United States v. Bin Laden - Day 14 Transcript

7/27/2019 United States v. Bin Laden - Day 14 Transcript

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7 March 2001

Source: Digital file from the Court Reporters Office, Southern District of New York; (212) 805-

0300.

This is the transcript of Day 14 of the trial, 7 March 2001

See other transcripts:http://cryptome.org/usa-v-ubl-dt.htm

1884

1 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

2 ------------------------------x

3 UNITED STATES OF AMERICA

4 v. S(7) 98 Cr. 1023

5 USAMA BIN LADEN, et al.,

6 Defendants.

7 ------------------------------x

8

New York, N.Y.

9 January 8, 2001

9:55 a.m.

10

11

12 Before:

13 HON. LEONARD B. SAND,

14 District Judge

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1885

1 APPEARANCES

2 MARY JO WHITE

United States Attorney for the

3 Southern District of New York

BY: PATRICK FITZGERALD4 KENNETH KARAS

PAUL BUTLER

5 Assistant United States Attorneys

6

SAM A. SCHMIDT

7 JOSHUA DRATEL

KRISTIAN K. LARSEN

8 Attorneys for defendant Wadih El Hage

9 ANTHONY L. RICCO

EDWARD D. WILFORD

10 CARL J. HERMAN

SANDRA A. BABCOCK

11 Attorneys for defendant Mohamed Sadeek Odeh

12 FREDRICK H. COHN

DAVID P. BAUGH

13 Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali

14 JEREMY SCHNEIDER

DAVID STERN

15 DAVID RUHNKE

Attorneys for defendant Khalfan Khamis Mohamed

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1886

1 (Trial resumes)

2 THE COURT: The record will indicate that the Court

3 didn't sit on Monday and Tuesday, March 5th and 6th, because

4 of the weather conditions.

5 On March 6th I entered an order with respect to the

6 cross-examination of victim witnesses consistent with my

7 ruling the previous Thursday that crossed with a motion in

8 limine by the government dated March 5. In my March 6

9 memorandum I said, "If any defense counsel believes that the

10 vulnerability of the embassy or the failure to issue warning

11 or take other precautions is a valid defense issue as to

12 guilt, the Court should promptly be so advised, preferrably in

13 writing, and we will deal with this issue forth with."

14 I subsequently received a letter from Frederick Cohn,

15 which, I've been advised, is also to be sealed, and I have so

16 marked my copy, in which he makes certain observations but

17 does not contest that the vulnerability of the embassy or the

18 failure to advise Kenyans of any threats was relevant.

19 Does anybody have a contrary view? Silence is

20 acquiescence. I assume, therefore, that questions such as

21 that posed to Ambassador Bushnell at page 1876, line 16, "As

22 United States ambassador, did you ever warn the Kenyans about


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23 threats made against U.S. embassies or U.S. facilities?" will

24 not be asked of any of the victim witnesses and that the

25 matter need not be addressed before the jury.

1887

1 At some point today, not now and not in open court, I

2 would like to resume a dialogue which was begun last week with

3 respect to future timing of this case and what, if anything,

4 should be said to the jurors.

5 Any other matter which we should address before we

6 bring in the jury?

7 MR. KARAS: Your Honor, with respect to your Honor's

8 ruling regarding the in limine motion and Ambassador Bushnell,

9 we assume that that same ruling would apply to the witnesses

10 that would testify regarding the Dar es Salaam Embassy and the

11 Dar es Salaam bombing and any issues regarding vulnerability

12 and so forth.

13 MR. RUHNKE: No problem, Judge.

14 THE COURT: I think that's correct, yes.

15 Mr. Cohn.

16 MR. COHN: There will be some matters which should be

17 taken up before Agent Gaudin takes the stand, which I gather

18 will be right after the victims. I can do it now or I can

19 wait until the recess.

20 THE COURT: Let's do it during the recess and let's

21 bring in the jury and the next witness.

22 MR. BUTLER: Your Honor, one quick matter. We would


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23 request that the victim witnesses not be sketched.

24 THE COURT: Not be sketched.

25 Is there a sketch artist in the courtroom? No. All

1888

1 right.

2 MR. RUHNKE: Just walked in, I think.

3 THE COURT: Ma'am, are you a sketch artist?

4 SPECTATOR: No.

5 MR. SCHMIDT: Your Honor, just so you're aware, we

6 have issues concerning the cross-examination of Officer Gaudin

7 that we would like to take up also.

8 THE COURT: Very well.

9 All right, so let's bring in the jury and the next

10 witness.

11 I just advise the marshals, then, if a sketch artist

12 comes and starts to sketch, that he or she been advised not to

13 sketch the faces of any of the witnesses this morning.

14 (Jury present)

15 THE COURT: Welcome back. Welcome back.

16 THE JURY: Good morning.

17 THE COURT: Before we begin, may I inquire whether

18 any jurors have seen or read any media reports over the trial

19 over the weekend or before trial today?

20 THE JURY: No.

21 THE COURT: Very well. The government may call its

22 next witness.

23 MR. BUTLER: Government calls Frank Pressley, your


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24 Honor.

25

1889

1 FRANK PRESSLEY,

2 called as a witness by the government,

3 having been duly sworn, testified as follows:

4 DEPUTY CLERK: Please be seated, sir. Please state

5 your full name.

6 THE WITNESS: Frank Pressley.

7 DEPUTY CLERK: Please spell your last name.

8 THE WITNESS: P-R-E-S-S-L-E-Y.

9 MR. BUTLER: May I proceed, your Honor?

10 THE COURT: Yes, please.

11 DIRECT EXAMINATION

12 BY MR. BUTLER:

13 Q. Mr. Pressley, how old are you, sir?

14 A. I'm 48.

15 Q. How are you presently employed?

16 A. I work with the U.S. Department of State.

17 Q. How long have you worked for the State Department?

18 A. 21 years.

19 Q. Where are you working for the State Department right now?

20 A. I'm presently assigned to our regional office in Florida.

21 Q. And where were you assigned before you were sent to the

22 regional office in Florida?

23 A. Frankfurt, Germany, and before that, Nairobi, Kenya.


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24 Q. And when were you in Nairobi, Kenya?

25 A. I arrived in Nairobi in February of 1997.

1890

1 Q. When did you leave Nairobi, Kenya?

2 A. August the 10th, 1998.

3 Q. Directing your attention to August 7th, 1998, do you

4 recall that day?

5 A. Very well.

6 Q. Where were you on August 7th, 1998?

7 A. The morning, Friday morning, I -- I'm the information

8 management officer. I handle all the communication activities

9 in the embassy -- computers, radios, televisions, telephones.

10 I was called with a problem in the mail facility.

11 I went to the mail facility, and the problem actually

12 had happened or originated in the GSO section. I left the

13 mail room facility and went upstairs to the second -- first

14 floor, I'm sorry, first floor, to the General Services Office.

15 MR. BUTLER: I would like to publish what has been

16 previously entered into evidence as Government Exhibit 801D,

17 as in dog.

18 THE COURT: 801D, as in dog.

19 Q. Mr. Pressley, where was the General Services Office

20 located within the embassy?

21 A. The GSO office is on the first floor.

22 Q. Is this the correct floor?

23 A. I don't have my glasses.

24 Q. Why don't you just ignore that.


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25 Why don't you just describe for the jury where it was

1891

1 located, what side of the building it was located on.

2 A. Well, the GSO office is a large office. The office I went

3 to was the main GSO office, the supervisor GSO office, in the

4 corner of the building, facing Moi Avenue.

5 Q. And where was it located in relationship to where the rear

6 parking lot and co-op house was located?

7 A. Okay. The GSO section, like I say, it swung all the way

8 around from Moi all the way to the back. The actual GSO

9 office is in the back of the building in the corner, right

10 beside procurement and across from Customs and shipping.

11 Q. And do you recall exactly where you were around 10:30 in

12 the morning?

13 A. I went to the senior GSO office and the person,

14 supervisor, was not there. I was standing in front of the GSO

15 secretary's office and I initiated a conversation with

16 Michelle O'Connor, then GSO.

17 Q. Who is Michelle O'Connor?

18 A. Michelle O'Connor was the general services officer in that

19 office and also a good friend of mine. She was also my

20 neighbor.

21 Q. And do you recall what you were discussing at the time?

22 A. Well, we had a problem with the fax system and I was

23 discussing her procedures, her staff that were having

24 problems, continuous problems with those procedures.


