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PAGES 326 to 340

 

 

PAGE 326

 

A. That's right.

Q. Could have been stopping to get something to eat?

A. I think if it had been that, I knew Ted fairly well, I

knew Web, I think if it had been something like that they

would have said Candy, you better come in and eat, you better

come in and get a cup of coffee, if it had been that casual.

Q. Even if they didn't talk to you on the way down?

A. Sure. I mean they may have talked among themselves.

Q. Well, the reality of it is you don't have the slightest

idea what happened in that house, would you agree?

A. That's right.

MR. RENSCH: Nothing further, thank you.

MR. MANDEL: Nothing.

THE COURT: You may step down.

MR. McMAHON: Call Jeanette Eagle Hawk.

JEANETTE EAGLE HAWK,

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

said as follows:

DIRECT EXAMINATION BY MR. McMAHON:

Q. Would you tell the jury your name, please?

A. Jeanette Eagle Hawk.

Q. Where do you live?

A. I live in Manderson, South Dakota.

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


PAGE 327

 

Q. I am going to take you back a ways, back into the

seventies. Can you tell me where you were living then?

A. Back in the seventies I was living, I was working as a

legal worker in Oglala, South Dakota.

Q. Who were you working as a legal worker for?

A. The Wounded Knee Legal Defense-Offense Committee.

Q. What is your employment now?

A. I work for the Oglala Sioux Tribe.

Q. In what capacity?

A. I am the community relations person for the tribe.

Q. What type of work did you do for what is -- that's known

as WKLDOC, isn't it?

A. Yes.

Q. What type of work did you do for them?

A. I work basically as a legal worker. Whenever they

called us we would go out and interview people and take their

statements.

Q. And you were based out of Oglala?

A. Yes.

Q. Did you actually have an office down there?

A. Well, it was, yeah, it was a house. It was a house, but

there was a office there.

Q. Who did you work with?

A. I worked with Candy Hamilton, Charlie Long Soldier.

There was various other people, but I don't know their last

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

 

PAGE 328


name.

Q. Did you know Arlo Looking Cloud?

A. I know Arlo. He was, they had a relationship, him and a

friend of mine, and that's how I know him.

Q. Were you active in the American Indian Movement?

A. Yes, I was.

Q. Did you ever see Mr. Looking Cloud at any of those

events?

A. Well, I have seen Arlo, but I haven't personally know

him or spoke with him. You know, I wasn't, you know, I just

seen him around.

Q. So you just saw him at some of the events, but you

didn't really speak with him?

A. Yes.

Q. I want to call your attention to December of 1975,

particularly around December 10th. Did you have an occasion

to go to the WKLDOC office in Rapid City?

A. Yes.

Q. And why were you going there?

A. Well, the reason why we went there was whenever we go

out and we do interviews with people, we take their statements

down, we usually bring them up to Rapid City to the office up

here.

Q. Was that more of a main office?

A. Yes.

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

 

PAGE 329


Q. And did anyone travel with you?

A. Yes.

Q. Who was that?

A. Candy Hamilton and Charlie Long Soldier.

Q. Do you remember, did you go to the WKLDOC office then in

Rapid City?

A. Yes.

Q. I have put up Exhibit 35. That has been identified as

showing at the back of the WKLDOC office. Do you recognize

that?

A. Yes.

Q. When you went to the office on December 10th of '75,

approximately what time of the day did you arrive?

A. It was in the evening, late evening when it was dark.

don't know the time, but it was dark.

Q. Which door did you go in?

A. We went in through the kitchen door, which was in the

back.

Q. So is that the door that we see there?

A. Yes.

Q. Who went into the house?

A. Well, basically it was all three of us that went in, but

it was Candy and Charlie that went in first, and I was kind o

going in last.

Q. When you come in the back of the house, what is the

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

 

PAGE 330


first room that you get in to there?

A. There was a crawl space. There wasn't, you know, it

wasn't a small crawl space, but an area you go in through the

back door and it was right there, and then on the side was the

kitchen.

Q. Where did you go?

A. When I walked in I went in through the kitchen, in the

kitchen. I went into the kitchen, and it was all dark in

there. The lights were turned off.

Q. Did you go any further into the house?

A. No.

Q. Why not?

A. We were informed that we weren't supposed to go into the

other parts of the house.

Q. Had you ever been prevented from going in to other areas

of the house prior to that?

A. No.

Q. So what did you do then?

A. Well, I stayed in the kitchen, because we weren't

allowed to go into the other areas of the house.

Q. Did you see anybody else walking around in the kitchen

or the other areas?

