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

STEVE WESTON, MISSIONARY LDS
{BENCH}  B
RESUME TESTIMONY  C

VOLUME 3
 

MR. HULTMAN:  The Government calls Mr. Steven Weston as the next witness, your Honor.
 STEVEN WESTON,
being first duly sworn, testified as follows:
 DIRECT EXAMINATION
By MR. HULTMAN:
 Q  Would you state to the Court and to the jury your name, please?
 A  Steven Weston.
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 Q  And where do you live, Mr. Weston?
 A  I now reside in Phoenix, Arizona.
 Q  And approximately how long have you lived in Phoenix?
 A  Until -- for ten months since I have come home from my mission.
 Q  What is the nature of your occupation?
 A  I am a lab technician.
 Q  And where do you work in Phoenix?
 A  For United Metro-Tanner -- (spelling) T-a-n-n-e-r -- Brothers.
 Q  Now, immediately prior to this period in Phoenix, where were you located prior to be in Phoenix?
 A  Prior to this I was a missionary for the Church of Jesus Christ for Latter Day Saints.
 Q  And for what period were you in that capacity?
 A  For two years.
 Q  Would you tell the jury approximately what time, referring to the time frame?
 A  April of '74 to April of '76.
 Q  And where -- is there a mission for your particular church, Mr. Weston?
 A  Yes, sir.
 Q  And to which church do you belong?
 A  The Mormon Church, the L.S. Church -- Church of Jesus Christ for Latter Day Saints.
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 Q  Where was it that you did this mission work?
 A  It was in several areas, Pierre, Hot Springs, Rapid City, Oglala, Pine Ridge, Standing Rock Reservation.
 Q  Now, at what time did you arrive at Pine Ridge, approximately?
 A  In Oglala or in Pine Ridge?
 Q  I am sorry, in Oglala.
 A  In Oglala, approximately February of '75.
 Q  And what did you do from the time you arrived in Oglala as far as your everyday endeavors?
 A  Well, our everyday endeavors, we were out among the people. We talked to people the teachings of the church. We taught seminaries to the young children. We visited many other people, more or less got to know a lot of the people.
 Q  All right, and where was it specifically in Oglala that you worked out of, or what was your home base?
 A  We had a trailer sitting up on the hill next to the cemetery and next to the Catholic Church.
 Q  All right. Now, as you went from Oglala to Pine Ridge, what highway would you take?
 A  I don't even know the name of the highway. It is just a road we went on -- is 15 miles from Oglala.
 Q  Well, if I showed you behind you what has been introduced in here as Exhibit 71 and refer to an area which is just generally also in evidence as an area known as Jumping Bull {391} property, could you tell me what highway, would that refresh your recollection in any way?
 A  Sure, I think so.
 Q  Would you turn and take a look at Government's Exhibit No. 71?
 A  Highway 18.
 Q  Is your memory refreshed as a result of that, do you know as a fact that it is Highway 18?
 A  Sure.
 Q  And that is a U.S. Public Highway?
 A  Yes, sir.
 Q  Now, did you have -- approximately how long did you work out of Oglala in this mission that you had?
 A  Six to seven months.
 Q  Six or seven months, so tell the jury approximately what time frame, to what time frame.
 A  From February until about August.
 Q  Of what year?
 A  Of '75.
 Q  Did you have occasions then to travel up and down Highway 18?
 A  Yes, sir.
 Q  And would this normally be every week during that period of time?
 A  Several times during the week.
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 Q  Now, I want to direct your attention to the 24th of June, 1975, and ask you whether or not you do recall some events that took place on that particular day?
 A  That was two days prior to the killings.
 Q  Is that why you recall this being a specific day?
 A  Well, two days before the killings we were out at Chauncey Lone Elk's house.
 Q  Is it fair for me to conclude that the reason you remember that particular day is that you remember it being as two days prior to the event that we are concerned with here in this courtroom, and it is a matter of general knowledge in that area it happened the 26th of June?
 A  Yes.
 Q  All right. Now, relating -- did you have an occasion to go down Highway 18 that day?
 A  Yes, sir. In order to reach Chauncey's, you have to go down Highway 18, he lives out near Jumping Bull Hall.
 Q  All right. The name of the party that you were referring to is again -- what was the name?
 A  Chauncey Lone Elk.
