Volume 1 of Trial Transcript For Fleming Daniels
Volume 1 of Trial Transcript For Fleming Daniels
Volume 1 of Trial Transcript For Fleming Daniels
4
UNITED STATES OF AMERICA ) DOCKET NO. 1:07-CR-233
5 )
) ATLANTA, GEORGIA
6 ) JUNE 11, 2008
V. )
7 )
FLEMING M. DANIELS, )
8 )
DEFENDANT. )
9
10 VOLUME 1
TRANSCRIPT OF JURY TRIAL
11 BEFORE THE HONORABLE ORINDA D. EVANS,
UNITED STATES DISTRICT JUDGE
12
13 APPEARANCES OF COUNSEL:
17
21
24
25
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1 P R O C E E D I N G S
3 IN OPEN COURT.)
6 YOU READY?
10 OPENING STATEMENTS?
15 COMPLICATED CASE.
17 (JURY PRESENT)
20 (JURY SWORN)
24 MR. MCBURNEY.
12 A TIME WHEN WE'RE DONE WITH WITNESS "A" AND THE JUDGE SAYS
14 YOU ARE THE FACT FINDERS. YOU ARE THE ONES WHO WILL
15 DECIDE IN THE END WHAT REALLY HAPPENED IN THIS CASE, BUT YOU
19 GOING TO SAY.
21 SAY. HE'S BEEN GIVEN REPORTS AND HE HAS EVIDENCE FROM THE
22 CASE. WE'RE TRYING TO SHARE WITH YOU THE FACTS OF THE CASE
25 ANSWER SOME OF THOSE. THE THREE THAT I WANT TO COVER ARE WHAT
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2 THE GOVERNMENT INTENDS TO SHARE WITH YOU AND HOW WILL THE
11 CONSPIRACY.
13 THAT DEFENDANT DANIELS WAS PART OF A GROUP, AND THAT GROUP HAD
15 DISTRIBUTE IS THE LEGAL TERM THAT CAN MEAN SELL. IT CAN MEAN
17 YOU SELL IT. YOU TRANSPORT IT. YOU'LL HEAR ABOUT EVIDENCE OF
25 DISTRIBUTE DRUGS, BY AND LARGE HIS ROLE WASN'T THE GUY WHO
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8 BRICKS, I GOT TWO BRICKS FROM HIM, I GOT TWO KEYS, THAT'S A
14 SHOW.
20 DISTRIBUTING COCAINE.
25 GOT THE BRICK, I GIVE YOU THE BRICK AND IN THIS CASE IN
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7 DEMETRIUS FLENORY.
