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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

UNITED STATES OF AMERICA 5 6 V. 7 FLEMING M. DANIELS, 8 DEFENDANT. 9 10 11 12 13 14 15 FOR THE DEFENDANT: 16 17 18 19 20 21 22 23 24 25 COURT REPORTER: APPEARANCES OF COUNSEL: FOR THE GOVERNMENT:

) ) ) ) ) ) ) ) )

DOCKET NO. 1:07-CR-233 ATLANTA, GEORGIA JUNE 11, 2008

VOLUME 1 TRANSCRIPT OF JURY TRIAL BEFORE THE HONORABLE ORINDA D. EVANS, UNITED STATES DISTRICT JUDGE

ROBERT C. MCBURNEY CASSANDRA J. SCHANSMAN DENNIS C. O'BRIEN

ANDY ASHLEY 1949 U. S. COURTHOUSE ATLANTA, GEORGIA 30303-3361 (404) 215-1478

PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY, TRANSCRIPT PRODUCED BY COMPUTER.

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2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S (ATLANTA, FULTON COUNTY, GEORGIA; JUNE 11, 2008 IN OPEN COURT.) (A JURY WAS SELECTED JUNE 10, 2008.) THE COURT: YOU READY? MR. MCBURNEY: MR. O'BRIEN: THE COURT: OPENING STATEMENTS? MR. MCBURNEY: MR. O'BRIEN: YES. YES, MA'AM. DO YOU CUSTOMARILY GIVE AN YES, JUDGE. WE'RE READY, MA'AM. GOOD MORNING. ALL RIGHT, COUNSEL, ARE

ARE YOU READY THEN TO PROCEED ON TO THE

OPENING CHARGE TO THE JURY? THE COURT: COMPLICATED CASE. MR. O'BRIEN: OKAY. I USUALLY DON'T UNLESS IT'S A VERY

(JURY PRESENT) THE COURT: GOOD MORNING, LADIES AND GENTLEMEN.

WOULD YOU SWEAR THE JURY PLEASE. (JURY SWORN) THE COURT: MEMBERS OF THE JURY, WE'RE READY NOW TO

BEGIN WITH THE OPENING STATEMENTS OF COUNSEL, AND THE GOVERNMENT HAS THE FIRST OPENING STATEMENT. MR. MCBURNEY. MR. MCBURNEY: THANK YOU, JUDGE. GOOD MORNING. IN

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SAY. CASE. CASE YOU'VE ALREADY FORGOTTEN, I'M ROBERT MCBURNEY. THIS IS

CASSANDRA SCHANSMAN, COCOUNSEL, MY PARTNER, AND THIS IS SPECIAL AGENT JACK HARVEY. THE PURPOSE OF THE OPENING STATEMENT IS TO BEGIN TO ANSWER QUESTIONS YOU ALL MAY HAVE. DEFENDANT DANIELS CHARGED WITH? PROVE ITS CASE? WHY AM I HERE? WHAT IS

HOW IS THE GOVERNMENT GOING TO

WHAT IS THE EVIDENCE?

ONE OF THE INTERESTING THINGS ABOUT THE AMERICAN JUSTICE SYSTEM IS THAT ESPECIALLY THE LAWYERS WHO ALREADY HAVE ALL THE INFORMATION WHO GET TO ASK THE QUESTIONS OF THE WITNESSES. YOU DON'T GET TO ASK ANY QUESTIONS. THERE WON'T BE

A TIME WHEN WE'RE DONE WITH WITNESS "A" AND THE JUDGE SAYS OKAY, JURORS, DO YOU HAVE ANY QUESTIONS OF THIS WITNESS. YOU ARE THE FACT FINDERS. YOU ARE THE ONES WHO WILL

DECIDE IN THE END WHAT REALLY HAPPENED IN THIS CASE, BUT YOU DON'T GET TO ASK ANY QUESTIONS. THE GOVERNMENT WILL CALL WE'VE MET

WITNESSES AND WE'LL ASK QUESTIONS OF THOSE WITNESS.

THOSE WITNESSES BEFORE AND WE HAVE A ROUGH IDEA OF WHAT THEY'RE GOING TO SAY. MR. O'BRIEN HAS A ROUGH IDEA OF WHAT THEY'RE GOING TO HE'S BEEN GIVEN REPORTS AND HE HAS EVIDENCE FROM THE WE'RE TRYING TO SHARE WITH YOU THE FACTS OF THE CASE

AGAINST MR. DANIELS BY ASKING QUESTIONS ON YOUR BEHALF. WHAT I WANT TO DO DURING THIS OPENING IS START TO ANSWER SOME OF THOSE. THE THREE THAT I WANT TO COVER ARE WHAT

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IS DEFENDANT DANIELS CHARGED WITH, WHAT IS THE EVIDENCE THAT THE GOVERNMENT INTENDS TO SHARE WITH YOU AND HOW WILL THE GOVERNMENT SHARE THAT EVIDENCE WITH YOU. I HAVE SOME SLIDES HERE THAT WILL GUIDE US ALONG IF WE CAN MAKE THIS WORK. TECHNOLOGY IS ALWAYS A BIT OF A GAMBLE

HERE, BUT WE'LL SEE IF WE CAN GET IT GOING. DEFENDANT DANIELS IS CHARGED IN THE INDICTMENT, AND YOU WILL GET A COPY OF THE INDICTMENT AT THE END OF THE PROCEEDINGS, WITH TWO THINGS. HE'S CHARGED IN TWO COUNTS. THE

FIRST COUNT HE'S CHARGED IN IS A COCAINE DISTRIBUTION CONSPIRACY. WHAT THAT MEANS IS THAT THE GOVERNMENT HAS ALLEGED THAT DEFENDANT DANIELS WAS PART OF A GROUP, AND THAT GROUP HAD A PURPOSE, AND ITS PURPOSE WAS TO DISTRIBUTE COCAINE. DISTRIBUTE IS THE LEGAL TERM THAT CAN MEAN SELL. TRANSPORT. IT CAN MEAN

IT MEANS MOVING THE DRUGS IN SOME WAY FROM A TO B. YOU TRANSPORT IT. YOU'LL HEAR ABOUT EVIDENCE OF

YOU SELL IT.

ALL THESE THINGS HAPPENING. BUT WHAT'S NOT PART OF THE COCAINE CONSPIRACY ALLEGATION IS THAT DEFENDANT DANIELS HAD TO TOUCH THE DRUGS. THAT HE IN FACT HAD TO DISTRIBUTE THEM. YOU ARE PART OF THE

CONSPIRACY IF YOU'RE PART OF THAT GROUP, AND THE EVIDENCE YOU'RE GOING TO HEAR DURING THE COURSE OF THIS TRIAL IS THAT WHILE THERE ARE A FEW INSTANCES IN WHICH DEFENDANT DANIELS DID DISTRIBUTE DRUGS, BY AND LARGE HIS ROLE WASN'T THE GUY WHO

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OPENING. UNLOADED THE TRAP VEHICLE THAT ARRIVED WITH 150 KILOS OF COCAINE, BRICKS OF COCAINE. I'LL ALSO HELP WITH SOME TERMINOLOGY DURING THE MOST OF THE WITNESSES WHO WILL BE TALKING TO YOU WHO

WERE PART OF THIS CONSPIRACY OR KNEW ABOUT THE CONSPIRACY REFER TO COCAINE IN UNITS OF BRICKS OR KILOS OR KEYS. KILOGRAM QUANTITY. THAT'S A

SO IF YOU ARE HEAR SOMEONE SAY HE HAD THREE

BRICKS, I GOT TWO BRICKS FROM HIM, I GOT TWO KEYS, THAT'S A KILO, 2.2 POUNDS, EACH BRICK IS A KILO. SO THE FIRST THING THAT MR. DANIELS IS CHARGED WITH IS BEING PART OF THIS GROUP. BLACK MAFIA FAMILY. THIS GROUP KNOWN AS BMF, THE THAT'S WHAT BMF

THAT IS THE CONSPIRACY.

DID WAS DISTRIBUTE COCAINE. SHOW.

THAT'S WHAT THE EVIDENCE WILL

NOW, MR. DANIELS IS ALSO CHARGED WITH WHAT WE CALL LEGALLY A SUBSTANTIVE COUNT. NOT JUST BEING PART OF A GROUP

KNOWING WHAT THAT GROUP IS ABOUT BUT ALSO DOING SOMETHING SPECIFIC IN CONNECTION WITH COCAINE. HE'S CHARGED WITH ONE

COUNT OF POSSESSING WITH THE INTENT TO DISTRIBUTE OR DISTRIBUTING COCAINE. YOU WILL HEAR EVIDENCE DURING THE COURSE OF THE TRIAL THAT MR. DANIELS ON A NUMBER OF OCCASIONS ACTUALLY HAD SOME BRICKS OF COCAINE WITH HIM AND SOLD THEM TO SOMEONE. THE DISTRIBUTION COUNT. THAT'S

THAT'S WHERE THERE ACTUALLY IS I'VE

GOT THE BRICK, I GIVE YOU THE BRICK AND IN THIS CASE IN

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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TRIAL. OUTSET. EXCHANGE FOR MONEY. LOTS OF MONEY. YOU'RE GOING TO HEAR ABOUT

LOTS OF MONEY DURING THE COURSE OF THE TRIAL. NOW THE COCAINE CONSPIRACY, THE EVIDENCE THAT YOU'RE GOING TO HEAR ABOUT THE COCAINE CONSPIRACY IS THAT THE ORGANIZING STRUCTURE IS SOMETHING CALLED THE BLACK MAFIA FAMILY, BMF, HEADED UP BY A GUY NAMED MEECH OR MEECHIE, DEMETRIUS FLENORY. I FORGOT TO ANSWER ONE OF YOUR QUESTIONS AT THE CAN I TAKE NOTES? YES, PLEASE TAKE NOTES. THERE ARE

NO DO-OVERS.

YOU ALL DON'T GET TO SAY AT THE END OF THE TRIAL

CAN YOU PUT THAT GUY BACK ON THE STAND AND ASK HIM SOME QUESTIONS AGAIN. THE PROCEEDINGS. IT'S YOUR RECOLLECTION OF WHAT OCCURRED DURING THE SO YOU DON'T HAVE TO TAKE NOTES. THE JUDGE ISN'T GOING YOU WILL NOT HAVE ACCESS TO A TRANSCRIPT OF

TO ORDER YOU TO TAKE NOTES, BUT YOU ARE ALLOWED TO TAKE NOTES TO REFER TO THOSE TO ASSIST YOU IN YOUR DELIBERATIONS. SO YOU'LL HEAR ABOUT DEMETRIUS FLENORY AND THE BLACK MAFIA FAMILY, AND YOU'LL ACTUALLY SEE THAT DEFENDANT DANIELS HAS A BMF 4 LIFE TATTOO ON HIS ARM. HE WAS PART OF THE BMF.

THE BMF DID ITS COCAINE CONSPIRACY, RAN ITS COCAINE CONSPIRACY IN THE FOLLOWING WAY. PART. WE'RE FOCUSING ON THE ATLANTA

YOU'LL HEAR A BIT ABOUT HOW BMF WAS ACTUALLY IN THERE'S A LOS ANGELES CONNECTION. THIS IS THE

DETROIT.

ATLANTA PEOPLE.

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7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IT. WHAT WOULD HAPPEN THE EVIDENCE WILL SHOW IS THAT USUALLY LIMOUSINES, STRETCH LIMOUSINES, HUMMERS, LINCOLN TOWN CAR LIMOUSINES WILL PULL INTO A LOCATION, AND YOU'LL HEAR ABOUT A PLACE CALLED THE GATE. YOU'LL HEAR ABOUT A PLACE CALLED

SPACE MOUNTAIN, AND THESE LIMOS WOULD PULL IN, NO PASSENGERS ON BOARD, BUT THESE LIMOS HAD WHAT WE CALL TRAPS. TRAPPED VEHICLE. AND A TRAP IS A HIDDEN COMPARTMENT. YOU CAN'T SEE THAT'S THE

IF YOU WERE A PASSENGER IN THE LIMO YOU'D SAY THIS IS A

NICE, POSH LIMO, IT'S GOT A LITTLE BAR AND YOU CAN HAVE A DRINK AND MAYBE THERE'S A TV, A FLAT SCREEN TV IN IT, BUT WHAT YOU DON'T REALIZE IS THAT THE SEAT YOU'RE ON IF YOU DO THE RIGHT COMBINATION TURN ON THE AIR CONDITIONING, CLICK THE LOCK, WAVE A MAGNET ON THIS PART OF THE FRONT PANEL, THE SEAT LIFTS UP OR SOME COMPARTMENT OPENS UP. AND WHAT YOU'LL HEAR ABOUT FROM WITNESSES IS THAT WHEN THOSE LIMOS PULLED INTO THE GATE OR SPACE MOUNTAIN OR THE HORSE RANCH, THESE ARE ALL NAMES THAT WERE GIVEN TO ACTUAL HOMES HERE IN ATLANTA, YOU WILL SEE PICTURES OF THOSE HOMES, THOSE COMPARTMENTS WERE FILLED WITH BRICKS, KEYS, WHAT THEY CALL WORK, THE COCAINE, HUNDREDS OF KILOS OF COCAINE. AND NOT MR. DANIELS BUT OTHER MEMBERS OF THE BMF, OTHER MEMBERS OF THE CONSPIRACY WOULD UNPACK THOSE TRAPS AND PUT THE COCAINE IN ONE OF THESE STASH HOUSES, AND SOON THEREAFTER THE CUSTOMERS WOULD START SHOWING UP. NOT MR.

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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DANIELS' CUSTOMERS DIRECTLY BUT CUSTOMERS OF HIS CONSPIRACY, AND YOU'LL HEAR FROM SOME OF THOSE CUSTOMERS. THE CUSTOMERS WOULD SHOW UP, AND YOU DON'T PAY YOU DON'T GET. THEY SHOW UP WITH LOTS OF CASH. YOU DON'T BUY

COCAINE WITH CREDIT CARDS. GET COCAINE.

YOU DON'T WRITE A PERSONAL CHECK TO

YOU SHOW UP WITH COLD HARD CASH.

SO YOU'LL HEAR TESTIMONY OF PEOPLE WHO ROUTINELY WERE COUNTING 3, 4 MILLION DOLLARS IN CASH WHEN THEY MOVED ALL THAT COCAINE OUT OF THE STASH HOUSE. ALL THAT'S LEFT WERE DRUG

WRAPPERS AND A WHOLE LOT OF CASH. WHAT WOULD HAPPEN WITH THAT CASH? YOU'LL HEAR FROM

THESE WITNESSES THAT THE CASH GETS PUT BACK IN THE SAME TRAPS AND THE LIMO LEAVES ATLANTA TO GO WHEREVER IT GOES. YOU WILL ALSO HEAR A COMMON THEME FOR THE MEMBERS OF THIS BMF CONSPIRACY IS THAT MANY, MANY OF THEM INCLUDING DEFENDANT DANIELS WENT TO NASHVILLE, TENNESSEE TO GET A FAKE TENNESSEE DRIVER'S LICENSE. NOW I SAY FAKE. THAT'S VALID THE LANGUAGE UP THERE THEY WERE VALID

THAT DESCRIBES THESE DRIVER'S LICENSES. LICENSES.

IF YOU WERE PULLED OVER AND THE POLICE OFFICER SAID

LET ME SEE YOUR DRIVER'S LICENSE, IT WOULD HAVE YOUR PHOTO ON IT BUT NOT YOUR NAME. IT WOULD SAY JAMES SMITH WITH A SOCIAL

SECURITY NUMBER AND ADDRESS THAT REALLY EXISTS. THE OFFICER WOULD RUN THAT LICENSE AND IT WOULD COME BACK VALID. THERE'S A JAMES SMITH WITH THIS DRIVER'S LICENSE,

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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AND YOU'D BE ON YOUR WAY, BUT THE NAME ON THE DRIVER'S LICENSE WASN'T FLEMING DANIELS. YOU'LL SEE A SHAMEER MOORE TENNESSEE YOU'LL HEAR

DRIVER'S LICENSE WITH THE DEFENDANT'S FACE ON IT. HOW HE GOT THAT.

THERE WAS A PAUL JACKSON TENNESSEE DRIVER'S LICENSE, AND SOME OF THE OTHER PEOPLE WHO WILL COME IN AND TESTIFY SAYING I WAS PART OF THIS BMF CONSPIRACY WHO WILL SAY I HAD THE SAME THING. THAT WAS ONE OF THE BMF SIGNATURES THE TENNESSEE

DRIVER'S LICENSE, AND YOU'LL HEAR FROM THE EMPLOYEE OF THE TENNESSEE DMV WHO ACTUALLY WAS IN ON THE FRAUDULENT SCHEME. SHE WILL TELL YOU HOW IT WORKED. THE OTHER CHARGE THAT MR. DANIELS FACES AS I MENTIONED IS A DISTRIBUTION COUNT. THE EVIDENCE THAT YOU WILL

HEAR CONCERNING THIS DEFENDANT MR. DANIELS' DISTRIBUTION AS OPPOSED TO THE CONSPIRACY'S DISTRIBUTION, BMF DISTRIBUTION, THERE'S A GUY NAMED GINO ALSO KNOWN AS 456 PERSONAL, A PERSONAL FRIEND OF MR. DANIELS. GINO WILL BE HERE AND GINO WILL TELL YOU THAT ON 3, 4 MAYBE 5 OCCASIONS HE BOUGHT A COUPLE OF BRICKS FROM DEFENDANT DANIELS. NOT THROUGH AN INTERMEDIARY, NOT THROUGH SOME GUY

NAMED RICKY, BUT IT WAS SUPPOSEDLY THE DEFENDANT'S BRICKS DIRECTLY FROM THE DEFENDANT. MANY OF THE WITNESSES WILL REFER TO DEFENDANT DANIELS BY HIS NICKNAME IN THE BMF, HIS MONIKER, WHICH IS ILL, I L L. THAT'S HOW THEY KNEW HIM. THERE MAY BE SOME WITNESSES WHO WILL

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10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EVIDENCE. SAY I KNOW ILL REAL WELL AND WILL DESCRIBE ALL SORTS OF THINGS THEY DID WITH ILL AND MAYBE EVEN IDENTIFY DEFENDANT DANIELS BUT THEY'RE NOT GOING TO KNOW HIS REAL NAME BECAUSE HIS DRIVER'S LICENSE DIDN'T HAVE HIS REAL NAME, BUT IF YOU HEAR ILL, SOMEONE REFERRING TO AN ILL THAT'S DEFENDANT DANIELS. MR. HAMILTON WILL TELL YOU THAT HE BOUGHT THESE KILOS FROM DEFENDANT DANIELS. HE HAD A CUSTOMER UP IN VIRGINIA. THE

KILOS WOULD BE SHIPPED UP TO VIRGINIA.

MR. HAMILTON WOULD GO

TO VIRGINIA TO GET THE MONEY, BRING IT BACK AND GIVE THE MONEY TO DEFENDANT DANIELS. HE TYPICALLY HAD TO PAY HIM HALF UP FRONT AND HALF ON THE BACK END. AFTER HE SOLD THE KILOS IN VIRGINIA, THEN HE'D

GIVE THE REMAINING 18,000 DOLLARS IN CASH TO DEFENDANT DANIELS. NOW, THAT'S WHAT THE EVIDENCE WILL BE. SECOND QUESTION. THAT'S THE

YOU'VE HEARD ABOUT WHAT DEFENDANT DANIELS IS

CHARGED WITH, THE BMF COCAINE CONSPIRACY AND THE EVIDENCE THAT WILL BE OUT THERE. PEOPLE WHO WILL TELL YOU HOW BMF WORKED.

PEOPLE WHO WERE PART OF BMF AND THEIR DRUG DISTRIBUTION, AND YOU'LL HEAR ABOUT THE SPECIFIC DRUG DEALS IN WHICH MR. DANIELS DIRECTLY PARTICIPATED. HOW DO WE DO THAT? ME TELLING YOU THIS ISN'T

NOTHING THAT COMES OUT OF MY MOUTH, MS. SCHANSMAN'S THE EVIDENCE IS,

MOUTH, EVEN MR. O'BRIEN'S MOUTH IS EVIDENCE.

THE JUDGE WILL INSTRUCT YOU ON IT, WHAT THE WITNESSES SAY AND

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11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THEN EXHIBITS, PHOTOS OR TANGIBLE ITEMS THAT THE JUDGE ADMITS INTO EVIDENCE THAT WE TENDER OR MR. O'BRIEN TENDERS. THE EVIDENCE. SO HERE'S HOW YOU WILL GET THAT EVIDENCE. BE WITNESSES. THERE WILL THAT'S

THERE WILL BE ACTUAL BMF WORKERS, AND BY THAT I

MEAN THERE WILL BE SOMEONE WHO WILL TELL YOU I UNLOADED THESE LIMOS, TOOK THE BRICKS OUT, I COUNTED THE CASH, PUT THE CASH IN. THERE WILL BE PEOPLE WHO WILL TELL YOU WHAT HAPPENED TO SOME OF THAT CASH. HIM A FERRARI. I GOT A FERRARI FOR MR. DANIELS. I GOT

HE DIDN'T BUY IT OUTRIGHT.

IT WAS A LEASE, BUT

WE MET SOMEWHERE AND HE GAVE ME AN ENVELOPE WITH SO MANY THOUSANDS OF DOLLARS IN IT SO HE COULD DRIVE AROUND IN A FERRARI. THERE WILL BE BMF CUSTOMERS, AND BY THAT I MEAN PEOPLE WHO BOUGHT BMF COCAINE, AND THEY'LL TELL YOU I WENT TO THE GATE AND I'D SHOW THEM MY MONEY, THEY'D DO A QUICK COUNT, USUALLY THE CASH WAS BANDED IN 5,000 DOLLAR INCREMENTS. COUNT THE BANDS. HAVE TWO BRICKS. THEY'D

ALL RIGHT, THAT'S 40,000 DOLLARS. YOU CAN YOU GO TO THE NEXT ROOM. I GET MY DUFFLE BAG

WITH THE BRICKS AND I'M ON MY WAY. CUSTOMERS OF BMF.

YOU WILL HEAR FROM THESE

THERE WILL BE SOME LAW ENFORCEMENT WITNESSES.

YOU'LL

HEAR FROM SPECIAL AGENT JACK HARVEY AND A COUPLE OF OTHER FOLKS WHO WILL TELL YOU MORE ABOUT DEFENDANT DANIELS' INVOLVEMENT IN

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12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TO HEAR. BMF AND HIS DISTRIBUTION OF DRUGS. THERE WILL ALSO BE SOME EXHIBITS. THERE WILL BE

PHOTOGRAPHS OF MANY OF THE THINGS I JUST TOLD YOU ABOUT, SOME DOCUMENTS. WHAT THERE WILL NOT BE. HIDING THE BALL HERE. THERE

WILL NOT BE SITTING ON THIS TABLE THE BRICKS OF COCAINE THAT DEFENDANT DANIELS WAS SELLING TO GINO, TO 456. IN THE MARKETPLACE SOMEWHERE. THOSE ARE OUT

THERE WILL BE NO EVIDENCE OF WHEN HE WAS

DIRECT COCAINE SEIZURES FROM DEFENDANT DANIELS. ARRESTED IN THIS CASE, NO DRUGS. EVIDENCE.

THERE WON'T BE THAT DIRECT

YOU'LL HEAR IT FROM THE WITNESSES, THE CUSTOMERS, THE PEOPLE WHO BOUGHT FROM HIM. COCAINE SEIZURES. THERE WILL BE EVIDENCE ABOUT

THERE HAVE BEEN PLENTY OF COCAINE SEIZURES

FROM BMF CONSPIRATORS BUT NOT FROM MR. DANIELS. I WANT TO TALK ABOUT TWO TYPES OF PROOF YOU'RE GOING YOU'LL HAVE DIRECT EVIDENCE. THAT'S SOMEONE ON THE

STAND TELLING YOU I BOUGHT COCAINE FROM MR. DANIELS, THE DEFENDANT. I PAID HIM FOR THE COCAINE THAT I BOUGHT. THAT'S

THE DIRECT EVIDENCE YOU WILL HEAR. THERE IS INDIRECT PROOF AS WELL AND THE JUDGE WILL INSTRUCT YOU THAT YOU CAN CONSIDER THAT. CIRCUMSTANTIAL EVIDENCE. YOU CAN CONSIDER

THERE WILL BE LOTS OF EVIDENCE THAT 86,000 DOLLARS FOUND IN HIS

MR. DANIELS WAS AWASH IN CASH. HOME WHEN THERE WAS A FIRE.

HE'S PAYING FOR HIS FERRARI.

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13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PICTURES OF HIM WITH PILES OF MONEY IN FRONT OF HIM. THIS IS A

MAN WITH LOTS OF MONEY IN HIS HANDS WITH NO APPARENT LEGITIMATE SOURCE OF INCOME. NOW, I'VE TOUCHED UPON ONE ISSUE IN THIS CASE FOR THE GOVERNMENT, AND THAT IS THAT THERE ARE NO DIRECT SEIZURES OF COCAINE FROM DEFENDANT DANIELS. THERE ARE WITNESSES JUST AS

WELL THAT YOU NEED TO KNOW ABOUT BEFORE YOU START HEARING FROM THESE WITNESSES. YOU WILL HEAR FROM A CONVICTED MURDERER. SOMEONE WHO

WAS CONVICTED ELSEWHERE, GOT OUT OF JAIL AND JOINED THE BMF. YOU'RE GOING TO HEAR FROM A BUNCH OF DRUG DEALERS. BMF IS ALL ABOUT. THAT'S WHAT

IF YOU'RE IN BMF YOU'RE A DRUG DEALER.

YOU'LL HEAR FROM FRAUDSTERS, SOMEONE CONVICTED OF CHECK FRAUD. YOU'LL HEAR FROM THE WOMAN FROM THE DMV WHO HAS PLED GUILTY TO TAKING BRIBES TO ISSUE THESE FRAUDULENT TENNESSEE DRIVER'S LICENSES. THESE ARE ALL PEOPLE YOU WILL HEAR WHO ARE FRIENDS AND ASSOCIATES OR SOMEHOW CONNECTED TO DEFENDANT DANIELS. WE

BRING YOU THE WITNESSES WHO KNOW ABOUT WHAT DEFENDANT DANIELS DID. THERE WEREN'T PASTORS OR COMPUTER PROGRAMMERS OR THIS OR

THAT MOVING IN DEFENDANT DANIELS' CIRCLES OR WITHIN THE BMF. YOU ALSO ARE GOING TO HEAR SOME OF THESE SAME WITNESSES I'M DESCRIBING ARE WHAT WE CALL COOPERATORS, COOPERATORS. THESE ARE PEOPLE WHO WERE ON THE INSIDE. THIS IS

A CASE WHERE THERE WERE NO WIRETAPS INVOLVING DEFENDANT

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14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DANIELS. THERE WAS NO UNDERCOVER AGENT WHO WAS ABLE TO GET

INTO THE BMF AND DO BUSINESS WITH THESE PEOPLE. YOU ARE GOING TO HEAR FROM PEOPLE WHO HAVE ALREADY PLED GUILTY HERE IN DETROIT OR IN ORLANDO, OTHER PLACES IN CONNECTION WITH BMF RELATED DRUG DISTRIBUTION. YOU'LL HEAR THAT WHILE THERE'S A BENEFIT FOR THESE WITNESSES, A PROMISED BENEFIT, A PROPOSED BENEFIT, A POTENTIAL BENEFIT, IT'S NOT AN EASY ROAD TO TAKE. THERE IS A CERTAIN

STIGMA AND RISK THAT ATTACHES TO FOLKS THAT DECIDE THEY WANT TO SHARE WHAT THEY KNOW WITH THE GOVERNMENT AND WITH YOU. I WANT TO COVER REAL BRIEFLY AND YOU'LL HEAR THIS FROM SOME OF THE FIRST WITNESS WHO ARE COOPERATING AND TAKE THE STAND WHAT I CALL THE MECHANICS OF COOPERATION. IMPORTANT YOU UNDERSTAND HOW IT WORKS. FIRST OF ALL, ANYONE THAT'S COOPERATING DOES SO VOLUNTARILY. COOPERATION. THEY CHOOSE TO DO THIS. THERE IS ONE CONDITION. THERE IS NO FORCED THE WITNESSES MUST FALSE IT IS

TESTIFY TRUTHFULLY, AND THEY WILL TELL YOU THAT. STATEMENTS ARE PUNISHABLE UNDER LAW.

MOREOVER, SUBORNING

PERJURY, PROSECUTORS KNOWINGLY ELICITING FALSE TESTIMONY FROM A WITNESS IS SOMETHING THAT CAN BE PUNISHED. HERE'S WHAT'S IN IT, IF YOU WILL, FOR THESE FOLKS WHO ARE GOING TO COOPERATE. IT'S A TWO-STEP PROCESS. FIRST, THE

PROSECUTOR WHO HANDLED THAT WITNESS' CASE MAKES A RECOMMENDATION, A RECOMMENDATION TO THE JUDGE WHO SENTENCED

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15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THAT WITNESS. FOR EXAMPLE, IF YOU HEAR FROM A WITNESS WHO WAS INVOLVED IN DEFENDANT DANIELS' CASE, YOU'LL SEE IN THE INDICTMENT THERE ARE 16 DEFENDANTS IN THE CASE, IT'S POSSIBLE ONE OF THEM HAS PLED. JUDGE. JUDGE EVANS WOULD BE THE SENTENCING

I WOULD MAKE A RECOMMENDATION TO JUDGE EVANS BASED ON

THE TRUTHFUL TESTIMONY OF THE PERSON WHO CAME IN. IN THE END IT WOULD BE JUDGE EVANS AND JUDGE EVANS ALONE WHO WOULD DECIDE IF ANY BENEFIT AT ALL, AND BY BENEFIT IT'S A REDUCTION OF SENTENCE. IT'S NOT MONEY. IT'S NOT YOU THAT YOUR

HAVE ACCESS TO THE WII OR THE PLAYSTATION IN JAIL. SENTENCE WOULD GO DOWN. IT'S THE JUDGE'S DECISION.

IN THIS CASE IT'S A LITTLE MORE COMPLICATED.

IT'S

THE SAME PROCESS BUT WE HAVE WITNESSES -- YOU'LL HEAR FROM A WITNESS WHO PLED GUILTY AND WAS SENTENCED IN ORLANDO, A FEDERAL COURT DOWN THERE. PROCESS. THE PROSECUTOR IN ORLANDO WOULD MAKE A RECOMMENDATION, IF THAT'S THE APPROPRIATE THING, TO THE JUDGE IN ORLANDO AND THAT JUDGE WOULD DECIDE THAT THIS PERSON GETS ANY BENEFIT FOR THE NECESSARILY TRUTHFUL TESTIMONY. IT WORKS. TO YOU. THAT'S HOW JUDGE EVANS WON'T BE INVOLVED IN THAT

THE WITNESSES WHO TAKE THE STAND WILL EXPLAIN THAT

THEY UNDERSTAND HOW IT WORKS. SO WE'RE BACK WHERE WE BEGAN, DEFENDANT DANIELS IS

CHARGED WITH TWO THINGS.

THE GOVERNMENT HAS THE BURDEN TO

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16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CONVINCE YOU BEYOND A REASONABLE DOUBT THAT HE DID TWO THINGS. THE DEFENSE HAS NO BURDEN. ANY WITNESSES. WITNESSES. MR. O'BRIEN DOESN'T NEED TO CALL

HE DOESN'T NEED TO ASK ANY QUESTIONS OF OUR

HE DOESN'T NEED TO GIVE AN OPENING STATEMENT.

I WILL SUSPECT YOU'LL HEAR A BUNCH FROM HIM, BUT IT'S THE GOVERNMENT'S JOB. WE NEED TO CONVINCE YOU THAT DEFENDANT

DANIELS, ONE, WAS A MEMBER OF THE BMF WHICH WAS A DRUG CONSPIRACY. IF HE'S A MEMBER OF THAT CONSPIRACY, HE'S GUILTY HE DOESN'T NEED TO HAVE ACTUALLY PEDDLED YOU MAY HEAR

OF THE CONSPIRACY. THE DRUGS.

HE CAN ASSIST IN ANOTHER WAY.

EVIDENCE THAT HE WAS SORT OF THE MUSCLE OR ENFORCER FOR THESE GUYS. IF YOU FIND THAT THAT'S PART OF THE CONSPIRACY, YOU CAN

MAKE THE FINDING THAT HE'S GUILTY. THE SECOND WE'LL SHOW YOU IS THAT HE DID IN FACT DISTRIBUTE COCAINE AS PART OF THE BMF CONSPIRACY. SUBSTANTIVE COUNT. PERSON. THAT'S THE

THAT HE SOLD COCAINE TO GINO, TO 456, SAME

HE'LL COME IN HERE AND TELL YOU ABOUT THAT. NOW, WE'RE ABOUT TO START WITH WITNESSES. MR.

O'BRIEN WILL HAVE A CHANCE TO GIVE HIS OPENING STATEMENT, BUT ONCE WE BEGIN YOU WILL HAVE EMBARKED ON SOMETHING OF A CONFUSING TOUR WITH COMPETING TOUR GUIDES. I SUSPECT THAT YOU WILL HEAR EVIDENCE THAT BMF IS ACTUALITY ABOUT ENTERTAINMENT. YOU HEARD A LITTLE BIT DURING

VOIR DIRE THAT BMF IS SOME GANGSTER RAP GROUP AND REALLY WHAT THEY DO IS THEY MAKE MUSIC. IT'S MR. O'BRIEN'S JOB TO HELP YOU

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17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEE THINGS IN A DIFFERENT WAY. SO IT'S IMPORTANT THAT YOU LISTEN TO THE QUESTIONS FROM BOTH SIDES, BUT THERE WILL BE A NUMBER OF POINTS IN THE TRIAL WHERE WHEN WE ASK THE QUESTIONS YOU'LL SAY THAT SOUNDS LIKE IT'S A DRUG DISTRIBUTION ORGANIZATION. MR. O'BRIEN MAY

ASK QUESTIONS THAT GETS YOU TO THINK ABOUT IT IN A SLIGHTLY DIFFERENT WAY. TO FOOL YOU. THAT'S HOW THE PROCESS WORKS. NO ONE IS TRYING

THERE'S TWO SIDES TO EVERY ISSUE.

I SAID AT THE BEGINNING AND I WANT TO SAY IT AGAIN, TAKE NOTES IF THAT'S HOW YOU CAN REMEMBER THINGS. CLOSELY. LISTEN

WE DON'T GET TO PUT THE WITNESSES BACK ON THE STAND. AT THE END OF THE EVIDENCE WHEN BOTH SIDES HAVE

CALLED WHOEVER THEY'RE GOING TO CALL, WE THE LAWYERS GET TO ADDRESS YOU A FINAL TIME, AND THAT'S WHEN WE ARGUE TO YOU WHAT WE BELIEVE THE EVIDENCE SHOWS. MS. SCHANSMAN WILL GET UP THEN AND TELL YOU WHAT THE GOVERNMENT BELIEVES THE EVIDENCE SHOWS. A LITTLE BIT NOW. I HAVE ALREADY COVERED

WE BELIEVE AT THE CLOSE OF TRIAL YOU WILL

CONCLUDE THAT THE EVIDENCE SHOWS THAT DEFENDANT DANIELS IS GUILTY BEYOND A REASONABLE DOUBT OF BEING PART OF THIS DRUG DISTRIBUTION GROUP KNOWN AS BMF OR THE BLACK MAFIA FAMILY, AND THAT ADDITIONALLY ON SEVERAL OCCASIONS HE IN FACT DISTRIBUTED DRUGS. HE SOLD DRUGS TO THIS GENTLEMAN GINO OR 456. I WANT TO THANK YOU IN ADVANCE FOR YOUR ATTENTION. THE TRIAL WILL LAST THREE OR FOUR DAYS. WE APPRECIATE EVERY

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18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MINUTE THAT YOU ARE FOCUSING ON THE WITNESSES THAT WE CALL AND THE EVIDENCE THAT WE PRESENT TO YOU. THE COURT: THANK YOU.

LADIES AND GENTLEMEN, THE DEFENSE MAKES MR. O'BRIEN.

THE SECOND OPENING STATEMENT. MR. O'BRIEN: THE COURT:

MAY IT PLEASE THE COURT --

COULD YOU BACK UP JUST A LITTLE BIT SO WE

ALL WILL BE ABLE TO HEAR YOU BETTER. MR. O'BRIEN: THE COURT: IS THIS OKAY?

WE MAY NEED YOU AT THE MICROPHONE BUT IF

YOU KEEP YOUR VOICE UP. MR. O'BRIEN: IN MARIETTA. I'M DENNIS O'BRIEN AND I PRACTICE LAW

WE ASKED YOU FOR A WHOLE DAY SOME QUESTIONS ABOUT I'M

YOU SO I'LL JUST TELL YOU A LITTLE BIT ABOUT MYSELF.

MARRIED ALMOST 40 YEARS, TWO GROWN CHILDREN, AND I'VE BEEN PRACTICING ABOUT 35 YEARS. MY CLIENT IS FLEMING DANIELS. FROM NEW YORK, BROOKLYN, NEW YORK. HE WAS BORN IN 1973. FLEMING IS ORIGINALLY

MOVED TO ATLANTA IN 1983.

HE HAS THREE CHILDREN, ONE OF WHOM

GRADUATES FROM HIGH SCHOOL THIS YEAR AND HE'S VERY PROUD OF HIM. HE'LL BE ATTENDING GEORGIA SOUTHERN AND PLAYING FOOTBALL

AT GEORGIA SOUTHERN COLLEGE. FIRST OF ALL WHAT I'D LIKE TO DO, LADIES AND GENTLEMEN, IS THANK FOR YOUR TIME. SOMETIMES WE SPEND ALMOST

AS MUCH TIME PICKING A JURY AS WE DO PRESENTING A CASE, AND MANY OF US CONSIDER IT'S THE MOST IMPORTANT PART OF THE CASE.

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19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HERE. WE REALIZE WHAT AN INCONVENIENCE IT IS FOR YOU TO BE IT INTERFERES WITH YOUR PERSONAL LIVES, YOUR MANY OF YOU HAVE VACATIONS IN THE SUMMER. WE CAN'T GET THE JOB DONE

PROFESSIONAL LIVES.

IT'S VERY INCONVENIENT TO BE HERE. WITHOUT YOU.

MR. MCBURNEY AND HIS ASSOCIATES ARE HERE EVERYDAY. I'M IN COURT OFTEN, BUT WE KNOW YOU'RE NOT, AND WE APPRECIATE YOU BEING HERE VOLUNTEERING -- NOT NECESSARILY TO VOLUNTEER BUT PUTTING YOUR TIME IN ON THE CASE. WE APPRECIATE THAT. IT'S IMPORTANT THAT WE GET PEOPLE THAT WE BELIEVE TO BE FAIR AND IMPARTIAL. PEOPLE THAT WILL FOLLOW THE EVIDENCE WE CAN'T DO IT WITHOUT, AND

AND PROVIDE A VERDICT THAT SPEAKS THE TRUTH IN THE CASE, AND I'M CONFIDENT AFTER TALKING TO YOU PEOPLE THAT YOU'RE THE GROUP THAT CAN DO THAT FOR US. LET ME TELL YOU A LITTLE BIT ABOUT HOW WE GOT HERE TO THIS STAGE OF THE PROCEEDING. THERE WAS A GRAND JURY THAT WAS MR. DANIELS DIDN'T GET

IMPANELED AND I DON'T GET TO GO THERE. TO GO THERE.

PROCEDURALLY THE WAY IT'S SET UP IS MR. MCBURNEY AND HIS ASSOCIATES GET TO GO AND THEY PRESENT WHAT EVIDENCE THEY WANT TO PRESENT, AND IN RESPONSE TO THAT THE GRAND JURY RETURNED AN INDICTMENT CHARGING MR. DANIELS AND OTHERS WITH CERTAIN CRIMES. IT'S ONLY A PROCEDURAL MECHANISM THAT'S

REQUIRED TO OCCUR SO WE GET TO THIS POINT.

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20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AGAIN, I DIDN'T GET TO GO THERE. WITNESSES. GUILT. I DIDN'T PRESENT WITNESSES. I DIDN'T QUESTION

IT'S NOT EVIDENCE OF

IT'S A PROCEDURAL MECHANISM THAT'S REQUIRED BEFORE WE

CAN GET TO THIS POINT, BEFORE WE CAN GET TO A TRIAL. THE POINT I'M TRYING TO MAKE IS JUST BECAUSE MR. DANIELS IS HERE IS CERTAINLY NOT ANY EVIDENCE OF GUILT. TO BE DECIDED THROUGH THIS TRIAL. A LOT OF TIMES WHAT HAPPENS IS THERE IS AN INCREDIBLY SLANTED VERSION OF EVENTS THAT GETS PRESENTED TO THE GRAND JURY. IT. WHERE DO WE GO FROM HERE? OUTLINED WHERE WE GO FROM HERE. MR. MCBURNEY SORT OF THEY DON'T GET TO HEAR EVERYTHING. THAT'S THE POINT OF THAT'S

WE'LL GET EVIDENCE FROM

WITNESSES THAT TAKE THE STAND AND THERE WILL BE SOME EXHIBITS FOR YOU TO CONSIDER. WE GET A CHANCE TO GET UP AND MAKE THE LAWYERS WILL SORT OF SUM UP THE

CLOSING STATEMENTS AGAIN.

CASE, GIVE YOU THEIR VERSION OF WHAT THEY THINK THE EVIDENCE CONSISTS OF. AT THE APPROPRIATE TIME THE JUDGE WILL INSTRUCT YOU ON WHAT SHE FEELS IS THE APPROPRIATE PRINCIPLES OF LAW THAT YOU SHOULD CONSIDER AND SHOULD GUIDE YOUR DELIBERATIONS, AND THEN THE DIFFICULT PART STARTS FOR YOU, WE ARE GOING TO PASS IT ON TO YOU TO DECIDE WHAT'S FAIR, WHAT'S TRUTHFUL, YOU KNOW, WHAT THE VERDICT SHOULD BE IN THE CASE. PERIODICALLY YOU MAY SEE ME RAISE OBJECTIONS. I

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21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OBJECT. YOU MAY SEE IT ON TV. I DON'T THINK TOO MANY OF YOU

HAVE TRIAL EXPERIENCE BUT ONE OR TWO OF YOU MAY HAVE BEEN IN COURT BEFORE, BUT OBJECT, YOUR HONOR. ANYTHING. I'M NOT TRYING TO HIDE

I'M NOT TRYING TO BE DISRUPTIVE, BUT IT'S MY

RESPONSIBILITY TO ENSURE THAT THE PROSECUTORS PLAY BY THE RULES. WE HAVE RULES OF EVIDENCE AND WE HAVE RULES OF PROCEDURE, AND IT'S MY RESPONSIBILITY ON BEHALF OF MR. FLEMING TO ENSURE THAT THOSE RULES ARE FOLLOWED. IF I FEEL LIKE THEY'RE BEING VIOLATED IT'S MY RESPONSIBILITY TO ALERT THE JUDGE WHO OF COURSE ULTIMATELY WILL DECIDE WHETHER OR NOT THE RULES ARE BEING VIOLATED. PERIODICALLY YOU MAY SEE ME RAISE AN OBJECTION. FLEMING IS CHARGED IN TWO COUNTS IN THIS INDICTMENT. TWO COUNTS. I THINK IT'S AN EIGHT OR MULTICOUNT INDICTMENT, SO

BUT HE'S CHARGED IN TWO OF THEM. IN COUNT 1 IT IS ALLEGED THAT HE PARTICIPATED IN A CONSPIRACY. IN SUMMARY THEY SAY HE ENTERED INTO AN AGREEMENT

AND AN UNDERSTANDING WITH A GROUP OF OTHERS TO KNOWINGLY AND INTENTIONALLY POSSESS COCAINE WITH INTENT TO DISTRIBUTE IT. THAT'S WHAT THE FIRST COUNT SAYS. IT'S A CONSPIRACY COUNT.

IN COUNT 5, HE'S NOT NAMED IN 2, 3 AND 4, BUT IN COUNT 5 IT IS ALLEGED THAT MR. DANIELS, AIDED AND ABETTED BY SOME OTHER FOLKS, GH ALSO KNOWN AS GINO, AND TF, DID INTENTIONALLY POSSESS WITH INTENT TO DISTRIBUTE 500 GRAMS OF

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22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COCAINE. I THINK IT'S ROUGHLY 18 OUNCES. I DID THE MATH BUT I

BELIEVE IT'S ABOUT 18 OUNCES. BASICALLY WHAT THEY SAY IS HE WAS IN A CONSPIRACY WHICH IS A SEPARATE COUNT WITH A GROUP OF OTHERS, AND THAT THERE WAS A SUBSTANTIVE COUNT THAT HE DID ON ONE OCCASION POSSESS WITH INTENT TO DISTRIBUTE ABOUT 19 OUNCES, 500 GRAMS. LET ME TELL YOU ABOUT THE DEFENSE IN THE CASE. JUST

AS STATED THE DEFENSE IS THAT FLEMING DANIELS NEVER ENTERED INTO ANY SUCH AGREEMENT OR CONSPIRACY WITH ANYBODY. HAPPENED. LET ME BREAK THE CASE DOWN A LITTLE BIT FOR YOU. THE THAT NEVER

PROSECUTION HAS BROUGHT A CONSPIRACY CASE, AND, CONSEQUENTLY, IN ORDER TO OBTAIN A CONVICTION OF FLEMING ON THE CONSPIRACY THE GOVERNMENT MUST PROVE, AND YOU'VE HEARD THE TERM, BEYOND A REASONABLE DOUBT. THE JUDGE WILL TELL YOU AT THE APPROPRIATE THAT'S THE BURDEN OF PROOF IN A CRIMINAL

TIME WHAT THAT MEANS. CASE.

THEY MUST PROVE THE EXISTENCE ON AN AGREEMENT TO ACHIEVE AN UNLAWFUL OBJECTIVE, EXISTENCE OF AN AGREEMENT TO ACHIEVE AN UNLAWFUL OBJECTIVE, AND IN THIS CASE THEY SAY THE UNLAWFUL OBJECTIVE WAS TO POSSESS WITH INTENT TO DISTRIBUTE COCAINE. SECONDLY, THEY MUST PROVE FLEMING'S KNOWING AND VOLUNTARY PARTICIPATION IN THIS CONSPIRACY. THAT HE KNOWINGLY

AND VOLUNTARILY PARTICIPATED IN THIS AGREEMENT TO ACHIEVE AN

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23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ABOUT. REAL. UNLAWFUL OBJECTIVE; AND, THIRD, THEY MUST PROVE THE COMMISSION OF AN OVERT ACT IN FURTHERANCE OF THE CONSPIRACY. IN OTHER

WORDS, SOMETHING WAS DONE THAT FURTHERS THE AIM OR THE GOAL OF THE CONSPIRACY. IT'S A LOT MORE COMPLICATED THAN THAT, BUT IN A NUTSHELL, THOSE ARE THE THREE ELEMENTS THAT THE GOVERNMENT MUST PROVE BEYOND A REASONABLE DOUBT BEFORE YOU WOULD BE AUTHORIZED TO CONSIDER CONVICTING FLEMING OF CONSPIRACY. AS CONCERNS FLEMING THERE NEVER WAS ANY AGREEMENT WITH ANYONE TO BE INVOLVED IN A CONSPIRACY TO POSSESS WITH INTENT TO DISTRIBUTE COCAINE. IF SUCH A CONSPIRACY EXISTED, IF

SUCH A CONSPIRACY EXISTED, FLEMING DANIELS WAS NOT PART OF IT. THESE ARE THE FACTS IN THE CASE. OVER THE YEARS

FLEMING HAS BEEN INVOLVED WITH A VARIETY OF PEOPLE INCLUDING ENTERTAINERS, PRIMARILY RAP STARS, AND THESE ARE WHAT ARE REFERRED TO AS GANGSTER RAPPERS. THESE ARE RAPPERS. I USE THE

TERM MUSICIANS LOOSELY BUT THEY ARE RAPPERS WHO WRITE ABOUT AND RAP ABOUT ILLEGAL ACTIVITIES, VIOLENCE, GUNS, SEX. EVERYBODY HAS SEEN IT. YOU KNOW WHAT I'M TALKING THEY TRY TO KEEP IT

THEY PRESENT A GANGSTER IMAGE. THEY STAY GANGSTERED UP.

YOU SAY WHY WOULD ANYBODY DO THAT? WHAT THE KIDS WANT TO HEAR. IT'S REBELLIOUS.

BECAUSE THAT'S

THAT'S WHAT KIDS WANT TO HEAR.

THE WHOLE MESSAGE IS ANTIESTABLISHMENT.

THAT'S WHAT SOME KIDS ARE INTO IN THEIR FORMATIVE YEARS.

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24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HARDY. PROMOTERS, RECORD COMPANIES, RAP STARS, OF COURSE THEY TAP INTO THIS AND THEY SELL MILLIONS OF DVD'S AND CD'S AND MAKE MILLIONS ON CONCERTS AND THINGS LIKE THAT. YOUR KIDS BUY IT. MY KIDS BUY IT. KIDS BUY IT.

THEY USED TO BUY IT.

THEY'RE A LITTLE OLD FOR THAT NOW. THERE IS NOTHING NEW ABOUT THIS, ABOUT KIDS BEING REBELLIOUS. WE WENT THROUGH IT. IN THE EARLY 60'S WHEN I WAS WE DIDN'T CALL IT RAPPING, HIS LYRICS WERE NOT

IN COLLEGE BOB DYLAN WAS RAPPING.

BUT THAT'S WHAT HE WAS DOING IN THE 60'S. AS GRAPHIC AS SOME OF THEM ARE NOW. WE WERE INTO IT. STUFF.

HE WAS NOT AS VIOLENT, BUT

HE TALKED ABOUT DRUGS, ANTIESTABLISHMENT

THAT'S WHAT HE WAS DOING AND THAT'S WHAT THESE RAPPERS DYLAN SUCCESSFULLY MADE A LIFETIME CAREER OUT

ARE DOING NOW. OF IT.

HE'S BEEN VERY SUCCESSFUL AT IT. AND MANY OF THESE RAPPERS THAT I'M TALKING ABOUT,

THESE GANGSTER RAPPERS HAVE BEEN VERY SUCCESSFUL, AND THEY GENERATE HUGE AMOUNTS OF MONEY. THEY NOT ONLY SELL THESE CD'S

BUT THEY DO LIVE PERFORMANCES ALL OVER THE COUNTRY. APPARENTLY THIS GROUP BLACK MAFIA FAMILY EVEN FILLS PHILIPS ARENA. BLEU DAVINCI THAT'S A NAME YOU'LL HEAR. APPARENTLY THESE GROUPS ARE LIL JZ

IS A NAME THAT YOU'LL HEAR.

CAPABLE OF EVEN FILLING PHILIPS ARENA. ANYWAY, THESE PEOPLE THEY LIVE FAST. THEY TRAVEL WITH ENTOURAGES. THEY PARTY

OFTENTIMES ENTOURAGES

THAT INCLUDE SECURITY BECAUSE THERE'S A LOT OF MONEY AND

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25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THERE'S A LOT OF JEWELRY INVOLVED WITH THESE PEOPLE. BIG TIME. THEY'RE FLASHY. THEY THROW MONEY AROUND. THEY'RE THAT'S

HOW THEY LIVE. IN FACT VIRTUALLY EVERY CELEBRITY NOWADAYS UNFORTUNATELY OUR CULTURE BEING WHAT IT IS TRAVELS WITH SECURITY. EVERYBODY DOES. ATHLETES, MOVIE STARS,

ENTERTAINERS, THEY HAVE THEIR ENTOURAGE AND THEY ALWAYS HAVE THEIR SECURITY. IT'S JUST THE WAY IT IS NOWADAYS, AND THIS IS

WHAT FLEMING USED TO DO. HE PROVIDED SECURITY AND SUPPORT FOR VARIOUS ROCK GROUPS, ENTERTAINERS AND ENTERTAINMENT GROUPS. DAVINCI, LIL JZ. AS I SAY BLEU

IN FACT IN THE DISCOVERY THEY GAVE ME WHICH

IS DEA REPORTS AND OTHER POLICE REPORTS, I SAW MULTIPLE REFERENCES TO PUFFY COMBS, SEAN PUFFY COMBS. APPARENTLY HE'S

GOOD FRIENDS WITH SOME OF THE PEOPLE THAT ARE INVOLVED HERE. I EVEN SAW ONE REFERENCE TO JENNIFER LOPEZ. I

THOUGHT WELL MAYBE SHE'LL COME UP TO COURT HERE, BUT I KIND OF DOUBT THAT. IT'S VITAL TO THE SUCCESS OF A GANGSTER RAPPER TO HAVE WHAT THEY CALL CREDIBILITY. KEEPING IT REAL. STREET CRED THEY CALL IT.

OF COURSE OTHERWISE IF THEY DON'T HAVE THAT THEY'RE CONSIDERED

REPUTATION, KIDS WON'T BUY THEIR STUFF.

RATHER THAN REAL GANGSTER RAPPERS, THEY'RE CONSIDERED WHAT THEY CALLED STUDIO GANGSTERS. THEY'RE NOT REAL. NOBODY WANTS TO

BUY MUSIC OR A DVD FROM A STUDIO GANGSTER AND THEY WON'T COME

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26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TO THE CONCERTS. THEY WON'T BE CONSIDERED LEGIT.