 Q  Chauncey Lone Elk. What was your reason for your going to Chauncey Lone Elk's that day?
 A  Several of his children were going on placement, and we went out there to check on them and to teach the kids the seminary and just to more or less keep them committed to going.
{393}
 Q  All right. So as a part of your work, as you indicated awhile go, a general mission of dealing with children was part of your mission; and on this day you were carrying out a specific part of that mission, is that right?
 A  True.
 Q  Now, what was the nature of the children that you had -- how many children were there that you were working with?
 A  Chauncey has, if I remember right, he has six children; and three or four of them were going to go on placement.
 Q  Now, with reference to Government's Exhibit 71, would you point out to the jury, if you can, the relationship of that exhibit, if you can, approximately where Chauncey Lone Elk's home would be?
 A  Down there to the left, on the north side of the road, there is a little exit road that goes off, and that's approximately where Chauncey's property stands right now.
 Q  All right, so in a general description then, Chauncey lives across Highway 18 on the other side of the highway from the Jumping Bull property, is that right?
 A  Sure.
 Q  And somewhere down the road, I believe as you pointed it out, on Highway 18 toward Oglala, is that a fair conclusion for me to draw?
 A  Yes.
{394}
 A  Yes.
 Q  If in a 302 someone making an interview of you at some time they stated in the interview that the property to which you are referring you were at was across from Harry Jumping Bull's, would that be in a general sense maybe correct but in a specific sense maybe incorrect?
 A  In a general sense, correct. The property, you know, is at an angle.
 Q  But it's not directly across the road in which you turn in to come to Jumping Bull's is that correct from what you have told us?
 A  That's true.
 Q  And what time of day was this that you went to Chauncey Lone Elk's?
 A  It was in the afternoon. Probably early afternoon.
 Q  This was the 24th of June, 1975, is that correct?
 A  Right.
 Q  Tell us what if anything happened.
 A  Well, we'd been out to Chauncey's and we had talked to him and his children and getting ready to leave. As we left there was a carload of people at the edge of Chauncey's property and their had been broken down and they --
 Q  Now --
 A  Pardon?
 Q  Where was that, their car and these people with relation {395} to Highway 18?
 A  Just like I showed before where Chauncey's property was, they were just off of Chauncey's property at the, off of the exit road there.
 Q  Just off of Highway 18?
 A  Right.
 Q  They were not on the highway?
 A  No, sir, they weren't.
 Q  Now did you at that particular time recognize any of the individuals as anybody that you had ever seen or knew in any way?
 A  I'd seen several of them before; yes.
 Q  Did you know their names at this particular time?
 A  Not specifically.
 Q  Now would you describe the individuals that were there at the car?
 A  It's been a year and a half and it's hard to kind of describe them.
 Q  Let me just ask you the general questions. Were they native Americans?
 A  Yes, sir, they were.
 Q  Approximately how many were there at that time?
 A  Approximately six.
 Q  Did you notice anything unusual about the individuals or anything about them?
{396}
 A  They were all carrying firearms.
 Q  Now what if anything did they ask you or did you indicate to them at that time?
 A  They just asked us if we could push them to Jumping Bull Hall.
 Q  And what if anything did you do?
 A  We pushed them to Jumping Bull Hall.
 Q  Would you explain and show to the -- I assume you pushed them out to Highway 18, is that a fair conclusion?
 A  Yes, sir.
 Q  Would you then indicate to the jury the route and the path down Highway 18 and wherever it was you went?
 A  Would you like me to stand and show you?
 Q  Would you please. And I believe there is a pointer there at the base of the Exhibit No. 71, Mr. Weston.
 A  We pushed them off the road off onto the highway here (indicating). We traveled up the highway. We came into the main entrance up here of Jumping Bull Hall and we pushed them down the road (indicating). And about right here they told us not to go any further and back off and leave immediately.
 Q  Now what was your reaction at that moment?
 A  They were carrying guns and we knew that they meant what they said:  we weren't to go any further.
 Q  Did they indicate to you specifically that you were to go no further?
{397}
 A  Yes, sir.
 Q  And that you were to back off?
 A  Yes, sir.
 Q  What if anything did you do at that time?
 A  We backed off.
 Q  Would it be fair for me to conclude that this moment that you were surprised?
 A  Yes, sir, I was.
 Q  Were you in fear at this point?
