1 DEBBIE GALE, US COURT REPORTER 8:15-CR-0060-DOC

1

DEBBIE GALE, U.S. COURT REPORTER

8:15-CR-0060-DOC - 6/15/2016 - Day 7, Volume I

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

HONORABLE DAVID O. CARTER, JUDGE PRESIDING

- - - - - - -

UNITED STATES OF AMERICA, ) ) CERTIFIED

Plaintiff, ) )

vs. ) No. 8:15-CR-0060-DOC ) Day 7, Volume I

1) NADER SALEM ELHUZAYEL; )2) MUHANAD ELFATIH M.A. BADAWI, ) ) Defendants. )___________________________________)

REPORTER'S TRANSCRIPT OF PROCEEDINGS

Jury Trial

Santa Ana, California

Wednesday, June 15, 2016

Debbie Gale, CSR 9472, RPR, CCRR Federal Official Court Reporter United States District Court 411 West 4th Street, Room 1-053 Santa Ana, California 92701 (714) 558-8141

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Case 8:15-cr-00060-DOC Document 297 Filed 03/31/17 Page 1 of 81 Page ID #:4930

2



APPEARANCES OF COUNSEL:

FOR THE UNITED STATES OF AMERICA:

DEPARTMENT OF JUSTICE OFFICE OF THE UNITED STATES ATTORNEY Criminal Division BY: Judith A. Heinz

Assistant United States Attorney 312 North Spring Street 15th Floor Los Angeles, California 90012 213-894-7280 [email protected]

DEPARTMENT OF JUSTICE OFFICE OF THE UNITED STATES ATTORNEY Criminal Division BY: Deirdre Z. Eliot

Assistant United States Attorney 411 West 4th Street Suite 8000 Santa Ana, California 92701 714-338-3500 [email protected]

DEPARTMENT OF JUSTICE OFFICE OF THE UNITED STATES ATTORNEY General Crimes Section BY: Julius J. Nam

Assistant United States Attorney 312 North Spring Street Suite 1200 Los Angeles, California 90012 213-894-4491 [email protected]

FOR DEFENDANT NADER SALEM ELHUZAYEL:

Pal A. Lengyel-Leahu (retained) LAW OFFICES OF PAL A. LENGYEL-LEAHU 360 East First Street Suite 609 Tustin, California 92780 714-497-6813 [email protected]

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


3



FOR DEFENDANT MUHANAD ELFATIH M.A. BADAWI:

Katherine T. Corrigan (CJA appointment) CORRIGAN WELBOURN AND STOKKE APLC 4100 Newport Place Suite 550 Newport Beach, California 92660 949-251-0330 [email protected]

ALSO PRESENT:

Cambria Lisonbee (assisting Ms. Corrigan) Joshua Hopps (assisting Mr. Lengyel-Leahu)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


4



I N D E X

Jury Trial - Day 7, Volume I

PROCEEDINGS PAGE

8Discussion with Alternate Juror

10Discussion re exhibits

11Discussion re Defendant Badawi's health

18NGO, THUAN

19Audio recording played; transcript displayed - Exhibit No. 803.3

19Audio recording played; transcript displayed - Exhibit No. 804





24Audio recording played; transcript displayed - Exhibit No. 840

32Stipulation between Ms. Heinz and Mr. Lengyel-Leahu

34Stipulation between Ms. Heinz and Ms. Corrigan

36GATES, David

38Video recording played, Exhibit No. 1005

41GHETIAN, Jason

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


5



PROCEEDINGS PAGE

47Video recording played, transcript displayed - Exhibit Nos. 1016 and 1016-A

49Video recording played, transcript displayed, Exhibit Nos. 1020 and 1020-A

WITNESSES

WITNESSES DIRECT CROSS REDIRECT RECROSS

NGO, Thuan By Ms. Heinz (resumed) 18 By Mr. Lengyel-Leahu 25 GATES, David By Ms. Eliot 36 By Mr. Lengyel-Leahu 40 GHETIAN, Jason By Ms. Heinz 42 68 By Mr. Lengyel-Leahu 50 71 By Ms. Corrigan 77

EXHIBITS

EXHIBIT NO./DESCRIPTION IDENTIFICATION IN EVIDENCE

604 39Defendant Elhuzayel's passport

605 44U.S. Passport for Nader

Salem Elhuzayel 610 44iPhone 6 in Defendant

Elhuzayel's possession 623 45Photo of U.S. currency

found in the possession of Defendant Elhuzayel

624 45Photo of credit cards

and driver's license found in Defendant Elhuzayel's wallet

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


6



EXHIBITS

EXHIBIT NO./DESCRIPTION IDENTIFICATION IN EVIDENCE

1016 47Video excerpt of

interview of Defendant Elhuzayel

1016-A 47Transcript of Exhibit

1016 1020 49Excerpt of interview of

Defendant Elhuzayel 1020-A 49Transcript of Exhibit

1020

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25


7



SANTA ANA, CALIFORNIA, WEDNESDAY, JUNE 15, 2016

Day 7, Volume I

(8:02 a.m.)

(Outside the presence of the jury.)

THE COURT: All right. Then we're on the record

in the matter of Mr. Elhuzayel and Mr. Badawi.

Let the record reflect all counsel are present, all

parties are present, both defendants are present.

We received a call this morning about 7:15 a.m.

from Juror No. 3, Jesus Ambriz, who has two flat tires and

is on the freeway waiting a response. He's not here yet,

and we haven't gotten a call back.

So Deb is going to inform the jury of that in just

a moment, while we take another matter, which is the juror

that we spoke about, who's the alternate, Scott Kirby.

Would this be the appropriate time to ask Mr. Kirby

to join us?

MS. CORRIGAN: Yes, Your Honor.

THE COURT: I would suggest that we have Mr. Kirby

describe what occurred in his own words. I don't want to

put that juror on the spot, as if they've done something

inappropriate, if they're responding or innocently saying

something to opposing counsel.

So why don't we -- because, then, if there is an

issue for cause, we'll excuse him. If there's not, I just

1

2

3

407:57

508:02

6

708:02

8

908:02

10

11

12

1308:03

14

15

1608:03

17

1808:03

1908:03

20

21

22

23

2408:03

25


8



don't want that juror then in what I call the "poisoned

well" thinking badly of either counsel.

So if you'd ask Mr. Scott Kirby to join us for just

a moment.

(Alternate juror escorted into the courtroom.)

DISCUSSION WITH ALTERNATE JUROR

THE COURT: Mr. Kirby, if you would have a seat

for just a moment. Any location's fine, sir.

Yesterday, it came to our attention that there

might have been a conversation or a brief conversation with

one of the counsel. And we just wanted to see what

occurred, if anything, during that conversation.

Did you have a brief conversation with either

counsel for the government or counsel for the defense?

ALTERNATE JUROR KIRBY: I believe I asked the

origin of Mr. Lengyel-Leahu. I think I asked him where his

name originated from.

THE COURT: And what was the response?

ALTERNATE JUROR KIRBY: Transylvania.

THE COURT: Did you then say anything in return?

ALTERNATE JUROR KIRBY: No.

THE COURT: Did he say anything further to you?

ALTERNATE JUROR KIRBY: I don't believe so. No.

THE COURT: Okay. The reason I'm asking is I

don't want there to be any conversation. They're invisible

1

2

308:03

4

508:04

608:04

708:05

8

908:05

10

11

12

1308:05

14

1508:06

16

17

1808:06

1908:06

2008:06

2108:06

2208:06

2308:06

2408:06

25


9



to people and, as such -- if you had a chance to discuss

anything with the government counsel or either defense

counsel, I think you'd like these people immensely. They're

very nice people. But it gives the impression to the other

side who's not present or to Court -- we don't know what's

being said. And I have to create a record of that, which is

why you're here.

ALTERNATE JUROR KIRBY: Gotcha.

THE COURT: Do you feel that this would cause any

bias or prejudice, sympathy or favoritism towards or against

any of the -- or biases against either of the parties?

ALTERNATE JUROR KIRBY: No.

THE COURT: Would you remain fair, then?

ALTERNATE JUROR KIRBY: Yes.

THE COURT: Okay.

Now, Counsel, do you have any questions on behalf

of any counsel?

MS. HEINZ: No, Your Honor.

MS. CORRIGAN: No, Your Honor.

MR. LENGYEL-LEAHU: No. Thank you, Your Honor.

THE COURT: All right.

Sir, if you'd return to the jury room. Please

don't discuss with any of the jurors what we've asked you.

We appreciate your answers. Thank you, sir.

ALTERNATE JUROR KIRBY: Not a problem.08:07

1

2

3

4

5

6

7

808:06

908:06

10

11

1208:07

1308:07

1408:07

1508:07

1608:07

17

1808:07

1908:07

2008:07

2108:07

2208:07

23

24

25


10



THE COURT: Now, Counsel, is there a motion for

cause?

MS. HEINZ: Not from the government.


MR. LENGYEL-LEAHU: No, Your Honor.

THE COURT: Well, then he'll remain.

We're simply now waiting for that one juror with

the two flat tires. And I don't know who's responding, if

it's a family member, Triple A. We didn't get notice of

where he was.

THE CLERK: Triple A.

THE COURT: Triple A?

THE CLERK: Yeah.

THE COURT: They're pretty quick.

DISCUSSION RE EXHIBITS

MS. CORRIGAN: Your Honor, there's -- couple

other -- two little matters that I think can be handled.

THE COURT: Okay.

MS. CORRIGAN: And they're -- one of 'em is, um,

yesterday, on one of the calls that was played, I just wanna

alert the Court that as to 803.2A the government is just

gonna make a minor revision to it to indicate that my

client's not one of the participants. So there will be a

clean Exhibit 803.2A put into the record.

THE COURT: Oh, I thought you were referring to08:08

108:07

2

308:07

408:07

508:07

608:07

708:07

8

9

10

1108:07

1208:07

1308:07

1408:07

1508:07

1608:07

17

1808:07

1908:07

20

21

22

23

24

25


11



the Evidence Code section for a moment, Counsel.

MS. CORRIGAN: No.

THE COURT: I'm just joking with you.

MS. CORRIGAN: That's just -- more just

housekeeping than anything.

THE COURT: Okay.

MS. CORRIGAN: And that was one'a the calls that

was played.

DISCUSSION RE DEFENDANT BADAWI'S HEALTH

MS. CORRIGAN: The other issue's, uh, I have

spoken briefly to my client and this, uh -- this can be in

front of everybody and -- about the taking of his vitals

twice a day. I'd also spoke with Marcelino Hazelwood, who's

in the courtroom. He would -- he's with the Marshals

Office, and he's conferred with Santa Ana Jail.

As the Court can probably -- has probably observed,

my client appears to be in good shape. He's been talking

with me during the court proceedings. He's been, you know,

alert, and he seems to be maintaining his weight.

The other thing is, is based on his mother's

request he had -- and, uh, Mr. Hazelwood did confirm for

me -- that he has been eating throughout the day and, uh,

passed on fasting due to, obviously, him needing to maintain

his energy. So I just wanted to let the Court know that he

is -- I am informed that he is eating through the day, and

1

208:08

308:08

408:08

5

608:08

708:08

8

908:08

1008:08

11

12

13

14

15

1608:08

17

18

19

2008:09

21

22

23

24

25


12



that there haven't been any issues on that. And I've

noticed that there've been Boosts.

