Trial Transcript (page 1914-2231)

1914

1 already had a search warrant or did you have to wait for a
2 search warrant to be obtained?
3 A. We had to wait for a search warrant to be obtained.
4 Q. During the time period you were waiting for a search
5 warrant to be signed by a Judge, what did you do with respect
6 to that residence?
7 A. After the arrest we secured the residence, the apartment.
8 The reason for that, we wanted to make sure the evidence would
9 not be removed or destroyed or concealed in any way before the
10 search got started.
11 Q. Is that what you mean by securing a residence?
12 A. Yes.
13 Q. During the period of time you are waiting for the search
14 warrant, did you or did anybody at your direction or anybody in
15 your presence touch, tamper, remove, alter, any evidence inside
16 that apartment?
17 A. No.
18 Q. Did you eventually receive notice that a Chief United
19 States District Judge Edward Davis signed an order permitting a
20 search of Apartment A403?
21 A. Yes.
22 Q. Did you then begin the process of searching Apartment A403?
23 A. Yes, we did.
24 Q. What I would like to do Special Agent Ball, if you could
25 just in a few words for the benefit of the folks on the jury,

RICHARD A. KAUFMAN, CMRR

1915

1 give them a verbal layout, a verbal walk through of Apartment
2 A403 before you begin with the photographs and a sketch?
3 A. Essentially the apartment is a two bedroom, two bath
4 apartment. As you enter the apartment through the exterior or
5 front door, you walk into a small foyer area. To the right is
6 a dining room area. To the left is a hallway closet. Right
7 beyond the hallway closet on the left is the entryway into the
8 master bedroom. Beyond that is a living room area. To the
9 right of the living room is a second bedroom. Directly across
10 from that is a bathroom and a kitchen.
11 Q. Let me show you what has been marked for identification
12 MR. HOROWITZ: Mr. Kastrenakes, may I look at it,
13 please?
14 MR. KASTRENAKES: Yes.
15 BY MR. KASTRENAKES:
16 Q. SC 19. Do you recognize that particular document?
17 A. Yes.
18 Q. What is it?
19 A. It is the sketch of the location which was searched, the
20 Apartment A403.
21 Q. Does it fairly and accurately describe the layout of
22 Apartment A403 as it existed on September 12, 1998?
23 A. Yes, it does.
24 MR. KASTRENAKES: The government would offer SC 19 as
25 its next exhibit.

RICHARD A. KAUFMAN, CMRR

1916

1 MR. HOROWITZ: No objection.
2 THE COURT: It will be admitted as Government’s
3 Exhibit SC 19.
4 (A document was received in
5 evidence as Government’s Exhibit SC 19.)
6 MR. KASTRENAKES: May I publish?
7 THE COURT: You may.
8 BY MR. KASTRENAKES:
9 Q. Special Agent Ball, we can all read the language, the words
10 you used, master bedroom, bath. What are the numbers you have
11 placed, for example here, the 2, the 3, the 2A. What do those
12 mean and why were they placed on your sketch?
13 A. The reason we numbered the rooms is to make it easier for
14 us to document where the evidence was found within the search
15 location.
16 Q. Are those random numbers that you prepare yourself to
17 assist you in the seizure of evidence from that particular
18 residence?
19 A. Yes, it is.
20 Q. Again, it is difficult from here, but does that accurately
21 portray the two bedrooms, the bathroom, the living room, the
22 two bathrooms, as they existed on September 12, 1998?
23 A. Yes, it does.
24 Q. Did you also cause to be taken, a photograph that showed,
25 and would assist the jurors in showing to them, the layout of

RICHARD A. KAUFMAN, CMRR

1917

1 Apartment A403?
2 A. Yes, we did.
3 MR. KASTRENAKES: I will be showing the witness
4 SC 17A through G.
5 For purposes of your record keeping, there are three
6 add on exhibits, SC 17E, F and G which are not typed in on your
7 exhibit list.
8 BY MR. KASTRENAKES:
9 Q. Special Agent Ball, if you could look through those series
10 of photographs to yourself and tell us if you recognize them or
11 not?
12 A. Yes, I do.
13 Q. Do they fairly and accurately portray the interior of
14 Apartment A403 as it existed on September 12, 1998?
15 A. Yes.
16 MR. KASTRENAKES: We would offer into evidence as the
17 next exhibits on behalf of the United States, SC 17A
18 consecutively through SC 17G.
19 MR. HOROWITZ: No objection, Your Honor.
20 THE COURT: They will be admitted as Government’s
21 Exhibits SC 17A through G.
22 (A document was received in
23 evidence as Government’s Exhibit SC 17A G.)
24 MR. KASTRENAKES: Also 17A 1 through G 1 as
25 accompanying photographs.

RICHARD A. KAUFMAN, CMRR

1918

1 MR. HOROWITZ: No objection.
2 THE COURT: They will be received as Government’s
3 Exhibits SC 17A 1 through G 1.
4 (A document was received in
5 evidence as Government’s Exhibit SC 17A 1 17G 1.)
6 BY MR. KASTRENAKES:
7 Q. If you could tell the folks on the jury what SC 17A
8 represents?
9 A. This is the outside of the building where Apartment A403
10 was located.
11 Q. SC 17B, what does that represent?
12 A. It is the front door to Apartment A403.
13 Q. SC 17C?
14 A. That is the computer desk located right by the living room
15 area.
16 Q. And if we could just go back to the sketch where it says
17 computer desk right here on the sketch, is that where that
18 photograph is?
19 A. That is correct.
20 Q. SC 17D?
21 A. That is the hallway closet as you enter the apartment from
22 the exterior, from the front door.
23 Q. Again going back to the sketch, from the front door?
24 A. Yes, the one labeled 1A.
25 Q. Which would be right here?

RICHARD A. KAUFMAN, CMRR

1919

1 A. That is correct.
2 Q. E, F and G, if you could take a mental note of what they
3 represent, I will have to put them on the overhead. Actually
4 you will be able to see it too. The beauty of modern
5 technology.
6 SC 17E. What does that show?
7 A. That is the inside of the walk in closet inside the master
8 bedroom.
9 Q. Particularly in that photograph, is there a particular item
10 you seized evidence from in relation to this case?
11 A. That is correct. The bag that has the word “Cuba” on the
12 front and the cigarette box contained within that bag.
13 Q. This box here?
14 A. That is correct.
15 Q. SC 17F. What is that a photograph of?
16 A. Again, that is a picture of the computer desk located in
17 the living room area.
18 Q. Did you seize some evidence from that particular location
19 or evidence, seized pursuant to your directions at that
20 location?
21 A. Yes.
22 Q. Specifically, was the hard drive seized?
23 A. Correct.
24 Q. Were there some documents seized on top of the computer
25 table?

RICHARD A. KAUFMAN, CMRR

1920

1 A. Yes.
2 MR. HOROWITZ: Objection, leading.
3 THE COURT: Sustained.
4 BY MR. KASTRENAKES:
5 Q. Was there something that was seized on top of the computer
6 table?
7 A. Yes, there were documents found on the table.
8 Q. What is 17G?
9 A. It shows the actual top of the computer table and one of
10 the documents that were seized.
11 Q. Where is that document so I could point to it?
12 A. It is underneath the mouse pad in blue.
13 Q. This white piece of paper?
14 A. That is correct.
15 Q. Let me show you what has been marked SC 1. Do you
16 recognize that photograph, sir?
17 A. Yes, I do.
18 Q. Was that photograph recovered at 8000 Southwest 149 Avenue
19 Apartment Number A 403?
20 A. Yes, it was.
21 Q. Where specifically in that residence?
22 A. It was found in the drawer of the master bedroom.
23 Q. Which would be what room on the sketch?
24 A. Room number 2.
25 Q. In the master bedroom where?

RICHARD A. KAUFMAN, CMRR

1921

1 A. In a drawer right there by the master bedroom.
2 Q. Does it appear to be in the same or substantially the same
3 condition today as when it was recovered on September 12, 1998?
4 A. Yes, it does.
5 MR. KASTRENAKES: We would offer SC 1 and the
6 enlargement of SC 1 which is SC 1 A.
7 MR. HOROWITZ: No objection.
8 THE COURT: They will be admitted as SC 1 and SC 1 A.
9 (A document was received in
10 evidence as Government’s Exhibit SC 1 and SC 1 A.)
11 MR. KASTRENAKES: May I publish?
12 THE COURT: You may.
13 BY MR. KASTRENAKES:
14 Q. Special Agent Ball, do you recognize what has been marked
15 for identification as SC 3?
16 A. Yes.
17 Q. Is that photograph a photograph you recovered, again from
18 that same apartment?
19 A. Yes, it was.
20 Q. Where was it recovered, sir?
21 A. This was also found in the master bedroom, particularly in
22 the night stand.
23 Q. Does it appear to be in the same or substantially the same
24 condition today as it was when it was recovered on September
25 12, 1998?

RICHARD A. KAUFMAN, CMRR

1922

1 A. Yes, it does.
2 MR. KASTRENAKES: We would offer as the next exhibit
3 SC 3.
4 MR. HOROWITZ: No objection.
5 THE COURT: It will be admitted as Government’s
6 Exhibit SC 3.
7 (A document was received in
8 evidence as Government’s Exhibit SC 3.)
9 MR. KASTRENAKES: May I publish?
10 THE COURT: You may.
11 BY MR. KASTRENAKES:
12 Q. Let me show you what has been marked SC 15 and ask if you
13 recognize the photograph that is on a placard there?
14 A. Yes, sir.
15 Q. Was that recovered inside the same apartment?
16 A. That is correct.
17 Q. In that condition, sir?
18 A. Yes.
19 Q. In other words, blown up and mounted on a placard?
20 A. Yes.
21 Q. Where was it recovered in that apartment?
22 A. This was recovered from the computer desk area.
23 Q. Does it appear to be in the same or substantially the same
24 condition today as it was when it was recovered on September
25 12, 1998?

RICHARD A. KAUFMAN, CMRR

1923

1 A. Yes, it does.
2 MR. KASTRENAKES: We would offer it as SC 15.
3 MR. HOROWITZ: No objection.
4 THE COURT: It will be admitted as Government’s
5 Exhibit SC 15.
6 (A document was received in
7 evidence as Government’s Exhibit SC 15.)
8 MR. KASTRENAKES: May I publish it?
9 THE COURT: Yes, you may.
10 BY MR. KASTRENAKES:
11 Q. I would like to show you two pictures, agent Ball. Let me
12 show you what has been marked for identification as SC 4
13 composite. Do you recognize those two pictures?
14 A. Yes.
15 Q. Did they come from Apartment A403 on September 12, 1998?
16 A. Yes, they did.
17 Q. From where were they recovered?
18 A. They were also in the night stand drawer in the master
19 bedroom.
20 Q. Do they appear to be in the same condition today as they
21 were when they were recovered from Apartment A403?
22 A. Yes.
23 MR. KASTRENAKES: We would offer SC 4 composite and
24 the two blowups of the individual pictures, SC 4A and SC 4B.
25 MR. HOROWITZ: No objection.

RICHARD A. KAUFMAN, CMRR

1924

1 THE COURT: They will be admitted as Government’s
2 Exhibits SC 4 composite, SC 4A and SC 4B.
3 (A document was received in
4 evidence as Government’s Exhibit SC4, SC 4A, SC 4B.)
5 MR. KASTRENAKES: May I publish?
6 THE COURT: You may.
7 BY MR. KASTRENAKES:
8 Q. In evidence already is SC 17E which is the photograph of
9 the cigar box and what I would like to do is show you now SC 9
10 composite.
11 If you could look through the items contained in that
12 exhibit and tell us if you recognize them from having been
13 seedsed from the residence on September 12, 1998?
14 A. Can I remove them?
15 Q. Please do, so you could look at them individually.
16 A. Yes, I do.
17 Q. Where do those items come from in Apartment A403?
18 A. They were found in the cigar box located in the walk in
19 closet in the master bedroom.
20 Q. The one depicted in SC 17?
21 A. They do.
22 Q. Do they appear to be in the same condition as they were
23 when they were recovered on September 12, 1998 inside defendant
24 Gonzalez’ apartment?
25 A. Yes.

RICHARD A. KAUFMAN, CMRR

1925

1 MR. KASTRENAKES: We would offer SC 9 composite.
2 MR. HOROWITZ: No objection.
3 THE COURT: It will be admitted.
4 (A document was received in
5 evidence as Government’s Exhibit SC 9.)
6 BY MR. KASTRENAKES:
7 Q. If you could go through these items and if you could
8 publish portions of each item.
9 I will put them on the overhead so as you are
10 publishing them the jurors can follow along with you.
11 You can actually see them right there on your screen
12 too.
13 A. That is a receipt for the County Clerk’s office in Chicago,
14 Illinois.
15 That is a receipt for a driver’s license that
16 apparently was obtained by Rene Gonzalez.
17 Q. If you could publish parts of this document. First of all,
18 the name it is a Florida driver’s license?
19 A. That is correct.
20 Q. Whose name is it in?
21 A. In the name of Rene Gonzalez.
22 Q. And the address on the receipt?
23 A. 4328 Midland Road Sarasota, Florida 34331.
24 Q. If you could tell us the day of the application of this
25 driver’s license?

RICHARD A. KAUFMAN, CMRR

1926

1 A. January 2, 1991.
2 Q. I am showing another document that you have testified came
3 from the cigar box. What is this document?
4 A. This is a letter can you move it up?
5 It is a letter from an individual by the name of Ethel
6 Landry to vital records in Chicago, Illinois, requesting a copy
7 of a birth certificate for Rene Gonzalez.
8 Q. The date of the letter is what?
9 A. March 7, 1988.
10 Q. And the person sending the letter is writing it from which
11 address?
12 A. From 4328 Midland Road, Sarasota, Florida 33581.
13 Q. And the letter is directed to the vital records in Chicago?
14 A. That is correct.
15 Q. If you could go ahead and read it by publishing the letter
16 that is there?
17 A. It says “Dear sir, my grandson who presently resides in
18 Cuba has requested that I obtain a copy of his birth
19 certificate for him. Following is the information needed.”
20 Then he goes full name. Rene Gonzalez. Birth number
21 112566736392. Then it goes date of birth, August 13, 1956.
22 Place of birth, Grantor Masonic Hospital Chicago, Illinois.
23 The father’s name Rene Gonzalez. Mother’s maiden name Irma
24 S H W E R E R T. It encloses a $5 money order. Upon receipt I
25 will forward the document to my grandson. Thank you for your

RICHARD A. KAUFMAN, CMRR

1927

1 assistance. If you have any questions, please contact me or my
2 granddaughter who lives in Chicago, Esther Diaz 312 442 7552.
3 Q. And it is signed by the person you identified?
4 A. Yes.
5 Q. Was this newspaper clipping also in the cigar box?
6 A. Yes.
7 Q. You don’t have to read the entire newspaper clipping but
8 tell the folks on the jury the Reader’s Digest version of this?
9 A. Essentially what it is, it is a clipping regarding a Cuban
10 pilot and a maintenance crew that had arrived in Key West to
11 fly back a Soviet built jet fighter, a MIG 23 that had been
12 flown here by a defecting pilot by the name of Orestes Lorenzo
13 Perez.
14 Q. You testified a person by the name of Rene Gonzalez at 4328
15 Midland Road, Sarasota, applied for a driver’s license on
16 January 2, 1991. I would like to show you now
17 MR. KASTRENAKES: We will be offering in evidence 755
18 and 755A, official copies from the State of Florida of a
19 driver’s license and application for a driver’s license. They
20 are self authenticating.
21 MR. HOROWITZ: No objection.
22 THE COURT: They will be admitted into evidence as
23 Government’s Exhibits 755 and 755A.
24 (A document was received in
25 evidence as Government’s Exhibit 755 and 755A.)

RICHARD A. KAUFMAN, CMRR

1928

1 BY MR. KASTRENAKES:
2 Q. Do you recognize the person depicted in 755?
3 A. Yes, I do.
4 Q. Is that defendant Gonzalez?
5 A. Yes, it is.
6 Q. The address of this driver’s license is what?
7 A. 995 Southwest 84th Avenue Apartment 405 Miami, Florida,
8 33144.
9 Q. That is not the apartment you searched on September 12,
10 1998?
11 A. That is correct.
12 Q. It is not?
13 A. It is not, right.
14 Q. And the date that license was obtained is what, sir? You
15 have the duplicate issue date.
16 A. 5/23/94.
17 Q. Do you recognize what is marked as SC 7 composite?
18 A. Yes, I do.
19 Q. Were those three business cards recovered from Apartment
20 A403?
21 A. Yes, they were.
22 Q. Where?
23 A. They were located in the walk in closet in the master
24 bedroom, which is room number 2.
25 Q. Do they appear to be in the same condition today or

RICHARD A. KAUFMAN, CMRR

1929

1 substantially the same condition as they were when they were
2 recovered on September 12, 1998?
3 A. Yes, they do.
4 MR. KASTRENAKES: We would be offering into evidence
5 at this time SC 7 and the blow up or the enlargements of those
6 three business cards SC 7A.
7 MR. HOROWITZ: No objection.
8 THE COURT: They will be admitted as Government’s
9 Exhibits SC 7 composite and SC 7A composites.
10 (A document was received in
11 evidence as Government’s Exhibit SC 7 and SC 7A.)
12 MR. KASTRENAKES: May I publish?
13 THE COURT: You may.
14 BY MR. KASTRENAKES:
15 Q. Let’s take the top card first. Tell us what that is, sir?
16 A. This is a business card for a company by the name of Fedco,
17 F E D C O. The individual’s name there is Juan Pablo Roque.
18 That particular company is located in Miami, Florida.
19 Q. Is there a handwritten notation on that business card?
20 A. A beeper number handwritten.
21 Q. That number is what?
22 A. 734 5799.
23 Q. The next card?
24 A. The next card is a business card for Ileana Ros Lehtinen, a
25 member of Congress for the 18th District here in Florida and

RICHARD A. KAUFMAN, CMRR

1930

1 there is a Miami and Washington address on that business card.
2 Q. And the third business card?
3 A. The third business card is for Special Agent Oscar Montoto
4 from the FBI.
5 Q. Do you recognize those business cards?
6 A. Yes.
7 Q. Do you have one yourself?
8 A. I certainly do.
9 Q. Do you know Special Agent Oscar Montoto?
10 A. Yes, I do.
11 Q. Is he a special agent with the FBI?
12 A. Yes, he is.
13 Q. What else is on that business card?
14 A. In addition to the FBI address, there are two general
15 numbers for the FBI office which is the 305 944 9101 which is
16 the Dade number. The Broward number is 305 463 9111.
17 In addition to that, there are three handwritten phone
18 numbers, one looks like a beeper number. The second one for a
19 direct number and a third one is a fax number.
20 Q. You have told us you know Special Agent Montoto and he is
21 an FBI agent?
22 A. Yes, he is.
23 Q. However, the Broward number is an area code 305 number. Is
24 that still the area code for Broward County?
25 A. It is not.

RICHARD A. KAUFMAN, CMRR

1931

1 Q. What does that say to you about the age of this particular
2 business card?
3 A. It is pretty old.
4 Q. You don’t have any information how these business cards got
5 into that particular residence?
6 A. No, I do not.
7 Q. Let me show you what has been marked SC 5. Do you
8 recognize SC 5?
9 A. Yes, I do.
10 Q. Did that particular document come from the search of
11 Apartment A403?
12 A. Yes.
13 Q. From where?
14 A. It was located again in the night stand in the master
15 bedroom inside the drawer there.
16 Q. Does it appear to be in the same or substantially the same
17 condition as it was when it was recovered on September 12,
18 1998?
19 A. Yes, it does.
20 MR. KASTRENAKES: We will be offering SC 5 as the next
21 exhibit.
22 MR. HOROWITZ: No objection.
23 THE COURT: It will be admitted as Government’s
24 Exhibit SC 5.
25 (A document was received in

RICHARD A. KAUFMAN, CMRR

1932

1 evidence as Government’s Exhibit SC 5.)
2 BY MR. KASTRENAKES:
3 Q. What is SC 5?
4 A. It is essentially a birth certificate.
5 Q. Who is it a birth certificate for, in what name?
6 A. Rene Gonzalez.
7 MR. KASTRENAKES: The detail is kind of small. If I
8 could hand it to the jurors?
9 THE COURT: That is fine. You may.
10 BY MR. KASTRENAKES:
11 Q. I will have you look at SC 10 composite while the folks are
12 looking at it on the jury.
13 If you could look through the papers that are
14 contained in the sleeve and tell us if you recognize them, sir?
15 A. Yes, I do.
16 Q. Were those papers recovered from Apartment A403 on
17 September 12, 1998?
18 A. Yes, they were.
19 Q. Where?
20 A. They were found in the dining room area.
21 Q. Do they appear to be in the same or substantially the same
22 condition today as when they were recovered back on September
23 12, 1998?
24 A. Yes, they do.
25 MR. KASTRENAKES: We would be offering SC 10 as the

RICHARD A. KAUFMAN, CMRR

1933

1 next exhibit.
2 MR. HOROWITZ: No objection.
3 THE COURT: It will be admitted as Government’s
4 Exhibit SC 10.
5 (A document was received in
6 evidence as Government’s Exhibit SC 10.)
7 BY MR. KASTRENAKES:
8 Q. Tell us what each one of these documents are. The first
9 document that was there, that is an affidavit from who?
10 A. Rene Gonzalez.
11 Q. Residing at what residence?
12 A. 995 Southwest 84th Avenue.
13 Q. Without going through all the particulars of this
14 affidavit, in this affidavit, what is the Rene Gonzalez
15 residing at that address seeking to do?
16 A. He is seeking to try to get this individual by the name of
17 Olga Salanueva into the U.S.
18 Q. As part of that affidavit, did he fill out a financial
19 disclosure?
20 A. He does.
21 Q. Indicating how much money he has in a bank account, what
22 personal property?
23 A. Yes, he does.
24 Q. Go to the second page. Indicate what date that Rene
25 Gonzalez signed that affidavit?

RICHARD A. KAUFMAN, CMRR

1934

1 A. March 31, 1995.
2 Q. Attached to the affidavit, did you notice a number of
3 personal letters?
4 A. Yes.
5 Q. The first one was from whom?
6 A. Letters from A E R O Club International Inc.
7 Q. Signed by whom?
8 A. Felix R. Sanchez, President.
9 Q. Again without publishing every detail of this letter, what
10 is the letter purporting to do?
11 A. Essentially a reference letter? For whom.
12 A. For Rene Gonzalez.
13 Q. The second letter?
14 A. It is from Esperanza Carpet and it is signed by Carlos
15 Freda, vice president.
16 Q. What is Mr. Freda essentially doing in this letter?
17 A. That he has provided Olga Salanueva employment with
18 Esperanza Carpet.
19 Q. If she is allowed to come into the United States?
20 A. That is correct.
21 Q. And a bank statement?
22 A. Yes.
23 Q. Then a 1994 tax return?
24 A. That is correct.
25 Q. The next document, can you read that?

RICHARD A. KAUFMAN, CMRR

1935

1 A. I could read it.
2 Q. What is this?
3 A. Essentially it is a receipt for $75.
4 Q. Indicating that who has received what?
5 A. INS received the application and petition that Rene
6 Gonzalez had submitted.
7 Q. Which was the affidavit and the attachments?
8 A. That is correct.
9 Q. The next document is what?
10 A. This is the actual notification from INS to Rene indicating
11 they had approved the affidavit.
12 Q. To Rene Gonzalez?
13 A. Right.
14 MR. KASTRENAKES: May I publish SC 10 composite to the
15 jurors in more detail what happened?
16 THE COURT: You may.
17 BY MR. KASTRENAKES:
18 Q. While the jurors are looking at SC 10 and another exhibit,
19 let me go back. You already identified what is in evidence as
20 SC 17C, the computer desk area?
21 A. Yes.
22 Q. Did you seize the actual hard drive, sir?
23 A. Yes.
24 Q. Let me show you what has been marked SC 16. Is that that
25 hard drive that is in that photograph?

RICHARD A. KAUFMAN, CMRR

1936

1 A. Yes, it is.
2 Q. Does it appear to be today in the same condition or
3 substantially the same condition as it was when you seized it
4 on September 12, 1998?
5 A. Yes, it does.
6 MR. KASTRENAKES: We will be offering SC 16 as the
7 next exhibit.
8 MR. HOROWITZ: No objection.
9 THE COURT: It will be admitted as Government’s
10 Exhibit SC 16.
11 (A document was received in
12 evidence as Government’s Exhibit SC 16.)
13 BY MR. KASTRENAKES:
14 Q. Special Agent Ball, I will show you four pictures if you
15 could look at SC 8 composite, those four pictures, and tell us
16 if you recognize them, sir?
17 A. Yes, I do.
18 Q. Were those four photographs seized from defendant Gonzalez’
19 apartment?
20 A. Yes, they were.
21 Q. On September 12, 1998?
22 A. Yes, they were.
23 Q. From where, sir?
24 A. They were found in the second bedroom, the top drawer of
25 the night stand.

RICHARD A. KAUFMAN, CMRR

1937

1 Q. Do they appear to be today in the same or substantially the
2 same condition as when they were recovered pursuant to that
3 search warrant on September 12, 1998?
4 A. Yes, they do.
5 MR. KASTRENAKES: The United States would be offering
6 SC 8 composite and the two blowup composite exhibits
7 themselves, 8A and 8B.
8 MR. HOROWITZ: No objection.
9 THE COURT: They will be admitted as SC 8 composite
10 and SC 8A and B.
11 (A document was received in
12 evidence as Government’s Exhibit SC 8, SC 8A and B.)
13 MR. KASTRENAKES: May I publish?
14 THE COURT: You may.
15 MR. KASTRENAKES: May I have one moment, Your Honor, I
16 believe I am finished.
17 THE COURT: Sure.
18 (Interruption.)
19 MR. KASTRENAKES: No further questions of Special
20 Agent Ball at this time.
21 THE COURT: Mr. McKenna.
22 MR. McKENNA: No questions.
23 MR. NORRIS: No questions.
24 MR. MENDEZ: No questions.
25 MR. BLUMENFELD: No questions.

RICHARD A. KAUFMAN, CMRR

1938

1 MR. HOROWITZ: I have some, if I may.
2 THE COURT: You may.
3 CROSS EXAMINATION
4 BY MR. HOROWITZ:
5 Q. Special Agent Ball, my name is Phil Horowitz, I represent
6 Rene Gonzalez.
7 You are not assigned to the counter intelligence
8 squad?
9 A. I am not.
10 Q. You were not assigned to them in September of 1998?
11 A. No.
12 Q. You were asked to assist your brother agents, were you not?
13 A. Yes.
14 Q. As part of your assistance, you were a team leader, as it
15 is called, in a search?
16 A. Yes.
17 Q. And the search took place at Rene Gonzalez’ residence?
18 A. Yes.
19 Q. It is a two bedroom, two bathroom apartment in the Kendall
20 area of Dade County; is that a fair statement?
21 A. Yes.
22 Q. You said you were there at 6 a.m. more or less on September
23 12, 1998; is that correct?
24 A. That is correct.
25 Q. When you were there, you testified I believe it was a

RICHARD A. KAUFMAN, CMRR

1939

1 little before 6 a.m.?
2 A. Yes.
3 Q. Mr. Gonzalez was already in custody?
4 A. He was arrested approximately 6 a.m. we got there a little
5 bit earlier.
6 Q. After Mr. Gonzalez was arrested, the apartment was secured,
7 was it not?
8 A. Yes.
9 Q. Part of securing an apartment or securing a scene is to
10 check to see if there are any other people present?
11 A. Yes.
12 Q. At this date and time there were other people present, were
13 there not?
14 A. Yes.
15 Q. They were people you later learned to be Rene Gonzalez’
16 wife?
17 A. Yes.
18 Q. His teenaged daughter?
19 A. Yes.
20 Q. And an infant daughter.
21 A. Is that correct.
22 A. That is correct.
23 Q. The scene was secured, is that a fair statement, a little
24 after 6 a.m.?
25 A. That is correct.

RICHARD A. KAUFMAN, CMRR

1940

1 Q. During the intervening time from 6 a.m. until 6 p.m. when
2 you received notification that the search warrant had been
3 obtained, no one was permitted access to Apartment A403;
4 correct?
5 A. Correct.
6 Q. That includes Mr. Gonzalez’ wife?
7 A. Rene Gonzalez’ wife was inside the apartment at the time.
8 She remained in the apartment the entire time.
9 Q. How many agents as well?
10 A. One or two agents remained in there to make sure no
11 evidence was removed, destroyed or anyway concealed in any way.
12 Q. And the scene was maintained for that twelve hour period?
13 A. Until we started the search; that is correct.
14 Q. You started the search after 7 p.m. on the same day?
15 A. That is correct.
16 Q. I am showing you Government’s Exhibit in evidence SC 1. Do
17 you recall that exhibit?
18 A. I do.
19 Q. You recall finding that exhibit in the drawer of the master
20 bedroom?
21 A. Correct.
22 Q. Do you know when that photograph was taken?
23 A. No.
24 Q. Do you know the circumstances of the taking of that
25 photograph?

RICHARD A. KAUFMAN, CMRR

1941

1 A. No.
2 Q. You could only tell the ladies and gentlemen of the jury
3 where it was found?
4 A. That is correct.
5 Q. And that would be September 12, 1998?
6 A. That is correct.
7 Q. You cannot testify as to how that picture got there?
8 A. Right.
9 Q. Who took the photograph?
10 A. Right.
11 Q. The circumstances surrounding the taking of the photograph?
12 A. That is correct.
13 Q. Or whether in fact the occupants of that apartment took
14 that photograph?
15 A. That is correct.
16 Q. Or whether the photograph was received as a gift; correct?
17 A. That is correct.
18 Q. In executing the search warrant that we have talked about,
19 the photographs that were given to you to identify during
20 direct examination, those were only a smattering of the
21 photographs that were found?
22 A. That is correct.
23 Q. Is it a fair statement you found hundreds and hundreds of
24 photographs that evening?
25 A. I wouldn’t say hundreds and hundreds. I am not sure of the

RICHARD A. KAUFMAN, CMRR

1942

1 exact amount.
2 Q. As the team leader, you didn’t do the actual searching?
3 A. That is not correct. I participated in the search as well.
4 Q. You participated in some of the search, but not all?
5 A. That is correct.
6 Q. The diagram that we saw showed various rooms within the
7 house?
8 A. That is correct.
9 Q. They were being searched simultaneously?
10 A. Yes.
11 Q. Ultimately you had the responsibility as the team leader
12 for this search to receive items and receive reports as to what
13 if anything was being found in the various locations?
14 A. That is correct.
15 Q. Government’s Exhibit SC 9 were some items that were found
16 in a cigar box. This includes the letter, the newspaper
17 article and the application for the driver’s license; do you
18 recall those?
19 A. I recall them.
20 Q. The letter was written ten years before you executed the
21 search warrant; correct?
22 A. I don’t recall the exact date. I would have to look at the
23 date on the letter.
24 Yes, the letter was initiated in 1988.
25 Q. The driver’s license application was, according to the

RICHARD A. KAUFMAN, CMRR

1943

1 document, requested January 2, 1991; correct?
2 A. That is correct.
3 Q. And the newspaper article regarding Mr. Lorenzo, are you
4 aware whether Mr. Lorenzo defected in 1991 as well?
5 A. No.
6 Q. Do you know how those items got in the cigar box?
7 A. No, I do not.
8 Q. Do you know when they were placed in the cigar box?
9 A. No.
10 Q. Do you know who placed them in the cigar box?
11 A. No, I do not.
12 Q. The address there that is listed on the driver’s license
13 application from 1991 is a Sarasota, Florida address?
14 A. Yes.
15 Q. Are you aware whether or not Rene Gonzalez was living in
16 Sarasota in 1991?
17 A. No, I do not.
18 Q. Do you know whether he was living with his grandmother?
19 A. No, I do not know.
20 Q. You have SC 7 in front of you, the three business cards
21 that are also depicted in SC 7A, the blowup?
22 A. Yes.
23 Q. Those were found, were they not, in a walk in closet?
24 A. Yes.
25 Q. Where within the walk in closet were they found?

RICHARD A. KAUFMAN, CMRR

1944

1 A. Specifically?
2 Q. Yes.
3 A. I don’t recall specifically where within the walk in closet
4 they were found.
5 Q. They weren’t prominently displayed, were they, or do you
6 know?
7 A. I am not sure specifically where within the closet they
8 were found. I know they were found in the walk in closet on
9 September 12, 1998, which is right inside of the master
10 bedroom.
11 Q. The walk in closet also had clothes in it?
12 A. Yes.
13 Q. Did you identify on your direct examination any pictures of
14 what the walk in closet looked like?
15 A. I believe we had one picture where we found the cigar box
16 which was inside the closet.
17 Q. Showing you Government’s Exhibit 17D and 17E. Is that
18 similar to the condition you found the closets in?
19 A. Yes.
20 Q. I think it is 17D. Would you classify that to be a fairly
21 cluttered closet?
22 A. Yes.
23 MR. HOROWITZ: If I may publish 17D?
24 THE COURT: You may.
25 Q. That is 17D the closet you talked about?

RICHARD A. KAUFMAN, CMRR

1945

1 A. No, this is the hallway closet.
2 Q. That is in similar condition to the way you found the other
3 closet?
4 A. The other closet was the master bedroom walk in closet.
5 There were clothes there. This is a different closet.
6 Q. I am sorry; I will need the other picture.
7 Are the business cards depicted in that photograph?
8 A. No, they are not.
9 Q. Where in that photograph if any place were those business
10 cards found?
11 A. They were not in that particular photograph. They are not
12 depicted in that photograph.
13 Q. It is a fair statement to say those business cards were
14 buried in the bottom of the closet?
15 MR. KASTRENAKES: Objection. The witness already
16 testified he does not know.
17 THE COURT: Sustained.
18 BY MR. HOROWITZ:
19 Q. You cannot tell the ladies and gentlemen of the jury how
20 those business cards got there?
21 A. That is correct.
22 Q. Who placed those business cards in the bottom of the
23 closet?
24 A. I didn’t say they were at the bottom of the closet.
25 Q. Wherever in the closet they were found?

RICHARD A. KAUFMAN, CMRR

1946

1 A. That is correct.
2 Q. You don’t know who placed the writing on the business
3 cards?
4 A. That is correct.
5 Q. And you cannot testify to the circumstances surrounding how
6 those cards were obtained?
7 A. That is correct.
8 Q. For example, the card recovered of Special Agent Oscar
9 Montoto; you don’t recognize his handwriting on that document,
10 do you?
11 A. No.
12 Q. Government’s Exhibit SC 8, these photographs?
13 A. Yes.
14 Q. These items were found in the second bedroom?
15 A. In the night stand.
16 Q. That second bedroom was occupied by Rene Gonzalez’ teenaged
17 daughter?
18 A. I am not sure who occupied that room.
19 Q. Do you remember finding 15 year old girl’s clothes in that
20 bedroom?
21 A. I don’t recall whether that was her room or not. I know
22 there was a 15 year old female in the apartment. Whether that
23 was her room or not, I don’t know.
24 Q. Do you remember whether there were pink sheets and items
25 that would normally belong to a teenager?

RICHARD A. KAUFMAN, CMRR

1947

1 A. No.
2 Q. Did you make any note who resided in which room or which
3 personal clothing and other items were in which room?
4 A. We didn’t take any clothing from the rooms.
5 Q. Did you make a note who were the personal occupants?
6 A. The the master bedroom you could assume belonged to Rene
7 and his wife and the other bedroom belonged to that other young
8 lady that lived there.
9 Q. Was there a crib found?
10 A. In the second bedroom?
11 Q. Yes?
12 A. No.
13 Q. Was there a crib in the master bedroom?
14 A. Yes.
15 Q. At this time the youngest daughter was how old in your
16 estimation, less than a year?
17 A. Yes.
18 Q. The second bedroom where these photographs were discovered,
19 we can assume it was Rene Gonzalez’ teenaged daughter’s
20 bedroom
21 MR. KASTRENAKES: Objection to the form of the
22 question.
23 THE COURT: Sustained.
24 Rephrase your question.
25 BY MR. HOROWITZ:

RICHARD A. KAUFMAN, CMRR

1948

1 Q. Do you know who took these photographs?
2 A. No.
3 Q. At the time these photographs were discovered, was Rene
4 Gonzalez’ teenage daughter present?
5 A. She was in the apartment, yes.
6 Q. They were not physically removed or even asked to leave
7 while the search was ongoing; correct?
8 A. We gave them the option of leaving. They decided to remain
9 in the apartment.
10 Q. Did you ask Rene Gonzalez’ daughter where the pictures came
11 from?
12 A. No, I did not.
13 Q. Did you ask her whether she had been to Havana on vacation
14 in the last couple of months?
15 A. No, I did not.
16 Q. Did you ask her whether these photographs came from a
17 museum in Havana?
18 A. I did not.
19 Q. Did you ask her whether the figure on top is a wax figure?
20 A. No, I did not.
21 MR. HOROWITZ: If I may have Government’s Exhibit SC
22 10 from the jury.
23 BY MR. HOROWITZ:
24 Q. Do you have that document in front of you?
25 A. Yes.

RICHARD A. KAUFMAN, CMRR

1949

1 Q. Those items were seized from where?
2 A. The dining room table.
3 Q. In plain view or in a drawer?
4 A. On top of the table.
5 Q. Those are Rene Gonzalez’ wife immigration documents?
6 A. Correct.
7 Q. There is a letter that is attached from Aero Club?
8 A. Yes.
9 Q. As part of that exhibit?
10 A. Yes.
11 Q. Aero Club, it is represented within that letter is Rene
12 Gonzalez’ employer; is that correct?
13 A. Yes.
14 Q. He is employed as a flight instructor?
15 A. Yes, he is.
16 Q. It says he is a good employee, a reference letter as you
17 described?
18 A. Yes.
19 Q. The second letter is a letter from Esperanza Carpet
20 offering Rene Gonzalez’ wife a job at $270 a week if she is
21 admitted?
22 A. Yes.
23 Q. And when I say admitted, I mean admitted into the United
24 States?
25 A. That is correct.