9 OUTSET. CAN I TAKE NOTES? YES, PLEASE TAKE NOTES. THERE ARE
10 NO DO-OVERS. YOU ALL DON'T GET TO SAY AT THE END OF THE TRIAL
11 CAN YOU PUT THAT GUY BACK ON THE STAND AND ASK HIM SOME
13 THE PROCEEDINGS.
15 TRIAL. SO YOU DON'T HAVE TO TAKE NOTES. THE JUDGE ISN'T GOING
16 TO ORDER YOU TO TAKE NOTES, BUT YOU ARE ALLOWED TO TAKE NOTES
20 HAS A BMF 4 LIFE TATTOO ON HIS ARM. HE WAS PART OF THE BMF.
25 ATLANTA PEOPLE.
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3 CAR LIMOUSINES WILL PULL INTO A LOCATION, AND YOU'LL HEAR ABOUT
6 BOARD, BUT THESE LIMOS HAD WHAT WE CALL TRAPS. THAT'S THE
7 TRAPPED VEHICLE.
10 NICE, POSH LIMO, IT'S GOT A LITTLE BAR AND YOU CAN HAVE A DRINK
11 AND MAYBE THERE'S A TV, A FLAT SCREEN TV IN IT, BUT WHAT YOU
17 WHEN THOSE LIMOS PULLED INTO THE GATE OR SPACE MOUNTAIN OR THE
18 HORSE RANCH, THESE ARE ALL NAMES THAT WERE GIVEN TO ACTUAL
3 THE CUSTOMERS WOULD SHOW UP, AND YOU DON'T PAY YOU
4 DON'T GET. THEY SHOW UP WITH LOTS OF CASH. YOU DON'T BUY
9 COCAINE OUT OF THE STASH HOUSE. ALL THAT'S LEFT WERE DRUG
12 THESE WITNESSES THAT THE CASH GETS PUT BACK IN THE SAME TRAPS
20 LICENSES. IF YOU WERE PULLED OVER AND THE POLICE OFFICER SAID
22 IT BUT NOT YOUR NAME. IT WOULD SAY JAMES SMITH WITH A SOCIAL
1 AND YOU'D BE ON YOUR WAY, BUT THE NAME ON THE DRIVER'S LICENSE
6 AND SOME OF THE OTHER PEOPLE WHO WILL COME IN AND TESTIFY
7 SAYING I WAS PART OF THIS BMF CONSPIRACY WHO WILL SAY I HAD THE
8 SAME THING. THAT WAS ONE OF THE BMF SIGNATURES THE TENNESSEE
25 THAT'S HOW THEY KNEW HIM. THERE MAY BE SOME WITNESSES WHO WILL
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10
1 SAY I KNOW ILL REAL WELL AND WILL DESCRIBE ALL SORTS OF THINGS
2 THEY DID WITH ILL AND MAYBE EVEN IDENTIFY DEFENDANT DANIELS BUT
3 THEY'RE NOT GOING TO KNOW HIS REAL NAME BECAUSE HIS DRIVER'S
4 LICENSE DIDN'T HAVE HIS REAL NAME, BUT IF YOU HEAR ILL, SOMEONE
9 TO VIRGINIA TO GET THE MONEY, BRING IT BACK AND GIVE THE MONEY
10 TO DEFENDANT DANIELS.
12 THE BACK END. AFTER HE SOLD THE KILOS IN VIRGINIA, THEN HE'D
14 DANIELS.
17 CHARGED WITH, THE BMF COCAINE CONSPIRACY AND THE EVIDENCE THAT
18 WILL BE OUT THERE. PEOPLE WHO WILL TELL YOU HOW BMF WORKED.
19 PEOPLE WHO WERE PART OF BMF AND THEIR DRUG DISTRIBUTION, AND
20 YOU'LL HEAR ABOUT THE SPECIFIC DRUG DEALS IN WHICH MR. DANIELS
21 DIRECTLY PARTICIPATED.
25 THE JUDGE WILL INSTRUCT YOU ON IT, WHAT THE WITNESSES SAY AND
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11
3 THE EVIDENCE.
6 MEAN THERE WILL BE SOMEONE WHO WILL TELL YOU I UNLOADED THESE
7 LIMOS, TOOK THE BRICKS OUT, I COUNTED THE CASH, PUT THE CASH
8 IN.
14 FERRARI.
16 PEOPLE WHO BOUGHT BMF COCAINE, AND THEY'LL TELL YOU I WENT TO
17 THE GATE AND I'D SHOW THEM MY MONEY, THEY'D DO A QUICK COUNT,
19 COUNT THE BANDS. ALL RIGHT, THAT'S 40,000 DOLLARS. YOU CAN
20 HAVE TWO BRICKS. YOU GO TO THE NEXT ROOM. I GET MY DUFFLE BAG
21 WITH THE BRICKS AND I'M ON MY WAY. YOU WILL HEAR FROM THESE
22 CUSTOMERS OF BMF.
24 HEAR FROM SPECIAL AGENT JACK HARVEY AND A COUPLE OF OTHER FOLKS
12
4 DOCUMENTS.
5 WHAT THERE WILL NOT BE. HIDING THE BALL HERE. THERE
11 EVIDENCE.
22 INSTRUCT YOU THAT YOU CAN CONSIDER THAT. YOU CAN CONSIDER
25 HOME WHEN THERE WAS A FIRE. HE'S PAYING FOR HIS FERRARI.
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13
3 SOURCE OF INCOME.
4 NOW, I'VE TOUCHED UPON ONE ISSUE IN THIS CASE FOR THE
7 WELL THAT YOU NEED TO KNOW ABOUT BEFORE YOU START HEARING FROM
8 THESE WITNESSES.
10 WAS CONVICTED ELSEWHERE, GOT OUT OF JAIL AND JOINED THE BMF.
14 YOU'LL HEAR FROM THE WOMAN FROM THE DMV WHO HAS PLED GUILTY TO
16 LICENSES.
17 THESE ARE ALL PEOPLE YOU WILL HEAR WHO ARE FRIENDS
19 BRING YOU THE WITNESSES WHO KNOW ABOUT WHAT DEFENDANT DANIELS
14
9 STIGMA AND RISK THAT ATTACHES TO FOLKS THAT DECIDE THEY WANT TO
10 SHARE WHAT THEY KNOW WITH THE GOVERNMENT AND WITH YOU.
12 FROM SOME OF THE FIRST WITNESS WHO ARE COOPERATING AND TAKE THE
15
1 THAT WITNESS.
17 PROCESS.
20 IN ORLANDO AND THAT JUDGE WOULD DECIDE THAT THIS PERSON GETS
22 IT WORKS. THE WITNESSES WHO TAKE THE STAND WILL EXPLAIN THAT
16
12 GUYS. IF YOU FIND THAT THAT'S PART OF THE CONSPIRACY, YOU CAN
24 VOIR DIRE THAT BMF IS SOME GANGSTER RAP GROUP AND REALLY WHAT
25 THEY DO IS THEY MAKE MUSIC. IT'S MR. O'BRIEN'S JOB TO HELP YOU
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17
4 TRIAL WHERE WHEN WE ASK THE QUESTIONS YOU'LL SAY THAT SOUNDS
14 ADDRESS YOU A FINAL TIME, AND THAT'S WHEN WE ARGUE TO YOU WHAT
16 MS. SCHANSMAN WILL GET UP THEN AND TELL YOU WHAT THE
18
1 MINUTE THAT YOU ARE FOCUSING ON THE WITNESSES THAT WE CALL AND
13 YOU SO I'LL JUST TELL YOU A LITTLE BIT ABOUT MYSELF. I'M
19 GRADUATES FROM HIGH SCHOOL THIS YEAR AND HE'S VERY PROUD OF
19
5 WITHOUT YOU.
10 WE APPRECIATE THAT.
13 AND PROVIDE A VERDICT THAT SPEAKS THE TRUTH IN THE CASE, AND
14 I'M CONFIDENT AFTER TALKING TO YOU PEOPLE THAT YOU'RE THE GROUP
17 THIS STAGE OF THE PROCEEDING. THERE WAS A GRAND JURY THAT WAS
19 TO GO THERE.
20
11 IT.
14 WITNESSES THAT TAKE THE STAND AND THERE WILL BE SOME EXHIBITS
17 CASE, GIVE YOU THEIR VERSION OF WHAT THEY THINK THE EVIDENCE
18 CONSISTS OF.
21
1 OBJECT. YOU MAY SEE IT ON TV. I DON'T THINK TOO MANY OF YOU
2 HAVE TRIAL EXPERIENCE BUT ONE OR TWO OF YOU MAY HAVE BEEN IN
3 COURT BEFORE, BUT OBJECT, YOUR HONOR. I'M NOT TRYING TO HIDE
6 RULES.
22
10 HAPPENED.
11 LET ME BREAK THE CASE DOWN A LITTLE BIT FOR YOU. THE
14 THE GOVERNMENT MUST PROVE, AND YOU'VE HEARD THE TERM, BEYOND A
17 CASE.
22 COCAINE.
23
3 WORDS, SOMETHING WAS DONE THAT FURTHERS THE AIM OR THE GOAL OF
4 THE CONSPIRACY.
6 NUTSHELL, THOSE ARE THE THREE ELEMENTS THAT THE GOVERNMENT MUST
17 TERM MUSICIANS LOOSELY BUT THEY ARE RAPPERS WHO WRITE ABOUT AND
23 WHAT THE KIDS WANT TO HEAR. THAT'S WHAT KIDS WANT TO HEAR.
24
2 THEY TAP INTO THIS AND THEY SELL MILLIONS OF DVD'S AND CD'S AND
3 MAKE MILLIONS ON CONCERTS AND THINGS LIKE THAT. KIDS BUY IT.
4 YOUR KIDS BUY IT. MY KIDS BUY IT. THEY USED TO BUY IT.
9 BUT THAT'S WHAT HE WAS DOING IN THE 60'S. HIS LYRICS WERE NOT
12 STUFF. THAT'S WHAT HE WAS DOING AND THAT'S WHAT THESE RAPPERS
17 GENERATE HUGE AMOUNTS OF MONEY. THEY NOT ONLY SELL THESE CD'S
25
15 GOOD FRIENDS WITH SOME OF THE PEOPLE THAT ARE INVOLVED HERE.
18 DOUBT THAT.
20 HAVE WHAT THEY CALL CREDIBILITY. STREET CRED THEY CALL IT.
25 BUY MUSIC OR A DVD FROM A STUDIO GANGSTER AND THEY WON'T COME
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15 RAP INDUSTRY, AND FLEMING WAS ASSOCIATED WITH THESE PEOPLE AND
19 WITH THEM AND RAP CONCERTS, BUT HE NEVER ENTERED INTO ANY
27
2 DOLLARS ON JEWELRY AND THEY TRAVELED AND THEY PARTIED FAST AND
11 THEY SAW HIM SAW, SAW HIS NAME, SAW HIS PICTURE IN
13 THEY THREW THE NET OVER HIM, YOU KNOW, JUST AS MR. MCBURNEY
15 YOU IS HE DIDN'T HAVE ANY DRUGS ON HIM. THEY DON'T HAVE ANY
16 WIRETAPS ON HIM.
19 DRUGS AND UNLOADED THE CAR WITH MONEY, ANYTHING LIKE THAT,
20 THAT'S WHAT THEY'RE TRYING TO TELL YOU, BUT THEY THREW THE NET
24 CONFIDENT THE JUDGE WILL TELL YOU THAT BEFORE YOU WOULD BE
28
5 A FAIR TRIAL. THAT'S WHAT THE BOTTOM LINE IS HERE, AND HE'S
6 JUDGED ON HIS CONDUCT, NOT WHAT YOU MAY HEAR SOME OTHER PERSON
12 THEY HAVE A VERY STRONG CASE AGAINST HOPING THAT YOU WILL LOSE
14 THE STEW BECAUSE HE WAS THERE WITH EVERYBODY. THAT'S NOT FAIR
15 AND I'M CONFIDENT THAT THAT'S NOT WHAT YOU'RE GOING TO DO.
18 SERIOUS CRIMES, THEY GET LONG SENTENCES, AND THEY DO HARD TIME
22 SENTENCES, THE FIRST THING THEY DO AFTER THE SHOCK WEARS OFF IS
29
4 ANOTHER DEFENDANT.
7 AND NOW I CAN GET OUT IN ABOUT HALF THE TIME IF I CAN GET ON
8 THAT TRAIN. THEY SAY WHAT CAN I DO TO HELP, WHAT DO YOU NEED
14 HAND ON THE BIBLE AND SWEAR HE'S TELLING THE TRUTH NOW.
16 UNTIL THEY CUT THAT SWEET LITTLE DEAL WITH THE GOVERNMENT, AND
25 DISCRETION.
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6 FIND THE LORD WHEN THEY GOT TO PRISON AND BECOME GOOD
8 DOING THESE THINGS IS THEY WANT TO GET OUT OF JAIL. THEY WANT
13 BEST TO TRY TO POINT OUT TO YOU WHAT THE DEALS ARE. WHAT THEY
19 IT. I LOVE IT. I'M PROUD OF IT. RESPECTFULLY I'M NOT A TOUR
31
7 THE CASE AFTER YOU HEAR THE EVIDENCE, YOU HEAR THE WITNESSES,
9 IN THIS CASE.
12 YOU COME HERE, BUT I DO APPRECIATE IT, AND, AGAIN, WE CAN'T GET
15 SEQUESTRATION?
20 EXCEPTION.
24 OUTSIDE. IF WE SEE SOMEONE COME IN, WE'LL LET THEM KNOW, AND
32
5 RULE.
9 ANYONE EXCEPT FOR COUNSEL FOR EITHER SIDE OR THE CASE AGENT.
12 HARVEY.
14 OATH.
15 JOHN F. HARVEY,
18 STATE YOUR FULL NAME FOR THE RECORD AND SPELL YOUR LAST NAME
19 ALSO.
21 H A R V E Y.
22 DIRECT EXAMINATION
23 BY MR. MCBURNEY:
25 A. GOOD MORNING.
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3 ADMINISTRATION, DEA.
4 Q. DEA. THAT'S WHAT I WAS GETTING AT. HOW LONG HAVE YOU
23 YOU KNOW, GOOD SIZED, I'LL AT SOME POINT HAVE SOME CONTACT WITH
34
2 AND THEN SOMETIMES I'LL WORK WITH OTHER DEA OFFICES FROM
5 ALLUDED TO THAT FACT. WERE THERE OTHER DEA OFFICES WITH WHICH
9 Q. COULD YOU TELL THE JURY WHICH THOSE ARE, THE ONES THAT YOU
22 WHAT?
24 GRAMS.
35
24 588,000, 200,000.
36
4 INDICTMENTS BROUGHT?
9 Q. WHICH IS?
10 A. DETROIT.
11 Q. OKAY.
13 IN ORLANDO.
22 AS WELL.
25 A. THAT'S CORRECT.
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3 FROM DEFENDANT DANIELS, HIS CAR, HIS HOUSE, ANYTHING LIKE THAT?
5 Q. I WANT YOU TO SHARE WITH THE JURY A LITTLE BIT, WE'RE NOT
15 ANGIER COURTS.
23 AND BMF VEHICLES. THAT WAS THE FIRST TIME THAT I HAD SEEN BMF
38
4 A. THAT'S CORRECT.
9 INDIVIDUALS WHO HAD CASH TO SPEND BUT DID NOT HAVE CREDIT TO
10 OBTAIN BANK LOANS WOULD HAVE OTHER PEOPLE, THE STRAW, OBTAIN
11 THE LOAN, GET THE VEHICLE FOR A PRICE, FOR CASH PAYMENTS OF
12 MAYBE A THOUSAND DOLLARS, AND THEN THE ACTUAL PERSON WHO WANTED
17 BUT I HAVE GOOD CREDIT, YOU HAVE BAD CREDIT, YOU WANT
18 THE PORSCHE CAYENNE, FOR SOME REASON I'M WILLING TO GET THE
39
7 THAT ON THE BUILDING? WHY ARE YOU CALLING IT THE WHITE HOUSE?
9 WHITE HOUSE, BUT SINCE THAT SEARCH WARRANT AND OTHER EVENTS,
11 REFER TO 6086 BELLAIRE LAKE ROAD AS THE WHITE HOUSE. THAT WAS
12 ITS NICKNAME.
17 THE ALLEGED HEAD OF BMF ALONG WITH HIS BROTHER TERRY FLENORY,
18 BIG T.
40
4 MEECH OR MEECHIE.
7 OCCUPIED BY ONE PERSON AND THAT PERSON WAS NOT ARRESTED. THE
8 SEARCH --
10 BY, WHAT DO YOU MEAN, YOU ONLY FOUND ONE PERSON THERE?
11 A. I MEAN WHEN WE HIT THE HOUSE, THERE WAS ONLY ONE PERSON
12 INSIDE THE HOUSE AT THAT TIME, AND THAT WAS A PERSON NAMED
21 JEWELRY --
25 AND JUST -- THERE WERE SOME CD'S. THERE WERE PHOTOGRAPHS THAT
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4 DETROIT INDICTMENT?
7 Q. YOU WERE GOING THROUGH WHAT YOU FOUND IN THE WHITE HOUSE
9 A. YES.
15 THIS MAY BE WHAT I'M ASKING ABOUT. WERE THERE ANY DOCUMENTS
42
3 BY MR. MCBURNEY:
8 Q. TWO?
11 HIS PHOTO.
12 Q. AND THREE?
21 Q. AND THE TWO PICTURES YOU DESCRIBED, THOSE ARE FAIR AND
24 A. YES.
43
3 FUGITIVE.
4 Q. OKAY.
11 BY MR. MCBURNEY:
13 THAT?
15 Q. THAT'S WHERE YOU FOUND ALL THESE THINGS WHERE YOU JUST
17 A. THAT'S CORRECT.
21 A. YES.
44
7 EITHER CASH OR COCAINE WERE SEIZED, AND THERE WAS A 5TH STOP
8 THAT DID NOT RELATE TO ONE OF VEHICLES BUT IT DID RELATE TO ONE
22 SEIZED.
25 A. YES, CORRECT.
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45
2 ABOUT TRAPS, BUT JUST THIS ONE TIME FROM YOU DESCRIBE TO THE
5 SOPHISTICATED --
7 CRUDE TRAPS?
15 PASSENGER DOOR, AND IF YOU KNOW THE NUMBERS THEN OUT COMES THE
16 COCAINE?
17 A. NO, IT'S NOT LIKE THAT, BUT IT'S LIKE YOU HAVE TO KNOW HOW
19 TURN ON THE DEFROSTER AND PUT ON THE CRUISE CONTROL AND PUT THE
22 Q. SO MR. HAYES WAS DRIVING THIS CAR AND THE PAPERWORK FOR
24 A. THAT'S CORRECT.
46
21 RECOGNIZE THAT?
47
3 BY MR. MCBURNEY:
5 IF YOU KNOW?
8 A. YES.
12 HAPPENS WHEN THAT LICENSE NUMBER OR NAME ARE ENTERED INTO THE
19 OF FALSE I.D. THAT WHEN THE POLICE RUN THOSE THEY SEE THERE'S
21 CURRENTLY ISSUED.
48
4 A. THE ISSUE DATE OF MARCH 25TH, 2004 THAT WOULD HAVE BEEN
5 JUST A WEEK AFTER THE STOP WHICH WAS -- THE MONEY STOP WHICH
8 113 KILOS?
11 Q. BEFORE OR AFTER?
13 OBTAINED.
14 Q. THANK YOU.
19 A. YES.
49
6 A. YES, CORRECT.
8 A. HE WAS NOT.
10 OCCURRED IN JUNE THAT YOU AND THE DEA WOULD HAVE COVERED, NOT
16 Q. WHEN YOU SAY MAJOR PARTY, YOU ATTENDED NOT IN THE SENSE
17 THAT MEECH INVITED YOU, BUT YOU WERE SOMEHOW PRESENT CHECKING
18 THINGS OUT. JUST DESCRIBE FOR THE JURY BRIEFLY WHY YOU CALL IT
21 THINGS WILD ANIMALS, ZOO ANIMALS. THE THEME OF THE PARTY WAS
50
1 BMF --
10 Q.
14 BY MR. MCBURNEY:
17 A. YES, IT IS.
19 THAT SOMEWHERE --
21 I-75.
51
2 A. YES.
3 Q. WHO IS HE?
7 A. YES.
12 A. YES.
24 TALENT BUT --
52
1 MUSIC. THAT'S NOT WHERE I'M GOING WITH THIS, BUT I WANT TO
7 INDICTMENT?
10 SURVEILLANCE?
14 ENTERTAIN EITHER?
15 A. NO, I DIDN'T.
18 YOUR INVESTIGATION LED YOU, LED THE DEA TO CONNECT TO BMF DRUG
19 ACTIVITIES?
53
3 Q. LET'S TALK BOUT THE PARAN PLACE LOCATION FIRST. THE FIRST
4 HOUSE YOU TALKED ABOUT BEING SEARCHED HAD A NAME THE WHITE
5 HOUSE.
6 A. YES.
20 BY MR. MCBURNEY:
25 A. YES, THAT IT IS. IT'S AT THE MOUNT PARAN ROAD AND PARAN
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1 PLACE.