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25 Q. What happened while you were having this conversation?

1892

1 A. Well, I completed the conversation and I was about to

2 leave her general office and then she started discussing, you

3 know, personal things like "see ya later" and "see ya

4 tonight." We often went out together because her children,

5 her three girls, and mine played together. So we were kind of

6 talking about personal stuff.

7 I went to the secretary's desk and I said goodbye and

8 made a note to the senior GSO that I came by to discuss the

9 problem, and then Lydia Sparks and Jay Bartley entered the

10 office.

11 Q. Let me go back a second. Who else was in the office when

12 you were having this conversation with Michelle O'Connor,

13 about how many people?

14 A. I believe there was five, Rookia Ali, Michelle O'Connor,

15 Lydia Sparks entered and Jay Bartley entered, and there

16 were -- some of them were going in and out at the same time so

17 I don't know who those other people were at the time.

18 Q. Who was Jay Bartley?

19 A. Jay Bartley was one of the -- I think he was a college

20 student, actually was a college student there, was the son of

21 Jay Bartley, Sr., the consul general's son.

22 Q. What happened after you began to leave the procurement

23 office -- the GSO office? I'm sorry.

24 A. Well, it was interesting. It was a Friday morning and I

25 was surprised that Jay and Lydia were there.


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1893

1 THE COURT: What happened, sir?

2 THE WITNESS: Oh, what happened?

3 THE COURT: What happened?

4 THE WITNESS: What happened was I started to leave

5 the office and Rookia was talking to me, and I could see out

6 the windows from where I was standing. Where I was standing,

7 I could see out both sides of the building, two sides of the

8 building. There was a glass on that side and I saw people

9 running away. You know, I wasn't sure why.

10 And as I faced toward Michelle O'Connor's office, we

11 saw the same thing -- people running away, screaming and

12 making noise. I really didn't know what was going on and I

13 wasn't going to pay much attention until I heard some noise,

14 and the noise was like firecrackers or small explosions, small

15 fire -- you know, noises.

16 Q. What happened after you heard these small firecracker

17 noises?

18 A. Then the screaming got louder and people were really

19 scattering across the streets. But I didn't think much about

20 it. I wanted to go down the hall and go back to my office.

21 So I turned to go down the hall and I heard a larger

22 explosion. It was large like a tire exploding, a backfire on

23 a truck or something, and that caught my attention, of course.

24 Q. And what happened after you heard this louder explosion?

25 A. Almost everyone that I saw ran to the window in the


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1894

1 procurement section, looking out the window, and I turned to

2 Ms. O'Connor and Jay Bartley and Jay Bartley started walking

3 down the hallway. I said, I got to go, I don't know what this

4 is. I turned to my right to go down the hall, and then all of

5 a sudden I was flying. A loud explosion, huge impact. It

6 just kind of picked me up and I just went through, flying

7 through the air.

8 Q. What happened after you went flying through the air? Were

9 you knocked unconscious?

10 A. I think for a few seconds I just kind of lost things. I

11 wasn't -- I hit the wall. I landed on the wall and I looked

12 up at the ceiling and I didn't really know what had hit me. I

13 was surprised, I mean, shocked, basically. And then I looked

14 up and I saw the -- I thought it was smoke. It seemed like

15 black burling smoke through the hallway, and I noticed that

16 basically the ceiling was gone.

17 And I tried to stand up. It was difficult. I stood

18 up, and from that point I just couldn't believe what I saw. I

19 looked around. I saw like chunks of blood or red, kind of

20 meat on the walls. Some of the walls were actually missing,

21 too. It was pretty shocking. I mean --

22 Q. Did you sustain any injuries as a result of the blast?

23 A. Oh, yeah. I lost part of my jaw. I lost a large section

24 of my shoulder. When I stood up, I actually, after I kind of

25 figured out where I was, I looked down and saw my bone


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1895

1 sticking up out of my shirt.

2 Q. And did you see Michelle O'Connor on your way out of the

3 embassy?

4 A. Well, I saw, I -- first of all, I heard a lot of noise,

5 people crying, screaming. And I did see, I thought, Michelle

6 O'Connor's body. But more than that, I saw some legs, a pair

7 of just man's legs with the pants on. But I still didn't

8 realize what was going on. You know, I thought maybe that the

9 boiler had blown up or -- I wasn't sure what had happened at

10 that point.

11 Q. And were you able to get out of the embassy?

12 A. I started walking to the hallway and trying to focus on

13 what had happened, not really sure what had happened. I tried

14 to go down the stairwell. One of the stairwells was

15 completely blocked, concrete door had blown off. So I went to

16 the other stairwell, and I started walking down the stairwell

17 and then someone came up behind me about halfway down and

18 started helping me down the stairwell.

19 Q. Did you eventually get out of the embassy?

20 A. I got out of the embassy. I stood in front of the embassy

21 after that and just watched. I couldn't believe my eyes.

22 Q. Was there anyone else inside the embassy that you were

23 looking for?

24 A. Well, as I stood there, I, in front of the embassy, facing

25 towards the embassy and people were all around me, I saw my


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1896

1 wife's boss walk in front of me, Mr. Cavalier. I asked him if

2 he had seen my wife because my wife worked for him. He didn't

3 seem to know anything. He was very nervous and crying and

4 worried about his wife, as I was.

5 Q. And did your wife make it out of the embassy?

6 A. Yes. She came down the steps eventually and she came over

7 to me from behind. I heard her voice. People were trying to

8 take care of me because I didn't realize that I was hurt as

9 bad as I was. As she came close to me, she was -- her eyes

10 got bigger and she started crying.

11 Q. Do you know what happened to Michelle O'Connor and Jay

12 Bartley?

13 A. Well, I know now. At that time I knew they were hurt, but

14 I didn't know how bad. I know now they were killed.

15 MR. BUTLER: No further questions, your Honor.

16 THE COURT: Any cross-examination?

17 MR. COHN: No.

18 MR. SCHMIDT: No, your Honor.

19 THE COURT: Thank you. You may step down.

20 (Witness excused)

21 THE COURT: Government may call it's next witness.

22 MR. BUTLER: Government calls George Mimba, your

23 Honor, M-I-M-B-A.

24 GEORGE MIMBA,


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2 DEPUTY CLERK: Please be seated, sir. Please state

3 your full name.

4 THE WITNESS: My name is George Mygit Mimba.


6 THE WITNESS: My last name is M-I-M-B-A.


8 BY MR. BUTLER:

9 Q. Good morning, Mr. Mimba.

10 A. Good morning.

11 Q. How old are you, sir?

12 A. I'm 35 years old.

13 Q. Where were you born?

14 A. I was born there Yaza Gzmet. Yaza is a province in

15 Nairobi, Kenya.

16 Q. Have you lived in Kenya your entire life?

17 A. Yes, your Honor.

18 Q. And how are you presently employed?

19 A. Say again?

20 Q. How are you presently employed? What is your job?

21 A. My job is information systems manager.

22 Q. And where is that?

23 A. That is in Nairobi. I'm in charge of American embassies

24 in Eastern and Central Africa, Nairobi's regional office.

25 That covers about five embassies.

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1 Q. So you work for the American Embassy?

2 A. Yes, sir.

3 Q. And how long have you worked for the American Embassy?

4 A. I've worked for the embassy for a total of 11 years. The

5 first four years with U.S. Aid, which is also an agency of the

6 United States.

7 Q. And were you working at the American Embassy on the

8 morning of August 7th, 1998?

9 A. Yes, sir.

10 Q. Where was your office in the embassy located?

11 A. My office was on -- I don't know how to explain it, but

12 when you come into the embassy it was on the first floor,

13 first floor when you arrived when you get into the building.

14 Q. And how many people worked in your office?

15 A. We -- right now or then?

16 Q. Back then, on August 7?

17 A. Back then we had one American who was the information

18 systems officer and three FSNs. Including me, we were four

19 Kenyans working on the embassy. So we were a total of five

20 people.

21 Q. What time did you arrive at the embassy, approximately, on

22 August 7th, 1998?

23 A. That day I was picked up early because I was supposed to

24 travel to attend an information systems managers conference in

25 Nakra. So they picked me up at around 6:30. We arrived at

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1 the embassy some minutes to 7 -- some minutes after 7, about

2 7:15.

3 Q. And what did you do at the embassy that morning?

4 A. When I got into the embassy, I started preparing to leave,

5 taking my money, having meetings with my staff, telling them

6 what I need done in my absence, and stuff like that.

