US vs LEONARD PELTIER TRIAL TRANSCRIPT EXCERPTS Case Number 77-3003

US GOVERNMENT OPENING REMARKS

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WHEREUPON,
 the following proceedings were had and entered of record on Wednesday afternoon, March 16, 1977 at 3:10 o'clock P.M., the jury being present and the defendant being present in person:
  MR. SIKMA:  May it please the Court, ladies and gentlemen of the jury. It's a difficult task which is going to confront you in the next couple of weeks. You are going to have to decide whether or not Leonard Peltier is guilty beyond a reasonable doubt of the charges which the judge just indicated to you. It's a serious charge so you have to be concerned and you have to listen carefully to the evidence. But it's also a very serious matter from the other point of view because there are two men whose lives were taken away while they were 27 and the other 28 years old, two young FBI agents. And as I say this to you, because it's important not only to make sure that you don't convict a defendant when you have a reasonable doubt as to his guilt but it is also important for you to keep in mind throughout the course of this trial that you make sure that justice is done. You cannot waiver from that point of view. You must see that justice is done. So I ask you to keep that in mind as you consider what is happening during the course of this trial. That's an awesome responsibility for you. You must also realize there are human weaknesses and frailties, things that must be taken into consideration. All that will be asked of you is that you do your very best under these circumstances.
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 There's going to be inconvenience, there's going to be time and delay, arguments of Counsel. Throughout the course of the trial government's counsel, defendant's counsel are in an adversary position. This is an adversary proceeding. The government presents its evidence in the light most favorable to the government and the defense presents its evidence in the light most favorable to the defendant.
 Then the judge instructs you on the law. You look at the facts and compare it with the law and you determine whether the government has proven its case beyond a reasonable doubt. While you're taking these matters into consideration, there will be two types of evidence that you're going to consider, or rather three types of evidence. First of all, you're going to listen to the witness' testimony. Then you're going to see exhibits, various exhibits which are offered into evidence. Then you're going to hear about stipulation.
 Well, stipulations are things that the government and defense agree upon. There are some things that the government and the defense counsel all agree upon. We have established certain lines which we will confront each other on certain types of evidence. So one of the things that's not evidence is what I say to you right now. This isn't evidence. But this is what I expect as an advocate, what I expect the evidence is going to show.
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 Now I'm not going to be able to tell you all the evidence which I expect to come in and I can't read minds and I can't tell the future so I can't always say what the witnesses are going to say to you during the course of this trial, so you keep that in mind. Just remember those things.
 You remember that what I say during the course of this trial, what defense counsel says is not evidence. Listen to what the witnesses have to say.
 The government's contention when you listen to the evidence will prove the defendant's guilt beyond a reasonable doubt.
 The defendant is charged with a crime, with two offenses:  first degree murder, the murder of Ronald A. Williams, special agent of the FBI, while he was in the course of his duties as an agent. The other charge is first degree murder of Jack R. Coler while Jack R. Coler was in the official capacity as an FBI agent carrying out his sworn duty.
 Let me tell you a couple things first about Ronald Williams. Ronald Williams is a native of Los Angeles. He was 27 years old at the time he died. Ronald Williams was sent to Rapid City as a special agent of the FBI a couple years prior to the time that he died. A couple months before he was killed he was assigned to the Pine Ridge Indian Reservation.
 Jack Coler was also from Los Angeles, California. He was 28 years old at the time he died. He was also a special agent {6} of the FBI. He was assigned to Denver, Colorado. That was his permanent assignment, but because of the case load, I believe the evidence will show that he was sent to Pine Ridge, South Dakota to work on some of the cases on the Indian reservation.
 Now the FBI has the responsibility of investigating major crimes on the reservation. Among them the crime of robbery, crimes of burglary, the various felony crimes.
 On the 24th of June, 1975, Ronald Williams and Jack Coler were assigned the case of James Theodore Eagle. James Theodore Eagle was at that time on the reservation and he was charged with a crime of robbery. Since there was a Warrant outstanding, it was their duty to find James Theodore Eagle.
 Now if I may for a moment to give you some idea of the areas involved, the map on the right, the large map is an area which is on the Pine Ridge Indian Reservation in South Dakota. It is the general area where the crime took place. This is the area, as you can see a thing here that says, "Coler's Car." And you'll see an arrow there that says, "The bodies of William," and, "SA Williams and SA Coler."
