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way you can, and development of informants is one tool that is utilized by law enforcement, yes, sir. Q. Now in December of 1975 there were informants within the American Indian Movement, were there not, sir? A. I don't personally know that, no. Q. You didn't receive any information in December of 1975 from any informant of the FBI about the circumstances surrounding Ms. Aquash's death, did you? A. No, sir, I did not. Q. Did you personally handle any informants in December of 1975? A. Yes, sir, I think I probably had some informants at that time. Q. Did any of your informants include an individual by the name of David Hill? A. No, sir, that name is not -- no. Q. Are there different levels of labels given to people who give information to the FBI? A. Different levels? Q. Of labels, is there a difference say between an informant and a cooperating witness? A. Yes, sir. Q. Is there a term given to a person who might provide a small tip about something to the FBI? A. Yes. JERRY J. MAY. RPR, CM 400 South Phillips Avenue, #305A
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A. Well, it could be considered an informant. Q. What is an operative? A. I don't know how you are using the term, sir. Q. Well, I want to talk about how the FBI would have used the term in 1975? A. That term was not a commonly used term at that era as far as I recall. Q. In December of 1975 were you personally in contact with or receiving information from any known operative of the FBI within the American Indian Movement? A. No, sir. Q. Do you know what COINTELPRO is, sir? A. I have heard the term. Q. Did you receive any special training while were you a Special Agent with the FBI? A. Special training in what? Q. COINTELPRO? A. No, sir. Q. Did you ever take active efforts to snitch jacket a person? A. To do what? Q. Snitch jacket a person? A. I don't know how you are using that term, sir. Q. Did you ever take active efforts to start rumors that JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
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A. Absolutely not, no. Q. Were you ever trained in any way to have informants or operatives say that people who weren't really informants were informants to create dissension within the American Indian Movement? A. As far as I know that wasn't a technique that was used. Q. Did you ever do that? A. No, sir. Q. Now you knew that Ms. Aquash was approached by the FBI and they wanted her to be an informant, did you not know that, sir? A. No, sir, I did not. Q. You were not involved in that at all? A. No, sir, I was not. Q. Did you have a partner in the FBI? A. We would partner up from time-to-time. We would ride with various individuals, but to have an assigned partner at that time, no. Q. Was David Price a person you would ride with from time-to-time? A. Yes, sir. Q. He is also an FBI agent? A. Yes, sir. Q. Were you ever present when he attempted to have JERRY J. MAY. RPR, CM 400 South Phillips Avenue, #305A
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A. No, sir, I was not. Q. Were you ever instructed by him to try to recruit Ms. Pictou-Aquash to be an informant? A. No, sir, I was not. Q. Did you ever take part in steps to damage the reputation of people who refused to become informants? A. No, sir. I mean that wasn't a part of what we did. Q. So back in 1975, as far as you know, there was no effort by the Federal Bureau of Investigation to plant rumors and create dissension within the American Indian Movement, is that your testimony? A. I never did that, and I don't know of anyone else that was doing that. Q. Were you ever a party to that being done to the Black Panthers? MR. MANDEL: Objection, relevance. THE COURT: Sustained. BY MR. RENSCH: Q. What was it you were looking for with the metal detector, sir? A. Any metal, any other bullets or shell casings, just a routine. Q. Why would it be important to find bullets if they were in the ground near a person's body? JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
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a number of different things, but we wouldn't know that until we had solved the case. I mean it is just an investigative tool to find anything that might, specially in a situation like that where it had been some time since the incident had occurred, at least a month or two, and not knowing exactly how long it had happened. It would also be to find any other pieces of evidence. There could be bracelets, or jewelry, or something like that. There could be all kinds of things, metal things out there that could be beneficial to the solving of the case. Q. Other than the body, and what was inside the body, and some hair strands that were found on the embankment, did you find any other physical evidence whatsoever which told you what happened at the scene when this poor woman was killed? A. No, sir. MR. RENSCH: Thank you, sir, nothing further. THE COURT: Redirect? MR. MANDEL: No further questions, Your Honor. THE COURT: Thank you Mr. Wood, you may step down. Call your next witness. MR. MANDEL: United States would call Evan Hodge, Your Honor. EVAN HODGE, JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
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said as follows: DIRECT EXAMINATION BY MR. MANDEL: Q. Sir, could you state your name, please? A. My name is Evan Hodge, E-V-A-N, H-O-D-G-E. Q. What is your current occupation, sir? A. I am retired. Q. Can you tell us what your previous work background is? A. I retired earlier this, earlier last year from the Vermont State Police Forensic Laboratory where I worked for approximately fourteen years after my retirement from the FBI laboratory in 1988. Q. How long were you with the FBI laboratory, sir? A. Approximately 26 years. Q. Can you tell us what your duties were there at the FBI laboratory? A. I retired as the chief of the firearms and tool mark identification unit. I was prior to that a firearm and tool mark examiner. Q. That would have been for the entire time you were there at the lab? A. Well, from 1970. I spent a short period of time in the field in 1969 and 1968. Prior to that I was a technician in the FBI laboratory prior to becoming an FBI agent. I returned JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
