2

0001
1 HIGHLY CONFIDENTIAL
2
3 UNITED STATES DISTRICT COURT
4 SOUTHERN DISTRICT OF NEW YORK
5 -----------------------------------x
6 IN RE SEPTEMBER 11 LITIGATION
7 No. 21 MC 97 (AKH)
8 -----------------------------------x
9 January 18, 2007
1:45 p.m.
10
11 Videotaped Deposition of BARBARA ANN
12 FOSTER, taken by Plaintiffs, pursuant to Notice,
13 at the offices Portland Regency Hotel, 20 Milk
14 Street, Portland, Maine, NANCY MAHONEY, a
15 Certified Shorthand Reporter and Registered
16 Professional Reporter and Notary Public within
17 and for the States of New York and New Jersey.
18
19
20
21
22
23
24
25
0002
1 A P P E A R A N C E S:
2
MOTLEY RICE LLC
3 Attorneys for Plaintiffs
28 Bridgeside Boulevard
4 P.O. Box 1792
Mt. Pleasant, SC 29465
5
BY: ELIZABETH SMITH, ESQ.
6
KREINDLER & KREINDLER LLP
7 Attorneys for Plaintiffs
100 Park Avenue
8 New York, New York 10017
9 BY: JUSTIN T. GREEN, ESQ.
10 GREGORY P. JOSEPH LAW OFFICE LLC
Attorneys for Plaintiffs
11 805 Third Avenue
New York, New York 10022
12
BY: DOUGLAS J. PEPE, ESQ.
13
ZELLE HOFMANN VOELBEL MASON & GETTE
14 Attorneys for Property Plaintiffs
1201 Main Street
15 Dallas, Texas 75202
16 BY: ANTHONY PARSONS, ESQ.
17 FLEMMING ZULACK WILLIAMSON
ZAUDERER LLP
18 Attorneys for World Trade Center
Properties
19 One Liberty Plaza
20
BY: JASON T. COHEN, ESQ.
21
22
23
24
25
0003
1 A P P E A R A N C E S: (Cont'd)
2
MAYER BROWN ROWE & MAW
3 Attorneys for United Air Lines, Inc.
71 South Wacker Drive
4 Chicago, Illinois 60606
5 BY: JOSHUA KOLAR, ESQ.
6 DEBEVOISE & PLIMPTON LLP
Attorneys for American Airlines
7 919 Third Avenue
8
BY: MAURA KATHLEEN MONAGHAN, ESQ.
9
10 GALLAGHER GOSSEEN FALLER & CROWLEY
Attorneys for Delta Air Lines, Inc.
11 350 Fifth Avenue
12
BY: JAMES GALLAGHER, ESQ.
13
GALLAGHER GOSSEEN FALLER & CROWLEY
14 Attorneys for Port Authority of NY &
NJ, Operator of Newark Airport
15 350 Fifth Avenue
16
BY: AMY L. RUINA, ESQ.
17
SEIDEN WAYNE LLC
18 Attorneys for Continental Airlines
Two Penn Plaza
20 BY: BENJAMIN C. CURCIO, ESQ.
21
22
23
24
25
0004
2 CAMPBELL CAMPBELL EDWARDS & CONROY
Attorneys for U.S. Airways
3 One Constitution Plaza
Boston, Massachusetts 02129
4
BY: RICHARD P. CAMPBELL, ESQ.
5
CONNELL FOLEY
6 Attorneys for Colgan Air
85 Livingston Avenue
7 Roseland, New Jersey
8 BY: LAURIE KACHONICK, ESQ.
9 KELLY LIBBY & HOOPES
Attorneys for Globe Aviation
10 Services Corp.
175 Federal Street
11 Boston, Massachusetts 02110
12 BY: PAUL V. KELLY, ESQ.
13 JONES HIRSCH CONNORS & BULL P.C.
Attorneys for Globe Aviation
14 Services Corp.
One Battery Park Plaza
16 BY: JAMES P. CONNORS, ESQ.
17 SIMPSON THACHER & BARTLETT LLP
Attorneys for Argenbright
18 425 Lexington Avenue
19
BY: LAURA D. MURPHY, ESQ.
20
21
22
23
24
25
0005
2 PERKINS COIE LLP
Attorneys for Boeing
3 1201 Third Avenue
Seattle, Washington 98101
4
BY: MARY P. GASTON, ESQ.
5
DOMBROFF & GILMORE, P.C.
6 Attorneys for Metropolitan
Washington Airports Authority
7 1676 International Drive
McLean, Virginia 22102
8
BY: ERIN SLUSSER, ESQ.
9
O'MELVENY & MYERS LLP
10 Attorneys for Massachusetts Port
Authority
11 7 Times Square
12
BY: EMILY S. BUSHNELL, ESQ.
13
UNITED STATES DEPARTMENT OF JUSTICE
14 U.S. ATTORNEY'S OFFICE
SOUTHERN DISTRICT OF NEW YORK
15 86 CHAMBERS Street
16
BY: SARAH NORMAND, ESQ.
17
U.S. DEPARTMENT OF HOMELAND SECURITY
18 TRANSPORTATION SECURITY
ADMINISTRATION
19 OFFICE OF THE CHIEF COUNSEL
601 South 12th Street
20 Arlington, Virginia 22202
21 BY: WAYNE WEBB, ESQ.
CAROLYN McKEE, ESQ.
22
23 ALSO PRESENT:
24 MATTHEW CHAVEZ, Videographer
25
0006
1 THE VIDEOGRAPHER: This is the
2 video operator speaking, Matthew Chavez of TC
3 Reporting, New York, New York. Today is
4 January 18th, 2007, and the time is 1:48 p.m.
5 We are at the Portland Regency Hotel, 20 Milk
6 Street, Portland, Maine, to take the videotaped
7 deposition of Barbara Foster in the matter of In
8 Re September 11th litigation in the United
9 States District Court, Southern District of New
10 York.
11 Counsel please voice identify
12 yourselves for the record.
13 MR. PEPE: Douglas Pepe from
14 Gregory P. Joseph Law Offices for the plaintiff.
15 MR. KELLY: Paul Kelly on behalf of
16 the witness.
17 THE VIDEOGRAPHER: Thank you.
18 Will the court reporter, Nancy
19 Mahoney of LegaLink, please swear in the witness
20 and you may begin.
21 BARBARA ANN FOSTER,
22 having been first duly sworn by the Notary
23 Public (Nancy Mahoney), was examined and
24 testified as follows:
25
0007
1 EXAMINATION BY MR. PEPE:
2 Q. Good afternoon, Ms. Foster.
3 A. Good afternoon.
4 Q. As I indicated, my name is Doug
5 Pepe and I represent the plaintiffs in this
6 case.
7 Can you please state your full name
8 for the record and spell it.
9 A. Barbara Ann Foster. B-a-r-b-a-r-a,
10 A-n-n, F-o-s-t-e-r.
11 Q. Okay. And do you understand that
12 you're here to give a deposition in the
13 September 11th related litigation?
14 A. Yes.
15 Q. Where do you live, Ms. Foster?
16 A. I live in Windham, 124 Tandberg
17 Trail.
18 Q. Windham, Maine?
19 A. Yes.
20 Q. Do you have any intention to -- to
21 move from that address as you sit here?
22 A. No.
23 Q. How old are you, ma'am?
24 A. 68.
25 Q. And your date of birth?
0008
1 BARBARA ANN FOSTER - CONFIDENTIAL
2 A. 7/21/38.
3 Q. And where were you born?
4 A. Portland.
5 Q. You've lived here your whole life?
6 A. Yes.
7 Q. How long at your current address?
8 A. About a year and a half.
9 Q. Have you ever been deposed before?
10 A. No.
11 Q. Have you ever been under oath
12 before?
13 A. Yes, yes. I'm sorry, yes, I have.
14 Q. Okay. Why don't you tell me about
15 that.
16 A. Work-related injury.
17 Q. And was that in connection with
18 your work at Globe?
19 A. No.
20 Q. When was that? And if you can just
21 give me a brief background.
22 A. Gosh, probably about maybe 15, 20
23 years ago, National Semi-Conductor.
24 Q. Okay. And you were injured at
25 work, and you were deposed?
0009
2 A. Yes.
3 Q. Did you bring a lawsuit?
4 A. No.
5 Q. Workers' comp claim?
6 A. Yes.
7 Q. And that's why you were deposed?
8 A. Yes.
9 Q. Any other time that you were under
10 oath that you can recall?
11 A. No.
12 Q. And do you -- do you understand the
13 rules of the deposition? I can give you a
14 little bit of background, I'll -- I'll do that
15 for you.
16 A. Okay.
17 MR. KELLY: Don't think that's
18 necessary.
19 MR. PEPE: No, okay.
20 Q. And are you represented by counsel
21 today?
22 A. Yes.
23 Q. Who is your counsel?
24 A. Mr. Kelly, to my right.
25 Q. And is Mr. Kelly also Globe's
0010
2 counsel?
3 A. Yes.
4 Q. Did Mr. Kelly contact you to inform
5 you that you were to be deposed in this case?
6 A. Yes.
7 Q. And he was the first person that
8 contacted you about your deposition?
9 A. Yeah. No.
10 MR. KELLY: Someone that works for
11 me.
12 A. Yeah, someone that works for him.
13 Q. Okay. Someone from Mr. Kelly's
14 office?
15 A. Yeah. Yeah, I didn't know if he
16 worked for him.
17 Q. Who is paying your counsel fees
18 today?
19 A. I don't know.
20 Q. Okay. But you're not paying them?
21 A. Oh, no, no.
22 Q. Okay. Did you prepare for this
23 deposition by meeting with Mr. Kelly or anyone
24 that works with him?
25 A. I met with Mr. Kelly.
0011
2 Q. How many times?
3 A. Just once.
4 Q. And when was that?
5 A. Last week.
6 Q. Did you meet here in Portland?
7 A. Yes.
8 Q. Where did you meet?
9 A. At this place, at this hotel.
10 Q. Was there anyone there aside from
11 Mr. Kelly?
12 A. No.
13 Q. Did you review any documents during
14 that meeting with Mr. Kelly to refresh your
15 recollection for your testimony today?
16 A. Yes.
17 MR. KELLY: Objection to the form.
18 Be careful in this area. You may get into
19 privilege. It's okay to ask her what documents
20 she reviewed in preparation, but not what she
21 reviewed with me.
22 MR. PEPE: No, I can ask her what
23 documents she reviewed with you to refresh her
24 recollection.
25 MR. KELLY: We'll see how far you
0012
2 go.
3 MR. PEPE: Okay.
4 Q. You -- you can answer.
5 MR. PEPE: We can have it read
6 back.
7 (Record read.)
8 Q. And what documents did you review?
9 MR. KELLY: No. Objection. She's
10 not answering that question.
11 Q. To refresh your recollection?
12 MR. KELLY: You're not answering
13 the question.
14 Q. Did you review any documents in
15 preparation for your testimony to refresh your
16 recollection?
17 A. No. The only thing I looked at was
18 like maybe some knives and -- and some
19 individuals.
20 Q. We'll -- we'll keep those, and
21 we'll talk about them in -- in a moment.
22 Any other documents?
23 A. No.
24 Q. Any other items?
25 A. No.
0013
2 Q. What kind of knives did you look at
3 in preparation for your deposition today?
4 A. Like just menacing knives.
5 Q. Were those your knives?
6 A. No.
7 Q. They were shown to you?
8 A. Just a picture of it.
9 Q. Pictures of knives?
10 A. No, just a picture of a knife.
11 Q. Were those exhibits that have been
12 marked in previous depositions in this case?
13 A. I'm not sure.
14 Q. So -- so you looked at pictures of
15 menacing knives. Anything else?
16 A. No.
17 Q. How many pictures?
18 A. Two, I think there was two.
19 Q. Describe what they looked like.
20 A. With a serrated edge.
21 Q. Both of them?
22 A. No. The other one was just an
23 extremely large knife.
24 Q. How could you tell that it was
25 extremely large from a picture?
0014
2 A. Well, it's over 4 inches.
3 Q. And how could you tell that from a
4 picture?
5 A. Well, you can just tell by looking
6 at it. I could just tell by looking at it from
7 my experience working the airport.
8 Q. And the other knife, you said, the
9 other picture you saw in preparation for your
10 testimony today had a serrated edge on it?
11 A. Yes.
12 Q. Do you know what kind of knife it
13 was?
14 A. No.
15 Q. Do you know what kind of knife the
16 other knife was?
17 A. No.
18 Q. And you indicated that you reviewed
19 pictures of individuals.
20 A. Yes, I saw a picture of
21 individuals.
22 Q. Was it one picture or more?
23 A. Just one.
24 Q. And how many individuals were on
25 the picture?
0015
2 A. Two.
3 Q. Let me show you what's been marked
4 as Exhibit 246A. If you could please take a
5 look at that series of pictures, but you can
6 look at just the first one.
7 Is that the picture that you
8 reviewed?
9 A. No, it was a pic -- a different
10 picture.
11 Q. Okay. But it was one picture with
12 two individuals on it?
13 A. Yes.
14 Q. Do you know where that picture is
15 now?
16 A. No.
17 Q. Was it your picture?
18 A. No.
19 Q. It was shown to you by someone
20 else?
21 A. Yes.
22 Q. Do you have that picture in your
23 possession?
24 A. No.
25 Q. Do you have the pictures of the
0016
2 knives in your possession?
3 A. No.
4 Q. Okay. Now, let's just establish.
5 You worked for Globe on September 11th --
6 A. Yes.
7 Q. -- 2001?
8 A. Um-hum.
9 Q. Okay. And were you a -- what was
10 your position at Globe?
11 A. A security screener.
12 Q. Do you have any documents at home
13 concerning your work at Globe --
14 A. No.
15 Q. -- or -- no documents concerning --
16 A. No.
17 Q. Do you have any documents at home
18 concerning the events of 9/11?
19 A. No.
20 Q. Do you have a copy of the 9/11
21 Commission Report?
22 A. No, I don't think so.
23 Q. Newspaper articles?
24 A. No.
25 Q. Did you produce any documents to
0017
2 your counsel at any time?
3 A. No.
4 Q. Were you asked to produce any
5 documents?
6 A. No.
7 Q. Were you instructed by counsel to
8 preserve your documents?
9 A. No.
10 MR. KELLY: Objection to anything
11 she was instructed by counsel. She's not
12 answering.
13 Q. Did you preserve any documents?
14 A. No.
15 Q. Were you instructed by anyone at
16 Globe --
17 A. No.
18 MR. KELLY: Let him finish his
19 question, okay? Let him finish his question.
20 THE WITNESS: Oh, okay. I thought
21 he was through, I'm sorry.
22 Q. And I will -- no, that's okay.
23 That's okay. I will -- I'll finish it, and then
24 you can --
25 A. Okay.
0018
2 Q. -- you can answer it.
3 Were you instructed by anyone at
4 Globe, since September 11th, 2001, to preserve
5 any documents?
6 A. No.
7 Q. And you said you were a -- I'll --
8 I'll use the shortened phrase -- a checkpoint
9 screener --
10 A. Yes.
11 Q. -- on September 11th?
12 And you were a checkpoint screener
13 at Portland?
14 A. Yes.
15 Q. Portland International Jetport?
16 A. Yes.
17 Q. But if I say Portland, you'll
18 understand what I mean?
19 A. Um-hum.
20 MR. CONNORS: Don't be in a rush.
21 Let him finish.
22 THE WITNESS: Oh, okay.
23 Q. When did you start your employment
24 with Globe?
25 A. August '97.
0019
2 Q. When was your last day with Globe?
3 A. I think it was August -- it was
4 2002.
5 Q. Were you a checkpoint screener from
6 August 1997 through August 2002, excluding your
7 training period?
8 A. Yes.
9 Q. What was your salary when you
10 started?
11 A. 3.75.
12 Q. What was your salary in August
13 2002?
14 A. $8.
15 Q. When was your first raise, if you
16 can give me a -- a month, a season, year,
17 whatever -- whatever your best recollection is
18 of when you received your first raise?
19 A. I really don't remember.
20 Q. What were you making on
21 September 11th, 2001?
22 A. I would say probably 6.25.
23 Q. So you got a dollar, 75 raise at
24 some point after September 11, 2001 before you
25 left in August 2002?
0020
2 MR. KELLY: Objection.
3 A. Probably.
4 MR. KELLY: Go ahead, you can
5 answer.
6 A. No, I said probably. I don't
7 remember.
8 Q. Did you ever have -- strike that.
9 From August 1997 through August
10 2002, did you ever have another job?
11 A. No.
12 Q. Where do you currently work, ma'am?
13 A. I work at the Gorham House
14 Comprehensive Living Center.
15 Q. And is that the only job that
16 you -- you've had since you left Globe in August
17 of 2002?
18 A. Yes.
19 Q. What do you do there?
20 A. I work on the switchboard.
21 Q. How much do you make?
22 A. I just -- I just got a raise. I
23 think it's 8.50, it's 8.50.
24 Q. Have you ever read the 9/11
25 Commission Report or excerpts of it?
0021
2 A. No, not that I can recall.
3 Q. Have you ever read any staff
4 statements or -- they're called staff monographs
5 relating to the 9/11 Commission? Let me strike
6 that.
7 Have you ever read any documents
8 concerning the 9/11 Commission?
9 A. No.
10 Q. How about books about
11 September 11th?
12 A. No.
13 Q. Have you ever seen any
14 documentaries or movies?
15 A. I haven't -- no, I haven't. Just,
16 you know, what people -- I've heard people say a
17 little bit, heard people say, but I've never
18 seen any documentaries, no.