7 Q. When you say you went to get your money, where did you go

8 to get your money?

9 A. The cashier was on the first floor. In between my office

10 and the cashier we had a telephone strong room and then the

11 lifts. So behind the lifts we had the cashier's office. So

12 that is where I went to get my money. The first thing in the

13 morning, immediately after the cashier had opened I took about

14 15 minutes before I went there. And so when I went there, I

15 found a queue of other people in the queue, the people who

16 wanted to cash their money for the weekend, some Americans who

17 wanted to go on a safari, like a tour or something, and also

18 the consular lady, the cashier who takes the money from Visa

19 applicants also was there.

20 So the queue was long when I went in the first time.

21 I decided to come back to the office and finish up sending

22 e-mails to my staff. When I went back the second time, the

23 queue was still long. That's when the lady spotted me, the

24 cashier, and shouted. Because back in Nairobi I was the

25 president of foreign service national, the non-Americans who

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1 work at the American Embassy, so I was the president. So when

2 I was leaving, they knew that I will be out. And so she saw

3 me and just welcomed me, please come, come, come and join the

4 queue. You don't need to sit in the queue, come and be at the

5 front. I want you to be served first because your flight is

6 at 11. And so I did not have to wait in the queue, I just

7 went to the front to be served first by the cashier.

8 Q. Do you recall about what time that was?

9 A. That was about 10:15, 16, 25, there, because I did not --

10 it did not take -- it was about 10:25 because it did not take

11 me about five or so minutes before everything went.

12 MR. BUTLER: Can we publish Government Exhibit 801D

13 again, please.

14 Q. Mr. Mimba, could you point out for the jury where the

15 embassy cashier's office is located on Government Exhibit

16 801D.

17 A. Where is the gate to the embassy here? I can't tell.

18 Q. If you look to the bottom left-hand corner of the screen

19 and move upward, do you see where the embassy cashier's office

20 is?

21 A. Now, which -- I don't know how this is --

22 Q. Let's ignore this. We're having some difficulty with

23 this.

24 Where did the embassy cashier's office face? Do you

25 know? Did it face on --

1901

1 A. It was facing the cooperative building side.


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2 Q. So it was on the first floor. Was it in the rear of the

3 embassy?

4 A. Yes, in the rear of the embassy, yes.

5 Q. What happened after you left the embassy cashier's office?

6 A. After I left the embassy, I know the lady haggled me

7 because she was really nice. So I just said bye to the people

8 who were in the queue. I told them I was sorry the lady made

9 me jump the queue. So they were all students, they were all

10 laughing because the lady was still joking and funny.

11 So after leaving the queue, I was heading back to my

12 office. I went back to my office, put the per diem, the money

13 I had in my briefcase, then I came out. As I came out of my

14 office, I met another lady. She used to work at the personnel

15 office, the lady Lucy Onono, and she stopped me. Then she

16 called me chairman. President there is like the same as

17 chairman. She called me chairman. I understand you are going

18 to Nakra. I said yes. What are you going to bring me?

19 That's what everybody was asking for, because if I go out

20 there, it's like I'm a father, I'm supposed to bring everybody

21 gifts and stuff like that.

22 Q. After you had this conversation with her, what did you do?

23 A. That is right in front of my office, facing the cashier,

24 because when you are slightly in front of my office, you

25 could -- there was a path through to the cashier's office. So

1902

1 you could see the people, like you go straight on and then you


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2 turn right to get to the queue. And so I had just come from

3 my office when I met Lucy.

4 Q. After you met Lucy, what did you do next?

5 A. After I met Lucy, I promised her, yes, I'll bring -- then

6 she told me to bring her an African dress and I told her I

7 would do so.

8 Q. Where did you go after your conversation with Lucy? What

9 did you do after that?

10 A. I went to my office then. I received a call from the late

11 Julian Bartley and Julian insisted that he wanted to see me

12 off. The previous night we had stayed with Julien until

13 around 10:30 at night. He was a good friend of mine. He

14 liked me and he used to tell me all about his background, how

15 he was raised up, how he admires the way I work hard, and they

16 encouraged me that I should keep on working hard, even told me

17 how he was raised up, how he went to school. The first day he

18 went to high school, I think the president asked him --

19 Q. Mr. Mimba, let's move on to --

20 MR. COHN: Your Honor --

21 Thank you.

22 Q. Where were you around 10:30 that morning?

23 A. Around 10:30 I was right in front of my office. After

24 talking to this lady, then I was -- I went back to my office,

25 was trying to send an E-mail, and then I heard the first

1903

1 explosion. It came like a tremor. And I don't know, somehow

2 I thought it was something outside the embassy. So I --


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3 somebody asked, what was that? Then I said, I think it's a

4 bomb, but I think it's somewhere. There's a place called

5 Lamaru, which is many miles from Nairobi, some miles from

6 Nairobi.

7 Q. So after you heard the first explosion, what happened

8 next?

9 A. Then people were rushing to the window. Then I thought

10 about locking my office before I could also join them. So I

11 was heading towards the open area, which was on the Budget

12 section, to see what people were going to see. And on my way

13 there, there was a computer room, which was a sealed room. On

14 my way there, just reaching the corner, that's when the second

15 deadly explosion came and --

16 Q. And what happened after the explosion came?

17 A. I didn't know where I was. I lost -- I didn't know. I --

18 the house came on me because the ceiling came on me. I was

19 thrown down. The house was dark. It was dusty. It was

20 smoky. Choking because the duct smoke somehow choked me, and

21 I could not open my eyes. I cannot see nothing.

22 Then I went down. I was thrown down. Then the

23 bodies were burying me. Then I heard people cry and some of

24 them were -- I could hear, I could get their voices and could

25 know, that's so and so's voice, but I could not open my eyes.

1904

1 I could not breathe. I could not do nothing. Though I

2 prayed. I said a prayer, about three seconds, that, Lord,


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3 just take my soul.

4 Then I remembered, I fumbled for my I.D. because I

5 remembered my dad and my brothers loved me so much that I

6 would want them to see my body. And so I was looking for a

7 form of identification where if I'm found, they would get an

8 I.D. It didn't occur to me that an I.D. would burn if the

9 house burns.

10 Q. Were you eventually able to get outside the embassy?

11 A. Yes. I started crawling after that when I could feel like

12 I was alive, I started crawling because I was choking. I

13 started moving torwards a place I could get fresh air.

14 Then all of a sudden I felt a breeze come from a

15 direction. I didn't want to open my eyes. I didn't want to

16 breathe. I started crawling towards that place. I didn't

17 know where it was. Then after reaching that place, I realized

18 there was a cold breeze coming from outside. So I started

19 moving towards that side. It was the window that had been

20 blown.

21 So as I moved, and I wanted to like keep moving, I

22 realized that I was at the edge. Then I slept there for some

23 time. I was shaking. When I opened my eyes, I saw the

24 garden, a green garden. I said, where am I? As I was moving

25 toward the window, I could feel people's -- could feel bodies

1905

1 of the dead people.

2 Q. Were you able to get outside the embassy to the garden?

3 A. Yes. After that, then I realized that I was looking for


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4 an I.D., I could not get it, I would like my dad to see my

5 body, so I have to jump, to die outside. So I looked at where

6 I was going to jump. It was far, and I closed my eyes because

7 I didn't know where I was going to die. I wanted my body to

8 be found by my dad. So I just closed my eyes and then jumped

9 through the window.

10 Then I landed on, on something, a sharp object. I

11 think it's the stand that was making the flowers stand upright

12 there. They were metallic, kind of. So I had something cut

13 me, my back and my knee and here. Then I went down. I was

14 not conscious for some time. When I raised my head, I

15 realized that I did not die.

16 Q. What did you see when you were outside the embassy?

17 A. When I came down, I saw like it was not the embassy that

18 has been bombed. Somehow I saw so many things, like the

19 houses. Then I realized that I thought the world was coming

20 to an end. I didn't know, I didn't know where I was.

21 Then I realized that if I sleep down there, I was

22 going to be buried because somehow I had the feeling that this

23 building is going to burn down. So I jumped. I climbed the

24 fence again. Then I jumped over to the pavement and I landed

25 out at the pavement next to the parking lot.

1906

1 Q. What did you see in the roadway on the roundabout outside

2 the parking lot?

3 A. Outside the parking lot I saw so many people. Then as I


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4 was lying down there I could see people run, running towards

5 my direction. Some were coming from the other direction.