So what I'm gonna ask, if the Court would permit a

modification to perhaps ratcheting down the daily vitals to

taking the vitals once a day. They prick his finger every

day for the sugars. And, um, so to -- my understanding is

there isn't any problem in Santa Ana Jail, uh, my

understanding is -- would not -- would not have any issue

with the Court modifying that, or just going on to regular

schedules of whatever they would normally do for taking

vitals. I think that -- or, I think --

THE COURT: If he's eating and maintains his

strength, then -- and I'll make the record that he does

appear in very good health conditions (verbatim) at the

present time. It's also been relayed to me that he

fluctuates between 130 and 132 pounds. I have no desire to

have an excessive amount of vitals taken. It was only

necessary if he was he dissipating in strength and health.

I'm going to order that that be reduced to once a

day.

(To U.S. Marshal:) And can that be handled

informally, Marcelino, with a call over? Or do you need an

order?

U.S. MARSHAL: No, Your Honor. This will suffice

I'll just call over.

1

2

308:09

4

5

6

7

8

9

10

11

1208:10

13

14

15

16

17

18

1908:10

20

2108:10

22

23

2408:10

25


13




Then, Ms. Corrigan, once a day.

MS. CORRIGAN: Great. Thank you.

THE COURT: Now, is there anything further that

you'd like to raise at this time?


THE COURT: Mr. Lengyel-Leahu, anything further?


THE COURT: Counsel for the government?


THE COURT: We have information about the missing

juror?

THE CLERK: He is currently with Triple A and

being moved off the highway. He's going to try and Uber it

here and hopefully will be here within half an hour.

MS. CORRIGAN: That's easy.

THE COURT: Counsel, would you like me to send the

Marshal to get him?


THE COURT: You think I'm joking. I'm not joking.

MS. HEINZ: No, I'm not. Although he might

appreciate it, but --

THE COURT: I'm just wondering if we couldn't get

him through traffic. And Marcelino would be happy to go get

him.

108:10

208:10

308:10

408:10

5

608:10

708:10

808:10

908:10

1008:11

1108:11

12

1308:11

14

15

1608:11

1708:11

18

1908:11

2008:11

2108:11

22

2308:11

24

25


14



(To U.S. Marshal:) He's over on the 57 Freeway in

traffic, Marcelino. I'm just joking. You're not going out

there. But, uh, we could. And we could get him here very

quickly, if you'd like. It's just a lotta drama doing that,

frankly. But he would make it through traffic.

MS. CORRIGAN: I think that -- that, uh, he'll

probably make it quicker, rather than them going all the way

to get 'em.

Plus, also, we have potential communication, then,

with a government agent.

THE COURT: I -- I'm just joking with all of you.

We're not gonna get him with the Marshal car. But I do want

the Court, Deb, to get that receipt from Uber, and I want

that paid for by the court.

THE CLERK: Okay.

THE COURT: Okay? All right.

Well, Counsel, why don't you just visit with each

other, and we'll be back as soon as the marshal -- or as

soon as the gentleman gets here.

But how long ago did you get the information that

he --

THE CLERK: I just talked to him.

THE COURT: Just talked to him.

THE CLERK: Just talked to him.

THE COURT: You know, my guess is by the time Uber08:12

108:11

2

3

4

5

608:11

7

8

908:11

10

1108:11

12

13

14

1508:12

1608:12

1708:12

18

19

2008:12

21

2208:12

2308:12

2408:12

25


15



responds and gets him to court --

From what location?

THE CLERK: He said he's close by. 15 minutes.

THE COURT: Oh, close by.

You probably have at least 15 minutes, so if you

want to get coffee or just relax.

Do you want to take the gentlemen back then, or do

you wanna have -- visit with your clients, Counsel?

MR. LENGYEL-LEAHU: They can go back.

THE COURT: Go back? Counsel?

MS. CORRIGAN: I think my client's looking to have

a little bit of a break.

THE COURT: Okay.

(To U.S. Marshal:) Well, Marcelino, if you'd be so

kind, why don't the marshals take the gentlemen back so they

can relax.

Counsel, we'll see you in about 15 minutes. Okay?

(Recess held at 8:12 a.m. )

(Proceedings resumed at 8:52 a.m.)


THE COURT: All right. Then we're on the record.

The defendants are once again present. Counsel and the

parties are present.

Mr. Jesus Ambriz has just arrived. He's the

gentleman who has the flat tire.

1

208:12

308:12

408:12

508:12

6

708:12

8

908:12

1008:12

1108:12

12

1308:12

1408:12

15

16

1708:12

1808:12

1908:51

2008:51

2108:52

22

23

2408:52

25


16



But we are missing the alternate juror Dillon

Cassell, who never checked in this morning. He's the young

man in the front row, who we found it necessary to stand

up -- on at least one or two occasions -- for.

Debbie's been calling him, but we've received no

response. So it appears that we're continuing to wait.

(To the clerk:) And was that a cell phone you had,

Debbie?

THE CLERK: Yes. I called and left a message.

I'll try again.

THE COURT: Okay.

(Clerk and court confer )

THE COURT: Just a moment.

Debbie, why don't you just tell Counsel what I'm

about to hear. That'll save it being transmitted from me.

THE CLERK: Mr. Cassell overslept. And he said he

was going to call in to speak to the Court. He doesn't feel

well and he did not know how that worked.

MR. LENGYEL-LEAHU: There's no indication of, if

he left now, when he would get here?

THE CLERK: He's still at home.

MR. LENGYEL-LEAHU: Stip.

MS. CORRIGAN: Judy, you wanna stip?

THE COURT: As counsel meet and confer with each

other.

108:52

2

3

4

508:52

6

708:52

8

908:52

10

1108:53

1208:54

1308:54

1408:54

15

1608:54

17

18

1908:54

20

2108:54

2208:54

2308:54

2408:54

25


17



MS. CORRIGAN: I think we have, Your Honor, a

stip.

MS. HEINZ: The government would stip.

MR. LENGYEL-LEAHU: We'd stip, Your Honor.


Then, with that stipulation, we're going to thank

and excuse the alternate who is Mr. Dillon Cassell; is that

correct?

MS. CORRIGAN: Yes.

THE COURT: Deb, would you tell the juror, "thank

you" for his service. He's excused.

THE CLERK: Yes.

THE COURT: Okay.

I think that that also may resolve another issue;

and that is, Ms. Corrigan you called my attention to him on

one occasion. I saw him on another occasion and had

everyone stand. And yesterday I saw him drowsy-ing off.

He's the only juror who I've seen do that.

And, therefore, if he was called as the alternate,

I was going to raise with each of you sua sponte and just

check and see if you really wanted that juror to serve.

He's been unintentionally napping.

So, with that excuse, I think -- or consent by all

of you and stipulation, I think that resolves a problem.

(To the clerk:) Deb, would you be kind enough to08:56

108:54

2

308:54

408:55

508:55

608:55

7

8

908:55

1008:55

11

1208:55

1308:55

1408:55

15

16

17

18

1908:55

20

21

22

2308:56

24

25


18



get the jurors.

THE CLERK: Sure.

(In the presence of the jury.)

THE COURT: All right. The jury's present. The

alternates are present.

(To the jury:) Out of your presence, the Alternate

Dillon Cassell has been excused.

So the record should reflect, then, there are four

alternates left, and twelve sitting jurors.

Counsel, if you would like to continue with the

witness, please.

MS. HEINZ: Thank you, Your Honor.

THUAN NGO, CALLED BY THE GOVERNMENT, PREVIOUSLY SWORN

RESUMED THE STAND

DIRECT EXAMINATION (Resumed)

MS. HEINZ: Could we please show Exhibit 842.

(Exhibit displayed.)

BY MS. HEINZ:

Q. And, Special Agent Ngo, I'd like you to look at

Government's Exhibit 842, please. Okay?

The next call -- I'm sorry -- the next recording that

we're going to play is Exhibit 803.3.

Could you please let us know what the date and the time

of that recording is?

A. Yes. It's 5/15/2015.08:59

1

208:56

308:57

408:58

5

608:58

7

808:58

9

1008:58

11

1208:58

13

14

1508:58

1608:58

1708:59

1808:59

1908:59

20

2108:59

22

2308:59

24

25


19



MS. HEINZ: And please play Government's Exhibit

803.3.

(Audio recording played.)

(Transcript displayed.)

BY MS. HEINZ:

Q. Special Agent Ngo, to be, um -- we've been listening to

a series of recordings yesterday and then again today.

Are -- these recordings that are in the series of the

Government's Exhibit 802 and 803, are these sequential

conversations?

A. Yes.

Q. Okay. The next recording we're going to play is

Government's Exhibit 804.

Could you tell us the date of Government's Exhibit 804?

A. Same date, 5/15/2015.



BY MS. HEINZ:

Q. Special Agent Ngo, the next recording we're going to

play is Government's Exhibit 828.1. Would you tell us the

date of this recording?

A. Yes. It's 5/16/2015.

Q. So this is the following day; is that correct?

A. Yes, ma'am.

MS. HEINZ: Please play Exhibit 828.1.09:08

108:59

2

308:59

408:59

509:01

609:01

7

809:02

9

10

1109:02

1209:02

13

1409:02

1509:02

1609:02

1709:02

1809:08

1909:08

20

21

2209:08

2309:08

2409:08

25


20





BY MS. HEINZ:

Q. Special Agent Ngo, one of the speakers in that

recording is identified by the initials "KB."

Would you please tell us who that is.

A. Yes.

MR. LENGYEL-LEAHU: Objection, Your Honor.

Foundation.

THE COURT: Overruled.

THE WITNESS: Yes, ma'am. It's Khalid Bahta.

BY MS. HEINZ:

Q. The next recording we're going to play is 828.2.

And Special Agent Ngo, is this a recording continuing in

the same conversations?

A. Yes.

Q. Special Agent Ngo, in that recording there is a

reference to Omar al-Farouk.

Do you know what that reference is?

A. Yes, ma'am.

Q. What is it?

A. It's a masjid in --

(Court reporter requests clarification for the

record.)

THE WITNESS: I'm sorry. A masjid, or mosque, in09:15

109:08

209:08

309:10

409:10

5

609:10

709:10

809:10

9

1009:10

1109:10

1209:10

1309:10

1409:10

15

1609:10

1709:15

18

1909:15

2009:15

2109:15

2209:15

2309:15

24

25


21



Anaheim.

BY MS. HEINZ:

Q. The next conversation, uh -- the next recording we're

going to play is Government's Exhibit 829.1.

Could you tell us the date of that?

A. Yes. Same date, 5/16/2015.

THE COURT: 5/16? I couldn't hear you.

THE WITNESS: Yes, sir.

THE COURT: 5/16? All right. Thank you.



BY MS. HEINZ:

Q. The next recording is Government's Exhibit 829.2.

Special Agent Ngo, is this also part of that same

conversation?

A. Yes, ma'am.

Q. Okay.



BY MS. HEINZ:

Q. Special Agent Ngo, as part of that recording there is

something marked "cell phone."

Do you recognize that part of the recording -- recognize

what it is?