 A  Not real fear, but I understood that we weren't go any further.
 Q  Now what if anything did you do next?
 A  We went back home. We turned around and went back home.
 Q  Were you later shown a book of photos which contained a number of names and, or, rather, a number of pictures without names?
 A  Yes, sir.
 Q  And did you recall about when that was? I mean, approximately from the day in which you're talking about.
 A  It was maybe three, maybe five days later, a week.
 Q  Did you at that time, were you able to identify any specific people?
 A  Yes, sir.
 Q  And do you recall who those were?
 A  I didn't know any names, sir.
{398}
 Q  Had you ever seen up to that time or do you know Leonard Peltier?
 A  I may have seen him on several occasions, but as far as his name, I didn't know it then.
 Q  Did the individuals -- approximately how many people were in the car with arms on that particular day?
 A  All six of them.
 Q  All six of them.
 In the viewing of the photographs that you viewed on that occasion, you were able to make three positive identifications, is that correct?
 A  Yes, sir.
 Q  Now as to the rest of the pictures that were there, what was the nature of the identification or lack of identification that you made? Would you tell us in your words.
 A  I may have known the people but they may not necessarily be there.
 Q  Did you recognize any of the people in that photo spread of any kind?
 A  No, sir.
 Q  Even though you may have, as you've indicated, seen them before and even in the area, is that correct?
 A  Yes, sir.
 Q  By that identification, you did not say as to all of the rest of those pictures, those people were not there, is that {399} a correct conclusion for me to draw?
 A  Yes, sir.
 Q  It was that you didn't recognize any of the other individuals?
 A  Yes, sir.
 Q  Now two days later, I would direct your attention to the 26th and ask you what approximately at noon or shortly before noon, between 11:00 and 12:00 o'clock were you doing.
 A  Between 11:00 and 12:00 we were teaching a day camp that we held regularly every day during the week three to four days a week and we let the kids out early and we traveled across to the Star Store to pick up some groceries or do our laundry, I can't remember which it was.
 Q  Was there anything unusual that you heard or observed somewhere in that time frame on that day?
 A  There were shots that day.
 Q  Would you describe to the jury the impression that you got at that time and as you now recall of what it was you heard with reference to the shots?
 A  Well, we heard the shots. In Oglala that's nothing unusual. You hear shots all the time. We were walking across to the store and we just asked them, asked the people standing in front of the store what was going on, what the shots were for, and nobody said specifically what it was, what the shooting --
{400}
 Q  And how far approximately is Oglala and where your mission was from the general area that is shown on Exhibit 71, the Jumping Bull property, approximately how far would it be?
 A  You mean our apartment from --
 Q  Just approximate distance, if you know.
 A  About three miles.
 Q  Pardon?
 A  About three miles.
 Q  Approximately three miles.
 On that particular day, other than this to which you have just now testified, do you have any knowledge of any kind concerning the events that did take place in and about the Jumping Bull property?
 A  You mean --
 Q  Do you have any knowledge yourself of anything that took place there?
 A  Prior to that day; no.
 Q  Or even on that day there?
 A  No.
 Q  Let me ask you a question or two concerning your activities and your mission work. In that work I would assume that you did have conversations with various people in carrying out your responsibilities and your duties, is that correct?
 A  Yes, sir.
 Q  And during that period of time did you have an occasion to {401} hear the word "goon" or a reference made to a term, the word or term "goon"?
 A  Yes, sir.
 Q  Had you heard any conversation of any kind anywhere any time during the period that you were there with reference to whether or not there might possible be a confrontation of some kind?
 A  Yes, sir.
 Q  Concerning anybody or any party?
 A  Yes, sir.
 Q  Would you refer and tell the jury what it is you heard to the best of your recollection.
 A  Throughout the village it was common knowledge that the goons and the American Indian Movement were going to have a shootout.
 Q  Now approximately how many occasions had you heard that?
 A  Quite a few times.
 Q  Do you remember any of the specific occasions or not?
 A  No, sir.
 Q  Did such an event ever take place to your knowledge?
 A  No, sir.
 Q  I just have another question or two.
 What kind of guns, as you recall, did the individuals have that you pushed their car out of the property of Lone Elk on the 18th and down towards Jumping Bull Hall and past Jumping {402A} Bull Hall?
 A  There were a couple of shoulder weapons and side arms.
