COWBOY TESTIMONY AGAINST DUDUS PART 1

2 Q. Where was he sitting in the room? 3 A. He was sitting behind a desk. 4 Q. Was there other furniture in the room other than a desk? 5 A. Couple of chairs. 6 Q. When you went in the room was he in there alone or with 7 other people? 8 A. He was in there alone. 9 Q. Did you subsequently stay in the room and meet with him? 10 A. Yes, ma’am. 11 Q. During that time did other people come in and out of the 12 room? 13 A. Yes, ma’am. 14 Q. What did he say to you? 15 A. Well, he told me that he wanted, he gave me the passports, 16 and told me that he wanted me to get the visas for him. 17 Q. How many passports did he give you? 18 A. Maybe around six. 19 Q. What if anything did he say about how they were going to be 20 used, by they I mean the visas that he was asking you to get? 21 A. He said to me that these people that will be getting these 22 visas are not coming to America for any joy ride, they will be 23 carrying up drugs. 24 Q. What specific arrangement did you make with him at the 25 meeting with regard to obtaining the visas?

 C5N4COK3                 Brown - direct  1    A.  Well, I told him that I would need the people to prep and  2    to prepare and I will need payment for the visas.  3    Q.  Did you discuss with him a particular date when you could  4    meet with the applicants to prepare them?  5    A.  Yes, ma'am.  6    Q.  What did you say to him about paying you for the visas at  7    this point?  8    A.  He said he will take care of me.  9    Q.  What if anything did you say about the timing of payment? 10    A.  After he get the visas. 11    Q.  Was that how you dealt most of your customers, allowing 12    them to pay you after you obtained the visas? 13    A.  No, ma'am. 14    Q.  What did you usually require? 15    A.  We will collect most of the money. 16    Q.  You would usually collect most of the money when? 17    A.  When we got the passports from them. 18    Q.  Why did you offer to wait until you got the visas to 19    collect payment from the defendant? 20    A.  Because that was Duddus and I didn't want to tell him to 21    pay me, give me any payment. 22    Q.  How long did the meeting last? 23    A.  Maybe 20 minutes. 24    Q.  How did the meeting end? 25    A.  He tell me that they will take me back, he called somebody  outside and tell me they will take me, tell them to take me  2    back to St. Jago high school.  3    Q.  Were you then driven back to the high school?  4    A.  Yes, ma'am.  5    Q.  When you got back to the high school what did you do with  6    the passports the defendant had given you?  7    A.  I handed them over to the girls track team head coach.  8    Q.  Why did you give the passports to that person?  9    A.  He was the one that deal with that part of it. 10    Q.  What part of it are you referring to? 11    A.  To take them to the, to get the dates for the embassy, he 12    is the one that deal with all that part. 13    Q.  You say the date for the embassy, are you referring to the 14    appointment for the interviews? 15    A.  Yes, ma'am. 16    Q.  What did you tell him about who these visas were for? 17    A.  I told him that they are for Duddus. 18    Q.  How did he react to that? 19    A.  He was saying to me he never know that I was involved with 20    these type of people. 21    Q.  Did there come a time thereafter that the date that you had 22    set for the applicants to be prepared came to pass? 23    A.  Yes, ma'am. 24    Q.  What happened on that date? 25    A.  They came down St. Jago high school with the applicants. 