A. Yes.09:23

1

209:15

309:15

4

509:15

609:15

709:15

809:15

909:15

1009:15

1109:15

1209:18

1309:18

1409:19

15

1609:19

1709:19

1809:19

1909:19

2009:22

2109:22

22

2309:23

24

25


22



Q. What is it?

MR. LENGYEL-LEAHU: Objection, Your Honor. Lack

of foundation.


(To the witness:) You can answer the question.

THE WITNESS: It's a speech by Anwar Awlaki. And

it sounds like they're watching the video of the speech.

BY MS. HEINZ:

Q. Okay. The next recording we're going to play is 829.2.

THE COURT: I think, you just played 829.2.

MS. HEINZ: I'm sorry. 830.1.

THE COURT: 830.1. Thank you.



BY MS. HEINZ:

Q. And the next recording we're going to play is


And if you could tell us -- Special Agent Ngo, if you

could look at what's been marked as Government's

Exhibit 844.

MS. HEINZ: I believe this is already in evidence,

so if we could show it?

BY MS. HEINZ:

Q. Could you let us know what the date and the time is of

the recording that we're going to hear, which is

109:23

209:23

3

409:23

509:23

609:23

7

809:23

909:23

1009:23

1109:23

1209:23

1309:23

1409:23

1509:24

1609:24

17

1809:24

19

20

2109:24

22

2309:24

2409:24

25


23



Government's Exhibit 840?

A. Yes. The date is 5/20/2015, and the time is 7:58,

Pacific Standard Time, p.m.

(Government counsel and technician confer.)

MS. HEINZ: We will not be playing Government's

Exhibit 840 at this time because we're having a technical

issue.

THE COURT: Well, if you want, just take your time

with it. It's the last exhibit you wanted to play.

MS. HEINZ: I think we're going to need a break to

correct the issue.

THE COURT: (To the jury:) Why don't we take a

break so Counsel can play the last exhibit. We'll come back

and get you in 15 minutes or so. Just stretch for a moment,

and we'll come right back. Let's see if we can get the

technical glitch resolved.

Please don't discuss this matter amongst yourselves

nor form or express any opinion concerning the case.

(Recess held at 9:26 a.m.)

(Proceedings resumed at 9:41 a.m.)


THE COURT: All right. We're back in session.

The jury's not present. All counsel are present.

The parties are present.

And, Deb, would you be kind enough to get the jury.09:41

1

209:25

3

409:25

509:25

6

7

809:25

9

1009:25

11

1209:25

13

14

15

16

1709:26

18

1909:26

2009:41

2109:41

2209:41

2309:41

24

25


24



THE CLERK: Sure.

(In the presence of the jury.)

THE COURT: All right. The jury's present. The

alternates are present. All counsel are present. The

witness is present.

And, Counsel, if you would like to continue with

840.

MS. HEINZ: Thank you, Your Honor.

So at this time we will play 840 and we're also

going to put the translation up on the ELMO.



BY MS. HEINZ:

Q. Finally, Special Agent Ngo, did you want to correct

something that you said yesterday?

A. Yes. Yesterday defense counsel asked me, I believe --

and I'm not sure of the exact question, but if I had talked

to -- or listened to a recording of one of Mr. Elhuzayel's

or Mr. Badawi's brothers. And I had forgotten and I said

no, that I had not talked to them.

But Special Agent Nick Vicencia and I actually

interviewed Mr. Elhuzayel's brother, Husam. And that was

recorded, and I did listen to that recording. And that was

the day of the arrest, so that was a little over a year ago.

And I'm sorry. I'm -- deeply apologize. I forgot about

109:41

209:42

309:43

4

5

609:43

7

809:43

909:43

10

1109:43

1209:43

1309:45

1409:45

15

1609:45

17

18

19

20

2109:45

22

23

24

25


25



that.

MS. HEINZ: Thank you.

No further questions.

THE COURT: Cross-examination, Mr. Lengyel-Leahu.

MR. LENGYEL-LEAHU: Thank you, Your Honor.

CROSS-EXAMINATION

BY MR. LENGYEL-LEAHU:

Q. Good morning, agent.

A. Good morning, sir.

Q. My client has three brothers; is that correct?

A. That's my understanding; yes, sir.

Q. Three that you know about.

A. Three that I know about, yes.

Q. And you spoke to one of the brothers in person.

A. I did.

Q. What about the other brother?

A. I have not spoken to the other two brothers, no.

Q. Okay. And you know the one brother, he's autistic?

A. I am aware of that; yes, sir.

Q. He's been in court several times?

A. Yes, sir. I've observed him in court.

Q. Okay. And that causes certain speech disabilities with

him; is that right?

MS. HEINZ: Objection, Your Honor. Beyond the

scope, and relevance.

1

209:46

309:46

409:46

509:46

609:46

709:46

809:46

909:46

1009:46

1109:46

1209:46

1309:46

1409:46

1509:46

1609:46

1709:46

1809:46

1909:47

2009:47

2109:47

2209:47

23

2409:47

25


26



THE COURT: Sustained.



Q. Do you know when the eavesdropping devices were placed

in the vehicles?

MS. HEINZ: Objection. Law enforcement privilege.

THE COURT: "When" is different than the process

or procedure, Counsel.

Are you still objecting as to the date?

MS. HEINZ: Um.

THE COURT: I'll overrule that objection.

(To the witness:) You can answer when.

THE WITNESS: I don't know specifically, sir, no.


Q. You were part of the team that removed them?

A. No, sir. I wasn't part of the team that removed them.

I just received the devices.

Q. Okay. So they were brought to you?

A. Yes, sir.

Q. What is your understanding as to when they were

removed?

A. They were removed the day that -- that the arrest

occurred.

Q. Okay.

A. I think it went into the night, so you could consider09:48

109:47

209:47

309:47

409:47

5

609:47

709:47

8

909:47

1009:47

1109:47

1209:47

1309:47

1409:47

1509:47

1609:47

17

1809:48

1909:48

2009:48

21

2209:48

23

2409:48

25


27



it the next day.

Q. Okay. And the devices themselves capture the

conversation; is that right?




Q. I believe your testimony yesterday is that you took

these devices and downloaded the contents of this

information onto an FBI computer; is that accurate?

A. Yes, sir.

Q. Okay. So the devices had certain information on 'em

that was then transferred to the equipment that you were

managing; is that right?

A. Yes.

Q. And you told it was an exact copy of that. (Verbatim.)

A. It is an exact copy; yes, sir.

Q. Okay. So -- just so we're clear, this wasn't a radio

transmission in realtime; this was a collection of evidence

that was later downloaded on to your computer.


THE COURT: I'm going to sustain that objection,

Counsel.


Q. Did you have occasion to listen to all of the

information downloaded from the devices?

1

209:48

3

409:48

509:48

609:48

709:48

8

9

1009:48

1109:48

12

13

1409:49

1509:49

1609:49

1709:49

18

19

2009:49

2109:49

22

2309:49

2409:49

25


28



A. I've listened to -- there were -- there were more than

one -- one device, and I did not listen to all of them. No.

Q. Well, I thought you testified that the information that

you downloaded was an accurate duplication of what was on

the devices?

A. They -- they are.

Q. Are you telling the jury that you're saying that it's

accurate, but you hadn't listened to it?

A. I've listened to -- I've listened to one of the

devices, and not the -- the devices captured different parts

of hours in the day. So, um, that's -- what I mean is

there's -- there are devices that continued on and there

were other devices that didn't capture everything.

Q. So the devices that you did not listen to, you didn't

compare them to determine if they were accurate?

A. No. I did compare them.

Q. Now I'm confused. Forgive me. I'm trying to follow.

Did you listen to the information contained on the

devices?

A. I did, sir.

Q. Did you compare it to the information that you

downloaded on to the FBI computer?

A. I listened to the ones that were the exhibits that

we've discussed.

Q. Okay. So you don't have any testimony regarding the09:51

109:49

2

309:50

4

5

609:50

709:50

8

909:50

10

11

12

13

1409:50

15

1609:50

1709:50

1809:51

19

2009:51

2109:51

22

2309:51

24

25


29



parts that you didn't listen to, regarding them being

accurately copied?

A. I don't have any testimony on the extra recordings that

I didn't listen to.

Q. Are you aware of anybody in the FBI who may have

compared the download to what the FBI collected on the

computer just to make sure that it was accurate?

MS. HEINZ: Objection. Misstates the prior

testimony.



Q. Are you aware of any other devices that were previously

installed and collected later from these vehicles?


THE COURT: Well, if you add "that he retrieved

and downloaded," I'll allow the question. In other words,

it's law enforcement privilege. If there are other devices

inserted besides these two, it's law enforcement privilege.

If you're asking if he retrieved any others in

addition to these two, I'm gonna allow you to ask him. I

think he's answered that question, but...


Q. Okay. Are these the only three devices that you

retrieved?

A. I downloaded two of the devices -- the two types of09:53

1

2

309:51

4

509:51

6

7

809:51

9

1009:51

1109:52

1209:52

13

1409:52

1509:52

16

17

18

1909:52

20

21

2209:53

2309:53

24

25


30



devices, not the third one.

Q. Okay. Because it was a duplicate of the other one?


MR. LENGYEL-LEAHU: I believe he testified

yesterday there was two devices in one vehicle and one

device in the other vehicle.

THE COURT: I think he did, too. Overruled.

(To the witness:) You can answer that question.

THE WITNESS: They're -- the third device is not a

device that is collected by, um, regular agents.

THE COURT: And from that point forward, if

there's a privilege asserted, I'm going to sustain it.

MR. LENGYEL-LEAHU: Okay.


Q. What period of time was captured on the devices that

you listened to?

A. I would need to go back and look at the record to

refresh my memory.

Q. Go ahead.

A. What I focused on was two days in particular:

5/15/2015 and 5/16/2015.

Q. That wasn't my question. My question was what period

of time was involved in the devices that you personally

listened to?

A. I can't remember the full period of time, sir.09:55

1

209:53

309:53

409:53

5

6

709:53

809:53

909:53

10

1109:53

12

1309:53

1409:53

1509:53

16

1709:54

18

1909:54

2009:54

21

2209:54

23

24

25


31



Q. Did you make a report?

A. I did not make a report, no.

Q. Did you take any notes?

A. I didn't -- I didn't take any notes, sir.

Q. Is that standard FBI practice, to be working on an

investigation and not take notes of your work and what you

have accomplished?

A. I, um -- you know, I was -- my task was to take a look

at the transcripts of the recordings and also to review the

recordings to see if the transcripts were accurate.

Q. That wasn't my question, sir.

Is it standard FBI practice not to take notes of the

work that you perform when doing an investigation?

A. It would depend on the work, sir.

Q. Okay. These devices, do they capture all of the

conversation in a car?




Q. Which cars were involved in the bugging?

A. There were three cars, sir.

Q. Which three cars?

A. There was a Toyota Camry and two Toyota Corollas.

Q. Do you have an understanding as to the owner of the

Camry?

109:55

209:55

309:55

409:55

509:55

6

7

809:55

9

10

1109:55

1209:55

13

1409:55

1509:55

16

1709:56

1809:56

1909:56

2009:56

2109:56

2209:56

2309:56

2409:56

25


32



MS. HEINZ: Objection. Lack of foundation.