A. Well, there was people in the kitchen, but I don't know,

I can't remember who they were. But when I went in, when I

peeked into the other room, which was a larger room past the

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

 

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kitchen, I seen people in there.

Q. Do you remember who any of them were?

A. Yes.

Q. Who?

A. I saw Thelma.

Q. Thelma who?

A. Thelma Connor.

Q. Also known as Thelma Rios?

A. Yes. And I seen Bruce Ellison, and I seen Clyde.

Q. Clyde who?

A. Bellecourt.

Q. Okay?

A. I also seen Laurelie and Ted, and I also seen several

legal workers.

Q. When you say Laurelie and Ted, are you talking about

Laurelie and Ted Means?

A. Yes.

Q. Did you stay at that house that evening?

A. Yes.

Q. Where did you stay?

A. We stayed in the kitchen area in the small crawl space,

we slept back there.

Q. Who slept back in that small crawl space?

A. Me and my son.

Q. Were you ever allowed that evening to go beyond the

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

 

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kitchen space?

A. Just for a little while.

Q. When you did that, did you see anyone other than who you

have already identified?

A. No.

Q. Did you see, ever have an opportunity to see if Anna Mae

Aquash was there?

A. No, I never knew, but later on that night Charlie Long

Soldier told me that --

MR. RENSCH: Objection, hearsay.

THE COURT: Sustained.

BY MR. McMAHON:

Q. The following day did you leave the WKLDOC office?

A. Yes.

Q. Where did you go to?

A. We went back to Oglala.

Q. At any time did anybody talk to you about what was going

on there at the house the prior evening?

MR. RENSCH: Same objection, Your Honor.

THE COURT: Overruled.

BY MR. McMAHON:

Q. You can answer that yes or no.

A. What was it again?

Q. At any time did anybody tell you what was going on at

that house the prior evening?

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

 

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A. Later on, yes.

Q. Later on that day, or later on after you had left?

A. Later on that same night.

Q. And was that the conversation you were going to relate

that Charlie Long Soldier told you?

A. Yes.

MR. McMAHON: That's all I have at this time. Your

Honor.

THE COURT: Cross.

MR. RENSCH: I have no questions.

THE COURT: Thank you, Ma'am, you may step down.

Well, is your next witness short or long?

MR. MANDEL: Guessing about fifteen, twenty minutes

THE COURT: Call your next witness then.

MR. MANDEL: United States would call Cleo Gates,

Your Honor.

CLEO GATES,

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

said as follows:

DIRECT EXAMINATION BY MR. MANDEL:

Q. State your name, please?

A. Cleo Gates.

Q. Where do you live?

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

 

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A. I live in Manderson, South Dakota.

Q. What do you do down there?

A. I work at the school, I am the payroll accountant.

Q. How long have you been working there?

A. About eight years.

Q. You lived on the Pine Ridge Reservation all your life?

A. Yes, I have.

Q. Back in 1975 where were you living?

A. Allen, South Dakota.

Q. Who were you living with at that time?

A. With my husband.

Q. Who was that?

A. Dick Marshal.

Q. How long had the two of you been married?

A. Oh, geez. Probably about six years then.

Q. How long did you remain married?

A. We remained married about four years after that.

Q. Were you living in the housing area there in Allen?

A. Yes, we were.

Q. Was anybody else living in the house with you at that

time?

A. Our children.

Q. How many kids did you have back then?

A. Two.

Q. How old?

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 eight and five. Eight or nine, something like

that.

Q. Was that a period of time when Dick got in to some

trouble?

A. Yes.

Q. Can you just tell us briefly what kind of trouble he got

involved in at that time?

MR. RENSCH: Objection, relevance and 403, Your

Honor, and can we approach?

THE COURT: You may.

(Bench Conference).

MR. RENSCH: He is going to get in to some matters

where Dick Marshal was charged with murder as result of a

shooting that occurred in the Scenic bar. He defended the

case on the theory of self defense. Our position referring in

any way to the fact that her husband was charged with a murder

would be more prejudicial than probative, and doesn't have any

place, and would make it appear as though this defendant is

going over to a person's house who later was convicted of

murder. From that standpoint it is very prejudicial, I object

to it.

THE COURT: What's the relevance, if that is what

you are going in to?

MR. MANDEL: Probably not going to much detail on it

other than that it happened in the same time period, that that

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

 

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is ultimately why they got divorced, just background.

Frankly, I am not going into the details of the shooting or

his --

THE COURT: What does the shooting have to do with

anything?

MR. MANDEL: I said I don't intend to go in to

anything.

THE COURT: Without going in to it then it is a moot

issue.

