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

MYRTLE POOR BEAR....
TESTIMONY VOL21

THE COURT:  Excuse me. The Court is in recess until 3:45.
(Recess taken.)
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(Whereupon, at 3:35 o'clock, p.m., the following proceedings were had in chambers, Messrs. Taikeff and Engelstein, and the Clerk of Court being present:)
MR. TAIKEFF:, Your Honor, the reason we asked to come into chambers at this time is that Miss Bagn has something which I think is important to advise your Honor of; and we didn't think it appropriate that she approach the bench or address the Court dressed as she is at this moment.
MISS BAGN:  This is my undercover uniform, your Honor.
MR. TAIKEFF:  Your Honor, we have had telephonic contact with Myrtle Poor Bear; and she is going to call back shortly, and I am wondering whether your Honor would allow Miss Bagn to briefly tell your Honor exactly what happened. She was the one that had the telephone call.
THE COURT:  Yes, she may. Mr. Lowe has already been in here.
MR. TAIKEFF:  That was as a result of a special aspect of that, and it occurred to me after I heard all of it that unless your Honor gives a specific order to the Marshal's Service to actually go there and finally execute that warrant, I fear that we are going to be out of witnesses before she gets here; and it is very important to us that we produce her.
THE COURT:  Well, go ahead, Miss Bagn.
MISS BAGN:  I talked to Myrtle's sister, Clara, on {4371} the phone first; and she told me that Myrtle was considering coming to Fargo because she was aware that we had requested her presence here.
Clara further said that Myrtle had been at home at least since Sunday and all day Monday and all day today, and that there had been no Marshals or anyone else of any official-looking nature near their house in Allen, South Dakota.
She also stated that Myrtle was extremely scared and had been spending most of her time apparently hiding in the attic of their home. She then put me -- excuse me.
Clara talked then with her sister, Elaine, who was in the defense room and has been subpoenaed as a defense witness. After their conversation Elaine asked me to get on the phone with Myrtle, which I did. Myrtle said she was willing to come up, that she was very scared. She didn't want to come alone and wanted to preferably come with one of her sisters. She said that she wanted the Marshals to be unaware of her coming up and expressed a desire that perhaps the defense could have a ticket ready for her flight up here so that she wouldn't have to go through the Marshals and that she was very scared of doing that.
MR. TAIKEFF:  If I may add something, it was recommended that when there is further telephonic contact -- and my {4372} understanding is that Myrtle Poor Bear will call in a little while -- that Miss Bagn is going to explain to her that the Marshals are a part of the court and not FBI or anybody else; but I am terribly concerned that the situation is so delicately balanced that she could actually disappear into the bushes, and in fact I use that expression because earlier today a note was handed to me, an update from one of the defense team who had apparently spoken with Chief Deputy Warren; and his report was that she was out in the bushes, and they couldn't find her.
Now, she has been present more at home, more than any fugitive in the history of this past decade; and I am afraid that it will require a specific instruction from your Honor that a certain number of Marshals drop what they are doing and go directly to her home and execute on that warrant in order for it to be done.
THE COURT:  Mike, would you ask Mr. Warren if he would come up?
MISS BAGN:  Your Honor, if I might add for the record I spoke with Mr. Warren this morning; and he informed me that at least one Marshal was going to be looking for Miss Poor Bear today in the Pine Ridge and Allen area.
THE COURT:  The latest information that you have just given me, has that been given to Mr. Warren?
MISS BAGN:  No, your Honor.
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MR. TAIKEFF:  We attempted to, the door was closed in the last 15 minutes. Mr. Lowe attempted to report the matter to him. Since he wasn't around and the break was almost over, we decided we better make this known to your Honor immediately.
THE COURT:  That is all we need on the record unless you want the Marshal on the record?
MR. TAIKEFF:  No, your Honor, we have no need to do that.
THE COURT:  I do not want you to run off. Is Mr. Warren coming in?
MR. NELSON:  Yes, Ordean just went to get him.
THE COURT:  That is all we need, Miss McArthur.
(Whereupon, at 3:45 o'clock, p.m., the reported chambers conference ended.)