrorist plotters

And here's one of my favorites, do you rehabilitate

10

terrorist plotters by giving them your best engineering advice

11

on the composition of the fuel tanks, the number of walls it

12

has, how many explosions it's going to take to blow them up.

13

Does that sound like rehabilitation to you.

14

cross-examination Kadir admitted that he gave them his best

15

engineering advice on the composition of the tanks.

16

Because on

Let's look closely at Kadir's testimony on this

17

point.

18

Detective Addonizio that he was involved in the plot and I

19

submit, members of the jury, that Abdul Kadir confessed to you

20

that he was a member of the plot during his testimony just the

21

other day.

22

As we discussed before, Russell Defreitas confessed to

"Question:

As an engineer they asked you about the

23

composition of the tanks that you knew they wanted to blow up

24

and you answered them as best you could, correct?

25

"Answer:

Yes, sir.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

"Question:

4842

You gave individuals that you knew

wanted to blow up fuel tanks at an airport your best

engineering advice on the composition of those fuel tanks; is

that correct?

"Answer:

My best advice."

Mr. Kadir -- excuse me, Mr. Nkrumah just said Kadir

didn't try to improve the plan, he didn't do anything, he said

it was all boogeyman that the government was setting up.

gave them his best engineering advice on how to blow up the

10

tanks, those are his words.

11

plan.

12

I pretended to give them advice.

13

advice but I didn't know what the plot was about at that

14

point, no.

15

on how to blow up the tanks.

16

He

How is that not assisting the

He didn't say here -- even this time he didn't even say


He didn't say I gave them

Right there he gave them the best advice I could

Let me talk about one more thing about the

17

audiotapes.

Mr. Nkrumah argued, hey, on the audiotapes they

18

don't -- my guy doesn't say that he's helping.

19

off, he says again and again that he agrees to do things for

20

the plot, Google Earth, we can work with that; Abu Bakr, I'll

21

go introduce you, but that's not all.

22

tapes because during those conversations they not only talk

23

about going forward what they're going to do next but they

24

also talk about what's happened.

25

the idea that the first conversation about the plot wasn't on

Well, first

Remember, look at the

Mr. Nkrumah made much about

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

4843

tape but remember they have conversations where they talk

about what happened.

So, not only does Abdul Kadir, for example, in the

conversation about going to Trinidad to introduce the plotters

to Abu Bakr, not only does he agree to help but there's more

to that conversation.

that Abdel Nur was the right guy to approach Abu Bakr and what

does Abdul Kadir say, yeah, uh-huh, yeah, and then at that

point Mr. Francis asks will you go -- we think you'd be

You remember Francis says you told us

10

better, we think you'd do a better job, but what about the

11

first part of the conversation, that's on tape, that's

12

available for you to look at, what does that tell you about

13

what happened before.

14

you was accurate.

15

remember when you told us about that Abdel Nur was the right

16

guy to introduce us to Abu Bakr and he says yes.

17

taped statement about what had happened and that's there for

18

your review.

19

It tells you that what Mr. Francis told

Mr. Kadir confirms it.

What about the bank account.

Francis says you

That's a

Let's not forget about

20

this call about the bank account.

We've now heard a couple of

21

different stories about the bank account.

22

Can you put that one up.

23

Kadir argued this related to a plane ticket, do you

24

remember that on direct examination.

25

bank account conversation.

He was asked about this

He said it had to do with the

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

refund of a plane ticket.

Francis:

4844

Let's look at it.

In the discussions with the Sheikh here --

you remember this is a call from Kareem Ibrahim's house, there

were multiple calls to and from Kareem Ibrahim's house.

are even calls where Ibrahim and Kadir got on the phone

together, you could only hear Ibrahim's side but you remember

Ibrahim talks to Kadir, he says uh-huh, uh-huh, uh-huh and

then he comes back and they continue with the discussion and

that's when they talk about Ibrahim who has just spoken to

They

10

Kadir on the phone, old friend, just spoken on the phone and

11

Defreitas had just spoken, you remember we looked at the

12

conversation earlier where Defreitas says we're going in a new

13

direction, we're going to a better project for the Chicken

14

Far.

15

Defreitas suggested let's put the money through Kadir's bank

16

account and here's what happens.

17

So, that's what's happened so far.

Francis says:

And Ibrahim and

In the discussions with the Sheikh,

18

Ibrahim here, it's been agreed that if some investors were to

19

come for the Chicken Far -- I want to pause, you remember

20

Mr. Kadir said over and over again, no doubt about it, Chicken

21

Far is the plot to attack JFK Airport.

22

about investors to the plot to attack JFK Airport, they're

23

concerned about the monies, the great responsibility of a

24

large amount of money.

25

of capital for the attack on JFK Airport.

So, we're talking

They're talking about a big infusion

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Sheikh Muhammed

Rebuttal - Miller

4845

suggested the use of the account for the building of the

mosque for that money.

And if you go back in 224 -- 225, you'll see that

Russell Defreitas suggested, hey, let's use Kadir's mosque

account.

permission from the persons who were to sponsor the Chicken

Far.

absolutely.

What does Kadir say?

He says, fine, with the

As long as the terrorist financiers say it's okay,

So, if the sponsor agrees are you in agreement?

10

Yes, if the sponsor agrees we can transfer it to the mosque

11

account.

12

me, terrorist investments in a plot to attack an airport in

13

his bank account.

14

He's agreeing to put terrorist proceeds -- excuse

Okay.

Where is the plane part, where is the

15

airplane part, where's the couple hundred dollars that comes

16

from a refunded plane ticket.

17

monies that the investors are going to give for the plot to

18

attack JFK Airport.

19

when Mr. Nkrumah got up here, the planes were gone, all of a

20

sudden when he was describing the bank account conversation

21

all of a sudden there was no discussion anymore about airplane

22

refunds because, again, the evidence contradicts Mr. Kadir's

23

story, it keeps changing.

24

evidence from the mouth of the defendant himself.

25

Is that the large amount of

Of course not.

That's not all.

Of course not.

And then

Again, more clear and unequivocal

Let's look at what Mr. Kadir's

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

4846

co-conspirators think of his involvement.

Here's what Defreitas has to say about Mr. Kadir

after a conversation when they finished.

You might remember

this conversation, this is the conversation where Francis

talks about the Google Earth openly and talks about Abu Bakr

on the conversation and you'll see they hang up with Kadir and

Russell Defreitas says:

Francis says:

Laden.

Sorry.

You can't over the phone like that.


Defreitas:

Remember he's just like Bin

That's what Mr. Defreitas thinks of Mr. Kadir.

10

Now, there was just discussion about how, oh, he

11

didn't think he was involved.

12

puts the lie to that.

13

This recording among others

Let's see another one.

Ah, this is a good one.

14

Again, remember that the tapes, they not only talk about

15

what's going on but they talk about what happened as well and

16

it's captured on recordings for you to observe.

17

have May 7, 2007 and Francis says they're talking about going

18

to Trinidad and Guyana.

19

speak about it, are we going to talk about John F. Kennedy or

20

are we going to use Chicken Far.

21

Defreitas:

22

Sheikh, Chicken Far.

23

Francis says:

So, here we

How are we going to

And look at this, Russell

We'll keep the words because we got it from the

And just in case there's any confusion as to who the

24

Sheikh is because the Sheikh gets used for Kadir and Ibrahim

25

and Rutherford:

So we go with Sheikh Kadir's idea?

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Yeah,

Rebuttal - Miller

4847

Chicken Far, yes.

He didn't say let's go with Abdul Wahab's idea,

right.

already happened but they do it on tape.

confirms that it was indeed Abdul Kadir, the chicken farmer,

who suggested the code the Chicken Far.

Again, they are referring back to things that have


Russell Defreitas

The next one, okay, this is when they go meet

Ibrahim and this is after the phone call that I mentioned

earlier where Kadir and Ibrahim speak to each other on the

10

phone, you can hear Ibrahim's side and what are Defreitas and

11

Ibrahim doing, they are scheming about how to move the plot

12

forward now that the plot is headed to revolutionary

13

leadership in Iran rather than Abu Bakr.

14

things where Kadir will come in, Defreitas says.

15

say Kadir is not involved.

16

come in, he's already got an open account.

17

conversation I was talking about a minute ago right before

18

they call Kadir and say can we use your bank account.

19

got an open account for money, I can trust Kadir.

20

This is one of the


He doesn't

He says that is where Kadir will


This is that

And then what do Ibrahim and Nur say.

He's

Let's talk

21

about how Nur doesn't know anything about Kadir.

22

Nur and Ibrahim say, they talk when we present the plan, yes.

23

Ibrahim:

24
25

What does

He'll go to Guyana to meet Kadir.


So, Ibrahim knows Kadir is involved, he just spoke

to him on the phone.

Ibrahim knows Kadir is involved,

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

4848

Defreitas knows Kadir is involved, Nur knows Kadir is involved

and once again just to confirm it, one of the last

conversations, Kadir:

talk about whether he's pretending if he's really hungry, he

wants to eat something.

accomplished.

the mission is to see the JFK Airport plot accomplished.

is evidence.

He's hungry.

Now, I'm sure that we can

Our mission is to see this

Our mission.

Kadir, Ibrahim, Defreitas, Nur,


This

This isn't argument, this is words, recordings.

Now, Mr. Nkrumah argued that Kadir didn't support

10

the goals of the plot but look at some of the words of his own

11

and the words of the people that he was with.

12

talked about the words of the Ayatollah Khomeini, Ms. Ahmad

13

showed them to you, about the hands of criminal America, how

14

it's the enemy of Iran.

15

Then look at the words of Latif Ali.

We already

You remember

16

who Latif Ali is, this is a close friend of Mr. Kadir's who he

17

traveled to Iran on the two times he went to Iran, what's he

18

got to say.

19

the criminal America is confronting the only Islamic state

20

with laser guided missiles and again our forces have gained

21

victory.

22

He has to say:

The forces of Kufr marshaled by

But more importantly, what does Abdul Kadir say,

23

what does he say; he says:

The day of resurrection shall not

24

approach until the Muslims engage the yahud in a war and the

25

Muslims have taken it upon themselves before as only the

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

yahud, the Jews, who took the initiative.

2
3

4849

What else does he say, talks about the hands of the


oppressors being cut off.

And let me show you one more thing because this is

important.

This is a description of his own mosque, the

Guyana Islamic Information Center.

primary influences of the Guyana Islamic Information Center,

Hasan Al Bannah, Seyyid Kutub.

mosque and you heard from Dr. Levitt who stated who Kutub is.

Take a look at one of the

This is his document about his

10

He testified about it.

11

Kutub advised Muslims the big advance in the jihadist movement

12

that Kutub made, Seyyid Kutub, the influence on the direction

13

of Mr. Kadir's mosque, was that Muslims should be advised to

14

fight offensive jihad against the enemies of Islam.

15

Feel free to reread that testimony.

Members of the jury, you don't have to find that.

16

That gives him plenty of motive but you don't have to find

17

that, as we talked about earlier.

18

the plot for lots of reasons, any one of those reasons, it

19

doesn't matter, the government doesn't have to prove that.

20

All we have to prove is that he knew what this conspiracy was

21

about and he agreed, he agreed to advance the conspiracy.

22

knew what the goal of the plot was, he admitted that on the

23

stand and you've seen him today through the bank account,

24

through the engineering advice, through the Google Earth

25

images, through the introductions in Trinidad advancing the

Mr. Kadir could have joined

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

He

Rebuttal - Miller

1
2

4850

plot.
Let's talk about the conference quickly, then I'll

try to wind up.

There was talk about how Mr. Kadir traveled

to Iran for this annual conference and commemoration.

Remember Mr. Nkrumah spent some time on that and how it

clearly wasn't to pitch the plot, it was for this long planned

annual conference and commemoration.

need to prove that he went on this particular trip, we just

have to prove that he agreed to be part of this conspiracy.

Now, again, we don't

10

Let's take a look at the evidence.

Remember the

11

defendant hadn't been to Iran in 17 years, since 1990.

12

claims he was going to an event, it started on June 2nd, 2007,

13

an event that happens every year, a time to celebrate

14

Khomeini's death.

And he

15

What do people do when they're planning a big tip

16

halfway across the world, get your passport ready, get your

17

flight set, you get your visa, your hotel reservations, you do

18

it in advance.

19

preparation for this event.

You know he flew from Guyana to

20

Trinidad on May 31st, 2007.

Here's his ticket, Government

21

Exhibit 153.

22

Did Abdul Kadir do any of those things in

I think I'm back -- right there, 31 May 2007.

What

23

was he doing that day.

Let's take a look at his flight

24

documents, Government Exhibits 150, 154, 155 and 156 because

25

that will tell us what he was doing.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

4851

That day -- well, from these, 155 -- can you zoom

out a little bit -- and 154 we know that he was paying for his

tickets.

And look here, he gets his receipt May 31st, 2007 buying his

ticket.

issued and how did he pay.

cash.

says in cash.

He paid 82,400 Guyanese dollars on May 31, 2007.

And if you look at his itinerary, May 31st, 2007 it's

He gets his receipts.

You go back, you'll see paid in


On one of the other documents it

When does a person buy plane tickets for a trip

10

halfway across the world the day he leaves in cash.

11

the answer from your common sense.

12

day he leaves when he's in a huge hurry, right, and he buys it

13

in cash when he doesn't want a credit card account of the

14

transaction.

15

MR. NKRUMAH:

16

THE COURT:

17

MR. MILLER:

You know

A person buys a ticket the

Objection.

Overruled.
But there's more, because Kadir also

18

got his passport and his visa on May 31st, 2007.

19

Take a look at page 11 of Government Exhibit 152, Kadir's

20

passport.

21

renewed May 31, 2007.

22

passport renewed, if you could skip to I think page 15.

23

is his Venezuelan visa.

24

May 31, 2007.

25

Take a look.

Take a look.

Take a look at this document, it's


Buying his ticket in cash, getting his

I wonder when he got that.

Here

Oh,

So, he's also gone to the Venezuelan embassy to get

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

4852

his visa that same day.

the day he's flying out when he's headed halfway across the

world to a long scheduled annual conference that happens the

same time every year that he hasn't been to in 17 years.

Are these the things a person does on

Take a look at his date book, Government

Exhibit 161.

In May he has entries for important dates.

Let's take a look.

coming in from the U.S., that's Russell Defreitas and Steven

Francis; the brothers leave for Trinidad and Tobago, that's

Among other dates you see the brothers

10

Russell Defreitas, Abdel Nur and Steven Francis heading out.

11

Pretty important dates, only put six or seven dates, put the

12

really key dates in his book.

13

what Mr. Nkrumah said, this meant a lot to him.

14

So, he cared a lot, despite

Turn to the next page.

No

15

conference.

16

information about where it's being held, nothing.

17

thought, if he's going to a conference that started on

18

June 2nd, 2007, what's he doing in Trinidad and Tobago on the

19

other side of the world, and you can look in this passport,

20

without an Iranian visa yet in the middle of the day on

21

June 1st, 2007.

22

Iranian visa and jump a flight to Iran halfway across the

23

world; add in the time difference, he's not even going to make

24

his conference.

25

Hmm.

Where is the conference?

Nothing, no hotel reservation, no


One more

He still has to fly to Venezuela, get his

MR. NKRUMAH:

Objection.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

THE COURT:

MR. MILLER:

4853

Overruled.
So, what's really going on, why is

Abdul Kadir dropping everything at the very last minute,

scurrying around and heading off to Iran and why is he trying

to hide what he's doing by claiming he's going to an annual

conference that he clearly hadn't planned to attend having had

no real viable passport, no visa and no plane ticket.

what happened in the week before May 31st, 2007 that would

require a quick trip to Iran.

10

I submit you know the answer.

Well,

Remember what Kareem

11

Ibrahim told Russell Defreitas about the next step in the plan

12

just days before Kadir drops everything and scrambles to get

13

to Iran for the first time in 17 years.

14

this is on 225-T, page 20, he wanted to send somebody out to

15

Iran, a trusted brother to discover the revolutionary movement

16

there and speak to top men, the top people of the

17

revolutionary movement about the plan.

18

Ibrahim said, and

And then he says something important, he doesn't

19

have the plan but he is saying that he has access to the plan.

20

That's what Kareem Ibrahim said.

21

description, who has contacts in the revolutionary movement,

22

the top people of the revolutionary movement in Iran, Abdul

23

Kadir.

24

the documents.

25

Iranian contacts without having to bring the video or the

And who fits that

You know that from his testimony, you know that from
Who knows the plot well enough to pitch it to

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

4854

images with him and you know he wasn't going to take the

images, he's the one who told Steven Francis to make sure no

one carried the images on them in Trinidad.

Abdul Kadir.

Kareem Ibrahim described what Abdul Kadir was doing

to a T, heading to Iran with knowledge of the plan to attack

JFK Airport to pitch the plan to his contacts, contacts like

Mohsen Rabbani and other high ranking Iranian revolutionary

leaders but, members of the jury, as I said, you don't have to

find that Mr. Kadir was going to Iran, though I submit the

10

inference is obvious given all the evidence, the question is

11

did he agree to be a member of this plot and you have tape

12

recording after tape recording about that.

13

Now, quickly I want to touch for a moment on these

14

photographs, the boogeyman photographs I think they were

15

called by Mr. Nkrumah.

16

photographs.

17

and she said he's a good peaceful Imam with a mosque -- with a

18

dream of building a mosque.

19

photographs.

20

doesn't call the cops.

21

detective.

22

people out of his home.

23

Imam with a dream to build a mosque.

24

Obviously, to give all the advice and support and agreement to

25

the plot.

What is the point of these

Ms. Messina got up here on opening statements

What is the point of these

He is approached about a terrorist attack.

He

Remember he has a friend Tony, the

He doesn't call the cops.

He doesn't throw the

Is that the action of a good peaceful

HOLLY DRISCOLL, CSR

I submit not.

OFFICIAL COURT REPORTER

Rebuttal - Miller

4855

But also take a look at these photos, are these the

photos of a true peaceful religious leader that Ms. Messina

talked about.

religious leaders draft development plans that include

infiltration of their native country's government including

the use of forged documents and military as well as religious

training.

8
9

I submit not.

By the way, how many true

I submit to you none.


But let's look at this.

pose with high powered weaponry.

How many religious leaders


Mr. Nkrumah spent a little

10

time talking about these guns and we heard witnesses saying

11

they were fake but it doesn't matter.

12

guns and poses in militant poses and, by the way, apparently

13

one of these guns is real, this one here on the left side,

14

that's what the testimony was.

15

decide they're playing with four fake guns so you decide to go

16

get a real gun to inject a real gun into the situation.

17

that sound like it makes any sense.

18

these guns.

19
20
21

Who grabs these five

The idea is your grown kids

Does

Take a close look at

Can you show the other photo.

This one here, can

you zero in a little bit on that one.


It's got a rusty screw.

These are the plastic guns

22

that the investigator said he bought one that doesn't look

23

much like this.

24

plastic gun with a rusty screw?

25

It's got a rusty screw here.

Can you go up a little bit.

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

That's a toy

Rebuttal - Miller

4856

Pulling the ejector pin and swinging out the

cylinder where the bullets go right here in her hand.

a toy plastic gun?

bullet.

And don't forget about that assault rifle

He told you that this gun -- zoom out -- this gun is

the real one.

assault rifle bullets if all these guns are fake.

8
9

That's

That's not an assault rifle.

Why would he have

So, why is he telling you something that's not true.


It's the same reason he told you things that weren't true

10

about his connections to Iran on the witness stand and then

11

when shown documents had to admit that he did have

12

relationships and was providing information to Iranian

13

officials, same reason he lied to you about Abu Bakr and his

14

relationship with Abu Bakr when he said I didn't know him, I

15

only met him once and then on tape he said he lived with him

16

for three years in Trinidad.

17

you should ignore the tapes where he agrees to be part of the

18

plot.

19

he's just pretending because he knows that if you know about

20

his connections to Iran and if you know that he's friends with

21

Abu Bakr and if you know that he's got many serious weapons

22

and if you know all these things, you won't believe him when

23

he says something else that's not true which is that when he

24

said he was a part of the conspiracy, when he helped the

25

conspiracy move forward he was just pretending.

He's trying to convince you that

He's trying to convince you to believe him when he says

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

4857

One last point and then I'll finish up.

Mr. Kadir

said that this is a cultural thing, that the reason he kept

working with these terrorists was because Muslims don't

confront people when they're plotting to commit terrorist

attacks, instead they welcome in terrorists if they're

travelers in your country.

Muslims don't treat terrorists any different than any other

people.

help them with their terrorist plots because they're Muslim.

It borders on the offensive.

They don't welcome terrorists into their homes and

10

People who welcome people into their homes who are terrorists

11

and knowingly and intentionally agree to help people with

12

those plots are guilty of a crime.

13

conspirators.

14

They're terrorists'

It has nothing to do with their religion.

Members of the jury, the defendants have argued that

15

the government wasted money here, that the government

16

overreacted.

17

country and to do it in a manner that's consistent with the

18

Constitution and laws of this country.

19

enforcement took in this case was focused on those goals,

20

protect the country from attack, gather evidence to present in

21

a court of law and do so in a manner that's lawful and

22

appropriate.

23

prosecuting terrorism defendants in a court of law is

24

expensive, so be it, that's the price of freedom.

25

Well, the government's job is to protect this

Every step that law

And if protecting this country and charging and

This case is an example of how law enforcement

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rebuttal - Miller

4858

should operate from inside the United States and abroad.

Russell Defreitas and Abdul Kadir and their co-conspirators

conspired to attack this country and this city and JFK

Airport.

kill U.S. citizens.

Kadir for months to identify soft targets at the airport, find

money and explosives, take their plan to experienced

terrorists like Shukrijumah and Bakr.

They wanted to hurt the U.S. economy, they wanted to


Russell Defreitas worked for a year and

United States law enforcement used every legal and

10

appropriate tool to develop evidence to prosecute the

11

conspirators in a court of law, that's its job, and now it's

12

time for you, the jury, to assess the evidence, that's your

13

job, look through all the evidence.

14

listen to the defendants' tape recorded statements in which

15

they engaged in the conspiracy to attack JFK Airport, engaged

16

in the very crimes charged, when you look at all the other

17

evidence, the documents, the photographs, the testimony, when

18

you use your common sense I submit you'll find there's only

19

one verdict consistent with all that evidence and that's a

20

verdict of guilty, guilty for Russell Defreitas, guilty for

21

Abdul Kadir, guilty as charged.

When you do, when you

22

Thank you for your patience and for your attention.

23

THE COURT:

24

Okay, ladies and gentlemen, I know it's been a

25

Thank you, Mr. Miller.

really long day so you can go home, rest up because tomorrow

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

4859
1

is going to be a pretty long day as well.

for you to come back at 9:00 tomorrow again.

sure that you're all bright-eyed and bushy-tailed so make sure

you go to bed early today and rest up, all right.

I'm going to need


I want to make

Remember what I've been telling you all day and what

I've told you every single day since the trial started, it is

very important that you keep an open mind, that you're not

drawing any opinions or conclusions about the case.

you still have not heard my instructions on the law and you

Remember

10

have not had an opportunity to actually start deliberating

11

with each other and considering the evidence.

12

You cannot talk about the case among yourselves or

13

with anyone else, whether it's at home or any other place.

14

You cannot look at, read, listen to over any kind of media

15

anything that might be reported in connection with this case

16

or do any kind of independent research or investigation in

17

connection with this case over any kind of media.

18

So, the next step tomorrow is going to be my giving

19

you the instructions on the law and then you will begin to

20

deliberate.

21

For our alternate jurors just so that you know what

22

will happen tomorrow, once you hear the -- once I give the

23

instruction on the law to all of you together, you will then

24

be segregated from our 12 jurors but we're going to keep you

25

around.

As you've already seen today near the end of the

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

4860
1

case, one of the jurors was unable to finish out her service

and so the alternates play a very important role in enabling

us to keep the case going in the circumstance if it should

happen that one of the 12 jurors should not be able to finish

out their duty in this case.

happen.

yourselves, okay.

8
9

We hope it's not going to

So, you all have to take very good care of

All right, so we'll see you tomorrow at 9:00.


up.

10

(Time noted:

6:10 p.m.)

11

(Jury leaves courtroom.)

12

(Continued on next page.)

13
14
15
16
17
18
19
20
21
22
23
24
25

HOLLY DRISCOLL, CSR

OFFICIAL COURT REPORTER

Rest

U.S.A. v. DEFREITAS and KADIR

(Time noted: 6:08 p.m.)

THE COURT:

3
4

4861

You can all have a seat.

The jury is no

longer present.
As I had indicated early this morning before we

started with the summations, the Court will incorporate into

the final charge the revised aiding and abetting charge and

the limiting instruction that was requested by counsel.

8
9

Then, as soon as that is done, the Court will post


that electronically.

If counsel likes, we can have that

10

e-mailed to you as well as if you would like to have it in

11

that format.

12

MS. WHALEN:

I would like that.

13

THE COURT:

So we will do that.

14

Is there anything else that you want to raise?

15

There was the issue about the exhibit list.

16

a chance to review that and conform it?

Have you all had

17

MR. JONES:

Yes, Your Honor.

18

I circulated a list to the parties yesterday and

19

hard copies today.

I think we are all in agreement that it

20

all looks good.

21

file a final copy because I didn't want to file a draft.

I will speak to counsel afterwards.

22

THE COURT:

Yes.

23

MR. JONES:

I will file it this evening.

I will

It is

24

complete and ready to go.

I compared it to Your Honor's list

25

and the parties list, and I think we are all in agreement.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR

THE COURT:

4862

That exhibit list can be given.

Just so

we're all on the same page, that exhibit list can then be

submitted to the jury so that if they want to request any

particular piece of evidence, they know what to ask for.

Is everybody in agreement with that?

MR. JONES:

MS. WHALEN:

MR. NKRUMAH:

Yes, Your Honor.

MR. KAMDANG:

Your Honor, just one more issue with

Yes, Your Honor.


Yes, Your Honor.

10

respect to whether or not the Court is going to give the

11

entrapment language and the defense theory instruction.

12

I think our position is that -- I think Ms. Whalen

13

did an admirable job of backing off since the concerns the

14

government had.

15

necessary.

16

I don't think that that language is

I think Mr. Nkrumah's, from my listening, summation

17

tends to be more about lack of evidence than pressure,

18

manipulation, in terms of the concerns that the government

19

raised.

20

So I think our first choice would be that none of

21

the language from either side included.

22

inclined to include the entrapment language, then we would ask

23

for our theory of defense in the instructions as well.

24
25

MR. JONES:

But if the Court is

Your Honor, from the government's

prospective, I think we disagree with how Ms. Whalen navigated

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR

4863

that shift.

government had left these guys to their own devices.

She said that nothing would have happened if the

She said that the government was clearly frustrated

and that the jury would notice the government was offering all

these, and I think she called them goodies.

Mr. Francis was handing out treats to her client.

Russell Defreitas was continuing to go along with Mr. Francis'

proposals.

the surveillance video would never have been made.

10

She said that


And that

That if Francis hadn't brought them together, then

Those are entrapment arguments.

And if they are not

11

entrapment arguments, they're certainly entrapment like

12

arguments.

13

they would be making an attempt for a back door entrapment

14

defense rather than coming with the rights of an affirmative

15

defense.

16

I think it's like we feared and like we predicted,

Because they did that despite Your Honor's warnings,

17

we ask that the jury be instructed that entrapment is not a

18

defense in this matter.

19

MS. WHALEN:

Your Honor, just for my comment.

20

believe that I summed up the way that I informed everybody I

21

would be summing up.

22

that he had other reasons to accept the things that were

23

offered to him.

24

he had an intent to commit this crime.

25

I'm not going entrapment.

I'm going

Accepting those things does not indicate that

We've made our position known.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

I'll defer to the

U.S.A. v. DEFREITAS and KADIR

4864

Court.

summation were entrapment or entrapment like.

arguing that a person could have a reason to accept these

things and not be joining a conspiracy and not be

demonstrating a conspiracy.

But I don't think that the statements that I made in

THE COURT:

I think it was

I had mentioned on Friday one of the

reasons why I wanted to reserve decision on it and held it in

abeyance was to have the opportunity to hear the summations

from all of the parties.

10

I think that perhaps while the defense may have come

11

somewhat close to an entrapment like defense, I don't think

12

that it rises to any level where the proposed charge that the

13

government suggested should be given by the Court.

14

I think that the government, in its rebuttal, was

15

able to address all of the points that were raised by both the

16

defense counsel, again alerting the jury to the fact that that

17

it was before Mr. Francis even came.

18

the -- direct evidence that points to Defendant Defreitas

19

having hatched a plot, if you will.

20

Evidence that points to

I think that there might be some confusion.

I think

21

to give the kind of charge that's requested, I think would

22

likely create more confusion than not.

23

of the summations taken together, including the government

24

summations, I think that given the charge that the Court is

25

going to give wherein the elements of intent and knowing are

Given the tenor of all

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR

1
2

4865

heeded.
The elements required for conspiracy and, in

particular, for these conspiracies which are a little

different from the common law conspiracy in that it doesn't

require an overt act, I think the charges themselves repeat

some of these elements over again.

I think that the parties have ably argued the

evidence from their prospective as to what proof there is that

satisfies all of those elements.

10

If the jury comes back and says what about

11

entrapment, then we'll talk about it then.

12

all of the summations together, I think that the danger that

13

the government is concerned about is minimal at best.

14

MR. JONES:

I think, taking

For purposes of the record, it sounds

15

like Mr. Kamdang was suggesting if Your Honor was inclined not

16

to give the entrapment defense instruction, that they were

17

withdrawing the request for the theory of defense instruction.

18

THE COURT:

19

defense instruction.

20

hand-in-hand.

21

Well, I'm not gonna give the theory of


It seemed to me that they went

MR. KAMDANG:

That's correct.

I think maybe the

22

record is a little muddy on what I said.

23

In light of Your Honor's ruling, if the entrapment language

24

isn't given, then we did submit a theory of defense

25

instruction.

We'll withdraw that request.

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

Mr. Jones is right.

But we'll reserve,

U.S.A. v. DEFREITAS and KADIR

4866

obviously, in the situation that you talked about where

there's a note about entrapment in some sort of language from

the jury, we might renew that request.

we're happy to withdraw it.

But at this point,

MR. JONES:

Thank you, Your Honor.

THE COURT:

Anything else?

I'm also assuming that Defendant Kadir also has

submitted a theory of defense request.

withdrawn as well.

I'm assuming that is

10

MR. NKRUMAH:

11

THE COURT:

12

(Whereupon the matter was adjourned to July 27,

13

You are correct, Your Honor.

I'll see everybody at 9:00 tomorrow.

2010, at 9:00 a.m.)

14
15
16
17
18
19
20
21
22
23
24
25

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

4867
1
2

INDEX
WITNESS:

PAGE:

3
SUMMATION - MS. AHMAD

4646

SUMMATION - MS. WHALEN

4708

SUMMATION - MR. NKRUMAH

4762

REBUTTAl SUMMATION BY MR. MILLER

4805

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

U.S.A. v. DEFREITAS and KADIR

$
$30 [1] - 4696:14

'
'82 [2] - 4786:7, 4786:10
'90s [1] - 4822:19

0
07-CR-543 [2] - 4633:3, 4634:25

1
1 [10] - 4637:15, 4637:19, 4637:23,
4642:4, 4642:23, 4643:13, 4643:17,
4644:5, 4644:14, 4775:8
100 [4] - 4634:4, 4666:19, 4772:14,
4812:16
10013 [1] - 4634:5
10026 [1] - 4634:2
101 [2] - 4710:20, 4820:10
10th [3] - 4754:1, 4754:3, 4755:16
11 [1] - 4851:19
111th [1] - 4634:1
11201 [3] - 4633:16, 4633:24, 4634:9
116 [1] - 4634:1
11:40 [2] - 4705:12, 4706:6
11th [1] - 4755:19
12 [2] - 4859:24, 4860:4
12:00 [3] - 4705:10, 4706:4, 4707:3
15 [5] - 4679:10, 4704:13, 4717:15,
4804:15, 4851:22
15-minute [1] - 4804:3
150 [1] - 4850:24
152 [1] - 4851:19
153 [1] - 4850:21
154 [2] - 4850:24, 4851:2
155 [2] - 4850:24, 4851:1
156 [1] - 4850:24
161 [1] - 4852:6
162 [1] - 4784:23
17 [3] - 4850:11, 4852:4, 4853:13
1982 [1] - 4781:6
1984 [1] - 4791:9
1990 [1] - 4850:11
1990s [3] - 4718:7, 4817:8, 4817:9
1991 [2] - 4717:2, 4717:17
1994 [1] - 4750:24
1995 [1] - 4717:16
1996 [1] - 4717:16
19th [3] - 4797:16, 4797:18, 4797:19
1st [1] - 4852:21

2
2 [1] - 4644:13
20 [3] - 4719:17, 4770:7, 4853:14
20-year [1] - 4767:13
2000 [1] - 4750:1
2001 [2] - 4750:1, 4750:19
2002 [1] - 4750:20
2006 [16] - 4647:9, 4648:19, 4648:25,
4661:19, 4662:1, 4663:9, 4665:6,
4666:1, 4668:6, 4668:22, 4701:17,
4710:21, 4710:23, 4713:20, 4763:4,
4763:5
2007 [28] - 4646:9, 4647:9, 4668:6,
4669:6, 4678:2, 4684:4, 4696:7,
4701:18, 4732:19, 4753:12, 4753:16,
4753:20, 4753:23, 4754:1, 4754:3,
4846:17, 4850:12, 4850:20, 4850:22,
4851:3, 4851:4, 4851:5, 4851:18,
4851:21, 4851:24, 4852:18, 4852:21,
4853:8
2010 [2] - 4633:8, 4866:13
202 [1] - 4714:22
203 [1] - 4714:23
204 [1] - 4747:15
206 [1] - 4722:9
208 [2] - 4721:12, 4826:18
211 [1] - 4826:18
212 [1] - 4669:21
214 [2] - 4731:17, 4732:6
215 [2] - 4732:12
216 [1] - 4732:19
218 [1] - 4738:5
219 [3] - 4780:8, 4780:9, 4780:10
219T [1] - 4780:10
22 [2] - 4717:23, 4724:4
221 [1] - 4738:6
223 [3] - 4683:17, 4735:12, 4736:13
224 [5] - 4739:11, 4801:2, 4801:3,
4837:22, 4845:3
225 [2] - 4634:9, 4845:3
225-T [1] - 4853:14
226 [1] - 4744:7
229 [1] - 4722:12
230 [2] - 4739:12, 4741:6
25 [2] - 4764:20, 4796:4
26 [1] - 4633:8
26th [1] - 4753:23
27 [1] - 4866:12
270 [7] - 4727:14, 4753:1, 4753:3,
4753:10, 4753:25, 4829:8, 4829:17
271 [1] - 4633:16
28 [1] - 4753:16
2:45 [1] - 4760:3
2:55 [1] - 4761:15
2nd [2] - 4850:12, 4852:18

3
30 [2] - 4730:9, 4828:7
302 [1] - 4754:20
302s [2] - 4767:6, 4767:9
31 [4] - 4850:22, 4851:3, 4851:21,
4851:24
31st [6] - 4717:17, 4850:20, 4851:4,
4851:5, 4851:18, 4853:8
34th [3] - 4721:14, 4721:16, 4722:2
3D [2] - 4732:16, 4732:18

4
40 [2] - 4796:22, 4801:6
401 [1] - 4639:10
4646 [1] - 4867:4
4708 [1] - 4867:5
4762 [1] - 4867:6
48 [1] - 4696:6
4805 [1] - 4867:7
4:50 [1] - 4805:19

5
5 [1] - 4775:8
50 [4] - 4722:13, 4748:4, 4750:25,
4757:17
502 [1] - 4634:4
51 [3] - 4700:4, 4754:24, 4754:25
52 [1] - 4754:24
59 [1] - 4754:24
5th [2] - 4678:2, 4753:20

6
60 [1] - 4754:25
61 [1] - 4754:25
63 [1] - 4669:24
6:08 [1] - 4861:1
6:10 [1] - 4860:10

7
7 [3] - 4678:24, 4732:19, 4846:17

8
8 [7] - 4637:14, 4637:19, 4637:23,
4642:6, 4643:4, 4643:12, 4644:6
82,400 [1] - 4851:3

9
9/11 [8] - 4650:22, 4664:13, 4762:13,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4818:1, 4819:25, 4820:1, 4820:14,
4821:19
9:00 [7] - 4633:8, 4635:17, 4635:21,
4859:2, 4860:8, 4866:11, 4866:13
9:18 [1] - 4634:18
9:30 [1] - 4636:15
9:50 [1] - 4643:22

A
a.m [7] - 4633:8, 4634:18, 4636:15,
4643:23, 4705:13, 4706:6, 4866:13
Abdel [60] - 4648:23, 4668:14,
4680:11, 4680:15, 4682:23, 4685:21,
4685:22, 4685:23, 4711:22, 4712:11,
4726:2, 4727:10, 4727:16, 4727:19,
4727:22, 4727:24, 4728:2, 4728:6,
4736:25, 4737:1, 4737:4, 4737:5,
4737:13, 4737:22, 4738:2, 4738:3,
4738:7, 4738:8, 4738:12, 4738:14,
4738:17, 4738:18, 4741:18, 4741:19,
4752:17, 4752:19, 4753:6, 4753:11,
4754:4, 4754:13, 4754:14, 4754:16,
4754:19, 4763:23, 4763:24, 4764:1,
4764:6, 4765:3, 4779:8, 4779:11,
4811:8, 4818:20, 4829:18, 4833:22,
4843:7, 4843:15, 4852:10
ABDUL [2] - 4633:6, 4781:4
Abdul [141] - 4634:1, 4635:11,
4647:24, 4648:23, 4652:24, 4653:17,
4654:17, 4658:5, 4658:12, 4659:13,
4659:14, 4659:15, 4660:16, 4665:17,
4665:22, 4673:14, 4673:23, 4674:14,
4676:2, 4676:25, 4678:21, 4680:18,
4691:6, 4694:4, 4698:14, 4729:4,
4729:7, 4729:8, 4729:10, 4729:22,
4729:23, 4729:25, 4730:1, 4730:2,
4730:3, 4730:4, 4730:7, 4730:22,
4730:25, 4731:3, 4731:4, 4731:10,
4731:15, 4731:17, 4731:23, 4732:20,
4733:3, 4733:5, 4735:4, 4735:6,
4735:13, 4735:21, 4736:12, 4736:22,
4737:2, 4739:18, 4739:19, 4743:1,
4743:14, 4743:20, 4744:18, 4756:17,
4762:23, 4763:5, 4763:6, 4763:12,
4763:13, 4764:9, 4765:2, 4765:7,
4765:16, 4765:18, 4766:10, 4766:18,
4767:23, 4768:19, 4769:11, 4771:2,
4775:15, 4776:8, 4779:8, 4779:10,
4781:3, 4781:20, 4782:15, 4783:12,
4783:17, 4783:19, 4783:20, 4788:6,
4789:25, 4790:5, 4791:3, 4791:16,
4792:9, 4793:18, 4794:4, 4794:16,
4794:19, 4797:16, 4797:20, 4798:4,
4800:5, 4800:6, 4801:10, 4803:16,
4803:18, 4803:21, 4813:11, 4813:12,
4813:13, 4820:2, 4821:15, 4823:17,
4827:2, 4827:3, 4827:11, 4827:15,
4830:7, 4832:10, 4835:20, 4836:20,
4839:6, 4841:19, 4843:3, 4843:8,

4847:2, 4847:5, 4848:22, 4850:18,


4853:3, 4853:22, 4854:3, 4854:4,
4858:2, 4858:21
Abe [1] - 4787:1
abetting [7] - 4638:8, 4638:15, 4639:5,
4702:9, 4703:5, 4703:10, 4861:6
abeyance [2] - 4641:22, 4864:8
ability [7] - 4650:11, 4721:2, 4728:18,
4732:5, 4741:5, 4744:25, 4756:18
able [14] - 4635:23, 4643:4, 4644:4,
4670:16, 4673:15, 4673:17, 4683:10,
4716:18, 4791:2, 4792:22, 4825:3,
4829:3, 4860:4, 4864:15
ably [1] - 4865:7
abroad [2] - 4675:6, 4858:1
absence [1] - 4715:24
absolutely [5] - 4684:2, 4725:25,
4773:14, 4837:15, 4845:8
absurd [3] - 4830:20, 4836:16,
4840:15
Abu [102] - 4658:4, 4658:18, 4668:8,
4668:15, 4671:12, 4673:4, 4680:8,
4680:23, 4681:4, 4681:9, 4681:15,
4681:18, 4682:8, 4682:14, 4682:19,
4683:11, 4683:13, 4683:22, 4684:6,
4684:18, 4684:20, 4685:1, 4685:9,
4685:14, 4685:22, 4685:24, 4686:1,
4686:4, 4688:18, 4713:6, 4713:8,
4714:16, 4726:2, 4727:10, 4733:7,
4735:14, 4735:22, 4737:24, 4738:4,
4738:7, 4738:18, 4739:5, 4739:12,
4739:13, 4739:15, 4740:8, 4740:10,
4740:11, 4742:24, 4743:23, 4757:16,
4763:19, 4763:20, 4777:5, 4777:7,
4777:8, 4777:11, 4777:12, 4777:15,
4777:17, 4778:6, 4778:10, 4779:7,
4779:16, 4782:2, 4797:18, 4811:7,
4811:8, 4811:10, 4811:14, 4811:17,
4811:19, 4811:21, 4812:11, 4813:2,
4813:4, 4813:6, 4818:21, 4818:23,
4820:22, 4829:2, 4829:23, 4831:25,
4833:21, 4836:2, 4836:4, 4836:5,
4839:18, 4841:3, 4842:20, 4843:5,
4843:7, 4843:16, 4846:5, 4847:13,
4856:13, 4856:14, 4856:21
Abul [1] - 4743:13
accept [5] - 4641:25, 4645:17,
4750:23, 4863:22, 4864:3
acceptance [3] - 4709:18, 4757:3,
4757:6
accepting [2] - 4751:25, 4863:23
accepts [2] - 4653:18, 4654:2
access [4] - 4728:13, 4728:14,
4828:17, 4853:19
accompany [1] - 4680:22
accomplish [7] - 4651:14, 4652:17,
4666:19, 4669:1, 4713:23, 4809:22,
4836:9
accomplished [6] - 4723:23, 4810:15,
4814:2, 4814:15, 4848:6, 4848:7

accomplishing [1] - 4661:5


accomplishment [4] - 4723:21,
4723:22, 4740:2, 4740:4
accomplishments [2] - 4710:1,
4739:22
according [9] - 4683:23, 4710:22,
4753:10, 4777:7, 4778:12, 4786:5,
4792:20, 4798:16
account [28] - 4635:22, 4646:9,
4658:19, 4677:6, 4689:25, 4690:2,
4690:9, 4692:25, 4743:13, 4802:18,
4802:24, 4803:6, 4803:9, 4843:19,
4843:20, 4843:21, 4843:25, 4844:16,
4845:1, 4845:5, 4845:11, 4845:13,
4845:20, 4847:16, 4847:18, 4847:19,
4849:23, 4851:13
accountable [3] - 4703:22, 4703:24,
4704:1
accuracy [2] - 4659:12, 4833:25
accurate [3] - 4645:19, 4819:18,
4843:14
accused [4] - 4667:20, 4790:22,
4790:25
achievable [1] - 4748:18
achieve [1] - 4817:24
achieved [2] - 4710:4, 4748:25
acquaintance [2] - 4664:8, 4770:17
acquitted [1] - 4835:13
act [14] - 4657:10, 4657:17, 4695:20,
4698:9, 4700:8, 4751:11, 4771:18,
4772:5, 4772:8, 4775:9, 4792:20,
4793:10, 4865:5
acting [1] - 4724:20
action [4] - 4648:20, 4660:13,
4725:25, 4854:22
actions [7] - 4647:18, 4650:13,
4652:16, 4662:19, 4689:16, 4752:1,
4810:20
active [1] - 4680:4
actively [1] - 4694:4
activity [1] - 4682:21
actual [4] - 4661:9, 4671:10, 4690:11,
4829:7
adapt [1] - 4639:14
Adbul [1] - 4676:6
add [4] - 4772:7, 4819:24, 4821:14,
4852:23
additional [5] - 4638:2, 4638:7,
4638:21, 4639:5, 4698:8
Addonizio [27] - 4635:5, 4659:18,
4660:5, 4660:12, 4662:14, 4664:1,
4666:16, 4686:4, 4697:19, 4713:19,
4713:21, 4752:21, 4753:1, 4776:14,
4785:19, 4794:22, 4808:2, 4811:18,
4816:24, 4817:2, 4828:3, 4828:6,
4829:10, 4831:7, 4831:20, 4832:2,
4841:18
address [5] - 4636:3, 4636:5, 4641:11,
4744:10, 4864:15
adds [2] - 4688:13, 4748:5

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


adjourned [1] - 4866:12
administrative [2] - 4635:8, 4635:12
admirable [1] - 4862:13
admissible [3] - 4639:8, 4639:18,
4639:21
admissions [1] - 4832:10
admit [5] - 4676:4, 4676:22, 4684:4,
4793:17, 4856:11
admits [1] - 4741:3
admitted [13] - 4659:15, 4659:24,
4660:19, 4746:17, 4751:2, 4751:4,
4755:17, 4768:24, 4771:2, 4834:1,
4836:6, 4841:14, 4849:22
admitting [2] - 4751:5, 4751:8
Adnan [6] - 4658:3, 4667:4, 4667:25,
4763:12, 4764:7, 4818:10
advance [4] - 4663:10, 4849:11,
4849:21, 4850:18
advancing [3] - 4784:10, 4803:19,
4849:25
advantage [9] - 4650:11, 4716:1,
4725:5, 4734:14, 4734:19, 4736:20,
4756:23, 4777:1, 4829:24
advice [30] - 4655:13, 4658:17,
4660:22, 4681:21, 4682:14, 4682:24,
4683:6, 4683:7, 4683:10, 4684:24,
4685:7, 4694:8, 4694:9, 4694:10,
4694:14, 4694:16, 4801:20, 4836:7,
4841:6, 4841:10, 4841:15, 4842:3,
4842:5, 4842:9, 4842:12, 4842:13,
4842:14, 4849:24, 4854:24
advisable [1] - 4682:2
advise [3] - 4682:19, 4694:17, 4695:1
advised [4] - 4638:25, 4640:12,
4849:11, 4849:13
advising [3] - 4658:15, 4675:4,
4835:22
aeronautical [1] - 4717:13
affected [2] - 4701:23, 4702:1
affidavit [4] - 4692:3, 4692:5, 4692:22,
4693:5
afraid [4] - 4740:21, 4741:16, 4742:22,
4742:24
afternoon [5] - 4755:10, 4762:7,
4762:8, 4806:8, 4806:9
AFTERNOON [1] - 4760:1
afterwards [2] - 4746:9, 4861:20
Agent [1] - 4669:23
agents [1] - 4832:2
aggressor [1] - 4654:12
ago [8] - 4660:8, 4678:17, 4679:8,
4717:15, 4765:1, 4789:18, 4840:6,
4847:17
agree [21] - 4637:18, 4640:18,
4641:14, 4644:16, 4654:1, 4654:3,
4658:4, 4658:9, 4691:10, 4696:19,
4708:8, 4729:14, 4743:20, 4761:18,
4762:10, 4762:17, 4805:22, 4839:13,
4843:5, 4854:11, 4857:11
agreed [31] - 4646:24, 4647:3,

