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PAGE 191

 

complaint for possession of a firearm with an obliterated

serial number, and then later there was an indictment and

there were two counts, one of which was that same count and

then one similar as far as a firearm, and I don't really

remember the other count.

Q. Do you remember when she made her first appearance?

A. She made her first appearance in early September. I

can't tell you right now the exact day.

Q. That's close enough. Was she let out on bond?

A. Yes.

Q. When she was let out on bond, I am assuming you had

discussions with her about her case prior to her leaving

Pierre?

A. Mr. McMahon, my position on this is that I have an

attorney/client relationship with her, and I don't believe

that I am in a position to testify as far as what she and I

discussed.

Q. I am not going there, I am just asking if you had

discussions?

A. Yes, I had discussions with her.

Q. As a part of those discussions, did she give you ways to

try to get in contact with her after she left?

A. I am sure she must have. I don't specifically recall

that at this time.

Q. I am assuming then that probably not right then, but

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

 

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after she was indicted there was an initial appearance date

set, or another appearance date set?

A. Yes, there was an arraignment.

Q. Was that set for November 10th?

A. Actually, no. The arraignment did occur in early

October, and she did appear for her arraignment in early

October.

Q. Was there another court date scheduled for November?

A. Yes, I believe it was. A motion hearing was scheduled

on November 10th.

Q. Did she appear for that?

A. No, she did not.

Q. Prior to November 10th and after she had made her

appearance in October, did you attempt to get in contact with

her?

A. Yes.

Q. How did you do that?

A. I guess you just asked me how. By mail. I also

attempted to contact her telephonically.

Q. I am assuming you had some type of a telephone number

for her?

A. You know, I don't know that I had a number for her.

Frankly, I had a number down in. Pine Ridge that I am not sure

it was her number, but it was a way to make contact with her.

Q. Were you ever able to speak with her prior to November

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

 

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10th, after she had left Pierre I am talking about?

A. No.

Q. So from the time in early October when she made the

appearance for her arraignment, between then and November 10th

you weren't ever able to speak with her?

A. I do not recall having been in contact with her during

that period of time.

Q. Did you ever ask anyone to help you contact her?

A. Yes.

Q. Who?

A. I asked Bruce Ellison.

Q. Why did you ask Mr. Ellison to help you?

A. When the initial appearance occurred in early September,

Mr. Ellison was present. There were other attorneys present

as well. If I recall correctly there were a number of

defendants charged, and so there were quite a few attorneys

from Pierre like myself who had been appointed to represent

some of the other defendants. And as I sit here today I am

not sure if Mr. Ellison who had been appointed to represent

one of the defendants or was associated with the Wounded Knee

Legal Defense Fund.

Q. So prior to November 10th you weren't able to contact

her. Was Mr. Ellison able to help you get in contact with

her?

A. No.

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

 

PAGE 194


Q. When was the next time you saw her?

A. The next time I saw her was on November 23.

Q. How do you remember it was November 23?

A. Well, in preparation for coming today I did look at my

file. I recall that she was brought back to South Dakota,

there was a trial scheduled for November 25, and I visited

with her the next time two days prior to that trial.

Q. Was she under arrest when she was brought back to South

Dakota?

A. Well, she was still I guess under arrest from the

initial information. I understand that she had in Oregon been

placed in custody, because she had not appeared earlier at her

hearing. I don't know if she was formally under arrest, I am

not sure of that.

Q. Well, she was in custody when she first appeared in

Pierre then?

A. Correct.

Q. Did she once again get out on bond?

A. Yes, she did.

Q. Did that surprise you?

A. Yes, it did.

Q. How did that come about?

A. On the 24th, the day before the trial was scheduled, I

recall correctly that there was a United States District Court

Judge from Virginia, or a southern state who was up here

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

 

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handling some matters including this particular trial. There

were a number of attorneys in Pierre, many of them either

representing some of the other defendants about which I spoke

earlier, or some that I believe were associated with the

Wounded Knee Legal Defense Fund. And that day, the 24th when

I visited with my client, either right prior thereto or after

I had visited with her, it was suggested to me by one of the

attorneys, none of them, it was not an attorney from Pierre,

one of the other attorneys, that perhaps the Judge would let

her out on bond for preparation efforts for the trial the next

day, and also, frankly, so she could be better able to respond

the next day to the trial.

Q. You said it surprised you she was let out on bond, why

was that?

A. It surprised me because they had just picked her up in

Oregon and brought her back to South Dakota because she had

not appeared at a prior hearing. So I didn't anticipate that

they would do that, but if I recall correctly, we appeared in

front of the Court and made that request and the Court did

allow it.

