IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION 

UNITED STATES OF AMERICA ( NUMBER 3: 04-240-G 

(

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VERSUS ( 

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HOLY LAND FOUNDATION, ET AL. ( October 9, 2007

__________________________________________________________

CHAMBERS CONFERENCE RE JURY NOTE

BEFORE THE HONORABLE A. JOE FISH

__________________________________________________________

A P P E A R A N C E S:

For the Government: MR. JIM JACKS

MR. BARRY JONAS

MS. ELIZABETH SHAPIRO

MR. NATHAN GARRETT

Assistant United States Attorney

UNITED STATES DEPARTMENT OF JUSTICE

NORTHERN DISTRICT OF TEXAS

U.S. Courthouse 

1100 Commerce Street

Dallas, Texas 75242

214/659-8600

For the Defendant Shukri Baker:

MS. NANCY HOLLANDER 

MS. TERESA DUNCAN

FREEDMAN BOYD DANIELS 

HOLLANDER 

20 First Plaza, Suite 700 

Albuquerque, NM 87102

505/842-9960 

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UNITED STATES DISTRICT COURT

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For the Defendant El-Mezain:

MR. JOSHUA DRATEL

MR. AARON J. MYSLIWIEC

LAW OFFICE OF JOSHUA L. DRATEL

14 Wall Street, 28th Floor

New York, NY 10005

212/732-0707 

For the Defendant Mufid Abdulqader:

MS. MARLO CADEDDU

LAW OFFICE OF MARLO P. CADEDDU

3232 McKinney Avenue, Suite 700

Dallas, Texas 75204

214/744-3015 

For the Defendant Elashi:

MS. LINDA MORENO

LAW OFFICE OF LINDA MORENO

PO BOX 10985 

Tampa, Florida 33679

813-247-4500 

MR. JOHN D. CLINE 

Jones Day 

555 California St 

26th Floor 

San Francisco, CA 94104-1500 

415/875-5812 

For the Defendant Odeh:

MR. GREG WESTFALL

WESTFALL PLATT CUTRER

Mallick Tower

One Summit Avenue, Suite 910

Fort Worth, Texas 76102

817/877-1700

Court Reporter: Cassidi L. Casey, CSR No. 1703

1100 Commerce Street, Rm 15D6L

Dallas, Texas 75242

214-254-3139

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P R O C E E D I N G S:

THE COURT: As you have been informed, we 

received a note from the foreperson of jury a short while 

ago which I don't have in front of me, but it asked in 

essence, what do we do when a juror refuses to vote. And 

so I asked that note to be distributed to counsel, and I 

seek your advice as to what we should do next. 

MR. WESTFALL: Your Honor, it may be time to 

issue the Allen charge that's in the Pattern Fifth Circuit 

Instructions. I think we have at this -- This is our 

ninth day, and I think the language in that Allen charge 

is very helpful at redirecting what they should do. This 

is a little bit different than the last note. It's 

totally unspecific. And we think that's probably the 

logical next step. 

MR. JACKS: Judge, I don't think we're at that 

stage yet. I think this sounds like it fits the 

definition of not deliberating, but I'm not sure what the 

law is, to be honest with you. I'm not up to speed on it 

in terms of what kind of a record the Court has to have --

MS. HOLLANDER: I'm so sorry to interrupt. I'm 

questioning why Agent Burns is here. This is just 

attorneys. 

THE COURT: I don't know. Would you excuse us, 

Agent Burns? 

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MS. BURNS: Absolutely. 

THE COURT: Go ahead, Mr. Jacks. 

MR. JACKS: As I said, I'm not up to speed on 

what the law requires in terms of what the record shows 

when a jury refuses to deliberate and whether -- I know 

there has been some discussion about going forward with 

eleven or bringing in an alternate. But I just think it's 

a little bit unclear right now about what this -- This 

note is pretty terse. So we don't know exactly what the 

situation is. 

MR. JONAS: Mr. Westfall said we're in the ninth 

day; we're in the fifth day. 

THE COURT: I was going to say we had to start 

over. So that's probably overcounting. 

MR. WESTFALL: My body tells me it's nine. 

MS. MORENO: For eleven of the jurors, we're in 

the ninth day. 

MR. JONAS: Well, it's important for the Allen 

charge. That's why I raised it. 

THE COURT: Well, we're near the noon recess. I 

don't think I want to do anything precipitously. Now that 

I have your views, I think I want to think about it and do 

some research over the noon hour, and if you think of any 

information or research I should consider, please give it 

to me by one o'clock which is when with they go back to 

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their deliberations. 

MS. MORENO: Your Honor, I'm not sure what 

relief the government is requesting. 

MR. JACKS: Time to look at the law. 

MS. HOLLANDER: So you don't want to do anything 

at this point? 

MR. JACKS: And then when we find out what the 

law is, probably have the Court either question this juror 

and see what the problem is or that's, right now, all I 

can think of. 

MR. WESTFALL: We'll both do research. 

MS. HOLLANDER: Your Honor, would it be possible 

for us to all research and come back together? 