4655:21, 4657:16, 4657:23, 4658:13,


4658:25, 4661:21, 4662:12, 4663:2,
4675:1, 4677:15, 4695:3, 4695:25,
4701:12, 4703:20, 4715:23, 4727:10,
4744:1, 4744:2, 4812:18, 4812:19,
4835:4, 4836:12, 4837:1, 4837:5,
4840:1, 4844:18, 4849:21, 4850:9
agreeing [11] - 4657:7, 4657:10,
4658:20, 4662:24, 4700:7, 4733:25,
4806:13, 4808:18, 4836:1, 4841:2,
4845:11
agreement [22] - 4639:17, 4641:3,
4647:5, 4647:7, 4657:8, 4657:13,
4657:20, 4661:22, 4709:23, 4715:19,
4725:3, 4744:25, 4746:5, 4748:19,
4796:8, 4808:6, 4835:12, 4845:9,
4854:24, 4861:19, 4861:25, 4862:5
agreements [2] - 4834:20, 4835:7
agrees [12] - 4637:21, 4680:22,
4689:25, 4714:17, 4737:5, 4737:24,
4740:18, 4741:24, 4842:19, 4845:9,
4845:10, 4856:17
Agriculture [1] - 4676:15
ahead [1] - 4794:20
aHMAD [1] - 4649:5
Ahmad [8] - 4635:3, 4645:25, 4646:2,
4704:5, 4705:16, 4805:5, 4834:4,
4848:12
AHMAD [20] - 4633:18, 4646:3,
4649:16, 4649:25, 4650:9, 4651:10,
4664:23, 4670:5, 4672:2, 4672:18,
4678:7, 4679:4, 4680:2, 4681:1,
4682:19, 4683:21, 4689:11, 4694:21,
4698:4, 4867:4
Ahmad's [1] - 4722:15
Aided [1] - 4634:12
aiding [7] - 4638:8, 4638:14, 4639:5,
4702:9, 4703:5, 4703:10, 4861:6
aimed [1] - 4686:20
ain't [6] - 4781:25, 4789:8, 4798:18,
4799:5, 4801:4, 4810:9
air [4] - 4717:8, 4717:11, 4816:6,
4817:11
Air [4] - 4718:2, 4724:5, 4724:8,
4724:10
aircraft [4] - 4699:7, 4699:8, 4699:10
Aires [1] - 4819:11
airline [3] - 4733:9, 4780:16, 4780:17
airplane [5] - 4697:9, 4699:12, 4700:4,
4845:15, 4845:21
airplanes [3] - 4699:12, 4699:14,
4699:20
Airport [42] - 4646:14, 4647:4, 4647:9,
4649:13, 4649:18, 4655:12, 4655:22,
4656:1, 4658:14, 4659:24, 4660:22,
4661:3, 4662:25, 4690:16, 4695:4,
4695:10, 4699:2, 4700:11, 4700:13,
4701:10, 4702:15, 4703:21, 4708:25,
4709:7, 4711:25, 4718:8, 4720:4,
4745:10, 4808:19, 4828:21, 4833:10,

4839:4, 4839:5, 4839:10, 4844:21,


4844:22, 4844:25, 4845:18, 4848:7,
4854:6, 4858:4, 4858:15
airport [106] - 4646:25, 4647:19,
4650:20, 4651:2, 4651:3, 4651:11,
4657:11, 4657:25, 4660:4, 4661:11,
4662:15, 4663:2, 4667:11, 4669:7,
4669:9, 4672:8, 4672:12, 4681:14,
4694:15, 4695:14, 4696:6, 4696:10,
4696:12, 4697:20, 4698:9, 4700:8,
4700:10, 4700:12, 4701:11, 4701:18,
4702:19, 4703:3, 4703:6, 4716:6,
4716:11, 4716:15, 4716:17, 4716:20,
4717:2, 4717:7, 4717:10, 4717:18,
4717:20, 4718:17, 4720:16, 4720:18,
4723:23, 4724:12, 4731:18, 4744:7,
4745:13, 4806:13, 4806:14, 4807:16,
4808:6, 4808:15, 4809:9, 4809:16,
4809:18, 4810:20, 4811:9, 4811:16,
4812:3, 4813:16, 4813:19, 4814:15,
4814:17, 4815:17, 4815:21, 4816:5,
4816:9, 4816:17, 4816:18, 4816:22,
4817:17, 4817:21, 4820:4, 4820:9,
4820:16, 4821:9, 4821:13, 4822:5,
4822:6, 4822:12, 4822:15, 4822:16,
4822:22, 4824:7, 4824:9, 4825:9,
4827:21, 4830:1, 4830:3, 4830:10,
4830:24, 4831:12, 4833:5, 4833:13,
4835:5, 4835:23, 4836:22, 4840:24,
4840:25, 4842:2, 4845:12, 4858:6
airports [1] - 4649:20
al [4] - 4685:12, 4785:2, 4815:2
Al [15] - 4657:4, 4667:4, 4667:6,
4667:18, 4668:4, 4673:21, 4712:15,
4712:17, 4712:18, 4746:13, 4746:18,
4818:9, 4818:10, 4820:19, 4849:8
Al-Qaeda [3] - 4818:9, 4818:10,
4820:19
alcoholic [1] - 4840:17
alert [1] - 4636:20
alerting [1] - 4864:16
alhemdulilah [1] - 4719:20
Ali [3] - 4664:8, 4848:15, 4848:16
alias [1] - 4780:23
Allah [1] - 4687:9
alleged [1] - 4745:18
alleges [1] - 4775:7
ALLEN [1] - 4633:17
allow [7] - 4641:24, 4735:23, 4735:24,
4744:1, 4773:3, 4773:5, 4773:12
allowed [1] - 4758:9
allowing [2] - 4658:19, 4736:8
alluded [1] - 4713:13
alluding [1] - 4719:5
almost [13] - 4647:7, 4669:10,
4674:15, 4703:17, 4738:12, 4742:5,
4749:15, 4756:2, 4756:7, 4764:20,
4788:13, 4802:18, 4834:6
alone [3] - 4645:22, 4797:18, 4802:11
ALTERNATE [3] - 4643:1, 4643:13,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4643:17
Alternate [6] - 4637:15, 4637:19,
4642:4, 4644:5, 4644:13, 4644:14
alternate [5] - 4637:23, 4642:23,
4643:6, 4782:1, 4859:21
alternates [7] - 4637:4, 4642:7,
4643:16, 4644:6, 4644:11, 4860:2
amazed [3] - 4652:1, 4720:3, 4720:6
amazement [1] - 4720:8
ambitious [1] - 4820:6
amended [1] - 4640:3
amends [1] - 4745:17
AMERICA [1] - 4633:3
America [19] - 4646:10, 4653:21,
4653:24, 4686:23, 4686:24, 4687:1,
4687:2, 4687:13, 4719:24, 4730:21,
4783:15, 4786:15, 4789:7, 4799:1,
4799:2, 4799:3, 4799:11, 4848:13,
4848:19
America's [2] - 4671:19, 4686:21
American [2] - 4650:5, 4697:23
Americans [1] - 4762:14
Americas [2] - 4812:24, 4819:9
amount [5] - 4651:16, 4671:6, 4839:5,
4844:24, 4845:16
amounts [1] - 4750:5
AND [1] - 4634:3
anger [9] - 4648:18, 4648:21, 4649:10,
4650:17, 4651:19, 4822:8, 4822:22,
4822:23, 4822:24
angles [1] - 4752:4
angry [5] - 4648:18, 4650:2, 4673:5,
4833:4
Annas [5] - 4721:16, 4721:18,
4730:13, 4730:16, 4746:11
annas [1] - 4721:21
annual [4] - 4850:4, 4850:7, 4852:3,
4853:5
Answer [3] - 4753:13, 4841:25, 4842:5
answer [13] - 4655:4, 4749:13,
4749:15, 4749:16, 4754:12, 4755:22,
4769:2, 4839:3, 4839:9, 4839:10,
4851:11, 4853:10
answered [3] - 4655:6, 4749:14,
4841:24
answering [1] - 4714:7
answers [2] - 4738:23, 4749:12
anticipate [1] - 4687:20
ants [1] - 4717:9
anxious [1] - 4671:11
anyplace [2] - 4776:7, 4789:5
anytime [2] - 4752:6, 4766:21
anyway [2] - 4736:2, 4811:4
apart [2] - 4672:22, 4748:3
apartment [15] - 4712:8, 4714:9,
4733:16, 4734:7, 4747:6, 4751:14,
4751:18, 4756:23, 4757:1, 4828:2,
4828:3, 4828:16, 4828:18, 4828:20
apologize [1] - 4635:15
appearance [3] - 4635:9, 4635:12,

4635:14
appearances [2] - 4635:1, 4636:4
APPEARANCES [1] - 4633:13
appeared [1] - 4727:9
applied [1] - 4676:16
appreciate [2] - 4636:3, 4792:18
approach [5] - 4654:8, 4777:8, 4813:7,
4843:7, 4848:24
approached [1] - 4854:19
approaching [1] - 4810:22
appropriate [7] - 4638:11, 4640:19,
4641:1, 4826:19, 4829:6, 4857:22,
4858:10
approves [1] - 4689:1
April [1] - 4750:1
Arab [1] - 4821:3
Arabic [1] - 4719:20
Arabs [1] - 4686:24
architects [1] - 4781:24
area [9] - 4669:9, 4670:25, 4671:3,
4671:19, 4700:18, 4813:17, 4821:5,
4822:11, 4822:14
areas [3] - 4670:20, 4672:8, 4697:5
Argentina [1] - 4819:11
argue [9] - 4695:5, 4746:14, 4749:1,
4757:2, 4773:6, 4773:8, 4806:25,
4807:1, 4814:4
argued [10] - 4813:22, 4819:23,
4834:8, 4834:24, 4837:13, 4842:17,
4843:23, 4848:9, 4857:14, 4865:7
arguing [2] - 4723:5, 4864:3
argument [8] - 4641:7, 4807:2,
4807:14, 4814:6, 4830:6, 4836:11,
4836:16, 4848:8
arguments [9] - 4639:25, 4645:2,
4645:8, 4645:15, 4645:17, 4807:11,
4863:10, 4863:11, 4863:12
armed [1] - 4673:23
armor [1] - 4671:20
arouse [1] - 4650:13
arrange [2] - 4666:2, 4827:21
arranged [3] - 4681:13, 4681:17,
4686:7
arrangement [1] - 4730:18
arrangements [4] - 4778:17, 4778:18,
4778:20
arranges [1] - 4690:10
arranging [3] - 4658:17, 4668:16,
4827:21
array [1] - 4823:8
arrest [5] - 4745:3, 4756:4, 4809:10,
4811:15, 4840:1
arrested [12] - 4659:19, 4660:9,
4689:20, 4744:24, 4745:19, 4750:21,
4790:24, 4796:14, 4810:17, 4817:18,
4830:23, 4830:24
arrests [1] - 4755:24
arts [3] - 4674:3, 4674:17, 4742:10
aspects [1] - 4793:6
assault [3] - 4856:3, 4856:6, 4856:7

assess [3] - 4664:19, 4818:4, 4858:12


assessment [1] - 4819:18
asset [1] - 4673:21
assist [2] - 4645:6, 4837:1
assistance [2] - 4777:20, 4777:21
Assistant [2] - 4633:19, 4645:9
assisted [1] - 4803:18
assisting [3] - 4778:22, 4778:24,
4842:10
associated [1] - 4779:10
associates [2] - 4664:12, 4664:14
assume [2] - 4642:6, 4643:9
assuming [2] - 4866:7, 4866:8
assumption [1] - 4675:11
attach [1] - 4830:3
attached [1] - 4817:22
attack [101] - 4647:17, 4648:22,
4650:10, 4650:22, 4655:16, 4655:22,
4657:23, 4658:9, 4658:14, 4658:20,
4659:1, 4660:4, 4660:21, 4661:20,
4661:21, 4661:22, 4662:2, 4662:12,
4662:15, 4663:14, 4664:12, 4664:25,
4666:5, 4667:11, 4667:24, 4668:1,
4670:12, 4670:16, 4672:18, 4672:24,
4673:10, 4673:17, 4673:24, 4678:12,
4680:23, 4681:5, 4682:7, 4687:6,
4688:9, 4690:8, 4690:11, 4690:16,
4690:24, 4691:10, 4692:8, 4693:15,
4695:18, 4695:24, 4697:19, 4699:7,
4700:24, 4701:25, 4703:21, 4704:1,
4806:13, 4808:6, 4808:15, 4808:19,
4808:21, 4810:2, 4810:19, 4811:9,
4812:18, 4813:16, 4814:16, 4816:11,
4816:17, 4817:16, 4817:17, 4817:24,
4818:24, 4819:12, 4819:24, 4819:25,
4820:4, 4820:14, 4820:21, 4821:13,
4821:19, 4824:9, 4828:21, 4829:7,
4830:1, 4830:10, 4830:24, 4831:12,
4832:18, 4834:22, 4834:23, 4835:4,
4836:22, 4844:21, 4844:22, 4844:25,
4845:12, 4845:18, 4854:5, 4854:19,
4857:20, 4858:3, 4858:15
attacking [4] - 4649:18, 4650:20,
4654:16, 4814:15
attacks [10] - 4650:23, 4667:20,
4682:9, 4812:22, 4812:24, 4813:3,
4820:9, 4829:2, 4857:5
attempt [2] - 4656:9, 4863:13
attempted [1] - 4657:15
attempting [2] - 4827:21, 4840:23
attend [1] - 4853:6
attention [5] - 4636:21, 4648:11,
4665:24, 4682:13, 4858:22
Attorney [2] - 4633:15, 4645:9
attorney [1] - 4749:14
attorney's [1] - 4645:19
attorneys [6] - 4636:4, 4636:6,
4636:20, 4645:16, 4802:10, 4808:17
Attorneys [1] - 4633:19
attracting [2] - 4648:11, 4682:13

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


audience [1] - 4719:25
Audio [2] - 4651:8, 4680:25
audio [33] - 4649:3, 4649:4, 4649:14,
4649:15, 4649:23, 4649:24, 4650:7,
4650:8, 4651:9, 4664:21, 4664:22,
4670:3, 4670:4, 4671:25, 4672:1,
4672:16, 4672:17, 4678:5, 4678:6,
4679:2, 4679:3, 4679:25, 4680:1,
4680:24, 4682:17, 4682:18, 4683:19,
4683:20, 4689:9, 4689:10, 4698:2,
4698:3, 4835:22
audiotapes [2] - 4842:17
August [1] - 4710:23
authorities [1] - 4653:5
Authority [6] - 4651:2, 4669:10,
4676:14, 4701:17, 4817:3, 4822:10
authority [1] - 4653:6
authorizing [1] - 4836:10
automatically [2] - 4641:17, 4794:8
available [3] - 4703:12, 4823:8,
4843:12
avenge [3] - 4648:3, 4687:6, 4687:17
avoid [4] - 4655:11, 4681:22, 4682:13,
4716:14
aware [3] - 4674:3, 4822:13, 4822:17
awhile [1] - 4674:19
Ayatollah [6] - 4653:12, 4653:16,
4654:1, 4784:14, 4784:19, 4848:12

B
backed [1] - 4781:15
background [1] - 4654:22
backing [3] - 4658:6, 4673:10,
4862:13
bad [22] - 4693:8, 4744:22, 4746:18,
4747:1, 4748:6, 4764:7, 4764:8,
4778:15, 4783:15, 4786:23, 4789:12,
4789:25, 4790:12, 4790:13, 4790:14,
4790:15, 4790:16, 4790:18, 4792:23,
4799:3
bag [2] - 4651:1, 4651:6
bail [1] - 4748:14
Baiyna [2] - 4791:16, 4791:24
Bakr [104] - 4658:4, 4658:18, 4668:8,
4668:15, 4671:12, 4673:4, 4680:9,
4680:23, 4681:4, 4681:9, 4681:15,
4681:18, 4682:8, 4682:14, 4682:20,
4683:11, 4683:14, 4683:22, 4684:6,
4684:19, 4684:20, 4684:22, 4685:1,
4685:9, 4685:14, 4685:22, 4685:24,
4686:1, 4686:4, 4688:18, 4713:6,
4713:8, 4714:16, 4726:2, 4727:10,
4733:7, 4735:14, 4735:22, 4737:24,
4738:4, 4738:7, 4738:18, 4739:5,
4739:12, 4739:13, 4739:15, 4740:8,
4740:10, 4740:11, 4740:12, 4742:24,
4743:23, 4757:16, 4763:19, 4763:20,
4777:5, 4777:7, 4777:8, 4777:11,

4777:12, 4777:15, 4777:17, 4778:6,


4778:10, 4779:7, 4779:16, 4782:2,
4797:18, 4811:7, 4811:8, 4811:10,
4811:14, 4811:17, 4811:19, 4811:21,
4812:11, 4813:2, 4813:4, 4813:6,
4818:21, 4818:23, 4820:22, 4829:2,
4829:23, 4831:25, 4833:21, 4836:2,
4836:4, 4836:5, 4839:18, 4841:3,
4842:20, 4843:5, 4843:7, 4843:16,
4846:5, 4847:13, 4856:13, 4856:14,
4856:21, 4858:8
Balai [2] - 4665:14, 4665:16
balancing [1] - 4641:7
band [1] - 4693:14
bank [14] - 4658:19, 4689:25, 4756:5,
4802:18, 4802:24, 4843:19, 4843:20,
4843:21, 4843:25, 4844:15, 4845:13,
4845:20, 4847:18, 4849:23
Bannah [1] - 4849:8
barber [1] - 4713:15
barely [2] - 4684:2, 4693:14
barriers [2] - 4718:12
based [5] - 4702:14, 4727:9, 4748:21,
4832:8, 4833:4
basic [2] - 4659:2, 4822:4
Basin [4] - 4669:17, 4669:18, 4670:14,
4724:5
basis [1] - 4822:9
bastards [3] - 4649:19, 4809:13,
4809:21
bat [1] - 4807:22
Bauxite [2] - 4676:14, 4678:13
Bay [1] - 4704:3
Beach [1] - 4724:6
bear [1] - 4815:18
beards [1] - 4742:10
beat [1] - 4719:3
became [3] - 4637:23, 4686:2, 4711:11
become [6] - 4644:13, 4709:21,
4709:23, 4748:15, 4803:3, 4819:20
becomes [1] - 4716:19
becoming [3] - 4642:5, 4771:9,
4802:25
bed [1] - 4859:4
beer [1] - 4840:18
BEFORE [1] - 4633:10
began [1] - 4646:7
begging [2] - 4737:6, 4788:2
begin [4] - 4645:25, 4708:16, 4762:5,
4859:19
beginning [11] - 4659:25, 4676:13,
4679:23, 4692:5, 4704:17, 4708:1,
4708:2, 4721:12, 4755:13, 4757:20,
4809:12
beginnings [1] - 4840:10
begun [1] - 4653:23
behalf [5] - 4703:15, 4749:10,
4760:17, 4761:25, 4806:3
behaved [2] - 4654:23, 4799:15
behavior [1] - 4746:25

behind [4] - 4651:7, 4768:22, 4801:6,


4836:15
belied [1] - 4677:8
belief [2] - 4653:14, 4802:13
believer [1] - 4653:13
belly [1] - 4722:8
belong [1] - 4737:21
belongs [2] - 4791:12, 4799:8
below [2] - 4690:18, 4694:25
Bennett [2] - 4685:1, 4818:22
BENTON [1] - 4633:15
Bergen [4] - 4669:17, 4669:18,
4670:14, 4724:5
BERGER [1] - 4633:18
Berger [3] - 4635:3, 4646:6, 4657:2
BERIT [1] - 4633:18
Berit [1] - 4635:2
best [29] - 4670:9, 4670:10, 4681:9,
4687:16, 4688:18, 4691:23, 4694:10,
4694:14, 4694:15, 4694:17, 4694:24,
4695:1, 4704:2, 4723:3, 4729:11,
4739:24, 4748:6, 4765:23, 4788:25,
4796:9, 4841:10, 4841:14, 4841:24,
4842:2, 4842:5, 4842:9, 4842:14,
4865:13
better [25] - 4655:6, 4658:2, 4658:15,
4665:12, 4668:25, 4674:24, 4675:4,
4688:13, 4688:15, 4693:20, 4703:8,
4707:17, 4768:23, 4782:19, 4811:14,
4812:7, 4813:1, 4813:6, 4813:9,
4813:10, 4813:17, 4813:19, 4843:10,
4844:13
between [18] - 4647:9, 4657:9, 4675:4,
4675:7, 4675:10, 4676:3, 4678:1,
4692:16, 4692:20, 4705:23, 4738:1,
4741:10, 4747:10, 4747:11, 4747:23,
4761:1, 4816:15, 4828:4
beyond [13] - 4647:23, 4661:1,
4672:13, 4692:1, 4734:20, 4734:22,
4748:7, 4748:8, 4752:9, 4757:5,
4806:19, 4830:20, 4837:7
bidder [1] - 4794:7
big [16] - 4690:22, 4708:21, 4721:17,
4736:19, 4742:18, 4750:9, 4757:19,
4799:18, 4808:8, 4808:10, 4817:24,
4819:25, 4820:23, 4844:24, 4849:11,
4850:15
big-mouth [1] - 4808:10
bigger [1] - 4667:2
biggest [1] - 4830:2
Bilai [1] - 4828:12
Bilal [1] - 4730:10
Bin [1] - 4846:8
bin [1] - 4815:2
bit [13] - 4636:23, 4640:20, 4641:20,
4655:20, 4683:2, 4691:5, 4704:13,
4749:3, 4813:24, 4815:16, 4851:2,
4855:20, 4855:25
bite [1] - 4664:6
bits [1] - 4792:21

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


bitter [1] - 4662:5
black [3] - 4742:9, 4820:12
Black [1] - 4730:5
blank [1] - 4651:15
blanks [2] - 4749:7, 4752:6
blasphemy [1] - 4788:14
blend [1] - 4650:11
bloody [1] - 4686:25
blot [1] - 4836:2
blow [35] - 4646:13, 4646:25, 4647:8,
4647:19, 4655:12, 4661:2, 4662:21,
4672:12, 4672:14, 4687:2, 4694:14,
4694:24, 4695:4, 4695:13, 4697:20,
4699:12, 4700:14, 4701:18, 4708:24,
4711:24, 4713:3, 4740:6, 4745:10,
4745:13, 4769:4, 4813:19, 4827:20,
4833:18, 4836:8, 4840:23, 4841:12,
4841:23, 4842:2, 4842:9, 4842:15
blowing [7] - 4652:6, 4656:1, 4660:11,
4699:13, 4763:11, 4776:18, 4776:19
blown [2] - 4677:25, 4770:15
blows [1] - 4821:5
blueprints [3] - 4768:14, 4785:19,
4790:6
board [3] - 4665:13, 4689:20, 4812:17
boarding [3] - 4777:21, 4778:1,
4778:21
boasting [2] - 4710:10, 4808:16
boatload [1] - 4796:15
bodily [3] - 4696:16, 4696:20, 4696:23
body [2] - 4670:13, 4670:17
bogeyman [6] - 4764:7, 4783:14,
4784:16, 4786:3, 4786:4
boil [1] - 4807:13
boiled [2] - 4648:19
bomb [20] - 4647:3, 4651:1, 4651:6,
4651:12, 4656:25, 4657:7, 4657:10,
4659:24, 4662:24, 4663:2, 4667:4,
4667:6, 4670:7, 4670:9, 4670:23,
4671:5, 4693:21, 4821:1, 4821:7,
4821:10
bombed [1] - 4819:10
bombing [6] - 4668:11, 4684:7,
4695:20, 4698:9, 4818:24, 4841:4
bombs [10] - 4667:9, 4671:1, 4686:25,
4699:18, 4702:15, 4702:17, 4703:14,
4719:9, 4719:10, 4811:15
bona [1] - 4687:5
Bond [1] - 4815:2
boof [1] - 4789:22
boogeyman [12] - 4788:24, 4790:21,
4791:7, 4791:17, 4792:15, 4792:16,
4793:8, 4794:14, 4799:4, 4799:14,
4842:8, 4854:14
book [5] - 4687:24, 4781:1, 4791:9,
4852:5, 4852:12
bordered [1] - 4669:16
borders [1] - 4857:6
borrow [1] - 4731:24
borrowed [2] - 4652:3, 4737:11

bottled [1] - 4823:14


bottom [4] - 4699:16, 4710:9, 4721:13,
4727:14
bought [5] - 4725:9, 4727:12, 4737:8,
4791:20, 4855:22
bound [1] - 4649:12
boy [1] - 4719:8
brains [2] - 4783:25, 4793:14
brand [1] - 4824:24
brand-new [1] - 4824:24
break [12] - 4642:17, 4697:25, 4704:6,
4704:12, 4705:4, 4705:15, 4758:3,
4758:23, 4760:19, 4804:3, 4804:13,
4804:20
breaking [1] - 4724:22
breaks [1] - 4672:22
breeze [1] - 4663:18
brief [2] - 4705:4, 4804:13
briefcase [1] - 4821:8
briefly [1] - 4642:5
bright [1] - 4859:3
bright-eyed [1] - 4859:3
bring [9] - 4636:11, 4642:4, 4643:8,
4643:20, 4663:25, 4679:5, 4708:25,
4760:10, 4853:25
bringing [4] - 4686:18, 4769:8,
4770:11, 4816:16
brings [6] - 4663:19, 4678:7, 4696:14,
4743:6, 4743:10, 4766:15
broken [1] - 4723:25
broker [1] - 4676:6
Brooklyn [5] - 4633:5, 4633:16,
4633:24, 4634:9, 4823:16
Brother [1] - 4779:11
brother [6] - 4652:3, 4652:6, 4653:4,
4688:23, 4739:4, 4853:15
brothers [6] - 4681:16, 4755:14,
4755:18, 4792:1, 4852:7, 4852:9
brought [12] - 4636:21, 4643:2,
4654:17, 4662:11, 4664:2, 4672:6,
4712:22, 4747:21, 4764:9, 4776:2,
4833:13, 4863:8
Bruce [2] - 4713:11, 4808:10
Buenos [1] - 4819:11
build [2] - 4798:14, 4854:23
building [13] - 4634:22, 4648:18,
4648:19, 4672:10, 4690:3, 4698:18,
4698:21, 4700:1, 4731:21, 4731:22,
4765:16, 4845:1, 4854:18
buildings [1] - 4698:23
built [6] - 4698:20, 4699:2, 4717:15,
4717:19, 4718:7, 4817:8
bulk [3] - 4669:13, 4669:15, 4697:6
bullet [9] - 4794:18, 4795:1, 4795:3,
4795:4, 4795:5, 4856:4
bullets [2] - 4856:2, 4856:7
burden [3] - 4645:11, 4704:8, 4734:20
buried [1] - 4749:16
bushy [1] - 4859:3
bushy-tailed [1] - 4859:3

business [36] - 4648:14, 4655:23,


4656:2, 4674:19, 4676:19, 4683:2,
4684:18, 4684:19, 4691:12, 4691:19,
4693:13, 4727:18, 4729:17, 4729:19,
4731:11, 4731:15, 4735:3, 4750:2,
4756:13, 4756:15, 4756:19, 4765:15,
4765:22, 4770:8, 4776:25, 4777:1,
4823:1, 4823:3, 4823:7, 4823:18,
4830:14, 4830:15, 4830:17, 4837:2,
4839:21, 4840:7
businessman [2] - 4665:17, 4688:2
bust [1] - 4756:6
busted [2] - 4796:21, 4796:24
busy [2] - 4657:11, 4730:19
butters [1] - 4739:22
butts [1] - 4726:7
buy [9] - 4647:22, 4723:17, 4727:10,
4733:17, 4737:16, 4737:19, 4752:19,
4829:3, 4851:9
buying [2] - 4851:4, 4851:21
buys [2] - 4851:11, 4851:12
BY [2] - 4633:17, 4867:7

C
cable [1] - 4791:20
Cadman [2] - 4633:16, 4634:9
cake [1] - 4832:14
calender [1] - 4665:7
callous [1] - 4650:11
calm [1] - 4652:10
Calvin [2] - 4684:25, 4818:22
camera [16] - 4709:14, 4721:9, 4722:2,
4722:4, 4722:7, 4722:9, 4722:20,
4723:8, 4723:10, 4723:15, 4723:17,
4812:4, 4816:20, 4816:25, 4824:25,
4825:4
cameras [2] - 4718:10, 4721:18
camouflage [1] - 4820:13
CAMPBELL [1] - 4633:15
candidate [3] - 4687:16, 4739:24
cannot [10] - 4695:3, 4704:25, 4705:3,
4705:4, 4801:11, 4803:3, 4804:8,
4809:18, 4859:12, 4859:14
capability [1] - 4814:21
capital [1] - 4844:25
capone [1] - 4815:2
captured [3] - 4806:11, 4825:9,
4846:16
car [6] - 4652:4, 4669:21, 4669:22,
4669:25, 4703:2, 4765:24
Carbonaro [18] - 4651:2, 4669:9,
4669:12, 4696:5, 4697:4, 4701:16,
4702:22, 4717:10, 4717:14, 4717:21,
4718:6, 4718:14, 4718:23, 4724:11,
4815:19, 4816:13, 4816:23, 4822:10
card [2] - 4717:17, 4851:13
cards [1] - 4781:4
care [11] - 4655:1, 4661:6, 4663:20,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4665:19, 4715:24, 4735:2, 4743:22,
4752:5, 4797:3, 4801:16, 4860:6
cared [3] - 4663:21, 4693:15, 4852:12
careful [6] - 4654:24, 4654:25,
4655:14, 4663:25, 4685:10, 4687:14
carefully [2] - 4775:13, 4775:14
cargo [9] - 4648:12, 4700:18, 4718:23,
4718:24, 4719:6, 4740:17, 4816:1,
4822:16
Caribbean [13] - 4667:5, 4667:14,
4667:19, 4668:5, 4668:9, 4685:11,
4712:20, 4746:14, 4818:11, 4818:15,
4818:16, 4819:22, 4830:2
carried [2] - 4822:12, 4854:3
carry [5] - 4653:7, 4657:15, 4690:13,
4728:18, 4799:19
carrying [2] - 4745:25, 4799:22
cars [1] - 4808:16
case [81] - 4638:6, 4640:20, 4644:8,
4644:25, 4645:23, 4656:17, 4659:7,
4661:19, 4666:24, 4677:5, 4682:2,
4690:7, 4691:22, 4692:4, 4692:5,
4701:16, 4704:19, 4704:23, 4705:1,
4705:6, 4705:7, 4708:23, 4709:1,
4709:2, 4709:4, 4709:6, 4709:20,
4713:25, 4717:11, 4720:9, 4731:1,
4744:17, 4748:6, 4749:6, 4749:21,
4750:24, 4751:2, 4751:10, 4751:12,
4752:21, 4754:22, 4755:2, 4756:6,
4757:5, 4757:11, 4757:13, 4757:22,
4758:7, 4758:8, 4758:11, 4758:13,
4758:14, 4758:16, 4758:17, 4760:14,
4799:1, 4802:8, 4804:6, 4804:8,
4804:9, 4804:10, 4804:11, 4804:12,
4806:11, 4806:18, 4818:19, 4832:7,
4832:25, 4834:3, 4846:23, 4857:19,
4857:25, 4859:8, 4859:12, 4859:15,
4859:17, 4860:1, 4860:3, 4860:5
cash [5] - 4851:7, 4851:8, 4851:10,
4851:13, 4851:21
casually [1] - 4666:3
catastrophic [1] - 4816:4
category [1] - 4660:15
caught [29] - 4647:17, 4655:11,
4655:19, 4664:18, 4670:11, 4671:2,
4671:3, 4672:9, 4681:23, 4682:5,
4682:9, 4692:23, 4740:21, 4742:22,
4751:14, 4806:11, 4806:23, 4806:24,
4808:14, 4812:1, 4812:6, 4814:25,
4824:8, 4835:22, 4836:1, 4836:4,
4836:10, 4836:17, 4841:6
caused [3] - 4649:18, 4650:23,
4696:11
causing [1] - 4646:14
caution [2] - 4655:12, 4655:17
cautious [4] - 4655:18, 4664:15,
4665:10, 4675:20
celebrate [3] - 4784:12, 4784:20,
4850:13
celebrations [1] - 4789:2

cell [13] - 4705:3, 4746:22, 4758:9,


4765:8, 4765:10, 4765:11, 4779:25,
4780:1, 4780:2, 4782:21, 4804:13,
4809:24, 4809:25
Center [4] - 4653:2, 4697:24, 4849:6,
4849:7
center [4] - 4679:6, 4792:4, 4792:5,
4819:11
certain [4] - 4645:13, 4666:9, 4763:11
certainly [5] - 4675:7, 4700:13,
4773:8, 4783:7, 4863:11
chair [1] - 4775:17
chambers [3] - 4641:10, 4641:23,
4642:1
chance [12] - 4640:22, 4664:2, 4664:7,
4681:9, 4682:15, 4691:11, 4704:22,
4756:25, 4813:19, 4835:18, 4861:16
chances [1] - 4683:8
change [5] - 4642:8, 4644:13,
4668:19, 4688:25, 4840:8
changed [9] - 4638:14, 4655:20,
4677:4, 4691:7, 4692:24, 4762:13,
4762:14, 4796:18
changes [2] - 4676:23, 4743:1
changing [3] - 4638:15, 4677:6,
4845:23
channels [1] - 4791:19
chanting [1] - 4798:25
chants [1] - 4798:24
character [5] - 4664:16, 4680:12,
4708:22, 4757:21, 4808:12
characterizations [1] - 4809:1
characterized [1] - 4809:1
charge [32] - 4637:7, 4637:8, 4638:4,
4638:5, 4638:7, 4638:8, 4638:9,
4638:11, 4638:15, 4638:16, 4638:21,
4639:5, 4639:12, 4639:13, 4639:22,
4640:1, 4640:2, 4640:13, 4640:18,
4640:25, 4646:22, 4656:12, 4662:22,
4759:2, 4804:21, 4861:6, 4864:12,
4864:21, 4864:24
charged [19] - 4641:4, 4646:20,
4657:1, 4657:3, 4657:5, 4657:7,
4658:8, 4685:1, 4695:16, 4703:5,
4709:19, 4757:21, 4766:20, 4806:12,
4806:17, 4815:5, 4823:2, 4858:16,
4858:21
charges [15] - 4639:23, 4647:2,
4657:21, 4685:13, 4695:11, 4695:23,
4698:17, 4699:6, 4700:6, 4701:4,
4702:8, 4745:2, 4775:4, 4814:10,
4865:5
charging [2] - 4769:8, 4857:22
chauffeur [1] - 4724:24
chauffeuring [1] - 4716:8
check [6] - 4758:10, 4760:25, 4767:14,
4787:2, 4799:11
checked [3] - 4640:7, 4701:16,
4744:14
cheer [1] - 4784:17

Chef [1] - 4697:6


chemicals [3] - 4666:22, 4824:21,
4833:18
chick [1] - 4719:11
Chicken [24] - 4654:17, 4655:16,
4675:22, 4676:5, 4676:10, 4678:8,
4679:5, 4680:10, 4690:4, 4690:5,
4690:6, 4732:21, 4776:2, 4813:15,
4813:16, 4844:13, 4844:19, 4844:20,
4845:6, 4846:20, 4846:22, 4847:1,
4847:6
chicken [8] - 4655:15, 4675:23,
4676:8, 4676:9, 4676:17, 4676:20,
4719:7, 4847:5
chickens [1] - 4813:18
child [1] - 4796:4
children [9] - 4661:14, 4770:12,
4791:13, 4791:14, 4791:19, 4795:14,
4798:19, 4798:21
chink [1] - 4671:19
choice [4] - 4668:3, 4818:21, 4819:4,
4862:20
chooses [1] - 4655:2
choosing [3] - 4703:23, 4704:1,
4811:7
chose [2] - 4663:16, 4668:14
Christmas [1] - 4828:14
circle [1] - 4664:3
circulated [1] - 4861:18
circumstance [1] - 4860:3
circumstances [2] - 4824:7, 4835:14
citizen [5] - 4648:10, 4650:12,
4652:25, 4700:23, 4701:1
citizens [2] - 4698:14, 4858:5
City [16] - 4710:15, 4714:3, 4714:5,
4714:12, 4714:15, 4714:18, 4714:21,
4715:5, 4715:12, 4715:19, 4715:25,
4716:9, 4725:12, 4733:19, 4747:17,
4756:24
city [2] - 4648:11, 4858:3
claim [7] - 4709:17, 4719:11, 4723:23,
4724:16, 4822:2, 4826:5, 4840:6
claimed [5] - 4676:6, 4677:19,
4693:14, 4723:12, 4839:19
claiming [4] - 4641:3, 4678:3, 4679:8,
4853:5
claims [9] - 4652:1, 4678:17, 4710:5,
4720:8, 4739:23, 4746:19, 4747:13,
4839:14, 4850:12
clarified [2] - 4737:9, 4737:10
clarify [3] - 4640:4, 4640:5, 4655:6
clarity [1] - 4639:10
classic [2] - 4648:8, 4677:4
clear [29] - 4640:5, 4648:25, 4649:9,
4649:20, 4652:19, 4656:9, 4656:10,
4659:11, 4675:10, 4679:20, 4680:14,
4688:8, 4690:19, 4695:9, 4713:11,
4716:19, 4716:25, 4729:23, 4742:12,
4743:21, 4756:16, 4763:4, 4763:6,
4763:8, 4769:2, 4782:2, 4800:13,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4812:7, 4845:23
clearly [10] - 4730:22, 4731:11,
4733:4, 4736:14, 4737:23, 4744:10,
4744:13, 4850:6, 4853:6, 4863:3
CLERK [5] - 4634:16, 4634:21,
4634:24, 4761:13, 4805:18
clerk [1] - 4761:8
client [10] - 4763:7, 4763:8, 4763:9,
4764:5, 4764:23, 4765:6, 4794:1,
4832:17, 4863:6
clients [3] - 4636:7, 4637:12, 4808:18
clients' [2] - 4636:4, 4808:5
clip [3] - 4747:14, 4768:20
clips [1] - 4741:7
clock [2] - 4705:10, 4804:15
close [19] - 4657:6, 4657:13, 4669:4,
4669:11, 4670:22, 4671:2, 4671:9,
4689:1, 4699:23, 4717:24, 4777:12,
4777:16, 4824:2, 4839:22, 4839:24,
4840:12, 4848:16, 4855:17, 4864:11
close-up [1] - 4824:2
closed [2] - 4645:1, 4716:23
closely [1] - 4841:16
closer [2] - 4640:20, 4694:20
closing [4] - 4645:2, 4645:8, 4772:19
clothed [1] - 4788:9
co [2] - 4846:1, 4858:2
co-conspirators [2] - 4846:1, 4858:2
cocaine [2] - 4750:5, 4750:25
coconspirator [1] - 4668:14
coconspirators [13] - 4658:1, 4670:23,
4692:7, 4697:22, 4698:14, 4818:8,
4818:19, 4819:3, 4824:4, 4824:15,
4825:10, 4825:22, 4829:1
code [15] - 4666:15, 4675:17, 4675:19,
4675:22, 4675:23, 4676:4, 4676:7,
4676:10, 4676:22, 4677:3, 4812:5,
4813:12, 4813:13, 4847:6
Code [1] - 4831:23
codes [1] - 4741:23
coincidence [1] - 4798:5
coke [1] - 4796:22
collateral [2] - 4661:7, 4661:16
collected [2] - 4652:11, 4751:19
comb [1] - 4752:6
coming [18] - 4691:17, 4692:10,
4704:15, 4707:14, 4714:2, 4714:4,
4715:2, 4724:5, 4724:6, 4724:7,
4741:2, 4747:6, 4781:2, 4802:24,
4807:8, 4808:17, 4852:8, 4863:14
commemoration [3] - 4783:22,
4850:4, 4850:7
comment [2] - 4814:1, 4863:19
commentary [1] - 4823:22
commented [5] - 4772:17, 4772:18,
4772:20, 4772:23, 4772:24
comments [1] - 4809:9
commerce [3] - 4698:22, 4698:23,
4701:24
commit [24] - 4656:15, 4695:20,

4702:2, 4703:15, 4703:20, 4709:19,


4709:22, 4716:5, 4734:15, 4734:17,
4742:19, 4757:4, 4791:23, 4792:14,
4806:16, 4808:15, 4814:23, 4814:24,
4817:15, 4820:14, 4824:9, 4834:22,
4857:4, 4863:24
commitment [9] - 4664:17, 4664:19,
4686:12, 4687:4, 4690:18, 4742:19,
4808:25, 4809:7, 4837:2
commits [2] - 4748:15, 4811:25
committed [15] - 4655:25, 4665:13,
4684:6, 4687:10, 4688:2, 4689:14,
4691:18, 4775:9, 4808:23, 4813:20,
4815:4, 4819:8, 4821:18, 4841:3
committing [8] - 4661:20, 4663:23,
4738:6, 4749:2, 4771:13, 4790:23,
4793:1, 4806:12
common [23] - 4647:1, 4664:4, 4688:4,
4695:21, 4775:18, 4775:20, 4775:21,
4779:13, 4782:6, 4790:1, 4793:7,
4793:9, 4794:12, 4796:13, 4797:9,
4797:12, 4798:8, 4807:3, 4807:11,
4851:11, 4858:18, 4865:4
communicate [2] - 4675:25, 4676:23
communication [2] - 4676:25, 4743:4
communications [3] - 4641:25,
4676:1, 4743:7
communities [3] - 4789:3, 4796:23,
4796:24
community [1] - 4816:5
company [4] - 4697:7, 4816:1, 4816:2,
4816:3
compare [2] - 4724:3, 4749:13
compared [1] - 4861:24
comparison [1] - 4832:23
compiled [1] - 4669:21
complaint [1] - 4732:15
complaints [1] - 4732:14
complete [2] - 4741:18, 4861:24
completed [2] - 4689:12, 4701:23
completely [3] - 4664:19, 4692:21,
4772:15
completion [1] - 4689:15
composition [11] - 4658:2, 4669:8,
4671:9, 4694:13, 4694:16, 4801:17,
4836:7, 4841:11, 4841:15, 4841:23,
4842:3
compound [1] - 4685:13
comprehensive [2] - 4816:20, 4816:25
Compton [3] - 4753:4, 4753:5,
4753:10
computer [10] - 4672:25, 4674:22,
4705:22, 4722:22, 4728:12, 4732:2,
4761:2, 4761:6, 4769:20, 4788:4
Computer [1] - 4634:12
computers [2] - 4712:4, 4769:5
conceded [1] - 4839:12
concerned [3] - 4685:17, 4844:23,
4865:13
concerning [3] - 4639:7, 4731:3,

