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

THE COURT:  No. I think I had indicated earlier that we would go until 6:00 o'clock.
I would like to see counsel for the defense on a couple of matters relating to witnesses and the counsel for the government are excused at this time then if they wish to leave.
I would ask counsel to approach the bench.
(Whereupon, the following proceedings were had at the bench:)
THE COURT:  I'm a little shocked, I might mention, the witness has not yet been called, has been sitting here for sixteen days and now wants to come someplace other than where she came from. I'd like some explanation for it.
MR. TAIKEFF:  I have no explanation for this because the information which is contained in this memorandum dated April 11th, or is something I learned for the first time on this piece of paper. With respect to her presence here I think her original subpoena date was for the day we expected to begin our case. And once she came here and there was a delay there's no reason to send her back. We thought that it would be a mistake for her to return around and come back and make another return trip.
Now, I interviewed her in connection, I knew the subject {4194} matter of which she was going to testify, and was satisfied and am satisfied that if she could credibility testify to those things and have the competence to testify to those things and it was not hearsay that she would be a valuable witness. But in my opinion she was not able to testify of her own knowledge of the bulk of what she was to be called for. That what she had heard, she had heard from another witness in the case by the name of Norman Charles who is her brother. And she did not have firsthand knowledge. So that her testimony, although on its face apparently very important and very valuable concerning threats to Norman Charles, turned out to be in the main nothing more than what she had subsequently been told rather than what she observed with her own eyes and ears. And I realize that she just could not be put on the stand.

Note: the following  info was released under FOIA and is located on the Leonard Peltier Defense council web site...Joe Stuntz's funeral was the first week of July 75