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X UNITED STATES of AMERICA, -Against Case 1:10-cr-00019-RJD Document 428-2 Filed 03/16/15 Page 1 of 223 PageID #: 4367 517 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, : Thursday, February 19, 2015 : 9:30 a.m. Defendant. : : : : - - - - - - - - - - - - - - -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 A. COHEN, ESQ., ESQ. MICHAEL P. 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 Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-2 Filed 03/16/15 Page 2 of 223 PageID #: 4368 518 A L S O P R E S E N T: 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 428-2 Filed 03/16/15 Page 3 of 223 PageID #: 4369 Colloquy 519 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, 13 and 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 (Defendant enters the courtroom.) 19 THE COURT: All right. Before we get underway, a 20 couple of preliminaries in the next four minutes. 21 A slight schedule change. For reasons unrelated to 22 this case, I'm going to sit tomorrow and what we 23 euphemistically refer to as a "half day." Meaning, we will 24 work until 2:00 o'clock without lunch and then break for the 25 day. All right? I have another matter that I simply have to Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-2 Filed 03/16/15 Page 4 of 223 PageID #: 4370 Colloquy 520 1 attend to here in court. And so, I'm sorry to do that but 2 we'll make good progress. We'll take an extra short break but 3 we'll sit and conclude for the week at 2:00 p.m. tomorrow 4 afternoon. 5 I have objections, rulings on objections to the 6 depositions that were taken, which you should have later 7 today. And that's all I've got to say for the moment. 8 Who is on the stand now? 9 MS. AHMAD: Your Honor, we were actually going to 10 recall Detective Constable Murphy. The Government had one 11 more exhibit to show him and the defendant, I understand, 12 would like to cross-examine him about one of the documents we 13 gave yesterday. 14 MR. NEUMAN: Actually, your Honor, just to clarify. 15 There's a document Mr. Naseer realized overnight 16 that he believes that is this detective was the author of, I 17 don't think it came out in discussion. But if he attempts to 18 offer it into evidence through this witness. 19 THE COURT: Well, he's going to be on the stand so 20 he can attempt to do that. 21 MR. NEUMAN: And, Judge, one other small matter. 22 I think that we need your permission for Mr. Naseer 23 to take trial transcripts back to the MDC with him which he 24 needs to do for obvious purposes. 25 THE COURT: He has my permission. Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-2 Filed 03/16/15 Page 5 of 223 PageID #: 4371 Colloquy 521 1 MR. NASEER: Okay. Thank you. 2 THE COURT: You need anything beyond that? Do you 3 need anything beyond my simply saying he has my permission. 4 MR. NEUMAN: I think that's enough. 5 THE COURT: Okay. Very good. 6 MS. AHMAD: Your Honor, two other quick things. 7 Firstly, we were wondering if you were like to 8 schedule oral argument on the Government's motion to admit the 9 Bin-Laden documents. 10 THE COURT: I'd love to do that tomorrow afternoon. 11 I think we can probably. 12 What time does the hearing start? 13 COURTROOM DEPUTY: 2:30. 14 THE COURT: I think we can do that at 2:00 o'clock 15 tomorrow. 16 Okay. 17 MS. AHMAD: And the second thing is if we receive 18 your Honor's rulings. 19 THE COURT: I want to make sure everyone is focused. 20 At 2:00 tomorrow, after we break with the jury, we'll hear 21 brief argument on the Government's proffer of the so-called 22 Bin-Laden documents, okay? 23 All right. Go ahead. 24 MS. AHMAD: And then the final thing is if we 25 receive your Honor's rulings on the objections regarding the Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-2 Filed 03/16/15 Page 6 of 223 PageID #: 4372 Colloquy 522 1 deposition of Officer 1603 by lunchtime today, we do intend to 2 play that deposition this afternoon. 3 THE COURT: Oh, I didn't realize we were that far 4 along. Okay. You'll receive them by lunchtime today. 5 MS. AHMAD: Okay. Thank you, Judge. 6 THE COURT: Okay. So we're going to begin with 7 Mr. Murphy. 8 MS. AHMAD: Yes. 9 THE COURT: All right of the where is Mr. Murphy. 10 (Witness takes the witness stand.) 11 STEPHEN G. MURPHY, 12 called as a witness, having been previously duly 13 sworn, was examined and testified as follows: 14 15 THE COURT: Mr. Murphy, come on up. 16 COURTROOM DEPUTY: Jury is ready. 17 THE COURT: Bring them in. 18 (A brief pause in the proceedings was held.) 19 (Jury enters courtroom at 9:32 a.m.) 20 THE COURT: Good morning. Please be seated. All 21 right. Before we resume, Mr. Murphy have a seat. 22 Before we resume the testimony of Constable Murphy, 23 briefly, I promise you that I would keep you up to speed, up 24 to date on any changes in the schedule, I have one. 25 Tomorrow afternoon we will conclude the day's work Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-2 Filed 03/16/15 Page 7 of 223 PageID #: 4373 S.G. Murphy - Direct/Ms. Ahmad 523 1 at 2:00 o'clock. We will work through lunch, what we call 2 around here "a half day." 3 So we'll take two short breaks throughout the 4 morning, conclude our work at 2:00 o'clock and send you on 5 your way for the weekend. I take it there's no vehement 6 objection to that. Okay. With that out of the way, we'll 7 turn back to the Government and Mr. Murphy. 8 Please proceed. 9 MS. AHMAD: Thank you, your Honor. 10 DIRECT EXAMINATION 11 BY MS. AHMAD: 12 (Continuing.) 13 Q Good morning, Constable Murphy. 14 A Good morning. 15 Q I would like to ask you just a couple of additional 16 questions about the search you conducted in April 2009. 17 Can you remind us which of the bedrooms at 36 18 Galsworthy Avenue you found documents related to the defendant 19 Abid Naseer? 20 A That was room nine, which was the first floor, front 21 bedroom. 22 Q Room nine, first floor, front bedroom? 23 A That's correct, yes. 24 Q And did you search any suitcases that were located in 25 there that we saw depicted in the defendant's exhibits? Anthony D. Frisolone, FAPR, RDR, CRR, CRI, CSR Official Court Reporter Case 1:10-cr-00019-RJD Document 428-2 Filed 03/16/15 Page 8 of 223 PageID #: 4374 S.G. Murphy - Direct/Ms. Ahmad 524 1 A I did, yeah, there were a number of suitcases in that 2 bedroom. 3 Q I'd like to show just the witness, your Honor, what has 4 been marked as Government Exhibit 1002? 5 THE COURT: 1002? 6 MS. AHMAD: Yes. 7 THE COURT: All right. 8 COURTROOM DEPUTY: Is that being shown? 9 MS. AHMAD: Shown by the computer. 10 COURTROOM DEPUTY: By the computer, okay. Thank 11 you.
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