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X UNITED STATES of AMERICA, -Against Case 1:10-cr-00019-RJD Document 428-1 Filed 03/16/15 Page 1 of 274 PageID #: 4093 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - -X UNITED STATES OF AMERICA, : 10-CR-0019(RJD) : : -against- : United States Courthouse : Brooklyn, New York : ABID NASEER, : : Tuesday, February 17, 2015 Defendant. : 9:30 a.m. : : - - - - - - - - - - - - - - -X TRANSCRIPT OF CRIMINAL CAUSE FOR JURY TRIAL BEFORE THE HONORABLE RAYMOND J. DEARIE UNITED STATES SENIOR DISTRICT JUDGE, AND A JURY. A P P E A R A N C E S: For the Government: LORETTA E. LYNCH, ESQ. United States Attorney Eastern District of New York 271 Cadman Plaza East Brooklyn, New York 11201 BY: ZAINAB AHMAD, ESQ. CELIA COHEN, ESQ., ESQ. MICHAEL CANTY, ESQ. Assistant United States Attorneys For the Defendant: ABID NASEER Defendant Pro Se JAMES E. NEUMAN, ESQ. Legal Advisor for Abid Naseer 100 Lafayette Street Suite 501 New York, New York 10013 BY: JAMES E. NEUMAN, ESQ. Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-1 Filed 03/16/15 Page 2 of 274 PageID #: 4094 2 A L S O A P P E A R I N G S.A. David Williams Wayne Colon, Paralegal, U.S. Attorney's Office Samantha Cabral, Defense Paralegal Court Reporter: Anthony D. Frisolone, FAPR, RDR, CRR, CRI Official Court Reporter Telephone: (718) 613-2487 Facsimile: (718) 613-2694 E-mail: [email protected] Proceedings recorded by computerized stenography. Transcript produced by Computer-aided Transcription. Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-1 Filed 03/16/15 Page 3 of 274 PageID #: 4095 Colloquy 3 1 (In open court.) 2 COURTROOM DEPUTY: All rise. The United States 3 District Court for the Eastern District of New York is now in 4 session. The Honorable Raymond J. Dearie is now presiding. 5 (Honorable Raymond J. Dearie takes the bench.) 6 COURTROOM DEPUTY: Calling criminal cause for jury 7 trial in Docket No. 10-CR-0019, United States of America 8 against Abid Naseer. 9 Counsel, please note your appearances for the 10 record. 11 MS. AHMAD: For the United States of America, 12 Assistant United States Attorney Zainab Ahmad Celia Cohen, and 13 Michael Canty. 14 Good morning, your Honor. 15 MR. NASEER: James E. Neuman legal advisor for Abid 16 Naseer. 17 Good morning, your Honor. 18 THE COURT: Good morning. Please be seated. 19 (Defendant enters the courtroom at 9:46 a.m.) 20 THE COURT: I thought I'd come out and see if there 21 are any preliminary matters. I believe everyone's here with 22 the jurors, so we should be ready to go at the appointed hour. 23 Anything anybody wants to take up before we begin? 24 MS. AHMAD: Your Honor, the only thing we wanted to 25 take up was the subject of our motion filed on Sunday, the Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-1 Filed 03/16/15 Page 4 of 274 PageID #: 4096 Colloquy 4 1 15th. 2 We intend to describe in the opening statement the 3 document that we're seeking to admit. We do not intend to 4 make any description of the events that led to its retrieval 5 and we wanted to understand from your Honor if you felt that 6 the document would be admitted and, therefore, that we could 7 make that representation. 8 THE COURT: Well, I'm not going to make a final 9 ruling because Mr. Naseer has not had an opportunity to reply 10 or respond. But I will permit to you make those references in 11 your opening statement you proceed at your peril, of course. 12 MS. AHMAD: Thank you, Judge. 13 THE COURT: Anything, Mr. Naseer. 14 MR. NASEER: Yes, sir. I have not received the 15 documents, actually in form of disks. 16 THE COURT: Which document is that, sir? 17 MR. NASEER: That is the Bates number one, sorry, 18 February the -- February the 13th, 2015, Page 1257. 19 MS. AHMAD: We sent Mr. Naseer a disk of those 20 documents but I have paper copies that I can give him right 21 now. 22 THE COURT: Please. They're not being offered at 23 the moment, Mr. Naseer. You'll have an opportunity 24 to -- assuming there's an objection, I don't know if there is 25 going to be an objection. Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-1 Filed 03/16/15 Page 5 of 274 PageID #: 4097 Colloquy 5 1 MR. NASEER: There is there will be an objection. 2 THE COURT: I'm sorry. 3 MR. NASEER: There is going to be an objection. 4 THE COURT: Well, even before reading that you know 5 that huh? Okay. Fair enough. 6 We will give you an opportunity to voice your 7 objection when the Government offers those documents. 8 MR. NASEER: Okay. 9 THE COURT: Anything else? 10 MR. NASEER: Sir, yesterday, Mr. Neuman booked a 11 legal visit to visit with me at MDC and I wasn't allowed to 12 see Mr. Neuman and I was having a problem leaving the unit at 13 MDC. The staff member at MDC would not allow me to go 14 downstairs to see Mr. Neuman and I documented the issue and I 15 addressed it to the department concerned and I received a 16 reply. We did not resolve the issue. 17 THE COURT: What is the issue? 18 MR. NASEER: Sir, does the Court mind if I produce 19 the documents? 20 THE COURT: Do you have a copy for the Government? 21 If not, we'll take it. 22 (A brief pause in the proceedings was held.) 23 MR. NEUMAN: He does not have copies. 24 THE COURT: We'll make copies. 25 (A brief pause in the proceedings was held.) Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-1 Filed 03/16/15 Page 6 of 274 PageID #: 4098 Colloquy 6 1 THE COURT: So I just skimmed through it very 2 quickly. So the problem is before you can leave the unit you 3 have to undergo a pat down. 4 MR. NASEER: That's correct, sir. 5 THE COURT: By female officers? 6 MR. NASEER: Well, the general procedure is that 7 every inmate has to go through a pat down, sir. And I 8 requested for religious reasons that a male officer could be 9 provided and they do accommodate that on all occasions. But 10 the officer mentioned in the request has a specific issue with 11 the patting down Muslim inmates. She will not allow me to 12 leave the unit unless I get patted down by her. 13 THE COURT: I understand your concern, the 14 frustration, I hope you understand mine. Can you deal with 15 this, please? 16 MS. AHMAD: Yes, your Honor. 17 This is the first we've heard of it but we'll call 18 the MDC at the lunch break. 19 THE COURT: We're going to resolve that issue for 20 you, Mr. Naseer. If it persists you let me know. 21 MR. NASEER: Appreciate it, sir. 22 THE COURT: Anything else? 23 MR. NASEER: Nothing, Judge. 24 THE COURT: How long do you expect to be in your 25 opening? Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-1 Filed 03/16/15 Page 7 of 274 PageID #: 4099 Colloquy 7 1 MS. COHEN: About 20 minutes your Honor. 2 THE COURT: Mr. Naseer, how long do you expect to be 3 in your opening? 4 MR. NASEER: Ten minutes, sir. 5 THE COURT: Stand at ease. See you in ten minutes. 6 (A recess in the proceedings was taken.) 7 THE COURT: Good morning, everyone. Please be 8 seated. 9 I understand there are some that cannot access the 10 courtroom. I'm told the staff is working on some sort of an 11 overflow facility which may take a few minutes to get 12 operational. Otherwise, we're ready to proceed. 13 As is the routine, as soon as the jury enters, I'm 14 going to ask the parties whether the jury is satisfactory. 15 That's a routine question we put to everyone before the jury 16 is sworn. 17 COURTROOM DEPUTY: Judge Dearie, we're all set. 18 THE COURT: Bring them in. 19 (A brief pause in the proceedings was held.) 20 THE COURT: All rise. 21 (Jury enters courtroom at 10:04 a.m.) 22 THE COURT: Good morning, everybody. If the jury 23 with remain standing. Everyone else please be seated. 24 Is the jury satisfactory to the Government? 25 MS. AHMAD: It is, your Honor. Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-1 Filed 03/16/15 Page 8 of 274 PageID #: 4100 Preliminary Instructions 8 1 THE COURT: And to the defense? 2 MR. NASEER: Yes, sir. 3 THE COURT: Swear the jury, please. 4 COURTROOM DEPUTY: Please raise your right hand. 5 (Jury panel sworn by the courtroom deputy.) 6 THE JURY: (Collectively) Yes. 7 COURTROOM DEPUTY: Thank you.
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