Case 1:07-cr-00543-DLI Document 112-2 Filed 06/02/09 Page 2 of 4 PageID #: 529

548

1/7/07

Russell Defreitas

754

1/13/07

Russell Defreitas

1797

3/27/07

Russell Defreitas

1802

3/27/07

Russell Defreitas

2565

5/30/07

Russell Defreitas

2601

5/31/07

Russell Defreitas

ID 29 S5

1/3/07

Russell Defreitas

ID 30 S5

1/3/07

Russell Defreitas

ID 39 S4

1/9/07

Russell Defreitas

ID 40 S2

1/8/07

Russell Defreitas

ID 40 S5

1/9/07

Russell Defreitas

ID 77 S5

5/6/07

Russell Defreitas

Those conversations have been redacted to minimize

portions of the recordings that were obtained erroneously.1 The
government arranged for a team, including a prosecutor and agents
not working on the case (the review team), to review the
complete recordings for discoverable material. According to the
review team, defendants Ibrahim, Kadir and Nur were not recorded
on the redacted portions of the recordings. According to the
review team, defendant Defreitas was recorded on the redacted
portions; as a result, the government is providing Defreitas with
the original recordings of the above-identified conversations.
In addition, in approximately five instances, other individuals
who are not involved in this case were recorded erroneously.
According to the review team, those recordings did not include
1

The recordings that were obtained erroneously can be

separated into three categories. First, recording equipment
placed in the automobile of the Source made four video and audio
recordings when the Source was not present, but other individuals
were. Second, consensual electronic surveillance of the Sources
cellular telephone recorded approximately eight conversations in
which the Source provided the telephone to another individual and
did not remain a party to the conversation. Finally, consensual
electronic surveillance of the Sources cellular telephone
recorded eight conversations during which individuals placing
calls to the Sources telephone were recorded before the Source
(or the Sources voice mail) answered the telephone.
2

Case 1:07-cr-00543-DLI Document 112-2 Filed 06/02/09 Page 3 of 4 PageID #: 530

material pertinent to this case, and, as a result, those

recordings have not been provided in discovery.
2.

Transcripts

Enclosed please find draft transcripts of the following

consensually-recorded conversations:
DATE

SESSION #

11/17/2006

11/20/2006

1/3/2007

1/3/2007

1/4/2007

1/4/2007

1/4/2007

1/11/2007

1/11/2007

1/11/2007

4/11/2007

These transcripts are provided pursuant to the terms of

the transcript stipulation that was signed by all counsel in this
case, as well as the provisions set forth in the discovery
stipulation and order signed by the parties and ordered by the
Court. Under the discovery stipulation and order, the
transcripts may not be disclosed to anyone, other than members of
the legal staff of defense counsel who has signed this
Stipulation and Order, without permission of the Court. We will
provide additional transcripts as they become available.
3.

Reciprocal Discovery

In addition, pursuant to Rule 16(b), the government

hereby reiterates its request for reciprocal discovery, as set
forth in full in the governments initial discovery letters to
each defendant.

Case 1:07-cr-00543-DLI Document 112-2 Filed 06/02/09 Page 4 of 4 PageID #: 531

If you have any questions, please do not hesitate to

contact us.
Very truly yours,
BENTON J. CAMPBELL
UNITED STATES ATTORNEY
By:

/s/
Marshall L. Miller
Jeffrey H. Knox
Berit W. Berger
Assistant U.S. Attorneys
(718) 254-6421/7581/6134

Enclosures
cc:

Clerk of the Court (DLI) (w/o enclosure) (via ECF)