THE COURT: Sure. We may all have different 

ideas. 

THE COURT: What time do you think we should aim 

to reconvene? 

MS. HOLLANDER: 12:45. 

THE COURT: 12:45 would be ideal in my mind 

because that would give us time to talk about it and reach 

a decision by one o'clock, but I recognize that's not too 

far from now. So there is not a lot of time to research 

or reflect on it in the meantime. 

MR. WESTFALL: We'll see what we can do. 

(Recess)

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THE COURT: Is everybody here who's going to be 

here? 

MR. WESTFALL: I think we are. 

MS. HOLLANDER: I think we do. 

THE COURT: Since we were last together, Ms. 

Piwoni gave me an e-mail that she received from Mr. Jacks 

enclosing some cases that the government had found on the 

issue of releasing a juror and/or going forward with 

eleven jurors, and she just handed me one from Ms. Cadeddu 

that also has cases. I have seen these just a few minutes 

ago, and so I have not had a chance to review the cases 

themselves. In Mr. Jacks's letter, he says he believes 

the appropriate course of action is for the Court to 

interview the foreperson and the juror in question 

separately to determine more about the nature of the 

problem. 

Anyone else have any thoughts about that? 

MR. WESTFALL: Your Honor, I don't think that 

we're at that point. The Edwards case -- which is one 

that we cited -- out of the Fifth Circuit, it speaks to 

that issue and incorporates some other cases from outside 

the circuit but definitely approves their language, and 

the mine field that we start to get into is intrusion into 

the deliberative process, and I think this note leaves the 

doorway open for that. It's completely different than the 

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Sylvester Holmes note. Can I read you just a little bit 

of language? 

THE COURT: Yes. 

MR. WESTFALL: We're on 733 of the case. In 

Edwards, we had a juror who did quite a bit of juror 

misconduct and ultimately was removed for those reasons, 

and the judge made a particular finding and investigation 

as to the fact that this person, Juror Number 68, was not 

being released because of his or her views of evidence but 

because of the misconduct, including lying to the Court. 

And what the Fifth Circuit did there was to distinguish 

that set of facts from the set of facts which I think we 

have which is a juror -- this vague note about the juror 

refusing to vote. And I don't know why the juror is 

refusing to vote. And what the case says is the case is 

subject to the reasonable probability rule. "In general, 

questions of juror bias or competence focus on some event 

that's both easily identifiable and subject to 

investigation and findings without intrusion into the 

deliberative process." I think that is exactly the 

situation we have with Sylvester Holmes. I think we have 

the opposite situation here where we are subject to the 

reasonable probability rule. And what that says is if 

there is any reasonable probability that this juror's 

attitude is based upon the sufficiency of evidence, one 

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way or the other, then that juror cannot be dismissed or 

released. And quite frankly, getting into that is a mine 

field that should be approached with a tremendous amount 

of trepidation. I think that's kind of the situation that 

we're in right now, that we're poised to get into that 

deliberative process and that the government's cases don't 

really address that. A couple of them are cases where the 

juror became impaired because of mental illness or some 

sort of a handicap during deliberations. But we have a 

situation here where we are poised to truly enter into the 

deliberative process. I think the safe route would be to 

go ahead and issue an Allen charge and tell them to 

continue their deliberations, give them some guidance on 

how to look at the evidence, and if we get some specific 

note thereafter that says juror so and so is just not 

going to decide this case or something more specific than 

what happens if a juror refuses to vote, there is only one 

way that that could be a reason to remove, and there is 

almost innumerable that that could not be a reason to 

remove -- not ready to vote because they haven't discussed 

it enough, not ready to vote because they don't like the 

way the other jurors are treating them. All of those 

reasons would have to do with the sufficiency of the 

evidence and not some improper reason that amounts to 

refusing to follow the Court's instructions. You know, it 

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has been five days, but you know for eleven of those 

people it's been nine days, and I just think that an Allen 

charge from the Court would be the safest and probably the 

most expeditious route. 

MR. JACKS: Judge, I don't think an Allen charge 

is appropriate at this time because in my experience an 

Allen charge is given when the jury has said we're 

deadlocked and we can't break that log jam, and then an 

Allen charge is given. They are not saying that, and they 

haven't, much to the frustration of a lot of people. They 

have been back there quietly deliberating for several 

days. This is the first peep we have heard out of them 

for five days. I don't know. I understand what Mr. 

Westfall is talking about in terms of the Court having to 

be cautious about asking a question that gets over into 

the deliberative process, but we also I think have an 

obligation to try to answer their question if we can, and 

I think an Allen charge is not the answer. It's not -- 

They are not coming back and saying we are deadlocked and 

we cannot go any further. 

So that being said, we've got this question 

that's been posed to us, and we don't know enough -- The 

Court doesn't know enough to really answer the question, 

and I think it's appropriate to make some kind of limited 

inquiry to find out what is the situation that is meant to 

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be reflected in this note. And you know, I agree that the 

Court should probably -- when they talk to either the 

foreperson -- And our suggestion is to talk to the 

foreperson since she's the one that wrote this note. 