RICHARD A. KAUFMAN, CMRR

1950

1 Q. The tax return that is attached appears to be a legitimate
2 tax return?
3 MR. KASTRENAKES: Objection to the form of the
4 question.
5 MR. HOROWITZ: If he knows.
6 THE COURT: Sustained. Rephrase your question.
7 BY MR. HOROWITZ:
8 Q. The tax return that is attached to that exhibit, does that
9 appear to you to be a legitimate tax return?
10 A. Yes.
11 Q. A photocopy of a tax return.
12 A. Yes.
13 Q. Also within that package of documents it shows that the
14 Immigration and Naturalization Service received those documents
15 I think in 1994; is that correct?
16 A. Yes.
17 Q. Ultimately in 1994, the Immigration and Naturalization
18 Service according to those documents approved the entry of Rene
19 Gonzalez’ wife into the United States?
20 A. That is correct.
21 Q. Anywhere within those documents is there any evidence that
22 a United States Congressman or Congresswoman assisted in the
23 processing of that application?
24 A. No.
25 Q. Showing you SC 7A composite. Can you see that from where

RICHARD A. KAUFMAN, CMRR

1951

1 you are?
2 A. Yes.
3 Q. Those are the three business cards.
4 Is there any evidence within Government’s Exhibits SC
5 10 that U.S. Congress woman Ileana Ros Lehtinen assisted in the
6 processing of that application?
7 MR. KASTRENAKES: Objection to the form of the
8 question.
9 THE COURT: Overruled.
10 BY THE WITNESS:
11 A. No, I have no knowledge of that.
12 BY MR. HOROWITZ:
13 Q. Is there anywhere contained within Government’s Exhibit SC
14 10 that the person whose name appears in the middle card, Juan
15 Pablo Roque, assisted in the processing of that application?
16 A. No.
17 Q. Anywhere contained within Government’s SC 10, is it
18 indicated the person on the bottom, Special Agent Oscar Montoto
19 or anyone else from the FBI assisted in the processing of that
20 application?
21 A. No.
22 MR. HOROWITZ: Nothing further, Your Honor.
23 THE COURT: We will take a break at this time.
24 Do not discuss this case amongst yourselves or anyone
25 else. Have no contact with anyone whatsoever associated with

RICHARD A. KAUFMAN, CMRR

1952

1 the trial. Do not read or listen to anything touching on this
2 matter in any way. Be back in the jury room in fifteen
3 minutes.
4 (Thereupon a recess was taken, after which the
5 following proceedings were had.)
6 (Open court. Jury not present.)
7 THE COURT: United States of America versus Gerardo
8 Hernandez, et al. Case Number 98 721.
9 Would counsel state their appearances.
10 (All parties present.)
11 THE COURT: All the defendants are present utilizing
12 the aid of the interpreters as needed.
13 THE COURT: Bring in the jurors.
14 (Jury present.)
15 THE COURT: You are still under oath, agent Ball
16 Thereupon
17
18 JULIO BALL,
19 called as a witness herein, having been previously duly sworn,
20 was examined and testified further as follows:
21 THE COURT: You may proceed, Mr. Kastrenakes.
22 REDIRECT EXAMINATION
23 BY MR. KASTRENAKES:
24 Q. Special Agent Ball, Mr. Horowitz asked you some questions
25 about the adult woman and the two children that were present at

RICHARD A. KAUFMAN, CMRR

1953

1 the apartment. Were they denied access to the apartment while
2 you were waiting on the authorization from Chief United States
3 District Judge Ed Davis for a search warrant?
4 A. They were not.
5 Q. You also were asked questions concerning Government’s
6 Exhibit SC 7A composite, the three business cards about the
7 handwriting on Special Agent Oscar Montoto’s business card?
8 A. Yes.
9 Q. You can’t tell us one way or the other whether that is
10 Special Agent Montoto’s handwriting or somebody else’s writing?
11 A. That is correct.
12 MR. KASTRENAKES: Nothing further.
13 THE COURT: You may step down.
14 (Witness excused.)
15 THE COURT: Call your next witness.
16 MR. KASTRENAKES: Special Agent Michael McAuliffe.
17 Thereupon
18
19 MICHAEL McAULIFFE,
20 called as a witness by the Government, having been first duly
21 sworn, testified as follows:
22 DIRECT EXAMINATION
23 BY MR. KASTRENAKES:
24 Q. Please introduce yourself to the ladies and gentlemen of
25 the jury?

RICHARD A. KAUFMAN, CMRR

1954

1 A. My name is Michael McAuliffe.
2 Q. Who do you work with?
3 A. With the FBI.
4 Q. How long have you been with the FBI?
5 A. I have been with the FBI five years.
6 THE COURT: Could you spell your last name?
7 THE WITNESS: M C A U L I F F E
8 BY MR. KASTRENAKES:
9 Q. Prior to working with the FBI, where did you work?
10 A. As a police officer in Massachusetts.
11 Q. What is your current assignment at the FBI?
12 A. I am currently assigned to public corruption.
13 Q. Let me call your attention back to September 12, 1998.
14 Were you working with the FBI at that time?
15 A. Yes.
16 Q. What was your assignment?
17 A. I was assigned to assist in a search.
18 Q. Where was that search location, if you recall?
19 A. Miami.
20 Q. Do you specifically recall going to Apartment A403 at 8000
21 Southwest 149th Street in Miami?
22 A. Yes.
23 Q. Did you assist Special Agent Julio Ball in a search at that
24 location?
25 A. Yes, I did.

RICHARD A. KAUFMAN, CMRR

1955

1 Q. Let me show you by putting it on the overhead a photograph
2 already in evidence, SC 17F. Do you recognize that particular
3 location in that photograph?
4 A. I do.
5 Q. What is that location?
6 A. The computer table that was located within the apartment at
7 that address.
8 Q. I would like to show you a closer picture, SC 17G. Do you
9 recognize that photograph, sir?
10 A. I do.
11 Q. What does that show?
12 A. It depicts the top of the computer desk.
13 Q. On the top of the computer desk Special Agent McAuliffe,
14 did you recover a piece of paper?
15 A. Yes, I did.
16 Q. Do you recognize SC 17G?
17 A. Yes.
18 Q. Did that appear under the mouse pad at Apartment A403?
19 A. Yes.
20 Q. Does it appear to be in the same condition today as it was
21 when it was recovered on September 12, 1998?
22 A. Yes.
23 MR. KASTRENAKES: The government offers SC 14 and the
24 blow up SC 14A.
25 MR. HOROWITZ: No objection.

RICHARD A. KAUFMAN, CMRR

1956

1 THE COURT: It will be admitted as Government’s
2 Exhibit SC 14 and SC 14A in evidence.
3 (A document was received in
4 evidence as Government’s Exhibit SC14 AND SC 14A.)
5 MR. KASTRENAKES: May I publish?
6 THE COURT: You may.
7 BY MR. KASTRENAKES:
8 Q. Special Agent McAuliffe, are you a pilot?
9 A. I am not.
10 Q. Do those numbers mean anything to you, sir?
11 A. They do not.
12 Q. Are you familiar with the numbers N 2506 or N 108LS,
13 N 6213S or N 312MX that appears under the line drawn on that
14 piece of paper? Are you familiar with those numbers at all?
15 A. I am not.
16 MR. KASTRENAKES: No further questions of Special
17 Agent McAuliffe.
18 THE COURT: Mr. McKenna?
19 MR. McKENNA: No questions.
20 MR. NORRIS: No questions.
21 MR. MENDEZ: No questions.
22 MR. BLUMENFELD: No questions.
23 MR. HOROWITZ: Briefly, Judge.
24 CROSS EXAMINATION
25 BY MR. HOROWITZ:

RICHARD A. KAUFMAN, CMRR

1957

1 Q. Government’s Exhibit SC 14, can you tell the ladies and
2 gentlemen of the jury how those numbers got on that piece of
3 paper?
4 A. I cannot.
5 Q. Can you tell the ladies and gentlemen of the jury who put
6 those numbers there?
7 A. I cannot.
8 Q. Can you tell the ladies and gentlemen of the jury when
9 those numbers were placed on that piece of paper?
10 A. No, sir, I cannot.
11 Q. Do you see the line that is contained, the straight line
12 that goes across?
13 A. Yes.
14 Q. Can you tell the ladies and gentlemen of the jury the
15 purpose of that line?
16 A. I cannot.
17 MR. HOROWITZ: Nothing further.
18 MR. KASTRENAKES: No redirect.
19 THE COURT: You may step down.
20 (Witness excused.)
21 THE COURT: Call your next witness.
22 MR. KASTRENAKES: The United States calls Joseph Hall.
23 Your Honor, a juror has his hand up.
24 A JUROR: We were looking at evidence.
25 MR. HOROWITZ: That was my fault. I borrowed SC 10.

RICHARD A. KAUFMAN, CMRR

1958

1 THE COURT: We will get it back to you.
2 Thereupon
3
4 JOSEPH HALL,
5 called as a witness by the Government, having been first duly
6 sworn, testified as follows:
7 DIRECT EXAMINATION
8 BY MR. KASTRENAKES:
9 Q. Good afternoon, Special Agent Hall, how are you today?
10 A. Fine, thanks.
11 Q. I know you are using the microphone but if you keep your
12 voice up to make sure the jurors hear you. Please tell us your
13 name and spell your last name for the benefit of the court
14 reporter?
15 A. Joseph Hall, H A L L.
16 Q. And your occupation, sir?
17 A. Special agent with the FBI.
18 Q. How long have you worked with the FBI?
19 A. 20 years.
20 Q. What is your current assignment with the FBI?
21 A. I am currently assigned to foreign counter intelligence
22 work with the NS2, national security 2 squad in Miami.
23 Q. How long have you been working with the national security 2
24 squad?
25 A. Four years.

RICHARD A. KAUFMAN, CMRR

1959

1 Q. This investigation and prosecution involves an organization
2 that was known as La Red Avispa. Was the national security 2
3 squad involved in that case directly or was it a different
4 squad?
5 A. We were not involved with that. That was N S1, national
6 security 1.
7 Q. And you have indicated to the jurors you have been working
8 with NS2 for four years?
9 A. That is correct.
10 Q. Prior to that, what did you do at the FBI?
11 A. Prior to that I was stationed in Philadelphia and San
12 Francisco working also foreign counter intelligence work.
13 Q. Prior to that what kind of work did you do with the FBI,
14 what other jobs have you had over your 20 year period?
15 A. I also work as an evidence recovery team team leader. I
16 have worked as a hostage negotiator for the bureau.
17 Q. Prior to becoming an FBI agent 20 years ago, what did you
18 do for a living?
19 A. I was a professor of anthropology.
20 Q. Where?
21 A. At the University of Pennsylvania and MIT.
22 Q. I would like to call your attention specifically to
23 September 12, 1998. Were you working with the FBI at that
24 time?
25 A. That is correct.

RICHARD A. KAUFMAN, CMRR

1960

1 Q. Were you assigned to the national security 2 squad?
2 A. That is correct.
3 Q. Were you co opted by the national security 1 squad to
4 assist them in this investigation?
5 A. That is correct. I was brought over in the capacity of
6 working on the evidence response team.
7 Q. What was your particular assignment on September 12, 1998,
8 what were you asked to do?
9 A. I was asked to coordinate the search of 1776 Polk Street as
10 the team leader of the evidence recovery team there.
11 Q. 1776 Polk Street, is that a house, a duplex or apartment
12 complex?
13 A. It is an apartment complex.
14 Q. Was there a particular apartment that you were assigned to
15 search as team leader?
16 A. Yes, 3G was the apartment we handled.
17 Q. Where is that apartment located, sir?
18 A. The apartment complex?
19 Q. I should ask you what city are we talking about?
20 A. It is in Hollywood.
21 Q. In the Southern District of Florida?
22 A. Correct.
23 Q. Tell the folks on the jury what time did you arrive at 1776
24 Polk Street?
25 A. The ERT team, I will refer to it as, arrived at

RICHARD A. KAUFMAN, CMRR

1961

1 approximately the same time as the arrest team, although we
2 were not at 1776 Polk. We used an adjacent parking lot from
3 another complex as a staging area.
4 Q. What is ERT?
5 A. It is technically evidence response team. I usually call
6 it evidence recovery team. It is the same thing.
7 Q. Were you the team leader with respect to the search of
8 Apartment 3G?
9 A. That is correct.
10 Q. How many people were working with you approximately,
11 assisting you in the search responsibilities of Apartment 3G?
12 A. We had I believe six members of the team at that time.
13 Q. What was the time you indicated you got into the area,
14 approximately?
15 A. Approximately 5:30, I would say.
16 Q. Were you actually part of the arrest that took place inside
17 that particular apartment?
18 A. No.
19 Q. Did you see any individuals under arrest removed from that
20 particular apartment?
21 A. I did see one individual that was being taken out to the
22 vehicle.
23 Q. If you could look around the courtroom here today and tell
24 us what individual you saw?
25 A. I would say it was unsub number 3.

RICHARD A. KAUFMAN, CMRR

1962

1 Q. Can you point to the person you are talking about?
2 A. This individual here.
3 MR. KASTRENAKES: The witness has identified the
4 defendant John Doe number 3.
5 THE COURT: It will so reflect.
6 BY MR. KASTRENAKES:
7 Q. Did you remove anybody else from Apartment 3G?
8 A. I did not.
9 Q. After you saw the arrest, the person you removed from the
10 apartment, did you begin your search immediately or did you
11 have to wait?
12 A. We had to wait for the search warrants to arrive.
13 Q. During the period of time that you were waiting for the
14 search warrants or the search warrant, I should say, what did
15 you do, Special Agent Hall?
16 A. The team in general or myself specifically?
17 Q. What did you do as the team leader?
18 A. As the team leader, I saw to it that the premise was
19 secured. We had a team set up just for security purposes, and
20 I rotated my people throughout the day as we continued to wait
21 for the warrant.
22 Q. When you say secure the premises, what do you mean by that,
23 if you could explain that term of art?
24 A. The door to Apartment 3G was kept closed. Generally if it
25 were any residence we would try to put one or two people,

RICHARD A. KAUFMAN, CMRR

1963

1 generally two, on the exterior, in a situation like this to
2 make sure that no neighbors that were trying to be helpful
3 would come in or any other people that would disturb the
4 integrity of the search scene.
5 On this particular day, the setup of the apartment
6 complex with the corridor, it just didn’t look like it would be
7 a good idea to have two armed agents standing out there in the
8 hallway, so I put them inside.
9 Q. Did you see or did you direct anybody to touch or disturb
10 anything inside of Apartment 3G until you received a search
11 warrant?
12 A. No. There was nothing disturbed in there and as a matter
13 of fact, my team was instructed not to move anything.
14 Q. Did you eventually receive word that Chief United States
15 District Court Judge Edward Davis had authorized the search of
16 Apartment 3G pursuant to a Court order?
17 A. Yes.
18 Q. What was the time approximately that you received that word
19 and you began the search?
20 A. Well, it was sort of a two tiered situation. We received
21 word orally that the warrant had been executed a bit after 6,
22 maybe 6:20, something like that. At that time I authorized
23 photographic specialist Cindy Doster to take photographs of the
24 overall search scene inside of Apartment 3G. Nothing was
25 searched, however, until the actual warrant physically arrived

RICHARD A. KAUFMAN, CMRR

1964

1 on the premises.
2 Q. Did you also have a sketch prepared at your direction of
3 that particular apartment?
4 A. That is correct. A sketch was made prior to the initiation
5 of the search.
6 Q. Before we go to the sketch and the photographs, take a few
7 moments and describe the layout of Apartment 3G at 1776 Polk
8 Street?
9 A. The apartment was fairly small. It was essentially a one
10 room apartment. There is a small corridor or entry way, I
11 think we referred to it as a hallway by the end of the search.
12 There was a bathroom, a small kitchenette off to one side and
13 one bed. That was essentially the layout.
14 Q. Basically a one bedroom studio apartment?
15 A. That is correct.
16 Q. Let me show you SAV 57 for identification. Do you
17 recognize that, sir?
18 A. Yes. That is a basic plat or layout of Apartment 3G.
19 Rather fancier than when we execute it.
20 Q. Does it fairly and accurately portray the layout of
21 Apartment 3G as it appeared on September 12, 1998?
22 A. Yes, it does.
23 MR. KASTRENAKES: The United States would offer SAV 57
24 and 57A as the enlargement.
25 THE COURT: They will be admitted as SAV 57 and 57A.

RICHARD A. KAUFMAN, CMRR

1965

1 (A document was received in
2 evidence as Government’s Exhibit SAV 57 and SAV 57A.)
3 MR. KASTRENAKES: May I publish it?
4 THE COURT: You may.
5 BY MR. KASTRENAKES:
6 Q. At the bottom here, is this where the front door is where
7 we come in?
8 A. That is correct.
9 Q. As you go down the hallway what room is labeled A?
10 A. A is the bathroom and D is the kitchenette. Just inside
11 the front door which you have indicated already on the
12 left hand side. E and F are storage the closet areas
13 essentially. B and C are two fairly good sized storage or
14 closet areas that were located over the top of A and D
15 respectively. G was a table, a sort of kitchen table. Then
16 everything within H
17 Q. Is this a bedroom area?
18 A. Bedroom/living room combination and everything in there
19 carried the H designator as well as a numeric to identify the
20 furniture.
21 Q. What is H 1?
22 A. It is a chest of drawers, type of a bedroom chest.
23 Q. H 2?
24 A. Similarly is also one of those. A chest of drawers or
25 bedroom chest.

RICHARD A. KAUFMAN, CMRR

1966

1 Q. H 3?
2 A. It is a writing table. A desk, sort of like a desk.
3 Q. H 4?
4 A. It was a printer table. There was a computer printer and
5 some storage of disks and other materials there.
6 Q. These two little things unmarked?
7 A. The two horseshoe shaped things would represent the chairs.
8 They are sort of soft easy chairs.
9 Q. H 5?
10 A. The television and television stand. That had several
11 shelves. I believe there were two shelves below the television
12 there.
13 Q. H 6?
14 A. H 6 was a small bedside table, the type of thing you would
15 put a clock radio on or lamp.
16 Q. You have already told us that a person assisting you in
17 this process took photographs of this one bedroom apartment
18 prior to you supervising the seizure of evidence from that
19 apartment?
20 A. That is correct.
21 Q. I would like to show you a series of photographs and if you
22 can look through SAV 56A consecutively through SAV 56X.
23 If you could look through these photographs A through
24 X and tell us after you have gone through them all tell us if
25 you recognize those photographs?

RICHARD A. KAUFMAN, CMRR

1967

1 A. Yes. Those are the photographs of the apartment.
2 Q. Do they fairly and accurately portray Apartment Number 3G
3 at 1776 Polk Street in Hollywood as it appeared prior to the
4 seizure of evidence from that particular apartment on September
5 12, 1998?
6 A. Yes, they do.
7 MR. KASTRENAKES: The United States at this time would
8 offer as its next exhibits SAV 56A through X and the
9 enlargements, A 1 through X 1 consecutively.
10 MR. McKENNA: No objection.
11 THE COURT: They will be admitted as SAV 56A X and SAV
12 56A1 X1 into evidence.
13 (A document was received in
14 evidence as Government’s Exhibit SAV 56A X and
15 56A1 X1.)
16 MR. KASTRENAKES: I will publish them as we go through
17 the photographs.
18 THE COURT: You may.
19 BY MR. KASTRENAKES:
20 Q. I will leave it up for the jury but I will return this SAV
21 57 to you so you can assist us in telling us what these
22 particular photographs show.
23 Let’s start with A which is a pretty easy one?
24 A. That is the front door to Apartment 3G. It is
25 self explanatory, I guess.

RICHARD A. KAUFMAN, CMRR

1968

1 Q. And B?
2 A. B is standing just outside of that door with the door
3 opened. It opens into that hallway area that I spoke of
4 before, a corridor. We are looking directly back into the
5 apartment with the closet spaces there, E and F to the left.
6 Q. SAV 56C?
7 A. That is a view taken of the bathroom area.
8 Q. That is locked your designation on the sketch is what?
9 A. That is going to be area A.
10 Q. On the sketch?
11 A. On the sketch, correct.
12 Q. SAV 56D?
13 A. This is a view of those closets. That appears to be E, I
14 would think.
15 Q. Is that the first closet on your left?
16 A. The first closet on the left.
17 Q. I will some in on a particular place in that closet. The
18 bottom left hand part where my hand is pointing, what is that
19 particular item?
20 A. It is a leather briefcase located in there.
21 Q. Was that briefcase recovered?
22 A. Yes, it was.
23 Q. Was evidence found within that briefcase?
24 A. Yes, it was.
25 Q. SAV 56E is now being depicted. Can you tell us where that

RICHARD A. KAUFMAN, CMRR

1969

1 is located?
2 A. That would be the next closet. That would be the closet
3 area F.
4 Q. Again we are talking about on the left side?
5 A. Right. Facing in it would be on the left hand side of the
6 corridor.
7 Q. SAV 56F?
8 A. That is the same two closet areas, E and F showing some of
9 the storage on top of it there.
10 Q. Did you separately designate the area up top of the closet
11 as a separate area on your sketch or did you leave it as part
12 of E or F?
13 A. It would have been part of E or F.
14 Q. 56G?
15 A. This is another view looking back now towards the door,
16 showing the kitchen area and just the beginning of the bathroom
17 with the two storage areas depicted as B and C on this sketch.
18 Q. Check out the pointer again. This is the bathroom area
19 back in here?
20 A. Yes.
21 Q. So the front door would begin back over this area over
22 here?
23 A. That is correct.
24 Q. This is the overhead storage area you are referring to, the
25 area I am circling?

RICHARD A. KAUFMAN, CMRR

1970

1 A. Yes.
2 Q. The first one is what area?
3 A. The one you are pointing to there is C. That is area C.
4 Q. And this one?
5 A. Area B.
6 Q. As in boy?
7 A. Yes.
8 Q. SAV 56H is now on the screen.
9 A. That is now to the right of the door. That is area D.
10 That is the kitchenette area.
11 Q. Now we are looking at SAV 56I?
12 A. Here we are standing back in the area of H looking back
13 towards the front door pretty much on the corner of the bed
14 there.
15 Q. As we are looking at this picture, SAV 56I, this is the
16 front door area back in here?
17 A. That is correct.
18 Q. And the bed is here?
19 A. That is correct.
20 Q. If I am pointing to this particular dresser, what is that
21 designation on the sketch?
22 A. That is designated as H1.
23 Q. And this area here, this dresser area?
24 A. It is H2.
25 Q. Did you recover or supervise the recovery of evidence from

RICHARD A. KAUFMAN, CMRR

1971

1 H2?
2 A. Yes.
3 Q. SAV 56J is now on the screen.
4 A. That is the table area labeled as G, kitchen table.
5 Q. This area again off to the right is what?
6 A. That is back to H1 again, the other dresser by the bed.
7 Q. SAV 56K?
8 A. That is a closeup of the top of that dresser area.
9 Q. When you say that?
10 A. H1.
11 Q. SAV 56L is on the screen?
12 A. That is a closeup or surface view of the H2 dresser.
13 Q. Was evidence recovered from within the drawers of H2?
14 A. Yes, evidence from is the drawers and also the surface as
15 well.
16 Q. Are you familiar with diskettes, what they are?
17 A. Yes, floppies for computers.
18 Q. Do you see them on top of H2?
19 A. Yes.
20 Q. Depicted in SAV 56L?
21 A. Yes.
22 Q. Do you see that wallet?
23 A. Yes.
24 Q. Was that recovered?
25 A. Yes.

RICHARD A. KAUFMAN, CMRR

1972

1 Q. Was evidence found within that wallet?
2 A. Yes.
3 Q. Was it impounded?
4 A. Yes.
5 Q. SAV 56M is on the screen?
6 A. This is a view back towards the balcony window, the balcony
7 door and the television standing approximately between H2 and
8 the dining room table.
9 Q. This door is a door to where?
10 A. It is the door out to the balcony.
11 Q. This is a corner of what designation here on the sketch?
12 A. It is a corner of H2.
13 Q. This table here?
14 A. It is what I referred to as a desk or a writing desk.
15 Q. Designated as what on your sketch?
16 A. H3.
17 Q. And next desk?
18 A. H4. That is what I have been calling the printer table or
19 the computer table or phone table. The yellow pages are there
20 and the telephone.
21 Q. After the two chairs what is this area designated as?
22 A. It is H5, which is the television and the television stand.
23 You can see there was a shortwave radio on the top of
24 that television and the aerial is stretched across the top of
25 the drapery on the balcony window running from the right hand

RICHARD A. KAUFMAN, CMRR

1973

1 side to the left hand side of the photograph.
2 Q. Was evidence recovered from the top of H3 that was
3 impounded in this case?
4 A. Yes.
5 Q. Was evidence recovered from the H6 area that was impounded
6 in this case?
7 A. Yes.
8 Q. I know it is kind of hard to see, but may I publish the
9 blowup of M1, Your Honor?
10 THE COURT: Yes.
11 MR. KASTRENAKES: Is it possible for the witness to
12 get out.
13 BY MR. KASTRENAKES:
14 Q. Special Agent Hall, I will show you a blow up of 56M 1.
15 You referred to a shortwave radio that was hooked up to an
16 antenna. Would you tell the folks on the jury what we are
17 talking about?
18 A. On the top of the television, this is the actual shortwave
19 radio with the antenna running across to the balcony door, then
20 down to the doorknob.
21 Q. SAV 56N. What are we looking at here?
22 A. This is the top of the writing desk H3 showing basically a
23 laptop computer there.
24 Q. Was that Compaq computer impounded as evidence in this
25 case?

RICHARD A. KAUFMAN, CMRR

1974

1 A. Yes.
2 Q. And the disks?
3 A. Yes, they were.
4 Q. SAV 56O?
5 A. That is the H4 designator, which is the printer table,
6 telephone table, combination, with the phones and the phone
7 books on top. More disks below on the two lower shelves.
8 Q. SAV 56P?
9 A. This is a detail of H5, the area we were just looking at on
10 the blowup, showing the shortwave on top of the TV and it is
11 hooked up to some sort of a recorder, a recording device down
12 on the first shelf below the television.
13 Q. Let’s zoom it in a little bit.
14 On the top, is this the shortwave radio you are
15 referring to?
16 A. Yes.
17 Q. And the antenna starting to go off in this direction?
18 A. Correct, on the balcony area.
19 Q. Is this device, it is a cassette recorder?
20 A. Yes, below the television.
21 Q. It was hooked up to the shortwave radio?
22 A. Yes.
23 Q. Were these items of evidence impounded and seized pursuant
24 to your direction on September 12, 1998?
25 A. Yes, they were.

RICHARD A. KAUFMAN, CMRR

1975

1 Q. SAV 56Q?
2 A. This is more detail of the first shelf of H5, showing a
3 basic videotape player there with the recording device we were
4 talking about earlier on top of it.
5 Q. This is the level below the TV set?
6 A. Just under the TV set.
7 Q. Is this the cassette recorder?
8 A. Yes.
9 Q. This is how you found it, hooked up like this?
10 A. That is correct.
11 Q. SAV 56R.
12 A. This is in more detail, that same shortwave radio on top of
13 the television at H5.
14 Q. Was that shortwave radio impounded and seized as evidence
15 in this case?
16 A. Yes. It was taken. There is also depicted there a clip
17 board with paper and pen. It was blank paper right there
18 above your pointer.
19 Q. This area here?
20 A. Yes. It was apparently ready to take some sort of notes.
21 Q. Nothing was on the paper at the time you seized it?
22 A. No.
23 Q. SAV 56S.
24 A. It is another view of that same balcony area showing a bit
25 more detail of the aerial that is strung along the balcony area

RICHARD A. KAUFMAN, CMRR

1976

1 there.
2 Q. Did you also see an ear piece that you seized and hooked up
3 that came out of the shortwave radio also?
4 A. Yes, there was an ear piece.
5 Q. This thing coming down here?
6 A. That is correct.
7 Q. Is that better depicted now?
8 A. It is a little more clear, yes.
9 Q. SAV 56T?
10 A. That is the end of the aerial where it meets the doorway
11 and is attached, somehow attached to the door handle, to the
12 balcony door.
13 Q. Is this the antenna coming along the top?
14 A. Yes.
15 Q. With a hook?
16 A. With a hook in the wall down to the door handle.
17 Q. SAV 56U?
18 A. This was a piece of luggage that was located next to the
19 bed approximately in the area of H6 on the far side down
20 towards the balcony.
21 Q. Was that piece of luggage searched?
22 A. Yes.
23 Q. Was evidence recovered from within that luggage?
24 A. Yes, it was.
25 Q. SAV 56W. I am skipping one here. I don’t mean to throw

RICHARD A. KAUFMAN, CMRR

1977

1 you off but I am jumping ahead. What does it show?
2 A. This is the search of the interior of that luggage, showing
3 some Avis automobile rental receipts or something there, along
4 with a quantity of cash.
5 Q. If we can zoom in on the Avis rental receipt, on the
6 outside of that package, what is the name written on that?
7 A. Medina, L. I am assuming L Medina.
8 Q. SAV 56X as in x ray?
9 A. This is also the interior, a closeup of the search of the
10 interior of that luggage, showing the ticket partially obscured
11 there and some of the cash in the hand of the searcher.
12 Q. Was the money and the ticket and other evidence within that
13 luggage impounded?
14 A. Yes, it was.
15 Q. I will go back up to SAV 56V. What are we looking at here?
16 A. The bedside table depicted as H6 on the balcony side of the
17 bed.
18 Q. Is the bed back here in the corner?
19 A. That is the bed on that side.
20 Q. This is the other side of the bed from H1?
21 A. That is correct.
22 Q. This wallet here, was that impounded, sir?
23 A. Yes. I believe everything from the search of that table
24 was impounded.
25 Q. Was evidence found within that wallet also kept as evidence

RICHARD A. KAUFMAN, CMRR

1978

1 in this case?
2 A. Yes, it was.
3 MR. KASTRENAKES: Did I introduce all the blow ups?
4 THE COURT: You did. A through X 1.
5 BY MR. KASTRENAKES:
6 Q. I would like to go back to one of the first areas you spoke
7 about and that was inside the first closet you testified as
8 depicted in SAV 56D 1, you located a black briefcase. You
9 impounded that briefcase?
10 A. That wasn’t D. That would have been over across the
11 corridor.
12 Q. The photograph is 56D 1?
13 A. I am sorry. In closet E.
14 Q. Let me show you what has been marked as SAV 16. Do you
15 recognize SAV 16?
16 A. Yes. That is the briefcase that was taken from the closet
17 area E.
18 Q. When it was recovered, was it locked?
19 A. Yes, it was.
20 Q. Did you open it?
21 A. Yes.
22 Q. Other than the fact you have opened it and it is now
23 unlocked, does it appear to be in the same or substantially the
24 same condition as it was when it was recovered on September 12,
25 1998?

RICHARD A. KAUFMAN, CMRR

1979

1 A. No. It looks as though there have been some areas that
2 have been torn out, opened up. It was in good shape when we
3 took it.
4 Q. Other than the fact there has been some cutting of some
5 lining which we will get into later in your testimony, and the
6 fact some evidence was removed from within that, does it appear
7 to be in the same or substantially the same condition?
8 A. Yes, it is.
9 MR. KASTRENAKES: The United States would offer SAV 16
10 as the next exhibit in this case.
11 THE COURT: It will be admitted as Government’s
12 Exhibit SAV 16.
13 (A document was received in
14 evidence as Government’s Exhibit SAV 16.).
15 MR. KASTRENAKES: May I publish it by holding it up?
16 THE COURT: You may.
17 BY MR. KASTRENAKES:
18 Q. You told the jury earlier in your testimony you recovered
19 some evidence from within that black briefcase, SAV 16.
20 I would like to show you now SAV 21. Do you recognize
21 SAV 21?
22 A. Yes. SAV 21 is a wallet/card holder that was in the
23 briefcase.
24 Q. Inside that wallet that was inside the briefcase did you
25 recover identification documents, sir?

RICHARD A. KAUFMAN, CMRR

1980

1 A. Yes, we did.
2 Q. I should do first things first.
3 Does the wallet appear to be in the same condition
4 today except for the fact some documents were removed?
5 A. Yes, it appears to be.
6 MR. KASTRENAKES: We will offer SAV 21.
7 THE COURT: It will be admitted as Government’s
8 Exhibit SAV 21 composite.
9 (A document was received in
10 evidence as Government’s Exhibit SAV 21.)
11 THE COURT: Is it a composite exhibit? It says so on
12 the exhibit list.
13 MR. KASTRENAKES: Yes, Your Honor, it is a composite.
14 BY MR. KASTRENAKES:
15 Q. Do you see Exhibit 11 and you could take it out of the
16 holder?
17 A. Yes. Exhibit 11 is a United States passport in the name of
18 Luis Medina III. It shows here the date of birth as July 9,
19 1968.
20 Q. Before we publish parts of it I have to ask you a few
21 additional questions.
22 That passport, was it recovered from SAV 21 which was
23 recovered from inside the briefcase in the closet?
24 A. That is correct.
25 Q. Does it appear to be in the same condition or substantially

RICHARD A. KAUFMAN, CMRR

1981

1 the same condition as when you found it on September 12, 1998?
2 A. Yes.
3 MR. KASTRENAKES: We will offer Exhibit 11 and an
4 enlargement which is only the face page of 11 as 11A.
5 THE COURT: It will be admitted as Government’s
6 Exhibits 11 and 11A.
7 (A document was received in
8 evidence as Government’s Exhibit 11 and 11A.)
9 MR. KASTRENAKES: May I publish 11A.
10 THE COURT: You may.
11 BY MR. KASTRENAKES:
12 Q. You were in the process of reading to us certain
13 information on this United States passport?
14 A. Yes.
15 Q. First, it is a United States passport?
16 A. Yes, it is.
17 Q. Secondly, there is a picture of a person on that passport.
18 Do you see the person that is depicted in that passport here in
19 the courtroom today?
20 A. Yes. That would be unsub number 2.
21 Q. What do you mean by unsub? Would you point to the person
22 depicted?
23 A. This individual right here.
24 Q. Describe an article of clothing, there are six people
25 sitting in the area you are pointing to?

RICHARD A. KAUFMAN, CMRR

1982

1 A. If he could stand up, perhaps, I can’t see. No neck tie,
2 double breasted jacket and white shirt.
3 MR. KASTRENAKES: May the record reflect the witness
4 has identified the defendant John Doe number 2 as depicted on
5 Exhibit 11.
6 THE COURT: It will so reflect.
7 BY MR. KASTRENAKES:
8 Q. What is the name associated with defendant John Doe number
9 2?
10 A. Based on the passport, Luis Medina III.
11 Q. The date of birth?
12 A. July 9, 1968.
13 Q. The place of birth?
14 A. Texas, United States of America.
15 Q. What is the day of issuance of this passport?
16 A. It seems to be the 6th of February, 1996.
17 Q. And the agency that issued this passport?
18 A. The passport agency of the United States.
19 Q. What location?
20 A. Miami.
21 Q. Is there a signature that appears above the biographical
22 page?
23 A. Yes, there is.
24 Q. How is it signed?
25 A. It is signed Luis Medina III.

RICHARD A. KAUFMAN, CMRR

1983

1 Q. Was there other identification in SAV 21 which is the pouch
2 which further was linked to a person by the name of Luis Medina
3 III?
4 A. Yes.
5 Q. Tell us what else was in the pouch?
6 A. The pouch contained various cards, credit cards. There is
7 a medical emergency card here, a One on One Restaurant card,
8 work place member card, a Sam’s Club membership.
9 Q. Is the Sam’s Club membership in the name of somebody?
10 A. The Sam’s Club membership is in the name of Luis Medina
11 III.
12 Q. Is there a photograph associated with that card?
13 A. There is a photograph on there.
14 Q. Whose photograph is on there?
15 A. John Doe number 2.
16 Q. The same person?
17 A. The same individual as depicted in the passport.
18 Q. Anything else in the pouch?
19 A. There is an American Automobile Association card. Also in
20 the name of Luis Medina III, showing a loyal member since 1994,
21 and valid through September 30, 1997.
22 THE COURT: Is this a good place to break?
23 MR. KASTRENAKES: Yes. The time we will take in going
24 through these documents will take us way past a quarter of two.
25 THE COURT: Ladies and gentlemen, we will break for

RICHARD A. KAUFMAN, CMRR

1984

1 the day at this time.
2 Do not discuss this case amongst yourselves or anyone
3 else. Have no contact with anyone whatsoever associated with
4 the trial. Do not read or listen to anything touching on this
5 matter in any way. Give your notebooks back to Larry and be
6 back in the juryroom tomorrow morning at 8:45. If you have any
7 items of evidence that have been published they have all
8 been returned.
9 Have a nice afternoon and evening, I will see you
10 tomorrow.
11 (Jury leaves room.)
12 THE COURT: We will be in recess until 8:45 tomorrow
13 morning.
14 MS. MILLER: A couple of housekeeping matters.
15 THE COURT: Yes.
16 MS. MILLER: The exhibits that are the sketches now in
17 evidence SG 61 and SAV 57, behind the printed sketch had been a
18 copy of the hand sketch. That is really not supposed to be
19 part of the exhibit. We will remove the copy of the hand
20 sketch if that is agreeable to everybody.
21 THE COURT: Any objection?
22 MR. McKENNA: No, Your Honor.
23 One other request
24 MS. MILLER: A couple of other things.
25 Similarly, Your Honor, Government’s Exhibit 650, the

RICHARD A. KAUFMAN, CMRR

1985

1 chart of the searches that was in three colors, I noticed
2 behind the chart was another black and white copy of the chart,
3 I will remove that. That should not be part of the exhibit.
4 THE COURT: Any objection?
5 MR. McKENNA: None.
6 THE COURT: It is granted.
7 MS. MILLER: Finally, Your Honor, we have had some
8 inquiry from the press with regard to ability to look at these
9 exhibits. We wanted to seek some guidance first.
10 THE COURT: For those persons from the press or media
11 who have requested the indication from my chambers, they should
12 make an official request. Once that is done I will give notice
13 to the parties and if there are objections to the request, we
14 will have a hearing with representatives, legal counsel from
15 the press and the media present as quick as we can so the Court
16 can make a ruling on the request and determine whether indeed
17 the press and media are entitled to items that are in evidence
18 as they come in.
19 MS. MILLER: Yes, Your Honor.
20 It had been our plan we were going to have a monitor
21 that was on the rail so the things we were showing were more
22 visible.
23 THE COURT: I thought you stated that at the beginning
24 of the trial when Mr. Norris’ monitor was removed. Is that
25 going to be happening?

RICHARD A. KAUFMAN, CMRR

1986

1 MS. MILLER: Yes. I hadn’t noticed until today it
2 hadn’t been done. I will talk to our audio visual person.
3 THE COURT: There is a gentleman back there with
4 binoculars. I thought he was looking at me then I realized he
5 was looking at the evidence.
6 If there is one, maybe it could be put in the corner
7 and be made available to the public as the evidence comes in so
8 they could view the monitors.
9 MS. MILLER: Will the courtroom be available this
10 afternoon?
11 THE COURT: It is available now until 2:30 and
12 probably again at 4.
13 MS. MILLER: We will try for four.
14 THE COURT: Make it 4:15.
15 MR. McKENNA: If we could get some update from the
16 government as to their next witnesses.
17 THE COURT: Has that been happening? I thought we
18 talked about that at the beginning of trial.
19 MR. KASTRENAKES: We are going to continue with the
20 searches. This search will take at least two or three more
21 hours to finish, it is a big one. Then the Hernandez search is
22 similarly long.
23 THE COURT: Are you giving the defense a list or oral
24 notification at the end of the day who your witnesses are going
25 to be the next day? I thought we had talked about that and the

RICHARD A. KAUFMAN, CMRR

1987

1 government indicated they were going to do that.
2 MR. KASTRENAKES: I have no problem doing that.
3 THE COURT: Thank you. We will see you tomorrow.
4 o0o
5
6 I certify that the foregoing is a correct
7 transcript from the record of proceedings
8 in the above entitled matter.
9
10
11 ______ _______________________
12 Date Official Court Reporter
13
14
15
16
17
18
19
20
21
22
23
24
25

RICHARD A. KAUFMAN, CMRR

2001

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

UNITED STATES OF AMERICA, ) Docket No.
) 98 721 CR LENARD
Plaintiff, )
) Miami, Florida
v. ) December 13, 2000
)
GERARDO HERNANDEZ, )
a/k/a MANUEL VIRAMONTEZ, ET AL., )
)
Defendants. )
)
x
VOLUME 11

TRANSCRIPT OF TRIAL
BEFORE THE HONORABLE JOAN A. LENARD
and a Jury

APPEARANCES:

For the Government: CAROLINE HECK MILLER, ESQ.
JOHN KASTRENAKES, ESQ.
DAVID BUCKNER, ESQ.