4798:4
concerns [2] - 4862:13, 4862:18
conciliate [1] - 4747:22
conclusion [1] - 4644:9
conclusions [6] - 4645:14, 4645:20,
4704:19, 4758:6, 4804:6, 4859:8
concrete [4] - 4648:20, 4652:16,
4685:4, 4694:8
conduct [6] - 4657:16, 4662:16,
4670:16, 4681:21, 4724:12, 4724:19
conducting [4] - 4682:9, 4702:8,
4756:1, 4806:14
confer [1] - 4637:12
conference [9] - 4850:2, 4850:4,
4850:7, 4852:3, 4852:14, 4852:15,
4852:17, 4852:24, 4853:6
confess [2] - 4745:22, 4745:25
confessed [9] - 4666:15, 4697:18,
4808:2, 4811:19, 4831:21, 4831:22,
4831:25, 4841:17, 4841:19
confession [7] - 4647:14, 4659:18,
4662:14, 4677:11, 4686:3, 4832:9,
4833:3
confidential [1] - 4788:1
confirm [5] - 4833:5, 4833:8, 4833:11,
4833:19, 4848:2
confirmed [7] - 4811:24, 4813:15,
4833:1, 4833:2, 4833:16, 4833:22,
4834:6
confirms [2] - 4843:14, 4847:5
conform [1] - 4861:16
confront [1] - 4857:4
confronted [2] - 4692:2, 4692:13
confronting [1] - 4848:19
confronts [1] - 4738:17
confusion [7] - 4641:20, 4643:15,
4692:14, 4840:2, 4846:23, 4864:20,
4864:22
connect [1] - 4795:4
connected [7] - 4672:4, 4705:1,
4705:7, 4758:14, 4795:5, 4804:10,
4804:12
connection [5] - 4639:23, 4692:4,
4745:14, 4859:15, 4859:17
connections [13] - 4667:15, 4673:21,
4686:9, 4688:20, 4689:23, 4790:20,
4830:15, 4837:2, 4839:7, 4839:14,
4839:16, 4856:10, 4856:20
consider [9] - 4639:22, 4656:17,
4731:7, 4731:8, 4775:5, 4802:3,
4802:5, 4802:7, 4804:9
considered [2] - 4638:23, 4654:16
considering [1] - 4859:11
consistent [5] - 4638:11, 4638:12,
4679:14, 4857:17, 4858:19
conspiracies [2] - 4641:4, 4865:3
conspiracy [99] - 4646:21, 4647:1,
4657:1, 4657:8, 4658:9, 4659:2,
4660:3, 4661:22, 4662:18, 4663:24,
4673:14, 4685:2, 4695:13, 4695:15,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4695:18, 4698:12, 4700:21, 4701:22,
4702:7, 4709:10, 4709:22, 4715:20,
4716:1, 4716:5, 4720:18, 4723:6,
4725:4, 4725:8, 4726:1, 4726:7,
4727:22, 4728:23, 4729:3, 4732:1,
4732:23, 4733:20, 4734:1, 4734:12,
4734:24, 4736:10, 4736:15, 4736:24,
4737:21, 4739:9, 4743:10, 4745:7,
4745:15, 4745:18, 4750:6, 4750:20,
4756:12, 4756:21, 4757:4, 4757:18,
4762:24, 4763:4, 4763:5, 4763:10,
4763:13, 4763:14, 4763:17, 4765:7,
4769:8, 4771:9, 4771:21, 4772:15,
4772:16, 4773:8, 4775:3, 4775:8,
4775:13, 4803:17, 4803:20, 4806:13,
4807:8, 4807:15, 4808:20, 4809:8,
4814:12, 4814:16, 4815:7, 4816:17,
4832:4, 4832:5, 4835:4, 4835:21,
4836:21, 4837:1, 4849:20, 4849:21,
4850:9, 4856:24, 4856:25, 4858:15,
4864:4, 4864:5, 4865:2, 4865:4
conspirator [2] - 4810:21
conspirators [10] - 4665:10, 4685:15,
4725:20, 4826:2, 4826:11, 4829:19,
4846:1, 4857:13, 4858:2, 4858:11
conspired [1] - 4858:3
conspiring [9] - 4661:2, 4662:24,
4695:23, 4698:18, 4699:6, 4700:7,
4701:4, 4834:22, 4836:9
constitute [1] - 4773:8
Constitution [1] - 4857:18
consultant [1] - 4770:9
Cont'd [1] - 4788:1
Cont'g [1] - 4839:1
contact [8] - 4726:1, 4726:2, 4733:2,
4776:10, 4789:15, 4818:9, 4818:19,
4819:3
contacted [5] - 4683:24, 4775:25,
4776:1, 4776:13, 4776:17
contacting [2] - 4683:15, 4818:20
contacts [27] - 4654:13, 4654:15,
4658:16, 4675:1, 4675:6, 4677:15,
4677:20, 4678:4, 4678:15, 4678:18,
4678:25, 4679:12, 4680:21, 4684:22,
4731:11, 4732:21, 4739:1, 4739:6,
4741:4, 4776:5, 4776:6, 4839:16,
4839:17, 4853:21, 4853:25, 4854:6
contacts' [1] - 4679:21
contained [2] - 4775:4, 4775:7
context [5] - 4651:25, 4656:17,
4768:25, 4769:1, 4811:12
continue [6] - 4644:8, 4653:22,
4725:11, 4729:12, 4775:10, 4844:8
continued [7] - 4726:11, 4760:14,
4771:24, 4774:3, 4787:4, 4800:14,
4838:10
Continued [2] - 4804:23, 4860:12
continues [1] - 4741:22
continuing [3] - 4734:10, 4761:23,
4863:7

contradicted [2] - 4694:2, 4837:15


contradictory [1] - 4660:18
contradicts [1] - 4845:22
contrary [2] - 4659:3, 4776:21
contributions [1] - 4648:4
control [5] - 4684:10, 4717:8, 4717:12,
4761:8, 4817:11
controls [6] - 4717:8, 4717:12, 4723:3,
4771:21, 4788:17, 4802:10
conversation [51] - 4678:20, 4679:5,
4679:10, 4679:21, 4680:13, 4680:18,
4682:16, 4684:18, 4689:12, 4700:3,
4710:25, 4711:2, 4711:4, 4715:1,
4719:12, 4731:20, 4732:20, 4735:12,
4735:19, 4738:20, 4741:19, 4766:2,
4766:3, 4766:8, 4766:15, 4767:5,
4767:25, 4768:4, 4770:1, 4775:25,
4776:2, 4779:15, 4782:10, 4782:13,
4789:19, 4797:18, 4798:6, 4842:25,
4843:4, 4843:6, 4843:11, 4843:25,
4844:12, 4845:20, 4846:3, 4846:4,
4846:6, 4847:17
conversations [24] - 4659:10,
4660:20, 4675:10, 4675:14, 4678:22,
4712:18, 4714:20, 4714:24, 4716:3,
4720:12, 4738:11, 4742:16, 4756:3,
4765:5, 4765:6, 4766:9, 4768:2,
4782:11, 4782:14, 4783:2, 4842:22,
4843:1, 4848:3
conversing [1] - 4704:23
convicted [3] - 4790:23, 4835:13
convicting [2] - 4762:20, 4803:15
convince [2] - 4856:16, 4856:18
convinced [2] - 4640:25, 4752:18
convincing [1] - 4681:10
cookie [2] - 4806:24, 4806:25
cookies [1] - 4807:1
cool [1] - 4652:10
cooperate [3] - 4708:15, 4796:16,
4796:17
cooperates [2] - 4796:16, 4796:25
cooperating [2] - 4751:8, 4832:12
cooperation [8] - 4744:25, 4746:5,
4748:19, 4748:22, 4748:23, 4749:5,
4776:15, 4834:19
coordinated [4] - 4818:23, 4820:8,
4820:21, 4841:4
copies [2] - 4681:25, 4861:19
cops [2] - 4854:20, 4854:21
copy [3] - 4638:17, 4722:22, 4861:21
core [1] - 4646:23
corner [1] - 4741:18
correct [8] - 4641:19, 4694:17,
4754:10, 4773:2, 4841:24, 4842:4,
4865:21, 4866:10
corroborated [2] - 4674:15, 4832:24
counsel [21] - 4635:4, 4636:7,
4637:12, 4638:13, 4638:19, 4639:15,
4641:7, 4645:3, 4645:8, 4645:12,
4645:24, 4704:7, 4704:21, 4772:10,

4802:12, 4802:25, 4823:23, 4861:7,


4861:9, 4861:20, 4864:16
counsel's [1] - 4639:10
Count [6] - 4662:23, 4698:7, 4698:17,
4700:6, 4700:20, 4702:6
count [14] - 4695:21, 4695:23,
4696:15, 4698:17, 4699:5, 4699:6,
4700:6, 4701:4, 4701:22, 4702:6,
4702:7, 4702:16
countless [1] - 4646:5
countries [1] - 4762:15
country [22] - 4646:18, 4648:17,
4650:9, 4650:14, 4653:22, 4668:4,
4683:25, 4703:25, 4730:10, 4762:17,
4783:13, 4789:3, 4807:17, 4807:18,
4827:23, 4857:6, 4857:17, 4857:18,
4857:20, 4857:22, 4858:3
country's [1] - 4855:5
Counts [1] - 4775:8
counts [5] - 4657:1, 4695:16, 4695:17,
4700:13, 4838:9
county [1] - 4665:22
coup [1] - 4841:4
couple [15] - 4636:22, 4637:24,
4673:6, 4673:13, 4761:3, 4798:24,
4808:4, 4809:9, 4810:16, 4829:21,
4831:18, 4834:7, 4840:10, 4843:20,
4845:15
course [16] - 4658:5, 4675:7, 4678:19,
4704:8, 4715:24, 4755:2, 4817:11,
4821:22, 4824:6, 4828:18, 4828:23,
4829:4, 4829:24, 4838:8, 4845:18
COURT [96] - 4633:1, 4634:17,
4634:20, 4634:23, 4635:13, 4635:16,
4635:19, 4636:11, 4636:16, 4636:20,
4637:16, 4637:20, 4637:22, 4638:23,
4639:6, 4641:16, 4641:25, 4642:3,
4642:13, 4642:22, 4642:24, 4643:2,
4643:14, 4643:19, 4643:21, 4643:24,
4644:2, 4644:21, 4694:18, 4704:5,
4705:14, 4706:2, 4707:4, 4707:9,
4707:11, 4707:14, 4707:17, 4707:21,
4708:2, 4708:4, 4708:6, 4708:13,
4757:25, 4758:21, 4759:1, 4760:2,
4760:8, 4760:10, 4760:14, 4760:24,
4761:5, 4761:7, 4761:11, 4761:16,
4761:23, 4762:6, 4767:9, 4768:9,
4771:17, 4771:19, 4772:7, 4772:10,
4772:13, 4773:5, 4773:17, 4773:20,
4775:1, 4788:16, 4794:25, 4795:17,
4795:24, 4802:2, 4802:16, 4802:25,
4803:3, 4803:23, 4804:19, 4805:2,
4805:8, 4805:10, 4805:12, 4805:20,
4806:2, 4823:22, 4838:7, 4851:16,
4853:1, 4858:23, 4861:2, 4861:13,
4861:22, 4862:1, 4864:6, 4865:18,
4866:6, 4866:11
court [9] - 4771:20, 4773:1, 4773:2,
4773:3, 4796:14, 4809:3, 4857:21,
4857:23, 4858:11

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


Court [20] - 4634:8, 4634:8, 4637:24,
4638:4, 4638:9, 4638:13, 4638:15,
4638:16, 4639:3, 4641:23, 4641:24,
4802:10, 4861:5, 4861:8, 4862:10,
4862:21, 4864:1, 4864:13, 4864:24
Court's [4] - 4636:21, 4641:13,
4641:14, 4705:10
court's [1] - 4773:3
Courthouse [1] - 4633:4
Courtroom [2] - 4761:14, 4805:19
courtroom [15] - 4636:13, 4636:14,
4642:23, 4643:18, 4643:22, 4692:6,
4705:12, 4708:5, 4758:20, 4760:13,
4804:7, 4804:15, 4804:18, 4805:11,
4860:11
covered [2] - 4635:23, 4788:12
coworker [1] - 4770:17
crack [1] - 4750:25
crackpot [1] - 4819:17
crashed [1] - 4652:4
crazy [12] - 4816:21, 4817:4, 4818:14,
4820:7, 4820:10, 4820:13, 4821:5,
4821:11, 4823:6, 4823:12, 4823:18,
4832:6
create [2] - 4690:25, 4864:22
credence [1] - 4773:21
credentials [1] - 4691:4
credit [2] - 4837:13, 4851:13
crew [2] - 4711:20, 4712:10
cried [2] - 4727:3, 4749:23
crime [42] - 4646:24, 4657:13,
4657:14, 4658:8, 4662:23, 4663:23,
4703:11, 4703:14, 4709:22, 4716:5,
4734:15, 4734:18, 4742:20, 4745:25,
4746:4, 4748:15, 4750:13, 4757:4,
4771:13, 4772:21, 4777:4, 4781:14,
4789:8, 4790:18, 4790:23, 4790:25,
4791:22, 4791:23, 4792:11, 4792:13,
4792:14, 4793:1, 4808:2, 4814:11,
4817:14, 4824:8, 4857:12, 4863:24
crimeing [1] - 4793:3
crimes [21] - 4646:20, 4656:16,
4664:1, 4708:22, 4709:19, 4748:17,
4750:22, 4751:2, 4751:5, 4751:8,
4757:20, 4757:21, 4806:12, 4806:16,
4811:25, 4814:23, 4814:24, 4815:5,
4821:25, 4858:16
Criminal [1] - 4634:24
criminal [6] - 4646:9, 4663:24,
4682:21, 4688:4, 4848:13, 4848:19
critical [1] - 4711:8
cross [14] - 4674:4, 4676:3, 4676:21,
4692:3, 4692:22, 4693:2, 4693:23,
4716:7, 4750:25, 4752:24, 4755:17,
4816:19, 4832:11, 4841:14
cross-examination [13] - 4676:3,
4676:21, 4692:3, 4692:22, 4693:2,
4693:23, 4716:7, 4750:25, 4752:24,
4755:17, 4816:19, 4832:11, 4841:14
crossed [1] - 4836:15

crumbs [1] - 4806:24


crying [2] - 4698:1, 4795:10
crystal [2] - 4649:8, 4690:19
cuff [1] - 4652:15
cultural [2] - 4819:11, 4857:2
curative [2] - 4772:7, 4773:24
curb [1] - 4789:22
cures [1] - 4720:23
curiously [1] - 4786:8
current [3] - 4817:7, 4822:10, 4822:17
custody [1] - 4746:16
cut [6] - 4672:24, 4693:6, 4777:2,
4796:15, 4839:23, 4849:3
cutting [1] - 4750:4
cylinder [1] - 4856:2

D
damage [10] - 4650:24, 4661:7,
4661:10, 4661:16, 4671:6, 4696:12,
4697:17, 4700:7, 4701:14, 4816:5
damaged [1] - 4722:23
damages [1] - 4756:14
danger [4] - 4711:3, 4729:10, 4741:15,
4865:12
dangerous [7] - 4739:14, 4762:9,
4762:22, 4803:15, 4811:18, 4813:7,
4822:1
darken [1] - 4742:9
date [6] - 4640:3, 4744:9, 4753:19,
4753:21, 4754:3, 4852:5
dates [6] - 4791:9, 4852:6, 4852:7,
4852:11, 4852:12
daughter [6] - 4785:24, 4785:25,
4786:1, 4788:11, 4791:17
daughters [2] - 4785:25, 4786:1
Dawood [17] - 4710:7, 4711:15,
4712:11, 4712:21, 4712:22, 4712:24,
4714:12, 4714:14, 4715:4, 4715:6,
4715:13, 4727:20, 4728:14, 4755:10,
4755:20, 4755:21
days [19] - 4637:3, 4678:24, 4723:23,
4738:14, 4739:25, 4740:19, 4741:1,
4754:16, 4779:8, 4779:9, 4781:18,
4781:19, 4781:21, 4797:23, 4809:10,
4809:23, 4810:16, 4853:12
dead [1] - 4817:5
deadly [3] - 4652:11, 4667:24, 4819:14
deal [15] - 4663:21, 4665:5, 4667:11,
4702:13, 4741:5, 4746:9, 4770:3,
4777:9, 4781:12, 4790:15, 4793:5,
4794:16, 4799:18, 4834:21, 4835:2
dealing [12] - 4652:8, 4682:22,
4683:11, 4686:2, 4750:17, 4766:22,
4769:17, 4770:3, 4780:16, 4790:17,
4802:19
deals [6] - 4638:8, 4684:13, 4684:14,
4731:20, 4790:12
dealt [2] - 4766:22, 4791:13

10

dear [1] - 4650:6


death [7] - 4687:17, 4696:2, 4704:3,
4719:8, 4740:17, 4784:13, 4850:14
debate [2] - 4666:21, 4666:23
decades [2] - 4649:1, 4762:16
December [3] - 4714:25, 4715:2,
4717:17
decent [1] - 4648:12
decide [14] - 4641:24, 4664:10,
4682:2, 4688:17, 4689:17, 4691:18,
4731:1, 4736:4, 4736:5, 4755:22,
4764:3, 4819:3, 4855:15
decided [14] - 4665:4, 4668:7,
4668:13, 4669:2, 4673:2, 4678:25,
4708:25, 4713:2, 4713:4, 4713:5,
4713:23, 4739:14, 4740:13, 4811:13
decides [6] - 4666:4, 4715:2, 4728:3,
4740:1, 4745:10, 4770:2
deciding [1] - 4703:24
decision [11] - 4636:8, 4640:14,
4667:10, 4667:22, 4667:25, 4668:19,
4668:20, 4674:5, 4826:24, 4826:25,
4864:7
declare [1] - 4821:20
Defendant [7] - 4633:22, 4634:1,
4639:6, 4639:8, 4660:16, 4864:18,
4866:7
defendant [14] - 4647:4, 4647:16,
4652:23, 4695:23, 4708:16, 4805:15,
4805:16, 4806:22, 4814:12, 4827:20,
4830:7, 4836:16, 4845:24, 4850:11
defendant's [2] - 4638:3, 4822:3
Defendants [1] - 4633:7
defendants [48] - 4634:20, 4636:1,
4636:12, 4636:14, 4639:19, 4639:21,
4641:1, 4641:2, 4646:13, 4646:20,
4646:24, 4647:2, 4648:6, 4656:13,
4656:25, 4657:3, 4657:14, 4661:2,
4690:24, 4695:13, 4695:17, 4695:25,
4696:9, 4698:18, 4699:4, 4699:6,
4699:19, 4700:7, 4700:12, 4701:4,
4701:12, 4702:3, 4702:8, 4702:14,
4702:19, 4703:20, 4704:10, 4760:7,
4760:10, 4760:13, 4805:11, 4806:10,
4806:16, 4807:10, 4814:20, 4835:13,
4857:14, 4857:23
defendants' [9] - 4647:23, 4659:5,
4660:15, 4690:16, 4696:15, 4806:19,
4832:7, 4832:19, 4858:14
Defenders [2] - 4633:23, 4635:7
Defense [1] - 4714:22
defense [34] - 4638:4, 4638:6, 4639:9,
4639:15, 4640:13, 4640:16, 4640:17,
4640:25, 4641:7, 4645:8, 4651:22,
4660:8, 4704:6, 4704:7, 4707:11,
4707:15, 4749:14, 4808:17, 4832:16,
4834:8, 4836:15, 4862:11, 4862:23,
4863:14, 4863:15, 4863:18, 4864:10,
4864:11, 4864:16, 4865:16, 4865:17,
4865:19, 4865:24, 4866:8

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


defer [1] - 4863:25
definitely [2] - 4678:18, 4679:13
definitively [1] - 4678:4
Defreitas [495] - 4633:22, 4634:25,
4635:8, 4636:16, 4637:14, 4638:14,
4641:8, 4647:14, 4647:24, 4648:6,
4648:8, 4648:16, 4648:21, 4648:25,
4649:7, 4649:10, 4649:17, 4650:11,
4650:25, 4651:4, 4651:21, 4651:25,
4652:10, 4652:21, 4653:5, 4653:8,
4654:17, 4654:24, 4654:25, 4655:7,
4655:13, 4655:22, 4657:22, 4658:13,
4658:18, 4658:25, 4659:13, 4659:14,
4659:19, 4659:24, 4660:6, 4660:8,
4660:21, 4661:20, 4662:1, 4662:3,
4662:5, 4662:8, 4662:10, 4662:11,
4662:13, 4663:1, 4663:8, 4663:12,
4663:14, 4663:17, 4664:5, 4664:6,
4664:10, 4665:9, 4666:1, 4666:15,
4667:12, 4669:3, 4669:6, 4669:17,
4669:25, 4670:5, 4670:15, 4670:19,
4670:21, 4670:23, 4671:11, 4671:21,
4672:3, 4672:6, 4672:22, 4672:25,
4673:4, 4673:9, 4673:14, 4673:20,
4675:10, 4675:25, 4677:10, 4677:11,
4678:2, 4678:8, 4680:8, 4680:15,
4680:20, 4680:22, 4683:3, 4685:16,
4685:21, 4685:24, 4685:25, 4686:5,
4686:10, 4686:15, 4686:20, 4687:3,
4687:5, 4687:7, 4687:19, 4687:20,
4688:10, 4688:14, 4689:4, 4689:7,
4689:11, 4689:14, 4689:17, 4690:10,
4690:22, 4691:3, 4691:12, 4691:15,
4693:11, 4693:12, 4694:4, 4695:4,
4696:24, 4697:18, 4697:23, 4699:22,
4700:14, 4701:1, 4702:24, 4703:7,
4708:17, 4708:20, 4708:24, 4709:3,
4709:6, 4709:11, 4709:13, 4709:16,
4710:6, 4710:10, 4710:11, 4710:13,
4710:14, 4710:19, 4710:23, 4711:3,
4711:11, 4711:13, 4711:14, 4711:16,
4712:11, 4712:24, 4714:1, 4714:4,
4714:10, 4714:11, 4714:15, 4714:18,
4714:24, 4715:1, 4715:5, 4715:21,
4716:4, 4716:9, 4716:10, 4716:11,
4716:13, 4716:18, 4716:19, 4716:24,
4717:1, 4717:6, 4717:7, 4717:20,
4718:4, 4718:7, 4718:10, 4718:11,
4718:14, 4718:18, 4718:19, 4718:21,
4718:25, 4719:4, 4719:24, 4720:2,
4720:10, 4720:11, 4720:13, 4720:17,
4720:21, 4720:25, 4721:7, 4721:20,
4721:22, 4721:25, 4722:2, 4722:4,
4722:5, 4722:7, 4722:8, 4723:5,
4723:7, 4723:12, 4723:15, 4723:16,
4723:17, 4723:20, 4724:17, 4724:20,
4725:2, 4725:6, 4725:9, 4725:10,
4725:12, 4725:19, 4725:24, 4727:6,
4727:20, 4728:10, 4728:15, 4728:19,
4729:2, 4729:4, 4729:13, 4729:14,
4729:16, 4729:18, 4729:21, 4729:23,

4730:1, 4730:3, 4730:4, 4730:9,


4730:14, 4730:17, 4730:22, 4731:5,
4731:9, 4731:12, 4731:14, 4731:17,
4731:19, 4731:20, 4731:24, 4732:5,
4732:7, 4732:8, 4732:10, 4732:14,
4732:17, 4732:22, 4732:24, 4733:1,
4733:2, 4733:10, 4733:11, 4733:12,
4733:14, 4733:16, 4733:18, 4733:19,
4733:23, 4733:24, 4734:1, 4734:5,
4734:6, 4734:7, 4734:9, 4734:13,
4734:20, 4734:25, 4735:1, 4735:2,
4735:5, 4735:8, 4735:18, 4735:20,
4736:5, 4736:6, 4736:11, 4736:16,
4736:21, 4737:1, 4737:2, 4737:5,
4737:8, 4737:9, 4737:10, 4737:13,
4737:14, 4737:16, 4737:17, 4737:18,
4738:16, 4739:8, 4739:12, 4739:13,
4739:14, 4739:16, 4739:21, 4739:25,
4740:1, 4740:12, 4740:18, 4740:20,
4740:22, 4740:24, 4740:25, 4741:13,
4741:16, 4741:17, 4741:21, 4742:1,
4742:6, 4742:14, 4742:17, 4742:22,
4742:24, 4743:3, 4743:6, 4743:9,
4743:12, 4743:17, 4743:19, 4743:21,
4743:23, 4744:12, 4744:13, 4744:18,
4744:24, 4745:19, 4747:13, 4747:17,
4747:20, 4752:12, 4752:19, 4752:22,
4755:4, 4755:24, 4755:25, 4756:2,
4756:9, 4756:11, 4756:17, 4757:1,
4757:10, 4757:13, 4757:14, 4757:23,
4763:8, 4764:15, 4764:17, 4764:21,
4764:23, 4765:19, 4765:24, 4769:21,
4777:22, 4777:25, 4778:8, 4778:9,
4779:21, 4779:23, 4779:25, 4780:20,
4780:24, 4783:6, 4784:5, 4789:20,
4793:17, 4793:22, 4794:1, 4797:25,
4798:1, 4798:2, 4799:6, 4800:12,
4801:4, 4801:9, 4803:19, 4807:13,
4807:25, 4808:1, 4808:20, 4808:22,
4809:15, 4810:12, 4810:23, 4811:6,
4811:13, 4811:20, 4812:1, 4812:7,
4812:10, 4812:20, 4813:9, 4814:4,
4814:14, 4815:2, 4815:6, 4815:16,
4815:24, 4816:7, 4816:16, 4816:21,
4817:4, 4817:19, 4817:24, 4818:8,
4818:14, 4818:18, 4819:2, 4819:14,
4819:18, 4819:20, 4820:11, 4820:25,
4821:13, 4821:15, 4822:18, 4824:10,
4824:13, 4824:17, 4824:23, 4824:25,
4825:2, 4825:5, 4825:21, 4826:5,
4826:8, 4826:11, 4826:13, 4827:8,
4827:10, 4827:14, 4827:25, 4828:4,
4828:10, 4828:16, 4828:19, 4828:25,
4829:4, 4829:25, 4830:8, 4830:9,
4830:10, 4830:13, 4830:19, 4831:4,
4831:11, 4831:14, 4831:17, 4832:10,
4833:2, 4833:4, 4833:12, 4837:9,
4837:17, 4837:21, 4837:24, 4839:2,
4839:22, 4840:4, 4840:12, 4841:17,
4844:11, 4844:12, 4844:15, 4845:4,
4846:2, 4846:7, 4846:8, 4846:9,

4846:21, 4847:4, 4847:10, 4847:14,


4848:1, 4848:6, 4852:8, 4852:10,
4853:11, 4858:2, 4858:5, 4858:20,
4863:7, 4864:18
DEFREITAS [2] - 4633:6, 4636:18
Defreitas' [38] - 4639:6, 4652:9,
4659:18, 4662:13, 4664:3, 4671:1,
4686:3, 4691:10, 4694:12, 4700:3,
4709:24, 4715:19, 4717:16, 4720:3,
4724:24, 4725:7, 4727:25, 4734:23,
4735:3, 4736:10, 4736:11, 4736:15,
4736:24, 4737:21, 4742:20, 4742:21,
4743:11, 4744:16, 4756:20, 4757:6,
4807:14, 4807:23, 4809:6, 4812:11,
4819:23, 4828:7, 4833:1, 4833:9
DeFreitas'own [1] - 4730:6
delay [3] - 4634:21, 4635:25, 4708:13
delays [1] - 4635:22
deleting [1] - 4672:25
deliberate [3] - 4704:24, 4802:2,
4859:20
deliberating [2] - 4741:12, 4859:10
deliberations [2] - 4645:6, 4714:19
delivered [2] - 4651:1, 4751:19
delta [1] - 4718:12
demeanor [1] - 4749:11
demonstrate [1] - 4725:22
demonstrated [1] - 4808:22
demonstrates [2] - 4678:20, 4830:20
demonstrating [2] - 4726:6, 4864:5
deny [2] - 4660:20, 4660:24
department [2] - 4817:3, 4822:15
deposit [1] - 4743:12
deprived [1] - 4653:21
deputy [1] - 4637:1
describe [2] - 4688:11, 4808:18
described [2] - 4663:11, 4854:4
describing [2] - 4661:25, 4845:20
description [5] - 4727:5, 4772:2,
4839:4, 4849:5, 4853:21
designation [1] - 4689:21
desire [3] - 4648:3, 4697:23, 4821:13
desperate [3] - 4649:17, 4743:14,
4752:17
desperately [1] - 4745:5
despite [12] - 4659:17, 4676:18,
4689:13, 4729:22, 4763:8, 4778:25,
4779:2, 4796:12, 4796:13, 4836:11,
4852:12, 4863:16
destroy [11] - 4646:10, 4646:21,
4647:25, 4653:23, 4661:4, 4687:13,
4693:24, 4698:18, 4700:7, 4700:13,
4703:25
destroying [1] - 4650:4
destruction [7] - 4650:24, 4661:11,
4696:11, 4696:17, 4696:21, 4719:8,
4740:17
destructive [4] - 4699:8, 4699:9,
4701:5, 4702:10
detail [2] - 4710:1, 4834:17

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

11

U.S.A. v. DEFREITAS and KADIR


detailed [2] - 4736:13, 4801:23
details [7] - 4646:12, 4711:19,
4785:20, 4793:11, 4831:22, 4834:13
detected [1] - 4816:11
Detective [20] - 4635:4, 4659:18,
4660:5, 4660:12, 4662:14, 4664:1,
4666:16, 4674:7, 4674:8, 4686:4,
4697:19, 4713:19, 4719:10, 4752:15,
4776:8, 4817:2, 4828:3, 4831:6,
4832:2, 4841:18
detective [10] - 4766:25, 4767:13,
4808:2, 4811:18, 4816:24, 4826:10,
4828:6, 4829:10, 4831:19, 4854:21
determination [5] - 4650:17, 4651:20,
4668:24, 4690:18, 4822:25
determine [3] - 4669:7, 4670:8,
4686:12
determined [13] - 4649:17, 4650:2,
4650:4, 4651:17, 4652:14, 4653:23,
4668:1, 4671:15, 4686:5, 4686:15,
4689:14, 4808:21, 4810:1
determines [1] - 4748:21
detonate [2] - 4696:1, 4696:9
devastating [8] - 4651:21, 4670:11,
4672:14, 4682:7, 4682:9, 4690:17,
4697:15, 4704:2
devastatingly [1] - 4666:11
devastation [5] - 4649:21, 4690:25,
4698:5, 4796:22, 4796:23
develop [1] - 4858:10
developed [1] - 4654:13
development [1] - 4855:4
device [1] - 4736:1
devices [2] - 4715:16, 4863:2
devil [3] - 4692:12, 4840:4, 4840:8
devilish [2] - 4693:4, 4693:24
devils [2] - 4693:3, 4693:11
devise [5] - 4699:8, 4699:9, 4701:5,
4701:13, 4702:10
devising [2] - 4648:22, 4650:10
devoted [2] - 4653:12, 4791:18
devouring [1] - 4653:21
diabolical [1] - 4814:22
diagonally [2] - 4643:4, 4643:10
die [6] - 4664:20, 4665:2, 4694:6,
4755:11, 4755:21
differ [1] - 4723:2
difference [3] - 4693:19, 4852:23
different [14] - 4652:24, 4659:20,
4660:18, 4702:3, 4702:6, 4716:14,
4722:21, 4769:11, 4783:15, 4786:17,
4839:20, 4843:21, 4857:7, 4865:4
differently [3] - 4653:8, 4654:23,
4799:15
difficult [5] - 4653:24, 4723:11,
4776:16, 4824:6
difficulty [2] - 4824:23, 4828:8
digging [1] - 4718:5
diplomatic [3] - 4677:24, 4679:14,
4684:15

direct [13] - 4675:22, 4676:13,


4676:24, 4677:12, 4691:9, 4693:9,
4693:10, 4716:18, 4716:24, 4752:21,
4825:14, 4843:24, 4864:18
directed [8] - 4732:17, 4751:23,
4752:11, 4753:2, 4764:15, 4764:16,
4825:2
directing [5] - 4665:25, 4716:21,
4732:11, 4752:13, 4840:24
direction [7] - 4689:3, 4689:5,
4689:18, 4746:15, 4813:14, 4844:13,
4849:12
directions [2] - 4721:24, 4826:10
directly [5] - 4655:4, 4675:25, 4677:1,
4729:24, 4730:2
dirt [1] - 4812:20
dirty [1] - 4808:8
disable [2] - 4701:8, 4702:11
disagree [5] - 4654:1, 4675:3, 4793:2,
4798:18, 4862:25
disagreed [1] - 4798:17
disagrees [2] - 4653:10, 4798:20
disappears [1] - 4738:14
disassociate [3] - 4792:21, 4792:23,
4793:4
disaster [1] - 4705:22
discouragement [1] - 4695:1
discover [1] - 4853:15
discovered [2] - 4638:2, 4685:3
discuss [7] - 4637:6, 4637:10,
4637:18, 4689:5, 4705:1, 4743:4,
4824:20
discussed [8] - 4637:13, 4637:25,
4661:14, 4685:18, 4691:17, 4711:25,
4731:12, 4841:17
discusses [2] - 4680:7, 4711:18
discussing [3] - 4686:13, 4688:17,
4764:6
discussion [14] - 4663:22, 4666:5,
4680:19, 4712:6, 4735:10, 4739:19,
4742:18, 4774:2, 4817:8, 4824:23,
4828:15, 4844:8, 4845:21, 4846:10
discussions [6] - 4697:2, 4712:2,
4713:15, 4735:15, 4844:2, 4844:17
disease [1] - 4720:23
disguise [1] - 4651:14
disinformation [1] - 4695:1
dislike [1] - 4792:19
display [1] - 4688:13
dispute [11] - 4647:7, 4659:11, 4681:1,
4696:4, 4696:8, 4698:15, 4698:24,
4699:1, 4701:2, 4747:10, 4747:11
disputed [1] - 4659:12
disputes [1] - 4702:4
disregard [1] - 4795:18
disruption [1] - 4696:3
dissuade [1] - 4693:4
distance [3] - 4676:2, 4692:16,
4692:20
distinctions [1] - 4834:7

12

distinguished [2] - 4784:25, 4785:3


distract [1] - 4694:4
distributed [1] - 4750:5
distributing [1] - 4651:4
DISTRICT [2] - 4633:1, 4633:1
District [1] - 4633:11
dived [1] - 4812:13
divert [1] - 4813:17
DLI [1] - 4633:3
doable [1] - 4821:11
docket [1] - 4639:11
Docket [1] - 4634:24
doctor [1] - 4637:2
Document [1] - 4784:24
document [6] - 4639:10, 4654:5,
4728:6, 4753:24, 4849:8, 4851:20
documentary [1] - 4832:9
documents [25] - 4639:7, 4639:9,
4639:17, 4639:21, 4647:13, 4676:8,
4726:4, 4727:17, 4727:19, 4727:23,
4728:2, 4731:3, 4752:16, 4754:15,
4761:2, 4783:10, 4787:2, 4787:3,
4807:10, 4850:24, 4851:7, 4853:24,
4855:6, 4856:11, 4858:17
dollars [4] - 4829:21, 4830:3, 4845:15,
4851:3
Donald [39] - 4648:23, 4657:23,
4661:8, 4661:17, 4661:22, 4662:9,
4663:2, 4663:8, 4664:18, 4699:11,
4710:6, 4710:8, 4711:15, 4711:21,
4712:2, 4712:7, 4727:2, 4727:20,
4728:21, 4744:21, 4744:22, 4745:3,
4745:6, 4745:17, 4745:20, 4746:10,
4746:22, 4746:25, 4747:2, 4747:10,
4747:20, 4748:5, 4756:17, 4763:17,
4789:21, 4789:22, 4832:13
done [15] - 4640:23, 4645:10, 4662:22,
4671:11, 4692:24, 4701:14, 4703:11,
4703:16, 4703:17, 4785:15, 4801:11,
4812:17, 4813:2, 4815:13, 4861:8
door [3] - 4673:23, 4775:20, 4863:13
doors [1] - 4775:17
DORA [1] - 4633:10
dotted [1] - 4797:1
double [2] - 4640:7, 4801:20
doubt [16] - 4647:24, 4658:10, 4661:1,
4692:1, 4696:23, 4709:23, 4734:21,
4734:23, 4748:7, 4748:9, 4752:9,
4757:6, 4806:20, 4830:21, 4837:7,
4844:20
doubtless [1] - 4697:10
down [25] - 4642:8, 4644:12, 4665:9,
4700:15, 4714:2, 4724:7, 4725:15,
4725:22, 4731:22, 4753:7, 4768:13,
4768:15, 4768:21, 4771:12, 4771:13,
4786:6, 4794:10, 4800:2, 4800:11,
4807:13, 4807:14, 4808:8, 4821:4,
4821:7, 4825:16
download [2] - 4703:8, 4768:5
downloading [2] - 4693:18, 4767:23

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


downplay [1] - 4752:2
Dr [10] - 4664:8, 4667:17, 4786:14,
4812:25, 4818:13, 4819:5, 4819:6,
4819:10, 4849:9
draft [3] - 4640:7, 4855:4, 4861:21
draw [6] - 4645:13, 4645:20, 4665:23,
4704:19, 4758:6, 4804:6
drawing [1] - 4859:8
dream [2] - 4854:18, 4854:23
dress [2] - 4742:9, 4820:12
dressed [4] - 4788:10, 4788:11,
4788:14
dressing [2] - 4757:12, 4808:10
drew [1] - 4750:7
drive [6] - 4699:18, 4703:4, 4711:12,
4716:23, 4718:13, 4723:22
driven [1] - 4716:12
driver [7] - 4730:7, 4730:17, 4730:18,
4730:19, 4730:20, 4757:2
drives [5] - 4716:4, 4716:7, 4717:5,
4718:20, 4720:21
driving [10] - 4669:25, 4670:13,
4671:3, 4703:2, 4721:24, 4723:23,
4724:24, 4734:8, 4756:24, 4825:8
dropping [1] - 4853:3
drops [1] - 4853:12
drove [6] - 4649:7, 4669:8, 4669:17,
4670:20, 4670:24, 4807:16
drown [1] - 4704:3
drug [5] - 4749:2, 4750:2, 4750:6,
4750:20, 4756:6
drugs [9] - 4750:10, 4750:18, 4751:12,
4751:13, 4751:17, 4751:18, 4751:19,
4751:22, 4752:2
due [1] - 4636:1
dumb [1] - 4696:25
dummy [1] - 4779:25
duration [1] - 4643:7
during [18] - 4644:24, 4645:5, 4656:5,
4686:3, 4693:10, 4704:8, 4705:3,
4758:8, 4770:1, 4794:19, 4795:2,
4804:13, 4830:8, 4832:10, 4832:16,
4833:2, 4841:20, 4842:22
duties [1] - 4778:2
duty [3] - 4762:19, 4837:4, 4860:5
dwarf [1] - 4650:22
dying [3] - 4664:23, 4664:24, 4664:25
dynamite [5] - 4666:22, 4666:24,
4824:20, 4833:18

E
e-mailed [1] - 4861:10
e-mails [1] - 4714:8
eager [1] - 4648:1
early [6] - 4678:15, 4697:2, 4741:19,
4753:12, 4859:4, 4861:4
earning [1] - 4750:17
earth [19] - 4653:21, 4732:8, 4767:24,

4768:2, 4768:3, 4768:5, 4769:3,


4769:10, 4769:14, 4782:23, 4782:24,
4783:2, 4783:8, 4783:10, 4783:12,
4783:13, 4783:18, 4783:19, 4835:23
Earth [14] - 4658:15, 4674:24, 4682:1,
4688:12, 4693:18, 4703:8, 4732:3,
4768:23, 4769:7, 4800:6, 4801:22,
4842:20, 4846:5, 4849:24
easier [2] - 4826:2, 4832:17
easily [1] - 4757:7
East [4] - 4633:16, 4634:9, 4686:22,
4686:24
EASTERN [1] - 4633:1
easy [2] - 4651:5, 4782:3
eat [2] - 4807:1, 4848:5
eating [1] - 4786:21
ECF [1] - 4639:16
economic [8] - 4661:10, 4696:3,
4696:12, 4696:18, 4697:16, 4698:6,
4745:8, 4756:14
economy [9] - 4646:10, 4661:4,
4687:13, 4693:25, 4697:21, 4697:23,
4697:25, 4703:25, 4858:4
ecstatic [2] - 4727:2, 4727:7
edict [1] - 4653:25
edited [1] - 4727:6
educated [1] - 4791:13
effect [1] - 4795:25
effort [1] - 4709:17
efforts [2] - 4686:12, 4819:3
egg [1] - 4655:15
eight [2] - 4636:24, 4795:10
either [15] - 4645:18, 4696:1, 4696:20,
4700:21, 4701:22, 4709:8, 4713:17,
4744:16, 4744:22, 4747:6, 4758:15,
4798:22, 4835:16, 4839:10, 4862:21
ejector [1] - 4856:1
electricity [1] - 4823:12
electronic [1] - 4703:6
electronically [2] - 4641:17, 4861:9
element [10] - 4656:12, 4695:15,
4695:20, 4698:8, 4698:16, 4700:21,
4701:2, 4701:21, 4702:4, 4836:24
elements [9] - 4646:22, 4647:1,
4695:22, 4773:7, 4814:11, 4864:25,
4865:2, 4865:6, 4865:9
eleven [2] - 4781:19, 4781:21
Elmo [3] - 4705:23, 4707:25, 4724:2
Embassies [1] - 4786:12
embassy [2] - 4819:10, 4851:25
employee [1] - 4822:10
employer [1] - 4765:21
employers [1] - 4822:6
employs [1] - 4696:13
empty [5] - 4651:23, 4660:7, 4663:20,
4663:22, 4673:12
enabled [1] - 4824:20
enabling [1] - 4860:2
encouragement [1] - 4694:9
end [10] - 4660:19, 4677:21, 4710:9,

13

4715:2, 4732:6, 4742:21, 4742:25,


4828:22, 4839:12, 4859:25
End [1] - 4774:2
endanger [1] - 4699:10
endangered [1] - 4700:9
endangering [1] - 4700:14
endeavor [1] - 4830:14
ended [2] - 4725:16, 4747:12
endlessly [1] - 4674:5
enemies [1] - 4849:14
enemy [2] - 4653:21, 4848:14
enforcement [13] - 4660:13, 4682:20,
4685:12, 4780:22, 4811:22, 4813:8,
4825:1, 4825:8, 4828:23, 4857:19,
4857:25, 4858:9
engage [6] - 4641:4, 4654:8, 4660:3,
4808:19, 4823:4, 4848:24
engaged [11] - 4673:12, 4695:18,
4701:24, 4812:21, 4812:23, 4818:23,
4820:15, 4820:20, 4829:2, 4858:15
engaging [3] - 4806:12, 4815:6,
4820:8
engine [1] - 4793:13
engineer [6] - 4694:22, 4770:10,
4783:5, 4801:15, 4801:19, 4841:22
engineering [10] - 4658:17, 4694:15,
4801:16, 4801:20, 4836:7, 4841:10,
4841:15, 4842:3, 4842:9, 4849:24
England [1] - 4791:14
English [1] - 4749:18
enjoy [1] - 4758:19
enjoyed [1] - 4644:3
enjoying [1] - 4716:12
enter [5] - 4636:12, 4636:14, 4760:13,
4805:11, 4824:1
entered [1] - 4836:25
entering [2] - 4643:21, 4708:4
enterprise [2] - 4688:7, 4690:23
enters [5] - 4642:23, 4643:22, 4708:5,
4761:14, 4805:19
entertained [1] - 4791:20
entertainment [1] - 4810:5
entire [4] - 4653:11, 4690:23, 4741:11,
4785:8
entrapment [18] - 4638:6, 4640:13,
4640:17, 4862:11, 4862:22, 4863:10,
4863:11, 4863:13, 4863:17, 4863:21,
4864:2, 4864:11, 4865:11, 4865:16,
4865:23, 4866:2
entrepreneurial [1] - 4648:14
entries [2] - 4838:1, 4852:6
envoy [2] - 4668:13, 4680:8
epiphany [1] - 4810:8
equation [1] - 4798:15
equipment [2] - 4816:25, 4825:6
erase [1] - 4690:20
errands [4] - 4711:14, 4716:9,
4716:12, 4724:25
errors [1] - 4640:8
escape [4] - 4647:18, 4695:3, 4695:5,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4816:12
especially [6] - 4684:3, 4734:3,
4741:2, 4746:23, 4757:8, 4769:9
ESQUIRE [1] - 4633:15
essentially [1] - 4732:8
establish [1] - 4658:23
established [2] - 4806:19, 4832:8
estate [1] - 4676:6
Europe [2] - 4667:21, 4833:14
evening [2] - 4638:20, 4861:23
event [4] - 4679:20, 4850:12, 4850:13,
4850:19
events [4] - 4676:9, 4755:15, 4755:19,
4834:10
eventually [8] - 4659:23, 4665:4,
4668:23, 4672:22, 4688:8, 4711:22,
4725:6, 4737:5
Evergreen [2] - 4719:2, 4815:25
Eversley [3] - 4753:4, 4753:5, 4753:11
everywhere [1] - 4734:8
evidence [192] - 4638:11, 4639:23,
4639:25, 4640:11, 4645:13, 4645:14,
4645:16, 4645:19, 4646:5, 4647:10,
4647:12, 4647:14, 4647:22, 4648:7,
4649:8, 4650:18, 4651:18, 4652:16,
4655:18, 4656:9, 4656:10, 4657:19,
4658:10, 4659:6, 4659:10, 4659:21,
4659:23, 4661:1, 4675:9, 4677:6,
4677:7, 4677:8, 4677:12, 4680:6,
4689:19, 4690:16, 4691:22, 4691:24,
4691:25, 4692:19, 4692:25, 4694:3,
4695:6, 4695:8, 4695:12, 4695:19,
4696:22, 4698:5, 4699:3, 4702:2,
4703:1, 4703:19, 4709:1, 4709:4,
4709:7, 4709:9, 4709:11, 4709:12,
4709:15, 4709:18, 4711:10, 4715:19,
4717:22, 4718:18, 4718:21, 4720:8,
4720:18, 4723:2, 4723:6, 4723:10,
4724:15, 4725:3, 4725:4, 4725:8,
4725:11, 4725:21, 4728:21, 4729:11,
4729:17, 4729:19, 4729:22, 4731:5,
4732:22, 4732:24, 4732:25, 4733:2,
4733:16, 4733:21, 4733:25, 4734:1,
4734:8, 4734:11, 4734:14, 4736:9,
4736:14, 4736:15, 4736:23, 4737:20,
4744:15, 4744:17, 4744:20, 4746:12,
4746:15, 4748:20, 4751:3, 4751:9,
4752:20, 4754:23, 4756:10, 4756:19,
4756:22, 4757:5, 4757:10, 4757:11,
4757:13, 4757:22, 4765:14, 4767:7,
4767:9, 4768:10, 4769:15, 4769:23,
4773:8, 4775:6, 4776:7, 4779:13,
4780:11, 4782:12, 4786:9, 4788:17,
4791:1, 4795:17, 4795:19, 4795:25,
4796:1, 4797:14, 4799:1, 4799:4,
4799:5, 4800:5, 4801:2, 4802:3,
4802:5, 4802:6, 4802:9, 4804:7,
4806:18, 4807:2, 4807:7, 4807:8,
4807:22, 4808:25, 4809:2, 4809:3,
4809:4, 4809:7, 4809:19, 4815:17,

4822:2, 4827:13, 4830:20, 4831:2,


4832:9, 4832:14, 4832:22, 4832:25,
4834:1, 4834:3, 4835:9, 4837:6,
4840:5, 4845:22, 4845:24, 4848:8,
4850:10, 4854:10, 4857:20, 4858:10,
4858:12, 4858:13, 4858:17, 4858:19,
4859:11, 4862:4, 4862:17, 4864:17,
4864:18, 4865:8
ex [1] - 4641:25
ex-parte [1] - 4641:25
exact [3] - 4649:17, 4667:1, 4668:1
exactly [12] - 4646:6, 4651:12,
4651:14, 4658:11, 4673:11, 4738:22,
4756:8, 4756:9, 4771:1, 4803:6,
4807:6, 4819:15
exaggerated [1] - 4691:4
exaggeration [1] - 4815:8
examination [18] - 4675:22, 4676:3,
4676:21, 4691:9, 4692:3, 4692:22,
4693:2, 4693:10, 4693:23, 4716:7,
4750:25, 4752:24, 4755:17, 4816:19,
4825:14, 4832:11, 4841:14, 4843:24
examine [1] - 4752:4
examined [1] - 4674:4
example [9] - 4650:25, 4677:5, 4680:7,
4694:3, 4694:8, 4840:21, 4843:3,
4857:25
examples [4] - 4649:2, 4649:5,
4743:25, 4826:16
excellent [1] - 4691:19
except [2] - 4719:20, 4776:2
excited [2] - 4689:2, 4699:21
excitement [1] - 4692:10
exclusive [1] - 4645:23
excuse [8] - 4690:21, 4779:8, 4781:20,
4794:21, 4800:10, 4803:2, 4842:6,
4845:11
excuses [3] - 4662:16, 4807:3,
4807:11
execute [1] - 4816:10
executing [1] - 4657:5
exercise [1] - 4704:10
exhibit [5] - 4780:10, 4829:17,
4861:15, 4862:1, 4862:2
Exhibit [44] - 4662:8, 4669:21,
4669:24, 4683:17, 4700:4, 4710:20,
4714:22, 4714:23, 4717:23, 4721:12,
4722:9, 4722:12, 4722:13, 4724:4,
4727:14, 4731:17, 4732:6, 4732:12,
4732:19, 4735:12, 4738:5, 4738:6,
4739:11, 4741:6, 4744:7, 4747:15,
4748:4, 4753:1, 4753:3, 4753:10,
4753:25, 4757:17, 4780:8, 4780:9,
4780:10, 4784:23, 4801:2, 4801:3,
4829:8, 4837:22, 4850:21, 4851:19,
4852:6
Exhibits [3] - 4754:24, 4754:25,
4850:24
exhibits [6] - 4669:20, 4722:20,
4722:22, 4723:1, 4735:10, 4809:5

