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PAGE 106

 

A. Based on the photographs that were maintained in our

files, there is an indication that the fingers were placed in

a material called Duplicast, which is a material that is

similar to epoxy where you mix two liquids and they then

solidify in a short amount of time, and that way the fingers

can be impressed into the material. The material hardens and

you are left with a cast of the friction ridges on the

fingers.

Q. Then what is done after you make that cast?

A. The casts are then photographed, and each individual

finger that is represented is, that photograph is placed in a

ten print block on a fingerprint card.

(Exhibits 40-41 marked For identification.)

Q. I will ask you to look at two Exhibits I have placed ir

front of you, Exhibits number 40 and 41. First of all, can

you tell us what Exhibit No. 40 is?

A. Exhibit No. 40 is a photograph of the impressions that

were made from the hands that were submitted in this case.

And Exhibit No. 41 is the template card bearing the name Anna

Mae Pictou from our files.

Q. That Exhibit 41, was that what is referred to as the

known set of prints?

A. Known set prints, yes.

JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
Sioux Falls, South Dakota 57104 (605) 330-4877

 

PAGE 107


MR. MANDEL: I offer Exhibits 40 and 41 at this

time.

MR. RENSCH: No objection.

THE COURT: Exhibits 40 and 41 are received. I

think this might be a good time to take our morning break. So

remember what I have told you before, members of the jury,

don't talk to each other about the case, keep an open mind

until you have heard all the evidence. Thank you, we will be

in recess for fifteen minutes.

(Recess at 10:25 until 10:45 ).

THE COURT: Re-take the stand, please.

BY MR. MANDEL:

Q. In preparation for your testimony here today did you

review the file in this matter?

A. Yes, I did.

Q. First of all, from the file review did it indicate that

an identification was made in this case?

A. Yes, it did.

Q. Are you able to see that okay on the monitor?

A. Yes.

Q. I have put what has been marked Exhibit No. 40 on the

monitor. Can you tell us what that is, and based on your

review of the file how that was prepared?

A. This is the photograph of the card that was created from

the impressions of the fingerprints of the hands that were

JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
Sioux Falls, South Dakota 57104 (605) 330-4877

 

PAGE 108


submitted. These are actual individual photographs of each

finger that are taken and then placed on the template card,

and the template card is photographed as a whole. Once you

have all ten fingers present, the card is then classified,

this is known as a Henry classification. Prior to when we had

computer data bases, all fingerprint cards received Henry

classifications. Those are what the numbers are up in the top

on the right side in the block where it says 19. All of that

information is derived from the pattern types and the

classification of the fingerprints on the card. This card

would have been then sent down to the technical section where

based on this classification they would have manually searched

through the fingerprint cards on file. At that time when

someone down there found one that matched the classification,

it was sent back up to the latent examiner who compared the

template card.

Q. The FBI even at that time had a lot of fingerprints on

file, right?

A. That's correct.

Q. In the millions?

A. I would say tens of millions probably.

Q. How long does it take to do a comparison of that type in

general?

A. In general it would depend really on how unique the

classification is. For example, the most common pattern type

JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
Sioux Falls, South Dakota 57104 (605) 330-4877

 

PAGE 109


is loops, so if a person has all loops, it may take a little

longer to search manually through the files. But there is

also information such as how many ridges between two areas of

the fingerprints, that kind of information can help break down

the number of files that need to be searched through. In this

case it was a female, and I believe only 20 percent of the FBI

files are of females, so that again reduces the number of

people that would need to be manually compared to.

Q. I notice on that card there is some numbers written in

the upper right-hand corner of each of the prints that is

shown there?

A. Yes, those are the indications of the ridge counts and

pattern types that are present in those fingers.

Q. When this fingerprint card was sent into the FBI lab,

was there any information that is in the lab record as to who

it might have been, who in particular to search for as

possibilities?

A. Well, this card would have been created by the lab, it

would have been --

Q. Excuse me, actually when the hands were sent in to

produce the fingerprint card?

A. Based on the work sheet from the original examiner there

was a phone call on the 2nd of March from Special Agent Wood.

Q. Is this a type of record that you normally keep in these

lab files?

JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
Sioux Falls, South Dakota 57104 (605) 330-4877

 

PAGE 110


A. Yes. Any case that comes in the examiner works, they

keep a work sheet on what steps they have taken in that case.

Q. So at any time, for example if you are working on a case

when a call would be made in by the agent, you would make a

notation in the file reflecting that?

A. That's correct.

Q. In this case were these, were names provided as possible

comparisons that should be checked on as to who it might have

been?

A. In this case there was a phone call made stating that

these could possibly be an individual by the name of Donna Sue

Fiedler.

Q. Any other names other than Donna Sue Fiedler?

A. There were some aliases of that individual listed as

well. In fact, at a later time they submitted her fingerprint

card in the event we would need it for comparison purposes.

Q. Then was there a comparison done between Exhibit 40 then

and Exhibit 41?