6 Then there was this man who was running and he didn't

7 know that his intestine was out. His belly's been chopped off

8 so he's trying to hold onto his intestine at the same time

9 he's running.

10 Then when I came down, I saw an American lady and two

11 kids, two daughters. She's within the fence, crying for help.

12 Then she's crying, please help me, please help, help my kids,

13 help. Then I, after lying down, another object almost came on

14 me somehow, some object was flying down. I thought it was a

15 helicopter that's been sent to help people. I didn't know, it

16 was like something that was going to bang. I just missed me

17 and I rolled under it.

18 Q. What, if anything, happened to the lady and the two

19 children?

20 A. When I heard these kids cry, then I decided to run back

21 towards the embassy. Then I tried to pass my hand to reach

22 the kids. They were crying. They didn't know me. Their

23 mother is also crying. Then the mother convinced them,

24 please, honey, go, go, go, get out of here, go.

25 Then I, together with an American called Bob Gaudy,

1907

1 we moved next to the fence and we were able to lift the kid.

2 I passed my hand inside the fence. Then we were able to lift

3 the kid up to the sharp end and took the two daughters out.

4 I don't know whether the lady survived. I don't know


24/149

5 who she was. What I know is we were able to get the two girls

6 out to an ambulance that was somewhere.

7 Q. Did you go back into the embassy after this?

8 A. Yes. After this I tried to run away towards the railway

9 station to, like go out. As I was running, I realized there

10 was a Kenyan bus and another school bus that was shut down

11 where I could see everybody was dead, the driver. Then I said

12 wherever I go, I don't think I'm going to survive. Let me go

13 and save my colleagues in there who were still trapped.

14 So I headed back to the embassy and I saw a Marine by

15 the stair. He had a gun and he's crying also. He had -- I

16 think he was in pain. And then I tried to go and he told me,

17 please don't come in this house, it's weak. But I insisted.

18 When I went back in -- then I sneaked and went back in. Then

19 I sneaked to the first floor. That was where my office was,

20 and I, I --

21 Q. Why don't we publish what has been previously marked as

22 Government Exhibit 806A.

23 Mr. Mimba, is that you in that photograph in

24 Government Exhibit 806A?

25 A. Yeah.

1908

1 Q. And what's depicted in Government Exhibit 806A?

2 A. Your Honor, when I went to the first floor, the whole

3 place was squared. I could not open my eyes because I was

4 still choking, but I was fumbling for any, any, something,


25/149

5 anybody I could get. I was moving, kneeling, I'd been

6 crawling down and feeling the bodies. They're all dead.

7 Then another lady, I think -- I started calling out,

8 is anybody out there? Please, can you hear me? Can anybody

9 hear me? Then as I was heading back, another lady called me:

10 George, George, please help me. I did not want to open my

11 eyes. I did not want to -- so I started moving towards in the

12 direction where the sound had come from.

13 And as I was moving, feeling the bodies, I held to

14 something that made a move and I yelled, I said, this is the

15 lady who called me. I did not look at what I had held, I just

16 held the object tightly and started pulling the body, heading

17 back to where I had come from. When I came down and people

18 came down to help me, then I realized that the person I had

19 helped was a man. And the lady's voice kept coming back to

20 me.

21 Q. Do you know who this person was that you assisted out of

22 the building?

23 A. I don't know. I don't know, sir. It's been haunting me.

24 I really wanted to know if he survived.


1909

1 THE COURT: Any cross-examination?

2 MR. COHN: No.


4 (Witness excused)

5 THE COURT: Government may call its next witness.


26/149

6 MR. BUTLER: Government calls Samuel, NGANGA, your

7 Honor.

8 SAMMY NGANGA,



11 DEPUTY CLERK: Please be seated. Please state your

12 full name.

13 THE WITNESS: Sammy Nganga.


15 THE WITNESS: N-G-A-N-G-A.

16 BY THE COURT:

17 Q. Sir, if I could ask you to please try to keep your voice

18 up and speak, if you could, into the microphone, okay?

19 A. Yes.


21 A. I'm about 53 years.

22 Q. And where were you born?

23 A. Born in Kenya.

24 Q. Have you lived in Kenya your whole life?

25 A. I have lived in Kenya my whole life.

1910

1 Q. Going back to August of 1998, how were you employed?

2 A. In August of 1998 I was office at Ufundi Cooperative

3 House.

4 Q. If you could just maybe lean forward a little bit into the

5 microphone and try to keep your voice up, sir.


27/149

6 So you were in your office in Ufundi Cooperative

7 House?

8 A. Yes.

9 Q. And what type of business were you in?

10 A. When I was there around 10:30, I had --

11 Q. Mr. Nganga, what type of business were you in?

12 A. About 10:30.

13 Q. What business? What was your business in the Ufundi

14 House?

15 A. I was doing business of governmental. I was a

16 governmental dealer.

17 Q. And where was your office located?

18 A. The office was located Ufundi Cooperative House.

19 Q. Where in the Ufundi House?

20 A. First floor.

21 Q. And where in relationship to the American Embassy was it?

22 A. It was just adjacent to the American Embassy.

23 Q. Do you recall where you were about 10:30 in the morning on

24 August 7?

25 A. Yes.

1911

1 Q. Where were you?

2 A. I was in my office.

3 Q. And what do you recall happening around 10:30 on August

4 7th?

5 A. When I was in the office I heard a loud explosion, and we

6 were four of us in the office. I rushed out to the balcony to


28/149

7 see what it was, and before I could reach the balcony, another

8 powerful explosion occurred and I found myself down in the

9 rubble of the house.

10 Q. Let's go back just a moment. You say you heard an

11 explosion, correct?

12 A. Yes.

13 Q. And then you went out to the balcony of the Ufundi House?

14 A. Ufundi House.

15 Q. Where was that balcony located?

16 A. It was located on the first floor of the Ufundi House.

17 Q. And what did it look out onto?

18 A. I didn't reach the balcony which was overlooking the

19 American Embassy, I didn't reach it. Then another explosion

20 occurred, powerful explosion occurred, and I was buried.

21 Q. And then there was the second explosion?

22 A. Yes.

23 Q. And what happened after the second explosion?

24 A. After the second explosion, everything became dark. I was

25 buried in the rubble.

1912

1 Q. And what happened after you were buried in the rubble?

2 A. After I was buried in the rubble, I heard a quick -- I

3 went to my down to my pocket. I had matchbooks and I wanted

4 to see my position. And I found myself, I had spared about

5 four feet, four feet high and four feet wide.

6 So I then, so I was very hot and I started doing my


29/149

7 first aid. I tied my legs, the bones which were already

8 protruding from the skin. I tied the legs and then I tied my

9 leg, broken leg, to my right leg, which I hung up, and so I

10 started digging for the other foot. I was really tired and I

11 slept.

12 When I woke up, I, after sleeping, I dreamt having

13 been rescued. But when I woke up, I found myself in the same

14 position I was in the same in the rubble. So I just then,

15 before I could think about anything, I started -- I heard

16 another lady who was trapped inside. And we started

17 communicating with the lady who was trapped in the other

18 building where I was.

19 So after conversing with the lady for some time, then

20 the rescuers, I started communicating with the rescuers who

21 were on top. And they kept updating the movement, how they

22 were trying to rescue us and so that we could not worry, so

23 they were about to rescue us. I stayed there until I was, I

24 stayed there until I was rescued on the 9th, on the 9th of

25 August.

1913

1 Q. What day of the week was the 9th of August?

2 A. Saturday.

3 (Continued on next page)

4

5

6

7


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8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

1914

1 Q. So you were under the rubble from Friday August 7 till

2 Sunday August 9?

3 A. Up to the 9th.

4 Q. Will you publish what has been marked and admitted into

5 evidence as Government Exhibit 806-I.

6 Do you recognize Government Exhibit 806-I?

7 A. Yes.


31/149

8 Q. What is Government Exhibit 806-I?

9 A. That's rubble of the Ufundi house.

10 Q. Again, could you please sir, just lean forward a little

11 bit into the microphone so everybody can hear you?

12 A. This is the collapse of the Ufundi cooperative house.

13 Q. And how were you rescued sir?

14 A. What?

15 Q. Could you please just describe for the jury how you were

16 rescued?

