F- DeEsndanJ El gas-cast ro-ramos t

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2 For the Defgndant Norman Ramirez-Talavera; JUAN R, ACEVEDO, ESQURE 107 Franklin Avenue Hartford, Connecticut zoj tke Defendant vonne Melendez-Car r ion: HAROLD MEYERSON, ESQURE 6 East 45th Street New York, Hew York F- DeEsndanJ El gas-cast ro-ramos t DANE POLAN, ESQURE 265 Church Street Suite 808 New Haven, Connecticut For the Defendant-Carlos Ayes-Suarezt SNPMAN & GOODWM 799 Main Street Hartford, Connecticut BY t ljallies BERGEN, ESQURE Far the DefenQU saac Carnacho-Neqron; RCHARD REEVE? ESQURE Assistant Public Defender 234 Church Street ijew Haven, Connecticut Egl;.tbe Defendant JuanJ. Seqarra-Yalmert LEONARD, WENGLASS ESQURE 6 -?. 20th Street llew York, Mew York For the Defendant FiJ-rtq- Oieda-Pios; W TLLA!l k1. KUMSTLER, ESQURE 13 Gay Street New York, New York 10014

3 For the Defendant Jorqe Farinacci-Cw AVERY 6 FREDMAN Six Beacon Street Boston, Massachusetts BY8 ELLEN WADE, ESQURE For the Defendant: A-z - R ui;~, MARGARET Pm LEVY, ESQURE 60 Washington -. Street Suite 1402 Hartford, Connecticut MCHAEL E l DEUTSCR, ESQURE 343 Sm Dearborn Chicago, llinois For th; Defendant Hilton ~qpwindes-di(lmllntbr JOHN WLLAMS, ESQURE 51 Elm Street New Haven, Connecticut Eor Daendaa Luisaf redo Colon-Osor io: For.thr Defendant L m a For the Defendant Paawe- RONALD Lm KUBY, ESQURE 13,. Gay Street New York, New York Berries - BLUME, ELBAUM & SEDMAN, ESQURE 50 Columbus Bouldvard Hartford, Connecticut BY3 JACOB WESELMAN, ESQ. BUCKLEY & SANTOS 51 Ruas Street Hartford, Connecticut BY3 F. MAC BUCKLEY, ESQURE

4 1 N D E X ~ ~ ~ ~ ~ ~ ~ ~ ~ " ~ ~ ~ n ~ " ~ ~ ~ ~ o ~ ~ ~ ~ e ~ ~ WTNESSES t DRECT CROSS REDRECT RECROSS o ~ ~ ~ ~ - ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ o ~ JOHN WLLAMSON J. HOMER0 RVERA JAMES R e LYONS ~ - ~ ~ o ~ ~ ~ o ~ ~ ~ ~ ~ ~ EXHBTS : DESCRPTON PAC; E - o ~ o o - ~ ~ ~ ~ - ~ o ~ ~ o ~ ~ ~ ~ ~ w o ~ ~ ~ o GOVERNMENT 29 DOCUMENT DOCUMENT DOCUMENT NEWSPAPER ARTCLE BRTH CERTFCATE DEATH CERTFCATE ORGANZATON RULES RED TEE SHRT BLACE CLOTH WTH 'KJO HOLES THREE DOCUMENTS ', DB FENDANTS 110 SAVNGS PASSBOOK SAVJGS PASSBOOK PHOTOGRAPH PARKNG TCKET RECEPTS PARKNG TCKET RECEPTS BAL CERTFCATE PHOTOGRAPH PHOTOGRAPH MEMORANDUM, 11/17/ POEM BANK DOCUMENTS APPLCATON-DEATH BENEFTS 146

5 1 THE COURTt Would you call the 2 role, please? 3 THE CLERK8 Yes, Diane Polan? 4 5 MS. POLANt THE CLERK; Here, John Williams? 6 MR. WLLAMS t Here, 7 THE CLERKt Jame.8 Bergen? 8 04R. BERGENt Here, THE CLERKt MR. ACEVEDOt THE CLERK; Juan Acevado? Here, Ronald Ruby? Wieselman? MR. KUBYt Here, THE CLERK; F, Mac Buckley? Jacob Michael Avery? MR, AVERY: THE CLERK8 MS. LEVYt L ' THE CLERR: Here. Margaret Levy? Here. Leonard Weinglass? 19 MR. ACEVEDO: Mr. Weinglass called 20 me this morning, Judge, that he won't be able to be in until this afternoon, in for him. He asked me to stand THE COURT: THE CtERKr MS, BACHEL: Okay, Linda Backiel? Here

6 THE CLERK: Richard Reeve? MR, WLLAMS1 'm filling in for #re Reeve. TEE CLERK t Michael Deutsch? MR, DEUTSCBa Hete. THE CLERK1 Harold Meyetson? MR. ANGLADA-LOPEZ3 Good morning, for Mr. Meyerson. THE CLERRt William Kunatler? MR, KUBYt Covering for Mr. Kunstlez. THE CLERK* And Roberto Maldonada? And defendant, ~ntonio Camacha-Negron? MS. BACKEL: THE CLERK; He's in Puerto Rico. Norman Rarniriz-Talavera3 MR. ACEVEDO: '., pursuant to a waiver. THE CLERK8 He's in Puerto Rico vonna MS. MELENDEZ-CARRON Good morning, here. THE CLERK8 Elias Caatro-Ramos? MR, CASTRO-RAMOSa Si. THE CLERK; Carlos Suarez? saac