WELL, SOME OF THESE GROUPS CROSS THE LINE AND BECOME INVOLVED IN ILLEGAL ACTIVITIES, AND FROM WHAT I CAN PIECE TOGETHER THAT'S WHY FLEMING IS HERE TODAY. ONE OF THE GROUPS THAT HE WAS ASSOCIATED WITH PROVIDED SECURITY AND SUPPORT FOR AN ENTERTAINMENT GROUP KNOWN AS KNOWN THE BLACK MAFIA FAMILY ENTERTAINMENT GROUP. THEY CAN PHILIPS ARENA. THEMSELVES AS THE BMF. THEY'VE HAD QUITE A WEBSITE ON THE INTERNET, AND THIS GROUP CROSSED THE LINE APPARENTLY AND BECAME INVOLVED IN DRUGS, OR ALTERNATIVELY THIS GROUP WAS ALREADY INVOLVED IN DRUGS AND GOT INVOLVED IN ENTERTAINMENT. I'M NOT SURE WHAT CAME FIRST. WHATEVER. BUT THEY PROMOTED I GUESS

BUT THEY AT SOME POINT IN TIME BECOME INVOLVED IN THE RAP INDUSTRY, AND FLEMING WAS ASSOCIATED WITH THESE PEOPLE AND INVOLVED IN THIS GROUP FOR THE PURPOSE OF PROVIDING SECURITY AND OTHER SUPPORT AND TO FACILITATE THEIR MUSIC ACTIVITIES. HE TRAVELED WITH SOME OF THEM. HE ATTENDED PARTIES

WITH THEM AND RAP CONCERTS, BUT HE NEVER ENTERED INTO ANY AGREEMENT TO POSSESS WITH INTENT TO DISTRIBUTE ANY COCAINE WITH ANY OF THESE PEOPLE. HE ALWAYS BELIEVED THAT HE WAS EITHER

PROVIDING LEGITIMATE SECURITY OR OTHER TYPE OF SUPPORT THAT FACILITATED THEIR LEGAL ACTIVITIES. YOU KNOW THERE MAY BE SOME PROOF THAT ON OCCASION HE WENT TO SOME WILD PARTIES, CONCERTS, BUT HE HAD THESE HIGH

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27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ROLLER CLIENTS WHO SPENT MILLIONS OR HUNDREDS OF THOUSANDS OF DOLLARS ON JEWELRY AND THEY TRAVELED AND THEY PARTIED FAST AND THEY PARTIED LOOSE, BUT FLEMING NEVER KNOWINGLY AND WILLINGLY CONDUCTED ANY ILLEGAL ACTIVITIES ON BEHALF OF OR IN FURTHERANCE OF ANY DRUG CONSPIRACY. WHEN SOME OF THESE BLACK MAFIA FAMILY PEOPLE THAT WERE PAWNING THEMSELVES OFF AS ENTERTAINERS WERE ARRESTED, WHAT HAPPENS IS THE AUTHORITIES THROW A WIDE NET. UP EVERYBODY. EVERYBODY. THEY JUST ROUND

WHICH IS NORMALLY WHAT THEY DO, THEY ROUND UP

THEY THROW A BIG NET AND THAT'S WHAT HAPPENED.

THEY SAW HIM SAW, SAW HIS NAME, SAW HIS PICTURE IN SOME PAPERS, SAW THAT HE HAD SOME MONEY ON HIM ON OCCASION. THEY THREW THE NET OVER HIM, YOU KNOW, JUST AS MR. MCBURNEY SAID IN HIS OPENING STATEMENT, I THINK WHAT HE'S TRYING TO TELL YOU IS HE DIDN'T HAVE ANY DRUGS ON HIM. WIRETAPS ON HIM. NOBODY IS GOING TO SAY THAT HE BROUGHT OTHER THAN I THINK HE SAID ON ONE OCCASION THAT HE LOADED THE CAR UP WITH DRUGS AND UNLOADED THE CAR WITH MONEY, ANYTHING LIKE THAT, THAT'S WHAT THEY'RE TRYING TO TELL YOU, BUT THEY THREW THE NET OVER HIM ANYWAY AND THEY ROUNDED HIM UP. YOU KNOW YOU DON'T BECOME A CRIMINAL JUST BECAUSE YOU ASSOCIATE WITH SOME BAD PEOPLE. AT SOME APPROPRIATE TIME I'M THEY DON'T HAVE ANY

CONFIDENT THE JUDGE WILL TELL YOU THAT BEFORE YOU WOULD BE AUTHORIZED TO CONVICT FLEMING OF THE CONSPIRACY THE GOVERNMENT

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28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MUST PROVE BEYOND A REASONABLE DOUBT THAT HE WAS A WILLING PARTICIPANT IN THE CONSPIRACY AND NOT JUST A KNOWING SPECTATOR, BUT THEY MUST PROVE THAT HE WAS A WILLING PARTICIPANT. I RESPECTFULLY REQUEST THAT YOU SEE THAT FLEMING GETS A FAIR TRIAL. THAT'S WHAT THE BOTTOM LINE IS HERE, AND HE'S

JUDGED ON HIS CONDUCT, NOT WHAT YOU MAY HEAR SOME OTHER PERSON DID. THE GOVERNMENT SELECTS WHO THEY CHOOSE TO BRING CHARGES THEY SELECT WHO THEY CHOOSE TO PUT ON THE INDICTMENT

AGAINST.

WITH THE PERSON. MANY TIMES THEY HAVE A VERY WEAK CASE AGAINST AN INDIVIDUAL, SO THEY PUT THEM ON THE INDICTMENT WITH SOMEBODY THEY HAVE A VERY STRONG CASE AGAINST HOPING THAT YOU WILL LOSE THIS CONCEPT OF PERSONAL ACCOUNTABILITY AND JUST THROW HIM IN THE STEW BECAUSE HE WAS THERE WITH EVERYBODY. THAT'S NOT FAIR

AND I'M CONFIDENT THAT THAT'S NOT WHAT YOU'RE GOING TO DO. LET ME TALK TO YOU A LITTLE BIT ABOUT CREDIBILITY OF WITNESSES. IN FEDERAL COURT WHEN PEOPLE GET CONVICTED OF VERY

SERIOUS CRIMES, THEY GET LONG SENTENCES, AND THEY DO HARD TIME IN FEDERAL PENITENTIARIES. THESE AREN'T COUNTRY CLUBS. THE

FEDERAL PRISON IS NO COUNTRY CLUB. SO WHEN PEOPLE GET CONVICTED AND THEY GET LONG SENTENCES, THE FIRST THING THEY DO AFTER THE SHOCK WEARS OFF IS THEY LOOK FOR A WAY TO IMPROVE THEIR SITUATIONS. SUCH A

PROCEDURE EXISTS AND IT'S CALLED PROVIDING SUBSTANTIAL ASSISTANCE TO THE GOVERNMENT, SUBSTANTIAL ASSISTANCE.

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29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AS IT RELATES TO THIS CASE, A PERSON WHO HAS BEEN CONVICTED OF A CRIME CAN ACTUALLY HAVE HIS SENTENCE SHORTENED CONSIDERABLY IF HE'LL TESTIFY FOR THE GOVERNMENT AGAINST ANOTHER DEFENDANT. OF COURSE WHEN THEY GET TO PRISON THEY LEARN ABOUT THIS PROCEDURE. YOU MEAN I WAS LOOKING AT 30 YEARS OR 20 YEARS

AND NOW I CAN GET OUT IN ABOUT HALF THE TIME IF I CAN GET ON THAT TRAIN. THEY SAY WHAT CAN I DO TO HELP, WHAT DO YOU NEED

ME TO SAY, AND WE'VE GOT SOME OF THAT GOING ON IN THIS CASE. IT HAPPENS ALL THE TIME IN THESE KIND OF CASES. SOME

OF THE SENTENCES -- SOME OF THE DEFENDANTS IN THIS CASE WERE FACING UP TO LIFE IN PRISON. WAS A CONVICTED MURDERER. IN FACT ONE OF THEM APPARENTLY

HE'S GOING TO COME IN AND PUT HIS

HAND ON THE BIBLE AND SWEAR HE'S TELLING THE TRUTH NOW. OF COURSE THEY'RE FACING LIFE AND 20 AND 30 YEARS UNTIL THEY CUT THAT SWEET LITTLE DEAL WITH THE GOVERNMENT, AND IF THEY TESTIFY AS THE GOVERNMENT EXPECTS THEY'LL TESTIFY, THEN THE GOVERNMENT WILL MOVE THE COURT TO REDUCE THE SENTENCE. MR. MCBURNEY TOLD YOU IT'S UP TO THE JUDGE ULTIMATELY. THAT'S KIND OF HALF THE TRUTH OF IT. THE JUDGE

DOESN'T GET TO DECIDE THAT UNLESS MR. MCBURNEY ASKS HER TO DO THAT. HE HAS TO FILE THE APPROPRIATE PLEADINGS OR MOTIONS

BEFORE THE JUDGE CAN EVEN CONSIDER REDUCING A MANDATORY MINIMUM SENTENCE. UNLESS HE DOES THAT, THE JUDGE DOESN'T HAVE ANY

DISCRETION.

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30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SO, YOU KNOW, THESE WITNESSES ARE LIKE PUPPETS ON A STRING OR PUPPIES ON A LEASH. THESE ARE CAREER CRIMINALS. THEY'RE MURDERERS, DRUG

THEY'VE MADE A LIFETIME OUT OF CRIME.

DEALERS, AGENTS OF FRAUD, ALL KIND OF THINGS. I'M GOING TO TELL YOU THEY DIDN'T ALL OF A SUDDEN FIND THE LORD WHEN THEY GOT TO PRISON AND BECOME GOOD CITIZENS. THEY HAVE AN AGENDA, AND THE REASON THAT THEY'RE THEY WANT THEY

DOING THESE THINGS IS THEY WANT TO GET OUT OF JAIL. 25 YEARS REDUCED DOWN TO 10. WANT TO GET OUT OF PRISON.

THEY WANT 30 DOWN TO 15.

SO, YOU KNOW, JUST CONSIDER THEIR MOTIVATION FOR COZYING UP TO THE GOVERNMENT WHEN THEY TESTIFY, AND I'LL DO MY BEST TO TRY TO POINT OUT TO YOU WHAT THE DEALS ARE. WHAT THEY

WERE LOOKING AT BEFORE THEY CUT THESE NICE LITTLE DEALS. A COUPLE OF POINTS OF LAW. PRESUMPTION OF INNOCENCE. EVERYBODY HAS HEARD OF

IT'S THE GOLDEN THREAD THAT

PERMEATES THE CRIMINAL JUSTICE SYSTEM THAT WE HAVE IN OUR COUNTRY. IT. I'VE MADE MY WHOLE LIFETIME CAREER OUT OF WORKING I'M PROUD OF IT. RESPECTFULLY I'M NOT A TOUR IT'S MY RESPONSIBILITY TO

I LOVE IT.

GUIDE.

I'M AN OFFICER OF THE COURT.

HELP YOU TO GET TO THE TRUTH OF IT. THE PRESUMPTION OF INNOCENCE GIVES EVERYBODY -- EVERY DEFENDANT CHARGED WITH A CRIME HAS THE PRESUMPTION OF INNOCENCE. IT STAYS WITH THAT PERSON UNLESS AND UNTIL THE

GOVERNMENT PROVES EVERY ESSENTIAL ELEMENT OF EVERY CRIME THEY

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31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OUTSIDE. HAVE CHARGED BEYOND A REASONABLE DOUBT. THE BURDEN OF PROOF ALWAYS ON THE GOVERNMENT. NEVER

SHIFTS AT ANY POINT IN TIME TO A DEFENDANT TO PROVE HIS OR HER INNOCENCE. THE BURDEN OF PROOF IS ALWAYS ON THE GOVERNMENT,

AND THEY MUST PROVE IT BEYOND A REASONABLE DOUBT. I'M CONFIDENT, LADIES AND GENTLEMEN, AT THE CLOSE OF THE CASE AFTER YOU HEAR THE EVIDENCE, YOU HEAR THE WITNESSES, I'M CONFIDENT THAT A VERDICT OF NOT GUILTY WILL BE APPROPRIATE IN THIS CASE. AGAIN, LADIES AND GENTLEMEN, I APPRECIATE YOUR TIME AND THE INCONVENIENCE WE HAVE IMPOSED ON YOU BY HAVING TO MAKE YOU COME HERE, BUT I DO APPRECIATE IT, AND, AGAIN, WE CAN'T GET THIS DONE WITHOUT YOUR HELP. THE COURT: SEQUESTRATION? MS. SCHANSMAN: THE COURT: YES, YOUR HONOR. I DON'T THANK YOU VERY MUCH.

DO COUNSEL WISH THE RULE OF

DO YOU HAVE ANY WITNESSES?

BELIEVE YOU HAVE ANY PRESENT IN THE COURTROOM AT THIS TIME. MR. MCBURNEY: EXCEPTION. THE COURT: EXCEPT FOR THE CASE AGENT, RIGHT. THAT'S THE CASE AGENT BUT THAT'S THE

ANYBODY ON THIS FLOOR AT THIS TIME. MR. MCBURNEY: NO. THERE MAY BE PEOPLE SEATED

IF WE SEE SOMEONE COME IN, WE'LL LET THEM KNOW, AND

WE'LL ALSO LET WITNESSES KNOW GOING FORWARD THAT UNTIL WE

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32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. MCBURNEY: Q. A. GOOD MORNING, AGENT HARVEY. GOOD MORNING. OATH. JOHN F. HARVEY, HAVING BEEN DULY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS: THE CLERK: IF YOU WILL HAVE A SEAT, PLEASE, AND HARVEY. THE CLERK: PLEASE RAISE YOUR RIGHT HAND TO TAKE THE RULE. THE COURT: THE RULE WILL BE INVOKED, AND COUNSEL ARE INVITE THEM IN, THEY'RE TO STAY OUT. THE COURT: AND YOU DON'T HAVE ANYBODY OUT IN THE

WITNESS ROOM NOW, DO YOU? MR. O'BRIEN: NO, MA'AM, BUT WE WOULD INVOKE THE

DIRECTED TO MAKE YOUR WITNESSES AWARE OF THAT FACT, AND THAT THEY ARE NOT TO DISCUSS THIS CASE OR THEIR TESTIMONY WITH ANYONE EXCEPT FOR COUNSEL FOR EITHER SIDE OR THE CASE AGENT. CALL YOUR FIRST WITNESS. MR. MCBURNEY: THE GOVERNMENT CALLS SPECIAL AGENT

STATE YOUR FULL NAME FOR THE RECORD AND SPELL YOUR LAST NAME ALSO. THE WITNESS: H A R V E Y. DIRECT EXAMINATION MY NAME IS JOHN F. HARVEY,

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33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. WHERE DO YOU WORK? I WORK IN THIS BUILDING WITH THE U.S. DRUG ENFORCEMENT

ADMINISTRATION, DEA. Q. DEA. THAT'S WHAT I WAS GETTING AT. HOW LONG HAVE YOU

BEEN WITH THE DEA? A. Q. A. FOR ALMOST 24 YEARS. ALWAYS DOWN HERE IN ATLANTA? HIRED OUT OF BOSTON, ASSIGNED TO ATLANTA IN 1984, SO

PRETTY MUCH ENTIRE CAREER HERE. Q. DO YOU HAVE ANY CONNECTION TO THE DEA'S INVESTIGATION INTO

THE BLACK MAFIA FAMILY? A. Q. YES, I AM THE DEA CASE AGENT ON THE BMF INVESTIGATION. WHAT DOES IT MEAN TO BE THE CASE AGENT; HELP THE JURY

UNDERSTAND A LITTLE BIT WHAT THAT MEANS? A. IT JUST MEANS LIKE THE LEAD INVESTIGATOR. I COORDINATE

WITH OTHER AGENCIES OR WITH OTHER DEA OFFICES IN OTHER STATES, AND SOMETIMES I GET ASSISTANCE FROM OTHER AGENTS IN MY GROUP WHEN NECESSARY. Q. I WORK WITH A GROUP OF ABOUT 14 AGENTS. YOU WHAT

I WANT TO EXPLORE A COUPLE OF THINGS YOU JUST SAID.

SAID THAT SOMETIMES YOU COORDINATE WITH OTHER AGENCIES. DO YOU MEAN; IS THAT LOCAL POLICE? A.

YES, IN THIS CASE AND NORMALLY IN A CASE IF THE CASE IS,

YOU KNOW, GOOD SIZED, I'LL AT SOME POINT HAVE SOME CONTACT WITH AT LEAST ONE OR TWO LOCAL POLICE DEPARTMENTS LIKE DEKALB COUNTY NARCOTICS OR ATLANTA POLICE, AND I'LL ALSO WORK WITH FEDERAL

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34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AGENCIES LIKE ICE WHICH IS IMMIGRATION AND CUSTOMS OR THE FBI, AND THEN SOMETIMES I'LL WORK WITH OTHER DEA OFFICES FROM DETROIT, LOS ANGELES. Q. THAT WAS THE SECOND THING I WANTED TO EXPLORE. YOU

ALLUDED TO THAT FACT.

WERE THERE OTHER DEA OFFICES WITH WHICH

YOU WERE COORDINATED AS PART OF THE LARGER BMF INVESTIGATION? A. YES, IN THE COURSE OF THIS INVESTIGATION, I'VE WORKED WITH

SEVERAL OTHER DEA OFFICES THROUGHOUT THE COUNTRY. Q. COULD YOU TELL THE JURY WHICH THOSE ARE, THE ONES THAT YOU

WORKED WITH MOST REGULARLY? A. MOST REGULARLY I WOULD SAY DETROIT, ORLANDO. TO A LESSER

EXTENT GREENVILLE, LOS ANGELES, MIAMI, ST. LOUIS, NEW YORK. Q. AS PART OF THE DEA'S INVESTIGATION INTO THE BLACK MAFIA

FAMILY, WERE THERE ANY DRUG SEIZURES? A. Q. YES, THERE WERE SEVERAL DRUG SEIZURES IN THIS CASE, YES. PUT SOME SCOPE ON THOSE FOR THE JURORS, DRUG SEIZURES OF

ONE OUNCE, A HUNDRED OUNCES; WHAT ARE WE TALKING ABOUT? A. WELL, THEY WERE AMOUNTS THAT WE CONSIDER SIGNIFICANT.

QUANTITIES LIKE THERE WAS 113 KILOS IN ONE INSTANCE SEIZED IN MISSOURI. Q. TEN KILOS SEIZED IN MICHIGAN -FIRST, KILOS OF

YOU'RE REFERRING TO EVERYTHING AS KILOS.

WHAT? A. KILOS OF COCAINE AND A KILO IS A KILOGRAM, A THOUSAND

GRAMS. Q. IS THAT A TYPICAL UNIT OF COMMERCE, IF YOU WILL, FOR

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35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COCAINE BASED ON YOUR EXPERIENCE? A. YES, IT IS. FOR SOME REASON COCAINE HAS ALWAYS BEEN

MEASURED IN KILOGRAMS, WHEREAS MARIJUANA WE ALWAYS TALK IN TERMS OF POUNDS. Q. A KILO IS 2.2 POUNDS.

THESE KILOS OF COCAINE ARE THEY TYPICALLY IN BAGS OR

POWDER ON A TABLE; HOW ARE THOSE KILOS STRUCTURED, IF YOU WILL? A. THEY ARE IN VARIOUS KINDS OF WRAPPING, USUALLY PLASTIC IT'S HARD. IT'S SOLID. IT'S

WRAPPING CALLED KILO WRAPPERS. LIKE A BRICK.

IT IS IN POWDER FORM BUT SOMETIMES IT'S SO SOLID

THAT YOU HAVE TO HIT IT WITH A HAMMER TO ACTUALLY BREAK IT UP. Q. YOU REFER TO IT AS A BRICK. WHEN IT IS COMPRESSED SORT OF

WHEN YOU'RE DESCRIBING IT AND WRAPPED, ARE THESE BALLS; WHAT ARE THEY SHAPED LIKE? A. THEY ARE SHAPED -- I'VE SEEN DIFFERENT SHAPES, BUT USUALLY SOMETIMES I'VE SEEN

IT'S SOMETHING PRETTY CLOSE TO A SQUARE.

THEM RECTANGULAR BUT USUALLY SQUARE BRICKS. Q. YOU'VE DESCRIBED SOME OF THE DRUG SEIZURES THAT WERE PART WERE THERE ALSO MONEY OR

OF THE OVERALL BMF INVESTIGATION.

PROPERTY SEIZURES IN CONNECTION WITH YOUR BMF INVESTIGATION? A. YES, THERE HAVE BEEN SEVERAL LARGE MONEY SEIZURES IN THIS

CASE USUALLY ON VEHICLE STOPS, SOMETIMES IN SEARCH WARRANTS EXECUTED AT VARIOUS HOUSES, BUT THERE HAVE BEEN QUANTITIES OF CASH RANGING FROM OVER A MILLION DOLLARS AT ONE TIME, 648,000, 588,000, 200,000. Q. THOSE FIGURES YOU'RE CITING ARE DIFFERENT SEIZURES?

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36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. YES, DIFFERENT SEIZURES, NOT ALL MADE IN GEORGIA BUT ALL

RELATED TO THE BMF. Q. AS A RESULT OF THE DEA'S BMF INVESTIGATION WERE

INDICTMENTS BROUGHT? A. YEAH, THERE HAVE BEEN A FEW INDICTMENTS IN THIS CASE I'M FAMILIAR WITH THE INDICTMENTS THAT WAS THAT

STARTING IN 2005.

UNSEALED IN OCTOBER OF 2005 THAT NAMED 25 INDIVIDUALS. WAS RETURNED TO THE EASTERN DISTRICT OF MICHIGAN. Q. A. Q. A. WHICH IS? DETROIT. OKAY.

AND AT THE SAME TIME THERE WERE EIGHT INDIVIDUALS INDICTED

IN ORLANDO. Q. A. ULTIMATELY THERE WAS AN ATLANTA BMF INDICTMENT? THERE WAS. IN THIS CASE THE INDICTMENT IN THIS CASE WHICH

NAMED 16 INDIVIDUALS WAS RETURNED IN JULY OF 2007, AND THERE HAVE BEEN OTHER INDICTMENTS. DETROIT HAD TWO ADDITIONAL INDICTMENTS, AND THERE WAS AN -- I CONSIDER IT A RELATED INDICTMENT IN ATLANTA THAT NAMES 20 INDIVIDUALS. THAT CONCERNED A FRAUD CASE INVOLVING

AUTOMOBILES BUT IT HAD STRONG LINKS TO THE BLACK MAFIA FAMILY, AS WELL. Q. OKAY. MR. DANIELS, THOUGH, IS NAMED ONLY IN THIS PRESENT

INDICTMENT, THE ONE IN JULY OF 07, THE 16 DEFENDANT ONE? A. THAT'S CORRECT.

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37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. DURING THE COURSE OF THE DEA'S INVESTIGATION, THE DEA'S

INVESTIGATION OF BMF, WERE THERE ANY COCAINE SEIZURES DIRECTLY FROM DEFENDANT DANIELS, HIS CAR, HIS HOUSE, ANYTHING LIKE THAT? A. Q. NO DRUG SEIZURES, NO. I WANT YOU TO SHARE WITH THE JURY A LITTLE BIT, WE'RE NOT

GOING TO GO INTO A LOT OF DETAIL, BUT SOME OF THE HIGHLIGHTS OF THE INVESTIGATIVE STEPS HERE IN ATLANTA THAT LED UP TO THE INDICTMENT IN THIS CASE. WHAT GOT THE BALL ROLLING, IF YOU WILL, WITH YOUR INVESTIGATION, DEA'S INVESTIGATION INTO THE BMF'S ACTIVITIES, BLACK MAFIA FAMILY'S ACTIVITIES HERE IN ATLANTA? A. WHAT I CONSIDER THE FIRST SIGNIFICANT INCIDENT WAS

SEPTEMBER 7TH OF 2003 WHICH WAS WHEN A CITY OF ATLANTA SEARCH WARRANT WAS EXECUTED AT A RESIDENCE HERE IN MIDTOWN ATLANTA 409 ANGIER COURTS. POLICE THERE WERE INVESTIGATING A HOME INVASION, AND THEY EXECUTED A SEARCH WARRANT IN THE COURSE OF INVESTIGATING THE HOME INVASION AND UNCOVERED A KILOGRAM OF COCAINE AND A LOT OF RECORDS THAT PERTAINED TO WHAT WAS FOUND TO BE A FRAUDULENT AUTOMOBILE LEASING OPERATION. INCLUDED AMONG THE PAPERWORK FROM THAT OPERATION WHICH WAS CALLED EXQUISITE EMPIRE WAS A LIST OF BMF CUSTOMERS AND BMF VEHICLES. THAT WAS THE FIRST TIME THAT I HAD SEEN BMF

IN BLACK AND WHITE, AND AT THAT POINT WHEN I BECAME AWARE OF THAT CASE, I BEGAN TO COORDINATE MORE SO WITH THE ATLANTA

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38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 POLICE AND WITH THE FBI. Q. SO WE'RE CLEAR ON THE STATEMENT YOU MADE OF BMF CUSTOMERS,

THIS IS CUSTOMERS FOR THESE VEHICLES? A. Q. THAT'S CORRECT. WHEN YOU SAY A FRAUDULENT VEHICLE IS THIS A VOLKSWAGEN WHAT

THAT SAYS PORSCHE ON IT AND THAT'S WHY IT'S FRAUDULENT? DO YOU MEAN BY FRAUDULENT VEHICLE IN A NUTSHELL? A. NO, IT INVOLVED STRAW BUYERS.

IT WAS JUST A SYSTEM WHERE

INDIVIDUALS WHO HAD CASH TO SPEND BUT DID NOT HAVE CREDIT TO OBTAIN BANK LOANS WOULD HAVE OTHER PEOPLE, THE STRAW, OBTAIN THE LOAN, GET THE VEHICLE FOR A PRICE, FOR CASH PAYMENTS OF MAYBE A THOUSAND DOLLARS, AND THEN THE ACTUAL PERSON WHO WANTED TO DRIVE THE CAR WOULD GET POSSESSION OF THE VEHICLE, AND IT WOULD NOT BE A VOLKSWAGEN. IT WAS USUALLY SOMETHING REAL NICE

LIKE A PORSCHE CAYENNE, CHRYSLER 300, BMW X5. Q. MY VOLKSWAGEN IS VERY NICE. THANK YOU. BUT I HAVE GOOD CREDIT, YOU HAVE BAD CREDIT, YOU WANT THE PORSCHE CAYENNE, FOR SOME REASON I'M WILLING TO GET THE CAYENNE IN MY NAME. DRIVE THE CAR? A. YES, I WIND UP WITH A NICE CAR AND NO PAPER TRAIL LINKING IF SOMEONE HAPPENED TO SEE THE LICENSE PLATE, YOU'RE PAYING ME FOR THAT AND YOU GET TO

ME TO THAT CAR.

THEY WOULD NEVER BE ABLE TO TRACE IT TO ME BE WHICH IS WHAT I IN MY POSITION WITH BAD CREDIT BUT LOTS OF CASH WANTS. Q. OKAY. THAT'S SEPTEMBER 2003. WHAT'S THE NEXT MAJOR EVENT

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39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN YOUR INVESTIGATION INTO THE BMF COCAINE ACTIVITY? A. TWO MONTHS LATER, NOVEMBER 17TH, 2003, I PARTICIPATED IN

AN EXECUTION OF A SEARCH WARRANT AT A PLACE IN LITHONIA, GEORGIA, 6086 BELLAIRE LAKE ROAD. IT'S SOMETHING THAT -- IT'S

A BIG HOUSE, A MILLION DOLLAR HOUSE CALLED THE WHITE HOUSE. Q. YOU'RE SAYING IT'S CALLED THE WHITE HOUSE. DOES IT SAY

THAT ON THE BUILDING? A.

WHY ARE YOU CALLING IT THE WHITE HOUSE?

AT THE TIME ACTUALLY I DIDN'T KNOW IT WAS KNOWN AS THE

WHITE HOUSE, BUT SINCE THAT SEARCH WARRANT AND OTHER EVENTS, I'VE INTERVIEWED NUMEROUS, PROBABLY A DOZEN OF SO WITNESSES WHO REFER TO 6086 BELLAIRE LAKE ROAD AS THE WHITE HOUSE. ITS NICKNAME. Q. OKAY. AND WHO WAS IT THAT LAW ENFORCEMENT SUSPECTED WAS THAT WAS

OCCUPYING OR USING THIS HOUSE? A. LAW ENFORCEMENT BELIEVED THE WHITE HOUSE OR 6086 BELLAIRE

LAKE ROAD TO BE THE RESIDENCE OF DEMETRIUS FLENORY A/K/A MEECH, THE ALLEGED HEAD OF BMF ALONG WITH HIS BROTHER TERRY FLENORY, BIG T. THEY WERE TWO DETROIT NATIVES WHO WERE KNOWN THROUGH OUR INVESTIGATION TO HAVE MOVED OUT OF DETROIT. TERRY, THE

YOUNGER BROTHER, TO LOS ANGELES; AND MEECH, DEMETRIUS, THE OLDER BROTHER, THEY'RE SEPARATED BY A YEAR, DEMETRIUS MOVED TO ATLANTA AND SET UP SHOP IN ATLANTA. Q. A. DEMETRIUS FLENORY YOU SAID HAS WHAT CONNECTION TO THE BMF? HE IS THE CO-LEADER ALONG WITH HIS BROTHER.

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40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. AND DEMETRIUS WAS MORE COMMONLY KNOWN BY WHAT NAME TO

PEOPLE WHO WERE INVOLVED? A. DEMETRIUS FLENORY IS KNOWN FAR AND WIDE AS MEECH, BIG

MEECH OR MEECHIE. Q. A. WHAT DID THE SEARCH OF THE WHITE HOUSE YIELD? THE SEARCH OF THE WHITE HOUSE -- FIRST OF ALL, IT WAS ONLY THE

OCCUPIED BY ONE PERSON AND THAT PERSON WAS NOT ARRESTED. SEARCH -Q. I WANT TO STOP YOU FOR A SECOND.

WHEN YOU SAY OCCUPIED

BY, WHAT DO YOU MEAN, YOU ONLY FOUND ONE PERSON THERE? A. I MEAN WHEN WE HIT THE HOUSE, THERE WAS ONLY ONE PERSON

INSIDE THE HOUSE AT THAT TIME, AND THAT WAS A PERSON NAMED INNOCENT GUERVILLE. HE WAS HIDING IN A CLOSET. WE SECURED HIM

BUT WE DID NOT ARREST HIM. THE SEARCH OF THE HOUSE UNCOVERED THINGS LIKE A MONEY COUNTER, POLICE RADIO SCANNER -Q. A. WHAT'S A POLICE RADIO SCANNER? JUST A DEVICE THAT CAN DEPENDING ON ITS EFFECTIVENESS

INTERCEPT POLICE COMMUNICATIONS IN ORDER TO EVADE POLICE INVESTIGATION. JEWELRY -Q. A. YOU SAY SOME JEWELRY, TEN DOLLARS WORTH OF JEWELRY? THE JEWELRY WAS APPRAISED AT A VALUE OF 123,000 DOLLARS. THERE WERE BMF T-SHIRTS THAT WOULD BE ONE PURPOSE OF IT. SOME

SOME OF IT INCLUDED BMF MEDALLIONS. AND JUST -- THERE WERE SOME CD'S.

THERE WERE PHOTOGRAPHS THAT

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41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INCLUDED PHOTOGRAPHS OF DEMETRIUS FLENORY AND TERRY FLENORY. Q. THE FLENORY BROTHERS YOU'VE MENTIONED THEM A COUPLE OF THEY'RE NOT IN THIS INDICTMENT. ARE THEY IN THE

TIMES.

DETROIT INDICTMENT? A. YES, THEY WERE NAMED IN THAT 25 DEFENDANT DETROIT

INDICTMENT THAT WAS RETURNED IN 2005. Q. YOU WERE GOING THROUGH WHAT YOU FOUND IN THE WHITE HOUSE

WHEN IT WAS SEARCHED. A. Q. A. YES. ANYTHING ELSE OF NOTE TO THE INVESTIGATION? THERE WAS SOME I.D. DOCUMENTS, AND THERE WERE HANDWRITTEN

NOTEBOOKS THAT WE CONSIDERED TO BE LEDGERS REFLECTING DRUG DEALING AND WE LATER CONFIRMED THAT THROUGH INTERVIEWS. Q. WERE THERE ANY DOCUMENTS -- YOU SAID SOME I.D. DOCUMENTS. WERE THERE ANY DOCUMENTS

THIS MAY BE WHAT I'M ASKING ABOUT.

FOUND AT THE WHITE HOUSE CONCERNING THE OWNERSHIP OR REGISTRATION OF CARS, MOTOR VEHICLES? A. YES, THERE WAS ALL KINDS OF TITLES AND REGISTRATIONS, A LOT OF THE VEHICLES THAT WERE NOT

INSURANCE PAPERWORK.

PRESENT AT THE HOUSE, JUST THE PAPERWORK ON THE VEHICLES THAT WERE PRESENT AT THE HOUSE, AND A LOT OF NAMES ON THAT PAPERWORK THAT AT THE TIME WERE NOT FAMILIAR TO ME. MR. MCBURNEY: JUDGE, I'M GOING TO NEED TO APPROACH I'M GOING TO

AGENT HARVEY THROUGHOUT THE DIRECT EXAMINATION. BE DOING SOME SHUTTLING IF I MAY?

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42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: ALL RIGHT. YOU MAY.

MR. MCBURNEY: BY MR. MCBURNEY: Q.

THANK YOU.

AGENT HARVEY, I'M SHOWING YOU GOVERNMENT'S EXHIBITS 1, 2 IF YOU'D LET ME KNOW IF YOU RECOGNIZE THOSE?

AND 3. A.

EXHIBIT 1 IS JUST A PHOTOGRAPH OF THE WHITE HOUSE, 6086

BELLAIRE LAKE ROAD, LITHONIA, GEORGIA TAKEN FROM THE OUTSIDE. Q. A. TWO? TWO IS A PHOTOGRAPH OF THAT ONE INDIVIDUAL WHO WAS AT THE HIS NAME IS INNOCENT GUERVILLE. WE SNAPPED

HOUSE THAT DAY. HIS PHOTO. Q. A. AND THREE?

AND THREE IS PHOTOCOPIES OF SOME OF THE PAPERWORK

PERTAINING TO THE VEHICLES THAT WAS TAKEN OUT OF THE HOUSE. Q. YOU SAY PHOTOCOPIES, DO YOU KNOW WHERE THE ORIGINALS OF

THOSE PHOTOCOPIES ARE? A. Q. THE ORIGINALS WENT TO DEA DETROIT. OKAY. ARE THOSE FAIR AND ACCURATE COPIES OF THE PHYSICAL

EVIDENCE THAT WAS SENT UP TO DETROIT FOR THEIR MATTER? A. Q. YES, THEY ARE. AND THE TWO PICTURES YOU DESCRIBED, THOSE ARE FAIR AND THE

ACCURATE REPRESENTATIONS OF THE TWO THINGS YOU DESCRIBED. WHITE HOUSE AND I'LL CALL HIM DEFENDANT GUERVILLE? A. Q. YES. I CALLED HIM DEFENDANT GUERVILLE.

IS HE A DEFENDANT IN

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43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THIS CASE, THE ATLANTA INDICTMENT? A. HE IS A DEFENDANT IN THE ATLANTA INDICTMENT, BUT HE IS A

FUGITIVE. Q. OKAY. MR. MCBURNEY: JUDGE, AT THIS TIME THE GOVERNMENT

TENDERS GOVERNMENT'S EXHIBITS 1 THROUGH 3. MR. O'BRIEN: THE COURT: NO OBJECTION.

THEY ARE ADMITTED. I'M GOING TO HOLD ON TO 3, AND I'M

MR. MCBURNEY:

GOING TO SEE IF I CAN GET THIS TO WORK. BY MR. MCBURNEY: Q. AGENT HARVEY, THIS IS GOVERNMENT'S EXHIBIT 1. WHAT IS

THAT? A. Q. THAT IS THE WHITE HOUSE, 6086 BELLAIRE LAKE ROAD. THAT'S WHERE YOU FOUND ALL THESE THINGS WHERE YOU JUST

DESCRIBED, THE JEWELRY, PICTURES OF MEECH THE DOCUMENTS? A. Q. A. Q. A. Q. THAT'S CORRECT. AND SECOND GOVERNMENT'S EXHIBIT 2, WHO'S THAT? THAT IS INNOCENT GUERVILLE A/K/A FIFTY. AND THAT'S THE GUY YOU FOUND IN THE HOUSE? YES. WAS THERE A TIME IN YOUR INVESTIGATION AFTER THE SEARCH OF

THE WHITE HOUSE AND THE DISCOVERY OF THESE VEHICLE DOCUMENTS GOVERNMENT'S EXHIBIT 3, THE REGISTRATIONS, ET CETERA, THAT THEY BECAME SIGNIFICANT TO YOUR INVESTIGATION?

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44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. YES, WHAT WOUND UP HAPPENING WITH THE FOUR -- THERE WAS A

TOTAL OF 19 VEHICLES THAT WERE IDENTIFIED IN THE PAPERWORK. WITHIN THE FOLLOWING EIGHT MONTHS AFTER THAT SEARCH WARRANT, SEVEN, EIGHT MONTHS, FOUR OF THOSE VEHICLES WOUND UP BEING STOPPED ON TRAFFIC STOPS IN VARIOUS PLACES ACROSS THE COUNTRY MICHIGAN, MISSOURI, GEORGIA FROM WHICH SIGNIFICANT AMOUNTS OF EITHER CASH OR COCAINE WERE SEIZED, AND THERE WAS A 5TH STOP THAT DID NOT RELATE TO ONE OF VEHICLES BUT IT DID RELATE TO ONE OF THE NAMES THAT WAS ON ONE OF THE OTHER FOUR VEHICLES. Q. THERE'S ONLY ONE OF THE STOPS CONCERNING THOSE VEHICLES

THAT I WANT TO GET INTO ANY DETAIL ON. WHEN WAS THE FIRST STOP THAT RELATED TO THE DOCUMENTS SEIZED IN THE WHITE HOUSE? A. THE FIRST ONE OCCURRED ON MARCH 16TH OF 2004 IN MISSOURI. THE PAPERWORK ON THAT

THAT WAS A 1999 LINCOLN LIMOUSINE. VEHICLE WAS FOUND AT THE HOUSE.

THE VEHICLE WAS STOPPED ON

I-44 OUTSIDE ST. LOUIS TRAVELING WESTBOUND. AFTER THE LIMOUSINE WAS STOPPED, IT WAS FOUND TO BE DRIVEN BY AN INDIVIDUAL NAMED JABARI HAYES, AND A SEARCH OF THAT VEHICLE UNCOVERED TRAPS IN THE VEHICLE, AND INSIDE THE TRAPS WAS 588,000 DOLLARS IN SUSPECTED DRUG PROCEEDS THAT WERE SEIZED. Q. QUESTIONS ABOUT THAT. FIRST, YOU SAID WESTBOUND, SO AWAY

FROM ATLANTA THIS CAR WAS GOING? A. YES, CORRECT.

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45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. SECOND, YOU CALLED THESE THINGS TRAPS. WE'LL HEAR A LOT

ABOUT TRAPS, BUT JUST THIS ONE TIME FROM YOU DESCRIBE TO THE JURORS WHAT A TRAP IS, HOW IT WORKS? A. WELL, THERE'S A VARIETY OF TRAPS FROM CRUDE TO VERY, VERY

SOPHISTICATED -Q. IN THIS CASE DID THE DEA ENCOUNTER SOPHISTICATED TRAPS OR

CRUDE TRAPS? A. VERY SOPHISTICATED, VERY, VERY DIFFICULT TO LOCATE AND TO IT REQUIRES WHAT THE DRUG TRAFFICKERS CALL THE SOME PEOPLE KNOW THE COMBINATION, SOME DON'T, AND

OPEN.

COMBINATION.

IF YOU DON'T KNOW THE COMBINATION IT'S LIKE TRYING TO OPEN A SAFE. AT LEAST FOR ME I HAVE A VERY HARD TIME WITH GETTING

INTO THEM OTHER THAN WITH A HAMMER AND A CROWBAR. Q. WHEN SAY A COMBINATION, IS THERE JUST A DIAL ON THE

PASSENGER DOOR, AND IF YOU KNOW THE NUMBERS THEN OUT COMES THE COCAINE? A. NO, IT'S NOT LIKE THAT, BUT IT'S LIKE YOU HAVE TO KNOW HOW IT MIGHT BE

TO ACTIVATE THE MECHANISM THAT WILL OPEN THE TRAP.

TURN ON THE DEFROSTER AND PUT ON THE CRUISE CONTROL AND PUT THE AUTOMATIC RIGHT REAR WINDOW DOWN AND THAT WOULD DO IT DEPENDING ON HOW IT'S MADE BY THE PERSON WHO INSTALLS THE TRAP. Q. SO MR. HAYES WAS DRIVING THIS CAR AND THE PAPERWORK FOR

THAT CAR WAS IN THE WHITE HOUSE? A. Q. THAT'S CORRECT. 588,000 DOLLARS. WAS MR. HAYES ARRESTED AT THAT TIME?

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46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. HE WAS ARRESTED ONLY BECAUSE OF THE -- HE HAD A BENCH I THINK HE SPENT MAYBE AN HOUR

WARRANT FOR SOME MISDEMEANOR.

OR TWO IN CUSTODY IN ST. LOUIS, BUT HE GOT RIGHT BACK OUT BECAUSE HE WAS NOT CHARGED IN CONNECTION WITH A DRUG CONSPIRACY OR ANYTHING LIKE THAT. Q. A. Q. THE HALF MILLION DOLLARS HE JUST LEFT BEHIND? YES, HE CLAIMED NOT TO HAVE KNOWLEDGE OF THAT MONEY. DID THE INVESTIGATION ENCOUNTER OR DID MR. HAYES ENCOUNTER

THE INVESTIGATION ONE MONTH LATER? A. YES, WHAT HAPPENS WITH REGARD TO JABARI HAYES WAS A MONTH

LATER IN THE SAME AREA OF ST. LOUIS THIS TIME TRAVELING EASTBOUND IN A MOTORHOME HE WAS STOPPED AGAIN. IT WAS EASTER

SUNDAY, APRIL 11TH, 2004 IN THE AFTERNOON AND A SEARCH OF THE MOTORHOME REVEALED 113 KILOGRAMS OF COCAINE. HAYES AT THAT TIME WAS USING A DIFFERENT NAME, BUT THE INVESTIGATORS DID ARREST HIM ON THAT OCCASION AND THEY LEARNED -- HE EVENTUALLY DID GIVE HIS CORRECT NAME, BUT HE HAD SHOWED A TENNESSEE DRIVER'S LICENSE WHICH HE HAD OBTAINED SINCE THE MONEY SEIZURE. Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBIT 12-A. DO YOU

RECOGNIZE THAT? A. YES, THAT IS THE -- THAT'S A FACSIMILE OF THE TENNESSEE

DRIVER'S LICENSE DISPLAYED BY JABARI HAYES ON APRIL 11TH OF 2004. IT'S IN THE NAME KENNETH TOREY COLLINS. MR. MCBURNEY: GOVERNMENT TENDERS EXHIBIT 12-A.

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47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARKET. MR. O'BRIEN: THE COURT: BY MR. MCBURNEY: Q. THIS IS 12-A. FIRST, THE PHOTO WHO IS THAT A PICTURE OF, NO OBJECTION.

IT'S ADMITTED.

IF YOU KNOW? A. Q. A. Q. THAT IS JABARI HAYES. BUT THE NAME IS KENNETH TOREY COLLINS? YES. I GUESS IT WOULDN'T WORK FOR ME BUT IF SOMEONE LOOKED LIKE

MR. HAYES OR MR. HAYES HIMSELF HANDED THAT DRIVER'S LICENSE TO A POLICE OFFICER IF HE WAS PULLED OVER FOR SPEEDING, WHAT HAPPENS WHEN THAT LICENSE NUMBER OR NAME ARE ENTERED INTO THE SYSTEM, IF YOU KNOW? A. YES, I KNOW. IT WOULD CHECK OUT. KENNETH TOREY COLLINS

HAS A PERFECTLY CLEAN RECORD, NO TRAFFIC VIOLATIONS, NO CRIMINAL VIOLATIONS, AND IT'S A VALID LICENSE. THAT'S NOT SOMETHING THAT WOULD BE OBTAINED AT A FLEA THOSE LICENSES -- I MEAN THAT IS A DIFFERENT VARIETY

OF FALSE I.D. THAT WHEN THE POLICE RUN THOSE THEY SEE THERE'S SOMETHING WRONG, BUT THESE TENNESSEE LICENSES ARE VALID AND CURRENTLY ISSUED. Q. A. Q. WAS MR. HAYES FROM NASHVILLE, TENNESSEE? NO, NOT AT ALL. YOU MENTIONED SOMETHING ABOUT ACQUIRING THIS AFTER THE

FIRST STOP OF THE HALF MILLION DOLLARS AWAY FROM ATLANTA AS

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48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OPPOSED TO THE DRUGS COMING TOWARDS ATLANTA. WHAT'S THE ISSUE DATE OF MR. HAYES' SLASH MR. COLLINS' DRIVER'S LICENSE? A. THE ISSUE DATE OF MARCH 25TH, 2004 THAT WOULD HAVE BEEN

JUST A WEEK AFTER THE STOP WHICH WAS -- THE MONEY STOP WHICH WAS 3-16 OF 04. Q. SO AFTER THE MONEY STOP WHERE IN TIME IN RELATION TO THE

113 KILOS? A. LET'S SEE THE 113 KILOS WAS APRIL 11TH. SO APPROXIMATELY

TWO AND A HALF WEEKS. Q. A. BEFORE OR AFTER? THE DRUGS WERE SEIZED AFTER THE COLLINS' LICENSE WAS

OBTAINED. Q. THANK YOU. WITHOUT GOING INTO MUCH DETAIL, YOU SAID THERE WERE THREE OTHER VEHICLES WHOSE PAPERWORK WAS FOUND IN THE WHITE HOUSE THAT THEN POPPED UP IN THE COURSE OF THE DEA'S INVESTIGATION INTO THE BMF'S COCAINE CONSPIRACY. A. Q. YES. WHAT WAS FOUND IN THOSE CARS IF THAT'S WHAT THE ENCOUNTER

INVOLVED SEARCHING THE CARS? A. THE FIRST OF THE THREE OTHER INCIDENTS WAS ON APRIL 5TH,

2004 IN MISSOURI, AGAIN -Q. I DON'T MEAN TO CUT YOU OFF. IF MR. O'BRIEN WANTS THAT

LEVEL OF DETAIL, HE CAN ASK YOU.

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49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. WHAT WAS FOUND IN THE CARS THAT WERE STOPPED? JUST THE THREE WERE EIGHT KILOS OF COCAINE, 200,000 IN

CASH IN GEORGIA, EIGHT KILOS OF COCAINE IN MISSOURI AND TEN KILOS OF COCAINE IN MICHIGAN. Q. A. Q. A. Q. SO DRUG STOPS, ONE MONEY STOP? YES, CORRECT. WAS DEFENDANT DANIELS DRIVING ANY OF THOSE CARS? HE WAS NOT. LET'S MOVE TO JUNE 2004. WHAT EVENT OF SIGNIFICANCE

OCCURRED IN JUNE THAT YOU AND THE DEA WOULD HAVE COVERED, NOT NECESSARILY DRUG RELATED BUT SOME BMF EVENT? A. OKAY. JUNE 21ST OF 2004 I WAS ON SURVEILLANCE WITH OTHERS IT WAS A BIRTHDAY

FROM ATLANTA POLICE PRIMARILY OF AN EVENT. PARTY. IT WAS MEECH'S BIRTHDAY PARTY.

HE THREW JUST A MAJOR

PARTY AT THE COMPOUND. Q. WHEN YOU SAY MAJOR PARTY, YOU ATTENDED NOT IN THE SENSE

THAT MEECH INVITED YOU, BUT YOU WERE SOMEHOW PRESENT CHECKING THINGS OUT. JUST DESCRIBE FOR THE JURY BRIEFLY WHY YOU CALL IT

A LAVISH PARTY OR WHATEVER WORDS YOU USED? A. IT WAS VERY WELL ATTENDED, AND IT FEATURED AMONG OTHER THE THEME OF THE PARTY WAS

THINGS WILD ANIMALS, ZOO ANIMALS. MEECH OF THE JUNGLE. Q. 4. A.

SPEAKING OF THAT, I WANT TO SHOW YOU GOVERNMENT'S EXHIBIT DO YOU RECOGNIZE THAT? YES, THIS IS THE FLIER PROMOTING THE PARTY. IT SAYS

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50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BMF -Q. A. Q. YOU DON'T NEED TO READ IT. YES, I'M FAMILIAR WITH IT. OKAY. THAT'S A PHOTOCOPY. IS THAT THE FORM IN WHICH THE YOU'RE FAMILIAR WITH THAT?

DEA OBTAINED IT, OR IS THERE AN ORIGINAL GLOSSARY FLIER AND HERE WE HAVE A COPY? A. NO, THIS IS THE ONLY COPY THAT WE OBTAINED, AND IT IS THE IT LOOKS JUST LIKE

ACTUAL -- I THINK THIS IS THE ACTUAL ONE. THE ONE THAT I WAS GIVEN BY SOMEONE. Q. MR. MCBURNEY: MR. O'BRIEN: THE COURT: BY MR. MCBURNEY: Q. OKAY.

GOVERNMENT TENDERS EXHIBIT 4. NO OBJECTION.

IT'S ADMITTED.

SO THIS IS THE FLIER YOU WERE TALKING ABOUT

STARRING MEECH OF THE JINGLE? A. Q. YES, IT IS. THE COMPOUND HAS AN ADDRESS OF BRADY AVENUE. CAN YOU PUT

THAT SOMEWHERE -A. IT'S NORTHWEST ATLANTA JUST OFF HOWELL MILL ROAD WEST OF

I-75. Q. NOW, THERE'S A NAME IN THE LOWER LEFT-HAND CORNER I JUST WHAT DOES THAT SAY? IT SPELLS BLEU IN AN UNUSUAL WAY,

CIRCLED. A.

THAT SAYS BLEU DAVINCI.

BUT IT'S BLEU DAVINCI.

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51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. IT'S THE FRENCH SPELLING OF BLUE? YES. WHO IS HE? HE IS AN INDIVIDUAL WHO WAS INDICTED IN THIS CASE. HIS

NAME IS -- HIS REAL NAME IS BARIMA PEEWEE MCKNIGHT. Q. A. Q. SO BARIMA MCKNIGHT EQUALS BLEU DAVINCI? YES. WHY, IF YOU KNOW, DOES HE GET THE SPECIAL SHOUTOUT

THERE -- FIRST OF ALL, IS THIS A PHOTO OF MEECH? A. Q. A. Q. YES, THAT IS DEMETRIUS FLENORY, MEECH. AND SOME WILD ANIMALS? YES. AND THEN THERE'S THIS NAME BLEU DAVINCI. WHAT IS HIS

CONNECTION, IF YOU KNOW, WITH MEECH AND BMF? A. BLEU DAVINCI IS FROM LOS ANGELES, AND HE IS THE ALLEGED HE'S THE RAP ARTIST THAT

ENTERTAINER FOR BMF ENTERTAINMENT.

THEY -- THAT THE BMF FINANCIALLY PROMOTED AND SUPPORTED IN TERMS OF RAP MUSIC. Q. OKAY. YOU SAY ALLEGED ENTERTAINER. IF I WERE TO GO TO

AMAZON AND TYPE IN BLEU DAVINCI, WOULD I IN FACT FIND AN ALBUM OR TWO OR MORE THAT BLEU DAVINCI DID? A. I DON'T THINK HE MADE ANY ALBUMS HIMSELF. HE DID SOME

MIXED TAPES SUPPOSEDLY. TALENT BUT -Q.

I JUST -- I CAN'T EVALUATE HIS

THAT'S NOT MY QUESTION AND IT MAY NOT BE YOUR FIELD OF

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52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATLANTA. MUSIC. THAT'S NOT WHERE I'M GOING WITH THIS, BUT I WANT TO

MAKE IT CLEAR ON BLEU DAVINCI WAS HE IN FACT -- YOU CALLED HIM AN ALLEGED ENTERTAINER, BUT WAS HE IN FACT SOMEONE WHO WOULD TAKE THE STAGE AND SING WHATEVER IT WAS HE WAS SINGING? A. Q. I'VE SEEN PICTURES OF HIM ON STAGE, YES. OKAY. YOU ALSO SAID HE'S A DEFENDANT IN THE ATLANTA BMF

INDICTMENT? A. Q. THAT IS CORRECT, YES. THIS PARTY, THOUGH, NO ARRESTS THAT DEA MADE, JUST

SURVEILLANCE? A. CORRECT. AND WHEN I SAY I WAS AT THE PARTY, I WAS NOT A

GUEST. Q.

I WAS IN A VAN OUTSIDE THE PARTY. YOU DIDN'T

I DON'T SEE YOUR NAME ON THE INVITATION.

ENTERTAIN EITHER? A. Q. NO, I DIDN'T. LET'S MOVE FORWARD IN THE CALENDAR. IN NOVEMBER OF 2004

WERE THERE ANY SIGNIFICANT SEARCHES OF OTHER LOCATIONS THAT YOUR INVESTIGATION LED YOU, LED THE DEA TO CONNECT TO BMF DRUG ACTIVITIES? A. YES. WHAT HAPPENED IN NOVEMBER, NOVEMBER 23RD OF 2004, IT WE LAW

WAS TWO DAYS BEFORE THANKSGIVING, A TUESDAY EVENING.

ENFORCEMENT EXECUTED SEARCH WARRANTS AT TWO LOCATIONS. ONE OF THEM WAS 4363 PARAN PLACE IN NORTHWEST THE OTHER WAS 1163 BROOKHAVEN NORTH CIRCLE IN

NORTHEAST ATLANTA, ACTUALLY DEKALB COUNTY.