For the defendant Hernandez: PAUL McKENNA, ESQ.

For the defendant Medina, III: WILLIAM NORRIS, ESQ.

For the defendant Gonzalez: PHILIP HOROWITZ, ESQ.

For the defendant Guerrero: JACK BLUMENFELD, ESQ.

For the defendant Campa: JOAQUIN MENDEZ, Esq.

Court Reporter: Richard A. Kaufman, C.M.R.R.

RICHARD A. KAUFMAN, CMRR

2002

I N D E X

Direct Cross Red. Rec.

WITNESSES FOR THE GOVERNMENT:

JOSEPH HALL 2004

WITNESSES FOR THE DEFENDANTS:

EXHIBITS

GOVERNMENT IN EVID.

Government’s Exhibit 12 2, 12 2A………. 2005:23
Government’s Exhibit 12 5 and 12 5A……. 2007:4
Government’s Exhibit SAV 64…………… 2009:3
Government’s Exhibit 12 12 and 12 12A….. 2011:12
Government’s Exhibit 12 4 and 12 4A……. 2013:10
Government’s Exhibit SAV 59…………… 2014:14
Government’s Exhibit SAV 60…………… 2017:3
Government’s Exhibit SAV 61…………… 2018:14
Government’s Exhibit SAV 58 and SAV 17…. 2021:1
Government’s Exhibit SAV 17A………….. 2021:6
Government’s Exhibit SAV 19…………… 2024:11
Government’s Exhibit SAV 22…………… 2029:25
Government’s Exhibit SAV 23…………… 2031:1
Government’s Exhibit SAV 24…………… 2033:10
Government’s Exhibit SAV 27…………… 2034:25
Government’s Exhibit SAV 27A………….. 2036:20
Government’s Exhibit 12 3 and 12 3A……. 2038:10
Government’s Exhibit 737 and 737A……… 2040:9
Government’s Exhibit 736 and 736A……… 2042:17

Government’s Exhibit 734 adn 734A……… 2044:18
Government’s Exhibit 735 and 735A……… 2046:9
Government’s Exhibit 733 adn733A………. 2047:12
Government’s Exhibit SAV 28…………… 2051:10
Government’s Exhibit SAV 28A………….. 2055:20
Government’s Exhibit SAV 28B………….. 2057:11
Government’s Exhibit SAV 29 and SAV 29A… 2058:22
Government’s Exhibit SAV 30 and SAV 30A… 2060:25
Government’s Exhibit SAV 31 and SAV 31A… 2063:11
Government’s Exhibit sav 32…………… 2064:20

RICHARD A. KAUFMAN, CMRR

2003

EXHIBITS (Continued.)

Government’s Exhibit 8 5 and 8 5A……… 2067:3
Government’s Exhibit 743 and 743A……… 2068:2
Government’s Exhibit 744……………… 2074:16
Government’s Exhibit SAV 2……………. 2078:25
Government’s Exhibit SAV 4……………. 2079:18
Government’s Exhibit SAV 15…………… 2081:12
Government’s Exhibit SAV 42…………… 2082:22
Government’s Exhibit SAV 50…………… 2083:25
Government’s Exhibit SAV 1……………. 2085:10
Government’s Exhibit SAV 46 and SAV 47…. 2086:25
Government’s Exhibit SAV 3……………. 2088:20
Government’s Exhibit SAV 49…………… 2091:13
Government’s Exhibit SAV 51…………… 2092:12
Government’s Exhibit SAV 48…………… 2093:15
Government’s Exhibit SAV 5……………. 2094:11
Government’s Exhibit SAV 7……………. 2095:12
Government’s Exhibit SAV 6……………. 2097:8
Government’s Exhibit SAV 11…………… 2098:16
Government’s Exhibit SAV 9……………. 2099:17
Government’s Exhibit SAV 10…………… 2102:9
Government’s Exhibit SAV 43…………… 2104:10
Government’s Exhibit SAV 13 and SAV 14…. 2105:19
Government’s Exhibit SAV 26…………… 2107:11
Government’s Exhibit SAV 38 and SAV 38A… 2110:16
Government’s Exhibit SAV 37 and SAV 39…. 2113:18

DEFENDANT’S

RICHARD A. KAUFMAN, CMRR

2004

1 (Open court. Jury not present.)
2 THE COURT: United States of America versus Gerardo
3 Hernandez, et al. Case Number 98 721.
4 Would counsel state their appearances.
5 (All parties present.)
6 THE COURT: The interpreters are also present for the
7 aid and assistance of the defendants.
8 All the jurors are now here. Please proceed.
9 (Jury present.)
10 THE COURT: Mr. Hall, you are still under oath.
11 Thereupon
12
13 JOSEPH HALL,
14 called as a witness herein, having been previously duly sworn,
15 was examined and testified further as follows:
16 DIRECT EXAMINATION
17 BY MR. KASTRENAKES: (Continuing.)
18 Q. Good morning Special Agent Hall.
19 A. Good morning.
20 Q. Yesterday when we broke for the day we were discussing SAV
21 21 which is in evidence as the pouch found inside the briefcase
22 which was inside the closet at 1776 Polk Street Apartment 3G?
23 A. Correct.
24 Q. If you could, I don’t recall if we published all the
25 documents that were in the pouch, but if you could identify

RICHARD A. KAUFMAN, CMRR

2005

1 those three particular documents and I would ask to have the
2 pouch published?
3 A. We had looked at these two cards. There is a Sam’s Club
4 card in the name of Luis Medina III, member since May 24, 1993.
5 An American Automobile Association card in the name of Luis
6 Medina III, valid through September 30, 1997. A loyal member
7 since 1994.
8 We also have what appears to be a high school diploma.
9 My Spanish isn’t too good, so I am not 100 percent sure of that
10 but that is what it looks like, in the name of Luis Medina
11 Guerrero.
12 Q. Where is it from, that diploma?
13 A. From Puerto Rico.
14 MR. KASTRENAKES: May I publish SAV 21 by handing it
15 to the members of the jury.
16 THE COURT: You may.
17 BY MR. KASTRENAKES:
18 Q. You also testified yesterday that a United States passport
19 was found inside that pouch?
20 A. That is correct.
21 Q. Can you identify Government’s Exhibit 11.
22 A. That is correct.
23 Q. Were there other identification documents found inside the
24 pouch found inside the locked briefcase in the closet?
25 A. Yes, there were.

RICHARD A. KAUFMAN, CMRR

2006

1 Q. I have in my hand 12 2. Can you look at that
2 identification document and tell us if you recognize it, sir?
3 A. Yes, I do.
4 Q. Where do you recognize it coming from, sir?
5 A. This was also found inside of the briefcase.
6 Q. Inside the same folder the jurors have right now, the pouch
7 or the wallet?
8 A. The gray pouch, that is correct.
9 Q. What is that, sir?
10 A. Again, my Spanish isn’t great, but apparently it is from
11 Puerto Rico also, from the Commision Electoral. It is probably
12 a voting card.
13 Q. What is the issuance date of that voting card, sir?
14 A. The issuance date is October 20, 1987.
15 Q. Does that card appear to be today in the same or
16 substantially the same condition as it was when it was
17 recovered from inside the pouch inside the briefcase?
18 A. Yes, it is.
19 MR. KASTRENAKES: We would offer 12 2 and its
20 enlargement, 12 2A.
21 THE COURT: They will be admitted as 12 2 and 12 2A.
22 (A document was received in
23 evidence as Government’s Exhibit 12 2, 12 2A.)
24 MR. KASTRENAKES: May I publish?
25 THE COURT: You may.

RICHARD A. KAUFMAN, CMRR

2007

1 BY MR. KASTRENAKES:
2 Q. Is there a picture of a person on the card?
3 A. Yes.
4 Q. Is it somebody you recognize as a defendant in this trial?
5 A. Yes, it appears to be.
6 Q. Can you identify the person that is depicted in that voters
7 registration card?
8 A. Yes. It is John Doe Number 2.
9 Q. What name is that card issued in?
10 A. Luis Medina.
11 Q. Were there other identification documents found inside that
12 pouch?
13 A. Yes, there were.
14 Q. Let me show you what has been marked as 12 5. Do you
15 recognize that?
16 A. Yes, I do.
17 Q. Is that document another identification document that was
18 found inside the pouch that the jurors have right now, SAV 21?
19 A. Yes, it is.
20 Q. Does it appear to be today in the same condition or
21 substantially the same condition as when it was recovered under
22 your direction on September 12, 1998?
23 A. Yes, it is.
24 MR. KASTRENAKES: We would offer 12 5 and 12 5A which
25 is the blow up.

RICHARD A. KAUFMAN, CMRR

2008

1 THE COURT: They will be admitted as Government’s
2 Exhibits 12 5 and 12 5A.
3 (A document was received in
4 evidence as Government’s Exhibit 12 5 and 12 5A.)
5 MR. KASTRENAKES: May I publish?
6 THE COURT: You may.
7 Q. I will put it on the overhead screen so the jurors can see
8 it on the TV monitor.
9 What do we have here, Special Agent Hall?
10 A. It is a birth certificate from the State of Texas, Bexar
11 County.
12 Q. What name is the birth certificate in?
13 A. The birth certificate name is Luis Medina III.
14 Q. The date of birth of Luis Medina III?
15 A. 7/9/68, it is listed here.
16 Q. You already testified the place of birth was Bexar County,
17 Texas?
18 A. Yes.
19 Q. The father’s name is?
20 A. Luis Ibarra Medina.
21 Q. The mother’s name?
22 A. Raquel Guerrero.
23 Q. The date it was filed with the bureau of statistics?
24 A. It was filed July 12, 1968.
25 Q. On this birth certificate, does there appear a date that

RICHARD A. KAUFMAN, CMRR

2009

1 this birth certificate was issued to the person who was
2 requesting it?
3 A. Yes. The issue date is September 10, 1992.
4 Q. This date here in the box?
5 A. That is correct.
6 Q. Inside the locked briefcase, was a U.S. Express Mail
7 envelope located?
8 A. Yes, it was.
9 MR. KASTRENAKES: Your Honor, may I approach. It is a
10 write in, SAV 64 composite for identification.
11 THE COURT: You may.
12 BY MR. KASTRENAKES:
13 Q. Do you recognize the U.S. Express Mail envelope?
14 A. Yes, I do.
15 Q. Does that envelope today appear to be in the same or
16 substantially the same condition as when it was recovered from
17 inside the locked briefcase on September 12, 1998?
18 A. Yes, it does.
19 Q. Was a document removed from that Express Mail envelope?
20 A. Yes, it was.
21 Q. Was that an identification document?
22 A. Yes, it was.
23 MR. KASTRENAKES: First, Your Honor, the government
24 would offer SAV 64 composite.
25 THE COURT: It will be admitted as Government’s

RICHARD A. KAUFMAN, CMRR

2010

1 Exhibit SAV 64 composite.
2 (A document was received in
3 evidence as Government’s Exhibit SAV 64.)
4 BY MR. KASTRENAKES:
5 Q. Inside the U.S. Express Mail envelope, you already
6 testified there was another identification document. Before I
7 get to that identification document, was there something else
8 inside the U.S. Express Mail envelope?
9 A. Yes. There was another envelope, a business sized envelope
10 from the U.S. Department of State Miami Passport Agency.
11 Q. Did that envelope have anything inside of it or was it
12 empty?
13 A. It contained I believe a birth certificate.
14 Q. I am not talking about the envelope itself. The little
15 envelope that was inside; was that empty?
16 A. This is empty, yes.
17 Q. There is an overall large
18 A. The Express Mail envelope.
19 Q. And inside that was what, a smaller envelope?
20 A. This business sized envelope.
21 Q. The small one was empty?
22 A. Correct.
23 Q. On the small envelope
24 MR. KASTRENAKES: May I publish it?
25 THE COURT: You may.

RICHARD A. KAUFMAN, CMRR

2011

1 BY MR. KASTRENAKES:
2 Q. The return address is where?
3 A. The U.S. Department of State Miami Passport Agency.
4 Q. Who is it addressed to?
5 A. Luis Medina III.
6 Q. What address is that?
7 A. 6910 Interbay Boulevard, Apartment Number 135 in Tampa,
8 Florida, 33616.
9 Q. And the postmark date?
10 A. February 14, 1996.
11 Q. On the U.S. Express Mail envelope, again let’s look at the
12 address that this envelope was sent to. It has the same
13 address that appears on the empty white envelope?
14 A. Yes, it appears to be the same address in Tampa.
15 MR. KASTRENAKES: May I publish this by handing it to
16 the ladies and gentlemen of the jury.
17 THE COURT: You may.
18 BY MR. KASTRENAKES:
19 Q. Special Agent Hall, you testified inside the U.S.Express
20 Mail envelope was an identification document?
21 A. That is correct.
22 Q. Let me show you what has been marked 12 12 for
23 identification. Do you recognize 12 12?
24 A. Yes, I do.
25 Q. Is that the document you found inside the U.S. Express Mail

RICHARD A. KAUFMAN, CMRR

2012

1 envelope?
2 A. Yes, it is.
3 Q. SAV 64.
4 Does it appear to be in the same condition today as it
5 was when it was recovered on September 12, 1998?
6 A. Yes, it does.
7 MR. KASTRENAKES: The United States would offer 12 12
8 and its enlargement 12 12A.
9 THE COURT: They will be admitted as Government’s
10 Exhibits 12 12 and 12 12A.
11 (A document was received in
12 evidence as Government’s Exhibit 12 12 and 12 12A.)
13 MR. KASTRENAKES: May I publish?
14 THE COURT: You may.
15 BY MR. KASTRENAKES:
16 Q. What is 12 1?
17 A. A State of Texas Bureau of vital statistics birth
18 certificate.
19 Q. Similar to 12 5, in other words, the same type of
20 information?
21 A. Correct, similar.
22 Q. Where is it from, which State?
23 A. From the State of Texas.
24 Q. You indicated a birth certificate?
25 A. That is correct.

RICHARD A. KAUFMAN, CMRR

2013

1 Q. For whom? What is the name of the person?
2 A. It also shows the person who is born there as Luis Medina
3 III.
4 Q. The date of birth?
5 A. July 9, 1968.
6 Q. The city of birth, city or town?
7 A. Bexar County. It shows San Antonio as the place of birth.
8 Q. The parents name? The father?
9 A. Luis Ibarra Medina and the mother is Raquel Guerrero.
10 Q. Is there a date on this document to indicate which day the
11 State of Texas issued this birth certificate to whomever was
12 requesting it?
13 A. Yes. The issue date is January 24, 1996.
14 Q. I will take us outside of the Express Mail envelope back
15 into the pouch area, what was found inside the black pouch
16 inside the briefcase.
17 Did you locate a social security card in that pouch
18 also?
19 A. I believe there was one in there.
20 Q. Let me show you what has been marked as Government’s
21 Exhibit 12 4 for identification. Do you recognize 12 4?
22 A. Yes. That is a social security card.
23 Q. Was that social security card found inside the black pouch
24 SAV 21 inside the locked briefcase?
25 A. Yes, it was.

RICHARD A. KAUFMAN, CMRR

2014

1 Q. Does it appear to be in the same condition today or
2 substantially the same condition as when it was recovered on
3 September 12, 1998?
4 A. Yes, it is.
5 MR. KASTRENAKES: The United States would offer 12 4
6 and the enlarged photo of 12 4 which is identified as 12 4A.
7 THE COURT: They will be admitted as Government’s
8 Exhibits 12 4 and 12 4A.
9 (A document was received in
10 evidence as Government’s Exhibit 12 4 and 12 4A.)
11 MR. KASTRENAKES: May I publish?
12 THE COURT: You may.
13 BY MR. KASTRENAKES:
14 Q. You told us this is a social security card?
15 A. Yes.
16 Q. Can you tell us the name that the social security card is
17 issued in?
18 A. Yes. It is in the name of Luis Medina III.
19 Q. Is there a signature?
20 A. Yes, there is.
21 Q. What is the social security number?
22 A. The number is 594 25 0578.
23 Q. Inside the same black wallet pouch that was in the
24 briefcase, did you also find a selective service card?
25 A. Yes, there was a selective service card there.

RICHARD A. KAUFMAN, CMRR

2015

1 Q. SAV 59. Do you recognize SAV 59, Mr. Hall?
2 A. Yes.
3 Q. Is SAV 59 another document found inside the black pouch?
4 A. Yes, it is.
5 Q. Does it appear to be in today the same condition as it was
6 when you recovered it on September 12, 1998 or substantially
7 the same condition?
8 A. Yes, it is.
9 MR. KASTRENAKES: We would offer it as Government’s
10 Exhibit SAV 59.
11 THE COURT: It will be admitted as Government’s
12 Exhibit SAV 59.
13 (A document was received in
14 evidence as Government’s Exhibit SAV 59.)
15 MR. KASTRENAKES: May I publish it?
16 THE COURT: You may.
17 BY MR. KASTRENAKES:
18 Q. Let’s go through the selective service card if we can,
19 Agent Hall.
20 First, does it indicate a social security number for
21 the person that is registering for selective service with the
22 United States Military?
23 A. Yes, it does.
24 Q. What is it?
25 A. 594 25 0578.

RICHARD A. KAUFMAN, CMRR

2016

1 Q. Is that the same social security number that was just
2 testified about in Exhibit 12 4?
3 A. Yes, it is.
4 Q. Is there a phone number for this individual?
5 A. Yes, there is a phone number there, 813 837 4277.
6 Q. And a date that this individual registered in the selective
7 service system?
8 A. That is listed as February 9, 1993.
9 Q. The address that this person was residing at, permanent
10 address?
11 A. The address indicated is 3407 West Bay Avenue, Tampa,
12 Florida, 33611.
13 Q. That is a different Tampa address than the address on the
14 Express Mail envelope?
15 A. That is correct.
16 Q. Who is the person that is registering with the United
17 States Military, the Selective Service System?
18 A. The name listed is Luis Medina III.
19 Q. And the address is the same address?
20 A. Yes.
21 Q. Is there a signature?
22 A. Yes, there is.
23 Q. Of the registrant?
24 A. It is on that line, correct.
25 Q. And it matches the name Luis Medina III?

RICHARD A. KAUFMAN, CMRR

2017

1 A. Yes, it does.
2 Q. Was Luis Medina III registered with the United States
3 Military and given a selective service number?
4 A. Yes, he was.
5 Q. What number is that?
6 A. It appears to be 68 1947993 9.
7 MR. KASTRENAKES: There is some small print on SAV 59.
8 The only way the jurors can see that is if I pass it out. I
9 would ask permission to do so.
10 THE COURT: You may do so.
11 BY MR. KASTRENAKES:
12 Q. Were some cards such as library cards or video cards also
13 found inside that pouch, SAV 21?
14 A. Yes, there were cards.
15 Q. SAV 60?
16 Q. Do you recognize SAV 60?
17 A. Yes, I do.
18 Q. Are those two cards, cards that were found inside the
19 pouch?
20 A. Yes, they were.
21 Q. Do they appear today to be in the same or substantially the
22 same condition as when they were recovered on September 12,
23 1998?
24 A. Yes, they are.
25 MR. KASTRENAKES: We would offer SAV 60.

RICHARD A. KAUFMAN, CMRR

2018

1 THE COURT: It will be admitted as SAV 60.
2 (A document was received in
3 evidence as Government’s Exhibit SAV 60.)
4 MR. KASTRENAKES: May I briefly publish these?
5 THE COURT: You may.
6 BY MR. KASTRENAKES:
7 Q. The first card is what, sir?
8 A. It indicates a Tampa Hillsborough County Public Library
9 System borrower’s card.
10 Q. In the name of who?
11 A. Luis Medina III.
12 Q. Is there a signature?
13 A. Yes, there is.
14 Q. The same signature as the person who is Luis Medina III?
15 A. That is what it says.
16 Q. And the second library card?
17 A. It is a Miami Dade Public Library System borrower’s card.
18 Q. And there is no name that appears on that?
19 A. Not on that side. I don’t believe there is one on the
20 other, either.
21 Q. On the back is a signature?
22 A. Yes.
23 Q. Whose signature is on the back?
24 A. Luis Medina III.
25 Q. You also testified that you recovered an individual card

RICHARD A. KAUFMAN, CMRR

2019

1 from the same pouch?
2 A. That is correct.
3 Q. SAV 61 composite for identification. Could you look
4 through all those cards and tell us if you recognize them, sir?
5 A. Yes. These are the cards that were in there as well.
6 Q. Do they appear to be in the same or substantially the same
7 condition today as they were when they were recovered on
8 September 12, 1998?
9 A. Yes, they do.
10 MR. KASTRENAKES: We would offer SAV 61.
11 THE COURT: It will be admitted as Government’s
12 Exhibit SAV 61.
13 (A document was received in
14 evidence as Government’s Exhibit SAV 61.)
15 THE COURT: You may publish.
16 MR. KASTRENAKES: Thank you.
17 BY MR. KASTRENAKES:
18 Q. The first one is a card from what place?
19 A. Rent a Movie.
20 Q. What is the address?
21 A. 44644 West Gandy in Tampa, Florida.
22 Q. What is the next one?
23 A. It is a card from Maria’s Video, 0227 in the name of Luis
24 Medina III.
25 Q. Is there an area code for the phone number for Maria’s

RICHARD A. KAUFMAN, CMRR

2020

1 Video?
2 A. 813.
3 Q. Are you familiar with the State of Florida area code 813?
4 A. I don’t know. I believe it is in Tampa.
5 This is another video borrower’s card from Kash and
6 Karry.
7 Q. Who is it signed by?
8 A. The signature on the other side is Luis Medina III.
9 This is a membership card from Blockbuster Video.
10 Q. A pretty familiar card. On the back, it indicates what?
11 A. That it is issued to Luis Medina III, then there are some
12 other indications of numbering there.
13 Q. A couple of questions with respect to the back of the card.
14 The card is issued at what location?
15 A. Santa Maria Shopping Center.
16 Q. In the name of?
17 A. Luis Medina III.
18 Q. Again, are you familiar with international area code
19 calling?
20 A. Not really, no.
21 Q. Do you know what 809 is, that area code?
22 A. No, I do not.
23 Q. The next card?
24 A. This is a West Coast Video card.
25 Q. Signed by?

RICHARD A. KAUFMAN, CMRR

2021

1 A. Luis Medina III.
2 Q. We covered the return address on the Express Mail address
3 but can you tell us, and I am sure the jury saw this when it
4 was published; can you tell us where this Express Mail envelope
5 came from? You already told us it went to Luis Medina Interbay
6 Boulevard; but where did it come from?
7 A. It came from the Bureau of Vital Statistics in Austin,
8 Texas.
9 Q. That is the envelope that had the birth certificate?
10 A. That is correct.
11 Q. Did you find cards and other identification from a company
12 called Mason Shoe Company located out of the State of Florida,
13 in Illinois?
14 A. Yes, we did.
15 Q. I have SAV 58 and SAV 17 composite.
16 If you could look through SAV 17 composite and SAV 58,
17 can you tell us what is contained in those sleeves, sir?
18 A. These are in the same basic condition as we found them in.
19 Q. Were they recovered from inside the locked briefcase?
20 A. That is correct.
21 MR. KASTRENAKES: Your Honor, we would offer SAV 58
22 and SAV 17.
23 THE COURT: They will be admitted as Government’s
24 Exhibits SAV 58 composite and SAV 17 composite.
25 (A document was received in

RICHARD A. KAUFMAN, CMRR

2022

1 evidence as Government’s Exhibit SAV 58 and SAV 17.)
2 MR. KASTRENAKES: A blow up of the part of SAV 17 is
3 SAV 17A.
4 THE COURT: It will also be admitted as SAV 17A.
5 (A document was received in
6 evidence as Government’s Exhibit SAV 17A.)
7 MR. KASTRENAKES: May I publish?
8 THE COURT: You may.
9 BY MR. KASTRENAKES:
10 Q. Let’s start with SAV 17A composite. What is SAV 17? What
11 is this?
12 A. It is a pocket protecter.
13 Q. Compliments of whom?
14 A. Of your Mason Shoe dealer.
15 Q. Located where?
16 A. Chippewa Falls, Wisconsin.
17 Q. Inside the pocket protecter, were there business cards
18 found?
19 A. That is correct.
20 Q. Those business cards are in the name of what?
21 A. Are in the name of Mason Shoes.
22 Q. A number of those business cards were found inside the
23 pocket protecter?
24 A. Yes. They are all blank. You can see there is a place to
25 write in a name, perhaps, but it wasn’t done there.

RICHARD A. KAUFMAN, CMRR

2023

1 Q. Were there other Mason Shoe documents inside the briefcase?
2 A. Yes, there were.
3 Q. Let’s go through them.
4 We are now looking at SAV 58 composite. It is
5 basically what?
6 A. Apparently it is a list of the benefits given to the person
7 who reaches the Mason Shoe President Club status.
8 Q. On the other side is what?
9 A. A certificate of recognition.
10 Q. For whom?
11 A. Luis Medina III.
12 Q. Where does Luis Medina III reside according to this
13 document?
14 A. Tampa, Florida.
15 Q. He has been a Mason Shoe dealer since when?
16 A. The fall of 1993.
17 Q. And he is admitted to the President’S Club of Mason Shoes?
18 A. That seems to be the case, yes.
19 Q. What are these cards?
20 A. Members of the dealers advisory board issued in 1996, is
21 what it seems to indicate. All of them in the name of Luis
22 Medina III.
23 MR. KASTRENAKES: This is still part of SAV 58, Your
24 Honor. We are going through the composite exhibit.
25 BY THE WITNESS:

RICHARD A. KAUFMAN, CMRR

2024

1 A. This is apparently a dealership card to Mason from Mason
2 Shoes with a dealer number on it in the name of Luis Medina
3 III.
4 Q. What address what apartment are those located at?
5 A. It shows Westminster Chase Apartments, 6910 Interbay
6 Boulevard Apartment 35C in Tampa.
7 Q. On the back of the card, the signature?
8 A. Luis Medina III.
9 Q. As what?
10 A. Member of the Direct Sales Selling Association of Mason
11 Shoes.
12 Q. Did Luis Medina III get an award from Mason Shoes?
13 A. Yes, he did. He apparently was dealer of the year.
14 Q. For what year was Luis Medina III the dealer of the year in
15 the Mason Shoe Company?
16 A. 1997.
17 Q. What inventory of Mason Shoes was found at 1776 Polk
18 Street?
19 A. I don’t think we found any Mason Shoes.
20 Q. Inside the located briefcase, were there envelopes with
21 notations on them in handwritten form?
22 A. Yes.
23 Q. SAV 19 composite.
24 If you could look at SAV 19 composite and tell us if
25 you recognize it?

RICHARD A. KAUFMAN, CMRR

2025

1 A. Yes, these appear to be some of the documents that came
2 from that briefcase, that is correct.
3 Q. Do they appear to be in the same or substantially the same
4 condition today as they were when what is contained in SAV 19
5 was recovered on September 12, 1998?
6 A. Yes, they do.
7 MR. KASTRENAKES: We offer SAV 19.
8 THE COURT: They will be admitted as Government’s
9 Exhibit SAV 19 composite.
10 (A document was received in
11 evidence as Government’s Exhibit SAV 19.)
12 MR. KASTRENAKES: May I publish?
13 THE COURT: You may.
14 BY MR. KASTRENAKES:
15 Q. What kind of notations appear to be on the envelopes in
16 general?
17 A. It appears to be a monetary record, something to do with
18 payments, perhaps.
19 Q. First on the top of one of the envelopes, what are the
20 letters that you see there?
21 A. It appears to be M X I X.
22 Q. And on the bottom of that same envelope on the right hand
23 side, a notation in the amount of what?
24 A. It appears to be $1,000.
25 Q. Whoever marked that envelope marked it with a number 2?

RICHARD A. KAUFMAN, CMRR

2026

1 A. That is correct.
2 Q. Let’s go to the envelope marked number 1. Again on the
3 top, Roman numerals what?
4 A. M X I X again.
5 Q. And on the left side, monetary notations?
6 A. Monetary notations and apparently some dates as well.
7 Q. And here are some more monetary notations and some more
8 dates?
9 A. Correct.
10 Q. This envelope does not have a mark, but on the top, does it
11 appear to have two Roman numerals?
12 A. Yes, M V on this one.
13 Q. Again, on the left side, indications of what?
14 A. Dates and monetary amounts.
15 Q. Specifically here, M A J U?
16 A. Correct.
17 Q. An amount of money?
18 A. $1,200.
19 Q. It is broken down into two amounts. That is correct?
20 Q. An entity L O R?
21 A. Correct.
22 Q. It has an amount of money which is crossed out which is
23 what?
24 A. The $600 amount there and it is crossed out in blue ink.
25 Q. The date of that?

RICHARD A. KAUFMAN, CMRR

2027

1 A. That is February 25, 1998.
2 Q. On the bottom right hand corner of the same envelope, do
3 you see that amount of money?
4 A. Yes. $550 indicated with a name Allan.
5 Q. To?
6 A. Giro, perhaps.
7 Q. The date?
8 A. July 31, 1998. Something about renting an apartment there.
9 Q. The envelope that is marked on the upper right hand corner
10 with a 26.
11 A. Rights.
12 Q. Again, a date?
13 A. The date is March 30, 1997, it looks like, or 1992. 1997,
14 apparently.
15 Q. Let’s look down here down to 22?
16 A. Yes.
17 Q. $700 for?
18 A. Computer, it is says, bank. Then the date
19 Q. How is that 700 broken out?
20 A. Let’s see. There is 500 to, I guess, bank and 200 to
21 wallet.
22 Q. Also in there again, on the top of another envelope not
23 numbered on the right hand corner, what is the Roman numerals
24 on the top?
25 A. This also is M V.

RICHARD A. KAUFMAN, CMRR

2028

1 Q. Again, notations. What dates do we have here?
2 A. It looks like October through December, maybe.
3 Q. Are you familiar with the word Diciembre meaning December?
4 A. Yes.
5 Q. The amount of money?
6 A. $3,950.
7 Q. The first person there or entity L O R?
8 A. With $600 and a strike through it.
9 Q. With a date next to it?
10 A. Yes, also D I C 6.
11 Q. Then two other persons or entities, LUMA?
12 A. LUMA, 2,750 with November 11 as the date and M A J U with a
13 $600 indicated.
14 Q. The right hand side, more notations and dates?
15 A. Yes, a date of November 19 in the wallet, December 11, and
16 December 17, I guess that is wallet also.
17 Q. Another envelope with no number on the right hand side.
18 The Roman Numeral is what?
19 A. M X I X again.
20 Q. Again, does this have a time period of dates?
21 A. Yes, EN through March, apparently.
22 Q. Are you familiar with the term for January?
23 A. Yes. It is January, probably.
24 Q. Again, financial figures. Yes, a whole series of dollar
25 amounts with some other notations, but I am not familiar with

RICHARD A. KAUFMAN, CMRR

2029

1 it?
2 Q. A loose piece of paper that was part of this package of
3 evidence again having what?
4 A. Again, apparently some dollar amounts or figures, then some
5 other name notations. Apparently there is a percentage figure
6 there and some various percentages.
7 Q. On the top of this it is indicated a Visa?
8 A. Yes, and Cap One. Perhaps Capital One Bank, or something.
9 Q. Like in Visa Card?
10 A. Yes.
11 Q. Back to number 26, the envelope, I forgot to mention
12 something. There is a number crossed out?
13 A. Yes, 1684 has an X through it.
14 Q. There are two words below that, R E S?
15 A. H O R A C, perhaps.
16 Q. Special Agent Hall, in the aggregate these appear to be
17 rough ledgers and notes regarding financial statements
18 regarding accounts and people?
19 A. Apparently people or to use your term, entities, perhaps.
20 MR. KASTRENAKES: May I publish SAV 19 composite to
21 the jurors? There are many things on these documents I did not
22 publish.
23 THE COURT: You may.
24 BY MR. KASTRENAKES:
25 Q. We are still on the briefcase. We haven’t left the

RICHARD A. KAUFMAN, CMRR

2030

1 briefcase?
2 A. I didn’t think we had.
3 Q. In the briefcase, did you also locate two small notebooks,
4 binder notebooks?
5 A. Yes, we did.
6 Q. SAV 22 and SAV 23 for identification.
7 If you could, look first at SAV 22?
8 A. Yes.
9 Q. Had something happened to SAV 22 since the time you
10 recovered it on September 12, 1998?
11 A. Yes. The ring binder portion has been torn from the main
12 back, the spine of the notebook.
13 Q. On September 12, 1998, did you do that? Were you the
14 person or anybody at your direction who removed the binder from
15 the back of the notebook?
16 A. No.
17 Q. Other than that, does the notebook appear to be in the same
18 or substantially the same condition as it was when I recovered
19 it from the locked briefcase on September 12, 1998?
20 A. Yes, it is.
21 MR. KASTRENAKES: We would offer SAV 22.
22 THE COURT: It will be admitted as Government’s
23 Exhibit SAV 22 composite.
24 (A document was received in
25 evidence as Government’s Exhibit SAV 22.)

RICHARD A. KAUFMAN, CMRR

2031

1 BY MR. KASTRENAKES:
2 Q. Could you look at SAV 23. Do you recognize it, sir?
3 A. Yes, I do.
4 Q. Has something happened to SAV 23 since it was initially
5 recovered from the locked black briefcase?
6 A. Yes. The same thing. The ring binder portion has been
7 removed from the spine of the notebook.
8 Q. Did you do that or did anybody at your direction do that?
9 A. No, they did not.
10 Q. Somebody else did that?
11 A. Yes.
12 Q. On September 12, 1998, did you recover from inside SAV 22
13 or SAV 23, any documentation?
14 A. No, we did not.
15 Q. Somebody else did that, if they did it at all?
16 A. I have no knowledge of that.
17 Q. Other than the fact somebody else had taken off the rings
18 on the notebook, does SAV 23 appear to be in the same or
19 substantially the same condition today as it was when it was
20 recovered from the inside the locked black briefcase on
21 September 12?
22 A. Yes, it is.
23 MR. KASTRENAKES: We move it into evidence.
24 THE COURT: It will be admitted as SAV 23 composite.
25 (A document was received in

RICHARD A. KAUFMAN, CMRR

2032

1 evidence as Government’s Exhibit SAV 23.)
2 BY MR. KASTRENAKES:
3 Q. On SAV 22, was there paper inside the notebook?
4 A. Yes.
5 Q. Did the paper have any writing on it whatsoever?
6 A. Yes. Down near the center of several pages in any case,
7 there is a column of notations there in blue ink.
8 Q. And on SAV 23?
9 A. On SAV 23, there was only one word or abbreviation in the
10 upper right hand corner. It just says “ALL period.”
11 Q. That is on the first page?
12 A. The first page of that.
13 Q. No other writing?
14 A. No other writing in there.
15 MR. KASTRENAKES: May the government publish SAV 22
16 and SAV 23 to the jury?
17 THE COURT: You may.
18 BY MR. KASTRENAKES:
19 Q. When you recovered SAV 22, did you take this to be anything
20 more than just a notebook with some writing on one of the
21 pages?
22 A. I didn’t believe it to be, no. It was taken because of the
23 possibility of indented writing or something like that.
24 Q. When you took SAV 22, you didn’t take it for any reason
25 that there might be documentation inside?

RICHARD A. KAUFMAN, CMRR

2033

1 A. I did not.
2 Q. You didn’t see any documentation?
3 A. I did not.
4 Q. The same things for SAV 23; when you recovered it on
5 September 12, 1998, it was a notebook with some writing on the
6 first page?
7 A. That is correct.
8 Q. You didn’t recover it for purposes of recovering
9 identification?
10 A. Correct.
11 Q. Finally, in the briefcase, was money recovered?
12 A. Yes, there was cash in there.
13 Q. How much money?
14 A. I don’t recall specifically. $5,000.
15 Q. Is there anything that would refresh your memory on that?
16 Do you have a log?
17 A. I have the log with me, the evidence log.
18 Q. Okay.
19 A. The briefcase, correct?
20 Q. Yes.
21 A. $5,409 was recovered from the briefcase as well.
22 Q. Did the Federal Bureau of Investigation take photographs of
23 the money that was recovered inside the briefcase?
24 A. Yes.
25 Q. Let me show you what has been marked SAV 24. Do you

RICHARD A. KAUFMAN, CMRR

2034

1 recognize the photograph, sir?
2 A. Yes. It is appears to be the money that was recovered from
3 that briefcase.
4 MR. KASTRENAKES: We would move into evidence SAV 24
5 as photographs of the $5,409 that was recovered from inside the
6 locked black briefcase.
7 THE COURT: It will be admitted as Government’s
8 Exhibit SAV 24 composite.
9 (A document was received in
10 evidence as Government’s Exhibit SAV 24.)
11 MR. KASTRENAKES: May I publish it?
12 THE COURT: You may.
13 Q. The numbers at the bottom, those reflect a Case Number from
14 the Federal Bureau of Investigation?
15 A. That is correct.
16 Q. The 1V number, that is a separate number?
17 A. It is valuable evidence so it would be put in a separate
18 category.
19 Q. Here is a photocopy of the money without the Case Number?
20 A. Correct.
21 Q. I would like to move out of closet E, the briefcase, and go
22 to a different piece of evidence recovered at 1776 Polk Street
23 Apartment 3G.
24 In evidence is SAV 56V 1
25 THE COURT: Mr. Kastrenakes, you need to be by a

RICHARD A. KAUFMAN, CMRR

2035

1 microphone otherwise I am concerned you are not being picked
2 up.
3 Q. 56V 1?
4 A. That is the bedside table nearest the balcony.
5 Q. Was there a wallet recovered on top of that table?
6 A. Yes, there was.
7 Q. Is that this wallet here?
8 A. Yes, it is.
9 Q. SAV 27 composite. First look at the wallet then look at
10 the cards and documents set off to the side of the wallet and
11 tell us if you recognize it?
12 A. Yes. This is the wallet and the material that is located
13 on that bedside table.
14 Q. That was recovered from the wallet on the table?
15 A. Correct.
16 Q. Did it appear to be in the same or substantially the same
17 condition today as it was when it was recovered on September
18 12, 1998?
19 A. Yes, it does.
20 MR. KASTRENAKES: We would move into evidence SAV 27
21 composite as the next government exhibit.
22 THE COURT: It will be admitted as Government’s
23 Exhibit SAV 27 composite.
24 (A document was received in
25 evidence as Government’s Exhibit SAV 27.)

RICHARD A. KAUFMAN, CMRR

2036

1 MR. KASTRENAKES: May I publish it, Your Honor?
2 THE COURT: You may.
3 MR. KASTRENAKES: May I publish the wallet by handing
4 it to the members of the jury as well?
5 THE COURT: You may.
6 BY MR. KASTRENAKES:
7 Q. Let’s start with this class of documents here. These are
8 what, sir?
9 A. They are three phone cards, prepaid calling cards.
10 Q. Next?
11 A. It is a Triple A Automobile Club membership card.
12 Q. You have already testified about another Triple A Club card
13 found inside the locked briefcase?
14 A. That is correct.
15 Q. This is a different card?
16 A. Yes.
17 Q. With a different expiration date?
18 A. Yes, it is.
19 Q. Issued in whose name?
20 A. Luis Medina III.
21 Q. Let me show you this, do you recognize that?
22 A. Yes, I do.
23 Q. What is that?
24 A. It is a receipt for a film, undeveloped film drop off at
25 Walgreen’s.