.  When you say they who are you referring to?  2    A.  Some of the guys that was always with him.  3    Q.  Did you recognize some of them from prior interactions?  4    A.  Yes, ma'am.  5    Q.  How many people did they bring with them?  6    A.  Six people.  7    Q.  How many were men; how many were women?  8    A.  Two were men; four were females.  9    Q.  Where did you meet with these people? 10    A.  At a house, I took them to a house across the street from 11    St. Jago high school. 12    Q.  Was that a location you used for conducting these sort of 13    preparatory meetings? 14    A.  Yes, ma'am. 15    Q.  Did you prepare the group individually or all at once? 16    A.  Individually. 17    Q.  What do you remember about the applicants in this group you 18    prepared? 19    A.  I remember a little young girl; she was crying and she 20    never wanted to do whatever she was supposed to do. 21    Q.  How old did you understand this girl to be? 22    A.  Maybe 11, 12 the most. 23    Q.  Why did you think she was that age? 24    A.  Because I was, we were going to bring her as a class treat 25    and that was around that age and she wasn't developed, she  looked young, she never had any breasts or anything like that.  2    Q.  What else did she say to you?  3             MR. DODDATO:  Objection.  4             MS. STRAUBER:  Basis.  5             THE COURT:  Are you limiting your question in any way.  6             MS. STRAUBER:  No, I am not limiting it.  First of  7    all, in a sentencing proceeding there is no barrier to the  8    government offering hearsay.  Second of all, this is someone  9    who was being tasked with carrying, I want to let the witness 10    finish his testimony, but I think we will show a connection 11    sufficient to admit this statement.  But we don't need to 12    because hearsay is admissible here. 13             THE COURT:  I don't think you have shown what the task 14    was that she was being asked to do. 15             MS. STRAUBER:  I am going to show that through the 16    answer to the witness's question.  I think I should be able to 17    ask the question. 18             THE COURT:  I think you can do it without an 19    open-ended question like that. 20    Q.  What did this young person say to you about what she was 21    going to be doing? 22             MR. DODDATO:  Objection. 23             THE COURT:  Objection overruled.  You can answer. 24    A.  She said she never wanted to. 25             MR. DODDATO:  Objection; not responsive to the                      SOUTHERN DISTRICT REPORTERS, P.C.  question that was posed.  2             THE COURT:  Objection overruled.  3    A.  She said she never wanted to do it but her brother messed  4    up some money from Duddus in the United States and so she had  5    to and that her father got a beat from them.  6             THE COURT:  Had to do what, she had to do what that  7    she didn't want to do; what was she saying she had to do.  8             THE WITNESS:  At the time she just said that she  9    didn't want to do it. 10             MR. DODDATO:  Can we move to strike the balance of the 11    witness's response then. 12             THE COURT:  No. 13             MS. STRAUBER:  I don't think that's appropriate. 14             THE COURT:  I will wait and see.  I will allow you to 15    move to strike it later. 16    Q.  What did you do when she became upset? 17    A.  I just tell her to calm down and she can't let them outside 18    hear her crying. 19    Q.  Did you tell her that she didn't have to go through with 20    it? 21    A.  No, ma'am. 22             MR. DODDATO:  Objection; leading. 23             THE COURT:  Objection overruled. 24    Q.  Did you tell her she didn't have to go through with it? 25    A.  No, ma'am.  Q.  Why not?  2    A.  I couldn't tell her that, ma'am.  3    Q.  Why did you feel like you couldn't tell her that?  4             MR. DODDATO:  Objection; asked and answered.  5             MS. STRAUBER:  Question has not been answered; it's a  6    new question.  7             THE COURT:  Objection overruled.  8    A.  Because if I told her that she didn't have to do it, I know  9    that my life could be in jeopardy. 10             THE COURT:  What was your understanding she was asked 11    to do? 12             THE WITNESS:  To take up drugs to the United States. 13    Q.  After you had met with the applicants did you speak to the 14    defendant's men who had brought them? 15    A.  Yes, ma'am. 16    Q.  What did you tell them? 17    A.  I gave them, I gave them details of how, what morning to 18    take them to the National Stadium and - 19             MR. DODDATO:  I am sorry, I can't hear the witness or 20    understand him. 21    A.  -- not the National Stadium, to the embassy, sorry. 22             MR. DODDATO:  I still can't understand, I apologize. 23             MS. STRAUBER:  I will ask another question. 24             THE COURT:  I will ask you to repeat your answer. 25    A.  I let them know when to take the people to the embassy and                      SOUTHERN DISTRICT REPORTERS, P.C. 
 other details of how the transaction and everything was going  2    to take place.  3    Q.  What was it that they were going to have to do at the  4    embassy?  5    A.  Bring the applicants for interview to get visas.  6    Q.  Did there come a time that the day they had to go to the  7    embassy came to pass?  8    A.  Yes, ma'am.  9    Q.  On that day what did you do? 10    A.  I was there with KC Graham and we took them inside the 11    embassy for interview. 12    Q.  After the interviews what happened next? 13    A.  After the interviews we got the passports back with the 14    visas. 15    Q.  After you got the visas what arrangements if any did you 16    make? 17    A.  For them to collect the visas down St. Jago high school. 18    Q.  What travel-related plans if any did you make? 19    A.  Well, I told them the flight number and travel agency to go 20    to to purchase the tickets. 21    Q.  Did there come a time after you get the passports back with 22    the visas that the defendant comes to collect them? 23    A.  Yes, ma'am. 24    Q.  Approximately when was that in relation to when you got 25    them back?  A.  Right after we got them back, maybe a day after or so,  2    could be two.  3    Q.  Describe what happened.  4    A.  He came down St. Jago high school with a couple of guys on  5    motorbikes.  6    Q.  So the record is clear, who is he?  7    A.  Duddus.  8    Q.  When he arrived at the school what happened?  9    A.  I got the visas and gave them to him. 10    Q.  Were the visas inside the passports? 11    A.  Yes, ma'am. 12    Q.  What did he do, what did the defendant do when you gave 13    them to him? 14    A.  He smiled and said good work, coach. 15    Q.  Did he pay you anything at that point? 16    A.  Yes, ma'am. 17    Q.  How much money did he give you? 18    A.  2,000 U.S. dollars. 19    Q.  In total? 20    A.  Yes, ma'am. 21    Q.  How many visas had you gotten for him? 22    A.  Six visas. 23    Q.  What if anything did the defendant say about paying you the 24    rest of the money he owed you for the visas? 25    A.  He said he take care of me at a later time.  They left.  3    Q.  What track meet were these visas supposedly for?  4    A.  Miami Classic.  5    Q.  Did you travel to that meet with the team?  6    A.  No, ma'am.  7    Q.  Does there come a second time that you obtained visas for  8    the defendant?  9    A.  Yes, ma'am. 10    Q.  Approximately what year was that? 11    A.  '99. 12    Q.  This time how were you contacted? 13    A.  I was in National Stadium and a couple of gays came to me, 14    told me Duddus wanted to speak to me. 15    Q.  Did you recognize any of those people? 16    A.  Yes, ma'am. 17    Q.  When they said that Duddus wanted to speak to you, what did 18    you do? 19    A.  I went outside with them. 20    Q.  What happened when you went outside? 21    A.  They dial a number on the phone and gave it to me to speak. 22    Q.  Who was on the phone? 23    A.  Duddus was on the phone. 24    Q.  How did you know that? 25    A.  They said it was him and it sound like him.                      SOUTHERN DISTRICT REPORTERS, P.C.    
                            (212) 805-0300

Q. What did he say to you on the phone? 2 A. He told me that he wanted more visas. 3 Q. Did he say how many? 4 A. No, he didn’t say at the time. 5 Q. What did you tell him? 6 A. I told him, yes, we can arrange. 7 Q. What if anything did he say to you about the payment on 8 that call? 9 A. He just said he will take care of me. 10 Q. A few days later what happened? 11 A. The guys then brought the passports to me down St. Jago 12 high school. 13 Q. Approximately how many, when you say guys, you mean people 14 you understood were Duddus’ guys? 15 A. Yes, ma’am. 16 Q. What did they bring with them? 17 A. They brought passports with them. 18 Q. Approximately home passports did they have? 19 A. It could be six maybe, around six, right. 20 Q. When they brought you the passports what did you tell them? 21 A. I told them about the first arrangement, like, what we will 22 do, get the people to me and then we will, I will prepare them 23 for interview. 24 Q. After you received the passports what did you do with the 25 passports?