14

existed [3] - 4662:1, 4718:14, 4720:5


existence [1] - 4647:9
exists [1] - 4653:22
exits [4] - 4758:20, 4804:18, 4816:14,
4838:1
exonerate [1] - 4691:24
expect [3] - 4650:14, 4673:11, 4705:9
expected [4] - 4639:2, 4642:15,
4644:23, 4646:15
expedition [1] - 4770:8
expensive [1] - 4857:24
experience [6] - 4648:17, 4667:14,
4682:8, 4762:15, 4815:10, 4821:9
experienced [1] - 4858:7
experiences [1] - 4833:4
experiencing [1] - 4762:16
expert [9] - 4667:4, 4672:11, 4684:25,
4694:23, 4712:19, 4746:19, 4815:17,
4818:13, 4818:22
expertise [3] - 4667:6, 4667:19,
4818:11
experts [2] - 4757:12, 4825:11
expires [1] - 4717:17
explain [10] - 4642:5, 4716:15,
4722:20, 4735:8, 4749:7, 4793:22,
4793:24, 4793:25, 4799:20, 4799:21
explained [1] - 4803:7
explains [1] - 4752:6
explanation [5] - 4728:12, 4745:14,
4752:8, 4794:2, 4839:4
explode [4] - 4650:19, 4651:7, 4666:7,
4695:9
exploding [2] - 4816:3, 4821:1
explosion [7] - 4646:14, 4666:9,
4666:10, 4666:18, 4690:25, 4697:11,
4699:3
explosions [1] - 4841:12
explosive [11] - 4666:20, 4667:14,
4667:18, 4668:24, 4672:11, 4694:25,
4696:1, 4698:19, 4701:13, 4818:11,
4825:11
explosives [7] - 4666:7, 4667:3,
4696:9, 4728:13, 4745:24, 4824:20,
4858:7
export [5] - 4712:1, 4731:14, 4731:19,
4756:13, 4765:15
export/import [1] - 4823:7
exporting [3] - 4648:14, 4765:23,
4823:5
exposure [1] - 4688:6
expressed [2] - 4660:12, 4674:6
expressing [2] - 4692:10, 4802:12
Expressway [1] - 4724:7
extensive [7] - 4654:13, 4682:8,
4696:11, 4696:17, 4696:21, 4697:11,
4698:5
extent [1] - 4639:20
extra [1] - 4675:20
extraordinary [1] - 4709:7
extrapolates [1] - 4822:18

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


extreme [1] - 4649:8
extremely [1] - 4685:10
extremist [2] - 4648:9, 4654:15
eye [1] - 4713:23
eyebrows [1] - 4685:12
eyed [1] - 4859:3
eyes [2] - 4650:15, 4656:5

F
face [14] - 4647:2, 4655:24, 4659:23,
4683:13, 4691:18, 4741:21, 4750:15,
4750:19, 4788:13, 4808:9, 4835:8
face-saving [1] - 4808:9
face-to-face [2] - 4655:24, 4691:18
faced [3] - 4647:16, 4651:18, 4807:7
faces [2] - 4748:16, 4834:23
facilities [2] - 4700:8, 4820:21
facility [5] - 4695:24, 4700:12, 4702:9,
4820:9, 4834:22
facing [2] - 4751:6, 4751:10
fact [33] - 4640:10, 4656:9, 4659:15,
4670:25, 4675:23, 4676:17, 4676:18,
4685:4, 4685:18, 4690:19, 4691:3,
4693:13, 4695:5, 4695:7, 4697:12,
4710:7, 4717:13, 4717:22, 4731:21,
4732:15, 4733:19, 4746:18, 4751:1,
4757:15, 4758:14, 4762:21, 4789:16,
4793:2, 4799:15, 4808:21, 4826:13,
4830:14, 4864:16
facts [4] - 4645:23, 4749:21, 4802:7,
4802:8
fail [1] - 4685:8
failed [3] - 4691:24, 4691:25, 4692:2
fair [2] - 4754:8, 4823:22
fairly [1] - 4772:15
faith [2] - 4665:2, 4673:9
fake [5] - 4827:3, 4827:6, 4855:11,
4855:15, 4856:7
fall [3] - 4665:6, 4668:22, 4728:15
fallen [1] - 4748:3
false [6] - 4656:4, 4660:1, 4718:23,
4718:25, 4821:24, 4827:11
falsehood [1] - 4654:6
family [9] - 4676:19, 4731:4, 4791:18,
4796:4, 4796:7, 4798:21, 4835:1
fantasies [2] - 4740:16, 4742:12
fantasy [5] - 4741:14, 4742:18,
4744:17, 4808:7, 4809:2
far [10] - 4650:13, 4658:21, 4666:11,
4741:14, 4811:15, 4820:9, 4835:8,
4840:3, 4844:14
Far [13] - 4686:23, 4732:21, 4776:2,
4813:15, 4813:16, 4844:14, 4844:19,
4844:21, 4845:7, 4846:20, 4846:22,
4847:1, 4847:6
farm [14] - 4669:13, 4669:14, 4669:15,
4669:16, 4669:18, 4675:23, 4676:8,
4680:3, 4697:6, 4697:8, 4699:17,

4699:19, 4700:5, 4815:21


Farm [11] - 4654:17, 4655:16, 4675:22,
4676:5, 4676:10, 4678:8, 4679:5,
4680:10, 4690:4, 4690:5, 4690:6
farmer [1] - 4847:5
farms [2] - 4669:12, 4718:7
fast [2] - 4805:7, 4805:8
faster [1] - 4739:6
father [1] - 4791:19
fatwa [2] - 4735:16, 4784:15
favorable [1] - 4749:8
favorite [1] - 4808:12
favorites [1] - 4841:9
favors [1] - 4747:5
faxed [1] - 4641:10
FBI [22] - 4659:21, 4669:23, 4703:3,
4733:15, 4745:20, 4746:21, 4754:8,
4756:5, 4756:8, 4827:19, 4827:22,
4828:17, 4828:18, 4828:20, 4829:4,
4829:11, 4829:13, 4829:15, 4829:16,
4829:20, 4830:23
FBI's [2] - 4667:19, 4829:24
fear [4] - 4692:13, 4840:2, 4840:8,
4840:13
feared [1] - 4863:12
February [4] - 4710:21, 4750:1,
4753:12, 4753:20
federal [2] - 4646:21, 4796:14
Federal [2] - 4633:23, 4635:7
feed [2] - 4719:7, 4740:17
feedback [1] - 4826:14
fellow [1] - 4784:25
felt [1] - 4673:20
fence [2] - 4671:5, 4718:13
festival [1] - 4824:2
fever [1] - 4637:2
few [17] - 4637:9, 4649:2, 4659:20,
4660:18, 4664:7, 4671:22, 4671:24,
4678:22, 4692:18, 4707:4, 4809:10,
4809:20, 4815:22, 4820:5, 4826:16,
4830:3, 4830:5
fewer [1] - 4815:22
fide [1] - 4687:5
fields [1] - 4718:11
fight [4] - 4654:11, 4728:20, 4747:20,
4849:14
fighting [2] - 4664:25, 4684:16
fights [1] - 4686:25
figure [11] - 4653:1, 4658:2, 4665:18,
4666:20, 4670:10, 4671:9, 4683:14,
4687:23, 4780:22, 4810:4, 4828:21
figuring [3] - 4686:21, 4687:15, 4821:6
file [3] - 4861:21, 4861:23
filed [1] - 4641:16
filing [3] - 4639:2, 4639:10, 4641:23
fill [1] - 4749:7
fills [1] - 4752:6
film [3] - 4824:2, 4824:7, 4824:8
filmed [1] - 4825:9

15

filming [2] - 4723:9, 4824:10


final [5] - 4645:6, 4689:21, 4772:15,
4861:6, 4861:21
finally [5] - 4698:7, 4739:8, 4741:2,
4755:23, 4810:16
finance [3] - 4690:1, 4770:5, 4770:6
finances [2] - 4715:8, 4715:12
financial [3] - 4663:13, 4682:6, 4683:8
financiers [1] - 4845:7
fine [5] - 4637:14, 4752:5, 4786:23,
4786:24, 4845:5
finger [1] - 4836:15
finish [6] - 4643:5, 4707:5, 4813:23,
4857:1, 4860:1, 4860:4
finished [2] - 4766:22, 4846:3
fire [2] - 4696:11, 4698:19
FIRM [1] - 4634:1
firmly [2] - 4687:20, 4688:2
first [68] - 4636:22, 4643:6, 4645:8,
4646:6, 4647:2, 4647:6, 4648:6,
4652:12, 4654:10, 4654:19, 4659:9,
4659:19, 4661:18, 4666:20, 4674:2,
4674:16, 4678:7, 4678:8, 4679:4,
4681:13, 4687:19, 4688:21, 4693:1,
4695:16, 4696:1, 4696:23, 4697:10,
4702:13, 4702:18, 4711:5, 4714:24,
4715:5, 4717:10, 4724:23, 4733:24,
4737:8, 4744:21, 4747:16, 4753:24,
4763:10, 4765:14, 4765:17, 4765:18,
4767:18, 4785:3, 4794:22, 4804:1,
4807:13, 4812:14, 4814:9, 4815:19,
4818:9, 4819:13, 4821:14, 4822:7,
4830:7, 4830:11, 4830:24, 4837:16,
4839:12, 4839:15, 4839:20, 4842:18,
4842:25, 4843:11, 4853:13, 4862:20
firsthand [1] - 4739:13
fit [6] - 4639:24, 4659:22, 4677:6,
4677:9, 4691:24, 4749:21
fits [1] - 4853:20
Five [1] - 4701:4
five [16] - 4676:13, 4695:16, 4705:10,
4706:4, 4720:23, 4721:13, 4751:13,
4755:15, 4770:11, 4789:1, 4789:3,
4796:22, 4804:16, 4804:20, 4820:6,
4855:11
five-page [1] - 4676:13
fix [1] - 4640:9
fixed [2] - 4772:2, 4780:12
flat [1] - 4807:23
flat-out [1] - 4807:23
flatly [1] - 4694:2
flaw [1] - 4808:12
flaws [2] - 4708:22, 4757:21
flee [2] - 4752:19, 4816:11
flew [4] - 4696:6, 4754:13, 4754:19,
4850:19
flight [12] - 4689:20, 4717:12, 4753:3,
4753:9, 4753:11, 4753:17, 4780:12,
4781:1, 4822:15, 4850:17, 4850:23,
4852:22

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


flights [2] - 4753:14, 4822:17
floor [1] - 4685:4
flour [1] - 4786:22
flown [1] - 4829:4
flu [1] - 4637:2
fluff [3] - 4778:23, 4808:11
fly [2] - 4719:18, 4852:21
flying [2] - 4817:10, 4852:2
focus [2] - 4646:23, 4671:22
focused [1] - 4857:19
follow [6] - 4653:12, 4659:4, 4789:9,
4811:7, 4811:13, 4812:10
follower [1] - 4826:20
following [5] - 4645:4, 4707:1,
4771:23, 4804:23, 4837:4
food [1] - 4786:22
fool [2] - 4724:21, 4724:22
foolish [2] - 4736:19, 4740:16
footage [3] - 4669:14, 4703:3, 4807:17
force [4] - 4684:10, 4746:2, 4746:3,
4746:4
forced [2] - 4676:4, 4676:21
forces [3] - 4713:13, 4848:18, 4848:20
foreign [3] - 4698:22, 4754:8, 4829:16
foreigner [1] - 4650:12
foreigners [1] - 4650:16
forged [1] - 4855:6
forget [4] - 4785:21, 4793:8, 4843:19,
4856:3
forgot [4] - 4707:6, 4779:20, 4781:16,
4802:18
form [9] - 4651:18, 4656:15, 4666:22,
4675:9, 4704:18, 4758:6, 4804:6,
4809:4
format [1] - 4861:11
former [1] - 4665:18
formulate [1] - 4657:23
forth [6] - 4705:23, 4761:1, 4797:8,
4801:12, 4828:9, 4829:4
forward [4] - 4644:9, 4842:23,
4847:12, 4856:25
founding [1] - 4668:15
Four [3] - 4700:6, 4700:20
four [12] - 4657:25, 4669:6, 4671:7,
4679:10, 4739:25, 4740:19, 4741:1,
4754:2, 4820:6, 4820:15, 4821:2,
4855:15
frame [1] - 4686:17
frames [1] - 4768:17
France [1] - 4664:4
FRANCIS [1] - 4780:14
Francis [365] - 4654:18, 4655:13,
4655:22, 4657:24, 4658:18, 4658:25,
4660:21, 4661:25, 4662:3, 4663:7,
4663:15, 4663:16, 4664:4, 4664:7,
4664:9, 4664:10, 4664:13, 4664:15,
4664:18, 4664:24, 4665:4, 4665:8,
4665:9, 4665:11, 4666:2, 4666:4,
4666:23, 4669:3, 4669:6, 4670:20,
4670:22, 4671:16, 4673:19, 4673:20,

4673:25, 4674:4, 4674:9, 4674:11,


4674:15, 4674:16, 4674:18, 4674:19,
4674:21, 4674:23, 4674:25, 4675:3,
4675:10, 4675:16, 4675:21, 4675:25,
4676:24, 4676:25, 4677:16, 4677:20,
4678:2, 4678:4, 4678:17, 4678:24,
4679:12, 4680:2, 4680:8, 4680:9,
4680:14, 4680:15, 4680:16, 4680:20,
4680:23, 4681:16, 4682:24, 4683:10,
4683:23, 4684:21, 4685:16, 4685:18,
4685:21, 4685:24, 4686:11, 4687:25,
4688:2, 4688:10, 4690:2, 4692:15,
4693:11, 4693:12, 4694:5, 4694:12,
4696:25, 4697:24, 4699:11, 4703:7,
4703:15, 4710:6, 4710:17, 4710:23,
4711:2, 4711:6, 4711:10, 4711:12,
4711:14, 4711:16, 4711:20, 4711:24,
4712:3, 4712:7, 4712:12, 4712:21,
4713:2, 4713:4, 4713:5, 4714:6,
4714:10, 4714:12, 4714:13, 4714:21,
4715:3, 4715:6, 4715:7, 4715:10,
4715:12, 4715:15, 4715:16, 4715:23,
4716:7, 4716:8, 4716:18, 4716:22,
4716:24, 4717:6, 4718:9, 4719:22,
4720:1, 4720:6, 4720:10, 4720:12,
4720:16, 4720:21, 4720:24, 4721:2,
4721:7, 4721:13, 4722:1, 4722:4,
4723:12, 4723:14, 4723:16, 4724:24,
4725:1, 4725:3, 4725:6, 4725:15,
4725:16, 4725:17, 4725:24, 4727:2,
4727:18, 4727:24, 4727:25, 4728:1,
4728:5, 4728:7, 4728:10, 4728:11,
4728:15, 4728:16, 4728:17, 4728:20,
4729:1, 4729:3, 4729:6, 4729:9,
4729:17, 4729:20, 4729:21, 4730:6,
4732:2, 4732:3, 4732:4, 4732:9,
4732:17, 4732:20, 4733:11, 4733:13,
4734:2, 4734:8, 4734:10, 4734:25,
4735:4, 4735:5, 4735:9, 4735:13,
4735:22, 4735:23, 4735:24, 4736:7,
4736:9, 4736:21, 4737:4, 4737:8,
4737:14, 4737:15, 4737:18, 4738:1,
4738:2, 4738:7, 4738:15, 4738:17,
4738:21, 4739:16, 4740:20, 4740:23,
4741:3, 4741:15, 4742:2, 4742:4,
4742:6, 4742:8, 4742:10, 4742:11,
4742:12, 4742:13, 4742:14, 4743:1,
4743:2, 4743:8, 4743:10, 4743:14,
4743:15, 4743:17, 4743:25, 4744:3,
4744:8, 4744:9, 4744:10, 4746:17,
4747:1, 4747:5, 4747:9, 4747:11,
4747:12, 4747:18, 4747:21, 4747:22,
4747:23, 4748:2, 4748:10, 4748:11,
4748:13, 4749:20, 4750:2, 4752:3,
4752:10, 4752:14, 4752:17, 4752:18,
4754:15, 4754:21, 4755:3, 4755:11,
4755:13, 4755:16, 4756:18, 4764:15,
4764:17, 4764:21, 4764:25, 4765:2,
4765:4, 4766:1, 4766:3, 4766:17,
4766:20, 4767:1, 4767:15, 4769:22,
4769:25, 4776:7, 4777:22, 4777:24,

16

4778:8, 4778:9, 4779:2, 4779:22,


4779:23, 4779:25, 4781:18, 4781:21,
4782:14, 4783:7, 4789:19, 4793:16,
4793:21, 4795:7, 4795:11, 4796:11,
4796:12, 4797:2, 4797:4, 4797:20,
4799:7, 4800:2, 4800:3, 4800:12,
4803:14, 4803:18, 4807:19, 4807:25,
4810:24, 4811:1, 4811:2, 4811:4,
4812:10, 4816:7, 4820:2, 4824:17,
4824:23, 4825:3, 4825:14, 4825:21,
4826:6, 4826:7, 4827:2, 4827:5,
4827:10, 4827:15, 4827:24, 4829:15,
4832:13, 4832:15, 4832:20, 4832:25,
4833:3, 4833:10, 4833:25, 4834:4,
4834:14, 4835:8, 4837:17, 4839:2,
4839:22, 4840:4, 4840:12, 4843:6,
4843:9, 4843:13, 4843:14, 4844:2,
4844:17, 4846:4, 4846:8, 4846:17,
4846:18, 4852:9, 4852:10, 4854:2,
4863:6, 4863:8, 4864:17
Francis' [7] - 4676:9, 4677:18, 4711:5,
4719:11, 4748:19, 4766:25, 4863:7
Francis'number [1] - 4738:15
Francis'offers [1] - 4734:6
Francis's [1] - 4743:11
Francis'testimony [1] - 4729:6
free [17] - 4639:24, 4715:21, 4715:22,
4716:2, 4733:9, 4733:16, 4733:23,
4733:25, 4734:2, 4734:6, 4736:17,
4756:23, 4757:1, 4828:17, 4849:10
freedom [1] - 4857:24
freely [2] - 4734:13, 4746:14
Friday [6] - 4638:1, 4639:18, 4640:5,
4640:6, 4640:7, 4864:6
friend [14] - 4730:4, 4746:20, 4770:17,
4792:24, 4792:25, 4793:1, 4801:25,
4811:20, 4821:15, 4828:10, 4841:3,
4844:10, 4848:16, 4854:20
friendly [1] - 4783:16
friends [11] - 4677:17, 4711:11,
4719:21, 4723:19, 4756:25, 4831:6,
4831:9, 4837:11, 4840:12, 4840:13,
4856:20
front [3] - 4643:11, 4643:14, 4679:5
fruition [2] - 4708:25, 4814:3
frustrated [3] - 4733:5, 4826:13,
4863:3
fuel [52] - 4646:13, 4647:3, 4650:19,
4650:22, 4657:7, 4661:2, 4666:8,
4666:21, 4669:8, 4669:12, 4669:13,
4669:14, 4669:15, 4669:16, 4669:18,
4670:7, 4670:8, 4671:9, 4671:23,
4680:3, 4694:13, 4694:15, 4694:16,
4695:10, 4695:13, 4696:9, 4696:11,
4697:6, 4697:8, 4697:20, 4699:2,
4699:17, 4699:19, 4700:5, 4701:9,
4702:15, 4717:25, 4718:6, 4718:11,
4815:23, 4816:1, 4816:2, 4816:3,
4817:22, 4820:4, 4825:25, 4836:7,
4841:11, 4842:2, 4842:3

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


full [11] - 4642:20, 4647:8, 4677:25,
4696:16, 4697:5, 4716:21, 4718:18,
4720:15, 4767:4, 4815:20, 4817:22
fun [1] - 4719:6
funds [3] - 4658:19, 4739:2, 4819:7

G
gained [1] - 4848:20
game [6] - 4690:22, 4762:13, 4762:14,
4797:15, 4808:11
games [2] - 4719:9, 4754:23
garbage [1] - 4771:3
gas [1] - 4700:17
gather [1] - 4857:20
gathering [1] - 4655:8
gears [1] - 4692:23
gel [1] - 4666:22
general [2] - 4685:23, 4816:15
generally [3] - 4695:18, 4816:14,
4822:23
generators [1] - 4700:16
gentleman [2] - 4681:3, 4681:4
gentlemen [53] - 4643:25, 4644:22,
4644:25, 4651:24, 4685:6, 4705:11,
4708:7, 4708:14, 4708:20, 4709:20,
4713:10, 4719:16, 4720:6, 4721:11,
4723:1, 4723:4, 4723:14, 4724:1,
4724:3, 4727:4, 4730:25, 4731:23,
4733:4, 4734:16, 4735:18, 4737:12,
4737:22, 4740:3, 4740:22, 4741:10,
4747:25, 4748:11, 4749:1, 4749:22,
4751:15, 4751:17, 4754:11, 4754:24,
4756:10, 4757:4, 4758:5, 4758:21,
4761:17, 4761:23, 4762:7, 4775:1,
4788:10, 4788:12, 4803:24, 4805:20,
4806:2, 4808:3, 4858:24
Georgetown [10] - 4677:17, 4735:2,
4737:14, 4737:16, 4737:18, 4754:1,
4754:5, 4788:22, 4798:1, 4837:18
girlfriends [1] - 4808:16
given [14] - 4683:22, 4685:13,
4703:25, 4705:24, 4751:2, 4755:18,
4811:2, 4830:20, 4854:10, 4862:1,
4864:13, 4864:22, 4864:24, 4865:24
globe [1] - 4654:14
goal [13] - 4652:17, 4661:4, 4661:5,
4663:9, 4683:7, 4690:23, 4697:18,
4697:19, 4702:20, 4748:18, 4749:1,
4814:15, 4849:22
goals [7] - 4648:4, 4663:11, 4683:1,
4683:2, 4683:5, 4848:10, 4857:19
God [4] - 4664:25, 4665:3, 4671:17,
4703:25
gonna [4] - 4699:24, 4700:17, 4739:5,
4865:18
gonna' [1] - 4799:19
goodies [5] - 4709:16, 4709:18,
4714:1, 4827:24, 4863:5

goods [2] - 4648:14, 4776:4


Google [34] - 4658:15, 4674:24,
4682:1, 4688:12, 4688:14, 4693:18,
4703:8, 4732:3, 4732:8, 4735:6,
4767:23, 4768:2, 4768:3, 4768:5,
4768:23, 4769:3, 4769:7, 4769:9,
4769:13, 4782:23, 4782:24, 4783:2,
4783:8, 4783:10, 4783:11, 4783:13,
4783:18, 4783:19, 4800:6, 4801:22,
4835:22, 4842:20, 4846:5, 4849:24
government [85] - 4635:3, 4637:20,
4637:21, 4638:2, 4638:5, 4638:7,
4640:17, 4640:18, 4641:11, 4642:18,
4645:7, 4645:25, 4655:9, 4656:20,
4684:10, 4704:9, 4708:23, 4709:2,
4709:5, 4709:15, 4710:5, 4710:17,
4711:5, 4713:16, 4713:18, 4713:20,
4713:21, 4714:1, 4714:9, 4715:18,
4716:3, 4718:17, 4718:19, 4723:5,
4723:7, 4724:13, 4724:16, 4725:17,
4728:2, 4728:16, 4728:17, 4733:4,
4733:8, 4734:22, 4735:11, 4736:23,
4737:23, 4744:23, 4745:3, 4748:14,
4748:15, 4748:24, 4749:8, 4749:9,
4749:12, 4752:16, 4754:13, 4754:17,
4756:1, 4756:6, 4757:1, 4757:14,
4762:17, 4776:15, 4776:16, 4788:22,
4788:25, 4790:11, 4790:12, 4798:17,
4804:4, 4842:8, 4849:19, 4855:5,
4857:15, 4862:14, 4862:18, 4863:2,
4863:3, 4863:4, 4864:13, 4864:14,
4864:23, 4865:13
Government [39] - 4633:15, 4710:20,
4714:22, 4714:23, 4721:12, 4722:9,
4732:19, 4744:11, 4762:25, 4771:10,
4772:17, 4777:7, 4777:11, 4778:12,
4780:8, 4780:9, 4780:10, 4783:10,
4784:23, 4786:6, 4786:8, 4786:9,
4786:10, 4786:25, 4805:14, 4806:4,
4814:20, 4821:19, 4827:17, 4832:22,
4835:10, 4837:22, 4850:20, 4850:24,
4851:19, 4852:5
Government's [24] - 4640:21, 4717:23,
4722:12, 4722:13, 4724:4, 4727:14,
4731:16, 4732:12, 4735:12, 4738:5,
4741:6, 4747:15, 4748:4, 4753:1,
4753:3, 4753:10, 4753:24, 4754:25,
4757:17, 4801:2, 4801:3, 4829:8,
4829:17
government's [9] - 4638:12, 4638:20,
4639:5, 4640:13, 4746:19, 4749:19,
4760:19, 4857:16, 4862:24
grabs [1] - 4855:11
gracing [1] - 4635:13
grain [2] - 4727:5, 4732:16
gram [1] - 4750:3
grams [1] - 4750:25
grand [2] - 4748:25, 4749:4
grandchildren [1] - 4798:20
grant [1] - 4807:15

17

grappling [1] - 4666:6


great [7] - 4656:1, 4663:21, 4673:21,
4693:13, 4834:21, 4835:2, 4844:23
greatest [1] - 4785:4
greet [1] - 4840:12
greeting [1] - 4692:9
grenades [1] - 4719:13
grievances [1] - 4653:9
grip [1] - 4674:17
ground [8] - 4657:6, 4660:23, 4683:6,
4717:13, 4731:15, 4766:12, 4793:15,
4810:9
group [8] - 4657:4, 4713:2, 4713:4,
4713:5, 4713:22, 4784:17, 4811:7,
4819:7
groupings [2] - 4639:9, 4639:20
groups [2] - 4819:21, 4821:23
grow [1] - 4813:18
grown [3] - 4662:18, 4808:14, 4855:14
gruesome [1] - 4691:2
guaranteed [1] - 4699:14
guard [2] - 4664:19, 4697:7
guards [2] - 4719:5, 4742:8
guess [4] - 4794:6, 4824:11, 4832:16,
4833:2
guest [2] - 4743:17, 4785:2
guests [1] - 4785:1
guide [1] - 4645:5
guided [1] - 4848:20
guilt [14] - 4656:11, 4658:7, 4658:23,
4659:6, 4659:7, 4663:5, 4677:7,
4677:13, 4692:25, 4745:21, 4806:19,
4807:7, 4832:7, 4832:19
guilty [40] - 4657:14, 4657:15,
4657:22, 4658:8, 4658:12, 4658:24,
4661:2, 4661:22, 4662:18, 4662:20,
4662:22, 4663:1, 4691:25, 4695:6,
4695:25, 4699:5, 4703:15, 4704:4,
4734:20, 4745:25, 4746:4, 4757:23,
4771:14, 4803:21, 4814:12, 4814:16,
4814:22, 4814:25, 4821:22, 4832:1,
4834:21, 4835:5, 4837:5, 4837:12,
4857:12, 4858:20, 4858:21
gun [6] - 4855:16, 4855:24, 4856:3,
4856:5
gunpoint [1] - 4684:9
guns [9] - 4667:8, 4794:23, 4855:10,
4855:12, 4855:13, 4855:15, 4855:18,
4855:21, 4856:7
guppy [1] - 4757:14
guy [25] - 4656:2, 4686:20, 4687:3,
4717:1, 4717:3, 4728:13, 4728:14,
4740:10, 4741:1, 4742:1, 4742:25,
4745:22, 4746:19, 4746:21, 4751:20,
4756:7, 4756:24, 4764:7, 4764:8,
4766:17, 4818:12, 4839:7, 4842:18,
4843:7, 4843:16
Guyana [69] - 4648:15, 4652:25,
4653:2, 4663:8, 4664:12, 4665:9,
4665:17, 4665:22, 4668:4, 4676:14,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4676:19, 4680:20, 4684:8, 4692:11,
4710:21, 4711:16, 4711:20, 4712:10,
4714:2, 4714:4, 4714:22, 4715:13,
4719:25, 4720:15, 4725:7, 4725:11,
4725:23, 4725:25, 4726:6, 4726:8,
4731:12, 4733:24, 4735:1, 4747:6,
4752:18, 4754:1, 4765:16, 4770:10,
4779:17, 4781:1, 4783:12, 4783:15,
4783:17, 4784:18, 4786:12, 4788:20,
4789:4, 4789:21, 4789:25, 4791:7,
4791:19, 4801:4, 4801:6, 4801:7,
4809:17, 4823:5, 4823:6, 4823:7,
4823:11, 4825:16, 4828:5, 4828:9,
4829:10, 4833:14, 4846:18, 4847:23,
4849:6, 4849:7, 4850:19
Guyana's [1] - 4765:23
Guyanese [6] - 4688:1, 4698:14,
4712:1, 4728:1, 4776:15, 4851:3
guys [11] - 4693:3, 4693:13, 4713:11,
4713:13, 4713:18, 4713:20, 4715:16,
4728:18, 4737:24, 4840:2, 4863:2

H
hair [2] - 4742:9, 4750:3
half [11] - 4646:15, 4693:1, 4693:22,
4702:13, 4702:18, 4705:21, 4706:1,
4750:3, 4788:21, 4802:16, 4837:18
half-way [2] - 4693:1, 4693:22
halfway [4] - 4850:16, 4851:10,
4852:2, 4852:22
hammer [1] - 4678:22
hand [5] - 4651:16, 4751:14, 4856:2,
4865:20
hand-in-hand [1] - 4865:20
handed [4] - 4647:17, 4655:19,
4806:11, 4806:23
handing [2] - 4714:1, 4863:6
handle [1] - 4801:7
handler [2] - 4766:20, 4767:1
handles [1] - 4822:16
hands [9] - 4666:8, 4667:2, 4703:24,
4717:24, 4787:1, 4806:24, 4806:25,
4848:13, 4849:2
hang [1] - 4846:6
hangars [6] - 4697:9, 4699:13,
4701:10, 4716:24, 4825:23, 4825:24
hanging [1] - 4719:22
happily [1] - 4692:9
happy [9] - 4671:18, 4672:14, 4672:21,
4689:7, 4746:20, 4765:19, 4824:19,
4866:4
hard [9] - 4664:2, 4694:19, 4720:8,
4727:8, 4752:7, 4825:1, 4825:7,
4861:19
harm [3] - 4651:21, 4762:11, 4799:11
Hasan [1] - 4849:8
hatched [1] - 4864:19
Hatchers [1] - 4676:5

hatchery [2] - 4676:9, 4676:17


hate [2] - 4694:18, 4792:11
hated [1] - 4704:1
hating [1] - 4799:11
hats [1] - 4742:9
head [5] - 4668:12, 4722:10, 4788:12,
4788:13, 4812:13
headed [2] - 4847:12, 4852:2
heading [3] - 4852:10, 4853:4, 4854:5
headlock [2] - 4674:3, 4729:8
headquarters [2] - 4668:11, 4684:8
heads [1] - 4653:2
hear [42] - 4645:2, 4652:14, 4652:19,
4693:9, 4694:19, 4704:6, 4709:25,
4712:14, 4713:15, 4714:24, 4722:6,
4730:10, 4732:7, 4732:14, 4738:12,
4741:11, 4742:16, 4743:5, 4744:3,
4745:4, 4747:19, 4752:12, 4755:13,
4760:9, 4764:5, 4771:8, 4775:11,
4775:12, 4775:14, 4790:9, 4804:9,
4806:3, 4810:11, 4814:11, 4814:18,
4814:19, 4816:23, 4844:6, 4847:10,
4859:22, 4864:8
heard [81] - 4638:19, 4649:16,
4649:19, 4651:2, 4656:14, 4657:18,
4659:8, 4659:9, 4659:11, 4659:17,
4660:16, 4665:7, 4670:19, 4672:22,
4673:2, 4675:15, 4679:15, 4686:2,
4686:3, 4690:21, 4696:5, 4696:13,
4697:17, 4698:4, 4704:20, 4704:21,
4716:6, 4717:10, 4717:21, 4727:1,
4731:4, 4744:21, 4745:2, 4752:14,
4760:3, 4762:24, 4762:25, 4763:23,
4763:24, 4767:18, 4770:19, 4771:23,
4784:13, 4790:20, 4791:16, 4791:24,
4804:7, 4806:16, 4806:17, 4812:9,
4812:24, 4814:4, 4816:7, 4816:13,
4817:2, 4817:25, 4818:22, 4819:5,
4819:6, 4819:9, 4820:3, 4822:24,
4822:25, 4823:7, 4823:11, 4823:15,
4824:12, 4824:18, 4826:12, 4831:18,
4831:22, 4832:15, 4835:1, 4837:21,
4837:22, 4843:20, 4849:9, 4855:10,
4859:9
hearing [1] - 4678:15
heart [1] - 4719:2
heartedly [1] - 4689:1
heat [3] - 4652:2, 4652:6, 4652:10
heavy [3] - 4655:15, 4684:20, 4686:25
heeded [1] - 4865:1
held [3] - 4684:9, 4852:16, 4864:7
helicopters [1] - 4718:22
help [35] - 4651:11, 4655:21, 4658:9,
4658:13, 4658:25, 4663:9, 4670:11,
4671:9, 4681:11, 4681:13, 4705:23,
4711:13, 4712:8, 4712:12, 4731:22,
4732:7, 4747:5, 4747:7, 4778:8,
4791:6, 4791:7, 4797:2, 4797:3,
4800:7, 4818:2, 4818:5, 4819:19,
4833:22, 4834:13, 4834:15, 4834:16,

18

4837:5, 4843:5, 4857:9, 4857:11


helped [1] - 4856:24
helpful [2] - 4663:5, 4833:15
helping [4] - 4716:9, 4784:10,
4784:11, 4842:18
helps [1] - 4789:1
hemisphere [1] - 4819:9
heroin [1] - 4751:1
hezbollah [2] - 4820:20, 4837:3
Hezbollah [10] - 4655:5, 4657:5,
4735:16, 4792:15, 4792:17, 4792:18,
4794:16, 4812:21, 4819:7
hidden [1] - 4685:3
hide [5] - 4690:1, 4781:8, 4799:17,
4853:5
hiding [14] - 4668:5, 4724:21, 4779:22,
4779:23, 4779:24, 4780:2, 4780:3,
4780:4, 4780:24, 4781:5, 4781:6,
4781:8, 4825:8
high [15] - 4637:1, 4666:11, 4672:12,
4722:4, 4722:5, 4722:7, 4722:10,
4723:10, 4808:13, 4816:24, 4824:25,
4825:5, 4836:14, 4854:7, 4855:9
high-tech [3] - 4816:24, 4824:25,
4825:5
higher [1] - 4688:5
highest [1] - 4794:7
highlighted [1] - 4699:16
highly [1] - 4765:21
hilt [1] - 4720:2
himself [23] - 4647:4, 4648:12, 4653:7,
4655:23, 4676:3, 4680:22, 4686:1,
4692:7, 4692:9, 4703:16, 4719:17,
4719:21, 4727:11, 4746:6, 4747:7,
4747:10, 4747:11, 4770:2, 4799:23,
4813:9, 4817:20, 4819:19, 4845:24
history [1] - 4654:10
hit [1] - 4699:14
hmm [1] - 4852:15
hog [1] - 4656:7
hold [8] - 4641:22, 4650:6, 4656:17,
4679:1, 4703:22, 4703:24, 4704:1,
4717:24
holding [4] - 4646:16, 4651:15,
4712:25, 4832:18
home [25] - 4668:4, 4678:23, 4733:25,
4734:2, 4758:10, 4764:16, 4764:17,
4764:21, 4765:8, 4766:2, 4766:22,
4770:12, 4781:18, 4781:19, 4781:20,
4785:1, 4794:19, 4794:23, 4796:8,
4825:4, 4854:22, 4858:25, 4859:13
homegrown [2] - 4648:8, 4668:9
homes [2] - 4857:8, 4857:10
honestly [1] - 4723:7
Honor [55] - 4635:6, 4635:10, 4637:17,
4638:22, 4639:4, 4641:14, 4641:19,
4642:2, 4642:10, 4642:11, 4642:12,
4642:19, 4644:18, 4644:19, 4644:20,
4646:3, 4705:20, 4707:6, 4707:16,
4707:20, 4708:10, 4708:11, 4708:12,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4758:24, 4758:25, 4760:5, 4760:6,
4760:12, 4760:22, 4761:20, 4761:21,
4761:22, 4762:3, 4762:5, 4772:3,
4772:16, 4773:16, 4773:19, 4802:14,
4803:2, 4805:17, 4805:24, 4805:25,
4806:1, 4806:7, 4861:17, 4862:6,
4862:7, 4862:8, 4862:9, 4862:24,
4863:19, 4865:15, 4866:5, 4866:10
Honor's [3] - 4861:24, 4863:16,
4865:23
HONORABLE [1] - 4633:10
hook [2] - 4681:18, 4707:7
hooked [2] - 4707:8, 4710:16
hooking [1] - 4782:1
hope [6] - 4642:16, 4644:2, 4704:2,
4769:16, 4799:12, 4860:5
hoped [1] - 4696:10
hopeful [1] - 4729:16
hopes [1] - 4677:9
hoping [1] - 4685:7
horrible [1] - 4750:9
horrific [3] - 4657:10, 4663:23,
4693:16
horse's [1] - 4660:25
host [1] - 4785:3
hosts [1] - 4784:25
hot [1] - 4684:22
hotel [2] - 4850:17, 4852:15
hour [11] - 4635:14, 4705:21, 4705:25,
4758:9, 4760:23, 4802:15, 4802:16,
4815:6, 4837:18
hours [10] - 4642:16, 4646:4, 4692:6,
4703:18, 4705:16, 4737:15, 4763:1,
4808:4, 4831:19
house [14] - 4653:17, 4654:5, 4676:8,
4677:14, 4747:3, 4777:23, 4778:3,
4780:3, 4789:10, 4793:20, 4794:21,
4797:22, 4844:3, 4844:4
Howard [1] - 4724:6
huge [6] - 4685:3, 4764:25, 4767:24,
4827:20, 4851:12
human [1] - 4663:13
humble [1] - 4785:2
humiliation [1] - 4741:19
hundred [5] - 4671:24, 4762:25,
4829:21, 4830:3, 4845:15
hundreds [1] - 4646:4
hungry [7] - 4689:11, 4758:1, 4810:10,
4810:14, 4814:1, 4848:3, 4848:4
hurry [5] - 4716:11, 4809:15, 4809:22,
4851:12
hurt [4] - 4697:21, 4697:23, 4699:25,
4858:4
husband [1] - 4770:20
Hussein [1] - 4790:13
hydroelectric [1] - 4823:11

I
Ibrahim [78] - 4658:5, 4681:15,
4685:25, 4686:7, 4686:10, 4686:19,
4686:21, 4686:24, 4687:4, 4687:20,
4688:8, 4688:17, 4688:20, 4688:21,
4689:3, 4690:10, 4690:12, 4699:22,
4735:8, 4738:16, 4739:11, 4739:17,
4739:20, 4739:21, 4739:22, 4740:4,
4740:6, 4740:19, 4741:1, 4741:3,
4743:5, 4743:8, 4743:12, 4764:12,
4764:19, 4778:5, 4794:1, 4800:11,
4801:5, 4801:9, 4807:19, 4809:9,
4811:24, 4812:12, 4812:13, 4812:16,
4813:10, 4813:25, 4820:2, 4820:4,
4821:15, 4821:16, 4821:17, 4821:21,
4837:23, 4844:5, 4844:7, 4844:9,
4844:14, 4844:18, 4846:24, 4847:8,
4847:9, 4847:11, 4847:20, 4847:22,
4847:23, 4847:24, 4847:25, 4848:6,
4853:11, 4853:13, 4853:20, 4854:4
Ibrahim's [10] - 4686:12, 4739:23,
4764:17, 4777:23, 4789:10, 4821:20,
4844:3, 4844:4, 4844:6, 4847:10
icing [1] - 4832:13
idea [49] - 4636:2, 4648:7, 4650:18,
4656:1, 4656:3, 4658:16, 4659:25,
4661:9, 4661:20, 4662:7, 4662:12,
4662:15, 4662:17, 4672:23, 4688:21,
4691:17, 4691:19, 4693:2, 4693:8,
4694:6, 4703:8, 4705:9, 4705:17,
4705:19, 4706:2, 4712:25, 4729:11,
4736:1, 4749:17, 4760:18, 4766:5,
4789:25, 4807:16, 4807:24, 4810:24,
4816:9, 4820:8, 4820:24, 4821:6,
4823:10, 4831:16, 4831:17, 4833:1,
4835:9, 4835:11, 4842:25, 4846:25,
4847:2, 4855:14
ideas [12] - 4650:20, 4650:21, 4654:3,
4814:5, 4814:7, 4814:8, 4815:15,
4819:23, 4819:25, 4820:24, 4830:14,
4830:15
identification [1] - 4717:17
identify [1] - 4858:6
identities [1] - 4665:19
identity [2] - 4665:13, 4780:4
idiot [1] - 4723:13
ignore [2] - 4659:4, 4856:17
illegal [3] - 4670:24, 4670:25, 4814:13
illegally [2] - 4745:9, 4747:8
images [17] - 4674:25, 4675:5, 4680:3,
4682:1, 4688:12, 4688:13, 4688:14,
4693:20, 4703:12, 4703:13, 4825:9,
4835:23, 4840:24, 4849:25, 4854:1,
4854:2, 4854:3
imagination [3] - 4708:22, 4757:19,
4808:9
imagine [1] - 4693:16
imam [1] - 4686:8

19

Imam [4] - 4719:18, 4788:19, 4854:17,


4854:23
Iman [1] - 4785:2
immediately [5] - 4665:23, 4671:14,
4678:11, 4686:6, 4743:16
immigration [2] - 4712:8, 4747:7
implicate [1] - 4681:25
implication [2] - 4674:11, 4817:9
implications [1] - 4682:4
imply [1] - 4748:24
import [5] - 4711:25, 4731:14,
4731:19, 4756:13, 4765:15
import/export [2] - 4656:2, 4729:17
importance [3] - 4644:6, 4710:4,
4739:24
important [27] - 4643:15, 4644:7,
4656:13, 4678:12, 4682:13, 4704:16,
4715:22, 4719:17, 4719:21, 4723:16,
4734:4, 4736:18, 4750:12, 4766:9,
4767:13, 4767:14, 4767:21, 4768:13,
4768:15, 4798:4, 4817:19, 4849:5,
4852:6, 4852:11, 4853:18, 4859:7,
4860:2
importantly [5] - 4665:12, 4788:10,
4799:6, 4811:20, 4848:22
importation [1] - 4678:14
importing [2] - 4765:23, 4823:4
impossible [2] - 4792:20, 4814:13
impress [1] - 4756:25
impressed [2] - 4720:3, 4723:20
impressive [1] - 4723:18
improve [4] - 4792:3, 4793:13,
4793:14, 4842:7
improvised [1] - 4752:14
in-between [2] - 4675:4, 4675:7
inaccurate [1] - 4772:1
inaccurately [1] - 4772:5
inappropriate [2] - 4642:1, 4773:22
Inc [1] - 4633:23
incapable [1] - 4830:13
incentive [2] - 4749:6, 4749:7
incentives [1] - 4734:9
incident [1] - 4798:4
inclined [2] - 4862:22, 4865:15
include [6] - 4638:4, 4640:3, 4640:12,
4640:15, 4855:4, 4862:22
included [2] - 4687:20, 4862:21
includes [1] - 4668:11
including [6] - 4667:21, 4698:14,
4775:5, 4816:6, 4855:5, 4864:23
inclusive [1] - 4640:1
income [1] - 4770:8
inconsistencies [3] - 4834:9, 4834:10,
4837:14
inconsistent [2] - 4839:20, 4840:7
incorporate [1] - 4861:5
increasing [2] - 4683:7, 4741:23
indeed [2] - 4647:8, 4847:5
independent [1] - 4859:16

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


INDEX [1] - 4867:1
indicate [2] - 4720:17, 4863:23
indicated [2] - 4835:21, 4861:4
indicates [2] - 4747:1, 4756:20
indication [5] - 4641:9, 4777:18,
4791:22, 4792:13, 4792:14
indictment [6] - 4662:23, 4750:24,
4751:7, 4775:5, 4775:7, 4806:12
indisputable [1] - 4647:10
individual [3] - 4818:10, 4818:20,
4820:20
individuals [3] - 4694:14, 4821:24,
4842:1
industry [1] - 4676:15
infer [1] - 4727:24
inference [1] - 4854:10
inferences [2] - 4645:14, 4645:20
infiltrate [1] - 4820:16
infiltration [1] - 4855:5
influence [2] - 4685:18, 4849:12
influences [1] - 4849:7
informant [3] - 4746:22, 4748:16,
4788:2
informants [1] - 4757:11
Information [3] - 4653:2, 4849:6,
4849:7
information [15] - 4671:8, 4766:24,
4776:25, 4777:8, 4780:18, 4782:21,
4783:5, 4783:7, 4786:10, 4786:18,
4786:19, 4786:20, 4833:10, 4852:16,
4856:12
informed [1] - 4863:20
infrastructure [1] - 4820:9
infusion [1] - 4844:24
initial [3] - 4711:9, 4711:18, 4729:22
initiative [1] - 4849:1
inject [1] - 4855:16
injury [4] - 4696:2, 4696:17, 4696:20,
4696:23
inner [1] - 4664:3
innocent [5] - 4646:11, 4661:6,
4703:23, 4762:20, 4803:16
insha'allah [1] - 4727:3
inside [5] - 4669:21, 4669:25, 4700:24,
4722:19, 4858:1
insignificant [1] - 4834:17
inspire [1] - 4736:3
instance [1] - 4730:10
instead [4] - 4658:5, 4740:14,
4815:12, 4857:5
instruct [8] - 4645:4, 4698:15,
4698:24, 4702:4, 4731:7, 4771:20,
4771:21, 4772:3
instructed [4] - 4721:8, 4731:6,
4744:5, 4863:17
instructing [4] - 4722:1, 4732:11,
4736:6, 4775:2
instruction [21] - 4639:7, 4640:2,
4640:3, 4722:3, 4771:22, 4772:17,
4773:3, 4773:18, 4773:25, 4775:12,