THE COURT: Well, can you two stipulate to that?

I mean, is this the turning point of the lawsuit?

Why don't you two have a little conference back

here. (Indicating.) It might save a lot of time if there's

any issue concerning the ownership of the Corolla.

(Counsel confer.)

THE COURT: (To the jury:) Now, ladies and

gentlemen, maybe they can't stipulate. But if we can find

out the -- through a stipulation, it'll save a lot of time.

And, Counsel, the time period may be in dispute.

There may be changes of ownership. I'm just not sure,

but...

MR. LENGYEL-LEAHU: I think we've come to an

arrangement, Your Honor.

THE COURT: Okay. What's the arrangement between

the two of --

STIPULATION

MR. LENGYEL-LEAHU: The Camry was the Badawi

vehicle.

THE COURT: All right. Is that stipulated to?

MS. HEINZ: Yes, Your Honor.


THE WITNESS: Yes.

THE COURT: So the Toyota Camry is a Badawi09:58

109:57

209:57

3

409:57

5

6

709:57

809:57

9

10

1109:58

12

13

1409:58

15

1609:58

17

1809:58

1909:58

20

2109:58

2209:58

2309:58

2409:58

25


33



vehicle.

MR. LENGYEL-LEAHU: And the two Corollas were the

Elhuzayel vehicles.

MS. HEINZ: Excuse me, Your Honor. Could I just

consult with Counsel?

THE COURT: Yeah. Why don't you two talk one more

time.

(Counsel confer.)

MR. LENGYEL-LEAHU: Correction.

The two Corollas were also owned by the Badawi

family.

THE WITNESS: Yes.


Q. In one of the conversations -- I believe it was

829.2 -- there was a reference that has been translated as

"Jesus, the son of Mary." Do you remember that reference?

A. Yes.

Q. Do you understand what that reference is to -- what

person that's to?

MS. HEINZ: Objection. Lack of foundation.



Q. The discussions surrounding the statement "Jesus, son

of Mary," were prophesies of the end of times; is that

right?

1

209:58

3

409:58

5

609:58

7

809:58

909:58

1009:58

11

1209:59

1309:59

1409:59

15

16

1709:59

1809:59

19

2009:59

2109:59

2209:59

2309:59

24

25


34



MS. HEINZ: Objection. Testifying.


MR. LENGYEL-LEAHU: Nothing further.

THE COURT: Cross-examination, Ms. Corrigan?

MS. CORRIGAN: If I might have a moment,

Your Honor?

(Defense and government counsel confer.)

MS. CORRIGAN: Your Honor, this is the issue that

I brought up earlier. And I think we're just going to

stipulate. I won't need to ask a question.

STIPULATION

MS. CORRIGAN: But as to Exhibit 803.2, which is

one of the recordings that was played, there's a stipulation

that my client, Muhanad Badawi, was not a participate in

that conversation.

THE COURT: Is that stipulated to by the

government?

MS. HEINZ: Just to be clear: He did not

participate in the conversation, but he was in the vehicle.

MS. CORRIGAN: Yes. And that's the further part

of the stipulation.

THE COURT: So he was not a participant in the

verbal conversation, but he was present in the vehicle; is

that correct?

MS. CORRIGAN: Correct. 10:01

109:59

209:59

309:59

410:00

510:00

6

710:00

810:00

9

10

1110:00

1210:00

13

14

15

1610:00

17

1810:00

19

2010:01

21

2210:01

23

24

25


35



And the corrected transcript will be placed within

the exhibits.

And I have nothing further.


(To the jury:) So a stipulation is a binding

agreement; in other words, that's a conclusive piece of

evidence that you're to consider.

Then, Counsel, are there questions on redirect?


THE COURT: Sir, you may step down. We're going

to ask you to remain available, though. The lawsuit will

conclude as early as this Thursday, and as late as Friday.

Thank you very much, sir.

THE WITNESS: Thank you, sir.

(Witness steps down.)

THE COURT: Counsel, if you'd like to call your

next witness, please.

I'm sorry. Not the "lawsuit." I'm sorry. The

evidence in the matter. (Verbatim.)

MS. ELIOT: Your Honor, the government calls

Special Agent David Gates.

THE COURT: Thank you.

Thank you, sir. If you'd be kind enough to step

between the double doors, Agent Gates. And would you raise

your right hand, please.

110:01

2

310:01

410:01

510:01

6

7

810:01

910:01

1010:01

11

12

1310:01

1410:01

1510:01

1610:01

17

1810:01

19

2010:01

21

2210:02

2310:02

24

25


36



DAVID GATES, CALLED BY THE GOVERNMENT, SWORN

THE WITNESS: Yes.


If you would walk along this black railing. The

entrance to the jury (sic) box is to my left. It's closest

to the wall.


THE COURT: If you would be seated, sir.

THE WITNESS: Thank you.

THE COURT: After you're comfortably seated, would

you face the jury. Would you state your full name and spell

your last, please.

THE WITNESS: My name is David Gates, G-A-T-E-S.


Direct examination by the government.

MS. ELIOT: Thank you, Your Honor.

DIRECT EXAMINATION

BY MS. ELIOT:

Q. Good morning. What do you do for a living?

A. I'm an FBI Special Agent.

Q. How long have you been a Special Agent with the FBI?

A. A little bit over 13 years.

Q. Where are you currently assigned?

A. I'm assigned to the FBI's office at LAX or Los Angeles

International Airport.

110:02

210:02

310:02

410:02

5

6

710:02

810:02

910:02

1010:02

11

12

1310:02

1410:02

1510:02

1610:02

1710:02

1810:02

1910:02

2010:02

2110:02

2210:02

2310:03

2410:03

25


37



Q. How long have you been assigned at LAX?

A. Almost twelve years. Most of my career.

Q. Where were you on May 21st, 2015, at approximately 4:25

in the afternoon?

A. I was at LAX, working.

Q. Were you involved in the arrest of one of the

defendants in this case?

A. Yes.

Q. Can you describe the person who was arrested at LAX on

that date?

A. His name was Mr. Elhuzayel. Um, young male.

Q. And where -- did you make contact with him that day?

A. I did.

Q. And where did you make contact with him at LAX?

A. At the Tom Bradley International Terminal, directly

behind TSA screening -- or the Transportation Security

Administration -- screening point at the Tom Bradley

terminal.

MS. ELIOT: If we could display on the screen

Government's Exhibit 1005 in evidence.

THE COURT: 1005. Thank you.

MS. ELIOT: Special Agent Gates, we're now showing

you a video clip on the screen before you. If you could

watch that and we'll discuss it in a moment.

(Video recording played.)10:04

110:03

210:03

310:03

4

510:03

610:03

7

810:03

910:03

10

1110:03

1210:03

1310:03

1410:03

1510:03

16

17

18

1910:03

20

2110:04

2210:04

23

24

25


38



MS. ELIOT: If we could pause the video for a

moment, please.

BY MS. ELIOT:

Q. Do you recognize the persons depicted on the screen?

A. Yes.

Q. And who do you recognize?

A. I recognize me.

Q. Where are you standing? On the left or the right?

A. I'm on the left, in the suit, with no tie.

Q. And who is the person that you're standing beside?

A. That's Mr. Elhuzayel.

Q. And this is near the TSA checkpoint?

A. It's -- yes, this is directly where people finish their

screening process, so it's right there.

Q. And what did you do when Defendant Elhuzayel approached

the checkpoint where you were?

A. Well, you mean, when I approached him?

Q. Yes.

A. I talked to him briefly. In my left hand is his

boarding pass, and I believe it's his passport also.

MS. ELIOT: If we could now place before the

witness what has been marked as Government's Exhibit 604.

THE COURT: Has this exhibit been received?

MS. ELIOT: No, Your Honor.

THE COURT: Okay. Thank you.10:05

110:04

2

310:04

410:04

510:04

610:04

710:04

810:04

910:04

1010:04

1110:04

1210:04

1310:04

14

1510:04

16

1710:05

1810:05

1910:05

20

2110:05

22

2310:05

2410:05

25


39



(Exhibit provided to the witness.)

BY MS. ELIOT:

Q. Do you recognize this exhibit?

A. Yes. It's a boarding pass.

Q. Is it the boarding pass that you have in your hand on

the screen?

A. Yes.

MS. ELIOT: Your Honor, at this time the

government moves to admit Exhibit 604 into evidence.

THE COURT: Any objection?

Mr. Lengyel-Leahu?


THE COURT: Ms. Corrigan?

MS. CORRIGAN: No, Your Honor. Thank you.

THE COURT: Received.

(Exhibit No. 604 received in evidence.)

MS. ELIOT: Thank you, Your Honor.

BY MS. ELIOT:

Q. What is the name of the passenger on the boarding pass?

A. Nader Elhuzayel.

Q. And what is the airline and flight number?

A. It's Turkish Airlines Flight 10.

Q. And what is the initial destination listed on the

boarding pass?

A. It's Istanbul.10:06

110:05

210:05

310:05

410:05

510:05

6

710:05

810:05

9

1010:05

1110:05

1210:05

1310:05

1410:05

1510:05

1610:05

1710:05

1810:05

1910:05

2010:05

2110:05

2210:06

2310:06

24

25


40



MS. ELIOT: I have no further questions,

Your Honor.

THE COURT: Cross-examination, Mr. Lengyel-Leahu.


CROSS-EXAMINATION


Q. Where's the final destination?

A. On the boarding pass it says, "Istanbul."

Q. Just says "Istanbul" on the boarding pass?

A. That's correct.

Q. Flight 10 goes on to Tel Aviv?

A. No.

MR. LENGYEL-LEAHU: Thank you.

THE COURT: Cross-examination, Ms. Corrigan.


THE COURT: Redirect by the government?

MS. ELIOT: Nothing, Your Honor. Thank you.


Thank you, sir. We're going to ask you to remain

on call. I doubt that you'll be called back to court, but

it's in an effort to save additional subpoenas.


THE COURT: Thank you, sir.

Counsel, call your next witness, please.

THE WITNESS: Sir, do I leave this here.10:06

110:06

2

310:06

410:06

510:06

610:06

710:06

810:06

910:06

1010:06

1110:06

1210:06

1310:06

1410:06

1510:06

1610:06

1710:06

1810:06

1910:06

20

21

2210:06

2310:06

2410:06

25


41



(Indicating.)

THE COURT: Please just leave that on the ledge.


MS. HEINZ: The government calls Jason Ghetian.

THE COURT: Thank you, sir. Would you be kind

enough to raise your right hand, please.

JASON GHETIAN, CALLED BY THE GOVERNMENT, SWORN

THE WITNESS: I do.

THE COURT: Thank you, sir. Would you be kind

enough to walk along the side of the jury railing. There's

a black curtain, and the entrance to the witness box is

closest to the wall.

And after you're comfortably seated, would you

state your name for the jury, please, and spell your last.

THE WITNESS: My name is Jason Timothy Ghetian,

G-H-E-T-I-A-N.


And this would be direct examination by Ms. Heinz

on behalf of the government.

