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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

UNITED STATES OF AMERICA, Plaintiff, vs. KENYAN TERRANCE PAYNE, SR., ET AL., Defendants.

) ) ) ) ) ) ) ) ) )

CASE NO:

CR-07-01215(A)-SJO CRIMINAL

Los Angeles, California Monday, November 24, 2008 (9:15 a.m. to 11:30 a.m.) MORNING SESSION

JURY TRIAL BEFORE THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE

Appearances: Court Recorder: Deputy Clerk: Transcribed by:

See next page Margarita Lopez Victor P. Cruz Exceptional Reporting Services, Inc. 14493 S. Padre Island Drive Suite A-400 Corpus Christi, TX 78418-5940 361 949-2988

Proceedings recorded by electronic sound recording; transcript produced by transcription service.
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APPEARANCES FOR:

The Government:

ROSALIND WANG, ESQ. KERRY C. O’NEILL, ESQ. WILLIAM CROWFOOT, ESQ. Assistant United States Attorney 312 North Spring Street Los Angeles, CA 90012 Agent James Smith JOHN P. ROGERS, ESQ. Attorney at Law 120 S. Central, Suite 130 St. Louis, MO 63105 MICHAEL MERESAK, ESQ.

FBI: Oscar Dillon:

Tracy Prince:

ROBERT M. ROSS, ESQ. Klass, Helman, and Ross 16133 Ventura Blvd., Suite 1145 Encino, CA 91436 DAVID KALYONIDES, ESQ. 624 South Grand Ave., Suite 2200 Los Angeles, CA 90017 PETER CARL SWARTH, ESQ. 4804 Laurel Canyon Blvd., Suite 232 North Hollywood, CA 91607 JAMES PERNELL COOPER, III, ESQ. 5777 W. Century Blvd., Suite 750 Los Angeles, CA 90045

Roy Burris:

Demond Lee:

Bernard Beard:

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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 GOVERNMENT’S WITNESS RALPH SIMMS GOVERNMENT’S EXHIBITS 207 208 210 211 212 215 through 245 247 248 251 252 253 257 259 260 264 268 271

INDEX DIRECT 19 CROSS -REDIRECT -RECROSS -RECEIVED 36 36 36 36 36 37 37 37 37 37 37 37 37 37 37 37 37

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Los Angeles, California; Monday, November 24, 2008; 9:15 a.m. (Morning Session) (Call to Order) THE CLERK: session. THE COURT: Please have a seat. Thank you. We’re All Come to order, this Court is now in

back on the record on United States versus Payne, et al. Defendants are present with Counsel and Counsel for the Government is present; the jury is not.

I’ve been informed

that our Defendant witness has not been brought to court today, is that correct? THE CLERK: shortly. THE COURT: MS. WANG: THE COURT: witnesses? MS. WANG: Honor. THE COURT: MS. WANG: THE COURT: MS. WANG: Well, who do you intend to call next? Our next witness would be Troy Zirker. Will be who? Troy Zirker. And we can have him here, We don’t have any others right now, your Mr. Simms is -- will arrive when? The estimate was 9:30, your Honor. And the Government has no other He’s not here yet. He’ll be here

but it will take a little bit of time for him to get here. THE COURT: And then who -- who follows Mr. Zirker?

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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 a witness? that?

MS. WANG: Daniel Corral. THE COURT: MS. WANG: THE COURT:

I think we would call Andy Lindhold and

Daniel -- you said Daniel? Daniel Corral, your Honor. And then I’ve been informed that

alternate number two has informed the Clerk of the Court that her son may have been a customer of Mr. Prince at his barber shop. Apparently, her -- she recalled that over the weekend So, I would suggest

and has informed the Clerk of the Court.

that we bring her in to inquire further while we’re waiting for Mr. Simms to arrive. Agreed? Yes.

MR. KALOYANIDES: MS. WANG: THE COURT: Yes.

Agreed?

Is there anybody that objects to

MR. SWARTH: THE COURT: THE CLERK: THE COURT:

Agreed. (To clerk) Victor? Yes, your Honor? Does the jury know that we’re waiting for

THE CLERK:

I didn’t explain to them why, I told them

we’re running a little behind. THE COURT: (Pause) (Alternate Juror Two enters Courtroom at 9:19 a.m.)
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Okay.

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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 month. yourself?

THE COURT: for the record?

Would you just state your name, please,

ALTERNATE JUROR NUMBER 2: THE COURT:

My name is Sandra Scates.

Ms. Scates, the Clerk has informed that

over the weekend you recalled that your son may have been a customer or attended the barber shop that was referenced in the course of the trial -- I think Mr. Prince is the barber. that accurate information? ALTERNATE JUROR NUMBER 2: I don’t know who the Is

barber is or was, but it has come to my attention that yes, about 12 or 13 years ago, my son got his hair cut at a shop in Carson. THE COURT: And -I never met the barber

ALTERNATE JUROR NUMBER 2: because my son was a teenager. THE COURT:

Were you present at the barber shop

ALTERNATE JUROR NUMBER 2: parking lot for him to come out. THE COURT: hair cut there?

No, I would wait in the

And about how many times did he have his

Approximately? maybe once or twice a

ALTERNATE JUROR NUMBER 2:

THE COURT: barber at --

Do you know if there’s more than one

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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 sir.

ALTERNATE JUROR NUMBER 2:

I don’t know any details,

My son was a teenager and he did not want his mommy in

the shop with him. (Laughter) ALTERNATE JUROR NUMBER 2: So, I would call him on

his cell phone and ask him if he was ready and I would wait in the far corner of a parking lot. (Laughter) ALTERNATE JUROR NUMBER 2: So, I have no idea what it

looked like or who it was in there; how it was set up or -THE COURT: Is there anything that you ever saw,

heard, discussed that could in any way influence your decision making here? ALTERNATE JUROR NUMBER 2: THE COURT: No, sir.

Have you had any discussions with your

son since the start of the trial regarding the barber shop? ALTERNATE JUROR NUMBER 2: No, sir. We were

admonished not to discuss it with anyone. THE COURT: Is there anything else? No, sir.

ALTERNATE JUROR NUMBER 2: THE COURT:

Okay, thank you.

(Alternate Juror Two leaves Courtroom at 9:21 a.m.) THE COURT: MS. WANG: Are there any other matters to address? Yes, your Honor. First of all, in terms

of scheduling for this week, we’re currently on schedule as we
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estimated.

The only thing is that the Defense has estimated

that they will have Simms on for the rest of the week, the rest of these three days, and we wanted to ask the Court whether you wanted us to have our out-of-towners fly in for this week in case we were out of witnesses on Wednesday. THE COURT: Well, I think the Government needs to

have some additional witnesses. MS. WANG: We’ll have local witnesses, as many as we But -- I’m sorry -- for this week.

can here for next week.

But that still runs the risk that if Simms runs really short we might run out of witnesses on Wednesday. THE COURT: I don’t want to run out of witnesses.

We’ll end at 3:00 o’clock on Wednesday. MS. WANG: MR. ROGERS: THE COURT: MR. ROGERS: THE COURT: MR. ROGERS: 3:00 o’clock? Your Honor? Yes. I -Mr. Rodgers, yes. Just a scheduling issue for me, because All right, your Honor.

I can catch a flight; at 5:30 Wednesday night is the last flight to St. Louis. matter what? THE COURT: MR. ROGERS: THE COURT: Yes. Okay. So that would -Are we going to end at 3:00 o’clock no

Does that give you enough time to --

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MR. ROGERS: MR. SPEAKER: MR. SPEAKER: (Laughter) THE COURT: MR. SPEAKER: THE COURT: MR. ROGERS: THE COURT: 2:00 o’clock. MR. ROGERS: MR. SWARTH:

Does it? No. If I’m driving.

Where are you heading to? Everybody’s shaking their head no. Where are you heading to? To St. Louis. Okay. I go out of LAX.