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53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BOTH THOSE SEARCH WARRANTS WERE EXECUTED AT APPROXIMATELY THE SAME TIME. Q. LET'S TALK BOUT THE PARAN PLACE LOCATION FIRST. THE FIRST

HOUSE YOU TALKED ABOUT BEING SEARCHED HAD A NAME THE WHITE HOUSE. A. Q. YES. DID YOUR INVESTIGATION CAUSE YOU TO BECOME FAMILIAR WITH A

LABEL OR MONIKER THAT WAS GIVEN TO THE PARAN PLACE ADDRESS? A. YES, PARAN PLACE WAS CALLED SPACE MOUNTAIN BECAUSE OF THE

LOOK OF THE HOUSE. Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBITS 5-A AND B. TELL

ME IF YOU RECOGNIZE THOSE. A. YES, THESE ARE BOTH AERIAL PHOTOGRAPHS OF 4363 PARAN PLACE

A/K/A SPACE MOUNTAIN. Q. A. ARE THEY FAIR AND ACCURATE DEPICTIONS OF SPACE MOUNTAIN? YES, THEY ARE. MR. MCBURNEY: MR. O'BRIEN: THE COURT: BY MR. MCBURNEY: Q. IT'S KIND OF HARD TO TELL HOW THAT HOUSE LOOKS. THAT'S JUDGE, GOVERNMENT TENDERS 5-A AND B. NO OBJECTION.

THEY'RE ADMITTED.

RIGHT SIDE UP? A. Q. A. YEAH, THAT'S CORRECT. THAT'S SPACE MOUNTAIN? YES, THAT IT IS. IT'S AT THE MOUNT PARAN ROAD AND PARAN

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54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EVENING. PLACE. Q. TELL THE JURORS ABOUT THAT INCIDENT MEANING LAW

ENFORCEMENT SEARCH OF SPACE MOUNTAIN AND ANY EVENTS THAT LED UP TO IT WHERE SUSPECTED BMF ASSOCIATES WERE STOPPED? A. THE INVESTIGATION THAT LED TO THE SEARCH OF PARAN PLACE

WAS CONDUCTED BY HIDTA WHICH IS MEANS HIGH INTENSITY DRUG TRAFFICKING AREA. IT'S A DIFFERENT GROUP FROM MY OWN GROUP,

BUT I WAS IN TOUCH WITH THEM AND COORDINATING WITH THEM. THE SEARCH WARRANT WAS OBTAINED AND EXECUTED ON THAT I JOINED THE SEARCH AFTER THE ENTRY HAD BEEN MADE,

AND I PARTICIPATED IN THE SEARCH. AGAIN THIS WAS ANOTHER OCCUPATION THAT WAS NOT -ANOTHER LOCATION THAT WAS NOT OCCUPIED AT THE TIME OF THE SEARCH, BUT -Q. I WANT TO STOP YOU FOR A SECOND. YOU USED THE LAW

ENFORCEMENT TERM NOT OCCUPIED.

WAS IT AN ABANDONED HOUSE OR NO

ONE WAS THERE WHEN THE SEARCH WARRANT WAS EXECUTED? A. I DON'T MEAN TO SAY IT WAS AN ABANDONED HOUSE. I JUST

MEAN NO ONE WAS THERE WHEN WE HIT THE HOUSE, BUT IT WAS LIVED-IN HOUSE. Q. ALL RIGHT. WHAT WAS FOUND OF INTEREST TO YOUR

INVESTIGATION INSIDE SPACE MOUNTAIN IN NOVEMBER OF 2004? A. INSIDE THIS HOUSE WERE A COUPLE OF GUNS, A TENNESSEE I.D., THE LICENSE WAS

TENNESSEE DRIVER'S LICENSE OF AN INDIVIDUAL. IN THE NAME OF DERRICK JERMAINE WILLIAMS.

THAT WAS THE SUBJECT

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55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THAT WE KNEW TO BE CHAD EVERITT BROWN A/K/A J-BO, A/K/A RAP. HE WAS ONE OF THE BMF HIGHER-UPS. Q. A. Q. A. Q. A. Q. A. Q. A. SO REAL NAME AS BEST YOU KNOW IS CHAD BROWN? THAT'S CORRECT. BUT KNOWN AS J-BO? CORRECT. IS HE IN ANY OF THE INDICTMENTS WE'VE TALKED ABOUT? HE IS. HE'S UNDER --

IS HE IN ONE OF THE INDICTMENTS? YES, IN DETROIT. OKAY. IN ADDITION TO THAT IDENTIFICATION THERE WAS AGAIN A LOT

OF BMF CLOTHING AND OTHER PARAPHERNALIA, TWO FIREARMS, TWO VEHICLES INCLUDING ONE OF THE LIMOS OR A LIMO, A HUMMER STRETCH LIMOUSINE AND A WHITE VAN, I THINK IT WAS A FORD VAN, AND A CONTAINER IN THE GARAGE THAT CONTAINED WRAPPINGS THAT WERE TESTED AND FOUND POSITIVE FOR COCAINE RESIDUE. Q. WHEN YOU SAY WRAPPINGS LIKE LITTLE PLASTIC BAGGIES OR

DESCRIBE, IF YOU CAN, A LITTLE MORE CLEARLY FOR THE JURY WHAT THAT IS? A. THESE WERE NOT KILO WRAPPERS BUT JUST LONG SORT OF LIKE

TAPE, JUST A CLOTH TAPE THAT WAS PROBABLY A HUNDRED FEET LONG JUST WRAPPING THAT WE TOOK OUT OF THE CONTAINER. Q. OKAY. I'M GOING TO STOP YOU. BEFORE THE SEARCH WAS

ANYONE STOPPED LEAVING SPACE MOUNTAIN THAT DAY?

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56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. YES, BEFORE THE SEARCH WAS EXECUTED ONE INDIVIDUAL WAS

FOLLOWED FROM THE HOUSE AND EVENTUALLY WAS PULLED OVER, AND HE IDENTIFIED HIMSELF WITH A TENNESSEE DRIVER'S LICENSE. AT THE TIME LAW ENFORCEMENT DID NOT KNOW THIS PERSON'S REAL IDENTITY. WE NOW KNOW HE WAS A FUGITIVE AT THE

TIME FROM ANOTHER DISTRICT, BUT HE SHOWED THE TENNESSEE LICENSE AND HE WAS BRIEFLY DETAINED OR HE WAS DETAINED FOR A WHILE BUT EVENTUALLY HE WAS RELEASED. Q. DO YOU RECALL THE NAME THAT WAS ON THE TENNESSEE DRIVER'S

LICENSE? A. Q. A. Q. YES, THE NAME ON THE LICENSE WAS LESLIE JAMES PARKER. WHO DID THAT TURN OUT TO BE? REAL NAME RALPH EDWARD SIMMS, S I M M S. BUT HE WAS LET GO THAT DAY AFTER HE ANSWERED SOME

QUESTIONS? A. Q. THAT'S CORRECT. WE TALKED ABOUT SOMEONE LEAVING THE HOUSE BEFORE THE DID ANYONE SHOW UP TO SPACE MOUNTAIN

SEARCH AND WAS FOLLOWED.

DURING THE COURSE OF THE SEARCH? A. YES, THE ONLY PERSON WHO SHOWED UP WHILE WE WERE SEARCHING HE SAID HE WAS A HE SAID HE HAD

WAS AN INDIVIDUAL NAMED JOSE CESTERO.

CONTRACTOR THERE TO DO SOME WORK ON THE HOUSE.

BEEN COMING AND GOING AT THAT LOCATION, AND HE WAS INNOCENT OF WHATEVER WE WERE THERE ABOUT. HE JUST TALKED TO US FOR A WHILE AND THEN HE LEFT.

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57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. HE GAVE HIS NAME AND WE DIDN'T ARREST HIM OR ANYTHING. LEFT. Q. WAS MR. CESTERO ABLE TO PROVIDE YOU WITH -- DID HE PROVIDE HE

YOU WITH ANY PHONE NUMBERS THAT HE CONNECTED TO THE DEFENDANT, DEFENDANT DANIELS? A. HE DID, NOT ON THAT EVENING BUT WITHIN THE NEXT TWO

MONTHS, I CONTINUED TO COMMUNICATE WITH HIM AND AT ONE POINT HE TOLD ME -MR. O'BRIEN: IT WOULD BE HEARSAY. MR. MCBURNEY: BY MR. MCBURNEY: Q. WITHOUT GETTING INTO WHAT MR. CESTERO TOLD YOU THAT WOULD I WILL REDIRECT THE WITNESS. JUDGE, I WOULD OBJECT TO WHAT HE SAID.

BE HEARSAY, MY QUESTION IS DID HE PROVIDE YOU WITH ANY PHONE NUMBERS CONNECTED TO DEFENDANT DANIELS? A. Q. A. HE DID, TWO NUMBERS. WHAT DID YOU DO WITH THOSE NUMBERS? I HAD TO IDENTIFY THE CARRIER OF THOSE NUMBERS. IT WAS

T-MOBILE.

THEN I SERVED T-MOBILE WITH AN ADMINISTRATIVE

SUBPOENA REQUESTING THE SUBSCRIBER NAME FOR THE NUMBERS AND THEY DID RESPOND. Q. I'M GOING TO SHOW YOU THREE EXHIBITS, ONE TAKES US BACK A

COUPLE OF MINUTES, 17-A AND 35-A AND B. FIRST ON 17-A WHAT'S THAT? 17-A IS A FACSIMILE OF THE TENNESSEE DRIVER'S LICENSE THAT

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58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. Q. A. Q. WAS DISPLAYED BY RALPH SIMMS IN THE NAME OF LESLIE JAMES PARKER ON THE EVENING OF THE 23RD OF NOVEMBER 2004. MR. MCBURNEY: MR. O'BRIEN: THE COURT: BY MR. MCBURNEY: Q. THIS LOOKS SIMILAR TO THAT JABARI HAYES ONE. WHO IS IN THE PHOTOGRAPH? THAT IS RALPH EDWARD SIMMS A/K/A RALPHIE. BUT THE NAME IS THE LESLIE JAMES PARKER YOU SAID HE GAVE? THAT'S CORRECT. SAME QUESTION WITH MR. HAYES' I.D. IF MR. PARKER PRESENTED GOVERNMENT TENDERS 17-A. NO OBJECTION.

IT'S ADMITTED.

THAT TO LAW ENFORCEMENT AND THEY RAN IT IN THE COMPUTER, WHAT WOULD HAPPEN? A. IT WOULD SHOW A VALID CURRENT TENNESSEE DRIVER'S LICENSE

IN THE NAME OF -- IF YOU RAN THE NUMBER YOU'D GET THE NAME LESLIE JAMES PARKER, NO CRIMINAL RECORD. Q. LET'S TALK ABOUT THE OTHER TWO EXHIBITS IN FRONT OF YOU YOU ALREADY TOLD THE JURY YOU SENT OFF A SUBPOENA

35-A AND B.

TO T-MOBILE TO LEARN ABOUT THE SUBSCRIBER INFORMATION FOR THE TWO NUMBERS THAT MR. CESTERO GAVE YOU. WHAT ARE 35-A AND B? THIS IS THE RESPONSE FROM T-MOBILE FOR -- TWO RESPONSES

ONE FOR EACH OF THE TWO NUMBERS. Q. ARE THOSE THE STANDARD RESPONSES THAT YOU GET WHEN YOU

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59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SEEK THAT TYPE OF INFORMATION FROM CELLPHONE SERVICE PROVIDERS? A. YES, PRETTY MUCH. THEY JUST SHOW THE PHONE NUMBER, THE

NAME, THE ADDRESS, THE TYPE OF ACCOUNT IN THIS CASE A PREPAY. Q. YOU DON'T NEED TO GET INTO THE CONTENT YET. IT'S NOT IN

EVIDENCE YET, BUT MY QUESTION IS THAT'S THE STANDARD FORMAT OF WHAT YOU GET FROM T-MOBILE OR SPRINT OR NEXTEL? A. Q. YES, IT IS. AND THOSE ARE TRUE AND ACCURATE COPIES IF THEY AREN'T IN

FACT THE ORIGINALS, THEY MAY BE, OF WHAT YOU GOT FROM T-MOBILE? A. YES, CORRECT. MR. MCBURNEY: MR. O'BRIEN: THE COURT: GOVERNMENT TENDERS 35-A AND BE. NO OBJECTION, YOUR HONOR.

THEY ARE ADMITTED.

LET ME KNOW WHEN YOU'RE AT A GOOD POINT FOR A BREAK? MR. MCBURNEY: YES, JUDGE. WE'LL DO THESE TWO THINGS

AND THEN HE'S GOING TO TALK ABOUT ANOTHER HOUSE, SO WE'LL BREAK BEFORE THEN. BY MR. MCBURNEY: Q. THIS IS 35-A. SO THIS IS WHAT YOU GET FROM T-MOBILE AS I WHAT IS THE NAME OF

UNDERSTAND AS A RESULT OF THE SUBPOENA. THE SUBSCRIBER OF THAT PHONE NUMBER? A. Q. THE NAME IS SHAMEER JACKSON.

WHAT IS THE SUPPOSED HOME ADDRESS OR SUBSCRIBER ADDRESS OF

SHAMEER JACKSON? A. 3206 SANTE FE PARKWAY, ATLANTA, GEORGIA.

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60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. I DON'T KNOW, I MAY READ THAT NUMBER A LITTLE WHATEVER YOU SEE -- LET ME HELP OUT HERE.

DIFFERENTLY. A. Q.

3202 SANTE FE PARKWAY. ALL RIGHT. AND IF WE MOVE BACK AND THE PHONE NUMBER,

WHATEVER IT IS THERE, IT DOESN'T REALLY MATTER, THE 678 ET CETERA WAS WHAT MR. CESTERO GAVE YOU? A. Q. CORRECT. AND LASTLY BEFORE BREAK, 35-B LOOKS LIKE SIMILAR WHAT IS DIFFERENT ABOUT 35-B FROM 35-A, SAME

INFORMATION. NAME? A. Q. A.

JUST THE NUMBER. THE PHONE NUMBER? YEAH, THE NUMBER IS SLIGHTLY DIFFERENT. THE PHONE NUMBER

IS SLIGHTLY DIFFERENT. Q. OKAY.

THE NAME AND THE ADDRESS ARE THE SAME. THE JURORS

AND THERE IS A DATE OF BIRTH ON BOTH.

CAN SEE 35-A WHEN THEY GET THE EVIDENCE, BUT WHAT'S THE DATE OF BIRTH HERE ON OF 35-B? A. Q. JULY 26TH OF 1973. ARE YOU FAMILIAR WITH THE DEFENDANT DANIELS' DATE OF

BIRTH? A. Q. A. YES, THAT IS HIS DATE OF BIRTH. BUT NOT HIS NAME, THAT SAYS SHAMEER JACKSON? THAT IS CORRECT. MR. MCBURNEY: THE COURT: WE'RE GOOD FOR RIGHT NOW, JUDGE.

WE WILL GO AHEAD AND TAKE A 15-MINUTE

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61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREAK, LADIES AND GENTLEMEN. DURING THE BREAK. (RECESS) THE COURT: YOU MAY PROCEED. THANK YOU, JUDGE. REMEMBER NOT TO DISCUSS THE CASE

MR. MCBURNEY: BY MR. MCBURNEY: Q.

AGENT HARVEY, WHEN WE LEFT OFF YOU WERE DESCRIBING HOW ON

I BELIEVE IT WAS NOVEMBER 23RD, A COUPLE OF DAYS BEFORE THANKSGIVING OF 2004, THERE WERE TWO RESIDENCES SEARCHED AS PART OF THE BMF INVESTIGATION HERE IN ATLANTA. ALREADY TALKED ABOUT SPACE MOUNTAIN. YOU HAD MENTIONED THAT THERE WAS ANOTHER ONE ON NORTH BROOKHAVEN OR BROOKHAVEN NORTH CIRCLE. TALK ABOUT NEXT. A. WHOSE HOUSE WAS THAT? THAT'S WHAT I WANT TO ONE WE'VE

THIS WAS THE RESIDENCE OF YOLANDA DRAYER A/K/A YOGI, A

FEMALE PERSONAL ASSISTANT TO DEMETRIUS FLENORY. Q. A. Q. MEECH? MEECH. WHAT WAS FOUND OF SIGNIFICANCE TO THE INVESTIGATION IN

YOGI'S HOUSE? A. THE SEARCH OF YOGI'S HOUSE REVEALED THREE FIREARMS, OVER

250,000 DOLLARS IN CASH AND ABOUT OVER 300,000 DOLLARS WORTH OF JEWELRY AND PHOTOGRAPHS. Q. I WANT TO TALK ABOUT THE PHOTOGRAPHS. I'M GOING TO SHOW

YOU EXHIBITS 23-A THROUGH D, ALPHA THROUGH DELTA, AND

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62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WAS TOLD. MR. MCBURNEY: I WASN'T TRYING TO GET YOU TO TALK SOMEONE ELSE CAN DO THAT. GOVERNMENT'S EXHIBIT 33. WITHOUT COMMENTING ON WHAT'S IN THE PHOTOGRAPHS, DO YOU RECOGNIZE THOSE? A. YES, THESE ARE ALL PHOTOS THAT WERE SEIZED ON NOVEMBER

23RD, 2004 FROM 1163 BROOKHAVEN NORTH CIRCLE IN ATLANTA. Q. ARE YOU PERSONALLY FAMILIAR WITH WHAT'S IN THOSE PHOTOS;

IN OTHER WORDS, DO YOU KNOW WHAT'S GOING ON THERE ONLY BECAUSE SOMEONE TOLD YOU? A. WELL, I KNOW SOME FROM OBSERVATION, BUT I WAS ALSO TOLD IT'S A 30TH BIRTHDAY PARTY FOR -JUDGE, I'M GOING TO OBJECT TO WHAT HE

WHAT WAS GOING ON.

MR. O'BRIEN:

ABOUT WHAT WAS IN THE PHOTOGRAPHS. BY MR. MCBURNEY: Q. A. Q.

THESE AREN'T PHOTOGRAPHS THAT YOU TOOK? THAT'S CORRECT. BUT THEY ARE PHOTOGRAPHS THAT LAW ENFORCEMENT SEIZED FROM

YOGI'S HOUSE? A. Q. CORRECT. OKAY. I'LL TAKE THOSE BACK. ARE THERE ANY OTHER LOCATIONS, HOUSES,

ALL RIGHT.

RESIDENCES IN ATLANTA THAT YOUR INVESTIGATION LED YOU TO ASSOCIATE WITH THE BMF'S COCAINE CONSPIRACY? A. YES. I CAN THINK OF A FEW.

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63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. WHY DON'T YOU NAME A COUPLE OF THEM AND WE'LL SEE IF WE

WANT TO TALK ABOUT THEM? A. Q. OKAY. WELL, 730 MOUNT PARAN ROAD, NORTHWEST ATLANTA. WE

DID THAT -- YOU'VE HAD NAMES FOR ALL THESE PLACES.

DIDN'T HAVE ONE FOR YOGI'S HOUSE OTHER THAN YOGI'S HOUSE. THIS 730 MOUNT PARAN ROAD DID IT HAVE A GAME? YES, IT WAS KNOWN AS THE GATE. OKAY. ANOTHER ONE?

5512-N GLENRIDGE DRIVE NORTHSIDE OF ATLANTA THAT WAS KNOWN

AS THE ELEVATOR. Q. A. Q. A. Q. A. YOU SAY "N" NOT NORTH, IS THAT SOME TYPE OF CONDO? IT'S THE UNIT NUMBER. THAT'S THE ELEVATOR? YES. AND ANY OTHERS? YEAH, THERE ARE OTHERS. TWO ON PEACHTREE VIEW AGAIN IN IT'S CONDOMINIUMS.

BROOKHAVEN. Q. A.

ANOTHER ONE IN LITHONIA 3303 CRYSTAL COVE --

CRYSTAL COVE IS ASSOCIATED WITH WHO, IF ANYONE? THAT WAS THE RESIDENCE OF BILL MARSHALL, WILLIAM MARSHALL

WHO IS A DEFENDANT IN THE -- ACTUALLY IN THE ORLANDO INDICTMENT. Q. YOU HAD MENTIONED TO THE JURORS ABOUT A RELATED ATLANTA IS BILL MARSHALL ALSO A

INDICTMENT AS TO EXQUISITE EMPIRE.

DEFENDANT IN THE EXQUISITE EMPIRE CASE? A. YES, THAT'S RIGHT, HE'S A DEFENDANT IN THE ORLANDO BMF

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64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDICTMENT AND THE ATLANTA EXQUISITE EMPIRE INDICTMENT. Q. ANY LOCATION YOU'RE FAMILIAR WITH ON HABERSHAM VALLEY

ROAD? A. YES, I AM. 125 HABERSHAM VALLEY ROAD IN ATLANTA SORT OF

IN THE BUCKHEAD AREA, AND THAT'S KNOWN AS THE HORSE RANCH. Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBITS 6-A THROUGH C AND

7-A AND B AND, FINALLY, 8-A THROUGH C. TELL ME FIRST IF YOU RECOGNIZE STARTING WITH 6-A THROUGH C? A. I DO. 6-A THROUGH C ARE AERIAL PHOTOGRAPHS OF 730 MOUNT

PARAN ROAD KNOWN AS THE GATE. Q. A. Q. WAS THE GATE EVER SEARCHED BY LAW ENFORCEMENT? NO, IT WAS NOT. ARE THOSE FAIR AND ACCURATE DEPICTIONS FROM THE SKY OF THE

GATE? A. Q. A. YES, THEY ARE. HOW ABOUT 7-A AND B? 7-A AND B ARE PHOTOS OF THE ELEVATOR, THE 5512-N GLENRIDGE

DRIVE LOCATION. Q. A. Q. A. ARE THOSE FAIR AND ACCURATE DEPICTIONS OF THE ELEVATOR? THEY ARE. FINALLY 8-A THROUGH C? 8-A THROUGH C ARE PHOTOS BOTH AERIAL AND TAKEN FROM THE

GROUND OF THE HORSE RANCH, 125 HABERSHAM VALLEY ROAD IN ATLANTA.

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65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. MR. MCBURNEY: JUDGE, THE GOVERNMENT TENDERS 6-A

THROUGH C, 7-A AND B AND 8-A THROUGH C. MR. O'BRIEN: THE COURT: BY MR. MCBURNEY: Q. I'M GOING TO SHOW YOU ONE FROM EACH OF THOSE COLLECTIONS, NO OBJECTION.

THEY ARE ADMITTED.

AGENT HARVEY. 6-C, WHAT IS IN 6-C? THAT'S 730 MOUNT PARAN ROAD. IT'S KIND OF HARD TO SEE,

BUT IT'S AN AERIAL PHOTO THAT WAS TAKEN BACK DURING THE WINTER. Q. OKAY. WHAT'S THIS AREA BACK HERE? THERE'S A LITTLE BIT

OF BLUE AND SOME KIND OF WALLED-IN AREA? A. Q. A. YEAH, THAT'S A SWIMMING POOL. AND THIS WOULD BE THE HOUSE KNOWN AS THE GATE? YES, THE HOUSE IS SET OFF FROM THE ROAD A GOOD BIT. IT'S

A PRETTY LONG DRIVEWAY. Q. A. IS THERE IN FACT A GATE SOMEWHERE? YEAH, THERE IS A GATE THAT IS OUT AT THE STREET THAT YOU

HAVE TO HAVE OPENED OR YOU CAN'T GET CLOSE TO THE HOUSE IN A CAR. Q. A. 7-B WHAT IS THAT? THAT'S THE ELEVATOR, AND IT'S THE UNIT THAT'S THE SECOND IT'S IN THE MIDDLE OF THE PICTURE. IT'S A

ONE FROM THE RIGHT. TWO-CAR GARAGE. Q.

THAT'S THE RESIDENCE THAT --

THE ONE I'M CIRCLING WITH THE LASER POINTER --

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66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. A. CORRECT. -- OR FURTHER OVER? NO, YOU WERE RIGHT. THAT'S THE "N" SOME ADDRESS SLASH N? 5512-N. WAS THE ELEVATOR EVER SEARCHED? NO, IT WAS NOT. FINALLY THE HORSE RANCH. HERE WE GO. WHAT IS 8-A?

THAT IS 125 HABERSHAM VALLEY ROAD, JUST A SINGLE-FAMILY

RESIDENCE. Q. A. Q. WAS THE HORSE RANCH EVER SEARCHED? NO, IT WAS NOT. SO WE'RE CLEAR, THESE ARE ALL ADDRESSES YOU LEARNED ABOUT

DURING THE COURSE OF YOUR INVESTIGATION? A. Q. A. THAT IS CORRECT. WHAT'S THE MUSTARD? THE MUSTARD IS THE NICKNAME GIVEN TO AN ALLEGED DRUG STASH IT WAS AT 1050 LENOX

APARTMENT MAINTAINED BY BILL MARSHALL. PARK BOULEVARD UNIT 3308.

IT WAS JUST AN APARTMENT IN THE

LENOX ROAD AREA OF ATLANTA. Q. A. WAS MUSTARD EVER SEARCHED? THE MUSTARD ACTUALLY WAS SEARCHED. WE SEARCHED IT ON THE

MORNING OF JANUARY 7TH OF 2005, BUT THAT WAS ABANDONED AND UNOCCUPIED AT THAT TIME. Q. EMPTY, NO PEOPLE, NO BELONGINGS?

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67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. A. Q. CORRECT. ANY OF THE ADDRESSES WE'VE DISCUSSED SO FAR THE GATE,

SPACE MOUNTAIN, WHITE HOUSE WAS DEFENDANT DANIELS FOUND AT ANY OF THOSE LOCATIONS WHEN THEY WERE SEARCHED? A. Q. NO, HE WAS NOT. DID YOUR INVESTIGATION LEAD YOU TO CONNECT ANY RESIDENCES

WITH DEFENDANT DANIELS? A. Q. YES, SEVERAL ADDRESSES. WE SAW AN ADDRESS ON SOME T-MOBILE RECORDS OF SANTE FE DO YOU CONNECT DEFENDANT DANIELS IN ANY WAY WITH THE

TRAIL.

SANTE FE TRAIL ADDRESS? A. WITH A SANTE FE TRAIL ADDRESS, 3206 SANTE FE PARKWAY, IT'S IT'S GOT

PART OF THE MORGAN FALLS APARTMENTS IN SANDY SPRINGS. AN ATLANTA ADDRESS ACTUALLY. Q.

I WANT TO SHOW YOU GOVERNMENT'S EXHIBIT 36-A AND B AFTER

I'VE SHOWN THEM TO MR. O'BRIEN. DO YOU RECOGNIZE GOVERNMENT'S EXHIBIT 36-A AND B? YES, I DO. HOW ARE YOU FAMILIAR WITH THOSE PICTURES? THESE ARE PHOTOS THAT I TOOK MYSELF. THEY'RE OF 840

INDIAN STREAM TRAIL IN ROSWELL, GEORGIA. Q. ARE THOSE FAIR AND ACCURATE DEPICTIONS OF THAT HOUSE ON

INDIAN STREAM? A. YES, THEY ARE. MR. MCBURNEY: GOVERNMENT TENDERS GOVERNMENT'S

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68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT 36-A AND B. MR. O'BRIEN: THE COURT: BY MR. MCBURNEY: Q. I PUT 36-A UP ON THE SCREEN. WAS THIS RESIDENCE EVER NO OBJECTION, MA'AM.

THEY ARE ADMITTED.

SEARCHED? A. Q. THAT RESIDENCE WAS SEARCHED, THAT IS CORRECT. WHAT, IF ANYTHING, OF NOTE WAS FOUND DURING THE COURSE OF

THE SEARCH? A. THE MOST SIGNIFICANT THING THAT WAS FOUND WAS CASH, MONEY,

86,000 DOLLARS IN CASH. Q. IS THERE ANYTHING FOUND IN THE INDIAN STREAM -- THAT IS WHAT IS THE JURY LOOKING AT?

GOVERNMENT'S EXHIBIT 36-A. A.

THEY ARE LOOKING AT THE OUTSIDE OF THE HOUSE ON INDIAN THAT'S TAKEN FROM THE STREET IN FRONT OF THE

STREAM TRAIL.

HOUSE, AND THE SEARCH OF THE HOUSE TOOK PLACE IN JUNE OF 2006. Q. A. Q. OKAY. YOU SAID 86,000 IN CASH. ANYTHING ELSE FOUND?

YES, VARIOUS PHOTOGRAPHS, DOCUMENTS. ANYTHING FOUND IN THE HOUSE THAT CONNECTS IT TO DEFENDANT

DANIELS? A. Q. A. YES, A LOT OF STUFF, YES. WHY DON'T YOU DESCRIBE SOME OF THOSE THINGS? PHOTOGRAPHS OF HIM WITH VARIOUS OTHER -MR. O'BRIEN: JUDGE, I'M GOING TO OBJECT UNLESS THE

PHOTOGRAPHS AS SUCH ARE TENDERED AND ADMITTED INTO EVIDENCE.

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69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WITNESS. BY MR. MCBURNEY: Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBIT 32-A AND B. DO HE'S TESTIFYING FROM DOCUMENTS THAT ARE NOT IN EVIDENCE. THE COURT: SUSTAINED. WE'LL GET TO THAT WITH ANOTHER

MR. MCBURNEY:

YOU RECOGNIZE THOSE? A. YES, 32-A AND 32-B ARE PHOTOGRAPHS THAT I TOOK OF 175

FOREST LAKE ROAD IN ALPHARETTA, GEORGIA. Q. A. ARE THOSE FAIR AND ACCURATE DEPICTIONS OF THAT ADDRESS? YES, THEY ARE. MR. MCBURNEY: MR. O'BRIEN: THE COURT: BY MR. MCBURNEY: Q. A. Q. A. Q. AND HOW IS THIS RESIDENCE CONNECTED TO DEFENDANT DANIELS? IT WAS WHERE HE RESIDED DURING 2004 AND PARTS OF 2005. SO THAT IS 32-B, THAT'S THE FOREST LAKE ADDRESS? CORRECT. DID THE DEA'S INVESTIGATION INTO THE BLACK MAFIA FAMILY'S GOVERNMENT TENDERS 32-A AND B. NO OBJECTION.

THEY'RE ADMITTED.

COCAINE CONSPIRACY RESULT IN ANY INVESTIGATION INTO THE TENNESSEE DEPARTMENT OF MOTOR VEHICLES? A. YES, IT DID. I THINK THEY CALL IT THE DEPARTMENT OF

PUBLIC SAFETY UP THERE, BUT WE DID -- I DID HAVE A LOT OF CONTACT WITH THE TENNESSEE PEOPLE IN THE COURSE OF MY BMF

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70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INVESTIGATION. Q. A. WHO IS TERRY BILES? TERRY BILES A/K/A TAZ IS A DEFENDANT IN THIS CASE. HE WAS THE ALLEGED CONNECTION TO THE HE IS

ALSO A FUGITIVE.

TENNESSEE DEPARTMENT OF PUBLIC SAFETY EMPLOYEE WHO WAS THE ACCOMPLICE OF THE PEOPLE WHO OBTAINED THE FRAUDULENTLY OBTAINED TENNESSEE DRIVER'S LICENSES. Q. DO YOU KNOW THE NAME OF THIS TENNESSEE I GUESS IT'S DPS

NOT DMV, YOU CALLED HER THE ACCOMPLICE, THE WOMAN ON THE INSIDE? A. Q. A. YEAH, THE WOMAN ON THE INSIDE WAS LATOYA COOPER. HAS SHE BEEN CHARGED FOR WHAT SHE DID? YES, SHE WAS CHARGED FEDERALLY IN TENNESSEE WITH A FRAUD I DON'T KNOW THE SPECIFIC STATUTE.

VIOLATION. Q.

I'M GOING TO SHOW YOU GOVERNMENT'S EXHIBITS 13-A AND C, BEFORE YOU GET INTO ANY SPECIFICS ABOUT

15-A, 18-A AND 20-A.

ANY OF THOSE, WHAT ARE ALL THOSE? A. THESE ARE ALL I CALL THEM FACSIMILES OF THE ACTUAL

DRIVER'S LICENSES ISSUED IN TENNESSEE TO VARIOUS INDIVIDUALS. THEY ARE BLOWUPS OF THE ACTUAL LICENSE ITSELF. INFORMATION THAT'S ON THE FACE OF THE LICENSE. Q. A. HOW DID YOU OBTAIN THOSE? THROUGH THE TENNESSEE DEPARTMENT OF PUBLIC SAFETY. I IT HAS ALL THE

WOULD REQUEST THE LICENSE IF I HAD ENOUGH INFORMATION TO REQUEST IT. IF I HAD A NAME OF A NUMBER, I WOULD HAVE TO HAVE

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71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EITHER A NAME OR LICENSE NUMBER TO GET THEM. Q. OKAY. IF WE START WITH -- WELL, BEFORE WE GET TO THAT.

HAVE YOU SINCE OBTAINED CERTIFIED COPIES OF ALL THESE DOCUMENTS? A. Q. YES, I DO HAVE CERTIFIED COPIES. WE'LL BE ADDRESSING THOSE WITH ANOTHER WITNESS. ARE THOSE FAIR AND ACCURATE DEPICTIONS OF THE CERTIFIED COPIES THAT YOU OBTAINED OF EACH OF THOSE TENNESSEE DRIVER'S LICENSES? A. YES, THEY ARE. MR. MCBURNEY: JUDGE, THE GOVERNMENT AT THIS TIME

TENDERS 13-A AND C, 15-A, 18-A AND 20-A. MR. O'BRIEN: JUDGE, RESPECTFULLY, I WOULD OBJECT. I

THINK IT'S IMPROPER, INCOMPLETE FOUNDATION SPECIFICALLY AS TO AUTHENTICITY. THE COURT: MAY I SEE THEM? YES, JUDGE.

MR. MCBURNEY: THE COURT: CERTIFIED COPIES OF? MR. MCBURNEY:

THESE ARE THE ONES THAT YOU HAVE

YES, JUDGE.

WE HAVE ANOTHER WITNESS

WHO WILL TALK ABOUT THE CERTIFIED COPIES BUT DOESN'T NECESSARILY KNOW MUCH ABOUT THE FACTS OF THIS CASE. THE THE

CERTIFIED COPIES WHICH I'LL HAND TO THE COURT RIGHT NOW.

STAMP THAT CERTIFIES THEM IS BRIGHT RED LEAKED THROUGH AND SO THE IMAGE IS LESS CLEAR.

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72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WE WILL BE TENDERING THE CERTIFIED COPIES THROUGH THE ACTUAL CUSTODIAN MS. COOPER. I CAN CALL AGENT HARVEY LATER. HE'S FAMILIAR WITH THE

IT'S MORE EFFICIENT SINCE HE'S HERE. CONTENTS.

HE IS NOT THE ONE WHO ISSUED THE DRIVER'S LICENSE. THE COURT: IS THE OBJECTION ONLY TO AUTHENTICITY? WELL, MA'AM, IF THEY HAVE ACTUALLY THE

MR. O'BRIEN:

PERSON WHO IS GOING TO IDENTIFY IT -THE COURT: AUTHENTICITY. MR. O'BRIEN: THE COURT: YES, MA'AM. IS THE ANSWER YES ON THAT? IT'S ONLY TO

I WILL ADMIT THE DOCUMENTS. AND WE WILL FURTHER TIE THIS UP

MR. MCBURNEY: THROUGH THAT WITNESS. BY MR. MCBURNEY: Q.

THANK YOU.

13-A, FIRST, AGENT HARVEY, WHAT'S THE NAME ON THAT

DRIVER'S LICENSE? A. Q. A. Q. A. Q. A. Q. A. PAUL JACKSON. IS THERE A DATE OF BIRTH ON THE DRIVER'S LICENSE? YES, IT IS 9-2-73, DATE OF ISSUANCE 5-15 OF 03. OKAY. IT'S EITHER 73 OR 75? IT'S SEPTEMBER 2ND, 1975.

I'M SORRY. OKAY.

WHO IS DEPICTED IN THAT DRIVER'S LICENSE?

THAT IS FLEMING DANIELS, THE DEFENDANT. THE DEFENDANT IN THIS CASE? YES.

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73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. I THINK THAT'S THE ONLY ONE WITH THAT ORIENTATION SO WE

SHOULD HAVE LESS PROBLEM HERE. OKAY. GOVERNMENT'S EXHIBIT 13-C, WHAT'S THE NAME ON

THAT DRIVER'S LICENSE? A. Q. A. Q. A. Q. ON THIS LICENSE 13-C THE NAME IS SHAMEER MOORE. AND THE DATE OF BIRTH ON THIS ONE? IS JANUARY 23RD, 1975. WHO IS DEPICTED ON THIS DRIVER'S LICENSE? THAT AGAIN IS FLEMING DANIELS, THE DEFENDANT. TELL THE JURY AGAIN THE NAME THAT WAS ON THOSE TWO

T-MOBILE PHONES, THE SANTE FE PARKWAY? A. THE NAME ON THE TWO T-MOBILE PHONES WAS SHAMEER JACKSON.

IT WAS A COMBINATION OR SHAMEER MOORE AND PAUL JACKSON. Q. THIS IS GOVERNMENT'S EXHIBIT 15-A. WITHOUT TELLING US WHO

IT IS, ARE YOU FAMILIAR WITH THE PERSON WHO IS SHOWN THERE? A. Q. YES, I AM. TELL THE JURY HOW IT IS YOU'RE FAMILIAR WITH WHO IS

DEPICTED IN THAT DRIVER'S LICENSE? A. BECAUSE I'VE SEEN THE REAL PERSON ON A NUMBER OF

OCCASIONS, I'VE SEEN HIS PHOTOGRAPH WITH HIS CORRECT NAME ON A NUMBER OF OCCASIONS, I AM JUST VERY, VERY FAMILIAR WITH HIM FROM MY INVESTIGATION. Q. A. Q. WHAT'S THE NAME ON THE DRIVER'S LICENSE? THE NAME IS RICARDO SANTOS ON THE LICENSE. WHO IS DEPICTED ON THIS DRIVER'S LICENSE?

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74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. DEMETRIUS FLENORY, MEECH. THE GUY YOU'VE DESCRIBED AS THE HEAD OF BMF? YES. GOVERNMENT'S 18-A WITHOUT IDENTIFYING WHO IT IS, ARE YOU

FAMILIAR WITH WHO IS SHOWN IN THIS DRIVER'S LICENSE? A. Q. A. YES, I AM. HOW SO? FROM MY INVESTIGATION FROM SEEING HIS REAL PHOTO WITH HIS I HAVE NEVER PERSONALLY

REAL NAME, FROM SPEAKING WITH OTHERS.

OBSERVED THIS INDIVIDUAL BECAUSE HE IS A FUGITIVE. Q. A. Q. A. Q. WHAT'S THE NAME ON THE DRIVER'S LICENSE? THE NAME ON THE LICENSE IS THOMAS BROWN. WHO IS SHOWN ON THE DRIVER'S LICENSE? TERRY BILES A/K/A TAZ. IS THIS THE PERSON YOU DESCRIBED AS HAVING THE CONNECT OR

CONNECTION WITH THE TENNESSEE DEPARTMENT OF PUBLIC SAFETY WORKER? A. Q. YES, IT IS. YOU MENTIONED HE'S IN THIS INDICTMENT, THE ATLANTA

INDICTMENT? A. Q. HE IS IN THIS INDICTMENT, YES. FINALLY, GOVERNMENT'S EXHIBIT 20-A, ARE YOU FAMILIAR WITH

THE PERSON SHOWN ON THIS DRIVER'S LICENSE? A. Q. YES, I AM. HOW SO?

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75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. FROM BOTH SURVEILLANCE AND THEN INTERVIEWS OF HIM. YOU'VE MET THIS PERSON FACE TO FACE? YES, I HAVE. WHAT'S THE NAME ON THE DRIVER'S LICENSE? JAMAL WASHINGTON. WHO IS ON THE DRIVER'S LICENSE? BILL MARSHALL. THIS IS THE ORLANDO DEFENDANT AND THE EXQUISITE EMPIRE

DEPARTMENT? A. Q. YES, THAT'S CORRECT. ALL RIGHT. LAST AREA. DID YOU ASSIST DEA OR FBI LOS

ANGELES IN NOVEMBER OF LAST YEAR 2007 IN THEIR ROUNDUP FOR THEIR BMF RELATED INDICTMENT? A. Q. YES, I DID. WHAT ACTIVITY OCCURRED HERE IN ATLANTA IN CONNECTION WITH

THE LOS ANGELES INDICTMENT? A. WHAT HAPPENED HERE IS I PARTICIPATED IN ASSISTING THE FBI

IN EXECUTING A SEARCH WARRANT AND ARREST WARRANTS AT 1270 EUGENIA TERRACE IN LAWRENCEVILLE, GEORGIA. Q. A. WHO LIVED THERE? THE PERSON WHO LIVED THERE WAS AN INDIVIDUAL NAMED AMEEN HE WAS ONE OF THE 20 WHO WERE INDICTED IN

HIGHT A/K/A BULL. LOS ANGELES.

HE WAS THE ONLY ONE OF THE 20 WHO RESIDED IN

GEORGIA AT THE TIME. Q. AMEEN HIGHT A/K/A BULL?

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76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. YES, CORRECT. WHAT, IF ANYTHING, OF SIGNIFICANCE WAS FOUND IN MR.

HIGHT'S HOME HERE IN ATLANTA? A. FOUND AT THE HOUSE IN ATLANTA ON EUGENIA TERRACE WERE THERE

50,000 IN CASH AND A SEALED, A HEAT SEALED PLASTIC BAG. WERE THREE VEHICLES THAT WERE IMPOUNDED AT THE HOUSE. WAS DOCUMENTS.

THERE

THERE WAS A COUPE OF I.D.'S IN FALSE NAMES

INCLUDING A TENNESSEE DRIVER'S LICENSE IN THE NAME OF ROBERT JOHNSON BUT DISPLAYING THE FACE OF AMEEN HIGHT -Q. SORRY TO CUT YOU OFF BUT A TENNESSEE DRIVER'S LICENSE LIKE

THE ONES WE JUST SAW? A. Q. YES, EXACTLY. BEFORE YOU FINISH THAT LIST OF WHAT ELSE YOU FOUND, I YOU JUST IDENTIFIED A NUMBER OF INDIVIDUALS

MEANT TO ASK THIS.

CONNECTED TO THE BLACK MAFIA FAMILY IN THESE OTHER DRIVER'S LICENSES 13-A, C, ET CETERA, ET CETERA. WERE ALL OF THOSE LICENSES SIMILAR TO THE OTHERS YOU DESCRIBED, MEANING IF YOU HANDED IT TO A POLICE OFFICER IT WAS, QUOTE, LEGIT, UNQUOTE? A. YES, THEY WERE ALL CLEAN OR LEGIT, YES, AND I WANTED TO THERE WAS ANOTHER INDIVIDUAL IN THE LA HE'S NOT REALLY

CORRECT ONE THING.

INDICTMENT WHO WAS ARRESTED IN ATLANTA. CONNECTED. Q. A. HE WASN'T AT MR. HIGHT'S HOUSE? NO.

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77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. WERE THERE ANY PHOTOGRAPHS THAT YOU RECOVERED FROM MR.

HIGHT'S HOUSE THAT RELATE TO MR. DANIELS? A. YES, THERE WERE SOME PHOTOGRAPHS THAT RELATE TO THE

DEFENDANT. Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBITS 10-A THROUGH C. FIRST, ARE THOSE PHOTOGRAPHS THAT WERE SEIZED FROM DEFENDANT HIGHT'S HOUSE? A. Q. YES, THEY WERE. ARE YOU FAMILIAR, ARE YOU ABLE TO IDENTIFY THE INDIVIDUALS

SHOWN IN THOSE PHOTOGRAPHS BASED ON ALL THE REASONS YOU'VE ALREADY SHARED WITH THE COURT AND WITH THE JURY YOUR INVESTIGATION YOU'VE SEEN THEM, ET CETERA? A. YES, THE PHOTOS ARE OF 1, 3 AND 5 PEOPLE, AND OF THE 1, 3

AND 5, I CAN IDENTIFY 1 OF THE 1, 3 OF THE 3 AND 4 OF THE 5. Q. AND IF YOU CAN'T IDENTIFY SOMEONE THERE IS NOTHING WRONG

WITH THAT? MR. MCBURNEY: MR. O'BRIEN: FOUNDATION. THE GOVERNMENT TENDERS 10-A THROUGH C. I'M GOING TO OBJECT, IMPROPER

I DON'T THINK THE WITNESS COULD TESTIFY THAT THE THE

PICTURES ACCURATELY DEPICT WHAT THEY PURPORT TO SHOW.

CIRCUMSTANCES UNDER WHICH THEY WERE TAKEN AND SUCH AS THAT. MR. MCBURNEY: I'M NOT GOING TO ASK THE WITNESS

ANYTHING ABOUT WHAT MIGHT HAVE BEEN GOING ON. THE COURT: I'LL ADMIT THEM. THANK YOU.

MR. MCBURNEY:

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78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. MCBURNEY: Q. LET'S GO IN ORDER. 10-A. I WILL MAGNIFY THIS. WHO DO

YOU RECOGNIZE THROUGH YOUR INVESTIGATION IN THIS PHOTOGRAPH, AND WE'LL GO FROM LEFT TO RIGHT? A. Q. A. Q. A. Q. A. Q. THAT'S MEECH THERE. DEMETRIUS FLENORY? YES. BULL, AMEEN HIGHT.

THE PERSON IN WHOSE HOUSE THE PHOTO WAS FOUND? YES. AND HERE? ILL, FLEMING DANIELS. THERE'S A TATTOO ON DEFENDANT DANIELS' LEFT ARM. WHAT DOES THAT TATTOO SAY? IT'S

HARD TO SEE HERE. A. Q. A. Q.

IT SAYS BMF 4 LIFE. FOUR AS IN THE DIGIT FOUR? YES. I'M NOT GOING TO GO IN ORDER. THIS IS 10-C. IT'S A

LITTLE CROOKED AND IT'S NOT PARTICULARLY BRIGHT, BUT THAT'S THE MACHINE. YOU'VE HAD AN OPPORTUNITY TO LOOK AT THE PHOTOGRAPH. ARE YOU ABLE -- AND, AGAIN, WE'LL GO FROM LEFT TO RIGHT -- TO IDENTIFY WHO'S IN THE GRAY WITH THE GRAY BASEBALL HAT? A. Q. A. THAT'S BULL. MR. HIGHT, DEFENDANT HIGHT? YES.

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79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. THERE'S SOMEONE WEARING A SHIRT BLEU SOMETHING? THAT'S FLEMING DANIELS. DEFENDANT DANIELS? YES. HE'S WEARING A NECKLACE WITH SOME KIND OF PENDANT ON IT.

WHAT IS THE PENDANT? A. Q. IT SAYS BMF. IT'S PARTICULARLY DIM ON OUR OVERHEAD PROJECTOR. WHO'S IN THE CENTER? THE

PICTURE IS CLEARER. A.

THAT'S AN INDIVIDUAL NAMED DAVID WALKER A/K/A THRO, THROW HE'S UNDER INDICTMENT IN LOS ANGELES AND DETROIT.

BACK. Q. A. Q.

BMF RELATED INDICTMENTS? YES, TWO BMF INDICTMENTS. THERE'S A GENTLEMAN HERE WITH A BOTTLE OF LIQUOR AND BLUE

UNDERPANTS WHO IS THAT? A. Q. A. Q. THAT'S THE ONE I DON'T KNOW. OKAY. AND FINALLY ON THE FAR RIGHT?

THAT'S RALPHIE SIMMS. YOU HAD DESCRIBED SOMEONE WITH A TENNESSEE DL OF LESLIE

JAMES PARKER -A. YES, HE'S THE ONE WHO WAS STOPPED LEAVING SPACE MOUNTAIN

BACK IN NOVEMBER OF 04. Q. A. Q. 10-B? THAT IS JUST FLEMING DANIELS. DEFENDANT DANIELS?

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80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. O'BRIEN: Q. A. Q. GOOD AFTERNOON, AGENT HARVEY. GOOD AFTERNOON. THERE ARE SOME QUESTIONS I'D LIKE TO ASK YOU. YOU SAID 12:30. MR. O'BRIEN: OKAY. A. CORRECT. MR. MCBURNEY: HAVE, JUDGE. THE COURT: LET'S PROCEED. WE'LL RUN UNTIL ABOUT THANK YOU, AGENT HARVEY. THAT'S ALL I

CROSS-EXAMINATION

YOU WERE THE CASE AGENT IN THE CASE.

THAT MEANS THAT YOU'VE

PRETTY MUCH BEEN IN THIS CASE SINCE ITS CONCEPTUAL STAGES THROUGH TODAY? A. Q. FOR ATLANTA AND FOR DEA, I'M THE PRIMARY CASE AGENT, YES. AND I CONSPICUOUSLY NOTICED THAT YOU'VE BEEN TESTIFYING

FOR ABOUT TWO HOURS WITHOUT NOTES? A. Q. A. Q. A. Q. YES, I HAVE. SO YOU'RE PRETTY WELL VERSED WITH WHAT THE CASE INVOLVES? PRETTY WELL. IS THAT CORRECT? YES. NOW, IT SOUNDS TO ME LIKE THIS HAS BEEN A FAIRLY EXTENSIVE

INVESTIGATION; WOULD THAT BE ACCURATE TO SAY? A. YES.

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81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. LET ME ASK YOU WHEN DID THE INVESTIGATION START PLEASE,

AGENT HARVEY? A. WELL, I GUESS I WOULD SAY JUNE OF 2003, MAY, JUNE 2003 BUT

I'VE HAD SOME INFORMATION CONCERNING SOME OF THESE DEFENDANTS GOING BACK TO 1997. Q. ALL RIGHT. OKAY. BUT YOU KICKED OFF IT SOUNDS LIKE THE

FORMAL INVESTIGATION IN JUNE OF 03? A. Q. YES. AND IT SOUNDS LIKE THERE'S BEEN A NUMBER OF AGENCIES WHAT WAS THE

INVOLVED IN THIS INVESTIGATION, THE DEA, THE FBI. OTHER ONE HIDTA? A. Q. A. Q. A. YEAH, HIDTA, ATLANTA POLICE, DEKALB POLICE -LET ME INTERRUPT YOU.

WHAT IS HIDTA AN ACRONYM FOR?

IT'S H I D T A, HIGH INTENSITY DRUG TRAFFICKING AREA. IS THAT FEDERAL OR STATE OR COMBINED? IT'S COMBINED. IT'S LIKE A STRIKE FORCE. IT'S GOT GBI ON

IT, ATF, DEA, FBI, ATLANTA POLICE, DEKALB POLICE. Q. AND ALSO IT SOUNDS LIKE YOU HAVE COORDINATED THE

INVESTIGATION WITH AGENTS IN DETROIT AND NEW YORK AND LOS ANGELES AND ST. LOUIS AND ORLANDO AND VIRTUALLY ALL OVER THE COUNTRY IT SOUNDS LIKE? A. I COORDINATED WITH OTHERS. I WAS NOT COORDINATING THEM

BUT I WAS COORDINATING WITH THEM. Q. AND YOU CERTAINLY -- FROM WHAT MY EXPERIENCE HAS BEEN

THERE'S NO SHORTAGE OF RESOURCES AVAILABLE TO ALL THESE

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82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AGENCIES ELECTRONIC EQUIPMENT, SURVEILLANCE EQUIPMENT, THINGS SUCH AS THAT, MONEY TO FUEL THE INVESTIGATION; WOULD THAT BE ACCURATE TO SAY? A. Q. A. YES, WE HAVE RESOURCES, YES. THE LATEST IN EQUIPMENT AND THINGS LIKE THAT? NO, YOU'D BE SURPRISED AT SOME OF OUR EQUIPMENT BUT

SOMETIMES IT WORKS. Q. A. Q. WERE THERE WIRETAPS IN THIS CASE, AGENT HARVEY? YES, THERE WERE. AND SO THAT WE'RE ALL ON THE SAME PAGE, CAN YOU TELL US A

LITTLE BIT ABOUT WHAT A WIRETAP INVOLVES? A. YES, IT BASICALLY INVOLVES THE INVESTIGATORS MIGHT

IDENTIFY A PHONE NUMBER THAT THEY HAVE REASON TO BELIEVE DRUG TRAFFICKERS ARE USING TO COMMUNICATE ABOUT DRUG TRAFFICKING. SO THEY'LL WRITE OUT AN AFFIDAVIT STATING THEIR PROBABLE CAUSE TO INTERCEPT PHONE CALLS MADE TO OR FROM THAT NUMBER. SUBMIT THE AFFIDAVIT TO A JUDGE. THEY GO UP ON THE PHONE. Q. A. Q. THEY'LL

IF THE JUDGE APPROVES, THEN

THEY START AN INTERCEPT.

CAN YOU GET A WIRETAP ON A CELLPHONE? YES. SO WIRETAP MEANING YOU CAN ACTUALLY RECORD WHAT IS SAID ON

THE TELEPHONE CONVERSATION? A. Q. YES. AND THE POINT OF IT IS THAT IF YOU SUSPECT SOMEBODY'S

INVOLVED IN SOME SORT OF ILLEGAL ACTIVITY THAT THEY MIGHT BE

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83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DISCUSSING IT ON THE PHONE AND THEREFORE YOU CAN GET A RECORDING OF THIS ALLEGED CONVERSATION; IS THAT RIGHT? A. Q. IF YOU GET ON THE RIGHT PHONE. THAT'S THE KEY.

GET ON THE RIGHT PHONE, OKAY, AND THIS INVESTIGATION HAS IN FACT I THINK YOU SAID

GONE ON SINCE I THINK YOU SAID 2003.