DIRECT EXAMINATION

BY MS. HEINZ:

Q. Special Agent Ghetian, where are you employed?

A. With the FBI.

Q. And how long have you been employed with the FBI?

A. About 12 and a half years.10:07

1

210:06

310:06

410:07

510:07

6

710:07

810:07

910:07

10

11

12

1310:07

14

1510:07

16

1710:07

1810:07

19

2010:07

2110:07

2210:07

2310:07

2410:07

25


42



Q. And what is your position?

A. I'm a Special Agent.

Q. What is your current assignment?

A. I investigate counterterrorism cases in Orange County.

Q. Okay. And you're based in Orange County?

A. I am.

Q. All right. On May 21st, 2015, did you inventory what

was on Defendant Elhuzayel's person at the time of his

arrest?

A. I did.

Q. Okay. And would you look around the courtroom and see

if you see that person, Mr. Elhuzayel, the person who you

inventoried his personal possessions -- would you look

around the courtroom and see if you see him?

A. I do.

Q. Okay. Would you point out where he's sitting?

A. He's sitting at the defense counsel's table.

(Indicating.)

Q. Would you describe what he's wearing?

A. Wearing a dark suit with -- appears to be a maroon tie.

MS. HEINZ: Your Honor, may the record reflect

that the witness has identified Defendant Elhuzayel?

THE COURT: The record will reflect that the

witness has identified the defendant, Mr. Elhuzayel.

110:07

210:08

310:08

410:08

510:08

610:08

710:08

8

9

1010:08

1110:08

12

13

14

1510:08

1610:08

1710:08

18

1910:08

2010:08

2110:08

22

2310:09

24

25


43



BY MS. HEINZ:

Q. When you inventoried the items that were on

Mr. Elhuzayel's person on May 21st, 2015, would you please

tell us what they were?

A. Yes. He had $1,016 in U.S. currency. He had a brand

new iPhone 6. He had a wallet filled with a bunch of credit

cards. He had a U.S. Passport.

MS. HEINZ: All right. Would you please place

before the witness what has been marked as Government's

Exhibits 610, 605, 623, and 624.

(Exhibits provided to the witness.)

BY MS. HEINZ:

Q. Would you please look at what's been marked as


What is Government's Exhibit 610?

A. It's an iPhone 6.

Q. Would you please look at what has been marked as



A. It's a U.S. Passport.

Q. What is the name on the U.S. Passport?

A. May I open it?

Q. Yes.

A. It's the passport from Nader Salem Elhuzayel.

Q. Please look at what's been marked as Government's10:11

110:09

210:09

3

4

510:09

6

7

810:09

9

10

1110:10

1210:10

1310:10

14

1510:10

1610:10

1710:10

18

1910:10

2010:10

2110:10

2210:10

2310:10

2410:11

25


44



Exhibit 623.


A. It's a photograph of the U.S. currency found in the

possession of Nader Elhuzayel on May 21st, 2015.

Q. Please look at what's been marked as Government's

Exhibit 624.


A. It is a photograph of the credit cards and other

items -- driver's license -- found in the wallet of Nader

Elhuzayel on May 21st, 2015.

MS. HEINZ: Your Honor, the government moves into

evidences Government's Exhibit 610, 605, 623 and 624.



THE COURT: Ms. Corrigan?


THE COURT: 610 is received.








1

210:11

310:11

4

510:11

6

710:11

810:11

9

10

1110:11

12

1310:12

1410:12

1510:12

1610:12

1710:12

1810:12

1910:12

2010:12

2110:12

2210:12

2310:12

2410:12

25


45



MS. HEINZ: Would you please display Government's

Exhibit 623.

(Photograph displayed.)

BY MS. HEINZ:

Q. Okay. Directing your attention to what is being

displayed right now, which is Government's Exhibit 623 --

I'm sorry, is there a problem?

A. Yes. That's Exhibit 624.

Q. Excuse me. So looking at Government's Exhibit 624.

Okay? Approximately how many credit cards did

Defendant Elhuzayel have at the time of his arrest?

A. It's hard to tell what's a credit or debit card, but

approximately nine.

Q. Now I'm going to show you what's been marked as


(Photograph displayed.)

BY MS. HEINZ:

Q. So is Government's Exhibit -- what is Government's

Exhibit 623, once again?

A. It is the U.S. currency found in the possession of

Nader Elhuzayel on May 21st, 2015, in the amount of $1,016.

Q. On May 21st, 2015, did you interview

Defendant Elhuzayel?

A. I did.

Q. And when you interviewed Defendant Elhuzayel on10:15

110:12

2

310:13

410:13

510:13

6

710:14

810:14

910:14

10

11

1210:14

13

1410:14

15

1610:14

1710:14

1810:14

19

2010:15

21

2210:15

23

2410:15

25


46



May 21st, 2015, where were you?

A. I was at the Los Angeles International Airport.

Q. Did you interview him by yourself?

A. No, I did not.

Q. At the time of the interview, had Defendant Elhuzayel

been arrested?

A. He had. Well, I placed him under arrest.

Q. Did you advise him of his Miranda rights?

A. I did.

Q. After you advised him of his Miranda rights, did he

agree to talk to you?

A. He did.

Q. Please look at what's been marked as Government's

Exhibits 1016 and 1016-A.


BY MS. HEINZ:

Q. What is Government's Exhibit 1016?

A. Government's Exhibit 1016 is a selection (verbatim) of

the interview that was conducted by myself and Special Agent

Scott Wales on May 21st, 2016 (sic).

Q. Is it a recording?

A. It is. It's an audio and video recording of that

section.

Q. And what is Government's Exhibit 1016-A?

A. It is the transcript from that section of the10:16

1

210:15

310:15

410:15

510:15

6

710:15

810:15

910:15

1010:15

11

1210:16

1310:16

14

1510:16

1610:16

1710:16

1810:16

19

20

2110:16

2210:16

23

2410:16

25


47



audio-video recording.

Q. And have you reviewed both of these?

A. I have.

Q. How do you know that?

A. Because I initialed the disc with -- dated "June 12,

2016" and my initials after I reviewed it.

Q. Do Government's Exhibits 1016 and 1016-A accurately

depict part of the interview of Defendant Elhuzayel on

May 21st, 2015?

A. They do.

MS. HEINZ: Your Honor, move into evidence

Government's Exhibits 1016 and 1016-A.


Mr. Lengyel-Leahu?

MR. LENGYEL-LEAHU: No objection, Your Honor.

MS. CORRIGAN: (No response.)

THE COURT: 1016, 1016-A are received.


(Exhibit No. 1016-A received in evidence.)

MS. HEINZ: Please play Government's Exhibit 1016.

(Video recording played, not reported.)


BY MS. HEINZ:

Q. Special Agent Ghetian, the clip that we just watched,

which is Government's Exhibit 1016, approximately how far

1

210:16

310:16

410:16

510:17

6

710:17

8

9

1010:17

1110:17

12

1310:17

1410:17

1510:17

1610:17

1710:17

1810:17

1910:17

2010:17

2110:17

2210:17

2310:18

2410:18

25


48



into the interview was -- were those statements made?

A. It was toward the beginning of the interview.

Q. Okay. Could you please look at what's been marked as

Government's Exhibit 1020 and 1020-A.


BY MS. HEINZ:

Q. What is Government's Exhibit 1020?

A. Government's Exhibit 1020 is a CD containing a

selection from -- containing the audio-video of the

May 21st, 2015, interview of Nader Elhuzayel.

Q. Have you reviewed Government's Exhibit 1020?

A. I have.

Q. How do you know that?

A. I initialed it and dated it "June 12th, 2016."

Q. Okay. And what is Government's Exhibit 1020-A?

A. It is the transcript from that selection.

Q. And have you also reviewed that?

A. I have.

Q. Do Government's Exhibits 1020 and 1020-A accurately

depict part of the interview of Defendant Elhuzayel on

May 21st, 2015?

A. They do.

MS. HEINZ: Your Honor, move into evidence

Government's Exhibits 1020 and 1020-A.

THE COURT: All right. Thank you.10:20

1

210:19

310:19

4

510:19

610:19

710:19

810:19

9

10

1110:19

1210:19

1310:19

1410:19

1510:19

1610:20

1710:20

1810:20

1910:20

20

21

2210:20

2310:20

24

25


49



And, Counsel, any objection?

Mr. Lengyel-Leahu.


THE COURT: None from Mr. Lengyel-Leahu.

Ms. Corrigan?


THE COURT: 1020 and 1020-A are received.

(Exhibit Nos. 1020 and 1020-A received in

evidence.)

THE COURT: You may play those, Counsel.

(Video recording played, not reported.)


BY MS. HEINZ:

Q. Special Agent Ghetian, did Defendant Elhuzayel talk to

you about his plan to marry Enas during the interview?

A. He did.

Q. What did he say about that?

A. He -- at first, in the beginning of the interview, he

said that was his plan; but then, after he apologized for

lying, he then told us the real story, which was he felt it

was too complicated of a plan to go to Palestine, marry

Enas, and then go to the Islamic State.

She -- according to him, she had had her passport taken

away, she was under surveillance, he would have to meet her

family, and he just thought it'd be too complicated. So he

110:20

210:20

310:20

410:20

510:20

610:20

710:20

810:20

9

1010:20

1110:20

1210:20

1310:22

1410:22

15

1610:22

1710:22

1810:22

19

20

21

22

2310:22

24

25


50



decided just to go to the Islamic State during his layover

from Istanbul.

Q. And did he say anything about his expectations of

getting married when he reached the Islamic State?

A. He did.

Q. What did he say?

A. His expectation is that he would get four wifes once

arriving in the Islamic State.

MS. HEINZ: Nothing further.

THE COURT: Cross-examination.

Mr. Lengyel-Leahu?


CROSS-EXAMINATION


Q. Good morning.

A. Good morning, sir.

Q. He didn't change the story about getting married until

after you and your partner brought up the notion that his

family would be involved; is that correct?

A. That is accurate.

Q. In fact, I don't remember if it was you or Agent Wales

that mentioned that his mother and his brother, Husam, could

be investigated and arrested for kiting checks.

A. We made no mention of them being arrested. What we

talked about is, if he didn't want to tell the truth, that

1

2

310:23

4

510:23

610:23

710:23

8

910:23

1010:23

1110:23

1210:23

1310:23

1410:23

1510:23

1610:23

1710:24

18

19

2010:24

2110:24

22

23

2410:24

25


51



puts the FBI in a position where we have to investigate

further. So if he can't tell us what happened, we have to

interview more people.

So, in a sense, I gave 'em our investigative strategy,

which is, "We will have to talk to more people, like your

family, like your fiancée."

Q. And at that time he was personally under arrest?

A. Yes, sir.

Q. So when you mentioned to him that you were gonna have

to talk to his family, you didn't say that you weren't going

to arrest him, did you?

A. No. I did not tell him I was not going to arrest him.

Q. Okay. And you specifically used the expression "kiting

checks" and "stolen checks" to him.

A. I did, sir.

Q. Okay. And you didn't leave it at that. You also

brought in his sisters and his father; correct?

A. Yes, I did, but in the context of interviewing them.

So I explained to him, when people engage of violations of

federal law, oftentimes, they don't think about how that's

gonna affect their family; that family is gonna have to be

interviewed --

MR. LENGYEL-LEAHU: Your Honor, move to strike.

There's no question pending on this.