RICHARD A. KAUFMAN, CMRR

2037

1 Q. What did you do with this receipt?
2 A. This receipt was turned over to Special Agent Orihuela.
3 Q. Did he do something with it?
4 A. I guess he recovered the film.
5 Q. You didn’t recover the film?
6 A. I did not, no.
7 Q. Finally I want to go to this identification card?
8 A. This is an identification card from the State of Florida
9 which looks rather like a driver’s license but it is not.
10 Q. Does it indicate identification card as opposed to driver’s
11 license?
12 A. Yes.
13 MR. KASTRENAKES: Your Honor, I would offer at this
14 time the blowup of this identification card so the jurors can
15 follow along with the blowup as well as on the overhead, it is
16 27 A.
17 THE COURT: It will be admitted as Government’s
18 Exhibit SAV 27A.
19 (A document was received in
20 evidence as Government’s Exhibit SAV 27A.)
21 BY MR. KASTRENAKES:
22 Q. There is a picture of a human being on the card?
23 A. Yes.
24 Q. Do you recognize that?
25 A. Yes.

RICHARD A. KAUFMAN, CMRR

2038

1 Q. Who is that?
2 A. John Doe Number 2.
3 Q. The defendant here in the courtroom, John Doe Number 2?
4 A. Correct.
5 Q. What name is used on this identification card?
6 A. Luis Medina.
7 Q. And the address that is used?
8 A. 3407 West Bay Avenue, Tampa, Florida, 33611.
9 Q. What date did Luis Medina, defendant John Doe Number 2,
10 obtain this Florida identification card?
11 A. It indicates it was issued on November 3, 1992.
12 Q. Is there a signature line?
13 A. Yes, there is.
14 Q. It is signed by who?
15 A. Luis Medina.
16 MR. KASTRENAKES: May I publish this portion of SAV 27
17 composite by handing it out to the ladies and gentlemen of the
18 jury?
19 THE COURT: You may.
20 BY MR. KASTRENAKES:
21 Q. Was another identification card, a Florida driver’s license
22 also recovered?
23 A. Yes, it was.
24 Q. Do you recognize 12 3?
25 A. Yes, I do.

RICHARD A. KAUFMAN, CMRR

2039

1 Q. Does that driver’s license appear to be in the same or
2 substantially the same condition today as when it was recovered
3 from SAV 27, the wallet on the night stand?
4 A. Yes, it does.
5 MR. KASTRENAKES: We would offer 12 3 and the blow up
6 enlargement of the front part of the driver’s license as 12 3A.
7 THE COURT: They will be admitted as Government’s
8 Exhibits 12 3 and 12 3A.
9 (A document was received in
10 evidence as Government’s Exhibit 12 3 and 12 3A.)
11 MR. KASTRENAKES: May I publish that exhibit, Your
12 Honor?
13 THE COURT: You may.
14 Q. It appears to be a typical Florida driver’s license?
15 A. Yes, it does, except it is a duplicate license.
16 Q. The person depicted on there is whom, sir?
17 A. The name is Luis Medina III. We are referring to him as
18 John Doe 2.
19 Q. The defendant in this trial?
20 A. That is correct.
21 Q. The address is not on Bay Boulevard, I believe was the
22 address on the other identification, Bay Avenue in Tampa, but
23 it is an address in Hollywood, Florida. What address is that?
24 A. 1776 Polk Street Apartment 3G, Hollywood, Florida, 33020.
25 Q. Do you recognize that address, Special Agent Hall?

RICHARD A. KAUFMAN, CMRR

2040

1 A. Yes, that is where the license was recovered.
2 Q. The scene of the search?
3 A. The scene of the search.
4 Q. What is the date that defendant John Doe Number 2 took this
5 paragraph and got the driver’s license?
6 A. On December 22, 1997.
7 Q. When it says issued, that is an original issue date?
8 A. That would refer to the initial issue of the Florida
9 driver’s license.
10 Q. A duplicate issue date is?
11 A. It is a little more than five years later in this case.
12 Q. The license itself expires when or expired?
13 A. It shows it expires July 9, 1999.
14 Q. This is a driver’s license that was recovered from in that
15 wallet?
16 A. Yes, it is.
17 MR. KASTRENAKES: May I publish this driver’s license?
18 THE COURT: You may.
19 BY MR. KASTRENAKES:
20 Q. In connection with this case, did the Federal Bureau of
21 Investigation request of the Department of motor vehicles, the
22 driver’s license bureau of the State of Florida to get the
23 driver’s licenses, official copies thereof of what defendant
24 John Doe Number 2 had received from the State of Florida since
25 1992?

RICHARD A. KAUFMAN, CMRR

2041

1 A. Yes, we did.
2 Q. Let’s start off with 737 and 737A.
3 MR. KASTRENAKES: I would offer 737 and 737A as
4 certified copies of the Department of Highway Safety and Motor
5 Vehicle records of Luis Medina III.
6 THE COURT: They will be admitted as Government’s
7 Exhibits 737 and 737A.
8 (A document was received in
9 evidence as Government’s Exhibit 737 and 737A.)
10 BY MR. KASTRENAKES:
11 Q. Every time you get a driver’s license in the State of
12 Florida, do you also fill out an application for that driver’s
13 license?
14 A. Yes.
15 Q. When you obtain the records from the State of Florida for
16 an official driver’s license of a person, you also can request
17 and receive a certified copy of that application, which is kept
18 on file?
19 A. That is correct.
20 Q. So we have both there, 737 and 737A?
21 A. Yes.
22 MR. KASTRENAKES: May I publish 737 and 737A using the
23 overhead?
24 THE COURT: You may.
25 BY MR. KASTRENAKES:

RICHARD A. KAUFMAN, CMRR

2042

1 Q. So the jurors can get familiar with what the State of
2 Florida has on file, is this just the State of Florida record
3 for the driver’s license that we published to the jurors as
4 12 3?
5 A. It appears to be the same.
6 Q. And you can go to the date, the duplicate issue date and
7 what date is that?
8 A. 12/22/97.
9 Q. They actually tell you the issue time?
10 A. That is correct.
11 Q. And the original issue date is the same original issue
12 date?
13 A. Correct, November 20, 1992.
14 Q. We will not spend any more time on the driver’s license
15 since the jurors actually have the driver’s license.
16 Let’s take a look at the application if we can so the
17 jurors can get familiar with this document.
18 The name and the address are the same?
19 A. Yes.
20 Q. The issue date of this application is what?
21 A. December 22, 1997.
22 Q. Luis Medina III has a social security number?
23 A. That is correct.
24 Q. Do you remember that number from earlier in your testimony?
25 A. Yes.

RICHARD A. KAUFMAN, CMRR

2043

1 Q. Is it the same number?
2 A. Yes, it is.
3 Q. Does it also indicate here that this is a replacement
4 license?
5 A. Yes, that is what it indicates there.
6 Q. Let’s work our way back in time. We started with the most
7 recent driver’s license in 12 3 and I would like to move back
8 to an earlier issued license and I have here 736 and 736 A.
9 MR. KASTRENAKES: Your Honor, we would be offering as
10 we did with 737 and 737 A, the official records of the State of
11 Florida Department of Highway Safety and Motor Vehicles
12 regarding a driver’s license issued to Luis Medina III and the
13 application for that driver’s license.
14 THE COURT: They will be admitted as Government’s
15 Exhibits 736 and 736 A.
16 (A document was received in
17 evidence as Government’s Exhibit 736 and 736A.)
18 BY MR. KASTRENAKES:
19 Q. I will stay here and use the overhead.
20 A. That is fine.
21 Q. Let’s spend a little bit more time on this driver’s license
22 since it was not recovered.
23 A. We did not recover this.
24 Q. In fact this license was the one that was replaced,
25 surrendered to the department of motor vehicles when they

RICHARD A. KAUFMAN, CMRR

2044

1 issued the December 22 license?
2 A. I believe that is the case, yes.
3 Q. Again, the person depicted there, do you recognize this
4 person?
5 A. Yes, I do.
6 Q. Who is that?
7 A. The defendant in this Court referred to as John Doe Number
8 2.
9 Q. This license, the original issue date of defendant John Doe
10 Number 2 driver’s license in the State of Florida is still
11 which date?
12 A. November 20, 1992.
13 Q. But this duplicate date is what?
14 A. The duplicate date on this one is August 29, 1996.
15 Q. A little over a year earlier?
16 A. Than the previous one, correct.
17 Q. Did Luis Medina III have a different address at that time?
18 A. Yes, he did.
19 Q. What address did he have?
20 A. 930 North 14th Court Number 7 Hollywood, Florida with a zip
21 of 33020.
22 Q. The application form is different than it was on the
23 December one. It is a little bit smaller print.
24 A. Yes, it is tougher to see.
25 Q. Luis Medina III at what address?

RICHARD A. KAUFMAN, CMRR

2045

1 A. This one shows 930 North 14th Court Number 7 Hollywood,
2 Florida 33020.
3 Q. And the date of this application?
4 A. August 29, 1996.
5 Q. Does that match the driver’s license itself?
6 A. Yes, it does.
7 Q. As with the other license, the December license, does it
8 indicate this is a replacement license?
9 A. Yes, it does.
10 Q. Of an earlier license?
11 A. Yes, it does.
12 MR. KASTRENAKES: The government would offer into
13 evidence 734 and 734A, self authenticating documents of the
14 State of Florida.
15 THE COURT: They will be admitted as Government’s
16 Exhibits 734 and 734A.
17 (A document was received in
18 evidence as Government’s Exhibit 734 adn 734A.)
19 BY MR. KASTRENAKES:
20 Q. Let’s go to the next driver’s license according to the
21 State of Florida.
22 Do you recognize the person depicted on this Florida
23 driver’s license?
24 A. Yes, I do, a younger, happier John Doe Number 2.
25 Q. And the original issue date is still what?

RICHARD A. KAUFMAN, CMRR

2046

1 A. Still November 20, 1992.
2 Q. What is the date that defendant John Doe Number 2 obtained
3 this driver’s license and had this picture taken of himself?
4 A. September 14, 1993.
5 Q. On September 14, 1993, what address did defendant John Doe
6 Number 2 report to the State of Florida as his address?
7 A. He reported 6910 Interbay Boulevard Tampa, Florida, 33616.
8 Q. Does this address match the address on the U.S. mail,
9 Express Mail envelope that was be found in the locked
10 briefcase?
11 A. Yes, it does.
12 Q. That was a 1996 mailing?
13 A. That is correct.
14 Q. You already told us the next driver’s license he got after
15 this was in 1996 at another address in Hollywood?
16 A. Yes, that is correct.
17 Q. Let’s go to this application.
18 734A. Again, issued to whom?
19 A. Issued to Luis Medina III.
20 Q. Signed by?
21 A. Luis Medina III.
22 Q. And the application date is?
23 A. September 14, 1993.
24 Q. This one indicates it is a what license?
25 A. Also a duplicate.

RICHARD A. KAUFMAN, CMRR

2047

1 MR. KASTRENAKES: I have 735 and 735A which are again
2 official records of the State of Florida relating to Luis
3 Medina relating to that person’s obtaining of an identification
4 card, official records of the State of Florida self
5 authenticating documents.
6 THE COURT: They will be admitted’s Government’s
7 Exhibits 735 and 735A.
8 (A document was received in
9 evidence as Government’s Exhibit 735 and 735A.)
10 BY MR. KASTRENAKES:
11 Q. We will be brief with this one Special Agent Hall because
12 you actually recovered this identification document; is that
13 correct?
14 A. Yes.
15 Q. That was issued on November 3, 1992?
16 A. Correct.
17 Q. That is a different address in Tampa as of what?
18 A. It is a different address as of
19 Q. What is the address?
20 A. 3407 West Bay Avenue in Tampa, Florida, 33611.
21 Q. On the application for that identification card, let’s go
22 through that. The same date November 3, 1992 for the ID card?
23 A. Correct.
24 Q. What does it indicate that defendant John Doe Number 2 used
25 to obtain the ID card?

RICHARD A. KAUFMAN, CMRR

2048

1 A. A social security card. It is indicated here, SSM.
2 Q. It indicates it is an ID card and an original?
3 A. Correct.
4 Q. The final document I would like to through. 733 and 733A.
5 MR. KASTRENAKES: We would be offering it, a self
6 authenticating document, official records from the State of
7 Florida Motor Vehicle Records, a driver’s license for Luis
8 Medina.
9 THE COURT: They will be admitted as Government’s
10 Exhibits 733 and 733A.
11 (A document was received in
12 evidence as Government’s Exhibit 733 adn733A.)
13 THE COURT: You may publish.
14 BY MR. KASTRENAKES:
15 Q. Let’s look at the driver’s license. The same person
16 depicted, John Doe Number 2?
17 A. That is correct.
18 Q. Using the name Luis Medina III?
19 A. Yes.
20 Q. With an address of what?
21 A. 3407 West Bay Avenue, Tampa, Florida with a zip of 33611.
22 Q. What is the date that this driver’s license was issued?
23 A. The issue date here is November 25, 1992.
24 Q. If you look at it a little closer, this date right here,
25 November what?

RICHARD A. KAUFMAN, CMRR

2049

1 A. November 20, 1992.
2 Q. Is this an original driver’s license?
3 A. Yes, it is with the zeros indicated there by the duplicate
4 date.
5 Q. It is not a duplicate?
6 A. Correct.
7 Q. So when the other driver’s license refer to the original
8 issue date, this is actually the original driver’s license?
9 A. Correct.
10 Q. That was replaced by all the other driver’s licenses?
11 A. Correct.
12 Q. Let’s look at the application which is 733A. Luis Medina
13 III. Which date?
14 A. 11/20/92.
15 Q. And on the right hand corner it tells us it is what?
16 A. It is an original application.
17 Q. Let’s go through the documents that defendant John Doe
18 Number 2 used to obtain his first Florida driver’s license in
19 Tampa.
20 First the bottom one?
21 A. The social security.
22 Q. DL received non driver?
23 A. That would be an identification card, probably.
24 Q. The defendant used, three week earlier issued
25 identification card and the social security card to get this

RICHARD A. KAUFMAN, CMRR

2050

1 driver’s license?
2 A. To obtain this license, it would appear, yes.
3 MR. KASTRENAKES: At this time I would also put in on
4 Government’s Exhibit 1A, the photograph of defendant John Doe
5 Number 2 as it appeared in his last driver’s license, his name
6 and the John Doe Number 2 indicted name.
7 THE COURT: You want to place that on the board?
8 MR. KASTRENAKES: Yes.
9 THE COURT: You may.
10 We will take a break at this time.
11 Do not discuss this case amongst yourselves or anyone
12 else. Have no contact with anyone whatsoever associated with
13 the trial. Do not read or listen to anything touching on this
14 matter in any way. Be back in the jury room in fifteen
15 minutes.
16 (Thereupon a recess was taken, after which the
17 following proceedings were had.)
18 (Open court. Jury not present.)
19 THE COURT: United States of America versus Gerardo
20 Hernandez, et al. Case Number 98 721.
21 Would counsel state their appearances.
22 (All parties present.)
23 THE COURT: The interpreters are also present and we
24 are ready for the jurors.
25 (Jury present.)

RICHARD A. KAUFMAN, CMRR

2051

1 THE COURT: You are still under oath, sir.
2 Thereupon
3
4 JOSEPH HALL,
5 called as a witness herein, having been previously duly sworn,
6 was examined and testified further as follows:
7 THE COURT: You may proceed, Mr. Kastrenakes.
8 BY MR. KASTRENAKES: (Continuing.)
9 Q. Special Agent Hall, we have completed the search and
10 seizure of the evidence from the first wallet that was on the
11 night stand next to the bed. I would like now to turn your
12 attention to a second wallet and first, I have before the jury
13 a picture of SAV 56L 1 in evidence and it shows a second
14 wallet. Where was the second wallet located?
15 A. The second wallet was from the dresser labeled H2.
16 Q. On top of the dresser?
17 A. Correct.
18 Q. Is that the wallet there?
19 A. That is the wallet, correct.
20 Q. SAV 28 composite.
21 Special Agent Hall, if you could look at SAV 28
22 composite, the wallet, and tell us if you recognize it, sir?
23 A. Yes. That is the wallet.
24 Q. Does that wallet and its contents, other than a few items
25 having been removed from the wallet, appear to be in the same

RICHARD A. KAUFMAN, CMRR

2052

1 or substantially the same condition today as it was when it was
2 recovered on top of the dresser H2 at 1776 Polk Street
3 Apartment Number 3G?
4 A. Yes, it does.
5 MR. KASTRENAKES: The United States would offer SAV 28
6 composite as its next exhibit.
7 MR. MENDEZ: No objection.
8 THE COURT: It will be admitted as SAV 28 composite.
9 (A document was received in
10 evidence as Government’s Exhibit SAV 28.)
11 MR. KASTRENAKES: May I publish the wallet itself
12 while I use the overhead for some documents in the wallet?
13 THE COURT: You may.
14 BY MR. KASTRENAKES:
15 Q. First, as in the other wallet, did you recover a number of
16 phone cards?
17 A. Yes. There is a series of prepaid phone cards. This is
18 them.
19 Q. Here are four of them. Here are four more?
20 A. Yes.
21 Q. What have I put on the overhead?
22 A. This is a Sam’s Club membership card in the name of Ruben
23 Campa.
24 Q. First, is there a person depicted on the Sam’s Club card?
25 A. Yes, there is a photograph there.

RICHARD A. KAUFMAN, CMRR

2053

1 Q. Do you recognize the person that is depicted on the Sam’s
2 Club card?
3 A. Yes, I do.
4 Q. Is that a defendant here in this courtroom here today, sir?
5 A. Yes, it is.
6 Q. Which one, if you could point to him?
7 A. John Doe Number 3.
8 MR. KASTRENAKES: May the record reflect the witness
9 has identified John Doe Number 3.
10 THE COURT: It will so reflect.
11 BY MR. KASTRENAKES:
12 Q. It indicates John Doe Number 3 is a business member of
13 Sam’s Club?
14 A. Yes.
15 Q. And he has been a member since when?
16 A. January 2, 1995.
17 Q. What is the business that John Doe Number 3 has?
18 A. It indicates a newspaper, advertising.
19 Q. Where is the Sam’s Club card obtained?
20 A. It indicates Mexico on the lower right hand corner.
21 Q. Was there a library card recovered also?
22 A. Yes.
23 Q. From which county?
24 A. Broward County library card.
25 Q. The signature on the back?

RICHARD A. KAUFMAN, CMRR

2054

1 A. Ruben Campa.
2 Q. A Capital beeper card on the front?
3 A. Yes.
4 Q. On the back of that card is what handwritten notation?
5 A. Handwritten notation is Silver Sand Motel with a phone
6 number 1 805 642 6751, extension 110, then a notation H A B 10.
7 Q. Again I asked you before on some of the evidence if you are
8 familiar with area codes in the United States. Are you
9 familiar with area code 805?
10 A. No.
11 Q. Do you know where the Silver Sand Hotel is?
12 A. I have never been there.
13 Q. A blank piece of paper with some notations on it. If you
14 could publish those to the jurors, please?
15 A. In handwritten blue ink, it indicates apparently phone
16 numbers, 917 966 2665. Then there is probably an extension,
17 3215 and after an asterisk, 4863.
18 The second set of numbers is 917 333 0286. Then there
19 is another set of four, probably an extension of some sort,
20 7198 with an asterisk 4863.
21 Q. The next card, South Garden Chinese Restaurant card as part
22 of SAV 28 composite. What I would ask you to publish is what
23 is written in pencil on the upper left hand corner?
24 A. In pencil there is a handwritten notation Fresno and a date
25 April 21, 1966.

RICHARD A. KAUFMAN, CMRR

2055

1 Q. And something else that is hard to read?
2 A. Yes. Perhaps R E G 11290, but I can’t really tell what
3 that says.
4 Q. And on the right hand side?
5 A. On the right hand side, also a pencil notation ST.T. Maybe
6 St. Thomas, perhaps. Then a number 57200 and another number,
7 an alphanumeric below, PGG, perhaps, then 3, 425.
8 Q. On the back of the card in pen, there was written what?
9 A. It says in pen, Ruben Campa September 14, 1965. Weslaco,
10 Texas and a space and another location 2889 follow some Street
11 Eskina it looks like, A 25th Street, perhaps. I can’t make out
12 that first letter.
13 Q. What city in California?
14 A. San F E O or San F W. I am not sure what it is; in
15 California.
16 Q. Another piece of paper?
17 A. In black ink, two restaurants and a K Mart. McDonald’s
18 Restaurant do you want me to publish these as well?
19 Q. You don’t have to read the exact address. Tell us the name
20 of the location?
21 A. A McDonald’s Restaurant on Southwest 88th Street. A K Mart
22 on Northwest 133rd Street and a Burger King on South Dixie
23 Highway in Coconut Grove.
24 Q. With some names in parenthesis below?
25 A. There is a single name after each one of the locations.

RICHARD A. KAUFMAN, CMRR

2056

1 The McDonald’s has apparently Ana. The K Mart has Barbara and
2 the Burger King has Carlos.
3 Q. Were there other items of evidence recovered from the same
4 wallet other than the documents we already covered?
5 A. Yes, there were.
6 Q. I would like to show you SAV 28A. Do you recognize that?
7 A. Yes, I do.
8 Q. Is that document another document that was recovered from
9 within the wallet SAV 28 composite?
10 A. Yes, it is.
11 Q. Does it appear to be in the same condition today as when it
12 was recovered?
13 A. Yes.
14 MR. KASTRENAKES: We would introduce SAV 28A, Your
15 Honor.
16 MR. MENDEZ: No objection.
17 THE COURT: It will be introduce admitted into
18 evidence as SAV 28A.
19 (A document was received in
20 evidence as Government’s Exhibit SAV 28A.)
21 BY MR. KASTRENAKES:
22 Q. What is 28A, SAV 28A?
23 A. It is apparently a receipt for having sent something
24 Express Mail.
25 Q. I would like to focus in on the date it was sent?

RICHARD A. KAUFMAN, CMRR

2057

1 A. I will try. It is apparently September 8, 1998.
2 Q. Just four days before the search?
3 A. That is correct.
4 Q. Who is it from?
5 A. It is from Mr. Carlos M Mendez at 6111 Northeast Second
6 Court Apartment E in Hallandale, Florida, 33009.
7 Q. This was found in the wallet of defendant John Doe Number
8 3?
9 A. That is correct.
10 Q. The date it is stamped?
11 A. September 8 also.
12 Q. Who is this package sent to?
13 A. The name and address are Mr. Arturo Mendez, Arteaga, 4416,
14 18th Avenue, Suite 250 in Brooklyn, New York, with a zip of
15 11204.
16 Q. Did the Federal Bureau of Investigation have agents in the
17 New York office assist in this investigation, if you are aware?
18 A. I am not really aware of that.
19 MR. KASTRENAKES: May I publish 28A?
20 THE COURT: You may.
21 BY MR. KASTRENAKES:
22 Q. Would you look at 28B, Special Agent Hall, and tell us if
23 you recognize it?
24 A. Yes, I do.
25 Q. Is that yellow sticky Post it note also something recovered

RICHARD A. KAUFMAN, CMRR

2058

1 from the wallet?
2 A. Yes.
3 Q. Does it appear to be in the same or substantially the same
4 condition today as it was when it was recovered on September
5 12, 1998?
6 A. Yes.
7 MR. KASTRENAKES: We offer it as the next exhibit.
8 MR. MENDEZ: No objection.
9 THE COURT: It will be admitted as SAV 28B.
10 (A document was received in
11 evidence as Government’s Exhibit SAV 28B.)
12 MR. KASTRENAKES: May I publish?
13 THE COURT: You may.
14 BY MR. KASTRENAKES:
15 Q. The numbers across the top?
16 A. There is a 744 in blue ink circled. It is tough to make
17 out what this is. 5142 and a 305. Then an arrow comes off of
18 the 5 pointing to an N, perhaps North. I don’t really know
19 what that notation is.
20 Q. One points down to what?
21 A. To an E 2 or E 2 D E L 20.
22 Q. In Spanish D E L
23 MR. MENDEZ: I will object to what the document means.
24 THE COURT: Sustained.
25 Q. What does the 4 come down to?

RICHARD A. KAUFMAN, CMRR

2059

1 A. E 2.
2 Q. Then there is some other writing in Spanish?
3 A. That is correct.
4 Q. And a next line across?
5 A. Below the E 2 is 567 then 8442 with some sort of circling
6 on the two 4s and 800 after that.
7 Q. And on the back?
8 A. It says brother 4. The numeral 4, then V.5.6.
9 Q. Would you look at the business card that was in SAV 29 and
10 tell us if you recognize it as having come from the wallet that
11 was recovered at the top of the dresser?
12 A. Yes, it is from that wallet.
13 Q. Does it appear to be in the same condition today as it was
14 when it was obtained on September 12, 1998?
15 A. Yes, it is.
16 MR. KASTRENAKES: We would offer SAV 29 and the blow
17 up of it which is SAV 29A.
18 MR. MENDEZ: No objection.
19 THE COURT: They will be admitted as SAV 29 and SAV
20 29A.
21 (A document was received in
22 evidence as Government’s Exhibit SAV 29 and SAV 29A.)
23 BY MR. KASTRENAKES:
24 Q. The front of the card is on the top of the blow up. Then I
25 would like for you to publish the back of the card. Was there

RICHARD A. KAUFMAN, CMRR

2060

1 some handwritten notation in ink on the back?
2 A. Yes, there is. There is a series of apparently first
3 names, then some dates.
4 Q. The first name is?
5 A. Jose, 29 September. Margot, November 7. Ariel, October
6 15. Laura, September 6. Julio, September 21. Mario, October
7 10. Lago, October 16.
8 Q. Next to Laura it says the word H I J A Agosto. Do you
9 understand what it means in Spanish?
10 A. Sister, perhaps? I am trying.
11 Q. If you don’t know, just say you don’t know.
12 A. I don’t know.
13 Q. The date next to that?
14 A. It is probably August 30.
15 Q. Next to Jose there is a word B O D A?
16 A. That is correct, then November 17 and H I J O S, AT T E N D
17 or something, I don’t know. No Ahora, I think it says.
18 Q. I have earlier published, I forgot to ask you a couple of
19 questions, a part of the wallet was this Chinese card in the
20 restaurant and I had you publish a location and a date on here?
21 A. Yes.
22 Q. In evidence in this case is Government Exhibit 121 which is
23 a death certificate from Fresno, California. If you could just
24 look at that date 4/21/66?
25 A. I see it.

RICHARD A. KAUFMAN, CMRR

2061

1 Q. Tell us, Exhibit 121, a death certificate for what name?
2 A. For a Ruben Campa.
3 Q. And from where?
4 A. County of Fresno, Fresno, California.
5 Q. The date of death is what?
6 A. April 21, 1966.
7 Q. And it was found in John Doe Number 3’s wallet?
8 A. That is correct.
9 Q. The card with the pencil writing on it?
10 A. That is correct.
11 Q. SAV 30. We are still discussing the evidence obtained from
12 John Doe Number 3’s wallet and I ask you if you recognize SAV
13 30, the small piece of paper as having come from that wallet?
14 A. Yes, I do.
15 Q. Does it appear to be in the same or substantially the same
16 condition today, other than having been removed from the wallet
17 and put in a separate sleeve?
18 A. Yes.
19 MR. KASTRENAKES: We would offer SAV 30 and the
20 enlargement SAV 30A as the next exhibit.
21 MR. MENDEZ: No objection.
22 THE COURT: They will be admitted as SAV 30 and SAV
23 30A.
24 (A document was received in
25 evidence as Government’s Exhibit SAV 30 and SAV 30A.)

RICHARD A. KAUFMAN, CMRR

2062

1 MR. KASTRENAKES: May I publish them?
2 THE COURT: You may.
3 BY MR. KASTRENAKES:
4 Q. On the top line is a number of numbers here?
5 A. Yes.
6 Q. I won’t ask you to publish it, the jurors can see. The
7 second line is a number of numbers again that I won’t ask you
8 to publish.
9 A. All right.
10 Q. Is there a time here?
11 A. Yes. It indicates 4:02 p.m.
12 Q. What is the number here that is bracketed?
13 A. 16 is bracketed.
14 Q. Let’s go through some of these other numbers.
15 What is this number?
16 A. F 14.
17 Q. What is this?
18 A. In a box is 10 F 5. In another box is 18 F 18.
19 Q. Are you familiar with fighter aircraft in the United States
20 Air Force?
21 A. That is what that type of notation is used for.
22 MR. MENDEZ: Objection.
23 THE COURT: Sustained.
24 BY MR. KASTRENAKES:
25 Q. Do the words or the numbers 55 F 18 mean anything to you?

RICHARD A. KAUFMAN, CMRR

2063

1 A. It seems to be indicators for United States aircraft.
2 MR. MENDEZ: Objection.
3 THE COURT: What ground?
4 MR. MENDEZ: Calls for speculation.
5 THE COURT: Sustained.
6 MR. MENDEZ: Move to strike.
7 THE COURT: The motion to strike is granted. The jury
8 is instructed to disregard the last answer.
9 BY MR. KASTRENAKES:
10 Q. On the bottom on this, what numbers do you see there?
11 A. 16 with F 14 and 18 with F 18.
12 Q. Have you ever served in the United States Military?
13 A. I have not.
14 Q. Let’s go to the back of the same piece of paper. What are
15 the three names here on the top?
16 A. Three names Lorient, Gabriel and Correo, probably.
17 Q. The next notation?
18 A. It says, I am not quite sure, comp or camp 84.
19 Q. The numbers that appear on the back?
20 A. 16, F 14, 18, F 18, 10, F 5, 4, E 2 D E L V A W 120. Then
21 there are 4 E 2 and something else, escuadrones, E C 2 then
22 D E L V A W 120.
23 Q. Take a look at SAV 31. Do you recognize that as coming
24 from the wallet SAV 28?
25 A. Yes, I do.

RICHARD A. KAUFMAN, CMRR

2064

1 Q. Does it appear to be in the same or substantially the same
2 condition today as when it was recovered from John Doe Number
3 3’s wallet from 1776 Polk Street Apartment 3G on accept 12?
4 A. Yes.
5 MR. KASTRENAKES: We offer SAV 31 and the enlargement
6 of SAV 31A.
7 MR. MENDEZ: No objection.
8 THE COURT: They will be admitted as Government’s
9 Exhibits SAV 31 and SAV 31A.
10 (A document was received in
11 evidence as Government’s Exhibit SAV 31 and SAV 31A.)
12 MR. KASTRENAKES: May I publish?
13 THE COURT: You may.
14 BY MR. KASTRENAKES:
15 Q. What is SAV 31?
16 A. It is a small card address book.
17 Q. It opens up like this and there is some writing?
18 A. That is correct.
19 Q. If you could go ahead and go through briefly what we have
20 written down here?
21 A. There is a series of names or notations alphabetically and
22 sets of numbers, seven digits with two digits after which I am
23 thinking are phone numbers.
24 At the top line is L M
25 Q. Generally speaking you have some designation on the last

RICHARD A. KAUFMAN, CMRR

2065

1 followed by seven digits followed by two digits?
2 A. Essentially. After Manny there are three digits at the end
3 but basically that is it, and none under that. Manny has a
4 second notation, perhaps, and there is no notation after the
5 number.
6 Q. You are not familiar with any of these individuals or
7 entities on the left side?
8 A. I have no idea.
9 Q. SAV 32. Do you recognize SAV 32?
10 A. Yes, I do.
11 Q. Is that card something that was recovered from the same
12 wallet you have been testifying about?
13 A. Yes, it was.
14 Q. Does it appear to be in the same condition today as when it
15 was recovered on September 12, 1998?
16 A. Yes, it is.
17 MR. KASTRENAKES: We would offer SAV 32, Your Honor.
18 THE COURT: It will be admitted as SAV 32.
19 (A document was received in
20 evidence as Government’s Exhibit sav 32.)
21 MR. KASTRENAKES: May I publish it?
22 THE COURT: You may.
23 BY MR. KASTRENAKES:
24 Q. What is SAV 32, Special Agent Hall?
25 A. It is an emergency medical information card from the J.C.

RICHARD A. KAUFMAN, CMRR

2066

1 Penny Life Insurance Company bearing the name of Manuel
2 Viramontez.
3 Q. Did this come from a wallet that Manuel Viramontez had
4 other identification in it or was it somebody else’s wallet?
5 A. It was in the wallet of John Doe Number 3.
6 MR. KASTRENAKES: May I approach with 8 4?
7 THE COURT: You may.
8 BY MR. KASTRENAKES:
9 Q. You are looking at 8 4, Special Agent Hall?
10 A. Yes.
11 Q. I just have a couple of questions for you regarding 8 4.
12 First, at the time that the wallet was recovered, when
13 you were conducting your search, was 8 4 in the wallet or had
14 it already been removed by another agent from the FBI?
15 A. It was not in the wallet.
16 Q. The other agent from the FBI who had removed 8 4 prior to
17 you conducting the search was whom, sir?
18 A. It was Angel Bellangeri.
19 Q. You recognize it as having been recovered by the FBI on
20 September 12, 1998 and having been entered into evidence by the
21 FBI?
22 A. Yes.
23 Q. Does it appear to be in the same condition today as it was
24 when it was recovered on September 12, 1998?
25 A. I can’t say that for sure because I didn’t see it on that

RICHARD A. KAUFMAN, CMRR

2067

1 date. It doesn’t look like it has been altered in any way but
2 I can’t tell that.
3 Q. What is 8 4?
4 A. 8 4 is a Florida driver’s license.
5 MR. KASTRENAKES: We would offer 8 4 at this time.
6 MR. MENDEZ: I don’t think there has been a proper
7 foundation.
8 THE COURT: Sustained.
9 Q. Back to the wallet when you had it regarding the conducting
10 of the search that you were the team leader of.
11 Did you find a social security card or was there a
12 social security card found in that wallet?
13 A. Yes, there was.
14 Q. Let me show you 8 5, do you recognize it?
15 A. Yes, I do.
16 Q. Does it appear to be a social security card that was
17 recovered from the wallet of defendant John Doe Number 3?
18 A. Yes, it does.
19 Q. Does it appear to be in the same or substantially the same
20 condition today as it was when it was recovered?
21 A. Yes.
22 MR. KASTRENAKES: We offer it as 8 5 and 8 5A, the
23 enlargement.
24 MR. MENDEZ: No objection.
25 THE COURT: It is admitted as Government’s Exhibit 8 5

RICHARD A. KAUFMAN, CMRR

2068

1 and 8 5A.
2 (A document was received in
3 evidence as Government’s Exhibit 8 5 and 8 5A.)
4 THE COURT: You may publish.
5 BY MR. KASTRENAKES:
6 Q. The social security card is in the name of who?
7 A. It has the name of Ruben Campa on it.
8 Q. And a signature?
9 A. Yes, also Ruben Campa.
10 Q. A social security number?
11 A. Yes. 240 77 4930.
12 Q. Much like the driver’s license records of defendant John
13 Doe Number 3, did the Federal Bureau of Investigation obtain
14 from the State of Florida Department of Motor Vehicles as well
15 as from the North Carolina Department of Motor Vehicles
16 official records of driver’s licenses issued in the name of
17 Ruben Campa?
18 A. Yes, they did.
19 MR. KASTRENAKES: At this time the United States would
20 offer into evidence self authenticating documents, 743 and
21 743A, Florida Department of Highway Safety Motor Vehicle
22 Records in the name of Ruben Campa.
23 MR. MENDEZ: No objection.
24 THE COURT: They will be admitted as Government’s
25 Exhibits 743 and 743A.

RICHARD A. KAUFMAN, CMRR

2069

1 (A document was received in
2 evidence as Government’s Exhibit 743 and 743A.)
3 THE COURT: Mr. Kastrenakes, you have to make your
4 announcements near a microphone. The acoustics are really very
5 poor.
6 BY MR. KASTRENAKES:
7 Q. 743 we are looking at. Is it a driver’s license issued by
8 the State of Florida?
9 A. It appears to be.
10 Q. There is a person depicted on that driver’s license?
11 A. Yes, there is.
12 Q. Do you recognize that individual, sir?
13 A. Yes, I do.
14 Q. Who is that, sir?
15 A. That is John Doe Number 3.
16 Q. What address was used in the obtaining of this driver’s
17 license?
18 A. 1776 Polk Street Apartment 3G in Hollywood, Florida.
19 Q. Do you recognize that address, sir?
20 A. Yes, I do.
21 Q. How do you recognize that address?
22 A. That is where the search was conducted.
23 Q. Is that where you actually saw defendant John Doe Number 3
24 being taken out?
25 A. That is correct.

RICHARD A. KAUFMAN, CMRR

2070

1 Q. What is the date that defendant John Doe Number 3 obtained
2 this driver’s license under the name Ruben Campa?
3 A. It was issued on August 17, 1998.
4 Q. Less than a month before the arrest and search?
5 A. Correct.
6 Q. Is it an original license from the State of Florida, sir?
7 A. Yes, it is.
8 Q. There is no duplicate?
9 A. No duplicate indicator.
10 Q. I would like to go back to an exhibit that was not
11 introduced but was marked for identification, 8 4, and if you
12 could look at 8 4 and tell us if that is the same or different
13 than what is depicted on 743? Is that the same license?
14 MR. MENDEZ: I do object to reading a document not in
15 evidence.
16 THE COURT: Sustained.
17 Rephrase your question.
18 BY MR. KASTRENAKES:
19 Q. Don’t read anything on that driver’s license. Is the
20 information on 743 the same or different than the information
21 that is on 8 4?
22 MR. MENDEZ: It is the same objection, Your Honor.
23 THE COURT: Is 8 4 in evidence?
24 MR. KASTRENAKES: It is not.
25 THE COURT: Sustained.

RICHARD A. KAUFMAN, CMRR

2071

1 BY MR. KASTRENAKES:
2 Q. Is there a picture on 8 4?
3 A. Yes.
4 Q. Is the picture on 8 4
5 THE COURT: Come up.
6 (Side bar.)
7 MR. KASTRENAKES: I understood the Court’s sustaining
8 of the objection for improper predicate to 8 4 because he
9 couldn’t say where it came from and authenticate it from that
10 point of view.
11 However, it is a driver’s license of a person who is
12 depicted as a defendant in this trial. It should be admissible
13 and we could call a witness later to tie in where it came from,
14 whether it came from a wallet or found on the street corner or
15 wherever else.
16 The fact of the matter, he can authenticate the
17 driver’s license as having a picture on it which is a picture
18 of the defendant on trial, with the name of the defendant on
19 trial, with the same address where the search took place where
20 the defendant was removed from.
21 From a document point of view it would be admissible;
22 that is our position. Where it came from, which came from the
23 wallet which he did not witness where it came from is not
24 something I would ask him but tie it up with a subsequent
25 witness.