 This is a larger map of the western part of the United States and a small part of Canada. We will be using this during the course of the trial. The purpose of using these maps is because the evidence is very great. It's an area which you're undoubtedly all unfamiliar with and we're going to use this as an aid to you during the course of the trial.
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 While these maps will be available to you and so forth, they are not as such items which were found or items which were part of the criminal investigation.
 The Pine Ridge Indian Reservation where this took place is located here in the southwestern part of South Dakota. As you will notice, it is about 100 miles southeast of Rapid City, South Dakota.
 The agents on the 25th were working in the town of Pine Ridge and another town of Oglala, South Dakota.
 If you look at this map, you'll see here this is an area going towards the north. Now in most cases the map would be on ends like this and you can see it's going to be large enough and so you will be able to see the map that you have to have it somewhat larger than it is and by having it a rectangular map in this manner, we can't, we have some of the exhibits too high so it's easier for us to place this map in a manner like this. Keep that in mind and it will keep you some, give you the idea of the directions involved.
 Highway 18 will be discussed a lot during the course of this trial. You will notice here that the Jumping Bull Hall, see this, "Jumping Bull Hall," this area on the map is generally known as the property of Harry Jumping Bull. Highway 18 runs past Harry Jumping Bull's property.
 To the northwest Oglala, South Dakota is located, about 3.3 miles. Pine Ridge is located 12.2 miles to the southeast of the Jumping Bull Property.
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 Now on the date in question, or before the date in question, on the 24th to be exact, James Theodore Eagle and three companions were charged with a felony offense as I stated earlier.
 At that time a Warrant went out for their arrest. Two of the other individuals were arrested and Agents Williams and Coler were assigned to look for James Theodore Eagle.
 I believe the evidence will show that James Theodore Eagle had been seen in the area of the Jumping Bull property.
 Now you'll notice that there are one, two, three, four houses here. The evidence I believe will also show that in the back area, there's an area back here to the southeast of the Jumping Bull's main residence which is a wooded, in a wooded area which had a number of tents and I believe the evidence will show that the defendant and his companions were staying in this area for a couple of weeks prior to the date of the 26th of June.
 Now I believe the evidence will show that Jimmy Eagle was observed in this general area and consequently Special Agents Williams and Coler went to look for him on the 25th, the day before the date of the murders.
 On the evening of the 25th they appeared there. I believe the evidence will show that they could not locate him but were advised at that time that he had been there but that he was gone.
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 I believe that the evidence will show that on the next day they once again set out to locate Jimmy Eagle and serve him the rest of it.
 Now this is the time, I remind you, when the defendant and his companions, about twelve of them, were occupying the area in a tent and they were also in the area of these residents from time to time.
 On the afternoon of the 26th of June at about 11:00 o'clock Special Agent Adams, while he was working, assigned to another case in that area, drove into Pine Ridge, South Dakota which I mentioned is about twelve miles to the southeast of the Jumping Bull residence.
 Will he was there he did not speak with Special Agents Williams and Coler but I believe that the evidence will show he was well-acquainted with Special Agent Williams.
 He observed Special Agent Williams talking with another agent and determined that Special Agent Williams was going out to look for James Theodore Eagle and that they were going in that direction.
 Shortly before noon, since he was by himself, he left in the opposite direction to the south to go out to get some lunch. This was about quarter to 12:00 on the 26th of June.
 While traveling in his car he heard a radio transmission and because he knew Special Agent Williams well he recognized his voice and he heard something to say to the effect that they {10} were following a vehicle. It seems that it was a red and while vehicle of some kind; that he heard other communications which indicated that they were still following the vehicle and then he heard the communication, "It looks like they're going to shoot at us," and then immediately over the sound of the of the radio net he heard the sound of gunfire.
 He immediately stopped his car and turned around and headed back toward the Pine Ridge, or toward the Oglala area.
 When he turned around he made some contact during this time with Special Agent Williams. He heard him state that he had to get on the high ground. He heard him talk about Jumping Bull Hall.
 He did not know precisely where Jumping Bull Hall was but he drove in that direction. He knew that it was in the Oglala area so he drove in that direction and met two agents, or two Bureau of Indian Affairs police officers and they directed him toward Jumping Bull Hall.