19 Q. The so the recent movies that have
20 come out, you haven't seen?
21 A. No.
22 Q. Press reports?
23 A. No.
24 Q. Well, just to be clear, because we
25 need to be precise in my -- my questions and
0022
2 your answers, and if my questions are unclear,
3 then I -- I should rephrase.
4 I suspect, and you can tell me if
5 I'm wrong, that on September 11th and the days
6 following, you saw some press accounts about
7 the --
8 A. Yes, very little.
9 Q. So let's -- let's just, you know,
10 make sure that the record is clear. Maybe we'll
11 start a month after September 11th. From that
12 point forward, did you -- did you read any press
13 accounts or see any press accounts about the
14 events of September 11th?
15 A. No, not -- not much. Just maybe a
16 little bit on the local news. That's all.
17 Q. Did you ever see a videotape of the
18 hijackers --
19 A. No.
20 Q. -- played on the local news?
21 A. No.
22 Q. Now, I asked you before if you had
23 ever been under oath. So let's -- let's just
24 generalize it.
25 Have you ever given any statements
0023
2 to anyone, other than counsel, about the events
3 of 9/11 or your work at Globe or your work at
4 Portland Airport?
5 MR. KELLY: Objection to form.
6 A. No.
7 MR. KELLY: You can answer.
8 A. No.
9 Q. Did you ever speak to the FB --
10 FBI?
11 A. Yes.
12 Q. Okay. Well, I would consider that
13 a statement, so that's why I made the --
14 A. Oh, I'm sorry.
15 Q. No, that's -- that's fine.
16 When did you speak to the FBI?
17 A. Right after September 11th.
18 Q. Was it on September 11th or after?
19 A. No, after.
20 Q. Do you recall how -- how long after
21 or the date?
22 A. I think it might have been a week,
23 I'm not sure.
24 Q. Did you speak to a Mr. Lechner?
25 A. I think that was his name.
0024
2 Q. All right. We'll get back to that.
3 Anyone else, other than
4 Mr. Lechner? I'm talking about in an official
5 capacity, anyone from the 9/11 Commission --
6 I'll give you a laundry list of people, but
7 anyone from the 9/11 Commission, any police, any
8 other members of the FBI, the FAA, anyone of
9 that official nature?
10 MR. KELLY: Objection to form. Go
11 ahead and answer if you understand his question.
12 Q. I'm just trying to shortcut it.
13 I'm not asking you for your -- you know,
14 speaking to your family members or anything like
15 that.
16 A. Yeah. Can you repeat it again?
17 I'm sorry.
18 Q. Did you give any statements to any
19 person, other than Mr. Lechner or your counsel,
20 from September 11th, 2001 to today about the
21 events of September 11th, 2001, your work at
22 Globe or your work at the airport?
24 A. I can't remember, I'm sorry.
25 Q. Well, then we can go through
0025
2 each -- each one.
3 A. Okay.
4 Q. Did you ever give any statements to
5 the FBI -- or to the FAA?
6 A. I don't recall.
7 Q. Did you ever speak with any law
8 enforcement officers, other than Mr. Lechner?
9 A. No.
10 Q. Did you ever speak with anyone at
11 Globe?
12 A. No, not that I recall -- can
13 recall.
14 Q. Never spoke with a co-worker about
15 9/11?
16 A. Oh, yeah, just that day, that's
17 all.
18 Q. That day?
19 A. Yes.
20 Q. And never again?
21 A. Yeah.
22 Q. And you said that you heard people
23 say things about 9/11.
24 A. Yeah, yeah.
25 Q. What -- what people?
0026
2 A. Just people going through and
3 people like down to the little cafe we had there
4 once in a while. We -- we tried not to talk
5 about it.
6 Q. And the people you're referring to,
7 are they employees?
8 A. Yeah.
9 Q. Employees of Globe?
10 A. No, employees for the whole
11 airport.
12 Q. Including some of the airlines?
13 A. Yeah, yeah.
14 Q. Did you ever speak with Mr. Touhey?
15 A. No.
16 Q. Do you know who Mr. Touhey is?
17 A. Yes, I do.
18 Q. Who is Mr. Touhey, for the record?
19 A. He was a ticket agent for, I think,
20 U.S. Air.
21 Q. And was he a ticket agent on 9/11?
22 A. I believe so.
23 Q. How do you know Mr. Touhey?
24 A. I just know him from coming in and
25 out of the screening area, that's all.
0027
2 Q. Why would Mr. Touhey come in and
3 out of the screening area?
4 A. Well, they come up through once in
5 a while and go out through the -- through the
6 sterile area.
7 Q. Okay.
8 A. That's all.
9 Q. Did you ever discuss with anyone
10 statements that Mr. Touhey may have made about
11 the events of September 11th?
12 A. No.
13 Q. Anyone come to mind as a person
14 that you spoke with at the cafe or otherwise?
15 A. No, no, not that I can recall.
16 Q. Who was your supervisor on
17 September 11th?
18 A. It was Pauline Cloudman.
19 Q. Did you ever speak with
20 Ms. Cloudman about the events of September 11?
21 A. We did that day, yeah. We didn't
22 talk about it much at all afterwards.
23 Q. I -- I understand, but just --
24 A. Yeah.
25 Q. Well, can you remember anything
0028
2 about the conversation that you had with her?
3 A. No. No, just that we couldn't
4 believe, you know, that -- what people were
5 telling us.
6 Q. What were people telling you?
7 A. Well, they were coming up from the
8 snack bar just saying what happened.
9 Q. And what were they saying?
10 A. About the airlines hitting the
11 buildings.
12 Q. Did you ever see any images of the
13 buildings?
14 A. I have.
15 Q. And -- well, let me just finish.
16 Did you ever see any images of the -- of the
17 aircraft striking the buildings?
18 A. Yes.
19 Q. When did you see those images?
20 A. Just on the news.
21 Q. After September 11th?
22 A. Yes.
23 Q. Did you see it on September 11th?
24 A. Yes, I did.
25 Q. Where?
0029
2 A. On the news.
3 Q. Where were you?
4 A. I was at the -- the checkpoint.
5 Q. So you had a --
6 A. When I went home that night.
7 Q. Okay. So let's -- let's just back
8 up.
9 When you were at the checkpoint on
10 September 11 --
11 A. Yeah.
12 Q. -- did you see the --
13 A. No, no, didn't see it that day.
14 Q. So the first time you saw it was --
15 A. Yeah.
16 Q. -- when you were at home?
17 A. That night, yeah.
18 Q. Did you ever speak to the press --
19 A. No.
20 Q. -- about September 11?
21 A. No.
22 Q. Ever speak to any representative of
23 U.S. Air?
24 A. No.
25 Q. How about Colgan?
0030
2 A. How about who?
3 Q. Colgan?
4 A. Who is that? I don't know who that
5 is.
6 Q. You don't know who Colgan is, do
7 you?
8 A. No.
9 Q. Did you ever hear of Flight 5930?
10 A. No.
11 Q. Were there any Colgan flights out
12 of the airport on September 11th, 2001?
13 MR. KELLY: Object to form.
14 Q. I'm sorry, let me rephrase.
15 Were there any flights that you as
16 a -- as a checkpoint screener considered or
17 called Colgan flights?
18 A. I never heard that before.
19 Q. You knew them to be U.S. Air --
20 Airways flights?
22 MS. KACHONICK: Objection.
23 A. I don't know. I don't --
24 Q. Now, you indicated that you had a
25 conversation with Mr. Lechner -- strike that.
0031
2 A. Excuse me.
3 Q. That's okay. You can take a
4 second.
5 Did you ever write down any
6 recollections about what happened on
7 September 11, 2001?
8 A. No.
9 Q. Did you ever see a statement that
10 you gave about the events of September 11, 2001?
11 A. No.
12 Q. Did Mr. Lechner take notes when you
13 spoke with him?
14 A. I don't believe so.
15 Q. Was there a tape recorder there?
16 A. No.
17 Q. Was there a court reporter there?
18 A. No.
19 Q. Was there anyone else in the room
20 with Mr. Lechner --
21 A. No.
22 Q. -- other than you?
23 I'd like you to think back to that
24 conversation and start from the beginning and
25 tell me where you were.
0032
2 A. When I spoke with Mr. Lechner?
3 Q. Yes.
4 A. We -- we went out in the sterile
5 area. We were sitting there talking. There was
6 no one around.
7 Q. Were you sitting where passengers
8 sit?
9 A. Yes, yeah.
10 Q. In front of a gate or --
11 A. Yeah.
12 Q. And I'd like you to put yourself
13 in -- into that moment and tell me everything
14 you can remember about your conversation with
15 Mr. Lechner that day. What did he ask you, what
16 did you say in response?
17 A. I don't really remember. Just
18 different things. I -- I don't remember, but he
19 did show me some pictures of the 19 hijackers,
20 and that's the only thing I really remember.
21 Q. Did he ask you where you were on
22 September 11?
23 A. Yes, he did ask that.
24 Q. And what did you say?
25 A. I told him at the checkpoint.
0033
2 Q. Did he ask you where at the
3 checkpoint you were?
4 A. Yes.
5 Q. And what did you say?
6 A. I told him in the -- in the baggage
7 area.
8 Q. Can you tell me what you mean by
9 baggage area?
10 A. Checking the bags, back of the
11 x-ray machine.
12 Q. And did you tell him this -- strike
13 that.
14 Did you tell him that you were in
15 the baggage area at a particular time on
16 September 11th?
17 A. No, I don't remember the time,
18 telling him that at all.
19 Q. Okay. So the on -- what you told
20 him was, "I was in the baggage area on
21 September 11"?
22 A. Um-hum.
23 Q. Were you anywhere else at the
24 checkpoint on September 11th?
25 A. Yes, because we start out and move
0034
2 around every 20 minutes.
3 Q. And did you move around every 20
4 minutes --
5 A. Yes.
6 Q. -- on September 11th?
7 A. Um-hum.
8 Q. All right. We'll -- we'll get back
9 to that.
10 You said pictures of the 19
11 hijackers. Did he tell you they were the
12 hijackers?
13 A. Yes.
14 Q. Did you recognize any of the
15 pictures?
16 A. No.
17 Q. Do you know who Mohamed Atta is?
18 A. Yes.
19 Q. Did he point Mohamed Atta out to
20 you?
21 A. No, he didn't.
22 Q. Did he show you a videotape?
23 A. No.
24 Q. Is there anything else you can
25 remember about that conversation, other than
0035
2 what you've told me?
3 A. No, I don't remember. Probably
4 just how long I worked there and stuff like
5 that, my address and everything like that.
6 Q. Did he ask you if you saw anything
7 unusual?
8 A. No, I don't remember that, that he
9 asked me that.
10 Q. Did he tell you anything else that
11 you haven't told us?
12 A. No.
13 Q. Did you tell him anything else that
14 you can remember that you haven't told us?
15 A. No.
16 Q. Do you know what the Checkpoint
17 Operations Guide is?
18 A. Yes.
19 Q. When's the last time you saw it?
20 A. It was always there at the
21 checkpoint so we could look at it. I don't
22 know, probably -- what do you mean -- what do
23 you mean, when working there or did I look in
24 it? Is that what you're talking -- are you
25 talking about?
0036
2 Q. Well, we'll start with looking in
3 it, actually perusing through it, reading it.
4 A. I'm not really sure. I -- I really
5 can't tell you that. I don't know. It was
6 always there to refer to.
7 Q. Have you seen it since September --
8 I'm --
9 A. No.
10 Q. Strike that. I'm sorry, let me
11 rephrase.
12 Have you seen it since August 2002?
13 A. 2002? No.
14 Q. Did you refer to it frequently as a
15 checkpoint screener?
16 A. We did.
17 Q. Did you personally?
18 A. Yes.
19 Q. So you would recognize it?
20 A. Yes.
22 as Exhibit 175. This is a document that has
23 some numbers on the bottom right-hand corner. I
24 want you to ignore those numbers for the moment.
25 A. Okay.
0037
2 Q. Pretend they're not there.
3 And on the top -- and on the top
4 right -- I'm sorry, we'll wait for your counsel.
5 MR. KELLY: Do you know who this
6 was produced by, which party?
7 MR. PEPE: U.S. Airways.
8 MR. KELLY: For the record, I don't
9 think this is the document --
10 MR. PEPE: It's not. That's what I
11 was trying to establish. Do we have it?
12 MR. CONNORS: I'm sure it was
13 supplied.
14 MR. PEPE: I've never seen it from
15 you guys. We have one COG from you guys, and
16 it's the one that was at Logan.
17 MR. KELLY: We'll have to check
18 with --
19 MR. PEPE: Sure, I mean, I'll
20 request it.
21 MR. KELLY: I think that what's --
22 this is going to present a problem is this
23 covering page. I think if you start with the
24 second page, you may have more luck.
25 MR. PEPE: Okay. But is -- you can
0038
2 tell me -- let's go off for a minute.
3 THE VIDEOGRAPHER: Going off the
4 record. The time is 2:14.
5 (Recess taken.)
6 THE VIDEOGRAPHER: We're back on
7 the record. The time is 2:17.
8 MR. KELLY: Before we -- before we
9 continue, the witness wants to just clarify
10 because she -- I think she misunderstood a
11 couple of your questions. You asked her what
12 documents she had looked at in preparation for
13 this deposition, and I think she talked about
14 looking at some photographs and the like. She
15 has also looked at two other documents, copy of
16 her personnel file and a copy of the Checkpoint
17 Operations Guide.
18 BY MR. PEPE:
19 Q. Is that correct, ma'am?
20 A. Yes. I thought you were talking
21 about looking at it at the checkpoint.
22 Q. And I'm sorry if my question was
23 unclear.
24 A. No, it probably was me.
25 Q. That's -- that's fine.
0039
2 Any time from September 11th,
3 2001 -- I'm sorry.
4 Any time from August 2002 to
5 present did you review -- have occasion to
6 review the COG, other than in preparation for
7 your deposition?
8 A. No.
9 Q. But you did review it in
10 preparation for --
11 A. Yes.
12 Q. -- your deposition?
13 Did you review the whole thing?
14 A. No.
15 Q. Just sections?
16 A. Yeah.
17 Q. Do you recall which sections you
18 reviewed?
19 A. No. Actually, I went through the
20 whole thing, but just something -- different
21 things kind of stood out more than others.
22 Q. I'll show you a copy of Bibbey 1,
23 which is --
24 MR. PEPE: And let's put this on
25 the record. I -- I do not know believe that the
0040
2 plaintiffs have a copy of the Checkpoint
3 Operation Guide in our possession that was at
4 Logan on September 11th, 2001. So we -- I'm
5 sorry, at Portland. So we've agreed amongst
6 counsel that I can use the copy that was
7 provided by TSA as the document that we'll use
8 for purposes of this deposition. Is that
9 accurate?
10 MR. CONNORS: Sure.
11 MR. KELLY: No problem. I don't
12 think there's a problem.
13 Q. Why don't you just flip through
14 that and tell me which were the sections of the
15 Checkpoint Operations Guide that kind of stood
16 out more than others.
17 MR. KELLY: You want her to give
18 page references or -- or --
19 MR. PEPE: Or sections.
20 MR. KELLY: -- or section numbers?
21 Q. You can start with sections,
22 whatever is easier for you.
23 A. One thing was like air cargo, I
24 think it was in here, I think it was in here.
25 Special procedures, stuff like that.
0041
2 Q. Okay. So let's go to that section.
3 A. I think it was air cargo.
4 Q. Starts on 6-1.
5 A. Um-hum.
6 Q. XC 050848.
7 MR. KELLY: Is there a question
8 before her?
9 MR. PEPE: Yeah.
10 Q. The question is: What -- what
11 sections were the ones that stood out to you
12 when you were reviewing it in preparation for
13 your --
14 A. This is basically the one here,
15 special procedures, but I think it was in
16 conjunction with air cargo screening, stuff like
17 that.
18 Q. All right. So why don't you point
19 me to the page that stood out to you?
20 MR. KELLY: I don't know that she
21 said a page.
22 A. I don't know.
23 MR. KELLY: I think she said
24 certain sections.
25 A. No, I just -- yeah.
0042
2 Q. Okay. So this is one of them?
3 A. Yeah, this is one of them.
4 Q. Any others?
5 MR. CAMPBELL: Which section was
6 that?
7 MR. KELLY: 6.
8 MR. PEPE: 6.
9 Q. Screening air cargo, XC --
10 A. Yeah, that's -- that's the one I
11 was most interested in.
12 Q. Okay. And why were you most
13 interested in that section?
14 A. Well, because I've never really
15 been involved with that, that's why. And I was
16 just looking through that.
17 Q. So you were unfamiliar with it --
18 A. Yeah, yeah.
19 Q. -- prior to referring it --
20 A. Yeah.
21 Q. -- in preparation for your
22 deposition?
23 A. Yeah.
24 Q. Okay. Any other sections --
25 A. No, I --
0043
2 Q. -- stand out?
3 A. No, I can't think of any. No,
4 that's it. And maybe emergency procedures.
5 Q. What about emergency procedures?
6 A. Well -- well, like when EMT came
7 through and things like that, stuff like that.
8 I would just review that.
9 Q. Do -- is it your testimony that
10 those sections have particular relevance to your
11 deposition today?
12 A. No. I was just looking at it.
13 Q. Where were you when you first heard
14 that a plane crashed into the World Trade
15 Center?
16 A. What position I was at?
17 Q. Where were you?
18 A. In the checkpoint.
19 Q. What time was it, approximately?
20 A. I don't know, somewhere around 6
21 o'clock, I think.