17 A. The rescue part was a difficult one, and I had to keep on

18 banging the walls so that the rescuers could know where I was

19 located, and so sometimes they tell me to bang the wall, I had

20 to bang the wall. They tell me when they had to come around

21 they had to cut holes and he had torch and ask me where I

22 could see the light. So I could not see the light. They kept

23 on changing positions. Here I could see the light. So when

24 they asked me how long the light was I told them because about

25 four foot from where I was, but they asked me, could I hold

1915

1 them, I could not because my leg was already was broken.

2 I could not walk and I was badly off. And so they

3 came here and then they cut another hole, this where I could

4 see them on the top. So though I was talking they thought

5 where I was near and they followed me to where I was. So they

6 followed where I was talking. I was very badly off, and they

7 told me to give them my hand.

8 So I lifted my hand and they took my hand. Then I


32/149

9 forgot that I already tied my leg with a, my leg was broken so

10 I had to snatch it, and then I hit myself because I had a lot

11 of pain, and so then they find a way of coming down to where I

12 was. But it was difficult because there was no space, so they

13 had to leave so they could come and then they were cutting

14 some holes, cutting holes through. One of them was able to

15 come down to where I was.

16 Q. Now, were you communicating with this woman that you had

17 spoken about during this time?

18 A. The woman I was I came to know her as Lois, but

19 unfortunately she was not saved. She wanted to come out

20 before I was rescued, but I told her I was, it was a lock on

21 my side, so I told her I could just, they were nearer her and

22 they could rescue her. So I left her with a promise that they

23 had to rescue her within two hours, maybe because I thought

24 they could pass the same hole, but, unfortunately, they

25 couldn't, so it was not.

1916

1 Q. What was her name?

2 A. Lois Gadignu.


4 THE COURT: Thank you, sir. You may step down.

5 (Witness excused)

6 MR. BUTLER: The government calls Father John Kiongo.

7 JOHN KIONGO KARIUKI,



33/149



11 BY MR. BUTLER:

12 Q. Father Kiongo, if I could ask you to just keep your voice

13 up and try to speak directly into the microphone. You're a

14 Catholic priest, sir?

15 A. Yes, sir.

16 Q. And where are you a priest?

17 A. In Nairobi diocese Kenya.


19 A. Yes.

20 Q. And do you recall where you were on the morning of August

21 7, 1998?

22 A. Yes.

23 Q. And where was that?

24 A. I was in the Ruta parish where I am based in Nairobi.

25 Q. Where did you go that morning?

1917

1 A. That morning I went to the American embassy in town.

2 Q. And why did you go to the American embassy?

3 A. I went to the embassy because my brother was working at

4 the embassy and my niece wanted to go to America the following

5 week for studies.

6 Q. What did your brother do at the embassy?

7 A. He was working at the embassy, shipping department.

8 Q. In the shipping department?

9 A. Yes.


34/149

10 Q. About how old was your niece at the time?

11 A. Beg your pardon?

12 Q. About how old was your niece at the time?

13 A. She was 23 or so.

14 Q. What happened when you got to the embassy?

15 A. When we got, when I got the embassy, my brother came for

16 me downstairs, so we went to his office and before that we had

17 made a collection, and I was carrying the money so I was going

18 to take him to give him the money, so that he can be able to

19 buy the thing necessary for paying school fees when my niece

20 came to America.

21 Q. And where was your brother's office located, if you

22 recall?

23 A. I think it was first floor.

24 Q. And do you know which side of the building it was on?

25 A. That was, that was on the, it was not the left side of the

1918

1 main road. It was on the other side behind.

2 Q. Do you know what you saw when you looked out from your

3 brother's office?

4 A. Yes, when I looked out I saw the parking lot.

5 Q. The rear parking lot?

6 A. Yes.

7 Q. How many people were in your brother's office that

8 morning?

9 A. My brother had a big office, but on the corner was his


35/149

10 compartment, a small one, and so I was with him and my niece

11 we are three, but the other bigger office there are about six

12 people.

13 Q. And what happened while you were visiting with your

14 brother and your niece that morning?

15 A. When we, we counted the money, it was about 400,000 Kenya

16 shilling, and then my niece came later on because she came

17 after me, and then we were trying to see how the bank draft,

18 how many we are going to buy for her to come to pay for school

19 fees.

20 And then when we had done that, then my brother told

21 me, I think now, Father, you can go because Theresa can do the

22 rest. She will take this money. She will take this forms

23 downstairs to the bank and then she will get the necessary

24 things, and so that was that.

25 I did rise up when we heard a loud bang and then we

1919

1 stood up to look to see what happened downstairs. So we

2 looked, and for me it was an ordinary parking, but my brother

3 was saying that man is shooting that, that man is shooting.

4 What is going on there? So I was very worried. I wasn't

5 happy. I was worried.

6 And I sat down, and I held my face like this, and I

7 said a prayer because I knew this was the embassy, it was like

8 the foreign country, and might be things, if things go wrong,

9 then we don't know where we are going to end.

10 Q. Then what happened after that?


36/149

11 A. After that, there was now big thing that came, and then we

12 all shuddered to almost to death.

13 Q. You say you shouted. What happened after this explosion?

14 A. After the explosion everything fell down and when

15 everything fell on me, the desk, I don't know whether the

16 doors and I felt I was somewhere very far away, somewhere very

17 far away, nobody could hear me even when I was shouting.

18 Q. And did you hear anything at the time? Did you hear

19 anybody speaking to you?

20 A. Now, it's only after sometime then I heard people come,

21 and people saying, this one is not dead, this one is not dead,

22 get this one, and leave those who are dead alone.

23 So I knew from there my brother must have died, and

24 my niece is dead. And they took me out, and my right hand was

25 almost off, and so it was very painful, I had to cry out,

1920

1 because my, when my left hand was badly damaged, I could not

2 see. Also, I had lost sight, but I could hear a lot of

3 crying, a lot of noise, people praying, and people crying, and

4 so forth.

5 Q. And what happened to your brother and your niece?

6 A. They died.

7 MR. BUTLER: No further questions your Honor.

8 THE COURT: Is there cross-examination?

9 Thank you, Father. You may step down.

10 MR. BUTLER: The government calls Tobias Otieno.


37/149

11 TOBIAS OTIENO,




15 BY MR. BUTLER:

16 Q. Mr. Otieno, if I could ask you to lean forward just a

17 little bit, keep your voice up and speak directly into the

18 microphone.

19 How old are you, sir?

20 A. I am 51 years old.


22 A. When was I born?


24 A. I was born in Kenya.


1921

1 A. Yes, sir.

2 Q. How are you employed?

3 A. I'm employed by the US embassy in the Department of

4 Commerce as a commercial specialist.

5 Q. And how long have you been employed by the American

6 embassy?

7 A. This is my 30th.

8 Q. And were you at the embassy on August 7, 1998?

9 A. Yes, sir, I was at the embassy on August 7, 1998.

10 Q. Where is your office located?

11 A. My office was located behind the entrance, the ground


38/149

12 floor, that be directly behind the entrance front of the

13 embassy.

14 Q. And how many people work in your office?

15 A. At the time of August we are about, we are eight people.

16 Q. Do you recall what happened on the morning of August 7,

17 1998?

18 A. Yes, I can recall. It was a Friday, and around -- I was

19 in the office you know as usual on that day. And at around

20 10:30 a.m. I was on my desk together with my colleague who was

21 also sharing the office with me, and also another friend who

22 also was working at the embassy. So we were about three

23 people in the office at that time. And about 10:30 as I was

24 saying, we heard an explosion from behind the office and all

25 of us were curious about the explosion.

1922

1 We all asked what was the noise about or what was the

2 explosion, because we wanted to know. And it was what we

3 thought was a tire bus, you know, some huge tire bus behind

4 the office. And just within seconds after that initial

5 explosion, another big explosion erupted in the building and

6 we, within seconds the whole lights, the whole building shook,

7 and terrible outbreak.

8 I thought it was the end of the world. Really I

9 thought it was the end of the world, and in the Christian

10 sense I thought you know God has come to take his people,

11 because I didn't know what it was, and --


39/149

12 Q. What happened to you, Mr. Otieno?

13 A. I was thrown back on my chair, and I landed somewhere

14 which I didn't know, but I came to realize I came to learn

15 later that, you know, I was still sitting on the chair, but

16 what happened to me was that I lost my eyesight, the whole

17 thing went dark, my head was hot, my stomach I felt was bust,

18 and I lost, I lost all sense of relation at that time.