RICHARD A. KAUFMAN, CMRR

2072

1 MR. MENDEZ: The point of the objection for improper
2 foundation is that the admissibility of that document, the
3 relevance of that document depends precisely where it was
4 obtained, that Mr. Campa used it as a false document. It is
5 because they haven’t been able to establish where it was
6 obtained and how it was obtained I objected and the Court
7 sustained my objection.
8 Given that document is not in evidence, this witness
9 cannot refer to the contents of that document whether by
10 describing it originally or comparing it with some other
11 document. It is coming in through the back door what they
12 can’t do through the front door.
13 I have let a lot of things come in but this is
14 important because this is the basis of my motion to suppress.
15 I have been trying to find out for two years who found this
16 driver’s license and where it was found and I still don’t have
17 an answer. That is why I objected to the admission of this
18 document because I still don’t know who found it and I would
19 like to hear who found it.
20 MS. MILLER: We had a full evidentiary hearing on
21 this. There was testimony where it came from. Maybe he wasn’t
22 content with that answer
23 THE COURT: I suggest you bring that witness in.
24 MS. MILLER: Mr. Ballengeri will testify.
25 MR. MENDEZ: He will say he can’t remember where it

RICHARD A. KAUFMAN, CMRR

2073

1 came from.
2 THE COURT: We will hear the testimony but at this
3 juncture, there was not a proper foundation for the
4 introduction of that particular piece of evidence as to where
5 it came from and whether it was in the same condition. He
6 doesn’t even know where it came from or whether it was in the
7 same condition or not when it was found because he doesn’t know
8 where it came from. He can’t now compare an item in evidence
9 with a item not in evidence and give testimony about it. It
10 would be improper.
11 (Open court.)
12 THE COURT: You may proceed.
13 BY MR. KASTRENAKES:
14 Q. 743 is where we were.
15 The date of birth that John Doe Number 3 used to
16 obtain this driver’s license on August 17, 1998 was what, sir?
17 A. September 14, 1965.
18 Q. I would like to turn our attention to the application.
19 Before I do that. Is this the photograph that appears on 744?
20 A. Yes, it is.
21 MR. KASTRENAKES: May I affix this to Exhibit 1A?
22 THE COURT: You may.
23 BY MR. KASTRENAKES:
24 Q. I would like to turn our attention to the application for
25 that driver’s license.

RICHARD A. KAUFMAN, CMRR

2074

1 The name and address, are they the same that is on the
2 driver’s license themselves?
3 A. Yes.
4 Q. The social security number?
5 A. Yes, 240 77 4930, the same as we saw
6 Q. On 8 5A?
7 A. That is correct.
8 Q. At the time that defendant John Doe Number 3 got this
9 license, does it indicate he had an out of state license?
10 A. Yes, it does.
11 Q. That is in the out of state license information?
12 A. That is correct.
13 Q. What out of state license did John Doe Number 3 have on
14 August 17, 1998?
15 A. It would be from the State of North Carolina.
16 Q. What was the day that he got the North Carolina driver’s
17 license?
18 A. November 22, 1994.
19 Q. Does it have a North Carolina driver’s license number?
20 A. Yes, it does.
21 Q. What number is that?
22 A. 5018631.
23 Q. The expiration of the North Carolina driver’s license?
24 A. 9/14/98.
25 Q. Does the State of Florida indicate what happened to the

RICHARD A. KAUFMAN, CMRR

2075

1 North Carolina driver’s license when they issued to defendant
2 John Doe Number 3 his Florida driver’s license?
3 A. Yes, it indicates the North Carolina driver’s license was
4 surrendered.
5 Q. Exhibit 744.
6 MR. KASTRENAKES: The United States would offer
7 Exhibit 744 composite, the records of the State of North
8 Carolina Motor Vehicle records regarding a person by the name
9 of Ruben Campa, a self authenticating document.
10 MR. MENDEZ: No objection.
11 THE COURT: This is 744 composite?
12 MR. KASTRENAKES: Yes.
13 THE COURT: It will be admitted as Government’s
14 Exhibit 744 composite.
15 (A document was received in
16 evidence as Government’s Exhibit 744.)
17 BY MR. KASTRENAKES:
18 Q. Let’s go through it. It indicates the State?
19 A. North Carolina Division of Motor Vehicles.
20 Q. Issued to whom?
21 A. To Ruben Campa.
22 Q. Where did Ruben Campa live according to the State of North
23 Carolina at the time that the first license here was issued?
24 A. 5929 Dalton Road, Fayetteville, North Carolina.
25 Q. The same date of birth as on the Florida license?

RICHARD A. KAUFMAN, CMRR

2076

1 A. 9/14/65, that is correct.
2 Q. North Carolina has an original issue date?
3 A. Yes. It indicates January 19, 1994.
4 Q. Did the State of North Carolina have the same sort of
5 record keeping that Florida does, an original issue date then a
6 duplicate issue date?
7 A. It seems to.
8 Q. Did they have a duplicate issue date, the license that was
9 surrendered?
10 A. It does not seem to be indicated there.
11 Q. I am pointing to another date.
12 A. The issue date indicated there is 11/22/94.
13 Q. Which is different than the original issue date?
14 A. That is correct.
15 Q. You can skip over exactly the other parts of the record.
16 Let’s look at here where I am pointing. Is there indexes on
17 the North Carolina records themselves in evidence that
18 defendant John Doe Number 3 had small traffic citations in
19 North Carolina in 1995?
20 A. Yes. There are a couple of indications there.
21 Q. And the first one is dated what?
22 A. February 21 February 25, I am sorry, of 1995. A stop
23 sign violation.
24 Q. Where?
25 A. In Cumberland County, North Carolina.

RICHARD A. KAUFMAN, CMRR

2077

1 Q. The second one?
2 A. February 4, 1995.
3 Q. And in?
4 A. Wade County, North Carolina.
5 Q. Let’s go to the second page of the official North Carolina
6 records here, if we can. The North Carolina Driver’s License
7 Record has a license number here on the top; do you see that
8 number?
9 A. Yes, I do.
10 Q. Is that the same number that is reflected on the Florida
11 driver’s license application as the license that was
12 surrendered by defendant John Doe Number 3 in August of 1998?
13 A. I believe it was.
14 Q. Do you need to look at that again?
15 A. I would probably need to compare it.
16 Q. I am approaching with 743A already in evidence?
17 A. Yes.
18 BY THE WITNESS:
19 A. That is the identical number.
20 Q. What is the date of the original issue?
21 A. January 19, 1994.
22 Q. When John Doe Number 3 obtained Ruben Campa driver’s
23 license on January 19, 1994, what address did he have in
24 January of 1994 as reflected here?
25 A. It indicates an address of 394 Oak Hill Lane in

RICHARD A. KAUFMAN, CMRR

2078

1 Fayetteville, North Carolina with a zip of 28314.
2 Q. Which is a different address than the duplicate driver’s
3 license address on the other page?
4 A. Yes.
5 Q. There is a signature?
6 A. Yes. A signature of Ruben Campa.
7 Q. I know it is a microfiche copy that has been certified. It
8 is kind of hard to read. What did John Doe Number 3 use to
9 obtain his North Carolina driver’s license on January 19, 1994;
10 can you read these two lines here, what identification he used?
11 A. Perhaps if you back that down a little bit. It is very
12 difficult to read. It indicates a driver’s license
13 Q. You want to see the document itself?
14 A. It might help.
15 There is a notation that is a Mexico license.
16 Q. Out of country?
17 A. Out of country; correct. It is very tough to see.
18 MR. KASTRENAKES: May I publish 744 composite by
19 handing it to the ladies and gentlemen of the jury?
20 THE COURT: You may.
21 BY MR. KASTRENAKES:
22 Q. I would like to move into some other areas of the seizure
23 that occurred on September 12 at that apartment.
24 Did members of your search team seize what I guess I
25 could term commonly as electronic or recording equipment from

RICHARD A. KAUFMAN, CMRR

2079

1 that particular apartment?
2 A. Yes, we did.
3 Q. SAV 2. Do you recognize it?
4 A. Yes.
5 Q. Where did it come from?
6 A. This scanner came from the dresser area, H2. I believe
7 this was the bottom right drawer this came from.
8 Q. The dresser H2 we are talking about is the one with the
9 wallet on top of it?
10 A. It is the one right immediately inside from the corridor.
11 Q. SAV 56L, that dresser?
12 A. That is correct.
13 THE COURT: I couldn’t hear you.
14 BY MR. KASTRENAKES:
15 Q. SAV 56L 1, that dresser?
16 A. Yes.
17 Q. Does it appear to be in the same or substantially the same
18 condition today as when it was recovered from the bottom right
19 drawer on September 12, 1998?
20 A. Yes, it is.
21 MR. KASTRENAKES: We would offer SAV 2.
22 THE COURT: It will be admitted as Government’s
23 Exhibit SAV 2.
24 (A document was received in
25 evidence as Government’s Exhibit SAV 2.)

RICHARD A. KAUFMAN, CMRR

2080

1 MR. KASTRENAKES: May I publish it?
2 THE COURT: You may.
3 BY MR. KASTRENAKES:
4 Q. If the jurors open up SAV 2, what is the equipment that is
5 in there?
6 A. It is a Radio Shack manufactured radio scanner.
7 Q. SAV 4. Do you recognize that?
8 A. Yes, I do. That is a Sony radio also recovered from the H2
9 dresser. I believe this is the upper right hand drawer.
10 Q. Does it appear to be in the same or substantially the same
11 condition today as when it was recovered on September 12?
12 A. Yes, it is.
13 MR. KASTRENAKES: We would offer SAV 4 as the next
14 exhibit in this case.
15 THE COURT: It will be introduced as Government’s
16 Exhibit SAV 4.
17 (A document was received in
18 evidence as Government’s Exhibit SAV 4.)
19 MR. KASTRENAKES: May I publish 4?
20 THE COURT: You may.
21 BY MR. KASTRENAKES:
22 Q. Earlier in your testimony, yesterday afternoon, you
23 referred to a Radio Shack or shortwave radio model 7600?
24 A. Correct.
25 Q. On top of the TV set?

RICHARD A. KAUFMAN, CMRR

2081

1 A. That is correct.
2 Q. That was photographed and the jurors saw it. What is this,
3 SAV 4?
4 A. This is essentially the same unit, same type of unit. It
5 is not that one but it is another 7600 copy.
6 Q. There were two 7600s found at that particular apartment?
7 A. Correct.
8 Q. And they are shortwave radios?
9 A. Yes.
10 Q. This was found where?
11 A. In the H2 dresser top right hand drawer.
12 May I refer to the log if you want that specifically?
13 Q. Sure.
14 A. Yes, it was the top right hand drawer.
15 MR. KASTRENAKES: May I publish SAV 4?
16 THE COURT: You may.
17 BY MR. KASTRENAKES:
18 Q. SAV 15. Do you recognize that?
19 A. Yes, I do.
20 Q. Did that come from Apartment 3G?
21 A. Yes, it did.
22 Q. Where?
23 A. The H2 bureau again, or chest of drawers.
24 Q. Do you recall exactly where?
25 A. I believe it was the center the middle drawer of the

RICHARD A. KAUFMAN, CMRR

2082

1 center line of drawers.
2 Let me check the log again.
3 Q. Please double check.
4 A. I am pretty sure that is where it was.
5 Yes, the very center of the nine drawers.
6 Q. Does it appear to be in the same or substantially the same
7 condition as it was when it was recovered?
8 A. Yes.
9 MR. KASTRENAKES: We offer it as SAV 15.
10 THE COURT: It will be admitted as SAV 15 composite.
11 (A document was received in
12 evidence as Government’s Exhibit SAV 15.)
13 MR. KASTRENAKES: May I publish SAV 15?
14 THE COURT: You may.
15 BY MR. KASTRENAKES:
16 Q. What is it?
17 A. It is manufactured by Realistic. It is also a radio
18 scanner, I believe.
19 Q. I am showing you what has been marked as SAV 42. Would you
20 look in that bag and tell us if you recognize that electronic
21 equipment?
22 A. Yes, I do.
23 Q. Was that recovered from Apartment 3G?
24 A. Yes, it was.
25 Q. Where?

RICHARD A. KAUFMAN, CMRR

2083

1 A. These two units came from I believe closet area B I will
2 double check the log here to be sure of that.
3 Yes, closet B in the hallway area over the top of the
4 bathroom.
5 Q. Let’s go back to SAV 57A in evidence. Are you referring to
6 part of the sketch?
7 A. Yes.
8 Q. The part that indicates what, sir?
9 A. The part that indicates the closet space over the top of
10 the bathroom A area.
11 Q. Labeled as what?
12 A. Labeled as B there.
13 Q. B as in boy?
14 A. That is correct.
15 Q. Is that electronic equipment represented by SAV 42, does it
16 appear to be in the same condition today as it was when it was
17 recovered from Apartment 3G on September 12, 1998?
18 A. Yes, it is.
19 MR. KASTRENAKES: We offer it as SAV 42.
20 THE COURT: It will be admitted as SAV 42.
21 (A document was received in
22 evidence as Government’s Exhibit SAV 42.)
23 BY MR. KASTRENAKES:
24 Q. What is SAV 42?
25 A. There are two radio units here manufactured by the

RICHARD A. KAUFMAN, CMRR

2084

1 Y A E S U Company. They are VHF, UHF radio communicators.
2 MR. KASTRENAKES: May I publish 42?
3 THE COURT: You may.
4 BY MR. KASTRENAKES:
5 Q. SAV 50; do you recognize that as having come from that
6 apartment?
7 A. Yes, I recognize these.
8 Q. From where?
9 A. These were also contained I believe in the H2 dresser.
10 Q. Please double check your log?
11 A. Yes.
12 Q. Okay?
13 A. Yes. It is from the H2 dresser area.
14 Q. Can you tell us if they appear to be in the same or
15 substantially the same condition today as they were when they
16 were initially recovered?
17 A. I don’t recall the back being off and the batteries
18 scattered around.
19 Q. Other than that?
20 A. Other than that they are the same.
21 MR. KASTRENAKES: We would offer SAV 50 composite.
22 THE COURT: It will be admitted as Government’s
23 Exhibit SAV 50 composite.
24 (A document was received in
25 evidence as Government’s Exhibit SAV 50.)

RICHARD A. KAUFMAN, CMRR

2085

1 BY MR. KASTRENAKES:
2 Q. What is SAV 50?
3 A. It is two radios, cassette recorders.
4 MR. KASTRENAKES: May I publish by holding it up, Your
5 Honor?
6 THE COURT: You may.
7 Q. Microcassette and mini cassette recorders?
8 A. Yes. In fact, I believe they did not come from H2, if I
9 could amend that. They came from the overhead area, now that I
10 think about it, of closet F.
11 Q. Did you find it in your log?
12 A. Yes, closet F. Is that the drawing there in front of the
13 jury?
14 Q. It is also in front of you too?
15 A. It is actually behind me. Closet F the second one in on
16 the left from the front door.
17 Q. SAV 1, do you recognize that?
18 A. Yes, I do.
19 Q. Did that come from that same apartment?
20 A. Yes, it did.
21 Q. Where?
22 A. This is from the H2 dresser area, the lower right hand
23 drawer.
24 Q. That is the dresser here we have been speaking about
25 before?

RICHARD A. KAUFMAN, CMRR

2086

1 A. Correct, yes.
2 Q. Does it appear to be in the same or substantially the same
3 condition today?
4 A. Yes, again except for the fact the batteries have been
5 pulled out of the back.
6 MR. KASTRENAKES: We would offer SAV 1 as the next
7 composite exhibit.
8 THE COURT: It will be admitted as SAV 1 composite.
9 (A document was received in
10 evidence as Government’s Exhibit SAV 1.)
11 BY MR. KASTRENAKES:
12 Q. What is it?
13 A. A Panasonic cassette tape player in a large leather case.
14 Q. In the pouch, other than the cassette player, is there
15 other electronic equipment also?
16 A. Yes, there is an antenna unit. Some earphones and an
17 antenna unit and some cable, some sort of cabling.
18 Q. Yesterday afternoon you testified about a shortwave radio
19 that was on top of the TV which had an antenna strung over to
20 the door handle. Is that antenna unit a different antenna unit
21 than that one?
22 A. It is not the same exact one but it is similar to this one.
23 It is a shortwave Sony antenna.
24 Q. If you could hold it up, I don’t know if the jury can see
25 from where you are seated?

RICHARD A. KAUFMAN, CMRR

2087

1 A. This is what we saw not this one, but draped across the
2 draperies.
3 Q. That was all inside that pouch?
4 A. Correct.
5 MR. KASTRENAKES: May I publish SAV 1 to the ladies
6 and gentlemen of the jury?
7 THE COURT: You may.
8 BY MR. KASTRENAKES:
9 Q. You testified as we just discussed, concerning a model 7600
10 shortwave radio that was on top of the TV that was hooked up
11 and photographed as the jury saw yesterday. Did you impound
12 and recover the shortwave radio, the antenna, the ear plugs,
13 and the recorder associated with that?
14 A. Yes.
15 Q. SAV 47 and 46, do you recognize those items of evidence?
16 A. Yes, I do.
17 Q. Are those items that were recovered from the television set
18 area of Apartment 3G on September 12, 1998?
19 A. Yes, they are.
20 MR. KASTRENAKES: The United States moves into
21 evidence SAV 47 composite, and SAV 46.
22 THE COURT: They will be admitted as Government’s
23 Exhibits 46 and SAV 47 composite.
24 (A document was received in
25 evidence as Government’s Exhibit SAV 46 and SAV 47.)

RICHARD A. KAUFMAN, CMRR

2088

1 Q. Let me put on the overhead SAV 56P in evidence. When we
2 say SAV 47, is that this shortwave radio up here I am pointing
3 to on the overhead?
4 A. Yes, it is.
5 MR. KASTRENAKES: May I publish SAV 47?
6 THE COURT: You may.
7 BY MR. KASTRENAKES:
8 Q. SAV 47 is not only the shortwave radio that was handed to
9 the folks in the jury but the antenna?
10 A. The aerial or antenna that was stretched across the balcony
11 window.
12 Q. How about the earphones?
13 A. Yes, the earphone that was there.
14 Q. And the cable that was hooked up from the cassette
15 recorder
16 A. To the shortwave radio, that is correct.
17 Q. As depicted in the photograph?
18 A. That is correct.
19 Q. SAV 46 is what?
20 A. That is the voice activated recorder itself. Also a
21 Realistic product.
22 Q. Is that the one depicted in the photograph as being right
23 here below the television set?
24 A. Yes, it is.
25 MR. KASTRENAKES: May I publish SAV 46, Your Honor?

RICHARD A. KAUFMAN, CMRR

2089

1 THE COURT: You may.
2 MR. KASTRENAKES: I have one other item of electronic
3 equipment then Mr. Blumenfeld has asked
4 THE COURT: We are about to take a break. We will go
5 through that item.
6 BY MR. KASTRENAKES:
7 Q. Let me show you SAV 3. Do you recognize SAV 3?
8 A. Yes, I do.
9 Q. Where was that recovered?
10 A. This was recovered also from the H2 dresser area, the
11 bottom right drawer.
12 Q. Does it appear to be in the same condition today as it was
13 on September 12?
14 A. Yes, it is.
15 MR. KASTRENAKES: We would offer SAV 3 into evidence
16 as the next exhibit.
17 THE COURT: It will be admitted as Government’s
18 Exhibit SAV 3.
19 (A document was received in
20 evidence as Government’s Exhibit SAV 3.)
21 BY MR. KASTRENAKES:
22 Q. What is SAV 3, Special Agent Hall?
23 A. It is a bulk tape eraser used often by law enforcement for
24 demagnetizing tapes for erasing information on cassette tapes,
25 or that sort of tape.

RICHARD A. KAUFMAN, CMRR

2090

1 Q. It is plugged in?
2 A. It is plugged in and it is placed adjacent to or on the
3 tape and it erases them, essentially.
4 Q. If you are using a lot of tapes you need to have them
5 erased quickly?
6 A. That is right. This would be for rather large quantities.
7 MR. KASTRENAKES: We would ask to publish SAV 3.
8 THE COURT: We will take a break and you can publish
9 it when you come back.
10 THE COURT: Ladies and gentlemen, we are taking a
11 break at this time. If you were examining evidence, you can
12 leave it on your chair.
13 Do not discuss this case amongst yourselves or anyone
14 else. Have no contact with anyone whatsoever associated with
15 the trial. Do not read or listen to anything touching on this
16 matter in any way. If anybody attempts to talk to you, tell
17 them you are a juror and let my staff know about it. Be back
18 in the jury room in fifteen minutes.
19 (Jury leaves room.)
20 THE COURT: We will be in recess for 15 minutes.
21 (Thereupon a recess was taken, after which the
22 following proceedings were had.)
23 (Open court. Jury not present.)
24 THE COURT: United States of America versus Gerardo
25 Hernandez, et al. Case Number 98 721.

RICHARD A. KAUFMAN, CMRR

2091

1 Would counsel state their appearances.
2 (All parties present.)
3 THE COURT: The interpreters are also present.
4 Bring in the jury.
5 (Jury present.)
6 THE COURT: You are still under oath, sir.
7 Thereupon
8
9 JOSEPH HALL,
10 called as a witness herein, having been previously duly sworn,
11 was examined and testified further as follows:
12 THE COURT: You may proceed.
13 MR. KASTRENAKES: When we broke we introduced SAV 3.
14 May I publish it to the jury.
15 THE COURT: You may.
16 BY MR. KASTRENAKES:
17 Q. Special Agent Hall, at Apartment 3G on September 12, 1998,
18 did the FBI recover computer and computer related equipment?
19 A. Yes, we did.
20 Q. I am showing you Exhibit SAV 49, do you recognize it?
21 A. Yes, I do.
22 Q. Was it recovered from Apartment 3G?
23 A. Yes, was.
24 Q. Where?
25 A. This is an C multi speed laptop from the storage area, we

RICHARD A. KAUFMAN, CMRR

2092

1 call storage area B, the closet labeled B on the schematic
2 there.
3 Q. The overhead closet B?
4 A. Yes. That is the area indicated right inside the door on
5 top of bathroom A.
6 Q. Does it appear to be in the same or substantially the same
7 condition today as it was when it was recovered from overhead
8 closet B?
9 A. Yes.
10 MR. KASTRENAKES: We would move into evidence SAV 49.
11 THE COURT: It will be admitted as SAV 49.
12 (A document was received in
13 evidence as Government’s Exhibit SAV 49.)
14 BY MR. KASTRENAKES:
15 Q. What is SAV 49?
16 A. It is an NEC Multi speed computer. I don’t know to which
17 else about it other than that.
18 MR. KASTRENAKES: May I publish.
19 THE COURT: You may.
20 BY MR. KASTRENAKES:
21 Q. I am showing you now SAV 51; do you recognize that,
22 Mr. Hall?
23 A. Yes, I do.
24 Q. Was that recovered from within that apartment?
25 A. Yes, it was from the apartment also from storage area or

RICHARD A. KAUFMAN, CMRR

2093

1 closet B.
2 Q. The same place as the NEC computer?
3 A. The same place as the computer.
4 Q. Does it appear to be in the same condition today as when it
5 was recovered?
6 A. Yes, it does.
7 MR. KASTRENAKES: The government would move into
8 evidence SAV 51.
9 THE COURT: It will be admitted as Government’s
10 Exhibits SAV 51.
11 (A document was received in
12 evidence as Government’s Exhibit SAV 51.)
13 BY MR. KASTRENAKES:
14 Q. Is SAV 51 commonly called an external modem?
15 A. Yes, manufacturede by Star Corporation.
16 MR. KASTRENAKES: May I publish it?
17 THE COURT: You may.
18 BY MR. KASTRENAKES:
19 Q. On table H3 on your sketch, there was photographed a Compaq
20 computer. Was that impounded?
21 A. Yes, it was.
22 Q. Do you recognize SAV 48?
23 A. Yes, I do.
24 Q. Where was that recovered?
25 A. That was recovered from the top of that table area labeled

RICHARD A. KAUFMAN, CMRR

2094

1 H3 on the schematic.
2 Q. I have on the overhead now a picture that is in evidence,
3 SAV 56N. Is that the computer, the Compaq 4100?
4 A. Yes, it is.
5 Q. Is SAV 48 that you have in front of you the same or
6 substantially the same condition as it was when it was
7 recovered from H3 as depicted in the photograph on the
8 overhead?
9 A. Yes, it is.
10 MR. KASTRENAKES: Your Honor, we would move into
11 evidence as the next exhibit SAV 48.
12 THE COURT: It will be admitted as Government’s
13 Exhibit SAV 48.
14 (A document was received in
15 evidence as Government’s Exhibit SAV 48.)
16 MR. KASTRENAKES: May I publish?
17 THE COURT: You may.
18 BY MR. KASTRENAKES:
19 Q. I would like to go to some items recovered inside of H2,
20 the drawers of the dresser.
21 Do you recognize that business card, SAV 5, sir?
22 A. Yes, I do.
23 Q. Was that recovered from the apartment?
24 A. Yes, it was.
25 Q. Where exactly in H2 or the dresser?

RICHARD A. KAUFMAN, CMRR

2095

1 A. I believe this was the top right hand drawer of the
2 dresser. Let me refer to my log. Yes, the top right hand
3 drawer.
4 Q. Does that business card appear to be in the same condition
5 today as it was when it was recovered on September 12?
6 A. Yes, it is.
7 MR. KASTRENAKES: We would offer SAV 5.
8 MR. MENDEZ: No objection.
9 THE COURT: It will be admitted as SAV 5.
10 (A document was received in
11 evidence as Government’s Exhibit SAV 5.)
12 MR. KASTRENAKES: May I publish?
13 THE COURT: You may.
14 BY MR. KASTRENAKES:
15 Q. Whose business card is it?
16 A. The name of Ruben Campa appears on it with a firm Quality
17 Desk Top Publishing with a post office box 25130 in
18 Fayetteville, North Carolina.
19 Q. With a zip?
20 A. 28314. The phone number is 910 867 7161.
21 Q. In the top right drawer, did you also find some other
22 identification for defendant John Doe Number 3?
23 A. Yes.
24 Q. Would you look at SAV 7 and tell us if you recognize those
25 documents as having come from Apartment 3G on September 12,

RICHARD A. KAUFMAN, CMRR

2096

1 1998?
2 A. Yes, they did.
3 Q. Do they appear to be in the same condition or substantially
4 the same condition as when you recovered them?
5 A. Yes, they do.
6 MR. KASTRENAKES: The government would offer exhibit
7 SAV 7 composite.
8 THE COURT: No objection.
9 THE COURT: It will be admitted at Government’s
10 Exhibits SAV 7 composite.
11 (A document was received in
12 evidence as Government’s Exhibit SAV 7.)
13 MR. KASTRENAKES: May I publish it, Your Honor?
14 THE COURT: You may.
15 BY MR. KASTRENAKES:
16 Q. Can you tell us what the first card is?
17 A. It is a Cumberland County Public Library card from
18 Fayetteville, North Carolina.
19 Q. On the back of the card is a signature of whom?
20 A. Ruben Campa. This is apparently a membership card in the
21 Sports Center non prime time, with a photograph.
22 Q. Do you recognize the person that is depicted in the
23 photograph of this membership card?
24 A. Yes, John Doe Number 3 and the address of the sports center
25 is in Fayetteville, North Carolina.

RICHARD A. KAUFMAN, CMRR

2097

1 Q. And on the back we have what?
2 A. The signature of Ruben Campa and the renewal date of March,
3 I guess, of 1997.
4 Q. And a member number?
5 A. A member number; correct.
6 Q. Finally, a card with the photograph stapled to it?
7 A. Correct.
8 Q. Do you recognize the person depicted in this black and
9 white photograph?
10 A. Yes. It appears to be a rather young John Doe Number 3.
11 Q. And on the back of this card, it tells us what kind of card
12 it is, it is a Department of Public Instruction Public Library
13 card apparently from Puerto Rico?
14 Q. Whose name?
15 A. The name of Ruben Campa.
16 Q. Signed at the bottom?
17 A. Signed at the bottom by Ruben Campa.
18 Q. Please keep your voice up.
19 The same top right drawer of H2, did you recover a
20 marriage certificate?
21 A. Yes.
22 Q. I am showing you what we have marked as SAV 6. Do you
23 recognize that, as having come from the Apartment 3G on
24 September 12, 1998?
25 A. Yes.

RICHARD A. KAUFMAN, CMRR

2098

1 Q. Does it appear to be in the same or substantially the same
2 condition as it was when it was recovered on that date?
3 A. Yes.
4 MR. KASTRENAKES: The government moves into evidence
5 SAV 6.
6 THE COURT: It will be admitted as SAV 6.
7 (A document was received in
8 evidence as Government’s Exhibit SAV 6.)
9 Q. I realize the marriage certificate is in the Spanish
10 language but I wonder if you could publish a few things out of
11 it. If you could publish the name of the individual right here?
12 A. Yes. It says Ruben Campa Macia M A C I A.
13 Q. Who is Ruben Campa Macia getting married to according to
14 this birth certificate?
15 A. According to this Maria Blanco Beltran.
16 Q. From what country is this marriage certificate?
17 A. Mexico.
18 Q. How are you at reading dates in Spanish?
19 A. We can try.
20 Q. Can you read the date here at the bottom?
21 A. I can’t quite see the month. December.
22 Q. And the year?
23 A. 1985, I believe.
24 Q. In the bottom drawer of the same dresser, did you recover a
25 card from the Silver Sand Hotel?

RICHARD A. KAUFMAN, CMRR

2099

1 A. Yes.
2 Q. Earlier in your testimony you described a writing of a
3 Silver Sand Motel that was written on the back of a card found
4 in John Doe Number 3’s wallet.
5 A. That is correct.
6 Q. I would like to show you SAV 11. Is that a business card
7 found in the bottom drawer of the dresser?
8 A. Yes.
9 Q. Is it in the same condition as it was on the date it was
10 recovered?
11 A. Yes.
12 MR. KASTRENAKES: We move into evidence SAV 11.
13 THE COURT: It will be admitted as Government’s
14 Exhibits SAV 11.
15 (A document was received in
16 evidence as Government’s Exhibit SAV 11.)
17 THE COURT: You may publish.
18 BY MR. KASTRENAKES:
19 Q. Tell us where the Silver Sand Motel is located?
20 A. Ventura, California, 3215 East Main Street with a zip of
21 93003.
22 Q. A telephone and a fax number?
23 A. Yes.
24 Q. In the same dresser H2, did the FBI recover numerous
25 documents that would be related to research and related

RICHARD A. KAUFMAN, CMRR

2100

1 documents regarding deaths and obituaries?
2 A. Yes, that is correct.
3 Q. Could you look through SAV 9, the documents for
4 identification and tell us if you recall them having come from
5 Apartment 3G?
6 A. Yes, these did come from there.
7 Q. Where did they come from in that dresser?
8 A. The bottom center drawer.
9 Q. Do those documents appear to be in the same or
10 substantially the same condition as when they were recovered
11 from the bottom center dresser drawer on September 12, 1998.
12 Yes, they do.
13 MR. KASTRENAKES: The government moves into evidence
14 SAV 9 composites.
15 THE COURT: It will be admitted as SAV 9 composite.
16 (A document was received in
17 evidence as Government’s Exhibit SAV 9.)
18 BY MR. KASTRENAKES:
19 Q. If you could while you have them there in your hands,
20 approximately are those all death certificates?
21 A. They appear all to be death certificates.
22 Q. Approximately how many do you have in your hand?
23 A. About 30 or 32.
24 Q. Is there a business card that was found with the death
25 certificates?

RICHARD A. KAUFMAN, CMRR

2101

1 A. Yes, there is.
2 Q. Whose business card is that?
3 A. The County Clerk/Recorder Lana B. Smith of Yuba City,
4 California.
5 Q. If you could look through the death certificates. Are they
6 all from the State of California?
7 A. Yes, they are.
8 Q. Different locations within that State?
9 A. Yes, they are.
10 Q. Other than the preprinted material on each death
11 certificate, does there appear to be a handwritten notation?
12 A. Yes, there is.
13 Q. On each one?
14 A. Yes.
15 Q. What type of notation is on each individual death
16 certificate in handwriting?
17 A. There is a number with a pound sign in front of it. Some
18 have also apparently an SD notation and the rest of them are
19 just numbers. One has an X on it. Several of them have Xes; I
20 am sorry.
21 Q. Thank you.
22 Is there an issue date, the person requesting the
23 death certificate received the death certificate much like the
24 other documents we talked about.
25 A. Correct, there is.

RICHARD A. KAUFMAN, CMRR

2102

1 Q. If you could look through them and tell us the month and
2 year without publishing each date, that all of these things
3 were issued, all these death certificates?
4 A. All of them are August of 1998. Apparently late in the
5 month.
6 MR. KASTRENAKES: Your Honor, may I publish SAV 9 by
7 handing it to the jury?
8 THE COURT: You may.
9 The exhibit on the screen comes from what exhibit?
10 MR. KASTRENAKES: The same exhibit, Your Honor. The
11 business card that was associated with that exhibit that was
12 just testified about.
13 BY MR. KASTRENAKES:
14 Q. In the same dresser drawer that the Federal Bureau of
15 Investigation recovered those 30 odd death certificates from
16 California, was there recovered also newspaper obituaries?
17 A. Yes, there were.
18 Q. If you could look at SAV 10 composite. Do you recognize
19 those newspaper clippings and handwritten chart as part of that
20 exhibit as coming from Apartment 3G?
21 A. Yes, I do.
22 Q. Did they come from the same place as the death certificates
23 in the dresser?
24 A. Yes, they did.
25 Q. Do they appear to be in the same or substantially the same

RICHARD A. KAUFMAN, CMRR

2103

1 condition today as they did when they were recovered by the FBI
2 on September 12, 1998?
3 A. Yes, they do.
4 MR. KASTRENAKES: We would offer into evidence SAV 10
5 composite.
6 THE COURT: It will be admitted as Government’s
7 Exhibit SAV 10 composite.
8 (A document was received in
9 evidence as Government’s Exhibit SAV 10.)
10 BY MR. KASTRENAKES:
11 Q. Regarding the newspaper part of that composite exhibit,
12 what do they all appear to be?
13 A. They are all obituaries.
14 Q. On the printed part, is there anything handwritten much
15 like the death certificates themselves?
16 A. There are numerical indicators there, 35, 37, 32, for
17 example, with asterisks.
18 Q. The other document that is not a newspaper clipping that
19 was found with those newspaper clippings?
20 A. The handwritten one.
21 Q. Is that in English or in Spanish?
22 A. This is English.
23 Q. What does that appear to be, sir?
24 A. It is a long list let’s see. It is cities. It is names
25 of individuals in the first column with numbers. Then there

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2104

1 are some dates in another column, then locations of cities all
2 over the place, many in California but also Nevada, Utah,
3 Louisiana.
4 Q. As a part of this investigation, were you asked to do any
5 work comparing SAV 9 with SAV 10 with the chart or did somebody
6 else do that?
7 A. It was not me.
8 MR. KASTRENAKES: May I have permission to publish SAV
9 10 at this time?
10 THE COURT: You may.
11 BY MR. KASTRENAKES:
12 Q. In the overhead closet C, did the FBI also locate more
13 documentation and research regarding births and deaths of
14 individuals?
15 A. Yes, we did.
16 Q. Showing you what has been marked SAV 43 composite; do you
17 recognize that?
18 A. Yes, I do.
19 Q. Did that come from Apartment 3G?
20 A. Yes.
21 Q. From where?
22 A. From the overhead compartment C.
23 Q. Does it appear to be in the same or substantially the same
24 condition today as when it was recovered on September 12, 1998?
25 A. Yes, it is. I believe it was in a binder at the time. I

RICHARD A. KAUFMAN, CMRR

2105

1 don’t recall that exactly, but it is a looseleaf that would
2 have fit in a binder.
3 Q. Other than being removed from a binder in overhead closet
4 C, does it appear to be in the same condition?
5 A. Yes, it is.
6 MR. KASTRENAKES: We would move in SAV 43.
7 THE COURT: It will be admitted as Government’s
8 Exhibit SAV 43.
9 (A document was received in
10 evidence as Government’s Exhibit SAV 43.)
11 MR. KASTRENAKES: It is a composite exhibit.
12 BY MR. KASTRENAKES:
13 Q. Is SAV 43 composite in the English or Spanish language?
14 A. Well, it is very sketchy. There are a lot of
15 abbreviations. A lot of it seems to be English notations,
16 family names, cities.
17 It seems to be a list of sources or resources for
18 family history work or something.
19 Q. Much like SAV 9 and 10, were you asked to work with SAV 43
20 in this case or was that given to somebody else to do?
21 A. I had nothing to do with that.
22 Q. I won’t ask any more questions about that with you.
23 MR. KASTRENAKES: May I publish SAV 43 to the jurors?
24 THE COURT: You may.
25 BY MR. KASTRENAKES:

RICHARD A. KAUFMAN, CMRR

2106

1 Q. Going back to the dresser drawers, did the FBI recover
2 numerous bus schedules and routes and library maps and all
3 sorts of those things?
4 A. Yes, we did.
5 Q. Do you recognize those composite exhibits as having come
6 from Apartment 3G, SAV 13 and 14?
7 A. Yes.
8 Q. Where did they come from?
9 A. In the H2 dresser also. The left center drawer, I believe.
10 Yes, the left center drawer.
11 Q. The documents contained in SAV 13 and 14 appear to be in
12 the same condition or substantially the same condition as when
13 they were recovered on September 12, 1998?
14 A. Yes, they do.
15 MR. KASTRENAKES: We move into evidence SAV 13
16 composites and SAV 14 composite. They will be admitted into
17 evidence as SAV 13 and 14 composites.
18 (A document was received in
19 evidence as Government’s Exhibit SAV 13 and SAV 14.)
20 BY MR. KASTRENAKES:
21 Q. What are they comprised of, start with 13?
22 A. SAV 13 is basically bus schedules for Dade County. I don’t
23 see any duplicates just looking through it quickly. It looks
24 like virtually every route is represented here.
25 Q. How many different bus schedule routes are in SAV 13,

RICHARD A. KAUFMAN, CMRR

2107

1 approximately?
2 A. There is probably 30 or more here.
3 Q. And also, are there any from Broward County?
4 A. I don’t believe in this I think Broward’s
5 are located in 14.
6 Q. Look through 13 and double check to be sure it is just Dade
7 County.
8 A. It is all Miami Dade County.
9 Q. SAV 14 is what?
10 A. It seems to be similar timetables or bus schedules for
11 Broward County routes.
12 MR. KASTRENAKES: May I publish SAV 13 and SAV 14 to
13 the members of the jury?
14 THE COURT: You may.
15 BY THE WITNESS:
16 A. There is also a Fort Lauderdale street map.
17 BY MR. KASTRENAKES:
18 Q. In Apartment 3G, did you locate travel related documents,
19 tickets, customs information, things of that nature?
20 A. Yes, that is correct.
21 Q. Do you recognize SAV 26 composite as those tickets having
22 come from Apartment 3G?
23 A. Yes, they did.
24 Q. Where were they recovered?
25 A. From the top right drawer of H2 as well.