10 EVENING. I JOINED THE SEARCH AFTER THE ENTRY HAD BEEN MADE,
14 SEARCH, BUT --
19 MEAN NO ONE WAS THERE WHEN WE HIT THE HOUSE, BUT IT WAS
20 LIVED-IN HOUSE.
55
4 A. THAT'S CORRECT.
6 A. CORRECT.
10 A. YES, IN DETROIT.
11 Q. OKAY.
19 DESCRIBE, IF YOU CAN, A LITTLE MORE CLEARLY FOR THE JURY WHAT
20 THAT IS?
21 A. THESE WERE NOT KILO WRAPPERS BUT JUST LONG SORT OF LIKE
22 TAPE, JUST A CLOTH TAPE THAT WAS PROBABLY A HUNDRED FEET LONG
56
2 FOLLOWED FROM THE HOUSE AND EVENTUALLY WAS PULLED OVER, AND HE
10 LICENSE?
15 QUESTIONS?
16 A. THAT'S CORRECT.
57
2 LEFT.
5 DEFENDANT DANIELS?
8 TOLD ME --
10 IT WOULD BE HEARSAY.
12 BY MR. MCBURNEY:
13 Q. WITHOUT GETTING INTO WHAT MR. CESTERO TOLD YOU THAT WOULD
58
6 BY MR. MCBURNEY:
10 Q. BUT THE NAME IS THE LESLIE JAMES PARKER YOU SAID HE GAVE?
11 A. THAT'S CORRECT.
14 WOULD HAPPEN?
16 IN THE NAME OF -- IF YOU RAN THE NUMBER YOU'D GET THE NAME
19 35-A AND B. YOU ALREADY TOLD THE JURY YOU SENT OFF A SUBPOENA
25 Q. ARE THOSE THE STANDARD RESPONSES THAT YOU GET WHEN YOU
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59
2 A. YES, PRETTY MUCH. THEY JUST SHOW THE PHONE NUMBER, THE
4 Q. YOU DON'T NEED TO GET INTO THE CONTENT YET. IT'S NOT IN
7 A. YES, IT IS.
9 FACT THE ORIGINALS, THEY MAY BE, OF WHAT YOU GOT FROM T-MOBILE?
10 A. YES, CORRECT.
16 AND THEN HE'S GOING TO TALK ABOUT ANOTHER HOUSE, SO WE'LL BREAK
17 BEFORE THEN.
18 BY MR. MCBURNEY:
24 SHAMEER JACKSON?
60
7 A. CORRECT.
10 NAME?
14 IS SLIGHTLY DIFFERENT. THE NAME AND THE ADDRESS ARE THE SAME.
16 CAN SEE 35-A WHEN THEY GET THE EVIDENCE, BUT WHAT'S THE DATE OF
20 BIRTH?
23 A. THAT IS CORRECT.
61
3 (RECESS)
6 BY MR. MCBURNEY:
17 Q. MEECH?
18 A. MEECH.
20 YOGI'S HOUSE?
62
12 WAS TOLD.
15 BY MR. MCBURNEY:
17 A. THAT'S CORRECT.
19 YOGI'S HOUSE?
20 A. CORRECT.
63
5 DIDN'T HAVE ONE FOR YOGI'S HOUSE OTHER THAN YOGI'S HOUSE.
10 AS THE ELEVATOR.
14 A. YES.
21 INDICTMENT.
64
3 ROAD?
9 THROUGH C?
14 Q. ARE THOSE FAIR AND ACCURATE DEPICTIONS FROM THE SKY OF THE
15 GATE?
19 DRIVE LOCATION.
21 A. THEY ARE.
23 A. 8-A THROUGH C ARE PHOTOS BOTH AERIAL AND TAKEN FROM THE
25 ATLANTA.
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5 BY MR. MCBURNEY:
7 AGENT HARVEY.
10 BUT IT'S AN AERIAL PHOTO THAT WAS TAKEN BACK DURING THE WINTER.
15 A. YES, THE HOUSE IS SET OFF FROM THE ROAD A GOOD BIT. IT'S
20 CAR.
22 A. THAT'S THE ELEVATOR, AND IT'S THE UNIT THAT'S THE SECOND
23 ONE FROM THE RIGHT. IT'S IN THE MIDDLE OF THE PICTURE. IT'S A
66
1 A. CORRECT.
2 Q. -- OR FURTHER OVER?
5 A. 5512-N.
10 RESIDENCE.
15 A. THAT IS CORRECT.
67
1 A. CORRECT.
18 A. YES, I DO.
23 INDIAN STREAM?
68
4 BY MR. MCBURNEY:
6 SEARCHED?
9 THE SEARCH?
10 A. THE MOST SIGNIFICANT THING THAT WAS FOUND WAS CASH, MONEY,
16 HOUSE, AND THE SEARCH OF THE HOUSE TOOK PLACE IN JUNE OF 2006.
20 DANIELS?
69
4 WITNESS.
5 BY MR. MCBURNEY:
15 BY MR. MCBURNEY:
19 A. CORRECT.
70
1 INVESTIGATION.
9 NOT DMV, YOU CALLED HER THE ACCOMPLICE, THE WOMAN ON THE
10 INSIDE?
16 15-A, 18-A AND 20-A. BEFORE YOU GET INTO ANY SPECIFICS ABOUT
20 THEY ARE BLOWUPS OF THE ACTUAL LICENSE ITSELF. IT HAS ALL THE
71
4 DOCUMENTS?
9 DRIVER'S LICENSES?
15 AUTHENTICITY.
23 CERTIFIED COPIES WHICH I'LL HAND TO THE COURT RIGHT NOW. THE
72
3 IT'S MORE EFFICIENT SINCE HE'S HERE. HE'S FAMILIAR WITH THE
9 AUTHENTICITY.
14 BY MR. MCBURNEY:
16 DRIVER'S LICENSE?
17 A. PAUL JACKSON.
25 A. YES.
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10 Q. TELL THE JURY AGAIN THE NAME THAT WAS ON THOSE TWO
15 IT IS, ARE YOU FAMILIAR WITH THE PERSON WHO IS SHOWN THERE?
16 A. YES, I AM.
22 FROM MY INVESTIGATION.
74
3 A. YES.
6 A. YES, I AM.
7 Q. HOW SO?
17 WORKER?
18 A. YES, IT IS.
20 INDICTMENT?
24 A. YES, I AM.
25 Q. HOW SO?
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3 A. YES, I HAVE.
5 A. JAMAL WASHINGTON.
7 A. BILL MARSHALL.
9 DEPARTMENT?
11 Q. ALL RIGHT. LAST AREA. DID YOU ASSIST DEA OR FBI LOS
14 A. YES, I DID.
76
1 A. YES, CORRECT.
12 A. YES, EXACTLY.
23 CONNECTED.
25 A. NO.
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4 DEFENDANT.
11 ALREADY SHARED WITH THE COURT AND WITH THE JURY YOUR
16 WITH THAT?
78
1 BY MR. MCBURNEY:
6 Q. DEMETRIUS FLENORY?
9 A. YES.
10 Q. AND HERE?
16 A. YES.
18 LITTLE CROOKED AND IT'S NOT PARTICULARLY BRIGHT, BUT THAT'S THE
19 MACHINE.
23 A. THAT'S BULL.
25 A. YES.
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3 Q. DEFENDANT DANIELS?
4 A. YES.
7 A. IT SAYS BMF.
20 JAMES PARKER --
21 A. YES, HE'S THE ONE WHO WAS STOPPED LEAVING SPACE MOUNTAIN
23 Q. 10-B?
25 Q. DEFENDANT DANIELS?
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1 A. CORRECT.
3 HAVE, JUDGE.
5 12:30.
7 CROSS-EXAMINATION
8 BY MR. O'BRIEN:
10 A. GOOD AFTERNOON.
11 Q. THERE ARE SOME QUESTIONS I'D LIKE TO ASK YOU. YOU SAID
12 YOU WERE THE CASE AGENT IN THE CASE. THAT MEANS THAT YOU'VE
14 THROUGH TODAY?
15 A. FOR ATLANTA AND FOR DEA, I'M THE PRIMARY CASE AGENT, YES.
18 A. YES, I HAVE.
20 A. PRETTY WELL.
21 Q. IS THAT CORRECT?
22 A. YES.
25 A. YES.
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81
2 AGENT HARVEY?
3 A. WELL, I GUESS I WOULD SAY JUNE OF 2003, MAY, JUNE 2003 BUT
6 Q. ALL RIGHT. OKAY. BUT YOU KICKED OFF IT SOUNDS LIKE THE
8 A. YES.
10 INVOLVED IN THIS INVESTIGATION, THE DEA, THE FBI. WHAT WAS THE
20 ANGELES AND ST. LOUIS AND ORLANDO AND VIRTUALLY ALL OVER THE
82
3 ACCURATE TO SAY?
7 SOMETIMES IT WORKS.
10 Q. AND SO THAT WE'RE ALL ON THE SAME PAGE, CAN YOU TELL US A
20 A. YES.
23 A. YES.
83
5 GONE ON SINCE I THINK YOU SAID 2003. IN FACT I THINK YOU SAID
9 A. NOT ON WIRETAPS.
12 A. YES.
15 DON'T KNOW HOW MANY PEOPLE. I THINK YOU SAY THERE'S 50, 60, 70
23 A. YES.
25 HAVE BEEN OUT OF AIRPLANES AND HELICOPTERS AND WHOEVER ELSE YOU
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84
6 A. NO.
8 SAID CARS, YOU TALKED ABOUT A LOT OF CARS, AND YOU ARRESTED MR.
9 DANIELS, CORRECT?
10 A. ARRESTED HIM?
12 A. YES.
13 Q. YOU SHOWED A COUPLE OF PICTURES THAT YOU SAY THIS WAS HIS
14 HOUSE WHERE HE LIVED AND THINGS LIKE THAT, AND WHEN YOU
15 ARRESTED MR. DANIELS YOU ACTUALLY SAW HIM DRIVE UP TO THE PLACE
19 A. YES.
23 Q. DID YOU SEARCH HIS CAR TO SEE IF THERE WAS ANY TRAP IN HIS
85
2 SAYING?
3 A. CORRECT.
4 Q. DID MR. DANIELS HAVE ANY DRUGS ON OR ABOUT HIS PERSON WHEN
7 Q. AND I THINK YOU SAID YOUR TESTIMONY WAS THAT OF ALL THE
8 STOPS THAT YOU MADE AND YOU DETAILED STOPS IN ST. LOUIS AND
11 AWARE OF?
13 Q. WAS MR. DANIELS EVER IN A CAR THAT WAS STOPPED WHERE MONEY
14 WAS LOCATED?
15 A. NO.
17 CAR, CORRECT?
18 A. CORRECT.
20 A. CORRECT.
23 A. CORRECT.
86
1 OF SOMEBODY, CORRECT?
2 A. SOMETIMES.
5 PURPOSES.
11 HAS BEEN GOING ON FOR A LONG TIME. HOW MANY DRUG SEIZURES WERE
21 15 TO 20.
87
4 A. YES.
5 Q. THE BIG HOUSE. LET ME ASK YOU FIRST OF ALL WITH REGARD TO
6 THE WHITE HOUSE WAS MR. DANIELS' NAME ON THE DEED AT ALL?
10 A. NO.
12 TO THAT HOUSE?
13 A. NO.
18 HAVE BEEN INVOLVED WITH PAYING FOR THE UTILITIES AND ALL?
25 A. YES.
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88
7 THAT HOUSE EVER EVEN CALLED MR. DANIELS FROM THAT HOUSE OR HE
8 CALLED THERE?
9 A. THAT'S CORRECT.
11 A. YES.
14 A. NO.
16 HOUSE THAT REFLECTED HE'D BEEN IN THAT HOUSE AND THIS IS PROOF
18 A. NO.
20 AND SAY HAVE YOU EVER SEEN THIS GUY IN THIS HOUSE, EVER SEEN
22 A. NO.
89
4 GUERVILLE?
9 THAT CORRECT?
11 Q. I WANT TO ASK YOU THAT. WHEN YOU SAY WE, WHO IS WE?
12 A. THE AGENTS, DEA, DEKALB COUNTY, WE HAD ONE APD, ONE FBI
13 WITH US.
22 BE HONEST.
90
1 A. YES.
2 Q. YOU SAID YOU ALSO SAW PICTURES OF BLEU DAVINCI WHO YOU'VE
9 Q. ON THE INTERNET?
10 A. I BELIEVE SO ONLINE.
13 DVD --
16 Q. LET ME ASK YOU WITH REGARD -- BUT YOU DON'T HAVE THEM HERE
21 A. SURE.
23 YOU GAVE IT OR IS THAT A NAME THAT OTHER PEOPLE THAT WERE THERE
24 GAVE IT?
91
3 A. CORRECT.
7 A. YES.
10 A. YES.
12 A. YES.
14 SEARCHED IT?
19 Q. ALL RIGHT. WELL, WHOSE NAME IS THE HOUSE IN, THE SPACE
20 MOUNTAIN HOUSE?
24 A. NO.
92
1 A. NO.
5 LANDLINE TELEPHONE?
14 NAME.
18 DON'T YOU?
19 A. YES.
21 ABOUT IT YOU COULD SEE WHERE MR. DANIELS HAD CALLED OR ANYBODY
22 HAD CALLED MR. DANIELS ON THAT PHONE, RIGHT; YOU CAN GET THOSE
23 RECORDS?
93
6 A. I DID PARTICIPATE.
10 A. YES.
13 A. NO.
17 A. NO.
19 A. NO.
20 Q. DID YOU GO AROUND TO THE NEIGHBORS AND SAY HAVE YOU EVER
23 ELSE DID.
25 CORRECT?
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94
1 A. YES.
3 A. YES.
8 A. YES.
10 TELEPHONES, CORRECT?
14 THINK MR. DANIELS USING THE NAME SHAMEER JACKSON GOT TWO
16 A. YES, I DO.
18 A. YES.
21 AVAILABLE?
95
3 A. I DO, YES.
4 Q. AND YOU NEVER BOTHERED TO GET WHATEVER THEY CALL THE TOLL
8 RECORDS, BUT I DID NOT TRY TO GET THE CALL DETAIL RECORDS,
9 CORRECT.
10 Q. YOU DON'T KNOW WHO HE WAS CALLING, ASSUMING THEY WERE HIS
13 HUNDRED TARGETS.
17 Q. WELL, YOU HAVE A PRETTY GOOD STAFF DOWN THERE AT THE DEA,
18 DON'T YOU? I MEAN THESE FELLOWS GOT ALL KINDS OF RESOURCES AND
19 STUFF.
20 A. I'M THE CASE AGENT OF THIS CASE AND OTHER CASES, AND EVERY
22 Q. WELL MR. DANIELS PLED NOT GUILTY ABOUT A YEAR AGO. YOU
96
1 A. TRUE.
4 A. YES.
6 A. IT WAS.
7 Q. AND YOU FOUND SOME GUNS, THREE GUNS, CASH AND JEWELRY AND
8 SOME PHOTOGRAPHS?
9 A. YES.
14 THAT CORRECT?
15 A. SEVERAL PHOTOS.
19 Q. AND THE PHOTOGRAPHS, ARE THESE THE ONES THAT WERE ON THE
20 PARTY BOAT?
21 A. YES.
97
1 PARTY BOAT?
5 ROAD, THE GATE HOUSE, AND THE ELEVATOR HOUSE ON GLENRIDGE AND
8 A. CORRECT.
13 Q. WELL, LET ME ASK YOU DID YOU CHECK TO SEE AGAIN ARE THERE
14 PHONES THAT GO INTO THESE HOUSES THAT WE COULD SEE SOME RECORDS
20 NOT?
21 A. I DON'T.
23 GOT HIS PICTURE AND SAY HAS ANYBODY EVER SEEN THIS GUY COME TO
24 THIS HOUSE?
98
1 LOCATIONS.
14 OF THE HOUSES. THE SPACE MOUNTAIN HOUSE, YOU SAY WHEN YOU WENT
17 A. YES.
19 A. YES.
20 Q. SAY LIKE JUDGE EVANS GIVES YOU A SEARCH WARRANT, HOW MUCH
99
1 A. YES.
2 Q. AND YET WHEN YOU GUYS ALL GET THERE, THERE'S NOBODY THERE?
17 YOU WOULD EXCEPT THAT THERE MIGHT BE SOMEBODY AT THE HOUSE, BUT
100
6 FOUND OUT THAT HE WAS RESIDING THERE. NOW THAT ONE WAS KIND OF
9 2004.