19 Q. How did you get out of the embassy?

20 A. After one minute or two minutes I heard the people crying

21 within the building, and I said, here I am. There are also

22 people crying for help, so my only salvation is also to cry

23 for help. So I join the others in the cry for help. And

24 somebody from behind me came and said, I will help you. So

25 the person came and they held my right hand, because my left

1923

1 hand was already gone, and led me towards climbing the debris.

2 And we went, we reach a wall which he asked me to

3 climb, and I tried to climb it with all my effort, and we were

4 on the wall until we reached a point where he asked me to jump

5 on the ground, and from there when I jump on the ground some

6 people who I later learned to be military or Marines helped me

7 into a waiting ambulance when I was taken to hospital.

8 Q. What injuries did you sustain as a result of the bombing?

9 A. I, my eyes, all my eyes were shattered by the exploding

10 glasses, I shattered my eyes, I lost my vision, and then I

11 lost my left hand on the wrist was severed off. It was

12 hanging by a thread, and I my four upper teeth, and several


40/149

13 wounds on my face and body.

14 Q. And what happened to your colleagues in the commercial

15 office?

16 A. Two of my colleagues died right there in the building, and

17 one colleague who was with me also within the building at the

18 time also suffered serious eye injuries similar to my

19 injuries, and, you know, body wound as well.



22 (Witness excused)

23 MR. BUTLER: The government calls Staff Sgt. Daniel

24 Briehl.

25 DANIEL M. BRIEHL,

1924




4 BY MR. BUTLER:

5 Q. Staff Sgt. Briehl, if I could just ask you to keep your

6 voice up and lean toward the microphone when you answer so

7 everybody can hear you. Thank you.

8 What branch of the service are you with, sir?

9 A. United States Marine Corp.

10 Q. How long have you been a Marine?

11 A. I've been in the Marine Corp for a little over six years.

12 Q. How old are you now?


41/149

13 A. I'm 30 years old.

14 Q. Where are you presently stationed?

15 A. I'm stationed in California at this time.

16 Q. And where were you stationed before California?

17 A. I was stationed as a Marine security guard in Nairobi

18 Kenya.

19 Q. And how long were you in Nairobi Kenya as a Marine

20 security guard?

21 A. I was there for 15 months.

22 Q. And what time period is that?

23 A. I reported there about three months before the bombing.

24 Q. Where were you on August 7, 1998?

25 A. I was in front of the embassy waiting on a Marine who just

1925

1 entered the building.

2 Q. To be clear, were you on duty that day?

3 A. No, I was off.

4 Q. And who were you with?

5 A. I was with the Marine driver, Sgt. Aaron Russell, myself,

6 and Jesse Alanga.

7 Q. What were you doing at the embassy that morning?

8 A. Sgt. Alanga had to cash a check at the bank and they were

9 going to go shopping that day.

10 Q. And where were you situated around 10:30 in the morning?

11 A. We were parked in front of the embassy in the front

12 parking lot facing the street.

13 Q. And what happened around 10:30 in the morning?


42/149

14 A. Sgt. Alanga was in the building longer then I expected him

15 to be, and I exited the vehicle and was going to walk in the

16 embassy and see what was taking him so long, when I heard some

17 gun fire, went back to the vehicle, and got Sgt. Russell out

18 of the vehicle.

19 I thought something was happening, maybe a carjacking

20 or a bank robbery. But just to be safe we were going to go

21 inside the building. And then we heard an explosion kind of

22 like a back fire, but a little bit louder, and then the

23 explosion happened.

24 Q. After the explosion happened, what did you do?

25 A. We ended up diving under a vehicle in the front parking

1926

1 lot for cover from falling debris, concrete, windows and such,

2 and then we got up off the ground, and ran into the front

3 steps of the building.

4 Q. And what did you do when you went into the building?

5 A. When I entered the building I could not see the Marine on

6 post one at all. Post one there was a lot of, it was

7 completely dark, a lot of soot. And I started calling his

8 name through the drop box, which is a small box where you can

9 slide IDs back and forth. I was getting no response. I look

10 to my left and saw some people trying to get out of the

11 counsulate section who were getting visas that day and they

12 were trying to exit the entrance door, which is a one-way door

13 only.


43/149

14 Sgt. Russell then began to guide them to the correct

15 door for them to leave the building. None of them seemed to

16 be badly banged up, and they got out of the building. My next

17 concern was seeing inside the embassy itself.

18 Q. Did you eventually get inside the embassy itself?

19 A. Yes. We entered the embassy and did not get inside post

20 one, as it's being locked and could not still see the Marine

21 on post one. I next tried to go to our reaction room where we

22 keep our gear at and to set off a perimeter around the

23 building.

24 There was rubble from the floor to the ceiling behind

25 post one in my way. I tried climbing over this, and the pile

1927

1 giving way, I slid down and expected to hit the floor, which I

2 didn't. I fell through open elevator shaft that had the door

3 blown off of it and proceeded to fall two stories down on to

4 my back.

5 Q. And what happened to you after you fell down this elevator

6 shaft two stories?

7 A. At that point I told myself I needed to get up. I didn't

8 land on the elevator, therefore, it was probably above me. I

9 worried about that or secondary explosion. I could see some

10 light coming in from the hallway. The doors were still closed

11 but partly open. I pulled myself up and pushed the doors

12 opened, and found some people in the hallway. Told them what

13 had happened, and that we needed to get them out of the

14 building and to a secure location and get them medical


44/149

15 treatment as they needed it.

16 Q. And what did you do next?

17 A. I then climbed the steps and found Sgt. Russell again

18 upstairs. And I was bleeding from my arm and my hand, and I

19 also had a pain in my back from the fall. He told me that

20 they were evaccing people to the hospitals and that they it

21 under control and he thought I should go get medical

22 attention.

23 Q. And did you go get medical attention at that time?

24 A. I went outside to where some of the doctors were, and I

25 saw some people running that way. I'll never forget a face of

1928

1 a gentleman who was wearing a white shirt was totally covered

2 in blood. And I told myself that I could still stand, I could

3 still do my job, and I went back up on the steps then and put

4 a set of gear on and took post on the front steps for a while.

5 Q. What happened to Sgt. Alanga?

6 A. Sgt. Alanga was found the next day, approximately 10 in

7 the morning, in an area of about four feet of rubble.

8 Q. Did he survive the bombing?

9 A. No, he did not.


11 MR. COHN: Briefly, your Honor.

12 THE COURT: Yes. Mr. Cohn on behalf of defendant

13 Al-'Owhali.

14 CROSS-EXAMINATION


45/149

15 BY MR. COHN:

16 Q. Thank you your Honor.

17 Sgt. Briehl, when you approached the embassy that day

18 did you notice, is there something called a swing bar at the

19 entrance?

20 A. Yes, there is.

21 Q. And did you notice something particular about the swing

22 bar that morning as you came in?

23 A. It was nothing wrong with the swing bar in the front

24 entrance.

25 Q. Excuse me?

1929

1 A. There was nothing to notice about the swing bar.

2 Q. Well, was the -- the swing bar is normally in a position

3 where it has to be unlocked, is that right?

4 A. It's in a down position. It has to be opened for a

5 vehicle to enter.

6 Q. That's right. And on that morning did you, do you recall

7 that the swing bar had been removed that morning?

8 A. The swing bar in front of the embassy was opened for us

9 when we drove up. It was intact.

10 Q. Well, let me show you, if I may, a report 3518-2.

11 May I approach the witness, your Honor?

12 THE COURT: Yes.

13 Q. If you'll take a look, Sgt. Briehl, at the third

14 paragraph. Read it to yourself. Don't worry about the

15 handwriting on the side. Just read it to yourself.


46/149

16 (Pause)

17 After reading that, do you, does that change your

18 recollection about what you saw that day?

19 A. No, it does not. The embassy was in charge of two swing

20 bars. There was one in the front and one in the rear. This

21 swing bar that I'm mentioning in the statement belonged to the

22 cooperative bank as it says, and so there was three swing bars

23 in the immediate area of the embassy. This one was towards

24 the rear of the building.

25 MR. COHN: All right. Thank you. I have nothing

1930

1 further.


3 (Witness excused)

4 MR. BUTLER: Your Honor, I believe the next witness

5 needs a Swahili interpreter. I would ask the interpreter to

6 come forward. The government calls Pinanah Muhoho.

7 PININAH MUHOHO,


9 having been duly sworn, testified through

10 the interpreter as follows:.