 Q  Would you just, one final question, go to the map and Exhibit No. 71 and place on that map for me an approximate point for the record where it was that you were told to back off, or whatever the words were that were used, as you came down the road into the Jumping Bull property and past Jumping Bull Hall. Would you just give us the best approximation and mark it with a letter "X."
 A  (Indicating.)
 MR. HULTMAN:  Let the record show that an X was drawn on the location between Jumping Bull Hall and the residence known as Wanda Sears.
 THE COURT:  What is the color of your X?
 MR. HULTMAN:  I'm sorry, Your Honor. It's a black X.
 I have no further questions. Thank you, Mr. Weston.
 MR. TAIKEFF:  Your Honor, may I have a moment to confer with government counsel about a document.
 THE COURT:  You may.
 MR. TAIKEFF:  May I inquire, Your Honor?
 THE COURT:  Yes.
 CROSS-EXAMINATION
BY MR. TAIKEFF:
 Q  Mr. Weston, you were interviewed by one or more FBI agents, were you not?
 A  Yes, sir.
{402B}
 Q  And the interview occurred on or about March 1, 1976, something more than a year ago?
 A  Yes, sir.
 Q  Do you remember the names of the agents who interviewed you?
 A  I remember one last name was Green.
 Q  Do you know if his full name is Thomas H. Green?
 A  I'm not certain.
 Q  Have you seen Mr. Green since you came to Fargo?
 A  Yes, sir.
 Q  Now I understand that you spent two years living on that reservation.
 A  No, sir.
 Q  How long did you live on the reservation?
 A  I lived on Oglala for approximately six or seven months and then later I was moved to Standing Rock Reservation and then back down to Pine Ridge.
 Q  How much of the two years did you spend on the Pine Ridge Reservation?
 A  About ten months.
 Q  Did you cover in your work the entire reservation or only a particular district? And I use that word in its formal sense.
 A  Only a particular area which we were assigned to cover.
 Q  Do you know of the existence of the district known as Oglala?
 A  Yes, sir.
{403}
 Q  And there is also a town or hamlet called Oglala, is that correct?
 A  Yes, sir.
 Q  The town or hamlet of Oglala is within the district of Oglala, is that correct?
 A  Yes, sir.
 Q  Now what part, if any, of the district of Oglala were you responsible to working?
 A  We were responsible for the area in and about Oglala. Oglala, mainly number four area, the lowland area and out beyond, out to the Badlands.
 Q  What was the total number of Indian people within the area for which you were responsible?
 A  I'm not quite certain.
 Q  That means you're almost certain but not completely certain?
 A  It means I don't know, sir.
 Q  At all?
 A  Yes, sir.
 Q  Was it more than a thousand people?
 A  I'm not quite certain.
 Q  Did you have any discussions with any FBI agent or assistant United States attorney on the subject of the population of that area?
 A  No, sir, we didn't.
 Q  How many different people would you say you come in contact {404} with in the Oglala district in the ten months that you worked in that district?
 A  Are you meaning numbers or what do you mean by that question?
 Q  Well, part of your work was speaking with the people, was it not?
 A  Yes, sir.
 Q  And helping them in one capacity or another, isn't that right?
 A  Yes, sir.
 Q  And is it fair to say that in the main, if not exclusively, you were there to assist people who lived on Pine Ridge Reservation in that area and that they were native Americans?
 A  Yes, sir.
 Q  How many such people did you have contact with in the ten months that you were in that area?
 A  It's hard to count, sir, because we were seeing different people every day.
 Q  How many people did you see a day?
 A  Today?
 Q  I beg your pardon, sir?
 A  What was the question again?
 Q  How many people did you see per day in your work?
 A  Hard to say. Our days would change.
 Q  Well, let's take an easy day.
{405}
 A  An average day.
 Q  Average day.
 A  Probably 10 to 15 families.
 Q  And how many days a week did you do this?
 A  Seven days a week, sir.
 Q  For ten months?
 A  For ten months.
 Q  And generally speaking, without getting into the specific details, what was the nature of what you communicated to them?
 A  We taught them the teachings of our church. We taught the children seminaries.
 Q  Your church is a church which is generally speaking a Christian church, is it not?
 A  Yes, sir.
 Q  Now when in the ten month period that you worked on the reservation did you become aware of the existence of an organization known as AIM?
 A  As soon as I moved onto the reservation, sir.