 Meanwhile Special Agents Williams and Coler were following a vehicle.
 Apparently and, I believe that during the course of the trial you will have to put evidence together. Sometimes circumstantial evidence is the best evidence that there is to show a certain thing.
 If you see someone, for example, if you go to an island {11} where no one, where you think no one has been but you see footprints in the sand, you know that someone's been there. Even when you see the trees bowing you can't see the wind but you know that the wind is there so you can tell that.
 Circumstantial evidence is the same way. So we're going to take physical evidence during the course of this trial and present that to reconstruct the events which took place.
 I believe that this evidence will show that Special Agents Williams and Coler traveled down this road; that when they got down to here they were communicating with Special Agent Adams to the fact that he'd better get on the high ground or they'd be dead men;
 That at this time Special Agent Williams and Coler, while they were armed with their service revolvers, did not have on their person a long rifle.
 Now I believe that the, this will show that the area from the housing to the bottom of the hill is approximately two hundred yards. Now with a pistol, I believe the agents will be able to testify that with a pistol that's a long ways to fire with any accuracy.
 However, with a high-powered rifle that's a very short distance to fire.
 Special Agents Williams and Coler, Special Agent Coler apparently got out of his car and went to the trunk where he had a 308 carbine rifle.
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 I believe that the, that he took the weapon out of his car and at this time I believe that Special Agent Coler's car was parked in a manner which was pointing it right towards this green house because that's where it was found. It was found in this area; the trunk was open.
 I believe that Special Agent Williams' car was running parallel to this road that runs along an area which takes the bodies of Special Agents Williams and Coler.
 I believe that the evidence will show that during this time while the gunfire was going on Special Agent Williams was trying to get Special Agent Adams to find the location;
 That while, Special Agent Coler meanwhile went to the back of his car to get a gun out of the trunk, the 308 carbine, that a bullet went through the trunk and went into his arm and nearly tore his arm off.
 It was in such a manner that I believe the evidence will show the injury would have been so great and cause such extreme pain that he would have been disabled from it. He may have eventually gone unconscious from it.
 Sometime during this time Special Agent Coler, or Special Agent Williams was shot in the shoulder. The bullet went from the top of his shoulder out his underarm and into his side. He was shot with a 44 magnum carbine.
 At this time or sometime after he was shot I believe that the evidence will show that he took off his shirt and made {13} tourniquet for Special Agent Coler's right arm.
 I believe that Special Agent Coler at that time was laying out alongside of his car.
 I believe about this time while he was doing this the defendant Leonard Peltier and his companions came from this area of the, of these cars here. There are some junk cars that were parked along there. There are some houses in this area. I believe the evidence will show that they were being fired at from these two areas.
 A number of individuals were firing at them with high powered weapons;
 That when they stopped firing, that the defendant and his companions went to the bottom of the hill; when they got to the bottom of the hill, that Special Agent Coler had been, or Special Agent Williams had been shot two times.
 He had been shot in the left shoulder and he was wounded in the side. He was shot in the right foot.
 And at that time while ho had his hand extended in front of his face and the defendant and his companions at close range, the gun was placed up against his hand and the trigger was pulled, a high-powered weapon.
 The bullet went through his hand and into his face and tore away the back of his head.
 He was, I believe medical evidence will show, was killed instantly.
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 Special Agent Coler at this time was laying on the ground unconscious or unable to defend himself.
 I believe from the photographs, from the reconstruction of the events you will see that while Special Agent Coler was laying on the ground the gun was held not more than four feet from his forehead. He was shot in the right side; that the bullet carried away the top front part of the skull. This would not in itself probably have been a fatal shot but immediately thereafter he was shot in the side of the jaw on the right side. The bullet went through his jaw, tore away the bottom of the jaw and killed him instantly.
 Meanwhile Special Agent Adams and two Bureau of Indian Affairs police were coming, were traveling from Pine Ridge down toward this area.
 Special Agent Adams I believe will testify that he heard gunfire during this time. Special Agent Adams will then state that they went down this road and he drove his car to this point right here by the residence which is in the northwest area of the residence of Harry Jumping Bull;
 That in this particular, when he got to this point, that his car and the car of the Bureau of, BIA police was fired upon, both front tires shot out of the vehicles.
