A Day Without a Jury or Defendant in the Noor Salman Trail

Posted on by Thor

There is some sensitive content and disturbing details included
within. If you feel you may be affected, please do not read this post.

 One day of the trial had no jury or defendant. Noor Salman had the day off. The courtroom 4B rules were relaxed and I was permitted to sit inside courtroom 4B as a member of the public. I was issued a blue slip and told to sit on the court right general public spectator benches.  The day was spent going over a laundry list of what the jury must consider when coming to a verdict. The jury would have to be  unanimous on the charge that Noor aided and abetted her husband Omar Mateen in the mass murder committed at Pulse Nightclub. The prosecution went over a list of what items would be considered aiding and abetting.

1. Noor texted Omar on the night of the attack and told him to tell his mom that he is out with Nemo. This cover story made it seem like Noor was covering for her husband’s actions.

2. The “casing” activities at City Place in West Palm Beach  on June 4-5, 2016. The timeline for this activity was later debunked with cell phone data. There was not enough time for the casing to have occurred. It was still a strange trip to take very late at night with their son Zac who usually went to bed by 9 PM.

3. A May 31, 2016 purchase of ammunition for Omar’s work firearm at Walmart Supercenter. Noor and her son Zac were on that shopping trip. The prosecution wanted to imply that she encouraged the purchase. Omar’s work firearm was not used in the Pulse Nightclub attack.

4. The fact that Noor knew about the new rifle gun case in the family car, because she didn’t want it in the car when she took her driving test. The prosecution claimed that she was getting a Florida driver’s license for the first time because she knew Omar would not be around to drive after the Pulse attack, and the defense said she wanted to be able to drive to bring her son to school.

5. On June 8, 2016, four days before the attack, Noor got her license, shopped at bass Pro shop where Omar got Ammo, went to the Florida Mall where Omar bought her some very expensive jewelry. The woman who sold them the ring noticed a tear in Noor’s eye. Was she happy or sad? The purchase of the over $7000 ring was considered an enticement to lie or
at least not tip off authorities to what Omar was about to do.They then went to Disney Springs, an Arab Restaurant and a mosque. It was on this night that the prosecutors though Noor and Omar went to Pulse but there wasn’t enough time to drive around for 20 minutes.

6. The excessive spending in the month of June leading up to the attack.

7. Omar made Noor a beneficiary of his savings and checking accounts in the event of his death.

The prosecution would have to prove to the jury that Noor knew of Omar’s intent to mass murder innocent civilians with his act of Jihad. They wanted to stress that she was at a repeated series of very important junctures leading up to the attack.  Going to the gun range was a red flag for prosecutors. She told no one about the purchase of the rifle.

The defense countered that the prosecution provided no evidence that Noor knew what “the Act” was going to be. There is no evidence that she supports ISIS. During the course of the trial holes were poked in each of Noor’s six statements written by FBI agent and signed by her. Since she and Omar never went to Pulse before, it seemed to imply that FBI agents had planted information in her testimony.

The afternoon was spent going over the instructions for the jury. Each paragraph was meticulously picked apart to be sure both prosecutors and the defense were satisfied with the wording.

Noor did not plan to testify and the jury would be instructed not to consider this as a presumption of guilt. The jurors would have to weigh the testimony from each witness. They would have to consider the circumstances and weather the witness was credible or reliable. They would need to consider the witnesses age, and training.

Omar provided material support to the Islamic state. Did Noor intend to aid in the material support of ISIS? The prosecution wanted to point out that aiding and abetting can be done with a happy heart, or a sense of foreboding. Did she intend to bring about the crime? On the count of Obstruction of justice, did Noor mislead FBI agents with the statement she made on the morning after the Pulse Nightclub attack. Dis she knowingly leave things out of her statements? Once someone chooses to testify, they must do so truthfully. The venue for the obstruction of justice charge was Central Florida. Since Noor lived in Fort Pierce, the prosecutors needed to prove that her statement were intended to mislead investigators in Central Florida.

The instructions acted as a framework for the jury’s deliberations.

Agent Ricardo Enriquez testified about early interviews with Noor Salman

Posted on by Thor

There is some sensitive content and disturbing details included
within. If you feel you may be affected, please do not read this post.