 Q  As soon as you moved to the reservation?
 A  Yes, sir.
 Q  Did you in connection with your work ever have any contact with AIM members, AIM activists or AIM supporters?
 A  We'd talk to them on several occasions.
 Q  Were you endeavoring on any of those occasions to persuade them of your religious views?
{406}
 A  We were always trying to talk to the people about our religious views, sir.
 Q  So I gather the answer to my question is yes?
 A  Yes.
 Q  Now did you find any pattern or consistencies to the response you got from AIM people?
{407}
 A  It depends. It depended a lot on the people.
 You have to, different people in the village. They would claim to be AIM and we could talk to them about our religion where other people would claim to be AIM and we couldn't talk to them.
 Q  Did they explain why you couldn't talk to them?
 A  No, sir.
 Q  Did you ever make inquiries why AIM people wouldn't talk to you?
 A  You don't press the fact, sir.
 Q  You mean if someone doesn't want to hear what you have to say, you go on to the next person?
 A  Yes, sir.
 Q  Did you ever discover in the ten months you were there whether any aspect of the AIM function was religious in nature?
 A  No, sir.
 Q  Did you ever encounter any people on the reservation who were involved in religious beliefs and religious practices who were not of the Judea Christian realm?
 A  Yes, sir.
 Q  How would you describe that religion or those religions?
 A  Native Americans, sir.
 Q  Do you know if AIM had then an official policy with respect to the native American religion as opposed to the Christian or other more modern religions?
{408}
 A  No, sir.
 Q  You do not?
 A  No, sir.
 Q  Did you ever become aware of the fact that native American people in your district attended upon a thing known a a sweat
 A  Yes, sir.
 Q  Do you know whether that was connected with religious activity?
 A  Yes, sir.
 Q  Native American religious activity?
 A  Yes, sir.
 Q  Do you know whether events called pipe ceremonies were conducted?
 A  No, sir.
 Q  Now I think you said on your direct examination that when you heard shots on June 26, 1975 you didn't pay a great deal of attention to that?
 A  Yes, sir.
 Q  Why is that, sir?
 A  It was something, you're always hearing the shots.
 Q  That area I gather then must be a game preserve where a lot of hunting goes on?
 A  Some hunting.
 Q  Any other reason why there might be shooting going on?
{409}
 A  There's a lot of shooting there. People shoot --
 Q  Shooting of animals or shooting of people?
 A  Of people, sir.
 Q  Did you see a lot of guns when you were there during those ten months?
 A  Pardon?
 Q  Did you see a lot of guns during the ten months?
 A  I saw some guns.
 Q  How long have you been in Fargo?
 A  The past few days.
 Q  See more guns on the reservation than you do in Fargo?
 A  Yes, sir.
 Q  Have you been over to Moorhead?
 A  No, sir.
 Q  You live in Phoenix now?
 A  Yes, sir.
 Q  See more guns on the reservation than you do in Phoenix?
 A  Sir, I was into the people's homes. In Phoenix I'm not into the people's home. In Fargo I'm not into the people's homes.
 Therefore I would see more guns being into their homes in Oglala.
 Q  Where did they keep those guns?
 A  When I saw the guns they were being transferred into, into the cars.
{410}
 Q  I see. See any cars in Fargo?
 A  Yes.
 Q  See any guns in the cars?
 A  No, sir.
 Q  See any cars in Phoenix?
 A  Yes, sir.
 Q  See any guns in those cars?
 A  No, sir.
 Q  Now you told us something about goons and I think you said, I'm not attempting to quote you, that they were people who were supporters of the then tribal chairman, Mr. Wilson.
 A  I said nothing of the like, sir.
 Q  Who were they?
 A  Just, just people as far as I know.
 Q  Well, how did one, how does one attain the status of goon as opposed to all the other categories of humanity?
 A  I had no interest whatsoever so it didn't bother me to find out.
 Q  Did you ever meet a goon?
 A  If I have I never recognized him.
 Q  People talk a lot about goons, on the reservation?
 A  Yes, sir.
 Q  Who was the tribal chairman when you were there?
 A  Dick Wilson.
 Q  Ever hear people talking about the fact that goons carry {411} guns?
 A  Yes, sir.
 Q  People ever explain to you that the reason why they keep guns handy at home and in their cars is because the goons carry guns?
