4.Mark Spencer — Direct (Recall, Part 2)
36 lines. . . END OF SIDEBAR CONFERENCE.)
(The jury entered the courtroom at 11:23 a.m.)
MR. FICK: Thank you. I'd like to propose a few more things from 3306 if I could. If I can get the screen for the courtroom.
So from the collection of files and folders in 3306, I'm putting up the subfolder Umar downloads. I'm going to open one of these files here, and I will sub-mark this as 3306-H. If I can get my mouse to cooperate, I'll put this up on the screen.
MR. FICK: Mr. Spencer, is this the individual image that underlies the desktop of the Samsung computer that you recreated? Does it appear to be?
MARK SPENCER: Yes.
MR. FICK: So that I'll mark as 3306-H. Then what I'd like to do is just go through the "new folder" desktop and just publish some of these images slightly larger and run through them one after the other -- so this is 3306, Umar desktop, new folder -- the image files inside it seriatim.
MR. FICK: Now, this folder -- well, stepping back for a minute, when one browses the internet, sometimes is it the case that sometimes images, et cetera, are sort of -- what happens when one browses the internet and hits a web page that has pictures on it? Do those pictures get stored on the computer somehow in an automated way?
MARK SPENCER: There's many factors involved in how that happens, but, generally speaking, if you're browsing the web and you're seeing images, they're going to be temporarily cached on the computer.
MARK SPENCER: The common location is temporary internet files.
MR. FICK: So this -- the fact that these images we just looked at were just in something called "new folder" on the desktop of the Samsung, can you infer anything about whether they were put there by an automated process or a human hand? I mean, is that where temporary internet files are put?
MARK SPENCER: No.
MR. FICK: Finally, I want to publish a small piece of one audio recording in 3306 from the encrypted files and put up on the screen also the admitted English translation. Bear with me for one moment.
(Audio recording played.)
MR. CHAKRAVARTY: Mr. Spencer, I have no questions for you.
THE COURT: All right, Mr. Spencer. Thank you. You may step down.
MS. CLARKE: Your Honor, may we approach?
THE COURT: Approach?
(SIDEBAR CONFERENCE AS FOLLOWS:
MS. CLARKE: Yesterday we overbooked our people, and today we underbooked our folks. We really thought Mr. Spencer would go close to the lunch break.
THE COURT: He tried.
MS. CLARKE: We could do some more pictures. But we called the people that we thought were going to go on right after lunch to see if they could get in here. We did that over the break. I don't think we have them yet. It would be the three boxing related witnesses. Miss Petri is on her way over. These are sort of connected to this, but we could read her earlier. And we've asked Mr. Lipson to come on. But we just simply didn't schedule very well. We had a lot of people waiting in the hallway yesterday.
THE COURT: If we took --
MS. CLARKE: It will be better tomorrow.
THE COURT: So I'm going to have to resolve the Dolakov dispute. If we took some time to do that, would she be here to read?
MS. CONRAD: Yes.
THE COURT: And Dolakov, is there -- what's the status of that?
MR. WEINREB: I think, with Dolakov, we agreed on redacted versions of the --
THE COURT: You're going to read all three?
MS. CLARKE: Two, Dolakov and Vakhabov.
THE COURT: No, 302s.
MS. CONRAD: I think there might be some very slight differences. Maybe we can confer.
THE COURT: Why don't we take a short break. I'll look at Vakhabov and see what we can do.
MR. WEINREB: Your Honor, I wanted to reiterate for the record, especially since we have some time, there are some -- five Russian witnesses who are going back to Russia on Friday. If there's time to put them on today or tomorrow, that would be better than waiting until Thursday.
MS. CLARKE: We're doing the best we can.