22 Q. 6 o'clock in the morning?
23 A. Yeah.
24 Q. I'm asking when you first heard
25 that a plane crashed into the World Trade
0044
2 Center.
3 A. Oh, no. I don't know, maybe 8:30,
4 9 o'clock, something like that.
5 Q. Were you at a particular station?
6 A. Yes.
7 MR. KELLY: When -- when she heard
8 the news?
9 MR. PEPE: Yes.
10 A. Yes, yes.
11 Q. What station?
12 A. I was at the baggage station.
13 Q. So at some point between 8:30 and 9
14 o'clock, you were at the baggage station?
15 A. Yeah.
16 Q. And how long were you at the
17 baggage station when you remember hearing that
18 the plane struck the towers?
19 A. I have to rephrase that. Every 20
20 minutes, we rotated, so I don't really remember
21 at that time when we heard about that where I
22 was. I was in the checkpoint, I know that,
23 because every 20 minutes we rotated.
24 Q. Where would I look to find out
25 where you were at a particular time?
0045
2 A. What do you mean?
3 Q. Is there a document that would tell
4 me that?
5 A. I don't know.
6 Q. Is there a person that would know
7 that?
8 A. I don't really know.
9 Q. Were there logs kept?
10 A. Yes.
11 Q. Did you have to sign that log?
12 A. No.
13 Q. Who kept the logs?
14 A. A supervisor. The only one that we
15 signed was the -- was one on the x-ray machine
16 when we're on that one.
17 Q. So that log would tell me whether
18 you were on the x-ray machine at a particular
19 time?
20 A. Yeah, that would tell you a
21 particular time, yeah.
22 Q. Why don't you tell me everything
23 you can remember from the time you got into work
24 that day till the time you left. Let's start
25 with getting to work.
0046
2 MR. KELLY: We're talking about
3 September 11th?
4 MR. PEPE: On September 11th, 2001.
5 A. Well, I started out at the
6 magnetometer --
7 Q. Well, let's -- well, we'll back up.
8 I'll ask specific questions.
9 A. Oh, okay.
10 Q. I wanted to focus you on what I'm
11 talking about.
12 A. Um-hum.
13 Q. Did you drive to work that morning?
14 A. Yes.
15 Q. Did you park in the employee
16 parking lot?
17 A. Yes.
18 Q. Did you go straight to the
19 checkpoint?
20 A. Yes.
21 Q. What time did you get there?
22 A. Oh, around 4 o'clock.
23 Q. 4 a.m.?
24 A. Yeah.
25 Q. Was the checkpoint open at 4 a.m.?
0047
2 A. Yes. Not for passengers, but for
3 us.
4 Q. Okay. By open, I mean was the
5 checkpoint open receiving passengers --
6 A. No.
7 Q. -- at 4 a.m.?
8 What -- what time on and prior --
9 in the week, say, or couple weeks prior to
10 September 11th, what time would the checkpoint
11 usually open?
12 A. 5.
13 Q. Was it constant?
14 A. Yes.
15 Q. Now, were the flights fairly
16 regular coming out of Portland at that time
17 period?
19 MR. CAMPBELL: Object to the --
20 object to the form.
21 Q. Same flights day by day?
22 A. As far as I know.
23 MR. KELLY: Same objection.
24 Go ahead, you can answer.
25 A. As far as I know.
0048
2 Q. The schedule didn't change a lot?
3 A. Yeah. No, not unless it was a
4 storm or something.
5 Q. Do you remember what the first
6 flight out in the morning usually was around
7 that time period?
8 A. You talking about the air carrier?
9 Q. Sure.
10 A. No, I don't. I don't know that.
11 Q. When did you have -- in the morning
12 shift -- strike that.
13 What was the morning shift around
14 that time period, 4 o'clock to what?
15 A. 1, I worked 4 to 1.
16 Q. From 4 do 1, what was the busiest
17 time period?
18 MR. CAMPBELL: Object to form.
19 A. Oh, it was like 5 o'clock in the
20 morning and then I think it was around 10, my
21 recollection. I think those were the two
22 busiest times.
23 Q. So 5 when the checkpoint opened?
24 A. Yes.
25 Q. And 10?
0049
2 A. Um-hum.
3 Q. So you got there at 4?
4 A. Um-hum.
5 Q. What do you remember next, walking
6 to -- walk up to the checkpoint?
7 A. Yeah.
8 Q. What happened next?
9 A. Nothing. We just sat out in the
10 sterile area, got a cup of coffee.
11 Q. Who -- who's "we"?
12 A. Some of the other co-workers.
13 Q. Do you remember who they were?
14 A. Paul Burrows was one, Collie
15 Rogers.
16 Q. Anyone else?
17 A. No.
18 Q. And this was at about 4 o'clock?
19 A. Yeah, a little after 4.
20 Q. Was Mr. Hughes there at 4?
21 A. I'm not sure because his office was
22 downstairs, so I don't know what time he got
23 there. He wasn't upstairs at that time.
24 Q. Was Mr. Johns there?
25 A. Yes.
0050
2 Q. Was Anthony Genovese, Tony
3 Genovese?
4 A. I don't know.
5 Q. But you remember Mr. Johns,
6 Mr. Burrows, Mr. Rogers?
7 A. Yes.
8 Q. And yourself?
9 A. Yes.
10 MR. KELLY: Are you asking her who
11 she remembers being there before it opened?
12 MR. PEPE: When she had a cup of
13 coffee in the sterile area.
14 MR. KELLY: So before it opened at
15 5, is that what you're asking her?
16 MR. PEPE: After they got there, a
17 couple minutes after 4.
18 MR. KELLY: Well, that's my
19 question. Are you asking a couple minutes after
20 4 or before they opened at 5? Because there's
21 obviously a difference.
22 MR. PEPE: Right. The -- the
23 answer is we're -- we're right now in the time
24 period that's a couple minutes after 4.
25 MR. KELLY: All right. Listen to
0051
2 his question and -- and if you -- a couple
3 minutes after 4, he's asking you who was there.
4 A. You talking about having a cup of
5 coffee with me?
6 Q. Yes.
7 A. It was just Paul Burrows and Collie
8 Rogers.
9 Q. Who was the CSS on duty --
10 A. Pauline --
11 Q. -- at that point?
12 A. Pauline Cloudman.
13 Q. Where was she when you were having
14 this cup of coffee?
15 A. She was in doing her morning duties
16 with the OTPs and all that stuff, setting up the
17 checkpoint.
18 Q. Did you see her do those duties?
19 A. Yes.
20 Q. What are those duties that you saw?
21 A. She had to test the magnetometer.
22 Q. Not what she had to do. What --
23 what she did. I'm asking what she actually did.
24 MR. KELLY: On the morning of 9/11?
25 Q. On the morning of 9/11.
0052
2 A. Oh, I didn't see her do all that.
3 Where we were sitting, it was wide open. We
4 could see her in there doing her duties. I
5 don't -- I don't know. She did the normal
6 thing, I believe.
7 Q. But what did you actually see her
8 do, is my question?
9 A. I didn't see her do anything.
10 Q. In between, a couple minutes after
11 4 when you were having the cup of coffee and 5
12 when the checkpoint opened, what do you remember
13 happening?
14 A. Nothing.
15 Q. You just had the cup of coffee?
16 A. Yeah, we just sitting there talking
17 until it opened.
18 Q. Okay. And the checkpoint opened at
19 5?
20 A. Yes.
21 Q. And what was the first station you
22 manned?
23 A. I was on the magnetometer.
24 Q. You said you were on a
25 magnetometer. Were there more than one
0053
2 magnetometers there?
3 A. Only one checkpoint was open.
4 Q. One lane?
5 A. Yeah, one lane.
6 Q. So at 5, only one lane was opened?
7 A. Yes, um-hum.
8 Q. Did Pauline have a pre-shift
9 briefing that morning with you?
10 A. Yes.
11 Q. What did the pre-shift briefing
12 consist of?
13 A. Oh, gosh, I can't remember. Just
14 telling us different things that we had to know
15 and do. You know, to be alert and -- just
16 normal things that she would tell us.
17 Q. Such as?
18 A. And tell us where to go on a
19 machine.
20 Q. Well, that -- that's fine. I --
21 but I'm not asking for normal things. I'm
22 asking for what -- what do you remember her
23 telling you on September 11th, 2001?
24 A. I don't remember what she said.
25 Q. Did she show you any SDs?
0054
2 A. No.
4 Q. Do you know what an SD is?
5 A. Security directive.
6 Q. Did she show you any?
7 A. No.
8 Q. Did she show you any ICs?
9 A. I don't know what the IC is.
10 Q. Never heard of it before?
11 A. Not that I can recall.
12 Q. But she didn't show them to you on
13 September 11th?
15 Q. Is that your testimony?
16 MR. KELLY: Objection. You can
17 answer.
18 A. No, I -- I don't remember seeing
19 anything.
20 Q. So at 5 when you manned the
21 magnetometer, who was on the x-ray machine?
22 A. I -- let me see. I think it was
23 Paul Burrows. I'm not sure.
24 Q. Who was on the bag check station?
25 MR. KELLY: Just so we're clear,
0055
2 are you talking about for --
3 A. I'm not sure.
4 MR. KELLY: -- the first 20 minutes
5 starting at 5 o'clock, is that -- is that your
6 question?
7 MR. PEPE: Yeah. To be clear, I'm
8 not saying -- I'm not saying anything about 20
9 minutes. I said at 5 o'clock, when the witness
10 was manning the magnetometer, who was on the
11 x-ray machine --
12 MR. KELLY: The checkpoint?
13 MR. PEPE: -- and who was on the
14 bag? Yes.
15 MR. KELLY: If you remember.
16 A. I don't remember.
17 Q. That's an instruction.
18 MR. KELLY: You're instructing her?
19 MR. PEPE: No, you are.
20 MR. KELLY: I'm trying to clarify
21 your question because it's unclear.
22 MR. PEPE: Okay. Well, I don't
23 think instructing the witness about her memory
24 is -- has anything to do with my question.
25 MR. KELLY: Do you have a memory
0056
2 of -- of who was where? If you do answer, his
3 question.
4 THE WITNESS: At 5 o'clock, no.
5 Q. I want to show you what's been
6 marked as -- let me just get a few things out of
7 the way.
8 You didn't test the magnetometers
9 on September 11th, 2001, did you?
10 A. No.
11 Q. And you didn't test the x-ray
12 machine on September 11, 2001, did you?
13 A. No.
14 Q. How is the checkpoint supposed to
15 be staffed in that time period?
17 Q. You can answer.
18 A. Oh. Four, supposed to be at least
19 four before we can open.
20 Q. Okay. So one person on the x-ray
21 machine?
22 A. Yes.
23 Q. And one person on the magnetometer?
24 A. Yes.
25 Q. And one person in the bag check
0057
2 area?
3 A. Yes.
4 Q. Who was the fourth?
5 A. The handheld metal detector.
6 Q. Okay. So you were supposed to have
7 one person on the handheld?
8 A. Yes.
9 Q. Okay. And that was for each lane?
10 A. Yes.
11 Q. So --
12 A. Yeah.
13 Q. So -- I'm sorry. Finish your
14 answer, I'm sorry.
15 A. Each lane -- yeah, we only had one
16 lane open. Is that we're talking about, yeah.
17 Q. No, I -- my question is, if you had
18 two lanes open, you needed eight people?
19 A. The same, yes.
20 Q. Not seven, you needed eight?
21 A. The same -- the same on both, yeah.
22 Q. And the CSS didn't act -- now,
23 we're talking about just this time period,
24 September 11th, 2001, and right around that time
25 period. The CSS didn't perform any of the
0058
2 screening functions, didn't operate the mag,
3 didn't operate the hand wand, didn't perform bag
4 checks and didn't use the x-ray machine. Is
5 that correct?
7 A. No. No.
8 Q. And -- and I asked correct and you
9 said no, so I want to make sure we're clear.
10 Can -- on September 11th, 2001 and
11 the time period immediately preceding
12 September 11th, at Portland Jetport, could a CSS
13 operate any of the equipment?
14 MR. CAMPBELL: Object to the form.
15 MS. RUINA: Objection.
16 A. I'm not really sure.
17 Q. I don't mean physically could, I
18 mean were they supposed to?
20 MR. CONNORS: Object to the form.
21 Q. Was that a screener's job?
22 A. That was a screener's job as far as
23 I know.
24 Q. So you needed four screeners plus a
25 CSS?
0059
2 A. Yes.
3 Q. And if both lanes were open, you
4 needed eight screeners --
5 A. Yes.
6 Q. -- plus a CSS?
7 Did you have any x-ray loaders?
8 A. I'm sorry?
9 Q. X-ray loaders, do you know what
10 that is?
11 A. Yes. On the -- on the end, the
12 entry lane, yes. The one in the middle usually
13 did that, the bag -- one that did the bags did
14 that, checked bags for the x-ray machine and
15 anything else, continuous bag sets. They all --
16 they did that in the middle.
17 Q. So one person, whoever the bag
18 loader was --
19 A. Yeah.
20 Q. -- would be -- and we're in the
21 September 11 time period -- would operate --
22 would both do check -- checking the bags and
23 loading bags --
24 A. Yes.
25 Q. -- on to the x-ray?
0060
2 A. Yes.
3 MR. KELLY: Object to the form.
4 Q. And that was a regular practice?
5 A. Yes, it was. We had more --
7 Q. I'm sorry, Mr. Campbell was
8 speaking over you.
9 MR. CAMPBELL: No, I wasn't. I was
10 objecting to the form.
11 A. Unless we had more screeners, then
12 there would be another one up on the end of the
13 x-ray machine.
14 Q. But if you didn't?
15 A. Yeah.
16 Q. Did you have exit lane monitors?
17 A. Yes. Well, most of the time we
18 did. We had one-way doors there.
19 Q. So what -- what determined whether
20 there was an exit lane monitor or not?
21 A. If we had a lot of staff.
22 Q. But there were times when exit --
23 the exit lanes weren't monitored?
24 A. Yes.
25 Q. And this is on and immediately
0061
2 prior to September 11?
3 A. Yeah. Actually, the person that
4 was the CSS was watching the door as much as she
5 could because it was a big window there and she
6 could watch that.
7 Q. So was it a -- a pattern and
8 practice at Globe on and immediately prior to
9 September 11, 2001 for the checkpoint supervisor
10 to also be monitoring the exit lane door through
11 that window?
13 A. No, no. She -- she did most of the
14 time if she could.
15 Q. Okay. I'm going to show you what's
16 been previously marked as Exhibit 246A. I think
17 I showed that to you already. And I'm not going
18 to ask you any questions about that particular
19 exhibit. I'd like to show you another group of
20 photos which are, I will represent to you,
21 pulled from the same website, but my exhibit is
22 a little bit different. This is a compilation
23 of documents -- here's your copy, ma'am -- and I
24 will just for the record state what -- what
25 these are.
0062
2 This is pulled from the District
3 Court of Virginia's website that was established
4 in connection with the United States versus
5 Zacarias Moussaoui -- Moussaoui criminal case.
6 The website indicates that it lists all of the
7 Moussaoui exhibits on the prosecution and
8 defense side. These are printouts from that web
9 page. The first, second, third and fourth pages
10 are actual printouts of the website as it
11 appears on the website. And then the fifth,
12 sixth, seventh and eighth pages are images that
13 are retrieved when you click on the high
14 resolution version link at the bottom of each of
15 the images on the first four pages.
16 MR. KELLY: Just for the record, do
17 we have an exhibit number because this one
18 doesn't have a sticker on it?
19 MR. PEPE: Yeah, I'm going to mark
20 this back behind 246, so we're going to mark it
21 246E, and 246E will be all eight pages.
22 (Deposition Exhibit 246E marked for
23 identification, Group of photocopies of color
24 photographs.)
25 Q. And I'm going to write on the lower
0063
2 right-hand corner, just for simplicity's sake,
3 I'm going to handwrite 1 on the first page, 2 on
4 the second page, 3 on the third page, 4 on the
5 fourth page, and so on, through to the eighth
6 page.
7 MR. PEPE: And let the record
8 reflect that that's my handwriting.
9 Q. If you could please turn to Page 5.
10 There's an individual under the "S" where it
11 says screening. Do you know who that individual
12 is?
13 A. Collie Rogers.
14 Q. Please just take this pen and mark
15 with an arrow and an A Mr. Rogers' location. To
16 the right of Mr. --
17 MR. KELLY: You want her to put an
18 A next to the arrow, did you say A?
19 MR. PEPE: Yeah, A.
20 A. Okay.
21 Q. That's Mr. Rogers.
22 To the right of Mr. Rogers, do
23 you -- I'm sorry. To the right of Mr. Rogers,
24 do you recognize that individual?
25 MS. MONAGHAN: Person under the
0064
2 letter "N"?
3 MR. PEPE: Yes, person under the
4 letter "N."
5 A. I do only from the news media.
6 Q. And what from the news media do you
7 understand that individual to be?
9 Q. Who from the news media?
10 A. Al Omari.
11 Q. So let's put a B there and an
12 arrow. And that's Mr. Al Omari, correct?
13 A. Yeah, it looks like it.
14 Q. And the person to his immediate
15 right, do you know who that is?
16 A. Yeah, Mohamed Atta.
17 Q. So let's mark with an arrow and
18 make that a C. And that's Mohamed Atta,
19 correct?
20 A. Um-hum.
21 Q. And the person behind and to the
22 right of Mr. Atta, do you know who that is?
23 A. No.
24 Q. Let's mark that person with a D and
25 an arrow.
0065
2 On the bottom right-hand side of
3 the picture appears to be a pair of feet. Do
4 you know who that person is?
5 A. I think that was the other
6 screener, Paul Burrows, because he was working
7 there.