4775:13, 4802:6, 4804:2, 4859:23,


4861:7, 4862:11, 4865:16, 4865:17,
4865:19, 4865:25
instructions [13] - 4639:15, 4704:21,
4736:12, 4771:6, 4771:7, 4772:14,
4773:6, 4773:13, 4775:14, 4802:4,
4859:9, 4859:19, 4862:23
instruments [1] - 4708:14
insure [1] - 4829:21
intelligence [3] - 4655:7, 4655:8,
4814:21
intend [1] - 4728:6
intended [12] - 4641:5, 4676:23,
4695:9, 4696:16, 4696:20, 4696:21,
4697:14, 4698:11, 4699:4, 4700:8,
4702:15, 4733:21
intending [1] - 4723:6
intent [53] - 4663:5, 4667:12, 4668:21,
4689:13, 4690:16, 4696:2, 4696:15,
4697:16, 4698:5, 4702:10, 4703:13,
4709:18, 4709:21, 4715:20, 4715:25,
4716:5, 4720:17, 4725:4, 4725:8,
4725:21, 4725:22, 4726:6, 4727:21,
4727:24, 4729:19, 4729:20, 4733:25,
4734:11, 4734:17, 4734:23, 4736:11,
4736:15, 4736:24, 4737:21, 4737:23,
4739:9, 4739:10, 4742:19, 4743:11,
4744:16, 4756:11, 4756:14, 4756:20,
4757:3, 4757:18, 4791:22, 4803:17,
4817:15, 4824:9, 4836:19, 4863:24,
4864:25
intentionally [4] - 4836:22, 4837:6,
4837:12, 4857:11
intentions [1] - 4652:15
intercepts [1] - 4788:4
interest [8] - 4654:20, 4679:22,
4795:11, 4796:3, 4796:6, 4796:11,
4796:12, 4796:14
interested [33] - 4675:8, 4675:12,
4677:20, 4677:22, 4678:4, 4678:18,
4678:19, 4679:13, 4679:16, 4679:17,
4679:22, 4680:21, 4681:3, 4681:4,
4688:9, 4691:14, 4692:15, 4713:3,
4716:14, 4728:22, 4732:21, 4732:23,
4738:4, 4738:8, 4768:2, 4778:9,
4811:11, 4823:19, 4835:15, 4839:7
interesting [1] - 4827:1
interests [2] - 4653:20, 4653:23
International [1] - 4700:11
international [6] - 4655:7, 4657:11,
4700:8, 4700:12, 4811:22, 4827:20
Internet [4] - 4682:4, 4721:15, 4800:2,
4806:15
interrupt [4] - 4694:18, 4704:14,
4705:18, 4706:3
interruption [1] - 4644:9
interstate [3] - 4698:22, 4698:23,
4701:24
interview [4] - 4831:11, 4831:14,
4831:18, 4833:3

20

intimate [3] - 4784:2, 4784:3, 4784:5


introduce [6] - 4655:15, 4713:8,
4841:2, 4842:21, 4843:4, 4843:16
introduced [5] - 4648:24, 4664:11,
4664:13, 4798:24, 4825:13
introduces [1] - 4711:14
introducing [3] - 4687:24, 4776:5,
4829:17
introduction [2] - 4640:10, 4778:11
introductions [1] - 4849:25
invest [3] - 4721:3, 4740:7, 4740:9
investigate [1] - 4758:17
investigation [6] - 4705:7, 4711:5,
4756:5, 4758:13, 4804:11, 4859:16
investigations [1] - 4711:7
Investigator [2] - 4635:5, 4794:22
investigator [3] - 4776:14, 4785:19,
4855:22
investment [1] - 4720:22
investments [1] - 4845:12
investors [3] - 4844:18, 4844:22,
4845:17
invites [1] - 4711:16
inviting [1] - 4785:1
involved [23] - 4665:16, 4673:3,
4682:21, 4683:2, 4688:2, 4750:2,
4750:4, 4750:6, 4750:13, 4750:20,
4810:12, 4830:25, 4833:6, 4834:11,
4835:3, 4837:9, 4841:18, 4846:11,
4847:15, 4847:24, 4847:25, 4848:1
involvement [10] - 4656:10, 4666:2,
4687:21, 4688:1, 4688:10, 4745:18,
4752:2, 4830:13, 4835:21, 4846:1
involving [1] - 4822:18
Iran [82] - 4658:6, 4658:17, 4658:21,
4677:16, 4686:9, 4688:19, 4688:22,
4689:2, 4689:18, 4689:19, 4689:22,
4731:3, 4735:17, 4741:4, 4744:19,
4776:6, 4781:22, 4783:11, 4783:13,
4783:14, 4783:20, 4783:21, 4783:23,
4784:6, 4784:7, 4784:8, 4784:12,
4785:7, 4785:10, 4785:11, 4785:12,
4785:13, 4786:5, 4786:12, 4786:15,
4786:17, 4788:2, 4788:7, 4788:14,
4788:18, 4789:7, 4789:10, 4790:5,
4790:20, 4791:13, 4791:25, 4792:1,
4792:5, 4792:8, 4794:15, 4798:25,
4812:14, 4812:15, 4812:19, 4812:20,
4812:21, 4813:1, 4813:2, 4819:5,
4819:6, 4819:10, 4847:13, 4848:14,
4848:17, 4850:4, 4850:11, 4852:22,
4853:4, 4853:9, 4853:13, 4853:15,
4853:22, 4854:5, 4854:9, 4856:10,
4856:20
Iranian [10] - 4653:13, 4655:9, 4819:4,
4837:2, 4839:18, 4852:20, 4852:22,
4853:25, 4854:7, 4856:12
IRIZARRY [1] - 4633:10
Irizarry [4] - 4659:3, 4771:8, 4814:9,
4814:19

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


irony [1] - 4674:13
irrefutable [1] - 4703:19
irrelevant [1] - 4755:8
Islam [7] - 4788:9, 4788:22, 4792:5,
4792:7, 4792:10, 4821:20, 4849:14
Islamic [8] - 4653:2, 4665:7, 4668:9,
4689:21, 4792:5, 4848:19, 4849:6,
4849:7
Island [1] - 4720:7
Israel [3] - 4649:12, 4822:4, 4822:8
Israeli [2] - 4719:5, 4819:10
issue [7] - 4637:13, 4647:6, 4667:2,
4698:21, 4709:20, 4861:15, 4862:9
issued [3] - 4753:21, 4753:22, 4851:6
issues [2] - 4637:24, 4685:19
it,he'll [1] - 4738:23
items [3] - 4731:8, 4795:18, 4796:1
itinerary [4] - 4753:3, 4753:9, 4753:21,
4851:5
itself [4] - 4657:11, 4695:6, 4699:13,
4701:11

J
jail [8] - 4634:21, 4746:3, 4746:22,
4749:25, 4812:2, 4834:23, 4835:16
JAM [2] - 4668:15, 4668:16
Jamaat [1] - 4685:12
Jamaica [1] - 4704:3
James [1] - 4815:2
January [7] - 4669:6, 4742:2, 4750:1,
4753:11, 4753:16, 4753:23, 4754:4
jar [2] - 4806:24, 4807:1
Jason [1] - 4635:2
JASON [1] - 4633:17
jeopardy [1] - 4697:1
Jewish [2] - 4819:11, 4821:18
Jews [2] - 4654:9, 4849:1
JFK [125] - 4646:14, 4646:21, 4647:3,
4647:8, 4647:12, 4647:25, 4648:13,
4648:22, 4649:13, 4649:18, 4650:19,
4654:16, 4655:12, 4655:17, 4655:22,
4656:1, 4656:25, 4657:8, 4657:17,
4657:23, 4657:25, 4658:14, 4659:24,
4660:4, 4660:11, 4660:21, 4661:3,
4661:21, 4662:3, 4662:12, 4662:21,
4662:24, 4667:11, 4671:19, 4672:5,
4672:19, 4678:13, 4681:5, 4690:9,
4690:16, 4691:11, 4692:8, 4693:15,
4695:4, 4695:10, 4695:18, 4695:20,
4696:13, 4696:25, 4698:11, 4698:23,
4699:2, 4700:11, 4700:13, 4701:10,
4702:1, 4702:15, 4703:21, 4708:24,
4709:6, 4709:12, 4711:24, 4713:3,
4716:4, 4717:4, 4717:22, 4718:4,
4718:8, 4718:24, 4719:2, 4719:17,
4720:4, 4723:18, 4724:10, 4724:13,
4727:3, 4732:4, 4740:6, 4740:16,
4745:10, 4745:14, 4752:22, 4763:12,

4765:23, 4769:4, 4783:9, 4784:2,


4784:3, 4785:9, 4806:13, 4806:14,
4808:6, 4808:19, 4808:21, 4811:9,
4812:11, 4813:16, 4814:3, 4815:25,
4820:4, 4822:19, 4828:21, 4830:1,
4830:3, 4830:10, 4830:24, 4831:12,
4833:5, 4833:10, 4833:13, 4835:4,
4835:23, 4836:22, 4839:3, 4839:4,
4839:10, 4839:13, 4844:21, 4844:22,
4844:25, 4845:18, 4848:7, 4854:6,
4858:3, 4858:15
JFK's [1] - 4696:4
jihad [2] - 4792:3, 4849:14
Jihad [4] - 4664:20, 4664:24, 4687:5,
4785:9
Jihadist [1] - 4686:13
jihadist [1] - 4849:11
job [12] - 4772:13, 4773:6, 4815:11,
4815:14, 4827:23, 4833:9, 4841:6,
4843:10, 4857:16, 4858:11, 4858:13,
4862:13
jobs [2] - 4676:16, 4710:2
John [1] - 4846:19
join [26] - 4648:24, 4662:12, 4687:17,
4695:9, 4709:22, 4715:20, 4715:25,
4716:5, 4720:17, 4723:6, 4725:4,
4725:8, 4726:6, 4733:21, 4734:1,
4734:12, 4734:23, 4736:24, 4739:9,
4745:10, 4756:11, 4756:20, 4757:3,
4757:18, 4803:17, 4830:16
joined [13] - 4635:4, 4641:3, 4745:6,
4745:15, 4747:4, 4765:6, 4766:17,
4767:12, 4813:10, 4814:16, 4823:19,
4837:11, 4849:17
joining [1] - 4864:4
joints [3] - 4673:7, 4747:14, 4748:1
joke [1] - 4741:20
JONES [13] - 4633:17, 4635:2,
4637:21, 4642:10, 4642:19, 4644:18,
4758:24, 4861:17, 4861:23, 4862:6,
4862:24, 4865:14, 4866:5
Jones [3] - 4635:2, 4825:15, 4865:22
journeyed [1] - 4837:18
JTTF [1] - 4711:7
judge [12] - 4698:15, 4698:24, 4701:1,
4702:3, 4723:10, 4775:12, 4775:13,
4796:17, 4796:18, 4814:9, 4814:19,
4835:18
Judge [7] - 4633:11, 4659:3, 4694:21,
4731:6, 4771:8, 4795:16, 4795:23
Judge's [1] - 4771:6
judges [2] - 4645:23, 4802:8
July [2] - 4633:8, 4866:12
jump [2] - 4801:12, 4852:22
jumped [1] - 4821:16
jumping [1] - 4797:8
jumps [1] - 4693:14
juncture [1] - 4637:4
June [6] - 4754:1, 4754:3, 4794:20,
4850:12, 4852:18, 4852:21

21

junior [2] - 4808:13, 4836:14


jurisdictional [5] - 4698:8, 4698:16,
4700:20, 4701:2, 4701:21
juror [3] - 4636:24, 4643:18
Juror [7] - 4637:14, 4637:19, 4637:23,
4642:5, 4643:3, 4643:12, 4644:5
jurors [13] - 4636:22, 4642:3, 4643:3,
4644:16, 4645:22, 4705:12, 4708:8,
4761:18, 4805:22, 4859:21, 4859:24,
4860:1, 4860:4
jury [67] - 4633:11, 4639:22, 4642:15,
4643:5, 4643:21, 4643:22, 4644:4,
4644:16, 4644:25, 4649:3, 4649:14,
4649:23, 4650:7, 4651:8, 4664:21,
4670:3, 4671:25, 4672:16, 4678:5,
4679:2, 4679:25, 4680:24, 4682:17,
4683:19, 4689:9, 4698:2, 4707:2,
4708:4, 4708:5, 4741:12, 4748:25,
4749:4, 4758:1, 4758:20, 4760:15,
4760:19, 4761:12, 4761:14, 4771:20,
4772:2, 4772:20, 4773:3, 4795:18,
4795:25, 4802:2, 4802:4, 4804:18,
4804:19, 4805:13, 4805:19, 4806:10,
4815:17, 4829:25, 4834:21, 4841:19,
4849:15, 4854:8, 4857:14, 4858:12,
4860:11, 4861:2, 4862:3, 4863:4,
4863:17, 4864:16, 4865:10, 4866:3
JURY [3] - 4644:1, 4762:8, 4806:9
jury's [3] - 4705:17, 4788:16, 4838:8
justice [1] - 4764:9

K
Kabir [1] - 4763:6
Kadir [286] - 4634:1, 4634:25, 4635:12,
4636:17, 4637:16, 4637:18, 4638:19,
4639:8, 4647:24, 4648:23, 4652:24,
4653:5, 4653:8, 4653:25, 4654:13,
4654:17, 4654:19, 4654:23, 4655:6,
4655:18, 4656:7, 4658:5, 4658:12,
4659:13, 4659:14, 4659:15, 4660:17,
4660:19, 4665:18, 4665:22, 4673:23,
4674:2, 4674:14, 4674:16, 4674:17,
4674:22, 4674:23, 4674:25, 4675:1,
4675:2, 4675:3, 4675:7, 4675:10,
4675:11, 4675:16, 4675:18, 4675:21,
4675:23, 4676:4, 4676:10, 4676:12,
4676:21, 4677:5, 4677:12, 4677:14,
4677:16, 4677:19, 4678:2, 4678:3,
4678:10, 4678:14, 4678:21, 4678:24,
4679:4, 4679:20, 4680:15, 4680:18,
4680:22, 4681:2, 4681:7, 4682:11,
4682:13, 4682:24, 4683:10, 4683:13,
4683:17, 4683:21, 4684:13, 4684:18,
4685:10, 4685:16, 4685:19, 4686:7,
4688:12, 4688:15, 4688:20, 4688:25,
4689:4, 4689:11, 4689:14, 4689:17,
4689:18, 4689:20, 4689:25, 4690:4,
4690:7, 4691:6, 4691:9, 4691:20,
4692:2, 4692:23, 4693:2, 4693:14,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4694:1, 4694:4, 4694:8, 4694:22,
4695:3, 4698:14, 4703:5, 4703:14,
4729:5, 4729:7, 4729:22, 4729:23,
4730:1, 4730:3, 4730:4, 4730:7,
4730:10, 4730:23, 4731:3, 4731:11,
4731:15, 4731:18, 4731:24, 4732:20,
4735:4, 4735:6, 4735:13, 4735:21,
4736:12, 4737:2, 4739:19, 4743:1,
4743:14, 4743:20, 4744:18, 4756:17,
4760:17, 4761:25, 4762:23, 4763:5,
4763:12, 4763:13, 4764:10, 4765:2,
4765:7, 4765:16, 4765:18, 4765:24,
4766:4, 4766:10, 4766:18, 4767:12,
4767:23, 4768:3, 4768:5, 4768:19,
4769:11, 4770:1, 4771:2, 4775:15,
4775:22, 4776:1, 4776:3, 4776:8,
4779:10, 4779:12, 4781:3, 4781:21,
4782:15, 4783:12, 4783:17, 4783:19,
4783:20, 4788:6, 4789:25, 4790:5,
4791:3, 4791:16, 4793:18, 4794:4,
4794:8, 4794:17, 4794:20, 4797:14,
4797:16, 4797:20, 4798:5, 4800:4,
4800:6, 4801:5, 4801:7, 4801:10,
4803:1, 4803:5, 4803:16, 4803:18,
4803:21, 4807:19, 4810:9, 4810:12,
4811:23, 4813:11, 4813:12, 4813:13,
4813:15, 4814:1, 4820:2, 4823:17,
4827:2, 4827:3, 4827:11, 4827:15,
4830:7, 4832:10, 4834:5, 4835:20,
4836:20, 4836:25, 4838:3, 4839:12,
4840:11, 4840:20, 4841:14, 4841:19,
4842:6, 4843:3, 4843:8, 4843:14,
4843:23, 4844:5, 4844:7, 4844:10,
4844:20, 4845:5, 4846:2, 4846:6,
4846:9, 4846:24, 4847:5, 4847:9,
4847:14, 4847:15, 4847:18, 4847:19,
4847:21, 4847:23, 4847:24, 4847:25,
4848:1, 4848:3, 4848:6, 4848:9,
4848:22, 4849:17, 4850:3, 4850:18,
4851:17, 4853:3, 4853:12, 4853:23,
4854:3, 4854:4, 4854:9, 4857:1,
4858:2, 4858:6, 4858:21, 4866:7
kadir [1] - 4778:13
KADIR [5] - 4633:6, 4636:19, 4780:12,
4780:25, 4810:14
Kadir's [31] - 4641:15, 4653:17,
4654:4, 4658:23, 4674:18, 4676:8,
4676:11, 4680:6, 4687:21, 4687:22,
4688:10, 4689:7, 4731:1, 4731:4,
4739:18, 4743:13, 4791:17, 4792:10,
4794:19, 4821:15, 4836:11, 4837:14,
4841:16, 4844:15, 4845:4, 4845:22,
4845:25, 4846:25, 4848:16, 4849:13,
4851:19
Kafahni [1] - 4635:11
KAFAHNI [1] - 4634:2
Kamdang [3] - 4635:7, 4662:5,
4865:15
KAMDANG [13] - 4633:22, 4635:6,
4637:13, 4642:11, 4644:19, 4707:16,

4707:20, 4760:9, 4761:22, 4805:15,


4806:1, 4862:9, 4865:21
Kareem [48] - 4658:4, 4681:14,
4686:7, 4688:8, 4689:3, 4735:8,
4738:16, 4739:11, 4739:17, 4739:20,
4739:21, 4739:22, 4739:23, 4740:3,
4740:4, 4740:6, 4740:19, 4741:1,
4741:2, 4743:5, 4743:8, 4743:12,
4764:12, 4764:17, 4764:19, 4777:22,
4778:4, 4789:10, 4793:20, 4800:10,
4800:11, 4801:5, 4801:9, 4809:9,
4812:12, 4812:16, 4820:2, 4820:4,
4821:15, 4821:16, 4821:17, 4837:23,
4844:3, 4844:4, 4853:10, 4853:20,
4854:4
Kareem's [1] - 4793:19
keep [18] - 4665:19, 4679:17, 4704:18,
4704:25, 4713:23, 4739:1, 4750:10,
4751:16, 4751:20, 4758:6, 4797:8,
4799:7, 4824:11, 4832:21, 4846:21,
4859:7, 4859:24, 4860:3
keeps [3] - 4720:24, 4720:25, 4845:23
Kennedy [1] - 4846:19
kept [3] - 4674:6, 4751:19, 4857:2
key [2] - 4834:10, 4852:12
keys [1] - 4796:22
Khomeini [7] - 4653:12, 4653:16,
4654:1, 4784:14, 4784:19, 4785:2,
4848:12
Khomeini's [1] - 4850:14
kick [2] - 4783:8, 4784:1
kicked [2] - 4728:25, 4789:22
kid [2] - 4652:3, 4808:9
kids [4] - 4791:23, 4792:6, 4806:23,
4855:14
kids' [1] - 4776:25
kill [5] - 4652:4, 4652:5, 4693:25,
4821:19, 4858:5
killed [3] - 4661:14, 4697:3, 4811:19
kilo [2] - 4750:5, 4751:1
kilos [1] - 4751:13
kind [38] - 4644:22, 4655:24, 4666:9,
4666:18, 4666:20, 4668:24, 4674:6,
4677:23, 4684:19, 4685:7, 4686:1,
4692:12, 4695:2, 4705:6, 4705:8,
4709:24, 4710:10, 4713:14, 4743:7,
4745:24, 4747:9, 4748:1, 4758:13,
4758:16, 4758:17, 4770:11, 4804:11,
4804:12, 4805:10, 4819:15, 4831:22,
4834:12, 4834:17, 4859:14, 4859:16,
4859:17, 4864:21
knock [2] - 4699:25, 4700:15
knowing [11] - 4683:22, 4685:17,
4701:7, 4710:24, 4716:13, 4740:19,
4746:17, 4781:23, 4803:6, 4837:5,
4864:25
knowingly [2] - 4837:12, 4857:11
knowledge [18] - 4651:11, 4672:7,
4672:8, 4672:9, 4717:1, 4717:3,
4718:16, 4720:4, 4723:18, 4739:23,

22

4784:2, 4784:3, 4784:5, 4816:16,


4829:20, 4836:19, 4854:5
known [17] - 4643:12, 4658:3,
4665:16, 4667:8, 4668:10, 4672:4,
4676:19, 4676:20, 4683:23, 4688:1,
4739:25, 4741:1, 4780:4, 4819:7,
4829:2, 4829:23, 4863:25
knows [32] - 4650:5, 4651:12,
4651:14, 4678:10, 4678:13, 4682:11,
4682:23, 4683:11, 4686:8, 4687:3,
4716:15, 4718:17, 4728:16, 4728:17,
4735:25, 4738:10, 4748:15, 4749:9,
4752:3, 4755:24, 4765:20, 4779:16,
4821:10, 4836:3, 4839:18, 4847:24,
4847:25, 4848:1, 4853:24, 4856:19
Kosovo [2] - 4745:12, 4745:13
Kufr [1] - 4848:18
Kutub [5] - 4849:8, 4849:9, 4849:11,
4849:12

L
lack [2] - 4831:19, 4862:17
Laden [1] - 4846:9
ladies [53] - 4643:25, 4644:21,
4644:25, 4651:24, 4685:6, 4705:11,
4708:7, 4708:13, 4708:20, 4709:20,
4713:10, 4719:16, 4720:5, 4721:11,
4723:1, 4723:3, 4723:14, 4724:1,
4724:3, 4727:4, 4730:25, 4731:23,
4733:4, 4734:16, 4735:18, 4737:12,
4737:22, 4740:2, 4740:22, 4741:10,
4747:25, 4748:10, 4749:1, 4749:22,
4751:15, 4751:17, 4754:11, 4754:24,
4756:10, 4757:4, 4758:5, 4758:21,
4761:17, 4761:23, 4762:7, 4775:1,
4788:10, 4788:12, 4803:24, 4805:20,
4806:2, 4808:3, 4858:24
Ladin [1] - 4815:2
lady [2] - 4643:4, 4780:16
Lafayette [1] - 4634:4
LaGuardia [1] - 4697:6
laid [2] - 4639:9, 4670:8
land [6] - 4673:22, 4698:20, 4698:23,
4699:2, 4822:11, 4822:14
language [7] - 4641:6, 4862:11,
4862:14, 4862:21, 4862:22, 4865:23,
4866:2
laptop [4] - 4705:24, 4707:12,
4707:15, 4760:25
large [5] - 4691:1, 4718:12, 4750:5,
4844:24, 4845:16
largely [1] - 4671:23
laser [1] - 4848:20
last [11] - 4637:24, 4639:16, 4656:8,
4660:15, 4681:6, 4702:6, 4802:14,
4802:15, 4848:2, 4853:3, 4857:1
lasted [1] - 4796:20
late [5] - 4636:23, 4662:1, 4665:6,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4753:11, 4754:4
Latif [2] - 4848:15, 4848:16
laughable [4] - 4656:3, 4656:4,
4691:19
laughing [2] - 4727:7, 4741:18
launder [1] - 4658:19
LAW [1] - 4634:1
law [50] - 4640:20, 4645:5, 4645:7,
4653:19, 4654:2, 4657:9, 4657:11,
4659:2, 4660:13, 4682:20, 4685:12,
4704:22, 4724:22, 4761:8, 4771:21,
4772:2, 4772:5, 4772:11, 4772:12,
4772:18, 4772:20, 4772:23, 4772:24,
4773:6, 4773:7, 4773:21, 4775:2,
4775:3, 4780:22, 4802:6, 4804:2,
4811:22, 4813:8, 4814:10, 4814:20,
4825:1, 4825:8, 4828:22, 4828:23,
4857:18, 4857:21, 4857:23, 4857:25,
4858:9, 4858:11, 4859:9, 4859:19,
4859:23, 4865:4
lawful [1] - 4857:21
laws [3] - 4646:22, 4701:19, 4857:18
lawsuit [3] - 4714:5, 4715:24, 4725:11
lawyers [1] - 4771:22
layout [3] - 4658:16, 4669:7, 4703:9
lead [2] - 4747:3, 4826:11
leader [6] - 4665:14, 4784:19,
4786:11, 4786:22, 4788:20, 4855:2
leader's [1] - 4653:18
leaders [5] - 4784:13, 4786:16,
4854:8, 4855:4, 4855:8
leadership [9] - 4658:6, 4658:21,
4688:19, 4689:23, 4689:24, 4812:15,
4819:4, 4839:18, 4847:13
leading [1] - 4816:14
learn [5] - 4676:7, 4699:15, 4792:7,
4814:23, 4818:7
learned [9] - 4684:25, 4739:12,
4739:13, 4775:19, 4811:17, 4811:19,
4811:21, 4827:20
learning [1] - 4770:2
learns [2] - 4685:25, 4728:11
least [6] - 4638:11, 4638:24, 4639:2,
4679:10, 4757:12, 4785:10
leave [8] - 4705:12, 4740:18, 4740:22,
4740:25, 4775:18, 4775:19, 4797:18,
4852:9
leaves [6] - 4643:18, 4735:9, 4764:23,
4851:10, 4851:12, 4860:11
led [1] - 4672:24
left [15] - 4648:18, 4662:21, 4663:8,
4669:13, 4676:16, 4680:19, 4697:6,
4715:15, 4751:14, 4755:23, 4803:25,
4807:2, 4813:5, 4855:13, 4863:2
legal [2] - 4640:9, 4858:9
LEN [1] - 4633:22
Len [1] - 4635:7
lend [1] - 4773:20
length [2] - 4812:17, 4837:24
lengths [1] - 4684:1

lengthy [2] - 4749:16, 4835:19


lent [1] - 4653:6
less [11] - 4642:17, 4649:20, 4650:13,
4679:18, 4710:24, 4760:19, 4760:21,
4760:22, 4811:14, 4821:25, 4822:1
lessen [1] - 4748:16
lesson [2] - 4646:10, 4646:12
letter [7] - 4749:10, 4777:17, 4788:3,
4791:2, 4791:4, 4791:6
letters [3] - 4786:18, 4786:19, 4839:17
letting [2] - 4652:20, 4736:8
level [2] - 4679:21, 4864:12
Levin [2] - 4786:14
Levitt [10] - 4667:5, 4667:17, 4712:19,
4746:19, 4812:25, 4818:13, 4819:5,
4819:6, 4819:10, 4849:9
liar [4] - 4718:21, 4744:22, 4747:1,
4748:7
Libya [1] - 4668:17
license [2] - 4816:19, 4817:1
lie [16] - 4659:19, 4677:25, 4683:21,
4692:23, 4695:8, 4695:9, 4745:16,
4745:19, 4746:12, 4749:7, 4750:18,
4750:21, 4827:13, 4835:9, 4835:16,
4846:12
lied [4] - 4678:21, 4695:7, 4752:16,
4856:13
lies [4] - 4728:1, 4830:25, 4835:16,
4837:15
Lieutenant [1] - 4719:10
life [14] - 4648:12, 4653:11, 4661:13,
4710:1, 4741:15, 4746:1, 4775:19,
4790:14, 4792:10, 4796:5, 4812:2,
4834:24, 4835:17
lifetime [3] - 4748:17, 4748:22, 4749:4
light [1] - 4865:23
Light [4] - 4666:13, 4666:15, 4666:17,
4675:19
likely [13] - 4668:7, 4682:21, 4682:22,
4699:9, 4700:9, 4702:11, 4702:17,
4724:9, 4728:21, 4811:14, 4811:15,
4813:1, 4864:22
limiting [5] - 4639:7, 4639:14, 4640:2,
4640:3, 4861:7
Linden [7] - 4730:4, 4735:1, 4735:4,
4735:6, 4735:10, 4736:12, 4737:15
Lindendale [1] - 4789:3
line [5] - 4650:22, 4710:9, 4730:9,
4731:18, 4797:1
lines [3] - 4656:19, 4702:1, 4815:23
links [1] - 4819:22
lipped [1] - 4654:25
lips [1] - 4806:25
list [7] - 4667:20, 4861:15, 4861:18,
4861:24, 4861:25, 4862:1, 4862:2
listen [42] - 4649:2, 4649:25, 4651:10,
4683:16, 4683:17, 4705:5, 4714:19,
4716:10, 4716:20, 4717:5, 4719:19,
4719:25, 4721:5, 4723:19, 4731:16,
4732:6, 4735:19, 4735:21, 4738:1,

23

4738:5, 4738:11, 4740:14, 4741:7,


4741:11, 4742:16, 4742:25, 4743:5,
4743:24, 4744:3, 4747:15, 4747:18,
4752:11, 4755:9, 4755:12, 4758:12,
4758:15, 4764:1, 4775:13, 4775:14,
4824:13, 4858:14, 4859:14
listened [7] - 4692:6, 4692:9, 4815:6,
4822:24, 4826:7, 4834:1, 4840:9
listening [7] - 4652:13, 4683:18,
4684:5, 4736:17, 4741:13, 4744:7,
4862:16
live [5] - 4714:4, 4778:7, 4798:19,
4798:20, 4803:15
lived [7] - 4648:10, 4683:14, 4683:24,
4717:2, 4792:10, 4836:2, 4856:15
lives [11] - 4646:11, 4661:6, 4661:7,
4696:24, 4697:1, 4697:14, 4703:23,
4746:14, 4793:6, 4798:21, 4826:1
living [13] - 4658:24, 4674:18,
4733:15, 4734:7, 4762:9, 4762:10,
4762:11, 4769:18, 4769:19, 4769:21,
4799:2, 4823:6, 4828:4
load [1] - 4649:12
loading [1] - 4718:22
local [1] - 4811:22
location [2] - 4654:20, 4824:4
locked [1] - 4794:20
logical [2] - 4645:21, 4803:11
logistical [1] - 4713:22
Lone [1] - 4785:16
long-term [1] - 4708:24
look [96] - 4640:20, 4640:22, 4653:16,
4655:12, 4669:11, 4669:18, 4677:4,
4677:23, 4679:9, 4681:12, 4699:15,
4705:4, 4715:18, 4717:16, 4717:24,
4722:12, 4722:21, 4731:16, 4735:10,
4735:19, 4735:20, 4735:23, 4736:24,
4736:25, 4737:25, 4738:16, 4744:20,
4746:22, 4748:10, 4752:20, 4754:12,
4758:11, 4758:15, 4760:5, 4768:1,
4768:23, 4769:15, 4770:13, 4778:19,
4779:11, 4782:12, 4785:9, 4799:9,
4801:24, 4804:9, 4807:12, 4807:22,
4808:24, 4808:25, 4809:6, 4809:14,
4809:17, 4809:20, 4810:12, 4810:20,
4810:25, 4814:5, 4821:1, 4823:3,
4825:12, 4826:16, 4827:4, 4828:6,
4831:10, 4832:19, 4835:7, 4840:5,
4841:16, 4842:21, 4843:12, 4844:1,
4845:25, 4846:20, 4848:10, 4848:15,
4849:6, 4850:10, 4850:23, 4851:4,
4851:5, 4851:18, 4851:19, 4851:20,
4852:5, 4852:7, 4852:19, 4855:1,
4855:8, 4855:17, 4855:22, 4858:13,
4858:16, 4859:14
Look [1] - 4696:25
looked [7] - 4661:24, 4732:24,
4751:18, 4768:21, 4818:2, 4818:7,
4844:11
looking [25] - 4640:24, 4667:13,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4672:4, 4673:15, 4687:16, 4700:2,
4721:14, 4732:7, 4732:13, 4757:21,
4757:22, 4769:6, 4769:9, 4769:12,
4769:13, 4794:7, 4796:15, 4797:6,
4797:7, 4801:22, 4818:3, 4828:16,
4828:19, 4829:1
looks [6] - 4651:4, 4715:14, 4732:15,
4746:9, 4754:11, 4861:20
loose [1] - 4654:25
loose-lipped [1] - 4654:25
lose [10] - 4691:11, 4698:6, 4734:6,
4734:7, 4770:4, 4776:24, 4781:14,
4796:6, 4796:7
losing [1] - 4673:13
loss [3] - 4661:13, 4696:3, 4696:18
lost [2] - 4651:13, 4661:7
Louis [2] - 4719:14, 4754:20
lousy [1] - 4757:17
love [1] - 4809:21
loves [1] - 4769:5
loving [1] - 4791:18
low [3] - 4715:9, 4746:7, 4786:21
lower [1] - 4751:6
lucky [1] - 4668:18
lunch [7] - 4704:13, 4705:17, 4741:10,
4758:3, 4758:9, 4758:19, 4789:19
Lunch [1] - 4759:3
lunches [1] - 4758:2
lying [2] - 4746:11, 4750:15

M
machine [4] - 4720:22, 4720:23,
4740:5, 4742:24
machinery [1] - 4824:24
mail [4] - 4651:1, 4651:3, 4651:5,
4651:6
mailed [1] - 4861:10
mails [1] - 4714:8
main [4] - 4666:6, 4675:3, 4690:21,
4815:20
major [10] - 4696:3, 4696:12, 4696:18,
4697:16, 4698:6, 4705:22, 4722:22,
4756:14, 4792:4
maker [2] - 4667:4, 4667:6
mall [1] - 4677:17
man [31] - 4648:7, 4652:24, 4653:7,
4655:1, 4662:6, 4662:18, 4667:17,
4668:10, 4682:8, 4683:23, 4684:11,
4685:18, 4686:2, 4686:7, 4708:21,
4708:24, 4709:3, 4709:6, 4710:10,
4715:22, 4719:22, 4723:25, 4730:11,
4736:19, 4740:14, 4757:7, 4757:18,
4762:20, 4763:14, 4803:16, 4826:17
man's [1] - 4731:1
manage [4] - 4709:17, 4713:25,
4825:7
managed [1] - 4648:12
Manhattan [2] - 4721:15, 4721:17

manifests [2] - 4718:23, 4719:1


manipulate [1] - 4827:15
manipulated [2] - 4826:6, 4827:2
manipulating [1] - 4827:11
manipulation [1] - 4862:18
manner [2] - 4857:17, 4857:21
map [16] - 4669:16, 4699:15, 4732:4,
4732:14, 4732:15, 4732:18, 4735:6,
4735:9, 4740:18, 4785:20, 4797:20,
4798:2, 4800:7, 4801:22, 4801:23
maps [3] - 4717:21, 4717:22, 4801:23
March [3] - 4678:2, 4678:24, 4732:19
MARIE [1] - 4634:3
marked [3] - 4718:1, 4727:13, 4801:1
married [3] - 4747:8, 4770:16
MARSHAL [2] - 4636:10, 4760:12
marshaled [1] - 4848:18
MARSHALL [1] - 4633:17
Marshall [1] - 4635:2
marshals [2] - 4759:1, 4804:20
Marshals [1] - 4760:6
martial [3] - 4674:2, 4674:17, 4742:10
martyr [5] - 4664:20, 4664:23, 4665:1,
4755:11, 4755:21
Masood [2] - 4711:21, 4712:11
mass [11] - 4701:5, 4701:6, 4701:8,
4701:10, 4701:11, 4701:23, 4702:9,
4702:11, 4702:16, 4703:13, 4834:22
massacres [1] - 4687:17
massive [1] - 4666:10
master [1] - 4790:3
mastermind [1] - 4709:13
materials [1] - 4699:7
Matt [1] - 4746:19
matt [1] - 4667:5
matter [26] - 4636:21, 4637:11,
4637:18, 4641:22, 4657:12, 4733:20,
4737:22, 4762:21, 4766:12, 4766:13,
4787:4, 4789:16, 4800:5, 4814:7,
4814:9, 4821:14, 4836:23, 4838:10,
4839:15, 4839:16, 4839:17, 4839:18,
4849:19, 4855:11, 4863:18, 4866:12
Matter [2] - 4771:24, 4774:3
mattered [2] - 4818:17, 4824:16
matters [7] - 4635:8, 4635:12, 4636:3,
4636:5, 4682:23, 4796:10, 4835:12
Matthew [1] - 4712:19
maximize [1] - 4682:15
mayor [5] - 4653:1, 4665:18, 4730:3,
4730:12, 4786:25
MDC [1] - 4636:2
mean [17] - 4651:23, 4660:2, 4660:7,
4673:16, 4701:9, 4724:21, 4738:21,
4739:7, 4783:11, 4789:9, 4790:16,
4801:11, 4801:13, 4807:5, 4830:19,
4831:8, 4836:13
means [12] - 4643:6, 4644:11, 4654:9,
4664:23, 4664:24, 4665:1, 4698:19,
4703:10, 4724:22, 4748:8, 4757:6,
4813:19

24

meant [9] - 4660:10, 4682:1, 4749:8,


4752:7, 4793:22, 4830:21, 4831:4,
4831:13, 4852:13
media [7] - 4705:6, 4705:8, 4758:17,
4804:12, 4818:15, 4859:14, 4859:17
meet [26] - 4658:18, 4664:7, 4665:5,
4668:13, 4681:9, 4681:15, 4681:18,
4710:18, 4711:17, 4713:8, 4713:14,
4714:16, 4729:21, 4730:7, 4730:18,
4730:23, 4735:14, 4735:22, 4739:17,
4765:19, 4766:14, 4833:21, 4837:18,
4839:21, 4847:7, 4847:23
meeting [24] - 4646:16, 4646:17,
4673:4, 4673:25, 4674:12, 4674:16,
4677:14, 4677:16, 4677:19, 4685:24,
4713:20, 4729:7, 4729:8, 4729:22,
4731:23, 4732:13, 4735:7, 4750:14,
4778:9, 4779:23, 4811:11, 4834:5,
4837:16, 4839:13
meetings [10] - 4660:20, 4668:22,
4711:9, 4711:18, 4747:3, 4827:21,
4827:22, 4829:22, 4833:7, 4834:12
meets [7] - 4685:22, 4710:10, 4711:20,
4711:21, 4711:22, 4766:1
meltdown [1] - 4722:22
member [17] - 4647:4, 4653:1, 4655:5,
4680:4, 4698:12, 4700:23, 4763:5,
4771:9, 4771:11, 4808:23, 4830:10,
4831:20, 4831:21, 4832:4, 4832:5,
4841:20, 4854:11
members [17] - 4644:4, 4647:25,
4648:1, 4657:4, 4668:15, 4668:16,
4673:13, 4684:9, 4695:13, 4806:10,
4815:17, 4829:25, 4834:21, 4841:19,
4849:15, 4854:8, 4857:14
membership [1] - 4695:15
memory [6] - 4744:22, 4747:1, 4748:6,
4750:9, 4771:5, 4771:6
men [12] - 4646:8, 4656:20, 4688:24,
4709:25, 4710:1, 4710:2, 4710:3,
4732:13, 4741:24, 4742:13, 4808:14,
4853:16
mention [5] - 4641:2, 4675:23, 4795:1,
4807:9, 4832:9
mentioned [8] - 4639:16, 4753:7,
4769:3, 4769:13, 4775:1, 4778:4,
4847:8, 4864:6
mere [3] - 4648:1, 4661:7, 4661:16
message [3] - 4749:19, 4749:21
MESSINA [3] - 4634:3, 4635:15,
4635:18
Messina [4] - 4635:11, 4635:14,
4854:16, 4855:2
met [15] - 4674:2, 4683:14, 4710:6,
4724:23, 4730:11, 4730:17, 4763:16,
4763:18, 4765:18, 4766:13, 4773:9,
4791:11, 4811:8, 4811:10, 4856:15
metal [1] - 4719:13
microphone [1] - 4642:14
mid [1] - 4817:9

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


middle [2] - 4707:18, 4852:20
might [17] - 4692:15, 4705:5, 4727:4,
4746:20, 4746:22, 4748:3, 4758:12,
4789:17, 4792:25, 4795:8, 4804:10,
4823:10, 4825:3, 4846:3, 4859:15,
4864:20, 4866:3
mike [2] - 4694:19, 4694:20
MILDRED [1] - 4633:22
Mildred [1] - 4635:7
militant [2] - 4789:5, 4855:12
military [3] - 4718:24, 4822:16, 4855:6
miller [1] - 4858:23
MILLER [27] - 4633:17, 4708:10,
4761:20, 4768:7, 4771:16, 4772:1,
4772:9, 4772:22, 4772:25, 4773:24,
4788:15, 4794:24, 4795:16, 4795:23,
4802:1, 4805:5, 4805:9, 4805:14,
4805:24, 4806:7, 4806:10, 4823:24,
4838:6, 4839:1, 4851:17, 4853:2,
4867:7
Miller [6] - 4635:2, 4805:1, 4805:3,
4806:4, 4806:5, 4806:6
million [2] - 4696:6, 4696:14
millions [1] - 4740:15
mind [15] - 4679:6, 4679:17, 4686:17,
4704:18, 4708:21, 4753:5, 4757:19,
4758:6, 4785:14, 4793:23, 4797:11,
4797:12, 4803:10, 4832:21, 4859:7
minded [4] - 4654:14, 4673:15,
4673:16, 4736:19
minds [1] - 4704:25
minimal [1] - 4865:13
minister [1] - 4684:9
Minister [1] - 4818:25
Ministry [1] - 4676:15
minute [15] - 4648:5, 4651:25,
4652:23, 4656:8, 4661:17, 4681:6,
4705:15, 4765:10, 4777:5, 4827:7,
4827:19, 4830:22, 4836:18, 4847:17,
4853:3
Minutes [1] - 4634:12
minutes [6] - 4637:10, 4640:7,
4704:13, 4707:4, 4755:22, 4804:15
misguided [2] - 4692:17, 4837:4
misled [1] - 4683:12
missed [1] - 4811:3
missile [1] - 4649:12
missiles [8] - 4718:22, 4719:1, 4822:5,
4822:8, 4822:11, 4822:18, 4822:19,
4848:20
missing [3] - 4764:24, 4767:5, 4811:5
mission [9] - 4710:24, 4810:6,
4810:14, 4813:20, 4814:1, 4814:3,
4848:5, 4848:6, 4848:7
mistake [1] - 4673:16
mock [1] - 4658:19
modest [1] - 4690:23
modifying [1] - 4638:16
Mohammad [1] - 4733:10
Mohammed [10] - 4733:22, 4735:24,

4736:2, 4737:3, 4744:1, 4744:2,


4744:5, 4752:10, 4826:21
Mohsen [8] - 4790:20, 4790:21,
4791:4, 4791:8, 4791:11, 4839:17,
4854:7
mold [1] - 4652:24
moment [12] - 4638:22, 4652:2,
4652:7, 4652:10, 4657:16, 4657:22,
4658:13, 4658:24, 4663:1, 4691:6,
4770:21, 4854:13
Monday [1] - 4678:15
money [55] - 4683:3, 4690:1, 4690:3,
4715:6, 4715:7, 4715:14, 4719:7,
4720:24, 4721:2, 4725:21, 4728:8,
4728:13, 4731:24, 4733:17, 4737:11,
4737:12, 4737:25, 4738:3, 4738:6,
4738:10, 4738:13, 4739:12, 4741:24,
4743:13, 4750:17, 4751:16, 4751:19,
4751:21, 4756:12, 4757:16, 4764:3,
4770:11, 4788:3, 4798:10, 4798:11,
4802:20, 4802:21, 4802:22, 4802:23,
4803:9, 4803:13, 4823:11, 4823:14,
4827:18, 4831:6, 4831:8, 4837:1,
4844:15, 4844:24, 4845:2, 4847:19,
4857:15, 4858:7
moneys [1] - 4784:10
monies [2] - 4844:23, 4845:17
monitors [2] - 4642:20, 4644:22
month [5] - 4646:4, 4665:6, 4710:24,
4750:15, 4750:16
months [9] - 4638:9, 4646:16, 4742:4,
4750:6, 4750:10, 4754:2, 4796:20,
4858:6
morale [1] - 4786:21
morning [14] - 4635:6, 4635:10,
4636:16, 4636:18, 4636:19, 4636:25,
4641:13, 4642:25, 4643:1, 4643:25,
4644:1, 4646:4, 4804:1, 4861:4
mosque [30] - 4666:3, 4673:7, 4683:3,
4685:4, 4689:25, 4690:3, 4731:11,
4731:21, 4742:7, 4742:9, 4765:16,
4765:24, 4770:5, 4770:6, 4776:24,
4778:3, 4778:22, 4788:3, 4798:11,
4798:14, 4803:10, 4845:2, 4845:4,
4845:10, 4849:5, 4849:9, 4849:13,
4854:17, 4854:18, 4854:23
most [21] - 4659:6, 4660:24, 4665:12,
4667:19, 4668:8, 4672:7, 4678:12,
4688:6, 4691:2, 4718:21, 4739:6,
4749:8, 4751:20, 4765:3, 4766:9,
4767:21, 4798:4, 4808:22, 4815:20,
4819:21, 4840:15
mother [1] - 4636:25
Mother [1] - 4667:23
motivated [2] - 4648:2, 4697:22
motivation [1] - 4656:15
motive [4] - 4674:6, 4798:8, 4837:10,
4849:16
motives [1] - 4822:3
mountain [2] - 4651:18, 4691:22

mounts [1] - 4651:21


mourning [1] - 4650:10
mouth [7] - 4660:25, 4708:21,
4736:19, 4757:19, 4769:25, 4808:10,
4845:24
mouths [2] - 4659:7, 4807:8
move [11] - 4642:7, 4644:8, 4644:12,
4656:12, 4659:5, 4694:19, 4695:11,
4697:16, 4698:17, 4847:11, 4856:25
movement [7] - 4688:23, 4688:24,
4849:11, 4853:15, 4853:17, 4853:21,
4853:22
movie [2] - 4823:25, 4824:11
movies [2] - 4713:11, 4722:11
moving [2] - 4681:12, 4700:6
MR [110] - 4635:2, 4635:6, 4635:10,
4636:18, 4636:19, 4637:13, 4637:17,
4637:21, 4638:22, 4639:4, 4641:13,
4641:19, 4642:2, 4642:10, 4642:11,
4642:12, 4642:19, 4644:18, 4644:19,
4644:20, 4707:16, 4707:20, 4708:10,
4708:12, 4758:24, 4758:25, 4760:9,
4760:22, 4761:3, 4761:6, 4761:10,
4761:20, 4761:21, 4761:22, 4762:3,
4762:4, 4762:5, 4762:7, 4762:9,
4767:10, 4768:7, 4768:8, 4768:11,
4771:16, 4771:18, 4772:1, 4772:9,
4772:12, 4772:16, 4772:22, 4772:23,
4772:25, 4773:1, 4773:16, 4773:19,
4773:23, 4773:24, 4774:1, 4775:11,
4780:12, 4780:14, 4780:20, 4780:25,
4784:25, 4788:1, 4788:15, 4788:18,
4794:24, 4795:1, 4795:16, 4795:20,
4795:23, 4796:2, 4801:1, 4802:1,
4802:14, 4802:17, 4803:2, 4803:5,
4805:5, 4805:9, 4805:14, 4805:15,
4805:16, 4805:24, 4805:25, 4806:1,
4806:7, 4806:10, 4823:21, 4823:24,
4838:5, 4838:6, 4839:1, 4851:15,
4851:17, 4852:25, 4853:2, 4861:17,
4861:23, 4862:6, 4862:8, 4862:9,
4862:24, 4865:14, 4865:21, 4866:5,
4866:10, 4867:6, 4867:7
MS [38] - 4635:15, 4635:18, 4646:3,
4649:5, 4649:16, 4649:25, 4650:9,
4651:10, 4664:23, 4670:5, 4672:2,
4672:18, 4678:7, 4679:4, 4680:2,
4681:1, 4682:19, 4683:21, 4689:11,
4694:21, 4698:4, 4705:20, 4707:6,
4707:13, 4707:24, 4708:3, 4708:11,
4708:20, 4722:18, 4723:1, 4727:1,
4741:9, 4760:5, 4861:12, 4862:7,
4863:19, 4867:4, 4867:5
Mudahjin [1] - 4785:4
muddy [1] - 4865:22
mugging [1] - 4677:18
Muhammed [3] - 4688:14, 4721:8,
4844:25
multi [1] - 4750:4
multiple [3] - 4820:15, 4820:21,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

