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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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