8 Q. All right. So let's put an E, Paul
9 Burrows.
10 Is there anyone else that you see
11 on this image?
12 A. No.
13 Q. You see the time stamp in the
14 middle of the document?
15 A. Um-hum.
16 Q. It says 5:45:08?
17 A. Yes.
18 Q. Do you see another time stamp at
19 the bottom of the document, 5:53:37?
20 A. Um-hum.
21 Q. Okay. At or around 5:45 -- between
22 5:45 and 5:53, do you know who was operating the
23 x-ray machine in this lane?
24 A. Michael Johns.
25 Q. So let's mark him with an F and put
0066
2 an arrow to where Mr. Johns would be as you know
3 it.
4 At or around this time period, was
5 there another lane open --
6 A. No.
7 Q. -- or was this the only one?
8 A. The only one.
9 Q. Where is the CSS?
10 A. She's sitting over here.
11 Q. Okay. So let's mark that with a G
12 where you think the CS --
13 MR. CAMPBELL: Mark where, over
14 here? What is that --
15 MR. PEPE: We all have visual
16 perception abilities.
17 Q. So where you -- using the
18 perception in this image where the CSS would be.
19 A. Yes.
20 MR. CAMPBELL: I object to that.
21 She's -- she's indicated someplace off the
22 image, so wherever she depicts -- what is it
23 now, G -- is going to be meaningless for this
24 exhibit.
25 Q. Okay. So let's just mark where you
0067
2 think it would be.
3 A. Because the table was right here.
4 That's what I was --
5 Q. Okay.
6 MR. KELLY: For the record, you
7 marked on the lower kind of right-hand side of
8 the page right along the edge just because who's
9 ever transcribing this can't see what you've
10 just done. So is that correct, you put the G
11 about a third of the way up along the right-hand
12 edge?
13 THE WITNESS: Um-hum.
14 MR. PEPE: That's actually why I'm
15 putting the letters.
16 THE WITNESS: Is that right? Yeah,
17 because there was a table right there where she
18 sat.
19 Q. Okay. Where is the ETD machine?
20 A. Well, right in this area here.
21 Q. There was an ETD on September 11th,
22 2001?
23 A. I believe there was. I can't
24 really recall, but I believe there was.
25 Q. If you're not sure, we're not going
0068
2 to mark it.
3 A. Okay, okay.
4 Q. So I just -- because I want you to
5 be sure.
6 A. No, I'm not really sure.
7 Q. Where is the bag check area?
8 A. Right in the middle here, right --
9 right in that area there.
10 Q. Okay. So let's mark that, the bag
11 check area, with a -- what are we on, H -- with
12 an H.
13 Where is the exit lane?
14 A. It's -- it's different from this --
15 you have to go out around and right in back of
16 where Pauline would have been sitting, the
17 supervisor would have been sitting.
18 Q. Okay. Is -- is the window that
19 Pauline would be looking through to monitor the
20 exit lane visible from this image?
21 A. Yes.
22 Q. Where is that window?
23 A. The window would be right in back
24 of the table.
25 Q. Okay. But you can't see it on this
0069
2 section?
3 A. No, no.
4 Q. Okay. Where were you?
5 A. I was in the middle here, in
6 baggage.
7 Q. At this time?
8 A. Yes.
9 Q. Why don't you mark where you
10 were -- no, you can't. My apologies.
11 Were you to the left of the image?
12 A. I -- right in the middle there
13 somewhere. I don't know --
14 Q. Okay.
15 A. -- exactly at that time.
16 Q. Behind the x-ray monitor?
17 A. Yes.
18 Q. Was there anyone else there at this
19 time?
20 MR. KELLY: Where? Objection to
21 the question.
22 MR. PEPE: At the checkpoint.
23 A. You mean workers or what?
24 Q. Yeah.
25 A. No. Just us, just five.
0070
2 Q. And you were loading bags?
3 A. Yes.
4 Q. And you were checking bags?
5 A. Um-hum.
6 Q. Do you remember those two people?
7 MR. KELLY: Which two people?
8 MR. PEPE: Let's get the numbers --
9 the letters, sorry.
10 Q. B and C, Al Omari and Atta.
11 MR. CAMPBELL: Her only source of
12 information about that was from the news media.
13 MR. PEPE: Dick, you can object to
14 form, but please don't testify.
15 MR. CAMPBELL: Objection.
16 MR. PEPE: Thank you.
17 MR. KELLY: Can you read back the
18 question for me, please.
19 (Record read.)
21 You can answer.
22 A. Yes.
23 Q. Do you remember them passing
24 through the checkpoint that morning?
25 A. Yes.
0071
2 Q. What do you remember about it?
3 A. The only thing I remember is the
4 beautiful bright blue shirt. That's the only
5 thing I remember.
6 Q. And that was Atta's shirt?
7 A. Yes.
8 Q. Do you remember anything else about
9 him?
10 A. No.
11 Q. Did you see his face?
12 A. Yes.
13 Q. What about his face, if anything,
14 stood out?
15 A. Well, I said good morning, like I
16 usually do, and he just looked at me with a
17 scowl and I just thought he was having a bad
18 day. That -- yeah.
19 Q. Did he look angry?
20 A. I don't really know. He looked
21 like he had a bad day or something, was having a
22 bad day.
23 Q. Did you speak with him?
24 A. No, just that, I just said good
25 morning. And then I spoke to the other one. I
0072
2 said good morning, and he smiled and said good
3 morning.
4 Q. In English?
5 A. Yes.
6 Q. Do you remember what they had in
7 their hands?
8 A. No. Just a bag, luggage, you know,
9 like a -- I member Mohamed Atta had an attache
10 case over his shoulder, a black one.
11 Q. Do you remember approximately their
12 location when -- when you -- let's -- let's deal
13 with just Mohamed Atta.
14 When you noticed his shirt, when
15 did you first noticed his shirt, where was he?
16 A. Before he even came into the
17 checkpoint.
18 Q. Okay. And did you see him pass
19 through the magnetometer?
20 A. Yes.
21 Q. Did he have anything in his hands?
22 A. No.
23 Q. Are you certain or --
24 A. Yeah -- no. He took whatever he
25 had out and put it in the divest container.
0073
2 Q. What did he have -- let's -- let's
3 back up.
4 When you saw him approach the
5 magnetometer -- this is Mohamed Atta --
6 A. Yes.
7 Q. -- did you notice that he had any
8 bags or any carry-on -- any items whatsoever
9 with him before he got to the magnetometer?
10 A. He put something on the x-ray
11 machine, yes, but --
12 Q. And it was -- I'm sorry?
13 A. Yeah, it was like luggage, like a
14 luggage, I think.
15 Q. So --
16 A. I think that's what it was.
17 Q. -- was it a shoulder bag?
18 A. Yes.
19 Q. And he -- he placed the shoulder
20 bag on the x-ray machine?
21 A. Um-hum.
22 Q. Did he -- did he place it on the
23 x-ray machine?
24 A. Yes.
25 Q. Did he have anything else -- you
0074
2 mentioned a divest container. What went in the
3 divest container?
4 A. I don't know because I wasn't on
5 that side. I didn't see it.
6 Q. But you saw him put something in?
7 A. I -- I think he did take something
8 out because I think I remember Collie giving it
9 back to him.
10 Q. So Collie is the person -- that's
11 person A on this picture?
12 A. Yes.
13 Q. Handed Mohamed Atta something?
14 A. Yeah. I -- I can't be sure, but I
15 think he did put something in there.
16 Q. Okay. So, as best as you can
17 remember --
18 A. Yeah.
19 Q. -- Collie, person A --
20 A. I think so --
21 Q. -- on this image --
22 MR. KELLY: Let him finish his
23 question.
24 Q. As best you can remember, Collie,
25 person A in this picture, handed something out
0075
2 of the divest container to Mohamed Atta in front
3 of you on September 11th?
6 A. I believe so.
7 Q. And I may have asked this. I just
8 want to make sure the record is clear.
9 Did you see Mohamed Atta have
10 anything in his hands as he passed through the
11 magnetometer?
12 A. No.
13 Q. Did Atta go through the
14 magnetometer before or after Al Omari?
15 A. Before.
16 Q. Did Atta put his bag on the x-ray
17 machine before or after Al Omari?
18 A. Before.
19 Q. Did Al Omari put a bag on the x-ray
20 machine?
21 A. Yes.
22 Q. Did he put one or two?
23 A. I'm not sure. I think it was a bag
24 with wheels on it.
25 Q. Al Omari had a bag with wheels?
0076
2 A. I believe it was wheels, yeah.
3 Q. Did he have -- do you remember if
4 he had one or two bags?
5 A. I'm not sure.
6 Q. Okay. Let's turn to image 4 in
7 246E. You'll notice in that image -- is -- is
8 the person with the yellow shirt Al Omari?
9 A. Yes.
10 Q. Al Omari has something in his
11 hands, correct?
12 A. I don't know. Looks like it here.
13 Q. Do you remember that object?
14 A. No.
15 Q. The bag on Al Omari's shoulder, is
16 that the bag you were referring to?
17 A. Yes. I thought it was one with
18 wheels, but I guess it wasn't.
19 Q. Okay. Let's go to image 3. Do you
20 see Atta there with the blue shirt?
21 A. Um-hum.
22 Q. He's got something in his hand?
23 A. I don't know. I can't see it.
24 Q. He's got a bag on his shoulder?
25 A. Yeah.
0077
2 Q. Is that the bag you were referring
3 to?
4 A. Yes.
5 Q. That he placed on the x-ray
6 machine?
7 A. Yes.
8 Q. Let's turn to image 5 again. You
9 see person D?
10 A. Yes.
11 Q. Does person D appear to have
12 something in his hands?
13 A. Looks like maybe a cup of coffee.
14 Q. If you go to 6, it may help you
15 have a better sense of what he had in his hands.
16 Does it look like two cups of coffee and a
17 bottle of water?
20 Q. To you?
21 A. Yes, it does look like two cups of
22 coffee --
24 A. -- and bottle of water.
25 Q. On September 11, 2001, were
0078
2 passengers allowed to bring cups of coffee or
3 bottles of water through the magnetometer?
4 A. Yes.
5 Q. Are you sure?
6 A. 2001?
7 Q. On September 11th.
8 A. Yes, as far as I can recall, yes.
9 Q. And you were trained that that was
10 the rule?
11 A. Well, sometimes they would pass it
12 around, but then they would come through and if
13 there was anything in it, it would ring, is what
14 we were told.
15 Q. Okay. That's what you were told?
16 A. Yeah.
17 Q. That they didn't have to pass it
18 around, they could go through the magnetometer?
19 A. Well, sometimes they passed it
20 around --
22 A. Sometimes they passed it around.
23 Q. I'm just asking what you were told.
24 A. That they could come through with
25 it.
0079
2 Q. So you were instructed prior to
3 September 11th that individuals could pass
4 through a magnetometer with item in their hands
5 such as cups of coffee and bottled water?
8 MR. CONNORS: Objection to the
9 form.
11 Q. Yes or no?
12 A. Yes.
13 Q. Okay. So we were back to Atta
14 loading his bag and then Al Omari loading his
15 bag and you testified about what you remember
16 about Atta passing through the magnetometer.
17 What can you tell me about Al Omari passing
18 through the magnetometer?
19 A. What do you mean, what can I tell
20 you?
21 Q. Anything you remember, anything at
22 all.
23 A. I don't remember anything, just,
24 you know, seeing him, that's all, and saying
25 good morning, that's all.
0080
2 Q. So you saw him go through the
3 magnetometer?
4 A. Yeah.
5 Q. And did it go off?
6 A. No.
7 Q. And did it go off when Atta was
8 there?
9 A. I think it did. I can't recall,
10 but I think it did, yes.
11 Q. Okay. Do you remember Atta going
12 back through?
13 A. Yes.
14 Q. Who told him to go back through?
15 A. The man at the door, after he
16 divested himself, they tell -- you go back
17 through and come through again.
18 Q. Well, let's -- let's -- and I want
19 you to tell me what you remember, not -- you
20 know, I don't want you to guess.
21 A. Yeah.
22 Q. Let's -- who is the man -- you're
23 referring to person A?
24 A. Collie Rogers, yeah.
25 Q. And that's person A?
0081
2 A. Yes.
3 Q. And you remember Collie telling
4 Mohamed Atta --
5 A. To my recollection, I think he did
6 ring and it went back, yes, Collie sent him
7 back.
8 Q. And you said that he divested
9 first?
10 A. Yes.
11 Q. Before he went back?
12 A. No, you go back through and then
13 you divest.
14 Q. Okay. And he took something out.
15 Do you remember what he took it out of?
16 A. No, I didn't see it.
17 Q. Do you see him reach into his
18 pocket?
19 A. No.
20 Q. And then he went through the
21 magnetometer again?
22 A. Yes.
23 Q. And at this point had Al Omari
24 already gone through the magnetometer?
25 A. No. Mohamed Atta went through
0082
2 first.
3 Q. He went through once and then went
4 through again before Al Omari went through?
5 A. Yes, yes.
6 Q. Did Atta set off the magnetometer
7 the second time?
8 A. No.
9 Q. So is it fair to say that the metal
10 was in -- any metal he had on his person that
11 would have triggered the magnetometer was in the
12 items that he put in the --
13 A. Yes.
15 MR. CONNORS: Objection.
16 MS. RUINA: Objection to the form.
17 (Record read.)
18 Q. -- was in the items that he placed
19 in the divest container and the witness answered
20 yes after they objected.
22 Object to the form. How would she know, she
23 didn't see it.
24 MR. KELLY: I object to the form as
25 well. You've already answered.
0083
2 Q. Okay. So after Atta went through
3 the second time, through the magnetometer, then
4 you saw Al Omari go through the magnetometer?
5 A. Um-hum.
6 MR. KELLY: You have to say yes or
7 no.
8 A. Yes, yes, I'm sorry.
9 Q. And then did you see them grab
10 their bags off the x-ray machine?
11 A. Yes, I see them take the bags off.
12 Q. Now, Michael Johns, you said, was
13 on the x-ray?
14 A. Yes.
15 Q. Did you see what was on the x-ray
16 screen?
17 A. No.
18 Q. So only Mr. Johns?
19 A. Yes.
20 Q. Who -- who took their bag first,
21 Atta or Al Omari?
22 A. Atta.
23 Q. And then Al Omari?
24 A. Yes.
25 Q. In between the time that Atta first
0084
2 went through the magnetometer and the time that
3 Al Omari picked up his bag, is there anything
4 that you can remember that you haven't told us?
5 A. No.
6 Q. Do you remember person D going
7 through?
8 A. Person D? No, no.
9 Q. So there's something about Atta and
10 Al Omari that stood out in your mind --
11 A. Yeah, the blue shirt.
12 Q. Is there anything else about Atta
13 that you can recall thinking, other than that
14 you thought he was having a bad day?
15 A. No.
16 Q. And the scowl?
17 A. Pardon?
18 Q. And the scowl?
19 A. Yeah. No, I thought he was having
20 a bad day.
21 Q. Did they then go on their way?
22 A. Yes.
23 Q. Did they speak to each other?
24 A. I don't know. The only thing I
25 know is Al Omari was picking up his luggage over
0085
2 here, and Mohamed Atta was way out here in the
3 sterile area. And when I said good morning to
4 him, Mohamed Atta turned around. I didn't even
5 know they were together.
6 Q. When you said good morning to Al
7 Omari --
8 A. Um-hum.
9 Q. And let's -- let's just turn to an
10 image. Let's go to image 7 and image 8. Was it
11 around the time of image 7 that you said hello
12 to Al Omari or image 8?
13 A. 8.
14 Q. Okay. Was it after image 8?
15 A. What was after image 8?
16 Q. When you said hello to Al Omari.
17 Was it some point after image 8 or was it right
18 around the time of image 8?
19 A. Yeah, it was around the time image
20 8.
21 Q. And you said hello to Al Omari?
22 A. Yes.
23 Q. And what did he do?
24 A. He said good morning.
25 Q. And -- and then you said Atta
0086
2 turned around?
3 A. Yeah. But Atta was ahead of him
4 out in the sterile area.
5 Q. Okay.
6 A. And then he turned around. I
7 didn't even know they were together.
8 Q. But you knew at that point?
9 A. Well, I didn't know. He said
10 something. And I don't know if --
11 Q. They spoke to each other?
12 A. Yeah, when he turned around.
13 Q. Did Atta say something to Al Omari
14 first?
15 A. He -- he turned around and said
16 something. I know -- you know, I don't know
17 what he said, naturally.
18 Q. Was it in Arabic?
19 A. I think probably. I didn't hear
20 what they said.
21 Q. Was it in English?
22 A. I don't know because I was in the
23 middle.
24 Q. What was the look on his face as he
25 said it?
0087
2 A. Just normal look.
3 Q. Did he continue with the scowl?
4 A. No.
6 A. No, no.
7 Q. Did Al Omari say anything back?
8 A. I don't know.
9 Q. And that's it, you don't -- they
10 passed into the sterile area?
11 A. Yes.
12 Q. And you don't remember anything
13 else?
14 A. No.
15 MR. KELLY: When you find a
16 convenient breaking point.
17 MR. PEPE: Sure, we can -- we can
18 take a break now.
20 record. The time is 3:01.
21 (Recess taken.)
23 the record. The time is 3:11.
24 BY MR. PEPE:
25 Q. I have a few more questions about
0088
2 these pictures and then we'll move on.
3 From the moment Atta put his bag on
4 the x-ray belt to the time he took his bag off
5 the x-ray belt -- strike that.