Why don’t we -- we can stop at

Thank you. Your Honor, if I may, I had brought to

the Clerk’s attention that I have what I believe is a discovery problem. If I may -THE COURT: MR. SWARTH: Please. -- flush it out. On Friday, a number of

us were allowed into the offices of the United States Attorney to conduct an informal interview of Mr. Simms. During my

questioning of Mr. Simms, he indicated that some new facts that I was not aware of regarding some money he says my client brought from St. Louis to him. I inquired further about when he had disclosed this - and my notes are a little unclear. I seemed to have taken

note that it was disclosed in one of his proffer sessions. Over the weekend, I sent an e-mail to the U.S. Attorney asking
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to identify when that occurred, because I could not find it in any of my notes or any of the discovery that I had. I received

an e-mail back saying that no, this was something that came up during prep for trial. Now, these are statements of Mr. Simms. inconsistent with his other statements. They are

But for the fact that

I was in this meeting on Friday, I would never have known about them. I am very upset and I am wondering if the Court can aid

me in getting those statements or excluding them so that they cannot be used against my client. Because clearly, the And what I

Prosecution intended not to share them with me.

think is ultimate bad faith, putting my client at a severe disadvantage. It has already had an impact in that these are

the kinds of facts that I should have known about because they would have affected my cross-examination of Mr. Smith. And

that has now passed and I’m in the position of having to call Mr. Smith as a new witness on Direct. I ask for the Court’s assistance. THE COURT: MR. SWARTH: I’m not sure what you’re requesting. Well, I’m asking for an Order to the

Prosecution to reduce Mr. Simms statements to writing so that I may have them to cross-examine him with them, at the very least. If not that, then I ask that the statements be

excluded. THE COURT: Has -- these are not written statements

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previously made by Mr. Simms, am I correct? MR. SWARTH: THE COURT: That’s my understanding. In the Q and A of Mr. Simms on Friday, he

mentioned additional information that you were not aware of previously, is that -MR. SWARTH: THE COURT: MS. WANG: Correct. Does the Government have any response? Your Honor, the Government does not When there are

believe they are inconsistent statements.

inconsistent statements that come up during trial prep, that’s something that we do turn over. .Otherwise, we turn over

everything that’s written and recorded as required under Jencks and Rule 16. That particular statement that Defense Counsel is referring to is Ralph Simms’s interpretation of a call on July 23rd, 2007. That’s a call that’s charged in the Indictment.

It’s a call in which it says that Simms told Lee he had given Corral money contributed by Lee and some of his own money to purchase cocaine. Indictment. So, it’s -- you know -- it’s in the

The Defense has received the actual telephone And so --

call; they’ve received the transcript of the call. it’s not -THE COURT: Is that your point? MS. WANG:

And there’s nothing more to turn over?

We turn over everything that’s written or

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recorded. THE COURT: MR. SWARTH: THE COURT: document they have. MR. SWARTH: Well, yes. But they have deliberately Okay. Your Honor, if I may? This is Jenks.

They have turned over every written

not created written documents of items that should be turned over. And I think that they’re hiding behind that. That --

well, this came up in preparation. is a new statement.

But it is a statement; it

It is an interpretive statement, according To say that a

to the prosecution, but it is new information.

statement by Mr. Simms that my client brought $69,000 to him in June of’07, that is not -- that’s not even an interpretation of the phone call. But if one reads it as an interpretation of

the phone call, which mentions no number and simply says in the course of the call, apparently Mr. Simms is relating to Mr. Lee, I gave my money along with the money you gave me. It doesn’t -- it’s completely new information. THE COURT: MR. ROGERS: issue? THE COURT: I would just remind Counsel regarding the I would just -Your Honor, may I be heard on this

Court’s standing order concerning discovery that needs to be turned over. page three. And that’s all covered on page -- commencing on If there’s a violation of that, the Court will
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entertain proper motion at the proper time. Yes, Mr. Rogers? MR. ROGERS: Thank you, your Honor. Just for

purposes of the record, I think the Government’s representation -- we were also, and Mr. Meresak was present during that meeting and we’ve discovered that while no agents were taking notes during the time period in preparation for trial, that Ms. Wang was taking notes. And I find it -- I would call into

question the Government’s statements that they will turn over what they believe is an inconsistent statement per Jenks .

But they will not turn over any other hand written notes that they interpret as consistent with factual statements consistent with the witness’s statement. Under the -- I assume, under the I disagree and would just I believe if it’s not

argument that that is work product.

like to make it noted for the record.

work -- if it’s not impressions, trial strategy written on this notes, and those are factual statements coming out of the mouth of a perspective witness, that that is -- their obligation under both Rule 16 and Jenks to not only generate those hand

written notes into some form of a redacted report; certainly to turn those over to all Defense Attorneys prior to the commencement of trial. THE COURT: Mr. Simms? MS. WANG: I -- when I was talking to him about the Did the Government take a statement of

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calls that we were going to place on at trial, I took my own notes -THE COURT: MS. WANG: THE COURT: MS. WANG: THE COURT: for the Defendant? MS. WANG: notes. THE COURT: MS. WANG: THE COURT: Your notes regarding his statements? That’s correct. Any other information, impressions I have not, because those are my own Regarding --- as to what he said. -- his statement? Exactly. And have you produced those to Counsel

contained in your notes? MS. WANG: THE COURT: I’m sure there’s other information there. Anything else? Your Honor, on behalf of

MR. KALOYANIDES:

Mr. Burris, I join and I don’t have a specific instance as Mr. Swarth has, but AUSA Wang did, when I inquired, when I first met with Mr. Simms a week prior to this last Friday, she did inform me that it was the practice not to take notes during these trial prep sessions. However, just to echo Mr. Rogers

point, if there are actual notes of statements, even if the piece of paper has attorney impressions, those impressions can under the rules be redacted, but the statements themselves are
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producible.

And the question here is whether or not the responsibility in

Government is actively avoiding its Jenks

Rule 16, the responsibility by taking a policy position of not taking notes, which would otherwise be discoverable in order to avoid providing the Defense with what it’s entitled to. But

here, I think what we have is clear, that there are notes of the statement. There are recorded statements. Whether or not

there are privileged protected work product would be up to the Court. And perhaps the Court should review these notes in

camera and make the decision. THE COURT: Well, yeah. I would invite Counsel to

make a formal written motion, then the Court will consider the motion. And any requests or remedy that you would like the

Court to entertain, please feel free to make it. Mr. -- do we have a new ETA on Mr. Simms? when he’s going to be here? MARSHAL SCOTT: Your Honor, he should be here within Do we know

the next five, ten minutes. THE COURT: Is he in the building? No, your Honor. He’s around the

MARSHAL SCOTT: corner. THE COURT:

He’s still at MBC? No. He’s coming from Santa Ana City I spoke to them about So,

MARSHAL SCOTT:

Jail and they were in route with him.

ten minutes ago and they were passed -- about in Commerce.
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it’ll be another five, ten minutes before they get here. THE COURT: Why was he late today? He was - he was left off the

MARSHAL SCOTT: calendar, your Honor. THE COURT:

Pardon? He was left off the calendar, your

MARSHAL SCOTT: Honor.

It was made -- when I came in this morning, and checked He was left at Santa

to see if he was here, he was not here. Ana City Jail. So, I --

THE COURT:

So, whose fault was it?

Was it Santa Ana

or was it the Marshals here? MARSHAL SCOTT: THE COURT: do? MARSHAL SCOTT: Honor. THE COURT: Last week, you -Yes, on Friday, your Honor. Failed to put him on the list, your It was our fault, your Honor.

And what did the Marshals office fail to

MARSHAL SCOTT: THE COURT: handle? MR. ROGERS:

Is there anything else that we can

A quick and easy matter, your Honor.

I

-- the Government has asked me to request from the Court, and we’re in agreement. There are plea negotiations or Plea

Agreements as it pertains to both Mr. Ralph Simms and Mr. Daniel Corral. Those agreements were previously filed

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under seal.

I am not sure if that filing or if they’ve been In any event, I intend to introduce I think it will

removed from that status.

those -- both those documents into evidence.

aid the jury in the subject matter that I will get into in cross. The Government has some concerns though, that if

they’re admitted into evidence, their protective order making sure that we don’t disseminate that as defense attorneys to our clients or any other individuals is still the order of the Court. So, if you would order that, they are in agreement that

I can proceed with doing as I requested. THE COURT: produced? Yes? MR. ROGERS: requesting -THE COURT: MR. ROGERS: THE COURT: MR. ROGERS: For attorneys eyes only? Yes, sir. Any objection to that? And I think they want them not They’ve been produced. I’m simply So, you are requesting that they be

disseminated to our clients, also. MS. WANG: THE COURT: eyes only. MR. ROGERS: THE COURT: THE CLERK: Thank you. Okay, and we’ll just wait for Mr. Simms. Court’s in Recess. No objection, your Honor. Okay. They’re to be produced, attorneys

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(A recess was taken from 9:35 a.m. to 9:45; parties present) THE CLERK: in now. (The jury entered the courtroom at 9:46 a.m.) THE COURT: the alternates. Okay. We have the jury reassembled with Please have a seat. Your Honor, I’m going to bring the jury

All counsel are present.

We continue with the matter of The United States versus Mr. Beard, Prince, Dillon, Burris, and Lee. defendants are present with counsel. We’re starting late today because someone failed to notify the facility where the witness is being housed that he was required to be here this morning at 9:30, so he was late in arriving, and that’s why we’re starting a bit late this morning. I think we have new seats for our alternates. That was done over the All

Hopefully, they’re more comfortable. weekend.

We continue with the direct examination of the witness. I believe we started with the witness, Mr. Simms, on

Friday at 11:35 when we stopped at 12:00 o’clock. Your witness. MS. WANG: Thank you, your Honor.

RALPH SIMMS, GOVERNMENT’S WITNESS, PREVIOUSLY SWORN

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Simms - Direct / By Ms. Wang 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. WANG: Q Mr. Simms, when we last left off -THE COURT: THE CLERK: I’d just remind him he’s under oath. I’m sorry. Sir, once again, you’re For the record, would you DIRECT EXAMINATION (CONTINUED)

reminded you’re still under oath.

please state your name and then spell your last name. THE WITNESS: THE CLERK: THE COURT: BY MS. WANG: Q Mr. Simms, when we last left off, we were talking about Ralph Simms, S-I-M-M-S. Thank you, sir. Go ahead.