Caution her. Look, I don't want to talk about where you 

are or anything like that. I'm trying just to answer your 

question. And perhaps just have some prepared questions 

to ask her and then go from there. I was sitting here a 

few minutes ago thinking about what kind of questions 

could you ask that would not be intruding into the 

deliberative process, and just you know, has this person 

voted in the past or I think there are questions the Court 

can ask which will shed some light on this situation, and 

as I said, I don't think an Allen charge is called for, 

but I don't think to ignore this and tell them to keep 

going is serving any purpose either. 

MR. WESTFALL: Your Honor, on that last thing 

Mr. Jacks said, that probably is an option to submit an 

instruction to the jury saying continue your deliberations 

and refer them to the last part of the charge that refers 

to listening to each other and deliberating. 

THE COURT: I don't have the note in front of 

me. Again, could I borrow your copy to refresh my 

recollection of what it said? 

 MS. SHAPIRO: Your Honor, the Fifth Circuit 

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cites a case called United States versus Baker which is a 

Second Circuit, but it's cited by the Fifth Circuit in 

United States versus Naji, and the Baker cite is 262 F 3rd 

124, Second Circuit 2000, and in this case they talk about 

the issue of the line that the Court needs to be aware of 

in terms of probing the jury, but it concludes that it's 

appropriate to make the inquiry when there is a juror who 

may be refusing to deliberate, and it talks about that 

circumstance. So I think the cases in the Fifth Circuit 

certainly seem to say it's important to have a record to 

make the determination of whether it's truly a refusal to 

deliberate or participate in the process versus something 

that's connected to the evidence. 

MR. WESTFALL: Out of curiosity, is that a 

published case? 

MS. SHAPIRO: The Baker case is published. Naji 

is not. 

MR. WESTFALL: The Fifth Circuit case is not. 

MS. HOLLANDER: I'm not sure that I disagree 

with Ms. Shapiro if we get to that point. In one of these 

cases -- and I read them pretty fast. And I think it was 

the Thomas case where it went through the litany the judge 

had asked. I could be wrong because I read this fast, but 

I think it was reversed because the judge got into the 

discussion, and the juror said, Well, I don't like that 

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law, and if I'd known that was what it was, I would never 

have agreed to serve. That clearly got into the jury 

process and the sufficiency of evidence. And it's the one 

thing, as Mr. Westfall said, to avoid at all costs. 

 MS. SHAPIRO: And Baker discusses that case as 

falling on the other side of the line. 

MS. HOLLANDER: That's where we don't want to 

be. You would be asking the question, so where you don't 

want to be. And it's very hard to ask the questions and 

have absolutely no doubt, and I believe Edwards said there 

can be no doubt that the issue -- before the Court removes 

a juror that the issue doesn't have to do with that 

juror's weighing of the evidence. But it seems to me -- 

And I agree with Mr. Westfall, there is no -- nothing to 

be lost by telling them what the modified Allen charge -- 

1.45 which is the Fifth Circuit's pattern Allen 

charge says, which tells them you have to try to reach a 

verdict, and if you give them that Allen charge and they 

come back, you know, and say we still got a juror who 

refuses to vote, then I think it's time to go to the next 

step. 

MR. GARRETT: As Mr. Jacks says, I do think that 

accepts that votes are being cast. Here someone is saying 

I'm not going to participate in the process. The question 

becomes whether that juror is incapacitated -- physically 

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mentally, emotionally -- or saying I'm not going to vote, 

which is all the same result. If the Court would in its 

remarks to the juror in the beginning preface it by saying 

these are things I do not want to discuss or want you to 

remark on, but going back to can you consider the 

evidence, cast a vote and render a decision in this case, 

can you serve the fundamental requirements of a juror. 

And yes or no. And if the answer is, no, I can't, then I 

think we're at the point we can reach a decision on the 

incapacitation. 

MS. HOLLANDER: It's not necessarily 

incapacitation, though. 

MR. WESTFALL: We're all sitting around the 

table speculating about what the juror means by this note 

and what can we do. And Edwards says a trial judge may 

not be able to assess the competence without exposing the 

juror's views. So it's the penetration into the secrecy 

of the deliberations that is going to suffer by us 

satisfying our curiosity. 

THE COURT: What if the note means what it says, 

that this person is sitting in the corner and refusing to 

participate? 

MR. DRATEL: We don't know why. 

MS. MORENO: And he may want more deliberation. 

This is the school teacher. I'm sure she is 

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choosing her words carefully. Perhaps he or she wants 

more deliberation, and if you Allen charge them, that 

would remedy that issue and concern and would avoid the 

pitfalls the court is facing if you go into any --

MR. GARRETT: Are you suggesting it's a pitfall 

if the juror says I want more time to deliberate? 

MR. DRATEL: We don't know that's the answer. I 

would articulate it this way. All the cases, the cases 

cited by the government -- Regardless of which side of the 

line they fall on, all of the cases stand for the 

proposition that an inquiry into the deliberative process 

is a last resort. We haven't gotten to the first resort. 