6 From the moment he put his bag on
7 the x-ray belt till the moment it cleared
8 through the other side of the x-ray machine, as
9 you remember it, approximately how long was
10 that?
11 A. I don't really recall, maybe five
12 minutes, maybe four minutes. I don't know.
13 Q. Four minutes for the bag to get
14 through the x-ray machine?
15 A. Um-hum, yeah.
16 Q. How about Al Omari's bag?
17 A. Probably about the same.
18 Q. Were there any weapons confiscated
19 from anyone on September 11 --
20 A. No.
21 Q. I'm sorry, you have to let me
22 finish because the court reporter --
23 A. Oh, I'm sorry. I think you're
24 through --
25 Q. I know.
0089
2 A. -- and that's why I jump in.
3 MR. CAMPBELL: Speak faster.
4 Q. On the morning of September 11,
5 2001, at the Globe checkpoint, were there any
6 weapons confiscated?
7 A. No.
8 Q. That was the checkpoint that
9 serviced all U.S. Air flights --
10 A. Yes.
11 Q. I need to finish.
12 All -- was that the checkpoint that
13 serviced all U.S. Air flights on September 11,
14 2001 out of Portland Airport?
15 A. Yes.
16 Q. Was it the checkpoint that serviced
17 all flights?
18 A. Yes.
19 Q. What kind of airport was Portland?
20 Do you know what category it was?
21 A. I think it was a 1 or a 2, I'm not
22 really sure.
23 Q. Do you know what that means? And
24 by "was," I mean on September 11. So, please,
25 let me just re-ask the question.
0090
2 On September 11, 2001, what
3 category was Portland?
4 A. I'm not sure.
5 Q. But you said you think it was a
6 1 or --
7 A. I think it was a 1 or 2. And to
8 me, that means a small airport. I don't know
9 what else it means.
10 Q. From the time these -- these
11 pictures are over till you first heard that a
12 plane struck the -- one plane struck one of the
13 towers, did you speak to anybody about anything
14 that happened that morning?
15 A. No.
16 Q. Do you speak to anybody about
17 Atta's blue shirt?
18 A. Yes.
19 Q. Who?
20 A. Pauline.
21 Q. So you spoke to your CSS?
22 A. Yes.
23 Q. And what did you say to Pauline?
24 A. I just said, "Look at this
25 beautiful blue shirt coming in." It just stood
0091
2 right out.
3 Q. So Pauline, you indicated, was --
4 strike that.
5 At the time you said that to
6 Pauline, were you facing the magnetometer?
7 A. No.
8 Q. Were you facing Pauline?
9 A. I just turned around and said,
10 "Look at the beautiful blue shirt."
11 Q. You turned to your right?
12 A. Yes.
13 Q. As he was coming in the
14 magnetometer?
15 A. No. They were already through.
16 Q. I see. After they had passed --
17 A. Yeah.
18 Q. -- Pauline by --
19 A. Yeah.
20 Q. -- you looked at Pauline and said,
21 "Look at that beautiful blue" --
22 A. Yeah.
23 Q. Was this before or after you spoke
24 to Al Omari?
25 A. Yeah, after I spoke to Al Omari.
0092
2 Q. So you spoke to Al Omari, Atta
3 turned to Al Omari --
4 A. Yeah.
5 Q. -- they had some sort of -- I'm
6 sorry, let me just finish.
7 They had some sort of conversation
8 and -- and then you turned to Pauline and say,
9 "Look at that beautiful blue shirt"?
10 A. Yes.
11 Q. Did she say anything in response?
12 A. No. She just said, "Yes, I know."
13 Q. Anyone else, did you speak to
14 anyone else?
15 A. No, no.
16 Q. After you heard that one or two
17 planes -- there's a brief time period in between
18 the first plane striking and the second plane
19 striking, so I'm going to ask you about one, but
20 if there's anything that you want to tell me,
21 you know, that happened in between one plane
22 hitting and two planes hitting, if it becomes
23 relevant, you tell me, okay?
24 A. Um-hum.
25 Q. After you heard the first plane
0093
2 struck the Trade Center, did you have any
3 conversations with anyone right around that time
4 about the events of that morning?
5 A. No.
6 Q. Have you had any conversations
7 since about the events of that morning?
8 MR. KELLY: Other than with
9 counsel?
10 MR. PEPE: Other than with counsel.
11 Q. And I've already asked this, but
12 now I think you have a bit of a better
13 recollection, so I want to ask again.
14 A. No. Just, you know, like family or
15 something like that.
16 Q. Did you ever speak to Michael Johns
17 about Atta or Al Omari?
18 A. No.
19 Q. Did you ever speak to Pauline again
20 about Atta or Al Omari?
21 A. I don't recall. I think I did.
22 Q. Okay. When was that?
23 A. Oh, I don't know. Probably couple
24 days afterwards, something like that.
25 Q. Was it before or after your FBI
0094
2 interview?
3 A. Before.
4 Q. And where were you when you had
5 that conversation?
6 A. Just -- I was just on my way out
7 for break. She was at the checkpoint there at
8 her desk.
9 Q. And was this after you -- strike
10 that.
11 What was the substance of the
12 conversation that you can remember?
13 A. Nothing. I think, if I remember
14 right, I just -- she just -- what the heck did
15 she say? I can't think of what she did say.
16 Q. Well --
17 A. Oh, she -- she asked me if we ever
18 see them before, and I said no.
19 Q. And who is the "them" that she was
20 referring to?
21 A. The two terrorists.
22 Q. She asked you that a few days after
23 September 11?
24 A. Yeah, yes.
25 Q. Did she show you a picture?
0095
2 A. Yeah. No, no, because she knew
3 that I had seen them and she had seen them.
4 Q. She knew a few days after
5 September 11 that both of you had seen them?
6 A. Yeah.
7 Q. Did she say anything else?
8 A. No.
9 Q. Did she say it was the guy with the
10 blue shirt?
11 A. I don't understand your question.
12 Q. Did -- did she reference his blue
13 shirt in that conversation?
14 A. Yes, yeah.
15 Q. What did she say about his blue
16 shirt?
17 A. She just -- we were talking and she
18 said did you ever see him before and I asked her
19 if she ever did and she said no, but we were
20 referring to the man with the blue shirt.
21 Q. So let's just -- so that the record
22 is clear.
23 Pauline asked you, "Did you ever
24 see this man"?
25 A. Yeah.
0096
2 Q. Who was the "this man" she was
3 referring to?
4 A. The two terrorists.
5 Q. But she didn't show you a picture?
6 A. No. But the two that went through.
7 We saw it that night on the news, who it was.
8 Q. I see. So you saw it the night
9 before --
10 A. Yeah.
11 Q. -- on the news?
12 A. No, the night -- September 11th, we
13 saw it that night on the news.
14 Q. And then a few days after, you had
15 this conversation?
16 A. Yeah.
17 Q. And Pauline asked if you ever saw
18 this person?
19 A. Yeah, yeah.
20 Q. And what was your answer?
21 A. No.
22 Q. But you had seen it?
23 A. Well, she means before.
24 Q. Oh, before September 11.
25 A. Yeah, I'm sorry, I'm confused.
0097
2 Q. Let's just make that clear. Why
3 don't you tell me what you mean?
4 A. Be -- she said have you ever seen
5 them before September 11th, I said no. I said
6 have you, and she said no.
7 Q. I see.
8 And did she tell you why she was
9 asking that question? Did she have an interview
10 with the FBI?
11 A. No. No. When she found out they
12 went through the Jetport, that's -- that's what
13 we were discussing afterwards.
14 Q. But she was asking you, did you
15 ever see them before September 11?
16 A. Yeah, yeah.
17 Q. Scoping out the Jetport?
18 A. Yeah, yeah.
20 Q. Did you have any -- have -- have
21 you heard before or since that these two
22 individuals were scoping out the jetport?
23 A. No.
25 A. No.
0098
2 Q. Did Pauline say that?
3 A. No.
5 Q. Is there anything else about the
6 time from when you got to work until Atta and Al
7 Omari passed through the checkpoint that you can
8 remember that you didn't tell us today?
9 A. No.
11 Q. What is a continuous bag search?
12 And I'm referring specifically to the rule in
13 place on September 11.
14 A. Checking every bag.
15 Q. Every single bag?
17 Move to strike.
18 MR. PEPE: On what grounds?
19 MR. CAMPBELL: Form was the ground
20 that I cited.
21 MR. PEPE: And what's wrong with
22 the form?
23 MR. CAMPBELL: Form. My job is to
24 object. My job is not to educate or elucidate
25 on your behalf.
0099
2 MR. PEPE: Well, the purpose of a
3 form objection under the rule is so that I can
4 clarify the question, which is why I'm asking.
5 MR. CAMPBELL: I've made the -- and
6 I've made the objection, and you are free to do
7 whatever you choose to do under the
8 circumstances. My obligation is satisfied.
9 Q. Is there a difference between --
10 strike that.
11 On September 11, 2001, at Portland,
12 was there a difference between a continuous
13 search and a random search?
14 A. Yes. If I recall, before
15 September 11th, we did every third bag.
16 Q. And that would be a random search?
17 A. Yes.
18 Q. And is that written somewhere?
19 A. I believe it's in the COG. I'm not
20 sure.
21 Q. Is there anywhere else you can
22 think of that you saw this requirement?
23 A. No.
24 Q. It was just the common practice,
25 check every third bag?
0100
2 A. Yes.
4 Q. And a random search -- I'm sorry,
5 strike that.
6 A continuous search, you said every
7 bag, and I want to make sure that the record is
8 clear. Every single bag and every third bag are
9 inconsistent with each other, so --
10 A. If I remember right, when we got
11 the ETD machine, we did continuously bag search.
12 Q. How about before?
13 A. Random.
14 Q. So before you got the ETD machine,
15 it was only random?
16 A. Um-hum.
17 Q. And after you got the ETD
18 machine --
19 A. Yeah, if I remember right, that's
20 the way it was.
21 Q. Well, let me -- let me ask the
22 question again. After the ETD machine --
23 A. Um-hum.
24 Q. -- it was continuous searches?
25 A. Yes.
0101
2 Q. Every bag went through the ETD
3 machine?
4 A. Yes.
5 Q. Or was tested --
6 A. Well, yeah, bags like computers and
7 things like that.
8 Q. And I know you testified to this
9 before, but I want to ask: Was there an ETD
10 machine in place at the checkpoint on
11 September 11?
12 A. I don't recall when that came in.
13 Q. If a person put two bags on the --
14 on the x-ray machine --
15 A. Um-hum.
16 Q. -- and then another person put
17 the -- put a bag on the x-ray machine, would
18 that be three bags?
19 A. That would be three bags, yes.
21 Q. So it wasn't number of people, it
22 was number of bags?
23 A. Yes.
24 Q. Is the every third bag requirement,
25 as -- as you -- in place on September 11, 2001,
0102
2 was that in addition to any requirement that if
3 an x-ray operator calls for a bag search, the
4 bag search must be performed?
5 A. Yes.
6 MR. KELLY: Objection, objection to
7 form. Let me object and then answer his
8 question. If you see me put my hand up, okay?
9 THE WITNESS: Okay.
10 MR. KELLY: Just because we're
11 talking over each other.
13 Q. I just want to make sure I'm clear.
14 If -- on September 11, 2001, the
15 rule in place on that day, if the x-ray operator
16 calls for a bag check with the first bag that
17 goes through, would you have to continuously --
18 strike that -- would you have to randomly search
19 the third bag after that or the fourth bag after
20 that --
22 Q. -- or the second bag after that?
24 A. I don't know. I'm confused.
25 Q. So am I. Let's do this again.
0103
2 If a bag goes through the x-ray
3 machine --
4 A. Um-hum.
5 Q. -- and the x-ray operator calls for
6 a bag check, that's one bag?
7 A. Yes.
8 Q. And it's been checked?
9 A. Yes.
10 Q. How many more bags have to go
11 through before you check it again?
12 A. The next third -- the next third
13 bag.
14 Q. Okay. So the bag that the x-ray
15 operator calls for a check --
16 A. Yeah, yeah.
17 Q. -- doesn't count --
18 A. That's different, yeah.
19 Q. -- as part of the three?
20 MR. PEPE: Okay. I'm going to mark
21 your -- I'm going to mark a document bearing
22 Bates range -- Bates range GLB-A-8245 through
23 8379, and we'll mark that as Exhibit 247.
24 MR. CONNORS: Is this the personnel
25 file?
0104
2 MR. PEPE: I believe it's the
3 personnel file.
4 (Deposition Exhibit 247 marked for
5 identification, Personnel File of Barbara
6 Foster, Bates stamp GLB-A-8245 through 8379.)
7 MR. PEPE: We'll mark as 248 a
8 document bearing Bates range GLB-A-8380 through
9 8497.
11 identification, Training Manual for Barbara
12 Foster, Bates stamp GLB-A-8380 through 8497.)
13 Q. Let's look at 247 first. I believe
14 that that is your personnel file. If you could
15 peruse it and let me know if you recognize it as
16 your personnel file.
17 A. It's my signature.
18 Q. Okay. But the entire document, can
19 you just peruse it and tell me if you think
20 that's your personnel file?
21 A. Am I supposed to look through it
22 all?
23 MR. KELLY: You don't have to read
24 every page.
25 A. I guess so.
0105
2 MR. KELLY: The question is: Do
3 you recognize that as your personnel file?
4 MR. PEPE: You want to stipulate?
5 Okay. Counsel has agreed to
6 stipulate that 247 is Ms. Foster's personnel
7 file and Counsel has --
8 MR. KELLY: 248 is the training
9 file.
10 Q. Prior to joining Globe at Logan
11 Airport in --
12 MR. KELLY: Portland Airport.
13 Q. -- in Portland Airport in August
14 1997, did you have any security experience?
15 A. No.
16 Q. Did you have any military
17 experience?
18 A. No.
19 Q. Now, I did notice that your
20 personnel file on Page -- I'm sorry, I'm going
21 to have to find the page, it will take me a
22 minute. Work history and application, well,
23 when we come across it, I can ask the question.
24 Did you ever have any -- strike
25 that.
0106
2 Can you tell me your job experience
3 before joining Globe?
4 A. I worked at National Semi-Conductor
5 on assembly lines.
6 Q. And, I'm sorry, please turn to
7 Page 8311. You see in the middle of the page,
8 there appears to be some sort of either a stamp
9 or it was in the document, but there -- there's
10 some text that says U.S. military service?
11 A. I don't see it.
12 Q. In the middle of the document.
13 A. Oh, okay.
14 Q. Did you put that there?
15 A. No.
16 MR. KELLY: Can you point out what
17 stamp you're talking about, Counsel?
18 MR. PEPE: It says in the middle,
19 U.S. military service.
20 MR. CONNORS: It's part of the
21 form.
22 MR. PEPE: That's -- that's my
23 question.
24 MR. KELLY: Oh, all right.
25 THE WITNESS: I thought he meant a
0107
2 stamp like this.
3 MR. KELLY: Does she see the
4 section that says U.S. military service?
5 MR. PEPE: Yes, that's all.
6 MR. KELLY: All right.
7 MR. PEPE: For right now.
8 MR. KELLY: You see that, right?
9 THE WITNESS: Yes.
10 MR. CAMPBELL: It's not -- not
11 really a stamp. It's preprinted.
12 Q. Sure. That -- that's not an
13 indication that you had U.S. military service?
14 A. No.
15 Q. That was on the form as you
16 remember it -- or you just don't know one way or
17 the other?
18 A. I don't know.
19 Q. Okay. So we were talking about
20 your job at National Semi-Conductor.
21 A. Yes.
22 Q. What were your dates of employment
23 there, roughly?
24 A. I work there for 25 years. I got
25 through in '93, I believe.
0108
2 Q. We -- we can turn you to -- point
3 you to 8278. That might help refresh your
4 recollection.
5 A. Okay. I went there in '68, and I
6 got through in '93.
7 Q. Is that your handwriting?
8 A. Yes, I think it is.
9 Q. Okay.
10 A. Because I print a lot. That
11 doesn't look like mine.
12 Q. So what did you do after -- and you
13 can feel free to use this document. I want your
14 current recollection, but you can feel free to
15 use the document to refresh your recollection.
16 What did you do after leaving
17 National Semi-Conductor?
18 A. I went to Andover College and got a
19 medical assistant degree.
20 Q. And prior to going to Andover
21 College, did you graduate high school?
22 A. No.
23 Q. Did you get a GED?
24 A. Yes.
25 Q. When did you get the GED?
0109
2 A. I think it was in '83.
3 Q. And how did you -- how did you go
4 about getting the GED, was it a state test?
5 A. Yes.
6 Q. Did you work when you were at
7 Andover?
8 A. I don't think so.
9 Q. What did you do after you left
10 Andover?
11 A. I went to work where I am working
12 now.
13 Q. At Globe -- or, I'm sorry --
14 A. No, Gorham House.
15 Q. Where is that on this page?
16 A. I only worked there for a short
17 time, so maybe I wasn't working there when I
18 went to Andover.
19 Q. Well, that's okay. We can -- we
20 can just --
21 A. I don't see it there.
22 Q. Andover College, it says was 3/95,
23 so that's when you graduated --
24 A. Um-hum.
25 Q. -- Andover?
0110
2 A. Yeah.
3 Q. And it says 3/95 to 11/95, it says
4 personal reference, so that's not employment?
5 A. No.
6 Q. That's a period of unemployment?
7 A. Um-hum.
8 Q. You said um-hum. Just to get it on
9 the record, the answer is yes?
10 A. I was -- I was just looking at
11 something. Can you say that again, please?
12 Q. From 3/95 to 11/95, were you
13 unemployed?