25

U.S.A. v. DEFREITAS and KADIR


4844:4
multitude [1] - 4768:17
murder [2] - 4685:2, 4687:10
murders [1] - 4687:10
Murkler [1] - 4669:23
Musabe [1] - 4785:2
Muslim [9] - 4778:2, 4788:20, 4788:23,
4792:6, 4792:7, 4792:9, 4792:11,
4837:4, 4857:9
Muslimeen [1] - 4685:13
Muslims [29] - 4648:3, 4649:11,
4650:3, 4653:14, 4654:8, 4654:11,
4656:14, 4656:21, 4683:4, 4684:11,
4686:22, 4687:1, 4687:7, 4687:8,
4687:11, 4709:3, 4710:15, 4745:11,
4745:13, 4791:7, 4792:4, 4821:19,
4839:22, 4848:24, 4848:25, 4849:11,
4849:13, 4857:3, 4857:7
must [6] - 4700:9, 4712:1, 4712:6,
4730:11, 4758:1, 4804:5
Mustang [1] - 4836:10
muster [1] - 4666:4
mutual [1] - 4664:8

N
Nada [1] - 4763:21
name [21] - 4666:15, 4675:17,
4675:19, 4675:22, 4687:9, 4780:20,
4780:21, 4780:23, 4780:24, 4780:25,
4781:4, 4781:7, 4790:20, 4808:13,
4827:3, 4827:6, 4827:8, 4827:10,
4827:11, 4827:14
names [2] - 4665:22, 4673:6
Napoli [12] - 4674:7, 4674:8, 4719:10,
4719:14, 4752:15, 4754:20, 4766:25,
4767:15, 4767:22, 4768:11, 4776:9,
4826:10
Napoli's [2] - 4768:6, 4768:10
national [1] - 4698:12
native [1] - 4855:5
naturalized [2] - 4648:10, 4701:1
nature [1] - 4663:24
navigated [1] - 4862:25
near [12] - 4696:9, 4697:5, 4699:8,
4699:18, 4699:20, 4701:5, 4701:13,
4702:11, 4702:15, 4716:24, 4716:25,
4859:25
nearby [1] - 4816:6
nearest [1] - 4786:13
necessary [8] - 4639:22, 4657:20,
4658:7, 4658:22, 4661:15, 4663:4,
4671:4, 4862:15
need [40] - 4636:3, 4637:5, 4640:1,
4642:21, 4644:24, 4666:7, 4666:25,
4667:12, 4668:20, 4681:19, 4682:3,
4682:5, 4688:15, 4693:11, 4696:19,
4697:13, 4702:25, 4704:25, 4705:23,
4707:4, 4724:18, 4731:10, 4743:16,

4752:5, 4752:7, 4761:9, 4770:11,


4779:12, 4781:22, 4783:17, 4783:19,
4791:7, 4794:2, 4809:20, 4818:5,
4820:5, 4825:5, 4850:8, 4859:1
needed [12] - 4666:20, 4668:6,
4668:24, 4671:8, 4677:3, 4770:9,
4772:21, 4779:14, 4783:12, 4819:19,
4828:9, 4828:10
needs [1] - 4683:9
neighborhood [1] - 4717:2
nephew [1] - 4811:20
Nero [72] - 4648:23, 4657:23, 4661:8,
4661:17, 4661:22, 4661:24, 4661:25,
4662:2, 4662:9, 4663:2, 4663:8,
4663:11, 4664:14, 4664:18, 4665:1,
4665:7, 4666:1, 4666:14, 4667:1,
4667:6, 4667:13, 4669:2, 4671:16,
4672:2, 4673:2, 4673:5, 4675:18,
4697:1, 4699:11, 4710:7, 4710:8,
4710:22, 4711:15, 4711:21, 4712:2,
4712:7, 4727:2, 4727:21, 4728:21,
4744:21, 4744:22, 4745:3, 4745:17,
4745:20, 4745:21, 4746:10, 4746:12,
4746:16, 4746:22, 4747:2, 4747:10,
4747:13, 4747:21, 4756:17, 4763:17,
4789:21, 4789:22, 4807:18, 4807:24,
4824:15, 4824:19, 4831:23, 4832:13,
4832:15, 4832:25, 4833:3, 4834:1,
4834:13, 4834:20, 4835:8
Nero's [6] - 4662:16, 4673:9, 4745:6,
4746:25, 4748:5, 4832:20
nero's [1] - 4662:18
nervous [2] - 4673:3, 4674:1
never [73] - 4641:3, 4641:4, 4660:6,
4660:10, 4660:12, 4668:18, 4669:10,
4673:6, 4676:16, 4677:22, 4678:18,
4679:13, 4683:14, 4710:2, 4710:3,
4710:4, 4711:2, 4719:14, 4720:4,
4725:15, 4733:21, 4754:19, 4762:23,
4763:15, 4763:16, 4763:17, 4763:18,
4763:19, 4763:20, 4763:21, 4764:14,
4764:15, 4764:16, 4764:18, 4767:16,
4767:17, 4768:11, 4770:25, 4771:3,
4773:9, 4776:5, 4776:20, 4778:4,
4778:13, 4778:25, 4779:2, 4782:17,
4784:2, 4788:7, 4788:8, 4788:18,
4791:10, 4791:11, 4791:20, 4793:25,
4796:17, 4798:12, 4799:10, 4801:18,
4801:21, 4803:18, 4807:21, 4831:13,
4834:1, 4834:14, 4834:16, 4863:9
Neville [2] - 4789:23, 4828:12
NEW [1] - 4633:1
new [20] - 4675:16, 4677:8, 4689:4,
4689:18, 4693:14, 4729:2, 4741:23,
4742:12, 4750:13, 4796:4, 4808:17,
4813:21, 4824:24, 4824:25, 4825:6,
4828:9, 4828:10, 4844:12
New [31] - 4633:5, 4633:16, 4633:23,
4633:24, 4634:2, 4634:5, 4634:9,
4646:11, 4650:5, 4680:14, 4710:15,

26

4714:3, 4714:5, 4714:12, 4714:15,


4714:18, 4714:21, 4715:5, 4715:12,
4715:19, 4715:25, 4716:9, 4725:2,
4725:10, 4725:12, 4733:18, 4747:17,
4756:24, 4828:4
news [1] - 4679:7
newspaper [1] - 4786:11
next [32] - 4643:10, 4678:9, 4678:15,
4678:22, 4688:18, 4692:10, 4697:5,
4697:8, 4699:17, 4700:4, 4703:14,
4704:14, 4726:11, 4727:18, 4732:13,
4741:22, 4766:1, 4771:24, 4774:3,
4787:4, 4797:12, 4800:14, 4809:14,
4810:7, 4818:18, 4838:10, 4842:23,
4847:7, 4852:14, 4853:11, 4859:18,
4860:12
nice [1] - 4644:3
niece [1] - 4769:5
night [7] - 4637:25, 4639:16, 4732:9,
4755:24, 4764:20, 4812:18, 4820:12
nightmare [5] - 4646:19, 4652:22,
4663:3, 4667:15, 4819:20
nilly [1] - 4817:10
nine [3] - 4750:6, 4750:10, 4796:20
Ninjas [3] - 4741:25, 4742:3, 4742:11
Nkrumah [23] - 4635:11, 4641:9,
4760:18, 4761:25, 4772:4, 4775:10,
4803:23, 4808:4, 4810:11, 4827:1,
4827:5, 4827:9, 4837:13, 4840:20,
4842:6, 4842:17, 4842:24, 4845:19,
4848:9, 4850:5, 4852:13, 4854:15,
4855:9
NKRUMAH [55] - 4634:2, 4635:10,
4637:17, 4638:22, 4639:4, 4641:13,
4641:19, 4642:2, 4642:12, 4644:20,
4708:12, 4758:25, 4760:22, 4761:3,
4761:6, 4761:10, 4761:21, 4762:3,
4762:4, 4762:5, 4762:7, 4762:9,
4767:10, 4768:8, 4768:11, 4771:18,
4772:12, 4772:16, 4772:23, 4773:1,
4773:16, 4773:19, 4773:23, 4774:1,
4775:11, 4784:25, 4788:1, 4788:18,
4795:1, 4795:20, 4796:2, 4801:1,
4802:14, 4802:17, 4803:2, 4803:5,
4805:16, 4805:25, 4823:21, 4838:5,
4851:15, 4852:25, 4862:8, 4866:10,
4867:6
Nkrumah's [2] - 4830:6, 4862:16
NO [2] - 4643:13, 4643:17
NO.1 [1] - 4643:1
nobody [9] - 4650:14, 4714:7, 4726:1,
4793:11, 4801:7, 4815:1, 4838:4,
4840:7
non [1] - 4648:13
none [7] - 4658:22, 4662:16, 4675:13,
4683:5, 4786:24, 4855:7, 4862:20
nonendorseable [1] - 4727:15
nonetheless [1] - 4650:23
nonparticipation [1] - 4801:10
nonprofit [1] - 4741:23

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


nonrefundable [1] - 4727:16
nonsense [2] - 4736:18, 4742:21
Noriega [1] - 4790:13
note [4] - 4678:7, 4699:23, 4785:8,
4866:2
noted [5] - 4634:18, 4638:10, 4707:3,
4860:10, 4861:1
notes [3] - 4768:6, 4768:10, 4785:6
nothing [51] - 4643:19, 4649:20,
4655:19, 4677:25, 4690:19, 4697:24,
4702:25, 4715:15, 4719:16, 4723:25,
4732:1, 4738:19, 4748:5, 4763:15,
4763:16, 4763:18, 4769:22, 4777:18,
4777:19, 4781:9, 4782:3, 4782:4,
4782:20, 4782:22, 4783:24, 4784:3,
4784:9, 4785:20, 4787:1, 4787:3,
4788:2, 4789:6, 4790:5, 4790:6,
4790:23, 4798:23, 4799:24, 4800:6,
4803:11, 4805:14, 4805:15, 4805:16,
4829:6, 4835:11, 4839:8, 4852:15,
4852:16, 4857:13, 4863:1
notice [3] - 4724:18, 4735:11, 4863:4
November [1] - 4750:20
nowhere [3] - 4733:20, 4768:8,
4769:24
Number [1] - 4717:23
number [16] - 4636:3, 4636:24,
4711:7, 4717:6, 4779:25, 4780:1,
4780:2, 4780:3, 4791:9, 4791:10,
4791:12, 4814:6, 4830:8, 4841:11
numbers [1] - 4644:12
Nur [65] - 4648:23, 4668:14, 4680:11,
4680:16, 4682:23, 4685:21, 4685:22,
4685:23, 4685:25, 4711:22, 4712:11,
4726:2, 4727:10, 4727:16, 4727:19,
4727:22, 4727:24, 4728:2, 4728:6,
4736:22, 4737:1, 4737:4, 4737:5,
4737:13, 4737:22, 4738:2, 4738:3,
4738:7, 4738:8, 4738:12, 4738:14,
4738:17, 4738:22, 4741:18, 4741:20,
4752:17, 4752:19, 4753:6, 4753:11,
4754:4, 4754:13, 4754:14, 4754:16,
4754:19, 4763:23, 4764:1, 4764:6,
4765:3, 4779:9, 4779:11, 4811:8,
4818:20, 4829:18, 4833:22, 4843:7,
4843:15, 4847:20, 4847:21, 4847:22,
4848:1, 4848:6, 4852:10
Nur's [2] - 4736:25, 4738:18

O
oath [4] - 4692:3, 4830:9, 4840:1,
4840:6
objection [13] - 4641:15, 4642:9,
4768:7, 4771:16, 4788:15, 4794:24,
4795:16, 4795:23, 4802:1, 4823:21,
4838:5, 4851:15, 4852:25
objectives [2] - 4763:11, 4803:19
obligation [1] - 4704:7

observe [1] - 4846:16


obtain [1] - 4753:11
obtained [1] - 4701:6
obvious [2] - 4839:11, 4854:10
obviously [6] - 4637:3, 4698:22,
4711:25, 4721:1, 4854:24, 4866:1
occupy [1] - 4713:12
October [1] - 4713:20
OF [2] - 4633:1, 4633:3
offense [2] - 4702:2, 4749:2
offensive [2] - 4849:14, 4857:6
offer [8] - 4714:10, 4716:2, 4725:5,
4733:9, 4734:14, 4734:19, 4757:8
offered [10] - 4733:22, 4736:17,
4756:23, 4757:1, 4757:8, 4770:5,
4776:25, 4828:3, 4828:18, 4863:23
offering [2] - 4711:12, 4863:4
offers [2] - 4732:10, 4733:11
offhand [1] - 4652:15
office [10] - 4651:1, 4715:14, 4726:8,
4727:19, 4728:1, 4728:5, 4728:10,
4728:25, 4791:12, 4833:7
Officer [4] - 4750:14, 4750:16,
4750:18
official [2] - 4728:2, 4752:16
Official [1] - 4634:8
officials [1] - 4856:13
Ogden [1] - 4816:1
old [6] - 4662:6, 4675:19, 4719:8,
4740:14, 4769:5, 4844:10
Omar [1] - 4730:5
on/off [1] - 4709:14
once [37] - 4642:7, 4659:20, 4664:10,
4666:3, 4675:23, 4676:21, 4677:7,
4683:14, 4685:25, 4687:4, 4689:3,
4689:17, 4690:3, 4692:22, 4693:5,
4693:10, 4693:12, 4694:5, 4702:20,
4702:22, 4704:23, 4714:4, 4714:6,
4729:25, 4731:25, 4733:22, 4735:6,
4738:13, 4739:3, 4739:20, 4750:15,
4758:5, 4794:21, 4848:2, 4856:15,
4859:22
One [4] - 4633:23, 4662:23, 4695:23,
4698:7
one [156] - 4636:24, 4637:4, 4638:22,
4642:8, 4643:10, 4644:4, 4644:12,
4646:4, 4647:20, 4651:15, 4655:17,
4655:20, 4656:13, 4659:11, 4659:12,
4660:1, 4660:2, 4661:18, 4662:6,
4662:17, 4663:6, 4666:8, 4668:7,
4668:15, 4669:13, 4669:21, 4669:24,
4674:13, 4675:11, 4676:23, 4679:20,
4680:18, 4688:21, 4690:7, 4691:5,
4692:24, 4693:9, 4694:3, 4696:19,
4697:7, 4699:25, 4702:6, 4716:22,
4717:22, 4718:1, 4722:9, 4724:11,
4724:13, 4724:14, 4726:2, 4727:22,
4728:22, 4729:15, 4730:7, 4731:10,
4732:2, 4732:3, 4732:4, 4732:8,
4732:10, 4736:2, 4736:9, 4737:4,

27

4738:21, 4742:17, 4743:13, 4743:15,


4744:8, 4744:9, 4744:10, 4745:22,
4746:2, 4746:3, 4746:10, 4746:13,
4751:6, 4752:18, 4757:23, 4761:9,
4764:4, 4764:24, 4765:3, 4765:4,
4766:9, 4767:4, 4768:20, 4775:16,
4775:25, 4776:2, 4776:9, 4777:14,
4780:22, 4781:23, 4781:24, 4783:5,
4784:1, 4784:13, 4784:17, 4785:25,
4786:13, 4789:15, 4791:2, 4791:13,
4797:11, 4798:12, 4801:12, 4802:14,
4802:15, 4803:24, 4809:14, 4811:5,
4814:6, 4815:8, 4817:25, 4823:17,
4824:22, 4825:5, 4827:14, 4828:1,
4830:8, 4830:11, 4830:18, 4830:22,
4832:5, 4841:9, 4842:16, 4843:22,
4846:13, 4847:7, 4847:13, 4848:2,
4849:4, 4849:6, 4849:18, 4851:7,
4852:16, 4854:2, 4854:3, 4855:13,
4855:19, 4855:20, 4855:22, 4856:6,
4857:1, 4858:19, 4860:1, 4860:4,
4862:9, 4864:6
ones [5] - 4650:21, 4690:24, 4722:24,
4812:24, 4834:11
open [7] - 4704:18, 4704:25, 4716:19,
4758:6, 4847:16, 4847:19, 4859:7
opened [3] - 4708:23, 4709:2, 4709:5
opening [6] - 4657:3, 4662:4, 4772:17,
4772:18, 4772:19, 4854:16
openly [1] - 4846:5
operate [2] - 4667:8, 4858:1
operating [2] - 4675:11, 4824:6
operational [4] - 4682:6, 4683:8,
4818:12, 4819:17
operative [5] - 4667:18, 4712:16,
4712:17, 4712:19, 4818:11
operatives [5] - 4658:3, 4670:15,
4690:11, 4690:14, 4746:14
operator [1] - 4752:3
operators [1] - 4820:6
opinion [1] - 4694:23
opinions [1] - 4859:8
opportune [1] - 4679:18
opportunities [3] - 4674:19, 4745:8,
4756:15
opportunity [9] - 4637:17, 4641:24,
4645:10, 4655:23, 4757:9, 4788:25,
4829:20, 4859:10, 4864:8
oppose [2] - 4638:14, 4639:4
opposed [1] - 4640:2
opposite [4] - 4668:1, 4675:12,
4694:7, 4815:3
oppression [3] - 4648:3, 4654:7,
4687:6
oppressors [2] - 4653:15, 4849:3
options [1] - 4686:6
order [16] - 4639:16, 4641:13,
4641:14, 4642:8, 4645:10, 4662:17,
4669:1, 4669:7, 4669:14, 4686:19,
4695:24, 4702:2, 4703:8, 4745:4,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4797:11, 4830:16
organization [1] - 4750:5
organizations [2] - 4654:16, 4688:5
organized [1] - 4684:7
original [2] - 4677:7, 4751:7
originally [1] - 4737:11
Osama [3] - 4794:6, 4794:9, 4815:2
otherwise [1] - 4835:19
ourselves [1] - 4762:18
outdo [1] - 4820:1
outlandish [1] - 4692:17
outline [1] - 4659:2
outside [4] - 4686:25, 4700:25,
4775:18, 4829:19
overhead [2] - 4669:22, 4703:4
overreacted [1] - 4857:16
overruled [4] - 4823:22, 4838:7,
4851:16, 4853:1
overseas [1] - 4766:21
overt [5] - 4771:18, 4772:5, 4772:8,
4775:9, 4865:5
overview [1] - 4685:23
overwhelming [2] - 4647:15, 4807:7
own [44] - 4647:18, 4647:23, 4649:9,
4649:22, 4651:19, 4651:20, 4653:1,
4654:4, 4659:7, 4660:15, 4662:19,
4679:22, 4683:17, 4691:4, 4703:23,
4715:16, 4725:16, 4733:15, 4733:17,
4735:2, 4737:12, 4739:14, 4748:14,
4748:16, 4781:23, 4785:16, 4800:12,
4806:17, 4806:20, 4807:8, 4808:5,
4808:18, 4808:24, 4809:7, 4809:17,
4810:25, 4818:1, 4818:24, 4822:5,
4822:6, 4848:10, 4849:5, 4863:2

P
p.m [5] - 4707:3, 4760:4, 4761:15,
4860:10, 4861:1
P.M [1] - 4805:19
pack [1] - 4840:17
packed [1] - 4837:14
pad [1] - 4815:9
page [16] - 4676:13, 4721:12, 4726:11,
4771:24, 4774:3, 4778:20, 4787:4,
4800:14, 4804:23, 4838:10, 4851:19,
4851:22, 4852:14, 4853:14, 4860:12,
4862:2
PAGE [1] - 4867:2
paid [8] - 4723:14, 4733:14, 4736:21,
4737:9, 4737:10, 4785:4, 4851:3,
4851:6
pain [1] - 4649:19
palpable [1] - 4822:25
panel [2] - 4642:20, 4643:20
papers [3] - 4641:8, 4641:9, 4641:11
paralysis [1] - 4692:12
parcel [1] - 4792:9
Parliament [4] - 4684:8, 4684:9,

4730:15, 4789:1
parliament [2] - 4653:1, 4819:1
parliamentarian [1] - 4789:4
part [49] - 4641:15, 4641:20, 4641:21,
4645:18, 4656:15, 4688:9, 4699:12,
4727:25, 4740:13, 4742:20, 4744:16,
4747:19, 4755:5, 4757:3, 4757:6,
4762:23, 4763:12, 4763:13, 4763:14,
4763:17, 4765:3, 4766:12, 4766:13,
4767:21, 4772:15, 4772:16, 4776:22,
4778:2, 4781:9, 4789:12, 4792:9,
4793:18, 4794:2, 4794:3, 4794:11,
4795:6, 4799:9, 4807:15, 4813:23,
4815:21, 4823:20, 4831:12, 4834:6,
4843:11, 4845:14, 4845:15, 4850:9,
4856:17, 4856:24
parte [1] - 4641:25
participants [1] - 4648:2
participate [6] - 4646:24, 4691:10,
4709:4, 4710:15, 4732:25, 4836:22
participated [2] - 4837:6, 4837:12
participation [4] - 4656:25, 4680:7,
4736:25, 4756:20
particular [14] - 4639:25, 4645:19,
4657:4, 4667:6, 4699:23, 4775:6,
4814:21, 4815:25, 4818:10, 4820:3,
4850:8, 4862:4, 4865:3
particularly [3] - 4650:5, 4751:10,
4825:7
parties [20] - 4637:5, 4638:17,
4638:24, 4638:25, 4639:2, 4639:17,
4639:24, 4640:12, 4644:15, 4705:14,
4708:8, 4760:15, 4761:18, 4761:24,
4804:19, 4805:22, 4861:18, 4861:25,
4864:9, 4865:7
partner [1] - 4813:1
partners [2] - 4691:19, 4783:24
parts [5] - 4725:23, 4775:7, 4818:16,
4824:16, 4840:11
party's [1] - 4640:16
pass [1] - 4757:15
passenger [3] - 4651:12, 4651:13,
4671:22
passengers [2] - 4821:2, 4821:4
passes [2] - 4666:4, 4743:2
passport [7] - 4828:7, 4850:16,
4851:18, 4851:20, 4851:22, 4852:19,
4853:7
past [3] - 4703:18, 4821:7, 4829:3
patently [1] - 4656:4
path [3] - 4782:2, 4811:14
pathetic [1] - 4723:20
patience [1] - 4858:22
Pause [1] - 4707:19
pause [6] - 4634:19, 4707:10, 4707:15,
4721:10, 4826:3, 4844:19
pay [11] - 4684:12, 4714:17, 4725:14,
4725:16, 4725:18, 4728:3, 4750:3,
4788:4, 4809:20, 4812:20, 4851:6
paying [4] - 4715:8, 4737:13, 4737:17,

4851:2
peace [1] - 4747:23
peaceful [3] - 4854:17, 4854:22,
4855:2
peas [1] - 4719:11
pending [2] - 4685:13, 4714:6
penetrate [2] - 4666:21, 4833:18
people [101] - 4647:3, 4647:11,
4647:19, 4648:22, 4654:14, 4654:20,
4657:9, 4661:12, 4661:14, 4663:9,
4663:19, 4663:25, 4664:4, 4671:22,
4673:15, 4673:17, 4673:19, 4676:20,
4677:23, 4681:15, 4684:13, 4684:14,
4684:15, 4685:7, 4690:8, 4693:25,
4694:6, 4694:22, 4696:6, 4696:13,
4697:3, 4697:4, 4697:10, 4703:23,
4711:17, 4719:6, 4724:14, 4724:15,
4724:18, 4725:23, 4727:21, 4736:17,
4749:7, 4751:24, 4762:11, 4773:10,
4777:15, 4779:3, 4779:4, 4782:4,
4782:5, 4783:11, 4784:11, 4786:20,
4789:2, 4790:12, 4790:13, 4790:14,
4790:15, 4790:18, 4792:12, 4792:18,
4792:20, 4795:20, 4796:17, 4799:2,
4802:19, 4802:22, 4803:12, 4814:23,
4814:24, 4815:9, 4815:11, 4815:20,
4815:21, 4815:22, 4816:10, 4818:8,
4819:16, 4820:12, 4820:15, 4821:18,
4823:6, 4833:6, 4835:4, 4840:8,
4848:11, 4850:15, 4853:16, 4853:22,
4854:22, 4857:4, 4857:8, 4857:10,
4857:11
people's [1] - 4697:1
percent [3] - 4666:19, 4772:14,
4812:16
perfectly [1] - 4684:3
perform [1] - 4828:22
perhaps [7] - 4637:9, 4641:2, 4641:5,
4694:19, 4820:12, 4820:13, 4864:10
perimeter [1] - 4718:10
period [1] - 4642:1
permission [11] - 4674:7, 4690:5,
4701:6, 4701:15, 4701:18, 4702:21,
4702:23, 4724:12, 4724:17, 4724:18,
4845:6
permit [2] - 4644:8, 4773:14
person [28] - 4651:13, 4655:24,
4665:5, 4668:7, 4679:4, 4680:11,
4680:17, 4685:11, 4688:23, 4702:25,
4710:16, 4710:17, 4711:20, 4743:6,
4764:24, 4790:16, 4806:14, 4811:25,
4818:2, 4818:3, 4818:18, 4828:21,
4832:18, 4835:15, 4851:9, 4851:11,
4852:1, 4864:3
personal [7] - 4653:10, 4724:24,
4734:9, 4747:9, 4747:11, 4802:12,
4808:12
personally [2] - 4679:22, 4729:23
persons [2] - 4692:15, 4845:6
persuaded [1] - 4641:7

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

28

U.S.A. v. DEFREITAS and KADIR


pertinent [1] - 4766:24
Peter [10] - 4651:2, 4669:9, 4696:5,
4697:4, 4701:16, 4702:22, 4815:19,
4816:13, 4816:23, 4822:9
ph [3] - 4730:5, 4737:12, 4789:22
philosophical [1] - 4653:10
phone [38] - 4646:17, 4664:14, 4678:1,
4680:13, 4692:10, 4711:15, 4722:10,
4743:2, 4744:5, 4744:15, 4765:7,
4765:8, 4765:10, 4765:11, 4776:12,
4776:16, 4776:17, 4777:16, 4780:3,
4780:15, 4782:21, 4791:8, 4791:9,
4791:10, 4812:6, 4835:10, 4840:9,
4840:11, 4844:5, 4844:10, 4846:7,
4847:8, 4847:10, 4847:25
phones [5] - 4705:3, 4712:4, 4758:9,
4758:11, 4804:13
phony [1] - 4780:1
photo [1] - 4855:19
photograph [1] - 4724:15
photographs [8] - 4807:10, 4817:14,
4817:15, 4854:14, 4854:16, 4854:19,
4858:17
photos [4] - 4647:13, 4731:4, 4855:1,
4855:2
physical [1] - 4696:2
pick [4] - 4670:9, 4681:17, 4682:15,
4751:24
picked [3] - 4681:14, 4751:18, 4809:10
picks [1] - 4742:17
picture [8] - 4743:23, 4764:24,
4785:24, 4786:3, 4786:4
pictures [13] - 4658:15, 4669:4,
4671:4, 4688:16, 4785:22, 4786:2,
4788:6, 4788:7, 4788:8, 4788:19,
4791:18, 4794:14
piece [5] - 4677:8, 4722:10, 4798:13,
4824:24, 4862:4
pieces [1] - 4792:21
Pierrepont [1] - 4633:23
pin [1] - 4856:1
pipeline [4] - 4646:14, 4650:22,
4696:11, 4718:6
pipelines [11] - 4647:3, 4650:19,
4657:8, 4661:3, 4695:10, 4695:14,
4697:20, 4701:9, 4816:4, 4817:22,
4820:5
pissed [1] - 4728:24
pitch [11] - 4830:2, 4830:11, 4833:21,
4836:2, 4836:12, 4837:19, 4837:21,
4839:13, 4850:6, 4853:24, 4854:6
pitched [3] - 4812:11, 4821:16, 4836:5
pitches [2] - 4686:10, 4837:22
pitching [1] - 4841:7
place [39] - 4647:20, 4649:18, 4671:1,
4671:5, 4674:12, 4695:25, 4698:9,
4700:22, 4701:5, 4701:12, 4702:10,
4702:15, 4703:14, 4707:1, 4714:3,
4714:20, 4715:21, 4716:8, 4718:5,
4720:11, 4721:14, 4721:16, 4721:17,

4721:21, 4721:22, 4721:23, 4733:11,


4746:23, 4769:25, 4778:21, 4786:24,
4795:12, 4795:14, 4796:2, 4828:9,
4828:11, 4836:4, 4859:13
places [5] - 4709:25, 4779:24,
4793:16, 4798:25, 4829:6
placing [5] - 4650:25, 4699:7, 4699:9,
4699:18, 4699:19
plan [90] - 4646:9, 4646:10, 4646:11,
4646:12, 4657:6, 4657:12, 4657:15,
4657:19, 4657:23, 4658:4, 4658:9,
4658:13, 4662:2, 4664:11, 4664:12,
4667:10, 4667:23, 4670:11, 4671:1,
4673:24, 4675:8, 4678:25, 4679:17,
4680:23, 4681:10, 4682:14, 4687:6,
4687:11, 4687:13, 4687:17, 4688:24,
4689:5, 4691:10, 4691:14, 4692:17,
4693:4, 4693:24, 4694:5, 4696:9,
4696:24, 4697:19, 4699:12, 4700:12,
4704:1, 4708:24, 4709:4, 4713:3,
4738:4, 4738:18, 4740:1, 4741:17,
4741:22, 4743:7, 4744:8, 4748:14,
4765:23, 4769:4, 4770:2, 4776:22,
4778:23, 4781:9, 4783:8, 4784:1,
4784:6, 4790:3, 4793:13, 4793:14,
4795:6, 4798:12, 4807:18, 4813:7,
4813:10, 4813:21, 4831:24, 4832:3,
4832:4, 4834:12, 4836:21, 4840:3,
4842:7, 4842:11, 4847:22, 4853:11,
4853:17, 4853:19, 4854:5, 4854:6,
4858:7
plane [29] - 4658:22, 4689:19,
4700:18, 4703:3, 4710:12, 4714:17,
4715:22, 4719:18, 4722:8, 4733:14,
4733:17, 4733:23, 4752:25, 4754:4,
4756:23, 4757:2, 4828:25, 4829:9,
4829:11, 4829:16, 4829:18, 4830:4,
4843:23, 4844:1, 4845:14, 4845:16,
4851:9, 4853:7
planes [8] - 4699:17, 4699:23,
4699:24, 4718:23, 4817:10, 4825:24,
4837:25, 4845:19
planned [9] - 4659:1, 4670:7, 4670:23,
4671:1, 4700:24, 4740:8, 4833:20,
4850:6, 4853:6
planning [8] - 4648:25, 4672:20,
4675:24, 4690:24, 4746:21, 4747:4,
4769:14, 4850:15
plans [11] - 4688:25, 4713:16, 4733:1,
4743:11, 4776:24, 4777:1, 4782:1,
4783:9, 4790:6, 4814:13, 4855:4
plant [1] - 4700:16
plastic [3] - 4855:21, 4855:24, 4856:3
plate [2] - 4816:20, 4817:1
plausible [2] - 4675:8, 4676:11
play [10] - 4687:24, 4707:11, 4722:14,
4747:14, 4752:4, 4754:22, 4824:17,
4824:18, 4839:8, 4860:2
played [34] - 4649:3, 4649:14,
4649:23, 4650:7, 4651:8, 4664:21,

29

4668:16, 4670:3, 4671:25, 4672:16,


4674:21, 4678:5, 4679:2, 4679:25,
4680:24, 4682:17, 4683:19, 4689:9,
4698:2, 4719:9, 4722:17, 4722:25,
4723:4, 4740:11, 4741:8, 4755:10,
4789:18, 4791:19, 4812:9, 4833:14,
4837:20, 4837:24, 4838:3, 4839:2
players [1] - 4763:11
playing [4] - 4791:23, 4831:5, 4832:6,
4855:15
Plaza [3] - 4633:16, 4633:23, 4634:9
plea [1] - 4796:8
plead [2] - 4745:25, 4746:4
pleading [2] - 4662:20, 4662:22
pleased [3] - 4671:16, 4671:18, 4689:5
pled [3] - 4661:22, 4834:21, 4835:5
plenty [1] - 4849:16
plot [156] - 4646:25, 4647:8, 4647:25,
4648:7, 4648:22, 4653:6, 4654:19,
4654:24, 4655:16, 4656:10, 4656:22,
4656:24, 4656:25, 4657:25, 4658:20,
4659:9, 4660:21, 4661:9, 4661:25,
4662:11, 4662:21, 4663:7, 4663:10,
4663:19, 4665:24, 4666:1, 4666:12,
4675:1, 4675:6, 4675:18, 4677:15,
4678:12, 4679:23, 4680:5, 4680:7,
4680:9, 4681:5, 4681:12, 4682:25,
4683:6, 4683:8, 4685:23, 4686:10,
4686:14, 4686:15, 4686:20, 4687:19,
4687:25, 4688:3, 4688:11, 4688:17,
4689:3, 4689:15, 4689:18, 4689:23,
4690:1, 4690:2, 4692:7, 4693:15,
4695:9, 4697:2, 4710:5, 4710:13,
4710:16, 4711:19, 4711:24, 4713:23,
4728:18, 4735:3, 4740:6, 4740:9,
4745:10, 4757:7, 4763:22, 4766:17,
4767:12, 4769:18, 4769:22, 4784:10,
4785:14, 4807:19, 4807:20, 4807:23,
4808:19, 4808:23, 4811:8, 4812:8,
4812:12, 4812:13, 4812:17, 4813:1,
4813:10, 4813:16, 4814:3, 4814:7,
4818:12, 4819:16, 4819:19, 4820:5,
4821:16, 4823:19, 4828:14, 4829:21,
4830:2, 4830:3, 4830:10, 4830:11,
4830:16, 4831:12, 4831:15, 4831:17,
4831:20, 4831:21, 4833:1, 4833:7,
4833:11, 4833:21, 4834:11, 4836:5,
4836:9, 4836:13, 4837:1, 4837:5,
4837:10, 4837:11, 4837:19, 4837:21,
4837:23, 4839:13, 4840:11, 4841:7,
4841:18, 4841:20, 4842:13, 4842:20,
4842:25, 4844:21, 4844:22, 4845:12,
4845:17, 4847:11, 4847:12, 4848:7,
4848:10, 4849:18, 4849:22, 4850:1,
4850:6, 4853:24, 4854:11, 4854:25,
4856:18, 4864:19
plot's [1] - 4648:4
plots [5] - 4665:14, 4765:22, 4833:7,
4857:9, 4857:12
plotted [1] - 4659:24

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


plotter's [2] - 4667:10, 4667:22
plotters [19] - 4665:19, 4666:6,
4668:18, 4671:7, 4672:21, 4681:9,
4696:24, 4697:12, 4819:14, 4833:17,
4833:20, 4836:5, 4839:23, 4840:16,
4840:23, 4841:2, 4841:5, 4841:10,
4843:4
plotting [7] - 4647:17, 4667:20,
4808:15, 4828:21, 4830:1, 4830:24,
4857:4
plumber [1] - 4731:22
plus [3] - 4652:16, 4770:12, 4796:22
podium [3] - 4642:14, 4694:20,
4760:25
point [40] - 4637:7, 4638:17, 4645:1,
4663:12, 4666:7, 4670:6, 4675:3,
4678:23, 4680:14, 4684:17, 4705:25,
4713:10, 4717:3, 4722:9, 4730:7,
4767:4, 4767:14, 4767:24, 4776:18,
4806:3, 4814:9, 4817:19, 4824:1,
4825:9, 4825:18, 4825:19, 4826:1,
4826:4, 4829:10, 4831:11, 4831:14,
4840:20, 4841:17, 4842:14, 4843:9,
4854:15, 4854:18, 4857:1, 4866:3
pointed [3] - 4711:6, 4765:14, 4820:11
points [7] - 4746:15, 4817:21, 4830:5,
4832:24, 4864:15, 4864:17, 4864:18
police [7] - 4668:11, 4684:7, 4697:9,
4713:13, 4719:6, 4817:3, 4818:24
political [1] - 4687:22
politician [1] - 4652:25
pony [1] - 4725:20
Ponytail [10] - 4664:14, 4710:11,
4710:12, 4710:18, 4711:15, 4711:21,
4715:11, 4720:14, 4727:21
poor [1] - 4789:1
pop [1] - 4718:13
pops [4] - 4764:13, 4797:11, 4797:12
Port [6] - 4651:2, 4669:9, 4701:17,
4754:5, 4817:3, 4822:10
portion [1] - 4812:2
portions [6] - 4722:14, 4755:8,
4824:18, 4825:21, 4825:23, 4826:3
pose [1] - 4855:9
poses [2] - 4855:12
position [4] - 4653:7, 4654:23,
4862:12, 4863:25
possibility [4] - 4691:15, 4734:24,
4770:4, 4781:14
possible [11] - 4665:20, 4669:11,
4669:19, 4670:9, 4671:13, 4671:14,
4681:9, 4770:8, 4827:16, 4840:3,
4840:4
possibly [4] - 4662:6, 4766:21,
4827:14, 4835:17
post [2] - 4651:1, 4861:8
posted [3] - 4637:25, 4638:2, 4697:7
poster [1] - 4712:25
posting [2] - 4638:1, 4638:24
potatoes [1] - 4719:11

poverty [1] - 4786:20


power [1] - 4823:11
powered [1] - 4855:9
powerful [2] - 4659:6, 4666:25
Praise [1] - 4671:17
praises [1] - 4720:1
praying [1] - 4755:14
precautions [2] - 4687:15, 4812:3
precisely [1] - 4664:4
predict [3] - 4814:10, 4814:12,
4814:19
predicted [1] - 4863:12
prefer [3] - 4679:14, 4684:15, 4772:10
pregnant [1] - 4661:14
preparation [1] - 4850:19
prerogative [1] - 4704:11
prescribe [1] - 4790:16
presence [3] - 4644:7, 4707:1, 4785:3
present [30] - 4642:4, 4644:17, 4645:7,
4658:4, 4658:20, 4667:10, 4667:23,
4667:25, 4673:24, 4675:1, 4675:6,
4677:15, 4680:9, 4680:23, 4682:14,
4688:19, 4689:22, 4708:9, 4735:19,
4739:21, 4755:5, 4760:15, 4761:19,
4804:19, 4805:23, 4824:14, 4847:22,
4857:20, 4861:3
presented [14] - 4654:19, 4682:4,
4688:11, 4711:17, 4716:3, 4724:15,
4735:11, 4744:21, 4746:13, 4751:3,
4752:21, 4755:1, 4757:22, 4802:4
presenting [1] - 4687:19
presents [2] - 4687:5, 4743:25
pressure [2] - 4826:8, 4862:17
pretend [2] - 4684:1, 4751:21
pretended [3] - 4680:19, 4691:10,
4842:12
pretending [10] - 4651:13, 4660:3,
4807:6, 4836:13, 4839:14, 4839:15,
4839:19, 4848:4, 4856:19, 4856:25
pretends [1] - 4683:1
pretty [10] - 4647:10, 4713:10,
4743:21, 4746:6, 4746:23, 4751:9,
4752:15, 4755:12, 4852:11, 4859:1
prevent [1] - 4722:8
previous [1] - 4639:14
previously [2] - 4692:4, 4841:3
price [1] - 4857:24
primary [2] - 4697:18, 4849:7
prime [2] - 4684:9, 4818:25
principle [1] - 4802:6
principles [1] - 4645:5
prints [1] - 4732:10
prison [13] - 4746:1, 4749:24, 4749:25,
4750:7, 4792:25, 4795:11, 4795:12,
4795:21, 4796:2, 4796:5, 4797:3,
4835:8, 4835:19
Probation [4] - 4750:14, 4750:15,
4750:18
probation [3] - 4748:17, 4748:22,
4749:5

30

problem [1] - 4713:25


problems [3] - 4677:24, 4684:15,
4823:12
procedure [2] - 4642:9, 4756:5
proceed [7] - 4642:18, 4644:4, 4644:9,
4645:24, 4646:1, 4708:18, 4806:5
proceeding [1] - 4634:19
proceedings [1] - 4640:9
proceeds [1] - 4845:11
process [2] - 4638:1, 4638:15
produce [2] - 4800:7, 4813:17
Produced [1] - 4634:12
production [1] - 4636:1
products [4] - 4712:1, 4823:4, 4823:5,
4823:8
professional [1] - 4823:25
profit [1] - 4648:13
program [2] - 4690:13, 4786:7
project [2] - 4813:18, 4844:13
prominence [2] - 4654:23, 4687:22
prominent [5] - 4652:25, 4665:16,
4665:18, 4685:11, 4819:21
promise [1] - 4746:8
promised [1] - 4744:24
promises [2] - 4738:2, 4746:5
proof [7] - 4645:11, 4681:23, 4704:9,
4734:20, 4748:7, 4748:8, 4865:8
proper [1] - 4664:16
properly [6] - 4644:17, 4673:6, 4708:9,
4761:19, 4788:9, 4805:23
property [3] - 4698:19, 4698:21
prophet [1] - 4826:21
proposal [1] - 4820:1
proposals [2] - 4734:11, 4863:8
proposed [6] - 4639:12, 4661:20,
4691:12, 4729:13, 4820:3, 4864:12
proposes [1] - 4734:10
prosecute [1] - 4858:10
prosecuted [1] - 4796:14
prosecuting [1] - 4857:23
prosecution [1] - 4645:11
prosecutor [2] - 4748:21, 4748:23
prospective [2] - 4862:25, 4865:8
protect [8] - 4688:5, 4762:18, 4762:19,
4799:23, 4799:24, 4827:23, 4857:16,
4857:20
protecting [3] - 4688:6, 4696:25,
4857:22
protects [1] - 4688:6
proud [1] - 4789:2
prove [16] - 4657:21, 4658:7, 4701:22,
4702:21, 4716:4, 4720:19, 4734:22,
4757:5, 4786:6, 4814:20, 4815:4,
4832:19, 4849:19, 4849:20, 4850:8,
4850:9
proved [1] - 4701:20
proven [3] - 4647:23, 4661:1, 4691:25
proves [1] - 4837:6
provide [5] - 4638:5, 4638:16,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4728:24, 4749:5, 4783:4
provided [4] - 4638:9, 4709:16,
4829:5, 4836:7
provider [3] - 4701:7, 4701:12,
4701:24
providing [3] - 4655:8, 4658:17,
4856:12
province [1] - 4773:15
PTA [1] - 4676:15
public [11] - 4661:23, 4669:10,
4683:14, 4685:17, 4695:24, 4696:5,
4707:20, 4716:19, 4723:22, 4779:24,
4816:15
publicized [3] - 4812:22, 4812:24,
4819:12
publicly [1] - 4703:12
pull [2] - 4694:20, 4800:2
pulling [1] - 4856:1
purchased [5] - 4737:7, 4754:18,
4829:12, 4829:14, 4829:19
purification [3] - 4720:22, 4740:5,
4742:23
purified [1] - 4823:15
purifier [3] - 4740:7, 4740:10, 4756:13
purify [1] - 4720:23
purpose [3] - 4645:15, 4814:17,
4829:17
purposes [1] - 4865:14
pursue [1] - 4819:3
pursuing [2] - 4807:20, 4830:1
pursuit [1] - 4807:18
push [1] - 4813:24
pushed [1] - 4826:3
pushing [1] - 4782:8
put [28] - 4650:12, 4651:16, 4651:24,
4653:5, 4655:10, 4662:6, 4674:2,
4674:17, 4676:2, 4679:1, 4692:16,
4692:20, 4717:18, 4761:6, 4784:24,
4785:22, 4786:3, 4794:13, 4794:14,
4794:15, 4821:4, 4843:22, 4844:15,
4845:11, 4852:11
puts [1] - 4846:12
putting [6] - 4697:1, 4702:17, 4724:18,
4801:14, 4803:8, 4821:7

Q
Qaeda [14] - 4657:4, 4667:4, 4667:6,
4667:18, 4668:4, 4673:21, 4712:15,
4712:17, 4712:19, 4746:13, 4746:18,
4818:9, 4818:10, 4820:19
quality [1] - 4748:22
quarter [5] - 4758:3, 4758:18, 4759:2,
4804:16, 4804:20
Queens [3] - 4646:15, 4697:13,
4698:11
questioned [2] - 4673:9, 4756:4
questions [11] - 4670:19, 4674:9,
4686:20, 4694:12, 4749:12, 4749:13,