A. Gave them to the girls head coach. 2 Q. So he could make the appointments as he had before? 3 A. Yes, ma’am. 4 Q. Did there come a time that the applicants come to you to be 5 prepared? 6 A. Yes, ma’am. 7 Q. Approximately how many people came? 8 A. Around six people. 9 Q. What do you remember about these people? 10 A. Actually, I told them that one of the passports had, what’s 11 called, inside one of the passports occupation was domestic 12 helper. 13 Q. Was that a problem? 14 A. Yes, ma’am. 15 Q. Why was that a problem? 16 A. Because this trip wasn’t for domestic helpers. 17 Q. With respect to that person, what did you tell Duddus’ 18 people? 19 A. That this person was not going to work. 20 Q. What else do you remember about this group of applicants? 21 A. There was a man that was very old, couldn’t remember 22 anything, and he couldn’t pass for an athlete. 23

A. Yes, ma’am. 3 Q. Who else do you remember from this group of applicants? 4 A. There was a young lady there that was very — was asking a 5 lot of questions. 6 Q. When you say young, approximately what age did you 7 understand her to be? 8 A. Maybe 18, 19. 9 Q. Why did you think she was that age other than her 10 appearance? 11 A. Because she was going to be a class one applicant. 12 Q. Class one refers to what? 13 A. Age group. 14 Q. What age group is associated with a class one applicant? 15 A. From 17 to 19. 16 Q. What kinds of questions was she asking? 17 A. She was asking – 18 MR. DODDATO: Objection, Judge. 19 THE COURT: There is no foundation but I’ll allow the 20 question. 21 Q. What kinds of questions was she asking? 22 A. She was asking a lot of questions about if anybody ever got 23 caught and how everything went — if everything there go smooth 24 and all of that. 25 Q. And what did you say?

A. Yeah, I told her that yes everything will be fine. 2 Q. And when she’s asking you has anybody ever gotten caught 3 what did you understand her to mean? 4 A. If anybody ever got caught on this program, got caught 5 carrying up any drugs or anything like that. 6 Q. And after you met with these people did you — did they 7 subsequently go to the embassy for interviews? 8 A. Yes, ma’am. 9 Q. And that was only the set of people who were appropriate 10 applicants? 11 A. Correct. 12 Q. And did the process of the interview and obtaining the 13 passports with the visas in them proceed the same way it did 14 the first time around? 15 A. Yes, ma’am. 16 Q. And does there come a time that you get the passports back 17 with the visas in there? 18 A. Yes, ma’am. 19 Q. What happens then? 20 A. The guys came down St. Jago High School and collect them. 21 Q. When you say the guys you’re referring to the defendant’s 22 people? 23 A. Yes, ma’am. 24 Q. Did you see or speak to the defendant in connection with 25 that second group of passports?

C5n9cok4 Brown – direct 1 A. No, ma’am. 2 Q. How much money did you receive from the defendant from that 3 second group of passports? 4 A. I never received any money. 5 Q. In light of the sharing arrangement that you had with the 6 other coaches how did you deal with the fact that people were 7 getting — you were getting passports for people but not 8 getting paid? 9 A. Well were — I was putting on multiple people and both the 10 Penn Relay team too and so I will give them a cut of my share. 11 Q. So is it fair to say that you gave your fellow coaches a 12 higher cut from the people who were paying you to make up for 13 this group of passports and visas for which you didn’t get 14 paid? 15 A. Right, ma’am. 16 Q. Now was there another time that Duddus, the defendant, 17 asked you to get visas for him? 18 A. Yes, ma’am. 19 Q. When was that? 20 A. The year 2000. 21 Q. And how did he get in contact with you at that point? 22 A. Same place. At the National Stadium. 23 Q. And what happened at the National Stadium? 24 A. They came to me and said Presi wanted to see you outside. 25 Q. Where did you go after they said that?

A. Outside the National Stadium. 2 Q. What did you see when you went outside? 3 A. Duddus was outside. 4 Q. And approximately how many people were with him? 5 A. Maybe the same amount person that was always with him. 6 Q. What did he say to you? 7 A. He was smiling and said what’s up coach? And I said 8 nothing much. And he — he was telling me that he wanted some 9 more visas. 10 Q. What did you say in response? 11 A. Well I told him about the same arrangement. How we would 12 go about it and all of that. 13 Q. Was there something different this time around in how the 14 process of obtaining visas worked? 15 A. Yes, ma’am. 16 Q. What was the difference? 17 A. I told him that this year there wasn’t going to be any 18 interviews. 19 Q. And what did that mean? 20 A. That all we had to do was just — the school will just – 21 somebody from the school will have to just bring the passports 22 to the embassy and with the applications and we will get the 23 visas. 24 Q. How many passports with visas — so let me withdraw that, 25 state it in a better way.