7 7 Camacho-Negron? Juan ~egarra-palmer? MR. SEGARRA-PALMERS Good morning, THE CLERRt Filiberto Ojeda-Rios? MR. OJEDA-ROSa Here. T H ~ C L E R ~ Jorge Farinacci-Garcia? MR. PARNACC-GARCA8 Bere, THE CLERK t Anget. Diaz-Ru~? MS. LEVY He'@ at hawe in Puerto Rico pursuant to a waivet, Gonzalez-Claudio? THE CLERK8 HR, DEUTSCHa THS CLERK: He'8 in Puerto Rice. Hilton Fetnandez-Diamante? MR. WLLAMS8 He's in Puerto Rico pursuant to a waiver. THE CLERK3 1 'P MR. KUBY: Luis Colon-Osorio? Puerto Rico pursuant to a waiver, THE CLERK; Luz Berrioa-Berrios? MR. DEUTSCH: She's in Puerto Rico. THE CLERK! Roberto Maldonado-Rivera? And Paul Weinberg? MR. BERGENt f could just add that Carlos Ayes is in Puerto Rico on a waiver. Capitol Court Reportera

8 MR. ACEVEDO Good morning, Judge. 2 THE COURTa Good morning, 3 Counrellar. 4 MR. ACEVEDO & have to raise some 5 matters. One, according to all scheduling, **my- 6 client, Ramirez-Talavera, was supposed to be here 7 yesterday for his hearing. H i s hearing has been postponed, and we just want the record to reflect that he w i l l be here in Bartfotd when his hearing commences-which is now ~cheduled for March 3rd. THE COURTS Very good. MR. ACEVDO: The second matter is 'm standing in THE COURT: Do both counsel agree 15 on that that? Does the prosecutor agree to that? 16 MR. DABROWSKt As of this minute, yes, Your Honor. However, what is obviously,' going to happen twice, that Weinglass and, first individually and then collectively with everyone, are going to have to sit down again and 21 readjust the schedule. We did that last week but we already have problems with it. So as soon as Mr. Weinglass gets here, we'll do it again, 24 THE COURT; 1'11 leave that up to 25 counsel Capital Court Reporters

9 - 9 MR. ACEVEDOa Second matter, Mr. Segatta has informed me this morning of a situation at the jail where they're being kept, We would like Your Honor to investigate this matter, He claim8 that his legal materials, which include Borne very confidential papers that ha's working on for hi's counsel and for other attorneys, were taken away fcom him by the prison officials this morning for over half an hour. Usually the procedure is that when they're going out to Court, the materials are checked in their presence for contraband, and they keep it. This morning, they took those away, and they kept his legal materials for over thirty minutes, As you can understand, think this is very improper and he had -- the materiala were t ' out of hie sight. He could not see them. He doeenvt know where they were. THE COURT: What were they anyway? A pad of paper 'and what -- pleadings, MR, ACEVEDO: No, sir. Me had some THE COURT: Pleadings? MR. ACEVEDOt And he had some notes Capitol Court Reporters

10 and a memo from Mr. Jack Wieaelnan on the electronic surveillance. envelope or -- THE COURT: MR. ACEVeDO: Were they in an No, papera like this. They were inside -- maybe we can show the Court, (ndicating) MR. ACEVEDOt That is his legal materials. And we would request that the marshals and prison officials be instructed that this doesn't happen any more. THE COURT8 He'd like them inspected in his presence, that's the proper way. MR. ACEVEDO: Yes, sir, think THE COURT: Very well. All right. Ms. Polan, are you ready to proceed? 4 ' The witness, Mr. Williamson, was sworn yesterday, and his testimony will continue to be under oath. MS. POLANt Good morning, Your Honor. Counsellor. THE COURTt MS. POLANt Good morning, Your Honor, have left an additional copy of a subinventory for the Capitol Court Reporter8

11 ; t 11 witness to look at. know Your Honor also ha8 a copy, and haven't had it marked, t's just an erttr copy, so won't have to give him mine all the the time, s there any objection? MR. DABROWSRt No objection, THE COURTS Bas it been marked by the clerk?. MS. POLANa NO, Your Honor, that's what was asking. THE COURT: Why don't you bring it over and offer it? MS. POLAN: THE COURT1 Do you want it marked? f that's what you MS. POLAqt donm t need it to be marked, and donmt think Mr. problem with it being up here., t.. Dabrowski has any That's what was MR. DABROWSK: Wetre talking, number one, about the copy being made available for the witness8 convenience. Number two, understand Ms. Polan hae submitted a copy for the MS. POLAN: MR. DEUTSCHt have. But it is going to be

12 considered part of files and records of the case. MS. POLAN: Right, Because there 3 is r copy on file, yours. And there is also one attached to my motion that filed originally, my Motion to Suppress, amuuiu~ma GQNZHH~,GBQ8SSBX9YN9TJQN,BXbls1.,E4tU Q; Now, Agent Williamson, when you were testifying yesterday, you recall that asked you about certain documents, why you took them. in a number of instances your answer was that something was an identification document. And Can you tell me what your definition of 4 ' 9 an identification document is? A. don't know if can give you a 20 specific definition, t would be a practical application. n this case it's a terrorism investigation so it would be that type of a document which would identify an individual or that could be used to identify an individual. 8. Mow, isn't an identification document,.- Capitol Court Reportere --

13 generally speaking, something that identifies a person by their name, their physical chrraateristics, their age, things -- their ' residence, things of that sort? MR, DABROWSKa Objection. Generally speaking it ia irrelevant to this case. *. The witness haa particularized and indicated what the term means to him in the context of this partiaular proceeding. THE COURT: Eventually, as said yesterday, Counsellor, the Court is going to go over these lists and ia going to determine whether a reasonably trained, equipped, intelligent agent would find this particular item, whatever it is,, within the purview of the search warrant, First, having determined whether or not the search wa5,rant itself was too broad in,. its ecope and too general. That would be the firat thing. And the second thing would be to detetm.ine whether or not the particular items, if it were found p'roper, were within the scope of it and were reasonably coneidered'to be within what he had actually done. And then act on it accordingly. Now, that's the thing 'm going to focus on, 'm Capitol Court Repottete