 MR. HULTMAN:  If it please the Court, Your Honor, I object at this time.
 It's clearly beyond, this witness has indicated that he has no knowledge beyond what he's indicated and it's an attempt by counsel now to put his own words before this jury in the record and I object that there's no proper foundation.
 THE COURT:  The objection to the last question is sustained.
 Q  (By Mr. Taikeff) Now in Pine Ridge most of the people live in individual dwellings, a family to a dwelling approximately, what we call a one-family home?
 A  Yes, sir.
 Q  Did you say yes or no?
 A  Yes, sir.
 Q  And the reservation is a rather affluent suburban area, is it not? You seem to be smiling. Did I amuse you?
 MR. HULTMAN:  Well, I object, Your Honor. Again I raise the same objection, additional objection that now counsel has become argumentative. He's going beyond the record.
 THE COURT:  It wasn't argumentative but the objection --
{412}
 MR. HULTMAN:  It's an observation by counsel.
 THE COURT:  The objection to the question is sustained.
 The witness may answer the first question that was asked.
 THE WITNESS:  Will you repeat the first question, please.
 MR. TAIKEFF:  May I repeat it, Your Honor?
 THE COURT:  You may.
 Q  (By Mr. Taikeff) I asked you whether the Pine Ridge Reservation, using middle-class terminology, was an affluent suburban area. Was that true?
 A  It's basically suburban; yes, sir.
 Q  Was it affluent?
 A  I don't know the meaning of the word, sir.
 Q  Was it a place where well-to-do people, financially well-to-do people live?
 A  It depends on how you, how you determine well-to-do.
 Q  Financially well-to-do.
 A  They -- compared to what area?
 Q  Compared to the way you live, sir, now in Phoenix.
 A  Compared to the way I live its a good area; yes, sir.
 Q  All right. Would you say that the people on Pine Ridge generally are poverty-stricken people?
 A  No, sir.
 Q  Are there herds of cattle on the reservation?
{413}
 A  Yes, sir.
 Q  Are those herds owned by Indian people or white people?
 A  I'm not certain, sir.
 Q  Did you ever have any contact with FBI agents on the reservation?
 A  Other than when I was interviewed by them.
 Q  Other than that the answer is no I gather?
 A  No.
 Q  I think you said that the knowledge about the situation as far as the conflicts on the reservation were widespread or well known, is that correct?
 A  Yes, sir. They are.
 Q  And would you say that that information was available only to a select few or was it generally known amongst the populous as far as you know?
 A  It was generally known.
 Q  In your opinion, sir, knowing what you do about the reservation and its conditions based upon your ten months of living there and working there, is it possible that an agent of the FBI spending ninety per cent of his working time on the reservation would not know about these things that you've just described to us?
 MR. HULTMAN:  I object, Your Honor. This question is, foreign in nature is purely speculative, it's indeterminate, for which there has been no proper foundation laid and clearly {414} this witness is not in a status, he said he's only had one contact by previous question and answer with an FBI agent and thus is in no position to answer such a speculative question.
 I object for all those reasons.
 MR. TAIKEFF:  May I have one moment, Your Honor, please.
 THE COURT:  In about one moment I'm going to declare a noon recess.
 MR TAIKEFF:  If Your Honor does I'm going to go to lunch.
 THE COURT:  Very well. The Court will recess until 1:30.
{415}
 AFTERNOON SESSION
 March 18, 1977
 Whereupon, the following proceedings were had and entered of record on Friday afternoon, March 18, 1977, at 1:30 o'clock, p.m. the defendant being present in person:
 THE COURT:  Are counsel ready for the jury to be brought in?
 MR. TAIKEFF:  There are a few matters that, these matters do not have to be taken up at this time but I'd like to alert the Court to them but when it's convenient for the Court, counsel would like to address the Court in the absence of the jury.
 THE COURT:  Do you wish to state the matter at this time or do you --
 MR. TAIKEFF:  I'm perfectly happy to do it now.
 THE COURT:  Why don't you state the matter.
 MR. TAIKEFF:  I received a telephone call from Mr. Lowe who is apparently trying to keep busy in something constructive so he received a television listing for this week and there is one particular fact he wanted me to call to Your Honor's attention.
 Sunday night at 10:30 on Channel 11 according to his list there is a film, a movie called "Red Tomahawk" which is described as an effort by a small community to stave off a Sioux attack.
