1.Brian Booth — Direct (Recall, Part 2)
205 lines(In open court - jury not present.)
(Judge NICHOLAS G. GARAUFIS entered the courtroom.)
(Defendant entered the courtroom.)
THE COURT: Appearances, please.
MS. PENZA: Moira Penza, Tanya Hajjar, Mark Lesko for the United States. Good morning, Your Honor.
THE COURT: Good morning.
MS. PENZA: Also at counsel table is Special Agent Michael Lever and Paralegal Specialist Teri Carby.
THE COURT: All right, good morning.
MR. AGNIFILO: Good morning, Your Honor. Marc Agnifilo, Teny Geragos, Paul der Ohannesian, and Danielle Smith for Keith Raniere, who is with us this morning in court.
Good morning.
THE COURT: Good morning, everyone. All right, please be seated.
Okay. You have more for the witness?
MS. HAJJAR: Yes, Your Honor.
THE COURT: All right.
MS. HAJJAR: Not too much longer.
(The witness entered the courtroom and resumed the stand.)
(Pause.)
(Jury enters.)
THE COURT: Please be seated.
Good morning, members of the jury.
JURORS: Good morning.
THE COURT: All right, let's continue with the examination of the witness.
MS. HAJJAR: Thank you, Your Honor.
THE COURT: I remind the witness that he is still under oath.
BRIAN BOOTH: Yes, Your Honor.
(Continued on the following page.)
BRIAN BOOTH, previously called as a witness by the Government, having been previously duly sworn/affirmed by the Courtroom Deputy, was examined and testified further under oath as follows:
DIRECT EXAMINATION RESUMED BY MS. HAJJAR:
MS. HAJJAR: Good morning, Examiner Booth.
BRIAN BOOTH: Good morning.
MS. HAJJAR: Examiner Booth, I am going to show you what's in evidence as Government Exhibit 550.
(Exhibit published.)
MS. HAJJAR: And yesterday we were discussing the reports you generated in connection with the folders within the "Studies" folder, is that right?
BRIAN BOOTH: Yes.
MS. HAJJAR: And you testified to a number of images, but one from each of these folders?
BRIAN BOOTH: Yes.
MS. HAJJAR: Now, is there one folder that we didn't review the contents of, Examiner Booth?
BRIAN BOOTH: I think it was the last folder.
MS. HAJJAR: The last folder.
And you testified regarding EXIF data in connection with a single image from each of those folders?
BRIAN BOOTH: Yes, I did.
MS. HAJJAR: With respect to Government's Exhibit 508, which was the first image we looked at, you testified that that was created based on the EXIF data in December of 2005?
BRIAN BOOTH: Yes.
MS. HAJJAR: And with respect to 509, you testified that was with respect to November 2005?
BRIAN BOOTH: Yes.
MS. HAJJAR: And with respect to the images in the remainder of the folders, that's from folder BJ103005 through Msk101905, what was the month and year of the images that we looked at yesterday?
BRIAN BOOTH: That was October of '05.
MS. HAJJAR: Examiner Booth, you testified that you also created a report with respect to the images in this folder, V110205, is that right?
BRIAN BOOTH: That's correct.
MS. HAJJAR: Now, I'd like you to direct your attention to Government Exhibit 518-A through U.
MS. HAJJAR: May I approach the witness, Your Honor?
THE COURT: Yes.
BY MS. HAJJAR:
MS. HAJJAR: Examiner Booth, can you just look at those exhibits?
BRIAN BOOTH: (Witness complies.) I have.
MS. HAJJAR: Are those exhibits images that were also reflected in your report with respect to that folder?
BRIAN BOOTH: Yes, they were.
MS. HAJJAR: Your Honor, the Government offers Government Exhibit 518-A through U.
MR. DEROHANNESIAN: No objection.
THE COURT: All right, Government Exhibit 518-A through U received in evidence.
(Government's Exhibits 518-A through 518-U were received in evidence.)
MS. HAJJAR: Your Honor, can I just retrieve the book?
THE COURT: Yes, you may.
MS. HAJJAR: Your Honor, at this time, I would like to ask that the images be published to the jury alone with Special Agent Rees, if that's all right with Your Honor.
