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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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