Oscar Dillon and Demetrius Flenory. A Q Yes. Was there any legitimate business relationship, that you

are aware of, between Demetrius Flenory and Oscar Dillon? A Not that I know of. MR. ROGERS: MR. SWARTH: THE COURT: response stands. BY MS. WANG: Q Did you ever have a business relationship with Oscar Any kind of business relationship. Objection. Objection. He’s responded to the question. The Speculation.

Dillon? A

Yes.
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Simms - Direct / By Ms. Wang 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 What kind of relationship did you have? I used to broker deals for cocaine. During what time period were you brokering deals for

cocaine for Oscar Dillon? A Q A Q December, ’05, to around the time I was incarcerated. And is that November, 2007? Yes. Prior to the indictment in this case, did you know Oscar

Dillon’s real name? A Q A Q No. Did you only know him by his nicknames? Yes. Did you ever have a legitimate business relationship with

Oscar Dillon? A Q No. When was the first time that you brokered a cocaine

transaction for Oscar Dillon? A Q A Q A Q December, ’05. All right. And where were you living in December, ’05?

Lakewood, California. How long did you live at Lakewood? A year and a half. And where was Oscar Dillon the first time that you

brokered a cocaine transaction for him? A St. Louis.
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Simms - Direct / By Ms. Wang 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 That first transaction: Ten or 12 kilos. And how did Dillon pay for the cocaine? Cash. How much cash? I think it was like a hundred and ninety-some thousand. What was the price per kilogram? Fourteen thousand. And did you, in fact, send cocaine to Dillon for that How much cocaine was that for?

transaction? A Q A Q Yes. How did you get the cocaine to Dillon in St. Louis? He had his own driver. Who was the driver of that truck? Or, I’m sorry; who was

his driver? A Bobby Ramsey, Sr. MR. ROGERS: THE WITNESS: BY MS. WANG: Q A Q A Q A And what did Bobby Ramsey, Sr. drive? A Excursion, I believe. Is that an SUV? Yes. And did Dillon give you the cash? Yes.
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I’m sorry; I could not hear. Bobby Ramsey, Sr.

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Simms - Direct / By Ms. Wang 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 A Q How did he get the cash to you? I met him somewhere and picked it up. You met who somewhere and picked it up? Dillon. Where in Ramsey’s truck would you store the cocaine? In the back, at the very back of it. Was there a -It was a secret compartment at the very back of it. At the back of the SUV? Yes. You’ll have to actually answer instead of nodding. Yes. Did you make any profit from that 10 to 12-kilogram

transaction? A Q A Q Yes. How much did you make? I think like $7,000. Okay. Did you have any arrangement with Oscar Dillon as

to what your fee would be? A Q A Q of? A No.
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Yes. What was that arrangement? Five hundred dollars per kilo. Did Dillon have a supplier in St. Louis that you are aware

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Simms - Direct / By Ms. Wang 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 why did Dillon order cocaine from you in Los Angeles? MR. ROGERS: Objection. Calls for speculation. No

proper foundation. MR. SWARTH: THE COURT: THE WITNESS: MR. ROGERS: THE COURT: BY MS. WANG: Q What is the typical price of cocaine in Los Angeles during Objection. Hearsay.

If you know, you can answer. I guess there wasn’t none there to get. Objection. Sustained. Speculative.

this time period? MR. KALOYANIDES: THE COURT: BY MR. WANG: Q A Q A Q Are you familiar with cocaine prices? Yes. Are you familiar with cocaine prices in Los Angeles? Yes. And were you conducting cocaine transactions in end of Objection. Lacks foundation.

Well, you can lay some foundation.

December, beginning of 2006 -- I’m sorry -- end of 2005 and beginning of 2006? A Q Yes. What was the typical price of a kilogram of cocaine in Los

Angeles around that time period? A Fourteen thousand.
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Simms - Direct / By Ms. Wang 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 Do you know what the typical price is in St. Louis? No. Not really.

Do you know whether it’s a higher or a lower price in

St. Louis? A Higher. MR. ROGERS: THE COURT: BY MS. WANG: Q When was the next time you got cocaine for Oscar Dillon Objection. Speculative.

The response stands.

after that 10 to 12-kilo deal? A Q A I think it might have been like two weeks later or so. And how much cocaine was that for? I think anywhere -- 20, I believe. THE COURT: THE WITNESS: BY MS. WANG: Q A Q A Q A Q A Q How did Dillon pay for the 20 kilos? Cash. How much cash? I’m not for sure. Do you recall how much per kilogram it was? Fourteen thousand. And did he actually receive that cocaine? Yes. Did you send it to him?
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You need to speak louder, please. Yes, sir.

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Simms - Direct / By Ms. Wang 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 Well, I gave it to his driver. And who was the driver? Ramsey.

After that 20-kilo transaction, when was the next time you

brokered a deal for Oscar Dillon? A Q I think it was like a couple weeks later. So, in 2006, including that December, 2005, transaction,

how many times total did you get cocaine for Oscar Dillon? A Q Could you repeat that? From the end of 2005 to -- through 2006, how many times

total did you get cocaine for Oscar Dillon? A Probably about ten times; eight -- between eight and ten

times. Q A Q Eight to -Between eight and ten times, I believe. Who was the supplier of that eight to ten times? Who did

you get cocaine from? A I got it from two different people: one from a guy named

Little D, and the other ones from Kenyan Payne. Q you? A Q Anywhere from every two weeks to once a month. And how much cocaine total, approximately, did you get for In 2006, how frequently did Oscar Dillon get cocaine from

Dillon end of 2005 to 2006? A It probably was at least a couple hundred kilos.
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Simms - Direct / By Ms. Wang 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 in 2006, did all of those transactions result in you

sending Dillon cocaine? A Q A Q A Q for? A Q A Q A Forty kilos. Mr. Simms, are you a convicted felon? Yes. What do you have convictions for? Second-degree murder, conspiracy, drug conspiracy, and exAll except one. And what was that one? One was when a guy stiffed me and gave me some drywall. When was that? December of ’06. And how much cocaine was that transaction supposed to be

felon in possession of a firearm. Q A Q A The drug conspiracy you mentioned: Yes. When were you convicted of second-degree murder? I was charged in, I believe it was ’85, ’86, and I got Is that for this case?

convicted in like ’88. Q A Q A Q How much time did you spend in prison for that? Seventeen and a half, 18 years; somewhere around there. What year did you get out of prison? Two thousand three. And were you arrested again once you got out of prison?
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Simms - Direct / By Ms. Wang 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 Yes. What was that for?

Felon in possession of firearms; ex-felon in possession of

firearms. Q And what did you do after you got arrested for having a

firearm? A run. Q A Q A Q Where did you go when you went on the run? To Atlanta. And is that where you -Atlanta, Georgia. And what did you do for employment once you went to Well, I made bond. Then, after I made bond, I went on a

Atlanta, Georgia? A Q I started working for Demetrius Fleming -- Flenory. Have you ever used any other names, other than Ralph Simms

or Paco? A Q A Q A Q Leslie Parker. And is that a real or a false name? A false name; alias. And why did you use a false name? Because I was on the run. Let’s go back to your transactions with Dillon in 2006. How did you communicate with Oscar Dillon? Cell phone.
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Simms - Direct / By Ms. Wang 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 in 2006, what cell phone did you use to communicate

with Dillon? A Q Oh, I had a couple; I don’t know. Did you talk to anyone else using the cell phones you had

for Dillon in 2006? A Q 2006? A Q A Q A Q A Q A Q I think like three. Do you mean three at a time or three total for the year? Three total. How many would you have at any one time? That’s what I mean. Oh. Three. No. How many cell phones did you use yourself, personally, in

How many total did you have for 2006?

Maybe five. Would you change the cell phone that you used with Dillon? Yes. How often did you change your number with you -- between

you and Oscar Dillon? A Q A Once a month. And why did you change it once a month? Didn’t want to take a chance that the law enforcement

might have had them tapped. Q Was that your idea or Dillon’s idea to change it that

frequently?
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Simms - Direct / By Ms. Wang 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 MR. ROGERS: THE COURT: THE WITNESS: Objection. Speculation.

No; you can answer. I don’t really know. It was just

something that we was used to doing. BY MS. WANG: Q A Q Who would pay for the phone that you used with Dillon? Sometimes I would; sometimes he would. And what subscriber name did you use on your cell phone

with Dillon? A Q A run. Q You said earlier there was a transaction in December, Well, it was made up. I don’t know.