12 BY MR. BUTLER:

13 Q. Ma'am, where were you born?

14 A. West side.

15 Q. Is that in Kenya?


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16 A. Yes.


18 A. Yes.

19 Q. Do you recall where you were on the morning of August 7,

20 1998?

21 A. Yes.

22 Q. Where were you?

23 A. Ugi.

24 Q. Do you recall where you were about 10:30 in the morning on

25 August 7, 1998?

1931

1 A. Yes.

2 Q. Where was that?

3 A. I was coming from Ugi and I was coming through, from Ugi

4 went to the road call Haile Selassie. And we, I reached this

5 the bus station and the bus stopped there. We stopped there

6 at the bus station and there is a truck came by, there is a

7 car came passing out, stopped near to us.

8 Q. What type of vehicle were you in?

9 A. It was a bus.

10 Q. And you were located on Haile Selassie Avenue?

11 A. Yes.

12 Q. And where were you in relationship to the American

13 embassy?

14 A. I was in the bus stop near to the American embassy.

15 Q. And what did you see at that time?

16 A. It was a jam of so many cars and behind us was a pickup.


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17 Q. And what did the pickup do?

18 A. The pickup came and it came up to the stairs, one stairs

19 where they were standing near the embassy of the American

20 embassy. When it went up to the stairs, the pickup went up

21 one of the stairs and we are there standing, was which at the

22 bus station and they heard this paw.

23 And I some people start running and some people start

24 laying down on the floor. And the person I was sitting near

25 to me asked me, do you know what is that? Is a bomb. And the

1932

1 person who was in the car came out from the pickup, came out

2 and stand on top of the, at the door. He open the door and he

3 stand on top there. And they took out something long like

4 this size (indicating). And he was targeting like the upper,

5 the upper floor of the house.

6 Q. And then did you hear a second explosion?

7 A. After he stood up over there and he did with two hands and

8 a lot of noise came out, pop pop. And then he walk up to the

9 main door again to the stairs and again he did paw paw, and it

10 came out like a thunder storm.

11 Q. What happened to you after this thunder storm that you

12 heard?

13 A. And after that we was coming, we was running out of the

14 bus, and all of us was fall down. And after that I heard one

15 of the kids crying, help me, help me. And the other woman was

16 saying, help me.


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17 And then I touch my mouth and I found that I don't

18 have no teeth in my mouth. And I asked for help and pray.

19 And one person came and pulled her by hand, and then I heard

20 other people crying. And they tried, they pull us to the end

21 of the car and there was another person.

22 Q. And Ms. Muhoho, did you lose your eyesight as a result of

23 the injuries that you suffered in the blast?

24 A. In the time they was taking us and another woman to the

25 hospital that I realize I lost even my eyes.

1933



3 (Witness excused)

4 MR. BUTLER: The government calls Elijah Mutie Mue.

5 ELIJAH MUTIE MUE,




9 A. I'm now 37 years.


11 A. I was born in the Katri district, that's in Kenya.


13 A. Yeah, I have been there my whole life.

14 Q. And where are you presently employed?

15 A. I'm presently employed by Kenya secretarial consultants.

16 Q. And how long have you had that job?

17 A. What?


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18 Q. How long have you been employed at the present position?

19 A. It should be now around from 1994, around, about eight

20 years now.

21 Q. If I could just ask you to keep your voice up and try to

22 lean forward a little into the microphone. Thank you.

23 In August, 1998 where was your office located?

24 A. Our office was located in a building call the NHC,

25 National Housing Corporation on the first floor.

1934

1 Q. Where was that in relation to the American embassy?

2 A. It was about a hundred meters from there, from their

3 building.

4 Q. If we could publish what's been previously admitted into

5 evidence as Government Exhibit 805-A.

6 Look at Government Exhibit 805-A. Do you see your

7 office building there?

8 A. Yes.

9 Q. Where is it located?

10 A. There (pointing).

11 Q. If you could just describe it for the jury? Is it looking

12 to the bottom of the exhibit there you see a row of buildings

13 with a sort of bluish roof?

14 A. Yes.

15 Q. Is it located in that row of buildings there at the bottom

16 of the screen?

17 A. Yes, cooperative is a tall building next to it.


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18 Q. So it's the tall building directly behind the cooperative

19 house?

20 A. Yes, yes.

21 Q. Where were you on the morning of August 7, 1998, Mr. Mue?

22 A. That morning at around 10 I was in my office which is in

23 the first floor of that building.

24 Q. And what happened on the morning of August 7, 1998?

25 A. As I was sitting there I heard some, my office is next to

1935

1 a window, is facing the embassy, so I heard something like gun

2 shots, and I stood from my chair, I looked out the window,

3 because I just sitting in the window:

4 Then all of a sudden, you know, I heard a very big

5 blast, I mean blast, which, you know, after that was really

6 very difficult to say what happened.

7 Q. And what happened after you heard this blast?

8 A. Well, the blast was so big that, you know, I was standing

9 behind the window, has a window pane that's metal dividing the

10 window, and, in fact, that is the one that saved me, because

11 the glass which came from the window, after the blast that

12 window fell, hit me in my chest, and the glass and cut me, you

13 know, to pieces in my face. I fell down and I lost

14 consciousness for about ten, 15 minutes.

15 Q. And what injuries did you receive as a result of the

16 bombing?

17 A. I had several lacerations on my face here (indicating). I

18 almost lost this eye. A big one here (indicating). And I


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19 also had three ribs broken, because of being hit by that

20 window pane.

21 Q. And could you describe briefly the damage that your office

22 in this building sustained?

23 A. It was completely damaged because the partitions in the

24 office they all came down. The walls which were of course

25 wood partitions in the office, they came down.

1936

1 Q. And what kinds of businesses were located in your

2 building?

3 A. Recruitment bureau, but are also training computer, so you

4 had some computer its there.



7 (Witness excused)

8 THE COURT: The government may call the next witness.

9 MR. BUTLER: The government calls Moses Kinyua.

10 MOSES KINYUA,




14 BY MR. BUTLER:

15 Q. Good morning, sir. I ask you to please do what you're

16 doing, which is to try to keep your voice up and speak

17 directly into the microphone. Thank you. How old are you,

18 sir?


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19 A. I'm 40.


21 A. Used to work with the US embassy.

22 Q. I'm sorry. Where were you born? What country were you

23 born in?

24 A. I'm a Kenyan.

25 Q. And have you lived in Kenya your whole life?

1937

1 A. Sure.

2 Q. And you mentioned you are presently employed at the

3 American embassy?

4 A. Yeah.

5 Q. How long have you been working at the American embassy in

6 Nairobi?

7 A. For the last eight years.

8 Q. And on August 7, 1998 what job did you hold at the

9 American embassy?

10 A. I was holding a driver clerk job.

11 Q. Why don't you explain briefly to the jury what you did for

12 the embassy?

13 A. I was working with the Department of Agriculture, and we

14 used to go out for reports for trade and so on.

15 Q. Do you recall where you were on the morning of August 7,

16 1998?

17 A. I was at the embassy building.

18 Q. And what were you doing at the embassy building?

19 A. I was preparing for a trip to out of the town, up country


54/149

20 where we were going for a report.

21 Q. What happened on the morning of August 7, 1998?

22 A. During the preparation I was working in the second floor,

23 where the office was, and the vehicle was parked at the rear

24 gate of the embassy, so I was packing the vehicle and wrap ups

25 in the vehicle for the travel, and I was traveling down up and

1938

1 down from the office and to the vehicle.

2 On my way to the vehicle on my way back to the office

3 that's when the, this bombing happened, so I was on the

4 stairs. So I can't say much about whatever happened beyond

5 that because I lost consciousness.

6 Q. You said you didn't see anything at around the time of the

7 bombing? You were in the interior stairwell, correct?

8 A. Yes.

9 Q. And what happened to you after the bomb went off?

10 A. From the vehicle where I was the rear gate there is a

11 barrier, and another gate, and now the vehicle, my vehicle was

12 on the inner side, so --

13 Q. Let me just see if I can get you focused on the question.

14 You were at the interior stairwell. What happened to

15 you, sir, as a result of the bombing? What happened after the

16 bomb went off?

17 A. After the bombing I was hit and the head was blown open.

18 Half of it was got lost, the forehead and the ear, the eye,

19 and the rest of the part was crushed. So I lost consciousness


55/149

20 after that. So the construction was done later with the

21 plastic. So I can't say much about anything more, because I

22 lost consciousness.