How many visas did the defendant want this time 2 around? 3 A. Around eight. 4 Q. And did you agree to do that? 5 A. Yes, ma’am. 6 Q. And did you ask him anything about payment for these visas 7 or the last round of visas that you had just obtained? 8 A. No, ma’am. He just told me that he will take care of me. 9 Q. Now, did there come a time that you received the passports 10 from the defendant for which you were supposed to seek the 11 visas? 12 A. Yes, ma’am. 13 Q. And how did you get those? 14 A. This guys took them to me down the school, St. Jago High 15 School. 16 Q. And about how many came over? 17 A. Around eight. 18 Q. By which how many passports not people? 19 A. Around eight. 20 Q. What did you do with those passports? 21 A. I took them and give them to the same person that I 22 normally gave them to. 23 Q. And does there come a time thereafter that you get the 24 passports back from that person? 25 A. Yes, ma’am

Q. And when you get the passports back what are you told? 2 A. There were no – 3 Q. What do you notice — what did you notice about the 4 passports when you got them back? 5 A. There were no visas in the passports. 6 Q. And what were you told about why that was? 7 A. He was just giving a lot of excuse but I know the reason 8 why there was no visas in those passports. 9 Q. What did you think the reason was? 10 A. Because that year – 11 MR. DODDATO: Objection, Judge. 12 MS. STRAUBER: Basis. 13 MR. DODDATO: Conjecture. 14 MS. STRAUBER: I can lay a foundation. 15 THE COURT: I’ll allow the question. 16 Q. What was your understanding of why you hadn’t gotten all of 17 the — why you hadn’t gotten any visas this time around? 18 A. Because that year was a very easy year, no interviews, so 19 everybody was trying to make a killing and make as much money 20 as they could. 21 Q. And is it accurate to state that for the applicants that 22 come to you first and that you submit yourself you get a higher 23 cut than when you put in somebody else’s people? 24 A. Yes, ma’am. 25 Q. Now after you got these passports back with no visas in

them, what did you do? 2 A. Well I took them and threw them away. 3 Q. After you threw away the passports what did you do next? 4 A. I came to America for the Penn Relay team. 5 Q. Did you call the defendant and tell him that you were sorry 6 but you couldn’t get him any visas this time around? 7 MR. DODDATO: Objection. 8 THE COURT: Objection sustained to the form of the 9 question. 10 There is no foundation. 11 Q. What efforts, if any, did you make to notify the defendant 12 that you were unable to get the visas that he had requested? 13 A. I didn’t make any effort to get in touch with him. 14 Q. Why not? 15 A. Because I never had a visa so I know that I am in big 16 trouble. 17 Q. After you went to the Penn Relay trip did you stay in the 18 United States or travel back to Jamaica with the team? 19 A. I stayed in the United States. 20 Q. Why did you stay in the United States? 21 A. Because I was fearful for my life to go back to Jamaica. 22 Q. Why was it that you were afraid for your life? 23 A. Because while I was there to, you know, like call him back 24 and so I was told that — you know. 25 MR. DODDATO: Objection as to what he was told, Judge.

MS. STRAUBER: Your Honor it’s hearsay as to what he 2 was told but first it goes to his state of mind. 3 THE COURT: I’m going to allow it as to his state of 4 mind. 5 THE WITNESS: I was told that people was looking for 6 me, came down St. Jago’s High School looking for me. And they 7 got aggressive with one of the assistant coaches. 8 Q. When you say they got aggressive, what was it that you were 9 told happened with one of the other coaches? 10 MR. DODDATO: Objection, Judge. Now we’re far afield. 11 MS. STRAUBER: We are not far afield. It goes to his 12 state of mind. Hearsay is admissible in this proceeding. 13 Whether or not the defense wants to argue it’s unreliable is 14 another matter. But I think we’re entitled to elicit this from 15 this witness. 16 MR. DODDATO: Obviously the response is going to be 17 that he heard something from someone else. 18 MS. STRAUBER: That’s correct. That’s hearsay. 19 MR. DODDATO: And that’s why it’s objectionable. 20 THE COURT: I’m just allowing this testimony for his 21 state of mind. 22 MR. DODDATO: Okay, Judge. 23 THE WITNESS: Yes. I was told that they got 24 aggressive. They slapped him around because they was asking 25 him for me and he said he didn’t know where I was and you know

I guess that answer wasn’t sufficient for them. 2 Q. Approximately how long did you remain in the United States? 3 A. Maybe a month. 4 Q. Does there come a time that you go back to Jamaica? 5 A. Yes, I did. 6 Q. Why did you go back? 7 A. I went back to make arrangements to take out my two 8 daughters to the United States with me. 9 Q. And how long did you stay in Jamaica? 10 A. Maybe a couple of weeks. 11 Q. When did you — for what purpose — withdrawn. 12 Does there come a time that you go back to the United 13 States? 14 A. Yes, ma’am. 15 Q. And was that in connection with any track and field event? 16 A. Yes, ma’am. 17 Q. Which one? 18 A. The Miami Classic. 19 Q. Were you able to bring your children to the United States 20 with you at that point? 21 A. No, ma’am. 22 Q. Okay. And why not? 23 A. Because I never have had enough money that they were asking 24 for to bring them over. 25 Q. And how — what was the mechanism you were trying to use at

that point to bring your children to the United States? 2 A. I was trying to use U.S. birth certificates bring them to 3 the United States. 4 Q. And were your children actually born in the United States? 5 A. No, ma’am. 6 Q. So when you say birth certificates, do you mean you were 7 trying to get real birth certificates that were not actually 8 your children’s so you could use those to bring them to the 9 U.S. illegally? 10 A. Correct. 11 Q. What arrangements did you make for your children in Jamaica 12 when you left to come back to the United States? 13 A. Told their mom to just lay low with them and I will send 14 for them as soon as I can. 15 Q. Do you remember approximately what month it was in 2000 16 that you left Jamaica the second time? 17 A. In June, late June. 18 Q. And can you describe what happened on the day that you flew 19 from Jamaica to the United States? 20 A. That morning I went to the airport very early in the 21 morning. I didn’t leave with the track and field team. I left 22 very, very early in the morning. 23 Q. And why did you go to the airport so early? 24 A. Because I was afraid for my life and I know that is a 25 possibility that they would be looking for me.