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I retired. Q. Was one of your duties to perform ballistic examinations, sir? A. Yes, sir. Q. Can you tell us, did you have specialized training in order to be able to do that? A. Yes, I did. Q. What was that? A. Well, as I said a moment ago, I did have approximately five years in the firearms and tool marks unit as a support technician, which pretty well taught me the expertise of firearms and tool marks identification. When I returned as an agent I went through the formal aspect of training which would include reading whatever literature that I didn't read, and going through a series of moot courts, and visiting various firearms manufacturing facilities to see exactly how guns were made. Q. Was there also educational background regarding this, sir? A. Well, I did, I have a Bachelors Degree and my undergraduate studies were engineering and business administration. I also have a Masters Degree in forensic science, but I earned that degree after I returned to the laboratory. JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
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are able to determine through ballistic examination? A. Well, if we are talking about strictly a bullet, you look at the bullet, you can determine its caliber, you can perhaps determine who made the bullet. You can determine the type of rifling in the gun barrel from which it was fired, and if the rifling impressions in that bullet are sufficiently detailed, you can identify it with the gun from which it was fired if you have that gun. Q. So did you conduct an investigation as to some ballistic evidence in a case that involved the death of Anna Mae Pictou-Aquash? A. Yes, sir, I did. Q. Sir, I have handed you what's been marked Exhibit No. 33. I will ask you if you recognize that item? A. Yes, sir, I do. Q. Can you tell us what that is? A. This is a lead bullet which I designated as Q 11. It was received by me from Rapid City, South Dakota in March of 1976. Q. Did you conduct an examination of that item? A. I did. Q. Can you tell us what you were able to determine from that examination, sir? A. Very little. Only that it is a 32 caliber lead bullet JERRY J. MAY, RPR, CM 400 South Phillips Avenue, tt305A
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There are no remaining rifling impressions so I could determine the type of rifling in the gun barrel from which it was fired. And that's basically all I could tell was that it was a 32 caliber lead bullet. Q. Were you able to tell anything as to the probable manufacturer of the bullet? A. It looks to me it is most likely of Winchester manufacture. Q. Is it unusual to have that little identifying material or markings on a bullet? A. Not at all. Q. Why not? A. Well, it is soft lead, so that anything that comes, it comes in contact with it will distort the bullet. The other very good reason for not having those marks is the condition of the gun barrel. If the gun barrel was badly rusted, then the bullet may never actually get involved with the lands and grooves in the gun barrel. Or if the barrel was heavily leaded, that could also preclude any markings from the barrel being put on the bullet itself. Q. So beyond the probable manufacturer and the fact that it was 32 caliber, and probably from a handgun, is there anything else you are able to determine, sir? A. No, sir. JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
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correct? A. No, I didn't. Q. If you had a weapon available, would it have been possible to do a comparison based on the condition of this bullet? A. No, it would not. MR. MANDEL: I have no further questions, Your Honor. THE COURT: Cross examine. CROSS EXAMINATION BY MR. RENSCH: Q. The bullet was copper coated, is that right? A. Yes. It is one of the reasons why I would think it is a Winchester. There was copper coating on it. Q. Would a bullet of that type be accurate for thirty feet? A. At thirty feet? Q. Urn-hum? A. That's problematical, I don't know. MR. RENSCH: Thank you. THE COURT: I have a question. Sir, you mentioned revolver, with that were you being specific as to revolver or within that did you mean to include pistol also. THE WITNESS: Normally, Your Honor, I am only going by probabilities here, normally this type of bullet is found in revolver cartridges, which is why I would say revolver. JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
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THE COURT: Thank you, the Court's question give rise to questions by either side? MR. MANDEL: No, Your Honor. MR. RENSCH: No, Your Honor. THE COURT: Thank you, you may step down. Call your next witness. MR. MANDEL: United States would call Kimberly Edwards, Your Honor. KIMBERLY EDWARDS, called as a witness, being first duly sworn, testified and said as follows: DIRECT EXAMINATION BY MR. MANDEL: Q. Would you state your name, please? A. My name is Kimberly Edwards. Q. Where are you employed? A. I am employed by the latent fingerprint unit of the FBI. Q. Where is that located? A. In Quantico, Virginia. Q. Do you have a specific title there? A. My title is physical scientist forensic examiner. Q. And do you specifically do fingerprint work among other things? A. That's correct.
JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #30 5A
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A. Just about four years. Q. Can you tell us what your duties are in that regard? A. I receive and inventory evidence, process the evidence for presence and development of latent prints. I can then compare those prints to the known prints of individuals. Additionally I work with the hands and fingers of unknown deceased in an attempt to effect their identification. Q. How long have you been employed -- excuse me. Give us your educational background, please? A. I received an undergraduate degree in mathematics and biology from the University of Virginia, Masters Degree from University of Maryland at College Park in biological resources and engineering. Q. Did you also receive specific training regarding fingerprints? A. I did. I completed a two year training program with the latent fingerprint unit with the FBI. Q. So we understand, although I think we do, explain to us what a fingerprint is as it is used forensically? A. On the palmar side of the hand and soles of your feet there is raised portions of skin, this is known as friction ridge skin. A fingerprint is typically what is indicated as the friction ridge skin that is present on the end joint of the finger, usually recorded in black ink, and rolled across a JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #30 5A
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Q. Is there a specific methodology that's used to compare fingerprints? A. We utilize a methodology known as ACV, which stands for Analysis, comparison, verification. The analysis portion we look to see what identification is present in a print, the ridge flow, pattern type, and presence of characteristics such as the end of a ridge, dividing ridge and a dot. The comparison portion we look at both prints to see if the same information is present in the both prints with out an explainable difference. In the evaluation phase we make a determination if the two are from the same source. The last step, the verification phase, a second qualified examiner reviews the identification. Q. Can you tell us what the basic factors are in the use of fingerprints as a means of identification? A. Fingerprints are both permanent and unique. They are permanent in that they form prior to birth and remain consistent throughout an individual's life barring any deep scarring. They are unique in that the environmental and genetic factors influence the formation of the friction ridges and thus are unique to an individual. Q. I believe you indicated that one of the things you specialized in was the identification of individuals who were deceased? JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
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Q. Can you tell us if there are particular problems that arise obtaining fingerprints from deceased individuals in general? A. Well, there is a number of issues relative to the condition of the hands or fingers of an individual based on how long that person has been deceased, or where the body was located. Q. What types of problems? A. Those factors might involve if they were in a very dry or, dry area, then the fingers could be almost mummified. If it is in a humid or wet area, they may decompose much faster. If they are water logged or burned, that also can be a factor in the condition of the fingers. Q. Are you familiar with a technique whereby the hands of the decedent are sometimes severed and sent in to the lab in an effort to effect an identification? A. Yes. Q. Have you ever had the circumstance to work on any hands in that situation? A. I have. Q. On how many occasions? A. Approximately I would say three or four times that's occurred. Q. In total how many such identifications does the FBI JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
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A. The laboratory receives about nine to ten sets of hands or fingers per year. Q. And particularly why is that technique used, what is the purpose of that, what does it enable you to do that couldn't other wise be done? A. We have the necessary tools and chemicals that we can use in order to deal with hands or fingers that may not be in optimal condition. The ideal condition would be you could actually take the finger and record it, but due to the factor I mentioned earlier, sometimes it's a little bit more difficult. And we have a number of procedures and techniques that we can follow to aid in the recording of the friction ridges on the skin -- that's on the fingers, excuse me. Q. Obviously you were not working for the FBI laboratory 28 years ago? A. No. Q. But did you review the file that was done in terms of the identification of Anna Mae Pictou-Aquash? A. I did. Q. I will ask you first of all if you can tell from your review what took place in that case to effect an identification? A. Yes, I was able to do that. Q. What was that? JERRY J. MAY, RPR, CM 400 South Phillips Avenue, #305A
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