RICHARD A. KAUFMAN, CMRR

2108

1 Q. Do the tickets, the ticket related information such as a
2 boarding pass, whatever, appear to be in the same condition
3 today as they were when they were recovered by the FBI on
4 September 12, 1998?
5 A. Yes, they are.
6 MR. KASTRENAKES: The government moves into evidence
7 SAV 26 composite.
8 MR. MENDEZ: No objection.
9 THE COURT: It will be admitted at SAV 26 composite.
10 (A document was received in
11 evidence as Government’s Exhibit SAV 26.)
12 MR. KASTRENAKES: May I publish?
13 THE COURT: You may.
14 BY MR. KASTRENAKES:
15 Q. I would like to go through parts of this ticket if we can,
16 Mr. Hall. Let’s look at the boarding card first.
17 Whose name is the boarding card or boarding pass in?
18 A. In the name of Ruben Campa.
19 Q. It is a flight from where to where?
20 A. Mexico City to Houston.
21 Q. And the date of that flight?
22 A. July 4.
23 Q. And the airlines is?
24 A. Continental Airlines.
25 Q. When you look through the Continental Airlines ticket, do

RICHARD A. KAUFMAN, CMRR

2109

1 you notice whether was it a round trip fair?
2 A. I believe it was.
3 Q. Do you need to see the ticket again?
4 A. Yes.
5 Yes, it is.
6 Q. The first part of the travel is from, as you already told
7 us, from Mexico City to Houston on July 4?
8 A. That is correct.
9 Q. And the second is Houston to Fort Lauderdale on the same
10 date?
11 A. Correct.
12 Q. July 4?
13 A. Correct.
14 Q. The return flight from Fort Lauderdale to Houston on
15 September 2 and from Houston to Mexico City on September 2;
16 were those tickets still within the folder? In other words,
17 had not been used?
18 A. Yes.
19 Q. Of course this is in the name of?
20 A. Ruben Campa.
21 Q. Let’s go to the next page of the itinerary information
22 which is the unused ticket part here. This would be the return
23 flight that was not used. You just told us there was a return?
24 A. Yes.
25 Q. You testified it is in the name of Ruben Campa?

RICHARD A. KAUFMAN, CMRR

2110

1 A. Correct.
2 Q. And the return flight which was supposed to have been taken
3 on September 2, what is the date of issue of the ticket, if you
4 can look under date of issue here?
5 A. July 2, 1998.
6 Q. Place of issue is where?
7 A. Mexico City.
8 Q. Other than the 1998 ticket information here as part of this
9 exhibit, was there also some 1993 travel information on the
10 same ticket, on the same exhibit, rather?
11 A. The same exhibit, I believe there was.
12 Q. A different ticket?
13 A. Yes.
14 Q. The name of the passenger?
15 A. Ruben Campa.
16 Q. From Mexico City?
17 A. Yes to Houston.
18 Q. The date of travel?
19 A. March 20th, 1993.
20 Q. Did you find a customs declaration in Apartment 3G which
21 supported the ticket, in other words, that Ruben Campa traveled
22 on July 4, 1998 from a place outside the United States into the
23 United States?
24 A. Yes.
25 Q. SAV 38. Do you recognize it?

RICHARD A. KAUFMAN, CMRR

2111

1 A. Yes, I do.
2 Q. Was that found in Apartment 3G?
3 A. Yes, it was.
4 Q. Where was it found?
5 A. On the top of H2, the dresser again.
6 Q. Does it appear to be in the same condition or substantially
7 the same condition today as when it was found on September 12,
8 1998?
9 A. Yes, it is.
10 MR. KASTRENAKES: The government moves into evidence
11 SAV 38 and the blow up of the customs declaration SAV 38A.
12 MR. MENDEZ: No objection.
13 THE COURT: They will be introduced into evidence as
14 SAV 38 and SAV 38A.
15 (A document was received in
16 evidence as Government’s Exhibit SAV 38 and SAV 38A.)
17 MR. KASTRENAKES: May I publish to the jurors as I
18 discuss SAV 38 with the witness, SAV 26, a portion of which
19 covers this same flight.
20 THE COURT: You may.
21 BY MR. KASTRENAKES:
22 Q. I am publishing the customs declaration 38.
23 MR. KASTRENAKES: May I publish that?
24 THE COURT: Yes.
25 BY MR. KASTRENAKES:

RICHARD A. KAUFMAN, CMRR

2112

1 Q. Mr. Hall, who filled out the customs declaration?
2 A. It is made out in the name of Ruben Campa.
3 Q. With a date of birth of April 9, 1965?
4 Q. If you could look at number 4 closely.
5 A. September 14, 1965.
6 Q. When you come from a Latin American country the day is put
7 first then the month.
8 It is what?
9 A. September 14, 1965.
10 Q. What is the date of travel? If you could look at the
11 bottom where it is signed?
12 A. July 4, 1998.
13 Q. It is backwards, first the day then the month then the
14 year?
15 A. I think that is the way it is.
16 Q. Who signed that?
17 A. In the name of Ruben Campa.
18 Q. On July 4, 1998, what address did Ruben Campa give as his
19 address to the United States Government in filling out this
20 customs declaration?
21 A. On this slip it is 5929 Dalton Road, Fayetteville, North
22 Carolina, zip 28314.
23 Q. Do you recall your testimony concerning the date John Doe
24 Number 3 got his driver’s license?
25 A. I don’t recall specifically, no. It was right before the

RICHARD A. KAUFMAN, CMRR

2113

1 search, I believe.
2 Q. It would have been just after July 4, 1998?
3 A. Yes. I think it was in August.
4 MR. KASTRENAKES: May I publish the customs
5 declaration?
6 THE COURT: You may.
7 MR. KASTRENAKES: I believe I can finish in the next
8 five or fifteen minutes.
9 THE COURT: I will give you five.
10 BY MR. KASTRENAKES:
11 Q. Do you recognize SAV 63?
12 A. Yes, I do.
13 Q. Where was SAV 63 found inside Apartment 3G?
14 A. It was found in the overhead compartment C, which was the
15 one over the kitchen area nearest to the center of the
16 apartment.
17 Q. What was inside SAV 63?
18 A. Photographs. A large number of photographs.
19 Q. Who did you turn that over to to go through to pick out any
20 relevant photographs in connection with this case?
21 A. Special Agent Orihuela.
22 MR. KASTRENAKES: The government will not be offering
23 SAV 63 into evidence. We will be offering parts of that in
24 later through another witness.
25 BY MR. KASTRENAKES:

RICHARD A. KAUFMAN, CMRR

2114

1 Q. On top of the dresser H2, did you recover a photograph and
2 a key?
3 A. Yes, we did.
4 Q. SAV 37 and SAV 39, do you recognize those as having come
5 from Apartment 3G?
6 A. Yes, I do.
7 Q. Where do they come from?
8 A. These came from the top of the dresser H2.
9 Q. Does each exhibit appear to be in the same or substantially
10 the same condition today as when they were found on September
11 12, 1998?
12 A. Yes, they do.
13 MR. KASTRENAKES: We would seek to move into evidence
14 SAV 37 and SAV 39.
15 THE COURT: They will be admitted as Government’s
16 Exhibits SAV 37 and SAV 39.
17 (A document was received in
18 evidence as Government’s Exhibit SAV 37 and SAV 39.)
19 MR. KASTRENAKES: May I publish them?
20 THE COURT: You may.
21 MR. KASTRENAKES: I will publish first SAV 37.
22 BY MR. KASTRENAKES:
23 Q. This photograph was recovered where, on top of the dresser?
24 A. Correct.
25 Q. Do you recognize the males depicted in the photograph?

RICHARD A. KAUFMAN, CMRR

2115

1 A. Yes. John Doe 2 and John Doe 3.
2 Q. This key which has been introduced as SAV 39, was there a
3 green Post it that was attached to the key when it was
4 recovered?
5 A. Yes.
6 Q. It has now fallen off?
7 A. Yes.
8 Q. If you could publish by reading what was on the green piece
9 of paper?
10 A. Yes. It says G, the letter G.
11 Q. Is there parts of that that was crossed out or scribbled
12 out?
13 A. Yes, there is.
14 Q. If you hold that up to a light, can you see what was
15 written underneath there that was scribbled out by somebody?
16 A. Yes. It is Giro, I believe, G I R O.
17 Q. Were you asked to do any follow up work with these keys to
18 see if they fit any particular locks or locations?
19 A. No, I was not.
20 MR. KASTRENAKES: Your Honor, I looked over my notes.
21 I have about fifteen more minutes.
22 THE COURT: We will end now.
23 Ladies and gentlemen we will break for the day at this
24 time. Do not discuss this case either amongst yourselves or
25 with anyone else. Have no contact do you want a few moments

RICHARD A. KAUFMAN, CMRR

2116

1 to look at the evidence before you leave or do you want to look
2 at it tomorrow? Tomorrow.
3 I will have them collect the exhibits and give them
4 back to you tomorrow.
5 Do not discuss this case either amongst yourselves or
6 anyone else. Do not have any contact with anyone associated
7 with the trial. Do not read or listen to anything touching on
8 this matter in any way. If anyone should try and talk to you
9 about this case, you must tell them you are serving on the jury
10 and they must stop and you should immediately report it to my
11 staff.
12 If you would, give your notebooks back to Larry and if
13 you would, the exhibits that you are still examining, if you
14 would pass them to the jurors in the front row and I will make
15 sure Mr. Kastrenakes takes them and has them back to you
16 tomorrow.
17 MR. KASTRENAKES: The ones on the rail?
18 THE COURT: I assume they are finished with them.
19 All the exhibits now on the rail are the ones you want
20 to see tomorrow.
21 Just try to remember what you were looking at
22 tomorrow.
23 Have a nice afternoon and evening, we will see you
24 tomorrow morning at 8:45.
25 (Jury leaves room.)

RICHARD A. KAUFMAN, CMRR

2117

1 MR. BLUMENFELD: Your Honor, tomorrow you scheduled a
2 hearing at 4 o’clock. I have a doctor’s appointment at that
3 time. I talked to Mr. Norris to cover for me and I discussed
4 my position with him and my client. My client agrees to have
5 Mr. Norris cover for me.
6 Mr. Guerrero, you heard me state that Mr. Norris will
7 stand in for me tomorrow; is that acceptable to you?
8 THE DEFENDANT: Yes.
9 MR. McKENNA: May we approach just with defense
10 counsel with regard to a CJA matter?
11 THE COURT: Any objection to the government being
12 excused?
13 MR. McKENNA: No.
14 (Side bar.)
15 MR. McKENNA: I filed a sealed ex parte motion for
16 appointment of someone to help me with some legal research in
17 this case.
18 THE COURT: When?
19 MR. McKENNA: I filed it on Friday and I asked Lisa
20 whether or not you received it. She said she hadn’t received
21 it. I will bring an extra copy tomorrow.
22 THE COURT: I haven’t seen it.
23 MR. McKENNA: We are in a situation in this case where
24 I will need somebody to help me. The person I had in mind was
25 Randy Golder. She is looking into some matters regarding the

RICHARD A. KAUFMAN, CMRR

2118

1 media. Can you give me a heads up whether it may be granted so
2 I could have her assist me?
3 THE COURT: I have to look and see what the provisions
4 for it are. If there are provisions for it in the Criminal
5 Justice Act are there?
6 MR. McKENNA: There are.
7 THE COURT: What are you requesting?
8 MR. McKENNA: She be paid at $50 an hour and I think I
9 did put in there what we thought the worst of it would be, but
10 I can’t remember the total expenditure. It will be limited.
11 It will only be used when I absolutely have to have it.
12 THE COURT: Can you get a copy of the motion to my
13 office this afternoon?
14 MR. McKENNA: Can I fax it?
15 THE COURT: Yes.
16 THE COURT: I will look at it and I will make a
17 decision and call your office.
18 MR. McKENNA: I won’t over use it. I will use it for
19 certain things I can’t do.
20 MR. BLUMENFELD: The delay in stuff getting up to you
21 from downstairs
22 THE COURT: I don’t know, I will have to look into it.
23 This is the second or third time it has happened in this case
24 within the last couple of weeks and I am concerned. I will
25 check on that.

RICHARD A. KAUFMAN, CMRR

2119

1 MR. BLUMENFELD: Mr. Norris and Mr. McKenna and I will
2 have a travel request to see expert witnesses. When we file
3 downstairs, can we bring a courtesy copy for you?
4 THE COURT: That is fine.
5 (Open court.)
6 THE COURT: We are in recess until tomorrow morning at
7 8:45. Have a nice afternoon and evening.
8 o0o
9
10 I certify that the foregoing is a correct
11 transcript from the record of proceedings
12 in the above entitled matter.
13
14
15 ______ _______________________
16 Date Official Court Reporter
17
18
19
20
21
22
23
24
25

RICHARD A. KAUFMAN, CMRR

2131

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

UNITED STATES OF AMERICA, ) Docket No.
) 98 721 CR LENARD
Plaintiff, )
) Miami, Florida
v. ) December 14, 2000
)
GERARDO HERNANDEZ, )
a/k/a MANUEL VIRAMONTEZ, ET AL., )
)
Defendants. )
)
x
VOLUME 12

TRANSCRIPT OF TRIAL
BEFORE THE HONORABLE JOAN A. LENARD
and a Jury

APPEARANCES:

For the Government: CAROLINE HECK MILLER, ESQ.
JOHN KASTRENAKES, ESQ.
DAVID BUCKNER, ESQ.

For the defendant Hernandez: PAUL McKENNA, ESQ.

For the defendant Medina, III: WILLIAM NORRIS, ESQ.

For the defendant Gonzalez: PHILIP HOROWITZ, ESQ.

For the defendant Guerrero: JACK BLUMENFELD, ESQ.

For the defendant Campa: JOAQUIN MENDEZ, Esq.

Court Reporter: Richard A. Kaufman, C.M.R.R.

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I N D E X

Direct Cross Red. Rec.

WITNESSES FOR THE GOVERNMENT:

JOSEPH HALL 2134 2134, 2156 2163, 2165
2166

ALEJANDRO GARCIA 2167 2186 2221
ANGEL BERLINGERI 2192 2216 2221
JAMES HARRIS 2222 2250 2259

WITNESSES FOR THE DEFENDANTS:

EXHIBITS

GOVERNMENT IN EVID.

Government’s Exhibit SAV 12…………… 2134:22
Government’s Exhibit SAV 40 and 40A……. 2136:18
Government’s Exhibit SAV 41…………… 2138:13
Government’s Exhibit SAV 45…………… 2140:16
Government’s Exhibit SAV 8……………. 2142:12
Government’s Exhibit SAV 33…………… 2170:15
Government’s Exhibit SAV 34…………… 2175:22
Government’s Exhibit SAV 35…………… 2179:12
Government’s Exhibit SAV 36 and 36A D….. 2183:19
Government’s Exhibit 8 4……………… 2197:17
Government’s Exhibit 8 4A…………….. 2197:23
Government’s Exhibit 741……………… 2199:20
Government’s Exhibit 741A…………….. 2201:16

Government’s Exhibit 850……………… 2224:17
Government’s Exhibit 716……………… 2225:10
Government’s Exhibit 851……………… 2226:12
Government’s Exhibit SLBC 101…………. 2227:11
Government’s Exhibit SLKW 106…………. 2229:3
Government’s Exhibit 105A K, 105A1 K1….. 2229:20
Government’s Exhibit SLKW 101…………. 2230:22
Government’s Exhibit SLKW 102…………. 2232:12
Government’s Exhibit SLKW 103…………. 2234:16
Government’s Exhibit SLKW 104…………. 2235:23

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EXHIBITS (Continued.)

Government’s Exhibit SLBP 107…………. 2238:11
Government’s Exhibit SLBP 106A H,
106A1 H1……………………………. 2239:13
Government’s Exhibit SLBP 101…………. 2240:20
Government’s Exhibit SLBP 102…………. 2241:22
Government’s Exhibit SLBP 103…………. 2243:6
Government’s Exhibit SLBP 104…………. 2245:20
Government’s Exhibit SLBP 105…………. 2247:17
Government’s Exhibit SLBP 108…………. 2248:20
Government’s Exhibits aforementioned…… 2263:24

DEFENDANT’S

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2134

1 (Open court. Jury not present.)
2 THE COURT: United States of America versus Gerardo
3 Hernandez, et al. Case Number 98 721.
4 Would counsel state their appearances.
5 (All parties present.)
6 THE COURT: The interpreters are also present. All
7 the jurors are now here.
8 Let’s proceed.
9 (Jury present.)
10 THE COURT: Mr. Kastrenakes, you can hand the exhibits
11 back to the jurors that they were looking at yesterday.
12 MR. KASTRENAKES: I will do that.
13 THE COURT: If you leave them there, they will sort
14 them out. I have confidence in them.
15 You may put your witness on the stand, please.
16 Thereupon
17
18 JOSEPH HALL,
19 called as a witness herein, having been previously duly sworn,
20 was examined and testified further as follows:
21 THE COURT: You may proceed, sir.
22 DIRECT EXAMINATION
23 BY MR. KASTRENAKES: (Continuing.)
24 Q. We broke off almost at the end of your direct examination.
25 I will like to draw your attention to certain areas with

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1 respect to Apartment 3G at 1776 Polk Street Hollywood, Florida
2 September 12, 1998.
3 Did you recover any newspapers relating to Boca Chica
4 Naval Air Station?
5 A. Yes, we did.
6 Special Agent Hall, if you would look through SAV 12
7 and tell us whether you recollect those newspapers coming from
8 Apartment 3G.
9 A. Yes, they did.
10 Q. Where did they come from in Apartment 3G?
11 A. These were from the dresser or chest of drawers we have
12 designated as H2.
13 Q. Do you recall which particular drawer?
14 A. I believe these were the bottom center drawer.
15 Q. Do they appear to be in the same or substantially the same
16 condition today as they did when you recovered them or were
17 recovered under your direction on September 12, 1998?
18 A. Yes, they do.
19 MR. KASTRENAKES: We move into evidence SAV 12.
20 THE COURT: It will be admitted as SAV 12 composite.
21 (A document was received in
22 evidence as Government’s Exhibit SAV 12.)
23 BY MR. KASTRENAKES:
24 Q. Special Agent Hall, if you could examine the newspapers,
25 SAV 12 and tell the folks on the jury the newspaper publication

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1 is what?
2 A. The newspaper is called the Southernmost Flyer.
3 Q. And it is published by whom?
4 A. At the Naval Air Station in Key West, Florida.
5 Q. How many newspapers are in that package SAV 12?
6 A. Three or perhaps four. Three with an annual schedule for
7 the Florida Keys Community College located in Key West.
8 Q. The Southernmost Flyer newspapers, if you can look and tell
9 the jury the publication of those newspapers?
10 A. Friday, August 7, 1998. One is Friday July 31, 1998.
11 There is one here from August 14, Friday, 1998 and a fourth
12 one, Friday July 24, 1998.
13 Q. Thank you, sir.
14 MR. KASTRENAKES: May the United States publish those
15 newspapers?
16 THE COURT: You may.
17 BY MR. KASTRENAKES:
18 Q. I know in your testimony yesterday as well as the afternoon
19 of the day before yesterday, you referred to small pieces of
20 paper with handwritten notations on them. I would like to draw
21 your attention to two other, actually three other such pieces
22 of paper, SAV 40.
23 Do you recognize SAV 40 as having come from Apartment
24 3G?
25 A. Yes, I do.

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1 Q. When was it found, sir?
2 A. This also came from the dresser area, H2. I believe this
3 was on the top of that dresser.
4 Q. In the same area when you say on top of the dresser, you
5 testified yesterday the wallet and some other things had come
6 from the top of the dresser. Is that where we are talking
7 about?
8 A. Yes, on H2.
9 Q. Does it appear to be in the same or substantially the same
10 condition today when you found it or found under your direction
11 on September 12, 1998?
12 A. Yes, it is.
13 MR. KASTRENAKES: The government moves into evidence
14 SAV 40 and the enlargements SAV 40A.
15 THE COURT: They will be admitted as Government’s
16 Exhibits SAV 40 and SAV 40A.
17 (A document was received in
18 evidence as Government’s Exhibit SAV 40 and 40A.)
19 MR. KASTRENAKES: May I publish?
20 THE COURT: You may.
21 BY MR. KASTRENAKES:
22 Q. What is SAV 40?
23 A. A small Post it note with some handwritten notations on it.
24 Q. If we could go through this very briefly.
25 Do you recognize the cities in the left hand column?

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1 A. Yes. Apparently abbreviations for six cities.
2 Q. Do you recognize the initials or abbreviations or actually
3 the entire city name?
4 A. It seems to list Miami, Fort Lauderdale, Hollywood, New
5 York City, perhaps, Hialeah and Tampa.
6 Q. To the right of that is apparently what it seems to be four
7 other designators or codes or something?
8 A. Four or six. Six, I am sorry.
9 Q. Is it all on the screen?
10 A. Yes, it is.
11 Q. The designator for Miami is what?
12 A. Monkey, according to this.
13 Q. Fort Lauderdale?
14 A. Fortress.
15 Q. Hollywood?
16 A. Disney.
17 Q. The designator for New York City is?
18 A. Bird.
19 Q. The designator for Hialeah?
20 A. Jail.
21 Q. And Tampa?
22 A. Land, with a period after it.
23 Q. Do you recognize SAV 41?
24 A. Yes, I do.
25 Q. Did it come from Apartment 3G?

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1 A. Yes, it did.
2 Q. Where did it come from that apartment on September 12,
3 1998?
4 A. This was also located on the dresser designated as H2.
5 Q. Does it appear to be in the same or substantially the same
6 condition today as when it was seized on September 12, 1998?
7 A. Yes, it is.
8 MR. KASTRENAKES: The United States moves into
9 evidence SAV 41.
10 THE COURT: It will be admitted as Government’s
11 Exhibit SAV 41.
12 (A document was received in
13 evidence as Government’s Exhibit SAV 41.)
14 MR. KASTRENAKES: May we publish it by putting it on
15 the overhead?
16 THE COURT: You may.
17 BY MR. KASTRENAKES:
18 Q. Mr. Hall, what is SAV 41?
19 A. It is a Barnes and Noble business card with some
20 handwritten notations on the back.
21 Q. On the front it is a regular Barnes and Noble business
22 card?
23 A. That is correct.
24 Q. On the back?
25 A. It is apparently a list of restaurants, fast food

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1 restaurants, including number 4 there, Penny’s. It could be
2 Denny’s.
3 Q. Locations?
4 A. Yes, addresses, actually.
5 Q. I believe you testified, it might have been Tuesday
6 afternoon, you were assigned to a different squad that then
7 investigated this case?
8 A. That is correct.
9 Q. Do you have any information with respect to the meanings of
10 these particular restaurants and their locations and how they
11 play into any further investigations specifically with respect
12 to this case?
13 A. No, I don’t have any idea. Cheap lunches, probably.
14 Q. Yesterday you testified that in a wallet of either John Doe
15 Number 2 or John Doe Number 3, there were also some handwritten
16 locations of restaurants?
17 A. I don’t believe I recall is that yesterday?
18 Q. If you don’t, that is fine.
19 Let me show you SAV 45. Do you recognize it.
20 A. Yes.
21 Q. Do those two stickies come from Apartment 3G?
22 A. Yes, they do.
23 Q. Where were they located?
24 A. These were from the top of the chest of drawers or dresser
25 next to table G. We had it labeled as H1, I believe. It was

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1 the other chest from where everything else had been coming
2 from.
3 Q. I am holding up 57. Where was 45 found?
4 A. H1, the dresser next to the bed.
5 Q. On top of that?
6 A. That is correct.
7 Q. Does it appear to be in the same or substantially the same
8 condition today as when it was recovered from on top of the
9 chest of drawers?
10 A. Yes, it is.
11 MR. KASTRENAKES: The United States moves into
12 evidence SAV 45 composite.
13 THE COURT: It will be admitted as Government’s
14 Exhibit SAV 45 composite.
15 (A document was received in
16 evidence as Government’s Exhibit SAV 45.)
17 BY MR. KASTRENAKES:
18 Q. First my question would be, what is SAV 45?
19 A. It is two purple sticky notes or Post it notes.
20 Q. Are you familiar with any of the abbreviations contained on
21 the first sticky I am showing to the jury?
22 A. Not really, no.
23 Q. This is the second sticky?
24 A. That is correct. It appears to depict some sort of a list.
25 The first notation is bank, with do something to money. I

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1 can’t quite make that out. The second notation is luggage.
2 The third notation is A L V, period. I don’t know what that
3 is. The fourth is probably in Spanish, U N A S something or
4 other, I can’t tell what it says. Fifth, the photos at
5 Walgreen’s,/Walgreen’s and the last is something I can’t make
6 out, two to three years I can’t tell what that means,
7 either.
8 Q. Do you recall finding in the wallet of John Doe Number 2
9 that you testified to about yesterday, a Walgreen’s slip
10 indicating to pick up film?
11 A. Yes, that is correct.
12 MR. KASTRENAKES: May I publish SAV 45 by handing it
13 to the ladies and gentlemen of the jury?
14 THE COURT: Yes, you may.
15 BY MR. KASTRENAKES:
16 Q. Did you also find a pouch in Apartment 3G that contained
17 empty cigarette boxes?
18 A. Yes, we did.
19 MR. KASTRENAKES: May I approach with SAV 8 composite.
20 THE COURT: You may.
21 BY MR. KASTRENAKES:
22 Q. Do you recognize SAV 8?
23 A. Yes, I do.
24 Q. Did it come from Apartment 3G?
25 A. Yes.

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2143

1 Q. Where?
2 A. This was located in the H2 dresser. I believe the
3 top right drawer.
4 Q. Does it appear if you could look inside to make sure it
5 appears today to be in the same or substantially the same
6 condition as when it was found on September 12, 1998?
7 A. Yes, it does.
8 MR. KASTRENAKES: The government moves in SAV 8 as its
9 next exhibit.
10 THE COURT: It will be admitted as SAV 8 composite.
11 (A document was received in
12 evidence as Government’s Exhibit SAV 8.)
13 MR. KASTRENAKES: With the permission of the Court,
14 may the witness step down and publish SAV 8 to the jurors by
15 opening it up and showing it to them?
16 THE COURT: He may do that.
17 BY MR. KASTRENAKES:
18 Q. Mr. Hall, if you would please come down. As you publish
19 it, take out what is inside and hold it up to the jurors?
20 A. It is a small black pouch containing apparently some
21 earphones or ear set listening device. There are four empty
22 Marlboro packs here as well and we have three more prepaid
23 phone cards that were.
24 MR. KASTRENAKES: You may resume your seat.
25 May I have a moment?

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2144

1 THE COURT: Sure.
2 (Interruption.)
3 MR. KASTRENAKES: I tender Special Agent Hall.
4 MR. McKENNA: No questions.
5 THE COURT: Mr. Norris.
6 MR. NORRIS: Do.
7 CROSS EXAMINATION
8 BY MR. NORRIS:
9 Q. Good morning, Agent Hall.
10 A. Good morning.
11 Q. My name is Bill Norris. I represent Ramon Labanino whom
12 you have called various times Rough Treatment.
13 What is the name Rough Treatment?
14 MR. KASTRENAKES: Objection to the form of the
15 question. The witness mischaracterizes the witness’ direct
16 testimony.
17 THE COURT: Sustained.
18 Rephrase your question.
19 BY MR. NORRIS:
20 Q. Was Ramon Labanino given a code name by the FBI?
21 A. I don’t know about that.
22 Q. So you are not familiar with the code name Rough Treatment?
23 A. No, I am not.
24 Q. One of the exhibits that you showed us, Government’s
25 Exhibit SAV 64 composite, to help you recall, it was an Express

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2145

1 Mail U.S. Postal Service envelope. That is the one that came
2 from the Bureau of Vital Statistics, Texas Department of
3 Health; do you recall that?
4 A. Yes.
5 Q. From Austin, Texas?
6 A. Yes.
7 Q. It was sent to Mr. Luis Medina III at the Inverrary
8 Boulevard address in Tampa?
9 A. Yes.
10 Q. That contained, I think you told us a birth certificate?
11 A. I believe it was, yes.
12 Q. Interbay Boulevard, I misspoke.
13 The birth certificate that you found, this was a birth
14 certificate for Luis Medina III which shows his father to be
15 Luis Ibarra Medina; is that correct?
16 A. Yes, that is correct.
17 Q. I take it this birth certificate is the real McCoy, so far
18 as you know?
19 A. So far as I know, yes.
20 Q. Were you aware, Agent Hall, that in a certain respect the
21 information on this real McCoy birth certificate is false?
22 A. I have no way of knowing that.
23 MR. KASTRENAKES: Objection, it calls for the witness
24 to speculate.
25 MR. NORRIS: I asked him if he knew.

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1 THE COURT: Overruled.
2 BY MR. NORRIS:
3 Q. Do you know if the infant boy reported in this birth
4 certificate was actually born as Luis Medina III?
5 A. I have no way of knowing that. I would assume so.
6 Q. That is the assumption you would draw from this birth
7 certificate that came from Austin, Texas?
8 A. That is right.
9 Q. Have you interviewed the Reverend Medina Junior?
10 A. I have not, no.
11 Q. Do you know that in fact he was not the natural father but
12 was the adoptive father?
13 MR. KASTRENAKES: Objection to the form of the
14 question. It calls for hearsay.
15 THE COURT: Sustained.
16 BY MR. NORRIS:
17 Q. Do you know the term “legend”?
18 A. Yes.
19 Q. What do you understand a legend to be?
20 A. A legend is a notional identity that an agent will create
21 in a foreign country to use as his identification.
22 Q. Or someone may create that legend for the agents?
23 A. Not usually, but yes, that could be the case.
24 Q. If you had someone who was to, borrow a term, a spy master,
25 creating a legend or identity for one of his employees, he

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1 would be the one creating the legend?
2 A. That would be correct.
3 Q. When an adoptive father adopts a child, doesn’t he usually
4 create a legend for that child by making it appear it was his
5 natural born son?
6 MR. KASTRENAKES: Objection, Your Honor.
7 THE COURT: Sustained.
8 BY MR. NORRIS:
9 Q. Agent Hall, do you know anybody who is adopted?
10 A. Not off the top of my head, no.
11 Q. Do you know if adopted children usually have birth
12 certificates in their adopted name?
13 MR. KASTRENAKES: Objection.
14 MR. NORRIS: If he knows.
15 MR. KASTRENAKES: It is beyond the scope of direct
16 examination.
17 THE COURT: Sustained.
18 Q. Other than the birth certificate, you took us through a
19 series of driver’s licenses, did you not, for Luis Medina?
20 A. That is correct.
21 Q. The first one you showed us was Government’s Exhibit 733?
22 A. I don’t recall if that was the first one or not. Yes, we
23 looked at that yesterday.
24 Q. You didn’t give them to us in chronological order, but if I
25 could recast them in chronological order.

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1 I am showing you on the gizmo here this gentleman Luis
2 Medina III with a West Bay Avenue address in Tampa. That is
3 correct?
4 A. Yes.
5 Q. We determined this is an original?
6 A. That is correct.
7 Q. That would be the driver’s license issued on September 20,
8 1992?
9 A. November 20, 1992.
10 Q. And that shows a West Bay Avenue address in Tampa?
11 A. Yes, it does.
12 Q. Something less than fifteen months later we have a new
13 picture. He has gotten his hair cut but his eyes are closed?
14 A. That is correct. Perhaps in sleep.
15 Q. And Mr. Medina now is reporting the Interbay Boulevard
16 address in Tampa that was on the postal service address mail
17 envelope we had?
18 A. That is correct.
19 Q. This was issued some fifteen months later September 14,
20 1993?
21 A. That is correct.
22 Q. Then we had the driver’s license with another picture of
23 the same gentleman, this time with a little bit of a mustache
24 and his hair has grown again. Now he lives on North 14th Court
25 in Hollywood, Florida?

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1 A. That is correct.
2 Q. That is August 29, 1996?
3 A. That is correct.
4 Q. Then the address that you searched, a photograph of Luis
5 Medina as he looked on December 22, 1997?
6 A. That is correct.
7 Q. About a year and a half after he moved to Hollywood he
8 changed his address in Hollywood?
9 A. Apparently.
10 Q. You didn’t find all of those driver’s licenses in his
11 apartment?
12 A. No, I did not.
13 Q. In fact other than the last one, those are all things that
14 were obtained by the government in Tallahassee?
15 A. That is correct.
16 Q. Is there anything wrong with getting a duplicate license
17 when you move?
18 A. I don’t think so.
19 Q. Aren’t you obligated by law in Florida within fifteen days
20 after you move to go down and get a new driver’s license?
21 A. I am not sure of the statute. That sounds correct.
22 Q. Isn’t that what the gentleman shown in those pictures did?
23 A. Apparently so, yes.
24 Q. And in the process of complying with the law about getting
25 a duplicate drivers license, he created a record of every place

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1 he lived in Tampa and in Hollywood, Florida?
2 A. If in fact he lived in those locations. I haven’t
3 authenticated that.
4 Q. But you did get mail from those various addresses?
5 A. I didn’t, no.
6 Q. Didn’t you seize a postal address envelope
7 A. Get mail. Yes, we did take a piece of mail from Polk
8 Street.
9 MR. KASTRENAKES: It is SAV 64
10 BY MR. NORRIS:
11 Q. Which would tend to suggest that is where Mr. Medina lived
12 at various times?
13 A. That previous address?
14 Q. Yes.
15 A. It would indicate that, yes.
16 Q. You also told us about the various documents that you
17 placed into evidence that showed us that Mr. Medina was a Mason
18 Shoe salesman. Do you have any reason to suggest that in fact
19 Mr. Medina was not a salesman for Mason Shoes?
20 A. I don’t have any evidence to that effect, no.
21 Q. Do you know anything about the Mason Shoe company?
22 A. I do not.
23 Q. Do you know if they really do sell shoes?
24 A. I don’t know that, no.
25 Q. When you went into that briefcase that you showed us the

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1 picture of in the hall closet, did you find a shoe bag from
2 Mason Shoes?
3 A. A shoe bag?
4 Q. A bag you would put shoes into when you deliver a new pair
5 of shoes?
6 A. I don’t recall that specifically.
7 Q. Do you have an inventory of the things you searched and
8 seized when you were there?
9 A. Yes, we do.
10 Q. Did you enter on to the inventory any items related to the
11 Mason Shoe activity that Mr. Medina was involved in?
12 A. Yes, we did.
13 Q. Did you inventory a shoe bag from Mason Shoes?
14 A. Specifically, I did not.
15 Q. How about a catalog from Mason Shoes that were available
16 for sale?
17 A. I didn’t personally, no.
18 Q. Were there forms for mail order shoes from Mason Shoes?
19 Did you inventory or search or seize any mail order materials?
20 A. I did not, no.
21 Q. When you were introduced and Mr. Kastrenakes was having you
22 tell us a little bit about yourself, Agent Hall, he mentioned
23 you were an anthropologist before you joined the field?
24 A. Yes.
25 Q. What subject did you specialize in?

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1 A. Archeology.
2 Q. In your transition from the academic subculture into the
3 FBI subculture, did you find that to be an interesting process?
4 A. Very interesting, yes.
5 Q. Did you find that the FBI in some ways almost has its own
6 language?
7 MR. KASTRENAKES: Objection. Vagueness. Form.
8 Outside the scope of direct. Relevance.
9 THE COURT: Sustained.
10 BY MR. NORRIS:
11 Q. You used the word in your direct testimony several times,
12 Agent Hall, you used the term “unsub,” which I take it is
13 spelled U N S U B?
14 A. That is correct.
15 Q. What does unsub mean in standard English?
16 A. In standard English, meaning the bureau’s interpretation of
17 standard English that is another matter.
18 It means unknown subject.
19 Q. Thank you, that is what I was getting to.
20 A. I know.
21 Q. In the discipline of anthropology, you say you were in the
22 archeology aspect of it. Are there in the FBI sort of
23 subspecialties or agents involved in certain areas of work
24 generally within the scope of what the FBI does in law
25 enforcement?

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2153

1 MR. KASTRENAKES: Objection. Relevance. Beyond the
2 scope of my direct examination.
3 THE COURT: Overruled.
4 You can answer.
5 BY MR. NORRIS:
6 Q. The answer is yes?
7 A. I have forgotten the question.
8 Q. The purpose of the question was to change subjects.
9 A. All right.
10 Q. I wanted to tell you I wanted to ask a few questions about
11 the way the FBI is structured in terms of their squad
12 arrangement and the fact that agents such as yourself are
13 assigned to this squad or that squad.
14 A. Okay, I got you.
15 Q. I think you told us you did FCI work?
16 A. That is correct.
17 Q. FCI in bureau speak means in counterintelligence?
18 A. That is correct.
19 Q. And that as an FCI agent, you were assigned to an NS squad?
20 A. That is a recent change, correct.
21 Q. NS now means national security?
22 A. Correct.
23 Q. And not only are you on an NS squad doing FCI work, but you
24 are assigned to NS2?
25 A. Correct.

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1 Q. Which suggests there is an NS1?
2 A. Correct, but not necessarily so.
3 Q. In this instance there happens to be an NS1?
4 A. That is correct.
5 Q. And Mr. Kastrenakes was talking to you about the fact you
6 weren’t on the squad that actually investigated this case?
7 A. That is correct.
8 Q. Because that was NS1?
9 A. Correct.
10 Q. And Ns1 specializes in national security as respects Cuba?
11 A. Yes.
12 Q. This is a case about people who come from Cuba?
13 A. That is correct.
14 Q. But you are in NS2 which does FCI work, but for I guess,
15 presumptively, people from places other than Cuba?
16 A. That is correct.
17 Q. The bureau does a lot of stuff other than foreign counter
18 intelligence work?
19 A. Yes, they do.
20 Q. You have OC squads?
21 A. Organized crime, yes.
22 Q. You have N squads?
23 A. N
24 Q. Narcotics?
25 A. Yes.

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1 Q. Have they renamed those?
2 A. Usually D, drugs.
3 Q. And PC?
4 A. Yes.
5 Q. Is there a squad at the Miami field office of the Federal
6 Bureau of Investigation that is a T squad?
7 A. Not to my knowledge.
8 Q. Is there a squad that does terrorism investigations?
9 A. Yes, there is.
10 Q. What is that called?
11 A. That is also one of the NS squads.
12 Q. Is that NS1 or NS2 or NS something else?
13 A. NS something else.
14 Q. But it is a squad that is discrete from NS1?
15 A. Yes, it is.
16 Q. I wanted, Agent Hall, to ask you a question about the snow
17 leopard?
18 A. Okay.
19 Q. Do you remember the picture you had that showed the big
20 stuffed animal over by the drapes on the wall where the TV set
21 was?
22 A. Yes. I thought it was an albino tiger.
23 Q. Like the one down in Metro Zoo?
24 A. Yes, that is correct.
25 Q. Did you seize that?

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2156

1 A. No, I did not.
2 Q. I noted I guess really, Agent Hall, my question was, did
3 the albino tiger get a name? Did you name that at all?
4 MR. KASTRENAKES: Objection.
5 THE COURT: Sustained.
6 MR. NORRIS: No further questions.
7 THE COURT: Mr. Mendez.
8 CROSS EXAMINATION
9 BY MR. MENDEZ:
10 Q. Sir, as I understand it your primary responsibilities on
11 September 12, 1998 was to secure the premises and secure the
12 evidence that would be removed from the premises, is that
13 correct?
14 A. To collect the evidence was the primary responsibility.
15 Q. And to make a record of the evidence that was removed from
16 the premises?
17 A. That is correct.
18 Q. I suppose you took notes or created a log, I think you
19 referred to on occasion to help you what you removed from the
20 apartment that day?
21 A. That is correct.
22 Q. Can you tell us referring to your notes or your memory how
23 many computer disks were removed from that apartment that day?
24 A. That would be very difficult. The computer material was
25 handled, actually, by Lee Shepps from our CART examination team

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2157

1 and I didn’t take exact count. He made a separate running
2 inventory himself of that material.
3 Q. You didn’t count the number of disks yourself?
4 A. I did not.
5 Q. Were you given a number of disks according to this other
6 agent, that had been removed?
7 A. I did not take possession of those. Those were turned over
8 to Special Agent Rosado.
9 Q. Did you prepare a 302 in connection with your work that
10 day?
11 A. Yes, I did.
12 Q. A 302 is a report you prepared indicating what happened?
13 A. Yes.
14 Q. Would taking a look at your 302 help you to remember how
15 many disks were removed from the apartment that day?
16 A. It probably would.
17 Q. Let me show you what I will mark as Defendant’s Exhibit R3
18 for identification purposes. Does this help remember the
19 number of disks removed that day?
20 A. That would be 175 floppy disks, 3.5 floppies.
21 Q. The floppy disks are those small three and a half by five
22 inch squared or rectangular sized objects that were shown in
23 one of those photographs?
24 A. Some of them were in there, yes.
25 Q. 175 floppy disks were removed?