Q. So she got out on bond again?

A. She got out on bond again on the 24th of November.

Q. Leading up to the 24th of November had the United States

made any offers for reduced charges in return for a guilty

plea?

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

 

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A. Yes, we had communication from the United States

Attorney's office regarding that.

Q. Did you send those on to Anna Mae?

A. I think that is asking for me to testify as regards

something that would be protected by the attorney/client

privilege as far as what was included in the correspondence I

sent her.

Q. Well, I am going to try to avoid that issue if we can.

Normally wouldn't you feel it was your obligation to

communicate plea offers to your clients?

A. Certainly.

Q. And do you normally comply with your ethical

obligations?

A. Certainly.

Q. Did you share any of those letters with any of the

attorneys for the other defendants?

A. I do not believe that I shared them with any of the

attorneys for any of the other defendants.

Q. Was one of those letters a letter that you gave to Bruce

Ellison to try to get it to Anna Mae?

A. No, I wrote Mr. Ellison a separate stand alone letter

where I told him that there was a hearing scheduled, that I

would appreciate his help in seeing what he could do to get

her to appear at the time of the hearing, because I wasn't

confident myself at the time that she was going to be there on

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

 

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November 10th.

Q. Once Anna Mae was let out on bond again, that would have

been November 24th?

A. Correct.

Q. Of 1975?

A. Correct.

Q. Her trial was scheduled for the following day?

A. Correct.

Q. Did you ever see her again?

A. I may have seen her at the St. Charles Hotel, because a

number of these attorneys who were from out of state were

staying up at the St. Charles Hotel. It was kind of a

strategy room up there that was being used to discuss

witnesses and evidence and testimony that might be presented.

As I sit here I do not have a clear recollection of seeing her

up at the St. Charles Hotel, but my expectation would have

been that after she got out she did come up there, but I don't

remember that.

Q. And if you would have seen her at the St. Charles Hotel

in Pierre, that would have been on the 24th some time?

A. That's correct. I should say, Mr. McMahon, I don't mean

to volunteer, but in response to your earlier question I am

confident that on the 24th I also told the U.S. Attorney's

office that we were going to trial, there had not been any

plea arrangement.

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

 

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Q. So then the trial was set for the following day,

November 25, 1975. Did she show up to go to trial?

A. No, she did not.

Q. Did you ever see her again?

A. Never did.

Q. Ever hear from her again?

A. Never.

MR. McMAHON: That's all I have.

MR. RENSCH: No questions.

THE COURT: Thank you, Mr. Riter, you may step down.

Well, just about time for a mid afternoon break, we might as

well take one five minutes early. Remember what I told you

before, don't talk about the case with each other, don't make

up your minds until all the evidence is in. We will be in

recess for fifteen minutes.

(Recess at 2:25 until 2:40).

THE COURT: Call your next witness, please.

MR. MANDEL: United States would call Raymond

Handboy.

RAYMOND HANDBOY,

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

said as follows:

DIRECT EXAMINATION BY MR. MANDEL:

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

 

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Q. Sir, would you state your name, please?

A. Raymond Handboy.

Q. How is your last name spelled, sir?

A. Spell it?

Q. Yes?

A. H-A-N-D-B-0-Y.

Q. All one word?

A. Yes.

Q. What do you do for a living. Ray?

A. I work for IHS, Indian Health Service.

Q. Is that here in Rapid City?

A. Yes.

Q. How long have you been working for them?

A. Sixteen years.

A. Were you formerly married to Evelyn Bordeau?

A. Yes.

Q. Can you tell me what year the two of you got married?

A. Repeat that?

Q. What year were the two of you married?

A. 1977, I think.

Q. How long were you married?

A. Four years.

Q. Back in 1975 were you already going with Evelyn Bordeau?

A. Yes.

Q. At that time did she have some involvement in the

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

 

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American Indian Movement?

A. Yes, I believe she did, yeah.

Q. To the extent you know, what was her involvement?

A. I think she just knew a lot of people in the movement.

Q. What about you, yourself, did you have any involvement

in it?

A. Me?

Q. Yes.

A. No, not really, no.

Q. When did the two of you initially get together?

A. I met her in '75.

Q. In September of '75 were you already together?

A. Yes.

Q. In September of '75 did she ask you to take a trip to

Pierre at some point?

A. Yeah, we --

Q. Excuse me, I misstated that, I meant November?

A. November, yes. Yes, she did.

Q. Was that toward the end of November of '75?

A. I think it was toward the end, we were wintery out and

snowing.

Q. Do you remember how that came about, sir?

A. I just came home from work one day and she said she, she

asked me if I wanted to take a drive, and I said doing what?

She said we need to give someone a ride. I said sure, let's

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

 

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do it.

Q. When you say you came home from work, where were you

working back then?