14 telling you ahead of timar MS. POLANt agree with that method of your proceeding, Your Honot. 'm just trying to ascertain if there really is, for example, with any particular language in the warrant, if it isn't clea~, what the language means. from -- And that's all was trying to ascertaln THE COURTS The Court io going to have to determine whether the language is clear. That's going to be the Court's job. Q; (BY MS. POLAN) Well, Agent Williamson, let me just ask you one other question. s your understanding of! an identification document generally something that identifies a person in some way other than just by putting their name down?, ': MR. DABROWSK: Objection, Your Honor. Asked and answered, and it% irrelevant TBE COURT: Well, the Court will let him answer it, Let's get on with it. THE WTNESS8 You're just asking i general, not in specific relation to this case? (2. (BY POLA??) Uhm-hmm, did YOU - --

15 understand the question? A, Could you repeat the question, please? please? MS. POLAN: Could it be read back, (Record read as requested) -. correct. THE WXTNESSo.. Generally, thatts Q (BY MS. POLAN) Wow, you just testified a minute ago that that idea, that definikion of an identification document had a different meaning in this case, is that correct? A, believe testified that there were -- the way interpreted it was specifically as to the documents in this case, yes. 0. So it's cor,rect, is it not, that in, '., this case you were looking for documents that would identify the associations of the defendants? documents. A. No, ' was looking for identification Q Well, are those documents that would identify, for example, other people they were associated with?

16 A. That would be one of the reasons that war looking for identification documents. Q, All right, And you testified, think, when we first started this cross examination, that prior to Auguat 30th you weren't involved in this investigation or prior to August of 1985 you -. weren't involved in t he Hacheteros investigation? A That'a correct. Prior to the time that 1 waa given an assignment, Q. And think you told me you were assigned to organized crime investigations? A; That's correct, Q. But when you started attending these briefings, you were briefed about the Government's allegations against the ~acheteros? A. That's correct. Q. All right. And it was your, ' : understanding at these briefings that one of the puspoees of the search was to determine who the different defendants were associated with? A* don't recall that specifically, Q. Well, that's why you were looking for all telephone numbers, wasn't it? MR. DABROWSK t Objection, He doesn't recall it, Your Honor. Also this whole

17 2 THE COURT8 See, he isn't the top 3 agent involved with what they might be looking 4 for, He was supposed to do certain thinge, And whether he did it intelligently of not or within the scope of the warrant, the Court is going to have to review it and determine. MS, POLANt agree with that. THE COURT8 Now, if you can help me in any way on that issue, fine. But -- MS. POL AN^ Judge, all 'm ttying to ascertain is if he went to btiefing se8sionrr for example, if they had any discussions about telephone numbers, which is a fairly broad category. THE -COURT: You're familiar with all those casesl the Leon ease, the case down in 4 '; the District of Columbia, where they searched the Scientology headquarters, three or four other casaa, the same category. That's all laid out there. Q. (BY MS. POLANs) When you went to these briefings, was there any discussion about why you were looking for all telephone numbers at1 any of the briefings?

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19 briefing, a -- Q, DO you know if Mto Held was involved in1 drafting addendum 2, Government Exhibit 233 MR, DABROWSK: Objection, Your Bonor. t's been established -- THE COURTS Sustained, t doesn't *. matter whether he did it or not, MS. POLANa Your Honor, 'm not sure understand the basis of your ruling, asked him if he knew if the special agent in charge was involved in drafting the warrant. THE COURT8 t doesn't matter, The warrant speaks for itself, Whatever he did, right or wrong, there it is. We've got to examine it, MS. POLANt Well, Your Honor, think the warrant does speak for itself. But one 4 '; of the issues with respect to that, Your Honor has to determine whether the warrant itself was overbroad. The cases generally hold that one of the ways the Co'urt -- one of the factors the Court has to consider in looking at a warrant that appears to be overbroad is the circumstances under which the agents were working who drafted it.

20 For example, did they do it in the mfddle of night, the day before and/or did they have fair amount of time to put it together. That's one of the factors that's set out in the case law that the Court has to consider. THE COURT: think we may asaurne they had a fair amount of time. MS* POL AN^ ~f wt can stipulate to that, don't think we would have to inquire that they spent a fair amount of time dcafting Addendum 2. Can we stipulate to that? MR. DABROWSKt Your Honor, in the Moon could have drafted that addendum. Wanl The addendum speaks for itself. The language is contained within the four corners of the document. t's either intelligible or not, n addition to, Your Honor, in 1 '; connection with the actual execution of the rearoh warrant, whether that was overbroad which $8 the issue here, it hasn't been established whether or not Special Agent in charge Held was at the premises, Until she can put him there, his participation is irrelevant in connection, with this hearing and the issue of overbreadth in terms of the execution.

21 MS. POLANt Your Honor, 'm not aure that made my point clearly. When you're deciding whether the warrant itself was overbroad, you have to -- one of the factors, f o r l example, that the Court -- the Government nay want you to consider ie the circumstances under which the agents were working who drafted it. So if we're going to assume for the sake of this hearing that they had plenty of time to draft it and they veren't in a hurry, 'm satiofied with that. Rut 'm not sure the Government is w illin to concede that point. THE COURT: s Mr. Held going to b a witness? don't know, MR, DABRONSK t Not thf s morning, Your Honor, This hearing is directed to the question of whether oc not the execution of the search warrant was overbroad. witness is -- That's what this TBE COURT2 Simple question. Do you know who drew the warrant? Was it Cr. Kelu?!lo you know of your own knowledge? TJE T1T;JESS: know that: GP,OK~C Clow signed the affidavit, Your Honor. But as to who wrote the addendum, don't know. 1

22 THE COURT: You don't know? THE WTNESS THE COURT: So you weren't there? THE WTNESS8 THE COURTt No, Your Eonor. How long he took to do it, you don't know either? T?E WTNESS : don't know. THE COURTt How much time he had, you don't know? THE NT!ESSz don1 t know. THE COURT; All right. Please proceed. Q. (BY MS. POLAN) But these briefings Here at least a week before you executed the search warrant? R. As have testified, there were brief inqs that continued up until -- there was on0 briefing in the morning right before the search warrant, 0 Yes, but earlier on you had had briefings at which Addendum 2 was discussed? A, That's correct. Q All right. NOV, yesterday when you were testifying, believe you testified that in certain instances you took things that were in