11 ONLY THING THAT WAS THERE WAS A SHREDDER THAT DRUG DEALERS USE
15 PLACE, CAMERAS, BUT THAT WAS ABOUT IT, AND THEN THE SAME DAY WE
101
1 APARTMENT.
10 APARTMENT?
11 A. NO EVIDENCE OF THAT.
14 A. CORRECT.
17 A. YES.
18 Q. AND THIS WAS A DRUG HOUSE FROM WHAT YOU'RE TELLING ME,
19 CORRECT?
20 A. YES.
23 Q. WAS ANYBODY ASKED IF THEY HAD EVER SEEN THIS MAN IN AND
102
7 OF CLARENCE TILLER.
9 WERE MADE FROM THAT PHONE AND WHAT CALLS CAME IN?
15 A. NO.
21 APARTMENT?
103
1 Q. ARE THERE ANY TAPES FROM THE BAD GUYS' EQUIPMENT THAT SHOW
2 MR. DANIELS?
6 BOULEVARD, NO.
9 A. NO.
12 Q. NOW, INDIAN STREAM TRAIL YOU SAY YOU FOUND 86,000 DOLLARS
13 CASH THERE?
21 A. YES.
25 A. YES.
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104
1 Q. OKAY. FOREST LAKE ROAD YOU SAID THAT WAS MR. DANIELS'
2 HOUSE?
3 A. YES.
7 A. YES.
11 A. YES.
16 A. YES.
17 Q. LET ME ASK YOU HOW LONG DID HE LIVE THERE; DO YOU KNOW?
19 YEAR.
105
9 WARRANTS YOU MAY NOT GET A WHOLE LOT OF BIG SCORE WHEN YOU DO
13 THE HOUSE, BUT YOU HAD BY LATE 2007 OR MID 2007 YOU HAD A
14 PRETTY GOOD IDEA OF WHO YOU THOUGHT MR. DANIELS WAS IN LEAGUE
20 A. WHICH ONE?
23 LAKE.
106
1 STREAM TRAIL.
4 Q. DID YOU GO AROUND TO NEIGHBORS AND SAY HAVE YOU SEEN ANY
7 THAT?
10 HAD CHILDREN. DID HE HAVE WHAT THEY CALL A LANDLINE, HARD WIRE
11 IN THAT HOUSE?
15 HOUSES SHOWING HE WAS CALLING PEOPLE AND THEY WERE CALLING HIM?
17 BEEN IN HIS NAME. BUT WOULD THEY SHOW PHONE CONTACTS WITH
22 RECORDS?
107
5 BY MR. O'BRIEN:
16 DEALER.
17 Q. LET ME ASK YOU NOW WE'VE GOT A PICTURE 10-B THAT YOU
20 A. YES.
22 THESE PHOTOGRAPHS?
108
7 Q. OKAY. THE OTHER TWO PHOTOGRAPHS YOU SAY YOU FOUND THEM.
8 YOU DON'T KNOW THE CIRCUMSTANCES WHERE, WHEN THEY WERE TAKEN,
10 THAT CORRECT?
11 A. CORRECT.
19 CROSS-EXAMINATION.
22 ROOM AT 1:40.
23 (NOON RECESS)
109
1 REDIRECT EXAMINATION
2 BY MR. MCBURNEY:
10 CONVERSATION?
13 TO A JUDGE.
110
3 A. FEDERALLY ONLY ONE, ONLY ONE OFFICE DID ONE WHICH WAS
4 DETROIT AND --
9 OF TIMES BUT THEY WERE ABLE TO -- THEY WERE NEVER ON MORE THAN
12 TO TERRY FLENORY?
16 TEN CELLPHONES?
111
1 A. YES.
12 AUTHORITIES?
23 A. HE WAS NOT.
112
4 Q. I'M NOT GOING TO DO ALL THE NAMES, BUT YOU MENTIONED J-BO,
6 A. J-BO NEVER.
11 WHITE HOUSE.
15 Q. THAT'S IT?
16 A. THAT'S IT.
20 TAKING PICTURES.
113
18 A. THAT'S CORRECT.
114
3 HAYES, BUT NOT ON HIS PERSON BUT IN HIS VEHICLE. OTHER THAN A
4 VEHICLE STOP OR A HOUSE SEARCH, NO, I KNOW THERE WAS NOT ANY
21 A. CORRECT.
22 Q. OKAY. MY QUESTION WAS WHEN YOU DID THE ROUNDUP FOR THIS
23 CASE, AND I RECOGNIZE MR. DANIELS WAS TAKEN INTO CUSTODY SOME
24 DAY OR MONTHS OR WEEKS BEFORE THAT, BUT THE BIG ROUNDUP IN THIS
25 CASE DID YOU FIND LOTS OF DRUGS IN ANY OF THE HOUSES WHERE YOU
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115
9 A. NO.
12 OWNED IN THE NAME TONESSA WELCH WHO IS THE COMMON LAW WIFE OF
16 A. YES.
23 SHE DIDN'T HAVE THE PHONE OR POWER OR ANYTHING IN HER NAME LET
116
4 A. CORRECT.
12 WILLIAMS.
16 FLENORY.
18 A. CORRECT.
20 HOUSES THAT YOU GUYS DID SEARCH WHETHER YOU TRIED TO LIFT
117
4 THAT.
6 WATCH CSI AND SORT OF ASSUME YOU CAN COME IN WITH THIS STRANGE
7 BLUE LIGHT THING AND YOU CAN RECREATE THE MURDER. THERE'S A
118
2 TWO INDIVIDUALS ALL OVER THE HOUSE THAT WAS MICHAEL ANTHONY
5 A. HE IS, YES.
6 Q. YOU TOLD THE JURY EARLY ON YOU'VE BEEN A DEA AGENT FOR 24
7 YEARS. WAS THIS THE FIRST CASE IN WHICH YOU WERE INVOLVED IN
11 WITH?
19 SITUATION WHERE YOU WOULD DO THAT, BUT WE JUST HAVEN'T DONE ANY
23 DEFENDANT DANIELS.
25 YOU WERE INTERESTED AND FOR WHOM YOU WERE TRYING TO GATHER
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119
1 EVIDENCE WHEN YOU WERE EXECUTING THESE SEARCHES AND DOING THESE
3 A. NO, HE WAS A TARGET BUT JUST THE WAY THE CASE WORKED OUT
11 WITH BLEU DAVINCI AND ASKED IF HE COULD SEE IT. YOU'VE ALREADY
13 ARE THE DVD'S WITH BLEU DAVINCI AND ALL THE PICTURES
20 EXPLAIN TO THE JURY WHAT YOU -- I UNDERSTAND YOU DID NOT TRY TO
21 GET CALL DETAIL RECORDS FOR THOSE TWO, THE ONLY TWO CELLPHONE
22 NUMBERS YOU GOT FOR SHAMEER JACKSON, WHOEVER THAT MIGHT BE.
25 A. NO, YOU WOULD JUST GET MORE PHONE NUMBERS. IF THEY HAD
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120
2 DO AND SOMETIMES THEY DON'T, BUT IF THEY DID THEY WOULD SHOW A
8 REAL NAME.
13 DONE.
14 Q. IF YOU HAD THE PHONE RECORDS FOR ONE OF THE TWO SHAMEER
15 JACKSON PHONES SAID THAT PHONE CALLED PHONE NUMBER 1234, YOU
16 GET THE SUBSCRIBER RECORDS FOR THAT AND IT SAYS IT'S JOHN SMITH
18 DOESN'T HAVE A PHONE IN HIS NAME, HOW CAN YOU FIGURE OUT THAT
121
9 RECROSS-EXAMINATION
10 BY MR. O'BRIEN:
14 CORRECT?
16 Q. HOW MANY PEOPLE HAVE BEEN ARRESTED IN THIS CASE AND ST.
24 CORRECT?
25 A. AT LEAST.
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122
3 PEOPLE HAD ON THEM WHEN THEY WERE ARRESTED THAT THE ARRESTING
4 AUTHORITIES GOT?
6 Q. AND YOU MAY NOT HAVE THEM IN SOMEBODY'S NAME BUT CERTAINLY
9 A. YES.
10 Q. ARE THERE ANY RECORDS THAT I CAN LOOK AT OR THIS JURY CAN
11 LOOK AT REFLECTING MY CLIENT? YOU HAD HIS TWO PHONES YOU SAY,
12 AND YOU HAD HIS PHONE NUMBERS MADE A CALL TO ANY OF THOSE 120
18 A. DID I TRY?
22 OF THESE 120 PEOPLE THAT WOULD SHOW THAT HE CALLED ONE OF THEM
25 A. YES, I MEAN THERE WERE ALL KINDS OF PHONES SEIZED FROM THE
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123
7 TROUBLE TO DO THEM?
9 FEDERAL WIRETAP.
23 A. THAT'S CORRECT.
24 Q. BUT FOREST LAKE DRIVE WHERE MR. DANIELS AND HIS FAMILY
124
1 A. NO.
5 A. YES.
7 A. YES.
17 DANIELS. IT'S NOT LIKE SHE'S GOING TO ADMIT THAT HE'S HER
20 THESE FALSE --
125
1 FINGERPRINTS?
7 Q. LET ME ASK YOU IN THAT REGARD WHAT DID THEY WRAP THEM UP
12 Q. LOW LIFE?
16 BY MR. O'BRIEN:
22 Q. AND YOU SAY THAT YOU DISCUSSED WHY IT'S NEVER PRODUCTIVE,
126
1 Q. AND YOU SAY THAT DVD'S ARE -- I FORGOT WHAT DVD'S WE'RE
2 TALKING ABOUT NOW, BUT THIS IS THE DVD THAT CONTAINS MR. BLEU
4 A. WELL, THE DVD'S WERE MADE AVAILABLE. THE ONES THAT I'VE
12 MIAMI.
15 TO AS THE COMPOUND?
20 2004.