It would be turning the whole legal framework as presented 

in these cases upside down to use the last resort first. 

THE COURT: I have never heard the Allen charge 

referred to as a first resort. 

MR. DRATEL: If you are trying to avoid the 

deliberative process and intruding on it, it is certainly 

a prior resort to bringing in a juror and getting into 

those questions. You know, I don't see how you fashion a 

set of questions that doesn't get into it. 

 MS. SHAPIRO: What all the cases agree on is 

there needs to be a factual record. In each case the 

judge went back -- 

MR. DRATEL: Not necessarily. Some of the cases 

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the judge did other things first. The judge re-instructed 

the juror. The judge did other things in some of the 

cases. 

THE COURT: I wanted to refresh my memory what 

the modified Allen charge says because it's been a while 

since I have given it. 

I'll have to say this issue is really 

unprecedented in my experience, and I have not really 

found clear guidance in the case law which I did look at 

some myself before I received your e-mails, and I have not 

had a chance, as I said earlier, to go through the cases 

that the parties have cited. But it does seem to me it's 

going to be difficult if I interview the foreperson and/or 

the juror who's the subject of this note to fashion 

questions that do not even inadvertently intrude into the 

deliberative process of the jury. So it does seem to me 

that probably the conservative thing to do is to give this 

modified Allen charge. So I think that's what I will do 

as soon as we can bring the jury back into the courtroom. 

This is probably something that I think the defendants 

themselves would need to be present for. So we need to 

assemble them, if they are not there. 

I also needed to let counsel know -- I was 

thinking of getting you all together even before the note 

came today. Since we don't know how long the jury will be 

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deliberating, I need to tell you something about my 

schedule because I am going to be out of pocket myself 

some in the near future, and this week it's fairly 

minimal. Tomorrow afternoon at three I have a meeting 

that will probably last an hour or two. So if we get a 

note there may be some delay in my responding to it. 

Friday I'm supposed to preside over an annual award 

ceremony for our court employees in Dallas. I'll probably 

be out of pocket thirty minutes to an hour for that. If 

the jury is still going on Friday of next week, there is a 

similar award ceremony in Fort Worth. So I will probably 

be gone all afternoon for that, and then the following 

week I'm out of town every day but Friday. So if the jury 

is still going by then, I need you to be thinking about 

whether we recess the jury, whether I try to handle the 

questions by telephone or bring in a magistrate judge or 

one of the other district judges or what you would like me 

to do. 

MS. HOLLANDER: And my understanding Monday is a 

holiday. 

THE COURT: Yes. 

MR. WESTFALL: That would be opposed to thinking 

about flinging myself off a bridge. 

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C E R T I F I C A T I O N

I, Cassidi L. Casey, certify that during the 

proceedings of the foregoing-styled and -numbered cause, I 

was the official reporter and took in stenotypy such 

proceedings and have transcribed the same as shown by the 

above and foregoing Pages 1 through 17 and that said 

transcript is true and correct.

I further certify that the transcript fees and format 

comply with those prescribed by the court and the Judicial 

Conference of the United States.

s/Cassidi L. Casey

_______________________________

CASSIDI L. CASEY

UNITED STATES DISTRICT REPORTER

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

CSR NUMBER 1703

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< Dates >

October 9, 2007 1:11

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< A >

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6:15, 6:17, 7:13, 9:14, 9:15, 