4749:14, 4753:2, 4755:25, 4816:19,


4817:6
quick [4] - 4705:14, 4711:11, 4830:5,
4853:9
quickly [8] - 4696:22, 4735:25,
4813:23, 4816:11, 4816:12, 4825:12,
4850:2, 4854:13
quiet [1] - 4648:17
quietly [1] - 4648:10
quite [4] - 4639:13, 4675:12, 4776:21,
4786:15

R
Rabbani [7] - 4790:20, 4790:22,
4791:4, 4791:11, 4839:17, 4854:7
Rabbani's [1] - 4791:8
races [1] - 4710:14
radical [3] - 4668:9, 4675:1, 4675:6
radicalized [1] - 4662:9
rage [3] - 4648:17, 4649:12, 4673:1
Rail [1] - 4720:7
raise [5] - 4640:16, 4685:12, 4758:22,
4837:1, 4861:14
raised [3] - 4641:8, 4862:19, 4864:15
raising [2] - 4658:16, 4683:3
Ramadan [4] - 4665:7, 4711:16,
4714:2, 4731:22
ran [3] - 4676:8, 4816:2, 4816:6
range [1] - 4673:4
Ranger [1] - 4785:16
ranking [1] - 4854:7
rapt [1] - 4745:21
rare [1] - 4806:18
rarely [2] - 4749:15, 4816:15
rather [3] - 4676:10, 4847:13, 4863:14
rational [1] - 4835:14
RD [1] - 4714:23
RD-A [1] - 4714:23
re [1] - 4647:17
re-handed [1] - 4647:17
reach [3] - 4654:21, 4670:10, 4675:6
reached [1] - 4645:1
reaching [2] - 4819:15, 4819:21
reaction [1] - 4689:5
read [24] - 4641:13, 4705:4, 4758:12,
4758:15, 4771:5, 4771:7, 4772:12,
4773:3, 4773:4, 4773:5, 4773:13,
4780:7, 4785:7, 4785:8, 4786:19,
4791:2, 4791:5, 4791:6, 4799:9,
4801:1, 4804:9, 4859:14
readily [1] - 4793:17
reading [6] - 4773:18, 4780:8, 4780:9,
4801:2, 4816:20, 4817:1
ready [9] - 4643:8, 4673:24, 4708:18,
4761:11, 4762:2, 4793:25, 4805:4,
4850:16, 4861:24
real [15] - 4676:6, 4698:18, 4698:19,
4713:15, 4713:16, 4718:8, 4740:11,

31

4740:12, 4742:22, 4781:7, 4853:7,


4855:13, 4855:16, 4856:6
realistic [1] - 4820:17
reality [7] - 4646:19, 4652:22, 4657:19,
4663:4, 4667:16, 4713:17, 4819:20
realize [3] - 4635:18, 4635:19, 4635:20
realized [8] - 4659:21, 4668:23,
4692:2, 4692:23, 4707:6, 4728:22,
4728:23, 4801:6
realizes [4] - 4652:5, 4741:13,
4741:15, 4741:17
really [36] - 4637:1, 4640:22, 4665:2,
4673:5, 4696:4, 4696:8, 4710:2,
4710:3, 4710:4, 4716:20, 4718:25,
4733:8, 4738:6, 4741:5, 4746:7,
4750:12, 4751:15, 4751:16, 4764:2,
4772:10, 4775:23, 4783:8, 4787:1,
4795:14, 4797:6, 4801:13, 4814:8,
4831:4, 4831:13, 4831:20, 4837:11,
4848:4, 4852:12, 4853:2, 4858:25
reason [28] - 4655:21, 4656:23,
4669:10, 4682:22, 4684:2, 4684:19,
4685:11, 4693:6, 4694:1, 4707:14,
4723:4, 4727:7, 4762:12, 4790:24,
4790:25, 4798:8, 4798:19, 4804:14,
4821:17, 4821:20, 4821:23, 4837:9,
4839:11, 4856:9, 4856:13, 4857:2,
4864:3
reasonable [15] - 4647:24, 4658:10,
4661:1, 4692:1, 4734:21, 4734:23,
4748:7, 4748:9, 4752:9, 4757:5,
4806:19, 4820:17, 4830:21, 4837:7,
4838:6
reasons [12] - 4783:21, 4821:12,
4822:4, 4822:22, 4823:18, 4838:1,
4839:19, 4839:20, 4849:18, 4863:22,
4864:7
rebut [1] - 4645:10
Rebuttal [2] - 4805:1, 4867:7
rebuttal [5] - 4760:20, 4804:4, 4806:3,
4806:6, 4864:14
receipt [1] - 4851:4
receipts [1] - 4851:7
receive [1] - 4668:17
received [6] - 4638:13, 4641:12,
4645:13, 4674:7, 4690:1, 4765:7
recess [2] - 4706:6, 4759:3
Recess [1] - 4804:22
recognizable [1] - 4665:23
recognized [1] - 4653:3
recollection [6] - 4746:25, 4788:17,
4802:9, 4802:11, 4838:8
recommending [1] - 4731:21
record [9] - 4635:1, 4639:11, 4668:10,
4673:25, 4723:18, 4735:19, 4766:8,
4865:14, 4865:22
recorded [22] - 4651:19, 4651:20,
4659:10, 4705:5, 4739:11, 4765:6,
4769:24, 4793:18, 4797:19, 4797:21,
4797:24, 4798:3, 4798:4, 4798:5,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4798:6, 4798:7, 4806:20, 4832:8,
4858:14
recorder [1] - 4832:18
recording [27] - 4710:25, 4711:1,
4711:4, 4711:17, 4712:16, 4724:9,
4729:8, 4729:10, 4732:6, 4735:7,
4735:20, 4736:1, 4736:13, 4739:20,
4747:16, 4747:18, 4756:2, 4756:7,
4766:18, 4768:20, 4832:17, 4834:2,
4835:22, 4846:11, 4854:12
Recording [1] - 4741:8
recordings [45] - 4646:5, 4649:8,
4655:2, 4659:12, 4659:17, 4711:8,
4711:23, 4712:14, 4716:21, 4721:5,
4722:5, 4729:5, 4729:7, 4729:14,
4729:15, 4729:18, 4735:15, 4738:1,
4740:15, 4742:25, 4743:15, 4743:21,
4743:24, 4744:3, 4748:12, 4752:12,
4755:7, 4755:8, 4756:16, 4763:1,
4779:1, 4806:18, 4807:9, 4809:7,
4831:3, 4832:19, 4833:5, 4833:8,
4833:11, 4833:15, 4833:23, 4846:16,
4848:8
records [5] - 4701:17, 4776:12,
4776:13, 4776:16, 4776:17
recovers [1] - 4735:25
recruit [5] - 4657:24, 4663:13, 4709:3,
4710:15
recruited [3] - 4662:3, 4807:18,
4833:10
recruiting [4] - 4648:22, 4663:7,
4690:11, 4810:21
recruits [1] - 4690:12
recycling [1] - 4700:16
red [4] - 4655:19, 4718:2, 4806:11,
4806:23
red-handed [2] - 4655:19, 4806:23
reduce [2] - 4647:12, 4835:18
reduced [1] - 4672:19
refer [1] - 4771:22
referenced [1] - 4815:9
referring [2] - 4803:1, 4847:3
reflected [1] - 4654:3
refrain [1] - 4802:12
refund [1] - 4844:1
refunded [1] - 4845:16
refunds [1] - 4845:22
regard [1] - 4775:6
regarding [1] - 4735:21
region [2] - 4687:23, 4830:2
regular [2] - 4666:24, 4790:14
rehabilitate [6] - 4840:16, 4840:17,
4840:18, 4840:23, 4841:2, 4841:9
rehabilitated [1] - 4693:8
rehabilitating [2] - 4683:4, 4840:22
rehabilitation [7] - 4693:11, 4695:2,
4840:14, 4841:1, 4841:5, 4841:8,
4841:13
reject [1] - 4645:17
relate [1] - 4775:2

related [2] - 4824:4, 4843:23


relates [1] - 4696:15
relation [1] - 4691:13
relations [3] - 4692:21, 4783:14,
4783:16
relationship [4] - 4693:6, 4731:3,
4747:12, 4856:14
relationships [1] - 4856:12
relative [1] - 4793:3
relatively [1] - 4719:22
release [3] - 4637:14, 4637:19,
4746:24
released [2] - 4750:7, 4750:11
relevance [3] - 4656:16, 4670:21,
4817:12
relevant [4] - 4824:18, 4825:21,
4825:22, 4826:3
religion [4] - 4656:15, 4656:16,
4656:23, 4857:13
religious [14] - 4652:25, 4653:19,
4653:25, 4654:2, 4665:18, 4687:22,
4784:13, 4784:19, 4786:11, 4786:16,
4855:2, 4855:4, 4855:6, 4855:8
religiously [1] - 4792:4
reluctant [1] - 4687:21
remains [1] - 4813:19
remark [2] - 4795:24, 4803:4
remarks [1] - 4652:15
remember [110] - 4654:18, 4655:4,
4660:5, 4661:8, 4661:18, 4662:1,
4662:4, 4664:18, 4665:6, 4670:14,
4674:4, 4684:21, 4684:25, 4694:11,
4699:21, 4704:16, 4704:20, 4705:4,
4720:20, 4733:22, 4734:5, 4738:20,
4747:2, 4747:3, 4747:4, 4747:7,
4747:9, 4747:10, 4749:11, 4749:22,
4749:25, 4750:12, 4751:4, 4751:23,
4755:10, 4758:7, 4758:10, 4765:18,
4769:19, 4780:24, 4783:5, 4783:25,
4786:7, 4786:14, 4789:17, 4796:8,
4797:25, 4802:8, 4804:5, 4804:12,
4809:25, 4811:9, 4811:12, 4811:17,
4811:18, 4811:23, 4811:25, 4812:4,
4812:13, 4812:16, 4813:11, 4813:15,
4815:19, 4819:24, 4820:24, 4821:2,
4821:14, 4821:17, 4823:24, 4824:1,
4824:16, 4824:21, 4824:24, 4825:20,
4825:23, 4826:8, 4827:2, 4828:2,
4828:5, 4828:15, 4829:9, 4833:25,
4834:10, 4834:14, 4834:17, 4834:18,
4837:23, 4839:19, 4839:25, 4840:9,
4842:21, 4843:1, 4843:6, 4843:15,
4843:24, 4844:3, 4844:6, 4844:11,
4844:19, 4846:3, 4846:8, 4846:14,
4848:15, 4850:5, 4850:10, 4853:10,
4854:20, 4859:5, 4859:8
remembers [1] - 4693:23
remind [6] - 4645:22, 4657:2, 4704:7,
4705:3, 4753:8, 4758:5
remorse [1] - 4750:23

32

remote [1] - 4839:5


remotely [1] - 4679:14
remove [1] - 4644:22
rendering [1] - 4645:6
renew [1] - 4866:3
renewed [2] - 4851:21, 4851:22
rent [1] - 4750:3
repeat [3] - 4764:16, 4799:16, 4865:5
repeatedly [4] - 4721:7, 4813:16,
4816:8, 4835:21
repeating [2] - 4679:7, 4715:11
replacing [1] - 4643:7
reply [3] - 4638:13, 4638:20, 4638:21
report [8] - 4677:18, 4754:20, 4766:20,
4766:23, 4766:24, 4767:2, 4767:4
reported [5] - 4758:13, 4767:17,
4804:10, 4811:9, 4859:15
Reporter [2] - 4634:8, 4634:8
reporter [1] - 4805:10
reporters [1] - 4809:3
reporting [2] - 4750:13, 4829:15
reports [2] - 4789:4, 4818:15
Republic [1] - 4689:21
request [9] - 4638:3, 4638:21, 4639:7,
4862:3, 4865:17, 4865:25, 4866:3,
4866:8
requested [10] - 4638:5, 4638:7,
4638:10, 4638:20, 4639:15, 4640:13,
4640:18, 4640:25, 4861:7, 4864:21
require [3] - 4695:17, 4853:9, 4865:5
required [1] - 4865:2
requirement [3] - 4772:6, 4775:8,
4786:16
requirements [1] - 4775:3
requires [3] - 4700:21, 4702:21,
4814:20
reread [1] - 4849:10
research [6] - 4640:23, 4705:6,
4758:14, 4758:16, 4804:11, 4859:16
reseated [1] - 4644:16
resentful [1] - 4648:18
resentment [1] - 4649:11
reservation [1] - 4852:15
reservations [1] - 4850:17
reserve [3] - 4640:14, 4864:7, 4865:25
reside [1] - 4798:21
resorted [1] - 4807:10
resources [1] - 4663:14
respect [10] - 4637:10, 4639:6, 4640:4,
4647:13, 4698:7, 4732:1, 4757:13,
4775:6, 4785:4, 4862:10
respected [1] - 4788:20
responded [2] - 4693:17, 4694:12
responding [1] - 4810:24
responds [1] - 4686:24
response [5] - 4638:3, 4640:21,
4673:11, 4687:3, 4738:18
responsibilities [1] - 4752:1
responsibility [6] - 4647:18, 4662:20,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4662:21, 4750:23, 4835:3, 4844:23
responsible [4] - 4662:18, 4751:11,
4751:13, 4751:21
rest [14] - 4643:20, 4662:7, 4785:7,
4785:8, 4789:9, 4798:6, 4812:2,
4818:6, 4820:3, 4834:24, 4835:17,
4858:25, 4859:4, 4860:8
restricted [3] - 4670:20, 4670:25,
4671:3
result [6] - 4644:5, 4696:3, 4696:18,
4698:6, 4811:15
results [2] - 4796:9, 4796:10
resume [3] - 4676:13, 4759:2, 4760:16
resum [1] - 4815:9
resurrection [2] - 4654:8, 4848:23
return [4] - 4725:9, 4725:13, 4753:17,
4754:2
returning [2] - 4753:12, 4754:5
reveal [1] - 4665:11
revealed [1] - 4719:12
revenge [2] - 4649:18, 4650:4
revenue [1] - 4696:14
review [6] - 4645:12, 4696:22, 4705:5,
4758:12, 4843:18, 4861:16
reviewed [1] - 4833:25
revised [2] - 4638:17, 4861:6
revisions [1] - 4637:25
revolution [3] - 4653:13, 4654:6,
4837:3
revolutionary [16] - 4658:6, 4658:21,
4687:2, 4688:19, 4688:22, 4688:24,
4689:23, 4689:24, 4812:15, 4819:4,
4847:12, 4853:15, 4853:17, 4853:21,
4853:22, 4854:7
rhetoric [1] - 4808:25
rice [1] - 4786:22
rich [1] - 4839:21
ride [2] - 4716:25, 4718:17
rides [1] - 4742:5
ridicules [2] - 4651:24, 4830:4
ridiculous [3] - 4691:21, 4807:23,
4817:11
rifle [3] - 4856:3, 4856:6, 4856:7
rights [1] - 4863:14
rise [5] - 4634:16, 4643:21, 4653:14,
4761:13, 4805:18
rises [1] - 4864:12
risk [5] - 4671:3, 4686:18, 4709:17,
4713:25, 4789:13
rival [3] - 4664:13, 4818:1, 4819:25
rivaled [1] - 4820:14
RMR [1] - 4634:8
road [6] - 4669:17, 4699:16, 4716:23,
4816:8, 4822:11, 4822:14
Road [1] - 4720:7
roads [9] - 4716:15, 4716:18, 4718:1,
4720:4, 4723:22, 4723:24, 4816:14,
4817:23, 4824:5
robbery [1] - 4756:6
Robert [4] - 4635:5, 4713:21, 4752:21,

4753:1
rocket [1] - 4814:24
role [3] - 4651:4, 4668:16, 4860:2
roll [1] - 4741:25
rolling [1] - 4742:3
rolls [1] - 4666:1
romanticize [1] - 4797:5
RONALD [1] - 4634:8
room [7] - 4658:24, 4674:18, 4741:12,
4769:6, 4769:18, 4769:19, 4769:21
rough [1] - 4640:7
route [1] - 4718:2
routes [2] - 4672:9, 4716:14
rubble [2] - 4647:12, 4672:19
Rula [1] - 4785:2
ruled [2] - 4639:18, 4640:6
ruling [2] - 4641:21, 4865:23
rumblings [1] - 4760:3
rumored [2] - 4668:5, 4712:20
run [6] - 4666:3, 4676:17, 4684:10,
4711:13, 4716:9, 4727:22
running [7] - 4636:22, 4637:1,
4716:12, 4724:25, 4736:6, 4736:9,
4794:20
runway [1] - 4699:18
runways [1] - 4717:13
Rushdie [2] - 4735:16, 4784:15
RUSSELL [1] - 4633:6
Russell [332] - 4633:22, 4647:14,
4647:24, 4648:6, 4648:8, 4648:16,
4648:21, 4649:7, 4649:17, 4650:10,
4651:21, 4652:9, 4652:10, 4652:21,
4653:4, 4654:17, 4654:25, 4655:21,
4657:22, 4658:13, 4658:25, 4659:13,
4659:14, 4659:18, 4660:5, 4660:8,
4660:20, 4661:19, 4662:5, 4662:8,
4662:10, 4662:11, 4663:1, 4663:17,
4664:3, 4669:24, 4670:5, 4670:15,
4683:3, 4689:4, 4690:21, 4691:3,
4694:4, 4695:4, 4700:25, 4702:24,
4703:7, 4708:20, 4708:23, 4709:3,
4709:6, 4709:11, 4709:13, 4709:16,
4710:6, 4710:9, 4710:11, 4710:12,
4710:14, 4710:19, 4710:23, 4711:3,
4711:11, 4711:12, 4711:14, 4711:15,
4712:10, 4712:24, 4714:1, 4714:4,
4714:10, 4714:11, 4714:14, 4714:18,
4714:24, 4715:1, 4715:5, 4715:18,
4715:20, 4716:4, 4716:8, 4716:10,
4716:11, 4716:13, 4716:17, 4716:19,
4716:24, 4716:25, 4717:6, 4717:7,
4717:20, 4718:7, 4718:9, 4718:11,
4718:18, 4718:19, 4718:21, 4718:25,
4719:4, 4719:24, 4720:2, 4720:3,
4720:10, 4720:11, 4720:13, 4720:17,
4720:21, 4720:25, 4721:7, 4721:25,
4722:2, 4722:5, 4722:6, 4722:8,
4723:5, 4723:7, 4723:12, 4723:15,
4723:16, 4723:17, 4723:19, 4724:17,
4724:20, 4724:24, 4725:2, 4725:6,

4725:7, 4725:9, 4725:10, 4725:12,


4725:19, 4725:24, 4727:5, 4727:20,
4727:25, 4728:10, 4728:15, 4728:19,
4729:1, 4729:3, 4729:13, 4729:16,
4729:18, 4729:21, 4729:23, 4730:1,
4730:3, 4730:4, 4730:5, 4730:22,
4731:5, 4731:12, 4731:14, 4731:17,
4731:19, 4731:20, 4731:24, 4732:4,
4732:7, 4732:8, 4732:10, 4732:14,
4732:17, 4732:22, 4732:24, 4732:25,
4733:2, 4733:10, 4733:11, 4733:12,
4733:14, 4733:16, 4733:18, 4733:19,
4733:23, 4733:24, 4734:1, 4734:5,
4734:6, 4734:7, 4734:9, 4734:13,
4734:19, 4734:25, 4735:1, 4735:2,
4735:3, 4735:5, 4735:8, 4735:18,
4736:5, 4736:6, 4736:10, 4736:11,
4736:14, 4736:16, 4736:21, 4736:23,
4737:1, 4737:2, 4737:5, 4737:8,
4737:9, 4737:10, 4737:13, 4737:14,
4737:16, 4737:17, 4737:18, 4737:20,
4739:8, 4739:12, 4739:13, 4739:14,
4739:16, 4739:21, 4739:25, 4740:1,
4740:12, 4740:18, 4740:20, 4740:22,
4740:23, 4740:25, 4741:13, 4741:16,
4741:17, 4741:21, 4742:1, 4742:6,
4742:14, 4742:16, 4742:20, 4742:21,
4742:22, 4742:24, 4743:3, 4743:5,
4743:8, 4743:11, 4743:12, 4743:17,
4743:18, 4743:19, 4743:21, 4743:22,
4744:12, 4744:13, 4744:16, 4744:18,
4744:24, 4747:13, 4747:17, 4747:19,
4752:12, 4752:19, 4752:22, 4755:4,
4755:23, 4755:25, 4756:11, 4756:16,
4756:19, 4757:1, 4757:6, 4757:10,
4757:14, 4764:15, 4764:16, 4764:21,
4764:23, 4777:25, 4778:8, 4778:9,
4779:21, 4779:23, 4779:25, 4784:5,
4789:19, 4789:20, 4793:17, 4793:22,
4797:24, 4797:25, 4798:1, 4799:6,
4801:9, 4803:19, 4807:25, 4808:1,
4808:20, 4810:23, 4815:1, 4815:6,
4815:24, 4816:7, 4816:16, 4817:23,
4819:14, 4819:20, 4826:5, 4827:7,
4827:8, 4827:9, 4829:25, 4830:8,
4830:9, 4830:10, 4830:13, 4830:18,
4831:4, 4831:11, 4831:14, 4831:17,
4832:10, 4833:2, 4837:8, 4837:21,
4841:17, 4845:4, 4846:7, 4846:20,
4847:4, 4852:8, 4852:10, 4853:11,
4858:2, 4858:5, 4858:20, 4863:7
rusty [3] - 4855:21, 4855:23, 4855:24
rutherford [2] - 4825:1, 4831:23
Rutherford [65] - 4648:23, 4662:2,
4665:14, 4665:17, 4665:22, 4665:25,
4666:3, 4666:4, 4666:12, 4666:14,
4666:16, 4667:13, 4669:1, 4669:2,
4671:16, 4671:17, 4672:23, 4673:1,
4675:18, 4688:1, 4711:22, 4712:2,
4712:11, 4712:22, 4712:23, 4714:11,
4714:13, 4714:14, 4714:17, 4715:2,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

33

U.S.A. v. DEFREITAS and KADIR


4715:4, 4715:11, 4715:13, 4715:23,
4720:11, 4720:25, 4725:9, 4725:14,
4725:18, 4727:3, 4727:9, 4727:11,
4727:20, 4728:3, 4728:4, 4728:5,
4728:8, 4728:9, 4728:12, 4728:20,
4728:22, 4728:23, 4740:23, 4747:4,
4756:17, 4763:14, 4763:15, 4765:4,
4789:23, 4824:15, 4824:19, 4828:13,
4833:14, 4846:25
Rutherford's [3] - 4672:25, 4726:8,
4833:7

S
sacrifice [1] - 4661:16
Saddam [1] - 4790:13
safe [2] - 4746:23, 4767:3
safer [3] - 4762:21, 4803:16, 4813:7
safes [1] - 4783:9
safety [4] - 4674:1, 4699:10, 4700:9,
4700:14
sake [1] - 4665:3
salemoalicum [1] - 4719:20
sales [2] - 4750:3, 4751:17
Salman [1] - 4735:16
Salmon [1] - 4784:15
salt [2] - 4727:5, 4732:16
sANKOFA [1] - 4634:1
sat [5] - 4658:24, 4662:10, 4674:18,
4692:6, 4745:23
satellite [16] - 4658:15, 4669:14,
4674:24, 4675:5, 4680:3, 4688:16,
4693:20, 4697:8, 4699:17, 4699:19,
4700:5, 4703:12, 4703:13, 4783:9,
4835:23, 4840:24
satisfied [5] - 4687:4, 4698:16,
4701:3, 4702:5, 4702:19
satisfies [1] - 4865:9
satisfy [1] - 4649:21
Saturday [1] - 4639:1
save [2] - 4715:6, 4741:21
Saved [2] - 4828:19, 4828:20
saving [2] - 4715:14, 4808:9
saw [11] - 4655:23, 4659:21, 4670:13,
4671:17, 4677:10, 4686:11, 4692:19,
4719:10, 4768:20, 4822:5, 4826:2
scared [6] - 4686:4, 4766:4, 4797:21,
4797:23, 4798:3, 4798:7
scary [1] - 4743:23
scene [2] - 4799:21, 4816:12
scheduled [1] - 4852:3
scheme [4] - 4648:24, 4650:18,
4694:9, 4743:13
scheming [5] - 4647:12, 4653:9,
4655:11, 4690:17, 4847:11
scholarly [1] - 4741:4
school [3] - 4791:25, 4792:1
scientists [1] - 4814:24
scouting [1] - 4717:3

scrambles [1] - 4853:12


screen [6] - 4699:16, 4761:4, 4761:8,
4769:20, 4784:24, 4785:22
screw [3] - 4855:21, 4855:23, 4855:24
screwed [1] - 4754:14
scrutiny [1] - 4813:8
scurrying [1] - 4853:4
search [5] - 4682:2, 4794:19, 4794:21,
4795:2
searched [1] - 4794:23
searches [1] - 4729:2
seasoned [8] - 4667:13, 4810:22,
4819:16, 4820:5, 4820:18, 4827:22,
4841:7
seat [8] - 4636:24, 4642:6, 4642:8,
4643:9, 4724:21, 4758:22, 4805:2,
4861:2
seated [11] - 4634:17, 4642:20,
4642:24, 4643:24, 4644:17, 4708:6,
4708:9, 4761:16, 4761:19, 4805:21,
4805:23
second [19] - 4647:4, 4677:16,
4685:23, 4696:2, 4696:8, 4702:13,
4723:3, 4749:2, 4749:3, 4777:14,
4781:16, 4781:25, 4788:21, 4795:2,
4798:4, 4813:23, 4830:18, 4837:17
seconds [1] - 4679:11
secret [5] - 4665:19, 4718:1, 4718:23,
4718:25, 4783:10
secretly [1] - 4685:7
secrets [2] - 4719:5, 4786:9
secure [1] - 4784:10
secured [1] - 4783:9
security [14] - 4671:22, 4681:19,
4697:7, 4717:9, 4717:12, 4718:8,
4719:5, 4742:7, 4742:8, 4816:18,
4816:25, 4817:5, 4817:21, 4821:7
sedition [1] - 4685:2
see [61] - 4639:24, 4640:1, 4640:15,
4642:13, 4644:4, 4644:6, 4651:17,
4652:18, 4655:1, 4666:11, 4669:15,
4669:22, 4670:7, 4676:24, 4680:9,
4680:11, 4681:15, 4681:17, 4686:15,
4689:11, 4689:19, 4710:19, 4717:25,
4723:9, 4724:3, 4724:4, 4725:20,
4727:10, 4727:14, 4730:1, 4733:6,
4733:7, 4743:25, 4746:21, 4753:24,
4768:2, 4768:19, 4777:15, 4779:7,
4782:2, 4797:5, 4810:15, 4814:2,
4814:3, 4814:6, 4815:23, 4822:19,
4825:1, 4825:23, 4826:2, 4832:23,
4835:7, 4845:3, 4846:6, 4846:13,
4848:5, 4848:7, 4851:6, 4852:7,
4860:8, 4866:11
seeing [7] - 4654:24, 4663:18,
4679:23, 4689:14, 4718:5, 4727:9,
4825:22
seek [7] - 4650:4, 4658:2, 4658:5,
4682:6, 4764:11, 4793:11, 4831:24
seeking [4] - 4682:7, 4692:16,

34

4810:21, 4820:18
seem [3] - 4641:12, 4719:21, 4838:6
seething [2] - 4648:17, 4653:9
segregated [1] - 4859:24
seized [2] - 4676:8, 4684:10
selected [1] - 4664:3
self [4] - 4676:11, 4797:6, 4797:7,
4835:15
self-interested [1] - 4835:15
self-serving [1] - 4676:11
selfish [1] - 4777:3
sell [11] - 4738:24, 4739:1, 4739:2,
4739:3, 4739:4, 4740:4, 4740:6,
4742:23, 4785:14, 4798:13, 4798:14
selling [1] - 4790:6
send [16] - 4668:13, 4680:8, 4688:22,
4715:3, 4728:4, 4728:5, 4728:7,
4738:2, 4761:11, 4782:20, 4782:21,
4782:22, 4792:6, 4792:8, 4805:12,
4853:14
sending [11] - 4680:15, 4712:3,
4714:11, 4714:13, 4714:14, 4715:5,
4725:22, 4738:6, 4786:11, 4786:19,
4786:20
senior [2] - 4667:18, 4668:4
sense [40] - 4655:6, 4668:25, 4671:14,
4675:15, 4678:16, 4679:6, 4686:19,
4688:4, 4689:2, 4728:12, 4745:7,
4745:15, 4775:18, 4775:20, 4775:21,
4779:13, 4782:5, 4782:6, 4782:7,
4790:2, 4790:8, 4793:7, 4793:9,
4794:12, 4794:13, 4796:13, 4797:9,
4797:12, 4798:8, 4807:4, 4807:11,
4827:12, 4837:4, 4839:5, 4839:11,
4851:11, 4855:17, 4858:18
senses [1] - 4741:2
sensitive [2] - 4678:25, 4679:18
sent [7] - 4672:25, 4673:4, 4710:17,
4754:16, 4777:18, 4786:18, 4791:3
sentence [7] - 4746:1, 4746:7,
4748:16, 4750:1, 4750:7, 4751:6,
4835:19
sentences [1] - 4748:20
sentencing [1] - 4749:10
separate [3] - 4643:2, 4695:21,
4765:25
separately [1] - 4731:2
September [2] - 4755:16, 4755:19
Serbia [1] - 4745:14
serious [24] - 4652:11, 4660:7,
4660:14, 4661:10, 4663:17, 4663:22,
4681:12, 4682:10, 4684:23, 4685:5,
4686:14, 4696:16, 4696:20, 4749:2,
4751:2, 4751:4, 4751:8, 4807:21,
4808:22, 4819:15, 4821:25, 4830:13,
4831:15, 4856:21
seriously [4] - 4652:1, 4660:13,
4662:6, 4662:9
seriousness [1] - 4662:24
sermons [1] - 4653:16

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


serve [5] - 4682:25, 4826:15, 4826:17,
4826:21, 4826:23
served [5] - 4641:10, 4641:18, 4683:5,
4746:7, 4746:8
serves [2] - 4683:7, 4789:3
service [2] - 4643:5, 4860:1
services [2] - 4816:1, 4816:3
serving [1] - 4676:11
SESSION [1] - 4760:1
set [14] - 4642:14, 4655:5, 4673:13,
4696:10, 4707:22, 4744:9, 4772:15,
4772:17, 4778:4, 4778:15, 4779:12,
4829:5, 4850:17
set's [1] - 4681:20
sets [5] - 4685:23, 4731:18, 4777:21,
4778:1, 4789:2
setting [3] - 4707:5, 4836:4, 4842:8
settled [1] - 4663:14
settles [1] - 4686:6
seven [2] - 4769:5, 4852:11
seven-year-old [1] - 4769:5
sever [3] - 4691:13, 4692:21, 4839:24
several [4] - 4646:21, 4648:13, 4657:1,
4698:13
Seyyid [2] - 4849:8, 4849:12
shady [1] - 4803:11
Shafek [1] - 4737:12
Shafik [2] - 4673:19, 4673:20
shaking [1] - 4768:21
shall [3] - 4654:8, 4802:12, 4848:23
sharing [1] - 4715:14
shark [1] - 4757:15
sheet [1] - 4639:11
sheik [1] - 4809:22
Sheikh [13] - 4721:8, 4736:2, 4744:1,
4744:2, 4744:5, 4752:10, 4844:2,
4844:17, 4844:25, 4846:22, 4846:24,
4846:25
sheikh [2] - 4789:20, 4789:24
Sheikhs [2] - 4720:13, 4720:14
Shi'a [1] - 4686:8
Shia [8] - 4788:20, 4792:4, 4792:5,
4792:6, 4792:7, 4792:9
shift [1] - 4863:1
shifted [1] - 4692:23
Shiite [3] - 4653:4, 4653:13, 4653:14
Shiites [1] - 4739:6
Shining [4] - 4666:13, 4666:15,
4666:17, 4675:19
shining [1] - 4738:8
shipments [1] - 4822:16
shipped [1] - 4719:1
shock [2] - 4692:13, 4840:2
shocked [1] - 4814:23
shocking [2] - 4755:12, 4755:21
shoot [3] - 4673:10, 4747:14, 4748:1
shooting [3] - 4663:18, 4668:12,
4818:25
shops [1] - 4713:15

short [2] - 4768:20, 4831:18


shorter [1] - 4705:25
shortly [1] - 4760:16
shot [4] - 4671:10, 4673:7, 4684:8,
4700:3
shots [7] - 4671:2, 4671:9, 4755:1,
4755:4, 4755:5, 4824:3
show [34] - 4670:2, 4715:25, 4721:11,
4722:13, 4723:19, 4727:13, 4735:6,
4736:10, 4740:1, 4742:19, 4750:23,
4755:6, 4756:19, 4757:3, 4757:7,
4757:17, 4761:4, 4776:17, 4783:13,
4783:17, 4785:13, 4788:7, 4788:8,
4788:18, 4791:8, 4798:2, 4816:8,
4816:9, 4821:3, 4824:4, 4824:16,
4829:18, 4849:4, 4855:19
showed [6] - 4688:14, 4756:22,
4768:17, 4797:20, 4825:20, 4848:13
showing [6] - 4691:2, 4699:22,
4719:1, 4788:13, 4790:7, 4840:19
shown [18] - 4646:6, 4647:11, 4648:8,
4692:22, 4693:5, 4709:1, 4709:5,
4709:8, 4709:9, 4709:11, 4709:12,
4709:15, 4724:13, 4740:3, 4753:1,
4825:19, 4825:20, 4856:11
showoff [1] - 4808:9
shows [25] - 4651:16, 4655:18,
4681:11, 4691:5, 4695:19, 4699:5,
4700:4, 4716:1, 4718:18, 4729:18,
4729:19, 4730:2, 4734:9, 4734:14,
4734:17, 4734:18, 4736:14, 4736:16,
4740:3, 4756:10, 4756:12, 4757:10,
4757:13, 4757:18, 4783:18
shrapnel [1] - 4719:13
Shukrijumah [28] - 4667:11, 4712:16,
4712:17, 4712:18, 4712:22, 4713:1,
4713:3, 4713:4, 4713:6, 4713:9,
4713:12, 4714:16, 4726:1, 4728:14,
4728:16, 4733:6, 4733:7, 4746:12,
4746:13, 4746:17, 4757:16, 4763:12,
4764:7, 4765:3, 4818:10, 4818:14,
4833:21, 4858:8
Shukrijumiah [7] - 4658:3, 4667:4,
4667:7, 4667:25, 4668:3, 4668:19,
4671:13
Shukrijumiah's [2] - 4667:5, 4668:8
Shurkijumah [2] - 4746:18, 4746:20
shut [1] - 4719:3
sic [1] - 4793:3
sick [1] - 4637:1
side [9] - 4642:16, 4671:5, 4676:18,
4822:15, 4844:6, 4847:10, 4852:19,
4855:13, 4862:21
sidebar [2] - 4771:23, 4774:2
sidestep [1] - 4781:11
sign [4] - 4686:14, 4724:13, 4724:14,
4817:16
significance [1] - 4765:9
significant [6] - 4650:24, 4668:9,
4823:12, 4831:2, 4832:24, 4834:23

35

signs [4] - 4724:18, 4797:1, 4816:14,


4817:13
silly [3] - 4815:15, 4821:6, 4823:18
similar [1] - 4639:12
simple [3] - 4684:19, 4821:11, 4828:23
simpler [2] - 4650:21, 4820:24
simply [6] - 4677:12, 4684:16, 4685:6,
4723:11, 4724:10, 4748:24
single [11] - 4700:15, 4701:17,
4704:17, 4718:1, 4757:23, 4790:15,
4801:21, 4834:2, 4834:6, 4840:20,
4859:6
singling [1] - 4656:20
sister [1] - 4791:25
sit [10] - 4637:15, 4649:6, 4705:14,
4710:1, 4710:2, 4710:3, 4771:12,
4775:17, 4781:21
sits [2] - 4636:24, 4643:4
sitting [5] - 4726:7, 4767:19, 4767:22,
4768:16, 4809:23
situation [2] - 4855:16, 4866:1
Six [3] - 4702:6, 4702:8
six [9] - 4695:16, 4741:24, 4742:4,
4742:12, 4815:12, 4820:6, 4820:15,
4840:17, 4852:11
size [2] - 4659:20, 4677:9
sizzle [2] - 4757:10, 4808:10
skepticism [1] - 4674:5
sketch [1] - 4718:5
skills [1] - 4667:8
skip [1] - 4851:22
sky [1] - 4669:22
Sky [1] - 4697:6
slice [1] - 4824:11
slick [2] - 4779:20, 4779:21
slides [3] - 4661:24, 4825:12, 4825:13
slightly [1] - 4722:21
slinking [3] - 4692:12, 4693:3, 4840:5
slip [1] - 4670:16
slow [1] - 4770:10
small [10] - 4642:13, 4665:21,
4669:16, 4708:21, 4722:10, 4723:11,
4757:19, 4812:4, 4820:1, 4824:25
smaller [2] - 4669:24, 4820:24
smart [3] - 4818:2, 4818:21, 4819:4
smiling [1] - 4672:20
smooth [1] - 4752:3
smuggling [1] - 4710:11
sneak [2] - 4651:11, 4672:8
snitches [1] - 4795:15
so-called [2] - 4710:13, 4777:21
soft [2] - 4672:7, 4858:6
sold [1] - 4823:15
sole [2] - 4645:22, 4802:8
solutions [2] - 4679:14, 4684:15
solving [1] - 4677:24
someone [31] - 4651:11, 4652:20,
4657:16, 4664:2, 4665:15, 4667:14,
4672:24, 4673:11, 4682:19, 4686:17,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4686:18, 4700:23, 4703:10, 4710:10,
4719:15, 4723:16, 4729:2, 4740:24,
4752:7, 4764:9, 4765:20, 4775:23,
4777:12, 4777:15, 4777:16, 4784:19,
4802:19, 4810:18, 4818:5, 4834:16,
4840:18
someplace [2] - 4795:13
sometime [2] - 4666:1, 4687:13
sometimes [3] - 4708:15, 4797:10,
4826:13
somewhat [2] - 4641:6, 4864:11
somewhere [3] - 4675:4, 4764:13,
4778:4
son [1] - 4785:25
son's [2] - 4781:19, 4797:22
soon [6] - 4671:11, 4671:13, 4671:14,
4714:3, 4714:5, 4861:8
sophisticated [1] - 4781:6
sorely [1] - 4770:9
sorry [6] - 4669:2, 4707:16, 4708:13,
4797:8, 4838:8, 4846:8
sort [4] - 4751:3, 4751:12, 4810:8,
4866:2
sorts [1] - 4736:17
sought [2] - 4667:18, 4744:23
soul [1] - 4701:17
sound [11] - 4720:13, 4721:25, 4727:6,
4751:25, 4760:24, 4764:2, 4810:18,
4841:1, 4841:4, 4841:13, 4855:17
sounds [4] - 4752:1, 4775:23, 4776:3,
4865:14
source [2] - 4692:14
space [2] - 4679:10, 4808:3
Spain [2] - 4754:5, 4791:14
span [1] - 4809:8
speaking [8] - 4659:9, 4659:14,
4719:4, 4746:16, 4749:9, 4778:7,
4799:6
speaks [2] - 4715:4, 4800:9
special [4] - 4648:11, 4666:22,
4718:16, 4748:21
specific [2] - 4775:4, 4819:23
specifically [1] - 4661:13
spectacle [1] - 4690:25
speculate [2] - 4649:7, 4796:1
speculation [1] - 4822:20
speech [1] - 4785:6
spend [3] - 4812:1, 4829:21, 4829:25
spent [8] - 4646:16, 4648:16, 4703:18,
4757:15, 4807:20, 4810:4, 4850:5,
4855:9
spin [1] - 4660:17
spiritual [1] - 4786:22
spoken [4] - 4769:23, 4844:9,
4844:10, 4844:11
sponsor [4] - 4819:5, 4845:6, 4845:9,
4845:10
sponsored [1] - 4813:3
sponsoring [1] - 4690:8
sponsors [3] - 4690:4, 4690:5, 4803:8

spot [2] - 4801:12, 4801:14


spots [1] - 4672:7
spread [1] - 4697:12
spreading [1] - 4784:6
spy [6] - 4781:6, 4786:7, 4786:25,
4787:1, 4789:1, 4799:13
spying [5] - 4786:10, 4787:3, 4788:5,
4788:23, 4788:24
Squares [1] - 4788:22
stage [1] - 4665:10
stake [1] - 4748:13
stamps [1] - 4828:7
stand [29] - 4653:3, 4653:18, 4655:20,
4656:8, 4656:23, 4659:16, 4662:10,
4674:8, 4674:14, 4678:21, 4679:11,
4681:2, 4683:12, 4683:22, 4691:7,
4695:7, 4703:20, 4749:23, 4767:19,
4767:23, 4768:24, 4773:12, 4791:17,
4793:21, 4807:3, 4840:13, 4849:23,
4856:10
standing [3] - 4653:4, 4686:8, 4741:9
stands [1] - 4836:17
start [14] - 4636:6, 4644:10, 4669:20,
4673:15, 4678:1, 4690:11, 4704:22,
4704:24, 4705:10, 4721:23, 4762:2,
4809:12, 4813:14, 4859:10
started [16] - 4642:20, 4648:13,
4662:2, 4707:23, 4710:5, 4713:7,
4714:1, 4763:4, 4763:10, 4796:21,
4804:3, 4813:15, 4850:12, 4852:17,
4859:6, 4861:5
starting [1] - 4730:9
starts [4] - 4686:6, 4714:11, 4733:8,
4769:21
stash [1] - 4685:3
state [8] - 4635:1, 4668:12, 4692:13,
4698:13, 4702:1, 4792:5, 4819:5,
4848:19
statement [5] - 4657:3, 4662:4,
4772:19, 4843:17
statements [15] - 4645:15, 4651:25,
4730:6, 4755:23, 4756:1, 4795:18,
4808:24, 4809:1, 4809:6, 4809:8,
4832:8, 4836:11, 4854:16, 4858:14,
4864:1
STATES [2] - 4633:1, 4633:3
states [2] - 4652:14, 4712:5
States [44] - 4633:11, 4633:15,
4634:25, 4645:9, 4649:13, 4650:3,
4651:20, 4661:5, 4663:13, 4664:13,
4667:21, 4668:2, 4669:3, 4673:18,
4693:25, 4697:21, 4698:10, 4700:25,
4710:20, 4711:1, 4712:9, 4712:13,
4714:7, 4731:13, 4731:14, 4731:25,
4745:1, 4745:4, 4745:8, 4746:2,
4746:8, 4747:8, 4812:23, 4813:3,
4819:8, 4821:18, 4821:24, 4822:6,
4822:23, 4823:9, 4834:25, 4858:1,
4858:9
States' [1] - 4650:3