22 DOWN.
23 WHO'S NEXT?
127
2 OATH.
3 APRIL MOODY,
6 STATE YOUR FULL NAME FOR THE RECORD AND SPELL YOUR LAST NAME
7 ALSO.
9 DIRECT EXAMINATION
10 BY MS. SCHANSMAN:
21 A. TWENTY-FIVE.
23 TYPE OF CASES?
128
13 PERSON.
16 SCENE?
19 THEM, THEY USE THEIR NOSE TO TELL YOU IF THERE'S AN ODOR FOR
24 A. YES, I DO.
129
6 CAME ACROSS WHAT THEY CALLED A HIDDEN ROOM THAT CONTAINED A BAG
9 Q. NOW YOU SAID THEY CAME ACROSS A HIDDEN ROOM. HOW WAS IT
11 A. THEY WERE CLEARING THE SMOKE FROM THE BUILDING, AND THE
12 FIRE WAS ALREADY OUT AT THIS POINT, BUT THEY WERE CHECKING FOR
13 EXTENSION AND SEEING IF THERE WAS ANYTHING ELSE, AND THEY SAW
14 SMOKE COMING FROM WHAT THEY THOUGHT WAS UNDER A WALL, AND SO
15 THEY STARTED CHECKING THE WALL AND THE WALL WAS ALL OF MIRRORS,
16 AND AFTER CHECKING THEY REALIZED THAT THE FAR RIGHT END OF THE
19 A. BECAUSE WHEN THE OFFICERS WENT WITH THE FIREMEN AFTER THEY
23 AND FIRE, AND IN THE MASTER BEDROOM THERE WAS A DRESSER DRAWER
24 THAT WAS OPEN ABOUT FOUR INCHES, AND THERE WAS A SMALL BAG OF
130
1 IN THE DRAWER.
2 Q. DID YOU EVER FIND OUT WHO THE OWNER OF THE HOUSE WAS OR
4 A. RODESHA MITCHELL SHE WAS LIVING THERE AT THE TIME AND SAID
9 THERE --
15 BY MS. SCHANSMAN:
18 A RESIDENCE.
19 A. 36 WHAT?
20 Q. 36-A.
21 A. OKAY.
22 Q. AND 36-B.
23 A. YES.
24 Q. AND 31-H.
131
7 Q. NOW WHEN YOU SAY EARLY MORNING, TELL US WHAT YOU MEAN BY
8 THAT?
11 A. OKAY.
12 Q. WHEN YOU WERE IN THE -- WHEN YOU GOT TO THE HOUSE WHAT DID
21 A. YES, I WAS.
23 A. YES, I DID.
25 A. YES.
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132
6 ROOM BY ROOM WENT THROUGH AND SEARCHED, AND ANYTHING THAT WAS
11 A. YES, IT IS.
13 A. YES, I AM.
15 EVIDENCE.
18 BY MS. SCHANSMAN:
23 A. OKAY.
25 A. YES, I HAVE.
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133
2 THAT DAY?
7 WITH.
10 FOR G?
13 THE COURT: ON WHAT DATE DID YOU SAY YOU WERE AT THIS
14 LOCATION?
19 BY MS. SCHANSMAN:
21 DEPICT.
23 YOUR LEFT TO YOUR FAR RIGHT WERE GLASS PANELS, AND THEN THIS
24 PANEL AT THE FAR RIGHT IF YOU TOUCHED IT, IT WOULD SPRING OUT
25 AND WAS HINGED AND BEHIND THAT IS A ROOM. THE LIGHT FIXTURE
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134
2 FIRE.
4 A. I'M NOT REALLY CLEAR. WHEN I SAW IT THE FIRST TIME THAT'S
6 Q. ALL RIGHT. WHEN YOU WENT INTO THAT ROOM WHAT DID YOU
7 DISCOVER?
15 Q. AND JUST TO THE LEFT THERE THE WHITE THING, WHAT IS THAT?
18 Q. THE LAST PHOTOGRAPH 31-B THAT WAS ACTUALLY THE OPEN PANEL
19 ON THE END?
20 A. CORRECT.
135
6 BUNDLE.
8 A. 86,000 DOLLARS.
11 THAT CONTAIN WHAT CALIBER THEY WERE AND LENGTH AND SERIAL
16 EXHIBIT 31-D?
18 DOOR AT THE END THAT LED TO LIKE AN ATTIC SPACE, AND ON THE
25 AMMO.
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136
2 THE FRONT OF THAT BAG THERE'S SOME WRITING ON IT. CAN YOU TELL
6 FROM MY POLICE DEPARTMENT, THE DATE AND THE TIME THAT THE
7 SEARCH WAS STARTED AND THE EVIDENCE WAS COLLECTED, AND THEN THE
9 EVIDENCE FORM.
12 A. YES, MA'AM.
17 INTO EVIDENCE.
20 BY MS. SCHANSMAN:
25 A. YES, MA'AM.
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137
3 AREA.
5 A. YES, I DID.
10 BY MS. SCHANSMAN:
13 HICKS.
15 A. YES, MASTER BEDROOM, AND THERE WAS A SINK AREA AND IT WAS
19 A. YES, I DO.
24 AND THEN THE DATE AND TIME THE EVIDENCE WAS OBTAINED IN MY
25 NAME.
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138
2 A. YES, I DID.
3 Q. AND THAT WAS FROM THE 840 INDIAN STREAM TRAIL ADDRESS?
4 A. YES, IT WAS.
6 A. YES.
12 BY MS. SCHANSMAN:
15 THE OFFICERS AND WAS USED IN THE SEARCH WARRANT, PARTS OF THE
17 THEN TWO OTHER FULL MAGAZINES THAT ARE ACTUALLY TOGETHER AND
18 THEN PART OF ANOTHER MAGAZINE THAT WAS ALSO FOUND IN THE MASTER
19 BEDROOM.
24 DOOR IN THE CENTER, A WINDOW AT THE LEFT END AND THEN THE DOOR
139
3 A. LOTS OF CLOTHES.
7 Q. AND WAS THE DRESSER ALL THE WAY IN THE CLOSET OR WAS
8 IT --
13 IN THAT MORNING?
16 PARTIALLY OPEN.
18 DRAWER?
21 HANDGUN.
22 Q. AND 31-F DOES THIS DEPICT WHAT YOU SAW ON THE DRESSER?
24 RIGHT HERE IS THE GRIP PORTION OF THE GUN. RIGHT HERE IS THE
140
1 RIGHT HERE.
3 BOX?
7 A. YES.
10 A. YES, IT DID.
12 A. YES, I DID.
15 A. YES, I DO.
18 A. YES, IT IS.
141
16 WIFE'S NAME. THERE ARE OTHER THINGS WITH OTHER NAMES ON THEM.
18 THAT'S NOT REALLY AN ISSUE. HE AND HIS WIFE LIVED THERE WITH
21 YOUR PRESENTATION?
24 IT. WHAT I'M THINKING IS IS THERE SOME WAY THIS DOCUMENT COULD
142
4 ON 31-A.
13 WITNESS.
14 CROSS-EXAMINATION
15 BY MR. O'BRIEN:
17 MA'AM. WHAT WAS THE NATURE OF THAT FIRE; DO YOU KNOW ANYTHING
22 A. YES, SIR.
24 BIT?
143
3 FOUND. EVERYTHING YOU FOUND IS THERE, THE GUN AND THE BULLETS;
4 IS THAT CORRECT?
7 A. CORRECT.
11 BIT.
12 BY MR. O'BRIEN:
15 A. YES, SIR.
25 ARE SHOTGUNS?
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144
1 A. CORRECT.
7 Q. DID YOU CHECK TO SEE WHO, WHEN AND WHERE THEY WERE
8 PURCHASED?
10 STOLEN THROUGH ONE STATE BUT I DON'T REMEMBER WHAT THE STATE
14 TEST IT?
19 A. I DIDN'T.
24 Q. MISDEMEANOR AMOUNT?
25 A. MISDEMEANOR AMOUNT.
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145
1 Q. OKAY. OTHER THAN THE MARIJUANA DID YOU FIND ANY DRUGS IN
2 THE HOUSE?
3 A. NO.
5 A. DID NOT TALK THE DOG IN DUE TO ALL THE SMOKE IN THE
6 HOUSE. IT WOULD HAVE BEEN DANGEROUS FOR THE DOG AND WOULDN'T
9 OUNCE OF MARIJUANA?
14 REDIRECT EXAMINATION
15 BY MS. SCHANSMAN:
19 ONE WITNESS, SOMETIMES TWO, AND THEN IT'S TAKEN TO THE BANK,
146
9 OATH.
10 WILLIAM MARSHALL,
13 STATE YOUR FULL NAME FOR THE RECORD AND SPELL YOUR LAST NAME
14 ALSO.
16 DIRECT EXAMINATION
17 BY MS. SCHANSMAN:
22 Q. SO YOU'RE IN JAIL?
23 A. THIS IS CORRECT.
25 A. WELL THE CHARGES WAS FOR CONSPIRACY FOR FIVE OR MORE KILOS
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147
3 A. OF COCAINE.
6 Q. AND THE BANK AND WIRE FRAUD WHAT WAS THAT RELATED TO?
8 HIGH-LINE CARS AND ALSO HOMES AND VARIOUS ITEMS LIKE SUCH.
10 A. THIS IS CORRECT.
13 EXHIBIT 27 OR 28?
14 A. CORRECT.
18 Q. LET ME GRAB THOSE BACK FROM YOU AND SHOW THOSE TO MR.
19 O'BRIEN.
21 A. PLEA AGREEMENT.
25 A. CORRECT.
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148
2 A. CORRECT.
10 BY MS. SCHANSMAN:
12 A. CORRECT, I DID.
14 TO THIS POINT?
17 BMF AND ALSO WHAT MY ROLE AND INVOLVEMENT WAS IN ACTUALLY HOW
19 Q. SO YOU TESTIFIED?
20 A. CORRECT.
149
1 A. CORRECT.
3 A. CORRECT.
6 A. I BELIEVE 20 YEARS.
8 A. THIS IS CORRECT.
13 A. YES.
15 A. YES, I AM.
17 BACK?
19 Q. OKAY. DOES THAT APPEAR TO BE THE SAME ONE THAT YOU SIGNED
24 A. CORRECT.
150
3 A. UH-HUH (AFFIRMATIVE).
5 A. CORRECT.
10 BY MS. SCHANSMAN:
12 THAT YOU ENTERED INTO FOR THE GEORGIA OFFENSE; IS THAT CORRECT?
13 A. THAT'S CORRECT.
16 A. THAT'S CORRECT.
19 MATTER WHAT POINT WHETHER IT WAS A YEAR FROM NOW OR A YEAR PAST
23 COOPERATION?
24 A. THAT IS, YOU KNOW, ONCE AGAIN IT'S ALL BASED ON WHAT THE
151
1 TESTIMONY.
4 TIME, YES?
5 A. THIS IS CORRECT.
8 A. THIS IS CORRECT.
11 A. THIS IS CORRECT.
16 YOU'VE USED?
19 UNDER.
21 RECOGNIZE THAT?
22 A. YES.
24 A. THIS IS CORRECT.
152
1 A. THIS IS CORRECT.
5 BY MS. SCHANSMAN:
9 STATE OF TENNESSEE.
12 A. CORRECT.
13 Q. CAN YOU TELL US ARE YOU THE INDIVIDUAL WHO FILLED THAT
14 OUT?
18 A. JAMAL WASHINGTON.
23 A. CORRECT.
153
4 A. CORRECT, NASHVILLE.
12 SEPARATE THAT FROM YOUR REAL PERSON IN THE EVENT THAT YOU'RE
16 TWO BECAUSE YOU CAN ALWAYS DISCARD IT AT ANY TIME AND GO BACK
18 Q. SO YOU PROTECT YOUR REAL IDENTITY, AND THEN YOU HAVE THIS
20 A. YES.
23 A. CORRECT.
24 Q. AND HOW WAS THAT -- WAS THAT THE APPLICATION YOU FILLED
154
1 A. THIS IS CORRECT.
3 EVIDENCE.
6 BY MS. SCHANSMAN:
8 A. THIS IS CORRECT.
10 A. THIS IS CORRECT.
15 A. NO.
20 ADDRESS?
25 A. NO.
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155
5 FIRST THREE BEING THE STATE AND THE SECOND TWO BEING THE
11 A. NO.
17 Q. SO YOU'RE DOING ALL THIS FOR WHAT REASON; WHAT'S THE MAIN
23 YOU SEE, AND ANY OTHER FINANCIAL THINGS THAT WENT ALONG WITH
156
9 A. CORRECT.
12 HAD CREDIT WHO COULD ACTUALLY PURCHASE IT. THEY HAD THE CREDIT
13 SCORES AND THEY HAD THE AMOUNT OF TRADE LINE THAT THE BANK
14 WOULD APPROVE.
15 THEN WE WOULD TAKE THE MONEY FROM THE BUYERS WHO WERE
18 MUCH THEY HAD BEEN MAKING PER YEAR. SO THOSE FORMS TOGETHER WE
21 A. CORRECT.
24 THE VEHICLE.
157
1 A. YES.
2 Q. NOW, DID YOU STAY IN JUST THE CAR BUSINESS AND HOUSE
3 BUSINESS?
4 A. NO.
6 A. CORRECT.
7 Q. WHAT KIND?
8 A. DISTRIBUTION OF COCAINE.
12 Q. AND YOU SAY COCAINE, WHAT FORM WAS THE COCAINE IN?
13 A. KILOS.
15 SHAPE?
19 A. YEAH, MAYBE ABOUT HALF THIS SIZE HERE AND PROBABLY ABOUT
20 THAT WIDE.
22 A. YES.
24 COCAINE?
25 A. RIGHT.
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158
2 A. CORRECT.
3 Q. HOW MUCH DOES A KILO COST; HOW MUCH DOES IT GO FOR ON THE
4 MARKET?
11 A. WELL AT THE TIME THE CAR BUSINESS HAD -- WHAT I WAS DOING
13 REPAYING THE INDIVIDUALS WHO HAD PUT THE MONEY UP FOR THOSE
14 CARS.
19 A. TERRY FLENORY.
22 INDIVIDUAL NAMED JERRY DAVIS WHO WHEN I FIRST MET MR. FLENORY I