And why did you make up a name for your subscriber? Because I couldn’t use my own name, because I was on the

2006, where Dillon ended up not getting the cocaine; is that right? A Q A Q A Q Yes. And how much cocaine was that for? Forty kilos. And when did that occur? December of ’06. Did Dillon give you money to buy the 40 kilograms of

cocaine? A Q Yes. How much money did he give you?
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Simms - Direct / By Ms. Wang 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 think like 560,000. Did anyone else give you money for cocaine in that

transaction? A Q A Q A One other guy, yeah. And the other guy: One kilogram. How did Dillon get the cash to you for that transaction? His driver. MS. WANG: Exhibit 186. (Pause) THE COURT: (Pause) BY MS. WANG: Q Okay. Can you look on the screen? Can you tell me who Go ahead. Your Honor, I’m going to publish How much cocaine did that person want?

that is? A Q A Q A Q A Q Kenyan Payne. And what was your relationship to Kenyan Payne? A friend. I used to buy cocaine from him.

How long have you known Kenyan Payne? Since ’04 or ’05. And when did you start buying cocaine from Kenyan Payne? O-six. Did Kenyan Payne ever supply the cocaine you sent to

Dillon?
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Simms - Direct / By Ms. Wang 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.

In December, 2006, when Dillon gave you around $500,000 to

buy the 40 kilos, what did you do with that money? A Q A I gave it to Payne. And what did Payne do with the money? He went to buy cocaine. MR. KALOYANIDES: MR. ROGERS: Objection. Lack of foundation. No foundation.

Objection.

Speculation.

MR. KALOYANIDES: THE COURT:

Move to strike. The jury is

Motion to strike is granted.

ordered to disregard it for lack of foundation. BY MS. WANG: Q Did you receive anything from Kenyan Payne after you What did you ask Kenyan Payne to do with that

got -- oh. money? A Q A Q A Q A

I asked him to purchase cocaine for me. And did you later receive a shipment from Payne? Yes. And who did you receive that shipment from? Kenyan Payne. Okay. And what was in that delivery?

It was supposed to have been 40 kilograms of cocaine, but

it turned out to be 40 kilograms of drywall. Q A What is drywall? It’s a supply that’s used in building a house.
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Simms - Direct / By Ms. Wang 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 first -THE COURT: MS. WANG: MR. ROGERS: That was last week. THE COURT: identified. BY MS. WANG: Q A Q Did you and Kenyan Payne try to make it up to Dillon? Yes; Payne did. How did Payne make it up to him?
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Q A

And how was the drywall packaged? It was packaged as -- it was packaged up as kilograms of

cocaine. Q A Q A Q So, it was fake cocaine. Yes. Did Payne keep the $500,000 from Dillon? No. Did you and Payne try to make it up to Dillon? MR. ROGERS: Your Honor, I object to the Government

referring to these questions as “Dillon” when there has been no foundation that this witness can identify him, and there has been testimony that he didn’t know anyone’s name while dealing in this alleged conspiracy. MS. WANG: Your Honor, we did an identification the

Pardon? We did an identification the first time. I withdraw it, your Honor. I’m sorry.

I’ll withdraw the objection. That was last week, yes. He was

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Simms - Direct / By Ms. Wang 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 RedWelds. (Pause) MS. WANG: cocaine. BY MS. WANG: Q MR. KALOYANIDES: for speculation. THE COURT: THE WITNESS: If you know, you can testify. He gave him nine or ten kilograms of Objection.

Lacks foundation, calls

Do you know whether Payne gave him any other cocaine other

than that nine or ten kilos? A Q A Q No. You’re not aware? No. That was -- that was what he gave him.

Could you take a look, please, at Government’s Exhibits They’re in the RedWeld folders, and he may need

207 to 271. assistance.

THE CLERK: MS. WANG:

What’s the exhibit again? Two-o-seven to 271. They’re in the

And while you’re up there, could you also

take a look at the Government’s transcript exhibits, which are 207-A to 271-A. (Pause) BY MS. WANG: Q Could you turn back to 207 to 207-A? The physical exhibit.
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Do you have that in

front of you?

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Simms - Direct / By Ms. Wang 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 Two-o-seven. Of the actual -- the actual CD. Yes. Yes. Yes. What is it? A CD, a voice -- with all of the voice conversations, Do you recognize that?

phone conversations. Q A Q And have you listened to the calls on that CD? Yes. And when you looked through the transcript, Exhibits 207

to 271-A, did you recognize those exhibits? A Q A Q Yes. And what are those? They are the printout from the conversations. And have you reviewed the transcripts for accuracy while

listening to the calls on that CD? A Q Yes. And how do you know those are the transcripts that you

reviewed? A Q A My signature. On the transcripts? Yes. MS. WANG: Exhibits 207 to 271.
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Your Honor, the Government moves to admit

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Simms - Direct / By Ms. Wang 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. THE COURT: MS. WANG: THE COURT: Two-o-seven to two seventy -Two seventy-one. -- seventy-one. One moment.

MR. KALOYANIDES:

Your Honor, there are some gaps in

They’re not all actual exhibits yet. THE COURT: There are several gaps. Two thirteen, blank. All right. -- we need counsel to specify precisely Two-o-nine is

blank, for example. MS. WANG: THE COURT:

So --

the exhibits you’re offering. MS. WANG: THE COURT: MS. WANG: THE COURT: BY MR. WANG: Q A Q A Were you able to identify the voices on that CD? Yes. Whose voices were they? Daniel Corral, Robert Lewis, Martel (phonetic) Byrth, Actually -- yes, your Honor. Two -Were you -Go ahead.

Jeremy Steel, Roy Burris, Tracy Prince, Simms, Payne, Demond Lee, Adam, Demarco Bolen (phonetic), Wayne Joyner. MS. WANG: Your Honor, the Government moves to admit

207, 208, 210 through 212, 215 through 245, 247 and 248, 251 through 253, 257, 259, 260, 264, 268, and 271. MR. ROGERS: Your Honor, we object. Hearsay. Not in

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Simms - Direct / By Ms. Wang 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 furtherance of a co-conspirator statement. There is no

foundation that’s been laid to establish such. John Rogers on behalf of Oscar Dillon, your Honor. MR. SWARTH: Join on behalf of Mr. Lee. Join on behalf of Mr. Burris.

MR. KALOYANIDES: MR. ROSS: (Pause) THE COURT: THE CLERK: THE COURT:

Join on behalf of Mr. Prince, your Honor.

Victor, did you get the numbers? I didn’t get them all, your Honor. Okay. Let’s -- 207 is received over

objections; 208 is received. (Government’s Exhibit Numbers 207 and 208 were received in evidence) (Pause) MR. KALOYANIDES: Your Honor, for clarification,

these are the numbered exhibits, not the number with the letter “A,” correct? THE COURT: These are the audios, yes, the CD’s. Thank you.

MR. KALOYANIDES: THE COURT:

Two ten is received; 212 received.

(Government’s Exhibit Numbers 210 and 212 were received in evidence) MS. WANG: THE COURT: And also 211, your Honor. Two eleven received.

(Government’s Exhibit Number 211 was received in evidence)
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Simms - Direct / By Ms. Wang 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 sure. (Pause) THE COURT: THE COURT: Two fifteen to 245 -- I’ll just make

Two fifteen to 245 are received; 247 and

248 received; 251, 252, and 253 are received; 257 to 264 are received -- I’m sorry -- 257 received; 259 and 260 received; 264 received; 268 received; and 271. (Government’s Exhibit Numbers 215 through 245, 247, 248, 251, 252, 253, 257, 259, 260, 264, 268, and 271 were received in evidence) THE COURT: MS. WANG: BY MS. WANG: Q All right. Mr. Simms, could you please take a -- could Does that cover them all? Yes, your Honor. Thank you.

you please turn to the transcript, Exhibit 218-A; and just look up when you’re ready. (Pause) THE WITNESS: BY MS. WANG: Q A Q A Q A Do you recognize that? Yes. What is that? A phone conversation with me and Pops had. Do you know Pops’s real name? Wayne Joyner.
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Yes.

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Simms - Direct / By Ms. Wang 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 218. THE COURT: MS. WANG: THE COURT: MS. WANG: THE COURT: MS. WANG: THE COURT: BY MS. WANG: Q And, Mr. Simms, has this call been redacted for legal Two eighteen A? Q And if you could look at the face sheet, what’s the date

on that call? A Q A Q Seven -- 7/16/07. What is Wayne Joyner’s relationship to you? We both worked for Demetrius Flenory. And in 2007, did you have a business relationship with

Wayne Joyner? A Q A Yes. And what was that relationship? Brokering cocaine deals. It was involved with cocaine

with -Q A Okay. -- Daniel Corral. MS. WANG: Your Honor, I’d like to publish Exhibit

Publish the actual call, your Honor, 218. Oh, yes. And -And has the jury been given transcripts? Yes, your Honor. Okay. Go ahead.

purposes?
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Simms - Direct / By Ms. Wang 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 mistrial. please. THE COURT: (Pause) (Sidebar began at 10:20:59 a.m.) MR. ROGERS: your Honor. I think I have to, at this point in time, ask for a I believe the Government has violated the Court’s Quite frankly, I didn’t catch it John Rogers on behalf of Oscar Dillon, Yes. A Q A Ma’am? Has this call been redacted for legal purposes? Yes.

