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PAGE 46

 

A. Are these Polaroid pictures?

Q. I don't know.

A. I can't tell if they are Polaroid or not. I know I took

Polaroid and 35 millimeter, but I did take pictures of the

body like this, yes.

Q. So that would fairly and accurately depict the scene

that were you attempting to preserve by taking those

photographs, would you agree, sir?

A. Yes.

MR. RENSCH: I move admission of Defendant's

Exhibits A through E, Your Honor.

MR. MANDEL: May I see them?

MR. RENSCH: Yes.

MR. MANDEL: No objection.

THE COURT: Exhibits A through E are received.

BY MR. RENSCH:

Q. How far out from around the body did you look for

evidence?

A. Probably maybe around the entire area. Quite a ways.

We went, if I remember, it was like we did a kind of a walking

grid search all around on the upper part, about from there to

the highway back and forth numerous times like in a pathway

trying to find something that might be evidence from the

highway to where the edge of the ravine was.

Q. How about down in the ravine itself, did you likewise

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

 

PAGE 47


search the area of the ravine?

A. Yes, I think I and some investigators looked around that

entire area, around the body, and trying to find anything that

we could.

MR. RENSCH: Nothing further, thank you.

THE COURT: Redirect.

REDIRECT EXAMINATION BY MR. MANDEL:

Q. Just so I am clear, Mr. Merrick. You examined the scene

both at the top of that Bad Lands wall there and at the bottom

where the body was found, correct?

A. Yes, I went up to the top and I looked down and I looked

down, I looked up, I looked as much as I could.

Q. The body wasn't discovered until February 24th, is that

correct, sir?

A. Yes. Right in that neighborhood, yes.

Q. Here is my question. Is it possible as you are up on

the road there on Highway 73 to see that body from the road

anywhere?

A. No.

Q. Where would you have to be to see it?

A. You would have to be on the opposite side of the ravine

or up in a high upper area to be able to look down toward it.

You wouldn't be able to see it from the highway, no.

Q. Is it a fairly remote location?

A. Yes.

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

 

PAGE 48


MR. MANDEL: Nothing further, Your Honor.

THE COURT: Anything further?

MR. RENSCH: Nothing further.

THE COURT: Thank you, you may step down. Well, is

your next witness a shorted one or a long one.

MR. MANDEL: I have one that is, be pretty short,

Your Honor.

THE COURT: Call your next witness.

MR. MANDEL: United States would call Jim Glade,

Your Honor.

(Bench Conference)

MR. McMAHON: Your Honor, may we approach?

THE COURT: You may.

MR. McMAHON: We forgot to visit with you about a

sequestration order, but we are agreed. None of our witnesses

have been in here, I don't know about his.

MR. RENSCH: I don't even know what mine look like,

but I don't think they are here. And I meant to move for that

as well.

THE COURT: I meant to ask you and I forgot. It is

granted as to each.

MR. McMAHON: Are you going to announce that if

there are any in here they should leave?

THE COURT: Yes.

(End Bench Conference).

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

 

PAGE 49


THE COURT: I am going to enter a sequestration

order. What that means is that if there are any people in the

audience that are going to be witnesses or might be witnesses

in the case, then you have to step out. You can't stay during

any proceedings. If anybody is in the audience that is going

to be a witness, because if you don't step out and you become

a witness, you might not become a witness, because I might not

let you testify. That's what a sequestration order does.

Alright, proceed.

JAMES GLADE,

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

said as follows:

DIRECT EXAMINATION BY MR. MANDEL:

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

A. James Glade.

Q. What is your occupation, Mr. Glade?

A. I am a range land management specialist with the Bureau

of Indian Affairs at Pine Ridge.

Q. What is the spelling on your last name, sir?

A. G-L-A-D-E.

Q. What are your duties there in that capacity, Mr. Glade,

what kind of things do you normally do?

A. Well, I take care of the grazing permits, the land

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

 

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schedules that go with the permits, contracts.

Q. As such are you familiar with the land status of various

lands located on the Pine Ridge Indian Reservation?

A. Yes.

Q. Sir, I am going to show you a photograph, if you could

look at. It will come up on that screen to your right there.

Sir, I am going to ask you if you have seen that before and if

you are familiar with that particular area?

A. Yes.

Q. Sir, I am showing you what's been marked as Exhibit 8

already and admitted into evidence. Now can you tell us first

of all what the location of that particular piece of land is

generally speaking?

A. It is on the reservation on the highway between Martin

and Kadoka.

Q. Is that highway state Highway 73?

A. Yes.

Q. How far is that from the junction of Highway 44 and

Highway 73, if you follow the road?

A. About 3.3 miles.

Q. Sir, would that be to the north of Highway 44?

A. Yes.

Q. You see in about the center of that photograph, sir,

there is a white rectangular area?