Q. And does there come a time during the day that members of 2 the track team arrive at the airport? 3 A. Yes, ma’am. 4 Q. What do those people tell you? 5 A. They told me that – 6 MR. DODDATO: Objection, Judge, as to what the track 7 team told him. 8 THE COURT: Did they get — I’m sorry. You left 9 early, right, to the United States? 10 THE WITNESS: Yes, your Honor. 11 THE COURT: You flew to Miami? 12 THE WITNESS: No. I was still in Jamaica. 13 THE COURT: You were still in Jamaica? 14 THE WITNESS: Right. Waiting on the team. 15 MS. STRAUBER: So the question was when – 16 THE COURT: You were out at the airport? 17 THE WITNESS: Yes, sir. 18 THE COURT: These people came — the rest of the team 19 came to the airport after you? 20 THE WITNESS: Yes, your Honor. 21 MS. STRAUBER: And the question was: When you saw 22 those members of the team, what did they tell you? 23 THE WITNESS: They said – 24 MR. DODDATO: That was my objection, Judge. 25 THE COURT: I’m allowing this for state of mind.

THE WITNESS: A couple of athletes told me that: 2 Coach, a lot of men outside looking for you. 3 Q. And who did you understand those men to be that they were 4 referring to? 5 MR. DODDATO: Objection. 6 THE COURT: I’ll allow the question. 7 THE WITNESS: Duddus’ men. 8 Q. Did you, in fact, travel to the United States that day? 9 A. Yes, I did. 10 Q. And have you ever gone back to Jamaica since then? 11 A. No, ma’am. 12 Q. Were you ultimately able to bring your children to the 13 United States? 14 A. Yes, I did. 15 Q. How did you do that? 16 A. I arranged for them to come through Canada and come into 17 the United States. 18 Q. Was that an illegal arrangement that you made for them to 19 do that? 20 A. Yes, ma’am. 21 Q. How much did you have to pay for that? 22 A. Seven thousand U.S. dollars. 23 Q. Now, since the time that you’ve been in the United States 24 have you committed a number of crimes? 25 A. Yes, ma’am.

COW BOY TALKS ABOUT HIS OWN CRIMES

about initially with those two friends from high school? 2 A. Yes, I did. 3 Q. What involvement in the operation did you have after you 4 came to the United States? 5 A. I would receive a large sum amount of money and I would 6 hold on to it until one of them come and collect it. 7 Q. And what was your understanding of the source of that large 8 sum of money? 9 A. The money was coming from drugs. 10 Q. Now, did there come a time that the same individual for 11 whom you were collecting the money contacted you about killing 12 another individual? 13 A. Yes. Yes, ma’am. 14 Q. Approximately when was this? 15 A. Could be 2002. 16 Q. Why did they want that person killed? 17 A. Because that person was making deliveries for them and 18 somehow he got some drugs and he didn’t deliver it. He kept it 19 for himself. 20 Q. What were you asked to do? 21 A. I was asked to contact somebody that we all knew very well 22 to go and take him out. 23 Q. And that person you knew well, were you also involved in 24 distributing marijuana for that person? 25 A. Yes, ma’am.

Q. I’ll come back to that in a minute. 2 Did you do as you were asked and make contact with 3 that person about carrying out this hit? 4 A. No, I did not. 5 Q. What did you do instead? 6 A. I went and try warn the individual that he must give back 7 the drugs that he took. 8 Q. And ultimately what happened to that person? 9 A. He end up getting killed. 10 Q. And did you learn who did that? 11 A. Yes. 12 MR. DODDATO: Objection, Judge. 13 THE COURT: I’m sorry. Let me see the question. 14 THE WITNESS: Yes. Yes, I did. 15 THE COURT: Hold on. I have to allow it subject to 16 connection. It seems it may be irrelevant. 17 MS. STRAUBER: I’m eliciting it – 18 MR. ROSEN: We asked for a sidebar. 19 MS. STRAUBER: We can have a sidebar. 20 THE COURT: Do you want a sidebar? 21