(Audio of Government’s Exhibit Number 218 was played from 10:14:35 a.m. until 10:20:25 a.m.) MR. ROGERS: THE COURT: MR. ROGERS: Your Honor? Yes. Your Honor, could I ask for a sidebar,

earlier motion in limine. until this call came in.

Specifically, this call that came in, in Exhibit 218, references an individual named “Gorilla,” who they claim is my client, Mr. Dillon. And then they go on to say through this

call, “Is he doing something bad,” talking about this 41-kilo transaction. And then they make reference to that he was to

“find that cat that got him,” which I construe as an act of violence directly attributable to the person that’s been
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Simms - Direct / By Ms. Wang 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 denied. previously identified as Oscar Dillon.

“Pos’d to find that cat

that got him,” I think refers to or implies an act of violence, which I thought the Government was going to stay away from, that I think is directly attributable to my client, and that the Court sustained that motion in the motion in limine. MS. WANG: THE COURT: MS. WANG: Your Honor, can I be heard? Uh-huh. I discussed this call with Simms, and he According to

does -- that does not refer to Oscar Dillon.

Simms, he -- it was Kenyan Payne who was looking for the supplier who had cheated him. into that. explicit. THE COURT: MS. WANG: THE COURT: Yeah, make it explicit. Yes, your Honor. Thank you. The motion for mistrial is And I also am not going to get

If the Court wants, they can -- we can make that

Let’s continue.

(Sidebar concluded at 10:22:44 a.m.) (Pause) BY MS. WANG: Q All right. Mr. Simms, if you look at the bottom of where

it says page three on the transcript, there’s a line where Wayne Joyner asks you: A Q Yes. What was your understanding of what Wayne Joyner meant by
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“You talked to the gorilla”?

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Simms - Direct / By Ms. Wang 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 strike. strike. that? A That’s the way he referred to Dillon, as “the gorilla.” MR. ROGERS: THE WITNESS: I’m sorry; I can’t hear. He referred to Dillon as “gorilla.”

That was the nickname he called him. MR. ROGERS: Objection. That’s speculative. Move to

No foundation laid. THE COURT: You’re going to have to lay some

additional foundation. BY MS. WANG: Q In this call, did you understand when Wayne Joyner asked

you if you had talked to the gorilla? A Q A Yes. Do you know who Wayne Joyner meant by the “gorilla”? Yes. MR. ROGERS: THE COURT: Go ahead. Same objection, your Honor. Overruled. Subject to a motion to

BY MS. WANG: Q And what was your understanding of who Pops meant -- who

Wayne Joyner meant? A Q Dillon. Later in the call on that same page, you said, “He ain’t

doing nothing but saying the same shit, same shit about he doing bad. He got to try to figure something out.”
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Simms - Direct / By Ms. Wang 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 Uh-huh. What was -- what did you mean when you said that?

That, you know, that with the losses he had took from the

cocaine that, you know, he didn’t have no money and Pops was trying to get me to get him to spend money with him but, you know, he didn’t have any to spend hisself [sic]. Q A Q And who do you mean when “he didn’t have any money”? Dillon. Okay. And then on the next page at the top of the page, What did you

you said, “You know, with that 41 that time.” mean by that? A

I was talking about the 41 kilos where I purchased from

Ken and wind up with a dry wall. Q Okay. And then later Wayne Joyner says, “You-all made

that other one up though for him, didn’t you?” A Q A Yes. What was your understanding of what that meant? He was asking me did Payne had given him something from

that loss. Q In the next line, you say, “Some of it. And what did you mean by that? Some of it, not

all of it.” A

That they had -- the 9 kilos they had gave him to try to

make up for it. Q During that same -- in that same paragraph, you said, Was

“That mother, he was supposed to find that cat got him.”
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Simms - Direct / By Ms. Wang 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 your understanding that Payne was out there looking for the person who had cheated him? A Could you repeat that? I didn’t understand what you were

saying. Q A Q Okay. In that same paragraph --

Uh-huh. -- “And that old boy that supposed to have done that, they Do you see that?

supposed to got him.” A Q Yes.

Was it your understanding that Kenyan Payne was out

looking for the supplier who had cheated him? A Yes. But when he meant they had got him, he was saying

that the guy was arrested. Q Sorry. Could I just stop you there? It’s a “Yes” or “No”

question. A Q A Q A Q A Q A Q Yes. Okay. Yes. Where does Corral live? California -- Los Angeles, California. And what’s your relationship to Daniel Corral? We dealt cocaine together. Did you know Daniel Corral by any nicknames? D-nice, Hugo. And why did you call Daniel Corral “Hugo”?
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Do you know a person named Daniel Corral?

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Simms - Direct / By Ms. Wang 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 He was the boss. Like the brand name “Hugo Boss.” Back in 2004 when you

were working with Demetrius Flenory, do you know whether there was any relationship between Corral and Demetrius Flenory? A Q A Q A Q Yes. What was that relationship? Corral used to supply him with cocaine. To who? To Demetrius Flenory. What quantities of cocaine did Daniel Corral supply to

Flenory? A Q Anywhere between 4 to 500 kilograms. And back in 2004, do you know whether Corral knew Oscar

Dillon? A Q I don’t know. Let’s move forward to 2007. In 2007, who were you getting

cocaine from? A Q A Q A Q From Corral. Anyone else? And Payne. How many times did you get cocaine from Corral in 2007? Maybe four or five. And who did the cocaine -- who did you send cocaine to

that you got from Corral in 2007? MR. KALOYANIDES: Objection, assumes facts.

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Simms - Direct / By Ms. Wang 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: THE WITNESS: named Cuzo. Q A Q A ones. Q A Q A Q A Q Could you speak up? I can’t remember the other ones. And who is Cuzo? He’s a friend. I don’t know his name. Who is Robert Lewis? My nephew. And who is -- do you know Robert Lewis by any nicknames? Laweezy (phonetic), Black Boy. Overruled. Lewis -- Robert Lewis, Dillon, a guy

I can’t remember the other

You don’t know his real name? No. Okay. Could you take a look, please, at Exhibit 184,

which has already been moved into evidence? MS. WANG: Exhibit 184. BY MS. WANG: Q A Q A Q All right. Yes. Who is that? Robert Lewis. All right. Going back to 2007, in 2007 as far as you Could you look on the screen? And, your Honor, I’m going to publish

knew, was there any relationship between Corral and Oscar
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Simms - Direct / By Ms. Wang 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 laid. THE COURT: THE WITNESS: Overruled. Sometime in the -- I think in the Dillon? MR. ROGERS: Objection, speculative, no foundation

beginning of ’07 they met. MR. ROGERS: Objection, speculation. The witness has

previously testified that he was never present when the two of them were there. THE COURT: MR. ROGERS: THE COURT: Please don’t argue your objections. I’m sorry, your Honor. It’s not -- you’re going to have to make

it clear as to whether he’s testifying based on general information or from his own -- what he’s perceived -MS. WANG: THE COURT: MS. WANG: THE COURT: BY MS. WANG: Q 2007? A Q Yes. What was the relationship that you had with Corral and Did you have a relationship with Corral and Dillon in Yes, your Honor. -- and saw, heard and viewed. Yes, your Honor. Go ahead.

Dillon? A I used to broker cocaine deals.
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Simms - Direct / By Ms. Wang 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 //
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Q

And how would you -- how were paid for your part as a

broker between Corral and Dillon in 2007? A kilo. Q Danny would give me anywhere between 500 to a thousand a Dillon would give me 500 a kilo. Would they both pay you per transaction or did it depend

on the transaction? A Q Depend on the transaction. In 2007, how many transactions did you broker between

Corral and Dillon? A Q I think about three or four. And what quantities of cocaine were involved in those

transactions? A I think the first was, like, for 45 kilograms and then I

think 40 kilograms and 80 and then the last was a hundred. Q And was Ramsey Seener (phonetic) still responsible for the

transportation of cocaine to Dillon in 2007? A Q No. Who transported the cocaine in the transactions between

Corral and Dillon in 2007? A Q A A guy named Tweet. Did anybody else? And Lee. THE COURT: THE WITNESS: Who? Lee.

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Simms - Direct / By Ms. Wang 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. WANG: Q A Do you mean Demond Lee? Yes. MR. KALOYANIDES: THE COURT: BY MS. WANG: Q A Q A Q A Q A Who is Lee? A cousin. And what’s his actual name? Demond Lee. Do you see him in the courtroom today? Yes. Could you identify him by description? He’s slim, bald head. THE COURT: MS. WANG: THE COURT: THE WITNESS: BY MS. WANG: Q A Q A Q And what is Defendant Lee’s profession? Truck driver. What kind of trucks does he drive? Eighteen-wheelers. He has a blue shirt on. Objection, leading.

Sustained.

Identified Mr. Lee. Thank you, your Honor. Did you say Mr. Lee is your cousin? Yes.