THE COURT: Overruled. 10:26

1

2

3

410:25

5

6

710:25

810:25

910:25

10

11

1210:25

1310:25

14

1510:25

1610:25

17

1810:25

19

20

21

22

2310:26

24

25


52



(To the witness:) Finish your question, sir.

THE WITNESS: That when they engage in these

criminal activities, oftentimes the investigation does drag

in their family. The family have (sic) to be questioned.

It puts them in a bad position where they don't wanna say

anything to hurt their family or friends, but it's against

the law to lie to us, and --


Counsel, your next question.



Q. And you were the one, I believe, that told him that, if

he didn't cooperate, you're next phone call was to Israeli

intelligence?

A. Sir, maybe not my next phone call, but I would say I'd

be forced to have to contact them to interview Enas Khattab

about her relationship with Nader Elhuzayel.

Q. Because you said you weren't gonna go over there

yourself. You were gonna call them.

A. Oftentimes in the FBI --

Q. Is that true, sir?

A. Say it again?

Q. Yes or no? Yes or no?

THE COURT: Now, just a moment.

Repeat the question.10:27

110:26

210:26

3

4

5

6

7

810:26

910:26

1010:26

1110:26

1210:26

13

14

1510:26

16

17

1810:27

19

2010:27

2110:27

2210:27

2310:27

2410:27

25


53




Q. You told him that if he didn't cooperate, your next

call was to Israeli intelligence. Yes or no?

A. I don't believe it was my next call, sir.

Q. No. I said the words you told him -- the words you

told my client is that if he didn't cooperate, your next

call was to Israeli intelligence.

A. Sir, if I had that part of the transcript maybe -- what

I'm saying is I'm not sure if I said "My next call," or I

would contact Israeli intelligence. But, yes, I did say I

would contact --

Q. Your intent was that they would pick her up to question

her; is that right?

A. Sir, I wouldn't say "to pick her up," but to interview

her.

Q. Okay. And you knew she was previously arrested?

A. I did, sir.

Q. Okay. So she's a real person; right?

A. Yes, sir, she is.

Q. She really does live over there?

A. At that time my information was that she did.

Q. Okay. Were you part of the team that was investigating

my client during the spring and early summer of 2015?

A. Yes, sir, I was.

Q. So you're aware of the evidence in this case?10:28

110:27

210:27

3

410:27

510:27

6

7

810:27

9

10

11

1210:27

13

1410:27

15

1610:27

1710:27

1810:27

1910:28

2010:28

2110:28

2210:28

23

2410:28

25


54



A. Some of it, sir.

Q. You're aware of the communications between my client

and this Enas person over there in Palestine?

A. Yes, sir. Most of them.

Q. So you're aware of the fact that they did have a plan

to get married?

A. Yes, sir. They did.

Q. Okay. You were the one that questioned him regarding

his contacts in the Middle East; correct?

A. Yes, sir, I was.

Q. And you were the one that told him that, "It's a war

zone, and you can't just walk into the middle of a war

zone"; correct?

A. That sounds right, sir.

Q. In fact, you said, "I can't, you can't, nobody can

without a contact."

Who is his contact? Those -- your words; right?

A. Yes, sir.

Q. And he didn't have an actual contact, did he? In fact,

we just heard the part of the transcript where he says, "I

was going to get there and get a Surespot and find

somebody."

A. Sir, I believe he said, "Lots of people." He had lots

of people, lots of contacts.

Q. Because anybody that would respond to him is a10:29

110:28

210:28

3

410:28

510:28

6

710:28

810:28

9

1010:28

1110:28

12

13

1410:29

1510:29

16

1710:29

1810:29

1910:29

20

21

22

2310:29

24

25


55



potential contact.

THE COURT: A question. Is that a question?

MR. LENGYEL-LEAHU: Yes. That should have a

question mark at the end of it.

THE COURT: Ask it again.


Q. Because he was expecting someone to respond to him;

correct?

A. Was -- sir, are you asking was he expecting somebody'd

respond to him if he reached out to some of these contacts

on social media?

Q. Correct.

A. Yes.

Q. Okay. But he didn't have a name of anybody specific,

did he?

A. No, sir. He did not provide a specific contact.

Q. And in all the communications that you reviewed, prior

to his going to the airport, there is no nobody -- there is

not one single communication from any person that said,

"Once you get here, hit me up. Contact me and I can help

you."

A. That is true, sir.

THE COURT: You want to just bring that up to the

side of the witness box.

UNIDENTIFIED SPEAKER: Yes, sir.10:31

1

210:29

310:29

4

510:29

610:29

710:29

8

910:29

10

11

1210:29

1310:29

1410:30

15

1610:30

1710:30

18

19

20

21

2210:30

2310:31

24

25


56



THE COURT: Thank you very much.

If you wouldn't mind, just remain at that location.

All right.

Counsel, your question, please.

MR. LENGYEL-LEAHU: More of a demonstration,

Your Honor.

THE COURT: A demonstration?

We're not going to have a demonstration, Counsel.

Thank you.


Q. Were you present when the contents of his luggage was

inventoried?

A. Yes, sir, I was.

Q. And all of this evidence was taken into the custody of

the FBI?

A. Yes, sir, it was.

Q. And it's remained in the FBI custody all that -- all

that period of time; right?

A. Sir, I'd have to look at the chain of custody. My

belief, sir, is, yes, it has been in the custody of the FBI

this entire time.

Q. Tagged, sealed, put in an evidence locker somewhere?

A. I think we had a room where we kept all of our

evidence. But there's a point before trial where, I think,

it came over to United States Attorney's Office. But

110:31

210:32

310:32

410:32

510:32

6

710:32

810:32

910:32

1010:32

1110:32

12

1310:32

1410:32

15

1610:32

1710:32

18

1910:32

20

21

2210:32

2310:32

24

25


57



without the chain'a custody, I would not be able to testify

to that 'cause I've not reviewed that.

Q. Okay. So nothing's been added to it or taken out of

it?

A. Oh. No, sir. Well, wait.

Are you saying nothing's been taken out of -- well, when

we do the inventory of the evidence, some of the digital

devices get segregated 'cause they have to go over to our

Orange County Regional Forensic Laboratory to be analyzed.

So that's the case. But that's also annotated in the chain

of custody log where that's split off into its own evidence

item.

Q. Could you look in the luggage and see if it's in the

same condition it was in last time you saw it?

THE WITNESS: Yes, sir. I looked at it last

night. Do you want "me look" at it right now? (Verbatim.)

MR. LENGYEL-LEAHU: Yes, please.

THE COURT: You can step off the stand or you can

have it handed to you, either one.

THE WITNESS: Um, as a point, which may help the

Court, I -- I reviewed it right before I came in here, so --

THE COURT: Okay.

THE WITNESS: -- do you want me to look at it

again?

MR. LENGYEL-LEAHU: Yes, please.10:34

1

2

310:33

4

510:33

610:33

7

8

9

10

11

12

1310:33

14

1510:33

16

1710:33

1810:33

19

2010:33

21

2210:34

2310:34

24

25


58



THE WITNESS: Okay.

(Witness steps down next to witness stand.)

THE COURT: So -- well, the first piece, so we

know what you're looking at, is what?

THE WITNESS: This is the carry-on piece of

luggage that he had on his person on May 21st.

THE COURT: And, Counsel, what exhibit number

would that be?

MR. LENGYEL-LEAHU: (No response.)

THE COURT: Counsel?

MR. LENGYEL-LEAHU: I guess we haven't had an

exhibit number for it yet, Your Honor. I guess the defense

would like to mark it.

THE COURT: Marked as?

MS. HEINZ: It was admitted, Your Honor.

THE COURT: It was received early on, Counsel.

It's one of the first items received.

MR. LENGYEL-LEAHU: I apologize.

THE COURT: So what exhibit number is it, Counsel?

MR. LENGYEL-LEAHU: I do not know.

UNIDENTIFIED SPEAKER: 606.

THE COURT: 606. Thank you.

Counsel, 606.


THE COURT: Just so we have a record, he's looking10:34

110:34

210:34

310:34

4

510:34

6

710:34

8

910:34

1010:34

1110:34

12

13

1410:34

1510:34

1610:34

17

1810:34

1910:34

2010:34

2110:34

2210:34

2310:34

2410:34

25


59



at 606.

And your question is?


Q. Uh, could we see the contents of the luggage?

A. (Displaying items:) So, headphones.

So, this is the case from an iPhone 6.

Q. Now, the iPhone 6 was in the box, in the case; right?

Is that accurate?

A. No, sir. The iPhone 6 was on his person.

Q. Gotcha.

A. (Displaying items:) This is a case for an iPhone 6.

This was on the phone. So this is just the casing for it

with the holder.

This is a myCharge. Looks like a thumb charger.

Pencil -- pencil sharpener.

Sir, would you like me to leave it out or put it

back in once I show the jury?

Q. Let's pull it all out. Then we'll put it back in after

we're finished.

A. (Witness displays item.)

THE COURT: What was that?

THE WITNESS: Sir, it appears to be like a --

looks like a travel document, but it's in a foreign

language. I can't read it.

THE COURT: Okay.10:36

1

210:34

310:34

410:34

510:34

610:35

710:35

8

910:35

1010:35

1110:35

12

13

1410:35

1510:35

1610:36

17

1810:36

19

2010:36

2110:36

2210:36

23

24

25


60



THE WITNESS: (Displaying item:) This appears to

be an Israeli passport for Nader Elhuzayel.

MR. LENGYEL-LEAHU: Could I retrieve those items,

Your Honor?

THE COURT: Well, certainly.


I'd like to publish 'em to the jury, if I could.

THE COURT: Well, you can put them on the ELMO, if

you'd like to. They're not going to be passed to the jury,

Counsel.

MR. LENGYEL-LEAHU: That -- that was my point,

Your Honor. That's why I needed 'em -- for the ELMO.


And would you like him to continue going through

the exhibit?

MR. LENGYEL-LEAHU: Yes, please, Your Honor.

(Mr. Lengyel-Leahu displays various exhibits on

ELMO, without speaking.)

THE COURT: Would you like him to continue going

through the exhibit?

MR. LENGYEL-LEAHU: Yes, please, Your Honor.

THE WITNESS: (Displaying each item:)

This is Size 14 shoes.

Size 15 shoes.

Size 14 shoes. 10:37

110:36

2

310:36

4

510:36

610:36

710:36

810:36

9

10

1110:36

12

1310:36

1410:37

15

1610:37

1710:37

18

1910:37

20

2110:37

2210:37

2310:37

2410:37

25


61



Size 15 sandals.

Okay. In my right hand appears to be some type of

harness. In my left hand is a razor.

It's an extra large T-shirt.

It's a Calvin Klein handbag.

Three brushes.

A jar of honey.

LG G Pad instructions.

Attachment for the razor.

And a notebook which has what appears to be Arabic

writing. Looks like someone's practicing Arabic writing.

MR. LENGYEL-LEAHU: Could I retrieve that

document, Your Honor?

THE COURT: Sure.

MR. LENGYEL-LEAHU: And publish it to the jury on

the ELMO?

THE COURT: You may.

(Document displayed.)

THE WITNESS: Sir, that completes this bag.

So your question?


Q. And that -- all the contents of that bag; is that

correct?