23 containers in the closet in room C, is that correct? A That's correct, 0. And when mean containers, sometimes the container was a black attache case, it was a shoe box, sometimes it waa a brown ime81 folder, right? A. Well, not sometimes, those were the three instances, yes. Q A l l right, And believe your testimony was that if there were -- in tho~e instances because there were -- things in thoee containers that you believed could be seized, you1 took the whole contents? A, believe my testimony was that after reviewing the documents individually and the documents as a whole or the -- in the case of the 4 briefcase, the other terrorist items in there, made the determination that the item itself had value to be maintained as a whole. And seized it as such. 2. Let's go back to the shoe box. Remember asked you a lot of que~tfons yesterday about why you seized particular personal items and you --

24 24 ' THE COURT.: We've gone all over that, Counselloc. don't want to go over it again. llonor. MS. POLANt don't either, Your THE COURT8 Let's go to something else then, MS. POLAMr A l l right. q (BY MS. POLAM) Now, directing your attention to your inventory C 9, think it's right in front of you, it's Government Exhibit 25, MS. POLANt Judge, it's the third page of the subinventory you have. That's the inventory. Q (BY MS, POLAN) C 9, do you see that? A. Yes. T 0 8 Now, that's something that was also taken out of Mr. Castro's bedroom, was it not? That's correct, And what does that say? A t's says, "rirst Federal ssvi~lgs books, (Two)". 0 - They were in the dresser, weren't they? A, That's correct.

25 - -.*, Q So they weren't in a shoe box in the cloaet? A That's correct, Q. All right, Flow, directing your attention to Defendant's Exhibit 110 for identification, it's a copy; can you identify that as something you took out of Mr. Castro's bedroom? (Handing) A. These are photocopies of L 17, C 9 and this has subinventory 1, Q; All right, And can you tell the Coutt what that is? bank b A, This is a phatocopy of a savings Association of Puerto Rico, -, -..-* *-, "-*-*-.-..*-...*.-.ST e,. a 4 a..,& acount?.. s Q All right, Vhose name is on the,' A. t's the defendant and/or his -- oh, it48 the defendant's wife and/or the defendant,. =-->. " 8 ",,"-- - Q. When you seized this passbook -- it's savings account passbook, isn't A. That's correct, it7 an Q So xhen you seized this, you didn't seize it because it was in a shoe box, did you?

26 A. f seized this because it was a finanaial record. Q, But you didn't seize it because it was in a shoe box with other documents? A. From the inventory don't see that this document came from a shoe box, MR. DABROWSKt Your Honor, this is a complete waste of time. About five minutes ago she asked the witness, 'This document C 9 was not in the shoe box" and he answered that question, We're going over and over and over it. This is ridiculous, t's clearly a financial record. We know where it waa seized. She knows where it was seized, and it's already been answered on a number of occasions. proceed, MS. POLAMt THE COURT2 a ' MS. POLAN: flay 1 continue? f you can be helpful, Fine. MS. POLAN: would offer this. THE COURTa Mark it. (Defendant's Exhibit 110 offered and marked into evidence)

27 Q (BY MS, POLAN) Now, could you look at thi8 Exhibit, Defendant's Exhibit 110. Just tell1 me, when you seized that document, was there anything in that, in the contents of it that indicated to you any criminal activity? A. No. When made my decision it was based on the fact that this was a bankbook and that we were looking for financial records on the addendum to the warrant. didn't Q So it's correct, is it not, that you review this savings passbook in any way with respect to its relationship to any of the crimes enumerated in the warrant? A don't recall making any such review. Q. A l l right, To save time, directing your attention to the Defendant's Exhibit 111 for identification, that's another savings passbook,-.~,*l*...l. that was seized in the same location, is that correat? A, That's correct. This is a copy of the subinventory number L 17, C-9-3. Q s it also correct to say that, here again, you didn't make any determination of its evidentiary value before you seized it? A. That's corr?ct, Capitol Court Repottets

28 Q ~ l l right, MS. POLANs would offer this 3 1 also. MR. DABROWSK a No objection, THE COURT: Mark it, (Defendant's Exhibit 111 offered and marked into evidence) 3 Q. (BY MS. POLAN) Mow, yesterday when you were testifying, Aqent Williamson, when we were talking about all the personal records that were in C 12, the shoe box, and you testified that you szized that shoe box and the records in it l4 15 ljecause they were financial records. tlow, could you please look at the subinventory, the payes that itemize the things within C 123 (Handing) Do you have that place where the C iteas start? A Yes, 0 :!ow, it's true, isn't it, that it goes on for four or Eive pages on -- MR, DABROSJSK: Your Honor, the Capitol Court Reuorters

29 29 ' document speaks for itself, V7e don't need to go into this, Thia agent didn't prepare that document. (2. (BY MS, POLAN) t's correct, is it not, that there are approximately one or two items within C 12 on the cubinventory; is that correct? b. Yes, Q. All right, And it's alao true that a number of those items have up to ninety-two pages within them; for example, 16 A 1 to 16 A 923 A, Could you repeat the number? Q 16 A 1 to 16 A 32. THE COURT:??hat do you want to know about it, Counsellor? Q (BY MS, POLAY) There were, in fact, hundreds and hundreds of pages of documents $ within C 12, according to this subinventory? A. There were numerous documents in C 12. Q Right. nut there were hundreds of pages of documents. THE COURT: iundreds of pages, 3 i ci you review every page? THE 51TEESS: ~G, didn't, Your :!onor,

30 THE COURT: A l l right. Let's get on with it, MS, PQLANt THE COURT8 That's not my question. He could go through it page by page* MS. POLAM: don't want to do that, Your Honor, Q (BY PJSS. POLAN) s it a fact that of those 102 separately itemized subinventory items in C 12, you said you took C 12 because it was financial records; isn't it true that of those 102 items, 84 of the subinventory items are not financial or bank records? MR. DABRO~.~S< : Your Honor, unless the agent is going to sit there and go through every single one of these entries, we're going to be here for an hour yhile he does that. The document speaks for itself. THE COVRT: Would you read the que~tion back so 'll solve it. (Record read as requested) r~ iba r - COURT: f he knows, Can you answer that? tjithout auditing all of them, do