BY MS. STRAUBER: 3 Q. Before the sidebar I had asked you whether you learned who, 4 in fact, had conducted this hit that you had been asked to 5 arrange. 6 A. Yes, your Honor. 7 Q. And – 8 A. Yes, ma’am. 9 THE COURT: I’m sorry. Could I hear the question 10 again. 11 Q. Did there come a time that you learned who had actually 12 conducted this hit that you had been requested to arrange? 13 A. Yes, ma’am. 14 Q. And how did you learn that? 15 A. It was bragged to me that he did the hit. 16 Q. And he’s the person who had asked you to find someone to do 17 the hit? 18 A. Yes, ma’am. 19 Q. And did you cease to deal with this individual, the one who 20 had asked you to conduct the hit after that point? 21 A. No, ma’am. 22 Q. Okay. You continued to deal with him? 23 A. No. No, ma’am. I stopped dealing with him. 24 Q. Now, you mentioned that you had previously distributed 25 marijuana for the person you were asked to contact in connection with the hit. 2 Do you remember that? 3 A. Yes. 4 Q. Approximately how much marijuana did you distribute for 5 this person? 6 A. Maybe 20 pounds. 7 Q. And did you do that all at once or on multiple occasions? 8 A. Multiple occasions. 9 Q. And have you sold marijuana before? 10 A. No. I just started selling marijuana at that time. 11 Q. How did you sell this marijuana? 12 A. Well I would get the marijuana and sell it. Sometimes I 13 would sell some of it and I will have somebody else sell some 14 of it and take a cut of each pound. 15 Q. Now did there come a time when you were arrested for 16 marijuana trafficking? 17 A. Yes, ma’am. 18 Q. Was that a local arrest in the state? 19 A. Yes, ma’am. 20 THE COURT: What state? In what jurisdiction were you 21 arrested? 22 THE WITNESS: In Brooklyn. 23 Q. What were you doing immediately before your arrest? 24 A. Actually I went to see somebody to get some money from 25 them. Q. And why were you getting money from that person? 2 A. We were in a susu. 3 Q. What’s a susu? 4 A. A susu is a sort of savings that we as West Indies we do. 5 Instead of going to the bank we will like put up some money 6 like every week. And then after the money reaches a certain 7 amount we will get a draw. 8 Q. And did the pooling of that money and the money that you 9 picked up that day have anything to do with narcotics 10 trafficking? 11 A. No, ma’am. 12 Q. And shortly after picking up that money were you arrested? 13 A. Yes, ma’am. 14 Q. And was the person that you had picked up the money from, 15 was that person also arrested? 16 A. Yes, ma’am. 17 Q. And did those arrests occur separately but — your arrest 18 and her arrest occur separately but on the same day? 19 A. The same day. 20 Q. What was she arrested for? 21 A. I think she was arrested for maybe three or four pounds, I 22 can’t remember, of marijuana. 23 Q. Did you ever distribute marijuana to her? 24 A. No. 25 Q. What happened — and you were charged with what exactly?

A. I don’t remember what I was charged with but I was charged 2 with marijuana — they tried to charge me with marijuana. 3 Q. And what did you do in connection with those charges? 4 A. I went to the grand jury. 5 Q. And did you testify in the grand jury? 6 A. Yes, ma’am. 7 Q. What did you say briefly? 8 A. I just told them that I wasn’t involved in marijuana with 9 this person. 10 Q. With that other woman who had gotten arrested? 11 A. Correct. 12 Q. And was that true? 13 A. Yes, ma’am. 14 Q. And what was the outcome of that grand jury proceeding? 15 A. They throwed out that case. 16 Q. And did you ever tell the agents when you were being 17 debriefed here, after your arrest in this case, that you had 18 lied in the grand jury? 19 A. No, ma’am. 20 Q. Now, directing your attention to October of 2003 in 21 Westchester County, were you arrested again? 22 A. Yes, ma’am. 23 Q. What were the charges you were arrested on then? 24 A. It was credit card fraud. 25 Q. And what did you do that resulted in being arrested on

A. I got cards from a friend and — credit cards from a friend 3 and we purchased stuff. And after finishing purchase I would 4 give him a third of what I spent. 5 Q. And approximately how many times did you do that? 6 A. Maybe two times. 7 Q. And about how much money did you spend? 8 A. Spend? Pardon me? 9 Q. About how much money did you spend using those credit 10 cards? 11 A. Around $500. 12 Q. And what was your understanding of what the friend who gave 13 you these credit cards was doing at the time? 14 A. They was running an illegal scheme with the credit cards. 15 Q. Did you understand exactly how the scheme worked? 16 A. Not at that time. 17 Q. How did you resolve that? 18 THE COURT: What year was this? 19 MS. STRAUBER: The arrest your Honor the witness has 20 testified was in October of 2003. 21 Q. How did you resolve that case? 22 A. I pled guilty. 23 Q. Do you remember what you pled guilty to? 24 A. A misdemeanor. 25 Q. How many stolen or fraudulent credit cards were you actually involved in using in connection with this incident? 2 A. Maybe four, maybe five. 3 Q. In connection with resolving the case, did you say you were 4 involved in using a larger number of cards? 5 A. Yes. 6 Q. Why did you do that? 7 A. Because the person that was involved in the arrest with me, 8 she was a friend of mine and she had a business. And if she 9 had a record she would lose that business license. 10 Q. And was it your intention to protect her from more serious 11 charges by acknowledging additional conduct that you hadn’t 12 actually been involved in? 13 A. Yes, ma’am. 14 Q. Do you remember whether those statements about your conduct 15 that exaggerated what you had done were made in court or in 16 some other context? 17 A. I can’t remember. 18 Q. What sentence did you receive? 19 A. I think it was a year probation. 20 Q. Now, in 2004 or 2005 were you involved in a money 21 transaction relating to a marijuana deal? 22 A. Yes, ma’am. 23 Q. What did you do? 24 A. I took $18,000 to California to purchase marijuana for a 25 friend. A. Cocaine. 2 Q. And thereafter what was your involvement in the transaction 3 that resulted in you getting arrested? 4 A. I was supposed to meet a friend of mine girlfriend that 5 went to pick up the pills and who was supposed to do the 6 transaction. I was supposed to meet his girlfriend for the 7 cocaine and then give it to somebody else. 8 Q. And was it when you went to make that pick-up of cocaine 9 that you were arrested in this case? 10 A. Yes. 11 Q. Now, does there come a time after your arrest that you 12 decided to cooperate with the government? 13 A. Yes, I did. 14 Q. How long approximately after your arrest was that? 15 A. Right after I got arrested. 16 Q. And did you do certain things at the agent’s request right 17 after your arrest, such as making recorded phonecalls to other 18 targets of investigations? 19 A. Yes, I did. 20 Q. Did there come a time that you pled guilty pursuant to a 21 cooperation agreement? 22 A. Yes. 23 Q. Do you remember approximately when it was that you pled 24 guilty? 25 A. I don’t remember. supposed to tell all the bad stuff, every single thing and tell 2 the truth at all times. 3 Q. And if you’re asked to testify what’s your obligation under 4 the agreement? 5 A. I will have to come and testify. 6 Q. And under the agreement are you agreeing not to commit any 7 other crimes? 8 A. Exactly. 9 Q. And if you don’t tell the truth when you’re testifying or 10 at any other time what happens to your agreement? 11 A. My agreement will be torn up. 12 Q. And would you then face the mandatory minimum sentence and 13 the maximum sentence that you previously testified about? 14 A. Yes. 15 Q. If the agreement’s torn up what’s your understanding of 16 whether or not you get your guilty plea back? 17 A. No. I can’t get my guilty plea back. 18 Q. Now, if you do what the agreement requires of you what’s 19 your understanding of what the government is going to do for 20 you? 21 A. I will probably get sentenced under my minimum. 22 Q. Who does — who conducts and decides your sentence? 23 A. The judge. 24 Q. And what is it that the government agrees to do if you 25 comply with your obligations under the agreement? What does

