US vs LEONARD PELTIER TRIAL TRANSCRIPT EXCERPTS Case Number CR77-3003

RCMP GERALD JAMES YOUNG, FINGERPRINTS

VOLUME 12

MR. CROOKS:  The United States next calls Mr. Gerald Young.
 GERALD JAMES YOUNG
being first duly sworn, testified as follows:
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 DIRECT EXAMINATION
BY MR. CROOKS:
Q  Mr. Young, would you again state your full name for the record, please.
A  Gerald James Young.
Q  And where do you live, Mr. Young?
A  Vancouver, British Columbia, Canada.
Q  What is your occupation?
A  I'm a member of the Royal Canadian Mounted Police.
Q  How long have you been a member of the Royal Canadian Mounted Police?
A  28 years.
Q  Would you explain for the jury just generally what the overall or general jurisdiction of the Royal Canadian Mounted Police is?
A  We're responsible for the criminal code of Canada, provincial statutes and we have authority as peace officers throughout Canada.
Q  As part of your functions, official functions as a member of the Royal Canadian Mounted Police, do you have occasion to take fingerprints impressions of individuals?
A  Very infrequently, but yes.
Q  I hand you Exhibit 38A and ask if you can identify that as a document you've seen before?
A  Yes.
Q  And what is that?
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A  These are fingerprints which I took from a man known to me now as Leonard Peltier on the 12th day of February, 1976 at Vancouver, British Columbia. It bears my signature. IT's written in my handwriting and bears the signature of Leonard Peltier which was placed on this form in my presence.
Q  When was the document prepared?
A  On the 12th day of February, 1976.
Q  And I would ask you whether or not the individual who gave you those fingerprints is in the courtroom today?
A  Yes. I see him seated. He did not have a moustache, though, as I recall, at that time.
Q  You do see him seated. And where is he seated?
A  He's wearing a rather colorful black shirt with stripes across the --
MR. LOWE:  Identification is acknowledged in the courtroom, Your Honor.
THE COURT:  Very well.
Q  (By Mr. Crooks) Would you just very briefly relate to the jury the process by which the ink impressions are made which appear on that exhibit?
A  Yes. I took what we call a portable inking pad with me to the provincial courthouse in Vancouver and with the cooperation of Leonard Peltier I inked his fingers on this pad by rolling the fingers toward the body and placing the impression on the fingerprints form.
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Q  And there are divisions in the form, are there not, for individual fingers?
A  For each finger on each hand; yes.
Q  And do the small blocks on Exhibit 38A represent the impression of the finger indicated in that particular block?
A  That's correct.
MR. CROOKS:  United States will offer Exhibit 38A.
MR. LOWE:  May I just have a moment to look at it, Your Honor?
THE COURT:  You may.
MR. LOWE:  May we approach the bench.
(Whereupon, the following proceedings were had at the bench:)
MR. LOWE:  I gather that what the government wants really is the prints because the writing down here we find objectionable and particularly point out these words right in the last line. I don't know the government is really interested in introducing those. We'll stipulate, agree this was the fingerprint set taken by him on that date, will be no challenge of that.
MR. CROOKS:  Counsel is completely correct. The only purpose of putting this in is the fingerprints. If Counsel is willing to stipulate these are in fact Leonard Peltier's fingerprints, then we would suggest simply cutting or blocking off the bottom part below the signature line and {2499} we have no problem with that.
THE COURT:  Very well.
(Whereupon, the following proceedings in the courtroom in the hearing and presence of the jury:)
MR. LOWE:  Your Honor, the defendant has no dispute over the fact this is the set of Mr. Peltier's prints and subject to the record, we have no objection to it being admitted as such and there is no dispute about that being a set of his prints.
THE COURT:  Very well, what is the number of that exhibit?
MR. LOWE:  Exhibit 38A.
May we approach the bench?
(Whereupon, the following proceedings were had at the bench:)
MR. LOWE:  I believe we would so stipulate.
MR. CROOKS:  I just state if Counsel could stipulate because if not then this becomes important to this man's identification.
The only thing I have, I was going to cut it off, it occurred to me maybe this is this man's record. I would prefer to cover it.
MR. LOWE:  If you send it back to the jury, I'm not sure that's a good idea, they may become --
MR. CROOKS:  Can ask the witness.
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MR. LOWE:  We can work it out to the satisfaction of the Court. There is no dispute these prings, the question of what to do about the bottom is not necessary to deal with this witness on the witness stand.
MR. CROOKS:  The only concern I have, I might be destroying his evidence or something.
MR. LOWE:  We can work that out after he's off the witness stand.
THE COURT:  It will be received.
MR. LOWE:  The top.
THE COURT:  The top.
MR. LOWE:  Roughly 60 percent.
THE COURT:  Counsel will work out with the witness how the lower half may be excised.
(Whereupon, the following proceedings were had in the courtroom in the hearing and presence of the jury:)
MR. LOWE:  We have no questions for this witness, Your Honor.
THE WITNESS:  May I be excused, Your Honor?
MR. CROOKS:  Could you consult with us.
With the stipulation of Counsel, 38A being the fingerprints of Leonard Peltier, the United States will detach the descriptive data which is part of the exhibit, if that's satisfactory with Counsel.
THE COURT:  Counsel, will you respond to the inquiry {2501} of the United States Assistant U.S. Attorney.
MR. LOWE:  I'm sorry.
THE COURT:  He just wants for the record your concurrence in removing the lower part of that exhibit.
MR. LOWE:  We do concur it contains matters which don't relate to the trial in any way.
THE COURT:  Very well.