YOU HAD INFORMATION AS EARLY AS 1997 ON SOME PEOPLE, AND YOU HAD WIRETAPS ON PHONES, AND DO YOU HAVE ANY RECORDINGS OF CONVERSATIONS INVOLVING FLEMING DANIELS? A. Q. NOT ON WIRETAPS. WELL, IT SOUNDS LIKE YOUR THEORY IS THAT MR. DANIELS HAS

BEEN IN THIS FOR A LONG TIME? A. Q. YES. AND YET YOU HAVE AN INVESTIGATION THAT'S BEEN GOING ON NOW YOU'VE HAD WIRETAPS. YOU'VE IDENTIFIED I

OVER FIVE YEARS.

DON'T KNOW HOW MANY PEOPLE. PEOPLE INVOLVED.

I THINK YOU SAY THERE'S 50, 60, 70

YOU'VE HAD VIRTUALLY EVERY CRIMINAL AGENCY IN

THE COUNTRY INVOLVED, AND YOU DON'T HAVE ANY TELEPHONE CONVERSATIONS INVOLVING MR. DANIELS DISCUSSING ANYTHING ILLEGAL WITH ANYBODY; IS THAT RIGHT? A. Q. NOT FROM WIRETAPS, CORRECT. NOW, YOU ALSO HAVE -- DO YOU HAVE SURVEILLANCE EQUIPMENT

THAT YOU USE? A. Q. YES. I MEAN I SAW FOR EXAMPLE SOME OF THESE PHOTOGRAPHS MUST

HAVE BEEN OUT OF AIRPLANES AND HELICOPTERS AND WHOEVER ELSE YOU

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84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GET SURVEILLANCE EQUIPMENT, AND IN THE FIVE OR SIX YEARS THAT THE INVESTIGATION HAS BEEN GOING ON, DO YOU HAVE ANY SURVEILLANCE VIDEO OR PICTURES THAT YOU TOOK OR THAT THE OTHER AGENCIES TOOK THAT REFLECT MR. DANIELS PUTTING MONEY IN A CAR, TAKING DRUGS OUT OF A CAR, ANYTHING LIKE THAT? A. Q. NO. OKAY. WELL, YOU MENTIONED THAT THERE WERE A LOT OF -- YOU

SAID CARS, YOU TALKED ABOUT A LOT OF CARS, AND YOU ARRESTED MR. DANIELS, CORRECT? A. Q. A. Q. ARRESTED HIM? YES, YOU ARRESTED HIM. YES. YOU SHOWED A COUPLE OF PICTURES THAT YOU SAY THIS WAS HIS

HOUSE WHERE HE LIVED AND THINGS LIKE THAT, AND WHEN YOU ARRESTED MR. DANIELS YOU ACTUALLY SAW HIM DRIVE UP TO THE PLACE WHERE YOU ARRESTED HIM IN A CAR, CORRECT? A. Q. A. Q. HE ARRIVED THERE IN A CAR, IN A VEHICLE, YES. HE WAS WITH HIS FAMILY? YES. WITH REGARD TO THE ARREST, HE DIDN'T TRY TO RUN OR

ANYTHING, DID HE? A. Q. NO, HE DID NOT. DID YOU SEARCH HIS CAR TO SEE IF THERE WAS ANY TRAP IN HIS

CAR WHETHER THERE WAS MONEY OR DRUGS, ANYTHING LIKE THAT? A. NO, WE DID NOT.

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85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. SO YOU DON'T KNOW IF THERE WAS OR NOT; IS THAT WHAT YOU'RE

SAYING? A. Q. CORRECT. DID MR. DANIELS HAVE ANY DRUGS ON OR ABOUT HIS PERSON WHEN

YOU ARRESTED HIM? A. Q. NO, HE DID NOT. AND I THINK YOU SAID YOUR TESTIMONY WAS THAT OF ALL THE

STOPS THAT YOU MADE AND YOU DETAILED STOPS IN ST. LOUIS AND OTHER PLACES. I READ ABOUT A LOT MORE OF THEM. WAS MR.

DANIELS EVER IN A CAR WHERE DRUGS WERE LOCATED THAT YOU'RE AWARE OF? A. Q. I'M NOT AWARE OF ANY. WAS MR. DANIELS EVER IN A CAR THAT WAS STOPPED WHERE MONEY

WAS LOCATED? A. Q. NO. SO MR. DANIELS WAS NEVER SURVEILLED PUTTING DRUGS IN A

CAR, CORRECT? A. Q. A. Q. CORRECT. NEVER SURVEILLED TAKING DRUGS OUT OF A CAR, CORRECT? CORRECT. NEVER SURVEILLED PUTTING MONEY IN A CAR OR TAKING MONEY

OUT OF A CAR, CORRECT? A. Q. CORRECT. ALL RIGHT. WELL LET ME ASK YOU, YOU DETAILED AGAIN A DRUG SEIZURES SUGGEST TO ME AN ARREST

NUMBER OF DRUG SEIZURES.

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86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OF SOMEBODY, CORRECT? A. Q. A. SOMETIMES. MAYBE SOMETIMES THEY GET AWAY? NO, SOMETIMES THEY'RE JUST NOT ARRESTED FOR INVESTIGATIVE

PURPOSES. Q. OKAY. AND MR. DANIELS WAS NEVER ARRESTED IN CONNECTION

WITH AN AUTOMOBILE DRUG SEIZURE, WAS HE? A. Q. NO, HE WAS NOT. HOW MANY DRUG SEIZURES WERE THERE IN THIS CASE I KNOW I'M PUTTING YOU ON THE SPOT. I KNOW THIS

ALTOGETHER?

HAS BEEN GOING ON FOR A LONG TIME.

HOW MANY DRUG SEIZURES WERE

THERE ALTOGETHER FROM HOUSES, CARS, PLACES LIKE THAT? A. BETWEEN FIVE AND TEN PROBABLY SIGNIFICANT DRUG SEIZURES.

I'M NOT COUNTING LITTLE BITS OF MARIJUANA FOUND IN A HOUSE DURING A SEARCH WARRANT. Q. OKAY. HOW MANY MONEY SEIZURES WERE THERE THROUGHOUT THE

COURSE OF THE INVESTIGATION? A. WELL, IF I INCLUDE EVERYTHING THAT DETROIT INCLUDED IN

THEIR INDICTMENT, I GUESS I WOULD HAVE TO SAY GOING BACK TO THE DRUG SEIZURES MAYBE APPROXIMATELY 10, AND MONEY SEIZURES MAYBE 15 TO 20. Q. ALL RIGHT. WERE THERE ANY DRUGS SEIZURES FROM MR.

DANIELS' HOUSE, DRUG SEIZURES? A. NOTHING OF SIGNIFICANCE. ONLY ONE OF HIS HOUSES WAS

SEARCHED.

THAT WAS THE INDIAN STREAM TRAIL.

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87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. ALL RIGHT. LET ME ASK YOU WITH REGARD TO -- YOU DETAILED YOU TALKED

THAT -- YOU TALKED ABOUT A LOT OF HOUSES HERE. ABOUT THE WHITE HOUSE? A. Q. YES. THE BIG HOUSE.

LET ME ASK YOU FIRST OF ALL WITH REGARD TO

THE WHITE HOUSE WAS MR. DANIELS' NAME ON THE DEED AT ALL? A. NO, THE WHITE HOUSE TURNED OUT TO ACTUALLY BE TERRY

FLENORY'S SIDE OF THE BMF IS WHAT WE LEARNED. Q. A. Q. WAS TERRY FLENORY'S NAME ON THE DEED? NO. WELL IS MR. DANIELS' NAME ON A LEASE ANYWHERE WITH REGARD

TO THAT HOUSE? A. Q. NO. WELL, DID YOU INVESTIGATE TO SEE WHETHER OR NOT -- YOU

KNOW YOU HAVE -- WERE THERE UTILITIES ON AT THE HOUSE? A. Q. YES, THERE WERE. WAS MR. DANIELS' NAME ON ANY OF THE UTILITIES THAT HE MAY

HAVE BEEN INVOLVED WITH PAYING FOR THE UTILITIES AND ALL? A. Q. A. Q. NO, HIS NAME WAS NOT CONNECTED TO THAT HOUSE AT ALL. WELL WAS THERE A LANDLINE TELEPHONE IN THAT HOUSE? I'M NOT SURE ABOUT A LANDLINE TELEPHONE. OKAY. IF YOU HAVE A LANDLINE TELEPHONE CAN YOU CHECK TO

SEE WHO IS CALLING IN AND OUT OF A LANDLINE TELEPHONE; DO YOU HAVE THE CAPACITY TO DO THAT? A. YES.

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88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. YOU DON'T KNOW WHETHER THERE WAS A PHONE IN THAT HOUSE

WHERE ONE OF THE LEAD GUYS SUPPOSEDLY LIVED? A. IT'S COMMON NOWADAYS NOT TO HAVE HOME TELEPHONES, AND I

DON'T REMEMBER IF THERE WAS ONE AT THE WHITE HOUSE. Q. OKAY. SO YOU DON'T KNOW IF THERE WAS A PHONE IN THE HOUSE

WHETHER THERE'S ANY RECORDS REFLECTING THAT ANYBODY THAT WAS IN THAT HOUSE EVER EVEN CALLED MR. DANIELS FROM THAT HOUSE OR HE CALLED THERE? A. Q. A. Q. THAT'S CORRECT. WELL WAS THE WHITE HOUSE SEARCHED? YES. WELL WAS ANY PERSONAL EFFECTS OF MR. DANIELS FOUND THERE,

CLOTHES, MAIL, ANYTHING LIKE THAT? A. Q. NO. WELL WAS FINGERPRINTS EVER LIFTED FROM INSIDE THE WHITE

HOUSE THAT REFLECTED HE'D BEEN IN THAT HOUSE AND THIS IS PROOF POSITIVE THAT HE'S TIED UP WITH THESE PEOPLE? A. Q. NO. WELL, DID YOU GO AROUND TO THE NEIGHBORS WITH HIS PICTURE

AND SAY HAVE YOU EVER SEEN THIS GUY IN THIS HOUSE, EVER SEEN HIM HERE, SEEN HIS CAR? A. Q. NO. I WANT TO ASK YOU SOMETHING ELSE. GOVERNMENT'S EXHIBIT

NUMBER 10 WAS -- THAT'S A BIG HOUSE IT LOOKED TO ME LIKE? A. WHICH ONE WAS 10?

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89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. THE WHITE HOUSE? THE WHITE HOUSE, YES. AND YOU SAY THERE WAS A FELLOW HIDING IN THERE INNOCENT

GUERVILLE? A. Q. A. Q. YES, INNOCENT GUERVILLE WAS IN THE HOUSE. WHERE WAS HE HIDING? IN A CLOSET IN ONE OF THE BEDROOMS. AND YOU'VE GOT A PICTURE OF MR. GUERVILLE IN THE HOUSE; IS

THAT CORRECT? A. Q. A. WE TOOK HIS PICTURE. WE SNAPPED A PHOTO OF HIM. WHEN YOU SAY WE, WHO IS WE?

I WANT TO ASK YOU THAT.

THE AGENTS, DEA, DEKALB COUNTY, WE HAD ONE APD, ONE FBI

WITH US. Q. I COULDN'T HELP BUT NOTICE IN THE BACKGROUND OF THAT WAS THAT THE

PHOTOGRAPH WAS A PICTURE OF THE SOPRANO FAMILY.

GOVERNMENT'S ATTEMPT AT HUMOR OR WAS THAT JUST SORT OF COINCIDENTAL THAT HE WAS STANDING THERE? A. I DON'T THINK IT WAS AN ATTEMPT AT HUMOR. I DIDN'T COVER

THAT IN MY TESTIMONY, BUT THE WALLS OF THE HOUSE WERE COVERED WITH GANGSTER PHOTOGRAPHS. IT WOULD HAVE BEEN HARD TO POSE HIM

SOMEWHERE AND KEEP THE GANGSTER PHOTO OUT OF THE BACKGROUND TO BE HONEST. Q. LET ME ASK YOU ABOUT WHEN YOU SAY -- WITH REGARD TO

GOVERNMENT'S EXHIBIT NUMBER 4 THAT WAS A FLIER INVITING PEOPLE TO THE PARTY FOR SOMEBODY, THE WILD ANIMAL PARTY?

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90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. YES. YOU SAID YOU ALSO SAW PICTURES OF BLEU DAVINCI WHO YOU'VE

IDENTIFIED AS A DRUG DEALER/ENTERTAINER OR ENTERTAINER/DRUG DEALER, WHATEVER HE IS. YOU SAID YOU ACTUALLY WITNESSED

PICTURES OF HIM PERFORMING ON STAGE? A. Q. A. Q. A. Q. I DID IN A DVD. I'VE WATCHED A FEW DVD'S OF THE BMF.

ARE THEY AVAILABLE, THE DVD'S AND PICTURES OF THE -I THINK THEY ARE ON THE INTERNET. ON THE INTERNET? I BELIEVE SO ONLINE. IF I WANTED TO SEE THEM ON THE INTERNET, DO YOU KNOW WHAT

I'D PUNCH IN THERE, BLACK MAFIA FAMILY ENTERTAINMENT OR BLEU DVD -A. I DON'T KNOW IF THEY'RE STILL AVAILABLE, AND I REALLY

DON'T KNOW HOW THEY'RE OBTAINED ONLINE. Q. LET ME ASK YOU WITH REGARD -- BUT YOU DON'T HAVE THEM HERE

FOR US TO LOOK AT? A. THE DVD'S? ACTUALLY I HAVE THEM IN MY CASE, BUT WE'RE NOT

PLANNING TO SHOW THEM I DON'T THINK. Q. A. Q. CAN I SEE THEM? SURE. LET ME ASK YOU ABOUT SPACE MOUNTAIN. IS THAT A NAME THAT

YOU GAVE IT OR IS THAT A NAME THAT OTHER PEOPLE THAT WERE THERE GAVE IT? A. IT'S A NAME WE LATER LEARNED FROM OUR WITNESSES THAT THAT

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91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WAS THE NAME THEY GAVE IT. Q. A. Q. A. Q. A. Q. NOW SPACE MOUNTAIN WAS A HOUSE? CORRECT. WAS IT SEARCHED ALSO? THAT HOUSE WAS SEARCHED, YES. AND I THINK YOU SAY YOU FOUND A COUPLE OF GUNS? YES. AND A TENNESSEE DRIVER'S LICENSE AND SOME CLOTHING THAT

SAID BMF ENTERTAINMENT ON IT? A. Q. A. Q. YES. AND A COUPLE OF VEHICLES AND SOME WRAPPINGS? YES. IT SOUNDED LIKE YOU DID A PRETTY THOROUGH SEARCH. WHO

SEARCHED IT? A. THAT SAME COMBINATION OF AGENCIES BUT IT WAS MOSTLY HIDTA THE SEARCH AT PARAN PLACE I HAD A DIFFERENT PART

AND APD PEOPLE ASSIGNED TO HIDTA.

WAS NOT TECHNICALLY UNDER MY DIRECTION. OF THE CASE AT THAT TIME. Q. ALL RIGHT.

WELL, WHOSE NAME IS THE HOUSE IN, THE SPACE

MOUNTAIN HOUSE? A. THAT I DON'T KNOW. I MAY HAVE KNOWN IT AT ONE TIME, BUT

IT WAS A LEASE, A LEASE/PURCHASE. Q. A. Q. WELL IS MR. DANIELS ON THE LEASE ANYWHERE? NO. DID MR. DANIELS MAKE ANY OF THE LEASE PAYMENTS?

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92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. NO. WHO WAS IT LEASED FROM, DO YOU KNOW? I DON'T KNOW. THE NAME OF THE OWNER I DON'T RECALL.

WELL IS THERE A TELEPHONE IN THE SPACE MOUNTAIN HOUSE, A

LANDLINE TELEPHONE? A. Q. A. AGAIN, I'M NOT SURE. WHO WOULD KNOW THOSE THINGS? WHETHER THERE WAS A HARDLINE PHONE AT THE PARAN PLACE? I

MEAN PUT IT THIS WAY, IF THERE WAS A PHONE THERE IN FLEMING DANIELS' NAME, I WOULD KNOW IT, OR IF THERE WAS A PHONE THERE IN THE NAME OF ANY BMF MEMBER I WOULD KNOW IT. I'D BE SHOCKED, TOO, BECAUSE IT WOULDN'T BE SOMETHING I WOULD EXPECT A BMF MEMBER TO DO TO PUT A PHONE IN HIS OWN NAME. Q. A. Q. DO YOU HAVE ANY COMPUTERS? I'M NOT SURE. WELL YOU HAVE TO HAVE A LANDLINE TO HAVE DSL IN THE HOUSE,

DON'T YOU? A. Q. YES. AND, AGAIN, IF THERE WAS A TELEPHONE IN THERE IF YOU KNEW

ABOUT IT YOU COULD SEE WHERE MR. DANIELS HAD CALLED OR ANYBODY HAD CALLED MR. DANIELS ON THAT PHONE, RIGHT; YOU CAN GET THOSE RECORDS? A. IF THERE WERE PHONE RECORDS, I WOULD GET THEM. IF I COULD

GET THEM, I WOULD, YEAH.

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93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. A. Q. A. Q. YOU DON'T KNOW IF THERE'S A LANDLINE THERE OR NOT? I'M PRETTY SURE THERE WAS NOT. ARE YOU PRETTY SURE? A MINUTE AGO YOU DIDN'T KNOW.

I DON'T KNOW OF A HARDLINE PHONE AT THAT HOUSE. DID YOU TELL US THAT YOU DIDN'T PARTICIPATE IN THE SEARCH? I DID PARTICIPATE. OH, YOU DID PARTICIPATE IN THE SEARCH OF THIS HOUSE? AT PARAN PLACE, YES. THAT'S THE SPACE MOUNTAIN HOUSE? YES. WELL, LET ME ASK YOU THIS. IS HIS NAME ON ANY OF THE

UTILITIES ON THIS HOUSE? A. Q. NO. WELL, DID YOU FIND ANYTHING IN THE HOUSE, ANYTHING THAT

SUGGESTED THAT HE LIVED THERE, ANY PERSONAL ITEMS OF HIS, MAIL, CLOTHES, ANYTHING LIKE THAT? A. Q. A. Q. NO. DID YOU FIND HIS FINGERPRINTS THERE? NO. DID YOU GO AROUND TO THE NEIGHBORS AND SAY HAVE YOU EVER

SEEN THIS GUY AT THE HOUSE? A. I DID NOT CANVASS THE NEIGHBORHOOD. I DON'T THINK ANYBODY

ELSE DID. Q. ALL RIGHT. NOW, MR. CESTERO WAS A CONTRACTOR; IS THAT

CORRECT?

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94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. YES. LIKE A CONSTRUCTION CONTRACTOR? YES. BUILDS AND FIXES THINGS SUCH AS THAT? YES, LIKE A PAINTER, HANDYMAN. OKAY. THESE GOVERNMENT'S EXHIBIT NUMBERS 35-A AND B ARE

THE -- YOU GOT THEM BACK FROM T-MOBILE RESPONSES? A. Q. YES. TO SHOW THAT SOMEBODY NAMED SHAMEER JACKSON GOT TWO

TELEPHONES, CORRECT? A. WELL, THEY WERE WHAT I OBTAINED FROM T-MOBILE ON THE

NUMBERS THAT JOE CESTERO GAVE ME. Q. OKAY. AND YOU SAID THAT -- I MEAN BOTTOM LINE IS YOU

THINK MR. DANIELS USING THE NAME SHAMEER JACKSON GOT TWO TELEPHONES FROM T-MOBILE? A. Q. A. Q. YES, I DO. IS THAT WHERE WE ARE? YES. I MEAN I GET MY CELLPHONE RECORDS AND IT TELLS ME DO YOU HAVE THOSE RECORDS

EVERYBODY I TEXT AND CALL. AVAILABLE? A.

ALL I HAVE IS THE SUBSCRIBER NOT THE CALL DETAIL OR THE

TOLL RECORDS, NO, JUST THE DESCRIBERS. Q. WHICH MEANS ALL YOU KNOW IS THAT SOMEBODY NAMED SHAMEER

JACKSON GOT TWO TELEPHONES IN THOSE NUMBERS?

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95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. SOMEONE USING THE NAME SHAMEER JACKSON, YES. YOU THINK THEY WERE MR. FLEMING DANIELS? I DO, YES. AND YOU NEVER BOTHERED TO GET WHATEVER THEY CALL THE TOLL

RECORDS TO SHOW WHO HE WAS CALLING OR WHO WAS CALLING HIM? A. I'M NOT EVEN SURE IF THEY WERE AVAILABLE BECAUSE IT'S A SOMETIMES YOU CAN'T GET THE CALL DETAIL

PREPAY ACCOUNT.

RECORDS, BUT I DID NOT TRY TO GET THE CALL DETAIL RECORDS, CORRECT. Q. YOU DON'T KNOW WHO HE WAS CALLING, ASSUMING THEY WERE HIS

PHONES, AND WHO WAS CALLING HIM? A. CORRECT, IT'S JUST A MATTER OF TIME. HE'S ONE OF A

HUNDRED TARGETS. Q. A. BEEN GOING ON SINCE 2003? THAT'S TRUE, BUT I JUST CAN'T DEVOTE MY LIFE TO EVERY

SINGLE ONE OF THEM. Q. WELL, YOU HAVE A PRETTY GOOD STAFF DOWN THERE AT THE DEA, I MEAN THESE FELLOWS GOT ALL KINDS OF RESOURCES AND

DON'T YOU? STUFF. A.

I'M THE CASE AGENT OF THIS CASE AND OTHER CASES, AND EVERY

OTHER AGENT IN MY GROUP IS THE CASE AGENT OF OTHER CASES. Q. WELL MR. DANIELS PLED NOT GUILTY ABOUT A YEAR AGO. YOU

KNEW WE WERE GOING TO BE HERE TODAY, AND YOU'RE GOING TO HAVE TO ESTABLISH HIS CONNECTION TO THESE OTHER PEOPLE. ALWAYS SEE PHONE RECORDS IN THESE CASES? I MEAN I

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96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. YES. WAS THAT HOUSE SEARCHED? IT WAS. AND YOU FOUND SOME GUNS, THREE GUNS, CASH AND JEWELRY AND A. Q. TRUE. BUT WE DON'T HAVE THEM. OKAY.

NOW THE BROOKHAVEN HOUSE, YOGI'S HOUSE?

SOME PHOTOGRAPHS? A. Q. YES. ONCE AGAIN, WAS MR. DANIELS ON THE DEED OR LEASE OR

ANYTHING LIKE THAT? A. Q. HIS ONLY LINK TO THE HOUSE AS FAR AS I KNOW IS THE PHOTOS. THERE'S A PHOTOGRAPH OF HIM WITH SOME OTHER PEOPLE; IS

THAT CORRECT? A. Q. SEVERAL PHOTOS. AND SO YOU DON'T HAVE HIS FINGERPRINTS, PERSONAL MAIL,

NOTHING THAT REFLECTS THAT HE HAD EVER BEEN THERE? A. Q. CORRECT, THAT IS CORRECT. AND THE PHOTOGRAPHS, ARE THESE THE ONES THAT WERE ON THE

PARTY BOAT? A. Q. YES. AND FROM YOUR PERSONAL KNOWLEDGE YOU DON'T KNOW THE

CIRCUMSTANCES UNDER WHICH THEY WERE TAKEN, PERSONAL KNOWLEDGE? A. Q. WELL, I MEAN I CAN LOOK AT THEM AND MAKE SOME INFERENCES. YOU CAN LOOK AT THEM AND SEE IT'S A GROUP OF PEOPLE ON A

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97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTY BOAT? A. WELL, THERE'S A LOT MORE THAN WHAT WE SHOWED IN COURT.

THERE WERE PROBABLY HUNDREDS OF PHOTOS FROM THAT PARTY. Q. OKAY. ALL RIGHT. SO LET'S SEE, THE HOUSES AT MOUNT PARAN

ROAD, THE GATE HOUSE, AND THE ELEVATOR HOUSE ON GLENRIDGE AND THE VALLEY ROAD -- HABERSHAM VALLEY ROAD, THE HORSE RANCH HOUSE. A. Q. THEY WERE NOT SEARCHED?

CORRECT. SO DON'T KNOW WHETHER THERE WAS ANYTHING IN THERE TYING

MR. DANIELS TO ANY OF THESE HOUSES THAT REFLECT THAT HE HAD EVER BEEN THERE, CORRECT? A. Q. WITH RESPECT TO TWO OF THEM NO PAPER TRAIL AT ALL. WELL, LET ME ASK YOU DID YOU CHECK TO SEE AGAIN ARE THERE

PHONES THAT GO INTO THESE HOUSES THAT WE COULD SEE SOME RECORDS THAT REFLECT THAT HE CALLED OR SOMEBODY FROM THE HOUSE CALLED HIM; WAS THAT DONE? A. NO PHONE RECORDS. THERE'S NO HARDLINE PHONE RECORDS IN

THE ENTIRE CASE. Q. NOT? A. Q. I DON'T. DID YOU GO AROUND TO THE NEIGHBORHOOD AND SEE -- YOU'VE OKAY. AND YOU DON'T KNOW IF THEY HAD HARDLINE PHONES OR

GOT HIS PICTURE AND SAY HAS ANYBODY EVER SEEN THIS GUY COME TO THIS HOUSE? A. I DID NOT INTERVIEW NEIGHBORS WITH RESPECT TO THOSE THREE

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98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LOCATIONS. Q. A. Q. AND HIS NAME I PRESUME IS NOT ON ANY UTILITIES? HIS NAME IS ON VERY, VERY LITTLE PAPER. OKAY. CONCERNING THESE PIECES OF PROPERTY, HIS NAME IS

NOT ON THE DEED, LEASE, UTILITY, ANYTHING? A. Q. I'VE NEVER SEEN HIS NAME ON A LEASE OR A DEED. AND I'M ASSUMING THESE HOUSES ARE PRETTY SIGNIFICANT IN

CONNECTION WITH YOUR INVESTIGATION OR YOU WOULDN'T BE MENTIONING THEM AND PUTTING PHOTOGRAPHS IN FRONT OF THE JURY FOR THESE HOUSES, CORRECT? A. Q. THE HOUSES ARE SIGNIFICANT, YES, VERY SIGNIFICANT. THE MUSTARD SOMETHING OR OTHER -- I WANT TO ASK YOU WE WENT TO ONE OF THE HOUSES HERE OR MORE THAN ONE THE SPACE MOUNTAIN HOUSE, YOU SAY WHEN YOU WENT

SOMETHING.

OF THE HOUSES.

TO THE HOUSE, I MEAN IT WAS OBVIOUS PEOPLE WERE LIVING THERE BUT IT WAS UNOCCUPIED AT THE TIME? A. Q. A. Q. YES. NOBODY WAS THERE, CORRECT? YES. SAY LIKE JUDGE EVANS GIVES YOU A SEARCH WARRANT, HOW MUCH

TIME DO YOU HAVE TO EXECUTE THAT SEARCH WARRANT; DO YOU HAVE TO DO IT LIKE RIGHT THEN? A. Q. NO, NORMALLY TEN DAYS. SO YOU'VE GOT A SEARCH WARRANT FROM A JUDGE THAT

AUTHORIZES YOU TO GO TO THE HOUSE AND SEARCH IT, CORRECT?

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99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. YES. AND YET WHEN YOU GUYS ALL GET THERE, THERE'S NOBODY THERE? THAT HAS HAPPENED, YES. IS THERE NOBODY THAT'S SURVEILLING THIS HOUSE TO MAKE SURE WE'RE

THAT WHEN WE GO THERE WE'RE GOING TO GET SOME PEOPLE? GOING TO MAKE SURE IT'S OCCUPIED. TO DO IT. A.

YOU'VE GOT A TEN-DAY WINDOW

DOES ANYBODY DO THOSE KIND OF THINGS?

YEAH, THERE'S ALL KINDS OF DECISIONS THAT GO INTO THE --

ALL KINDS OF FACTORS THAT GO INTO THE DECISION OF WHEN TO HIT A HOUSE, AND SAFETY IS A CONCERN, GETTING BURNED ON SURVEILLANCE IS A CONCERN, AND SOMETIMES THERE'S OTHER THINGS. LIKE YOU MENTIONED WIRETAPS, SOMETIMES YOU CAN'T WAIT TEN DAYS OR OTHER PARTS OF AN INVESTIGATION WILL BE COMPROMISED. YOU HAVE TO TAKE THE CALCULATED GAMBLE THAT YOU

WILL GET PEOPLE AT THE HOUSE. THERE WERE TWO VEHICLES PARKED OUTSIDE THAT HOUSE. YOU WOULD EXCEPT THAT THERE MIGHT BE SOMEBODY AT THE HOUSE, BUT ULTIMATELY I CAN'T EVEN EXPLAIN WHY THE DECISION WAS MADE TO HIT THAT HOUSE AT THAT TIME BECAUSE I WAS NOT IN ON THAT DECISIONMAKING PROCESS. SO I REALLY DON'T KNOW WHY THEY HIT

THE HOUSE, BUT IT WAS NOT CONSIDERED TO BE A DISAPPOINTMENT THAT NO ONE WAS AT THE HOUSE. Q. A. NOBODY WAS UPSET THAT NOBODY WAS THERE? NO, REALLY IT WASN'T A RAID TO ARREST PEOPLE. IT WAS TO

GATHER EVIDENCE TO FURTHER THE INVESTIGATION.

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100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. WAS IT IN THE MIDDLE OF THE DAY OR NIGHT OR DO YOU KNOW? IT WAS EARLY EVENING WHEN IT WAS HIT. WITH REGARD TO THE MUSTARD, THAT'S AN APARTMENT YOU SAY

THAT WAS ON LENOX PARK BOULEVARD? A. YEAH, THAT PERTAINED TO BILL MARSHALL. WE KNEW -- WE HAD

FOUND OUT THAT HE WAS RESIDING THERE. A DISAPPOINTMENT.

NOW THAT ONE WAS KIND OF HE WE

WE WERE LATE IN HITTING THAT HOUSE.

BELIEVED MAINTAINED THAT APARTMENT THROUGHOUT THE DURATION OF 2004. BY EARLY 05 HE WAS GONE. HE HAD ABANDONED IT. THE

ONLY THING THAT WAS THERE WAS A SHREDDER THAT DRUG DEALERS USE TO SHRED DOCUMENTS. THERE WAS NO FURNITURE. THERE WAS SOME

SHREDDED PAPER ON THE FLOOR. THERE WAS ALL KINDS OF SECURITY DEVICES STILL IN PLACE, CAMERAS, BUT THAT WAS ABOUT IT, AND THEN THE SAME DAY WE HIT ANOTHER HOUSE OF MARSHALL'S, HIS HOUSE IN LITHONIA. Q. LET ME ASK YOU A QUESTION WITH REGARD TO THE MUSTARD. NOW

LENOX PARK ROAD -A. Q. LENOX PARK BOULEVARD IT'S A GATED APARTMENT COMPLEX. THAT'S WHAT I WAS GOING TO SAY IT LOOKS LIKE IT WAS A

PRETTY NICE PLACE? A. Q. A. YEAH, WE DIDN'T SHOW A PHOTO OF IT BUT IT'S OKAY. YOU SAY HE HAD SECURITY CAMERAS? HE HAD INSTALLED SECURITY CAMERAS THAT WOULD OBSERVE

ANYBODY WALKING DOWN THE CORRIDOR, THE BREEZEWAY TOWARD HIS

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101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APARTMENT. Q. LET ME ASK YOU AGAIN I MEAN PRESUMABLY NOTHING CONNECTING

MR. DANIELS TO THIS APARTMENT; HE'S NOT ON THE LEASE? A. THERE'S NO PAPER TRAIL. I CAN ONLY DEAL WITH PAPER TRAILS THERE MAY BE OTHER WITNESSES TO

AND MY ANY OWN OBSERVATIONS. TALK ABOUT IT. Q. A. Q.

THE ANSWER IS YES, HE'S NOT ON THE LEASE? NOT ON THE LEASE. NEVER ANY EVIDENCE THAT HE MADE ANY PAYMENTS ON THIS

APARTMENT? A. Q. NO EVIDENCE OF THAT. NOT ANY EVIDENCE THAT HE EVER HAD ANYTHING TO DO WITH

PAYING UTILITIES OR PUTTING THEM IN HIS NAME ON THIS APARTMENT? A. Q. CORRECT. THIS IS AN APARTMENT BUILDING. ARE THERE OTHER PEOPLE IN

THE OTHER APARTMENTS? A. Q. YES. AND THIS WAS A DRUG HOUSE FROM WHAT YOU'RE TELLING ME,

CORRECT? A. Q. A. Q. YES. WERE THERE OTHER PEOPLE IN THE APARTMENTS? IN OTHER APARTMENTS AROUND THAT APARTMENT, YES. WAS ANYBODY ASKED IF THEY HAD EVER SEEN THIS MAN IN AND

AROUND THIS AREA, MR. DANIELS, HIS PICTURE? A. NO, WE DID NOT SHOW HIS PHOTO AROUND.

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102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. AGAIN, YOU DON'T KNOW WHETHER THERE WAS A TELEPHONE IN

THERE, I PRESUME, AT ANY TIME? A. Q. THERE WAS NO PHONE WHEN WE ENTERED. DID ANYBODY CHECK TO SEE WITH BELLSOUTH IF THERE HAD EVER

BEEN A PHONE IN THAT APARTMENT? A. I BELIEVE THAT ONE DID HAVE A PHONE. IT WAS IN THE NAME

OF CLARENCE TILLER. Q. WHAT DO YOU CALL THOSE RECORDS THAT REFLECT WHAT CALLS

WERE MADE FROM THAT PHONE AND WHAT CALLS CAME IN? A. TOLL RECORDS WOULD JUST SHOW LONG DISTANCE LIKE ON A IF WE GOT THEM, I DON'T RECALL. I DON'T

REGULAR PHONE BILL.

THINK THEY WERE SIGNIFICANT. Q. ANY EFFORT TO FIND WHETHER MR. DANIELS' FINGERPRINTS WERE

IN THAT APARTMENT ANYWHERE? A. Q. NO. WELL, YOU SAID THERE WERE SURVEILLANCE TAPES. ARE THERE ANY NOW THIS

LOOKS LIKES A PRETTY HIGH-END PLACE.

SURVEILLANCE TAPES FROM EITHER OUTSIDE CONTROLLED BY THE APARTMENT COMPLEX OR IN THE APARTMENT COMPLEX THAT REFLECT A PICTURE OF MR. DANIELS IN THIS APARTMENT OR COMING TO THE APARTMENT? A. NO BUT I DON'T KNOW WHAT I SAID ABOUT SURVEILLANCE TAPES.

YOU SAID I MENTIONED SURVEILLANCE TAPES? Q. A. YOU MENTIONED SURVEILLANCE CAMERAS. THAT'S BY THE BAD GUYS, YEAH, COUNTERSURVEILLANCE.

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103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. YES. YOU HAVE -- WELL, I'M SORRY I THOUGHT -- OKAY. INDIAN TRAIL STREAM IS MR. DANIELS'S HOUSE, AND THERE WAS 86,000 DOLLARS IN CASH THAT WAS FOUND AT THE HOUSE? A. YES. Q. ARE THERE ANY TAPES FROM THE BAD GUYS' EQUIPMENT THAT SHOW

MR. DANIELS? A. Q. A. NO, THEY DID NOT HAVE ANY TAPES THERE, NO. DID THE GOOD GUYS HAVE ANY TAPES? THE GOOD GUYS DIDN'T DO TAPE SURVEILLANCE AT LENOX PARK

BOULEVARD, NO. Q. YOU SAID THIS WAS A GATED COMPLEX. IS THERE ANY EVIDENCE

THAT MR. DANIELS HAD A PASSKEY OR PASS CODE TO THE COMPLEX? A. Q. A. Q. NO. IT'S YOUR BELIEF THAT DRUGS WERE THERE? AT ONE TIME, YES. NOW, INDIAN STREAM TRAIL YOU SAY YOU FOUND 86,000 DOLLARS

CASH THERE? A. Q. A. Q. A. Q. LAW ENFORCEMENT DID. OKAY. I WAS NOT PRESENT FOR THAT SEARCH.

AND YOU SAY THAT WAS MR. DANIELS' HOUSE?

YES, I DID SAY THAT. IS THAT HOUSE IN HIS NAME? NO, OF COURSE NOT. OF COURSE NOT. OKAY.

DID HE LIVE THERE?

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104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. OKAY. FOREST LAKE ROAD YOU SAID THAT WAS MR. DANIELS'

HOUSE? A. Q. A. Q. A. Q. A. Q. A. Q. A. YES. WAS THAT HOUSE SEARCHED? NO, IT WAS NOT. BUT YOU KNEW IT WAS MR. DANIELS' HOUSE? YES. BUT YOU DON'T KNOW IF THERE WAS DRUGS, MONEY, ANYTHING? FROM MY PERSONAL KNOWLEDGE, NO. AND HE LIVED THERE WITH HIS FAMILY? YES. DO YOU KNOW HIS FAMILY; DO YOU KNOW WHAT IT CONSISTS OF? COMMON LAW WIFE AND TWO CHILDREN OF THEIRS AND A THIRD

CHILD THAT IS HERS BUT I THINK HE RAISED. Q. A. Q. A. AND THEY LIVED WITH HIM AT FOREST LAKE ROAD? YES. LET ME ASK YOU HOW LONG DID HE LIVE THERE; DO YOU KNOW? I'M NOT SURE OF THE EXACT TIMEFRAME, BUT I THINK OVER A

YEAR. Q. WELL, IT NEVER WAS SEARCHED SO YOU DON'T KNOW IF THERE WAS

ANYTHING IN THERE THAT WOULD BE INCRIMINATING? A. I HAVE TO EXPLAIN WHY -- IT SOUNDS LIKE WE DIDN'T DO ANY

WORK ON THIS CASE -Q. A. I THINK YOU DID A LOT OF WORK. WE'RE TRYING TO TIME THINGS RIGHT. WE CAN'T GO GRAB

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105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FLEMING DANIELS AND SEARCH HIS HOUSE IF WE'VE GOT 99 OTHER TARGETS THAT WE'RE TRYING TO GET IN POCKET AND GATHER EVIDENCE AGAINST AT THE SAME TIME. IT'S ALL A MATTER OF TIMING OF GETTING PEOPLE TOGETHER AT THE RIGHT TIME AND NOT HAVING A WHOLE LOT OF FUGITIVES AND A WHOLE LOT OF PEOPLE AWARE OF WHAT WE'RE DOING. WE'RE TRYING TO KEEP BELOW THE SURFACE WHILE WE'RE DOING OUR INVESTIGATING. SO THE TIMING OF SOME OF THESE SEARCH

WARRANTS YOU MAY NOT GET A WHOLE LOT OF BIG SCORE WHEN YOU DO HIT THE HOUSE. Q. OKAY. LET ME ASK YOU THIS. LET'S JUST ASSUME THERE IS

NOTHING IN THE HOUSE OR WE DIDN'T KNOW IF THERE IS ANYTHING IN THE HOUSE, BUT YOU HAD BY LATE 2007 OR MID 2007 YOU HAD A PRETTY GOOD IDEA OF WHO YOU THOUGHT MR. DANIELS WAS IN LEAGUE WITH; YOU MENTIONED A BUNCH OF NAMES, CORRECT? A. Q. A. Q. A. Q. A. BY 07, YEAH, SURE, YES. AND YOU HAD PICTURES OF ALL THESE PEOPLE, CORRECT? A LOT PICTURES, YES. WAS THE HOUSE THAT HE LIVED IN IN A NEIGHBORHOOD? WHICH ONE? THE HOUSE HE LIVED WITH HIS CHILDREN AND HIS WIFE? THE ONE THAT -- I THOUGHT WE WERE TALKING ABOUT FOREST

LAKE. Q. A. WHERE HE LIVED WITH HIS CHILDREN? WELL, I THINK HE ALSO LIVED WITH HIS CHILDREN AT INDIAN

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106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STREAM TRAIL. Q. A. Q. ARE THEY IN NEIGHBORHOODS? THEY BOTH ARE, YES. DID YOU GO AROUND TO NEIGHBORS AND SAY HAVE YOU SEEN ANY

OF THESE PEOPLE COME TO THIS HOUSE THAT WOULD INDICATE THAT SOME OF THESE OTHER FELLOWS HAVE BEEN THERE; DID ANYBODY DO THAT? A. Q. YES, THAT WAS DONE IN BOTH OF THOSE NEIGHBORHOODS. DO YOU KNOW WHETHER HE HAD TELEPHONES OR NOT? I MEAN HE

HAD CHILDREN. IN THAT HOUSE? A.

DID HE HAVE WHAT THEY CALL A LANDLINE, HARD WIRE

I DON'T KNOW THE ANSWER TO THAT QUESTION AS TO HARDLINES DON'T KNOW.

AS TO BOTH OF THOSE HOUSES. Q.

SO THERE WOULDN'T BE ANY TELEPHONE RECORDS FROM THOSE

HOUSES SHOWING HE WAS CALLING PEOPLE AND THEY WERE CALLING HIM? A. IF THERE WERE HARDLINE PHONE RECORDS, THEY WOULD NOT HAVE BUT WOULD THEY SHOW PHONE CONTACTS WITH IT WOULD BE MORE -- I

BEEN IN HIS NAME. OTHER SUSPECTS?

MAYBE BUT NOT LIKELY.

MEAN I THINK THOSE CONVERSATIONS WOULD BE MORE LIKELY TO TAKE PLACE VIA CELLPHONES. Q. WELL YOU'VE GOT CELLPHONES AND YOU DIDN'T GET THOSE

RECORDS? A. I GOT TWO NUMBERS, BUT IT'S COMMON FOR TARGETS OR SUSPECTS

TO HAVE SEVERAL PHONES AND ONLY HAVE PHONES FOR A SHORT DURATION AND THEN CHANGE THE NUMBERS.

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107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. ALL RIGHT. LET'S SEE. I WANTED TO ASK YOU SOMETHING

ELSE.

CAN I SEE 10-A? MR. O'BRIEN: THE COURT: MAY I APPROACH THE WITNESS?

YES.

BY MR. O'BRIEN: Q. THESE WERE PICTURES THAT YOU FOUND IN SOMEBODY'S HOUSE,

DID YOU SAY. A. THIS WAS 1270 EUGENIA TERRACE IN LAWRENCEVILLE. I DID

PARTICIPATE IN THIS SEARCH WARRANT. Q. THIS 10-C IS A PICTURE YOU IDENTIFIED AS MR. DANIELS

WEARING A SHIRT THAT SAYS BLEU DAVINCI ON IT; DOES IT NOT? A. Q. YES, THAT'S CORRECT. THAT'S THE FELLOW YOU IDENTIFIED AS THE DRUG DEALER, DRUG

DEALER/ENTERTAINER, WHATEVER HE IS? A. HE WAS INDICTED IN THE CASE. I WOULD SAY HE'S A DRUG

DEALER. Q. LET ME ASK YOU NOW WE'VE GOT A PICTURE 10-B THAT YOU

IDENTIFIED AS A PICTURE OF MR. DANIELS AND HE'S SITTING AT A TABLE AND THERE'S A LARGE AMOUNT OF MONEY IN FRONT OF HIM? A. Q. YES. DO YOU SEE ANY DIFFERENCE IN THE QUALITY AND STYLE OF

THESE PHOTOGRAPHS? A. Q. ONE HAS BORDERS AND THE OTHER DOESN'T. WOULD IT SURPRISE YOU IF I TOLD YOU THAT THIS PHOTOGRAPH

CAME OFF OF A DVD THAT WAS MADE?

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108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. IT WOULD NOT SURPRISE ME. OKAY. A DVD IS SOMETHING THAT SOMEBODY MANUFACTURERS SORT

OF LIKE A VIDEO OR SOMETHING LIKE THAT IF THEY'RE GOING TO HAVE -- THAT'S WHAT WE SEE ON TV WHEN THE SINGERS AND RAPPERS DO THEIR THING, RIGHT? A. Q. I'VE SEEN IT. OKAY. THE OTHER TWO PHOTOGRAPHS YOU SAY YOU FOUND THEM.

YOU DON'T KNOW THE CIRCUMSTANCES WHERE, WHEN THEY WERE TAKEN, WHO TOOK THEM OR ANYTHING LIKE THAT, PERSONAL KNOWLEDGE; IS THAT CORRECT? A. CORRECT. MR. O'BRIEN: KNOW YOU WANT TO STOP. (PAUSE IN THE PROCEEDINGS.) MR. O'BRIEN: THE COURT: THANK YOU, AGENT HARVEY. JUDGE, I MAY BE JUST ABOUT FINISHED. I

IS THAT ALL FOR AGENT HARVEY? WE HAVE FEW A FOLLOW-UP QUESTIONS BUT

MR. MCBURNEY:

I CAN DO THAT -- I'LL HAVE MORE QUESTIONS BASED ON THE CROSS-EXAMINATION. THE COURT: ALL RIGHT. WE WILL TAKE A LUNCH BREAK PLEASE BE BACK IN THE JURY

UNTIL 1:40, LADIES AND GENTLEMEN. ROOM AT 1:40. (NOON RECESS) THE COURT:

YOU MAY PROCEED. THANK YOU, JUDGE.

MR. MCBURNEY:

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109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. MCBURNEY: Q. YOU'RE STILL UNDER OATH, AGENT HARVEY. I WANT YOU TO DISCUSS WITH THE JURY THROUGH THE QUESTIONS I ASK A FEW OF THE INVESTIGATIVE TECHNIQUES THAT MR. O'BRIEN ASKED YOU ABOUT. I WANT TO START WITH WIRETAPS WHICH WE ALSO CALL THEM T-III'S SOMETIMES. IS IT EASY AS IN YOU FILL OUT ONE PIECE OF REDIRECT EXAMINATION

PAPER TO GO UP ON A PHONE, IN OTHER WORDS START MONITORING THE CONVERSATION? A. IT'S NOT EASY. IT'S ENORMOUSLY DIFFICULT. IT'S A BIG

PROCESS THAT INVOLVES SEVERAL LEVELS OF APPROVAL BEFORE YOU GET TO A JUDGE. Q. A. Q. A. IN THE END A JUDGE HAS TO AUTHORIZE IT? A JUDGE DOES HAVE TO AUTHORIZE IT, YES. DO YOU HAVE TO PREPARE AN AFFIDAVIT FOR A WIRETAP? YES, IT'S USUALLY ABOUT A HUNDRED PAGE AFFIDAVIT, AND IT

INVOLVES JUST CERTAIN STEPS YOU HAVE TO COMPLY WITH INCLUDING SHOWING THAT THIS IS A LAST RESORT, THAT THERE IS NO OTHER MEANS OF EFFECTIVE INVESTIGATION THAT WOULD LIKELY SUCCEED. YOU HAVE TO BE ABLE TO SHOW THAT THIS IS THE LAST POSSIBILITY OF -- IN OTHER WORDS, SURVEILLANCE WOULD BE IMPOSSIBLE, INFORMANT INFILTRATION WOULD BE IMPOSSIBLE AND THAT OUR LAST RESORT IS A WIRETAP. IT'S CALLED A NECESSITY

REQUIREMENT IN THE TITLE III AFFIDAVIT, TITLE III OR T-III.

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110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. HOW MANY WIRETAPS ARE YOU AWARE OF THAT WERE BROUGHT

FEDERALLY IN THE OVERALL BMF INVESTIGATION? A. FEDERALLY ONLY ONE, ONLY ONE OFFICE DID ONE WHICH WAS

DETROIT AND -Q. A. WHOSE PHONE DID THEY TRY TO GO UP ON? PRIMARILY TERRY FLENORY. DETROIT WAS AWARE THAT TERRY THEY DID GET UP ON ONE OF

FLENORY HAD NUMEROUS CELLPHONES.

THOSE PHONES, AND I BELIEVE THAT HE CHANGED THE NUMBER A COUPLE OF TIMES BUT THEY WERE ABLE TO -- THEY WERE NEVER ON MORE THAN ONE PHONE AT ONE TIME OF TERRY FLENORY'S BUT THEY -Q. HOW MANY CELLPHONES IN THE END DID THE INVESTIGATION LINK

TO TERRY FLENORY? A. MAYBE TWO OR THREE. LIKE I SAID, IT WAS ONLY ONE AT A

TIME. Q.

HE CARRIED LIKE TEN CELLPHONES.

IN A BAG OR ON HIS PERSON OR IN HIS ENTOURAGE, YOU SAID

TEN CELLPHONES? A. Q. THAT WAS HIS METHOD OF OPERATION, YES. OKAY. SO ONE FEDERALLY. WERE THERE ANY -- YOU DESCRIBED

IN PARTICULAR WHEN MR. O'BRIEN WAS ASKING YOU QUESTIONS A BUNCH OF AGENCIES THAT WERE ASSISTING, PARTICIPATING IN THE INVESTIGATION. A. WERE THERE ANY WHAT I'LL CALL STATE WIRETAPS?

YES, IN THIS INVESTIGATION HIDTA IN ATLANTA TAPPED THE

PHONE OF YOLANDA DRAYER AND OMARI MCCREE. Q. I THINK WE'RE HEARD OF THE FORMER. THAT'S YOGI THE HOUSE

WHERE YOU FOUND THE PHOTOS OF DEFENDANT DANIELS?

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111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. YES. AND OMARI MCCREE IS WHO? OMARI MCCREE WAS A LOCAL ATLANTA DRUG TRAFFICKER WHO WAS

LATER IDENTIFIED AS A BMF MEMBER, AND HE WAS SUBSEQUENTLY ARRESTED AND IS SERVING STATE PRISON TIME RIGHT NOW. Q. SO OF THE 60, 70 HOWEVER MANY DEFENDANTS YOU'VE DESCRIBED

ACROSS ALL THESE INDICTMENTS, THREE PEOPLE HAD THEIR PHONES MONITORED THROUGH A T-III? A. THERE WAS ONE OTHER PERSON IN DETROIT, AN UNDERLING OF HIS NAME WAS BENJAMIN SMITH I BELIEVE.

TERRY FLENORY'S. Q.

HIS PHONE WAS MONITORED AS WELL BY THE DETROIT

AUTHORITIES? A. Q. CORRECT, AND THAT TAP WAS NOT PRODUCTIVE AS FAR AS I KNOW. ALL THESE PHONE CALLS THAT WERE INTERCEPTED ON TERRY

FLENORY'S PHONE, WERE THOSE PART OF THE -- WERE YOU INVOLVED IN ASSEMBLING THE DISCOVERY, MEANING INFORMATION THAT THE GOVERNMENT SHARES WITH THE DEFENSE? A. YES, I WAS INVOLVED IN MAKING THE TAPES OF THE INTERCEPTS, IT

OF ALL THE INTERCEPTS AVAILABLE TO THE DEFENSE IN THE CASE. WAS ALL TURNED OVER, YES. Q.

WAS MR. DANIELS INTERCEPTED ON ANY OF THE IT SOUNDS LIKE

FOUR INDIVIDUALS, FOUR OUT OF 80 WHATEVER THE NUMBER IS PHONES? A. Q. A. HE WAS NOT. WAS MEECH INTERCEPTED ON ANY OF THOSE PHONES? MEECH WAS NOT INTERCEPTED ON HIS BROTHER'S TAP. HE WAS

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112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTERCEPTED ON THE YOLANDA DRAYER TAP. Q. A. Q. HOW MANY TIMES? JUST A COUPLE OF TIMES AND IT WAS NEVER DRUG RELATED TALK. I'M NOT GOING TO DO ALL THE NAMES, BUT YOU MENTIONED J-BO,

CHAD BROWN, WAS HE EVER INTERCEPTED ON ANY OF THESE? A. Q. J-BO NEVER. THERE ARE 16 DEFENDANTS IN THIS CASE, IN THE ATLANTA ANY OTHER ATLANTA DEFENDANTS OTHER THAN DEFENDANT

CASE.

DANIELS INTERCEPTED ON ANY OF THESE WIRETAPS? A. JUST TWO. GUERVILLE WHO IS A FUGITIVE, THE GUY IN THE

WHITE HOUSE. Q. A. THE PICTURE WE'VE SEEN? YES AND AN INDIVIDUAL NAMED DARRYL TAYLOR ON ONE OR TWO

CALLS WITH TERRY FLENORY. Q. A. Q. THAT'S IT? THAT'S IT. MR. O'BRIEN ASKED YOU A FAIR NUMBER OF QUESTIONS ABOUT WE HAVE SOME

SURVEILLANCE FOOTAGE, AIRPLANES IN THE SKY. AERIAL PHOTOS.

APPARENTLY PEOPLE WERE DRIVING BY HOUSES AND

TAKING PICTURES. HE FOCUSED ON WHETHER THERE WERE ANY SURVEILLANCE PICTURES GENERATED BY LAW ENFORCEMENT OR BY BAD GUYS' CAMERAS THAT YOU'VE OBTAINED THAT HAD MR. DANIELS IN THEM CONNECTED WITH DRUGS OR MONEY SOMEWHERE, SHOWING HIM UNLOADING A LIMO OR A TRAPPED CAR UNLOADING IT.

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113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. WHAT WAS YOUR ANSWER TO THAT QUESTION? I SAID WE DID NOT HAVE ANY SURVEILLANCE PHOTOGRAPHS OF

FLEMING DANIELS PARTICIPATING IN DRUG TRANSACTIONS. Q. I'D LIKE TO EXPAND THAT QUESTION A LITTLE BIT. DID THE

DEA OR ANY RELATED AGENCY THROUGH ANY SURVEILLANCE PHOTOS, AIRPLANE, HELICOPTER, SATELLITE, WHATEVER, GET ANY PICTURES OF ANY OF THE DEFENDANTS IN THIS CASE OR OF THE OTHER CASES ENGAGING IN OVERT OBVIOUS DRUG RELATED ACTIVITY UNLOADING A LIMO, LOADING A LIMO, COUNTING BRICKS, COUNTING MONEY? A. ONLY ONE INSTANCE IN THIS INVESTIGATION AS FAR AS I KNOW

AMONG ALL THE DIFFERENT STATES, AND IT WAS SOMETHING THAT HAPPENED AT PHIPPS PLAZA. IT WAS NOT REALLY DONE BY LAW IT WAS KIND OF DUMB LUCK THAT A

ENFORCEMENT BY DEA OR ANYBODY.