31 you have a general knowledge so you could -- that's appears to be about right or -- THE NTNESS: have no idea, Your Honor. First of all, did not testify that seized all these records because they were financial records, When we went over them item by item, there were numerous identification documents and that would have been my reason for seizing certain of the documents. 0 (BY MS. POLAN) But it's correct, is it not, that of those 102 items, more than two thirds' of them are not financial records? A. can't answer that. 'm sorry, Q Mow, let me go back to C 11 for a few minutes, You were testifying yesterday or the day before that C 11 is an item that you seized from the bedroom closet in Mr. Castrots room, is that right? ' A. That's correct. Q. All right. And at the beginning of 1 your cross examination you recall was asking you about particular political articles, parts of books that you took out of C 11; do you remember that testimony? A. That's correct.

32 Q All right, And believe it was your testimony that you took everything in C 11 because when you examined it you saw some 3 documents that you believed to be Hacheteros 5 documents, is that correct? 6 7 A, believe my reason for seizing C 11 was that after reviewing the documents 8 ' 1 individually and as a whole, thought that the entire package had significance, yes, '2 Yow, let ne just ask you a few questions so we can clarify the situation with 2 C 11 for the Judge, 13 A l for a minute, it's C f you could look at the subinventory true, is it not, that within 11 there were a number of different folders and envelopes within that brown accordian file, there were a number of different envelopes; for, ", example, isn't C 11 sub 2 a folder? A, Yes. t's -- Q that, Your Honor, Yes, it says it's a folder, right? MR. DADROWSR: t doesn't say t says it's a folder vith Linitar langwrittan on the front cover containing 24 the following, and subinventoried in detail. ~hel 1 Court has the document right in front of it, t

33 has not been prepared by this witrless. The witness prepared the inventory, not the subinventory. He's not familiar with the uocurnent. :Jetre going to be here all day reviewing a document he knows nothing about. THE COURT: Are you familiar with theso subinventories? THE WTNESSt 0. Your Elonor. did not prepare the document, Q (BY MS. POLAN) Who did? A don't know. MS. POLANt Well, Your Honor, think the witness can testify to the Court if hc knows whether, in fact, within C 11 there were a number of discrete folders and envelopes that contained different things. THE COURT8 the present moment? THE VTNESS: t Do you recall now at don't recall separate envelopes, Your Honor, other than the fact that the defense counsel presented ae with certain documents yesterday. 2. (BY ES. YOLA?) SO your testiraony is that cdithin C 11 you at no time remember any separate envelopes containing documents; that it

34 1 2 was all just in that big brown accordian file? A don't specifically recall, 3 Q f told you that there were at least five different items on that subinventory that indicated that there were manila envelopes that had documents inside, would that be -- that wouldn't square with your memory? A said don't know, That could very well be true. Q. Now, directing your attention to Defendant's Exhibit 127 for identification, can you identify this as Gomething taken from Mr. Castro's house? from? A, Yes, this is C 17. (Handing) Q. Does it have any other numbers? A t was subinventoried 1 through 3, t 0 Can you tell me where L 17 C 17 came A. Yes. According to my inventory, it cane from a bookcase in bedroom C, this. r) nll right, And it's -- would offer 14R, DADRONSR: No objection. 1

35 (Defendant's Exhibit 127 offered and narked into evidence) Q (BY MS. POLAN) Showing you Defendantfg Exhibit 127 and also Defendant's Exhibit 38, is that the book -- do you know if that's the bookcase where those documents were taken from? (Handing) A. don't know, Q A l l right. A. t is -- the photograph depicts a bookcase in bedroom C. Q, All right. And it's true, is it not, that a great number of things in that bookcase were examined but were not taken? A. That's correct. Q. And showinq you Defendant's Exhibit 39, which shows that bookcase aqain, it appears from that photograph, does it not, that a yrest many thing8 were taken out of that bookcase from the photograph? ([landing) A.?'hat's coxrect. 0 Does it appear to you that Sxhibit 38 is a before-the-search photoyraph and 33 is an

36 3 6 after-the-search photograph; know you didn't take them? A, That's what it would appear to be, Q. ~ l l right, Now, within these few items that you took from the bookcase, directing your attention to what's marked L 17 C-17 sub 2, can you tell me what that is? (Handing) A, This is a pamphlet put out by First Federal Savings Bank containing a handwritten notation with some numbers on it, Q B All right. What is the bank pamphlet about; can you read it? A. t's about how to -- 1 who's eligible for -- to open a retirement account, about retirement accounts, (2 So can you tell me why you seized that 4 document from the bookcase? A. Probably because of the numbers written on the front of this document. Q. s that a telephone number written on the front of it? A. don't know, (2. Nell, how many numbers is it3 A. Seven,

37 (2. And the numbers are , right? A, That's correct. Q Your testimony is you seized that document because there were those numbers written on the front? A don't recall why seized this document, Q. pine, All right. Now, directing your ( 1 attention to what's within this same exhibit, Exhibit 127, what's been marked L 17 C 17-1, which appears to me to be a book, a paper book. s that right? book?... ** A, That's correct. Q, All right,!?hat's the title of that -,.,~..* A.. What is the title? 'For Liberty or --" Vhat's at the top? ( A, There is a name, U R A Y 0 A J. Q. That book is by Raul Sendic, is it not? *.. -," ,..,~ b. pamphlet. A. That's the name that appears on this a. A l l right, Can you tell me why you seized that book? A. seized it as a revolutionary docu~nent, Flip~ing through it, it appears -- it

38 talks somewhat about terrorism, Q. Did you read it at the time before you aeioed it? A, don't recall reading it, no, That's what would have done. 1 would have taken a brief look at it like that. Q. Did any of the other agents read it? A. Not that know of, don't know, 0, All right. So your testimony is for the record that you would have flipped through it and then made a determination to seize it? A. That's correct. Q Based on its content? A, That's correct, 0. ;low, returning for a minute to C 12 and showing you Defendant's 115 and 116, can you identify those two documents?, 4 (Banding) A, These are more documents from that shoe box C 12 which are subinventory numbers L 17 C 1260 A. (2 That's for defendant's 115, yes? A, And L 17 C MS. PULAN: Judge, these are both on the Government's Cshibit list, these two