Did you ask Lee to transport anything in his truck for you

in 2006?
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Simms - Direct / By Ms. Wang 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 Yes. What did you ask him to transport? Money -- money and cocaine. And was that for you or for someone else? For me. And how much cocaine are you talking about in 2006? I don’t remember. What about in 2007? Did you ever ask Lee to transport

drugs or money for you in 2007? A Q Yes. And who was the -- who were you sending drugs or money to

in 2007? A I wasn’t sending money. Money was coming back from the

sales of the cocaine. and Cuzo. MR. ROGERS: THE WITNESS: wasn’t being sent.

I was sending cocaine to Lewis, Dillon

I’m sorry.

I didn’t hear.

I was -- the money was coming -- money

Money was coming back from the sales of the

cocaine but I was sending the cocaine to Lewis, Cuzo and Dillon. BY MS. WANG: Q A Q And was the money coming back from St. Louis? Yes. How many times did Defendant Lee transport drugs for you

in 2007?
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Simms - Direct / By Ms. Wang 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’d be just a couple of times.

And of the couple of times that Defendant Lee transported

cocaine for you in 2007, how many times was that shipment being sent to Oscar Dillon? A I think -- I used to go back and forth but probably two or

three times. MR. ROGERS: THE COURT: personal knowledge? THE WITNESS: THE COURT: BY MS. WANG: Q In 2007, did Defendant Lee ever ship any other drugs Yes, sir. Objection is overruled. Objection, speculation. If you -- are you testifying from

besides cocaine for you? A Q A Heroine and marijuana. And when was that? Right around the time that we was locked up. Well, the

heroine was in the beginning of ’07. end of ’07. MR. SWARTH: THE WITNESS: beginning of ’07. BY MS. WANG: Q

The marijuana was at the

Sorry, I missed the first part. The heroine was somewhere in the

Could you take a look, please, at the Transcripts Exhibits What’s the

210-A and 211-A -- I’m sorry, actually just 210-A.
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Simms - Direct / By Ms. Wang 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 date of that call, according to the face sheet? A There’s nothing in here. MR. SPEAKER: THE WITNESS: BY MS. WANG: Q A Q 210? Yes. Sorry. THE CLERK: MS. WANG: May I assist? Yes. I got it. You got it? Okay. I can’t hear. It’s blank.

THE WITNESS: THE CLERK: THE WITNESS: BY MS. WANG: Q A

The date is 4/23/07.

And who are the voices on that call? Myself and Lee. MS. WANG: Your Honor, the Government requests

permission to publish Exhibit 210. THE COURT: Yes. You can go ahead.

(Government Exhibit Number 210 audio was played from 10:37 a.m. to 10:39 a.m.) BY MS. WANG: Q All right. On that first page of the transcript, you say

near the beginning, “What time you burning out?” A Yes.
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Simms - Direct / By Ms. Wang 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 on.” A What did you mean by that? What time was he leaving St. Louis coming this way? And he -- and Lee responds, “Soon as they load the shit What’s your understanding of what that meant? He was at work. So he was -- you know, the company he

worked for was loading -Q A Q A Q Do --- whatever merchandise he was bringing this way. Do you mean as a truck driver? Yes. And then you said, “’Cause old Hugo just called me.” What

did you mean by that? A I was talking about D-Nice had just called me. He wanted

to know was he around. Q A Q Is that Daniel Corral? Yes. And then you say, “He was like his people. It’s about 80

or 90 percent chance that it’s going come through tonight.” What did you mean by that? A Q That some cocaine was going to come through. And the next line, you said, “Now, Hugo, you know, Nice.”

What did you mean by that? A That’s what I was talking about Nice, you know, because He

the line -- he said, “Oh, you say one of your partners.”

thought I was talking about somebody else and I telling him,
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Simms - Direct / By Ms. Wang 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 no, I was talking Hugo or Nice. Q A Q Meaning Corral? Yes. And then later down that page, Lee says, “I need you to What was your understanding of what

give me that line, too.” that meant? A

To get another phone line. MR. SWARTH: THE COURT: THE WITNESS: Objection, speculation. Overruled. To get another phone line.

BY MS. WANG: Q And then you said, “All right. I got to find out where he

got that mother-fucker from.” A

What did you mean by that?

Hugo had a place where he used to get cell phones from and

so I was going to find out where he got it from so I could have went and got a couple for myself and Lee. Q Okay. Then Lee says, “Please, because I don’t know if I What’s your

had, like, talked to you on your cell phone.” understanding of what that meant? A

You know, we just always kept lines that we could talk to

each other on with nobody else. Q All right. And then on the next page, Lee says, “Soon as

I get that, I’m throwing these away.” A Soon as he gets another line, another phone line, he’s

going to throw the old ones away.
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Simms - Direct / By Ms. Wang 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 MR. SWARTH: THE COURT: BY MS. WANG: Q And then you say, “Cause I’m going to turn this motherWhat did you mean by that? Objection, speculation. Objection overruled.

fucker off anyway though.” A

I was talking about my phone because I had been -- I had

had it too long. Q Could you turn next to 253-A? Do you have that in front

of you? A Q A Q A Yes. What’s the date on the face sheet? 8/28/07. And who are the voices in that call? Myself and Lee. MS. WANG: Your Honor, the Government requests

permission to publish Exhibit 253. THE COURT: Yes.

(Government Exhibit Number 253 audio was played from 10:43 a.m. to 10:45 a.m.) BY MS. WANG: Q Mr. Simms, if you could turn back to the first page of

that transcript at the top, Lee says, “Yeah, my shit ain’t back to on.” A What’s your understanding of what that meant?

His cell phone was cut off, the cell phone that we used to

talk on.
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Simms - Direct / By Ms. Wang 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 then later down that page, you say, “’Cause he called

me and is, like, you know, tell me some of the people were following him down there.” A Q Who were you referring to in that?

I’m referring to Dillon. And what did you mean by, “tell me some of the people were

following him down there”? A Q Some agents was following him in Atlanta. And then later down the page in the middle, you say,

“Mus.” A Q A Q that? A Q I was asking was he back in St. Louis. All right. And then on the second page, Lee says, “I’ll Call Dude and see why he ain’t turning my Yes. And what did you mean by that? Muscles. It’s another nickname we call Dillon. What did you mean by

And you said, “Is he down there?”

call you later on. shit on.” A

What was your understanding of what that meant?

The phones we had at that time, Dillon had got those So he wanted me to call him. He didn’t pay his

turned on.

bill so he can turn his phone on. Q A Q A Who didn’t pay the bill? Dillon. Didn’t pay whose bill? Lee. The phone, the cell phone that Lee had.
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Simms - Direct / By Ms. Wang 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. Could you turn next to Exhibit 224-A? I’m sorry. Which one?

MR. SPEAKER: BY MS. WANG: Q A Q A

Do you have it in front of you? Yes. What’s the date on that call? 7/26/07. MS. WANG: Your Honor, the Government requests

permission to publish Exhibit 224. THE COURT: Please. Go ahead.

(Government Exhibit Number 224 audio was played from 10:47 a.m. to 10:51 a.m.) BY MS. WANG: Q A Q All right. Yes. -- where Lee says, “What about your one line with the body You go that on?” Mr. Simms, on that first page --

builder? A Q Yes.

What did you -- what’s your understanding of what that

meant? A Q A Q He’s talking about my line where me and Dillon talk on. Whether or not -It was working or not. All right. And then further down the page, you said, Me and him talked all day yesterday.

“Yeah, I think it’s on.

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Simms - Direct / By Ms. Wang 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 strike. THE COURT: MR. SWARTH: To the last question? Yes, your Honor. I think -- I don’t think I ran out of minutes on it.” you mean by that? A

I was just telling him I thought I still had minutes, you

know, ‘cause I had talked to Dillon all day yesterday on it. Q All right. And is the rest of the call about an unrelated

indictment in Atlanta? A Q Yes. Was Defendant Lee ever paid for his transportation of

drugs or money? A Q A Yes. Did you pay him? No. MR. SWARTH: foundation. MR. KALOYANIDES: Objection, lacks foundation. Move And I move to strike, Judge. No

MR. KALOYANIDES: your Honor. THE COURT: MS. WANG:

The last question and answer, yes,

May I have the question again, please? It was, “Was Lee ever paid for his

transporting drugs or money?” “Yes. And then, “Did you ever pay him?
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Simms - Direct / By Ms. Wang 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 the answer was, “No.” THE COURT: BY MS. WANG: Q All right. Let’s start over at the beginning of 2007. The motion will be granted.