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2158

1 A. I believe that was the number, yes.
2 Q. Did you make any attempt to determine which of those disks
3 belonged to Mr. Campa as opposed to Mr. Medina?
4 A. No, I did not.
5 Q. Do you know how many files were contained in each of those
6 disks?
7 A. No idea.
8 Q. Did you try to determine that or was that somebody else’s
9 area?
10 A. It was completely separate from my area.
11 Q. You also showed us two laptop computers that were removed
12 from the apartment that day?
13 A. Correct.
14 Q. Do you know which computer belonged to who?
15 A. I have no idea.
16 Q. Do you know how many files may have been contained in
17 either of the two computers?
18 A. I have no idea.
19 Q. You were asked a number of questions about documents and
20 Post its and pieces of paper that you or someone on your team
21 removed from the apartment that day; is that correct?
22 A. That is correct.
23 Q. For example, you were asked a couple of questions about
24 Government’s Exhibit SAV 41?
25 A. Correct.

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2159

1 Q. Do you remember that?
2 A. Yes.
3 Q. Basically you were asked to tell us what you thought those
4 markings meant?
5 A. That is correct.
6 Q. You were asked about similar markings on other pieces of
7 paper you found that day?
8 A. That is correct.
9 Q. The best you could do is read it and sometimes guess at
10 what it means; correct?
11 A. That is correct.
12 Q. That is why in connection with this piece of paper, you
13 said to the best of your knowledge, those are just cheap
14 restaurants?
15 A. That is correct.
16 Q. Because you really have no special expertise concerning the
17 markings you have been shown on these pieces of paper, do you?
18 A. No.
19 Q. Your job was more limited than that?
20 A. Very limited, correct.
21 Q. You were also asked about an airline ticket introduced into
22 evidence as Government’s Exhibit SAV 26 composite?
23 A. Yes.
24 Q. Those were airline tickets from Mexico to the United
25 States?

RICHARD A. KAUFMAN, CMRR

2160

1 A. Yes.
2 Q. Do you have that in your mind roughly?
3 A. I recall, yes.
4 Q. Let me show you one of the items contained in SAV 26 and
5 ask you whether you recall being asked a few questions about
6 that?
7 A. I remember that was particularly difficult to read.
8 MR. KASTRENAKES: May I see which part of the ticket
9 you have shown him?
10 MR. MENDEZ: Yes.
11 BY MR. MENDEZ:
12 Q. You have no special knowledge concerning what this ticket
13 means?
14 A. No, I have had no airline experience whatsoever.
15 Q. Nevertheless, you did tell us having looked at it, this
16 reflected that Mr. Campa had traveled from Mexico City to
17 Houston on March 20, 1993; was that your testimony?
18 A. I believe that is correct.
19 Q. Let me put on this equipment here, this ticket.
20 The reason you thought this ticket belonged to
21 Mr. Campa because his name appears under the caption, name of
22 passenger; is that correct?
23 A. That is correct.
24 Q. You just read that out?
25 A. That is correct.

RICHARD A. KAUFMAN, CMRR

2161

1 Q. You concluded it was a ticket from Mexico to Houston
2 because it quite simply says from Mexico City to Houston?
3 A. That is correct.
4 Q. You told us you believed or this ticket showed that he
5 traveled on March 20, 1993 because it says here under the
6 caption date 20 M A R 935A?
7 A. That is correct.
8 Q. How did you conclude or why did you conclude this referred
9 to a travel in 1993?
10 A. Because it is indicated on the ticket.
11 Q. What is shown is 935A?
12 A. That is correct.
13 Q. You just figured the 93 part of 5A meant 1993?
14 A. Yes. The 5A is some sort of a code afterwards.
15 Q. That is what you base your testimony on?
16 A. That is correct.
17 Q. That was a ticket for a flight arriving on March 20 at 9:35
18 a.m.?
19 A. Yes, that is possible.
20 Q. If you look at the second component of that ticket which is
21 also under Ruben Campa from Houston to Fort Lauderdale, that
22 flight was arriving on 20 March 115P; is that correct?
23 A. That is correct.
24 Q. It wouldn’t be your testimony that he is arriving in the
25 year 2011?

RICHARD A. KAUFMAN, CMRR

2162

1 A. No, it would not.
2 Q. Would it appear that the 115P refers to 1:15 in the p.m.
3 and the 935A refers to 9:35 in the a.m.?
4 A. Yes.
5 Q. If one were to attempt to determine the date of issue,
6 wouldn’t it be prudent to look at the part of the ticket that
7 says date of issue?
8 A. Yes, it would.
9 Q. It may be difficult to see other than the overhead, but
10 isn’t it fair to say that this ticket according to the ticket
11 itself was issued on February 6, 1998?
12 A. I can’t see that part.
13 Q. Take a look at the ticket and you will have to play it a
14 bit as if it is a voting ballot.
15 To the best of your ability, what is the date of the
16 ticket as shown?
17 A. I can’t make out the first number, but it seems to be
18 February 1998.
19 MR. MENDEZ: Nothing further.
20 THE COURT: Mr. Blumenfeld?
21 MR. BLUMENFELD: Nothing.
22 THE COURT: Mr. Horowitz?
23 MR. HOROWITZ: No questions.
24 THE COURT: Mr. Kastrenakes.
25 MR. MENDEZ: I am sorry, Your Honor, may I publish

RICHARD A. KAUFMAN, CMRR

2163

1 that to the jury?
2 THE COURT: Yes.
3 REDIRECT EXAMINATION
4 BY MR. KASTRENAKES:
5 Q. On cross examination I believe it was Mr. Norris that asked
6 you about a legend and you mentioned a notional story or a
7 notional account. If you can explain what a notional account
8 means or legend?
9 A. Notional refers to made up or false.
10 Q. Mr. Norris also referred to the first driver’s license as
11 being issued correctly on September 20, 1992 for John Doe
12 Number 2 and he published that to the jurors. However, was
13 there an earlier identification card issued to John Doe Number
14 2 in the name of Luis Medina?
15 A. Yes. It was not a driver’s license but one of those
16 photographic IDs.
17 Q. Showing 735 in evidence, is that the photograph and is that
18 the date of November 3, 1992 where defendant John Doe Number 2
19 received his first Florida identification card?
20 A. Yes, that would be correct.
21 Q. That is a different address than the Interbay address?
22 A. Correct. This is the West Bay address.
23 Q. Mr. Norris asked you to interpret Florida law with respect
24 to obtaining replacement licenses or duplicate licenses when
25 you move. I believe you told us that that is in fact what is

RICHARD A. KAUFMAN, CMRR

2164

1 required by law, after a certain period of time you are
2 supposed to get a new license when you move?
3 A. I believe that is the case. He mentioned fifteen days. I
4 can’t say that for sure.
5 Q. Does Florida law allow you to obtain driver’s licenses and
6 false identifications under the name of a dead baby?
7 A. I don’t believe so.
8 Q. Mr. Mendez referred to fast food establishments or chain
9 establishments where you could obtain food, that was on the
10 back of business cards. He showed you one business card?
11 A. Correct.
12 Q. I think you told the folks on the jury you were not
13 assigned to this case?
14 A. Well, not in an interpretive capacity.
15 Q. Have you had an opportunity, sir, to look through the
16 thousands of pages of encrypted documents discussing those
17 particular locations and the purpose for those locations?
18 A. No, I have not.
19 Q. You are not even experienced in Cuban matters because you
20 are assigned to a totally different squad?
21 A. That is correct.
22 Q. And we both misread that ticket. That was a 1998 travel
23 ticket that Mr. Mendez pointed out to the jurors as a part of
24 SAV 26?
25 A. Yes, that is correct.

RICHARD A. KAUFMAN, CMRR

2165

1 Q. The second travel ticket that is part of that exhibit, did
2 that show a 1998 travel in the summer of 1998, specifically on
3 July 4?
4 A. Yes, it did.
5 Q. From Mexico to the United States?
6 A. Yes, it did.
7 Q. And at that time did defendant John Doe Number 3 tell the
8 United States Customs Service in the customs declaration form,
9 that he still lived in North Carolina?
10 A. Yes, he did.
11 MR. KASTRENAKES: Nothing further.
12 MR. MENDEZ: May I ask one question as to the customs
13 declaration form, that was not covered on cross.
14 THE COURT: Yes.
15 RECROSS EXAMINATION
16 BY MR. MENDEZ:
17 Q. Have you ever traveled international?
18 A. Yes.
19 Q. And you have filled out customs declaration forms yourself?
20 A. Yes.
21 Q. What do you do with them before you land or after you land?
22 A. I turn them in.
23 Q. Obviously the one that you found hadn’t been turned in;
24 correct?
25 A. It would appear to be not turned in.

RICHARD A. KAUFMAN, CMRR

2166

1 Q. It didn’t bear any of the stamps or insignias of the
2 customs agency?
3 A. I don’t believe it did.
4 MR. KASTRENAKES: I do have a question.
5 REDIRECT EXAMINATION
6 BY MR. KASTRENAKES:
7 Q. When you are on an international flight, you could get as
8 many customs forms as you want?
9 A. I believe you can.
10 Q. If you fill one out and hand it into the customs service
11 and fill out another one and put it into your pocket, nobody
12 will be the wiser?
13 A. That is correct.
14 THE COURT: You may step down.
15 (Witness excused.)
16 THE COURT: Call your next witness.
17 MR. KASTRENAKES: Special Agent Alex Garcia.
18 May I have a moment to collect the evidence?
19 THE COURT: Sure.
20 Thereupon
21
22 ALEJANDRO GARCIA,
23 called as a witness by the Government, having been first duly
24 sworn, testified as follows:
25 DIRECT EXAMINATION

RICHARD A. KAUFMAN, CMRR

2167

1 BY MR. KASTRENAKES:
2 Q. Good morning. I know you have a microphone. Keep your
3 voice up so everybody can hear what you are saying.
4 Tell us your full name?
5 A. Alejandro Garcia, G A R C I A.
6 Q. What do you do for a living?
7 A. I am a special agent with the FBI.
8 Q. How long have you been working with the FBI?
9 A. Approximately 19 years.
10 Q. Where are you currently assigned in the Federal Bureau of
11 Investigation?
12 A. The Miami field office.
13 Q. Any particular assignment within the Miami field office?
14 A. I am currently assigned to an organized crime drug
15 investigation program.
16 Q. How long have you been doing that, Special Agent Garcia?
17 A. This assignment has been for six months.
18 Q. In your career as an FBI agent, what other assignments have
19 you had?
20 A. I have been assigned to various investigative programs
21 which include general criminal matters, public corruption,
22 police corruption, foreign counterintelligence, domestic
23 terrorism, computer crimes.
24 Q. What is your background in prior to becoming an FBI agent?
25 A. An accountant. I was previously an assistant comptroller.

RICHARD A. KAUFMAN, CMRR

2168

1 Q. September 12, 1998, were you working on that day?
2 A. Yes.
3 Q. What assignment did you have with respect to the unit or
4 squad you were assigned to on that day?
5 A. I was assigned to support a foreign counterintelligence
6 squad in the Miami field office and my duties at that
7 particular time was to support a protective detail assignment.
8 Q. Were you co opted, for lack of a better term, to assist in
9 the search of a particular residence in Hollywood, Florida?
10 A. Yes, I was.
11 Q. What was the location of that address?
12 A. I believe it was 1776 Polk Street Apartment 3G in
13 Hollywood.
14 Q. What time did you arrive outside of 1776 Polk Street,
15 approximately?
16 A. Approximately, 5:30 in the morning.
17 Q. Did you actually participate in the arrest of anybody
18 inside that apartment?
19 A. I did not.
20 Q. Did you see individuals who had been brought out under
21 arrest from that apartment?
22 A. Yes, I did.
23 Q. How many individuals do you recall seeing?
24 A. Two.
25 Q. Were they brought out separately at different times?

RICHARD A. KAUFMAN, CMRR

2169

1 A. I don’t recall the order or the chronology, but I do
2 recall seeing two individuals being escorted.
3 Q. Where were you in relation to the apartment, in the
4 hallway, across the street, in the building? Can you gives a
5 mental picture?
6 A. I was outside of the building and standing in an adjacent
7 parking lot.
8 Q. Do you see any of the individuals who were brought out of
9 Apartment 3G under arrest in the courtroom here today?
10 A. Yes, I do.
11 Q. How many of the two do you see?
12 A. Both of them.
13 Q. Who was the first person you saw come out?
14 A. The gentleman standing up.
15 MR. KASTRENAKES: May the record reflect the witness
16 has identified John Doe Number 3.
17 THE COURT: It will so state.
18 BY MR. KASTRENAKES:
19 Q. The next one?
20 A. The gentleman standing up.
21 MR. KASTRENAKES: May the record reflect he has
22 identified John Doe Number 2.
23 THE COURT: It will so reflect.
24 BY MR. KASTRENAKES:
25 Q. Did you receive permission from a search warrant being

RICHARD A. KAUFMAN, CMRR

2170

1 signed pursuant to a Court order to search Apartment 3G after a
2 number of hours?
3 A. I did.
4 Q. I would like to draw your attention to a specific area in
5 that apartment on a search of an area.
6 Did you locate a Wilshire Beverly Hills piece of
7 luggage on rollers inside that apartment?
8 A. Yes, I did.
9 Q. Where was it located?
10 A. The luggage was up against the wall. It was in between the
11 bed and a door that led to a balcony.
12 Q. Let me show you SAV 56 1. Do you recognize this
13 photograph?
14 A. Yes.
15 Q. What does it show?
16 A. The Wilshire Beverly Hills luggage on wheels that was up
17 against the wall.
18 Q. Is this the object that you searched?
19 A. Yes, it is.
20 Q. Did you find items what you considered to be of evidentiary
21 value inside the luggage, seize them or have photographs taken
22 of them?
23 A. Yes, I did.
24 Q. Let me call your attention to SAV 33 composite. Do you
25 recognize that, Agent Garcia?

RICHARD A. KAUFMAN, CMRR

2171

1 A. Yes.
2 Q. Did that come from within SAV 56U, the photograph of the
3 actual Wilshire roll on luggage?
4 A. Yes.
5 Q. Where was that?
6 A. I found this in the upper compartment, a zippered
7 compartment.
8 Q. Does it appear to be in the same or substantially the same
9 condition today as it was when you found it on September 12,
10 1998?
11 A. It appears so.
12 MR. KASTRENAKES: The United States would move into
13 evidence SAV 33 composite.
14 THE COURT: It will be admitted as Government’s
15 Exhibit SAV 33 composite.
16 (A document was received in
17 evidence as Government’s Exhibit SAV 33.)
18 BY MR. KASTRENAKES:
19 Q. I will have you hang onto that which is the Casio organizer
20 itself and if I could have the receipt I will take that back
21 and put it on the overhead.
22 Was there a receipt that was part of what was
23 discovered?
24 A. Yes, there was.
25 MR. KASTRENAKES: May I publish it?

RICHARD A. KAUFMAN, CMRR

2172

1 THE COURT: You may.
2 BY MR. KASTRENAKES:
3 Q. You have the benefit of the screen right there. What was
4 purchased, first of all on this receipt?
5 A. The receipt reads as follows, the item that was purchased
6 was one Sharp 128 kilobytes electronic organizer.
7 Q. Is that what you have in front of you? Does that match
8 that description on the receipt?
9 A. Yes, it does.
10 Q. If you can tell, it was purchased at a location. Can you
11 tell us where it was purchased?
12 A. The receipt reads Staples, and the address is 10851
13 Imperial Highway, Norfolk, California.
14 Q. Would you look carefully. You read Norfolk?
15 A. I stand corrected, it is Norwalk.
16 Q. If you could look at the date of the purchase?
17 A. September 4, 1998.
18 Q. If you would open up the Casio organizer and publish by
19 reading to the jurors have you looked at the entries on
20 that?
21 A. Briefly, yes.
22 Q. Are there just a few?
23 A. Yes, there are.
24 Q. They have not been downloaded onto a document, have they?
25 A. Not to my knowledge.

RICHARD A. KAUFMAN, CMRR

2173

1 Q. What I need you to do since they haven’t been downloaded;
2 if you would turn it on and access the information in the order
3 that it was placed into that particular unit and just tell us
4 what is on each particular date?
5 A. The organizer is now on. I am hitting the previous key.
6 The first entry that appears reads as follows. Friday
7 September 11, 1998. There is an amount of $240.10. There is
8 an entry that reads Days Inn F T L.
9 Q. And the next entry?
10 A. The next entry reads Friday September 11, 1998, $24 and it
11 reads personals.
12 Q. I may have called it a Casio organizer. It is a Sharp
13 organizer.
14 A. Yes.
15 Q. The next entry?
16 A. Friday September 11, 1998, $15 meals.
17 Q. The next entry?
18 A. Friday September 11, 1998, $280 car insurance four
19 months it is actually four meses which translates into
20 months.
21 Q. Do you speak the Spanish language?
22 A. Yes.
23 Q. Fluently?
24 A. Yes.
25 Q. And it is written as meses and you know that to be what

RICHARD A. KAUFMAN, CMRR

2174

1 word?
2 A. Months in plural.
3 Q. The next entry?
4 A. Thursday, September 10, 1998. $328. Then it is
5 abbreviated A V F T L S A N T, then it says M I D.
6 Q. Let’s go through that. What is the Spanish word for flight
7 as in airplane flight?
8 MR. NORRIS: We are embarking here on some real
9 interpretive reading. The document speaks for itself and if
10 there is any meaning to it, it is what the document says.
11 THE COURT: Sustained.
12 BY MR. KASTRENAKES:
13 Q. What does AV stand for?
14 A. It could stand for aviation
15 MR. NORRIS: Objection.
16 THE COURT: Sustained.
17 BY MR. KASTRENAKES:
18 Q. What are the other initials?
19 A. F T L S A N T. It says period M I D.
20 Q. Are you familiar with the code for Mexico city?
21 A. I believe it is M I.
22 Q. I am sorry?
23 A. I believe it is M I.
24 MR. NORRIS: Objection, relevance. What is M I D.
25 That is what the document says.

RICHARD A. KAUFMAN, CMRR

2175

1 THE COURT: Overruled.
2 BY MR. KASTRENAKES:
3 Q. Is there any other entry on that particular day before you
4 access another entry?
5 A. I believe that is all it reads.
6 Q. Go to the next entry?
7 A. Thursday September 10, 1998, $35 and it says P L C C H Q.
8 Q. What is the Spanish word there?
9 MR. NORRIS: Objection. Is there a Spanish word.
10 BY MR. KASTRENAKES:
11 Q. Is there a Spanish word there?
12 THE COURT: Overruled.
13 BY THE WITNESS:
14 A. It appears it is an abbreviation.
15 BY MR. KASTRENAKES:
16 Q. For which word?
17 A. Contra chequeo.
18 Q. What does that mean?
19 A. Counter surveillance.
20 Q. How much was the bill for countersurveillance?
21 A. $35.
22 Q. What is the next entry?
23 A. Thursday September 10, 1998, $16. The description is
24 meals.
25 Q. Is that the final entry or is there another entry?

RICHARD A. KAUFMAN, CMRR

2176

1 A. That is the final entry.
2 Q. In summary, does every entry appear to be a ledger of
3 expenses for some thing or another?
4 A. Yes, it does.
5 Q. The first entry is the day before the arrest took place in
6 this case?
7 A. That is correct.
8 MR. KASTRENAKES: May I publish it to the jury?
9 THE COURT: You may.
10 BY MR. KAKSTRENAKES:
11 Q. Mr. Garcia, do you recognize SAV 34, sir?
12 A. Yes, I do.
13 Q. Did it come from the Wilshire Boulevard luggage that you
14 searched?
15 A. Yes, it did.
16 Q. Does it appear to be in the same or substantially the same
17 condition as it was when you recovered it from the Wilshire
18 Boulevard luggage on September 12, 1998?
19 A. Yes, it does.
20 MR. KASTRENAKES: The government would move into
21 evidence SAV 34.
22 THE COURT: It will be admitted as SAV 34.
23 (A document was received in
24 evidence as Government’s Exhibit SAV 34.)
25 BY MR. KASTRENAKES:

RICHARD A. KAUFMAN, CMRR

2177

1 Q. Where was SAV 34 found?
2 A. In the exterior upper compartment of the luggage.
3 Q. What is it if you could tell the folks on the jury?
4 A. It is a 1998 monthly planner.
5 MR. KASTRENAKES: May I publish? I will use some
6 particular dates on the overhead.
7 THE COURT: You may.
8 BY MR. KASTRENAKES:
9 Q. Did you notice particular markings on dates throughout
10 1998?
11 A. Yes.
12 Q. I would like to jump ahead to March 19, if I can and if you
13 could publish here is March 1998. March 19 indicates what
14 notation there, sir?
15 A. It has the name Camilo/93. The initials T E circled.
16 Q. As we go through these dates I will flip the pages for
17 the folks on the jury. It starts in December of 1997. Are
18 there similar notations on particular dates here with initials
19 and numbers circled?
20 A. Yes.
21 Q. Throughout the calendar? This is January. We have already
22 looked at March. This is April I would like to jump ahead
23 to June and if we could look at June 7. What is written and
24 circled there?
25 A. The name Giro and the number

RICHARD A. KAUFMAN, CMRR

2178

1 Q. Can you read it?
2 A. The number is 65, and that is circled.
3 Q. Again in June, June 11, there is a notation similar?
4 A. That is correct.
5 Q. I would like to go to August of 1998. On the bottom of
6 August, the 26th of August, what is written in there?
7 A. It appears it is the initials L O R.
8 Q. Did you find in the dayminder throughout 1998, the initials
9 L O R written in on numerous other dates without a circle
10 around it; do you recall?
11 A. I don’t recall.
12 Q. Let’s jump back to July, 1998, July 29. The same initials?
13 A. Same initials.
14 Q. We are in September, 1998. We know the arrest took place
15 on September 12, Saturday, but was there an entry for September
16 30 there?
17 A. Yes, there is.
18 Q. We are looking at two other dates in September that have
19 names and circles, Julia; do you see that?
20 A. Yes, September 23.
21 Q. Do you see let’s go ahead to October, do you see L O R
22 written in?
23 A. That is correct.
24 Q. What date?
25 A. October 28.

RICHARD A. KAUFMAN, CMRR

2179

1 Q. Let’s go to October 16. Can you publish for us the name
2 that is circled and the number that is circled under that name?
3 A. Under October 16, the name is Lorient L O R I E N T and the
4 number is 58.
5 Q. The date November 25, do you see the same L O R?
6 A. Yes.
7 MR. KASTRENAKES: May I publish this monthly dayminder
8 SAV 34 by handing it to the ladies and gentlemen of the jury?
9 THE COURT: You may.
10 BY MR. KASTRENAKES:
11 Q. Mr. Garcia, you already told us you speak Spanish. Is that
12 fluently?
13 A. It is functional, yes.
14 Q. Are you aware of the nickname for Gerardo being Giro or
15 G I R O?
16 A. Yes.
17 Q. Or Geraldo being the nickname Giro?
18 A. Yes.
19 Q. Did you also find in the Wilshire Boulevard luggage car
20 information and flight information?
21 A. There were two documents.
22 Q. SAV 35. Could you look at that composite and tell us if
23 you recognize that exhibit from the seizure of September 12,
24 1998?
25 A. Yes, I do.

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2180

1 Q. Where did this come from?
2 A. The upper exterior compartment.
3 Q. Compartment of what?
4 A. The Wilshire luggage.
5 Q. Does it appear to be in the same or substantially the same
6 condition today as it was when it was seized by you on
7 September 12, 1998?
8 A. Yes, it is.
9 MR. KASTRENAKES: The government moves into evidence
10 SAV 35 composite.
11 THE COURT: It will be admitted as Government’s
12 Exhibit SAV 35 composite.
13 (A document was received in
14 evidence as Government’s Exhibit SAV 35.)
15 MR. KASTRENAKES: May I use the overhead and publish
16 that?
17 THE COURT: You may.
18 BY MR. KASTRENAKES:
19 Q. Do you recall finding in that compartment a sleeve from
20 Avis Rent A Car containing a bill inside?
21 A. Yes, I did.
22 Q. The name on the Avis Rent A Car sleeve was what?
23 A. L Medina.
24 Q. You told us inside there was a bill?
25 A. That is correct.

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1 Q. Let’s go through the bill if we can briefly.
2 First of all the name as reflected on the bill is who?
3 A. Luis Medina.
4 Q. Does it indicate where it was rented out from?
5 A. It appears it was rented out of Los Angeles, California.
6 Q. As all car rental companies do, did this one indicate the
7 miles that it went out and the miles when it was returned?
8 A. Yes, it does.
9 Q. And the total miles driven?
10 A. Yes.
11 Q. How many total miles were driven by Luis Medina in
12 California?
13 A. According to this receipt, 1,069.
14 Q. What was the date that Luis Medina rented this car from
15 Avis Rent A Car? Do you see that on the overhead?
16 A. This car was rented I believe August 26, 1998.
17 Q. It actually gives us a time?
18 A. 8:26.
19 Q. What date was the car turned back in after having been
20 driven 1609 miles?
21 A. September 8, 1998.
22 Q. The total bill?
23 A. The total bill was $281.96.
24 Q. Does it indicate that Luis Medina used a recognized credit
25 card company to authorize or secure this car?

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1 A. Yes, he did.
2 Q. Do you see the name of the credit card company?
3 A. It is Visa.
4 Q. You also testified there was airplane travel information
5 contained in that same exhibit?
6 A. That is right.
7 Q. Did it have a little stapled amount on the top right hand
8 corner?
9 A. Yes, it did.
10 Q. First the name of the travel company?
11 A. Infinity Travel.
12 Q. Located at?
13 A. 18090 Collins Avenue Suite 11 Miami Beach.
14 Q. This is an itinerary for whom?
15 A. Mr. Luis Medina.
16 Q. Let’s go through the itinerary for this travel. Can you
17 see that?
18 A. Yes.
19 Q. Can you tell us the date of the travel out of Miami
20 International Airport?
21 A. The date is September 17, 1998, Thursday.
22 Q. Where was the itinerary taking Luis Medina III to from
23 Miami International?
24 A. To Mexico City.
25 Q. And was it a round trip itinerary?

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1 A. Yes, it was. There was a return flight on November 3,
2 1998. Leaving Mexico City at 6 p.m. and arriving at Miami
3 International Airport at approximately 10:10 p.m.
4 Q. On the bottom, was there a signed or paid receipt on this
5 particular inventory, travel inventory or itinerary I should
6 say?
7 A. There is a stamp that says paid and it is dated September
8 10, 1998.
9 Q. The word R E C I B I. Are you familiar with that word, sir
10 in Spanish?
11 A. Received.
12 Q. What is the amount of money?
13 A. $328.
14 Q. Does that match the amount of money that was on the Sharp
15 organizer for the series of entries?
16 A. Yes, it is.
17 Q. Inside the Wilshire Boulevard luggage, did you also locate
18 amounts of money?
19 A. Yes, I did.
20 Q. How many separate packages did you find money?
21 A. There were four separate bundles that contained U.S.
22 currency.
23 Q. Do you recall exactly how they were denominated or do you
24 need to refer to something?
25 A. I believe I can recall that amount.

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1 Q. Can you tell us the four separate packages?
2 A. Two bundles that had $2,000 in currency each. There was
3 one bundle that had $1,800 in currency and the fourth bundle
4 contained $2,740 in U.S. currency.
5 Q. Those bundles of currency, were they photographed by the
6 Federal Bureau of Investigation?
7 A. Yes, they were.
8 Q. May I show you 36A, 36B SAV 36A, 36B, 36C, 36D and SAV
9 36.
10 Do you recognize those photographs?
11 A. Yes, I do.
12 Q. Do they fairly and accurately portray the four individual
13 packages of money laid out as well as all four packages
14 together?
15 A. Yes, it does.
16 MR. KASTRENAKES: We would move into evidence SAV 36,
17 36A D.
18 THE COURT: They will be admitted as Government’s
19 Exhibit SAV 36 composite, 36A D.
20 (A document was received in
21 evidence as Government’s Exhibit SAV 36 and 36A D.)
22 MR. KASTRENAKES: May I publish them?
23 THE COURT: You may.
24 BY MR. KASTRENAKES:
25 Q. Was there a photograph taken of all the four packages

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1 together?
2 A. Yes, there was.
3 Q. I am showing the jury SAV 36. There are some numbers on
4 the packets here. The number is 65J MM. I am looking at item
5 72. What is that number?
6 A. I believe it is the file number.
7 Q. 1B7 for item 72?
8 A. That is the exhibit number.
9 Q. And you do that with every one of the bundles of money?
10 A. That is correct.
11 Q. The only difference appears to be the item number?
12 A. That is correct. Multiple entries into one exhibit.
13 Q. You said that each item number was photographed separately?
14 A. I believe so.
15 Q. I am showing you 36A which is item Number 72. Was that the
16 first $2,000 you talked about?
17 A. That is correct.
18 Q. As part of this composite exhibit, the money is just
19 photographed without the placard?
20 A. That is correct.
21 Q. 36B. Again, the item number is 73 now and is that the
22 second amount of $2,000?
23 A. That is correct.
24 Q. And a photograph without the placard?
25 A. That is correct.

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2186

1 Q. Item Number 74. Is that the $1,800 in the third package?
2 A. That is correct.
3 Q. And the photograph without the placard?
4 A. That is correct.
5 Q. And 36D, finally, item Number 75. Is that the $2,740?
6 A. That is correct.
7 Q. And without the placard?
8 A. That is correct.
9 MR. KASTRENAKES: No further questions. I tender
10 Mr. Garcia for questioning.
11 THE COURT: Mr. McKenna.
12 MR. McKENNA: No questions.
13 THE COURT: Mr. Norris.
14 CROSS EXAMINATION
15 BY MR. NORRIS:
16 Q. My name is Bill Norris. I represent Ramon Labanino. You
17 told us you were with the organized crime drug squad?
18 A. Yes.
19 Q. Before that at one point in your career you were with the
20 domestic terrorism squad?
21 A. Yes.
22 Q. Where were you with the domestic terrorism squad?
23 A. In San Juan.
24 Q. Puerto Rico?
25 A. Yes.

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1 Q. When was that?
2 A. 1983.
3 Q. For a year?
4 A. Probably for about a year. Maybe less than that.
5 Q. That would have been fairly early on in your career with
6 the FBI?
7 A. Yes, sir.
8 Q. The electronic organizer which is in evidence as SAV 33,
9 the Sharp electronic organizer, 128 kilobytes that you
10 identified as having come out of the suitcase in the apartment
11 that you searched, that was what, about 27 months ago that you
12 searched that apartment?
13 A. That is about right.
14 Q. And when you searched the apartment and you found this
15 organizer, did you go through and inspect the electronic
16 contents of it at that time?
17 A. No, I did not.
18 Q. Did you take it back to the field office and inspect the
19 stuff at that time?
20 A. Personally?
21 Q. Yes.
22 A. No, sir.
23 Q. When did you inspect the electronic contents of this
24 exhibit?
25 A. Prior to my testimony.

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2188

1 Q. In December of the year 2000?
2 A. That is correct.
3 Q. Where has this exhibit been in the 27 months since you
4 seized it?
5 A. To the best of my recollection, it has been under the care
6 and custody of the FBI.
7 Q. Where did you inspect it?
8 A. I inspected this at the U.S. Attorney’s Office.
9 Q. Was it in the custody of the U.S. Attorney’s Office or the
10 custody of the FBI when you inspected it?
11 A. It was in the custody of the FBI.
12 Q. In the U.S. Attorney’s Office?
13 A. In the U.S. Attorney’s Office.
14 Q. Do they have their own little exhibit area there?
15 A. I am not personally familiar with the layout and the
16 arrangements for the storage of evidence on this case.
17 Q. Do you know who put the entries that you read to us into
18 this pocket organizer?
19 A. Personally?
20 Q. Yes. Of your own knowledge. Do you know who put the
21 entries that you read to the jury into this pocket organizer?
22 A. I didn’t observe anybody entering that.
23 Q. Is the answer, “I don’t know”?
24 A. I don’t know.
25 Q. Do you know when those entries were put into the pocket

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2189

1 organizer?
2 A. No.
3 Q. You told the jury first off let me ask. I haven’t
4 touched any of the keys on this, but is there any way to write
5 protect a pocket organizer like this?
6 A. I am not familiar with the functions on this particular
7 organizer.
8 Q. If I started tapping away at keys here, could I enter
9 something into it?
10 A. It depends on the keys, I presume.
11 Q. If I tap the right keys if I typed the correct keys in
12 the correct sequence could I make an entry into this pocket
13 organizer?
14 A. Absolutely.
15 Q. Could I delete an entry into this pocket organizer?
16 A. Yes, you can.
17 Q. Could I alter or amend in some way an entry into this
18 pocket organizer?
19 A. It is possible, yes.
20 Q. There was one entry, and if you recall tell me, on
21 September 10 there was an entry for $35 with a notation
22 P L.C C H Q.
23 Do you recall that?
24 A. Yes, I do.
25 Q. You told the jury you understood that to be an abbreviation

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2190

1 for countersurveillance?
2 A. That is right.
3 Q. What does the letter P L mean to you?
4 A. It doesn’t mean anything.
5 Q. Then there is a period; is that right?
6 A. That is correct.
7 Q. Then four letters?
8 A. That is correct.
9 Q. And the first two letters are C C?
10 A. That is correct.
11 Q. Have you ever encountered C C to mean carbon copy or copy
12 to?
13 A. When reflected alone, yes. C C could mean that.
14 Q. H Q, is that a common abbreviation for the term
15 headquarters?
16 A. Yes.
17 Q. When you tell the jury that P L.C C H Q means
18 countersurveillance, that is your reading or your
19 interpretation of something that is on this computer here on
20 December 13 of the year 2000?
21 A. When you take the totality of the circumstances and examine
22 the facts surrounding this case it would be reasonable to
23 assume that C C H Q could mean contra chequeo,
24 countersurveillance.
25 Q. That is exactly the point I was coming to. What you have

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2191

1 done, you have looked at one isolated bit that you don’t know
2 when it got there but you know it is there today and in the
3 totality of the circumstance you interpret that to mean
4 countersurveillance; is that correct?
5 A. That is correct.
6 Q. When in fact there are other things it could mean, even if
7 it was entered when you seized this thing 27 months ago;
8 correct?
9 MR. KASTRENAKES: Objection. Argumentative.
10 THE COURT: Overruled.
11 MR. KASTRENAKES: Compound.
12 THE COURT: As to the compound, the objection is
13 sustained. As to the other objection, it is overruled.
14 BY MR. NORRIS:
15 Q. The term P L.C C H Q is susceptible to other
16 interpretations, is it not?
17 A. Yes, it is.
18 MR. NORRIS: Thank you, Agent Garcia.
19 THE COURT: Mr. Mendez?
20 MR. MENDEZ: No questions.
21 THE COURT: Mr. Blumenfeld?
22 MR. BLUMENFELD: No questions.
23 MR. HOROWITZ: No questions.
24 THE COURT: Mr. Kastrenakes.
25 MR. KASTRENAKES: No questions.

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2192

1 THE COURT: You may step down.
2 (Witness excused.)
3 THE COURT: Ladies and gentlemen, there is a matter I
4 must attend to in 45 minutes. If anybody needs a quick
5 restroom stop, I will let you go but I would like to continue
6 for another 40 minutes; is that okay with everybody?
7 Call your next witness.
8 MS. MILLER: Angel Berlingeri.
9 Thereupon
10
11 ANGEL BERLINGERI,
12 called as a witness by the Government, having been first duly
13 sworn, testified as follows:
14 DIRECT EXAMINATION
15 BY MS. MILLER:
16 Q. Would you please tell us your name and spell your last
17 name?
18 A. Angel Berlingeri.
19 Q. As of September of 1998, what was your occupation?
20 A. Special Agent of the FBI assigned to the Miami division.
21 Q. Were you assigned to a particular squad?
22 A. Yes, ma’am, the FCI squad.
23 Q. Agent, could you pull that microphone a little closer.
24 A. I was assigned to the FCI squad.
25 Q. At that time in September of 1991, how long had you been an

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2193

1 agent?
2 A. A little bit over 20 years.
3 Q. At approximately 20 years, does that create eligibility for
4 retirement?
5 A. Yes, ma’am.
6 Q. Have you since retired?
7 A. I retired in April of 1999.
8 Q. In September of 1998, were you the case agent for a
9 particular matter?
10 A. Yes, ma’am.
11 Q. What was that matter?
12 A. I was in a case involving an agent of a foreign country or
13 government named Vicky.
14 Q. Was there any other name by which that individual was known
15 prior to September 12, 1998 to you?
16 A. Yes, Ruben.
17 Q. Did you have a last name at that point?
18 A. No, ma’am.
19 Q. Had you physically viewed this person Vicky or Ruben prior
20 to September 12, 1998?
21 A. Yes, ma’am.
22 Q. Was that in a surveillance situation?
23 A. Surveillance video, physical surveillance; yes.
24 Q. On September 12, 1998, what was your specific duty or
25 assignment?

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2194

1 A. On that day I was assigned with a team of six persons to
2 conduct an arrest.
3 Q. Where was this arrest or arrests to be conducted?
4 A. The arrest would be conducted in the Hollywood City area,
5 1776 Polk Street Apartment 3G.
6 Q. Within that general arrest duty, did you have a particular
7 assignment?
8 A. Yes. My assignment was once we get into the dwelling, I
9 will locate and arrest Vicky or Ruben.
10 Q. Were there other agents with you who had other duties and
11 responsibilities that were other than yours?
12 A. Right. There was another team of agents who would arrest
13 an individual by the name of Luis Medina.
14 Q. Approximately what time did you make this arrest?
15 A. The arrest was done about 6 a.m.
16 Q. How did you get to the apartment?
17 A. We went through the parking lot, the back door, the
18 stairwell. We went up to the third floor and we were staged
19 before a couple of blocks from there in a parking lot waiting
20 for instructions from the office to perform the arrest.
21 Q. Was there an agent known as a technical agent with you?
22 A. Yes. The technical agent was supposed to conduct the
23 opening of the door.
24 Q. Did he do that?
25 A. Yes, he did that. The door has a lock, a chain latch, so

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2195

1 once he opened the door, the lock of the door, the latch would
2 not allow so we had to break the chain latch.
3 Q. Did you and other agents enter the apartment at that time?
4 A. Yes.
5 Q. What did you do?
6 A. I went inside the apartment. There were two individuals
7 laying down on a mattress. I identified Vicky, Ruben and
8 proceeded to arrest him and notify him we were from the FBI and
9 we have an arrest order and to proceed with it.
10 Q. When you say you have an arrest order, did you have an
11 arrest warrant?
12 A. No, I have verbally an arrest order from my supervisor.
13 Q. What language were you speaking in?
14 A. In Spanish.
15 Q. Are you fluent in Spanish?
16 A. Yes. I am raised and born in Puerto Rico.
17 Q. So Spanish is actually your first language?
18 A. Yes, it is.
19 Q. Was there anybody working with you to make the arrest
20 specifically of this individual Ruben?
21 A. Yes, Bruce Batch. It was him and myself were responsible
22 for the arrest of Ruben.
23 Q. The person that you arrested that day, do you see him in
24 the courtroom here?
25 A. Yes.