CROSS EXAMINATION BY COKE’S LAWYER

THE COURT: Please be seated. 4 Cross-examination. 5 CROSS-EXAMINATION 6 BY MR. DODDATO: 7 Q. Mr. Brown, good afternoon. 8 A. Good afternoon. 9 Q. Mr. Brown, my name is Frank Doddato and I along with 10 Mr. Rosen represent Mr. Coke. 11 A. Okay. 12 Q. Okay. Now, you say you know Mr. Coke. Am I right? 13 A. Sure. 14 Q. Okay. Now, you said you met on several times in Jamaica 15 and he asked you both personally and through the guys that you 16 say were with him at the time to get visas for his people so 17 his people could come to the United States. Am I right? 18 A. Correct. 19 Q. Okay. And that’s the only thing that you did with Mr. Coke 20 in terms of criminality. Am I right? 21 A. Correct. 22 Q. All those other things you told us about you did on your 23 own? 24 A. Correct. 25 Q. And with your friends? A. Correct. 2 Q. Including that plot to murder somebody else, right? 3 A. I didn’t plot to murder anybody. 4 MS. STRAUBER: Objection. 5 Q. Well they asked you to find somebody to kill somebody, 6 didn’t they? 7 A. Yes. 8 Q. And that person got killed? 9 A. (No response). 10 Q. Yes? 11 A. I had nothing to do with that. 12 Q. Please. You were asked by one of your friends in this 13 cocaine dealing to murder — to get someone to murder somebody 14 else, right? 15 A. Sure. 16 Q. And that person happened to be murdered a week or two 17 later? 18 A. Correct. 19 Q. And now you’re telling us you had nothing to do with that, 20 right? 21 MS. STRAUBER: Objection. 22 THE COURT: Objection overruled. 23 THE WITNESS: I had nothing to do with that. 24 MR. DODDATO: Okay. 25 Q. And you told us about how you hooked some people up to buy firearms? 2 A. Sure. 3 Q. And that’s not something you mentioned to the government 4 when you first started cooperating, was it? 5 A. No. 6 Q. And you also told us about a credit card scheme you had, 7 right? 8 A. Sure. 9 Q. And that’s again something that had nothing to do with 10 Mr. Coke, right? 11 A. Sure. 12 Q. And there was some other cocaine trafficking that you were 13 involved in early on when you were at the high school. 14 Do you remember that? 15 MS. STRAUBER: Objection. Vague. When. 16 Q. Early on in your career at the high school. 17 Do you remember that? 18 MS. STRAUBER: Career as a coach? 19 MR. DODDATO: Career as a coach. 20 THE WITNESS: Repeat. 21 MR. DODDATO: Sure. 22 Q. You told us that there was episodes of your being involved 23 in cocaine trafficking at the high school when you were a 24 coach, right? 25 A. Correct. Q. And you mentioned how the coke was transported to the 2 United States, I assume? 3 A. Correct. 4 Q. In sneakers? 5 A. Correct. 6 Q. Shoes? 7 A. Correct. 8 Q. And containers? 9 A. Correct. 10 Q. Mr. Coke had nothing to do with that? 11 A. Correct. 12 Q. And then you came up with this story that you told us about 13 Mr. Coke asking you for visas so that he could put — these are 14 my words — his people on the team so they could come to the 15 United States. Am I right? 16 A. Correct. 17 Q. And you presume from that that these people that he gave 18 you were going to transport cocaine to the United States. Am I 19 correct? 20 A. Not correct. 21 MS. STRAUBER: Objection. 22 Q. Not correct? 23 A. Not correct. 24 Q. Okay. 25 Well let me ask you something. On the occasions when Mr. Coke came to you and asked for the passports and you got 2 the visas and in one case when you didn’t get the visas did you 3 actually ever see cocaine on their persons? 4 A. No. 5 Q. Never did, right? 6 A. No. 7 Q. Not on one occasion? 8 A. No. 9 Q. Now, you mentioned something about this young girl that was 10 crying over the fact that she was being coerced into 11 transporting what you thought was cocaine to the United States. 12 Am I right? 13 A. Correct. 14 Q. Okay. 15 Do you remember when that was? 16 A. Yes. 17 Q. Would you please tell me. 18 A. It was in the year of ’98. 19 Q. When in the year of ’98? 20 A. Summertime. Summertime. 21 Q. That’s the best you can do on that? 22 A. Right. 23 Q. Okay. 24 And what was the event that you were going to in the 25 summer of ’98 that was going to be the ruse under which this girl was going to go with your track team to the U.S.? 2 A. Pardon me? 3 Q. What was the event in the U.S. that the track team was 4 supposed to attend that was going to be the ruse for this girl 5 going to the United States? 6 A. There was going to come on the track team to the United 7 States. 8 Q. For what? 9 A. The Miami Classic. 10 Q. Okay. Did you go with the team at that time? 11 A. No. 12 Q. You didn’t go? 13 A. No, I didn’t. 14 Q. So do you know whether or not the girl actually got on the 15 plane to go to Miami? 