THE COURT: All right.
(Images shown to the jury alone.)
BY MS. HAJJAR:
MS. HAJJAR: Examiner Booth, the images that comprise those exhibits, some of them are located in this folder (indicating), is that right?
BRIAN BOOTH: Correct.
MS. HAJJAR: And what is the name of that folder?
BRIAN BOOTH: It's 2005-11-02-0422-20.
MS. HAJJAR: And the remaining images are located in this folder (indicating)?
BRIAN BOOTH: Yes.
MS. HAJJAR: What's the name of that folder?
BRIAN BOOTH: 2005-11-24-0814-46.
MS. HAJJAR: And the title of the main folder that contains both those folders?
BRIAN BOOTH: That is V110205.
MS. HAJJAR: Now, in connection with the report you created, was there EXIF data for each of these photographs within that folder?
BRIAN BOOTH: Yes, there was.
MS. HAJJAR: I am showing you --
MS. HAJJAR: Can I show something just to the witness, Your Honor?
THE COURT: Go ahead.
(Exhibit published to the witness alone.)
BY MS. HAJJAR:
MS. HAJJAR: I am showing you what's marked for identification as Government Exhibit 504-B.
BRIAN BOOTH: No.
THE COURT: Go ahead.
MS. HAJJAR: Thank you.
MS. HAJJAR: Can you see that, Examiner Booth?
MS. HAJJAR: May I approach the witness with it, Your Honor?
THE COURT: Yes, go ahead.
BY MS. HAJJAR:
MS. HAJJAR: Do you recognize this exhibit?
BRIAN BOOTH: Yes, I do.
MS. HAJJAR: And is this the EXIF data for the images that we just discussed?
BRIAN BOOTH: Yes.
MS. HAJJAR: Your Honor, the Government offers Government Exhibit 504-B into evidence.
MR. DEROHANNESIAN: No objection.
THE COURT: All right, Exhibit 504-B is received in evidence.
(Government's Exhibit 504-B was received in evidence.)
MS. HAJJAR: May I publish it, Your Honor?
THE COURT: Yes, let us see.
(Exhibit published.)
THE COURT: Okay. All right.
MS. HAJJAR: Thank you.
MS. HAJJAR: Examiner Booth, this exhibit is not the entirety of the report you created with respect to that folder, is that right?
BRIAN BOOTH: No, it isn't.
MS. HAJJAR: It's just the EXIF data?
BRIAN BOOTH: Yes.
MS. HAJJAR: Okay. And so for the first page of Government Exhibit 504, that's the first image we looked at, Image -- sorry, just referring to Government Exhibit 550, that's the first image here (indicating)?
(Exhibit published.)
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And what is the EXIF image make and model?
BRIAN BOOTH: The make is a Cannon EOS 20D.
MS. HAJJAR: And the date and time?
BRIAN BOOTH: The date/time original is 2005:11:02 17:59:16.
MS. HAJJAR: And that's November 2nd, 2005?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: Turning to page 11 of the same exhibit, it's the same camera for Image 0151.
And what's the date and time?
BRIAN BOOTH: The original date and time is 2005:11:02 17:59:25.
MS. HAJJAR: And that's, again, November 2nd?
BRIAN BOOTH: Yes, it is.
THE COURT: Do you have the serial number of the camera?
BY MS. HAJJAR:
MS. HAJJAR: So turning your attention, Examiner Booth, to page 16 of that exhibit.
(Exhibit published.)
MS. HAJJAR: That's, again, the Cannon EOS 20D camera?
BRIAN BOOTH: Yes.
MS. HAJJAR: And what's the serial number?
BRIAN BOOTH: The serial number is 1420908348.
MS. HAJJAR: Is that the same serial number as all of the images we've been discussing this far?
BRIAN BOOTH: Yes, I believe it is.
MS. HAJJAR: Turning your attention to page 31, this is for Image 0153.
The same camera associated with this?
BRIAN BOOTH: Yes.
MS. HAJJAR: What's the date and time?
BRIAN BOOTH: The date/time original is 2005:11:02 17:59:34.