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Albuquerque 1:45

All 5:9, 5:13, 5:14, 8:22, 

12:4, 13:2, 13:13, 14:8, 

14:10, 14:22, 15:24, 16:12

Allen 3:9, 3:11, 4:18, 8:12, 

9:2, 9:5, 9:7, 9:9, 9:18, 10:14, 

12:15, 12:16, 12:18, 14:2, 

14:15, 15:5, 15:18

almost 8:19

also 6:10, 9:16, 15:23

alternate 4:7

am 16:2

AMERICA 1:5

amount 8:3

amounts 8:24

an 4:7, 6:6, 8:12, 9:2, 9:5, 

9:6, 9:8, 9:16, 9:18, 10:14, 

10:18, 14:11, 16:5, 16:7, 16:9

and/or 6:8, 15:13

annual 16:7

answer 9:17, 9:18, 9:23, 

10:6, 13:8, 14:7

any 4:23, 6:17, 7:24, 9:20, 

10:16, 14:4

Anyone 6:17

anything 4:21, 5:5, 10:6

approached 8:3

appropriate 6:13, 9:6, 9:24, 

11:7

approves 6:22

Are 6:3, 7:22, 8:7, 8:10, 8:22, 

9:9, 9:19, 10:6, 10:12, 12:23, 

13:4, 14:5, 14:17, 15:22

around 13:13

articulate 14:8

As 3:2, 3:7, 4:3, 7:8, 10:14, 

12:4, 12:5, 12:22, 14:13, 

14:16, 15:11, 15:19, 17:6

ask 10:8, 10:10, 10:13, 12:9

asked 3:4, 3:6, 11:23

asking 9:15, 12:8

assemble 15:22

assess 13:16

Assistant 1:28

attitude 7:25

Attorney 1:28

attorneys 3:23
Avenue 2:16, 2:41

avoid 12:4, 14:3, 14:17

award 16:7, 16:11

aware 11:5

< B >

back 4:25, 5:13, 9:11, 9:19, 

12:19, 13:5, 14:24, 15:19

Baker 1:37, 11:1, 11:3, 

11:16, 12:5

BARRY 1:25

based 7:25

became 8:8

becomes 12:25

beginning 13:3

believe 12:10

believes 6:12

bias 7:17

bit 3:13, 4:8, 7:1, 7:5

body 4:15

borrow 10:23

BOX 2:24

BOYD 1:42

break 9:8

bridge 16:23

bring 15:19, 16:16

bringing 4:7, 14:19

BURNS 3:22, 3:25, 4:1

< C >

CA 2:32

Cadeddu 2:14, 2:15, 6:9

California 2:30

called 10:14, 11:1

carefully 14:1

case 6:19, 7:4, 7:15, 8:16, 

11:1, 11:4, 11:15, 11:16, 

11:18, 11:22, 12:5, 13:6, 

14:23, 15:9

cases 6:7, 6:10, 6:11, 6:21, 

8:6, 8:7, 11:9, 11:21, 14:8, 

14:10, 14:14, 14:22, 14:25, 

15:3, 15:11

CASEY 2:46, 17:3, 17:15, 

17:17

CASSIDI 2:46, 17:3, 17:17

cast 12:23, 13:6

cause 17:4

Caution 10:5

cautious 9:15

ceremony 16:8, 16:11

certainly 11:10, 14:18

certify 17:3, 17:10

CHAMBERS 1:16

chance 6:11, 15:11

charge 3:9, 3:11, 4:19, 8:12, 

9:3, 9:5, 9:7, 9:9, 9:18, 10:14, 

10:20, 12:15, 12:17, 12:18, 

14:2, 14:15, 15:5, 15:18

choosing 14:1

Circuit 3:9, 6:20, 6:22, 7:11, 

10:25, 11:2, 11:4, 11:9, 

11:18, 12:16

circumstance 11:9

cite 11:3

cited 6:20, 11:2, 14:9, 15:12

cites 11:1

clear 15:9

clearly 12:2

CLINE 2:28

coming 9:19

Commerce 1:32, 2:47

competence 7:17, 13:16

completely 6:25

comply 17:11

concern 14:3

concludes 11:6

Conference 1:16, 17:12

connected 11:13

conservative 15:17

consider 4:24, 13:5

continue 8:13, 10:19

copy 10:23

corner 13:21

correct 17:8

costs 12:4

counsel 3:6, 15:23

couple 8:7

course 6:13

COURT 1:1, 2:46, 3:2, 3:20, 

3:24, 4:2, 4:13, 4:20, 5:8, 

5:14, 5:16, 5:19, 6:1, 6:5, 

6:13, 7:3, 7:10, 8:25, 9:3, 

9:14, 9:23, 10:2, 10:12, 

10:22, 11:5, 12:11, 13:2, 

13:20, 14:4, 14:15, 15:4, 

16:8, 16:21, 17:11

Courthouse 1:31

courtroom 15:19

CSR 2:46, 17:21

curiosity 11:14, 13:19

CUTRER 2:39

< D >

D. 2:28

DALLAS 1:3, 1:33, 2:17, 

2:48, 16:8, 17:20

DANIELS 1:42

Day 2:29, 3:11, 4:12, 4:17, 

16:13

days 9:1, 9:2, 9:12, 9:13

deadlocked 9:8, 9:19

decide 8:16

decision 5:21, 13:6, 13:9

Defendant 1:37, 2:1, 2:11, 

2:20, 2:35

defendants 15:20

definitely 6:22

definition 3:18

delay 16:6

deliberate 4:5, 11:8, 11:12, 