A. Yes.

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

 

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Q. Have you been out to this particular scene to view this area?

A. Yes.

Q. As part of your duties did you check on the land status

of this particular location, sir?

A. Yes.

Q. Can you tell us what the status of the land is there?

First of all, is that land located within the confines of the

Pine Ridge Indian Reservation?

A. Yes.

Q. And is that land that is held in trust?

A. Yes.

Q. When we say land that is held in trust, sir, what does

that mean?

A. That means that it is held in trust by the United States

for an individual or a tribe.

Q. For an individual Indian person or a tribe?

A. Yes.

Q. Is that land ranched by a particular individual that you

are familiar with?

A. Yes.

Q. Who would that individual be, sir?

A. Roger Amiotte.

MR. MANDEL: No further questions, Your Honor.

THE COURT: Cross.

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

 

PAGE 52


MR. RENSCH: No questions, Your Honor.

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

Mr. Glade. Now we will go in to recess unless you have

another short witness.

MR. MANDEL: Not that short, Your Honor.

THE COURT: Now I want to give the jury some oral

instructions. This is the end of the first day of trial, and

you are going to go home and your neighbor or your significant

other, or your spouse, your children, parents, your friends,

whomever you have contact with is going to know you came here

to jury duty. Naturally the first question they are going to

ask you is well did you get picked? The answer is yes. But

then the next natural thing they are going to say, well, what

is it about, they are going to want to talk to you about it.

Well, you can't talk to them about it. The problem is that

you start talking about it at all and you are on kind of a

slippery slope. You know, they haven't heard any of the

evidence, they might have read something in the paper, they

might have heard something on the news. But remember we don't

decide these cases based on that, we decide the cases based

upon what you hear from the witness stand, the Exhibits that

are received into evidence, and also the instructions on the

law that I give you, and all of the rest of it is not

material. That's part of your oath as judges of the facts.

So you can't talk to anybody at all about the case. You can't

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

 

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talk to each other about it either, because the only time you

can talk to each other about the case is when all the evidence

is in, the lawyers have argued at the end of the case. That's

not evidence, only to help you in looking at the evidence.

And you have heard my instructions on the law, which are much

more detailed than I have given you already, it's only then

you can deliberate on the case. Don't dig out an old law book

or anything, do any independent research, do any factual

reading and going back and looking at the newspaper or

anything like that. Likewise don't make up your mind about

the case. Wait until you have heard all of the evidence and

you have deliberated, that's when you should make up your

mind, not until. So thank you very much for your service, we

will start again at nine o'clock tomorrow morning. Thank you,

please stand for the jury.

( Jury Leaves at 5:00 ).

THE COURT: Counsel to stay. Please be seated. I

am not shopping for bringing anything up, but my only point is

if there is something, anything that is brought up, I would

like to have it brought up now rather than tomorrow morning,

because, as you know, Judges like to be able to think about

things. I am not aware of anything, I am just telling you

that. That doesn't mean if something comes up you can't bring

it in in the morning, it's just that I have a strong

preference for getting it now. If there is anything, I would

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

 

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like to hear about it.

MR. McMAHON: I am not aware of anything.

MR. RENSCH: I am not either.

THE COURT: That's great, see you in the morning.

We are in recess.

(9:00 a.m., 2-4-04.)

THE COURT: Bring in the jury, please. Good

morning. Call your next witness.

MR. MANDEL: United States would call Don Dealing,

Your Honor.

DON DEALING,

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

said as follows:

DIRECT EXAMINATION BY MR. MANDEL:

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

A. Donald A. Dealing.

Q. What is your current occupation?

A. I am retired.

Q. Where are you retired from?

A. The FBI.

Q. What years of service did you put in with the FBI?

A. From October of 1970 through April of 1996.

Q. Was all that time spent as a Special Agent for the FBI?

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

 

PAGE 55


A. Yes, it was.

Q. As part of your duties did you at some point become

assigned to work out of Rapid City on the Pine Ridge Indian

Reservation?

A. Yes, I did.

Q. When did you first begin your assignment there, sir?

A. In July of 1975.

Q. While you were there at Pine Ridge did you become

involved in the investigation of a murder that, where the body

was found on February 24, 1976?

A. Yes, I did.

Q. Was that an individual ultimately determined to be Anna

Mae Pictou-Aquash?

A. Yes.

Q. Sir, can you tell us what your first involvement in that

matter was?

A. Well, I actually was the first agent that was present at

the scene of the crime, or the scene where the body was found.

Q. When you were notified where were you, sir?

A. At the police station in Pine Ridge, the BIA police

station.

Q. About how far is it from there to the scene?

A. I really, mileages are not my strong suit. It takes a

while to get there, I don't recall how long it was.