SECURITY CAMERA AT PHIPPS PLAZA HAD CAPTURED AN EXCHANGE OF A BAG FROM ONE CAR TO ANOTHER. Q. THAT'S ONE OF THE SUBSTANTIVE COUNTS IN THIS INDICTMENT,

BUT IT'S NOT CONNECTED TO MR. DANIELS? A. Q. A. Q. THAT'S CORRECT. THAT'S IT FOR ALL THE YEARS OF INVESTIGATION? THAT IS CORRECT, YES. MR. O'BRIEN ASKED YOU IF MR. DANIELS, DEFENDANT DANIELS YOU WERE INVOLVED IN

HAD DRUGS ON HIM WHEN HE WAS ARRESTED. HIS ARREST. YOUR ANSWER WAS NO.

DID ANYONE WHEN ARRESTED IN ANY OF THE ROUNDUPS YOU'VE DESCRIBED HAVE BRICKS OF COCAINE, THE KILO QUANTITIES ON

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114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THEIR PERSON WHEN ARRESTED? A. JUST IF IT WAS A CAR STOP, I THINK AN INDIVIDUAL JABARI OTHER THAN A

HAYES, BUT NOT ON HIS PERSON BUT IN HIS VEHICLE.

VEHICLE STOP OR A HOUSE SEARCH, NO, I KNOW THERE WAS NOT ANY DEFENDANTS IN THE CASE THAT WERE ARRESTED WITH BRICKS IN THEIR PERSONAL POSSESSION OR EVEN OUNCES IN THEIR POCKETS. Q. IN THE ROUNDUP FOR THIS CASE THE ATLANTA INDICTMENT, I

UNDERSTAND NOT EVERYONE, THERE'S A FEW FUGITIVE, WERE SIGNIFICANT QUANTITIES OF COCAINE SEIZED FROM ANY OF THE DEFENDANTS WHEN THEY WERE ARRESTED? A. NO, WHAT WE DID IN THIS CASE WAS A ROUNDUP IN JULY OF 07,

AND WE WERE ARRESTING PEOPLE SORT OF AT A TIME WHEN THE CASE, THE INVESTIGATION HAD COME TO A CONCLUSION. AT THAT TIME FLEMING DANIELS WAS ALREADY IN CUSTODY, AND WHEN HE WAS ARRESTED, WE TALKED ABOUT NOT SEARCHING HIS VEHICLE, I DIDN'T IDENTIFY MYSELF AS A DEA AGENT AT THAT TIME FOR INVESTIGATIVE PURPOSES. Q. WE WERE -I DON'T WANT YOU TO GO MUCH

YOU DIDN'T IDENTIFY YOURSELF.

FURTHER IN THE CIRCUMSTANCES OF THE ARREST, BUT YOU DIDN'T SAY THIS IS A DEA ARREST IS WHAT I'M HEARING YOU SAY? A. Q. CORRECT. OKAY. MY QUESTION WAS WHEN YOU DID THE ROUNDUP FOR THIS

CASE, AND I RECOGNIZE MR. DANIELS WAS TAKEN INTO CUSTODY SOME DAY OR MONTHS OR WEEKS BEFORE THAT, BUT THE BIG ROUNDUP IN THIS CASE DID YOU FIND LOTS OF DRUGS IN ANY OF THE HOUSES WHERE YOU

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115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FOUND THE PEOPLE? A. Q. NO, I DID NOT. MR. O'BRIEN ASKED A NUMBER OF QUESTIONS ABOUT NAMES ON WAS THE WHITE HOUSE IN DEFENDANT DANIELS' NAME, WAS

LEASES.

THE ELEVATOR IN DEFENDANT DANIELS' NAME. WERE ANY OF THE HOUSES INSOFAR AS YOU'RE AWARE OF WHOSE NAME WAS ON WHAT EVER IN REAL NAMES OF ANY OF THE DEFENDANTS IN ANY OF THE BMF INDICTMENTS? A. Q. A. NO. WHAT'S CLOSEST IT CAME IF YOU CAN THINK OF AN EXAMPLE? I CAN THINK OF A COUPLE OF EXAMPLES. THE WHITE HOUSE WAS

OWNED IN THE NAME TONESSA WELCH WHO IS THE COMMON LAW WIFE OF TERRY FLENORY. Q. THE DATE -THE COMMON LAW WIFE OF

LET ME STOP YOU A SECOND ON THAT.

TERRY FLENORY HAD THE WHITE HOUSE IN HER NAME? A. Q. YES. THE RESIDENCES THAT YOU TALKED ABOUT THAT YOU ASSOCIATE

DEFENDANT DANIELS WITH INDIAN STREAM AND THE FOREST LAKE, IN WHOSE NAME WERE THOSE RESIDENCES, IF YOU KNOW? A. I KNOW FOREST LAKE WAS OWNED BY A MAN NAMED DOUGLAS THERE WERE NO UTILITY RECORDS IN THE NAME OF

ANTHONY BROWN.

FLEMING DANIELS OR EVEN HIS COMMON LAW WIFE RODESHA MITCHELL. SHE DIDN'T HAVE THE PHONE OR POWER OR ANYTHING IN HER NAME LET ALONE HIS NAME. INDIAN STREAM TRAIL I'M LESS FAMILIAR WITH WHAT THE

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116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UTILITIES WERE. I BELIEVE THAT WAS -- ACTUALLY THERE WAS A

MORTGAGE AT THAT HOUSE IN THE NAME OF RODESHA MITCHELL. Q. A. Q. THE DEFENDANT'S COMMON LAW WIFE? CORRECT. BUT I HAD INTERRUPTED YOU, YOU WERE TOUCHING UPON ONE

DEFENDANT'S COMMON LAW WIFE AND WE HAD THAT. SO TERRY FLENORY THE WHITE HOUSE IN COMMON LAW WIFE'S NAME, AND YOU HAD ONE OTHER EXAMPLE? A. THE GATE, 730 MOUNT PARAN, WE DID AN INVESTIGATION ON THAT

AND FOUND IT WAS A LEASE/PURCHASE FROM THE REAL ESTATE AGENCY WAS MARQUEE BROKERS. WILLIAMS. Q. A. WHAT'S THE SIGNIFICANCE OF THAT NAME? THAT'S THE NAME ON THE TENNESSEE LICENSE OF CHAD BROWN THE LISTED TENANT WAS DERRICK JERMAINE

A/K/A J-BO WHO IS THE ALLEGED TOP UNDERBOSS OF DEMETRIUS FLENORY. Q. A. Q. DERRICK WILLIAMS IS NOT CHAD BROWN'S REAL NAME? CORRECT. MR. O'BRIEN ASKED YOU ABOUT WHETHER IN THESE DIFFERENT

HOUSES THAT YOU GUYS DID SEARCH WHETHER YOU TRIED TO LIFT PRINTS OF DEFENDANT DANIELS. EXPAND THAT QUESTION. DID YOU ATTEMPT TO GET

FINGERPRINTS OF ANY OF THE DOZENS AND DOZENS OF BMF DEFENDANTS DURING THOSE SEARCHES? A. NO, ON NONE OF THE SEARCHES THAT I WAS AT WAS ANY CRIME

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117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCENE TYPE PHOTOGRAPHING BEING DONE. SOME ITEMS THAT WERE

SEIZED MIGHT HAVE BEEN FINGERPRINTED AFTER THE FACT, BUT THERE'S NO FINGERPRINTING OF WALLS OR CHAIRS OR THINGS LIKE THAT. Q. EXPLAIN TO THE JURORS WHY YOU DO THAT. PLENTY OF PEOPLE

WATCH CSI AND SORT OF ASSUME YOU CAN COME IN WITH THIS STRANGE BLUE LIGHT THING AND YOU CAN RECREATE THE MURDER. HOLOGRAM ON THE WALL. WHY WOULDN'T YOU GO IN WITH ALL THESE TECHNICAL EXPERTS AND TRY TO PRINT EVERY SURFACE? A. VARIOUS REASONS. LIMITATION OF RESOURCES IS ONE. IN THIS THERE'S A

PARTICULAR CASE A LOT OF THE ARRESTS WERE MADE AT HOUSES WHERE WE WERE SIMPLY EXECUTING ARREST WARRANTS. CONDUCTING SEARCH WARRANTS. NOW BELLAIRE LAKE WAS ONE THAT WE COULD HAVE IN RETROSPECT MAYBE DONE FINGERPRINTS BECAUSE THERE WAS NOBODY AT THE HOUSE AT THE TIME. Q. A. BELLAIRE LAKE IS WHICH? BELLAIRE LAKE IS THE WHITE HOUSE. WE DID HAVE DEKALB WE WERE NOT

COUNTY POLICE WITH US.

IF WE HAD REQUESTED FINGERPRINTING THEY

MIGHT HAVE DONE THE FINGERPRINTING, BUT WE FOUND A LOT OF WHAT WE CALL INDICIA OF OCCUPANCY AT THE HOUSE. AT THAT TIME WE KNEW DEMETRIUS FLENORY WHO WAS OUR MAIN TARGET AT THAT TIME. HE WAS IN CUSTODY AT THAT TIME.

TERRY FLENORY DID NOT LIVE IN THE STATE OF GEORGIA.

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118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WE FOUND PAPERWORK OF TWO OF THEIR -- PARTICULARLY TWO INDIVIDUALS ALL OVER THE HOUSE THAT WAS MICHAEL ANTHONY GREEN AND A GUY NAMED TERRANCE SCHWARTZ A/K/A TEXAS CUZ. Q. A. Q. MR. GREEN IS HE A DEFENDANT IN THIS CASE? HE IS, YES. YOU TOLD THE JURY EARLY ON YOU'VE BEEN A DEA AGENT FOR 24 WAS THIS THE FIRST CASE IN WHICH YOU WERE INVOLVED IN

YEARS.

EXECUTING SEARCH WARRANTS AT SUSPECTED STASH HOUSES? A. Q. NO, IT WAS NOT. BALLPARK HOW MANY SUCH SEARCHES HAVE YOU BEEN INVOLVED

WITH? A. Q. PROBABLY OVER 300. SHARE WITH THE JURY WHICH IS THE MORE TYPICAL PROCEDURE.

CSI TYPE TECHNICIANS IN THERE DOING THE HIGH TECH FINGERPRINTING VERSUS WHAT YOU'VE DESCRIBED IN THE SERIES OF SEARCHES DONE IN THIS CASE? A. IN MY EXPERIENCE I'VE NEVER REALLY WITNESSED IN REAL LIFE

ANY OF THE CSI TYPE SEARCHES, BUT I SUPPOSE THERE COULD BE A SITUATION WHERE YOU WOULD DO THAT, BUT WE JUST HAVEN'T DONE ANY ON SITUATIONS THAT I'VE BEEN A PART OF. Q. MR. O'BRIEN FRAMED A NUMBER OF HIS QUESTIONS IN TERMS OF

WHAT YOU DID VIS-A-VIS -- OR DIDN'T DO VIS-A-VIS HIS CLIENT DEFENDANT DANIELS. WAS DEFENDANT DANIELS THE PRIMARY PERSON ABOUT WHOM YOU WERE INTERESTED AND FOR WHOM YOU WERE TRYING TO GATHER

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119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EVIDENCE WHEN YOU WERE EXECUTING THESE SEARCHES AND DOING THESE THINGS YOU'VE SHARED WITH THE JURY? A. NO, HE WAS A TARGET BUT JUST THE WAY THE CASE WORKED OUT

FOR A LOT OF THE TIME THAT I WAS INVESTIGATING FLEMING DANIELS AND OTHERS, I -- A LOT OF PEOPLE AROUND HIM HAD BEEN ARRESTED. HE HAD NOT BEEN ARRESTED, AND I DIDN'T PARTICULARLY WANT HIM TO KNOW THAT HE WAS ON DEA'S RADAR. PROFILE. SO WE WERE KEEPING A LOW

AS FAR AS INTERVIEWING NEIGHBORS AND THINGS LIKE

THAT, WE WERE NOT DOING THINGS LIKE THAT. Q. MR. O'BRIEN ASKED YOU A LITTLE BIT ABOUT DVD OR SOMETHING YOU'VE ALREADY

WITH BLEU DAVINCI AND ASKED IF HE COULD SEE IT. TOLD THE JURY YOU HELPED PUT TOGETHER DISCOVERY.

ARE THE DVD'S WITH BLEU DAVINCI AND ALL THE PICTURES THAT HAVE BEEN SEIZED, THE PICTURES OF THE DEFENDANT'S 30TH BIRTHDAY PARTY AT YOGI'S HOUSE AND OTHER PICTURES, HAVE THOSE BEEN MADE AVAILABLE TO MR. O'BRIEN? A. YES, THEY WERE ALL PART OF DISCOVERY IN THE CASE. THEY'VE

ALL BEEN MADE AVAILABLE. Q. THE LAST THING I WANT TO TALK ABOUT ARE PHONE RECORDS.

EXPLAIN TO THE JURY WHAT YOU -- I UNDERSTAND YOU DID NOT TRY TO GET CALL DETAIL RECORDS FOR THOSE TWO, THE ONLY TWO CELLPHONE NUMBERS YOU GOT FOR SHAMEER JACKSON, WHOEVER THAT MIGHT BE. HAD YOU GOTTEN THEM WHAT'S ON THAT; DOES IT SAY PERSON A CALLED PERSON B OR IS IT JUST PHONE NUMBERS? A. NO, YOU WOULD JUST GET MORE PHONE NUMBERS. IF THEY HAD

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120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CALL DETAIL RECORDS, I WOULD BE ABLE TO -- SOMETIMES THEY DO AND SOMETIMES THEY DON'T, BUT IF THEY DID THEY WOULD SHOW A CALL TO THIS NUMBER MADE AT THIS TIME LASTING THIS DURATION, DATE, TIME, DURATION OF CALL. THEN I WOULD HAVE TO TAKE THAT NUMBER AND DO A SUBSCRIBER REQUEST TO FIND OUT WHO WAS THE CARRIER OF THAT NUMBER. IT MIGHT BE ANOTHER FICTITIOUS NAME OR IT MIGHT BE A

REAL NAME. IN MY EXPERIENCE A LOT OF PEOPLE GET PHONE SERVICE IN EITHER FICTITIOUS NAMES OR FRIEND'S NAMES, FAMILY MEMBERS, COUSINS, WHATEVER. IT'S A PRETTY TEDIOUS INVESTIGATION TO TRY IT CAN BE

TO PUT A CASE TOGETHER JUST WITH PHONE RECORDS. DONE. Q.

IF YOU HAD THE PHONE RECORDS FOR ONE OF THE TWO SHAMEER

JACKSON PHONES SAID THAT PHONE CALLED PHONE NUMBER 1234, YOU GET THE SUBSCRIBER RECORDS FOR THAT AND IT SAYS IT'S JOHN SMITH AS OPPOSED TO DEMETRIUS FLENORY BECAUSE DEMETRIUS FLENORY DOESN'T HAVE A PHONE IN HIS NAME, HOW CAN YOU FIGURE OUT THAT THAT'S A CALL OF SIGNIFICANCE TO YOUR INVESTIGATION? A. I REALLY CAN'T. THE CONTACT ITSELF WOULD BE OF VERY I DON'T HAVE THE CONTENT OF THE CALL IT'S JUST A RECORD OF ONE LINE

LIMITED SIGNIFICANCE.

BECAUSE IT'S NOT A WIRETAP. CALLING ANOTHER.

I COULDN'T REALLY SAY WHO THE PARTY ON EITHER

END OF THE CALL REALLY WAS. Q. DID THE DEA DURING THE COURSE OF THIS INVESTIGATION EVER

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121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CORRECT? A. Q. TERRY FLENORY, CORRECT. HOW MANY PEOPLE HAVE BEEN ARRESTED IN THIS CASE AND ST. BY MR. O'BRIEN: Q. JUST A COUPLE OF POINTS, AGENT HARVEY. I DON'T WANT TO COME ACROSS A CELLPHONE THAT WAS IN THE ACTUAL SUSPECT'S NAME? A. I CANNOT THINK OF ANY OFF THE TOP OF MY HEAD. IT WOULD BE

UNUSUAL.

IT MIGHT HAPPEN 5 PERCENT OF THE TIME, BUT I CANNOT

THINK OF AN EXAMPLE IN THIS CASE WHERE A DEFENDANT HAD A CELLPHONE IN HIS OWN NAME. MR. MCBURNEY: ONE SECOND.

(PAUSE IN THE PROCEEDINGS.) MR. MCBURNEY: THANK YOU, AGENT HARVEY.

RECROSS-EXAMINATION

BEAT THE HORSE TO DEATH. ONE FELLOW YOU SAID HAD TEN TELEPHONES ON HIM,

LOUIS AND DETROIT AND EVERYWHERE ELSE? A. I'LL ADD IT UP IF I CAN? THERE WAS 25 IN DETROIT AND THEN THEN THEY INDICTED 17 16

THEY INDICTED 16 MORE. MORE. THAT'S 58.

THAT'S 41.

20 IN EXQUISITE EMPIRE WOULD MAKE IT 78.

IN THIS CASE WOULD MAKE IT 94. AND THEN 20 IN LOS ANGELES. Q.

8 IN ORLANDO WOULD MAKE IT 102

122.

SO 120 PEOPLE HAVE BEEN ARRESTED, ROUNDED UP AND WHATNOT,

CORRECT? A. AT LEAST.

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122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. SO I GOT TO FIGURE IF ONE GUY CARRIED TEN PHONES WITH HIM,

THERE'S PROBABLY GOING TO BE A WHOLE LOT OF CELLPHONES THAT PEOPLE HAD ON THEM WHEN THEY WERE ARRESTED THAT THE ARRESTING AUTHORITIES GOT? A. Q. YES, A LOT OF CELLPHONES WERE SEIZED, YES. AND YOU MAY NOT HAVE THEM IN SOMEBODY'S NAME BUT CERTAINLY

YOU HAVE THE PHONE NUMBER OF THE CELLPHONE THAT CORRESPONDS WITH THE PHONE YOU SEIZED, CORRECT? A. Q. YES. ARE THERE ANY RECORDS THAT I CAN LOOK AT OR THIS JURY CAN YOU HAD HIS TWO PHONES YOU SAY,

LOOK AT REFLECTING MY CLIENT?

AND YOU HAD HIS PHONE NUMBERS MADE A CALL TO ANY OF THOSE 120 CALLS OR ANY OF THOSE 120 CALLS EVER CALLED HIM? A. REGARDING PHONES AND FLEMING DANIELS ALL I HAVE IS THOSE

TWO SHAMEER JACKSON PHONE NUMBERS, BUT NOTHING BEYOND THAT, NO TAPES AND NO CALL DETAIL RECORDS. Q. A. Q. A. Q. DID YOU TRY TO FIND THEM? DID I TRY? DID ANYBODY TRY? WITH RESPECT TO WHICH PHONES? ANY OF THE PHONES THAT YOU SEIZED IN CONNECTION WITH ANY

OF THESE 120 PEOPLE THAT WOULD SHOW THAT HE CALLED ONE OF THEM OR ONE OF THEM CALLED HIM. YOU SAID THIS STUFF IS ALL

TRANSACTED OVER CELLPHONES AS BUSINESS? A. YES, I MEAN THERE WERE ALL KINDS OF PHONES SEIZED FROM THE

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123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHITE HOUSE, BUT AS FAR AS FOLLOW-UP WITH PHONES, SOMETIMES THEY'RE DEAD BUT -Q. A. THE ANSWER IS NO? I CAN'T THINK OF ANY OFF THE TOP OF MY HEAD WHERE A

CELLPHONE LED TO SIGNIFICANT DEVELOPMENTS. Q. WIRETAPS, ARE YOU BASICALLY SAYING IT'S JUST TOO MUCH

TROUBLE TO DO THEM? A. NO, JUST IN THIS PARTICULAR CASE ATLANTA DID NOT DO A

FEDERAL WIRETAP. Q. A. Q. A. TOO MUCH TROUBLE IT SOUNDS LIKE YOU SAID. TOO MUCH TROUBLE? TOO DIFFICULT, IT TAKES A LONG TIME -NO, I'M SAYING THAT LEGALLY SOMETIMES YOU CAN'T GET A

WIRETAP BECAUSE IT HAS TO BE LEGALLY A LAST RESORT. Q. A. Q. DID YOU TRY? IN THIS CASE, NO, BECAUSE OF THE HIDTA WIRETAP PRIMARILY. YOU BASICALLY SAID FOREST LAKE ROAD IS WHERE MR. DANIELS,

FLEMING DANIELS AND HIS FAMILY LIVED? A. Q. AT ONE TIME, YES. AND YOU SAY ALL THESE OTHER PROPERTIES ARE ALL IN

FICTITIOUS NAMES, YOU COULDN'T REALLY FIND ANY WITH THE DEFENDANTS' NAMES ON THEM ESSENTIALLY; IS THAT CORRECT? A. Q. THAT'S CORRECT. BUT FOREST LAKE DRIVE WHERE MR. DANIELS AND HIS FAMILY

LIVED WAS IN HIS WIFE'S NAME?

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124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. NO. YOU SAID THERE WAS EVEN A MORTGAGE IN HER NAME? THAT WAS INDIAN STREAM TRAIL. OKAY. YES. HIS WIFE'S NAME IS ON THE HOUSE AND ON THE MORTGAGE? YES. AS DISTINGUISHED FROM ALL THE OTHER PEOPLE THAT HAD MY MISTAKE. YOU SAID HE LIVED THERE ALSO?

FICTITIOUS NAMES ON THEIR HOME? A. IT WAS SIMILAR TO THE WHITE HOUSE BEING IN THE NAME OF

TONESHA WELCH, I THINK. Q. ONCE AGAIN WITH REGARD TO FINGERPRINTS, I MEAN CERTAINLY

YOU HAVE THE CAPACITY TO DO FINGERPRINTS, CORRECT; YOU'RE FAMILIAR WITH FINGERPRINTS? A. YES. I'D TO GO BACK TO RODESHA MITCHELL THOUGH. EVEN IF

I HAD HER NAME THAT DOESN'T TELL ME ANYTHING ABOUT FLEMING DANIELS. IT'S NOT LIKE SHE'S GOING TO ADMIT THAT HE'S HER HE'S THE ONE THEY'RE HIDING. THEY'RE

COMMON LAW HUSBAND.

KEEPING HIM BENEATH THE SURFACE. THESE FALSE -Q.

THAT'S THE WHOLE POINT OF

HE'S LIVING THERE OPENLY AND NOTORIOUSLY AND THE PROPERTY

IS IN HIS WIFE'S NAME? A. Q. NO, NOT NOTORIOUSLY, HE'S LOOKING LIKE A GOOD NEIGHBOR. THE FINGERPRINTS, I MEAN YOU'VE BEEN AT YOUR WORK ALMOST CERTAINLY YOU UNDERSTAND

AS LONG AS I'VE BEEN AT MY WORK.

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125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FINGERPRINTS? A. I CAN TALK ABOUT FINGERPRINTS. FINGERPRINTS IN MY WE TAKE THEM -- WE

EXPERIENCE ARE RARELY, RARELY PRODUCTIVE.

TRY TO GET FINGERPRINTS OFF OF DRUG PACKAGING, AND IT'S JUST ABOUT -- WE JUST NEVER GET MATCHES BECAUSE OF THE DIFFICULTY OF GETTING LEGIBLE PRINTS OFF OF WEAPONS OR PLASTIC WRAPPINGS. Q. LET ME ASK YOU IN THAT REGARD WHAT DID THEY WRAP THEM UP

IN SOME SORT OF PLASTIC -A. THEY CAN BE WRAPPED UP IN ALL KINDS OF DIFFERENT

SUBSTANCES, AND IF DO YOU GET FINGERPRINTS THEY'RE GOING TO OFF THE WORKERS, THE LOW LIFE -- LOW LEVEL. Q. A. Q. LOW LIFE? LOW LEVEL PARTICIPANTS IN THE GANG. WAS THAT A FREUDIAN SLIP? THE COURT: BY MR. O'BRIEN: Q. WAS THERE AN EFFORT MADE TO TAKE FINGERPRINTS ON ANY OF WE NEED TO MOVE ON.

THESE DRUG PACKAGES IN THIS CASE? A. I THINK SO, BUT I CAN'T -- IF THERE WERE -- I KNOW SO IF WE GOT

FINGERPRINTS ARE NOT A PART OF THE CASE.

FINGERPRINT RESULTS ON ANYTHING THEY WERE NEGATIVE. Q. AND YOU SAY THAT YOU DISCUSSED WHY IT'S NEVER PRODUCTIVE,

BUT IF YOU HAD A FINGERPRINT OF MY CLIENT ON A DRUG PACKAGE OR AT THE WHITE HOUSE THAT WOULD BE GOVERNMENT'S EXHIBIT NUMBER 1? A. IT WOULD BE AN EXHIBIT, I'M SURE, YES.

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126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DOWN. WHO'S NEXT? MS. SCHANSMAN: YOUR HONOR, THE GOVERNMENT WOULD CALL Q. AND YOU SAY THAT DVD'S ARE -- I FORGOT WHAT DVD'S WE'RE

TALKING ABOUT NOW, BUT THIS IS THE DVD THAT CONTAINS MR. BLEU DAVINCI PERFORMING ON STAGE. A. YOU MADE THAT AVAILABLE TO ME? THE ONES THAT I'VE

WELL, THE DVD'S WERE MADE AVAILABLE.

SEEN WERE MADE AVAILABLE. IN MIAMI.

THERE'S ONE WHERE HE WAS ON A STAGE

HE NEVER SOLD OUT PHILIPS ARENA, BUT HE WAS ON SOME IT WAS AN OUTDOOR THING IN MIAMI, YES.

KIND OF A STAGE. Q. A. Q. A.

BUT YOU GAVE THOSE TO ME? I THINK SO, YES. MAYBE YOU DID? AND THERE'S ONE WHERE HE'S INDOORS, TOO, AT A CLUB IN

MIAMI. MR. O'BRIEN: THE COURT: TO AS THE COMPOUND? THE WITNESS: THE COURT: YES. THANK YOU, AGENT HARVEY.

YOU MENTIONED A PLACE THAT YOU REFERRED

WHICH PLACE WAS THAT? THAT IS A CLUB IN NORTHWEST ATLANTA

THE WITNESS: ON BRADY AVENUE. 2004. THE COURT:

IT'S WHERE THE MEECH BIRTHDAY WAS HELD IN

THANK YOU.

THAT'S ALL.

YOU CAN STEP

APRIL MOODY TO THE STAND NEXT.

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127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. SCHANSMAN: Q. A. WHERE DO YOU WORK? CITY OF ROSWELL POLICE DEPARTMENT. I'M NOW CURRENTLY OATH. APRIL MOODY, HAVING BEEN DULY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS: THE CLERK: IF YOU WILL HAVE A SEAT, PLEASE, AND THE CLERK: PLEASE RAISE YOUR RIGHT HAND TO TAKE THE

STATE YOUR FULL NAME FOR THE RECORD AND SPELL YOUR LAST NAME ALSO. THE WITNESS: APRIL MIDDLE INITIAL K MOODY.

DIRECT EXAMINATION

ASSIGNED TO THE HIDTA DRUG TASK FORCE. Q. A. Q. A. WHAT IS YOUR TITLE THERE? MASTER POLICE OFFICER. WHAT DOES IT TAKE TO BECOME A MASTER POLICE OFFICER? YOU HAVE TO OBTAIN NUMEROUS CLASSES DESIGNATED BY THE

STATE TO GET YOUR INTERMEDIATE AND ADVANCE CERTIFICATE, AND THEN YEARS OF SERVICE WITH THE DEPARTMENT. Q. A. Q. HOW MANY YEARS OF SERVICE DO YOU HAVE? TWENTY-FIVE. AND DURING THAT 25 YEARS HAVE YOU WORKED ANY PARTICULAR

TYPE OF CASES? A. Q. SEVERAL KINDS, YES, MA'AM. HOW ABOUT DRUG INVESTIGATIONS?

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128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. DRUG INVESTIGATIONS FOR 15 OR SO YEARS, YES, MA'AM. HOW LONG HAVE YOU BEEN ASSIGNED TO HIDTA? SINCE JULY 30TH OF 07. BACK IN JUNE OF 2006, WHERE WERE YOU WORKING? CITY OF ROSWELL AS A NARCOTICS SLASH K-9 OFFICER. TELL US JUST BRIEFLY WHAT A K-9 OFFICER IS? IT'S AN OFFICER THAT'S IN CHARGE OF HANDLING A DRUG

DETECTING POLICE DOG BASICALLY. Q. WHEN DO YOU TYPICALLY GET CALLED OUT TO INVESTIGATIONS

WITH THE K-9? A. THINGS WHERE THE OFFICERS SUSPECT THAT THERE'S GOING TO BE

SOME SORT OF ILLEGAL DRUG LOCATED AT THE LOCATION OR VEHICLE OR PERSON. Q. AND TELL US WHAT DOES THE DOG -- DESCRIBE FOR US THE

PROCESS THE DOG GOES THROUGH WHENEVER YOU'RE CALLED TO A SCENE? A. THE DOG BASICALLY IS TRAINED -- MY DOG WAS TRAINED TO FIND

MARIJUANA, COCAINE, HEROIN AND METHAMPHETAMINE, AND IF YOU USE THEM, THEY USE THEIR NOSE TO TELL YOU IF THERE'S AN ODOR FOR ONE OF THOSE THINGS PRESENT. Q. ALL RIGHT. I WANT TO DIRECT YOUR ATTENTION TO JUNE 26TH

OF 2006.

DO YOU RECALL DOING A SEARCH WARRANT FOR AN ADDRESS

AT 840 INDIAN STREAM TRAIL? A. Q. YES, I DO. CAN YOU TELL US ABOUT THAT SEARCH WARRANT?

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129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I WAS CALLED BY A SERGEANT ON MORNING WATCH. THEY ADVISED

THEY HAD BEEN DISPATCHED THERE WITH THE FIRE DEPARTMENT ON A STRUCTURE FIRE AT THAT RESIDENCE. DURING THE INVESTIGATION BY THE FIRE DEPARTMENT THEY REMOVED SMOKE FROM THE BUILDING AND EVERYTHING, THE FIREMAN CAME ACROSS WHAT THEY CALLED A HIDDEN ROOM THAT CONTAINED A BAG OF MONEY. SO THE FIREMEN THEN BROUGHT IN THE POLICE OFFICERS

TO HELP WITH THE INVESTIGATION. Q. NOW YOU SAID THEY CAME ACROSS A HIDDEN ROOM. HOW WAS IT

THEY DISCOVERED THIS HIDDEN ROOM? A. THEY WERE CLEARING THE SMOKE FROM THE BUILDING, AND THE

FIRE WAS ALREADY OUT AT THIS POINT, BUT THEY WERE CHECKING FOR EXTENSION AND SEEING IF THERE WAS ANYTHING ELSE, AND THEY SAW SMOKE COMING FROM WHAT THEY THOUGHT WAS UNDER A WALL, AND SO THEY STARTED CHECKING THE WALL AND THE WALL WAS ALL OF MIRRORS, AND AFTER CHECKING THEY REALIZED THAT THE FAR RIGHT END OF THE WALL IF YOU PUSHED ON THE MIRROR IT SWUNG OPEN. Q. A. IT WAS A DOOR.

AND WHY WERE YOU CALLED OUT TO THE SCENE AGAIN? BECAUSE WHEN THE OFFICERS WENT WITH THE FIREMEN AFTER THEY

HAD LOCATED THE MONEY, THE FIREMEN WANTED TO HAVE A POLICE OFFICER WITH THEM BASICALLY AS A WITNESS I ASSUME. THEY WENT UPSTAIRS TO CHECK FOR EXTENSION AND SMOKE AND FIRE, AND IN THE MASTER BEDROOM THERE WAS A DRESSER DRAWER THAT WAS OPEN ABOUT FOUR INCHES, AND THERE WAS A SMALL BAG OF MARIJUANA AND THE HANDGRIP TRIGGER PORTION OF A HANDGUN VISIBLE

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130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE DRAWER. Q. DID YOU EVER FIND OUT WHO THE OWNER OF THE HOUSE WAS OR

WHO THE RESIDENTS OF THE HOUSE WERE? A. RODESHA MITCHELL SHE WAS LIVING THERE AT THE TIME AND SAID

SHE WAS THE OWNER OF THE HOUSE. Q. WAS THERE ANYONE ELSE LIVING THERE AT THAT TIME THAT

YOU'RE AWARE OF? A. I WAS TOLD BY THE OFFICERS THERE WERE OTHER PEOPLE

THERE -MR. O'BRIEN: OFFICERS MAY HAVE SAID. THE COURT: SUSTAINED. YOUR HONOR, IF I MAY APPROACH AND I'M GOING TO OBJECT TO WHAT SOME OTHER

MS. SCHANSMAN: GIVE HER SOME EXHIBITS? BY MS. SCHANSMAN: Q.

NOW, OFFICER MOODY, I WANT TO DIRECT YOUR ATTENTION TO I BELIEVE THEY'RE PHOTOGRAPHS OF

EXHIBITS 31-H AND 36-A AND B. A RESIDENCE. A. Q. A. Q. A. Q. A. 36 WHAT? 36-A. OKAY. AND 36-B. YES. AND 31-H. I DON'T LOCATE 31-H.

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131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. WE'LL FIND THAT ONE FOR YOU. 36-A AND B, DO YOU RECOGNIZE THAT? YES, THIS IS THE FRONT DRIVEWAY LOOKING AT THE FRONT DOOR

WITH THE GARAGE TO THE RIGHT OF 840 INDIAN STREAM. Q. A. Q. THAT'S ACTUALLY THE HOUSE YOU WENT TO THAT DAY? YES, IT WAS EARLY MORNING. NOW WHEN YOU SAY EARLY MORNING, TELL US WHAT YOU MEAN BY

THAT? A. Q. A. Q. 1:30, TWO O'CLOCK IN THE MORNING. I WANT TO DIRECT YOUR ATTENTION TO 31-B. OKAY. WHEN YOU WERE IN THE -- WHEN YOU GOT TO THE HOUSE WHAT DID LET'S START THERE. HE BASICALLY EXPLAINED WHAT I I THEN WALKED THROUGH

YOU DO? A.

I MET WITH THE SERGEANT.

JUST EXPLAINED WHAT THEY HAD LOCATED. THE HOUSE WITH ONE OF THE OFFICERS.

BASICALLY THEY POINTED OUT WHAT THEY HAD LOCATED, AND THEN I LEFT THE SCENE AFTER BRIEFLY SPEAKING TO THE HOMEOWNER RODESHA TO GO APPLY FOR A SEARCH WARRANT. Q. A. Q. A. Q. A. AND WERE YOU ABLE TO OBTAIN A SEARCH WARRANT? YES, I WAS. DID YOU COME BACK TO THE RESIDENCE THAT DAY? YES, I DID. DID YOU HAVE A SEARCH WARRANT WITH YOU? YES.

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132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EVIDENCE. MR. O'BRIEN: THE COURT: BY MS. SCHANSMAN: Q. A. CAN YOU TELL US WHAT 31-B IS? IT'S A PHOTOGRAPH I TOOK OF A GLASS WALL THAT THE FAR I DON'T OBJECT TO 31-B, YOUR HONOR. Q. A. Q. A. AND WHAT DID YOU DO WITH THAT AT THAT POINT? WE SEARCHED THE RESIDENCE. ALL RIGHT. WALK US THROUGH THAT SEARCH THAT YOU DID?

FIRST THING I DID IS I WALKED THROUGH THE RESIDENCE AND

TOOK PICTURES OF EVERYTHING AS THEY WERE, AND THEN BASICALLY ROOM BY ROOM WENT THROUGH AND SEARCHED, AND ANYTHING THAT WAS CONTRABAND OR INCLUDED IN THE AFFIDAVIT FOR SEARCH WARRANT, WE COLLECTED AND TOOK INTO EVIDENCE. Q. GOING BACK TO EXHIBIT 31-B, CAN YOU TELL US IS THAT

PICTURE FAMILIAR TO YOU? A. Q. A. YES, IT IS. AND ARE YOU THE INDIVIDUAL WHO TOOK THE PICTURE? YES, I AM. MS. SCHANSMAN: YOUR HONOR, WE WOULD OFFER 31-B INTO

IT'S ADMITTED.

RIGHT PANEL OF THE GLASS WALL IS A DOOR THAT LEADS TO A ROOM. Q. A. Q. A. LET'S DO THIS. OKAY. HAVE YOU SEEN THOSE PHOTOGRAPHS BEFORE? YES, I HAVE. TAKE A LOOK AT ALL OF THOSE PHOTOGRAPHS?

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133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LOCATION? THE WITNESS: JUNE THE 26TH. IT WAS AFTER MIDNIGHT, FOR G? MR. O'BRIEN: THE COURT: THE COURT: NO, MA'AM. WITH. MS. SCHANSMAN: THE COURT: THAT'S 31-A. Q. DO THEY FAIRLY AND ACCURATELY REPRESENT WHAT YOU OBSERVED

THAT DAY? A. YES, THEY DO. MS. SCHANSMAN: YOUR HONOR, WE'D OFFER EXHIBITS 31 I

BELIEVE THAT'S B THROUGH M EXCEPT FOR G INTO EVIDENCE. MR. O'BRIEN: THERE'S ONE OF THEM I HAD A PROBLEM

ANY OBJECTIONS TO 31-B THROUGH M EXCEPT

THEY ARE ADMITTED. ON WHAT DATE DID YOU SAY YOU WERE AT THIS

SO IT WOULD BE THE 26TH. THE COURT: OF 07? 06.

THE WITNESS: BY MS. SCHANSMAN: Q.

IF YOU COULD TELL US, OFFICER MOODY, WHAT DOES THIS

DEPICT. A. THIS IS A ROOM IN THE BASEMENT, AND FROM RIGHT HERE ON

YOUR LEFT TO YOUR FAR RIGHT WERE GLASS PANELS, AND THEN THIS PANEL AT THE FAR RIGHT IF YOU TOUCHED IT, IT WOULD SPRING OUT AND WAS HINGED AND BEHIND THAT IS A ROOM. THE LIGHT FIXTURE

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134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HANGING DOWN WAS THE FIRE DEPARTMENT CHECKING FOR EXTENSION OF FIRE. Q. A. SO WAS THAT LIGHT FIXTURE ACTUALLY UP IN THE CEILING? I'M NOT REALLY CLEAR. WHEN I SAW IT THE FIRST TIME THAT'S

THE WAY IT WAS. Q. ALL RIGHT. WHEN YOU WENT INTO THAT ROOM WHAT DID YOU

DISCOVER? A. IN THAT ROOM WAS A BAG CONTAINING U.S. CURRENCY BUNCHED IN THERE WAS TWO EMPTY SHOTGUN BOXES,

DIFFERENT DENOMINATIONS.

AND THEN A METAL LOCKBOX TYPE SAFE THING THAT REQUIRED A PADLOCK BUT IT WAS UNSECURE. Q. ALL RIGHT. I'M GOING TO SHOW YOU -- THIS IS GOVERNMENT'S CAN YOU TELL US WHAT THAT IS?

EXHIBIT NUMBER 31-J. A. Q. A.

THAT'S AN ORANGE BAG CONTAINING THE U.S. CURRENCY. AND JUST TO THE LEFT THERE THE WHITE THING, WHAT IS THAT? THAT'S THE DOOR FRAME. LIKE THIS PANEL RIGHT HERE IS

MIRROR. Q.

SO THAT'S THE DOOR FRAME LEADING INTO THAT ROOM.

THE LAST PHOTOGRAPH 31-B THAT WAS ACTUALLY THE OPEN PANEL

ON THE END? A. Q. A. Q. A. CORRECT. AND AGAIN WHAT IS THIS? IT'S JUST A CLOSEUP VIEW OF THE SAME BAG. WHAT WAS THE CONDITION OF THE CURRENCY IN THE BAG? IT'S FINE. IT JUST HAD SMOKE SOOT ON IT BECAUSE IT WAS THE BAG IS REALLY A

DOWN IN THAT ROOM DURING THE FIRE.

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135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BRIGHTER ORANGE, BUT IT HAS SOOT ON IT AND THEN LIKE RIGHT THERE ON THE MONEY, THAT'S SOOT FROM THE SMOKE. Q. A. AND HOW WAS THE MONEY PACKAGED IN ANY PARTICULAR WAY? THERE WERE DIFFERENT AMOUNTS IN EACH BUNDLE RANGING FROM

LIKE 80 SOME DOLLARS IN ONE BUNDLE UP TO 8200 DOLLARS IN ONE BUNDLE. Q. A. Q. A. WHAT WAS THE TOTAL AMOUNT OF THE BUNDLE? 86,000 DOLLARS. WHAT ABOUT THESE, OFFICER MOODY, WHAT IS THIS? THOSE ARE PHOTOGRAPHS OF THE ENDS OF THE SHOTGUN BOXES

THAT CONTAIN WHAT CALIBER THEY WERE AND LENGTH AND SERIAL NUMBERS AND THINGS LIKE THAT. Q. A. Q. NOW WAS THERE ANYTHING IN THESE SHOTGUN BOXES? NO, MA'AM, THERE WAS NOT. DESCRIBE FOR US HERE WHAT WE HAVE, OFFICER MOODY, IN

EXHIBIT 31-D? A. THIS IS UP IN THE MASTER BEDROOM CLOSET. THE CLOSET HAD A

DOOR AT THE END THAT LED TO LIKE AN ATTIC SPACE, AND ON THE FLOOR HERE IS AMMUNITION, AND THEN THIS SPRING RIGHT HERE IS PART OF A MAGAZINE THAT YOU PLACE THE BULLETS IN BEFORE PLACING IT IN THE GUN, AND THIS IS LIKE THE INTERNAL PORTION OF THE MAGAZINE ALSO RIGHT HERE. Q. A. SO BASICALLY ALL PARTS TO A GUN? PARTS TO THE AMMO HOLDING COMPONENTS OF A GUN AND THE

AMMO.

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136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. OFFICER MOODY, THAT'S EXHIBIT 31-C. CAN YOU TELL US -- ON CAN YOU TELL

THE FRONT OF THAT BAG THERE'S SOME WRITING ON IT. US WHO DID THE WRITING ON THAT? A. THE WRITING IS MY HANDWRITING.

IT GIVES YOU THE ITEM

NUMBERS THAT WOULD BE ON THE EVIDENCE FORM, THE CASE NUMBER FROM MY POLICE DEPARTMENT, THE DATE AND THE TIME THAT THE SEARCH WAS STARTED AND THE EVIDENCE WAS COLLECTED, AND THEN THE LARGER NUMBER AT THE BOTTOM IS THE ACTUAL NUMBER ON THE ACTUAL EVIDENCE FORM. Q. AND IS THAT EVIDENCE THAT YOU COLLECTED ON THAT PARTICULAR

DAY ON JUNE 26TH, 2006? A. Q. A. YES, MA'AM. WHERE WAS THAT EVIDENCE ACTUALLY COLLECTED? FROM WHAT I REMEMBER IT'S THE MASTER BEDROOM. IF I HAD

THE EVIDENCE FORM, IT SAYS RIGHT ON THE EVIDENCE FORM I. MS. SCHANSMAN: INTO EVIDENCE. MR. O'BRIEN: THE COURT: BY MS. SCHANSMAN: Q. A. Q. CAN YOU TELL US WHAT 31-C IS? IT'S A BAG CONTAINING AMMUNITION. LET'S TALK ABOUT GOVERNMENT'S EXHIBIT NUMBER 31-G I NO OBJECTION. YOUR HONOR, WE'D OFFER EXHIBIT 31-C

IT'S ADMITTED.

BELIEVE YOU HAVE THERE, THE SMALL ONE. A. YES, MA'AM.

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137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. WHERE DID YOU OBTAIN THAT FROM? THIS WAS SITTING ON THE COUNTER IN THE MASTER BEDROOM SINK

AREA. Q. A. ALL RIGHT. YES, I DID. MS. SCHANSMAN: YOUR HONOR, WE'D OFFER GOVERNMENT'S AND DID YOU ACTUALLY SEIZE THAT YOURSELF?

EXHIBIT 31-G INTO EVIDENCE. MR. O'BRIEN: THE COURT: BY MS. SCHANSMAN: Q. A. CAN YOU TELL US WHAT IT IS? IT'S AN ILLINOIS DRIVER'S LICENSE IN THE NAME OF MAURICE NO OBJECTION.

IT'S ADMITTED.

HICKS. Q. A. AND YOU SAID YOU FOUND THIS IN THE MASTER BEDROOM? YES, MASTER BEDROOM, AND THERE WAS A SINK AREA AND IT WAS

SITTING ACTUALLY ON THE COUNTER OF THE SINK. Q. OFFICER MOODY, I'M SHOWING YOU WHAT'S BEEN MARKED AS DO YOU RECOGNIZE THAT BOX?

GOVERNMENT'S EXHIBIT 31-E. A. Q. A. YES, I DO.

CAN YOU TELL US ABOUT THAT BOX? IT'S A BOX THAT CONTAINED FIREARMS AND FIREARM PARTS IN TO

BE PLACED INTO EVIDENCE, AND IT CONTAINS THE CASE NUMBER FOR MY POLICE DEPARTMENT, THE EVIDENCE FORM NUMBER THAT PERTAINS TO IT AND THEN THE DATE AND TIME THE EVIDENCE WAS OBTAINED IN MY NAME.

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138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. AND YOU ACTUALLY OBTAINED THAT EVIDENCE? YES, I DID. AND THAT WAS FROM THE 840 INDIAN STREAM TRAIL ADDRESS? YES, IT WAS. WAS THAT ON THE MORNING OF JUNE 26TH, 2006? YES. MS. SCHANSMAN: YOUR HONOR, WE'D OFFER INTO EVIDENCE

GOVERNMENT'S EXHIBIT 31-E. MR. O'BRIEN: THE COURT: NO OBJECTION.

IT'S ADMITTED. THANK YOU, YOUR HONOR.

MS. SCHANSMAN: BY MS. SCHANSMAN: Q. A.

NOW TELL US, OFFICER MOODY, WHAT IS EXHIBIT 31-E? 31-E CONTAINS THE WEAPON THAT WAS ORIGINALLY OBSERVED BY

THE OFFICERS AND WAS USED IN THE SEARCH WARRANT, PARTS OF THE MAGAZINE THAT WAS IN THAT PREVIOUS PICTURE ON THE FLOOR AND THEN TWO OTHER FULL MAGAZINES THAT ARE ACTUALLY TOGETHER AND THEN PART OF ANOTHER MAGAZINE THAT WAS ALSO FOUND IN THE MASTER BEDROOM. Q. OFFICER MOODY, THIS IS EXHIBIT 31-F. YOU ALSO SAID THAT

YOU OBSERVED SOME ITEMS IN A DRESSER. A.

WHERE WAS THE DRESSER? IT WAS A BIG

IT WAS IN THE CLOSET IN THE MASTER BEDROOM.

WALK-IN CLOSET.

IT WAS PROBABLY 15 OR 20 FEET WIDE AND HAD A

DOOR IN THE CENTER, A WINDOW AT THE LEFT END AND THEN THE DOOR THAT I WAS SPEAKING TO THAT WENT INTO WHAT I CALLED LIKE A

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139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FURNACE ROOM ON THE RIGHT. Q. A. Q. A. DID THE CLOSET HAVE ANY CLOTHES IN IT? LOTS OF CLOTHES. WHAT KIND OF CLOTHES? MEN'S AND WOMEN'S CLOTHING, SOME HANGING, SOME IN DRAWERS,

SOME PILED ON THE FLOOR. Q. AND WAS THE DRESSER ALL THE WAY IN THE CLOSET OR WAS

IT -A. WHEN YOU WALKED THROUGH THE DOORWAY, IT WAS PRETTY MUCH THERE WAS A WALL AND IT BASICALLY HAD

RIGHT IN FRONT OF YOU.

THREE OR FOUR DIFFERENT CABINETS DRESSER TYPE. Q. WHAT WAS THE CONDITION OF THE DRESSER WHENEVER YOU WALKED

IN THAT MORNING? A. THE DRAWERS WERE PARTIALLY OPEN -- ACTUALLY ALMOST EVERY

DRESSER IN THAT ROOM HAD EITHER A DRAWER OPEN OR AJAR OR PARTIALLY OPEN. Q. AND WHAT, IF ANYTHING, DID YOU OBSERVE IN THAT DRESSER

DRAWER? A. A SMALL BAG OF MARIJUANA, AND THEN WHAT I TOOK FROM MY

EXPERIENCE AS THE HANDGRIP AND TRIGGER PORTION OF SOME SORT OF HANDGUN. Q. A. AND 31-F DOES THIS DEPICT WHAT YOU SAW ON THE DRESSER? YES, THIS BAG RIGHT HERE IS THE SUSPECTED MARIJUANA, AND RIGHT HERE IS THE

RIGHT HERE IS THE GRIP PORTION OF THE GUN.

TRIGGER GUARD, AND THEN HERE'S LIKE A MAGAZINE RECEIVING PORT

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140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RIGHT HERE. Q. BOX? A. Q. YES, IT'S RIGHT HERE IN THE BOX. DID YOU FIND ANY PAPERWORK THERE AT THE RESIDENCE OF 840 IS THAT THE SAME GUN THAT WE JUST IDENTIFIED THERE IN THE

INDIAN STREAM TRAIL? A. Q. YES. WHAT WAS THE NATURE OF THE PAPERWORK THAT YOU FOUND -DID IT HAVE ANY NAMES ON IT?

LET'S START THIS WAY. A. Q. A. Q. YES, IT DID.

AND DID YOU FIND ANYTHING IN THE NAME OF FLEMING DANIELS? YES, I DID. I WANT TO DIRECT YOUR ATTENTION TO EXHIBIT 31-A. DO YOU

RECOGNIZE THAT DOCUMENT? A. Q. YES, I DO. AND IS THAT SOMETHING YOU SEIZED THAT MORNING THERE AT 840

INDIAN STREAM TRAIL? A. YES, IT IS. MS. SCHANSMAN: YOUR HONOR, WE'D OFFER GOVERNMENT'S

EXHIBIT 31-A INTO EVIDENCE. MR. O'BRIEN: AN OBJECTION. MAY IT PLEASE THE COURT, MA'AM, I HAVE

CAN WE APPROACH AND I CAN TELL YOU WHAT IT IS. YES.

THE COURT:

(AT THE BENCH) MR. O'BRIEN: I OBJECT TO 31-A ON THE GROUNDS THAT IT

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141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IT. IMPERMISSIBLY AND UNNECESSARILY PLACES THE DEFENDANT'S CHARACTER IN EVIDENCE. DOCUMENT. IT LOOKS TO ME LIKE IT'S A COURT

IT LOOKS LIKE HE WAS CONVICTED OF SOME SORT OF CRIME

AND HE'S ON PROBATION. MS. SCHANSMAN: YOUR HONOR, IT CONNECTS HIM TO BOTH,

IF YOU LOOK HERE, THE 3206 SANTE FE PARKWAY ADDRESS WHICH IS AN ADDRESS AGENT HARVEY HAS TESTIFIED TO PREVIOUSLY WAS CONNECTED TO THE DEFENDANT. THIS WAS FOUND AT 840 INDIAN STREAM TRAIL

WHICH FURTHER CONNECTS HIM TO THE ADDRESS. IT SHOWS HIS CONNECTIONS TO THIS CASH THAT'S IN THE HOUSE AND BOTH RESIDENCES, AND AS SUCH IT CONNECTS HIM TO THE EVIDENCE OF THE CRIME. THE COURT: IS THIS THE ONLY SPECIFIC ITEM THAT WAS

FOUND THERE WITH HIS NAME ON IT? MS. SCHANSMAN: WIFE'S NAME. YES, MA'AM. THERE ARE LEASES IN HIS

THERE ARE OTHER THINGS WITH OTHER NAMES ON THEM. WE DON'T DISPUTE THAT HE LIVED THERE. HE AND HIS WIFE LIVED THERE WITH

MR. O'BRIEN:

THAT'S NOT REALLY AN ISSUE.

THE CHILDREN THERE'S NO QUESTION ABOUT THAT. THE COURT: YOUR PRESENTATION? MS. SCHANSMAN: THE COURT: NO, IT WON'T. IF I DEFER RULING ON THIS WILL IT MESS UP

WHAT I'D LIKE TO DO IS DEFER RULING ON

WHAT I'M THINKING IS IS THERE SOME WAY THIS DOCUMENT COULD THE ANSWER IS PROBABLY NO BECAUSE I SEE IT SAYS

BE SANITIZED.

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142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. O'BRIEN: Q. DETECTIVE MOODY, JUST A COUPLE OF QUESTIONS PLEASE, WHAT WAS THE NATURE OF THAT FIRE; DO YOU KNOW ANYTHING WITNESS. CROSS-EXAMINATION STATE COURT OF DEKALB COUNTY AND THEN IT HAS VARIOUS ITEMS ABOUT VIOLATIONS OF PROBATION. SO THE QUESTION WILL TURN OUT I'LL DEFER RULING

TO BE IS IT MORE PROBATIVE THAN PREJUDICIAL. ON 31-A. MS. SCHANSMAN: OKAY. THANK YOU.

WOULD YOU SAY THAT A SUFFICIENT FOUNDATION HAS BEEN LAID AT THIS POINT SO THAT WE DON'T HAVE TO HOLD THIS WITNESS? MR. O'BRIEN: I DON'T HAVE A PROBLEM WITH THAT.

(IN OPEN COURT.) THE COURT: ALL RIGHT. I'LL RESERVE RULING ON

GOVERNMENT'S EXHIBIT 31-A. MS. SCHANSMAN: YOUR HONOR, THAT'S ALL I HAVE OF THIS

MA'AM.

