American Airlines, Inc. et al v. Federal Bureau of Investigations, et al

Filing 34

Attachment 31
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Desmond T. Barry in Support re: 30 MOTION for Summary Judgment Setting Aside the Federal Bureau of Investigations Refusal to Allow the Depositions of Certain Witnesses and Accompanying Documents.. Document filed by American Airlines, Inc., AMR Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37)(Barry, Desmond) Modified on 4/29/2008 (KA).

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American Airlines, Inc. et al v. Federal Bureau of Investigations, et al Doc. 34 Att. 31 Exhibit 31 Dockets.Justia.com 3-22-06 U.S. v. MOUSSAOUI Volume VIII Page 1645 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 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION UNITED STATES OF AMERICA, . Criminal No. 1:01cr455 . vs. . Alexandria, Virginia . March 22, 2006 ZACARIAS MOUSSAOUI, . 9:30 a.m. a/k/a Shaqil, a/k/a . Abu Khalid al Sahrawi, . . Defendant. . . ........... TRANSCRIPT OF JURY TRIAL BEFORE THE HONORABLE LEONIE M. BRINKEMA UNITED STATES DISTRICT JUDGE VOLUME VIII APPEARANCES: FOR THE GOVERNMENT: ROBERT A. SPENCER, AUSA DAVID J. NOVAK, AUSA DAVID RASKIN, AUSA United States Attorney's Office 2100 Jamieson Avenue Alexandria, VA 22314 FOR THE DEFENDANT: GERALD THOMAS ZERKIN KENNETH P. TROCCOLI ANNE M. CHAPMAN Assistant Federal Public Defenders Office of the Federal Public Defender 1650 King Street Alexandria, VA 22314 (Appearances Continued on Following Page) COMPUTERIZED TRANSCRIPTION OF STENOGRAPHIC NOTES Karen Brynteson (703) 768-8122 32e93ea0-724c-4b8a-8f7a-3eca8486c896 Anneliese Thomson (703) 299-8595 E l e c t r o n i c a l l y signed by Anneliese Thomson (501-170-180-8434) 3-22-06 U.S. v. MOUSSAOUI Volume VIII Page 1678 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 They felt that it was English that was his problem, and that he didn't comprehend a lot of the instruments and everything else that he had to learn, so -Q. A. So what did you do in response to that? I called him into my office, and I told him that there were some difficulties and that I didn't think that he would be able to finish the course. He was very insistent that he could finish the course, and so, you know, we tried to continue on. Q. All right. Was there some type of exercise that you set up for him to help him get through the ground school portion? A. When it came time to do the oral exam with FAA, we knew he was not ready, so what I did was I set up a mock oral exam for him. Q. A. And how did he do on that exam? He did very poorly. Normally it is done in two hours, and it took him almost eight to finish. Q. A. So what did you do after that exercise? I pretty much said that there was no way that we would be able to finish. Q. A. What was his reaction to that? At that point in time, he requested that he just maybe spend some time in the simulator. Q. A. Q. Did you let him into the simulator? Yes, we did. Why? Anneliese Thomson (703) 299-8595 E l e c t r o n i c a l l y signed by Anneliese Thomson (501-170-180-8434) Karen Brynteson (703) 768-8122 32e93ea0-724c-4b8a-8f7a-3eca8486c896 3-22-06 U.S. v. MOUSSAOUI Volume VIII Page 1679 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 A. I didn't have any idea of, you know, I thought that he was just trying to learn, and so we in the pilot industry try to help people to learn. Q. A. Q. A. And he was a paying client, right? He was. And how did he do when he got into the 737 simulator? He had a basic knowledge of flight but not that great. He didn't do well. Again, I was approached by the instructors because he just wanted to deviate from the program. We have a set program, which we do try to follow regardless, because as I stated, we want them to learn, and so he wanted to deviate from that. He didn't want to do the takeoff or landing procedures. He just wanted to basically fly the simulator in the air. Q. And was he interested in getting as much time in the simulator as he could? A. Q. Yes, he was. And now, based on your concerns and what had happened there at Jet Tech with Hani Hanjour, what phone call did you make, if any, to the FAA? A. I made a phone call to John Anthony, who oversaw our flight training center. He was with the FAA. I contacted him with concerns. At first, the first time I had the conversation