39 3 items. The first , Defendant's Exhibit l 115, is Government Exhibit 1009, and Defendant's Exhibit 116 is Government Exhibit 1C10.?~ould 4 :?eve to admit both of these as full exhibits. MR. DABROVlSKz No objection. (Defendant's Exhibit 115 offered and mnrkeii into evidence) (Defendant's Exhibit 116 offered and marked into evidence) l5 l6! (BY MS. POLAN) How, directing your attention to exhibits 115 and 116, these are rsceipts for the payment of parking tickets, 17 aren't they? l9 1 A. That8 s cor rect. (Handing) Q??as there any particular reason that i you seized them other than that they were in C at the time? 1 1 p g?r P.. can tell you why vould ssize those Q. 'm just trying to Einu out what you Capitol Court Re~orters

40 recall doing on August 30, if you recall? A, Those contain automobile license information which is listed on the inventory. B All right, Now, directing your attention for a moment to Exhibit 116 which is also Government Exhibit 1010, can you tell me where that contains license and registration information? A There is a section in the lower half where it's marked L C E N C A. There is a number after that, Q. So that indicates the driver's license of the person who got the parking ticket? A Apparently, (2 Both of those documents have Mr. Castro's name on them, Gon't they? A Yes. (2 So there is no question that he is the person who received the parking ticket, is there A. What can tell from this document is that the person who had that license number received this ticket. That would be the conclusion that would draw, 0?!ell, let me ask you this: Based on your ovn experience as an F B agent and a

41 driver of a car, have you ever gotten a parking ticket? A. Yes. 0. Don't they put your name on the parking ticket when you show them your license? A Q Yes. So it's fair to conclude that Mr, Castro is the person who got the parking tickets, isn't it? A. Or someone that had his license in their possession. Q. A l l right. Showing you Defendant's Exhibit -- THE COURT: s there any question about that being within the search warrant? MS. POLAX; Yes, Your Honor, have a question about whether a parking ticket is t L within the scope of the search warrant, yes. THE COURT: MS. POLANt All right. don't believe it's an automobile registration, a parking ticket, Q (3Y &S. POLAN) Showing you DeEendant's Exhibit 121 for identification, is that a copy of a docunent that you took from Mr. Castro's house? A. Yes, This is subinventory L 17

42 MS. POLAN: would offer this, 3 l MR. DABROWSKS No objection, (Defendant's Exhibit 121 offered and marked into evidence) MS. POLANt Your Honor, would o point out that this ia also item 1013 on the lo l 1! l2 l3 Government's Exhibit list, TBE COURT: MS, POLAN: Yes, and it's Defendant's Exhibit 121 now, Q (BY!is, POLAN)?low, that item that l5 l6 appears was also taken from the shoe box in C 12 in the closet, is that right? A, That's correct, 4 Q, All right, And that is a bail 1 certificate, is it not? Q. That bail certificate _ -a * -,_... indicates,.. - A does it not, that Mr, Castro posted bail in the arount ".,M A hat's correct, Q A11 right, Can you tell me why you

43 seized that document? A don't recall this document specifically, no, (2. All right, Thank you. Now, Agent Williamson, you also received some items from a room identified as J which believe is a hall closet? A (dm Yea, that's correct, s that right? A. That's correct, Q. t's correct, is it not, that at the end of' the day yesterday those political posters shoved you were from that hall closet, 53 A. That's correct, Q. t's correct, is it not that room J contained a lot of books, that closet1 do you recall that? A, As recall there were a lot of books, yes. Q A l l right. Now, showing you ~hotographs that have been marked 128 and 129 io identizication, are those photographs of the ha1 closet, 9, room J? (fianding) ER. DABROV?SKL: Excuse me, could

44 .%.. have the numbers? numbers? MS. POLANt The identification MR. DABROWSKt Just the photos, MS. POLAN: Just a second. THE WTNESSt On the one photograph see our label J o The other photograph -- = can't tell from the photograph if that's J or not, 8 (BY MS, POLAM) A l l right. Well, we can wait for that. You can identify 1283 A. Yes, Qo A l l right. Now, in addition to seizing the political posters in that closet, you also seized, believe, a welding torch that was in a _. r.-^-s.i."*" Y-.". ^...iluly " -".w, - *, 4--* box with some instructions? A aourt? That's correct, 4 Qo All right. Do you have that here in A Ye8, we do, Q, All right. Can you tell me, while Mr. -- MS. POLAFt Are you going to find the welding torch or should the witness? Do you have it?

45 MR. DAQROWSKr We have it, THE WTNESS1 t would be in the largeat box, Q (BY MS. POLAN) Can you tell me why you seized the uelding torch while we're looking for it? A Yes, Q. Why is that? A, The first paragraph of the addendum refers to explosive devices or their component parts your testimony is a welding torch is a component part of an explosive device? A The kit contained two gas cartridges. 0 tls a welding -- you defined it as a welding torch, is that what it is? A That's correct, 4 Q, And it's your testimony that that welding torch is a component of an explosive device? A That's correct, Q. A13 right, ;low -- strike that. rjy the way, you didn't find anything in Nr. Caskro's house, anything, any actual explosive devices, did you? i

46 46 ' torch? A. DO you mean other than the welding Q. Yes, other than the welding torch? A, WQ, don't recall. Q. No blasting caps? a Q. No explosive materials? - -- ^^-.---.L*-ltlr = - CL" A, torch. Q. No timing devices?. A. ~ J O 0 No pocket watches? A. No. Q. You. - didn't.._.,.....lxf.m find + any.*.*_ w. qa A w NO, Q. 1s t his -- think better get this marked, THE COURT: t What ia it, Counsellor, 'm curious. MS. POLAMt was going to get it marked, Your Honor. This is the welding torch in its box. That's what -- thought you'd want to see what it looked like, THE COURTt t isn't a very big one.