ABOUT THAT, THE CAUSE AND ORIGIN OF THE FIRE? A. THE FIRE DEPARTMENT TOLD ME IT WAS THE POWER SUPPLY FOR A

FLUORESCENT LIGHT IN THE CEILING IN THE BASEMENT. Q. A. Q. BIT? A. IT DID A LOT OF DAMAGE IN THE BASEMENT, BUT THERE WAS SOME ELECTRICAL FIRE? YES, SIR. DID IT DO A LOT OF DAMAGE TO THE HOUSE OR JUST A LITTLE

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143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BIT. BY MR. O'BRIEN: Q. ARE THOSE THE TYPES OF ITEMS ANYBODY COULD BUY AT A SMOKE DAMAGE THROUGHOUT THE WHOLE HOUSE. Q. OKAY. THE GUN -- FIRST OF ALL, THE BULLETS THAT YOU

FOUND.

EVERYTHING YOU FOUND IS THERE, THE GUN AND THE BULLETS;

IS THAT CORRECT? A. Q. A. Q. THE BULLETS AND THE GUN. THAT'S NOT EVERYTHING WE FOUND.

I KNOW BUT AS FAR AS WEAPON OR AMMUNITION? CORRECT. IS THAT THE KIND OF STUFF ANYBODY CAN BUY AT A SPORTING

GOODS STORE OR HARDWARE STORE? THE COURT: COULD YOU PULL THAT MIKE UP JUST A LITTLE

SPORTING GOODS STORE? A. Q. A. YES, SIR. THE GUN, IS THAT FOR SALE ON THE OPEN MARKET? I WOULD ASSUME SO. I DON'T KNOW EXACTLY FOR THIS

PARTICULAR MODEL, BUT, YEAH, MOST GUNS ARE. Q. A. DID YOU TRACE THE GUN BACK TO ANYBODY? I FILED THE PAPERWORK TO HAVE A TRACE DONE, BUT I DON'T

KNOW THAT I EVER RECEIVED IT BACK. Q. A. Q. SO YOU DON'T KNOW WHO BOUGHT THE GUN? I DON'T PERSONALLY, NO. YOU SAY THERE WAS A BOX WITH A COUPLE OF BENALI -- THOSE

ARE SHOTGUNS?

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144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. CORRECT. PRETTY GOOD SHOTGUNS, AREN'T THEY? MY UNDERSTANDING IS THEY'RE PRETTY EXPENSIVE BUT I'VE

NEVER BOUGHT ONE. Q. A. Q. WERE THEY SERIAL NUMBERED ITEMS? YES, THEY ARE. DID YOU CHECK TO SEE WHO, WHEN AND WHERE THEY WERE

PURCHASED? A. I GOT WITH ATF TO DO A TRACE ON THOSE, AND THEY CAME BACK

STOLEN THROUGH ONE STATE BUT I DON'T REMEMBER WHAT THE STATE WAS, AND THEY WERE GOING TO DO A FOLLOW-UP ON THAT, BUT I DIDN'T HAVE THE WEAPONS. Q. OKAY. I JUST HAD THE BOX. DID YOU

THE BAG THAT YOU IDENTIFIED AS MARIJUANA.

TEST IT? A. Q. A. Q. A. Q. A. Q. A. Q. A. I DIDN'T. THE CRIME LAB WOULD HAVE TESTED IT.

DID YOU ASK THEM TO TEST IT? YES. IT WAS SUBMITTED FOR TESTING.

DID YOU FIELD TEST IT AT ALL TO SEE IF IT WAS MARIJUANA? I DIDN'T. OKAY. IT LOOKS LIKE MARIJUANA?

YEAH, FROM MY EXPERIENCE IT WAS MARIJUANA. AN OUNCE OR SO, USER AMOUNT? YEAH, LESS THAN AN OUNCE. MISDEMEANOR AMOUNT? MISDEMEANOR AMOUNT.

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145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. SCHANSMAN: Q. OFFICER MOODY, WHEN YOU SEIZE MONEY LIKE THAT IN BIG Q. OKAY. OTHER THAN THE MARIJUANA DID YOU FIND ANY DRUGS IN

THE HOUSE? A. Q. A. NO. DID YOU TAKE YOUR DOG BACK THERE WITH YOU? DID NOT TALK THE DOG IN DUE TO ALL THE SMOKE IN THE IT WOULD HAVE BEEN DANGEROUS FOR THE DOG AND WOULDN'T

HOUSE.

HAVE WORKED WELL. Q. SO ALL YOU FOUND WITH REGARD TO DRUGS WAS LESS THAN AN

OUNCE OF MARIJUANA? A. THAT AND A LITTLE BIT OF RESIDUE IN THE AUTOMOBILE. MR. O'BRIEN: THE COURT: OKAY. THANK YOU.

SHALL THE WITNESS BE EXCUSED? JUST ONE QUICK QUESTION, YOUR HONOR.

MS. SCHANSMAN:

REDIRECT EXAMINATION

QUANTITIES LIKE THAT, WHAT DO YOU DO WITH THE MONEY? A. FIRST IT'S COUNTED AT MY PLACE DEPARTMENT WITH AT LEAST

ONE WITNESS, SOMETIMES TWO, AND THEN IT'S TAKEN TO THE BANK, COUNTED BY THE BANK AND DEPOSITED INTO AN ACCOUNT THAT MY DEPARTMENT KEEPS THAT'S CALLED THE SEIZURE ACCOUNT. KEEP THE MONEY THERE. Q. A. Q. SO YOU DON'T ACTUALLY KEEP MONEY IN EVIDENCE? NO, THEY DON'T LIKE US KEEPING CASH LYING AROUND. WHY WOULD THAT BE? THEY JUST

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146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. SCHANSMAN: Q. A. Q. A. Q. A. Q. A. MR. MARSHALL, WHERE ARE YOU LIVING TODAY? AS FAR AS I'M IN WILLIAMSBURG, SOUTH CAROLINA. WHY ARE YOU WEARING AN ORANGE JUMPSUIT? BECAUSE I'VE BEEN FOUND GUILTY. SO YOU'RE IN JAIL? THIS IS CORRECT. WHAT ARE THE CHARGES THAT PUT YOU IN JAIL? WELL THE CHARGES WAS FOR CONSPIRACY FOR FIVE OR MORE KILOS OATH. WILLIAM MARSHALL, HAVING BEEN DULY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS: THE CLERK: IF YOU WILL HAVE A SEAT, PLEASE, AND A. IT JUST CAN LEAD TO TROUBLE, YOU KNOW, IF YOU LOSE THAT

BAG IT WOULDN'T BE A GOOD THING. MS. SCHANSMAN: THE COURT: THAT'S ALL I HAVE, YOUR HONOR. THANK YOU.

YOU'RE EXCUSED.

CALL YOUR NEXT WITNESS. MS. SCHANSMAN: THE GOVERNMENT WOULD CALL WILLIAM

MARSHALL, BILL MARSHALL TO THE STAND. THE CLERK: PLEASE RAISE YOUR RIGHT HAND TO TAKE THE

STATE YOUR FULL NAME FOR THE RECORD AND SPELL YOUR LAST NAME ALSO. THE WITNESS: WILLIAM MARSHALL.

DIRECT EXAMINATION

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147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. AND MONEY LAUNDERING. Q. A. Q. A. Q. A. FIVE OR MORE KILOS OF WHAT? OF COCAINE. AND YOU SAID A SECOND CHARGE, WHAT'S THE SECOND CHARGE? THAT WAS MONEY LAUNDERING AND BANK AND WIRE FRAUD. AND THE BANK AND WIRE FRAUD WHAT WAS THAT RELATED TO? WELL, THE BANK AND WIRE FRAUD WAS RELATED TO OBTAINING

HIGH-LINE CARS AND ALSO HOMES AND VARIOUS ITEMS LIKE SUCH. Q. A. Q. WAS THAT FOR A BUSINESS YOU CALLED EXQUISITE EMPIRE? THIS IS CORRECT. MR. MARSHALL, I'VE JUST HANDED YOU A STACK OF EXHIBITS LET'S START WITH THE FIRST ONE. I BELIEVE IT IS EITHER

THERE.

EXHIBIT 27 OR 28? A. Q. CORRECT. NOW YOU SAID YOU PLED GUILTY TO THESE CHARGES. IN EXHIBIT

NUMBER 28 CAN YOU TELL US WHAT THAT IS? A. Q. IT'S THE PLEA AGREEMENT. LET ME GRAB THOSE BACK FROM YOU AND SHOW THOSE TO MR.

O'BRIEN. NOW, SIR, EXHIBIT 28 TELL US AGAIN WHAT THAT IS? PLEA AGREEMENT. IN WHAT PARTICULAR CASE WAS THAT FOR; DO YOU RECALL? YES, THIS IS MY CASE OUT OF ORLANDO, FLORIDA. DID YOU ACTUALLY PLEAD GUILTY TO THAT? CORRECT.

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148 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. AND THAT WAS THE CONSPIRACY FOR DRUG DISTRIBUTION? CORRECT. WHAT WAS YOUR SENTENCE? I WAS SENTENCED TO A HUNDRED MONTHS. AND AS PART OF THAT SENTENCE WERE YOU GIVEN ANY

CONSIDERATION THAT YOU'RE AWARE OF? A. YES, THIS IS CORRECT. THE COURT: COULD YOU REPHRASE YOUR QUESTION? CERTAINLY.

MS. SCHANSMAN: BY MS. SCHANSMAN: Q. A. Q. DID YOU COOPERATE? CORRECT, I DID.

AND TELL US WHAT THE NATURE OF THAT COOPERATION HAS BEEN

TO THIS POINT? A. WELL JUST BASICALLY GIVING THE OVERALL STRUCTURE OF WHAT I

WAS INVOLVED IN AS FAR AS WITH THE CRIMINAL EMPIRE REGARDING BMF AND ALSO WHAT MY ROLE AND INVOLVEMENT WAS IN ACTUALLY HOW THE WHOLE STRUCTURE OPERATED. Q. A. Q. A. SO YOU TESTIFIED? CORRECT. WHERE HAVE YOU TESTIFIED? IN ORLANDO, FLORIDA, ALSO IN TENNESSEE, IN DETROIT AND

ALSO IN SOUTH CAROLINA. Q. AND IN CONSIDERATION FOR THAT, YOU ACTUALLY GOT A

REDUCTION IN YOUR SENTENCE?

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149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. CORRECT. AND THAT'S HOW YOU GOT DOWN TO THE HUNDRED MONTHS? CORRECT. DO YOU RECALL WHAT YOUR ORIGINAL -- WHAT YOU WERE LOOKING

AT, THE TIME ORIGINALLY? A. Q. A. Q. I BELIEVE 20 YEARS. NOW, DID YOU ALSO PLEAD GUILTY TO THE GEORGIA INDICTMENT? THIS IS CORRECT. AND I'LL SHOW YOU GOVERNMENT'S EXHIBIT NUMBER 27. DO YOU

RECOGNIZE THAT EXHIBIT? A. Q. A. Q. A. Q. YES, THIS IS CORRECT, MY RULE 20 TRANSFER. AND IS IT ALSO YOUR PLEA AGREEMENT? YES. ARE YOU FAMILIAR WITH THAT AGREEMENT? YES, I AM. DOES IT HAVE YOUR SIGNATURE THERE I BELIEVE TOWARDS THE

BACK? A. Q. THIS ONE IS NOT SIGNED. OKAY. DOES THAT APPEAR TO BE THE SAME ONE THAT YOU SIGNED

WHENEVER YOU ENTERED YOUR PLEA? A. Q. ONE. A. Q. YES, ESSENTIALLY IT IS. AND GOVERNMENT'S EXHIBIT NUMBER 28 LET'S GO BACK TO THAT THAT'S THE ORLANDO PLEA AGREEMENT? CORRECT. AND IS THAT ONE SIGNED?

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150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. IT'S INITIALED AND SIGNED. IS THAT YOUR SIGNATURE? UH-HUH (AFFIRMATIVE). IS THAT THE AGREEMENT YOU ENTERED INTO? CORRECT. MS. SCHANSMAN: YOUR HONOR, WE'D OFFER GOVERNMENT'S

EXHIBITS 27 AND 28 INTO EVIDENCE. MR. O'BRIEN: THE COURT: BY MS. SCHANSMAN: Q. LET'S SEE GOVERNMENT'S EXHIBIT NUMBER 27. THIS IS THE ONE NO OBJECTION.

THEY'RE ADMITTED.

THAT YOU ENTERED INTO FOR THE GEORGIA OFFENSE; IS THAT CORRECT? A. Q. THAT'S CORRECT. ALL RIGHT. AND IN PARAGRAPH 10 HERE IT TALKS ABOUT YOUR

COOPERATION; IS THAT CORRECT? A. Q. A. THAT'S CORRECT. WHAT IS THE ONE CONDITION OF YOUR COOPERATION? FIRST OF ALL IF IT'S NOT A TRUTHFUL TESTIMONY THEN NO

MATTER WHAT POINT WHETHER IT WAS A YEAR FROM NOW OR A YEAR PAST THEN THERE IS GOING TO BE -- THERE'S NO REWARD. Q. WHAT WAS YOUR -- OBVIOUSLY YOU'VE GOTTEN A REWARD AT THIS WHAT IS YOUR EXPECTATION ABOUT YOUR FURTHER

POINT YOU THINK. COOPERATION? A.

THAT IS, YOU KNOW, ONCE AGAIN IT'S ALL BASED ON WHAT THE

JUDGE'S DECISION IS GOING TO BE, BUT IT HAS TO BE HONEST

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151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TESTIMONY. Q. AND THIS PARTICULAR AGREEMENT SAYS THAT YOU WILL AGREE TO

COOPERATE TRUTHFULLY AND COMPLETELY WITH THE GOVERNMENT AT ANY TIME, YES? A. Q. THIS IS CORRECT. AND IT'S UP TO THE GOVERNMENT TO DETERMINE WHAT FORM OF

COOPERATION THEY WILL REQUEST FROM YOU? A. Q. THIS IS CORRECT. SO EVERY TIME THE GOVERNMENT HAS REQUESTED YOUR

COOPERATION HAVE YOU DONE SO? A. Q. THIS IS CORRECT. MR. MARSHALL, YOUR NAME IS WILLIAM MARSHALL BUT HAVE YOU

EVER USED ANY OTHER NAMES? A. Q. YEAH, ALSO USED DOC OR BI. OKAY. WHAT ABOUT ANY FAKE NAMES OR FALSE NAMES THAT

YOU'VE USED? A. YEAH, THERE'S ANTHONY JORDAN, JAMAL ANDERSON OR JAMAL --

THERE WAS ANOTHER NAME THAT I GOT A TENNESSEE DRIVER'S LICENSE UNDER. Q. I WANT YOU TO LOOK AT EXHIBITS 20-A AND 20-B. DO YOU

RECOGNIZE THAT? A. Q. A. Q. YES. DID YOU ACTUALLY OBTAIN THAT? THIS IS CORRECT. IS THAT YOUR PICTURE ON THERE?

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152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. THIS IS CORRECT. MS. SCHANSMAN: YOUR HONOR, WE'D OFFER GOVERNMENT'S

EXHIBIT 20-A INTO EVIDENCE. THE CLERK: BY MS. SCHANSMAN: Q. THAT'S ACTUALLY ALREADY IN EVIDENCE. CAN YOU TELL US FOR THAT'S ALREADY IN EVIDENCE.

THE JURY WHAT THAT IS? A. IT'S THE DRIVER'S LICENSE THAT I OBTAINED THROUGH THE

STATE OF TENNESSEE. Q. ME. A. Q. OUT? A. YES, THIS IS MY SIGNATURE, AND ALSO THE APPLICATION WOULD YOU LOOK AT GOVERNMENT'S EXHIBIT NUMBER 20-B FOR DO YOU RECOGNIZE THAT? CORRECT. CAN YOU TELL US ARE YOU THE INDIVIDUAL WHO FILLED THAT

INFORMATION I FILLED OUT. Q. A. Q. A. NOW WHAT NAME DID YOU USE TO FILL THAT OUT? JAMAL WASHINGTON. WHY DID YOU USE THE NAME JAMAL WASHINGTON? IT WAS JUST A NAME THAT I MADE UP AT THE TIME OF TWO

DIFFERENT PEOPLE THAT I KNEW. Q. A. Q. A. SO YOU JUST PICKED IT OUT RANDOMLY? CORRECT. HOW WAS IT THAT YOU WERE ABLE TO OBTAIN THIS LICENSE? WELL, WE ACTUALLY HAD A PERSON WORKING INSIDE THE DIVISION

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153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OF MOTOR VEHICLES IN A SUPERVISORY POSITION THAT WE PAID UNDER THE TABLE TO GET THEM. Q. A. Q. A. AND THIS IS IN TENNESSEE? CORRECT, NASHVILLE. WHY WOULD YOU GET A LICENSE WITH A FAKE NAME ON IT? WELL, BECAUSE THE ACTIVITY THAT WE WERE CONDUCTING AT THAT

TIME, YOU KNOW, YOU NEEDED TO BE ABLE TO HAVE A SEPARATE IDENTITY IN CASE YOU GOT CAUGHT DOING SOMETHING. Q. A. WHY WOULD YOU NEED THIS SEPARATE IDENTITY? LIKE, FOR EXAMPLE, IF YOU'RE DRIVING DRUGS UP AND DOWN THE

HIGHWAY AND YOU GET PULLED OVER, YOU WANT TO BE ABLE TO SEPARATE THAT FROM YOUR REAL PERSON IN THE EVENT THAT YOU'RE ABLE TO POSSIBLY COULD GET AWAY, OR IF YOU'RE TRYING TO OBTAIN OR PURCHASE DIFFERENT THINGS THAT YOU DON'T WANT TO HAVE WITH YOUR OFFICIAL GOVERNMENT INFORMATION. YOU WANT TO SEPARATE THE

TWO BECAUSE YOU CAN ALWAYS DISCARD IT AT ANY TIME AND GO BACK AND GET ANOTHER ONE. Q. SO YOU PROTECT YOUR REAL IDENTITY, AND THEN YOU HAVE THIS

FAKE IDENTITY TO DO WHATEVER ILLEGAL -A. Q. YES. NOW GOVERNMENT'S EXHIBIT NUMBER 20-B, TAKE A LOOK BACK AT THAT'S THE ONE THAT YOU SIGNED?

THAT. A. Q.

CORRECT. AND HOW WAS THAT -- WAS THAT THE APPLICATION YOU FILLED

OUT FOR THE LICENSE?

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154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EVIDENCE. MR. O'BRIEN: THE COURT: BY MS. SCHANSMAN: Q. A. Q. A. Q. SO THIS IS YOUR SIGNATURE RIGHT HERE? THIS IS CORRECT. BUT YOU DIDN'T SIGN YOUR REAL NAME? THIS IS CORRECT. AND YOU OBTAINED THIS ON MARCH OF 04? I CAN'T READ THE NO OBJECTION. A. THIS IS CORRECT. MS. SCHANSMAN: YOUR HONOR, WE WOULD OFFER 20-B INTO

IT'S ADMITTED.

ACTUAL DATE THERE. A. Q. A. Q. A. I THINK IT'S THE 11TH OF 04 OR THE 9TH. NOW THIS ADDRESS HERE, IS THAT YOUR ADDRESS? NO. WHERE DID YOU GET THAT ADDRESS? WELL ON OUR WAY TO THE TENNESSEE DMV, WE WERE RIDING DOWN

THE STREET SO WE TOOK IT OFF ONE OF THE HOUSES. Q. SO YOU'D LITERALLY DRIVE DOWN THE STREET AND LOOK UP AN

ADDRESS? A. YEAH, BECAUSE NO MAIL OR ANYTHING WAS GOING TO GO THERE.

IT WAS JUST FOR COMPUTER PURPOSES. Q. ALL RIGHT. WHAT ABOUT THE SOCIAL SECURITY NUMBER; IS THAT

YOUR SOCIAL SECURITY NUMBER? A. NO.

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155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. WHERE DID YOU GET THAT? THE SOCIAL SECURITY NUMBER WAS ALSO FICTITIOUS AS WELL. HOW DID YOU COME UP WITH THAT NUMBER? JUST BASED OFF OF A FORMAL SOCIAL SECURITY NUMBER. THE

FIRST THREE BEING THE STATE AND THE SECOND TWO BEING THE GENERATION OF BIRTH AND THE LAST THREE BEING THE GENDER. Q. SO IS THAT HOW THEY COME UP WITH A SOCIAL SECURITY NUMBER

REGULARLY, OR IS THAT JUST YOUR METHOD FOR DOING IT? A. Q. A. Q. A. Q. YEAH, THAT'S THE METHOD WE USED. WHAT ABOUT THE BIRTH DATE; IS THAT YOUR DATE OF BIRTH? NO. WHERE DID YOU GET THAT? THAT ALSO WAS INVENTED AS WELL. NOW ARE YOU INVENTING THIS STUFF, OR IS THERE SOMEBODY

THAT'S COMING UP WITH THIS INFORMATION? A. Q. WELL, NO, IT BASICALLY STARTED FROM ME. SO YOU'RE DOING ALL THIS FOR WHAT REASON; WHAT'S THE MAIN

REASON BEHIND GETTING A STATE DRIVER'S LICENSE? A. IT'S SO ACTUALLY YOU CAN TURN AROUND AND DO -- YOU CAN DO

SOME LEGITIMATE THINGS IN AN ILLEGITIMATE ORGANIZATION. Q. A. WHAT WAS YOUR BUSINESS? WELL JUST OBTAINING HOUSES, CARS, THE IDENTIFICATIONS AS

YOU SEE, AND ANY OTHER FINANCIAL THINGS THAT WENT ALONG WITH THAT ALONG WITH THE DISTRIBUTION OF DRUGS. Q. AND THAT WAS YOUR BUSINESS IN EXQUISITE EMPIRE?

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156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. EXQUISITE EMPIRE WAS JUST CARS BY THEMSELVES AND ALSO

PURCHASING HIGH-LINE HOMES, YOU KNOW, FOR INDIVIDUALS WHO ACTUALLY DIDN'T HAVE THE MEANS TO GO AHEAD AND PURCHASE THOSE THINGS, YOU KNOW, THROUGH LEGAL MEANS. Q. A. WHAT WERE THE TYPE OF CARS THAT YOU WERE GETTING? BMW 745'S, MERCEDES BENZ, PORSCHE CAYENNE, TRUCKS. ON THE

AVERAGE BETWEEN 50,000 AND 110,000 DOLLARS. Q. A. Q. A. THAT WAS THE VALUE OF THE CARS? CORRECT. HOW WAS IT THAT YOU WERE ABLE TO OBTAIN THESE CARS? WELL, WHAT WE DID AT THE TIME WAS WE USED INDIVIDUALS WHO THEY HAD THE CREDIT

HAD CREDIT WHO COULD ACTUALLY PURCHASE IT.

SCORES AND THEY HAD THE AMOUNT OF TRADE LINE THAT THE BANK WOULD APPROVE. THEN WE WOULD TAKE THE MONEY FROM THE BUYERS WHO WERE ACTUALLY GOING TO BE DRIVING THESE VEHICLES AND WE WOULD PUT TOGETHER FALSE EMPLOYMENT FOR THEM THAT WOULD SUBSTANTIATE HOW MUCH THEY HAD BEEN MAKING PER YEAR. WOULD GET THE LOANS. Q. A. Q. A. YOU WOULD GET THE LOANS FOR VEHICLES? CORRECT. WHO WAS MAKING THE PAYMENTS ON THOSE LOANS? WELL, IT WOULD BE THE INDIVIDUAL WHO ACTUALLY WAS DRIVING SO THOSE FORMS TOGETHER WE

THE VEHICLE. Q. AS OPPOSED TO THE INDIVIDUAL WHOSE NAME THE CAR WAS IN?

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157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. YES. NOW, DID YOU STAY IN JUST THE CAR BUSINESS AND HOUSE

BUSINESS? A. Q. A. Q. A. Q. NO. DID YOU GET INTO ANOTHER BUSINESS? CORRECT. WHAT KIND? DISTRIBUTION OF COCAINE. WHEN YOU SAY DISTRIBUTION OF COCAINE, WHAT KIND OF

QUANTITIES ARE WE TALKING ABOUT? A. Q. A. Q. WE'RE TAKING 20 TO 30 KILOS A MONTH. AND YOU SAY COCAINE, WHAT FORM WAS THE COCAINE IN? KILOS. DESCRIBE FOR US WHAT YOU MEAN BY A KILO; WHAT WAS THE

SHAPE? A. IT'S KIND OF -- IT WOULD BE I GUESS KIND OF HALF THE SIZE

OF THIS RIGHT HERE AND ABOUT DOUBLE THE WIDTH. Q. A. THAT WOULD BE A TISSUE BOX? YEAH, MAYBE ABOUT HALF THIS SIZE HERE AND PROBABLY ABOUT

THAT WIDE. Q. A. Q. SO IT'S A LITTLE MORE SQUARE THAN A TISSUE BOX? YES. AND THAT WOULD BE CONSISTENT WITH THE SIZE OF A KILO OF

COCAINE? A. RIGHT.

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158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. SO THESE ARE LIKE SOLID BRICKS? CORRECT. HOW MUCH DOES A KILO COST; HOW MUCH DOES IT GO FOR ON THE

MARKET? A. Q. ROUGHLY ABOUT 20,000 DOLLARS. AT WHAT POINT DID YOU SORT OF CONVERT OVER FROM DEALING IN

CARS AND HOUSES TO DEALING IN KILOGRAMS OF COCAINE; DO YOU REMEMBER WHAT YEAR THAT WAS? A. Q. A. THAT WAS PROBABLY 2000 -- LATE 2002. HOW DID YOU GET INTO THE COCAINE BUSINESS? WELL AT THE TIME THE CAR BUSINESS HAD -- WHAT I WAS DOING

HAD ACTUALLY COLLAPSED SO THERE WAS A LOT OF DEBT INVOLVED WITH REPAYING THE INDIVIDUALS WHO HAD PUT THE MONEY UP FOR THOSE CARS. SO WHAT THE GENTLEMAN I WAS WORKING FOR AT THE TIME SUGGESTED IN ORDER TO PAY THESE THINGS BACK THAT I TAKE UP A NEW LINE OF BUSINESS. Q. A. Q. A. WHO WAS THAT PERSON? TERRY FLENORY. AND HOW DID YOU GET TO KNOW MR. FLENORY? I GOT A CHANCE TO GET INTRODUCED TO HIM BY ANOTHER

INDIVIDUAL NAMED JERRY DAVIS WHO WHEN I FIRST MET MR. FLENORY I WAS GETTING CARS FOR. Q. DID YOU CALL HIM BY THE NAME MR. FLENORY, OR DID YOU CALL

HIM SOMETHING ELSE?

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159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. I CALLED HIM TEE IS WHAT WE CALLED HIM. NOW YOU FIRST GOT INVOLVED WITH TEE WHEN YOU WERE BUYING

CARS FOR HIM; IS THAT RIGHT? A. Q. A. CORRECT. WHAT KIND OF CARS WERE YOU BUYING FOR HIM? BMW AND MERCEDES, A LOT OF SEVEN SERIES MERCEDES -- I MEAN

SEVEN SERIES BMW'S. Q. WAS? A. Q. A. Q. YES, CORRECT, I DID. AND WHAT WAS THE ORGANIZATION THAT HE WORKED WITH? IT'S CALLED THE BMF, BLACK MAFIA FAMILY. AND WHAT WAS HIS POSITION THERE WITH THE BLACK MAFIA DO YOU KNOW ANYTHING ABOUT WHAT MR. FLENORY'S BUSINESS

FAMILY? A. Q. A. Q. HE WAS ONE OF THE FOUNDERS. DO YOU KNOW WHO THE OTHER FOUNDER WAS? DEMETRIUS FLENORY. AND DID YOU CALL HIM DEMETRIUS FLENORY, OR DID YOU CALL

HIM SOMETHING ELSE? A. Q. A. I CALLED HIM MEECH. DID YOU DO BUSINESS WITH MEECH ALSO? YEAH, BUT NOT DIRECTLY THROUGH HIM THROUGH, YOU KNOW,

THROUGH HIS ASSISTANT. Q. A. AND WHO WAS MEECH'S ASSISTANT? HIS NAME WAS J-BO.

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160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. DO YOU KNOW WHAT HIS REAL NAME WAS? CHAD BROWN. NOW YOU START OFF WITH TEE OR TERRY FLENORY? CORRECT. HOW DID YOU GET INTRODUCED TO MEECH FLENORY OR DEMETRIUS

FLENORY? A. Q. A. THROUGH TERRY. TELL US ABOUT HOW YOU MET HIM? WELL, ACTUALLY ONE OF THE LOCATIONS IS CALLED THE WHITE

HOUSE WHICH AT THAT TIME WAS PROBABLY ACROSS THE STREET FROM WHERE I HAVE STAYING ON CRYSTAL COVE. EVANS MILL IN LITHONIA. Q. I'M GOING TO SHOW YOU WHAT'S BEEN MARKED AS GOVERNMENT'S DO YOU RECOGNIZE THAT? THIS IS RIGHT OFF OF

EXHIBIT 1. A.

YES, THIS WOULD BE THE LOCATION I JUST TALKED ABOUT, THE

WHITE HOUSE. Q. A. Q. A. Q. A. Q. A. AND THIS IS WHAT YOU REFER TO AS THE WHITE HOUSE? CORRECT. DO YOU KNOW WHY IT WAS CALLED THE WHITE HOUSE? WELL BECAUSE THE OUTSIDE WAS BASICALLY ALL WHITE. AND THIS IS WHERE YOU FIRST MET TERRY FLENORY? CORRECT. WHAT WAS THE REASON FOR YOU GOING OVER THERE? WELL AT THE TIME I WAS DOING A LOT OF CARS FOR ONE OF HIS

FRIENDS, AND HE SAID THAT NEEDED -- HE HAD TOLD THE GENTLEMAN

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161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JERRY DAVIS I WAS DOING THE CARS FOR THAT HE NEEDED A GUY THAT COULD SUPPLY THESE VEHICLES AS WELL. SO IT WAS FOR THE PURPOSE

OF ACTUALLY GETTING STARTED OBTAINING CARS FOR TERRY. Q. AND HOW LONG DID YOU WORK IN THAT AND THAT IS GETTING CARS

FOR TERRY FLENORY? A. Q. FROM 2002, YOU KNOW, KIND OF UP TO EARLY 2005. NOW YOU SAID YOU ACTUALLY STARTED IN THE DRUG BUSINESS IN WERE YOU DOING BOTH AT THE SAME TIME?

2002. A.

WELL, I SHOULD SAY EXCUSE ME 2001 PROBABLY BECAUSE IT WAS

ABOUT 10 TO 12 MONTHS BEFORE I ACTUALLY STARTED HANDLING THE DRUGS, SO 2001 TO 2005. Q. ALL RIGHT. AT WHAT POINT DID YOU LEARN THAT TERRY

FLENORY -- HOW TERRY FLENORY MADE HIS MONEY? A. WELL, HE WAS DIFFERENT THAN FROM MOST OF THE PEOPLE I WAS WE KIND OF KEPT WHATEVER THEIR

HELPING TO DO VEHICLES.

BUSINESS WAS SEPARATE, BUT, YOU KNOW, TERRY WAS KIND OF UP FRONT. HE JUST BASICALLY SAID THAT HE MET A WHOLE LOT OF CAR GUYS BEFORE AND, YOU KNOW, MOST OF THEM CLAIM TO SAY THEY CAN DO ONE THING AND THEN THEY DELIVER FOR A WHILE AND DON'T DELIVER, AND HE JUST SAID, YOU KNOW, HIS THINGS IS DRUGS, HE'S IN THE DRUG BUSINESS, HE AIN'T GOING TO SUGARCOAT IT AND IF I'M CHOOSING TO BE IN HIS BUSINESS THEN WE'RE GOING TO HAVE EVERYTHING OUT ON THE TABLE AND BE OPEN AND HONEST ABOUT IT SO HE DIDN'T COVER ANYTHING UP.

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162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. SO AT WHAT POINT DID YOU BECOME -- OR DID YOU BECOME PART

OF THE BMF ORGANIZATION? A. WELL THROUGHOUT A SERIES OF JUST PROBABLY MAYBE ABOUT TEN

OR ELEVEN MONTHS DOWN THE LINE AND MORE SO WHEN THE CLOSURE OF MY CAR BUSINESS STOPPED. BECAUSE AT THAT PARTICULAR POINT

TERRY WAS LIKE WELL YOU DON'T DO ANY CARS FOR ANYBODY ELSE, ONCE YOU START HANDLING AND DEALING IN THIS COCAINE BUSINESS, YOU KNOW, THERE'S NO MORE DOING A CAR FOR AN OUTSIDE PERSON OR ANYTHING ELSE LIKE THAT. SO THAT WOULD PROBABLY HAVE TO BE,

YOU KNOW, 2002 AGAIN THROUGH PROBABLY MAY. Q. ALL RIGHT. SO IN ESSENCE YOU STARTED OUT WITH THE CAR

BUSINESS WITH MR. TERRY FLENORY AND -- YOU MENTIONED SEVERAL TIMES NOW THAT YOUR CAR BUSINESS STOPPED. YOUR CAR BUSINESS? A. WELL, THERE WAS A COUPLE OF THINGS. ONE OF THE THINGS WAS WHAT HAPPENED TO

THAT THERE WERE -- ONE OF THE CARS I HAD DELIVERED THERE WAS 12 KILOS OF COCAINE FOUND IN ONE OF THE CARS, THE PORSCHE CAYENNE VEHICLE, AND ANOTHER SITUATION WAS WAS THAT THERE WAS IDENTITY THEFT BEING DONE AND SOMEBODY HAD USED EXQUISITE EMPIRE TO VERIFY THE JOBS. SO WHEN THE CARS STARTED GETTING TAKEN OFF THE ROAD, THEY THOUGHT THEY WERE IDENTITY THEFT VEHICLES, AND THROUGH FURTHER INVESTIGATION THEY FOUND OUT THAT THE CARS DID BELONG TO INDIVIDUALS BUT THAT'S WHEN THE BANK AND WIRE FRAUD CAME IN BECAUSE THE TRUE ACT OF THE FRAUD WAS THAT THE JOBS WERE MADE

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163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UP. THE JOBS DIDN'T EXIST WHERE WE HAD THE EMPLOYMENT FOR THE SO AT THAT PARTICULAR POINT

ACTUAL PURCHASERS OF THE VEHICLE.

PROBABLY ABOUT 200 CARS HAD TO COME OFF THE ROAD WITH AN AVERAGE VALUE OF ABOUT 50,000. Q. A. Q. AND WAS ONE OF THOSE CARS TERRY FLENORY'S CAR? SEVERAL. I TAKE IT HE WASN'T VERY HAPPY ABOUT HIS CARS COMING OFF

THE ROAD? A. Q. A. Q. NO, MA'AM. IS THAT HOW YOU GOT INTO THE DRUG DEALING? CORRECT. WHEN YOU FIRST GOT INTO THE DRUG DEALING BUSINESS DESCRIBE

FOR US HOW THAT PROCESS WORKED? A. WELL, MOST OF MY CLIENTS WERE ALREADY DRUG DEALERS WHO SO IT WAS JUST A MATTER OF GETTING

WERE DRIVING THE VEHICLES.

THE SUPPLY FROM TERRY AND ACTUALLY GETTING IT OVER TO MY CUSTOMERS WHO NEEDED THE DEMAND. YOU KNOW, TO FIND CLIENTELE. Q. SO YOUR CUSTOMERS WERE ACTUALLY DRUG DEALERS THEMSELVES; SO I DIDN'T HAVE TO LOOK FAR,

YOU WEREN'T SELLING ON THE STREETS AS THEY SAY? A. Q. CORRECT. AND HOW WAS IT THAT YOU ALREADY HAD THESE CUSTOMERS WHO

WERE DRUG DEALERS? A. WELL BECAUSE THOSE WERE THE ONES THAT COULD AFFORD, YOU

KNOW, OR WHO WANTED TO ACTUALLY PURCHASE THESE VEHICLES OUT

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164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RIGHT BUT BECAUSE OF THE CURRENCY TRANSACTION REPORTS AND DIFFERENT FORMS THAT, YOU KNOW, YOU CAN'T WALK INTO A PLACE WITH OVER 10,000 DOLLARS IN CASH AND ACTUALLY PURCHASE THESE VEHICLES. SO THEY NEEDED TO HAVE A WAY TO BE ABLE TO LIVE THE WAY THEY WANTED TO LIVE AND DO IT WITHIN A PARAMETER THAT WOULDN'T HAVE A LIGHT SHINED ON TOP OF THEM. Q. SO WOULD IT BE FAIR TO SAY IT WAS A FAIRLY EASY

TRANSITION, YOU ALREADY HAD THE CUSTOMERS IN PLACE FROM THE CAR BUSINESS TO GO TO THE DRUG BUSINESS? A. YEAH, I HAD KNOWN FOR A WHILE, I KNEW WHERE THEY LIVED AT.

I KNEW WHERE EVERYTHING WAS IN PLACE. Q. HOW IS IT THAT YOU WERE ABLE TO GET THE SUPPLY FROM TERRY

FLENORY? A. WELL BECAUSE HAVING DONE BUSINESS FOR HIM FOR SUCH A

PERIOD OF TIME, YOU KNOW, IT WAS A SITUATION WHERE HE KNEW THAT IF I TOLD HIM SOMETHING IT WAS HONORABLE. IT WASN'T, YOU KNOW, HE

IT WASN'T ANYTHING THAT HE GAVE ME MONEY AND I RAN OFF. UNDERSTOOD THAT.

EVEN THE COLLAPSE OF THE CAR BUSINESS WASN'T

DIRECTLY ATTRIBUTED TO ME. SO AT THE SAME TOKEN IT WAS A CHANCE FOR HIM TO GET HIS MONEY. HE COULD RECAP HIS MONEY BACK, AND AT THE SAME TIME

ALLOW ME TO JUST ISOLATE JUST DOING, YOU KNOW, THE CARS AND HOUSES FOR HIM AND AT THE SAME TIME EARN A LIVING AS WELL. Q. SO YOU DIDN'T ACTUALLY STOP THE BUSINESS ALTOGETHER, YOU

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165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. AS ANY. THE COURT: LADIES AND GENTLEMEN. (RECESS) THE COURT: MR. O'BRIEN, ONE OF THE JURORS INDICATED REMEMBER TO ALL RIGHT. LET'S TAKE A 15-MINUTE BREAK, JUST KEPT THAT CONFINED TO THE BMF ORGANIZATION? A. YEAH, FOR DIFFERENT MEMBERS WHO NEEDED, YOU KNOW,

DIFFERENT APARTMENTS, HOUSES, CARS FOR THEIR OWN PERSONAL USE. THE COURT: ALONG IN HERE. MS. SCHANSMAN: ACTUALLY PROBABLY NOW IS JUST AS GOOD WE NEED TO STOP FOR A BREAK SOMEWHERE

TO MS. HANNA SHE WAS HAVING TROUBLE HEARING YOU. SPEAK RIGHT INTO THE MIKE. ALL RIGHT. WE'RE READY.

(JURY PRESENT) THE COURT: YOU MAY PROCEED. THANK YOU, YOUR HONOR.

MS. SCHANSMAN: BY MS. SCHANSMAN: Q.

MR. MARSHALL, I'M GOING TO SHOW YOU WHAT'S BEEN MARKED WE LOOKED AT IT A FEW MINUTES AGO.

GOVERNMENT'S EXHIBIT 27.

IF YOU WOULD LOOK AT PAGES 9 AND 10 IN THAT EXHIBIT. DO THOSE PAGES ACTUALLY HAVE YOUR SIGNATURE ON THEM? NINE AND TEN DOES. AND THAT'S THE SAME PLEA AGREEMENT YOU LOOKED AT BEFORE

FOR THE NORTHERN DISTRICT OF GEORGIA?

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166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. FEBRUARY OF 07. AND THAT'S THE ONE YOU ACTUALLY SIGNED? CORRECT. OKAY. NOW WHEN WE LEFT WE WERE TALKING ABOUT SOMEONE YOU IF YOU'D LOOK AT GOVERNMENT'S EXHIBIT

KNOW AS TERRY FLENORY.

NUMBER 22-A DO YOU RECOGNIZE THAT INDIVIDUAL? A. THIS IS TERRY. MS. SCHANSMAN: YOUR HONOR, WE'D OFFER GOVERNMENT'S

EXHIBIT 22-A INTO EVIDENCE. MR. O'BRIEN: THE COURT: BY MS. SCHANSMAN: Q. A. Q. IS THIS THE INDIVIDUAL THAT YOU KNOW AS TERRY FLENORY? YES, IT IS. NOW I'M ALSO SHOWING YOU GOVERNMENT'S EXHIBIT NUMBER ARE YOU FAMILIAR WITH THAT? NO OBJECTION.

22-A IS ADMITTED.

15-A. A. Q.

YES. YOU TESTIFIED YOU KNOW AN INDIVIDUAL BY THE NAME OF

DEMETRIUS FLENORY, RIGHT? A. Q. A. THIS IS CORRECT. WOULD YOU RECOGNIZE HIM IF YOU SAW HIM? YES. MS. SCHANSMAN: YOUR HONOR, WE WOULD OFFER

GOVERNMENT'S EXHIBIT 15-A IN EVIDENCE. THE CLERK: IT'S ALREADY IN.

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167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. SCHANSMAN: Q. A. Q. WHO IS THIS INDIVIDUAL? THAT'S DEMETRIUS FLENORY. NOW THIS LICENSE SAYS RICARDO SANTOS BUT YOU KNOW THAT

INDIVIDUAL TO BE DEMETRIUS FLENORY? A. Q. A. CORRECT. HOW DID YOU GET INVOLVED WITH DEMETRIUS FLENORY? WELL JUST ACTUALLY HAVING A SUCCESSFUL RUN OF ACQUIRING,

YOU KNOW, PROPERTY AND CARS FOR TERRY, HE SUGGESTED MY SERVICES OVER TO HIS BROTHER. Q. ALL RIGHT. AND SO WERE YOU DEALING DRUGS WITH DEMETRIUS

FLENORY OR DID YOU START WITH CARS WITH DEMETRIUS FLENORY? A. Q. A. Q. STARTED WITH CARS AND PROPERTY. SO AT THIS POINT TERRY AND DEMETRIUS WERE STILL FRIENDS? CORRECT. NOW AT SOME POINT OR AT WHAT POINT DID YOU START DEALING

DRUGS WITH DEMETRIUS FLENORY? A. Q. AFTER THE BROTHERS FELL OUT. SO THERE WAS A PARTING OF THE WAYS BETWEEN THE TWO

BROTHERS? A. Q. THIS IS CORRECT. NOW AT THAT POINT YOU WENT TO THE MEECH SIDE, IF YOU WILL,

OF THE ORGANIZATION? A. Q. CORRECT. NOW WAS IT STILL BMF?

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168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. YES, THE WHOLE ORGANIZATION WAS STILL BMF. DESCRIBE FOR US THE PROCESS WHEN YOU WOULD BUY DRUGS FROM

DEMETRIUS FLENORY'S ORGANIZATION; TELL US A TYPICAL DAY IN THE LIFE OF A DRUG DEALER? A. WELL, IT WOULD START OFF WITH A PHONE CALL AND ACTUALLY

SAYING THAT THE VEHICLE IS HERE, AND THEN FROM THERE WE WOULD -- I WOULD ACTUALLY GO OVER TO A CERTAIN LOCATION THAT WE SPOKE ABOUT. IN THIS CASE LET'S SAY IT'S ONE OF THE HOUSES THAT WE WOULD CALL THE GATE, AND HE WOULD ACTUALLY HAVE EVERYTHING PRETTY MUCH WHATEVER YOUR ORDER WAS IF YOU ORDERED 15 OR 20, WHATEVER THE CASE MAY HAVE BEEN. YOU WOULD LET HIM KNOW THAT YOU HAVE THE MONEY FOR IT, AND THEY WOULD ALREADY HAVE IT PACKED IN A DUFFLE BAG OR YOU WOULD COUNT THEM OUT AS THEY'RE PUTTING THEM IN THE DUFFLE BAG, AND THEN FROM THERE YOU'D GET IN YOUR VEHICLE AND GO, YOU KNOW, KIND OF LIKE GOING THROUGH A DRIVE-THROUGH. Q. A. Q. A. Q. A. SO HOW LONG WOULD THIS PROCESS TAKE YOU? 35 MINUTES. AND WAS IT THE SAME EVERY TIME? IT WAS ACCORDING TO WHAT MONEY YOU HAD ON HAND. NOW, WHAT DO YOU MEAN BY THAT? IT WOULD BE ACCORDING TO LIKE FOR EXAMPLE IF YOU HAVE IF YOU HAD 300,000,

400,000, THEN YOU COULD GET 20 OF THEM.

YOU KNOW, THEN AT THAT PARTICULAR POINT --

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169 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. OKAY. HOLD ON. YOU SAID IF YOU HAVE 400,000 YOU CAN GET

20 OF THEM. A. Q. A. Q.

400,000 WHAT?

400,000 DOLLARS. AND YOU'D GET 20 OF WHAT? 20 KILOS OF COCAINE. I'M SORRY, YOU SAID IF YOU GET 400 YOU GET 20. WHAT IF

YOU SHOWED UP WITH LESS MONEY? A. WELL, IT'S LIKE GOING SHOPPING ANYWHERE ELSE, YOU'RE GOING

TO GET LESS PRODUCT. Q. A. SO WOULD YOU PLACE AN ORDER AHEAD OF TIME? YEAH, YOU WOULD HAVE THAT CONVERSATION AHEAD OF TIME.

LIKE ACTUALLY WHEN YOU MEET HIM YOU SAY LOOK, I NEED 15 OF THEM. HE'D SAY OKAY. SAY TODAY IS THE 12TH, THE VAN WILL BE HERE ON THE 20TH, SO I'LL CALL YOU, AND WHEN I CALL YOU, JUST COME OVER BECAUSE IT'S ALREADY PREARRANGED AND PREDISCUSSED OF WHAT YOU'RE GOING TO GET FROM HIM. Q. A. Q. NOW THIS WHAT YOU'RE DESCRIBING HAPPENS AT THE GATE? UH-HUH (AFFIRMATIVE). THIS IS GOVERNMENT'S EXHIBIT 6-A. DO YOU RECOGNIZE THIS

HOUSE? A. Q. A. Q. THAT'S AN AERIAL VIEW SHOT OF IT. OF WHAT? OF THE HOUSE CALLED THE GATE. AND YOU'VE BEEN TO THIS HOUSE BEFORE?

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170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. SEVERAL TIMES. HOW BIG IS THIS HOUSE, DO YOU KNOW? PROBABLY ABOUT 3200 SQUARE FEET. IT'S NOT A SMALL HOUSE? NO. ALL RIGHT. NOW YOU SAID WHENEVER HE WOULD CALL YOU, YOU'D WHO ARE YOU TALKING

PLACE YOUR ORDER WITH THIS INDIVIDUAL. ABOUT? A. Q. THIS WOULD BE J-BO, CHAD BROWN.

NOW WHAT WAS J-BO'S RELATIONSHIP TO MEECH BECAUSE THIS IS

MEECH'S SIDE OF THE ORGANIZATION, RIGHT? A. Q. A. Q. A. Q. RIGHT. SO WHAT'S J-BO'S RELATIONSHIP TO MEECH? HE'S THE UNDERBOSS OR THE VP, VICE-PRESIDENT, YOU KNOW. SORT OF HIS RIGHT-HAND MAN? HIS ASSISTANT. NOW, WHEN YOU GET THERE HOW MANY PEOPLE ARE THERE? LIKE,

FOR INSTANCE, WHEN YOU'RE GOING TO PICK UP A DELIVERY OF COCAINE AT THE GATE, HOW MANY PEOPLE ARE THERE? A. Q. A. ON THE AVERAGE OF PROBABLY ABOUT EIGHT TO NINE PEOPLE. AND WHAT ARE THESE EIGHT TO NINE PEOPLE DOING? IT WAS VARIOUS JOBS, YOU KNOW, YOU PROBABLY MAY HAVE --

YOU PROBABLY MAY HAVE TWO OR THREE PEOPLE COUNTING MONEY, AND THEN YOU PROBABLY WOULD HAVE J-BO THERE, AND YOU WOULD HAVE ANOTHER TWO PEOPLE OR SO HELPING FILL THE DUFFLE BAGS UP AND

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171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ACTUALLY GET YOUR ORDER TO YOU, AND THEN THE OTHER INDIVIDUALS WOULD BE THOSE WHO EITHER LIVED AT THE HOUSE OR WHO WERE JUST ACTUALLY JUST HANGING OUT AT THE HOUSE. Q. WHO WERE SOME OF THE PEOPLE THAT YOU SAW ON -- HOW MANY

TIMES DID YOU GO OVER TO THE GATE TO MAKE PURCHASES? A. Q. A. Q. PROBABLY ABOUT SEVEN TO TEN TIMES. NOW IS THE GATE HERE IN ATLANTA? YES, IT IS. WHEN YOU WENT OVER TO THE GATE THIS SEVEN OR TEN TIMES WHO

WERE SOME OF THE PEOPLE THAT YOU WOULD SEE THERE? LET'S START THIS WAY. TYPICALLY COUNTED THE MONEY? A. YOU WOULD HAVE A GENTLEMAN BY THE NAME OF LITTLE ROB. YOU WHO WERE THE PEOPLE THAT

WOULD HAVE BLEU DAVINCI. AND TITO. Q.

YOU WOULD HAVE THROW BACK, D-SHOCK,

AND WHO WERE THE PEOPLE AS YOU SAID PLACING THE ORDERS AND

FILLING THE BAGS? A. THAT WOULD NORMALLY BE TITO OR D-SHOCK, NORMALLY THOSE

TWO, AND ALSO ON OCCASION I HAD ACTUALLY RECEIVED THE ORDERS PASSED TO ME FROM BLEU. Q. THAT WAS ON ONE OCCASION.

YOU SAID THERE WERE TYPICALLY OTHER PEOPLE WHO EITHER

LIVED AT THE HOUSE OR HANGING OUT AT THE HOUSE? A. Q. A. RIGHT. WHO WOULD THOSE PEOPLE BE? FOR EXAMPLE, ONE OF THE INDIVIDUALS WOULD BE MR. FLEMINGS

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172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RIGHT THERE. Q. A. Q. A. Q. A. Q. A. YOU SAID MR. FLEMINGS RIGHT THERE, WHO DO YOU MEAN? HUH? YOU SAID MR. FLEMINGS RIGHT THERE, WHO DO YOU MEAN? FLEMINGS DANIEL. CAN YOU DESCRIBE HIM FOR ME? YES, HE HAS A TIE ON SITTING NEXT TO HIS ATTORNEY. WHAT DOES HIS HAIR LOOK LIKE? BALD BLACK GUY. MS. SCHANSMAN: YOUR HONOR, LET THE RECORD REFLECT

HE'S IDENTIFIED THE DEFENDANT. MR. O'BRIEN: THE COURT: BY MS. SCHANSMAN: Q. NOW, WHEN YOU SAW MR. FLEMING DANIELS THERE, WHAT -- DO NO OBJECTION.

IT SHALL.

YOU KNOW HIM BY ANOTHER NAME? A. Q. A. Q. ILL. IS THAT WHAT YOU CALLED HIM? UH-HUH (AFFIRMATIVE). WHEN YOU SAW MR. DANIELS THERE WHAT WAS HE DOING

TYPICALLY? A. WELL, THERE WAS -- MOST OF THE OCCASIONS HE WAS JUST THERE

ON, YOU KNOW, TALKING TO THE OTHER BOSSES AND INSTRUCTING PEOPLE ON DIFFERENT THINGS TO DO AND PLAYING POOL, AND WE USED TO GAMBLE A LOT, YOU KNOW, GAMBLING ON DICE, GAMBLING ON

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173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SHOOTING POOL, AND ALSO THERE WAS AN OCCASION THERE THAT HE ALSO WAS PICKING UP DRUGS AS WELL. Q. NOW, YOU SAID THAT HE'S THERE AND HE'S TALKING TO THE IS THAT IN THE AREA WHERE YOU'RE

OTHER BOSSES AND EVERYTHING.

PICKING UP THESE DRUGS AND DROPPING OFF THE MONEY? A. YEAH, IT WAS LIKE IT'S ALL ON ONE FLOOR, ALL ON ONE LEVEL

OF THE LIVING ROOM AND THE BEDROOM IS ALL JUST LIKE ONE FLOOR, ONE LARGE COMMON AREA. Q. A. FROM ONE AREA TO THE NEXT CAN YOU SEE WHAT'S GOING ON? WELL, IF YOU'RE AT THE POOL TABLE, YOU COULD ACTUALLY SEE

WHERE YOU'RE RECEIVING THE BAG AT UNLESS IT WAS A DIFFERENT -LIKE UNLESS IT WAS A DIFFERENT DAY WHEN THEY WERE ACTUALLY DOING IT DOWNSTAIRS, BUT IN MOST CASES IF YOU'RE IN ONE AREA, YES, YOU CAN SEE WHERE THE DRUGS IS BEING PACKED. NOW IF IT COMES DOWN TO WHERE THE MONEY IS BEING COUNTED AT, THAT'S GOING TO BE IN THE BACK ROOM. BEDROOM. THAT'S J-BO'S

YOU CAN'T SEE FROM THE GAMBLING AREA TO WHERE THE

BEDROOM IS. Q. YOU SAID THAT ON ONE OCCASION YOU ACTUALLY SAW MR. FLEMING TELL US ABOUT THAT INCIDENT?

DANIELS PICKING UP DRUGS. A.

I WAS THERE PICKING UP ABOUT 20 OF THEM TO GO TO TENNESSEE THE EXACT

WITH IT, AND HE WAS ALSO THERE PICKING UP AS WELL.