with him was because I didn't feel that he was capable of flying an aircraft. Anneliese Thomson (703) 299-8595 E l e c t r o n i c a l l y signed by Anneliese Thomson (501-170-180-8434) Karen Brynteson (703) 768-8122 32e93ea0-724c-4b8a-8f7a-3eca8486c896 3-22-06 U.S. v. MOUSSAOUI Volume VIII Page 1680 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 Q. A. Q. You mean Hani Hanjour was incapable? Hani Hanjour was not capable; that's correct. All right. And you said your first phone call. Was there more than one phone call that you made to the FAA about Mr. Hanjour? A. I don't remember the exact number of phone calls. I know that I definitely had at least three conversations with John Anthony regarding Hani Hanjour. Q. A. And what was your concern? My concern was -- well, there was two issues that I had. First issue was that he didn't speak English well enough. He couldn't get through an exam well enough, and he couldn't write well enough to have a pilot's license. That was my initial concern was how did he get his pilot's license. My second concern in the second conversation was I was worried that he was going to hurt himself or hurt somebody else because his skills were -- he just didn't have the skills to fly, I didn't feel. Q. Were you concerned that he was going to intentionally hurt somebody or just because he couldn't fly very well? A. I was more concerned that he was going to hurt somebody because of an accident, not because he intentionally meant to. Q. And what do you mean by you were concerned about how he got his private pilot's license? A. FAA regulations state that you have to be able to read, Anneliese Thomson (703) 299-8595 E l e c t r o n i c a l l y signed by Anneliese Thomson (501-170-180-8434) Karen Brynteson (703) 768-8122 32e93ea0-724c-4b8a-8f7a-3eca8486c896 3-22-06 U.S. v. MOUSSAOUI Volume VIII Page 1681 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 write, and speak English, and because he couldn't get through the exams that we gave him, it was obvious that he didn't have the requirements to get through the exams according to our FAA regulations. So that was the concern of mine. Q. All right. Can you take a look now, if you pick up Government Exhibit PX-21.1, which should be a manila folder. Excuse me, Mr. Wood, I think you have got it in your left hand, there. Is the manila folder inside there? It is right in your right hand now, Mr. Wood. A. Okay, that's PX-22. MR. SPENCER: Mr. Wood? That's it right there. On the inside. Thank you, sir. BY MR. SPENCER: Q. A. Q. A. Now, do you recognize that manila file folder that's 21.1? Yes, I do. Okay. What is that? It is basically showing when he made payments in cash, basic, his deposit. Also, what we were charging him for the cockpit training was $200 for the four hours, and then the simulator was 250 an hour, and it also states a total, as well as a contact that I made to John Anthony with my suspicions. Q. A. So those are your notes on the bottom? Correct. MR. SPENCER: Mr. Francisco, can you put up the bottom there? Anneliese Thomson (703) 299-8595 E l e c t r o n i c a l l y signed by Anneliese Thomson (501-170-180-8434) Karen Brynteson (703) 768-8122 32e93ea0-724c-4b8a-8f7a-3eca8486c896 3-22-06 U.S. v. MOUSSAOUI Volume VIII Page 1682 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 BY MR. SPENCER: Q. A. Q. So down on the bottom, is that your handwriting? Yes, it is. And those are your notes of, saying that you called John Anthony at the FAA? A. Q. A. Yes. All right. Suspicious of ratings, what did you mean by that? I didn't believe he should have a pilot's license, period, so he shouldn't have been rated as a pilot. Q. Had you ever called the FAA before Mr. Hanjour to report another student? A. Q. Never. All right. Let me take you now, please, to September 11, 2001. Did the FBI come to interview you on that day? A. Q. A. Q. A. Q. On September 11? Yes. No. Did they come to interview you the next day? I believe they did. All right. Tell the jury what happened when the FBI came to see you on September 12th, 2001. A. When they came to the office, I had already known in my heart that Hani was a part of it, so when they came in and introduced themselves, I pretty much initiated a conversation that stated to them: You are here because of Hani Hanjour. Anneliese Thomson (703) 299-8595 E l e c t r o n i c a l l y signed