16 A. Correct. Yes, she did. 17 Q. Did you go to the airport and watch her as she boarded the 18 plan? 19 A. I didn’t watch her as she boarded the plane but I was the 20 one that was there that put them on, with the rest of the team, 21 to go inside the airport. 22 Q. So, are you saying to me you drove them to the airport? 23 A. I did not. I meet them at the airport. 24 Q. You met them at the airport? So you saw them all at the airport. Am I right? 2 A. Correct. 3 Q. By the way, do you remember the name of this young girl? 4 A. I don’t remember the name of any one of them. 5 Q. Not one? 6 A. Not one. 7 Q. Would you agree with me that this sounds like an important 8 event in the context of what we’re talking about here today? 9 MS. STRAUBER: Objection. Vague. 10 THE COURT: Objection sustained. 11 Q. Mr. Brown, you understand that you’re here today to earn 12 yourself some credit with these people by testifying against 13 that man. Am I correct? 14 A. But I’m still telling the truth. 15 Q. Mr. Brown, please answer my questions. 16 A. I’m still telling the truth. 17 Q. You understand that’s your purpose here? 18 A. Correct. 19 Q. Now isn’t it important for you to do that, to say something 20 that would link him up to that event? 21 MS. STRAUBER: Objection. Vague. 22 THE COURT: I’ll allow the question. 23 THE WITNESS: Repeat. 24 MR. DODDATO: Sure. 25 Q. Isn’t it important for you, in order to do that, to say something that links him with a criminal event? 2 A. It’s important to tell the truth and that’s what I’m doing 3 today. 4 Q. That’s not my question though, Mr. Brown. 5 Isn’t it important for you, to get some credit, to say 6 something that’s going to hurt Mr. Coke? 7 MS. STRAUBER: Objection. 8 THE COURT: Objection overruled. 9 Q. Yes or no sir? 10 A. Yes. 11 Q. Okay. So when you were thinking about testifying here 12 today I’m sure you went over with the prosecutors the questions 13 that were going to be asked by them on direct examination. Am 14 I right? 15 A. Correct. 16 Q. Did someone playact what would happen on cross-examination? 17 A. Repeat yourself. 18 Q. Sure. Did someone playact what was going to happen on 19 cross-examination either by myself or Mr. Rosen? 20 A. Playact? 21 Q. Playact? 22 A. I don’t understand. 23 Q. Make believe defense attorney? 24 THE COURT: He says I don’t understand. 25 MR. DODDATO: I’m trying to explain it to him, Judge. Are you sneering at me? 2 A. Pardon me? 3 Q. Are you sneering at me? 4 A. I’m listening to you. 5 Q. Okay. 6 When you were being prepared for direct examination 7 today, no one on the prosecution team asked you the name of 8 this young girl. Am I correct? 9 A. You’re correct. Q. You never volunteered it because you didn’t know it? 3 A. I didn’t remember any of the names. 4 Q. Do you remember anything about her other than she was a 5 young girl? 6 A. Yes. 7 Q. Tell me what you remember about her? 8 A. Well, every 11-year-old’s dream from the ghetto is to come 9 to America. Are you serious; a 15, an 11-year-old is crying 10 not to come to the United States of America. 11 Q. That wasn’t my question. Tell me what you remember about 12 this young girl. I understand about the dreams of young 13 Jamaican girls wanting to come to the U.S. I am asking about 14 this young girl. What’s significant about her in your memory 15 right now as you sit there? 16 A. Dark, slim, not well-groomed, very terrified little kid. 17 Q. I am asking about a description; is that the best you can 18 do with a description? 19 MS. STRAUBER: Objection, your Honor. 20 THE COURT: Objection sustained. 21 Q. Mr. Brown, would you agree the description you just gave me 22 would probably cover thousands of little kids in Jamaica at 23 that time? 24 A. Not at that time. 25 Q. They were different, 11-year-olds were different at that Q. You have no idea of who was asked if anybody by Mr. Coke to 5 go to America, do you, none whatsoever; you are making this up. 6 MS. STRAUBER: Objection. 7 THE COURT: That’s more than one question; let’s ask a 8 single question. 9 Q. Are you making this story up but this young girl? 10 A. No. 11 Q. You are not? 12 A. No. 13 Q. You are not doing that to curry favor with the government? 14 A. No. 15 Q. Let’s talk about these people who you say were given to you 16 so to speak by Mr. Coke in order for you to get them into the 17 the United States. 18 A. OK. 19 Q. Did you ever see a one of them with cocaine on their 20 person? 21 A. No, I didn’t. 22 MS. STRAUBER: I believe that’s been asked and 23 answered.