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2196

1 Q. Could you point him out, please?
2 A. There.
3 Q. You are pointing to the individual who was just standing?
4 A. Yes.
5 MS. MILLER: May the record reflect the witness has
6 identified the defendant John Doe Number 3?
7 THE COURT: It will so reflect.
8 BY MS. MILLER:
9 Q. What was the defendant wearing when you arrested him?
10 A. He was wearing underwear.
11 Q. Was something done about that, about his state of dress?
12 A. Yes. When we took him out from the bed. We told him we
13 were arresting him. We helped him to dress, put on some jeans,
14 a tee shirt and sneakers, tennis shoes.
15 Q. Was this a confrontational situation in terms of physical
16 altercation of any kind?
17 A. No. The individual was very cooperative. He was complying
18 with everything so we didn’t have any problems. He was in
19 custody.
20 Q. Did you seek any identification?
21 A. Yes. I asked him for a picture ID based on the fact we
22 were arresting someone based on a first name or an alias and at
23 that time he provided a Florida driver’s license.
24 Q. Where was the Florida driver’s license provided from?
25 A. On a wallet on top of a dresser across from the bed where

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2197

1 the individual was sleeping.
2 Q. Agent, I am showing you what was previously received in
3 evidence as SAV 56L 1 and ask you if you recognize this
4 photograph?
5 A. Yes, ma’am.
6 Q. What is this a photograph of?
7 A. It is the top of the dresser that was inside the room where
8 Ruben was arrested.
9 Q. Do you see this wallet on this dresser?
10 A. Yes, on the right side. It is the black wallet.
11 MS. MILLER: If I may publish this on the easel?
12 THE COURT: You may.
13 BY MS. MILLER:
14 Q. Is this the wallet right here I am pointing to?
15 A. Yes, ma’am.
16 Q. Agent, I am handing you an item which has been previously
17 marked as Government’s Exhibit 8 4. Without telling us the
18 content of what is on that document, do you recognize it?
19 A. Yes, ma’am.
20 Q. Does it is bear some relationship to what you have just
21 been testifying to us about?
22 A. Yes.
23 Q. What is the relationship between Government’s Exhibit 8 4
24 and what you have just been telling us about?
25 A. It was the driver’s license provided from the wallet on the

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2198

1 day of the arrest.
2 Q. How did the license get out of the wallet?
3 A. This time to my recollection, I can’t be sure, if I took it
4 from the wallet or Ruben took it from the wallet when I asked
5 for it. I am not sure about that.
6 Q. But you are sure that license was inside that wallet?
7 A. Yes.
8 Q. You are sure that was the license you took?
9 A. Yes.
10 Q. Is that license Government’s Exhibit 8 4 in substantially
11 the same condition as when you obtained it on the morning of
12 September 12, 1998?
13 A. Yes, ma’am.
14 MS. MILLER: The government offers 8 4 into evidence.
15 MR. MENDEZ: No objection.
16 THE COURT: It will be admitted as Government’s
17 Exhibit 8 4.
18 (A document was received in
19 evidence as Government’s Exhibit 8 4.)
20 MS. MILLER: Your Honor, we offer also Exhibit 8 4A,
21 the enlargement.
22 THE COURT: It will be admitted as Government’s
23 Exhibit 8 4A.
24 (A document was received in
25 evidence as Government’s Exhibit 8 4A.)

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2199

1 MS. MILLER: May I place it on the easel?
2 THE COURT: You may.
3 BY MS. MILLER:
4 Q. Agent, approximately how long were you in the apartment
5 with the defendant?
6 A. About five minutes it took to dress him and get him out of
7 the apartment.
8 Q. What did you and Agent Batch and the defendant do?
9 A. We transported him back to headquarters of the FBI office
10 in North Miami.
11 Q. Was the defendant in handcuffs at that point?
12 A. Yes, ma’am.
13 Q. Approximately how long did it take you to get to the FBI
14 office?
15 A. About 15 minutes.
16 Q. What happened when you returned to the FBI office?
17 A. We took him from the back parking lot. Took him inside a
18 processing area of the FBI where he was going to be processed,
19 meaning photographed, fingerprinted, background.
20 Q. Were you there while that processing took place?
21 A. Yes, ma’am.
22 Q. After that processing, what happened?
23 A. After that processing, we took him to an interview room
24 where we waited for the paperwork to be done and he was advised
25 of his rights for being arrested and advice why he was

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2200

1 arrested.
2 Q. Who gave him that advice?
3 A. I gave him the advice orally first then I used a form in
4 Spanish where he read it and he signed it and he waived his
5 rights.
6 Q. What did you tell him he had been arrested for?
7 A. Being an agent of a foreign government.
8 Q. I have placed in front of you two items which are marked
9 for identification as Government’s Exhibit 741 and 741A.
10 Turning first to 741, do you recognize that?
11 A. Yes.
12 Q. What is 741?
13 A. It was the form that I read to him and he read it after
14 that and he signed it then I signed it as a witness with agent
15 Bruce Batch.
16 Q. Do you recognize your signature?
17 A. Yes.
18 MS. MILLER: The government offers 741 into evidence.
19 MR. NORRIS: No objection.
20 THE COURT: It will be admitted into evidence as 741.
21 (A document was received in
22 evidence as Government’s Exhibit 741.)
23 MS. MILLER: I will substitute the exhibit with one
24 that the witness can use while I put this on the viewer.
25 THE COURT: You may.

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2201

1 BY MS. MILLER:
2 Q. This form indicates it is for what individual?
3 A. Ruben Campa.
4 Q. This name Campa, at this point you had a last name?
5 A. Right. Right after we took custody of the driver’s
6 license, we knew Ruben Campa was probably the same person we
7 called Vicky.
8 Q. The photograph on the driver’s license you acquired,
9 Government’s Exhibit 8 4, was that the photograph of the person
10 you arrested?
11 A. Exactly, yes, ma’am.
12 Q. In the upper right there is a word that says L A G A R.
13 What does that mean?
14 A. The place.
15 Q. What is written in?
16 A. Miami, Florida.
17 Q. Next is F E C H A?
18 A. The date, 9/12/98.
19 Q. Next is H O R A?
20 A. Time.
21 Q. What time?
22 A. 6:40 a.m.
23 Q. Down at the bottom is F I R M A D O?
24 A. That would be where he signed.
25 Q. Is something written in there?

RICHARD A. KAUFMAN, CMRR

2202

1 A. Ruben Campa’s signature.
2 Q. To the left there are two lines that say T E S T I G O.
3 What does that mean?
4 A. Witness.
5 Q. What names appear there?
6 A. Angel Berlingeri and Bruce Batch.
7 Q. Then H O R A?
8 A. Time, 6:45 a.m.
9 Q. I have also placed in front of you Government’s 741A. What
10 is Government’s Exhibit 741A?
11 A. The advice of rights form in the English version.
12 Q. What is the relationship between 741A and 741?
13 A. One is in English, one is in Spanish.
14 MS. MILLER: The government offers 741A in evidence.
15 MR. MENDEZ: No objection.
16 THE COURT: It will be admitted.
17 (A document was received in
18 evidence as Government’s Exhibit 741A.)
19 BY MS. MILLER:
20 Q. Would you read out the advice you read in Spanish to Ruben
21 Campa?
22 A. “Before we ask you any questions you must understand your
23 rights. You have the right to remain silent. Anything you say
24 can be used against you in Court. You have the right to talk
25 to a lawyer for advice before we ask you any questions and to

RICHARD A. KAUFMAN, CMRR

2203

1 have a lawyer with you during questioning. If you cannot
2 afford a lawyer, one will be appointed for you before any
3 questioning if you wish. If you decide to answer questions now
4 without a lawyer present, you will still have the right to stop
5 answering at any time. You also have the right to stop
6 answering at any time until you talk to a lawyer.
7 “Waiver of rights. I have read this statement of my
8 rights and I understand what my rights are. I am willing to
9 make a statement and answer questions. I do not want a lawyer
10 at this time. I understand and I know what I am doing. No
11 promises or threats have been made to me and no pressure or
12 coercion of any kind has been used against me.”
13 Q. After you read that out loud to the defendant in Spanish,
14 what did you do with the paper?
15 A. I put it on top of the desk and he read it himself then I
16 asked if he will sign it and he voluntarily signed it.
17 Q. After the advice of rights form and the waiver was signed,
18 what did you do?
19 A. After that I went back out of the room, I left the room and
20 Ruben was left behind with Agent Bruce Batch and I went outside
21 to see how the process of the forms and the photographs, the
22 fingerprints was going and to see when will be time to
23 transport him to jail.
24 MS. MILLER: Your Honor, I was going to enter the
25 substance of the statement. I don’t know how close you are to

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2204

1 when you want to break.
2 THE COURT: Keep going.
3 BY MS. MILLER:
4 Q. Agent, did there come a time you returned to where the
5 defendant was?
6 A. Yes, 20, 25 minutes then I came back to the room and ask
7 Mr. Campa, now saying Mr. Campa, if he had anything to say,
8 like who you are and he volunteered a statement who he was.
9 Q. What did he say first?
10 A. He said he was born in Weslaco, Texas. He was born
11 September 14, 1965. A couple of years after he was born his
12 father died in a car accident and the only relative that he had
13 was his mother and they moved to Mexico City where he went to
14 high school and after getting out of high school, he got
15 married.
16 Q. Did he say what his name was?
17 A. His name?
18 Q. Yes. Did he say what his own name was?
19 A. Ruben Campa. Basically the statement was based on the fact
20 he was Ruben Campa.
21 Q. Did he say what his mother’s name was?
22 A. Yes.
23 Q. What did he say his mother’s name was?
24 A. Aurelia Macia.
25 Q. Did he say what his father’s name was?

RICHARD A. KAUFMAN, CMRR

2205

1 A. Through the statement he said it later when I asked
2 biographical data, he mentioned his father’s name Merced Campa.
3 Q. Is that M E R C E D?
4 A. Yes.
5 Q. You were telling us that he was saying that he had married
6 somebody in Mexico?
7 A. Right, in Mexico City, right after getting out of high
8 school.
9 Q. Did he say what was the name of the person he married?
10 A. I think, yes. It says Maria I think it was Maria
11 Blanco.
12 Q. Did he tell you a date of birth of this person Maria
13 Blanco?
14 A. Yes. I think he said 1966 I am not sure of the date but
15 he mentioned a date. It was recorded on my statement.
16 Q. You made a written report shortly afterwards?
17 A. Right.
18 Q. What language was all this in?
19 A. In Spanish. It was in Spanish.
20 Q. Did you notice anything about his Spanish as he was
21 speaking?
22 A. Yes. I thought he was using an accent, like a Mexican
23 accent, pretending for me being born and raised in the
24 Spanish language, he was somebody pretending to have a Mexican
25 accent, like singing the words and the statements.

RICHARD A. KAUFMAN, CMRR

2206

1 Q. Was it somewhat sing song?
2 A. Like a sing song kind of thing and he continued the whole
3 statement with the same accent.
4 Q. Did the defendant say whether he and this person Maria
5 Blanco had remained married or not?
6 A. No. He said they had never divorced but her whereabouts
7 were unknown for him. He didn’t know where she was at that
8 time.
9 Q. Did he say where his mother was at that time?
10 A. Yes. He said his mother was in Mexico and that he lost
11 contact with her like two years before 1998, but he doesn’t
12 know the whereabouts of his mother, either.
13 Q. He did not know the whereabouts of his mother?
14 A. No.
15 Q. What did the defendant say next?
16 A. He say that after high school he married. Then he moved to
17 San Francisco to the La Mision area in San Francisco and worked
18 for a couple of years in a restaurant as a waiter.
19 Q. Did he say approximately when he moved to California?
20 A. Yes. I think it was like 1988.
21 Q. Did he say what his address had been in San Francisco?
22 A. No, he didn’t remember the address, the specific address in
23 San Francisco.
24 Q. What did he say after that?
25 A. He said after a couple of years in San Francisco, he moved

RICHARD A. KAUFMAN, CMRR

2207

1 back to Mexico where he got a job selling books for a publisher
2 or a bookstore and he mentioned an address where he was living
3 which I don’t remember at this time the address.
4 Q. You don’t remember the address but the defendant gave you a
5 specific address?
6 A. Yes, in Mexico City.
7 Q. Did you note that address in your report?
8 A. It should be there, yes, ma’am.
9 Q. What did the defendant say after that?
10 A. Then he spent a couple of more years in Mexico City and
11 then in 1994, approximately 1994, he moved back to the United
12 States. He went to North Carolina to Wrightsville Beach.
13 Q. Did he say whether he had acquired anything at that point?
14 A. Can you repeat the question?
15 Q. What did he say he did in Wrightsville beach, North
16 Carolina?
17 A. I don’t remember. I don’t think he mentioned there in
18 Wrightsville. He didn’t have a job.
19 Q. Did he say anything about any identification?
20 A. Okay, yes. When we were talking about that, he moved
21 there. He explained to me that at that time was when he
22 obtained his social security card and I asked him why he waited
23 so long since he was a U.S. citizen born in Weslaco, Texas, but
24 he didn’t answer.
25 Q. What did he say after that?

RICHARD A. KAUFMAN, CMRR

2208

1 A. Then he says from Wrightsville he moved to Raleigh, a
2 brownstone apartment in Raleigh.
3 Q. What State?
4 A. North Carolina, the same state. There he stayed for a
5 while and after that he moved to Fayetteville, North Carolina.
6 Q. Before we get to Fayetteville, going back for a moment to
7 Wrightsville Beach and Raleigh, North Carolina, did he give you
8 a specific street address for those places?
9 A. In Wrightsville, no. He didn’t remember his address. He
10 mentioned an apartment complex but no specific address.
11 Q. When did he say he moved to Fayetteville, North Carolina?
12 A. It was I think it was I can’t remember specific the
13 year. It was 1995. I can’t remember, or 1996, more or less,
14 like that.
15 Q. Did he have a specific address where he lived?
16 A. Yes. He gave me a number on Dalton Road. The number I
17 don’t remember.
18 Q. Did you note it in your report?
19 A. Yes, because I took notes for that.
20 Q. Did he say what he had been doing in Fayetteville, North
21 Carolina?
22 A. Yes. He said he was operating a small business of flyers
23 and menus for small restaurants, but business was really slow
24 at that time. Then he decided to move out of Fayetteville, and
25 he told me in July of 1998, he came to Florida and moved to

RICHARD A. KAUFMAN, CMRR

2209

1 Florida.
2 Q. Did he say anything about what happened after he had moved
3 to Florida in July of 1998?
4 A. Yes. He mentioned on the statement that he met a person
5 from Puerto Rico in a discoteque. His name was Luis Medina and
6 that he moved with Luis Medina to an apartment 1776 Polk Street
7 in Hollywood.
8 Q. Did he say anything about what Mr. Luis Medina supposedly
9 did?
10 A. Yes. He was a shoe salesman.
11 Q. Did you ask him anything about his business activity during
12 his stay in Florida?
13 A. Yes. He said he was not working. He was thinking about
14 establishing a business, a small printing business or
15 promotional business, but he was living from his savings.
16 Q. Did he say where his savings were kept or if he had any
17 bank accounts?
18 A. I asked about that and he said he didn’t have any bank
19 accounts, no.
20 Q. You also told us a moment ago that you noted some personal
21 information at the end of the interview; is that correct?
22 A. Yes.
23 Q. For instance, did you know his name?
24 A. Yes, his name was there, his height, his weight. I asked
25 for a social security number, driver’s license number we

RICHARD A. KAUFMAN, CMRR

2210

1 already had. His mother’s name, father’s name, address.
2 Q. What about a phone number?
3 A. Yes, there was a phone number there too.
4 Q. Do you today recall of your own recollection what that
5 social security number was?
6 A. No.
7 Q. Did you note it in your report?
8 A. I wrote it down there, yes.
9 Q. The report that you wrote, was that made at or about the
10 time of this interview?
11 A. The same time of the interview I was taking notes.
12 Q. Were those notes embodied in a typed report?
13 A. Exactly.
14 Q. Was that typed report made about the time of the interview
15 within a few days?
16 A. Right after the interview.
17 Q. Was that typed report a true memorandum?
18 A. Yes, it is, of what he said on that date.
19 MS. MILLER: I am going to show an item to this
20 witness. I haven’t marked it yet. I will mark it for
21 identification purposes as 741C. That will have to be an ad
22 on.
23 BY MS. MILLER:
24 Q. Agent, I am showing you 741C. Is that your report?
25 A. Yes.

RICHARD A. KAUFMAN, CMRR

2211

1 Q. That is the report you have just been telling us about?
2 A. Yes, ma’am.
3 Q. Did that report include some of the details such as the
4 social security number and some of these addresses you don’t
5 personally recall right now?
6 A. Yes, ma’am.
7 Q. For instance, does that report state social security number
8 that Mr. Campa gave you that day?
9 A. Yes, ma’am.
10 Q. Did he give you that from a paper or from memory?
11 A. From memory.
12 Q. What social security number did he give you?
13 MR. MENDEZ: I will object to the reading of the
14 document unless it is in evidence. He can use it to refresh
15 recollection.
16 THE COURT: Sustained.
17 MS. MILLER: Your Honor, I am offering this portion of
18 the document only as a recorded recollection pursuant to
19 Federal Rule of Evidence
20 THE COURT: You are offering the number itself?
21 MS. MILLER: I am not offering the document.
22 THE COURT: Just the number?
23 MS. MILLER: Yes, that social security number and some
24 similar specific items pursuant to 803(5) recorded
25 recollection.

RICHARD A. KAUFMAN, CMRR

2212

1 MR. MENDEZ: I object. That requires personal
2 knowledge of the individual that is recorded in that document.
3 MS. MILLER: The personal knowledge is the personal
4 knowledge of the statement the defendant made.
5 THE COURT: The objection is overruled under 803(5.)
6 I will allow the answer to be read into the record.
7 BY MS. MILLER:
8 Q. Agent, would you tell us please what is written in your
9 report as the social security number that the defendant told
10 you that day?
11 A. 240 77 4930.
12 Q. Agent, would you also tell us, please, looking at the first
13 page, what was the name of the place that he said had been his
14 address in Mexico City?
15 A. When he moved back
16 Q. Please don’t read us anything else except the actual
17 address that appears on the next line?
18 A. Calle Vicente Suarez, Number 153.
19 Q. C A L L E V I C E N T E S U A R E Z and Number 153?
20 A. Yes, ma’am.
21 Q. Could you also tell us, please, the name of the company
22 that he said he worked for in Mexico City?
23 A. Bancay Comercio Editorial.
24 Q. Finally, agent, could you tell us the address that he gave
25 for that company in Mexico City?

RICHARD A. KAUFMAN, CMRR

2213

1 A. Paseo de la Reforma 202 Mexico City.
2 Q. Agent, approximately
3 THE COURT: Ms. Miller, you will have the witness
4 spell these items otherwise they will not be reflected
5 accurately in the record.
6 Q. Agent, could you spell that last address, Paseo de la
7 Reforma?
8 A. P A S E O D E L A R E F O R M A.
9 Q. Then the number 202?
10 A. 202.
11 Q. Agent, approximately how long did your interview with the
12 defendant last?
13 A. It was about 25 minutes, probably a little more.
14 Q. What happened when that interview finished?
15 A. When the interview finished, we stayed in the room with
16 Ruben, Bruce Batch and myself waiting for the documents to be
17 ready and transported him to Federal Detention in downtown,
18 Miami.
19 MS. MILLER: If I may have a moment, Your Honor?
20 THE COURT: Yes.
21 (Interruption.)
22 MS. MILLER: No further questions.
23 THE COURT: We will take an extended break at this
24 time since you did not have an earlier break. I apprieciate
25 your cooperation.

RICHARD A. KAUFMAN, CMRR

2214

1 Do not discuss this case amongst yourselves or anyone
2 else. Have no contact whatsoever with anyone associated with
3 the trial. Do not read or listen to anything touching on this
4 matter in any way. If anyone should try and talk to you about
5 this case, you must inform them you are sitting on the jury and
6 they may not speak to you about it and you should report it
7 directly to my staff.
8 Leave your notebooks on your chairs and be back in the
9 juryroom at 12:15. It is an extended break.
10 (Jury leaves room.)
11 THE COURT: Regarding the motion to intervene, I have
12 received responses from Mr. McKenna and I believe Mr. Mendez’
13 should be delivered to chambers at any moment. Should I be
14 expecting any other responses?
15 MR. McKENNA: I wanted to make sure. You did receive
16 mine?
17 THE COURT: Yes, I said I have your response.
18 MR. McKENNA: I didn’t know I delivered it yet.
19 THE COURT: I can tell you what happened in both
20 instances. There was a problem with your courier and I allowed
21 it to be faxed because I wanted to make sure it was received in
22 chambers since the hearing is this afternoon so we could begin
23 to work on it and in regard to yours, it was delivered minus a
24 page and it is coming back. I won’t tell you how I know all of
25 this.

RICHARD A. KAUFMAN, CMRR

2215

1 MR. MENDEZ: There is a principal case we are relying
2 on.
3 THE COURT: I believe it has been or will be
4 momentarily delivered to chambers. I will await it.
5 Are there any other responses I should be expecting
6 from any of the other defendants and the indication from the
7 government is, the government has no objection.
8 MS. MILLER: We did file a response anyhow.
9 THE COURT: 12:15. We are in recess.
10 (Thereupon a recess was taken, after which the
11 following proceedings were had.)
12 (Open court. Jury not present.)
13 THE COURT: United States of America versus Gerardo
14 Hernandez, et al. Case Number 98 721.
15 Would counsel state their appearances.
16 (All parties present.)
17 THE COURT: The witnesses are present using the aid of
18 the interpreters as needed.
19 Bring in the jurors.
20 (Jury present.)
21 THE COURT: You are still under oath, sir.
22 Thereupon
23
24 ANGEL BERLINGERI,
25 called as a witness herein, having been previously duly sworn,

RICHARD A. KAUFMAN, CMRR

2216

1 was examined and testified further as follows:
2 THE COURT: Mr. McKenna.
3 MR. McKENNA: No cross examination.
4 MR. NORRIS: No examination.
5 THE COURT: Mr. Mendez.
6 MR. MENDEZ: I have some questions.
7 THE COURT: You may proceed.
8 CROSS EXAMINATION
9 BY MR. MENDEZ:
10 Q. Sir, I believe you told us that your encounter with
11 Mr. Campa on the morning of September 12, 1998 was
12 non confrontational, is that the word you used?
13 A. Yes.
14 Q. Because Mr. Campa was cooperative with the authorities that
15 morning?
16 A. Yes.
17 Q. He was polite?
18 A. Yes.
19 Q. He did what he was told to do?
20 A. Yes.
21 Q. He didn’t give you any attitudinal problems?
22 A. No.
23 Q. You and the law enforcement agents who were there that day,
24 you were confrontational; weren’t you?
25 A. What do you mean? Can you explain it?

RICHARD A. KAUFMAN, CMRR

2217

1 Q. Isn’t it a fact, sir, you entered the apartment by using a
2 battering ram and knocking the door down?
3 A. Yes.
4 Q. Then there were five or six of you who stormed into the
5 apartment as a matter of fact?
6 A. Yes, sir.
7 Q. You had guns?
8 A. Yes.
9 Q. Didn’t you place Mr. Campa on the floor by his bed?
10 A. Yes, sir.
11 Q. With his face to the ground?
12 A. Right.
13 Q. And handcuff him behind his back?
14 A. Yes, yes.
15 Q. You did that as soon as you walked in and announced your
16 purpose; is that correct?
17 A. Yes, sir.
18 Q. You were asked a few questions about your interview with
19 Mr. Campa later that morning; correct?
20 A. Can you repeat the question?
21 Q. You were asked a few questions about your interview with
22 Mr. Campa later that morning?
23 A. Yes.
24 Q. Do you remember the conversation you had with him at the
25 FBI station?

RICHARD A. KAUFMAN, CMRR

2218

1 A. Yes.
2 Q. You seem to recall what he told you word for word almost
3 perfectly?
4 A. More or less.
5 MS. MILLER: Objection to form.
6 THE COURT: Sustained.
7 Rephrase your question.
8 BY MR. MENDEZ:
9 Q. This is a conversation you had with him over two years ago?
10 A. Yes.
11 Q. Were you testifying today as to that conversation based on
12 your memory or had you memorized the report as you had written
13 it?
14 A. I memorized it.
15 Q. I beg your pardon?
16 A. I didn’t memorize it.
17 Q. You are testifying based on what you remember that day?
18 A. Yes.
19 Q. You did read your report before you testified?
20 A. Sure.
21 Q. You did go over your report with Ms. Miller?
22 A. Yes, sir.
23 Q. Her questions were kind of line for line based on what was
24 on your report?
25 A. Yes.

RICHARD A. KAUFMAN, CMRR

2219

1 Q. Let me ask you a couple of questions about something else
2 that happened that day. Early in the morning when you arrested
3 Mr. Campa you were asked about the driver’s license that I
4 think you said was provided that morning?
5 A. Uh huh, yes.
6 Q. The best you can recall is that it was provided that
7 morning?
8 A. I don’t remember. At that time it was a matter of seconds
9 what happened. I really don’t remember how the driver’s
10 license came out to our possession, yes.
11 Q. You don’t recall whether you pulled it out of the wallet
12 yourself?
13 A. No.
14 Q. And you don’t recall whether Mr. Campa pulled it out of the
15 wallet himself?
16 A. No, sir.
17 Q. You don’t recall whether it came out of the wallet at all,
18 do you?
19 A. No, sir.
20 Q. You have no idea how that driver’s license ended up in your
21 hands?
22 A. I don’t remember.
23 MR. MENDEZ: At this time I would renew my earlier
24 objection to the introduction of that item.
25 That is all the questions I have.

RICHARD A. KAUFMAN, CMRR

2220

1 MS. MILLER: There was no objection to that item.
2 THE COURT: Come up.
3 (Side bar.)
4 THE COURT: What objection?
5 MR. MENDEZ: When it was offered and based on the
6 direct testimony where he said he found it, I couldn’t in all
7 fairness object. If he said he found it on cross examination
8 it is clear he doesn’t know how it came up so I think it is
9 incumbent upon me the remove my objection. His testimony on
10 cross is different from his testimony on direct. I couldn’t
11 say based on his direct testimony it was an improper
12 foundation.
13 MS. MILLER: Your Honor, when I offered it in
14 evidence, there was no objection voiced, there was no effort to
15 voir dire the witness. Once an item is entered into evidence
16 without objection, on cross examination he may raise issues
17 that he feels creates some question in the jury’s mind but he
18 cannot create an objection to an item of evidence in cross
19 examination when it hasn’t been voiced when the item was
20 offered in evidence.
21 THE COURT: I have to agree with counsel for the
22 government. You could have voir dired the witness as to the
23 foundation. There was no objection at the time that had been
24 previously made and the Court did not allow it on the basis of
25 no foundation. The foundation was offered. You indicated in

RICHARD A. KAUFMAN, CMRR

2221

1 fact you had no objection and now this would go to the weight
2 the jury should give it.
3 The objection is overruled.
4 I have a question to ask of both Mr. McKenna and
5 Mr. Blumenfeld. Your clients are sending notes back and forth.
6 Is this case related?
7 MR. McKENNA: Yes, it is always case related. We told
8 them they cannot talk over the rail, but we have notes going
9 back constantly about the case.
10 (Open court.)
11 MR. BLUMENFELD: No questions, Your Honor.
12 MR. HOROWITZ: No questions.
13 THE COURT: Redirect, Ms. Miller.
14 REDIRECT EXAMINATION
15 BY MS. MILLER:
16 Q. Agent Berlingeri, on cross examination you were asked if
17 you were armed. You didn’t have your guns drawn
18 MR. MENDEZ: Objection to the leading form of the
19 question.
20 THE COURT: Sustained.
21 BY MS. MILLER:
22 Q. What did any of the agents do with their firearms at the
23 time of the arrest?
24 A. I can talk for myself. At the time of the arrest my gun
25 was in my holster.

RICHARD A. KAUFMAN, CMRR

2222

1 Q. Is that where it stayed?
2 A. During the arrest?
3 Q. Yes.
4 A. Yes, ma’am.
5 Q. You were asked about whether your testimony matched your
6 report; do you recall that? Do you recall being asked that on
7 cross examination?
8 A. That my testimony matched my report, yes.
9 Q. Was your report true?
10 A. Yes.
11 Q. Was your testimony true?
12 A. Yes, ma’am.
13 MS. MILLER: No further questions.
14 THE COURT: You may step down, sir.
15 (Witness excused.)
16 THE COURT: Call your next witness.
17 MR. BUCKNER: The United States calls Special Agent
18 James Harris.
19 Thereupon
20
21 JAMES HARRIS,
22 called as a witness by the Government, having been first duly
23 sworn, testified as follows:
24 DIRECT EXAMINATION
25 BY MR. BUCKNER:

RICHARD A. KAUFMAN, CMRR

2223

1 Q. Tell the ladies and gentlemen of the jury your name and
2 where you work?
3 A. James Harris, Jr., Special Agent with the FBI.
4 Q. For how long?
5 A. A little over five years.
6 Q. What did you do before you worked for the FBI?
7 A. I worked for a software company as a programmer trainer and
8 technical support person.
9 Q. Are you currently stationed in Miami or somewhere else?
10 A. I am currently stationed in the Louisville division.
11 Q. How long have you been there?
12 A. About a year and a half.
13 Q. What is your job title at the FBI?
14 A. I am a special agent but I have a specialty of computer
15 analysis and response team. We collect and analyze and do
16 courtroom presentation of digital evidence seized by agents
17 during the course of FBI investigations.
18 Q. Prior to your being stationed in Louisville, were you
19 stationed in the Miami, Florida area?
20 A. Yes.
21 Q. How long were you here?
22 A. Approximately three years.
23 Q. Were you here during the month of September of 1998?
24 A. Yes, I was.
25 Q. Drawing your attention to that time period, specifically

RICHARD A. KAUFMAN, CMRR

2224

1 September 12, 1998, were you involved were you working that
2 day?
3 A. Yes, I was.
4 Q. What were you doing?
5 A. I was assigned to a search team that was we were going
6 to do a search in Big Pine Key, Florida.
7 Q. What were you planning on searching?
8 A. There was a residence located at 3061 Poinciana we were
9 assigned to search.
10 Q. Whose residence was that?
11 A. A residence of Antonio Guerrero and Margaret Becker.
12 Q. Did you go down to the residence at Big Pine Key in the
13 morning or afternoon?
14 A. I believe we arrived in the morning, approximately 6 a.m.
15 Q. What did you do when you got there?
16 A. Waited.
17 Q. What were you waiting for?
18 A. We did not have a search warrant signed at the time so we
19 were waiting for the search warrant to be signed.
20 Q. At this point you were still outside the residence?
21 A. Yes.
22 Q. At some point did you receive word that defendant Guerrero
23 had been arrested?
24 A. Yes, we did.
25 Q. What then did you do?

RICHARD A. KAUFMAN, CMRR

2225

1 A. Waited some more.
2 Q. By the way, were you involved in the arrest of defendant
3 Guerrero?
4 A. No, I was not.
5 Q. Did you later receive word that defendant Guerrero had
6 consented to the search of another residence?
7 A. We did.
8 Q. What residence was that?
9 A. 1504 South Street located in Key West, Florida.
10 MR. BUCKNER: I have a stipulation not on the exhibit
11 list but it is Government’s Exhibit 850. If I could read it
12 into the record and publish it to the jury as a stipulation of
13 the parties.
14 THE COURT: You may. It will be admitted as
15 Government’s Exhibit 850. It is a written stipulation and the
16 defendants have seen it and signed it.
17 MR. BUCKNER: And signed by all their counsel.
18 THE COURT: It is admitted.
19 (A document was received in
20 evidence as Government’s Exhibit 850.)
21 THE COURT: You may publish it to the jury.
22 MR. BUCKNER: I will read it. The United States and
23 defendants Antonio Guerrero stipulate and agree to the
24 following as fact. 1, on September 12, 1998, Special Agent
25 Angel Berlingeri of the Federal Bureau of Investigation sought

RICHARD A. KAUFMAN, CMRR

2226

1 and received permission from defendant Antonio Guerrero to
2 search Guerrero’s residence located at 1405 South Street Key
3 West, Florida. Thereupon defendant Guerrero signed the consent
4 to search form identified as Government’s Exhibit 716. So
5 stipulated the 13th day of December 2000.
6 At the same time I would move into evidence
7 Government’s 716 the consent to search form in the Spanish
8 language signed by Antonio Guerrero.
9 MR. BLUMENFELD: No objection.
10 THE COURT: It will be admitted as Government’s
11 Exhibit 716.
12 (A document was received in
13 evidence as Government’s Exhibit 716.)
14 MR. BUCKNER: May I publish it?
15 THE COURT: Yes.
16 BY MR. BUCKNER:
17 Q. After you received word that defendant Guerrero had
18 consented to search his residence at 1504 South Street in Key
19 West, what then did you do?
20 A. We all went down to that residence in Key West.
21 Q. Did you leave agents behind to secure the residence at Big
22 Pine Key?
23 A. Yes, we did.
24 Q. Did you go directly to the residence on 1504 South Street?
25 A. Yes, I did.

RICHARD A. KAUFMAN, CMRR

2227

1 Q. You didn’t stop along the way at any other locations to
2 gather evidence?
3 A. We went to the residence then back to the Naval Air Station
4 which we received word that Mr. Guerrero also gave a consent to
5 search.
6 Q. The Naval Air Station, is that a facility located in Key
7 West?
8 A. Boca Chica I believe that is in Key West.
9 MR. BUCKNER: At this point I have another addition to
10 the Exhibit list, 851, another stipulation signed by the
11 parties.
12 THE COURT: It will be admitted as Government’s
13 Exhibits 851, a written stipulation.
14 (A document was received in
15 evidence as Government’s Exhibit 851.)
16 MR. BUCKNER: The United States of America and
17 defendant Antonio Guerrero stipulate and agree to the following
18 as fact.
19 1, on September 12, 1998, Special Agent Anthony
20 Velasquez of the Federal Bureau of Investigation sought and
21 received permission from the defendant Antonio Guerrero to
22 search Guerrero’s locker located at Boca Chica Naval Air
23 Station Key West, Florida. 2, thereupon, defendant Guerrero
24 signed the consent to search form identified as Government’s
25 Exhibit 717.

RICHARD A. KAUFMAN, CMRR

2228

1 3, on September 12, 1998, Special Agent Salvatore
2 Hernandez of the FBI searched the locker of defendant Antonio
3 Guerrero at the Boca Chica Naval Air Station and recovered six
4 Polaroid photographs identified as Government’s Exhibit SLBC
5 101, so stipulated.
6 At the same time pursuant to the stipulation the
7 government moves into evidence Exhibit 717, defendant
8 Guerrero’s consent to search his locker and Exhibit SLBC 101
9 composite, the photographs.
10 MR. BLUMENFELD: So stipulated.
11 THE COURT: They will be admitted as Government’s
12 Exhibits 717and SLBC 101 composite.
13 (A document was received in
14 evidence as Government’s Exhibit SLBC 101.)
15 There was no objection to the SLBC?
16 MR. BLUMENFELD: No, Your Honor.
17 MR. BUCKNER: May I publish them to the jury?
18 THE COURT: You may.
19 BY MR. BUCKNER:
20 Q. Agent Harris, what did you do while the search of the
21 locker at Boca Chica Naval Air Station was being conducted?
22 A. I was waiting in the parking lot.
23 Q. How long did that search take?
24 A. Just a few minutes. Less than 15 minutes, I would say.
25 Q. After the search was completed, what then did you do?

RICHARD A. KAUFMAN, CMRR

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1 A. Return back to the 1504 South Street residence.
2 Q. Had a search begun there or were they waiting for you to
3 begin the search?
4 A. They weren’t waiting for me. I don’t think they had
5 started the search yet.
6 Q. Do you recall roughly what time of the day, morning,
7 afternoon, they started the search pursuant to defendant
8 Guerrero’s consent?
9 A. I have to consult my search log.
10 Q. Go ahead.
11 A. It looks like we began taking initial photos of the
12 residence at 3:10 p.m.
13 Q. In addition to taking photos of the residence, did someone
14 prepare a sketch or diagram of the residence?
15 A. Yes.
16 Q. For what purpose is a sketch or diagram in these
17 photographs made?
18 A. So we would know the location of items that were found
19 years down the line.
20 Q. I am handing you what has been marked SLKW 106 and SLKW
21 105A K. Can you tell me if you recognize those?
22 A. Yes, I do.
23 Q. Let’s start with SLKW 106. What is that?
24 A. A sketch of the residence located at 1604 South Street.
25 Q. In Key West?

RICHARD A. KAUFMAN, CMRR

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1 A. Yes.
2 MR. BUCKNER: I would move SLKW 106 in evidence.
3 MR. BLUMENFELD: No objection.
4 THE COURT: It will be admitted as SLKW 106.
5 (A document was received in
6 evidence as Government’s Exhibit SLKW 106.)
7 BY MR. BUCKNER:
8 Q. Will you look at the photographs next to you?
9 A. Okay.
10 Q. Do you recognize those photographs?
11 A. Yes.
12 Q. What are they photographs of?
13 A. These would be the photographs of the residence located at
14 1504 South Street in Key West.
15 Q. Do they fairly and accurate represent that residence as you
16 saw it on September 12, 1998?
17 A. Yes, they do.
18 MR. BUCKNER: I move into evidence as SLKW 105A K and
19 the enlargements 105A 1 K1.
20 THE COURT: They will be admitted as 105A through K
21 and 105A1 through K1.
22 (A document was received in
23 evidence as Government’s Exhibit 105A K, 105A1 K1.)
24 BY MR. BUCKNER:
25 Q. Agent Harris, would you describe the residence as you saw

RICHARD A. KAUFMAN, CMRR

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1 it that day, just sort of a general description?
2 A. A one room efficiency.
3 Q. Displayed up on the screen perhaps not.
4 You can see it, Agent Harris. Is this schematic here
5 the layout of that residence at 1504 South Street?
6 A. Yes, it is.
7 Q. On the schematic, there are a number of areas that are
8 assigned numbers. Were those numbers assigned by the people
9 doing the search with the FBI?
10 A. Yes, they were.
11 Q. For what purpose were those numbers assigned?
12 A. They preserve the location of different items located
13 inside the residence.
14 Q. Showing you what has been marked SLKW 101. Was that item
15 taken during the search of the 1504 South Street residence on
16 September 12, 1998?
17 A. Yes, it was.
18 Q. Is that item in the same or substantially the same
19 condition as it was when it was taken that day?
20 A. Yes, it is.
21 MR. BUCKNER: At this time the government moves in
22 SLKW 101 in evidence.
23 THE COURT: It will be admitted as SLKW 101.
24 (A document was received in
25 evidence as Government’s Exhibit SLKW 101.)

RICHARD A. KAUFMAN, CMRR

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