14:6

deliberating 3:18, 9:11, 

10:21, 16:1

deliberation 13:24, 14:2

deliberations 5:1, 8:9, 8:13, 

10:19, 13:18

deliberative 6:24, 7:20, 8:6, 

8:11, 9:16, 10:11, 14:11, 

14:18, 15:16

DEPARTMENT 1:29

determination 11:11

determine 6:15

different 3:13, 5:14, 6:25

difficult 15:13

disagree 11:19

discuss 13:4

discussed 8:20

discusses 12:5

discussion 4:6, 11:25

dismissed 8:1

distinguish 7:11

distributed 3:6

DISTRICT 1:1, 1:2, 1:30, 

16:17, 17:18, 17:19

DIVISION 1:3, 17:20

doorway 6:25
doubt 12:10, 12:11

down 14:14

DRATEL 2:3, 2:5, 13:23, 

14:7, 14:17, 14:25

DUNCAN 1:41

during 8:9, 17:3

< E >

e-mail 6:6

e-mails 15:10

earlier 15:11

easily 7:18

Edwards 6:19, 7:5, 12:10, 

13:15

either 5:8, 10:2, 10:16

El-mezain 2:1

Elashi 2:20

eleven 4:7, 4:16, 6:9, 9:1

ELIZABETH 1:26

emotionally 13:1

employees 16:8

enclosing 6:7

enough 8:21, 9:22, 9:23

enter 8:10

essence 3:5

ET 1:11

event 7:17

everybody 6:1

evidence 7:9, 7:25, 8:14, 

8:24, 11:13, 12:3, 12:13, 13:6

exactly 4:9, 7:20

excuse 3:24

expeditious 9:4

experience 9:6, 15:8

exposing 13:16

< F >

facing 14:4

fact 7:8

facts 7:12

factual 14:23

fairly 16:3

fall 14:10

falling 12:6

far 5:22

fashion 14:20, 15:14

fast 11:21, 11:23

fees 17:10

few 6:10, 10:9

field 6:23, 8:3

Fifth 3:9, 4:12, 6:20, 7:11, 

10:25, 11:2, 11:9, 11:18, 

12:16

find 5:7, 9:25

finding 7:7

findings 7:19

First 1:44, 9:12, 14:12, 

14:14, 14:16, 15:1

FISH 1:17

fits 3:17

five 9:1, 9:13

flinging 16:23

Floor 2:6, 2:31

Florida 2:25

focus 7:17

follow 8:25

following 16:12

foregoing 17:7

foregoing-styled 17:4

foreperson 3:3, 6:14, 10:3, 

10:4, 15:13

format 17:10

Fort 2:42, 16:11

forward 4:6, 6:8

found 6:7, 15:9

FOUNDATION 1:11

framework 14:13

Francisco 2:32

frankly 8:2

FREEDMAN 1:42

Friday 16:7, 16:10, 16:13

front 3:4, 10:22

frustration 9:10

fundamental 13:7

future 16:3

< G >

GARRETT 1:27

gave 6:6

general 7:16

gets 9:15

getting 8:2, 14:19, 15:24

give 4:24, 5:20, 8:13, 12:18, 

15:17

given 9:7, 9:9, 15:6

gotten 14:12

Government 1:24, 5:3, 6:7, 

8:6, 14:9

GREG 2:38

guidance 8:13, 15:9

< H >

handed 6:9

handicap 8:9

handle 16:15

happens 8:17

hard 12:9

heard 9:12, 14:15

helpful 3:12

holiday 16:20

HOLLANDER 1:40, 1:43, 

3:21

Holmes 7:1, 7:21

HOLY 1:11

honest 3:19

Honor 3:8, 5:2, 5:12, 6:18, 

10:17, 10:25

HONORABLE 1:17

hour 4:23, 16:5, 16:9

< I >

ideal 5:19

ideas 5:15

identifiable 7:18

ignore 10:15

illness 8:8

impaired 8:8

important 4:18, 11:10

improper 8:24

inadvertently 15:15

incapacitated 12:25

incapacitation 13:10, 13:12

including 7:10

incorporates 6:21

information 4:24

informed 3:2

innumerable 8:19

inquiry 9:25, 11:7, 14:11

instruction 10:19

Instructions 3:10, 8:25

interrupt 3:21

interview 6:14, 15:13

intrude 15:15

intruding 10:10, 14:18

intrusion 6:23, 7:19
investigation 7:7, 7:19

issue 3:9, 6:8, 6:21, 8:12, 

11:5, 12:11, 12:12, 14:3, 15:7

< J >

J. 2:4

Jacks 1:24, 4:2, 6:6, 6:12, 

10:18, 12:22

jam 9:8

JIM 1:24

JOE 1:17

JOHN 2:28

JONAS 1:25

Jones 2:29

JOSHUA 2:3, 2:5

Judge 3:16, 7:7, 9:5, 11:22, 

11:24, 13:15, 14:24, 15:1, 

15:2, 16:16

judges 16:17

Judicial 17:11

Juror 3:5, 5:8, 6:8, 6:14, 7:5, 

7:8, 7:13, 7:14, 7:17, 7:24, 

8:1, 8:8, 8:15, 8:17, 11:7, 

11:25, 12:12, 12:13, 12:19, 

12:25, 13:3, 13:7, 13:14, 