14 A. Yes.
15 Q. And then it says 11/95 to 11/95, so
16 that's the same month.
17 A. Yes.
18 Q. It says Primary Care Associates?
19 A. Yes, I did an internship for three
20 months there.
21 Q. For three months?
22 A. Yes.
23 Q. So that would be 8/95 to 11/95?
24 A. Yes, I think so.
25 Q. Okay. And then 11/95 to 11/96, you
0111
2 were unemployed?
3 A. I believe so.
4 Q. And then 11/96 to 8/97, unemployed?
5 A. 11/96 to 8/97, yes, probably.
6 Q. And then 11/96 to 3/97, you were at
7 the Lighthouse School and Daycare?
8 A. Yes.
9 Q. And that was -- that's about five
10 months?
11 A. No, I think I worked there for a
12 year and a half.
13 Q. Well, if you just turn to
14 Page 8277.
15 It says in the first entry,
16 Lighthouse School and Daycare, 11/96 to 3/97.
17 Is that correct or incorrect?
18 A. I'm not sure. I don't remember.
19 MR. CAMPBELL: She can also look at
20 8288, 8288.
21 MR. PEPE: I'm sorry?
22 MR. CAMPBELL: She can also look at
23 Page 8288, which appears to be an --
24 MR. PEPE: 8288.
25 A. Yes.
0112
2 Q. I'm sorry. So that's correct?
3 A. Yes.
4 Q. So from 3 -- 11/96 -- approximately
5 five-month period from 11/96 to 3/97, you were
6 at the Lighthouse School and Daycare?
7 A. Yes.
8 Q. And what was your job there?
9 A. I was a teacher for the children,
10 daycare.
11 Q. And then what did you do after
12 3/97 -- between 3/97 and August 1997?
13 A. I'm not sure.
14 Q. Were you unemployed?
15 A. I think probably I was.
16 Q. Is that -- if you could just stay
17 on Page 8277.
18 A. Yes, that -- that's right, Gorham
19 House.
20 Q. I'm sorry, what is Gorham House?
21 A. Gorham House, it's a comprehensive
22 living center.
23 Q. And you're pointing to a document.
24 I'd like to --
25 MR. KELLY: Pointing to 8288.
0113
2 THE WITNESS: I don't remember all
3 these places.
4 MR. KELLY: At the bottom.
5 Q. Okay. And is this document in your
6 handwriting?
7 A. Yes.
8 Q. And why is there an X through it?
9 A. I don't know. I didn't do that.
10 Q. Does this -- do you know if this
11 was the document that they used to verify your
12 employment?
13 A. I'm not sure.
14 Q. So from 6/21/97 until 8/97, you
15 worked at Gorham House?
16 A. I believe so.
17 Q. Who was your supervisor there?
18 A. I'm trying to think. They changed.
19 Well, Cindy Larochelle now. I don't know who it
20 was then, I don't remember.
21 Q. Do you know if Globe confirmed that
22 with anyone?
23 A. I figured they did because they
24 marked it.
25 Q. Well, they marked it with an X and
0114
2 there's a check mark next to everything else, so
3 I --
4 A. Yeah, I know, I saw that.
5 Q. But if you don't know, that's fine.
6 We'll ask someone else.
7 So from the period when you
8 graduated Andover in 3/95 until you went to
9 Globe, you were employed for a total of
10 approximately how many months?
11 A. I'm not sure.
12 Q. Ten months?
13 A. Yeah.
14 Q. Does that sound about right?
15 A. That sounds reasonable.
16 Q. And you were unemployed for the
17 remainder of that period?
18 A. I believe so.
19 Q. And if you could please turn in
20 that same document, this is document 247, turn
21 to Page Globe GLB-A-8375.
22 Do you recognize this document? It
23 goes for one -- two, three, four -- five pages,
24 through to 8379.
25 A. No, I don't.
0115
2 Q. If you could turn to Page 8379 on
3 the bottom right-hand side, do you see your
4 signature there?
5 A. Yes.
6 Q. Is that your signature?
7 A. Yes, it is.
8 Q. So you signed this document on
9 8/18/97?
10 A. Um-hum.
11 Q. And does this document indicate --
12 strike that.
13 Let's go to the first page, 8375.
14 It says on the top, Position Title,
15 Pre-Departure Screener, says, "Reports to
16 airport manager, CSS," and then it's got a
17 description, and I'm going to read it for the
18 record, "The screening of all persons and
19 property intended to be carried into the sterile
20 area or in the cabin of the aircraft by means of
21 x-ray machines, metal detectors and physical
22 inspections to prevent hijacking or other
23 criminal acts." And then the -- the sentence
24 goes on.
25 But is -- is that -- and you can
0116
2 use the entire paragraph. Is that paragraph an
3 accurate description of the job of pre-departure
4 screener, as you understood it, on and before
6 A. Yes.
7 Q. Let's go to qualifications. And
8 I'm not going to read each one into the record.
9 It's in the document. I'd like you to look at
10 them, though. I'd like you to look at
11 Section A, education and experience. Does that
12 accurately reflect the education and experience
13 that was necessary for the job of pre-departure
14 screener --
16 Q. -- at Globe prior to September 11,
17 2001?
19 You can answer.
20 A. Yes.
21 Q. And let's go to Section B under
22 qualifications, personal and physical
23 requirements. Does that accurately reflect the
24 personal and physical requirements to be a
25 pre-departure screener at Globe prior to
0117
3 MR. KELLY: Hold on. You want her
4 to read the whole section?
5 MR. PEPE: Yes.
6 MR. KELLY: All right. Go ahead.
7 A. Yes.
8 Q. Now let's look at performance
9 responsibilities on Page 8376, and it goes
10 through Page 8379. And I'm sorry to do this,
11 but if you could please read it and tell me if
12 that accurately reflects the performance
13 responsibilities of a pre-departure screener at
14 Globe prior to September 11, 2001.
15 A. Yes.
16 Q. Let's look at the last page, 8379.
17 On the bottom left-hand side, just under the
18 signature block, it's got one star, it says FAA
19 requirement; it's got two stars next to that, it
20 says ATA requirement; it's got three stars next
21 to that, it says airline requirement.
22 And if you look through the list in
23 the document, some of them have one star, some
24 of them have two stars, some of them have three
25 stars.
0118
2 As a pre-departure screener at
3 Globe, on and before September 11, 2001, did you
4 understand that there were FAA requirements?
5 A. Yes.
6 Q. And did you understand that there
7 were ATA requirements?
8 A. Yes.
9 Q. And did you understand that there
10 were airline requirements?
11 A. Yes.
13 Q. And that -- and that sometimes the
14 FAA -- the airline would have requirements that
15 the FAA didn't have?
16 MR. CONNORS: Objection to the
17 form.
19 A. I didn't know that.
20 Q. You didn't know it?
21 A. No.
22 Q. Looking at this document, can you
23 identify for me airline requirements?
24 A. What document, which -- which one?
25 Q. The one we're looking at.
0119
2 MR. KELLY: I'm not sure I
3 understand your question. Can you clarify that
4 or re-ask it?
5 MR. CAMPBELL: He's asking to find
6 the one with three stars.
7 MR. PEPE: That's okay.
8 MR. CAMPBELL: I don't think there
9 is one there. He just put it on the record.
10 MR. PEPE: I'm sorry, what have I
11 put on the record?
12 MR. CAMPBELL: You said that some
13 of these requirements had three stars,
14 referencing the bottom of Page 8379, which shows
15 three asterisks and the words "airline
16 requirement." I don't see three stars. Now,
17 maybe it's me.
18 MR. PEPE: Well, if it's not an FAA
19 requirement and it's not an ATA requirement,
20 whose requirement is it?
21 MR. CAMPBELL: That's an
22 interesting way to read a document. How did you
23 get through law school?
24 MR. KELLY: There's no question.
25 Wait for a question.
0120
2 MR. PEPE: We can move on.
3 Q. On or before 9/11, the Globe
4 checkpoint at Portland was supposed to screen
5 for dangerous items, correct?
6 A. Yes.
7 Q. And that would include items that
8 could pose a threat to passengers?
9 A. Um-hum.
10 MR. KELLY: You have to say yes.
11 A. Yes, sorry.
12 MR. KELLY: Keep your voice up.
14 could pose a threat to the aircraft?
15 A. Yes.
17 could pose a threat to connecting flights?
18 A. Yes.
19 Q. But it wasn't just dangerous items,
20 correct?
21 A. Right.
22 Q. The checkpoint -- point was
23 supposed -- I'm sorry -- the checkpoint was
24 supposed to screen for dangerous people as well?
25 A. Yes.
0121
2 MR. GALLAGHER: Object to form.
3 MS. RUINA: Object to the form.
4 Q. Let's go to Page 8376 on that
5 document. This is Exhibit 247. Performance
6 Responsibilities, bullet one, it says, "Must be
7 familiar with all FAA regulations."
8 Were you trained in the FAA
9 regulations?
10 A. Yes.
11 Q. And were you trained in the other
12 rules governing your -- your job as a checkpoint
13 screener?
14 A. Yes.
16 MS. RUINA: Objection to form.
17 Q. Go to --
18 MR. PEPE: I'm going to mark this
19 as 249.
21 identification, Document 49 USC 44902, the 2000
22 version, Section 44902(b) "Permissive Refusal.")
23 Q. And I'll read for the record, this
24 is a document, it is 49 USCS 44902, the 2000
25 version. I will represent that I believe it to
0122
2 be the version that was in place on September
3 11th, 2001. Section 44902 (b), "Permissive
4 refusal," and I'll read it for the record,
5 "Subject to regulations of the administrator, an
6 air carrier, interstate air carrier or foreign
7 carrier may refuse to transport a passenger or
8 property the carrier decides is or might be
9 inimical to safety."
10 Do you see that?
11 A. No.
12 Q. It's in section B, and I'll just
13 put a little star next to it for you.
14 A. Okay.
15 Q. I'm sorry, I asked for a copy with
16 highlighting. And I read it, so why don't you
17 just read that sentence.
18 A. "Permissive refusal, subject" --
19 MR. KELLY: You don't have to read
20 it out loud.
21 Q. You don't have to read it out loud.
22 MR. KELLY: Read it to yourself.
23 A. Oh, okay.
24 Q. As a checkpoint screener at Globe
25 at Logan -- at Portland on September 11, 2001,
0123
2 did you understand that to be the rule?
3 A. Yes.
4 MR. KELLY: Objection. Move to
5 strike.
6 Q. And I'm going to show you what's
7 been previously marked as Exhibit 174. I'll
8 represent to you that this is the -- I think
9 we've already been through this, but the ACSSP
10 that was produced by U.S. Airways. I'd like you
11 to turn to Page 904.
12 MR. CAMPBELL: That's not a Bates
13 number.
14 MR. PEPE: Yeah, it's U.S. 00904,
15 Page 29A of the ACSSP.
16 MR. KELLY: So what's -- what's the
17 question?
18 Q. I'll just -- are you there?
19 A. Yes.
20 Q. In section J, it reads, "Denied
21 boarding or access into the sterile area."
22 A. Okay.
23 Q. And I'm going to read it for the
24 record, "Any person refusing to undergo the
25 required screening process or found to be in
0124
2 possession of an explosive, incendiary, deadly
3 or dangerous weapon or making threats or
4 otherwise believed to be a security threat to
5 the airplane shall be denied passage beyond the
6 screening point unless subsequently cleared."
7 As a Globe screener at Portland on
8 September 11, 2001, did you understand that to
9 be the rule?
12 MR. GALLAGHER: Object to the form.
13 A. Yes.
14 Q. So you would agree with me,
15 wouldn't you, that the purpose of checkpoint
16 screening was to keep dangerous people armed
17 with weapons out of the sterile area?
20 A. Yes.
21 Q. And off of the airplanes?
22 A. Yes.
24 Q. Okay. We're done with that.
25 What -- what were you trained were
0125
2 the behavioral characteristics of a passenger
3 trying to conceal a dangerous weapon in --
4 MS. KACHONICK: Object to the form.
6 MR. PEPE: Well, I haven't finished
7 the question.
8 Q. What were you taught, prior to
9 September 11, 2001, were the behavioral
10 characteristics of a passenger trying to conceal
11 a dangerous weapon on their person?
12 MS. NORMAND: Pause.
13 (Discussion held off the record.)
14 MS. NORMAND: TSA's objection would
15 depend on the answer, so we could get a proffer
16 or else we -- other than that, we would instruct
17 the witness not to answer the question.
18 MR. PEPE: Can we get the proffer
19 at some future point if we need it?
20 MR. CONNORS: If you want to
21 withdraw the question until that time.
22 MR. PEPE: It's not withdrawn, but
23 I don't -- I'm not requiring an answer.
24 MR. KELLY: We can get you the
25 proffer.
0126
2 MS. NORMAND: We have a court
3 reporter here.
4 MR. KELLY: That's fine, we can do
5 it afterwards.
6 MR. PEPE: Yeah.
7 Q. Were you trained, prior to
8 September 11, 2001, regarding the behavioral
10 a dangerous weapon on their person?
11 MR. KELLY: That's a yes or a no.
12 Q. Just yes or no.
13 A. Yes.
14 Q. Who gave you that training?
15 MR. KELLY: Are you looking for the
16 name of a person?
17 MR. PEPE: Yes.
18 A. Tony Genovese.
19 Q. When did Tony Genovese give you
20 that training?
21 A. When I started there and every
22 year.
23 Q. Your initial training?
24 A. Yes.
25 Q. And your recurrent training?
0127
2 A. Um-hum.
3 MR. PEPE: Can I ask what she was
4 told to look for?
5 MS. NORMAND: I think we'd rather
6 do it off the record or on the record
7 separately.
8 MR. CAMPBELL: So you can ask, but
9 you ain't getting an answer.
10 MR. PEPE: Right.
11 And I'm going to ask the same
12 question with respect to carry-on baggage.
13 Q. On and before September 11, 2001,
14 were you trained concerning the behavioral
16 a dangerous weapon in their carry-on baggage?
17 MR. KELLY: Yes or no.
18 A. Yes.
19 Q. And Tony Genovese gave you that
20 training?
21 A. Yes.
22 MR. PEPE: And I'm going to put it
23 on the record, but I understand I won't get an
24 answer.
25 Q. What are the characteristics that
0128
2 you were taught?
3 And just don't answer. TSA
4 objects.
5 MS. NORMAND: Correct.
6 Q. Before September 11th, had you ever
7 heard of Osama Bin Laden?
8 A. Yes.
9 Q. How did you hear of him?
10 A. In the news.
11 Q. Had you seen pictures of him?
12 A. Yes.
13 Q. So Bin Laden's pictures were on the
14 news in Portland prior to September 11, 2001?
15 A. I believe so, yes.
16 Q. Before 9/11, did you ever hear of
17 the name Ramzi Yousef?
18 A. No.
19 Q. How about Khalid Sheikh Mohammad?
20 A. No.
21 Q. Did you ever see a picture of him
22 before September 11th?
23 A. Who?
24 MR. KELLY: A picture of who?
25 MR. PEPE: Khalid Sheikh Mohammad.
0129
2 A. No.
3 Q. Did you ever see a picture of Ramzi
4 Yousef?
5 A. No.
6 Q. Could you have picked them out of a
7 lineup?
8 A. No.
9 Q. How about Mohammed Atef, A-t-e-f,
10 not Atta?
11 A. Are you asking could I pick him out
12 before?
13 Q. Well, no, let's -- let's go back.
14 Mohammed Atef, on or before
15 September 11, 2001, had you ever heard of him?
16 A. No.
17 MR. KELLY: Not Atta, not -- not
18 the fellow in the blue shirt.
19 Q. A-t-e-f.
20 A. Oh, okay. No, I was confused with
21 that.
22 Q. Had you ever seen a picture of
23 Mohamed Atef prior --
24 A. No.
25 Q. -- to September 11?
0130
2 How about Dr. Ayman Al-Zawahiri,
3 prior to September 11th, had you ever heard that
4 name?
5 A. No.
6 Q. Were you ever shown a picture of
7 that person?
8 A. No.
9 Q. Did you ever receive any training
10 about any of those individuals at Globe --
11 A. No.
12 Q. -- at Portland?
13 MR. PEPE: You want to take a break
14 now?
15 MR. KELLY: Tape.
17 record at 3:55.
18 (Recess taken.)
20 the record. The time is 4:06. This is the
21 beginning of tape number two.
22 BY MR. PEPE:
23 Q. Ms. Foster, we'll change topics. I
24 want you to focus on September 11, 2001. I'd
25 like you to tell me, what was the threat level
0131
2 on and before September 11, 2001?
4 Q. Were you told what the threat level
5 was?
6 A. No, I don't recall if I was told.
7 Q. Well, let's pull out Exhibit 174,
8 which I believe you have.
9 MR. KELLY: It's back over there
10 someplace. It's a big thick thing.
11 Q. Okay. There you go. And I'll ask
12 you to look at Page U.S. 01141.
13 MS. NORMAND: What's the title of
14 the page?
15 MR. PEPE: The ACSSP. It's U.S.
16 Airways, copy 174 is the exhibit number.
17 MS. NORMAND: Can you get us --
18 MR. PEPE: All right, Appendix 15,
19 Page 2.
20 Q. I'd like you to focus your
21 attention on AVSEC Alert Level III at the bottom
22 of the page, and I'll read it for the record.
23 "Information indicates a terrorist group or
24 other hostile entity with a known capability of
25 attacking civil aviation is likely to carry out
0132
2 attacks against U.S. targets or civil
3 disturbances with a direct impact on civil
4 aviation have begun or are imminent."