A. No, sir. There's some -- that's what's in the bag

right now. But there was some digital devices in there.

110:37

210:38

3

410:38

510:38

610:38

710:38

810:38

910:38

1010:38

11

1210:39

13

1410:39

1510:39

16

1710:39

1810:39

1910:39

2010:39

2110:39

2210:39

23

2410:39

25


62



Q. Understood. If you could, I guess, put those back in

the box for us now, please.

THE WITNESS: Okay, sir.

(Complies.)

MR. LENGYEL-LEAHU: (Displays exhibits on the

ELMO, without comment.)

THE COURT: Counsel?


Q. Could we look at the checked luggage, the large roller

bag, please.

A. Sure, sir.

THE COURT: It might be easier to look at it down

on the floor, Counsel.

MR. LENGYEL-LEAHU: If that's appropriate. Sure.

THE COURT: Do you want the contents taken out?

MR. LENGYEL-LEAHU: Yes, please, sir.

THE COURT: You know, the easiest thing to do

might be just to use the center of the courtroom.

Would you gentlemen mind? Just lay it out.

And, Counsel, I'm going to remove that black

curtain for a moment.

MS. CORRIGAN: That's fine.

THE COURT: And why don't we toss that off to the

side.

In fact, I'm going to ask some of you gentlemen if10:41

110:39

2

310:39

410:39

510:39

6

710:40

810:40

910:40

10

1110:40

1210:40

13

1410:40

1510:40

1610:41

1710:41

18

1910:41

2010:41

21

2210:41

2310:41

24

25


63



you'd just take that black curtain away completely, clear

over to the side by the U.S. Attorney. Ah, even further.

Let's take that way out outta the way so the entire jury can

see.

(To the jury:) Now, folks, if you'd like to, you

can stand up at any time. I think it would be quicker and

easier if you saw whatever these contents are, instead of

one by one. We'll put them on the floor.

(To Mr. Lengyel-Leahu:) And, if you'd like to help,

you're more than welcome to.

(Witness takes exhibits into well to display.)

THE COURT: And big voice.

THE WITNESS: Okay, sir.

(Displaying items:) These are manuals, um, in

Arabic writing. Based on the back, I -- it was my

understanding at the time, this belonged -- or was written

by his father.

THE COURT: Okay. Why don't you just leave those

on the floor. Don't worry about the cleanliness. We'll

take care of it.

THE WITNESS: Thank you, Your Honor.

(Displaying items:) This is another pair of shoes.

They're in a bag. They seem to be covered with mold. This

is a Size 15. This is reflective of how I saw it when I

first inventoried it on June 3rd, but they're just covered

1

2

3

4

510:41

6

7

8

910:41

10

1110:41

1210:41

1310:41

1410:41

15

16

17

1810:42

19

20

2110:42

2210:42

23

24

25


64



in mildew.

THE COURT: Covered in mildew?

THE WITNESS: Yes, Your Honor.

(Displaying item:) A towel.

MR. LENGYEL-LEAHU: Do you want gloves?

THE COURT: No, he doesn't need gloves. He's

fine.

THE WITNESS: I'll wash my hands later.

(Displaying items:) Large jacket.

Another large jacket with a Goodwill sticker on

it -- or still pinned or stapled to it. Uh, scratch that.

It's just a tag. I shouldn't say Goodwill. It's just a

tag.

Another jacket, 3X.

Another large jacket.

Another XL jacket -- so five jackets.

This is probably the best way to go so it's a suit

W a matching jacket.

Another suit -- it's obviously a different size

than that one -- with a matching bigger jacket.

So, two suits: Two pants, two jackets.

Pair of jean shorts, Size 38.

A very large pair'a shorts, which I have no idea

what size this is, but they're -- this is a 3XL pair of

shorts.

1

210:42

310:42

410:42

510:42

610:42

7

810:43

910:43

1010:43

11

12

13

1410:43

1510:43

1610:43

1710:44

18

1910:44

20

2110:44

2210:44

2310:44

24

25


65



A size large pair of shorts.

MR. LENGYEL-LEAHU: Is that "UCLA"?

THE WITNESS: Yes, it is "UCLA."

(Displaying items:) Another pair of white shorts.

So that's four pairs of shorts.

So, I'm not an expert at this, but I believe this

to be Islamic garb.

MR. LENGYEL-LEAHU: You saw "Islamic" as if it's

just Islam. Arab's use those too; right?

THE WITNESS: Like I said, I'm not sure.

MR. LENGYEL-LEAHU: If you could just show us,

that might help. I meant as opposed to commentary.

THE COURT: Well, the record needs to reflect it's

something. It's a -- what, Counsel? What? Do you two want

to stipulate to a term?

MR. LENGYEL-LEAHU: It's a robe.

MS. HEINZ: Like a kaftan.

THE COURT: No. Counsel, you two have a private

conversation. Let's get some neutral word that's not

affronting to each of you. Then the jury can see what that

garb is. You can say "non-western" garb.

(Counsel confer.)

MR. LENGYEL-LEAHU: A kaftan.

THE COURT: A what?

MR. LENGYEL-LEAHU: A kaftan.10:46

110:44

210:45

310:45

410:45

5

610:45

7

810:45

9

1010:45

1110:45

12

1310:46

14

15

1610:46

1710:46

1810:46

19

20

21

2210:46

2310:46

2410:46

25


66



THE COURT: A what?

MR. LENGYEL-LEAHU: Kaftan.

THE COURT: I have no idea what that is.

MR. LENGYEL-LEAHU: That's what the government

wants to call it so --

THE COURT: Is that acceptable, Counsel?

MS. HEINZ: Yes, it is, Your Honor.

THE COURT: All right. The two prior were

kaftans. Okay.

THE WITNESS: (Displaying item:) I really have no

idea what this is. It's sewn on both sides.

MR. LENGYEL-LEAHU: Blue, square piece of cloth,

plaid pattern.

THE COURT: Okay.

THE WITNESS: (Displaying items:)

Collared-shirt, Size Large.

Another shirt, size extra large.

Another collared shirt, size large.

I don't see a size, but a button-up, long-sleeved

shirt.

MR. LENGYEL-LEAHU: Dress shirt.


So there was four collared shirts.

(Displaying items:) Sweatpants.

Second pair of sweatpants. 10:47

110:46

210:46

3

4

5

610:46

710:46

810:46

9

1010:46

11

1210:46

13

1410:47

1510:47

1610:47

1710:47

1810:47

1910:47

20

2110:47

2210:47

2310:47

2410:47

25


67



And a third pair of sweatpants.

Three pairs of underwear.

Sorry, I can't make out the size, but a T-shirt.

Looks a little dressier -- size large --

MR. LENGYEL-LEAHU: T-shirt.

THE WITNESS: Okay. (Displaying items:)

Size medium T-shirt.

Size large T-shirt.

Size large T-shirts.

I can't see the size, but -- T-shirt.

XL T-shirt.

Large T-shirt.

XL long-sleeved shirt.

And XL T-shirt.

This -- two pairs of new dress socks.

And this pair seems to be mismatched.

So that'd be two pairs and then two mismatched.

And then a white XL undershirt.


THE COURT: Leave those all on the floor. You

don't have to clean them up.

Counsel, your questions.

We'll get that during the recess. Okay?

MR. LENGYEL-LEAHU: Nothing further, Your Honor.

THE COURT: Ms. Corrigan, do you have questions on10:50

110:47

210:48

310:48

410:48

510:48

610:48

710:48

810:48

910:48

1010:49

1110:49

1210:49

1310:49

1410:49

1510:49

1610:49

1710:49

1810:49

1910:49

2010:49

21

2210:49

2310:49

2410:50

25


68



cross-examination?


THE COURT: Counsel, do you have questions on

redirect examination?

MS. HEINZ: I do, Your Honor.

(Witness resumes the stand.)

REDIRECT EXAMINATION

BY MS. HEINZ:

Q. Special Agent Ghetian, I'm going to refer you back to

the post-arrest interview on May 21st, 2015.

During that interview did Defendant Elhuzayel talk about

a person by the name of Abu Hussein?

MR. LENGYEL-LEAHU: Objection. Beyond the scope,

Your Honor.

MS. HEINZ: No. This goes to his questions about

whether or not Defendant Elhuzayel had contacts over --

THE COURT: I was just about to overrule the

objection, Counsel.

MS. HEINZ: I'm sorry, Your Honor. I'm sorry.



THE WITNESS: Would you mind rephrasing your

question?

MS. HEINZ: I -- I would.

1

210:50

310:50

4

510:50

610:50

710:50

810:50

910:51

10

1110:51

12

1310:51

14

1510:51

16

1710:51

18

1910:51

2010:51

2110:51

2210:51

23

2410:51

25


69



BY MS. HEINZ:

Q. Did you -- did Defendant Elhuzayel make statements

about a person named Abu Hussein?

A. He did.

Q. And did he talk about how he had contact with Abu

Hussein?

A. He did.


A. He was in contact with abuhussein3, which is a Surespot

account.

Q. And did he also make a statement about what he knew as

far as an what organization Abu Hussein was affiliated with?

A. Yes, he did.


A. He said he was a member of the Islamic State and

currently residing in the Islamic State.

Q. And did he say anything about whether or not Abu

Hussein knew that Defendant Elhuzayel was planning to

travel?

A. Yes.


A. Said he knew he wanted to go to the Islamic State.

Q. Did he say that Abu Hussein knew he was coming to the

Islamic State?

A. He knew he wanted to travel.10:53

110:51

210:51

3

410:52

510:52

6

710:52

810:52

910:52

10

1110:52

12

1310:52

1410:52

1510:52

16

1710:52

18

19

2010:52

2110:52

2210:52

2310:52

24

25


70



Q. And did he also say that he had already been in contact

with Abu Hussein?

MR. LENGYEL-LEAHU: Objection. Asked and

answered.


(To the witness:) You can answer the question.

THE WITNESS: Yes, he had been in contact with Abu

Hussein previously.

BY MS. HEINZ:

Q. Did he say what the subject matter of the contact was?

A. Yes.

Q. What was that?

A. He said abuhussein3 was the same person who inspired

Elton Simpson to conduct attacks at Garland, Texas, and that

he was very extreme, and that he wanted Nader Elhuzayel to

conduct attacks here in the United States, specifically on

someone who made a film about the Prophet Muhammad and lived

in the City of Riverside.

Q. And what did Defendant Hussain -- I'm sorry --

Defendant Elhuzayel say about how he reacted to that request

by Abu Hussein?

A. Yeah. He didn't want to do an attack here. He wants

to travel to the Islamic State.


No further questions.10:54

110:53

2

310:53

4

510:53

610:53

710:53

8

910:53

1010:53

1110:53

1210:53

1310:53

14

15

16

17

18

1910:54

20

21

2210:54

23

2410:54

25


71



THE COURT: Recross, Mr. Lengyel-Leahu, on behalf

of Mr. Elhuzayel?


RECROSS-EXAMINATION


Q. How many times did the name "Abu Hussein" come up in

the conversation in the interview?

A. Sir, are you asking me an exact count of how many times

we used the term "Abu Hussein"?

Q. You did review the interview, didn't you?

A. I did, sir.

Q. And you did review the transcript of the interview,

didn't you?