Q. When you arrived at the scene what did you observe, sir?

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

 

PAGE 56


A. There were people there already, and we went to where

the people were gathered, and there was a body laying at the

base of a cliff, if you will.

Q. Did you observe the condition of the body?

A. Yes, I did.

Q. Can you describe to us what the condition was?

A. The skin was black, badly deteriorated. The body was

clothed, but the body itself was in I would say an advanced

stage of deterioration.

Q. In terms of the ability to identify that body, how would

you describe her?

A. I would have to say unidentifiable.

Q. What decision was made then in terms of dealing with the

crime scene and the body, sir?

A. Well, the clothes were gone through, the pockets and

that sort of a thing, to try to find some identification.

There was some jewelry on the body, and we checked to see if

we could remove the jewelry to see if there was a name

inscribed on the back or something like that, and the skin

came off with it, so we left that alone. Took photographs,

and inspected the crime, or inspected the scene.

Q. Was that piece of jewelry a bracelet on one of the

hands?

A. Yes, it was.

Q. Did you then seek to have an autopsy performed in this

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

 

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case?

A. Yes, we did.

Q. Can you tell us what occurred in that regard, sir?

A. There was an examiner from Nebraska that was the person

who was used for that type of activity, and we notified him.

The body was transported to the hospital at Pine Ridge, and

Dr. Brown is his name, he came up and performed the autopsy.

Q. Were you present at the autopsy, sir?

A. No, I was not.

Q. Were you initially assigned this matter as the case

agent?

A. Yes, I was.

Q. What does that mean in FBI terminology?

A. As a case agent, you direct the investigation.

Information comes to the case agent, and you analyze it,

decide what to do next. If you need help, you ask for help,

and that sort of a thing.

Q. Were steps taken to identify the individual whose body

was found?

A. Yes.

Q. Can you tell me what steps were taken, sir?

A. Oh, we did things including contacting other agencies to

see if there was any missing person report filed. We did take

that piece of jewelry and went to stores that handled jewelry

to see if they would recognize it, for instance, and be able

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

 

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to say who, remember who had purchased it. Circulated a

description that we could get from the body, and just tried to

find out who the missing person was.

Q. Were other steps taken to identify the body through

fingerprints?

A. Yes, indeed. During the autopsy we had the coroner

remove the hands so that they could be sent into the FBI

laboratory where they are able to take fingerprint impressions

from dead skin and deteriorated skin.

Q. Did an FBI agent ultimately take custody of those hands

and send them in?

A. Yes.

Q. Who would that have been, sir?

A. That was John Munis.

Q. Did you retain this case, or was the case reassigned at

some point?

A. The case was reassigned fairly quickly.

Q. Who received the assignment then?

A. I can only give you my best recollection, I am not sure

of that. I think it was Bill Wood.

Q. After that did that pretty much end your involvement

with it?

A. Yes.

MR. MANDEL: I have no further questions, Your

Honor.

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

 

PAGE 59


THE COURT: Cross exam.

CROSS EXAMINATION BY MR. RENSCH:

Q. Morning, sir.

A. Good morning.

Q. In 1975 were you a Special Agent for the FBI?

A. Yes.

Q. What did your duties include?

A. As of when I arrived in Rapid City?

Q. Yes, in 1975?

A. General case work. Most of our case work at that time

was down at the Pine Ridge Reservation. I was assigned cases

just routinely for whatever felony types of things, complaints

came in.

Q. Were you in any way involved in the cultivation of

informants?

A. Yes.

Q. How so?

A. As a Special Agent that's one of your duties is to

cultivate informants, try to find places, sources of

information.

Q. Was there any particular program that you were following

in 1975 concerning the cultivation of informants?

A. My answer is no, other than the FBI program.

Q. What is the name of the FBI program?

A. Well, it is just part of a job description.

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

 

PAGE 60


Q. Have you ever heard of COINTELPRO?

A. Yes.

Q. Is that what it is?

A. I frankly don't, I have heard about COINTELPRO through

media and that sort of a thing, but I frankly have never been

involved in whatever that was. So I don't know what that is,

I am sorry.

Q. In 1975 then you had no special training in anything to

do with COINTELPRO, is that your testimony, sir?

A. That's correct.

Q. Were you aware of any other Special Agent or field

officer in this district or in this area, the area of Western

South Dakota, who was involved in that program?

A. No, sir.

Q. Were you aware of the individual named Anna Mae

Pictou-Aquash before her body was discovered?

A. I believe that I knew that there was a fugitive by that

name. It is hard to say when I first heard about that name.

So I would say probably at that date I was aware that such an

individual existed.

Q. Prior to that time how many other cases had you been

involved in where someone's hands were cut off to identify

them?

A. None that I recall.

Q. Since that time how many cases have you been involved

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

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