To: Jeffrey S. Mitchell who wrote (1289 ) 12/27/2004 1:03:23 PM From: ravenseye Read Replies (1) | Respond to of 5425 Jeff, Judge Raymond J. Dearie said "You will hear no evidence that Mr. Elgindy or others were involved in 9/11." after Mr. Cleveland a former business associate of Mr. Elgindy (now a government witness), was asked by an assistant United States attorney, Kenneth Breen, about a mid-September 2001 F.B.I. investigation into Mr. Elgindy. Mr. Cleveland responded that the investigation was related to "terrorism". Like it or not that is what was said in court. Mr. Cleveland was allowed to continue with his testimony, recounting how he learned that Mr. Elgindy was a subject in a criminal investigation. Mr. Cleveland said that Jeffrey A. Royer, an F.B.I. agent who was the source of that information and a defendant in the case, told him that investigators were looking into $6 million that Mr. Elgindy had liquidated from two brokerage companies, Charles Schwab and Salomon Smith Barney, shortly before Sept. 11. Mr. Royer also relayed information that the government was examining the money Mr. Elgindy gave to Mercy International, which Mr. Breen described as a "Middle Eastern charity." .....the whining seems to be all yours by suggesting what I do. I suggest you be more concerned about what you may have done or will do in the event tony and royer are found guilty as charged. The matter came up in the fourth full day of testimony in United States District Court in Brooklyn. Derrick Cleveland, a former business associate of Mr. Elgindy who is now a government witness, was asked by an assistant United States attorney, Kenneth Breen, about a mid-September 2001 F.B.I. investigation into Mr. Elgindy. When Mr. Cleveland responded that the investigation was related to "terrorism," Judge Raymond J. Dearie brought the hearing to a halt. "This case has nothing to do with terrorism," he said to the jury in a planned set of instructions. "You will hear no evidence that Mr. Elgindy or others were involved in 9/11." Mr. Cleveland was allowed to continue with his testimony, recounting how he learned that Mr. Elgindy was a subject in a criminal investigation. Mr. Cleveland said that Jeffrey A. Royer, an F.B.I. agent who was the source of that information and a defendant in the case, told him that investigators were looking into $6 million that Mr. Elgindy had liquidated from two brokerage companies, Charles Schwab and Salomon Smith Barney, shortly before Sept. 11. Mr. Royer also relayed information that the government was examining the money Mr. Elgindy gave to Mercy International, which Mr. Breen described as a "Middle Eastern charity." Mr. Royer promised to "keep an eye" on the case, Mr. Cleveland testified, "and as new things came out, he would let me know." The judge's comments emerged from a 25-minute discussion early yesterday between the prosecutors and the lawyers for the defendants before the trial resumed, and sought to resolve months of legal wrangling. In public reports and in court, Mr. Elgindy's lawyers have argued that there is no basis for suggesting that their client had ties to terrorism. rgm.com