 He began backing up into this area and he backed his car until he got to an area right along here parallel with Highway 18. There's an old road which is to the southwest of {15} Highway 18 running parallel to it and his car got stuck there, while a front tire was shot out, he had a flat tire. He couldn't move and he remained pinned down and stayed in this area throughout the afternoon until 4:30 that afternoon.
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 Throughout the afternoon more agents came. I believe that the Government and the Defendant will agree that Special Agent Williams and Coler died approximately 12:00 o'clock noon; and so at this time, if you recall, if you look at the evidence, I believe that you will find that at this time the offense had already been committed. I believe that at that time the agents were already dead, had already been murdered; but other agents and other police, members of the Bureau of Indian Affairs, moved into the area in an attempt to capture the persons who had fired the shots.
 Now, we will have a mock-up for you, I believe, in the courtroom -- I believe that counsel for both sides have agreed; and it will be helpful to you to understand.
 Now, there is a line here that says "crest of plateau". This area along here (indicating) which you follow is a plateau, and this (indicating) is a level table top flat area. The area along the trees at the bottom of the map, where it says "wooded area" and the "tents" on it, there is a small creek running and this (indicating) is much lower than the area here (indicating).
 Now, right along here (indicating), where it says the "crest of plateau", right along this road (indicating) it drops down about 30 feet so while Special Agent Adams was here, up from the crest of the plateau (indicating), {17} unless he got over to the edge of the crest, he could not see Coler's car. If you were down here (indicating), in the bottom of it, below the meadow in the wooded area, the land drops off immediately almost. It isn't like a cliff, but it is very close to that, drops down another 10 feet. Agents going into this area (indicating), who would come out of the tree line or to the edge of the tree line would be fired on. Agents who would come anywhere near this plateau area, along here (indicating), would be fired at from the residents so that it wasn't until 4:00 o'clock in the afternoon before any one of the agents was able to get there.
 During the afternoon a couple of times there were attempts made to negotiate with the people in this area. I believe though that the evidence will be that all negotiations were unsuccessful. One of the assailants was killed during the course of the gunfight in which the agents were trying to get into the area; but I believe the evidence will show that during the time from 12:00 o'clock until 4:30, until the agents' well-being was known, that no one was certain as to whether or not Special Agents Williams, Special Agent Coler were hostages or what their condition was, so during this time I think you will find very little firing was done by the law enforcement agents going into the area.
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 Later in the afternoon the Defendant and his companions, about six or seven of them, or eight of them, met in the area by the tents. They waited there for awhile. They loaded a red and white Chevy van with supplies and discussed whether or not they would attempt to run the roadblock. They decided to abandon this idea and decided to escape out the back way which they did, and they traveled for a couple of days into the hills around the -- toward the direction of Pine Ridge and in various areas, and eventually their trail was lost.
 A few days later they went to an area which you will see on the other map is designated as Rosebud. This is another Reservation which is to the southeast of the Pine Ridge Indian Reservation; that while they stayed there for some time -- the Defendant and his companions stayed in this area for some time.
 On September 5th the FBI had warrants for a number of persons. One of them, namely Al Running, his son. They had warrants for a number of people living at the Al Running residence. In serving these warrants they arrested a man by the name of Butler and others; but Dino Butler was a man, I believe the evidence will show, who was in the area of the tents, was living in the area with Leonard Peltier.
 I believe that the evidence will show that around {19} this area certain evidence was found, firearms, spent cartridge cases and so forth were found in the area of the Al Running residence where the Defendant had been and where Dino Butler was arrested.
 But on of the things that was found in an automobile on that property was Special Agent Williams' service revolver.
 Another thing that I should note is that later on, I believe that it was on the 12th of September, on the turnpike in Wichita, Robert Eugene Robideau, Mike Anderson, two people who were there at the crime scene, who had been observed firing at the agents, who had been living in the tents, were driving in a vehicle with some other persons. While they were driving there at this time their car caught fire. The muffler got hot, and the car caught fire. They ran from the vehicle, but it exploded. The vehicle exploded, and a number of items were found. One of the things that was found in this vehicle was a 308 carbine rifle. In this 308 carbine there was -- this was a gun that was assigned to Special Agent Coler.