13:17, 14:6, 14:19, 15:2, 

15:14

jurors 4:16, 6:9, 8:22

JURY 1:16, 3:3, 4:5, 9:7, 

10:19, 11:6, 12:2, 15:16, 

15:19, 15:25, 16:10, 16:13, 

16:15

JUSTICE 1:29

< K >

keep 10:15

kind 3:20, 8:4, 9:24, 10:9

known 12:1

< L >

L. 2:5, 2:46, 17:3, 17:15, 

17:17

LAND 1:11

language 3:11, 6:22, 7:2

last 3:13, 6:5, 10:17, 10:20, 

14:12, 14:14, 16:5

LAW 2:5, 2:15, 2:23, 3:19, 

4:4, 5:4, 5:8, 12:1, 15:9

leaves 6:24

legal 14:13

letter 6:12

light 10:13

limited 9:24

LINDA 2:22, 2:23

line 11:5, 12:6, 14:10

listening 10:21

litany 11:22

little 3:13, 4:8, 7:1

log 9:8

logical 3:15

long 15:25

Look 5:4, 8:14, 10:5, 15:9

lost 12:15

lot 5:22, 9:10

lying 7:10

< M >

magistrate 16:16

Mallick 2:40

MARLO 2:14, 2:15

Mckinney 2:16

means 13:14, 13:20

meant 9:25

meantime 5:23

meeting 16:4

memory 15:4

mental 8:8

mentally 13:1

mind 5:19

mine 6:23, 8:2

minimal 16:4

minutes 6:10, 10:9, 16:9

misconduct 7:6, 7:10

modified 12:15, 15:5, 15:18

Monday 16:19

MORENO 2:22, 2:23, 5:2

MR. GARRETT 12:22, 14:5

MR. JACKS 3:16, 4:3, 5:4, 

5:7, 9:5

MR. JONAS 4:11, 4:18

MR. WESTFALL 3:8, 4:15, 

5:11, 5:24, 6:18, 7:4, 10:17, 

11:14, 11:18, 13:13, 16:22

Ms. 1:26, 1:40, 1:41, 2:14, 

2:22, 3:21, 4:1, 5:2, 6:5, 6:9, 

11:20

MS. HOLLANDER 5:5, 5:12, 

5:18, 6:4, 11:19, 12:7, 13:11, 

16:19

MS. MORENO 4:16, 13:24

MS. SHAPIRO 10:25, 11:16, 

12:5, 14:22

Mufid 2:11

myself 15:10, 16:2, 16:23

MYSLIWIEC 2:4

< N >

Naji 11:3, 11:16

NANCY 1:40

NATHAN 1:27

nature 6:15

near 4:20, 16:3

necessarily 13:11, 14:25

need 15:21, 16:1, 16:14

needed 15:23

needs 11:5, 14:23

New 2:7

next 3:7, 3:15, 12:20, 16:10

nine 9:2

nine. 4:15

ninth 3:11, 4:11, 4:17

NM 1:45

noon 4:20, 4:23

NORTHERN 1:2, 1:30, 17:19

NOTE 1:16, 3:3, 3:6, 3:13, 

4:9, 6:24, 7:1, 7:13, 8:15, 

10:1, 10:4, 10:22, 13:14, 

13:20, 15:14, 15:24, 16:6

nothing 12:14

NUMBER 1:5, 7:8, 17:21

NY 2:7

< O >

o'clock 4:25, 5:21

obligation 9:17

Odeh 2:35

OFFICE 2:5, 2:15, 2:23

official 17:5

One 2:41, 4:25, 5:21, 6:9, 

6:19, 7:25, 8:17, 10:4, 11:20, 

12:3, 16:17

open 6:25

opposed 16:22

opposite 7:22
option 10:18

outside 6:21

overcounting 4:14

< P >

P. 2:15

Pages 17:7

part 10:20

participate 11:12, 12:24, 

13:22

particular 7:7

parties 15:12

past 10:12

Pattern 3:9, 12:16

peep 9:12

penetration 13:17

people 9:2, 9:10

Perhaps 10:7, 14:1

person 7:8, 10:11, 13:21

physically 12:25

pitfall 14:5

pitfalls 14:4

Piwoni 6:6

PLATT 2:39

Plaza 1:44

please 4:24

PO 2:24

pocket 16:2, 16:9

point 5:6, 13:9

point. 6:19, 11:20

poised 8:5, 8:10

posed 9:22

possible 5:12

precipitously 4:21

preface 13:3

prepared 10:7

prescribed 17:11

present 15:21

presented 14:13

preside 16:7

pretty 4:9, 11:21

prior 14:19

probability 7:16, 7:23, 7:24

probably 3:14, 4:14, 5:8, 9:3, 

10:2, 10:18, 15:17, 15:20, 

16:5, 16:8, 16:11

probing 11:6

problem 5:9, 6:16

proceedings 17:4, 17:6

process 6:24, 8:6, 8:11, 

9:16, 10:11, 11:12, 12:3, 

12:24, 14:11, 14:18, 15:16

process. 7:20

proposition 14:11

published 11:15, 11:16

purpose 10:16

< Q >

question 5:8, 6:14, 9:15, 

9:17, 9:21, 9:23, 10:7, 12:8, 

12:24

questioning 3:22

questions 7:17, 10:7, 10:9, 

10:12, 12:9, 14:20, 14:21, 

15:15, 16:16

quietly 9:11

quite 7:5, 8:2

< R >

raised 4:19

RE 1:16

re-instructed 15:1