A. I did, sir.

Q. You only talked about "Abu Hussein" one time during

that entire three-and-a-half-hour interrogation; isn't that

true?

A. Sir, I didn't count every time I used every term in the

interview.

Q. Do you need time to refresh your recollection --


record.)


Q. Do you need time to review the transcription to

determine how many times during that interrogation that you

110:54

2

310:54

410:54

510:54

610:54

7

810:54

9

1010:54

1110:54

1210:54

13

1410:54

1510:54

16

17

1810:55

19

2010:55

2110:55

22

2310:55

2410:55

25


72



brought up the name "Abu Hussein," and in context?

(Verbatim.)

A. Sir, if you're asking me to answer "question" how many

times I used the term "Abu Hussein," I would need the

transcripts to actually answer your question.

THE COURT: Counsel, do you mean how many times he

says the word, or how many different portions of the

interview? That's what's potentially confusing.

MR. LENGYEL-LEAHU: How many times they referred

to the individual known as abuhussein3.

THE COURT: Okay.

(To the witness:) Can you answer that question?

THE WITNESS: Your Honor, I can't without the

transcripts. I didn't -- when I reviewed the transcripts, I

didn't count every time I used a term. So I fear that I

would answer the question inaccurately.


Q. Where in that transcript does he connect abuhussein3 to

Elton Simpson?

A. That would be, I mean -- answer like what page of the

transcripts?

Q. Sure.

A. I don't know if that's an exhibit I could -- if that

was provided to me, I could show you.

MR. LENGYEL-LEAHU: Volume II.10:56

1

2

310:55

4

5

610:55

7

8

910:55

10

1110:55

1210:55

1310:55

14

15

16

1710:56

1810:56

19

2010:56

21

2210:56

2310:56

24

25


73



MS. CORRIGAN: What page?

MR. LENGYEL-LEAHU: Volume II, page 12.

(Document provided to the witness.)

MS. HEINZ: Your Honor, would it be permissible

for the government to provide a page number?

THE COURT: Certainly.

MR. LENGYEL-LEAHU: 12.

THE COURT: Counsel, what page -- I'm sorry. I

was looking down, taking notes. My apologies.

Did you have a page put in front of you?

THE WITNESS: Your Honor, I did.

THE COURT: We need a page number, Counsel.

MR. LENGYEL-LEAHU: I gave him the whole

transcript of Volume II. It's page 12.

THE COURT: Page 12. Okay.

And what lines?

THE WITNESS: Actually, Your Honor, it starts on

page 11, line 23.

THE COURT: Okay. Thank you.

Page 11, line 23.

And, Counsel, your question.

MR. LENGYEL-LEAHU: I think he's reviewing the

transcript now, Your Honor.


Q. If you can look up when you're done.10:58

110:56

210:56

310:56

410:56

5

610:56

710:56

810:56

9

1010:57

1110:57

1210:57

1310:57

14

1510:57

1610:57

1710:57

18

1910:57

2010:57

2110:57

2210:57

23

2410:58

25


74



A. (Complies.)

Q. Just in relation to page 12 and -- and the subsequent

pages there, there was a conversation about Abu Hussein

during that part -- portion'a the conversation; is that

correct?

A. Yes, sir.

Q. And that was in relation to people that Nader had

contacted in the Islamic State; is that correct?

A. It was in relation to his Surespot account. People he

was in communication with --

Q. Exactly.

A. -- on Surespot. Abuhussein3, which later we refer to

"Abu Hussein," I think eight times, who was the individual

who was in the Islamic State that he was talking to.

Q. And the nature of that conversation was that Abu

Hussein had asked him to do something, something like a

killing, but Nader said he wasn't gonna do that; is that

correct?

A. That is correct.

Q. Okay. In the pages that you just reviewed, there is no

mention of Elton Simpson, is there?

A. Yeah. Sir, there is. Page 14, line 11.

Q. And what does it say?

A. Well, so he references --

Q. What does it say?10:59

110:58

210:58

3

4

5

610:58

710:58

8

910:58

10

1110:58

1210:58

13

14

1510:59

16

17

18

1910:59

2010:59

21

2210:59

2310:59

2410:59

25


75



A. Yeah. Sir, I'm trying to answer your question.

Q. Read it.

A. Starting what point, sir?

Q. The -- the point that you say is reference to Elton

Simpson.

A. Okay. I was trying to.

Okay. (Reading:)

"What did -- what did he want you to

do?"

That's me speaking.

"I mean he wanted me to like -- he's the

one that -- that actually, I think,

inspired what's his name, Atawaakul, to

actually --"


record.)

THE WITNESS: A-T-A, W-A-K-K-U-L (sic).

The relevance of that is earlier in the interview

we referred to Elton Simpson's Twitter account as

@atawaakul. So when he's talking to @atawaakul, he's

referring to Elton Simpson.

"The what -- what guy? Atawaakul that

one guy, yeah, Elton."

Ask of him: "Elton Simpson?"

Me saying, "Oh, Elton Simpson?" 11:00

110:59

210:59

310:59

410:59

5

610:59

710:59

810:59

9

1010:59

1110:59

12

13

14

1511:00

16

1711:00

1811:00

19

20

21

2211:00

23

2411:00

25


76



Elhuzayel responds: "Yeah."

Um, I ask him: "That guy?"

And he goes: "I think so; right."

I said -- and then I said, "Oh, yeah. Okay. Oh, I

don't know. You tell me."

And then Elhuzayel says, "Yeah. He's the first one

that actually posted on Twitter."


Nothing further, Your Honor.

THE COURT: And recross?

Ms. Corrigan, do you have any questions?

MS. CORRIGAN: Your Honor, may I just walk into

the well and take one quick look at the suitcase?

THE COURT: You may.

In fact, any counsel may walk into the well, as

long as these exhibits are on the floor, without asking.

Thank you.

MS. CORRIGAN: And, just for the record, I'm not

gonna move anything.

THE COURT: (To the jury:) Ladies and gentlemen,

you're welcome to stand up, if you want, and see what

counsel's doing and showing. (Verbatim.)

And the record should reflect that these items have

been laid out on the floor of the courtroom in the well.

It's just easier for counsel to refer to them and for the

111:00

211:00

311:00

411:00

5

611:00

7

811:00

911:00

1011:00

1111:00

1211:01

13

1411:01

1511:01

16

17

1811:01

19

2011:01

21

22

2311:01

24

25


77



jury to see the contents of the bag that was being referred

to.

CROSS-EXAMINATION

BY MS. CORRIGAN:

Q. Agent Ghetian, have you looked at the tag that's on the

suitcase that is Government's Exhibit --

Is it...?

THE COURT: It's 606, from memory.

MS. CORRIGAN: Thank you, Your Honor.

BY MS. CORRIGAN:

Q. -- 606?

A. Yes, ma'am, I did.

Q. And that tag indicates that the bag is booked all the

way through to Tel Aviv; correct?

A. Oh, I'm sorry. I thought you meant the tag on one of

the items of clothing.

So you're talking the tag --

Q. Yeah. The suitcase that's actually unpacked here,

that's sitting in the well.

THE COURT: And, Counsel, it's actually 607.

MS. CORRIGAN: 607.

THE COURT: I apologize.

The first Exhibit was 606.

And can 606 be received, Counsel?

MS. HEINZ: It's already in evidence.11:02

1

2

311:01

411:01

511:01

6

711:01

811:01

911:02

1011:02

1111:02

1211:02

1311:02

14

1511:02

16

1711:02

1811:02

19

2011:02

2111:02

2211:02

2311:02

2411:02

25


78



THE COURT: How about 607?

MS. CORRIGAN: It is, Your Honor.

THE COURT: My memory is it was.

MS. HEINZ: Yes.

MS. CORRIGAN: My record reflects that both items

were already in evidence.

THE COURT: Okay. This is 607. That was my

mistake. Thank you.

MS. CORRIGAN: Thank you.

THE WITNESS: Ma'am, I did not analyze that tag.

But I'm aware it was checked all the way through to

Tel Aviv.

BY MS. CORRIGAN:

Q. And so when you -- but, in looking at it, the tag does

indicate that there's gonna be transit -- um, there's a

transit tag from Istanbul to Tel Aviv on the -- I'll call it

the luggage sticker that's on -- that's adhered to the

suitcase; correct?

A. That -- would it be okay if I just went and looked at

it --

Q. Absolutely.

A. -- real quick?

Q. Absolutely.

A. And, my apologies. Would you mind restating your

question?

111:02

211:02

311:02

411:02

511:02

6

711:02

8

911:02

1011:02

1111:02

12

1311:02

1411:02

15

16

17

18

1911:03

20

2111:03

2211:03

2311:03

2411:03

25


79



Q. Sure. And you just looked at the tag that's adhered to

Exhibit 607, the large -- I'll call it the "roller

suitcase" -- that you just unpacked; correct?

A. Yes, ma'am.

Q. Okay. And on that tag, it doesn't say Tel Aviv, but it

does have some letters that would indicate that -- look like

something that would refer to Tel Aviv; correct?

A. Yes.

Q. And what are those? What -- would you agree that that

tag appears to indicate that the luggage would go from

Istanbul to Tel Aviv? It's checked all the way through?

A. Yes. It says, May 21st, Istanbul; May 22nd what

looks -- appears to be Tel Aviv.

MS. CORRIGAN: Thank you.

Nothing further.

THE COURT: Counsel, questions on redirect on

behalf of the government?

MS. HEINZ: No, Your Honor. Nothing further.

THE COURT: (To the witness:) I seriously doubt

that you'll be called back to court, but we're going to have

you remain on call, as we are all the other agents, so there

doesn't need to be any additional subpoenas.

THE WITNESS: Yes, Your Honor.

THE COURT: Thank you very much, sir. You may

step down.

111:03

2

3

411:03

511:03

6

7

811:04

911:04

10

11

1211:04

13

1411:04

1511:04

1611:04

17

1811:04

1911:04

20

21

22

2311:04

2411:04

25


80



THE WITNESS: Thank you, Your Honor.


THE COURT: And, Counsel, your next witness,

please.

MS. ELIOT: Your Honor, the government calls

William Braniff.


(Live reporter switch at 11:05 a.m.)

(Further proceedings reported by Deborah Parker

in Volume II.)

-oOo-

111:04

211:04

311:04

4

511:04

6

711:04

811:05

911:05

10

1111:05

1211:05

13

14

15

16

17

18

19

20

21

22

23

24

25


81



-oOo-

CERTIFICATE

I hereby certify that pursuant to Section 753,

Title 28, United States Code, the foregoing is a true and

correct transcript of the stenographically reported

proceedings held in the above-entitled matter and that the

transcript page format is in conformance with the

regulations of the Judicial Conference of the United States.

Date: March 28, 2017

/s/ Debbie Gale

_________________________________ DEBBIE GALE, U.S. COURT REPORTER CSR NO. 9472, RPR, CCRR

111:05

211:05

311:05

411:05

511:05

6

7

8

9

10

1111:05

1211:05

1311:05

1411:0511:05

1511:0511:05

1611:05

1711:05

18

19

20

21

22

23

24

25


1 DEBBIE GALE, US COURT REPORTER 8:15-CR-0060-DOC

Documents