36

stating [2] - 4772:11, 4803:1


station [6] - 4684:10, 4697:9, 4700:17,
4720:7, 4818:24, 4819:1
statute [1] - 4702:20
stay [15] - 4681:14, 4686:7, 4715:21,
4730:25, 4733:11, 4735:1, 4744:25,
4772:10, 4778:21, 4797:25, 4828:9,
4828:11, 4836:5, 4839:22, 4839:24
staying [1] - 4739:18
stays [1] - 4735:1
stealing [2] - 4719:6, 4785:17
steam [2] - 4652:6, 4652:20
steel [1] - 4718:12
Stenographically [1] - 4634:12
step [8] - 4652:19, 4688:18, 4691:8,
4803:25, 4853:11, 4857:18, 4859:18
steps [6] - 4652:16, 4657:18, 4663:3,
4663:4, 4663:6, 4827:22
steven [1] - 4673:20
Steven [262] - 4654:18, 4655:22,
4657:24, 4658:25, 4660:21, 4661:25,
4662:3, 4663:7, 4663:14, 4664:3,
4664:24, 4671:16, 4673:19, 4673:25,
4676:25, 4678:3, 4679:12, 4680:9,
4682:24, 4683:23, 4684:21, 4690:2,
4692:14, 4694:5, 4699:11, 4703:7,
4710:6, 4710:17, 4710:23, 4711:2,
4711:5, 4711:6, 4711:10, 4711:11,
4711:14, 4711:16, 4711:20, 4711:23,
4712:3, 4712:7, 4712:12, 4712:21,
4713:2, 4713:4, 4713:5, 4714:6,
4714:9, 4714:10, 4714:12, 4714:13,
4714:21, 4715:3, 4715:6, 4715:7,
4715:10, 4715:12, 4715:15, 4715:16,
4715:23, 4716:7, 4716:8, 4716:18,
4716:21, 4716:24, 4717:6, 4718:9,
4719:11, 4719:22, 4720:1, 4720:6,
4720:10, 4720:12, 4720:16, 4720:21,
4720:24, 4721:2, 4721:7, 4721:13,
4722:1, 4722:3, 4723:12, 4723:14,
4723:15, 4724:23, 4725:1, 4725:3,
4725:6, 4725:15, 4725:16, 4725:17,
4725:24, 4727:2, 4727:17, 4727:23,
4727:25, 4728:1, 4728:5, 4728:7,
4728:9, 4728:11, 4728:14, 4728:16,
4728:17, 4728:20, 4729:1, 4729:3,
4729:5, 4729:6, 4729:9, 4729:16,
4729:20, 4729:21, 4730:6, 4732:2,
4732:3, 4732:9, 4732:17, 4732:19,
4733:10, 4733:13, 4734:2, 4734:6,
4734:8, 4734:10, 4734:25, 4735:4,
4735:5, 4735:9, 4735:13, 4735:21,
4735:23, 4735:24, 4736:7, 4736:9,
4736:21, 4737:4, 4737:7, 4737:14,
4737:15, 4737:18, 4738:1, 4738:2,
4738:7, 4738:14, 4738:15, 4738:17,
4738:21, 4739:16, 4740:20, 4740:23,
4741:3, 4741:15, 4742:2, 4742:4,
4742:6, 4742:8, 4742:10, 4742:11,
4742:13, 4742:14, 4743:1, 4743:2,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4743:8, 4743:10, 4743:11, 4743:14,
4743:15, 4743:17, 4743:25, 4744:3,
4744:8, 4744:9, 4746:17, 4747:1,
4747:5, 4747:9, 4747:11, 4747:12,
4747:17, 4747:21, 4747:22, 4747:23,
4748:1, 4748:10, 4748:11, 4748:13,
4748:19, 4749:20, 4750:2, 4752:3,
4752:10, 4752:14, 4752:17, 4752:18,
4754:15, 4754:21, 4755:2, 4755:11,
4755:13, 4755:16, 4756:18, 4764:15,
4764:17, 4764:20, 4764:25, 4765:2,
4765:4, 4766:17, 4766:20, 4766:25,
4767:1, 4767:15, 4776:7, 4777:24,
4778:8, 4778:9, 4779:2, 4779:22,
4779:23, 4779:25, 4781:21, 4782:14,
4789:19, 4793:16, 4794:21, 4795:7,
4795:11, 4796:11, 4797:2, 4797:4,
4797:20, 4799:7, 4800:1, 4800:3,
4800:12, 4803:13, 4803:18, 4810:24,
4810:25, 4811:1, 4811:2, 4811:4,
4820:2, 4826:6, 4826:7, 4827:2,
4827:5, 4827:10, 4827:15, 4829:15,
4832:13, 4852:8, 4852:10, 4854:2
stick [4] - 4651:5, 4728:15, 4728:19,
4729:20
still [18] - 4693:7, 4700:3, 4704:16,
4704:20, 4711:8, 4726:3, 4726:7,
4729:16, 4730:2, 4751:5, 4768:17,
4769:17, 4797:21, 4797:23, 4814:16,
4837:4, 4852:21, 4859:9
sting [1] - 4757:11
stipulation [1] - 4689:19
stolen [1] - 4783:9
stood [1] - 4815:1
stop [2] - 4663:2, 4681:8
stopped [17] - 4649:4, 4649:15,
4649:24, 4650:8, 4651:9, 4664:22,
4670:4, 4672:1, 4672:17, 4678:6,
4679:3, 4680:1, 4680:25, 4682:18,
4683:20, 4689:10, 4698:3
store [2] - 4721:9, 4722:2
stories [3] - 4659:20, 4660:18,
4843:21
story [21] - 4660:1, 4660:17, 4675:24,
4676:22, 4677:4, 4677:6, 4691:7,
4691:23, 4692:24, 4694:2, 4728:9,
4742:18, 4743:22, 4745:6, 4783:15,
4837:14, 4840:9, 4840:13, 4840:14,
4840:15, 4845:23
straight [5] - 4659:7, 4660:25,
4683:13, 4733:23, 4750:19
strange [5] - 4676:12, 4814:5, 4814:7,
4814:8, 4821:6
strangely [1] - 4832:15
stranger [1] - 4682:21
streamlined [1] - 4641:5
Street [3] - 4634:1, 4634:4, 4721:16
strength [1] - 4673:9
stricken [2] - 4795:24, 4803:4
strict [1] - 4813:8

strike [1] - 4672:14


strikes [1] - 4819:8
striking [1] - 4690:17
stringing [1] - 4810:18
strong [3] - 4665:2, 4703:19, 4754:22
struck [1] - 4812:20
struggle [2] - 4653:22, 4653:24
student [1] - 4739:18
students [4] - 4778:7, 4778:10,
4778:11, 4791:5
studying [1] - 4810:3
stuff [12] - 4672:12, 4713:17, 4721:18,
4766:11, 4793:8, 4794:14, 4799:4,
4799:14, 4799:19, 4799:22, 4805:3,
4805:6
stupid [9] - 4692:17, 4709:10,
4709:21, 4709:22, 4709:24, 4709:25,
4808:7, 4817:4, 4819:17
subjugation [1] - 4654:7
submissions [1] - 4640:24
submit [11] - 4650:1, 4689:22,
4840:15, 4841:19, 4853:10, 4854:9,
4854:23, 4855:3, 4855:7, 4858:18,
4865:24
submitted [4] - 4639:1, 4692:4,
4862:3, 4866:8
substance [1] - 4699:8
substantial [2] - 4746:6, 4749:5
substitute [4] - 4637:4, 4637:19,
4720:8, 4722:23
succeed [4] - 4682:12, 4682:25,
4683:9, 4686:15
succeeded [2] - 4814:14, 4818:20
succeeding [1] - 4657:13
succeeds [1] - 4657:12
success [2] - 4682:15, 4719:24
successful [3] - 4665:17, 4812:21,
4812:23
successfully [1] - 4820:20
sudden [3] - 4693:22, 4845:20,
4845:21
suddenly [2] - 4692:13, 4708:25
suffice [1] - 4656:7
sufficiently [1] - 4772:1
suggest [6] - 4645:13, 4693:10,
4693:12, 4829:18, 4831:15, 4835:12
suggested [9] - 4666:12, 4674:24,
4820:11, 4834:20, 4844:15, 4845:1,
4845:4, 4847:6, 4864:13
suggesting [1] - 4865:15
suggestion [1] - 4820:17
suggestions [1] - 4816:21
suggests [1] - 4679:7
suicide [5] - 4664:25, 4668:11, 4684:7,
4818:24, 4841:4
suit [1] - 4789:9
suitcase [3] - 4820:25, 4821:4, 4821:8
Suite [1] - 4634:4
sum [2] - 4645:8, 4704:11

summary [1] - 4645:19


SUMMATION [5] - 4762:4, 4867:4,
4867:5, 4867:6, 4867:7
Summation [3] - 4646:2, 4708:19,
4806:6
summation [10] - 4704:15, 4705:18,
4708:16, 4710:9, 4722:16, 4761:24,
4804:4, 4806:3, 4862:16, 4864:2
summations [23] - 4637:7, 4637:8,
4640:15, 4640:16, 4642:15, 4642:21,
4644:24, 4645:2, 4645:4, 4645:12,
4645:15, 4645:24, 4704:6, 4704:20,
4760:16, 4760:17, 4804:1, 4832:16,
4861:5, 4864:8, 4864:23, 4864:24,
4865:12
Summations [1] - 4805:1
summed [1] - 4863:20
summer [1] - 4661:19
summing [2] - 4761:25, 4863:21
sums [1] - 4642:18
sun [1] - 4808:5
super [1] - 4781:6
supervisor [1] - 4648:13
support [11] - 4681:10, 4682:7,
4682:8, 4683:9, 4713:22, 4822:2,
4822:4, 4822:8, 4837:3, 4848:9,
4854:24
suppose [2] - 4830:18, 4830:22
supposed [16] - 4635:16, 4635:20,
4678:10, 4710:14, 4714:25, 4726:3,
4766:23, 4766:24, 4767:2, 4777:12,
4778:16, 4779:5, 4780:15, 4781:16,
4795:22
supposedly [5] - 4710:21, 4714:16,
4727:21, 4815:15, 4827:25
suppressed [1] - 4687:10
supreme [1] - 4653:18
surely [1] - 4792:13
surprise [5] - 4660:13, 4691:4,
4691:21, 4785:18, 4827:19
surrounding [1] - 4816:5
surveil [1] - 4812:3
surveillance [33] - 4647:13, 4657:25,
4658:1, 4669:23, 4671:7, 4673:23,
4674:21, 4682:20, 4684:20, 4684:23,
4685:5, 4685:9, 4686:1, 4702:8,
4702:10, 4702:24, 4702:25, 4703:3,
4703:6, 4716:6, 4724:12, 4724:19,
4756:1, 4806:14, 4807:17, 4811:21,
4811:22, 4813:4, 4828:22, 4829:5,
4831:3, 4835:11, 4863:9
surveilled [1] - 4702:19
surveilling [1] - 4810:20
survivors [1] - 4704:2
suspicion [1] - 4650:13
suspicious [1] - 4672:23
sustained [7] - 4768:9, 4771:17,
4771:19, 4788:16, 4794:25, 4795:17,
4795:24
Sustained [1] - 4802:2

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

37

U.S.A. v. DEFREITAS and KADIR


swinging [1] - 4856:1
switch [7] - 4658:5, 4705:23, 4707:25,
4708:14, 4709:14, 4724:1, 4830:6
sworn [1] - 4692:3
sympathetic [1] - 4792:12
sync [1] - 4639:14
system [7] - 4661:23, 4670:7, 4696:1,
4696:5, 4707:7, 4816:25, 4817:11
systems [1] - 4816:20

T
table [4] - 4635:4, 4646:8, 4672:6,
4792:19
tail [1] - 4732:6
tailed [1] - 4859:3
takeover [1] - 4818:25
Talib [8] - 4648:23, 4665:14, 4665:16,
4665:22, 4763:14, 4763:15, 4765:4,
4828:12
talkers [1] - 4713:19
talks [28] - 4649:10, 4650:25, 4654:6,
4714:12, 4714:13, 4716:13, 4718:22,
4719:4, 4719:7, 4719:9, 4720:21,
4723:20, 4723:21, 4731:12, 4731:17,
4731:21, 4737:2, 4740:15, 4741:19,
4741:23, 4750:22, 4765:21, 4770:1,
4799:10, 4844:7, 4846:5, 4849:2
tank [6] - 4658:16, 4671:9, 4694:13,
4801:20, 4801:21, 4815:20
tanks [71] - 4646:14, 4647:3, 4647:8,
4650:19, 4657:7, 4658:2, 4661:2,
4666:8, 4666:21, 4666:24, 4668:25,
4669:4, 4669:8, 4670:8, 4670:10,
4670:22, 4671:23, 4672:2, 4674:25,
4693:20, 4694:15, 4694:16, 4694:23,
4695:10, 4695:14, 4696:9, 4696:25,
4697:5, 4697:20, 4699:2, 4699:13,
4699:23, 4700:16, 4701:9, 4701:13,
4701:14, 4702:15, 4702:17, 4702:25,
4703:9, 4716:25, 4717:25, 4718:11,
4718:22, 4719:1, 4720:5, 4768:21,
4801:17, 4801:25, 4816:3, 4817:22,
4820:4, 4824:3, 4824:4, 4825:10,
4825:25, 4833:18, 4833:19, 4836:8,
4838:1, 4839:3, 4839:4, 4839:10,
4841:11, 4841:15, 4841:23, 4842:2,
4842:3, 4842:10, 4842:15
tape [41] - 4647:17, 4651:19, 4651:20,
4655:19, 4659:10, 4660:24, 4674:13,
4675:5, 4675:14, 4741:11, 4743:5,
4764:5, 4765:1, 4766:3, 4806:11,
4806:20, 4807:20, 4808:5, 4808:14,
4808:19, 4812:9, 4815:7, 4824:12,
4831:3, 4832:8, 4832:17, 4832:18,
4835:22, 4836:1, 4836:3, 4836:4,
4836:17, 4837:10, 4843:1, 4843:11,
4847:4, 4854:11, 4854:12, 4856:15,
4858:14

tape-recorded [2] - 4806:20, 4832:8


taped [2] - 4766:2, 4843:17
tapes [36] - 4649:25, 4652:9, 4652:20,
4656:14, 4670:14, 4671:7, 4686:3,
4694:3, 4697:17, 4716:10, 4717:5,
4719:19, 4720:2, 4723:19, 4741:11,
4749:8, 4763:1, 4763:25, 4764:1,
4764:14, 4768:6, 4777:25, 4808:1,
4817:25, 4822:3, 4822:24, 4826:7,
4831:22, 4831:25, 4833:25, 4837:15,
4840:13, 4840:21, 4842:22, 4846:14,
4856:17
tapped [1] - 4835:10
target [2] - 4672:3, 4698:11
targets [4] - 4671:8, 4821:24, 4824:3,
4858:6
tarj [2] - 4681:23, 4681:24
taxi [1] - 4699:18
taxiway [1] - 4699:17
teach [1] - 4646:10
teaches [1] - 4788:22
teaching [1] - 4789:6
tears [1] - 4750:8
tech [9] - 4672:12, 4722:4, 4722:5,
4722:7, 4722:10, 4723:11, 4816:24,
4824:25, 4825:5
technical [8] - 4646:22, 4695:22,
4708:14, 4713:22, 4783:6, 4805:3,
4805:5
technological [1] - 4825:6
technologies [1] - 4816:20
technology [2] - 4817:1, 4817:5
ten [7] - 4719:8, 4750:8, 4755:22,
4781:18, 4781:19, 4797:22, 4815:12
ten-year [1] - 4719:8
tends [1] - 4862:17
tenor [1] - 4864:22
term [1] - 4708:24
terminal [6] - 4651:12, 4671:22,
4820:25, 4821:3, 4821:7, 4821:10
terminals [1] - 4724:8
terms [3] - 4681:19, 4835:8, 4862:18
terrible [4] - 4646:9, 4710:22, 4749:24,
4749:25
terrify [1] - 4803:10
terror [2] - 4655:25, 4762:15
terrorism [7] - 4690:23, 4749:5,
4818:13, 4819:6, 4820:10, 4821:25,
4857:23
terrorist [59] - 4650:23, 4653:6,
4656:22, 4656:24, 4657:4, 4657:17,
4658:3, 4661:20, 4664:12, 4667:13,
4667:24, 4668:9, 4670:12, 4682:7,
4682:9, 4683:6, 4684:7, 4690:24,
4691:14, 4703:20, 4740:12, 4742:23,
4808:15, 4810:22, 4812:12, 4812:21,
4812:22, 4812:23, 4813:3, 4817:16,
4817:17, 4818:23, 4819:7, 4819:8,
4819:12, 4819:21, 4820:8, 4820:14,
4820:16, 4820:21, 4821:23, 4823:19,

38

4824:9, 4829:2, 4830:2, 4830:16,


4834:23, 4839:23, 4841:2, 4841:5,
4841:7, 4841:10, 4845:7, 4845:11,
4845:12, 4854:19, 4857:4, 4857:9
terrorists [14] - 4691:18, 4694:23,
4755:18, 4792:2, 4819:16, 4820:18,
4827:22, 4829:23, 4857:3, 4857:5,
4857:7, 4857:8, 4857:10, 4858:8
terrorists' [1] - 4857:12
test [1] - 4707:7
tested [2] - 4795:3, 4795:4
testified [58] - 4660:25, 4661:9,
4683:13, 4711:3, 4711:12, 4712:19,
4712:21, 4712:24, 4713:19, 4713:21,
4715:10, 4717:14, 4718:6, 4718:14,
4718:24, 4721:7, 4722:4, 4724:11,
4725:1, 4728:7, 4729:1, 4733:13,
4735:5, 4736:7, 4736:21, 4737:8,
4740:20, 4740:23, 4742:7, 4742:8,
4746:10, 4747:12, 4748:25, 4750:8,
4752:10, 4755:3, 4765:18, 4766:25,
4767:1, 4768:11, 4768:19, 4776:14,
4785:19, 4786:13, 4794:22, 4798:13,
4825:14, 4828:6, 4830:9, 4832:25,
4833:3, 4833:6, 4833:9, 4833:12,
4833:17, 4833:20, 4834:5, 4849:10
testifies [2] - 4729:3, 4745:7
testify [5] - 4660:17, 4665:8, 4749:20,
4764:19, 4791:24
testifying [1] - 4749:4
testimony [49] - 4647:13, 4655:3,
4656:5, 4680:19, 4712:15, 4727:1,
4729:9, 4731:5, 4733:13, 4745:22,
4748:5, 4748:6, 4748:8, 4752:4,
4752:25, 4762:24, 4762:25, 4763:1,
4763:2, 4763:3, 4763:6, 4763:23,
4767:10, 4767:11, 4776:8, 4777:24,
4784:14, 4794:18, 4795:9, 4798:11,
4799:8, 4812:19, 4822:17, 4824:17,
4825:24, 4830:9, 4832:12, 4832:20,
4832:24, 4833:5, 4833:8, 4841:16,
4841:20, 4849:10, 4853:23, 4855:14,
4858:17
thanking [1] - 4791:4
THE [104] - 4634:16, 4634:17, 4634:20,
4634:21, 4634:23, 4634:24, 4635:13,
4635:16, 4635:19, 4636:10, 4636:11,
4636:16, 4636:20, 4637:16, 4637:20,
4637:22, 4638:23, 4639:6, 4641:16,
4641:25, 4642:3, 4642:13, 4642:22,
4642:24, 4643:2, 4643:14, 4643:19,
4643:21, 4643:24, 4644:1, 4644:2,
4644:21, 4694:18, 4704:5, 4705:14,
4706:2, 4707:4, 4707:9, 4707:11,
4707:14, 4707:17, 4707:21, 4708:2,
4708:4, 4708:6, 4708:13, 4757:25,
4758:21, 4759:1, 4760:2, 4760:8,
4760:10, 4760:14, 4760:24, 4761:5,
4761:7, 4761:11, 4761:13, 4761:16,
4761:23, 4762:6, 4762:8, 4767:9,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4768:9, 4771:17, 4771:19, 4772:7,
4772:10, 4772:13, 4773:5, 4773:17,
4773:20, 4775:1, 4788:16, 4794:25,
4795:17, 4795:24, 4802:2, 4802:16,
4802:25, 4803:3, 4803:23, 4804:19,
4805:2, 4805:8, 4805:10, 4805:12,
4805:18, 4805:20, 4806:2, 4806:9,
4823:22, 4838:7, 4851:16, 4853:1,
4858:23, 4861:2, 4861:13, 4861:22,
4862:1, 4864:6, 4865:18, 4866:6,
4866:11
theft [1] - 4722:8
themselves [8] - 4654:11, 4681:22,
4689:6, 4791:21, 4802:3, 4818:4,
4848:25, 4865:5
theoretically [1] - 4728:17
theory [8] - 4638:4, 4638:12, 4862:11,
4862:23, 4865:17, 4865:18, 4865:24,
4866:8
therefore [1] - 4703:15
Theresa [1] - 4667:23
they've [3] - 4671:19, 4726:4, 4795:21
think's [1] - 4705:20
thinking [8] - 4636:6, 4672:18,
4672:19, 4686:6, 4705:25, 4738:12,
4741:20, 4801:14
thinks [11] - 4637:2, 4712:11, 4716:23,
4721:2, 4722:7, 4737:20, 4738:3,
4738:7, 4740:15, 4748:23, 4846:9
third [2] - 4737:3, 4840:14
thousands [1] - 4696:13
threat [1] - 4748:1
threatened [2] - 4673:10, 4747:13
threatens [2] - 4684:11, 4684:12
threats [1] - 4652:9
three [17] - 4637:3, 4639:9, 4660:8,
4669:20, 4709:12, 4714:19, 4758:4,
4758:19, 4759:2, 4819:21, 4822:4,
4832:21, 4833:24, 4834:15, 4836:3,
4840:6, 4856:16
Three [1] - 4699:6
throughout [7] - 4644:7, 4675:20,
4677:5, 4690:7, 4692:24, 4746:14,
4808:20
throw [3] - 4653:15, 4788:23, 4854:21
throwaway [1] - 4780:1
throwing [1] - 4728:9
ticket [47] - 4651:15, 4714:17,
4715:22, 4725:9, 4725:13, 4725:14,
4725:16, 4725:18, 4725:21, 4727:11,
4727:15, 4727:16, 4727:23, 4736:22,
4736:25, 4737:3, 4737:7, 4737:8,
4737:9, 4737:11, 4737:13, 4737:16,
4737:19, 4738:7, 4738:10, 4738:13,
4752:19, 4752:25, 4753:11, 4753:21,
4754:4, 4754:17, 4757:2, 4828:25,
4829:5, 4829:9, 4829:11, 4829:16,
4843:23, 4844:1, 4845:16, 4850:20,
4851:5, 4851:11, 4851:21, 4853:7
tickets [15] - 4727:10, 4728:3,

4728:24, 4733:9, 4733:14, 4733:17,


4733:23, 4754:18, 4756:24, 4829:1,
4829:3, 4829:19, 4830:4, 4851:3,
4851:9
ties [8] - 4667:4, 4667:19, 4668:4,
4668:15, 4689:1, 4818:11, 4839:23,
4839:24
tight [2] - 4811:21, 4813:4
timber [1] - 4678:13
time-to-time [1] - 4691:7
tiny [1] - 4769:20
tip [2] - 4710:18, 4850:15
tips [2] - 4682:12, 4801:16
titanium [1] - 4666:24
Tobago [2] - 4852:9, 4852:18
today [11] - 4637:8, 4638:18, 4762:10,
4771:8, 4803:25, 4804:1, 4804:5,
4849:23, 4859:4, 4859:25, 4861:19
together [8] - 4727:11, 4747:21,
4747:23, 4844:6, 4859:23, 4863:8,
4864:23, 4865:12
TOLKIN [1] - 4634:8
tomorrow [11] - 4637:9, 4771:8,
4772:4, 4802:5, 4804:1, 4858:25,
4859:2, 4859:18, 4859:22, 4860:8,
4866:11
ton [1] - 4763:1
tone [2] - 4652:14, 4679:7
TONI [1] - 4634:3
Toni [1] - 4635:11
Tony [1] - 4854:20
took [29] - 4650:11, 4652:1, 4652:17,
4657:19, 4662:20, 4662:21, 4663:3,
4669:6, 4669:25, 4674:8, 4674:12,
4678:21, 4684:8, 4687:15, 4700:21,
4700:22, 4702:3, 4714:20, 4716:8,
4723:8, 4755:21, 4786:24, 4791:17,
4801:4, 4812:3, 4829:18, 4835:3,
4849:1, 4857:19
tool [1] - 4858:10
tooth [1] - 4752:5
top [7] - 4688:24, 4710:11, 4746:13,
4751:20, 4853:16, 4853:22
total [1] - 4649:21
totally [2] - 4777:2, 4840:6
touch [5] - 4684:3, 4687:12, 4794:6,
4822:21, 4854:13
tow [1] - 4788:13
towards [2] - 4651:19, 4724:7
tower [9] - 4700:15, 4717:8, 4717:11,
4717:14, 4717:18, 4740:17, 4817:6,
4817:8, 4837:25
towers [1] - 4687:12
town [2] - 4653:1, 4672:20
toy [2] - 4855:23, 4856:3
track [4] - 4668:10, 4754:8, 4827:18,
4829:16
Trade [1] - 4697:24
trade [1] - 4691:14
traffic [6] - 4716:14, 4717:8, 4717:11,

39

4717:12, 4717:13, 4817:11


tragedies [1] - 4687:18
Train [4] - 4718:3, 4724:5, 4724:8,
4724:10
train [3] - 4635:22, 4690:12, 4816:6
trainer [1] - 4741:24
training [8] - 4668:17, 4690:13,
4690:14, 4742:11, 4742:12, 4801:17,
4820:16, 4855:7
transaction [1] - 4851:14
transcribed [1] - 4747:19
Transcript [1] - 4634:12
transcript [6] - 4659:13, 4721:12,
4780:7, 4793:16, 4801:3, 4809:4
Transcription [1] - 4634:12
transcripts [6] - 4721:6, 4761:3,
4767:15, 4768:1, 4769:15, 4778:19
transfer [2] - 4719:2, 4845:10
transit [1] - 4701:10
transportation [13] - 4661:23,
4695:24, 4696:5, 4701:5, 4701:7,
4701:8, 4701:11, 4701:23, 4702:9,
4702:11, 4702:16, 4703:13, 4834:22
trash [8] - 4713:15, 4726:8, 4741:14,
4743:9, 4756:25, 4808:7, 4808:13,
4809:2
travel [16] - 4681:7, 4725:7, 4726:4,
4727:17, 4727:18, 4727:19, 4727:23,
4728:2, 4728:5, 4728:6, 4752:16,
4754:9, 4754:15, 4831:24, 4836:1,
4839:6
traveled [5] - 4702:1, 4807:17,
4833:12, 4848:17, 4850:3
travelers [1] - 4857:6
traveling [3] - 4685:19, 4744:18,
4828:8
travelling [3] - 4646:17, 4655:13,
4681:24
treat [1] - 4857:7
treated [4] - 4649:13, 4715:22,
4745:12, 4745:13
treating [3] - 4723:16, 4734:4, 4736:18
treatment [8] - 4649:10, 4650:2,
4650:3, 4686:21, 4822:5, 4822:6,
4822:22, 4822:23
treats [1] - 4863:6
trial [17] - 4634:24, 4643:7, 4644:5,
4644:7, 4645:13, 4646:5, 4647:7,
4647:11, 4660:2, 4660:16, 4704:8,
4704:18, 4760:14, 4799:3, 4812:20,
4818:7, 4859:6
tribute [1] - 4684:12
tried [16] - 4659:19, 4659:20, 4660:17,
4664:1, 4664:19, 4692:19, 4692:25,
4695:5, 4730:6, 4730:14, 4739:21,
4789:25, 4793:21, 4812:4, 4818:9,
4818:19
tries [4] - 4652:18, 4718:13, 4732:4,
4740:4
Trinidad [75] - 4655:14, 4658:18,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


4668:5, 4671:12, 4680:16, 4680:23,
4681:7, 4681:14, 4681:16, 4681:22,
4682:11, 4683:15, 4683:24, 4684:11,
4684:22, 4685:19, 4685:22, 4686:9,
4713:5, 4713:6, 4713:7, 4714:16,
4715:3, 4726:3, 4727:10, 4728:7,
4733:1, 4733:11, 4733:15, 4733:18,
4733:24, 4734:3, 4736:22, 4737:2,
4737:25, 4738:10, 4738:14, 4739:10,
4742:21, 4744:8, 4777:21, 4778:7,
4779:8, 4779:16, 4780:6, 4781:2,
4781:15, 4784:8, 4784:9, 4789:5,
4789:14, 4794:20, 4797:17, 4800:9,
4800:10, 4810:6, 4811:8, 4811:24,
4818:16, 4818:23, 4819:1, 4829:1,
4829:3, 4833:21, 4836:1, 4836:3,
4843:4, 4846:18, 4849:25, 4850:20,
4852:9, 4852:18, 4854:3, 4856:16
Trinidadian [1] - 4776:15
trip [14] - 4710:21, 4711:23, 4733:18,
4733:25, 4734:2, 4734:3, 4780:5,
4780:6, 4781:15, 4810:6, 4829:18,
4850:8, 4851:9, 4853:9
trips [5] - 4657:25, 4669:7, 4702:3,
4809:8, 4828:5
trouble [4] - 4682:10, 4799:20,
4828:19, 4828:20
truck [3] - 4722:19, 4741:25, 4742:3
true [24] - 4658:12, 4660:10, 4683:16,
4684:16, 4698:10, 4698:13, 4701:25,
4717:7, 4719:13, 4729:15, 4746:18,
4764:8, 4799:8, 4800:4, 4821:21,
4822:9, 4832:6, 4837:8, 4839:11,
4855:2, 4855:3, 4856:8, 4856:9,
4856:23
trust [10] - 4663:25, 4664:10, 4664:15,
4682:22, 4744:23, 4747:2, 4748:11,
4752:8, 4847:19
trusted [2] - 4688:23, 4853:15
trustworthiness [2] - 4686:13, 4751:4
trustworthy [1] - 4751:10
truth [4] - 4665:4, 4695:3, 4766:19,
4835:18
try [23] - 4660:1, 4663:13, 4677:6,
4677:8, 4686:12, 4688:22, 4707:22,
4730:19, 4740:24, 4745:9, 4764:11,
4771:5, 4789:16, 4793:11, 4793:12,
4793:13, 4793:14, 4805:7, 4810:4,
4818:9, 4828:13, 4842:7, 4850:3
Try [1] - 4827:3
trying [36] - 4647:18, 4692:20, 4693:4,
4693:24, 4694:4, 4705:17, 4709:17,
4730:23, 4731:15, 4740:6, 4740:7,
4751:11, 4752:2, 4757:14, 4764:3,
4770:5, 4770:6, 4780:23, 4799:21,
4799:23, 4799:24, 4810:4, 4815:13,
4824:2, 4824:3, 4824:7, 4827:5,
4827:9, 4827:15, 4828:20, 4831:8,
4831:9, 4840:15, 4853:4, 4856:16,
4856:18

turn [9] - 4644:23, 4667:3, 4686:18,


4716:22, 4723:8, 4740:9, 4793:1,
4793:3, 4852:14
turns [4] - 4663:7, 4727:16, 4740:14,
4746:21
TV [2] - 4684:10, 4819:1
twenty [1] - 4709:12
twice [5] - 4783:21, 4784:20, 4794:22,
4838:4, 4839:8
twin [1] - 4687:12
two [38] - 4638:9, 4642:16, 4646:8,
4647:1, 4647:2, 4650:1, 4657:9,
4657:14, 4669:12, 4678:24, 4679:8,
4694:14, 4703:18, 4703:19, 4705:16,
4723:23, 4732:13, 4737:15, 4738:14,
4754:16, 4758:15, 4779:8, 4779:9,
4781:21, 4781:24, 4786:1, 4791:19,
4794:5, 4794:8, 4806:10, 4809:23,
4810:7, 4814:6, 4814:8, 4822:21,
4848:17
Two [2] - 4698:17
type [7] - 4666:7, 4684:15, 4687:5,
4743:4, 4796:22, 4796:23, 4836:16
types [1] - 4654:15
tyranny [1] - 4654:7

U
U.S [29] - 4633:4, 4633:19, 4648:10,
4650:10, 4661:10, 4663:9, 4672:14,
4688:10, 4690:18, 4700:22, 4700:23,
4701:1, 4709:3, 4744:11, 4746:22,
4746:23, 4760:12, 4821:19, 4822:4,
4822:8, 4823:5, 4833:4, 4833:13,
4852:8, 4858:4, 4858:5
ugly [17] - 4708:21, 4709:10, 4709:21,
4709:22, 4709:24, 4709:25, 4718:20,
4757:19, 4795:12, 4795:14, 4796:2,
4799:21, 4808:7, 4808:9
ultimately [2] - 4811:6, 4819:2
unable [1] - 4860:1
unanimously [1] - 4696:19
uncle [1] - 4769:7
undeniable [1] - 4650:1
under [23] - 4675:11, 4682:20,
4684:20, 4684:23, 4685:5, 4685:9,
4686:1, 4692:3, 4705:16, 4780:25,
4808:5, 4811:21, 4813:4, 4813:8,
4816:4, 4824:6, 4829:23, 4830:9,
4831:3, 4835:11, 4835:14, 4840:1,
4840:6
undercover [3] - 4733:10, 4733:22,
4737:3
underground [2] - 4697:13, 4815:23
underlying [1] - 4696:10
underneath [1] - 4685:3
understood [2] - 4685:14, 4803:12
undertake [2] - 4690:11, 4700:9
unequivocal [1] - 4845:23

unequivocally [1] - 4678:20


unfortunately [2] - 4643:3, 4644:3
unguarded [1] - 4671:23
unhappy [2] - 4745:11, 4745:12
uninterested [1] - 4768:3
unique [1] - 4718:16
UNITED [2] - 4633:1, 4633:3
united [1] - 4633:11
United [43] - 4633:15, 4634:25,
4645:9, 4649:13, 4650:3, 4651:20,
4661:4, 4663:13, 4664:12, 4667:21,
4668:2, 4669:3, 4673:17, 4693:25,
4697:21, 4698:10, 4700:25, 4710:20,
4711:1, 4712:9, 4712:13, 4714:6,
4731:13, 4731:25, 4744:25, 4745:4,
4745:8, 4746:2, 4746:8, 4747:8,
4812:23, 4813:3, 4819:8, 4821:18,
4821:24, 4822:6, 4822:23, 4823:9,
4834:25, 4858:1, 4858:9
unknown [1] - 4672:3
unlawful [3] - 4695:20, 4698:9,
4752:15
unless [6] - 4715:2, 4727:6, 4741:1,
4748:12, 4790:8, 4791:20
unluckiest [1] - 4663:6
unnecessary [1] - 4665:24
unraveled [1] - 4656:5
unrecorded [1] - 4768:4
up [173] - 4634:22, 4642:14, 4642:18,
4642:20, 4643:14, 4645:9, 4646:13,
4646:25, 4647:8, 4647:19, 4648:7,
4653:14, 4655:12, 4656:1, 4656:19,
4660:2, 4660:11, 4660:17, 4661:2,
4662:17, 4662:21, 4666:14, 4666:16,
4669:4, 4670:22, 4671:2, 4671:9,
4672:12, 4672:13, 4674:12, 4675:16,
4675:21, 4676:4, 4676:7, 4676:10,
4676:22, 4678:7, 4679:5, 4679:11,
4681:6, 4681:14, 4681:17, 4681:18,
4682:16, 4685:23, 4687:2, 4688:5,
4688:21, 4688:22, 4691:21, 4691:23,
4693:2, 4694:1, 4694:14, 4694:24,
4694:25, 4695:4, 4695:13, 4697:20,
4699:12, 4699:13, 4700:14, 4701:18,
4704:11, 4704:15, 4705:10, 4707:5,
4707:8, 4708:24, 4710:16, 4711:24,
4712:17, 4712:22, 4712:25, 4713:3,
4713:14, 4717:24, 4718:5, 4718:13,
4719:3, 4720:1, 4725:16, 4725:21,
4732:9, 4739:22, 4740:6, 4741:22,
4742:17, 4744:9, 4745:10, 4745:13,
4748:13, 4751:18, 4751:24, 4754:14,
4754:20, 4760:6, 4762:1, 4763:11,
4764:13, 4764:24, 4768:21, 4769:4,
4776:2, 4777:21, 4778:1, 4778:4,
4778:12, 4778:15, 4779:12, 4781:7,
4781:17, 4782:1, 4784:24, 4785:22,
4786:3, 4789:2, 4789:11, 4790:21,
4794:20, 4796:17, 4796:25, 4801:16,
4807:3, 4807:16, 4808:17, 4809:22,

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

40

U.S.A. v. DEFREITAS and KADIR


4811:2, 4813:19, 4813:24, 4814:5,
4815:1, 4819:24, 4820:24, 4821:5,
4821:14, 4824:2, 4824:11, 4827:20,
4828:22, 4829:5, 4831:16, 4832:3,
4833:18, 4834:24, 4836:4, 4836:8,
4836:17, 4840:13, 4840:23, 4841:12,
4841:23, 4842:2, 4842:8, 4842:9,
4842:15, 4843:22, 4845:19, 4846:6,
4850:3, 4854:16, 4855:25, 4857:1,
4858:25, 4859:4, 4860:9, 4863:20,
4863:21
upset [1] - 4673:5
urgency [1] - 4671:14
useless [1] - 4727:12
usual [1] - 4756:5
utterly [1] - 4840:7

V
Van [1] - 4724:7
varying [1] - 4748:20
Vatican [1] - 4792:6
vehicle [5] - 4701:5, 4701:8, 4702:11,
4702:16, 4718:13
vehicles [1] - 4701:10
Venezuela [6] - 4658:17, 4677:15,
4689:21, 4776:6, 4786:13, 4852:21
Venezuelan [2] - 4851:23, 4851:25
venture [1] - 4691:16
ventures [5] - 4648:14, 4691:12,
4756:13, 4823:2, 4823:3
verbatim [2] - 4783:3
verbiage [1] - 4749:17
verdict [3] - 4645:6, 4858:19, 4858:20
verify [2] - 4748:12, 4767:7
version [3] - 4676:9, 4676:11, 4677:7
versus [1] - 4634:25
vested [1] - 4796:12
vets [1] - 4686:11
viable [2] - 4691:16, 4853:7
victory [1] - 4848:21
video [63] - 4658:1, 4669:21, 4669:22,
4669:23, 4669:24, 4670:6, 4670:21,
4671:10, 4671:17, 4672:21, 4673:23,
4674:21, 4674:23, 4688:15, 4699:22,
4700:4, 4703:1, 4709:14, 4719:9,
4722:18, 4722:19, 4723:5, 4723:8,
4723:17, 4723:18, 4723:20, 4724:4,
4724:9, 4727:3, 4727:4, 4727:6,
4727:9, 4728:11, 4732:13, 4740:3,
4740:15, 4740:18, 4740:23, 4740:25,
4745:23, 4748:4, 4755:3, 4755:6,
4757:17, 4769:17, 4769:19, 4817:15,
4823:25, 4824:1, 4824:18, 4824:19,
4824:22, 4825:2, 4825:3, 4826:1,
4833:13, 4837:20, 4837:24, 4838:4,
4839:8, 4853:25, 4863:9
videos [5] - 4703:2, 4768:16, 4768:17,
4839:1

videotape [6] - 4722:17, 4722:25,


4724:14, 4724:16, 4724:21, 4831:24
videotapes [1] - 4721:4
view [2] - 4656:14, 4661:6
views [2] - 4654:15, 4670:22
violate [2] - 4646:21, 4657:9
violates [1] - 4657:11
violence [3] - 4668:10, 4684:12,
4789:6
violent [3] - 4649:8, 4691:18, 4841:4
visa [9] - 4746:9, 4746:23, 4850:17,
4851:18, 4851:23, 4852:1, 4852:20,
4852:22, 4853:7
visible [1] - 4718:2
visit [2] - 4815:22, 4829:2
visits [1] - 4685:12
vital [2] - 4648:4, 4687:8
voice [3] - 4648:21, 4653:5, 4653:6
voluntarily [1] - 4734:13
volunteers [1] - 4690:12
vouch [1] - 4664:8
vulnerable [2] - 4671:19, 4672:7

W
wagon [1] - 4693:14
Wahab [8] - 4673:14, 4676:2, 4676:6,
4676:10, 4676:25, 4794:6, 4794:8,
4839:6
Wahab's [1] - 4847:2
Wahib [7] - 4729:4, 4729:8, 4729:10,
4729:25, 4730:2, 4733:3, 4733:5
Wahid [1] - 4729:25
wait [10] - 4636:12, 4725:18, 4725:20,
4744:12, 4781:16, 4794:5, 4794:7,
4809:18, 4810:9, 4827:7
waited [6] - 4664:6, 4797:24, 4798:1,
4810:1
waive [2] - 4635:9, 4635:12
waiving [1] - 4636:4
walk [9] - 4651:6, 4672:20, 4681:24,
4682:2, 4682:3, 4769:18, 4769:19,
4769:20, 4775:17
wall [1] - 4768:22
walls [1] - 4841:11
wants [33] - 4650:9, 4651:10, 4682:12,
4682:25, 4689:11, 4715:18, 4719:25,
4722:9, 4724:25, 4728:16, 4728:17,
4732:9, 4734:18, 4736:23, 4737:4,
4737:24, 4737:25, 4742:25, 4743:4,
4744:8, 4744:9, 4744:10, 4744:11,
4748:17, 4756:15, 4757:2, 4771:10,
4775:24, 4778:14, 4780:17, 4799:11,
4810:19, 4848:5
war [3] - 4654:9, 4821:20, 4848:24
warnings [1] - 4863:16
warranted [1] - 4645:21
wary [2] - 4685:10, 4686:2
waste [3] - 4686:16, 4810:17, 4824:5

41

wasted [1] - 4857:15


wasting [1] - 4827:17
watch [3] - 4655:12, 4655:17, 4829:24
watched [2] - 4745:23, 4826:3
watches [1] - 4717:9
watching [4] - 4655:10, 4674:23,
4703:4, 4768:16
Water [1] - 4676:14
water [14] - 4670:13, 4670:17,
4720:22, 4720:23, 4740:5, 4740:7,
4740:10, 4742:23, 4756:13, 4823:15,
4824:5
ways [7] - 4677:24, 4744:20, 4752:15,
4765:25, 4796:18, 4798:17, 4798:18
wayward [1] - 4683:4
weak [2] - 4736:19, 4817:21
weak-minded [1] - 4736:19
wealth [1] - 4830:20
weapon [1] - 4795:4
weaponry [1] - 4855:9
weapons [3] - 4668:17, 4685:3,
4856:21
wear [4] - 4674:7, 4674:10, 4681:23,
4681:24
wearing [1] - 4735:25
week [7] - 4674:13, 4678:3, 4678:15,
4678:17, 4754:5, 4766:13, 4853:8
weekend [3] - 4638:24, 4644:3,
4705:22
weeks [8] - 4678:22, 4679:8, 4679:12,
4692:18, 4726:5, 4794:5, 4794:8
welcome [7] - 4644:2, 4708:7,
4761:16, 4805:20, 4857:5, 4857:8,
4857:10
well-known [4] - 4658:3, 4665:16,
4676:19, 4688:1
west [4] - 4792:3, 4798:17, 4798:18,
4798:20
West [3] - 4634:1, 4653:10, 4667:21
western [1] - 4819:9
Western [1] - 4653:15
whalen [3] - 4809:14, 4815:9, 4821:12
WHALEN [17] - 4633:22, 4705:20,
4707:6, 4707:13, 4707:24, 4708:3,
4708:11, 4708:20, 4722:18, 4723:1,
4727:1, 4741:9, 4760:5, 4861:12,
4862:7, 4863:19, 4867:5
Whalen [31] - 4635:7, 4705:18, 4707:4,
4708:17, 4708:18, 4708:19, 4757:25,
4764:2, 4765:1, 4789:17, 4795:7,
4808:4, 4808:25, 4810:7, 4810:23,
4811:6, 4813:5, 4813:22, 4814:4,
4815:16, 4817:7, 4819:23, 4820:11,
4822:7, 4822:18, 4822:21, 4831:5,
4834:20, 4834:24, 4862:12, 4862:25
whereabouts [1] - 4668:8
wherein [1] - 4864:25
whisperer [1] - 4692:12
whisperers [2] - 4693:3, 4840:5
who'd [2] - 4654:16, 4664:2

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

U.S.A. v. DEFREITAS and KADIR


whole [19] - 4645:18, 4650:9, 4651:6,
4656:7, 4688:7, 4689:1, 4700:18,
4722:13, 4731:18, 4744:14, 4748:3,
4766:9, 4771:12, 4777:8, 4792:17,
4792:22, 4821:5, 4840:10
whole-heartedly [1] - 4689:1
wholeheartedly [1] - 4821:17
wide [1] - 4823:8
widely [4] - 4812:22, 4812:24, 4819:7,
4819:12
wife [7] - 4712:8, 4747:5, 4770:12,
4796:4, 4796:7, 4834:14
wild [2] - 4807:3, 4807:11
willing [9] - 4648:2, 4665:11, 4665:12,
4673:17, 4684:4, 4690:13, 4725:20,
4745:9, 4802:20
Willis [2] - 4713:11, 4808:10
willy [1] - 4817:10
willy-nilly [1] - 4817:10
wind [1] - 4850:3
window [2] - 4757:12, 4808:10
WINGE [1] - 4633:18
winter [1] - 4812:18
wire [2] - 4674:8, 4674:10
wish [1] - 4704:10
withdraw [2] - 4865:25, 4866:4
withdrawing [1] - 4865:17
withdrawn [1] - 4866:9
witness [21] - 4651:3, 4653:18,
4655:20, 4659:15, 4662:10, 4674:14,
4678:21, 4683:22, 4684:25, 4691:7,
4695:7, 4710:7, 4710:8, 4717:11,
4747:2, 4802:25, 4803:3, 4815:19,
4834:2, 4835:16, 4856:10
WITNESS [1] - 4867:2
witnesses [4] - 4661:18, 4807:9,
4832:12, 4855:10
woman [2] - 4636:25, 4661:15
women [1] - 4661:14
wonder [1] - 4851:23
wonderful [1] - 4745:8
wondering [1] - 4767:12
word [12] - 4655:2, 4655:12, 4693:9,
4719:23, 4769:16, 4779:19, 4782:13,
4789:9, 4791:5, 4793:25, 4830:21,
4832:5
words [38] - 4647:23, 4649:9, 4649:22,
4650:21, 4651:19, 4651:20, 4652:9,
4652:20, 4653:18, 4654:1, 4655:17,
4660:15, 4683:17, 4689:15, 4771:10,
4771:11, 4771:14, 4781:11, 4800:7,
4806:17, 4806:20, 4806:21, 4808:5,
4808:18, 4809:17, 4810:13, 4810:25,
4831:23, 4839:24, 4842:10, 4846:21,
4848:8, 4848:10, 4848:11, 4848:12,
4848:15
wordy [1] - 4749:12
works [5] - 4655:8, 4754:19, 4793:6,
4822:10, 4822:14
world [22] - 4648:4, 4649:11, 4650:4,

4653:14, 4653:22, 4655:7, 4687:7,


4691:1, 4713:13, 4762:9, 4762:11,
4762:20, 4771:13, 4791:15, 4803:15,
4803:16, 4850:16, 4851:10, 4852:3,
4852:19, 4852:23
World [1] - 4697:24
worldly [1] - 4779:22
worldwide [5] - 4653:13, 4654:6,
4784:17, 4784:18, 4837:3
worried [5] - 4675:18, 4684:18,
4740:24, 4814:24, 4817:5
worry [1] - 4682:5
worst [1] - 4748:7
worth [2] - 4740:15, 4830:3
Wow [1] - 4730:13
wreck [1] - 4702:17
write [4] - 4701:19, 4788:3, 4791:3,
4799:2
writing [3] - 4654:4, 4749:9, 4808:8
wrote [6] - 4692:4, 4692:11, 4754:20,
4763:21, 4768:12, 4768:15
Wyck [1] - 4724:7

42

Yorkers [1] - 4650:6


young [1] - 4719:22
yourself [8] - 4655:24, 4683:21,
4703:11, 4719:15, 4723:10, 4793:5,
4799:20, 4834:9
yourselves [5] - 4705:2, 4758:8,
4804:8, 4859:12, 4860:7

Y
Yahud [4] - 4654:9, 4654:11, 4654:12
yahud [2] - 4848:24, 4849:1
yards [1] - 4671:24
Yasin [3] - 4658:4, 4668:8, 4682:8
year [13] - 4696:14, 4719:8, 4744:23,
4745:20, 4750:19, 4756:2, 4756:7,
4769:5, 4807:20, 4830:1, 4850:13,
4852:4, 4858:5
yearly [1] - 4784:20
years [36] - 4648:11, 4648:16,
4648:17, 4648:25, 4653:9, 4654:13,
4655:9, 4660:8, 4672:10, 4683:24,
4709:12, 4717:15, 4719:17, 4723:24,
4750:8, 4755:15, 4764:20, 4770:7,
4788:2, 4789:1, 4789:4, 4795:10,
4796:4, 4801:6, 4810:4, 4815:12,
4832:22, 4833:24, 4834:15, 4836:3,
4840:6, 4850:11, 4852:4, 4853:13,
4856:16
yell [1] - 4652:4
yellow [1] - 4699:16
yesterday [5] - 4638:20, 4638:25,
4639:1, 4640:22, 4861:18
Yiddish [1] - 4719:4
yoke [1] - 4653:15
YORK [1] - 4633:1
York [30] - 4633:5, 4633:16, 4633:23,
4633:24, 4634:2, 4634:5, 4634:9,
4646:11, 4680:14, 4710:15, 4714:3,
4714:5, 4714:12, 4714:15, 4714:18,
4714:21, 4715:5, 4715:12, 4715:19,
4715:25, 4716:9, 4725:2, 4725:10,
4725:12, 4733:18, 4747:17, 4756:24,
4828:4

RONALD E. TOLKIN, RMR, CRR


OFFICIAL COURT REPORTER

Z
ZAINAB [1] - 4633:18
Zainab [1] - 4635:3
zero [1] - 4855:20
zoom [2] - 4851:1, 4856:5