MR. RENSCH: I am afraid the witness will slip and

say something about that. The way the questions are being

broadly framed she could do that. If the prosecutor could

instruct her not to bring that up, I would appreciate it, and

I would request it.

THE COURT: I think you can frame the questions so

you don't get in to it, alright.

MR. MANDEL: Okay.

(End Bench Conference).

BY MR. MANDEL:

Q. I want to draw your attention to early December to mid

December of 1975. Were you and Dick both together at home at

that time?

A. Yes.

Q. Do you remember a night when some people came to your

house?

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

 

PAGE 337


A. Yes, I do.

Q. Particularly do you remember a night when Anna Mae

Aquash arrived at your house?

A. Yes, they told me that the girl was Anna Mae Aquash.

Q. Prior to that time you didn't know her?

A. No, I didn't.

Q. Can you tell us first of all who arrived at your house

and when they arrived?

A. I think it was before midnight, it was after 11:00, we

had gone to bed, and it was Theda Clark, Arlo, and John Boy is

what I knew them by.

Q. Was Theda somebody you had known for a long time?

A. I had known Theda like probably three or four years

before that.

Q. What about John Boy?

A. I knew him in passing. I had seen him at different

activities, pow-wow's or whatever, and that's how I knew him.

Q. Do you recognize him seated here in the courtroom today

A. Oh, geez. I don't know, he was a young, really young at

the time.

Q. Anyhow, and what about John Boy, how did you know him?

A. I thought you asked me already about John Boy.

Q. I am sorry, Arlo you said?

A. I knew Arlo through my brother. My brother Joe Morgan.

I knew Arlo was from Wounded Knee, about nine miles from where

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

 

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I live, but I didn't know him growing up, I just knew him from

my brother Joe.

Q. And if I misspoke before, let me ask you, do you

recognize Arlo seated here in the courtroom today?

A. That's Arlo. I recognize Arlo.

Q. Can you tell us where he is seated and what he is

wearing?

A. Arlo is seated right there.

MR. MANDEL: I ask the record reflect the witness

pointed to the defendant.

THE COURT: It may.

BY MR. MANDEL:

Q. When they came over what took place?

A. They came in and they brought the girl in, and she sat

on the chair in the living room, and they went into the

bedroom with my husband.

Q. They meaning who?

A. Arlo, John and Theda.

Q. Anna Mae stayed out with you?

A. Yes, she did.

Q. Can you tell us anything about what you noticed about

her at that time?

A. Well, she was real quiet. I asked her if she wanted

coffee, because we, there was food and I thought maybe she

might be hungry. She had a cup of coffee I think, and she

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

 

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might have ate a donut and that was it, and she didn't offer

any conversation. Actually I didn't know her, so I wasn't

really sure what to say to her myself.

Q. Did you notice what she was wearing?

A. It was cold out and she had a jacket on and I would say

it was like a knee length, it was a light colored jacket, but

I didn't notice the clothing that she was wearing.

Q. I am going to show you what's been marked Exhibit 4 and

ask you to take a look at that. Are you able to recognize any

of her clothing in that photograph?

A. No, I don't.

Q. You just don't recall?

A. She doesn't have the jacket on. It was like a warm

jacket that she had on, a heavy jacket.

Q. Was there some request made of you and Dick that evening

by these people?

A. Well, they came in and they went, they came out of the

bedroom and called me in the kitchen and he said they want us

to keep her here.

Q. Who said that?

A. Dick. I said what for? I don't know, just keep her

here. And I said no.

Q. You refused to allow them to do that?

A. Right.

Q. How come?

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

 

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A. Because I had, this was Anna Mae, and I had heard just

different things going on on the reservation, and I didn't

want to be any part of it.

Q. What kind of different things were you aware of?

A. Well, people were saying that Anna Mae was an informer.

I never knew her myself, so I didn't, wasn't sure. So I just

told Dick no, I said I don't think we should.

Q. Were you and Dick both AIM members at the time?

A. Yes, we were.

Q. What happened when you refused to keep her there?

A. Dick went back and told them and they left. They

weren't there very long.

Q. About how long altogether?

A. I would say maybe a half hour maybe.

Q. They say anything about where they were going?

A. No, they didn't, not to me.

MR. MANDEL: No further questions. Your Honor.

THE COURT: You may cross examine.

CROSS EXAMINATION BY MR. RENSCH:

Q. Morning, Ma'am.

A. Good morning.

Q. You knew Theda before that date, did you not?

A. Yeah, I knew Theda, who she was.

Q. I think you testified at your grand jury she was kind of

pushy?

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

Pages 341 ~ 355 >>