47 NS. POLAN: No, that's why thought we should look at it. Q. (BY MS, POLAM) Showing you Defendant's Exhibit 130 for identification, can you identify that object? (Handing) A. Yes, this is the L 17 J 2 with subinventory letters A through A 6, Q. Could you let the Court look at that i tern? (Handing) THE COURT8 Thank you. Q (BY MS. POLAN) Agent Williamson, it1o true, is it not that in Mr. Castro's house in the garage there were a number of other tools that you didn't take? A. don't recall specifically. 4 Q All right. Showing you Defendant's Exhibit 131 and 132 for identification which are two photographs, are those photographs of Mr. Castro's garage, if you know? (Handing) A. Yes. They're labeled room A, which was the carport of the house, as. POLAT: would offer both of

48 1 those these. MR. DABROWSKt No objection. (Defendant's Exhibit 131 offered and marked into evidence) (Defendant's Exhibit 132 offered and marked into evidence) l2 l3 attention back to the inventory to item C 16, do you have that? A. Yes. l6 l Now, C 16 was also taken from the bookcase in Mr. Castrots bedroom, right? A That's correct, ' Q. And it's fair to say, is it not, that most of the things in that bookcase were examined but not seized, is that correct? A. That's correct. 22 / O. All right. But C 16 you did seize, A. Yes. L right? (2. All right, And showing you what's been

49 marked defendant's 133 for identification? through 4, (Handing) A. This is C 16 subinventory number 1 Q. A11 right. You describe C 16 on your inventory as two revolutionary pamphlets, correct? A That's correct. is thatl Q. All right, Could you take out those documents and just look them over and -- the=e is/ actually four, according to the subinventory. There is four different photocopies of diffacent articles in there, is that right, C 167 A. Yes. Q, All right, They're marked C 161, C 162, C 163 and C 164, right? A That's correct. t Q. Wow, directing your attention to -- well, let me ask you this questions Were these things all in the bookcase when they were seized, cio you know? A don't know. Q. Vere they brought to you together? A. would say they were because gave their! one inventory number. Capitol Court Reportera

50 Qo All right. Now, directing your attention to the first one which is 16 sub 1. think we saw the face page of that article yesterday. And that's an article in English, is it not? A That's correct, g. That's the one called the "Alienation of Leninist Group Therapy*, right? A That's correct. 8. You testified about that one yesterday so we don't have to repeat that, So with respect to the next one, L excuse me, C 16 sub 2, what is that document about -- excuse me, think that's the problem, too many Xeroxes, What is that C 16-2 about? A. Something about the proletarian and the revolution. L 0 What are the first two words of the title, can you read them? A* Los Tareas, T A R E A S* Q Do you know what that means? A \That was the basis on which you decided to seize that article? A. don't rocall this article

51 specifically. Q. ~ u you t seized it, didn't you? A Yes, C?. And how about C 16 sub 3, what's that article about? A. These are liberal conceptions and Marxist conceptions of war of the classes. Q. That's "La Lucha Den or "The Class Struggle" perhaps? A. Yes, it could be that also, 8. All of these are photocopies of what appear'to be pages from books, don't they? A Yes, Q. Does this one, 16-3 have an author, you tell who wrote it from looking at the top of the page1 the words V Lenin on the top of the page? 1 A Yes, Q, Can you tell me why you seized that A No, ' don't recall this document specifically, 0. All right, And directing your attention now to C 16 sub 4, that's the last thing from this groiipj what's this one about?

52 ? A The title, my translation of the title vould be "Critical Notes about the tlational Q b Right. That also is a photocopied excerpt from a book, isn't it, or it appears to A, Yes, by V Lenin, parts of the book. 0. All right, And can you tell me why you i 9 seized that document? f 10 1 A. Once again, X have no specific i i recollection of the document. 12 / Q. All right, 'm correct, am not froa reading your irlventory, that the items marked C 14, 15, 16 and 17 are the only things that were taken from the bookcase in Er. Castro's bedroom, is that right? A, inventory. Let me look at the rest of the t Yes, that's correct. Q. So this wasn't a situation rhere you i ju8t took everything that was there? A No. THE COUKTt rrurnber or1 those papers? 133, Your :onor. Yhat is t he Zxhibit TSE ~7TYESS t DeLendant ' s Exhi bi t i

53 PS. POLAN: Maybe we should put these back so they don't get lost here. Put these back in C 16. Thooe are the four things. All riqht. 0. (BY MS. POLAN) Now, Agent Williamson, directing your attention again to your inventory item C 22, that says -- do you have -- are you following ma? A Q Yes. That aays it waa seized from a shoe bo in the closet in room C also? A. That's correct, B. Okay. take it that that was a different shoe box because it's not part of C 12 and it's not part of C 8 and -- iu that correct? A. don't know but would assume that also. t Q You would assume it came from a different location than -- A. Yes. C3 All right. Directing your attention t hat's been marked Defendant's Exhibit 134 for identification, can you identify that document; or where it vas taken Erom, 1 think would help?

