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Case TAECIOOS8O- EAU TBOCUEA AN O35 Fil@dW2z/e4/22agePaged 37 of 67 UNITED STATES OF AMERICA, v Page 101 - Page 104 (26) SOUTHERN DISTRICT REPORTERS February 15, 2012 PAUL M. DAUGERDAS, ET AL., C2frdau3 Page 101 | CPfrdaua Conrad - direct Page 103 1 witness, we would have otherwise called Ms. Conradinorderto | 1 this proceeding? 2 elicit these facts, so somebody looking back an this record | 2 A. Yes, sir. 3 later on has no misimpression of a defendant calling a witness © 3 Q. Ms. Conrad, did you take the same oath on March 1, 2011, to 4 who the government selectively decides to immunize. We were 4 tell the truth in this courtroom that you took a few moments 5 going to call this witness ourselves. We made a decision that 5 ago? 6 her testimony ts in the public interest; that's why we are 6 A. I can't answer that. I'm not sure of the date. 7 seeking the immunity. [ just wanted to make that clearto your | 7 Q. Apart from the date, do you recall that in connection with 6 Honor. 8 United States v. Daugerdas, you appeared as a juror, a 9 THE COURT: Fine. Ms. Sternheim, if you would like, | 9 prospective juror, correct? 10 you may take a seat in the jury box during her examination. 10 A. Yes, sir. 11 MS. STERNHEIM: Thank you, Judge. 11 Q. Atthe beginning of the trial you took an oath, did you 12 THE COURT: Let's bring out Ms, Conrad. 12 not? 13 MS. STERNHEIM: Your Honor, may I take the seat 13 A. I'm not exactly sure when, sir. 14 closest? 14 Q. Atsome point during the voir dire, did you take an oath to 15 THE DEFENDANT: Yes, come on down. 15 tell the truth, the whole truth, and nothing but the truth? 16 CATHERINE M. CONRAD, 16 A. Probably, yes, sir. 17 called as a witness by the defendant, 17 Q. You didn't do that, did you? j18 having been duly sworn, testified as follows: 18 A. There were omissions, yes, sir, j19 THE COURT: Would you take a seat and state your full |19 Q. There were omissions in your testimony, is that correct’? 20 name and spell your name slowly for the court reporter. (20 A. Yes, sir. 21 THE WITNESS: Catherine with aC, C-A-T-H-E-R-LN-E, |21 Q, There were lies in your testimony, were there not? 22 Conrad, C-O-N-R-A-D. 22 A. Yes, sir. 23 THE COURT: Mr. Gair, you may inquire. 23 Q. So you didn’t tell the truth, the whole truth, and nothing 24 DIRECT EXAMINATION 24 but the truth, isn't that correct? 25 BY MR.GAIR: 25 A. Yes, sir. C2frdau3 Conrad - direct Page 102 | C2frdau3 Conrad - direct Page 104 1 Q. Ms, Conrad, the oath that you just took, is that the same | 1 Q. Today did you call the chambers of Judge Pauley at about 10 2 oath that you took to tell the truth in voir dire on March Ist | 2 minutes to 8:00 this morning? 3 of 2011 in this case? 3A. Yes, sir. 4 A. Upon advice of my counsel, I plead the Fifth. Thank you. | 4 Q. Did you inform the deputy clerk in Judge Pauley's chambers 5 Q. On March Ist and 2nd of 2011, were you present inthis | 5 that you would not be coming to court today? 6 courtroom for the trial of United States v. Daugerdas? | 6 A. Yes, sir. 7 A. Upon advice of my counsel, | plead the Fifth. Thank you. | 7 (Continued on next page) 8 Q. Let me ask you one more question, Is it yourintentionto | 8 9 assert your Fifth Amendment privilege to any question that I | 9 10 ask you concerning your service in United States y. Daugerdas? | 10 11 A. Yes, sir. 11 12 MR. GAIR: Your Honor? 12 13 THE COURT: Does the government have an application at | 13 14 this time, Mr. Okula? 14 15 MR. OKULA:: We do, your Honor, We have submitted to |15 16 your Honor papers applying for an immunity order, and we | 16 17. respectfully ask that your Honor sign that order. 17 18 THE COURT: Ms. Conrad, in view of your assertion of |18 19 the Fifth Amendment privilege, I have signed just now an order |19 20 granting you immunity, that is, use immunity, with respect to |20 21 your testimony in this proceeding. 21 22 You may proceed, Mr, Gair. 22 23. BY MR.GAIR: 23 24 Q. Do you understand, Ms. Conrad, that given the grantofuse | 24 25 immunity, you are required to answer appropriate questions in | 25 DOJ-OGR-00009239