24 THE COURT: Thank you. You may step down. We'll

25 take a recess.

1939

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1948

1 (In open court)

2 THE COURT: Let's bring in the jury and the next

3 witness.

4 (Pause)

5 THE COURT: While we're waiting, with respect to the

6 sketching of the faces of witnesses, the government is, in

7 advance of each day, going to give the marshals a list of

8 witnesses whose facial features are not to be sketched, and

9 the marshals will enforce that. Obviously that is a list that

10 somebody from CNN can also look at.

11 (Jury present)

12 THE COURT: Government may call its next witness.

13 MR. BUTLER: Your Honor, the government calls

14 Caroline Gicharu.

15 CAROLINE GICHURU,




19 full name.

20 THE WITNESS: Caroline Gichuru,



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22 THE WITNESS: G-I-C-H-U-R-U.

23 DEPUTY CLERK: U-R-U?

24 THE WITNESS: Yes.

25 DEPUTY CLERK: Thank you.

1949


2 BY MR. BUTLER:

3 Q. Ms. Gichuru, where are you from?

4 A. I'm from Kenya.


6 A. I was born and raised in Kenya, but I have been in the

7 U.S. on several occasions for treatment and training.


9 A. I'm employed at the American Embassy in Nairobi as a human

10 resources clerk.

11 Q. How long have you been employed with the American Embassy?

12 A. It will be five years May of this year.

13 Q. What was your position on August 7th, 1998, what was your

14 job?

15 A. I was a secretary to the personnel office at that time.

16 Q. Where was the personnel office located?

17 A. It was on the second floor of the embassy, which faced the

18 cooperative building.

19 Q. And how many people worked in the personnel office?

20 A. We were seven, but at that particular time, day, we were

21 six because the personnel officer was not in.


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22 Q. Were you in the office on the morning of August 7th, 1998?

23 A. Yes. That time I was at my desk.

24 Q. Could you please tell us what you remember about that

25 morning.

1950

1 A. Yes. I had a friend who had a birthday on that Saturday,

2 and also my colleague, her name is Lucy Onono, they had a

3 wedding anniversary that weekend. So we had agreed that that

4 day we would go out and buy some cards, and at that time I was

5 on the phone calling her to find out what time she wanted us

6 to go to the bookstore and get the card.

7 My other colleagues were behind me. They were

8 working on the Xerox machine, which was not working. There

9 were three of them. And while I was on the phone, I heard a

10 loud noise outside, but I didn't wake up to go and find out

11 what was happening because at that particular time there were

12 teacher strikes and the offices were housed at the cooperative

13 building. So I didn't stand to go. And after a while, I

14 don't know how long, I just felt like I was lifted and thrown

15 somewhere. And everything went dead.

16 I was out, but I don't know for how long, and when I

17 woke up I could hear a lot of voices. I could hear sirens

18 from outside and I could smell dust and I could feel blood all

19 over me. And I remember that we were many in my office, so I

20 was looking around to see where my colleagues were. And at

21 that time I saw one of my colleague's legs hanging up in the

22 air and that time I started feeling myself, I could feel blood


60/149

23 on my face. I looked at my hand and I could see right through

24 to the bone and that's when I started screaming for help.

25 I tried standing, but I can't. There was something

1951

1 heavy lying on my feet so I could not stand. But after I

2 shouted, the regional security officer by that time came and

3 he helped me out of the building.

4 Q. What happened to your colleagues in the personnel office?

5 A. They all died in the bombing that day.


7 MR. COHN: No questions, your Honor.

8 THE COURT: Thank you, ma'am. You may step down.

9 (Witness excused)

10 MR. BUTLER: Government calls Caroline Ngugi,

11 N-G-U-G-I.

12 CAROLINE NGUGI,




16 full name.

17 THE WITNESS: Caroline Gnugi.


19 THE WITNESS: N-G-U-G-I.


21 BY MR. BUTLER:

22 Q. Where were you born, Ms. Ngugi? Where were you born?


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23 A. I was born in Nairobi.

24 Q. Have you lived in Kenya, have you lived there in Nairobi

25 your whole life?

1952

1 A. Yes.

2 Q. Where are you presently employed?

3 A. I'm employed in U.S. embassy, the U.S. Department of

4 Agriculture.

5 A. In the foreign office, that's the residency of the United

6 States Department of Agriculture.

7 Q. How long have you been employed at the embassy?

8 A. This is my third year.

9 Q. And were you employed at the embassy on August 7th, 1998?

10 A. Yes. By that time I was only five months old in

11 employment.

12 Q. And were you working for the Department of Agriculture

13 office at that time?

14 A. Yes.

15 Q. Where was your office located?

16 A. It was on the second floor, second floor, at the corner.

17 The end of the corridor office, second floor.

18 Q. Where did it look out to?

19 A. It faced the cooperative and the Ufundi Building.

20 Q. How many people worked in the agricultural office with

21 you?

22 A. It's was an office of five people. The agricultural


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23 attache, the driver, the secretary and two agricultural

24 specialists.

25 Q. Were you in your office on the morning of August 7th,

1953

1 1998?

2 A. Yes.

3 Q. Could you please tell us what happened on the morning of

4 August 7, 1998?

5 A. Okay. Like any other office, they were all there and

6 ready to start off our day. I used to go to college in the

7 Ufundi House, but that morning for a strange reason I decided

8 not to go.

9 My other colleague we used to share the office with,

10 my colleague, Evans Onsongo, was killed in the blast, and

11 during that morning he came in around 9. He came in late for

12 work. We normally report at 7, 7:30. He used to report at

13 7:30 at that time but he came in at 9. The agricultural

14 attache was not there. He was on home leave. He was in the

15 U.S. And it was only me in the office and the secretary and

16 now our driver had also called in late.

17 And around just before 10:30, we heard a loud bang.

18 Evans was there, I was sharing the office with him, he was

19 seated cross to the window. I was, I used to sit cross to the

20 door and the window was next to the, or near the cooperative

21 building. So we heard a loud bang and he shrugged his

22 shoulders and asked me, Carol, what's that? And I was like,

23 in Kenya the teachers were on strike and I told him, oh, those


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24 must be teachers bombing the co-op house.

25 I stood up from my seat, he stood up and faced the

1954

1 building, and I went and leaned on him like a small baby, I

2 don't know why I did that, and from there I was -- I think we

3 were just knocked off. And I was unconscious for quite some

4 time. Then after some time I woke up and I couldn't see.

5 Part of my head was all shattered with glass and I was hot on

6 my left arm and my face was all shattered by glass. And I was

7 just breathing and the whole place was just open, it was like

8 an open.

9 I started walking towards the square. I could see

10 light and I could see his legs standing on top of the desk.

11 Me, I was under the desk, and I was desparate to, oh, God,

12 just save my soul. I woke up, and as I got towards the right

13 I grabbed on the window sill, the window from which you could

14 see outside, and just by God's luck that I didn't fall. And

15 it attracted a lot of attention from the crowd, and everybody

16 was like, don't jump, don't jump, because I could have fallen,

17 I could have just gotten down and died there.

18 And as I attracted a lot of attention, Marines from

19 somewhere stated, and just two guys came over, I remember it

20 was an American, and he carried -- he told me just come over.

21 And they carried me. There were two guys, they carried me

22 down and I was taken to the hospital.

23 Q. And the man who stood in front of you at the window, do


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24 you know what happened to him?

25 A. Yeah. He was killed in the blast.

1955


2 MR. COHN: No questions, your Honor.


4 (Witness excused)

5 MR. BUTLER: Government calls Dr. Gretchen McCoy,

6 your Honor.

7 DR. GRETCHEN McCOY,



10 DEPUTY CLERK: Please be seated. Please state and

11 spell your last name.

12 THE WITNESS: Gretchen Anne McCoy, M-c-C-O-Y.


14 BY MR. BUTLER:

15 Q. You're a medical doctor?

16 A. Yes.

17 Q. When did you graduate from medical school?

18 A. I graduated from medical school in 1973. Sorry, 1976.


20 A. I'm employed as a regional medical officer for the

21 Department of State.

22 Q. How long have you worked for the State Department?

23 A. Eight years.

24 Q. Where did you work in August of 1998?


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25 A. I was working at the American Embassy in Nairobi, Kenya.

1956

1 Q. How long had you been at the American Embassy in Nairo

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