AMOUNT I DON'T KNOW, BUT IT WAS PROBABLY JUST -- FROM THE SIZE OF THE BAG IT WAS A LITTLE BIT MORE THAN MINE'S. Q. WHY IS IT THAT THIS PARTICULAR INCIDENT STICKS IN YOUR

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174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MIND? A. BECAUSE, YOU KNOW, IT WASN'T A REGULAR TIME THAT I WOULD

SEE HIM OVER THERE DOING THAT. Q. NOW THE GATE, DOES ANYBODY ACTUALLY LIVE AT THAT

RESIDENCE? A. YEAH, YOU KNOW, CHAD BROWN WAS LIVING THERE. D-SHOCK WAS

LIVING THERE.

I BELIEVE -- IT HAD ROUGHLY ABOUT THREE OR I BELIEVE BLEU

FOUR -- ABOUT FOUR BEDROOMS TO THE HOUSE.

STAYED THERE, WAS LIVING THERE ON AND OFF BUT THERE WAS ALWAYS SOMEBODY HOME. Q. NOW LET'S GO BACK TO THE PROCESS OF THEM BRINGING THE HOW WOULD THE DRUGS -- WERE YOU EVER THERE WHEN THE

DRUGS IN.

DRUGS ACTUALLY ARRIVED AT THE HOUSE? A. ON ONE OCCASION OR MAYBE MORE THAN ONE OCCASION, ABOUT TWO

OCCASIONS. Q. A. HOW DID THEY GET TO THE HOUSE? NORMALLY THERE WAS A WHITE LIMOUSINE AND THERE WAS ALSO A THOSE ARE THE TWO

LINCOLN TOWN CAR AND THERE WAS ALSO A VAN. ONES THAT STAND OUT IN MY MIND. Q. A. Q. A.

ARE THESE CARS THAT YOU HAD OBTAINED FOR THE BMF? NO. DID YOU EVER SEE WHERE THE DRUGS WERE IN THESE VEHICLES? YEAH, THERE WAS TRAP COMPARTMENTS HIDDEN BEHIND THE LIKE IF, OKAY, IF YOU'RE GOING TO ENTER A LIMOUSINE AND

SEATS.

YOU'RE OPENING THE BACK DOOR, THEY WOULD BE ON THE LONG WALL

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175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HERE. IF YOU'VE EVER BEEN INSIDE A LIMOUSINE ACROSS FROM THAT WOULD BE THE LITTLE BAR AREA THAT THEY HAVE, BUT THEY HAVE A LONG SEAT THAT GOES ALL THE WAY TO THE BACK. THAT SEAT. Q. IT WOULD BEHIND

THAT SEAT WOULD AUTOMATICALLY FOLD DOWN.

SO YOU ACTUALLY SAW THEM TAKE DRUGS OUT OF THIS

COMPARTMENT BEFORE? A. Q. A. YES. ONCE THE CARS ARRIVED, WHAT WAS THE PROCESS? WELL, AT THAT PARTICULAR POINT THEY WOULD TAKE -- I SPOKE

EARLIER TO YOU ABOUT THERE'S A ROOM THAT'S DOWNSTAIRS, AND THEY WAS TAKEN OUT, COUNTED AND SEPARATED INTO, YOU KNOW, ORDERS THAT YOU WOULD HAVE IF YOU HAVE ORDERED SOMETHING FROM SAM'S CLUB OR ANYWHERE ELSE THEY WOULD BREAK DOWN. IF YOU HAVE 120 OF THEM, THEY WOULD BREAK THEM DOWN TO WHO'S GETTING WHAT, WHO'S GETTING WHAT. SO WHEN EVERYONE IS

ACTUALLY COMING THROUGH, YOU KNOW, THIS IS SOMETIMES COULD BE DURING THE DAY SO THAT EVERYONE GETS THEIR ORDERS AND IT ALL BE DONE IN LESS THAN AN HOUR. Q. ALL RIGHT. WHAT WAS THE VOLUME, WHAT WAS THE QUANTITY OF

DRUGS THAT THEY WERE BRINGING IN LIKE THE LIMOS AND TOWN CAR FROM YOUR EXPERIENCE? A. Q. A. THEY WOULD NORMALLY HOLD ABOUT A HUNDRED TO 150. 150 WHAT? KILOGRAMS -- I MEAN KEYS.

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176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. HOW FREQUENTLY WOULD THESE LOADS COME IN FROM YOUR

EXPERIENCE? A. Q. PROBABLY ONCE EVERY TEN DAYS. NOW WHEN YOU WERE THERE PICKING UP YOUR DRUGS, YOU SAID WAS MEECH EVER THERE WHEN YOU PICKED UP YOUR

J-BO WAS THERE. DRUGS? A.

NOT AT THAT LOCATION BUT AT A DIFFERENT LOCATION THAT WAS

AT A HOUSE THAT WAS ON GLENRIDGE THAT WE CALLED THE ELEVATOR HOUSE. Q. I SHOW YOU WHAT'S BEEN MARKED AS GOVERNMENT'S EXHIBIT 7-A DO YOU RECOGNIZE THOSE? THAT'S THE HOUSE.

AND 7-B. A. Q. A. Q. A.

YEAH, THAT'S THE LOCATION.

NOW THIS IS WHAT YOU REFERRED TO AS THE ELEVATOR? CORRECT. WHY IS IT REFERRED TO AS THE ELEVATOR? THAT WAS A NAME THAT I ACTUALLY GAVE IT BECAUSE THERE WAS

A GLASS ELEVATOR BEING INSTALLED INSIDE THE UNIT. Q. AND THAT'S WHERE YOU SAW MEECH WHENEVER YOU WENT TO PICK

UP DRUGS? A. Q. RIGHT. WHEN YOU'RE AROUND J-BO AND MEECH WHENEVER YOU WERE GOING

TO PICK UP YOUR DRUGS, WERE THEY ACTUALLY HANDING OUT THE DRUGS? A. Q. AT THAT LOCATION THERE, I RECEIVED IT DIRECTLY FROM J-BO. THE ELEVATOR?

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177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. YES. WAS THAT UNUSUAL FOR J-BO TO HAND YOU THE DRUGS? NO, BECAUSE THAT WAS THEIR PERSONAL HOUSE, SO THAT WAS

THEIR USUAL THING. Q. A. Q. WHAT ABOUT MEECH, DID MEECH EVER ACTUALLY HAND YOU DRUGS? NO. DID YOU EVER SEE MEECH TOUCHING THE DRUGS, LITERALLY

TOUCHING THE DRUGS? A. Q. NO. NOW YOU SAID YOU KNEW THE DEFENDANT MR. DANIELS. HOW DID

YOU FIRST MEET MR. DANIELS? A. I FIRST MET HIM AT THE WHITE HOUSE. HE WAS WITH MEECH AT

THE TIME. THE COURT: CAN YOU GIVE US AN APPROXIMATE DATE? APPROXIMATELY THAT WOULD HAVE TO HAVE

THE WITNESS:

BEEN -- THAT WOULD HAVE TO HAVE BEEN 2002. BY MS. SCHANSMAN: Q. A. Q. A. Q. A. Q. A. DID YOU HAVE ANY BUSINESS WITH MR. DANIELS? NOT AT THAT TIME I DIDN'T, NO. DID YOU LATER ON? YES, ACTUALLY AROUND JUNE, MAY, JUNE OF 2003. WHAT WAS THAT BUSINESS? I HAD OBTAINED FOR HIM A VEHICLE, A CAR. WHAT KIND OF CAR? IT WAS A CONVERTIBLE FERRARI MODENA.

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178 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. WHAT'S THE VALUE OF THAT CAR, APPROXIMATELY? ABOUT 150,000. 150,000 DOLLARS? UH-HUH (AFFIRMATIVE). AND HOW DID HE PURCHASE THIS VEHICLE? WELL, IT WAS DONE UNDER THE SAME FINANCE PLAN I DO MOST OF HIS INVOLVEMENT TO IT WAS THAT HE HAD TO PUT DOWN 40,000

THEM. CASH. Q. A. Q. A. Q. A.

SO HE BROUGHT YOU 40,000 CASH ALL AT ONCE? NO, WE INITIALLY TOOK 25,000 DOWN FROM HIM. THAT WAS IN CASH? THAT WAS IN CASH. WHAT ABOUT THE REMAINING 15,000? IT WAS UPON DELIVERY. SO ONCE I DELIVERED, WHEN I

DELIVERED THE VEHICLE TO HIM AT ROSWELL ROAD -- I'M SORRY, AT MY LENOX AVENUE ADDRESS, WE DID IT INSIDE THE PARKING GARAGE. HE BROUGHT THE REMAINING OF THE 15,000 AND TOOK THE VEHICLE. Q. A. WHERE DID YOU GET THE FIRST 25,000 FROM HIM? I RECEIVED IT AT THE HOTEL. THERE'S A HOTEL CALLED THE

SWISS HOTEL. Q.

IT'S DIAGONALLY ACROSS FROM PHIPPS PLAZA.

JUST THERE IN THE PARKING LOT HE HANDED YOU 25,000

DOLLARS? A. ACTUALLY IT'S IN THE PARKING DECK OUTSIDE WHERE YOU -SO IT WOULD BE, YOU KNOW, IN

THERE'S A VALET PARKING AREA. THAT AREA THERE.

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179 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. DID HE JUST HAND YOU THE PHYSICAL CASH OR WAS IT IN

SOMETHING? A. YEAH, IT WAS INSIDE A BAG. IT WASN'T PHYSICALLY OUT OF

HIS HANDS. Q. A. Q. A. AND WHAT WERE THE MONTHLY PAYMENTS ON THE CAR, THIS CAR? 2300. AND WHO MADE THOSE PAYMENTS? THE VEHICLE DIDN'T GO A LONG TERM, BUT THE FIRST TWO

MONTHS HE PAID IT, MR. DANIELS PAID IT. Q. A. WHY DIDN'T IT GO LONG TERM? WELL, THAT VEHICLE IS DESIGNED WITH AN E-GEAR. SO IT'S

KIND OF NOT LIKE A STICK SHIFT, YOU KNOW, IT'S A LITTLE MORE SOPHISTICATED OF DRIVING, AND THE TRANSMISSION GOT BURNED OUT, AND HE FELT AS THOUGH THAT THE TRANSMISSION WAS ALREADY BAD TO BEGIN WITH, BUT THE OWNER OF THE VEHICLE SAID THERE WAS NOTHING WRONG WITH THE TRANSMISSION. SO THAT VEHICLE WOUND UP GETTING TOWED AWAY BECAUSE HE CALLED AND SAID THAT THE VEHICLE WON'T DO ANYTHING. SO WE

HAD TO SEND A TOW TRUCK TO GO AHEAD AND GET THE VEHICLE, AND IT WENT TO A SHOP THAT WAS IN VEGAS TO DO THE REPAIRS ON THE VEHICLE, AND I HAD TO CREDIT HIM FOR HAVING A CERTAIN AMOUNT OF MONEY IN THE VEHICLE AND I WOUND UP GIVING HIM A DIFFERENT VEHICLE LATER WHICH WAS A BMW X5. Q. OKAY. NOW YOU SAID EARLIER THAT YOU SAW MR. DANIELS

PICKING UP DRUGS AT THE -- I BELIEVE IT WAS THE GATE, DID YOU

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180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SAY? A. Q. CORRECT, THE GATE. NOW, WHAT WAS YOUR UNDERSTANDING OF MR. DANIELS'

RELATIONSHIP AT THAT POINT OR HIS OCCUPATION AT THAT POINT? A. Q. A. THE BMF ORGANIZATION WAS HIS OCCUPATION. DID HE HAVE ANY OTHER ROLE WITHIN BMF? WELL, I WOULD SAY HE WAS DEFINITELY RIGHT BELOW, RIGHT

BELOW J-BO, SO THIRD IN COMMAND. Q. A. Q. WHAT MAKES YOU THINK THAT? WELL BECAUSE HE DIDN'T TAKE ORDERS, HE GAVE ORDERS. NOW YOU WERE ACTUALLY ARRESTED IN OCTOBER OF 06; IS THAT

RIGHT? A. Q. A. Q. THE 28TH. AND WHERE WERE YOU ARRESTED? I WAS ARRESTED IN MARIETTA, IN GEORGIA. AND JUST PRIOR TO THAT HAD YOU HAD AN ALTERCATION OR

INCIDENT IN THE AIRPORT? A. Q. A. YES, I DID. TELL US ABOUT WHAT HAPPENED AT THE AIRPORT? WELL, I WAS COMING BACK FROM HAVING A MEETING WITH THE

UNDERBOSS OR ASSISTANT TO TERRY FLENORY IN MIAMI. Q. A. AND WHO IS THIS? THIS IS ERIC BIVENS, AND BECAUSE SEE NORMALLY WHAT WE DO

AT THE END OF THE MONTH IS WE CAN'T GIVE THE PHYSICAL REPORTS OUT OVER THE PHONE, YOU CAN'T SIT BACK AND SAY OKAY, I PAID

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181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. 200,000 DOLLARS IN THIS AND WE PAID 40,000 IN RENTS. WE HAVE -Q. LET ME ASK YOU ABOUT THAT. YOU SAID YOU CAN'T DO THAT SO WHAT

OVER THE PHONE. A.

WHY CAN'T YOU DO IT OVER THE PHONE?

FIRST OF ALL, THAT WAS A MANDATE SET DOWN BY TERRY THAT

YOU DON'T TALK ABOUT ANY MONEY OVER THE PHONE BECAUSE WHAT WE'RE DOING IS ILLEGAL, YOU KNOW, IT'S NOT LIKE WE HAVE RECEIPTS TO BE ABLE TO VOUCH FOR WHAT WE'RE DOING. Q. YOU SAID WHAT WE'RE DOING. WHAT DO YOU MEAN BY WHAT

YOU'RE DOING? A. ACTUALLY SELLING DRUGS OF QUANTITIES, CARS AND ACTUALLY

GETTING THESE HOME UNITS AS WELL. Q. SO TERRY FLENORY BASICALLY SAID WE'RE NOT GOING TO TALK

ABOUT ILLEGAL STUFF, THE DRUGS AND CARS OVER THE PHONE? A. Q. OR WE'LL GO TO JAIL. NOW, I'M SORRY, I INTERRUPTED YOU. YOU SAID YOU HAD BEEN

STOPPED AT THE AIRPORT AND YOU HAD BEEN DOWN TO SEE MR. BIVENS. WHAT HAPPENED AFTER THAT? WELL, AFTER THAT PARTICULAR POINT, I HAD TO PREPARE A

REPORT AND SO THEY KNOW THE ACCOUNTABILITY OF WHAT THE MONEY WAS SPENT. BECAUSE WHAT WOULD HAPPEN IS THAT I WOULD NORMALLY RECEIVE ABOUT 30 KILOS FROM ERIC BIVENS FOR TERRY FLENORY AND THAT WOULD BE JUST FOR MATHEMATICAL PURPOSES THAT WOULD BE

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182 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ABOUT 600,000 DOLLARS. ONCE I HAVE SOLD THOSE, ONCE I SOLD THOSE DRUGS, I MAY HAVE 2 OR 300,000 DOLLARS IN JUST BILLS THAT NEED TO GET PAID FOR THE FAMILY. SO I WOULD HAVE TO DEDUCT THAT OUT OF THE

MONEY OR I WOULD TAKE THAT OUT OF THE DRUG PROCEEDS TO PAY FOR THESE VARIOUS THINGS. Q. SO THE DRUGS THAT YOU WERE SELLING YOU WOULD TAKE THE CASH

FROM THAT TO PAY THE FAMILY'S BILLS? A. RIGHT, AND THEN THE BALANCE WOULD -- THE BALANCE AFTER I

TOOK OUT WHAT MY PERCENTAGE WAS FOR SELLING THEM, THE BALANCE WOULD ACTUALLY BE PREPARED TO BE PICKED UP TO BE TAKEN BACK TO CALIFORNIA. Q. SO SAY YOU GOT 200,000 DOLLARS BACK IN DRUG PROCEEDS, THEY

HAD 50,000 DOLLARS IN BILLS, SO YOU'RE LEFT WITH 150,000 DOLLARS? A. Q. A. Q. RIGHT. WHAT WAS YOUR PERCENTAGE OF THAT? MAYBE 50,000 JUST TO SAY. SO THAT WOULD LEAVE US WITH 100,000 DOLLARS AND THAT'S

WHAT WOULD BE PICKED UP AND TAKEN BACK TO THE FAMILY? A. Q. RIGHT. SO HOW DID YOU MAKE THIS REPORTING; HOW DID YOU KEEP TRACK

OF THE BALANCE SHEETS OR WHATEVER? A. WELL, WE ACTUALLY IN THE BEGINNING WE KIND OF JOTTED IT I WOULD MAKE A NOTATION OR WRITE EVERYTHING DOWN, BUT

DOWN.

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183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MOST CASES THEY WOULD BE, THEY WOULD BE ON AN EXCEL SPREADSHEET, YOU KNOW, THAT YOU WOULD HAVE. A LOT OF TIMES I WOULD -- BUT THIS PARTICULAR CASE COMING BACK FROM THE AIRPORT WAS SOMETHING THAT HE SAID THAT HE NEEDED TO MEET RIGHT AWAY, SO I HAD TO ACTUALLY HANDWRITE IT AND PUT EVERYTHING TOGETHER. Q. OKAY. I'M GOING TO SHOW YOU WHAT I HAVE MARKED AS DO YOU RECOGNIZE THAT?

GOVERNMENT'S EXHIBIT 11. A. Q. A. YES, I DO.

IS THAT YOUR HANDWRITING? YES, IT IS. MS. SCHANSMAN: YOUR HONOR, WE'D OFFER GOVERNMENT'S

EXHIBIT NUMBER 11 INTO EVIDENCE. MR. O'BRIEN: THE COURT: BY MS. SCHANSMAN: Q. A. WHAT IS THIS GOVERNMENT'S EXHIBIT 11? THAT'S JUST A HANDWRITTEN LIST OF DIFFERENT BILLS THAT NO OBJECTION.

IT'S ADMITTED.

WERE ACTUALLY PAGES OF DIFFERENT BREAKDOWNS OF WHAT IT WAS. THE ITEMS THAT YOU HAVE THERE -Q. A. Q. A. RIGHT HERE? YES. WHAT'S THIS? THE ITEMS THAT YOU HAVE THERE ARE GOING TO BE -- IT'S LIKE IT SAYS 2 X5'S

CODED ON HOW I HAVE IT FOR THE VEHICLES.

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184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 60, THAT'S 60,000 DOLLARS. Q. A. Q. A. OKAY. RIGHT. WHAT'S THAT? IT MEANS ONE OF THE WAREHOUSES THAT WE WERE BUYING TO HOLD AND IT SAYS WAREHOUSE DONE 67?

THE VEHICLES AND TO PUT THE COCAINE IN THE CARS AND EVERYTHING ELSE, WE HAD PURCHASED A WAREHOUSE AND THE BALANCE WAS 67,000 DOLLARS. Q. A. Q. A. NOW, YOU'VE GOT THIS INS OVER HERE. THAT'S AUTOMOBILE INSURANCE. WHAT'S THE 300C OVER HERE? THAT'S THE 300C CHRYSLER. IT SAYS 10,000 DOLLARS THAT WAS WHAT'S THAT COLUMN?

NEEDED TO COMPLETE THAT. Q. A. AND YOU'VE GOT THE INVESTMENT COLUMN HERE, WHAT'S THIS? WELL, THE INVESTMENT COLUMN WOULD BE -- THAT'S ACTUALLY SO THAT'S MONEY THAT YOU LIKE IT WAS 22 INVESTED, 60

MONEY THAT NEEDED TO BE PUT DOWN. HAVE TO INVEST INTO THE BALANCE.

OF THE TOTAL NEEDED, SO FROM DOING THE FIGURES LIKE THAT I WOULD KNOW THAT 38,000 IS WHAT I HAVE TO PICK UP. Q. A. Q. OKAY. THAT'S 60 LESS 22 BASICALLY?

WOULD BE 38. SO YOU'VE GOT 22 AND YOU STILL NEED TO GET TO 38; IS THAT

WHAT YOU'RE SAYING? A. I GOT 22, STILL NEEDED TO GET TO 38 WHICH AT THAT

PARTICULAR POINT I GOT IT SO I WOULD JUST MARK DONE ON IT.

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185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. NOW, THIS SAYS OLD BALANCE OVER HERE. LIKE IT'S GOT 43, 364 -OLD BALANCE WOULD BE WHERE THINGS WERE LEFT OFF WHAT IS THIS OVER

HERE? A.

RIGHT.

FROM.

LIKE I'M GOING TO -- 43,000 WOULD BE THE BALANCE THAT,

YOU KNOW, I GUESS WHERE I HAD TO START OFF FROM. IF YOU NOTICE THERE THERE'S A MINUS THERE WHICH MEANS THAT ON LAST SHIPMENT OF DRUGS THEY OWED ME 43,000. SO I HAD

TO START THEM OFF FROM THE BEGINNING AND SAY OKAY, I PUT MY MONEY UP, SO 43,000 IS GOING TO COME OFF THE TOP. LET'S SAY IT WAS FOR 200,000. HE'S NOT GOING TO HAVE

A CLEAR 200,000 BECAUSE HE HAD A PREVIOUS BALANCE UP ON THE CREDIT CARD, YOU KNOW, PAST DUE BALANCE OR PAST DUE PAYMENT WAS MINUS 43 LEFT OFF FROM THE LAST INVOICE. Q. SO YOU'RE BASICALLY ROLLING OVER THE BALANCE FROM THE LAST

TIME? A. RIGHT, SO WE CAN BE BROUGHT UP TO DATE, AND THEN YOU HAVE YOU'RE

UNDERNEATH THAT 5,000 DOLLARS IN AIRPLANE FLIGHTS.

GOING TO HAVE 37,000 DOLLARS FOR TEXAS HOME AND -- IT'S KIND OF HARD FOR ME TO SEE WHAT IT SAYS IN PARENTHESES. Q. A. Q. A. HERE I'LL SHOW YOU THE ORIGINAL. ALL RIGHT. IT SAYS 28,000 TX? RIGHT, SO THAT WOULD BE ONE LOCATION THAT'S ACTUALLY IN SO THAT WAS THE MONEY THAT

TEXAS THAT WE WERE LOOKING TO BUY. WAS PUT DOWN FOR THAT.

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186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. SO IS IT FAIR TO SAY THAT THESE ARE ALL EXPENSES FOR WHAT? YEAH, YOU GOT -THE FAMILY OR FOR DIFFERENT THINGS? YEAH, FOR THE FAMILY. YOU SEE IT SAYS PHONE BILL FOR

TEE'S KIDS A THOUSAND. Q. A. HERE? UH-HUH (AFFIRMATIVE), AND THEN RIGHT BELOW THAT YOU HAVE

52,000 THAT WAS FOR THE DAYCARE THAT WE WERE BUYING IN ATLANTA. Q. SO YOU WERE BUYING AN ACTUAL DAYCARE, NOT JUST PAYING FOR

THE KIDS THERE? A. Q. NO, WE WAS BUYING A DAYCARE CENTER. NOW IS THIS JUST A CONTINUATION DOWN HERE OF ALL THE

EXPENSES UP HERE, THIS WHOLE SIDE RIGHT HERE? A. RIGHT, MOST OF THE DATES ARE ON -- YOU HAVE 10,000 FOR

TRAVEL THAT WAS ACTUALLY AIRPLANE FLIGHTS, 10,000 TRAVEL, 4,000 TRAVEL, 5,000 TRAVEL YOU HAVE THERE FURTHER UP, AND THEN YOU HAVE IF YOU GET DOWN TOWARDS THE BOTTOM YOU HAVE -- YOU SEE SOME OF THE GUYS' NAMES, THOSE WERE THE WORKERS. Q. A. Q. A. RIGHT HERE? UH-HUH (AFFIRMATIVE). NOW, WHAT'S THIS OVER HERE? ALL RIGHT. IT SAYS 745, 30, 3100 AND 17? 30,000 IS WHAT WAS

THE 745 IS THE CAR.

COLLECTED.

3100 IS GOING TO BE THE INSURANCE AND 17,000 IS

WHAT NEEDS TO BE COLLECTED. Q. AND YOU'VE GOT FREAK UNDER HERE WITH 5,000 NEXT TO IT?

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187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. FREAK OWE 5,000 BECAUSE HE HAD GOTTEN A F-150 HARLEYTHAT'S THE BALANCE HE NEEDED.

DAVIDSON TRUCK EDITION. Q. A. Q. A. Q. A. Q. A. Q.

WHO'S FREAK, DO YOU KNOW WHAT HIS REAL NAME IS? I DO NOT. WAS HE A MEMBER OF THE BMF? YES. WHAT SIDE OF THE BMF WAS HE ON? HE WAS A TERRY GUY. AND THEN YOU'VE GOT ILL RIGHT HERE? CORRECT. AND 4,000 WITH 1500 AND NEXTEL WRITTEN, WHAT DOES THAT

MEAN? A. RIGHT, THE 4,000 WAS FOR WHAT HE OWED BACK ON HIS VEHICLE

NOTES THAT WAS ACTUALLY PUT OUT, AND 1500 WAS WHAT HE OWED ON HIS NEXTEL BILLS. Q. AND THIS WAS BASICALLY A BALANCE SHEET FOR ONE MONTH THAT

YOU WERE GIVING TO ERIC BIVENS WHICH IS THE TERRY SIDE, RIGHT? A. YEAH, IT HAD BOTH IN THERE BECAUSE I GOT MEECH'S STUFF IN

HERE LIKE THE CORVETTE IS MEECH'S. Q. A. Q. A. THE CORVETTE FLIGHT IS THAT WHAT YOU'RE TALKING? NO, YOU SEE WHERE IT SAYS CORVETTE 30,000. RIGHT HERE? YEAH, THAT'S MEECH'S CORVETTE, AND WHERE IT SAYS RIGHT

THERE MISCELLANEOUS, IT SAYS WHITE X5 AND WHERE IT SAYS THE BLACK X5, THE BLACK X5 THAT WAS ILL'S X5, AND THEN WE HAVE

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188 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 FOOD, TRAVEL AND FLIGHTS. SO IT WAS KIND OF A COMBINED SHEET THAT I WOULD ACTUALLY ONCE AGAIN BREAK DOWN AND SEPARATE IT AGAIN FOR THE TWO FAMILIES. Q. ALL RIGHT, SIR. NOW WERE THE ONE THAT WAS ALWAYS DOING

THIS, OR DID YOU HAVE SOMEONE ELSE THAT YOU EVENTUALLY GOT TO DO THIS? A. YEAH, BECAUSE, YOU KNOW, MY WAY I COULD DO IT WHERE NOBODY

WOULD UNDERSTAND IT, BUT IT ALSO WORKED -- IT WORKED BACKWARDS NOBODY COULD UNDERSTAND IT. SO IF I TOLD THEM TO GRAB THE

SHEET AND TO READ IT OFF TO ME, THEY COULDN'T REALLY EXPLAIN IT TOO WELL. SO I WENT AHEAD AND CONVERTED OVER TO AN EXCEL SPREADSHEET. BECAUSE WHEN I USED TO HAND MY SHEETS IN TO TERRY SO

OR MEECH, THEY WOULD BE LIKE JUST GIVE IT TO ME SIMPLE.

INSTEAD OF DOING IT CODED THIS WAY, I WENT AHEAD AND JUST GAVE THEM JUST A PLAIN SPREADSHEET. Q. A. Q. A. NOW YOU HAVE A BROTHER NAMED KARREAM SHEARD, RIGHT? CORRECT. DID YOU EVER GET HIM INVOLVED? YEAH, HE NORMALLY DID ALL THE SPREADSHEETS. I WOUND UP

GETTING TOO BUSY, SO HE WOUND UP TAKING CARE OF A LOT OF, YOU KNOW, GETTING CARS AND EVERYTHING ELSE FOR THOSE OF THE FAMILY THAT STILL WANTED THEM. Q. I'M GOING TO SHOW YOU GOVERNMENT'S EXHIBIT NUMBER 16-A.

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189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DO YOU RECOGNIZE THAT? A. Q. A. Q. A. YEAH. IS THAT SOMEONE THAT YOU KNOW? YES, I DO. HOW DO YOU KNOW THIS INDIVIDUAL? WE HAVE THE SAME MOTHER. MS. SCHANSMAN: YOUR HONOR, WE WOULD OFFER

GOVERNMENT'S EXHIBIT 16-A INTO EVIDENCE. MR. O'BRIEN: THE COURT: BY MS. SCHANSMAN: Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. WHO IS THIS? THAT'S KARREAM SHEARD. THAT'S YOUR BROTHER? UH-HUH (AFFIRMATIVE). NOW, IT SAYS HASAN SHEARD HERE; IS THAT HIS REAL NAME? IT'S KARREAM HASAN SHEARD. SO HE JUST -NO OBJECTION.

IT'S ADMITTED.

DID YOUR BROTHER EVER LIVE IN TENNESSEE? NO. IS THIS HIS REAL IDENTIFICATION? NO. BUT THAT IS HIS REAL PICTURE? YES. NOW, WHEN YOU LOOK AT THIS LEDGER AND YOU MENTIONED THAT

THERE WAS AN ILL LISTED ON THERE, I BELIEVE THAT WAS THE 4,000

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190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DOLLARS AND YOU HAD A CAR PAYMENT ON THIS? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. UH-HUH (AFFIRMATIVE). WHO IS THAT ILL? MR. DANIELS RIGHT THERE. I'M SORRY? THAT'S MR. DANIELS RIGHT THERE. SO THAT'S THE DEFENDANT? UH-HUH (AFFIRMATIVE). DO YOU KNOW AN INDIVIDUAL BY NAME OF RALPH SIMMS? UH-HUH (AFFIRMATIVE). HOW DO YOU KNOW HIM? I KNOW HIM FROM ACTUALLY BEING OVER AT THE ELEVATOR. AND WHOSE HOUSE WAS THE ELEVATOR? THAT WAS MEECH'S AND TERRY'S. WAS IT ALWAYS JUST BOTH THEIR HOUSE? YEAH. I'M GOING TO SHOW YOU WHAT'S ALREADY BEEN ADMITTED INTO I WANT TO KNOW IF YOU

EVIDENCE -- THERE'S TWO THINGS HERE. KNOW WHO THIS PERSON IS? A. Q. A. Q. YES, I DO. WHO IS THAT?

THAT'S FLEMING DANIELS, THAT'S ILL. BUT IT'S A TENNESSEE DRIVER'S LICENSE WITH THE NAME PAUL

JACKSON? A. UH-HUH.

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191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. Q. A. Q. A. Q. THAT PERSON IN THE PICTURE IS WHO YOU KNOW AS ILL? CORRECT. WHAT ABOUT THAT PICTURE, WHO IS THAT PERSON? THAT'S ILL. IT'S JUST ANOTHER NAME HE USED TO USE.

AND THAT'S UNDER THE NAME SHAMEER MOORE? CORRECT. HAVE YOU EVER HEARD HIM USE THAT NAME BEFORE OTHER THAN ON

THE DRIVER'S LICENSE? A. Q. A. YES, CORRECT. WHEN DID HE USE THAT NAME? I BELIEVE ACTUALLY KARREAM WAS ACTUALLY DOING SOME SMALLER I KNOW KARREAM ASKED ME IF HE WANTED TO START TO I'M NOT SURE WHETHER HE

CARS FOR HIM.

BUILD CREDIT UP UNDERNEATH THAT NAME. WENT AHEAD AND DID IT.

HE HAD GOTTEN FROM MY BROTHER A COUPLE OF SMALLER CARS, MAYBE TWO OR THREE OF THEM, AND HE ACTUALLY CAME TO ME ABOUT IT, AND I JUST SAID I WAS TIED UP, KARREAM WOULD TAKE CARE OF IT FOR HIM. Q. A. Q. A. Q. THE LAST ONE. YES, I DO. WHO IS THAT? I KNOW HIM BY BLEU DAVINCI. AND IT'S GOT THE NAME JASON ROBINSON. HAVE YOU EVER HEARD DO YOU KNOW WHO THIS INDIVIDUAL IS?

HIM USE THAT NAME BEFORE? A. OTHER THAN -- NOT OTHER THAN WHEN WE WENT TO GO --

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192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. O'BRIEN: Q. MR. MARSHALL, LET ME ASK YOU A COUPLE OF QUESTIONS HERE. Q. A. SAY. Q. A. TELL US WHAT YOU MEAN BY CHOREOGRAPHED IT? JUST BASICALLY SET EVERYTHING UP BECAUSE I WAS THE INITIAL DID YOU GO WITH HIM TO GET THIS DRIVER'S LICENSE? NO BUT I ACTUALLY, YOU KNOW, CHOREOGRAPHED IT, YOU COULD

ONE WHO PLACED THE CONTACT WITH A GENTLEMAN BY THE NAME OF TERRY BOWLES DOWN IN TENNESSEE, AND I WOULD LET HIM KNOW HERE'S THE NAMES, HERE'S THE INFORMATION -- HERE'S THE NAMES, HERE'S THE INFORMATION BECAUSE WE WOULD HAVE TO GET THE SOCIAL SECURITY NUMBERS FOR THAT, AND I WOULD GIVE HIM THE INFORMATION AND THEY CAN GET ON THE ROAD AND GO STRAIGHT TO HIM, AND ONCE HE RECEIVED THEM, HE WOULD FINISH IT FROM THERE. MS. SCHANSMAN: EXHIBIT 19-A. MR. O'BRIEN: THE COURT: NO OBJECTION. YOUR HONOR, WE'D OFFER GOVERNMENT'S

IT'S ADMITTED. THAT'S ALL I HAVE, YOUR HONOR

MS. SCHANSMAN:

CROSS-EXAMINATION

YOU NEVER GOT ANY DRUGS FROM MR. DANIELS, DID YOU? A. Q. A. Q. NO. HE NEVER GOT ANY DRUGS FROM YOU? NO. AND YOU SAID THAT YOU SAW MR. DANIELS PICK UP DRUGS ONE

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193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TIME? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. CORRECT. AND YOU SAID IT WAS IN A BAG? CORRECT. WHAT KIND OF BAG? IT'S JUST A BLACK CANVASS BAG. BLACK WHAT? A BLACK CANVASS BAG LIKE A BACK DUFFLE BAG. WAS IT SEALED UP? EXCUSE ME? WAS IT ZIPPED UP OR SEALED UP? NOT AT THE BEGINNING, NO. WHEN I GOT MINE IT WASN'T.

I'M TALKING ABOUT THE ONE THAT YOU SUPPOSEDLY -I'LL REPEAT AGAIN NOT AT THE TIME WHEN I GOT MINE IT

WASN'T. THE COURT: I DIDN'T UNDERSTAND WHAT YOU SAID. YOU

SOMETHING ABOUT WHEN I GOT -THE WITNESS: WASN'T ZIPPED UP. THE COURT: YOU'RE SAYING YOURS WAS NOT ZIPPED UP? CORRECT, NONE OF THE BAGS WERE ZIPPED NOT AT THE TIME WHEN I RECEIVED MINE IT

THE WITNESS:

UP BECAUSE WE HAVE TO COUNT THEM BEFORE WE TAKE THEM WITH US. BY MR. O'BRIEN: Q. A. WHEN DID THIS OCCUR, MR. MARSHALL? I WOULD SAY THAT WOULD PROBABLY BE THE EARLY PART OF 05.

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194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. A. WHAT DATE? I'M NOT EXACTLY SURE WHAT DATE IT WOULD BE. WHEN I SAY

EARLY PART, I WOULD SAY, I WOULD PROBABLY SAY JANUARY, FEBRUARY. Q. OKAY. AND IS THAT THE ONLY TIME YOU SAY -- AS I

UNDERSTAND IT THAT'S THE ONLY TIME YOU SAY YOU SAW MR. DANIELS RECEIVE DRUGS? A. Q. A. Q. CORRECT. ONE TIME; IS THAT CORRECT? CORRECT. DO YOU RECALL TESTIFYING IN FRONT OF A FEDERAL GRAND JURY

IN MAY 2006? A. Q. A. Q. WHAT STATE? MICHIGAN? CORRECT. AND YOU WERE ASKED ABOUT YOUR INVOLVEMENT AND EVERYBODY

ELSE'S INVOLVEMENT IN THE DEAL? A. Q. CORRECT. DID YOU JUST FORGET ABOUT THE INSTANCE WHERE YOU

SUPPOSEDLY SAW MR. DANIELS GETTING THE DRUGS BECAUSE I DIDN'T SEE ANYTHING MENTIONED IN YOUR TESTIMONY ABOUT MR. DANIELS GETTING DRUGS IN YOUR GRAND JURY TESTIMONY? A. NO, I DIDN'T FORGET ABOUT ANYTHING. THERE'S PROBABLY 70

DEFENDANTS AND THERE'S PROBABLY OUT OF 70 DEFENDANTS THERE'S PROBABLY ABOUT 20 OR 30 OR PROBABLY 40 THAT I PROBABLY DID NOT

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195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BRING DIRECTLY UP. I THINK THE FOCUS WHILE I WAS IN DETROIT WAS ON DEMETRIUS FLENORY AND ALSO TERRY FLENORY WHO WERE THE FOUNDERS OF THE BMF. Q. DO YOU RECALL BEING INTERVIEWED IN MARCH OF 2006 AT THE

FEDERAL COURTHOUSE IN FLORIDA BY FEDERAL AGENTS? A. Q. YES, I DO. I GOT THE NOTES ON THAT, TOO. DID YOU JUST AGAIN DIDN'T

BRING -A. Q. THE FLORIDA CASE -LET ME FINISH MY QUESTION, OKAY. DID YOU JUST AGAIN

FORGET TO BRING UP THIS INSTANCE WHERE YOU SUPPOSEDLY SAW MR. DANIELS RECEIVING DRUGS BECAUSE I DIDN'T SEE ANYTHING IN THERE EITHER? A. OKAY. WELL, THE FLORIDA CASE WAS BASED ON MYSELF WHICH I

EXPLAINED TO THEM THAT THERE WERE SEVERAL HUNDREDS, HUNDREDS AND HUNDREDS OF KILO COCAINE INVOLVED, PLUS ALSO ALL THE MEMBERS INVOLVED IN MY CASE. AND ONCE AGAIN, THE MAIN FOCUS WAS ON THE FOUNDERS OF THE BMF, AND WHEN I SPOKE I SPOKE ABOUT 1700 KILOS BEING DONE BY ME PERSONALLY, AND IT WAS BASICALLY MORE SO THAN THE INDIVIDUAL THAT YOU'RE SPEAKING ABOUT. MR. DANIELS WAS BASICALLY BROKE DOWN AS A WHOLE GLOBAL ORGANIZATION, AND I BELIEVE THAT SOME POINT IN THAT TIME IN ONE OF THOSE DEBRIEFINGS THAT I HAD THAT I BASICALLY GAVE

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196 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HIS ROLE OR WHAT RANKING HE WOULD HAVE FALL UNDER, BUT AS FAR AS GETTING INTO EACH INDIVIDUAL CHARACTERISTIC, I DON'T BELIEVE I SPOKE ANYTHING ABOUT D-SHOCK OR TITO OR ANY OTHER ONES OF THOSE GENTLEMEN, AS WELL. IT WAS JUST THAT WHEN YOU START GOING THROUGH WHAT 70 INDIVIDUALS DID, IT PROBABLY WOULD TAKE A COUPLE OF MONTHS JUST TO RUN OVER AND DO ALL THAT. I WASN'T SPECIFICALLY ASKED ABOUT

HIM EITHER SO IT DIDN'T BRING IT DIRECTLY TO MIND. Q. WAS THERE ANY DOCUMENTATION THAT WOULD CONFIRM WHAT YOU'RE

SAYING THAT YOU HAVE OR ARE AWARE OF THAT WOULD CONFIRM THAT MR. DANIELS RECEIVED COCAINE ON THIS ONE INSTANCE AS YOU SUGGEST? A. Q. A. YOU SAID IS THERE ANY DOCUMENTATION? YES. UNFORTUNATELY IN THE CRIMINAL EMPIRE THERE'S REALLY NO THAT'S WHAT WE TRY TO STAY AWAY FROM ANY TYPE

DOCUMENTATION.

OF DOCUMENTATION. Q. A. Q. SO THAT WOULD BE A NO? THAT WOULD BE CORRECT. SO BASICALLY WHAT WE GET DOWN TO IS WE HAVE YOUR WORD THAT

ON ONE OCCASION YOU SAW MR. DANIELS RECEIVE COCAINE? A. Q. A. Q. THIS IS CORRECT. YOUR WORD, CORRECT? THIS IS CORRECT. OKAY. WELL, LET ME ASK YOU SOME OTHER THINGS. WITH

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197 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 QUESTION. THE COURT: I THINK HE'S TRYING TO. DO YOU REMEMBER REGARD TO THIS VEHICLE, YOU SAY -- I THINK YOU TESTIFIED ONE TIME THAT MR. DANIELS GAVE YOU A BAG WITH 25,000 DOLLARS IN IT? A. Q. A. Q. A. CORRECT. DO YOU HAVE A RECEIPT FOR THAT SOMEWHERE? NO, I DON'T HAVE A RECEIPT FOR THAT. WAS ANYBODY WITH YOU? AT THE TIME OF HIM PICKING THE VEHICLE UP, YES, THERE WERE

SEVERAL. Q. IS THERE A PERSON THAT COULD VERIFY THAT YOU AND MR.

DANIELS MET AND THAT HE GAVE YOU 25,000 DOLLARS? A. THERE WAS A PERSON AT THE TIME TO HELP PICK THE VEHICLE UP

TO VERIFY THAT HE COMPLETED THE TRANSACTION THE 40,000 DOLLARS WHEN HE GAVE 15,000, YES. Q. A. Q. AND WHO IS THAT PERSON? THERE'S SEVERAL PEOPLE. LET ME INTERRUPT YOU. ONE OF THE INDIVIDUALS --

I'M TALKING ABOUT YOUR ALLEGATION

THAT YOU MET AT THE LENOX PARKING LOT AND HE GAVE YOU 25,000 DOLLARS? A. Q. RIGHT AND THAT PARTICULAR -DID ANYBODY WITNESS THAT -MS. SCHANSMAN: YOUR HONOR, I'M GOING TO OBJECT.

HE'S NOT LETTING HIM ANSWER THE QUESTION. MR. O'BRIEN: I'M NOT SURE HE'S RESPONDING TO MY

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198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VEHICLE. ANYBODY. THE COURT: NO, THAT'S A DIFFERENT QUESTION. ALL RIGHT. QUESTION. THE WITNESS: MR. O'BRIEN: YOU ASKED ME WHO COULD VERIFY THIS. NO, I ASKED WHO WAS WITH YOU, IF THE QUESTION? THE WITNESS: I THINK THE QUESTION WAS WAS THAT IS

THERE ANYBODY ELSE THAT COULD VERIFY THIS AND THAT'S WHAT I WAS ANSWERING, AND I SAID YES, THERE IS. THE COURT: AND YOU CAN GO AHEAD AND ANSWER THAT

MR. O'BRIEN: THE COURT:

ANSWER THE VERIFIED QUESTION. I SAID THERE WERE SEVERAL INDIVIDUALS ONE OF

THE WITNESS:

AT THE TIME WHO WERE THERE WHEN HE RECEIVED THE CAR.

THE INDIVIDUALS WAS A GENTLEMAN BY THE NAME BRIAN GOTTI. NUMBER 2 WAS MY BROTHER KARREAM. THE THIRD PERSON WOULD BE ANOTHER PERSON

ANOTHER GENTLEMAN BY THE NAME OF LAMAR FIELDS.

WOULD BE A GENTLEMAN BY THE NAME OF JAMAL MITCHELL. THOSE INDIVIDUALS WERE THERE WHEN HE PICKED UP THE IT WAS DARK BLUE WITH A BLUE CONVERTIBLE TOP.

BY MR. O'BRIEN: Q. MY NEXT QUESTION IS WAS ANYBODY WITH YOU THAT CAN VERIFY

THAT MR. DANIELS ACTUALLY GAVE YOU 25,000 DOLLARS; ANYBODY AT THAT TRANSACTION BESIDES YOU AND MR. DANIELS? A. AT THAT PARTICULAR TRANSACTION, NO, JUST ON THE 15,000

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199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEN HE COMPLETED IT TO PICK IT UP. Q. SO WE HAVE YOUR GOOD WORD ON THAT, TOO, THAT THAT'S TRUE? THE COURT: BY MR. O'BRIEN: Q. THAT MR. DANIELS GAVE YOU 25,000 DOLLARS AT THE LENOX ON WHAT?

PARKING LOT? A. AND TO REPEAT THE QUESTION -- I MEAN TO REPEAT THE AT THE TIME WHEN -- AT THE TIME WHEN I PICKED UP THE

ANSWER.

25,000, IT WAS JUST ME THERE, BUT TO ANSWER YOUR QUESTION WITH THE PEOPLE I GAVE YOU, HE BROUGHT BACK THE REMAINDER OF THE 15,000 DOLLARS AND TOOK THAT VEHICLE AWAY WITH HIM ALL THOSE INDIVIDUAL WERE THERE. Q. MR. MARSHALL, DID YOU SAY THAT -- I THINK YOU SAID IT WAS

YOUR ANALYSIS THAT MR. DANIELS WAS THIRD IN CHARGE; IS THAT WHAT YOU SAID? A. Q. THIS IS CORRECT. DID YOU FORGET TO TELL THE GRAND JURY THAT, TOO; DID THAT

JUST SLIP YOUR MIND? A. I DON'T BELIEVE I WAS ASKED, BUT IF I WAS ASKED NOTHING

WOULD HAVE SLIPPED MY MIND. Q. AND DID YOU FORGET TO TELL THE AGENT THAT WHEN YOU WERE

DEBRIEFED IN FLORIDA THAT IT WAS YOUR PERCEPTION THAT MR. DANIELS WAS THE THIRD IN CHARGE OF THIS ORGANIZATION? A. I REMEMBER TELLING THE AGENTS IF NOT IN FLORIDA, THEN IT

HAD TO HAVE BEEN IN DETROIT.

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200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. BUT YOU NEVER SAID THAT IN FRONT OF THE GRAND JURY, DID

YOU, IN YOUR 62 PAGES OF TESTIMONY? A. Q. A. IF I WAS NOT ASKED PROBABLY I DID NOT. YOU DID NOT FEEL THAT WAS IMPORTANT? WELL, I NORMALLY ANSWER THE QUESTIONS. I TRY TO BRING TO

MIND AS MUCH AS I CAN, BUT IT'S A LOT OF THINGS. Q. MR. MARSHALL, DID YOU SAY THAT YOU WERE INVESTING MONEY,

COCAINE MONEY INTO A DAYCARE CENTER? A. Q. A. CORRECT. IS THERE A BIG PROFIT IN DAYCARE CENTERS? WELL, IT'S NOT ABOUT WHETHER THERE'S A BIG PROFIT. ANY

PROFIT OF TURNING BLACK MONEY INTO CLEAN MONEY IS SUBSTANTIAL, AND IN THAT DAYCARE IT'S WORTH GENERATING 15, 20, 30,000 A MONTH. Q. A. Q. A. WAS THAT YOUR IDEA? MOST OF THEM. DO YOU HAVE CHILDREN IN THAT DAYCARE? NO, I HAVE 12 CHILDREN. I DON'T HAVE ANY AT THE DAYCARE

THOUGH, AND I THINK YOU PAY A DOLLAR A MINUTE IF YOU'RE LATE, SOMETHING OUTRAGEOUS. Q. LET ME ASK YOU IN CONNECTION WITH YOUR GRAND JURY

TESTIMONY, DO YOU RECALL TESTIFYING IN FRONT OF THE FEDERAL GRAND JURY I THINK YOU SAID IN MICHIGAN ON MAY 10TH OF 2006; IS THAT CORRECT? A. I DON'T HAVE THE EXACT DATE IN FRONT OF ME, BUT IT SOUNDS

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201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ABOUT RIGHT. Q. AND YOU WERE ASKED ABOUT COUNTING MONEY AND THINGS SUCH AS

THAT AND -MS. SCHANSMAN: YOUR HONOR, I'M GOING TO OBJECT. IF

HE'S GOING TO BE PULLING OUT PARTS I THINK THE APPROPRIATE THING TO DO IF HE WANTS TO CROSS-EXAMINE ON THE TRANSCRIPT IS HE SHOULD PROVIDE HIM WITH A COPY OF THE TRANSCRIPT AND ASK HIM ABOUT SPECIFIC INSTANCES WITHIN THE TRANSCRIPT. THE COURT: I NEED TO HEAR THE QUESTION FIRST, AND I

NEED TO BE ABLE TO FIGURE OUT FOR WHAT PURPOSE YOU'RE ASKING THE QUESTIONS. MR. O'BRIEN: BY MR. O'BRIEN: Q. I'LL ASK YOU, MR. MARSHALL, DO YOU RECALL BEING ASKED OKAY. I'LL ASK HIM THIS QUESTION.

ABOUT AN INCIDENT IN LATE 2000 -THE COURT: IMPEACHMENT? MR. O'BRIEN: NOT NECESSARILY, MA'AM, NOT WAIT JUST A MINUTE. IS THIS

NECESSARILY -- I GUESS IT COULD BE IN THE NATURE OF IMPEACHMENT. THE COURT: I MEAN JUST TO ASK STRAIGHT OUT QUESTIONS

YOU DON'T NEED THAT TRANSCRIPT. MR. O'BRIEN: THE COURT: I UNDERSTAND.

YOU SHOULD ASK THE QUESTION FIRST, SEE IF

HE CAN ANSWER IT AND IF HE CAN'T, YOU CAN PRESENT WHAT'S IN

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202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THAT. BY MR. O'BRIEN: Q. MR. MARSHALL, DO YOU RECALL IN LATE 2003 BEING AT A

LOCATION 6086 BELLAIRE LAKE ROAD IN LITHONIA, GEORGIA AND OBSERVING AN AMOUNT OF MONEY BEING COUNTED IN EXCESS OF 2 MILLION DOLLARS? A. Q. CORRECT. AND CAN YOU TELL -- AND THAT WAS HERE IN GEORGIA, IN

ATLANTA? A. Q. CORRECT, ON EVANS MILL. WHO WAS PRESENT WHEN THIS AMOUNT OF MONEY WAS BEING

COUNTED -- NOW THAT'S A SIGNIFICANT AMOUNT OF MONEY, ISN'T IT, 2 MILLION DOLLARS? A. Q. YEAH. AND IS THIS PART OF THE CREW'S MONEY, THE ORGANIZATION'S

MONEY? A. Q. A. TERRY FLENORY'S. WHO WAS PRESENT WHEN THAT MONEY WAS BEING COUNTED, SIR? TERRY FLENORY WAS THERE, AND ALSO THERE'S ANOTHER ERIC BIVENS, YOU KNOW, THOSE

GENTLEMAN BY THE NAME OF FREAK.

WOULD BE SOME THE ONES THAT WOULD COME DIRECTLY TO MIND. Q. A. Q. WAS MR. DANIELS THERE? NO, I DON'T REMEMBER MR. DANIELS BEING THERE. IN FACT YOU TOLD THE GRAND JURY HE WAS NOT THERE; DO YOU

RECALL THAT?

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203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: THAT'S REALLY NOT A PROPER QUESTION. ALL RIGHT.

MR. O'BRIEN: THE COURT:

THE QUESTION IS NOT WHAT DID HE TELL THE

GRAND JURY BUT WHAT ARE THE FACTS. BY MR. O'BRIEN: Q. A. THE FACT IS MR. DANIELS WAS NOT THERE; ISN'T THAT CORRECT? YEAH, HE'S NOT ON THAT SIDE OF THE ORGANIZATION. HE WOULD

BE ON DEMETRIUS. Q.

THAT WAS TERRY'S SIDE OF THE ORGANIZATION. YOU

LET ME ASK YOU SOME OTHER THINGS PLEASE, SIR.

TESTIFIED -- EXCUSE ME. LET ME ASK IT ANOTHER WAY, MR. MARSHALL. DO YOU

RECALL IN AUGUST OF 2004 THAT -- DO YOU RECALL SOME SHOOTING OF SOME SORT OF VIDEO WITH YOUNG JEEZY THAT OCCURRED IN AUGUST OF 2004, MR. MARSHALL? A. I'M NOT REALLY SURE. I'D HAVE TO LISTEN MORE TO WHAT

YOU'RE SAYING. Q. A. Q. A. Q. WELL, DO YOU KNOW WHO YOUNG JEEZY IS? YES, SIR. AND WHO IS YOUNG JEEZY? HE'S A RAPPER. DO YOU RECALL BEING PRESENT WHEN YOUNG JEEZY WAS ACTUALLY

MAKING SOME SORT OF VIDEO? A. Q. A. YEAH. AND WHEN WAS THAT, SIR, AND WHERE WAS THAT IF YOU RECALL? IT WAS IN ATLANTA. I REMEMBER IT BEING DOWN IN A PARKING

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204 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LOT OR LIKE -- YEAH, KIND OF LIKE THEY HAD A PLACE THAT DID UPHOLSTERY, INTERIORS OF OLD SCHOOL CARPETS OR SOMETHING THERE. Q. DO YOU RECALL MR. FLENORY EVER BEING INVOLVED IN

PURCHASING A MUSIC BUSINESS? A. Q. INVOLVED IN PURCHASING A MUSIC BUSINESS? YES, SIR. HE WAS BUYING A MUSIC BUSINESS? WHICH FLENORY ARE YOU REFERRING TO?

THE COURT: BY MR. O'BRIEN: Q. A.