MS. HAJJAR: And turning to page 41, this is for Image 154. What's the date and time?
BRIAN BOOTH: Date/time original is 2005:11:02 17:59:47.
MS. HAJJAR: The following image, which is on page 51. The date and time?
BRIAN BOOTH: The time original is 2005:11:02 18:00:22.
MS. HAJJAR: For the following image, Image 156, is that, again, November 2nd, 2005?
BRIAN BOOTH: Yes.
MS. HAJJAR: And the following image, again, November 2nd, 2005?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And the same for the following image, 158?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: The following image as well, 159?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And 160, the same, November 2nd, 2005?
BRIAN BOOTH: Yes.
MS. HAJJAR: And the same for 161?
BRIAN BOOTH: Yes.
MS. HAJJAR: As well as 162?
BRIAN BOOTH: Yes.
MS. HAJJAR: As well as 163?
BRIAN BOOTH: Yes.
MS. HAJJAR: Now, I want to direct your attention quickly to Government Exhibit 550 again.
(Exhibit published.)
BY MS. HAJJAR:
MS. HAJJAR: Each of the images we looked at were dated November 2nd, 2005.
Are they within the folder titled 2005-11-02?
BRIAN BOOTH: Yes, they are.
MS. HAJJAR: Okay. The remaining images are within 2005-11-24, is that right?
BRIAN BOOTH: Correct.
MS. HAJJAR: And so starting with the first image of that segment, which is -- what's the name of the first image in that folder?
BRIAN BOOTH: That is IMG_0104.
MS. HAJJAR: Sorry. I'll just zoom in a bit on Government Exhibit 550.
BRIAN BOOTH: Oh, 184.
MS. HAJJAR: Okay.
So the remaining images span from Image 184 through Image 191, is that right?
BRIAN BOOTH: Correct.
MS. HAJJAR: So with respect to the EXIF data for Image 184, what's the date and time?
BRIAN BOOTH: The date/time original is 2005:11:24.
MS. HAJJAR: So that image was taken November 24th, 2005?
BRIAN BOOTH: Correct.
MS. HAJJAR: And is it the same camera, Cannon camera?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And turning to the -- page 146 for that image, is it the same serial number?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: Then turning to the following image, Image 185, is the date and time the same -- the -- not the time, necessarily, but the date, November 24th, 2005?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And for the following image, 186, is this also the same date, November 24th, 2005?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And the next image as well, the same date?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And Image 188, the following image, same date?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And image --
THE COURT: We can't see the number.
MS. HAJJAR: I'm sorry. There we go.
THE COURT: Go ahead.
BY MS. HAJJAR:
MS. HAJJAR: Image 189, the same date?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: The last image, which is Image 190, is it the same date?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: Did you observe anything about the times of the images in sequence?
BRIAN BOOTH: The times, in general, weren't -- as far as -- as far as the seconds are concerned, were sporadic. So they're not in one-second order. So it's not like 28 seconds, 29 seconds, 30 seconds. They're grouped in -- a little off. So I gather that just would be standard.
MS. HAJJAR: What do you mean by --
BRIAN BOOTH: They're not just scattered around. They were not in an order, just like where it's one second, every two seconds you get a picture. So it doesn't seem to be a timer, it seems to be just normal usage of a camera.
MS. HAJJAR: Can you explain that? What do you mean?
BRIAN BOOTH: Well, you might take a picture every one or two seconds. And, you know, depending if you're at a party, you know how many pictures you take at a party. You're not taking one every two seconds and it's timed every two seconds, unless you have it on a timer. So it's going to be sporadic.
MS. HAJJAR: So it's not regular, in other words, the images -- the time and -- the specific time of each image in sequence?
BRIAN BOOTH: Yeah, it's not a regular pattern where it's every two seconds. So it does not appear to be on a timer.
MS. HAJJAR: And, Examiner Booth, the EXIF data we just examined, they reflect two dates on which the images were taken?
BRIAN BOOTH: Yes.
MS. HAJJAR: November 2nd, 2005, and November 24th, 2005?
BRIAN BOOTH: Correct.
MS. HAJJAR: No further questions, Your Honor.
THE COURT: Cross-examination.