54 A. This is marked L 17 C right, MS. POLANa would offer this. MR, DABROWSK: No objection, (Defendant's Exhibit 134 offered and marked into evidence ) B. (BY MS, POLAN) Referring you again to Defendant's Exhibit 134, this is item C 22, is that correct? 2! A. Yes, This is a photocopy, l3 1 Q, A l l right, And it's correct, is it not, Agent Williamson, that this document, C 22, has at its heading at the top, "Partido -.-*-,.-.n. *l So Rican Socialist party? t A. Yes, uenon which means Puerto 0 t's correct, is it not, that this document appears to be a aemorandum dated internal circulation?..-,-o*.u Yr~,*,*l.PPPYC -'*A, il. --"-,.r A. Yes, t's a menlorandurn to the -- all of the -- deacribed as all of the militants of the P S P from an individual who is -- it says is

55 _ 35 responsible for national political education about an internal -- an internal review, citculation of the internal review, Q Review, that mean8 magazine, doesn't it? A. Yes, Q. t's from 1976, right? A That's correct, Qs All right, So at the time you seized this document, did you read it before you seized it? A. don't recall specifically. Since t was only a one-page document, would have looked at it,!? Did you -- A. The agent that presented it to me is also a Spanish speaker. 4 So he would have read it. 0. That was Yomero Rivera? A. That's correct. Q. gut y'ou've teatified previously in this hearing that you're the person who made the seizure decisions, is that right? A. That's correct. Q Did you seize that document because it

56 5 6 says Puerto Rican Socialist Party on it? A 1 don't recall vhy seized it. would have seized it based upon my review of the docuinerlt, my knowledge of the warrant and ny discussion with the agent who found the document. Q W e l l, what in the warrant authorized you to take that document? A. This document talks of the Revista, some sort of an internal magazine which would only be accessible to militants of this organization, And the -- could have equated militants with terrorists, MS. POLAW: Excuse ne one minute. Q (BY MS, POLAN) ilas there anything that you recall having read in the search warrant affidavit or been told that had to do with the commission of crimes in 1976? 4, A. don't recall anything about that, no. Q Mow, Agent Williamson, it's true, is it not, that you seized a number of video tapes and a video cassette recorder from the living room in -.. ".r" _,*.., ilr. Castro's hone. think that's room 113 R Yes, that's correct, 9. Okay. t's correct, is it not, that 11 1 is six video cassette tapes? ---.-".-*<.".,. b.."...b -% " "

57 A. hat's correct. Q. All right, And some of those cassette tapes had labels on them, didn't they? A don't recall specifically. Q. All right, Well, when you seized them, did you watch them or did you just take them? A. did not watch any of the tapes, Q. You didn't? A no, (2. You ju6t seized them? A That's correct. Q. And were they watched -- if you know, 8 2s did anybody look at them, the content, later? all? A. don't know. (2. A l l right. But you just seized them A. Pursuant to my inventory, see that t seized six video cassette tapes. 0. Do you know if that was all the video cassette tapes in the house? A. don't recall.. All right. And you also seized a number of audio tapes? A. According to my inventory, H 2, - seized.-. three sound... tapes. a, * > -, ~ Capitol Court Reporter8

58 (1. All right. And 'm correct, am not, in my -- in understanding that you believe that you were authorized to seize any and all video tapes by the language of that warrant? A. That's correct, Q. And that was regardless of the content of the video tapes, is that correct? A. testified did not review them for content, B Right, 'm just trying to find out just to make sure 1 underatand and the Judge understands that you believed you were authorized to take any video tapes regardless of the content? A?ly testimony was that 1 didn't review any of them for content. So my understanding was that could seize them without reviewing them, Q Fine, 4 ' L Do you recall if any of those -- question withdrawn, minute, MS, POLANs f could just have a (J e (BY MS. POLAN) So you did not read that warrant as liaiting the seizure of video tapes to video tapes that were related to the allegations in the varrant atfidavit or the

59 crimes listed in the warrant itself? A. The way read the warrant in this addendum was that if located video tapes could seize them, Q. Fine, MS, POEAN: Your Honor, there are a number of financial records that Z would like to have in evidence so the Court can review them but don't need the witness' testimony, would like the Court to have the documents, not just the inventory. But don't need to take the witnes6' time, THE COURTt Are they part of the exhibits here on the floor? MS, POLRN: Yes, Hell, theyt re ny copies of things that are particular -- just examples of things that are in the subinventory t t that -- want the Court to be able to see the doauments but don't need -- THE COURT: 'm sure you and counsel could agree upon them. f they've Seen taken in Government custody, they won't hesitate to have t i - L ~ r n marked. WS. YOLAtjs The point is just %ant Your Honor to be able to see what you're

60 b f k G reading on inventory. So when it says something, 2 3 where perhaps think the description is inaccurate, you'll be able to see the actual thing they took, 5 THE COURT8 Very well. 6 with that, Mr. MS. POLAN3 s there any problem Dabrowski? 8 MR. DABROWSK$ NO, there ia not, 9 hls, POLANt f think 'm finished 10 with this witness. f could have one minute. 12 of Agent Williamson. MS. POL AN^ have nothing further 13 THE COURTt Thank you. \A Counsellor? s there anything n2w, S Courlsellor, that hasn't been covered?!4r. DAUR0:SXr Yes, Your Honor. THE COURT: On this subject? Honor. $ L MR, DABROVjSRT: There is, Your THE COURT! All right, Those are 2 your notes there, all right, Very well MR. DABRO\fSKa 'm not taking a peek at Xs.??clanus notes, nor would she permit me, Youz 130nor.

61 Q. Agent Williamson, with regard to 3s. Polan's remarks yesterday about some of your responses, specifically that you don't recall many of the instances or specifics concerning this particular search, this was not the only search in connection with the case in which you were the search team leader, is that correct? A. That's correct. (2 n fact, after you finished this search, you yourself, along with your search team, want to the residence of Jorge Farfnacci-Garcia and participated n the search t at that location? A. That's correct. Q. And similarly you have other -- many other duties and responsibilities as a special agent of the F E3, is that correct? A. Yes, sir. Q Jow, with regard to the search warrant affidavit itself, you testified that you had read

62 that entire affidavit, is that correct? A. Yes, that's correct. Q. And would it be fair to say that you're familiarity with that affidavit was much greater on August 30th 1985 than it is today? A. Yes, much greater, Q. And similarly, in that affidavit and in the addendum, there is reference made to specific criminal statutes of the United States?. Did you read those statutes or wera you A That's correct. familiar with them at the time? familiar, A Yes. had read them, and was Q, Did you read the specific statutes that were cited in that affidavit to familiarize yourself with those statutes in the context of 1 t your duties and responsibilities in connection vith this search? A, Yes, did, Q. Now, you have before you Defendant's Exhibit 130 which is the welding torch, is that correct? A. Yes, (2. Sou also have Defendant's Exhibit 128