24 Q. DID YOU CALL HIM BY THE NAME MR. FLENORY, OR DID YOU CALL
159
2 Q. NOW YOU FIRST GOT INVOLVED WITH TEE WHEN YOU WERE BUYING
4 A. CORRECT.
9 WAS?
13 Q. AND WHAT WAS HIS POSITION THERE WITH THE BLACK MAFIA
14 FAMILY?
17 A. DEMETRIUS FLENORY.
18 Q. AND DID YOU CALL HIM DEMETRIUS FLENORY, OR DID YOU CALL
160
2 A. CHAD BROWN.
4 A. CORRECT.
6 FLENORY?
7 A. THROUGH TERRY.
10 HOUSE WHICH AT THAT TIME WAS PROBABLY ACROSS THE STREET FROM
16 WHITE HOUSE.
18 A. CORRECT.
22 A. CORRECT.
24 A. WELL AT THE TIME I WAS DOING A LOT OF CARS FOR ONE OF HIS
161
1 JERRY DAVIS I WAS DOING THE CARS FOR THAT HE NEEDED A GUY THAT
4 Q. AND HOW LONG DID YOU WORK IN THAT AND THAT IS GETTING CARS
17 FRONT.
19 GUYS BEFORE AND, YOU KNOW, MOST OF THEM CLAIM TO SAY THEY CAN
20 DO ONE THING AND THEN THEY DELIVER FOR A WHILE AND DON'T
21 DELIVER, AND HE JUST SAID, YOU KNOW, HIS THINGS IS DRUGS, HE'S
162
4 OR ELEVEN MONTHS DOWN THE LINE AND MORE SO WHEN THE CLOSURE OF
6 TERRY WAS LIKE WELL YOU DON'T DO ANY CARS FOR ANYBODY ELSE,
16 THAT THERE WERE -- ONE OF THE CARS I HAD DELIVERED THERE WAS 12
18 VEHICLE, AND ANOTHER SITUATION WAS WAS THAT THERE WAS IDENTITY
23 FURTHER INVESTIGATION THEY FOUND OUT THAT THE CARS DID BELONG
24 TO INDIVIDUALS BUT THAT'S WHEN THE BANK AND WIRE FRAUD CAME IN
25 BECAUSE THE TRUE ACT OF THE FRAUD WAS THAT THE JOBS WERE MADE
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163
1 UP. THE JOBS DIDN'T EXIST WHERE WE HAD THE EMPLOYMENT FOR THE
3 PROBABLY ABOUT 200 CARS HAD TO COME OFF THE ROAD WITH AN
6 A. SEVERAL.
8 THE ROAD?
9 A. NO, MA'AM.
11 A. CORRECT.
12 Q. WHEN YOU FIRST GOT INTO THE DRUG DEALING BUSINESS DESCRIBE
21 A. CORRECT.
22 Q. AND HOW WAS IT THAT YOU ALREADY HAD THESE CUSTOMERS WHO
24 A. WELL BECAUSE THOSE WERE THE ONES THAT COULD AFFORD, YOU
164
2 DIFFERENT FORMS THAT, YOU KNOW, YOU CAN'T WALK INTO A PLACE
4 VEHICLES.
9 TRANSITION, YOU ALREADY HAD THE CUSTOMERS IN PLACE FROM THE CAR
11 A. YEAH, I HAD KNOWN FOR A WHILE, I KNEW WHERE THEY LIVED AT.
13 Q. HOW IS IT THAT YOU WERE ABLE TO GET THE SUPPLY FROM TERRY
14 FLENORY?
22 HIS MONEY. HE COULD RECAP HIS MONEY BACK, AND AT THE SAME TIME
23 ALLOW ME TO JUST ISOLATE JUST DOING, YOU KNOW, THE CARS AND
24 HOUSES FOR HIM AND AT THE SAME TIME EARN A LIVING AS WELL.
165
5 ALONG IN HERE.
7 AS ANY.
10 (RECESS)
15 (JURY PRESENT)
18 BY MS. SCHANSMAN:
166
1 A. FEBRUARY OF 07.
3 A. CORRECT.
7 A. THIS IS TERRY.
12 BY MS. SCHANSMAN:
14 A. YES, IT IS.
17 A. YES.
20 A. THIS IS CORRECT.
22 A. YES.
167
1 BY MS. SCHANSMAN:
4 Q. NOW THIS LICENSE SAYS RICARDO SANTOS BUT YOU KNOW THAT
6 A. CORRECT.
15 A. CORRECT.
20 BROTHERS?
21 A. THIS IS CORRECT.
22 Q. NOW AT THAT POINT YOU WENT TO THE MEECH SIDE, IF YOU WILL,
23 OF THE ORGANIZATION?
24 A. CORRECT.
168
2 Q. DESCRIBE FOR US THE PROCESS WHEN YOU WOULD BUY DRUGS FROM
8 SPOKE ABOUT.
13 YOU WOULD LET HIM KNOW THAT YOU HAVE THE MONEY FOR
15 YOU WOULD COUNT THEM OUT AS THEY'RE PUTTING THEM IN THE DUFFLE
16 BAG, AND THEN FROM THERE YOU'D GET IN YOUR VEHICLE AND GO, YOU
19 A. 35 MINUTES.
169
1 Q. OKAY. HOLD ON. YOU SAID IF YOU HAVE 400,000 YOU CAN GET
3 A. 400,000 DOLLARS.
5 A. 20 KILOS OF COCAINE.
6 Q. I'M SORRY, YOU SAID IF YOU GET 400 YOU GET 20. WHAT IF
12 LIKE ACTUALLY WHEN YOU MEET HIM YOU SAY LOOK, I NEED 15 OF
15 20TH, SO I'LL CALL YOU, AND WHEN I CALL YOU, JUST COME OVER
19 A. UH-HUH (AFFIRMATIVE).
21 HOUSE?
23 Q. OF WHAT?
170
1 A. SEVERAL TIMES.
5 A. NO.
6 Q. ALL RIGHT. NOW YOU SAID WHENEVER HE WOULD CALL YOU, YOU'D
7 PLACE YOUR ORDER WITH THIS INDIVIDUAL. WHO ARE YOU TALKING
8 ABOUT?
12 A. RIGHT.
16 A. HIS ASSISTANT.
17 Q. NOW, WHEN YOU GET THERE HOW MANY PEOPLE ARE THERE? LIKE,
23 YOU PROBABLY MAY HAVE TWO OR THREE PEOPLE COUNTING MONEY, AND
24 THEN YOU PROBABLY WOULD HAVE J-BO THERE, AND YOU WOULD HAVE
171
1 ACTUALLY GET YOUR ORDER TO YOU, AND THEN THE OTHER INDIVIDUALS
2 WOULD BE THOSE WHO EITHER LIVED AT THE HOUSE OR WHO WERE JUST
4 Q. WHO WERE SOME OF THE PEOPLE THAT YOU SAW ON -- HOW MANY
8 A. YES, IT IS.
9 Q. WHEN YOU WENT OVER TO THE GATE THIS SEVEN OR TEN TIMES WHO
14 WOULD HAVE BLEU DAVINCI. YOU WOULD HAVE THROW BACK, D-SHOCK,
15 AND TITO.
16 Q. AND WHO WERE THE PEOPLE AS YOU SAID PLACING THE ORDERS AND
23 A. RIGHT.
172
1 RIGHT THERE.
3 A. HUH?
5 A. FLEMINGS DANIEL.
14 BY MS. SCHANSMAN:
17 A. ILL.
19 A. UH-HUH (AFFIRMATIVE).
21 TYPICALLY?
173
3 Q. NOW, YOU SAID THAT HE'S THERE AND HE'S TALKING TO THE
6 A. YEAH, IT WAS LIKE IT'S ALL ON ONE FLOOR, ALL ON ONE LEVEL
7 OF THE LIVING ROOM AND THE BEDROOM IS ALL JUST LIKE ONE FLOOR,
9 Q. FROM ONE AREA TO THE NEXT CAN YOU SEE WHAT'S GOING ON?
17 BEDROOM. YOU CAN'T SEE FROM THE GAMBLING AREA TO WHERE THE
18 BEDROOM IS.
19 Q. YOU SAID THAT ON ONE OCCASION YOU ACTUALLY SAW MR. FLEMING
22 WITH IT, AND HE WAS ALSO THERE PICKING UP AS WELL. THE EXACT
23 AMOUNT I DON'T KNOW, BUT IT WAS PROBABLY JUST -- FROM THE SIZE
174
1 MIND?
5 RESIDENCE?
6 A. YEAH, YOU KNOW, CHAD BROWN WAS LIVING THERE. D-SHOCK WAS
9 STAYED THERE, WAS LIVING THERE ON AND OFF BUT THERE WAS ALWAYS
10 SOMEBODY HOME.
12 DRUGS IN. HOW WOULD THE DRUGS -- WERE YOU EVER THERE WHEN THE
15 OCCASIONS.
18 LINCOLN TOWN CAR AND THERE WAS ALSO A VAN. THOSE ARE THE TWO
20 Q. ARE THESE CARS THAT YOU HAD OBTAINED FOR THE BMF?
21 A. NO.
22 Q. DID YOU EVER SEE WHERE THE DRUGS WERE IN THESE VEHICLES?
25 YOU'RE OPENING THE BACK DOOR, THEY WOULD BE ON THE LONG WALL
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175
1 HERE.
3 THAT WOULD BE THE LITTLE BAR AREA THAT THEY HAVE, BUT THEY HAVE
4 A LONG SEAT THAT GOES ALL THE WAY TO THE BACK. IT WOULD BEHIND
7 COMPARTMENT BEFORE?
8 A. YES.
12 WAS TAKEN OUT, COUNTED AND SEPARATED INTO, YOU KNOW, ORDERS
13 THAT YOU WOULD HAVE IF YOU HAVE ORDERED SOMETHING FROM SAM'S
18 DURING THE DAY SO THAT EVERYONE GETS THEIR ORDERS AND IT ALL BE
20 Q. ALL RIGHT. WHAT WAS THE VOLUME, WHAT WAS THE QUANTITY OF
21 DRUGS THAT THEY WERE BRINGING IN LIKE THE LIMOS AND TOWN CAR
24 Q. 150 WHAT?
176
2 EXPERIENCE?
4 Q. NOW WHEN YOU WERE THERE PICKING UP YOUR DRUGS, YOU SAID
5 J-BO WAS THERE. WAS MEECH EVER THERE WHEN YOU PICKED UP YOUR
6 DRUGS?
9 HOUSE.
14 A. CORRECT.
18 Q. AND THAT'S WHERE YOU SAW MEECH WHENEVER YOU WENT TO PICK
19 UP DRUGS?
20 A. RIGHT.
21 Q. WHEN YOU'RE AROUND J-BO AND MEECH WHENEVER YOU WERE GOING
23 DRUGS?
25 Q. THE ELEVATOR?
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177
1 A. YES.
5 Q. WHAT ABOUT MEECH, DID MEECH EVER ACTUALLY HAND YOU DRUGS?
6 A. NO.
9 A. NO.
10 Q. NOW YOU SAID YOU KNEW THE DEFENDANT MR. DANIELS. HOW DID
13 THE TIME.
17 BY MS. SCHANSMAN:
178
2 A. ABOUT 150,000.
3 Q. 150,000 DOLLARS?
4 A. UH-HUH (AFFIRMATIVE).
8 CASH.
22 DOLLARS?
179
2 SOMETHING?
4 HIS HANDS.
5 Q. AND WHAT WERE THE MONTHLY PAYMENTS ON THE CAR, THIS CAR?
6 A. 2300.
12 KIND OF NOT LIKE A STICK SHIFT, YOU KNOW, IT'S A LITTLE MORE
15 BEGIN WITH, BUT THE OWNER OF THE VEHICLE SAID THERE WAS NOTHING
19 HAD TO SEND A TOW TRUCK TO GO AHEAD AND GET THE VEHICLE, AND IT
24 Q. OKAY. NOW YOU SAID EARLIER THAT YOU SAW MR. DANIELS
180
1 SAY?
12 RIGHT?
13 A. THE 28TH.
18 A. YES, I DID.
25 OUT OVER THE PHONE, YOU CAN'T SIT BACK AND SAY OKAY, I PAID
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181
2 WE HAVE --
3 Q. LET ME ASK YOU ABOUT THAT. YOU SAID YOU CAN'T DO THAT
6 YOU DON'T TALK ABOUT ANY MONEY OVER THE PHONE BECAUSE WHAT
10 YOU'RE DOING?
14 ABOUT ILLEGAL STUFF, THE DRUGS AND CARS OVER THE PHONE?
15 A. OR WE'LL GO TO JAIL.
16 Q. NOW, I'M SORRY, I INTERRUPTED YOU. YOU SAID YOU HAD BEEN
17 STOPPED AT THE AIRPORT AND YOU HAD BEEN DOWN TO SEE MR.
18 BIVENS.
22 WAS SPENT.
24 RECEIVE ABOUT 30 KILOS FROM ERIC BIVENS FOR TERRY FLENORY AND
182
4 PAID FOR THE FAMILY. SO I WOULD HAVE TO DEDUCT THAT OUT OF THE
5 MONEY OR I WOULD TAKE THAT OUT OF THE DRUG PROCEEDS TO PAY FOR
7 Q. SO THE DRUGS THAT YOU WERE SELLING YOU WOULD TAKE THE CASH
10 TOOK OUT WHAT MY PERCENTAGE WAS FOR SELLING THEM, THE BALANCE
12 CALIFORNIA.
15 DOLLARS?
16 A. RIGHT.
21 A. RIGHT.
22 Q. SO HOW DID YOU MAKE THIS REPORTING; HOW DID YOU KEEP TRACK
183
4 COMING BACK FROM THE AIRPORT WAS SOMETHING THAT HE SAID THAT HE
9 A. YES, I DO.
11 A. YES, IT IS.
16 BY MS. SCHANSMAN:
21 Q. RIGHT HERE?
22 A. YES.
23 Q. WHAT'S THIS?
184
3 A. RIGHT.
4 Q. WHAT'S THAT?
6 THE VEHICLES AND TO PUT THE COCAINE IN THE CARS AND EVERYTHING
8 DOLLARS.
9 Q. NOW, YOU'VE GOT THIS INS OVER HERE. WHAT'S THAT COLUMN?
21 A. WOULD BE 38.
185
1 Q. NOW, THIS SAYS OLD BALANCE OVER HERE. WHAT IS THIS OVER
8 TO START THEM OFF FROM THE BEGINNING AND SAY OKAY, I PUT MY
12 CREDIT CARD, YOU KNOW, PAST DUE BALANCE OR PAST DUE PAYMENT WAS
15 TIME?
18 GOING TO HAVE 37,000 DOLLARS FOR TEXAS HOME AND -- IT'S KIND OF
21 A. ALL RIGHT.
24 TEXAS THAT WE WERE LOOKING TO BUY. SO THAT WAS THE MONEY THAT
186
4 A. YEAH, FOR THE FAMILY. YOU SEE IT SAYS PHONE BILL FOR
6 Q. HERE?
8 52,000 THAT WAS FOR THE DAYCARE THAT WE WERE BUYING IN ATLANTA.