Did you have contact with Daniel Corral at the end of January, beginning of February, 2007? A Q A Q A Q Yes. Did you contact him or the other way around? Vice versa. Who contacted who? Oh, when we first got in contact, I contacted him. Specifically, at the beginning of February 2007, I’m

asking who contacted who. A Q At the beginning of February? Yes. MR. SWARTH: THE COURT: BY MS. WANG: Q Was there a specific transaction that you engaged when -I’ll object as vague as to time. If you can clarify, please.

in February -- the beginning of February 2007 with Corral? A Q Yes. And did Corral contact you or did you contact Corral with

regards to that transaction? A Q He contacted me. And what did Corral want?
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Simms - Direct / By Ms. Wang 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 not -THE COURT: MR. SWARTH: not a statement. THE COURT: MR. SWARTH: THE COURT: BY MS. WANG: Q Did Daniel Corral give you anything in February 2007 at Your objection is -- ground? Relevance and foundation. Overruled. Overruled. Well, I didn’t hear you. Your Honor, improper testimony. It’s MR. SWARTH: THE COURT: THE WITNESS: Objection, hearsay. Objection overruled. He wanted D-Boy to come out here so

that he could ship drugs back to Missouri, St. Louis. MR. SWARTH: Objection, your Honor, improper --

the beginning? A I believe it was cocaine and heroin. MR. ROGERS: speculation. THE COURT: It sounds speculative. You’re going to I’m going to object. Move to strike,

have to lay foundation. MS. WANG: BY MS. WANG: Q Could you take a look, please, at Exhibits 10 -THE COURT: The motion to strike would be granted. Yes, your Honor.

The jury is ordered to disregard the last response.
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Simms - Direct / By Ms. Wang 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. THE WITNESS: THE CLERK: Yes. Exhibit 11 is before the witness. BY MS. WANG: Q Could you take a look, please, at Exhibits 10, 11 and 12

that have been previously entered into evidence? A Ten, 11 and 12. MS. WANG: THE CLERK: Your Honor, he may need some assistance. Your Honor, Exhibit 10 is before the

Exhibit 12 is before the witness. BY MS. WANG: Q A Q A Do you recognize Exhibits 10 through 12? Yes. And what are those? Money. Money that I received from Corral to purchase

cocaine with. Q And when did you -MR. KALOYANIDES: speculation. Objection, lacks foundation,

Move to strike. Sustained.

THE COURT: BY MS. WANG: Q A

Did you have possession of that money? Yes. MR. KALOYANIDES: THE COURT: Same objections, your Honor.

Overruled.

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Simms - Direct / By Ms. Wang 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. WANG: Q A Q A Q When did you have possession of that money? February -- sometime around the beginning of February. Is that in 2007? 2007, yes. All right.

And where did you get that -- who did you get

that money from? A Q A Q A Corral. And what did Corral ask you to do with that money? He wanted me to purchase cocaine with it. How much money was that? I believe it was, like, 95,800. MS. WANG: Your Honor, the Government is about to --

is going to publish Exhibit 10. THE COURT: BY MS. WANG: Q A Q A Q And did you take that money from Daniel Corral? Yes. And what did you do with it? I purchased 8 kilograms of cocaine from Payne. What did Corral ask for in return for that money that he Please.

gave you? A Q A Eight kilograms of cocaine. Did Corral want the 8 kilograms himself? No.
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Simms - Direct / By Ms. Wang 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 strike. MS. WANG: THE COURT: MS. WANG: BY MS. WANG: Q Did you -THE COURT: BY MS. WANG: Q Did you then -- did you contact Payne regarding that The objection will be sustained. I’ll -Lay foundation, please. I’ll rephrase, your Honor. MR. KALOYANIDES: Objection, lacks foundation.

money? A Q A Q A Q A Q A Q Yes. What did you ask Payne? I asked him if he had $8. And what did you mean by “$8”? Eight kilograms of cocaine. Did Payne agree to take that money? Yes. And did you then give Payne the $95,800? Yes. Could you take a look, please, at the Transcript Exhibit Do you have it in front of you?

207-A? A Q A

Yes. What’s the date on that call? 2/1/07.
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Simms - Direct / By Ms. Wang 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 And who were the voices on that call? Myself and Payne. MS. WANG: Your Honor, the Government requests

permission to publish Exhibit 207 which is already in evidence. THE COURT: Yes, please.

(Government Exhibit Number 207 audio was played from 10:58 a.m. to 10:59 a.m.) BY MS. WANG: Q All right. And when you asked, you said, “What was I Oh, about eight, around $8, you know, what I What did you mean by that?

going to ask you?

told you that I wanted.” A Q A Q A Q A

I was asking for 8 kilograms of cocaine. Okay. Can you take a look next at 208-A? What --

2/1/07. That’s the date on the call? Yes. Who are the voices on that call? Myself and Payne. MS. WANG: THE COURT: Your Honor, may I publish Exhibit 208? Yes, please.

(Government’s Exhibit Number 208 audio was played from 11:00 a.m. to 11:01 a.m.) BY MS. WANG: Q In the call you said, “If he did do -- do take it, shit, I What did you mean by that?

put too much in there.”

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Simms - Direct / By Ms. Wang 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 -- I didn’t know if he was going to take the money

at first because of the way the money looked. Q A Q A Q A Now, when you say “he,” who are you talking about? Whoever his supplier was. Do you mean Payne’s supplier? Yes. And what does that mean, “I put too much in there”? The price should have been 93,100 and I put 95,200 in

there. Q A Q Ninety-three thousand for how much cocaine? Eight kilograms. All right. And then you said, “Cause when I add it up,

right -- when I add it up, 5-7, that would have been 93-1 and I put 95-2 in there.” A What did that mean?

When I had added it up, I added up the price, you know, I

just realized I had put too much money in there and I was asking him to take a couple thousand back out. Q A Q What does 95-2 refer to? 95,200. Did you subsequently receive 8 kilograms of cocaine from

Payne? A Q A Yes. And what did you do with the 8 kilograms of cocaine? I sent them to St. Louis with 30 other kilograms of

cocaine.
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Simms - Direct / By Ms. Wang 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 //
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Q A

And who was that cocaine going to in St. Louis? Steel -- believe it was Steel. THE COURT: Steel and Cuzo, I believe. We can’t hear

You need to speak louder.

you. MS. WANG: Yes, I’m sorry. Can you say that louder?

THE WITNESS: and Cuzo. BY MS. WANG: Q A Q A Q

I believe it was -- not Steel -- Lewis

And did Lewis and Cuzo send money back to you afterwards? Yes. What did you do with that money? I gave it to Corral. After that 8-kilogram transaction in February of 2007, did

you have a cocaine transaction with Oscar Dillon? A Q A Q A Q Yes. When was that? It wasn’t too much longer. Around March? I believe so. And how much cocaine was that for? MR. ROGERS: speculative. THE COURT: THE WITNESS: Overruled. It was for 40 or 45 kilograms. Objection, move to strike. Strike, I think it was March.

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Simms - Direct / By Ms. Wang 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. WANG: Q A Q A Q And how did Dillon pay for that transaction? That was fronted to him. By who? Corral. And when you say, “fronted,” can you explain what that

means? A Q A Q He gave it to him now. He’d pay later.

As in, who would pay later? Dillon. How did you send the cocaine out to Dillon in that

transaction? A Q A Q A Q A Q I’m not for sure if Lee took it or if Tweet took it. Who is Tweet? He’s a guy that -- he works for Corral. And what did he do for Corral? He would deliver cocaine. And how would he deliver cocaine? In his 18-wheeler. And after that transaction in March 2007, did you have

another cocaine transaction with Dillon? A Q Yes. I think it was maybe one more.

When was the next one? MR. ROGERS: Objection, speculation. He can’t even

say if it was one more, your Honor.
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Simms - Direct / By Ms. Wang 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 strike. THE COURT: BY MS. WANG: Q Did Dillon ever acknowledge receipt of that 80 kilograms Motion granted. THE COURT: The objection is overruled. State the ground.

do not argue your objection. THE WITNESS: believe, 80 kilograms. BY MS. WANG: Q A Q

I believe it was one more for, I

And when did that happen? Around April or May, I believe. And did you end up sending the 80 kilograms out to

St. Louis? A No. Corral did. MR. KALOYANIDES: Objection, lacks foundation. Move

of cocaine to you? A Q Yes. And after that 80 kilograms, did you have another cocaine

transaction with Oscar Dillon? A After that, it was for the hundred kilos that supposedly

came up missing. Q A Q A When was that transaction for a hundred kilos? July, I believe. Was Corral involved in that hundred-kilo transaction? Yes.
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Simms - Direct / By Ms. Wang 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 denied.
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Q

And did Dillon send money to you for that hundred kilos? MR. ROGERS: THE WITNESS: THE COURT: Objection, leading. No. Overruled.