by Anneliese Thomson (501-170-180-8434) Karen Brynteson (703) 768-8122 32e93ea0-724c-4b8a-8f7a-3eca8486c896 3-22-06 U.S. v. MOUSSAOUI Volume VIII Page 1686 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 English language skills? A. I was informed by the instructors that he was unable to perform the skills necessary to fly. Q. A. yes. Q. Did you call FAA headquarters, or was this a local And you contacted the FAA two or three times about this? I had conversations with them at least two or three times, representative? A. I called John Anthony, who was our overseer for our flight school. Q. Isn't, in fact, John Anthony a student? Wasn't he a student at the school? A. John Anthony was the FAA that oversaw our training center. He is required to come and sit through ground school once a year in order to maintain his credentials. Q. But he was there at the same time Mr. Hanjour was there, correct? A. Q. A. Q. He was at one point, yes. And he actually spoke with Mr. Hanjour, correct? Yes, he did. You were so concerned -- you were concerned about his language skills, correct, Mr. Hanjour's language skills? A. Initially I was concerned that he had a pilot's license and how he got that without having the correct FAA requirement. Q. And you mentioned that it took him eight hours to complete an Anneliese Thomson (703) 299-8595 E l e c t r o n i c a l l y signed by Anneliese Thomson (501-170-180-8434) Karen Brynteson (703) 768-8122 32e93ea0-724c-4b8a-8f7a-3eca8486c896 3-22-06 U.S. v. MOUSSAOUI Volume VIII Page 1687 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 exam that typically takes about two? A. Q. That's correct. What did the FAA representatives say to you when you told them that he lacked the appropriate English language skills? A. At that particular point, I asked him to verify his pilot license. Q. Didn't, didn't the FAA say that you could get a translator for Mr. Hanjour? MR. SPENCER: Your Honor, object to the hearsay. They can call Mr. Anthony if they want. MR. TROCCOLI: Your Honor, first of all, hearsay is not an appropriate objection in the penalty phase, as the Court previously ruled. THE COURT: We have relaxed the rules of evidence, as the law permits, as long as the evidence is reliable. I think in this case that's sufficiently reliable. I am going to overrule the objection. MR. SPENCER: Thank you, Your Honor. THE WITNESS: I'm sorry, do I answer that question? BY MR. TROCCOLI: Q. Didn't the FAA tell you, suggest to you that you could get a translator to help Mr. Hanjour with his language skills? A. During a course that Hani was sitting through with John Anthony, he did come in, and he did make a suggestion, which I immediately reminded him of the regulation that it is a Anneliese Thomson (703) 299-8595 E l e c t r o n i c a l l y signed by Anneliese Thomson (501-170-180-8434) Karen Brynteson (703) 768-8122 32e93ea0-724c-4b8a-8f7a-3eca8486c896 3-22-06 U.S. v. MOUSSAOUI Volume VIII Page 1688 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 requirement to be able to speak, read, and write English on your own. You can't have an interpreter. You have to be able to do what's required of the FAA, which is speak and read and write English. Q. A. Q. The FAA suggested that you bring in a translator, correct? That's correct. And you reminded the FAA representative that this went against the rules that require a pilot to read and write and speak English fluently, correct? A. Q. That's correct. And at some point thereafter, are you aware that Mr. Anthony actually spoke to Mr. Hanjour and got a sense of his language skills? A. Q. You know, I am not aware of the conversations that he had. Do you know if the FAA did anything else other than suggest a translator? A. Yes, they did. They contacted Washington to verify that his pilot's license was legitimate. Q. A. And did they revoke his license, do you know? They checked to make sure that he made it through with his initial pilot license, and that's the call that I got. That's all I know. I got a call back stating that his pilot's license was a legitimate license. Q. A. Do you know the name of that person? I do not. Anneliese Thomson (703) 299-8595 E l e c t r o n i c a l l y signed by Anneliese Thomson (501-170-180-8434) Karen Brynteson (703) 768-8122 32e93ea0-724c-4b8a-8f7a-3eca8486c896

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