16 TRAVEL, 5,000 TRAVEL YOU HAVE THERE FURTHER UP, AND THEN YOU
17 HAVE IF YOU GET DOWN TOWARDS THE BOTTOM YOU HAVE -- YOU SEE
19 Q. RIGHT HERE?
20 A. UH-HUH (AFFIRMATIVE).
21 Q. NOW, WHAT'S THIS OVER HERE? IT SAYS 745, 30, 3100 AND 17?
25 Q. AND YOU'VE GOT FREAK UNDER HERE WITH 5,000 NEXT TO IT?
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187
4 A. I DO NOT.
6 A. YES.
10 A. CORRECT.
11 Q. AND 4,000 WITH 1500 AND NEXTEL WRITTEN, WHAT DOES THAT
12 MEAN?
13 A. RIGHT, THE 4,000 WAS FOR WHAT HE OWED BACK ON HIS VEHICLE
14 NOTES THAT WAS ACTUALLY PUT OUT, AND 1500 WAS WHAT HE OWED ON
16 Q. AND THIS WAS BASICALLY A BALANCE SHEET FOR ONE MONTH THAT
17 YOU WERE GIVING TO ERIC BIVENS WHICH IS THE TERRY SIDE, RIGHT?
22 Q. RIGHT HERE?
25 BLACK X5, THE BLACK X5 THAT WAS ILL'S X5, AND THEN WE HAVE
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188
3 ACTUALLY ONCE AGAIN BREAK DOWN AND SEPARATE IT AGAIN FOR THE
4 TWO FAMILIES.
5 Q. ALL RIGHT, SIR. NOW WERE THE ONE THAT WAS ALWAYS DOING
6 THIS, OR DID YOU HAVE SOMEONE ELSE THAT YOU EVENTUALLY GOT TO
7 DO THIS?
12 TOO WELL.
16 INSTEAD OF DOING IT CODED THIS WAY, I WENT AHEAD AND JUST GAVE
19 A. CORRECT.
23 KNOW, GETTING CARS AND EVERYTHING ELSE FOR THOSE OF THE FAMILY
189
2 A. YEAH.
4 A. YES, I DO.
11 BY MS. SCHANSMAN:
12 Q. WHO IS THIS?
15 A. UH-HUH (AFFIRMATIVE).
19 A. NO.
21 A. NO.
23 A. YES.
24 Q. NOW, WHEN YOU LOOK AT THIS LEDGER AND YOU MENTIONED THAT
25 THERE WAS AN ILL LISTED ON THERE, I BELIEVE THAT WAS THE 4,000
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190
2 A. UH-HUH (AFFIRMATIVE).
5 Q. I'M SORRY?
8 A. UH-HUH (AFFIRMATIVE).
10 A. UH-HUH (AFFIRMATIVE).
16 A. YEAH.
20 A. YES, I DO.
21 Q. WHO IS THAT?
24 JACKSON?
25 A. UH-HUH.
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191
2 A. CORRECT.
6 A. CORRECT.
7 Q. HAVE YOU EVER HEARD HIM USE THAT NAME BEFORE OTHER THAN ON
9 A. YES, CORRECT.
17 ABOUT IT, AND I JUST SAID I WAS TIED UP, KARREAM WOULD TAKE
20 A. YES, I DO.
21 Q. WHO IS THAT?
23 Q. AND IT'S GOT THE NAME JASON ROBINSON. HAVE YOU EVER HEARD
192
3 SAY.
7 TERRY BOWLES DOWN IN TENNESSEE, AND I WOULD LET HIM KNOW HERE'S
10 SECURITY NUMBERS FOR THAT, AND I WOULD GIVE HIM THE INFORMATION
11 AND THEY CAN GET ON THE ROAD AND GO STRAIGHT TO HIM, AND ONCE
14 EXHIBIT 19-A.
18 CROSS-EXAMINATION
19 BY MR. O'BRIEN:
21 YOU NEVER GOT ANY DRUGS FROM MR. DANIELS, DID YOU?
22 A. NO.
24 A. NO.
25 Q. AND YOU SAID THAT YOU SAW MR. DANIELS PICK UP DRUGS ONE
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193
1 TIME?
2 A. CORRECT.
4 A. CORRECT.
7 Q. BLACK WHAT?
10 A. EXCUSE ME?
15 WASN'T.
23 BY MR. O'BRIEN:
194
1 Q. WHAT DATE?
2 A. I'M NOT EXACTLY SURE WHAT DATE IT WOULD BE. WHEN I SAY
4 FEBRUARY.
6 UNDERSTAND IT THAT'S THE ONLY TIME YOU SAY YOU SAW MR. DANIELS
7 RECEIVE DRUGS?
8 A. CORRECT.
10 A. CORRECT.
12 IN MAY 2006?
13 A. WHAT STATE?
14 Q. MICHIGAN?
15 A. CORRECT.
18 A. CORRECT.
195
3 DEMETRIUS FLENORY AND ALSO TERRY FLENORY WHO WERE THE FOUNDERS
4 OF THE BMF.
7 A. YES, I DO.
8 Q. I GOT THE NOTES ON THAT, TOO. DID YOU JUST AGAIN DIDN'T
9 BRING --
14 EITHER?
20 THE BMF, AND WHEN I SPOKE I SPOKE ABOUT 1700 KILOS BEING DONE
196
1 HIS ROLE OR WHAT RANKING HE WOULD HAVE FALL UNDER, BUT AS FAR
10 SAYING THAT YOU HAVE OR ARE AWARE OF THAT WOULD CONFIRM THAT
12 SUGGEST?
14 Q. YES.
17 OF DOCUMENTATION.
22 A. THIS IS CORRECT.
24 A. THIS IS CORRECT.
197
2 TIME THAT MR. DANIELS GAVE YOU A BAG WITH 25,000 DOLLARS IN IT?
3 A. CORRECT.
7 A. AT THE TIME OF HIM PICKING THE VEHICLE UP, YES, THERE WERE
8 SEVERAL.
17 THAT YOU MET AT THE LENOX PARKING LOT AND HE GAVE YOU 25,000
18 DOLLARS?
24 QUESTION.
198
1 THE QUESTION?
3 THERE ANYBODY ELSE THAT COULD VERIFY THIS AND THAT'S WHAT I WAS
6 QUESTION.
9 ANYBODY.
14 AT THE TIME WHO WERE THERE WHEN HE RECEIVED THE CAR. ONE OF
21 BY MR. O'BRIEN:
199
4 BY MR. O'BRIEN:
6 PARKING LOT?
11 15,000 DOLLARS AND TOOK THAT VEHICLE AWAY WITH HIM ALL THOSE
13 Q. MR. MARSHALL, DID YOU SAY THAT -- I THINK YOU SAID IT WAS
16 A. THIS IS CORRECT.
17 Q. DID YOU FORGET TO TELL THE GRAND JURY THAT, TOO; DID THAT
21 Q. AND DID YOU FORGET TO TELL THE AGENT THAT WHEN YOU WERE
200
1 Q. BUT YOU NEVER SAID THAT IN FRONT OF THE GRAND JURY, DID
7 Q. MR. MARSHALL, DID YOU SAY THAT YOU WERE INVESTING MONEY,
9 A. CORRECT.
14 MONTH.
16 A. MOST OF THEM.
20 SOMETHING OUTRAGEOUS.
24 THAT CORRECT?
201
1 ABOUT RIGHT.
2 Q. AND YOU WERE ASKED ABOUT COUNTING MONEY AND THINGS SUCH AS
3 THAT AND --
7 HE SHOULD PROVIDE HIM WITH A COPY OF THE TRANSCRIPT AND ASK HIM
11 THE QUESTIONS.
13 BY MR. O'BRIEN:
17 IMPEACHMENT?
20 IMPEACHMENT.
202
1 THAT.
2 BY MR. O'BRIEN:
6 MILLION DOLLARS?
7 A. CORRECT.
9 ATLANTA?
13 2 MILLION DOLLARS?