WELL, I THINK MR. TERRY FLENORY, R&B MUSIC BUSINESS? YEAH, THEY HAD -- THEY GOT INVOLVED WITH THAT. HE WOUND

UP SIGNING -- THEY WOUND UP BEING PART OF DOING A NEW ALBUM FOR A GENTLEMAN BY THE NAME OF TANK. Q. MR. MARSHALL, DO YOU EVER RECALL SEEING PHOTOGRAPHS OF

EITHER OF THE FLENORYS WITH SEAN PUFFY COMBS? A. I THINK TERRY SHOWED ME ONE PICTURE WAY BACK WHEN THEY

WERE SUPPOSED TO HAVE WENT TO MOROCCO. Q. A. Q. A. Q. WHO IS SEAN PUFFY COMBS? HE'S A MUSIC GUY. ARE YOU FAMILIAR WITH THE NAME CHRIS GOTTI? YEAH. WHO, IF ANY, ASSOCIATION OR AFFILIATION DID MR. GOTTI HAVE

WITH YOU OR ANYBODY ELSE THAT YOU'VE TESTIFIED TO HERE ABOUT TODAY? A. Q. I HAVE NO IDEA. DO YOU KNOW WHO HE IS?

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205 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. YEAH. WHO IS HE? HE'S PART OF THE MUSIC GROUP THAT HAD THAT BIG INDICTMENT

CASE THAT THEY HAD IN NEW YORK. Q. A. Q. A. Q. WAS HE A RAPPER, DO YOU KNOW? NO. YOU DON'T KNOW? NO, HE'S NOT. MR. MARSHALL, LET ME ASK YOU SOME THINGS ABOUT SOME OF THE

ACTIVITIES THAT YOU PARTICIPATED IN. DID I UNDERSTAND YOU TO SAY THAT YOU WERE INVOLVED IN STRAW PURCHASES OF AUTOMOBILES FOR A NUMBER OF PEOPLE? A. Q. CORRECT. AND WHEN YOU SAY STRAW PURCHASES, YOU MEAN THAT YOU WERE

ACTUALLY PREPARING FAKE PAPERWORK AND PRESENTING IT TO AUTO DEALERS, LEASING AGENCIES AND CAR DEALERSHIPS; IS THAT WHAT YOU WERE DOING? A. I'LL GIVE IT TO YOU SIMPLER. THE VEHICLE WOULD BE IN THE

NAME OF THIS GENTLEMAN HERE BECAUSE HE HAS THE CREDIT BUT HE MAY MAKE 20, 20 OR 38,000 DOLLARS A YEAR. 110,000. THE VEHICLE MAY COST

SO THE WAY THE BANKS FIGURE THAT IS YOU HAVE TO BE

ABLE TO AT LEAST BRING HOME MONTHLY THREE TIMES THE AMOUNT OF THE CAR NOTE. NOW, THE CAR NOTE PROBABLY WOULD BE 15,000 DOLLARS. SO YOU WOULD HAVE TO BRING HOME NET MONEY 45,000 DOLLARS WHICH

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206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IS, YOU KNOW, ROUGHLY GOING TO PUT YOU SOMEWHERE AROUND A SALARY OF 75 TO 80,000. SO AT THAT PARTICULAR POINT IN ORDER FOR -- I WAS DOING THE CARS FOR DRUG DEALERS WHO WERE DRIVING THE VEHICLES WHO COULD AFFORD THE NOTE. IN ORDER FOR ME TO MAKE IT GO

THROUGH THE BANK, I HAD TO GIVE THAT PERSON A FICTITIOUS JOB. A REAL PERSON, FICTITIOUS JOB. THE STRAW COMES IN IS THAT THE CAR IS NOT FOR THEM. THAT'S THE STRAW PART. SOMEONE ELSE. THE STRAW PART IS THE CAR IS FOR

THE BANK AND WIRE FRAUD COMES IN DOING THE

APPLICATION FALSELY. Q. SO IT SOUNDS TO ME LIKE, MR. MARSHALL, WHAT YOU WERE DOING

IS YOU WERE SIMPLY MANUFACTURING BOGUS RECORDS AND PRESENTING THEM TO THE BANKS SO PEOPLE COULD GET CARS? A. Q. CORRECT. AND HOW MANY TIMES DID YOU PRESENT THESE FALSE RECORDS,

MAKE UP THESE RECORDS AND PRESENT THEM TO BANKS? A. Q. OUT OF 224 CARS PROBABLY ABOUT 200 OF THEM WERE. AND YOU WERE MAKING UP THESE FALSE RECORDS AND PRESENTING

THEM TO LEGITIMATE FINANCIAL INSTITUTIONS AND CAR DEALERSHIPS? A. Q. THIS IS CORRECT. WERE YOU SIGNING THEM, MR. MARSHALL, WERE YOU SIGNING THEM

UNDER OATH AS IF THEY WERE TRUE AND CORRECT? A. NO, ONCE AGAIN, THERE WAS A PHYSICAL PERSON WHO THE CAR SO THEY WOULD SIGN THEIR OWN NAME. THEN

WAS IN THEIR NAME.

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207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THAT'S THE STRAW PART THAT WE SPOKE ABOUT. THE BANK AND WIRE FRAUD COMES IN IS THAT THE JOB WAS MADE UP, BUT IT WAS AN ACTUAL PHYSICAL PERSON WHO WOULD SIGN THEIR OWN I HEREBY CERTIFY THIS AND TENDER THEIR OWN DRIVER'S LICENSE AND THEIR OWN UTILITY BILLS AND THOSE THINGS. Q. MR. MARSHALL, FOR HOW LONG A PERIOD OF TIME DID YOU

PERPETRATE FRAUD ON BANKS? A. Q. LET'S SEE, I GUESS FROM 2002 TO 2005. AND, MR. MARSHALL, HOW MANY LEGITIMATE FINANCIAL

INSTITUTIONS DID YOU DEFRAUD? A. Q. A. I THINK I HAVE A FIGURE IN MIND OF 2.8 MILLION DOLLARS. HOW MANY INSTITUTIONS DID YOU DEFRAUD? I'M NOT EXACTLY SURE HOW MANY BANKS THERE WERE BUT FORD,

GENERAL MOTORS, THAT SORT OF THING. Q. A. TOO MANY TO COUNT? NO, I SAID I DON'T GIVE THE EXACT NUMBER. I GAVE YOU THE

EXACT AMOUNT. Q. LET ME ASK YOU DID YOU SAY YOU WERE BASICALLY DOING THE

SAME THING WITH REGARD TO REAL ESTATE TRANSACTIONS? A. Q. THIS IS CORRECT FOR THE HOUSES. NOW REAL ESTATE TRANSACTIONS, UNLESS I'M MISTAKEN,

REQUIRES CONSIDERABLY MORE PAPERWORK TO PURCHASE OR LEASE; IS THAT CORRECT, MR. MARSHALL? A. IN SOME FORMS IF YOUR CREDIT SCORE IS HIGH ENOUGH, IF YOU

HAVE A 730 BEACON OR HIGHER, AND IN THE CASE THAT WE'RE

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208 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SPEAKING ABOUT FOR THESE HOUSES, DEMETRIUS FLENORY WOULD PUT DOWN 300,000 DOLLARS, 150,000. CALL A NO DOC LOAN. DOCUMENTATION. Q. WERE YOU THE MAN THAT WAS PREPARING WHATEVER PAPERWORK WAS YOU WOULD GO WITH WHAT THEY

SO YOU WOULDN'T HAVE TO PRESENT ANY

NECESSARY TO SECURE LEASES AND/OR DEEDS ON THE VARIOUS PROPERTIES THAT YOU TESTIFIED TO TODAY, MR. MARSHALL? A. Q. WHAT DO YOU MEAN BY DEEDS? PAPERWORK, PAPERWORK TO EITHER GET A LEASE OR PURCHASE A

HOUSE? A. ONCE AGAIN, IF YOU HAVE A CERTAIN BEACON SCORE AND IF YOU

HAVE A CERTAIN AMOUNT OF CRITERIA MONEY DOWN WHICH WE DIDN'T HAVE A PROBLEM WITH THERE'S A NO DOCUMENTATION LOAN. Q. MR. MARSHALL, LET ME ASK YOU THIS. WERE YOU AIDING AND

ASSISTING PEOPLE IN PREPARING FRAUDULENT DOCUMENTS SO THEY COULD EITHER PURCHASE OR LEASE HOUSES? A. WITH THE VEHICLES KIND OF YES. WITH THE HOUSES IT WAS

MORE OR LESS MOST OF THE HOUSES WERE NO DOCUMENTATION LOANS AGAIN. Q. DID YOU EVER SIGN ANY DOCUMENTS IN CONNECTION WITH THIS

REAL ESTATE THAT HAD TO BE SIGNED UNDER PENALTY OF PERJURY, MR. MARSHALL? A. NEVER. BECAUSE THE ACTUAL PEOPLE WERE REAL PEOPLE. THERE WASN'T ANYTHING. THERE

WASN'T IDENTITY THEFT.

THEY WERE REAL

PHYSICAL, FLESH AND BLOOD PEOPLE WHO COULD SIGN THEIR OWN NAME

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209 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AND TENDER THEIR OWN DRIVER'S LICENSE OR THEIR OWN IDENTIFICATION. Q. BUT THOSE WEREN'T WHO YOU WERE REALLY PURCHASING PROPERTY

FOR, WERE THEY? A. Q. NO, THEY WERE FOR THE BMF FAMILY. OKAY. AND YOU WERE THE ONE THAT PREPARED THE PAPERWORK OR

DID WHATEVER WAS NECESSARY TO PERPETRATE THESE FRAUDS ALSO; IS THAT RIGHT, MR. MARSHALL? A. Q. A. Q. PREPARE THE PAPERWORK? OR DID WHATEVER WAS NECESSARY TO PERPETRATE THE -I ORGANIZED THAT IF THAT'S WHAT YOU'RE LOOKING FOR. OKAY. ALL RIGHT.

MR. MARSHALL, BY THE WAY, IN CONNECTION WITH HOUSES, DO YOU RECALL ARRANGING FOR THE LEASE OF A HOUSE, I THINK IT WAS IN FLORIDA FOR ONE OF -- FOR SOMEBODY, ONE OF THE FLENORYS THAT HAD A 4 MILLION DOLLAR RECORDING STUDIO IN IT? A. Q. A. Q. A. CORRECT. WHAT WAS THAT ALL ABOUT? WELL, HE HAD A -HE BEING WHO? TERRY FLENORY -- I'M SORRY, DEMETRIUS FLENORY. WHAT

HAPPENED WAS AT THAT PARTICULAR TIME THERE WAS A LOT OF APARTMENTS IN ATLANTA THAT ACTUALLY STARTED TO GET KICKED IN AND THERE WAS A LOT OF HEAT BEING BROUGHT DOWN AMONGST THE FAMILY. SO DEMETRIUS FELT AS THOUGH HE COULD ACCOMPLISH A

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210 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COUPLE OF THINGS. NUMBER 1, GET EVERYONE OUT OF ATLANTA AND KIND OF LET GEORGIA COOL DOWN A LITTLE BIT, AND AT THE SAME TIME HE WAS TRYING TO REALLY LAUNCH WITH BLEU DAVINCI HE WAS TRYING TO LAUNCH THIS MUSIC INDUSTRY. SO HE HAD ABOUT 20 PEOPLE OR SO STAYING IN HOTELS, AND IF YOU WERE TO DO THE NUMBERS THE WAY WE FIGURED IT OUT IF EACH HOTEL WAS A HUNDRED DOLLARS A NIGHT, YOU WOULD RUN YOURSELF CLOSE TO BY THE END OF THE WEEK FOR ALL THESE 20 INDIVIDUALS, YOU'D RUN YOURSELF OVER A HUNDRED THOUSAND DOLLARS BY THE END OF THE MONTH WHICH HE WOUND UP PAYING FOR MAYBE ONE OR TWO MONTHS. SO WHEN WE FOUND THIS PLACE WITH THE 4 MILLION DOLLAR RECORDING STUDIO, I HEARD IT WAS ABOUT TWO MILLION, BUT WE WOUND UP STRIKING A DEAL FOR 50,000 A MONTH. SO HE PAID 50,000

A MONTH FOR THIS HOUSE FOR FIVE OR SIX MONTHS. Q. SO ESSENTIALLY THE STUDIO WAS USED TO PROMOTE OR TO LAUNCH

BLEU DAVINCI'S CAREER, CORRECT? A. Q. A. Q. NO. IS THAT WHAT THE PLAN WAS? NO. WHY WAS IT NECESSARY THAT THERE BE A STUDIO CONNECTED TO

THIS HOUSE? A. WELL BECAUSE WHAT HAPPENS IS THAT HE'S ABLE TO KEEP BECAUSE, SEE, IT DRAWS TOO MUCH ATTENTION

EVERYONE INDOORS.

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211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEN YOU HAVE 20 PEOPLE ALL COMING IN THE HOUSE AT TWO O'CLOCK IN THE MORNING AND VARIOUS HOURS. SO IF YOU COULD HAVE LIVING QUARTERS FOR EVERYONE BECAUSE I THINK THE HOUSE HAD TEN OR ELEVEN BEDROOMS, THEY COULD LIVE THERE. NINTENDO. THEY COULD DO THEIR MUSIC. THEY COULD PLAY

THEY COULD SWIM IN THE POOL AND THEY WOULDN'T BE ALL

OVER THE PLACE. Q. A. Q. A. Q. HAVE YOU EVER SEEN THE STUDIO? DID I SEE THE STUDIO? NO.

YOU NEVER SAW THE RECORDING STUDIO? HAVE I SEEN A RECORDING STUDIO? NO, NO. DID YOU EVER SEE THE RECORDING STUDIO THAT IS

PART OF THIS HOUSE THAT WAS LEASED IN MIAMI? A. Q. A. Q. NO. WAS IT MIAMI? YES. NOW LET ME ASK YOU A LITTLE BIT ABOUT YOUR BACKGROUND.

YOU HAVE A CRIMINAL RECORD, DON'T YOU, MR. MARSHALL? A. Q. THIS IS CORRECT. AND LET ME SORT OF GO OVER IT HERE AND SEE IF I'VE GOT IT

CORRECT. YOU HAVE A NUMBER OF CONVICTIONS FOR DRUNK DRIVING AND DRIVING UNDER THE INFLUENCE OF DRUGS? A. Q. DUI'S, YEAH. DO YOU HAVE A SUBSTANCE ABUSE PROBLEM?

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212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Q. A. Q. NO. DO YOU USE DRUGS? NO. WERE YOU USING DRUGS DURING THE TIME THAT YOU CONTEND YOU

WERE DOING ALL THESE RECORDS AND PARTICIPATING IN THESE OTHER ACTIVITIES? A. DRINKING, YOU KNOW, WE USED TO ALWAYS BE TOGETHER DRINKING

AFTER WE'D FINISH, YOU KNOW, WORK DURING THE DAY. Q. DO YOU RECALL TESTIFYING UNDER OATH THAT YOU WERE USING

ECSTACY ON A REGULAR BASIS? A. Q. A. Q. A. Q. A. Q. CORRECT. THAT'S A DRUG, ISN'T IT? YEAH, THAT'S A YEAH. AND YOU WERE SMOKING MARIJUANA ON A REGULAR BASIS? UH-HUH (AFFIRMATIVE). WERE YOU ALSO USING COCAINE, MR. MARSHALL? ONCE OR TWICE THAT WAS BACK IN 97, 98. ALL RIGHT. YOU HAVE A CONVICTION IN 1997 FOR THEFT BY

RECEIVING STOLEN PROPERTY; DO YOU NOT, MR. MARSHALL? A. Q. A. CORRECT. WHAT'S THAT ALL ABOUT? I WAS LIVING IN NEW JERSEY AT THE TIME, AND I WOUND UP

BUYING A CAR BACK FROM A GENTLEMAN WHO SAID THAT HE HAD JUST ACQUIRED IT AND HE HAD GIVEN ME A FAKE TITLE AND I PAID HIM 6500 DOLLARS AND GOT STUCK WITH THAT.

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213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. JUST A MISUNDERSTANDING AND YOU GOT ARRESTED AND

CONVICTED? A. Q. A. Q. A. Q. A. WELL, IT WAS A MISUNDERSTANDING. I GOT DUPED ON THAT ONE.

YOU GOT CONVICTED OF CARRYING A CONCEALED WEAPON? CONVICTED OF CARRYING A CONCEALED WEAPON? WELL IN 1998 IN ATLANTA, GEORGIA. NO, I HAVE NO CARRYING A CONCEALED WEAPON CONVICTIONS. ARE YOU WILLIAM MARSHALL? YEAH BUT I DON'T HAVE ANY CARRYING A CONCEALED WEAPON WHEN WAS THIS?

CONVICTIONS. Q. ONE? A. Q. YEAH, THAT WAS A MISDEMEANOR THAT I CAUGHT. DEKALB COUNTY IN 2000 IMPERSONATING A PUBLIC OFFICER ALL RIGHT. DEKALB COUNTY SIMPLE BATTERY, REMEMBER THAT

EMPLOYEE; REMEMBER THAT ONE, MR. MARSHALL? A. YES, I WAS WORKING FOR A CAR DEALERSHIP, AND I CALLED --

THE OWNER HAD ME CALL THE CUSTOMER WHO GAVE US -- I WAS THE SALES MANAGER, AND I CALLED THE CUSTOMER LETTING HIM KNOW THAT THEY GAVE US A FAKE DRIVER'S LICENSE, FAKE CHECK AND WE NEED THE VEHICLE BACK. BUT THE THING THAT I DID AT THE POINT WAS I SAID THAT I'M CALLING FOR STONE MOUNTAIN CHEVROLET, THIS IS SERGEANT WASHINGTON CALLING FROM DEKALB RECOVERY. SO THEY BROUGHT THE VEHICLE BACK, BUT WHAT HAPPENED WAS THAT THE PERSON WHO "FRAUDULATED" THE DEALERSHIP AT THE

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214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TIME, HER UNCLE WAS THE CHIEF OF POLICE FOR EAST POINT. THEY TAUGHT ME A LESSON ON THAT ONE. Q. A. SO YOU IMPERSONATED A POLICE OFFICER? WELL, I SAID I'M SERGEANT WASHINGTON FROM DEKALB RECOVERY, SO

AND WHAT HAPPENED WAS THEY SAID LOOK, YOU SIGN HERE AND YOU JUST GET PROBATION AND WE'LL GIVE YOU A SLAP ON THE WRIST AND GO ON ABOUT YOUR BUSINESS, AND AT THE TIME I GOT SEVEN, EIGHT KIDS, I'M WORKING A LEGIT JOB AT STONE MOUNTAIN CHEVROLET. SO

I SIGNED THE PAPER AND WENT ON ABOUT MY BUSINESS, BUT THAT'S HOW THAT WENT. Q. 2001 IN DEKALB COUNTY GIVING FALSE NAME, ADDRESS AND BIRTH

DATE TO LAW ENFORCEMENT OFFICER; DO YOU REMEMBER THAT ONE? A. THAT WAS ALL WITH THE SERGEANT WASHINGTON OR WHOEVER I

SAID I WAS AT THE TIME, YEAH. Q. SEPTEMBER 2003 IN ATLANTA TRAFFICKING IN COCAINE, ILLEGAL

DRUGS AND MARIJUANA; DO YOU REMEMBER THAT ONE? A. I THINK THAT CASE WAS DISMISSED BECAUSE IT WAS A HOME

INVASION AT THE TIME. MS. SCHANSMAN: THIS IS IMPROPER. CONVICTIONS. YOUR HONOR, I'M GOING TO OBJECT.

HE SHOULD BE USING CERTIFIED COPIES OF WE DON'T EVEN

HE CAN'T READ FROM A DOCUMENT.

KNOW WHAT THE DOCUMENT IS. THE COURT: BY MR. O'BRIEN: Q. MR. MARSHALL, YOU HAVE FELONY CONVICTIONS FOR FORGERY; DO THE OBJECTION IS SUSTAINED.

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215 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 YOU NOT, SIR, FULTON COUNTY 2005? A. NO, I DON'T HAVE A CONVICTION FOR FORGERY IN FULTON COUNTY NONE OF THESE THINGS YOU'VE MENTIONED HAVE BEEN

FOR 2005, NO.

ANY CONVICTIONS. THE COURT: MOMENT, BOTH SIDES. (AT THE BENCH) THE COURT: I THINK WHAT YOU'RE PROBABLY DOING IS WOULD YOU COME UP TO THE BENCH FOR JUST A

READING THROUGH A SHEET THAT CONTAINS STUFF THAT MAY HAVE BEEN CHARGED BUT NOT NECESSARILY THAT HE WAS CONVICTED OF AND THAT'S NOT FAIR PLAY. MR. O'BRIEN: THAT MAY BE. THESE THINGS ARE ALMOST

IMPOSSIBLE TO READ SOMETIMES BECAUSE A LOT OF THEM DON'T HAVE -- I CAN'T SEE WHAT THE DISPOSITION IS. THE COURT: TO SAY AT A GLANCE. MR. O'BRIEN: OKAY. SOMETIMES IT IS HARD TO TELL I WILL HAVE

(IN OPEN COURT) BY MR. O'BRIEN: Q. MR. MARSHALL, LET ME ASK YOU SOMETHING ELSE NOW ABOUT THE

DEAL, YOUR DEAL HERE, OKAY, THE REASON WHY YOU'RE HERE TODAY. NOW HOW MANY CASES DID YOU HAVE PENDING AGAINST YOU BEFORE YOU CUT SOME SORT OF DEAL WITH THE GOVERNMENT? CASES DID YOU HAVE PENDING AGAINST YOU? A. I HAD TWO CASES. THEY WERE BOTH FOR MONEY LAUNDERING AND HOW MANY

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216 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THAT SORT OF THING. Q. AND YOU HAD CASES IN ORLANDO AND YOU HAD CASES IN ATLANTA;

IS THAT CORRECT? A. Q. THAT'S THE TWO CASES. AND AS PART OF THE PLEA DEAL NOT ONLY DID YOU -- IS THERE

SOME FORM OF SENTENCE REDUCTION, BUT I'M LOOKING, I FORGET WHICH DOCUMENT IT IS, BUT LET ME FIND IT HERE. MS. SCHANSMAN: THE CASE IN -I'D

YOUR HONOR, I'M GOING TO OBJECT.

LIKE TO APPROACH THE BENCH IF WE CAN? THE COURT: ALL RIGHT. COME ON UP.

(AT THE BENCH) MS. SCHANSMAN: AGREEMENTS IN ATLANTA. MR. O'BRIEN: HE IS INTIMATING THERE ARE TWO PLEA

THEY'RE BOTH FOR THE SAME CASE. I DON'T CARE ABOUT THAT. I WASN'T

GOING TO ASK HIM ABOUT THAT. MS. SCHANSMAN: OKAY.

(IN OPEN COURT.) BY MR. O'BRIEN: Q. MR. MARSHALL, IN CONNECTION WITH YOUR PLEA AGREEMENT IN

ATLANTA, HOW MANY COUNTS DID YOU PLEAD TO; DO YOU REMEMBER? A. I KNOW IN FLORIDA IT WAS ONE COUNT. IN ATLANTA I THINK IT

MIGHT HAVE BEEN TWO COUNTS. Q.

I'M NOT EXACTLY SURE.

WELL, THE DOCUMENT THAT CONTAINS YOUR PLEA AGREEMENT, I

CAN'T REMEMBER THE NAME OF IT, BUT THE DOCUMENT THAT I HAVE SAYS IN CONNECTION WITH YOUR PLEA AGREEMENT YOU'LL ENTER A PLEA

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217 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CASE? MR. O'BRIEN: NO, I'M TALKING ABOUT THE ATLANTA CASE. THAT'S NOT IN EVIDENCE. THAT'S NOT AND THEN THE GOVERNMENT WILL MOVE TO DISMISS COUNTS 2 THROUGH 70. YOU PLED GUILTY TO ONE COUNT AND IN EXCHANGE FOR YOU HELPING THEM OUT, THEY DISMISSED 69 COUNTS OF CRIMINAL CONDUCT AGAINST YOU? A. THAT WASN'T CRIMINAL CONDUCT. IN THAT PARTICULAR

SITUATION THERE WERE LIKE 200 AND SOME ODD CARS WHICH MEANS LIKE YOU SAID EARLIER THERE WAS A LOT OF ACTUAL DEALERSHIPS. SO THEY WERE KIND OF LIKE THE SAME REPETITIVE ACCOUNT BUT INSTEAD OF IT BEING GMAC, IT WAS THIS BANK OR THIS CREDITOR. Q. SO YOU HAD 70 COUNTS ORIGINALLY AGAINST YOU IN THE

INDICTMENT AND -MS. SCHANSMAN: TO APPROACH. YOUR HONOR, I WILL OBJECT. WE NEED

I APOLOGIZE FOR HAVING TO COME BACK UP THERE. CLARIFY ARE YOU TALKING ABOUT THE ORLANDO

THE COURT:

MS. SCHANSMAN: THE PLEA AGREEMENT. MR. O'BRIEN: BY MR. O'BRIEN: Q.

LET ASK HIM THEN.

DID YOU HAVE 70 COUNTS AGAINST YOU HERE IN ATLANTA, MR.

MARSHALL? A. THIS IS WHAT YOU'RE SAYING, BUT I DON'T HAVE ANYTHING

TO -- IF YOU GIVE ME SOMETHING I COULD YES OR NO IT.

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218 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. WELL, DO YOU KNOW DID THE GOVERNMENT DISMISS SOME

COUNTS IN YOUR -A. YEAH, THERE WAS A LOT OF COUNTS BECAUSE AS I'VE EXPLAINED

TO YOU THEY SAID THOSE ACCOUNTS WERE -- WHAT THEY DID WAS INSTEAD OF HAVING AN INDIVIDUAL COUNT WITH FORD AND GMAC AND CITIFIRST FINANCIAL, THEY BROUGHT IT INTO ONE ACCOUNT AND TOOK ALL THAT MONEY AND STUCK ME WITH IT AND SAID I OWE IT. SO MY FINE AND RESTITUTION NOW THAT THEY SAID I HAVE TO START PAYING BACK WHEN I GET OUT IS 2.8 MILLION DOLLARS. NONE OF THOSE THINGS GOT DROPPED. SO

THEY CONSOLIDATED THEM AND I

HAVE TO STILL PAY BACK 2.8 MILLION SOMETHING, SOMETHING DOLLARS. Q. A. Q. A. Q. A. Q. MR. MARSHALL, WHAT DID YOU PLEAD GUILTY TO IN ATLANTA? I PLED GUILTY TO MONEY LAUNDERING. ONE COUNT OF MONEY LAUNDERING? CONSPIRACY TO MONEY LAUNDER. AND WHAT DID YOU PLEAD GUILTY TO IN ORLANDO? CONSPIRACY TO MONEY LAUNDER AND BANK AND WIRE FRAUD. SO YOU PLED GUILTY TO A COUPLE OF COUNTS INVOLVING

FINANCES, MONEY LAUNDERING, BANK FRAUD AND THINGS LIKE THAT, CORRECT? A. Q. THIS IS CORRECT. MR. MARSHALL, YOU TESTIFIED TODAY THAT YOU WERE MOVING

LIKE 30, 40, 50 KILOGRAMS OF COCAINE A MONTH FOR AN ORGANIZATION AND YOU WEREN'T EVEN REQUIRED TO ENTER A PLEA TO

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219 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ONE COUNT OF DRUG TRAFFICKING? A. Q. WELL, WHAT HAPPENED IS -AS PART OF THE DEAL YOU GOT YOU DIDN'T EVEN HAVE TO OWN UP

TO OR STEP UP TO THE PLATE FOR EVEN ONE COUNT INVOLVING COCAINE, MR. MARSHALL? A. WHAT HAPPENED IS THAT IF YOU LOOK AT THE CRIMINAL HISTORY

CHART, THE DIFFERENCE IN THE DRUG OFFENSE THAT I WOULD HAVE GOTTEN WOULD HAVE BEEN 39. THE MONEY LAUNDERING BECAUSE OF HOW MUCH WAS INVOLVED AND BECAUSE I GOT FOUR POINTS FOR LEADERSHIP ROLE ENHANCED AND I RECEIVED SIX LEVELS FOR DRUGS BEING THE UNDERLYING OFFENSE, IT WOUND UP BEING LIKE I RECEIVED LIKE A 36. SO THE DIFFERENCE IN THE DRUG OFFENSE AND THE DIFFERENCE IN THE MONEY LAUNDERING OFFENSE "EQUIVALATED" TO ABOUT THREE YEARS, BUT WITH THE MONEY LAUNDERING OFFENSE, I HAVE TO PAY THE MONEY BACK. WITH THE DRUG OFFENSE I WOULDN'T

HAVE TO HAVE PAID THE MONEY BACK. Q. MR. MARSHALL, YOUR PLEA AGREEMENT CONTEMPLATES -- YOU SAY

YOUR SENTENCE WAS 100 MONTHS? A. THAT'S WHAT I WAS SENTENCED TO. THE COURT: IN ORLANDO OR IN ATLANTA? THEY RULED 20'D IT. THEY COMBINED IT.

THE WITNESS:

SO THE SENTENCE FOR BOTH OF THEM AT THE SAME TIME WAS EIGHT YEARS. BY MR. O'BRIEN:

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220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. AND YOU KNEW AT THE TIME THAT YOU MADE THE DEAL THAT WITH

THE AMOUNT OF DRUGS THAT YOU TALKED ABOUT AND THAT YOU'VE ADMITTED TO, YOU WOULD HAVE BEEN LOOKING AT A POSSIBILITY OF LIFE IN PRISON. YOU KNEW THAT AT THE TIME THAT YOU DECIDED THAT YOU WOULD TELL THESE PEOPLE WHAT YOU TOLD THE JURY TODAY; YOU KNEW THAT, DIDN'T YOU, MR. MARSHALL? A. WELL, NO, BECAUSE WHAT HAPPENED IS THAT -- AND IF YOU LOOK WHEN THEY

IN YOUR INFORMATION THERE, THEY DIDN'T KNOW THIS.

ASKED ME WHAT WAS THE ACTUAL AMOUNT OF DRUGS THAT I TRAFFICKED, THEY WERE SHOCKED TO FIND OUT. I WAS THE ONE WHO TOLD THEM.

THE NUMBER THAT YOU HAVE IS NOWHERE NEAR WHAT IT IS THE ACTUAL NUMBER THAT I HAVE DONE BECAUSE IT'S ALL BASED ON TRUTHFUL TESTIMONY. Q. I TOLD THEM IT WAS 1700.

SO, MR. MARSHALL, THE TRUTH OF IT IS THE AMOUNT OF DRUGS

THAT YOU WERE INVOLVED IN COULD HAVE CONCEIVABLY YIELDED YOU MULTIPLE LIFE SENTENCES? A. THAT'S NEVER WHAT I WAS CHARGED WITH AGAIN. THERE WAS NOT

A SPECK OF DRUGS THAT WAS ACTUALLY CAUGHT IN MY CASE OR FOUND IN MY CASE. THE ONLY THING THAT WAS CAUGHT IN MY CASE IF YOU

WERE TO LOOK IT UP IS GOING TO BE 166,000 DOLLARS. THERE WASN'T A CRUMB OF COCAINE THAT THE AGENTS HAD DISCOVERED OR FOUND OR ANYTHING ELSE, BUT IN THE DEBRIEFING SESSION, THEY SAID FROM THE BEGINNING WE NEED TO KNOW IF IT'S ABOUT YOUR BROTHER, IF IT'S ABOUT YOUR EX-WIFE, ANYTHING, IF

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221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 YOU'RE GOING TO SIT DOWN AND TELL US TELL IT ALL. SO I OPENED

UP AND THEY SAID WELL HOW MUCH DID YOU TRAFFIC AND I TOLD THEM THE TRUTH 1700. Q. MR. MARSHALL, THE SENTENCE THAT YOU RECEIVED IN ORLANDO

COULD HAVE GONE UP TO 20 YEARS, CORRECT? A. Q. THIS IS CORRECT. AND THE SENTENCE THAT YOU RECEIVED IN GEORGIA COULD HAVE

GONE UP TO 30 YEARS; IS THAT CORRECT? A. Q. A. Q. I'M NOT EXACTLY SURE ABOUT GEORGIA. IT'S WHAT'S IN YOUR PLEA AGREEMENT, ISN'T IT? OKAY. AND IT COULD HAVE RUN CONSECUTIVELY, YOU UNDERSTAND THAT,

WHERE YOU COULD HAVE ENDED UP DOING 50 YEARS IN PRISON? A. Q. IF I WENT TO TRIAL. BUT AS A RESULT OF YOUR AGREEING TO TESTIFY FOR THE

GOVERNMENT, IT'S NOW BEEN REDUCED DOWN TO EIGHT AND A HALF YEARS; IS THAT CORRECT? A. IT WAS THAT SAME CASE FOR THE SAME ORGANIZATION. SO WHAT

THEY SAID WAS THAT WE'RE GOING TO BRING THEM BOTH TOGETHER AND SENTENCE YOU. IT WASN'T LIKE I DID THE ORLANDO STUFF FOR CITIZENS AND I DID THIS STUFF HERE FOR AN INDIVIDUAL. FOR THE BMF ORGANIZATION. CONGLOMERATE. Q. MR. MARSHALL, DO YOU HAVE FURTHER EXPECTATIONS OF BENEFIT IT WAS ALL DONE

THAT'S WHY IT WAS -- IT WAS JUST ONE

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222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OR REWARD FOR YOUR TESTIMONY? A. Q. MOST CERTAINLY, MOST CERTAINLY. SO NOT ONLY DID YOU GET ALL THESE COUNTS DROPPED AND YOU

GOT THE WONDERFUL DEAL THAT YOU GOT, BUT YOU'RE EXPECTING A FURTHER REDUCTION IN YOUR SENTENCE BECAUSE OF COOPERATION HERE TODAY HELPING GET MR. FLEMING DANIELS CONVICTED; IS THAT RIGHT, MR. MARSHALL? A. NO, IT'S NOT TO GET HIM CONVICTED. IT'S JUST TO CONTINUE

DOING WHAT I AGREED TO.

IF I'M CALLED ABOUT SOMETHING AND OVER

THE LAST TWO AND A HALF YEARS AND FIVE TO SEVEN STATES THERE HAS NOT BEEN ONE INSTANCE WHERE ANYTHING I'VE SAID HAS BEEN WRONG OR UNTRUTHFUL. SO IT'S NOT ANYTHING TO GET MR. DANIELS CONVICTED. MR. DANIELS UNFORTUNATELY IS A FRIEND OF MINE. I'VE ALWAYS

LIKED MR. DANIELS, BUT I JUST HAVE TO DO MY PART AND SPEAK HONESTLY AND TRUTHFULLY ABOUT WHAT'S BEING ASKED OF ME. Q. HONESTLY AND TRUTHFULLY AS YOU DID WITH THE CAR

DEALERSHIPS, THE BANKS AND THE OTHER PEOPLE; IS THAT CORRECT, MR. MARSHALL? A. Q. EXCUSE ME. MR. MARSHALL, HOW LONG HAVE YOU BEEN SITTING IN JAIL

WAITING TO PRESENT -A. Q. SINCE I WAS ARRESTED AND THAT'S OCTOBER 28TH, 2005. WELL, YOU SEEM LIKE YOU WERE CAPABLE CERTAINLY OF PUTTING

TOGETHER A FAIRLY SOPHISTICATED NETWORK OF FRAUD WHERE YOU TOOK

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223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN A BUNCH OF BANKS AND CAR DEALERSHIPS AND OTHER FINANCIAL INSTITUTIONS. A. Q. A. Q. THAT'S CORRECT, IS IT NOT, MR. MARSHALL?

THIS IS CORRECT, SIR. YOU'VE HAD A COUPLE OF YEARS TO GO OVER YOUR TESTIMONY? EXCUSE ME. YOU'VE HAD A COUPLE OF YEARS TO PREPARE AND GO OVER YOUR

TESTIMONY THAT YOU'RE GIVING HERE TODAY; IS THAT CORRECT, MR. MARSHALL? A. THERE'S NO SUCH WAY YOU CAN GO OVER AND PREPARE. I DON'T

EVEN KNOW WHAT'S GOING TO BE ASKED. WHAT YOU MEAN. Q. LET ME ASK YOU THIS.

I MEAN I DON'T UNDERSTAND

DO YOU KNOW THIS FELLOW SITTING OVER

HERE? A. Q. A. Q. A. THIS GENTLEMAN HERE? YES. THIS IS MR. HARVEY. HOW DO YOU KNOW MR. HARVEY? WELL, THE VERY FIRST TIME MR. HARVEY AND I MET EACH OTHER

WE WERE AT AN AIRPORT AND I WAS COMING BACK FROM ONE OF THE MEETINGS, AND WHEN MR. HARVEY STOPPED ME, HE SAID TO ME I WANT TO SHOW YOU SOME PICTURES AND I WANT TO ASK YOU ABOUT SOME MEMBERS OF THE BMF ORGANIZATION, AND I TOLD HIM I GOT NOTHING TO SAY TO YOU. I SAID, YOU KNOW, THAT'S NOT -- I'M NOT HERE TO TALK ABOUT ANYTHING. I'M NOT GOING TO TALK, AND THEN I SAID I'M

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224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. NOT -- MY EXACT WORDS TO HIM WAS THAT AM I GOING TO BE UNARRESTED. ARRESTED. I SAID OKAY, LET'S GET IT GOING, AND I CONTACTED MY ATTORNEY AND I SAID THIS IS WHAT IT IS. I TOLD HIM YOU'RE NOT HE SAID NO, YOU'RE DEFINITELY GOING TO BE

GOING TO ARREST ME FOR TENDERING A FALSE DRIVER'S LICENSE TO CATCH A FLIGHT TO GIVE YOU DEMETRIUS FLENORY, THAT AIN'T HAPPENING, SO TAKE ME TO JAIL. KNOW, SO -Q. A. HOW MANY TIMES HAVE YOU MET WITH MR. HARVEY? IT MIGHT HAVE BEEN LATER THAN THAT. I PROBABLY MET WITH MR. HARVEY TWO OR THREE TIMES. HOW MANY TIMES DID YOU MET WITH OTHER AGENTS TO DEBRIEF I BELIEVE THAT WAS 2002, YOU

AND GIVE YOUR STATEMENT? A. Q. A. I DIDN'T MEET WITH ANY AGENTS UNTIL I GOT ARRESTED. HOW MANY GRAND JURIES HAVE YOU BEEN IN FRONT OF? I'VE BEEN IN FRONT OF -- THERE WAS THE GRAND JURY FOR THERE WAS A GRAND JURY IN

TENNESSEE WHICH THEY PLED GUILTY.

DETROIT WHICH EVERYONE PLED GUILTY, AND I WENT ON TRIAL WITH SOME PEOPLE WHO WORKED WITH ME WHO WAS FOUND GUILTY. Q. A. YOU WENT ON TRIAL? NO, I WAS TESTIFYING IN THE TRIAL IN ORLANDO, AND THOSE

PEOPLE WERE FOUND GUILTY. Q. WHEN YOU GO TO TESTIFY, IT SOUNDS LIKE YOU HAVE TESTIFIED

FOR THE GOVERNMENT ON A NUMBER OF OCCASIONS --

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225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I WAS INVOLVED IN EVERYTHING FROM THE TOP. WHEN I WAS

ARRESTED THEY GAVE ME A LEADERSHIP ROLE WHICH INCREASED MY POINTS DRAMATICALLY BECAUSE THEY SAID, YOU KNOW, ME BEING THE CHIEF FINANCIAL OFFICER -Q. THAT WASN'T MY QUESTION. MY QUESTION WAS, MR. MARSHALL,

EACH TIME THAT YOU GO TESTIFY DID YOU HAVE OCCASION TO TALK TO AN AGENT BEFORE YOU TESTIFIED -A. Q. NO, NOT BEFORE YOU TESTIFY. -- TO GO OVER STATEMENTS THAT YOU PREVIOUSLY MADE AND TELL

YOU WHAT'S GOING TO BE ASKED OF YOU? A. NO, NOT BEFORE I TESTIFY BECAUSE I AM INCARCERATED.

PROBABLY MONTHS BEFORE THEY ASK ME EVERYTHING AND THEY SAY, YOU KNOW, WE MAY NEED YOU TO TESTIFY. SO, FOR EXAMPLE, I MAY TALK THE

TO YOU, SAY YOU'RE THE AGENT I MAY TALK TO YOU IN JANUARY. CASE MAY COME UP IN JUNE.

AT THAT PARTICULAR POINT I'M BROUGHT OUT OF THE JAIL THAT I'M AT. I'M PUT ON A PLANE AND I'M SENT TO THE LOCATION

WHEREVER THE CRIME IS. Q. YOU HAVE THE OCCASION TO TALK TO YOUR LAWYER IN THE

INTERIM, DO YOU NOT, MR. MARSHALL? A. MY LAWYER? WE HAD AN AGREEMENT FROM THE BEGINNING WITH

MR. SADOW, AND FROM THE VERY FIRST MEETING HE SAID IF YOU'RE GOING TO WORK WITH THESE PEOPLE YOU DON'T NEED ME. JUST BE TRUTHFUL, BE STRAIGHTFORWARD. SO I HAVEN'T HAD MR. SADOW WHO IS MY ATTORNEY HE SAID

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226 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INVOLVED IN ANY OF THESE THINGS FOR ABOUT TWO YEARS NOW. Q. DID YOU TALK TO THE PROSECUTORS IN THIS CASE BEFORE YOU

TESTIFIED? A. Q. A. INITIALLY THEY ASKED ME QUESTIONS ABOUT EVERYTHING. KIND OF WENT OVER YOUR TESTIMONY A LITTLE BIT, DID THEY? NO, I DON'T KNOW WHAT YOU MEAN BY GOING OVER YOUR

TESTIMONY. Q. A. YOU JUST SAID THEY TOLD ME WHAT -THEY ASKED ME ABOUT DO I KNOW CERTAIN INDIVIDUALS, AND,

YES, I DO KNOW THOSE INDIVIDUALS, BUT AS FAR AS MY TESTIMONY, THERE'S NO WAY TO PREPARE FOR WHAT YOU'RE GETTING READY TO ASK ME. Q. WELL, YOU CERTAINLY UNDERSTAND THE SIGNIFICANCE OF YOU THE WAY IT BREAKS DOWN, MR.

TESTIFYING AGAINST MR. DANIELS.

MARSHALL, IS IF YOU TESTIFY AND MR. MCBURNEY FEELS LIKE YOU'VE TOLD THE TRUTH, HE COULD RECOMMEND TO THE JUDGE OR THE APPROPRIATE SENTENCING JUDGE THAT YOUR SENTENCE BE REDUCED; IS THAT CORRECT? A. YES, THE UNDERSTANDING I HAVE IS THAT I WILL GET

CONSIDERATION AS LONG AS -- I CAN GET POSSIBLE CONSIDERATION AS LONG AS WHAT I SAY IS 100 PERCENT THE TRUTH. Q. A. Q. HE? AND WHO DETERMINES THE TRUTH, MR. MARSHALL? EXCUSE ME? MR. MCBURNEY DETERMINES IF IT'S TRUTHFUL OF NOT, DOESN'T

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227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. SCHANSMAN: Q. NOW MR. O'BRIEN TALKED TO YOU ABOUT YOUR COOPERATION AND WHAT ARE SOME OF THE DANGERS OF A. I DON'T KNOW. I KNOW THAT IF I DON'T -- IF I MISS -- IF

ONE WORD IS NOT THE TRUTH THEN ANYTHING I'VE EVER DONE I CAN BE CHARGED PENALTY WISE. MR. O'BRIEN: THE COURT: THANK YOU, MR. MARSHALL.

SHALL THE WITNESS BE EXCUSED? JUST REALLY SHORT.

MS. SCHANSMAN: THE COURT:

IF IT'S REALLY SHORT. I PROMISE.

MS. SCHANSMAN: THE COURT:

BECAUSE IT IS AFTER FIVE O'CLOCK. YES, MA'AM.

MS. SCHANSMAN:

REDIRECT EXAMINATION

THE BENEFIT THAT YOU GET.

COOPERATING IN A CASE LIKE THIS? A. WELL, THERE HAS BEEN RAZOR BLADES PUT IN MY FOOD. THERE

WAS ANOTHER CASE WHERE I WAS IN DETROIT AND THERE WAS AN ATTACK PUT ON MY LIFE. BECAUSE THE ORGANIZATION IS SO LARGE, YOU KNOW, YOU'RE CONSTANTLY KEPT IN A SITUATION LIKE IN THE PLACE WHERE I'M BEING HOUSED NOW, IT'S 23 HOURS LOCKDOWN, AND THEN YOU'RE LOCKED DOWN 24 HOURS ON THE WEEKENDS, AND YOU'RE TRAVELING FROM PLACE TO PLACE AND YOU'RE HELD INSIDE THE FACILITIES WHERE YOU DON'T GET TO SEE YOUR KIDS. DON'T SEE YOUR KIDS. I MAY GO TWO YEARS, 18 MONTHS AND

SO, YOU KNOW, IT AIN'T ALL CRACKED UP

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228 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHAT IT'S SUPPOSED TO BE. Q. SO YOU'RE NOT ACTUALLY IN WITH THE GENERAL POPULATION OF

THE JAIL? A. Q. NO. NOW, MR. O'BRIEN ASKED YOU ABOUT WHEN YOU HAD OBSERVED

ABOUT 2 MILLION DOLLARS BEING COUNTED AT BELL AIR LAKE ROAD WHICH I BELIEVE THAT'S THE GATE, IS IT? A. Q. BELLAIRE LAKE ROAD WOULD BE THE WHITE HOUSE. AND YOU OBSERVED 2 MILLION DOLLARS BEING COUNTED. WHOSE

MONEY WAS THAT 2 MILLION DOLLARS? A. Q. TERRY FLENORY'S. DID THAT HAVE ANYTHING TO DO WITH MEECH OR MR. DEMETRIUS

FLENORY? A. AT THAT TIME THEY WERE BROTHERS. SO THEY WERE SENDING THE

MONEY TOGETHER UP THE ROAD. Q. OKAY. DID FLEMING DANIELS -- WHICH SIDE OF THE

ORGANIZATION DID HE WORK FOR? A. Q. A. Q. DEMETRIUS FLENORY. DID HE EVER WORK FOR TERRY OR TEE? NOT THAT I CAN RECALL. NOW, YOU MENTIONED BRIEFLY ON CROSS-EXAMINATION ABOUT THE

INFORMATION THAT YOU PROVIDED TO THE GOVERNMENT AND THAT INITIALLY THEY DIDN'T HAVE ALL THIS INFORMATION? A. Q. CORRECT. THERE'S ACTUALLY A SECTION WITHIN GOVERNMENT'S EXHIBIT

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229 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NUMBER 27. IT'S CALLED THE SECTION 1B1.8 PROTECTION. DO YOU

UNDERSTAND WHAT THAT IS? A. Q. NO. WHAT PAGE IS THAT?

THAT WOULD BE ON PAGE 5 OF YOUR NORTHERN DISTRICT OF

GEORGIA PLEA AGREEMENT. A. Q. A. Q. A. OKAY. CAN YOU JUST READ THAT FIRST SENTENCE THERE FOR ME? NUMBER 11? YES. IT SAYS PURSUANT TO SECTION 1B1.8 OF THE SENTENCING

GUIDELINES, THE GOVERNMENT AGREES THAT ANY SELF-INCRIMINATION INFORMATION THAT WAS PREVIOUSLY UNKNOWN TO THE GOVERNMENT AND IS PROVIDED TO THE GOVERNMENT BY THE DEFENDANT IN CONNECTION WITH HIS COOPERATION AND AS A RESULT OF HIS PLEA AGREEMENT WILL NOT BE USED IN DETERMINING THE APPLICABLE SENTENCING GUIDELINE. I REMEMBER WHEN HE TOLD ME THAT. TRUTHFUL AND HONEST ABOUT THAT. Q. SO BASICALLY THE FIRST TIME THAT YOU MEET WITH THE WHAT HE SAID TO BE

GOVERNMENT, THEY HAVE A CERTAIN AMOUNT OF INFORMATION. WERE YOU CHARGED WITH AT THAT POINT IN TIME? A. Q. FIVE KILOS OR MORE CONSPIRACY.

AND DID THEY KNOW ANYTHING ABOUT THE MAGNITUDE OF THE

DRUGS THAT YOU WERE DEALING WITH? A. ABSOLUTELY NOT. IT WAS AGENT ANDERSON SAID THAT WAS THE

REASON WHY THEY CHOSE TO USE ME MORE BECAUSE I GAVE MORE ABOUT

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230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. O'BRIEN: Q. YOU WERE CHARGED WITH MORE THAN POSSESSION OR DISTRIBUTION MYSELF THAN THEY HAD EVEN KNOWN. THE COURT: IS THAT IT? THAT'S IT. THANK YOU, YOUR HONOR.

MS. SCHANSMAN: MR. O'BRIEN: THE COURT:

VERY BRIEF.

HOW LONG? ONE MINUTE.

MR. O'BRIEN: THE COURT:

OKAY. RECROSS-EXAMINATION

OF MORE THAN FIVE KILOGRAMS OF COCAINE WHICH COULD CONCEIVABLY -A. Q. A. Q. A. Q. CONSPIRACY, NOT POSSESSION. -- CARRY UP TO A LIFE SENTENCE? IT WAS CONSPIRACY. THAT'S GONE AWAY, TOO, RIGHT? I WOUND UP PLEADING TO THE MONEY LAUNDERING. SECOND THING IS YOU SAY THAT YOU'VE BEEN SUBJECTED TO

ABUSE AND RAZOR BLADES IN YOUR FOOD AND THINGS LIKE THAT -A. Q. CORRECT. -- CAN'T SEE YOUR KIDS. IT SEEMS TO ME THAT A FELLOW SUBJECTED TO THAT WOULD BASICALLY DO ANYTHING HE COULD TO GET OUT OF THAT SITUATION; IS THAT RIGHT? A. THAT'S WHY YOU BETTER TELL THE TRUTH.

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231 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EVENING. CASE. MR. O'BRIEN: THE COURT: OKAY. THANK YOU. YOU'RE EXCUSED.

YOU CAN STEP DOWN, SIR.

MEMBERS OF THE JURY, YOU ARE EXCUSED FOR THE HAVE A NICE EVENING. REMEMBER NOT TO DISCUSS THE

I'LL SEE YOU AT 9:30 TOMORROW MORNING. I'D LIKE FOR COUNSEL TO REMAIN FOR JUST A MINUTE. (JURY RETIRED) THE COURT: I'M JUST CURIOUS TO KNOW WHO WAS THE

SENTENCING JUDGE HERE IN ATLANTA? MR. MCBURNEY: THERE WASN'T. IT WAS A JUDGE CAMP

CASE, BUT BECAUSE OF THE RULE 20, IT WAS A JUDGE IN THE MIDDLE DISTRICT OF FLORIDA. THE COURT: I THOUGHT HE WAS SAYING THE CASE WAS RULE

20'D FROM DOWN THERE UP TO HERE. MR. MCBURNEY: CONSOLIDATED IN ORLANDO. NO, MA'AM. EVERYTHING WAS

UP HERE WAS SIMPLY, I SAY SIMPLY, THE

BIG AUTO FRAUD EXQUISITE EMPIRE WHICH WAS INTIMATELY INTERRELATED WITH WHAT WAS GOING ON IN ORLANDO. WAS CONSOLIDATED THERE FOR THAT JUDGE. THE COURT: ALL RIGHT. THAT ANSWERS MY QUESTION. SO EVERYTHING

STARTING IN THE MORNING I'M GOING TO BE A LOT STRICTER ABOUT THIS REDIRECT, RECROSS, REDIRECT STUFF. OFF ON A BAD FOOTING THERE. MR. MCBURNEY: WE ALSO HAD -- I HEAR YOU. WE HAD TWO I THINK WE'VE GOTTEN

OF OUR LONGER WITNESSES TODAY, THE GOVERNMENT'S WITNESSES.

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232 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MORNING. (PROCEEDINGS ADJOURNED) MOST OF OUR REMAINING WITNESSES SHOULD BE MORE LIKE DETECTIVE MOODY. SO IN TERMS OF ESTIMATING THE TIME, I THINK WE'VE

CLEARED A FAIRLY SIGNIFICANT HUMP. THE COURT: ALL RIGHT. I'LL SEE YOU TOMORROW

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233 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JOHN F. HARVEY DIRECT EXAMINATION BY MR. MCBURNEY: ........................................... 32 CROSS-EXAMINATION BY MR. O'BRIEN: ............................................ 80 REDIRECT EXAMINATION BY MR. MCBURNEY:........................................... 109 RECROSS-EXAMINATION BY MR. O'BRIEN: ........................................... 121 APRIL MOODY DIRECT EXAMINATION BY MS. SCHANSMAN: ......................................... 127 CROSS-EXAMINATION BY MR. O'BRIEN: ........................................... 142 REDIRECT EXAMINATION BY MS. SCHANSMAN:.......................................... 145 WILLIAM MARSHALL DIRECT EXAMINATION BY MS. SCHANSMAN: ......................................... CROSS-EXAMINATION BY MR. O'BRIEN: ........................................... REDIRECT EXAMINATION BY MS. SCHANSMAN:.......................................... RECROSS-EXAMINATION BY MR. O'BRIEN:............................................ INDEX

146 192 227 230

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ANDRE G. ASHLEY OFFICIAL COURT REPORTER NORTHERN DISTRICT OF GEORGIA I, ANDRE G. ASHLEY, DO HEREBY CERTIFY THAT I AM A U.S. DISTRICT REPORTER FOR THE NORTHERN DISTRICT OF GEORGIA, THAT I REPORTED THE FOREGOING AND THE SAME IS A TRUE AND ACCURATE TRANSCRIPTION OF MY MACHINE SHORTHAND NOTES AS TAKEN AFORESAID. IN TESTIMONY WHEREOF I HAVE HEREUNTO SET MY HAND ON THIS 5TH DAY OF FEBRUARY, 2009. UNITED STATES OF AMERICA NORTHERN DISTRICT OF GEORGIA C-E-R-T-I-F-I-C-A-T-E