5 On and before September 11, 2001,
6 were you trained by Globe or U.S. Airways or
7 anyone else that the alert level was AVSEC Alert
8 Level III?
9 MR. CAMPBELL: Objection to form.
11 MR. KELLY: Asked and answered.
12 A. Yeah, I do remember that.
13 Q. And you remember them telling you
14 that a terrorist group or other hostile entity
15 with a known capability of attacking civil
16 aviation is likely to carry out attacks against
17 U.S. targets?
20 A. Yes.
21 Q. And who told you that?
22 A. Well, Pauline told us that, but
23 Jo-Jo and Tony Roland, he was another --
24 Q. So the people at Portland knew --
25 A. Yes.
0133
2 Q. Well, I'm sorry, let me just
3 finish.
4 The people at Portland knew that we
5 were at a heightened state of alert?
6 MR. KELLY: Objection --
7 Q. -- on September 11, 2001?
11 A. Yes.
12 Q. And that terrorists were likely to
13 carry out attacks against U.S. targets?
16 A. Yes.
17 Q. Okay. Let me show you a document
18 that's been previously marked as Touhey 168.
19 You can just peruse it for a moment. I'm going
20 to ask you: Did you ever see this document
21 before?
22 MR. KELLY: Okay, she's looked at
23 it. What's your question?
24 Q. I can ask again. Have you ever
25 seen this document before?
0134
2 A. It doesn't look familiar. Some of
3 the pictures do.
4 Q. Did you ever see these -- strike
5 that.
6 Focus on September 11, 2001 and
7 before. Do you recall having seen this document
8 before that time?
10 Q. I'd like you to turn to Page --
11 slide 24 and it's -- just look for 551 on the
12 right-hand side.
13 A. I can't find it.
14 MR. KELLY: This is such a bad
15 copy, it's hard to -- oh, there we go.
16 MR. PEPE: It's the one we got in
17 there.
18 Q. In the middle paragraph on slide
19 24, I will read it for the record. "If,
20 however, the intent of the hijackers is not to
21 exchange hostages for prisoners but to commit
22 suicide in a spectacular explosion, a domestic
23 hijacking would probably be preferable."
25 were you informed by anyone at Globe, at
0135
2 Portland or at U.S. Airways that if the intent
3 of hijackers is not to exchange hostages for
4 prisoners, but to commit suicide in a
5 spectacular explosion, that domestic hijacking
6 would probably be preferable?
7 MR. CAMPBELL: Object to form.
9 A. Did I ever hear of this?
10 Q. Prior to September 11, 2001.
11 A. No, I don't recall at all.
12 Q. What did you discuss, prior to
13 September 11, 2001, at Globe about suicide
14 hijackings?
17 Q. You don't remember discussing
18 anything about suicide hijackings?
19 A. No.
20 Q. I'd like you to turn to 558, the
21 second to the last page. And I've been told
22 never to say penultimate in the deposition, so I
23 won't.
24 MR. CAMPBELL: It's next to the
25 last.
0136
2 Q. On the top right-hand corner,
3 there's a slide that says, "Hijacking threat.
4 Overseas versus domestic, hostages versus flying
5 bomb."
6 Do you remember ever being shown
7 that slide?
8 A. No.
9 Q. Prior to September 11, 2001, did
10 anyone at Globe, Portland or U.S. Airways ever
11 communicate the information on that slide?
13 MR. CONNORS: Objection to form.
14 A. I don't remember.
15 Q. What can you tell me about the
16 Indian Airlines hijacking?
17 A. I don't know.
18 Q. What can you tell me about the Air
19 France hijacking?
20 A. I don't know.
21 Q. Did you ever have any discussions
22 with anyone at Globe or -- or U.S. Airways about
23 the Indian Airlines hijacking?
24 A. Not that I can remember.
25 Q. How about the Air France hijacking?
0137
2 A. No.
3 Q. Did you discuss the changing nature
4 of the threat to civil aviation prior to
7 A. Yes, I think we did.
8 Q. What did you discuss about that?
9 A. Let me think. I can't think. I
10 think they just showed us some different --
11 different pictures of, I don't know, just
12 different devices they might use and stuff like
13 that.
14 Q. Like IEDs?
15 A. Yeah.
16 Q. And key chain pens?
17 A. Yeah. And cell phone guns.
18 Q. Cell phone guns?
19 A. Yes.
20 Q. How about -- those are threatening
21 items. How about just the general threat to
22 civil aviation, did they discuss with you at
23 Globe --
24 A. I think so. I don't recall.
25 Q. And would that be in your training?
0138
2 A. What do you mean?
3 Q. Was that in your training when you
4 had these discussions?
5 A. No. I think it was just like a
6 security directive -- or in a -- an information
7 circular or something like that that came
8 around, if I recall.
9 Q. All right. I'm going to show you
10 what's been marked as Exhibit 69. I'd like you
11 to turn to -- well, first of all, have you ever
12 seen -- you can just look at the front page.
13 Have you ever seen a document -- this document
14 before?
15 A. No.
16 Q. Turn to the second page, please.
17 On the right-hand side, it says, "Terrorism,"
18 there's a heading. First paragraph says, "The
19 terrorist threat level in the United States over
20 the next decade will remain at least as high as
21 it is at present and indeed will probably rise."
22 Were you told that prior to
23 September 11, 2001 --
25 Q. -- by anyone at Globe or U.S.
0139
2 Airways?
4 A. I don't recall that.
5 Q. You don't recall being told?
6 A. No.
7 Q. In light of the events of
8 September 11, 2001, is that something that you
9 would recall being told?
12 A. I don't know.
13 Q. Well, there was a hijacking --
14 A. Yeah. But we were always on alert
15 anyways.
16 Q. Because you knew the threat was
17 high?
18 A. Yeah, but even before, higher,
19 naturally.
20 Q. And was it increasing?
21 A. Yes.
22 Q. And everybody in Portland knew
23 that?
24 A. Yeah.
25 MR. GALLAGHER: Objection.
0140
2 Q. What training -- you were talking
3 about press reports. Did you ever see -- strike
4 that.
5 Prior to September 11th, 2001, did
6 you personally ever watch press reports like the
7 ABC news interview of Osama Bin Laden?
8 A. No.
9 Q. Did you receive any training about
10 the Bin Laden network?
11 A. No.
12 Q. Did you receive any training about
13 the capabilities of the Bin Laden network?
14 A. I don't recall that, no.
15 Q. Were you told, prior to
16 September 11th, by anyone at Globe or U.S.
17 Airways that the Osama Bin Laden network was
18 considered by the Federal Aviation
19 Administration to be the single most serious
20 threat to the United States and its interests?
23 Q. And in light of the events of
24 September 11, 2001, is that something that you
25 would likely recall?
0141
4 A. Yes. I'm sorry, can you say that
5 again?
6 Q. In light of the events of
7 September 11, 2001, is it likely that you would
8 recall being told before September 11 that the
9 Bin Laden network was considered by the FAA to
10 be the single most serious threat to the United
11 States and its interests?
12 A. Yes.
14 A. Yes, I guess so. I don't remember
15 calling the name Bin Laden at all.
16 Q. But let's have my question read
17 back and we'll see -- we don't need to. I think
18 the record is fine.
19 MR. KELLY: I move to strike the
20 answer.
21 MR. PEPE: Okay. So then let's
22 have the question read back and the answer.
23 (Record read.)
24 MR. KELLY: I move to strike the
25 question and the answer.
0142
2 MR. PEPE: And I ask for an answer.
3 A. Yes.
5 Q. Prior to September 11, 2001, were
6 you trained by Globe or told by Globe -- strike
7 that.
8 Prior to September 11, 2001, were
9 you told by anyone at Globe or anyone at U.S.
10 Airways that hijacking techniques were being
11 provided in Bin Laden's Afghanistan training
12 camps?
15 Q. And in light of the events of
16 September 11, 2001, isn't that something that
17 you would likely recall?
20 A. After 2/11, you -- 2011, you're
21 talking about?
22 Q. Yeah, after September 11 --
23 A. I mean --
24 Q. Let me -- let me just go back and
25 clarify.
0143
2 A. Yeah, I'm confused. I got a
3 headache.
4 Q. In light of the fact that there was
5 a hijacking --
6 A. Yes.
7 Q. -- and that the planes crashed into
8 several --
9 A. Yes, yes.
10 Q. -- buildings in the Pentagon and
11 Pennsylvania --
12 A. Yes.
13 Q. -- and that it was Bin Laden that
14 did it --
15 A. Yes.
16 Q. -- isn't it likely that you
17 would -- you would remember, oh, wait, I was
18 told before September 11, 2001 that Bin Laden
19 was -- hijacking techniques were being provided
20 in this guy Bin Laden's Afghanistan training
21 camps, wouldn't you remember that?
0144
2 MR. KELLY: If you understand his
3 question, you can answer it.
4 A. I don't understand the question.
5 Q. Okay, we can move on.
6 We've heard from some other
7 witnesses in this case that screeners were
8 supposed to use commonsense at the checkpoint.
9 Do you agree with that statement?
10 A. Yes.
11 Q. So, for example, you were trained
12 that even though -- I'll give an example --
13 scissors weren't necessarily a prohibited
14 item --
15 A. Um-hum.
16 Q. -- that if a passenger tried to get
17 through the checkpoint with a pair of scissors
18 hidden in his boot, that would be considered a
19 threat?
20 A. Yes.
21 MS. MONAGHAN: Object to the form.
22 Q. And if a passenger tried to get
23 through the checkpoint with a knife of any size
24 hidden in his waistband, commonsense and good
25 judgment would tell you that the person should
0145
2 not be allowed through the checkpoint?
4 A. Right.
5 Q. Now, that's discretion and
6 commonsense, but there were some items that were
7 absolutely prohibited under all circumstances to
8 go through the checkpoint, right?
9 A. Yes.
10 Q. And there were some items that were
11 absolutely prohibited to go in checked bags,
12 right?
13 A. Yes.
14 Q. Items that could pose a threat to
15 the aircraft?
16 A. Yes.
17 Q. Like bombs?
18 A. Right.
19 Q. They were supposed to be kept off
20 the planes, right?
21 A. Yes.
22 Q. In checked bags through the
23 checkpoint, bombs were just not allowed on
24 planes?
25 A. Right, yes.
0146
2 Q. Even fake bombs?
3 A. Right.
4 Q. And the same thing with mace and
5 pepper spray. On September 11, 2001, they were
6 not supposed to get through the checkpoint?
8 A. Right.
9 Q. And on September 11, 2001, mace and
10 pepper spray were not supposed to be in any
11 passenger's checked bags?
13 A. That's true.
14 MR. CAMPBELL: Checked bags?
15 MR. PEPE: Yes.
16 MR. CAMPBELL: In cargo, okay.
17 MR. PEPE: Mark as Exhibit 250 --
19 identification, Can of pepper spray.)
20 Q. I've shown you what's been marked
21 as Exhibit 250. Can you tell me what that is?
22 A. Pepper spray.
23 Q. Can you please hold that up so that
24 the camera can take a gander at it.
25 MR. PEPE: Okay. I'm going to mark
0147
2 as Exhibit --
3 Q. That's an example of the type of
4 pepper spray that on September 11, 2001 was not
5 allowed through the checkpoint, correct?
8 A. Correct.
9 Q. And that's an example of the type
10 of pepper spray that on September 11, 2001 was
11 not allowed in checked bags, correct?
12 MR. CAMPBELL: Have you established
13 that she has any responsibility for checked bags
14 whatsoever? Because you are asking her to
15 render opinions and give testimony, from what I
16 understand, she had no responsibility for
17 checked bags. I haven't heard any yet.
18 MR. PEPE: Was that a form
19 objection?
20 MR. CAMPBELL: Yes, it is.
21 MR. PEPE: Thank you.
22 Can we have it read back?
23 Q. Is that an example -- on
24 September 11, 2001, is that an example of the
25 type of pepper spray, that's Exhibit 250, that
0148
2 was not allowed in checked bags?
6 MR. KELLY: You can answer if you
7 know.
8 A. No.
9 Q. That's not?
10 A. Not allowed.
11 Q. Thank you.
12 And that requirement is stated
13 clearly in the COG as you remember it, correct?
14 MR. KELLY: Object.
16 A. Yes.
17 Q. Let me show you what we're going to
18 mark as -- as Exhibit 251.
20 identification, Four pages from Website of the
21 District of Virginia in the United States versus
22 Zacarias Moussaoui.)
23 MR. PEPE: All right. I'll state
24 for the record this is a one -- two, three,
25 four -- five-page document. The first page is
0149
2 from the website of the District of Virginia in
3 the United States versus Zacarias Moussaoui.
4 What is printed here on the first and second
5 pages -- I'm sorry -- on the first and third
6 pages are what -- what comes out of the website
7 when you print it. And then the fourth and
8 fifth pages are what you get when you click on
9 the high resolution image.
10 Q. And I'll ask you to please look at
11 the third -- fourth page. Is that another
12 example of the type of pepper spray that is not
13 allowed through the checkpoint on September 11,
14 2001?
15 A. Yes.
18 Q. And was that -- is that an example
19 of the type of pepper spray that was not allowed
20 in checked baggage at Portland on September 11,
21 2001?
23 MR. CAMPBELL: Object -- object to
24 the form.
0150
2 MR. CAMPBELL: No foundation with
3 this witness.
5 A. Yes.
6 Q. And, again, that was clearly stated
7 in the COG?
10 A. Yes.
11 Q. And you were trained in the use of
12 the COG as a -- as a screener?
13 A. Yes.
15 as Exhibit 21, please. Prohibited item on
17 A. Yes.
18 Q. Dangerous if it got on board an
19 airplane?
21 A. Yes.
22 Q. Dangerous not only to the
23 passengers, but the crew?
25 MS. MONAGHAN: Objection to the
0151
2 form.
3 A. Yes.
4 Q. Dangerous to the airplane itself,
5 correct?
7 form.
8 A. Yes.
9 Q. Dangerous to a connecting flight?
11 A. Yes.
13 form.
14 Q. Same answers with this Exhibit 22,
15 same answers?
16 A. Yes.
17 MR. KELLY: Wait, wait, wait.
18 Strike that. I object to the -- is that a
19 question?
20 MR. PEPE: It is.
21 MR. KELLY: Same answers? I move
22 to strike that question and answer.
23 Q. Dangerous to passengers --
24 A. Yes.
25 Q. -- if it gets through the
0152
2 checkpoint?
5 A. Yes.
6 Q. Dangerous to the crew?
8 A. Yes.
10 Q. On September 11th, 2001, that item
11 was prohibited?
12 A. Yes.
13 Q. On September 11, 2001, it could
14 pose a danger to connecting flights?
16 MS. MONAGHAN: Objection to form.
17 A. Yes.
18 MR. KELLY: Same.
19 Q. I show you what's been marked as
20 Exhibit 19. Could you just hold that up so the
21 jury can see it. And I'll ask you the same
22 series of questions.
23 That was a prohibited item on
24 September 11, 2001, correct?
25 A. Yes.
0153
2 Q. And that is not something that was
3 supposed to -- strike that.
4 That is something -- strike it.
5 That is an item that was not
6 supposed to get through the checkpoint on
9 A. Right.
10 Q. And that is an item that, if it got
11 through the checkpoint on September 11, 2001,
12 could pose a danger to passengers, correct?
14 form.
16 A. Yes.
18 past the checkpoint on September 11, 2001, could
19 pose a danger to the crew, correct?
23 A. Yes.
24 Q. And it could pose a danger to the
25 airplane --
0154
3 Q. -- correct?
4 A. Yes.
5 Q. And it could pose a danger to a
6 connecting flight, correct?
9 A. Yes.
10 Q. I'll show you what's been marked as
11 Exhibit 18. Could you please hold that up from
12 the -- the handle? Just be careful. This has
13 been marked as Exhibit 18.
14 Is that a serrated blade?
15 A. Yes.
16 Q. Prohibited on 9/11?
17 A. Yes.
18 Q. Not allowed through the checkpoint
19 on 9/11?
21 A. True.
22 Q. That's an item that, if it got
23 through the checkpoint on September 11, 2001,
24 could pose a danger to the passengers, correct?
0155
3 A. Yes.
4 Q. And that is also an item that, if
5 it got through the checkpoint on September 11,
6 could pose a danger to the crew, correct?
10 A. Yes.
11 Q. And that's an item that, if it got
13 pose a danger to the aircraft, correct?
16 A. Yes.
17 Q. And that is also an item that, if
18 it got past the checkpoint on September 11,
19 2001, could pose a danger to a connecting
20 flight, correct?
24 A. Yes.
25 Q. I show you what's been marked as
0156
2 Exhibit 24. Could you hold that one up for the
3 jury?
4 A. Sure.
5 Q. And please be careful with it.
6 Is that a serrated blade?
7 A. Yes.
8 Q. That is a -- an item that would --
9 was prohibited on September 11, 2001 from
10 passing through the checkpoint, correct?
12 A. Yes.
14 through checkpoint on September 11, 2001 at
15 Portland, could pose a danger to passengers,
16 correct?
17 A. Yes.
21 pose a danger to crew, correct?
23 A. Yes.
24 Q. And it could pose a danger to the
25 aircraft, correct?
0157
3 A. Yes.
4 Q. And that is an item that, on
5 September 11, 2001, if it got through the
6 checkpoint at Portland, could pose a danger to
7 connecting flights, correct?
9 A. Yes.
11 MR. KELLY: Objection. Counsel, if
12 I could, the witness is not feeling well. If
13 this is going to -- you know --
14 MR. PEPE: One more.
15 MR. KELLY: It's just we're taking
16 an awful long time on objectionable questions.