14 A. YEAH.
16 MONEY?
17 A. TERRY FLENORY'S.
18 Q. WHO WAS PRESENT WHEN THAT MONEY WAS BEING COUNTED, SIR?
24 Q. IN FACT YOU TOLD THE GRAND JURY HE WAS NOT THERE; DO YOU
25 RECALL THAT?
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203
5 BY MR. O'BRIEN:
6 Q. THE FACT IS MR. DANIELS WAS NOT THERE; ISN'T THAT CORRECT?
16 YOU'RE SAYING.
18 A. YES, SIR.
20 A. HE'S A RAPPER.
23 A. YEAH.
24 Q. AND WHEN WAS THAT, SIR, AND WHERE WAS THAT IF YOU RECALL?
204
1 LOT OR LIKE -- YEAH, KIND OF LIKE THEY HAD A PLACE THAT DID
8 BY MR. O'BRIEN:
20 A. YEAH.
23 TODAY?
24 A. I HAVE NO IDEA.
205
1 A. YEAH.
2 Q. WHO IS HE?
3 A. HE'S PART OF THE MUSIC GROUP THAT HAD THAT BIG INDICTMENT
6 A. NO.
9 Q. MR. MARSHALL, LET ME ASK YOU SOME THINGS ABOUT SOME OF THE
13 A. CORRECT.
14 Q. AND WHEN YOU SAY STRAW PURCHASES, YOU MEAN THAT YOU WERE
17 WERE DOING?
20 MAY MAKE 20, 20 OR 38,000 DOLLARS A YEAR. THE VEHICLE MAY COST
25 SO YOU WOULD HAVE TO BRING HOME NET MONEY 45,000 DOLLARS WHICH
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206
2 SALARY OF 75 TO 80,000.
4 DOING THE CARS FOR DRUG DEALERS WHO WERE DRIVING THE VEHICLES
9 THAT'S THE STRAW PART. THE STRAW PART IS THE CAR IS FOR
10 SOMEONE ELSE. THE BANK AND WIRE FRAUD COMES IN DOING THE
11 APPLICATION FALSELY.
15 A. CORRECT.
16 Q. AND HOW MANY TIMES DID YOU PRESENT THESE FALSE RECORDS,
21 A. THIS IS CORRECT.
22 Q. WERE YOU SIGNING THEM, MR. MARSHALL, WERE YOU SIGNING THEM
24 A. NO, ONCE AGAIN, THERE WAS A PHYSICAL PERSON WHO THE CAR
25 WAS IN THEIR NAME. SO THEY WOULD SIGN THEIR OWN NAME. THEN
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207
2 THE BANK AND WIRE FRAUD COMES IN IS THAT THE JOB WAS
3 MADE UP, BUT IT WAS AN ACTUAL PHYSICAL PERSON WHO WOULD SIGN
4 THEIR OWN I HEREBY CERTIFY THIS AND TENDER THEIR OWN DRIVER'S
13 A. I'M NOT EXACTLY SURE HOW MANY BANKS THERE WERE BUT FORD,
16 A. NO, I SAID I DON'T GIVE THE EXACT NUMBER. I GAVE YOU THE
17 EXACT AMOUNT.
18 Q. LET ME ASK YOU DID YOU SAY YOU WERE BASICALLY DOING THE
208
4 DOCUMENTATION.
5 Q. WERE YOU THE MAN THAT WAS PREPARING WHATEVER PAPERWORK WAS
10 HOUSE?
14 Q. MR. MARSHALL, LET ME ASK YOU THIS. WERE YOU AIDING AND
19 AGAIN.
22 MARSHALL?
25 PHYSICAL, FLESH AND BLOOD PEOPLE WHO COULD SIGN THEIR OWN NAME
Case 1:07-cr-00233-ODE-RGV Document 495 Filed 03/23/2009 Page 209 of 234
209
2 IDENTIFICATION.
6 Q. OKAY. AND YOU WERE THE ONE THAT PREPARED THE PAPERWORK OR
17 A. CORRECT.
19 A. WELL, HE HAD A --
20 Q. HE BEING WHO?
24 AND THERE WAS A LOT OF HEAT BEING BROUGHT DOWN AMONGST THE
210
1 COUPLE OF THINGS.
3 GEORGIA COOL DOWN A LITTLE BIT, AND AT THE SAME TIME HE WAS
11 BY THE END OF THE MONTH WHICH HE WOUND UP PAYING FOR MAYBE ONE
12 OR TWO MONTHS.
19 A. NO.
21 A. NO.
23 THIS HOUSE?
211
1 WHEN YOU HAVE 20 PEOPLE ALL COMING IN THE HOUSE AT TWO O'CLOCK
5 COULD LIVE THERE. THEY COULD DO THEIR MUSIC. THEY COULD PLAY
6 NINTENDO. THEY COULD SWIM IN THE POOL AND THEY WOULDN'T BE ALL
12 Q. NO, NO. DID YOU EVER SEE THE RECORDING STUDIO THAT IS
14 A. NO.
15 Q. WAS IT MIAMI?
16 A. YES.
19 A. THIS IS CORRECT.
21 CORRECT.
24 A. DUI'S, YEAH.
212
1 A. NO.
3 A. NO.
4 Q. WERE YOU USING DRUGS DURING THE TIME THAT YOU CONTEND YOU
6 ACTIVITIES?
11 A. CORRECT.
15 A. UH-HUH (AFFIRMATIVE).
20 A. CORRECT.
23 BUYING A CAR BACK FROM A GENTLEMAN WHO SAID THAT HE HAD JUST
213
2 CONVICTED?
10 CONVICTIONS.
12 ONE?
17 THE OWNER HAD ME CALL THE CUSTOMER WHO GAVE US -- I WAS THE
18 SALES MANAGER, AND I CALLED THE CUSTOMER LETTING HIM KNOW THAT
21 BUT THE THING THAT I DID AT THE POINT WAS I SAID THAT
214
1 TIME, HER UNCLE WAS THE CHIEF OF POLICE FOR EAST POINT. SO
5 AND WHAT HAPPENED WAS THEY SAID LOOK, YOU SIGN HERE AND YOU
6 JUST GET PROBATION AND WE'LL GIVE YOU A SLAP ON THE WRIST AND
24 BY MR. O'BRIEN:
215
3 FOR 2005, NO. NONE OF THESE THINGS YOU'VE MENTIONED HAVE BEEN
4 ANY CONVICTIONS.
9 READING THROUGH A SHEET THAT CONTAINS STUFF THAT MAY HAVE BEEN
16 TO SAY AT A GLANCE.
19 BY MR. O'BRIEN:
20 Q. MR. MARSHALL, LET ME ASK YOU SOMETHING ELSE NOW ABOUT THE
21 DEAL, YOUR DEAL HERE, OKAY, THE REASON WHY YOU'RE HERE TODAY.
22 NOW HOW MANY CASES DID YOU HAVE PENDING AGAINST YOU
23 BEFORE YOU CUT SOME SORT OF DEAL WITH THE GOVERNMENT? HOW MANY
25 A. I HAD TWO CASES. THEY WERE BOTH FOR MONEY LAUNDERING AND
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216
2 Q. AND YOU HAD CASES IN ORLANDO AND YOU HAD CASES IN ATLANTA;
3 IS THAT CORRECT?
5 Q. AND AS PART OF THE PLEA DEAL NOT ONLY DID YOU -- IS THERE
18 BY MR. O'BRIEN:
20 ATLANTA, HOW MANY COUNTS DID YOU PLEAD TO; DO YOU REMEMBER?
24 CAN'T REMEMBER THE NAME OF IT, BUT THE DOCUMENT THAT I HAVE
217
2 70.
5 AGAINST YOU?
7 SITUATION THERE WERE LIKE 200 AND SOME ODD CARS WHICH MEANS
12 INDICTMENT AND --
16 CASE?
21 BY MR. O'BRIEN:
23 MARSHALL?
218
2 COUNTS IN YOUR --
4 TO YOU THEY SAID THOSE ACCOUNTS WERE -- WHAT THEY DID WAS
7 ALL THAT MONEY AND STUCK ME WITH IT AND SAID I OWE IT.
12 DOLLARS.
21 CORRECT?
22 A. THIS IS CORRECT.
219
3 Q. AS PART OF THE DEAL YOU GOT YOU DIDN'T EVEN HAVE TO OWN UP
10 AND BECAUSE I GOT FOUR POINTS FOR LEADERSHIP ROLE ENHANCED AND
16 HAVE TO PAY THE MONEY BACK. WITH THE DRUG OFFENSE I WOULDN'T
23 SO THE SENTENCE FOR BOTH OF THEM AT THE SAME TIME WAS EIGHT
24 YEARS.
25 BY MR. O'BRIEN:
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220
1 Q. AND YOU KNEW AT THE TIME THAT YOU MADE THE DEAL THAT WITH
2 THE AMOUNT OF DRUGS THAT YOU TALKED ABOUT AND THAT YOU'VE
4 LIFE IN PRISON.
5 YOU KNEW THAT AT THE TIME THAT YOU DECIDED THAT YOU
6 WOULD TELL THESE PEOPLE WHAT YOU TOLD THE JURY TODAY; YOU KNEW
11 THEY WERE SHOCKED TO FIND OUT. I WAS THE ONE WHO TOLD THEM.
13 THE ACTUAL NUMBER THAT I HAVE DONE BECAUSE IT'S ALL BASED ON
18 A. THAT'S NEVER WHAT I WAS CHARGED WITH AGAIN. THERE WAS NOT
221
2 UP AND THEY SAID WELL HOW MUCH DID YOU TRAFFIC AND I TOLD THEM
6 A. THIS IS CORRECT.
11 A. OKAY.
14 A. IF I WENT TO TRIAL.
19 THEY SAID WAS THAT WE'RE GOING TO BRING THEM BOTH TOGETHER AND
20 SENTENCE YOU.
22 AND I DID THIS STUFF HERE FOR AN INDIVIDUAL. IT WAS ALL DONE
23 FOR THE BMF ORGANIZATION. THAT'S WHY IT WAS -- IT WAS JUST ONE
24 CONGLOMERATE.
222
3 Q. SO NOT ONLY DID YOU GET ALL THESE COUNTS DROPPED AND YOU
4 GOT THE WONDERFUL DEAL THAT YOU GOT, BUT YOU'RE EXPECTING A
7 MR. MARSHALL?
9 DOING WHAT I AGREED TO. IF I'M CALLED ABOUT SOMETHING AND OVER
10 THE LAST TWO AND A HALF YEARS AND FIVE TO SEVEN STATES THERE
11 HAS NOT BEEN ONE INSTANCE WHERE ANYTHING I'VE SAID HAS BEEN
12 WRONG OR UNTRUTHFUL.
19 MR. MARSHALL?
20 A. EXCUSE ME.
22 WAITING TO PRESENT --
223
5 A. EXCUSE ME.
8 MARSHALL?
12 Q. LET ME ASK YOU THIS. DO YOU KNOW THIS FELLOW SITTING OVER
13 HERE?
15 Q. YES.
18 A. WELL, THE VERY FIRST TIME MR. HARVEY AND I MET EACH OTHER
21 TO SHOW YOU SOME PICTURES AND I WANT TO ASK YOU ABOUT SOME
23 TO SAY TO YOU.
25 ABOUT ANYTHING. I'M NOT GOING TO TALK, AND THEN I SAID I'M
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224
3 ARRESTED.
5 ATTORNEY AND I SAID THIS IS WHAT IT IS. I TOLD HIM YOU'RE NOT
9 KNOW, SO --
13 Q. HOW MANY TIMES DID YOU MET WITH OTHER AGENTS TO DEBRIEF
225
6 EACH TIME THAT YOU GO TESTIFY DID YOU HAVE OCCASION TO TALK TO
12 PROBABLY MONTHS BEFORE THEY ASK ME EVERYTHING AND THEY SAY, YOU
13 KNOW, WE MAY NEED YOU TO TESTIFY. SO, FOR EXAMPLE, I MAY TALK
14 TO YOU, SAY YOU'RE THE AGENT I MAY TALK TO YOU IN JANUARY. THE
17 THAT I'M AT. I'M PUT ON A PLANE AND I'M SENT TO THE LOCATION
22 MR. SADOW, AND FROM THE VERY FIRST MEETING HE SAID IF YOU'RE
23 GOING TO WORK WITH THESE PEOPLE YOU DON'T NEED ME. HE SAID
226
3 TESTIFIED?
7 TESTIMONY.
12 ME.
18 THAT CORRECT?
23 A. EXCUSE ME?
25 HE?
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227
2 ONE WORD IS NOT THE TRUTH THEN ANYTHING I'VE EVER DONE I CAN BE
11 REDIRECT EXAMINATION
12 BY MS. SCHANSMAN:
14 THE BENEFIT THAT YOU GET. WHAT ARE SOME OF THE DANGERS OF
17 WAS ANOTHER CASE WHERE I WAS IN DETROIT AND THERE WAS AN ATTACK
18 PUT ON MY LIFE.
21 I'M BEING HOUSED NOW, IT'S 23 HOURS LOCKDOWN, AND THEN YOU'RE
23 PLACE TO PLACE AND YOU'RE HELD INSIDE THE FACILITIES WHERE YOU
24 DON'T GET TO SEE YOUR KIDS. I MAY GO TWO YEARS, 18 MONTHS AND
25 DON'T SEE YOUR KIDS. SO, YOU KNOW, IT AIN'T ALL CRACKED UP
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228
3 THE JAIL?
4 A. NO.
5 Q. NOW, MR. O'BRIEN ASKED YOU ABOUT WHEN YOU HAD OBSERVED
11 A. TERRY FLENORY'S.
13 FLENORY?
18 A. DEMETRIUS FLENORY.
24 A. CORRECT.
229
6 A. OKAY.
7 Q. CAN YOU JUST READ THAT FIRST SENTENCE THERE FOR ME?
8 A. NUMBER 11?
9 Q. YES.
25 REASON WHY THEY CHOSE TO USE ME MORE BECAUSE I GAVE MORE ABOUT
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230
8 RECROSS-EXAMINATION
9 BY MR. O'BRIEN:
12 COULD CONCEIVABLY --
15 A. IT WAS CONSPIRACY.
19 ABUSE AND RAZOR BLADES IN YOUR FOOD AND THINGS LIKE THAT --
20 A. CORRECT.
24 THAT RIGHT?
231
7 (JURY RETIRED)
11 CASE, BUT BECAUSE OF THE RULE 20, IT WAS A JUDGE IN THE MIDDLE
12 DISTRICT OF FLORIDA.
232
5 MORNING.
6 (PROCEEDINGS ADJOURNED)
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Case 1:07-cr-00233-ODE-RGV Document 495 Filed 03/23/2009 Page 233 of 234
233
1 INDEX
3 JOHN F. HARVEY
DIRECT EXAMINATION
4 BY MR. MCBURNEY: ........................................... 32
CROSS-EXAMINATION
5 BY MR. O'BRIEN: ............................................ 80
REDIRECT EXAMINATION
6 BY MR. MCBURNEY:........................................... 109
RECROSS-EXAMINATION
7 BY MR. O'BRIEN: ........................................... 121
8 APRIL MOODY
DIRECT EXAMINATION
9 BY MS. SCHANSMAN: ......................................... 127
CROSS-EXAMINATION
10 BY MR. O'BRIEN: ........................................... 142
REDIRECT EXAMINATION
11 BY MS. SCHANSMAN:.......................................... 145
12 WILLIAM MARSHALL
DIRECT EXAMINATION
13 BY MS. SCHANSMAN: ......................................... 146
CROSS-EXAMINATION
14 BY MR. O'BRIEN: ........................................... 192
REDIRECT EXAMINATION
15 BY MS. SCHANSMAN:.......................................... 227
RECROSS-EXAMINATION
16 BY MR. O'BRIEN:............................................ 230
17
18
19
20
21
22
23
24
25
Case 1:07-cr-00233-ODE-RGV Document 495 Filed 03/23/2009 Page 234 of 234
2 C-E-R-T-I-F-I-C-A-T-E
11 AFORESAID.
14
15
16
17
18
19 ANDRE G. ASHLEY
OFFICIAL COURT REPORTER
20 NORTHERN DISTRICT OF GEORGIA
21
22
23
24
25