 Now, there was also a firearm found there that was connected to the crime scene.
 Now, during the course of the trial we are going to use a variety of exhibits in order to help you. Now, I am just going to give an example. This is Government {20} Exhibit 34-b. It is a spent cartridge case, and you can see that his is in this area (indicating).
 Now, Government Exhibit 34-b, when it is offered into evidence, is going to be placed there (indicating). We say it is there that it was found in the trunk of Special Agent Coler's car. This is going to help you remember where the various items of evidence are found.
 Government Exhibit 34-a is a picture of an AR Fischer Rifle.
 Now, if this is offered into evidence, the reason that we chose to number this cartridge casing 34-b is because, I believe the evidence will show, that Government Exhibit 34-b was fired from Government Exhibit 34-a; and if you will look at the exhibits, I believe that you will see that these things have a connection or connecting by means of numbering these exhibits, and this is used as a method to help you in determining where various items are found.
 To continue, it was later on in November -- Leonard Peltier, incidentally, I might add, was wanted on another warrant; but at this time a warrant had gone out for his arrest, so on November 14 Leonard Peltier was seen in the area near Ontario, Oregon. Leonard Peltier had earlier, on September 9th, purchased a vehicle, using the name of Louis Martinez. He had purchased this vehicle {21} in Denver, Colorado.
 Now, when Leonard Peltier was being sought, he was spotted in this particular area; and there was a bulletin out for him. There was a recreational vehicle, a Dodge recreational vehicle being driven in that area.
 There was also in that area a Plymouth automobile which Leonard Peltier had purchased, using the name of Louie Martinez. These two vehicles were traveling close together on the highway. The highway patrolman stopped the vehicle. When he stopped the vehicle, he observed a man get out who he will, I believe, identify as Leonard Peltier; that when he got out of the vehicle, he fired a shot; and he was shot at by the man attempting to apprehend him; that he escaped into the woods not too far from this area.
 On the following day it was noticed -- or two days later -- that there was a burglary notice and an automobile was stolen.
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 From this ranch house in the country which was burglarized a rifle was taken and in addition to this there was some fingerprints left behind. The fingerprints were those of Leonard Peltier.
 Leonard Peltier was a fugitive until February 6 when the Royal Canadian Mounted Police caught him in the area of the Jasper National Park, which is a small boy's camp in Alberta, Canada.
 When he was arrested, certain other things were found. Among those was a rifle that had been stolen from Oregon with his fingerprints on it.
 Well, I have stated that I have by no means stated the evidence. I have given you an idea of how the defendant was traced, how his companions were traced from various places and how the items which they had on their person or near to them connected directly-back to the area of the death of special agent Ronald Williams and Jack Coler.
 Throughout the course of the trial I ask you to look for connection, pay close attention to it because there are a number of items that are involved that are rather complex. But throughout the course of the trial, as I said earlier, the defendant starts out and there is no evidence against him, but throughout the course of the trial you'll be seeing evidence placed in one at a time, pieces of evidence will come in. I believe they will show circumstantial and direct evidence of the {23} defendant's guilt in this matter.
 Now perhaps if you would consider these things and the government's theory of the case throughout this trial. If you take isolated incidence one at a time, they don't mean too much, like if you took the word out of the sentence, it doesn't mean a whole lot. When you put it altogether, even though there are some words missing from the sentence, you will know what the sentence says. I believe if you pay attention to the evidence in this matter and look at all the facts and put them altogether, in addition to the facts and the items I mentioned.
 I believe you will find that a paper bag was found in a recreational vehicle, a vehicle which Leonard Peltier was driving, and on this paper bag, for example, there was fingerprints of Leonard Peltier. Inside of the paper bag, special agent Coler's personal firearm along with some shell casings, empty shell casings which had been fired.
 I think if you put all these things together, by the end of the trial you'll understand the case. I can't tell you at this point and I'm not, I'm going to urge you not to decide anything until all the evidence has been entered and until we're all finished arguing.
 I ask you to listen closely and it's our contention by the close of the trial the government will have proven its case against the defendant beyond a reasonable doubt.
 Remember, only one person is on trial. You're not on {24} trial here, the government is on trial here, AIM isn't on trial. The defendant is on trial for two counts of first degree murder and I ask you to keep that in mind when you're considering the evidence. Thank you.