 Ricardo Enriquez is a polygraph expert for the FBI. He never actually did a polygraph on Noor Salman although she had agreed to have one done. The defense argued that since the polygraph wasn’t done, the testimony would be irrelevant. They felt that just the prejudicial effect would be enormous on the jury but Judge Byron allowed the testimony.

Special Agent Mayo said that Noor wanted to go home at one point, but her home was being searched. At 11 AM on June 12, 2016 Noor was found sleeping on the floor of the FBI interrogation room. She didn’t say that she wanted to go anywhere else. Her uncle came to pick up her son Zack. When the uncle asked if she could come home, he was told that there were additional questions that the FBI wanted to ask her. She agreed to stay. She asked agent Enriquez, “What will happen to my son?” He said, “It isn’t up to me.” Enriquez asked Noor questions and then memorialized her responses by writing what she said and then having her read what he write an then initial the start end end of each sentence. By doing this each sentence would be confirmed as being true and it would not be possible to add anything to the statements since they were initialed. She would dictate and he would write. She said that she was too nervous to write the statements herself.

Omar asked Noor, “Where would the next terrorist attack make a big splash?” What I find odd is that no one asked Noor what her response was to her husbands outlandish statements. “Omar bought a gun 4 days ago and put it in the trunk of the car. He said it was for work.” She made quite a few statements about Omar’s spending, to summarize, in the last days he spent a lot of money for instance buying her a $7000 wedding ring although she already had a ring. He spent $300 on clothing and brought a lot of toys for their son. He also spent money on take out and restaurant food in the final weeks. He sent $80 on ammo in Vero Beach. He withdrew $1000 from his PNC Bank account and gave it to her. Omar also made her a beneficiary on his checking and savings account. Because of this she thought he was considering a violent act. “I often worry he was going to commit an act of violence or terrorism.” she said.

Driving around City Place, he said, “How bad would it be if City Place got attacked?” Later testimony from a digital forensic expert however indicated that there was no time for this “Staking” of City Place. Omar Mateen asked her, “What would make people more upset, an attack on Disney, or an attack on a club?” “I knew.” she said. For the last 2 years Omar had talked about doing Jihad. He said if he did jihad, everybody would know who he is. “How upset are people going to be when it gets attacked?” She mentioned driving around Pulse for 20 minutes with the windows down, but again digital forensics proved that this staking of Pulse was not possible in the time allotted. Agents interviewing Noor claimed that she had not been told about Pulse or prompted in any way. But this shifting story indicated she might have been fed statements by agents.

Noor said that on June 10, 2016 late at night, Omar was looking at a website for the Pulse Nightclub and when she saw what he was looking at he said, “This is my target.” She knew that the time of the

attack on the cub was close. Digital forensic disproved that this exchange about viewing the Pulse website actually happened. On Saturday June 11, 2016 before Omar left their apartment he asked her if he looked Spanish. He was pumped up. He had his ammunition backpack and gun. She asked the agent an odd question at the end of their interview. She said, “When do I get my money?”

The defense pointed out that on June 12, 2016 at about 1:30PM the Sentinel reported that Omar Mateen was a terrorist. It is possible that the FBI agents saw this report on they morning they interviewed Noor. The defense asked what time Agent Ricardo got up that morning. He could not remember the exact time but they narrowed it down to between 8 AM and 9 AM. That morning he looked at the news on his computer perhaps Fox News or ABC. Then her drove to the FBI headquarters to interview Noor. No one asked if she approved of the purchase of a rifle. She dis complain that she didn’t want it in the back of the family car when she took her driving test.

She said in a written statement that Omar Mateen was driving to City Place and got there around 1 AM. She was a passenger. They drove around with the windows down for about 45 minutes. He was driving around slowly looking at the clubs at City Place. While driving, he said, “How bad would it be if a club got attacked?” Defense attorney Charles Swift asked the impotent question, “What was her response?” Why didn’t agents ask if she agreed or disagreed with the statement by her husband? So many of her written comments were confessions of knowledge of her husbands long standing extremist views but they were not confessions of participation. Did she encourage her husbands actions that resulted in 49 lives lost in Orlando? This is what the jury will ultimately have to decide.

Noor decided to hand write a statement on her own at the end of the long night of questioning. She wrote, “I’m sorry for not truthful in the start about what Omar was planning.” The grammar and diction of this written statement is very different that what agents wrote for her. It is standard FBI practice that interviews are not recorded unless the person has been charged with a crime. So the agents were not authorized to record Noor’s statements