|
PAGES 106 to 115
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
PAGE 107
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
PAGE 108
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
PAGE 109
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
PAGE 110
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
PAGE 111
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
PAGE 112
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
PAGE 113
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
PAGE 114
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
PAGE 115
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
|