A. I was working at the Elsworth Air Force base part time,

and at the Central Fair Grounds here in Rapid.

Q. Did she tell you who you were taking for a ride?

A. No, I didn't know until we got over there.

Q. Did she tell you where you were riding to?

A. She said we are going to Denver.

Q. Was that the first stop you made?

A. Yes.

Q. Did you go to Pierre before you went to Denver?

A. Yes.

Q. Do you remember what time of day you headed out for

Pierre, sir?

A. It was in the evening, when we got over there in Pierre

it was dark. It was about 10:00 or something like that, I

think.

Q. Where did you go when you got to Pierre?

A. We went to a hotel. There was a hotel, but there was a

gas station across from the hotel. At least I thought it was

a hotel, and I parked across the street in the gas station.

It was closed, it was pretty late when we got there. Evelyn

went into the hotel and she came out with Anna Mae.

Q. Was that the St. Charles Hotel?

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

 

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A. I think so, I think that is what it is called, yeah.

Q. When Evelyn came out of the hotel did she introduce you

to the person you were giving a ride to?

A. Yes.

Q. What was her name?

A. Anna Mae.

Q. I have handed you Exhibit No. 27, a photograph, do you

recognize the individual in that photograph?

A. Yes.

Q. Who is that?

A. That is Anna Mae.

Q. After I take it she got into the car then?

A. Yes.

Q. Who was seated where, who was driving?

A. I was driving. We stopped and got gas I think at a

station going over the bridge before we leave Pierre, and we

filled up, and they wanted to go straight south to route 90,

then we were supposed to go to Murdo, I think it is, and then

south past Rosebud in to Nebraska to route 80. They wanted to

hit 80 and go west to Denver.

Q. So you were taking Highway 83 down to Highway 80?

A. Yes, I think that's the road.

Q. What time of night was it when you left there?

A. It was late, probably 11:00 or 12:00. It was pretty

late I know. I don't know exact time, but it was late.

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

 

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Q. After you gassed up you were driving?

A. Yes.

Q. Where were they seated?

A. In the back.

Q. Both of them?

A. Yeah.

Q. Was there anyone else with you?

A. No.

Q. Was there any discussion as to why you were doing this?

A. No.

Q. So you took off down the road during the -- first of

all, did you drive all the way down to Denver from there?

A. Yes.

Q. Straight through overnight?

A. Yes.

Q. You drink a lot of coffee while were you doing it?

A. Oh, yeah. Off and on we would stop at a truck stop and

get coffee and then drive on.

Q. How long did it take you to drive down there?

A. Probably about six hours or more, because it was pretty

bad out. The roads were pretty rough.

Q. During the course of the drive was there any

conversation?

A. Oh, they were talking, but I couldn't really hear what

they were saying because I was just paying attention to

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

 

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driving.

Q. So you weren't able to listen to any of the

conversat ion?

A. No.

Q. What happened when you got to Denver, sir?

A. They kind of indicated they knew where they were going

to me. I didn't know anything about Denver or the city, and

first time I ever been there, but they knew where they wanted

to go, and they just told me where to go, and I just drove.

And when we got to where she wanted off, we stopped and we let

her off, and they got out and they hugged each other. And I

just asked her do we have enough money to get back, and she

goes yeah, so we started out.

Q. Just turned around and headed back up to Rapid City?

A. Yes.

MR. MANDEL: I have no further questions, Your

Honor.

CROSS EXAMINATION BY MR. RENSCH:

Q. Afternoon, sir.

A. Hello.

Q. You have been interviewed before about this by Robert

Ecoffey, haven't you?

A. Pardon.

Q. Have you ever been interviewed by Bob Ecoffey about this

situation?

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

 

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A. Yes.

Q. How long ago was that, do you recall?

A. Probably in the spring.

Q. Looks like there is a report here from a March 13 of

1996, could he have talked to you quite a while ago about all

this?

A. He might of, but I don't really remember that.

Q. Is it possible that Ms. Pictou-Aquash said to your wife

on this trip down to Denver that when she was in Pierre that

the FBI had threatened her?

A. No, I didn't hear nothing like that.

Q. Didn't hear anything at all like that?

A. No.

Q. Never said anything like that to you?

A. No.

Q. Or to your wife in your presence?

A. She wouldn't talk to me, she mostly talked to my wife

Evelyn at the time.

Q. Mostly Anna Mae was quiet on the trip down?

A. Yeah, they just talked about their families, you know,

the kids and stuff. I heard them talking about that when they

first started out. Then after that I couldn't. If they did

say things it didn't mean nothing to me, so I didn't pay

attention.

Q. You don't recall talking then to Mr. Ecoffey back in

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

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