reach 5:20, 12:17, 13:9

read 7:1, 11:21, 11:23

ready 8:20, 8:21

really 8:7, 9:23, 15:7, 15:8

reason 8:18, 8:19, 8:24

reasonable 7:16, 7:23, 7:24

reasons 7:6, 8:23

received 3:3, 6:6, 15:10

Recess 4:20, 5:25, 16:15

recognize 5:21

recollection 10:24

reconvene 5:17

record 3:20, 4:4, 11:10, 

14:23

redirecting 3:12

refer 10:20

referred 14:16

refers 10:20

reflect 5:23

reflected 10:1

refresh 10:23, 15:4

refusal 11:11

refuses 3:5, 4:5, 8:17, 12:20

refusing 7:14, 7:15, 8:25, 

11:8, 13:21

Regardless 14:9

released 7:9, 8:2

releasing 6:8

relief 5:3

remark 13:5

remarks 13:3

remedy 14:3

remove 8:18, 8:20

removed 7:6

removes 12:11

render 13:6

REPORTER 2:46, 17:5, 

17:18

requesting 5:3

requirements 13:7

requires 4:4

research 4:23, 4:24, 5:11, 

5:13, 5:22

resort 14:12, 14:14, 14:16, 

14:19

responding 16:6

result 13:2

reversed 11:24

review 6:11

Rm 2:47

route 8:11, 9:4

rule 7:16, 7:23

< S >

s/cassidi 17:15

safe 8:11

safest 9:3

San 2:32

satisfying 13:19

saying 9:9, 9:19, 10:19, 

12:23, 13:1, 13:3

says 6:12, 7:15, 7:23, 8:15, 

12:17, 12:22, 13:15, 13:20, 

14:6, 15:5

schedule 16:2

school 13:25

Second 11:2, 11:4

secrecy 13:17

seek 3:7

seem 11:10, 15:12, 15:16

seems 12:13

seen 6:10

separately 6:15

serve 12:2, 13:7
serving 10:16

set 7:12, 14:21

several 9:11

Shapiro 1:26, 11:20

shed 10:13

short 3:3

shown 17:6

shows 4:4

Shukri 1:37

side 12:6, 14:9

similar 16:11

sitting 10:8, 13:13, 13:21

situation 4:10, 7:21, 7:22, 

8:4, 8:10, 9:25, 10:13

someone 12:23

soon 15:19

sorry 3:21

sort 8:9

sounds 3:17

speaks 6:20

specific 8:14, 8:16

speculating 13:14

speed 3:19, 4:3

St 2:30

stage 3:17

stand 14:10

start 4:13, 6:23

STATES 1:1, 1:5, 1:28, 1:29, 

11:1, 11:3, 17:12, 17:18

stenotypy 17:5

step 3:15, 12:21

Street 1:32, 2:6, 2:47

subject 7:16, 7:18, 7:22, 

15:14

submit 10:18

suffer 13:18

sufficiency 7:25, 8:23, 12:3

suggesting 14:5

suggestion 10:3

Suite 1:44, 2:16, 2:41

Summit 2:41

supposed 16:7

Sylvester 7:1, 7:21

< T >

table 13:14

talks 11:8

Tampa 2:25

teacher 13:25

telephone 16:16

tells 4:15, 12:17

TERESA 1:41

terms 3:20, 4:4, 9:14, 11:6

terse 4:9

TEXAS 1:2, 1:30, 1:33, 2:17, 

2:42, 2:48, 17:19

themselves 6:12, 15:21

thereafter 8:15

thinking 10:9, 15:24, 16:14, 

16:22

thirty 16:9

Thomas 11:22

though 13:12

thoughts 6:17

three 16:4

today 15:25

together 5:13, 6:5, 15:24

Tomorrow 16:4

took 17:5

totally 3:14

Tower 2:40

town 16:13

transcribed 17:6

transcript 17:8, 17:10

treating 8:22

tremendous 8:3

trepidation 8:4

trial 13:15

true 17:8

truly 8:10, 11:11

try 9:17, 12:17, 16:15

trying 10:6, 14:17

turning 14:13

two. 16:5

< U >

ultimately 7:6

unclear 4:8

understand 9:13

understanding 16:19

UNITED 1:1, 1:5, 1:28, 1:29, 

11:1, 11:3, 17:12, 17:18

unprecedented 15:8

unspecific 3:14

upside 14:14

< V >

vague 7:13

verdict 12:18

VERSUS 1:8, 11:1, 11:3, 

11:12

views 4:22, 7:9, 13:17

vote 3:5, 7:14, 7:15, 8:17, 

8:20, 8:21, 12:20, 13:1, 13:6

voted 10:12

votes 12:23

< W >

Wall 2:6

wanted 15:4

wants 14:1

week 16:3, 16:10, 16:13

weighing 12:13

Westfall 2:38, 2:39, 4:11, 

6:3, 9:14, 12:4, 12:14

whether 4:5, 11:11, 12:25, 

16:15

whole 14:13

will 10:13, 15:18, 15:25, 

16:5, 16:11

without 7:19, 13:16

words 14:1

Worth 2:42, 16:11

wrote 10:4

< Y >

York 2:7