A. Yes.

Q. Can you tell us what Exhibit 41 is again?

A. Exhibit 41 is a photograph of the fingerprint card that

was retrieved from our files based on the classification of

the fingerprint card created from the hands that were

submitted. So these are the cards from our files.

Q. At the time that the original comparison was made, was

JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
Sioux Falls, South Dakota 57104 (605) 330-4877

 

PAGE 111


determination made that the prints in Exhibit 40 and 41 were

from the same individual?

A. Yes, there was.

Q. Who was that individual?

A. This card bears the name Anna Mae Pictou, and it was

recorded, the fingerprint identification listed an individual

Anna Mae Aquash.

Q. That known card, was that a card that was actually made

during a processing in the Marshals office?

A. This would have been the card that was made when she was

fingerprinted at some time, yes. I would need to refer to

when exactly it was recorded.

Q. Is the date reflected on the card?

A. I have a hard time seeing it on the screen. Looks like

September 5, 1975.

Q. Were you also able to conduct your own examination and

do a comparison between the two sets of prints?

A. Yes.

Q. In your opinion was the original conclusion correct that

these were the same individual?

A. Yes.

MR. MANDEL: I have no further questions, Your

Honor.

THE COURT: Cross exam.

MR. RENSCH: No questions, Your Honor.

JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
Sioux Falls, South Dakota 57104 (605) 330-4877

 

PAGE 112


THE COURT: Thank you, Ms. Edwards, you may step

down. Call your next witness.

MR. McMAHON: The United States calls Darlene

Nichols.

DARLENE NICHOLS,

called as a witness, being first duly sworn, testified and

said as follows:

DIRECT EXAMINATION BY MR. McMAHON:

Q. Would you state your name, please?

A. My name is Darlene Nichols, most people call me Kamook.

Q. Where were you born?

A. I was born in Scotts Bluff, Nebraska.

Q. Where did you grow up?

A. In Pine Ridge, South Dakota.

Q. Did you go to high school in Pine Ridge?

A. I went to high school part of the time at Marty, South

Dakota, and at Pine Ridge.

Q. Where do you live now?

A. New Mexico.

Q. When were you first exposed to the American Indian

Movement ?

A. In February of 1972.

Q. How did that come about?

JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
Sioux Falls, South Dakota 57104 (605) 330-4877

 

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A. The American Indian Movement came to Pine Ridge, they

were protesting how the death of Randy Yellow Thunder had been

handled.

Q. How old would you have been at that time?

A. Seventeen.

Q. Would you have graduated yet from high school?

A. No.

Q. Between what years would you have been in school, were

you a junior, senior?

A. I was a junior in high school.

Q. So were there some meetings held that you attended?

A. Yes.

Q. How many meetings did you go to, do you remember?

A. That night there was one at the high school gymnasium

and I went to that meeting.

Q. Were there more meetings within the days following that,

or was there just one?

A. Yes.

Q. Did you attend those other meetings also?

A. Yes.

Q. Did you meet any of the people affiliated with AIM that

were there for those meetings?

A. Yes.

Q. Who did you meet?

A. I met Dennis Banks, Russell Means, I met Leonard

JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #30 5A
Sioux Falls, South Dakota 57104 (605) 330-4877

 

PAGE 114


Peltier.

Q. So you would have finished school for the year some time

that spring I am assuming?

A. I finished school in December, had all the credits I

needed to finish school, and then officially graduated in May

of 1973.

Q. But the meetings we were talking about were during your

junior year, right?

A. Right.

Q. So you would have finished the school year that spring,

that would have been your junior year?

A. Yes.

Q. Then you went back to high school the next fall?

A. Yes.

Q. Did I understand you correctly then that you actually

finished your course work in December?

A. Yes.

Q. December of what year?

A. 1972.

Q. Then the rest of your class finished in the spring of

'73?

A. Yes.

Q. And that is when you actually got your diploma?

A. Yes.

Q. When you finished your classes in December of '72, tell

JERRY J. MAY, RPR, CM 400 South Phillips Avenue, tt305A
Sioux Falls, South Dakota 57104 (605) 330-4877

 

PAGE 115


us what you did after that?

A. I traveled to Oklahoma and spent a couple of weeks with

my aunt. Dennis contacted me, I moved back to Rapid City, and

resided here.

Q. Why did you go back to Rapid City?

A. Dennis called me. He made arrangements for me to fly

back up here and he would pick me up at the airport.

Q. Talking about Dennis Banks?

A. Yes.

Q. Had you and he started some type of a relationship

before that time?

A. Yes.

Q. When you flew back up to Rapid City after he called you,

were you with him continually after that then?

A. Yes.

Q. Did you live together?

A. Yes.

Q. Did you eventually have children together?

A. Yes.

Q. How many children did you have together?

A. Four.

Q. How long were the two of you together?

A. Seventeen years.

Q. You separated when?

A. In April of 1989.

JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
Sioux Falls, South Dakota 57104 (605) 330-4877

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