17 Q. I'll show you what's been marked as
18 Exhibit 20. This one is very sharp, so please
19 handle it gently.
20 MR. CONNORS: You mean --
21 MR. PEPE: Yes. I'd like it
22 opened.
23 MR. CAMPBELL: All of the comments
24 of counsel, of course, should be stricken, your
25 characterization of it as sharp, and she should
0158
2 be careful is really objectionable stuff.
3 MR. PEPE: I don't want her --
4 sorry, I don't want her to cut herself.
5 MR. CAMPBELL: Yeah, I understand
6 that, but it's not something that you should try
7 to put in front of a jury. It's an
8 inappropriate comment by counsel.
9 MR. PEPE: As is yours.
10 Q. Can you please hold that --
11 MR. CAMPBELL: Then my comments
12 will be stricken and so will yours.
13 Q. That was a prohibited item on
16 A. Yes.
17 Q. And that is an item that should not
18 have gotten through the checkpoint on
21 A. Yes.
22 Q. And that is an item that is not
23 supposed to have gotten through the checkpoint
24 at Portland on September 11, 2001?
0159
3 A. Yes.
5 through the checkpoint on September 11th, 2001,
6 could pose a serious danger to passengers,
7 correct?
10 A. Correct.
12 through the checkpoint on September 11, 2001 at
13 Portland, could pose a serious danger to crew
14 aboard an aircraft, correct?
16 MR. ROSS: Is there an "if" before
17 that? Did you get the "if"? Could I have that
18 question read back because I don't know if it
19 was "if the object got through" or if there was
20 a statement that an object got through.
21 MR. CAMPBELL: There's no proof any
22 of this stuff got through Portland. Zippity do
23 da --
24 MR. ROSS: I may have misheard it,
25 and I'm sorry to make a speaking objection, but
0160
2 if the question didn't have the "if," then I got
3 a real problem.
4 MR. PEPE: So you want it read
5 back?
6 MR. ROSS: Can you read the
7 question back? Yes.
8 MR. PEPE: It says "if."
9 MR. ROSS: Okay, then my -- I'm
10 sorry.
11 Q. Correct?
12 A. Correct.
14 through the checkpoint at Portland on
15 September 11, 2001, could pose a danger to the
16 aircraft, correct?
18 A. Correct.
19 Q. That is an item that, if it got
20 through the checkpoint on September 11, 2001 at
21 Portland, could pose a danger to connecting
22 flights, correct?
0161
2 A. Yes.
3 MR. PEPE: Okay. You want to take
4 five and then I have about 15 minutes left?
5 MR. KELLY: Would you rather push
6 on and get done?
7 THE WITNESS: Yes, I would.
8 MR. PEPE: Okay. We're done with
9 those.
10 Q. On or before September 11th, 2001,
11 were you tested on your ability to detect
12 weapons?
13 A. Yes.
14 Q. Who were you tested by?
15 A. Tony Genovese.
16 Q. Tony Genovese?
17 A. Um-hum.
18 Q. And he worked for?
19 A. Globe.
20 Q. Globe.
21 Were you tested by Globe employees?
22 A. I don't know what you mean by Globe
23 employees.
24 Q. Prior to September 11, 2001, were
25 you testified by Globe on your ability to detect
0162
2 weapons?
3 A. Yes, Tony Genovese.
4 Q. Were you tested by U.S. Airways on
5 your ability to detect weapons?
6 A. I don't think so.
7 Q. Were you tested by the FAA on your
8 ability --
9 A. You're talking about bringing
10 things through on testing from like U.S.
11 Airlines? Yes, once in a while.
12 Q. Once in a while you were tested by
13 U.S. Airways?
14 A. Yes.
15 Q. Okay. So let me ask the question
16 again.
18 were you from time to time tested by U.S.
19 Airways on your ability to detect weapons as
20 they passed through the checkpoint?
21 A. Yes.
22 Q. And on and before September 11,
23 2001, were you tested by the FAA on your ability
24 to detect weapons?
25 A. Yes.
0163
2 Q. And were these tests and the
3 results of these tests logged in any form or
4 fashion, to your knowledge?
5 A. Were they what?
6 Q. Logged, indicated on a log.
7 A. Yes.
8 Q. And would that log indicate the
9 U.S. Airways tests?
10 A. I'm not sure about that. I believe
11 so.
12 Q. Well, let's show you a copy of --
13 this is Exhibit 248.
14 While counsel is looking for that,
15 were you tested on your ability to detect mace?
16 A. Yes.
17 Q. How?
18 A. Just by looking at it.
19 Q. Looking at it where?
20 A. If it came through, looking at it
21 downstairs, you know, the tests.
22 Q. So why don't you describe for me
23 that -- the tests for mace that were given to
24 you --
25 A. On the -- on the pictures. And
0164
2 then we saw, you know, like mace just like you
3 showed me those items there.
4 Q. And were you tested actually at the
5 checkpoint on your ability to detect mace?
6 A. No, down in the training room.
7 Q. So at the checkpoint, there was no
8 testing for mace detection?
9 A. Not unless they came through with
10 it.
11 Q. If a passenger came through?
12 A. Yeah, yeah, I knew what to do.
13 Q. But no testing by Globe or U.S.
14 Airways or the FAA?
15 A. I can't recall that.
16 Q. But mace was a known danger on
17 September 11 --
20 A. Yes.
21 Q. How about pepper spray, same
22 question, were you -- were you ever tested by
23 Globe or U.S. Airways or the FAA on your ability
24 to detect pepper spray at the checkpoint?
0165
3 Q. Now let's turn to -- you have the
4 page there?
5 MR. KELLY: What page number did
6 you want her to go to?
7 MR. PEPE: It's 8389.
8 Q. Is this the log of your tests at
9 the checkpoint?
10 A. Yes.
11 Q. I'd like you to point out for me on
12 this log any test conducted by anyone other than
13 Globe. And you can find that in the fourth
14 column.
16 A. There's one by -- you're talking
17 about other than --
18 Q. Anyone other than Globe.
19 A. Yeah, there's one right there.
20 Q. What page?
21 A. I don't know. The page that you
22 were on, same page that --
23 MR. KELLY: She's pointing to
24 Page 8389 in the middle of the page. There's a
25 reference that says M. Grovo.
0166
2 Q. And -- and dash Globe. Is Mr. --
3 MR. KELLY: I'm just telling you
4 what she's pointing to you.
5 Q. Okay. Is Mr. or Ms. Grovo a Globe
6 person?
7 A. Was.
8 Q. Okay. So I'd like you to look down
9 this column and tell me if there's any
10 indication that you were tested by anyone other
11 than a Globe person?
12 A. Do I have the same page?
13 Q. The -- the pages follow, so --
14 A. I don't see anyone there.
15 Q. Well, just for the record, I see
16 one.
17 A. On -- on this page here?
18 Q. This is on Page 8391.
19 MR. PEPE: If counsel will
20 stipulate that the entire log says Globe -- the
21 entire log indicates Globe tests other than this
22 one reference on 892,000, then we can skip
23 the --
24 A. I see it.
25 MR. PEPE: Is that okay?
0167
2 MR. KELLY: Yeah, fine.
3 Q. So we have here from 9/2/01 going
4 back to 10/2/98 the log of your tests. Is that
5 right?
6 A. Um-hum.
7 Q. And in that entire period --
8 MR. KELLY: It actually goes back
9 to '97.
10 MR. PEPE: Does it? I'm sorry.
11 What page is that on? Yeah, it does, 10/1/97.
12 Q. So from the period 10/1/97 to
13 9/2/01, there's one reference in this log to a
14 test by anyone other than Globe. Is that right?
15 A. Yes.
16 Q. And you passed all your Globe
17 tests, right?
18 A. Um-hum.
19 Q. And the one time you didn't pass a
20 test was when the FAA was the one that gave it,
21 right?
22 A. Right.
23 Q. Now, what's different about the FAA
24 tests? Do you know FAA people?
25 A. No.
0168
2 Q. So you didn't know this person?
3 A. No.
4 Q. But you know the Globe people who
5 were doing the test?
6 A. Well, I didn't know when they were
7 doing the test. We don't know when they're
8 doing it.
9 Q. So if a checkpoint supervisor is
10 walking through the magnetometer and they beep,
11 how do you not know that it's the supervisor
12 that beeped?
14 A. I'm talking about items put on the
15 x-ray machine.
16 Q. Well, let's talk about the mag
17 first.
18 A. Oh, okay.
19 Q. So a supervisor walks through the
20 mag --
21 A. Um-hum.
22 Q. -- and beeps.
23 A. Yeah.
24 Q. How do you know it's not the
25 supervisor?
0169
2 MS. MONAGHAN: Objection to form.
3 Q. You know it's the supervisor?
4 A. Yeah, but she -- they're treated
5 just like anybody else coming through a pass --
6 as a passenger. They have to go back and divest
7 themselves.
8 Q. Okay. But in the test, the
9 supervisor would walk through the
10 magnetometer --
11 A. Yeah.
12 Q. -- and the magnetometer would beep.
13 A. Um-hum.
14 Q. And then you would tell the
15 supervisor who's your boss --
16 A. Yes.
17 Q. -- go back through.
18 A. Yes.
20 Q. Okay. Let's talk about the x-ray.
21 Prior to September 11, 2001, did
22 you ever see the person who was conducting the
23 test on you?
24 A. No.
25 Q. So if a supervisor, prior to
0170
2 September 11, 2001, wanted to conduct a test on
3 you as an x-ray operator, how would that
4 supervisor get the bag on the conveyor belt
5 without you seeing them?
7 A. Because they come up and put it on
8 the x-ray machine. You're -- you're like in the
9 middle, and you don't see them putting it on
10 there. You're watching the screen.
11 Q. So you've never seen a supervisor
12 place an ob -- a test object or bag on the -- on
13 the conveyor belt prior to September 11, 2001?
15 A. I've seen other screeners, not
16 myself.
17 Q. So when you were there, you never
18 saw it?
19 A. No.
20 Q. But you witnessed it with other
21 screeners?
22 A. Yes.
23 Q. So why all of these passes and one
24 fail, and the only fail is the FAA test?
0171
3 form.
4 MR. PEPE: I'd like the witness's
5 explanation.
6 MR. KELLY: You want her to explain
7 the FAA test? Is that what -- is that your
8 question?
9 MR. PEPE: We can have it read
10 back.
11 MR. KELLY: Well, I don't think --
12 it's not a question of reading back. It's
13 unclear.
14 MR. PEPE: I -- I note your
15 objection.
16 MR. KELLY: Well, I'm not going to
17 let her answer a question which is confusing and
18 unclear. You want to clean it up? You want to
19 clean up the question?
20 MR. PEPE: I will if I need to.
21 Can we have it read back?
22 (Record read.)
23 Q. Do you understand that question?
24 A. Yes.
25 Q. Can you answer it, please?
0172
2 A. Because I was on x-ray number 2
3 and --
4 MR. KELLY: Just for the record,
5 she's about to explain to you the FAA test. All
6 right? Is that what you're doing?
7 THE WITNESS: Yes.
8 MR. KELLY: Okay, go ahead.
9 A. I was on x-ray number 2 and I saw a
10 large black object and the man that was doing
11 the bag check, I told him there was a long black
12 object in there, to check it.
13 Q. Yes.
14 A. Now, I don't know if he grabbed the
15 wrong bag or not, but I did see it, so --
16 Q. Okay. So the person who failed --
17 the person who failed on that -- on that day was
18 not you, it was --
19 A. It was not me, that's right.
20 Q. It was the bag checker?
21 A. It must have been. You'd have to
22 be blind not to see that big black object.
23 Q. I agree.
24 Have you -- did you receive
25 remedial training?
0173
2 A. Yes.
3 Q. What did that remedial training
4 consist of?
5 A. Going through the whole test again,
6 all the tests again.
7 Q. Which test?
8 A. The whole procedure, you know, like
9 when you started.
10 Q. And can you describe that procedure
11 for me?
12 A. Just everything, magnetometer,
13 handheld metal detector, screening. Just the
14 whole operation up there.
15 Q. So you redid your initial training?
16 A. Yes, yeah.
17 MR. PEPE: I have no further
18 questions. Thank you for your time.
20 MR. KELLY: Hold on. I just have a
21 couple questions.
22 EXAMINATION BY MR. KELLY:
23 Q. Earlier this afternoon, Mr. Pepe
24 asked you some questions about bag checks,
25 and -- and I want to ask you: Are you familiar
0174
2 with the notion or the concept of a continuous
3 random bag check?
4 A. Yes.
5 Q. Can you tell me what a continuous
6 random bag check is?
7 A. It means that you're continuously
8 checking bags like every third one we did, but
9 continuously.
10 Q. Prior to the time that Globe had an
11 ETD machine, did the checkpoint screeners use
12 continuous random bag checks?
13 A. Yes.
14 Q. After the time that Globe had an
15 ETD machine in operation, did you continue to
16 use continuous random -- employ continuous
17 random bag checks?
18 A. Yes.
19 Q. And -- and -- and after you had the
20 ETD machine in operation, did that mean that you
21 took every third or fourth bag and took a
22 little, whatever you do, swipe and stick it into
23 the machine, or were you continuing to actually
24 physically search the bags as well?
25 A. No.
0175
2 MR. PARSONS: Object to the form of
3 the question.
4 Q. Do you understand my question?
5 A. Yes, yes. Every third one.
6 Q. I -- I still -- I think it's a
7 little still unclear.
8 A. Yeah.
9 Q. After you got the ETD machine, tell
10 us what the process was in terms of if you were
11 the person doing the -- the checking at the end
12 of the x-ray machine --
13 A. Um-hum.
14 Q. -- what was the process that you
15 followed after there was an ETD machine in
16 place?
17 A. I don't really recall that. I know
18 when the x-ray machine wanted a bag check, we
19 checked it like that.
20 Q. Now, earlier Mr. Pepe asked you for
21 your understanding of what a continuous bag
22 check was. Do you remember that question?
23 A. Yes.
24 Q. Did you ever check each and every
25 bag that came through?
0176
2 A. No.
3 Q. You did it randomly?
4 A. Yes.
5 Q. And what did randomly mean, based
6 on your experience at the checkpoint there in
7 Portland?
8 A. You'd be continuously doing it, but
9 like every third bag.
10 MR. KELLY: I have no further
11 questions.
12 MR. PEPE: I have two brief
13 follow-up questions.
14 EXAMINATION BY MR. PEPE:
15 Q. First of all, let's -- let's just
16 establish you could have done a physical bag
17 search of every bag, right?
20 Q. If you were instructed to do that,
21 you would have done it?
22 A. Oh, yes, if I was instructed to do
23 it.
24 MR. PEPE: I have no -- no more
25 questions. Thank you.
0177
3 record. The time is 4:49, and this is the end
4 of tape number two.
5
6 (Time noted: 4:49 p.m.)
7
8 _______________________
9 BARBARA ANN FOSTER
10 Subscribed and sworn to before me
11 this _____ day of _________, 2007.
12
13 __________________________________
14
15
16
17
18
19
20
21
22
23
24
25
0178
1 STATE OF NEW YORK )
ss:
2 COUNTY OF NEW YORK )
I wish to make the following changes, for the
3 following reasons:
4 PAGE LINE ____ ____
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5 CHANGE TO: _______________________
REASON: _______________________
6
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7
CHANGE FROM: _______________________
8 CHANGE TO: _______________________
REASON: _______________________
9
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10 CHANGE FROM: _______________________
CHANGE TO: _______________________
11 REASON: _______________________
12 ____ ____
CHANGE FROM: _______________________
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15 CHANGE FROM: _______________________
CHANGE TO: _______________________
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19
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20 CHANGE FROM: _______________________
CHANGE TO: _______________________
21 REASON: _______________________
22 _______________________
BARBARA ANN FOSTER
23
Subscribed and sworn to before me
24 this _____ day of _________, 2007.
25 __________________________________
0179
1 C E R T I F I C A T E
2 STATE OF NEW YORK )
3 : ss.
4 COUNTY OF NEW YORK )
5
6 I, NANCY MAHONEY, a Certified
7 Shorthand Reporter, Registered Professional
8 Reporter, and Notary Public within and for the
9 States of New York and New Jersey, do hereby
10 certify:
11 That BARBARA ANN FOSTER, the witness
12 whose deposition is hereinbefore set forth, was
13 duly sworn by me and that such deposition is a
14 true record of the testimony given by the
15 witness.
16 I further certify that I am not
17 related to any of the parties to this action by
18 blood or marriage, and that I am in no way
19 interested in the outcome of this matter.
20 IN WITNESS WHEREOF, I have hereunto
21 set my hand this 19th day of January, 2007.
22 __________________________
23 NANCY MAHONEY, CSR
24
25
0180
1 I N D E X
2
WITNESS PAGE
3
BARBARA ANN FOSTER
4
BY MR. PEPE 7/176
5
BY MR. KELLY 173
6
7
EXHIBIT INDEX
8
DESCRIPTION PAGE
9
10
(Deposition Exhibit 246E marked for 62
11 identification, Group of photocopies
of color photographs.)
12 (Deposition Exhibit 247 marked for 104
identification, Personnel File of
13 Barbara Foster, Bates stamp
GLB-A-8245 through 8379.)
identification, Training Manual for
15 Barbara Foster, Bates stamp
GLB-A-8380 through 8497.)
identification, Document 49 USC
17 44902, the 2000 version, Section
44902(b) "Permissive Refusal.")
identification, Can of pepper spray.)
identification, Four pages from
20 Website of the District of Virginia
in the United States versus Zacarias
21 Moussaoui.)
22
23
24
25

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