BY MS. WANG: Q A Q I’m sorry? No. How was Dillon going to pay for the hundred kilos? MR. ROGERS: THE COURT: Objection, foundation. Let’s just -- so we have clarity, you can

testify what -- as to what you personally saw, what you personally heard and what you personally said. If the

information is based on information acquired from other people, let us know. THE WITNESS: THE COURT: BY MS. WANG: Q How was Dillon going to pay you for the hundred kilos of Yes, sir. Ask your next question.

cocaine? A Nice had, like, gave it to him up front and he would pay

later. MR. KALOYANIDES: to strike. THE COURT: The objection is overruled. The motion Objection, lacks foundation. Move

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Simms - Direct / By Ms. Wang 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 denied. BY MS. WANG: Q A Q A Q A Q A Q And did Dillon ultimately receive the hundred kilos? No. What happened? The driver said that somebody robbed him for it. And the driver, do you mean Tweet? Tweet, yes. And did you believe Tweet’s explanation? No. Okay. Could you take a look now at Exhibit 215-A? to strike. BY MS. WANG: Q A Q A

And how were you planning to send that cocaine to Dillon? Nice had sent it through his driver Tweet. And when you say, “Nice,” you mean Corral? Yes. MR. ROGERS: Objection. This is speculation. Move

Foundation as well. THE COURT: The objection is overruled. The motion

Do you

have it in front of you? A Q A Q A Yes. What’s the date on that call? 7/11/07. And who are the voices in that call? Myself and Marco Bohlen.
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Simms - Direct / By Ms. Wang 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 Who is Marco Bohlen? My nephew. And did you have any business relationship with Marco

Bohlen? A Q A Q Yes. What kind of relationship? We dealt heroin together. I’m sorry. You’ll have to speak up. I don’t -- I didn’t hear you. We had business involved in heroin.

THE COURT: THE WITNESS: MS. WANG:

Your Honor, the Government requests

permission to publish 215. THE COURT: Yes, go ahead.

(Government’s Exhibit Number 215 audio was played from 10:09 a.m. to 10:16 a.m.) BY MS. WANG: Q A Q Mr. Simms, has that call been redacted for legal purposes? Yes. In that first page of the call, you said, “I ain’t got Wish I did, fucking stressed out.” What were you

nothing.

talking about there? A Q A Q Money. I’m sorry? Selling -- it was talking about money. Oh, meaning you didn’t have any money?
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Simms - Direct / By Ms. Wang 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 Uh-huh. And why are you stressed out? Stressed out by everything that was going on with the

hundred kilos and the problems that I thought was about to come. Q Were you fearful of the Mexican suppliers that you owed

money to? A Q I didn’t hear you. Were you fearful of the Mexican suppliers that you owed

money to? A Q Yes. And in the next line, Marco says, “Yeah. You talked to

Big Dog lately?” A Q A Q Yes. And what was your understanding of what that meant? He was talking about Corral. Then later down that page, you said, “That Mex, that mob”

and Marco says, “I’m talking about who he charged for the hundred.” A Q What does that mean?

I was talking about the Mexican drug cartel and -And then Marco says, “I’m talking about who he charged for What’s your understanding of what that meant? You

the hundred.” A

He was talking about who Nice was charging for it.

know, Nice basically was saying that me and Dillon owed him for it because he thought we was the ones that robbed him.
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Simms - Direct / By Ms. Wang 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 you’re saying Corral believed that you had robbed him? Yes. And in the next line, you said, “The driver dude claims -They say that the driver dude playing games

see, I don’t know.

or the people got him and he working with them now.” A Q A Q A Uh-huh. What did you mean by that? Like I said, when the guy called and said Tweet -Who’s the guy? The guy Tweet. When he called and said that three black

guys robbed him, I didn’t believed it from the get-go, you know, and that’s why I was saying that he was playing games. He must have took it hisself [sic] and was blaming it on the blacks. Q And then in -- further in that same paragraph, you said,

“But he talking about as soon as he got there, three brothers jumped down on him, told him it’s a robbery.” A Q A Uh-huh. What does that mean? That’s what the driver Tweet was saying. As soon as he

pulled up to the spot that they was supposed to meet at, three black guys jumped out on him and robbed him. Q And then later in that same paragraph, you said, “That’s What does that mean?

two tickets.” A

I was talking about it was damned near 2 million, the debt
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Simms - Direct / By Ms. Wang 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 for the cocaine. Q A So who owed that debt? When it first happened, Nice was saying that myself and

Muscles owed him because he felt that we robbed him but, you know, we was never trying to pay it. saying. Q And then further down that same page, you said, “Well, you He stated he swear to god he didn’t Who are It’s just what he was

know they talked to him.

have nothing to do with it, you know, that SA dude.” you talking about? A I was talking about Tweet.

Nice and them had talked to

him and he was sticking to the story that three black guys robbed him and that he didn’t have nothing to do with it. Q know. And then you say, “Because you know that Muscles, you You know, where it first me and -- you know, he the one

I was sending it to.” A I was telling him about where it was going, that it was

going to Dillon when the guy said the three guys jumped out on him and robbed him. Q All right. Next page. In the middle of the page, you

said, “But you know them, boy, them boys from the other side, they don’t want to hear that.” A Q A Uh-huh. What does -- what did you mean by that? I was talking about the guys that Nice worked for which
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Simms - Direct / By Ms. Wang 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 Mexican drug cartel. You know, they didn’t want to They want their

hear nothing about nothing getting lost. money. Q Okay.

And then the last page, you say, “And none I had, It was all I had. I had to give that What did you mean

had 20, 20 bucks, right? up. I’m down here.

I ain’t got a penny.”

by that? A I had like 20,000 left. All the money I had, I gave it

Nice to help go towards the debt. Q And then Marco then responds, “Let me make something

happen for I can shoot you something here.” A Q A He -What was your understanding of what that meant? When he got done doing what he was doing, which was

selling heroin, that he was going to send me some money. Q A Q A Q Was that to go towards the debt? That was just so I can have. Have money? Uh-huh. Could you take a look next at Exhibit 221-A? Do you have

that in front of you? A Q A Q Yes. What’s the date on that call? 7/23/07. Who are the speakers in that call?
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Simms - Direct / By Ms. Wang 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 Myself and Lee. MS. WANG: Your Honor, the Government requests

permission to publish 221. THE COURT: Yes, please.

(Government’s Exhibit Number 221 audio was played from 11:22 a.m. to 11:25 a.m.) BY MS. WANG: Q Going back to that first page, Lee says, “You ain’t talked

to that old Hugo?” A Q A Q Yes. What’s your understanding of what that meant? Asked me have I talked to Corral. And you said, “Nah, I ain’t talked to this mother-fucker This shit got me so stressed out. What did you mean by that? I don’t know what

yet, man.

the fuck to do.” A

I was just talking about, you know, everything that was

going on with the hundred kilos coming up missing and the potential problems that was going to come behind it. Q A Q A Q A Q Okay. Yes. -- at that point? Uh-huh. And then you say, “I talked to Tony, you know, his man.” Uh-huh. What did you mean by that?
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So you had not talked to Corral --

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Simms - Direct / By Ms. Wang 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 That was a guy that worked for Corral.

him and, you know, I was asking him about Corral and what was going on but he hadn’t talked to him hisself [sic] at that time. Q Was there a period of time after the hundred kilos went

missing that you were not in touch with Corral? A Q A Q A Q Yes. Approximately what length of time was that? I think maybe September to around November. And did you try to call Corral? Yes. And then further down that page, you said, “If he done

something stupid, I’m going to blast his mother-fucking ass when I catch him.” A What did you mean by that?

If he had took the money that I gave him -- I was

responsible for other people money they had took it, I said I was going to kill him when I catch him. Q A Q Who? Corral. Next page. The top of the page, you said, “He ain’t never

did this.

You know, any other time I give him the change, like I gave him, you know, yours and

you say, he come right back. my last -- what was it, 20?” A Q Yeah.

What did you mean by that?
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Simms - Direct / By Ms. Wang 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 Normally when I give him money for drugs, you know, he

take the money and bring the drugs right back but around that time, he didn’t. Q A Q A Q A Q A Q Do you mean Corral? Yes. And then when you said, “I gave him, you know, yours.” I gave him -You gave who? Corral. I gave him Lee’s 68,000 and my last 20,000.

In order to what? Purchase cocaine. And then further down that page, you said, “No. I turned

it off.

Dude told me to turn it off ’cause I thought he say he What

talk to you and told you to jump on that other one, too.” did you mean by that? A

We were switching phones because the phone with me, him

and Dillon was on, that we were switching to a newer one that we had. Q A Q A So who is “Dude told me to turn it off”? Dillon. And why did Dillon want you to turn that phone off? We had been talking on that phone a while. So it was time

to switch to the next one. Q A Could you turn, please, to Exhibit 248-A? I didn’t hear you.
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Simms - Direct / By Ms. Wang 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
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Q A Q A

248-A.

What’s the date on that call?

8/18/07. And who are the voices on that call? Myself and Lewis. MS. WANG: Your Honor, the Government requests

permission to publish 248. THE COURT: Are we going to take the morning recess?

The schedule is going to be a little bit different the next couple of days. Please return back to the court at 12:30 and During your absence, do not

we will continue with the trial.

discuss the case amongst yourselves or with any other person. On Wednesday, we’re going to see if we can get everyone out by 2:00 o’clock. There’s some flights leaving and I’m trying to

accommodate Counsel. THE CLERK: All rise.

(Jurors exited the courtroom at 11:29 a.m.) THE CLERK: Court’s in recess.

(A lunch recess was taken at 11:30 a.m.; end of morning session)

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CERTIFICATION

I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the aboveentitled matter.

November 25, 2008_ __

TONI HUDSON, TRANSCRIBER

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