 He respectfully renews his application at least with {416} respect to that movie and asks the Court to instruct the Marshals accordingly.
 THE COURT:  I will suggest to the Marshals that there be some other channel on that. There is only TV set available of course.
 MR. TAIKEFF:  I understand.
 At this time we would like to give notice to the Government and at the same time place upon the record our request that we have an interview with certain witnesses and if the witnesses are in the Government's custody or control, that the Government make them available at least so that we may ask them whether they will yield to a consent interview and those people are James Harjo, H-a-r-j-o, Mike Smith, Wilford, W-i-l-f-o-r-d, Draper and Michael Anderson.
 We also would like to formally request if the Government has a copy of a transcript of the Canadian Extradition Proceedings, that either they provide us with a duplicate or give us access to their copy which we will duplicate on our own machine.
 Further, Your Honor, we wish to place upon the record that in a letter, I believe a copy was sent to Your Honor through the Clerk, we asked the Government to make available to us in connection with certain witnesses a certain rifle and telescopic sight which is the subject matter of certain testimony and we trust that the Government will comply {417} with that request or give us adequate advice in advance that they cannot.
 We also and finally would like to put the Government on notice that there are three employees of the FBI that we intend to call as witnesses.
 We assume that since they're Government employees and the defendant is proceeding in forma pauperis that we won't have to go through the formality of getting Your Honor to authorize a Subpoena and then deliver that Subpoena to the Marshal's office. And those three people are Linda Price, Ann Johnson and Special Agent Thomas Green.
 Thank you, Your Honor.
 MR. HULTMAN:  Your Honor, until this moment I am not familiar with any of the requests right now.
 THE COURT:  This is why I suggested that they be made known at this time and then I will ask you to make a response unless there's some matter here that needs to be handled this afternoon.
 MR. TAIKEFF:  No. There's no rush. I was just trying to give adequate notice of our position or request.
 THE COURT:  Very well. The jury may be brought in.
 (Whereupon, the jury returned to the courtroom and the following further proceedings were had:)
 (Whereupon, the witness having been previously sworn, {418} resumed the stand and testified as follows:
 THE COURT:  You may proceed.
 MR. TAIKEFF:  Your Honor, there was a question and an objection pending at the time. Should I re-ask the question and then if the Government objects we can proceed to --
 THE COURT:  Very well.
 RECROSS-EXAMINATION (Continued)
BY MR. TAIKEFF
 Q  Mr. Weston, --
 A  Yes, sir.
 Q  -- based upon your personal experiences in the Oglala district during a ten-month period would you express an opinion for us as to whether or not a person who had devoted ninety per cent of his working time to the reservation could be totally unaware of the facts that you have related to us concerning the conditions in that area as they pertain to conflicts between different groups?
 MR. HULTMAN:  Well, I object, Your Honor, on the same grounds that I mentioned before and I don't know whether I mentioned these before but there's no foundation. It's a clearly speculative response and also it's an attempt to impeach another witness.
 MR. TAIKEFF:  Well, I can see that it's an attempt to impeach a witness which is authorized by Rule 701.
 THE COURT:  I sustained the objection before on the {419} grounds that it related at that time specifically to an FBI man. You have revived your question now to put a person.
 MR HULTMAN:  It's highly speculative, Your Honor. It serves no probative purpose, no foundation.
 MR. TAIKEFF:  Your Honor, I'm not asking the witness to speculate. I'm asking ror him to render his opinion as a layman. The foundation is his ten months of experience.
 THE COURT:  The objection is overruled. The witness may answer.
 A  I don't see how.
 Q  (By Mr. Taikeff) When for the first time in your life did you see Leonard Peltier?
 A  It's hard to say. It would have to be during my stay in Oglala.
 Q  Do you remember where in Oglala?
 A  No, sir.
 Q  Now when you were interviewed by Agent Green and possibly one or more other agents, how many agents were there by the way?
 A  There were two.
 Q  Were you shown any photographs?
 A  Yes, sir.
 Q  I'm going to place before you Defendant's Exhibits 77A, 78A and as soon as the Clerk marks it, 78A.
 MR. HULTMAN:  Counsel, could I just make an inquiry? {420} Are these the same documents that have already been shown to me earlier?
 MR. TAIKEFF:  Yes. They've been shown to counsel during the recess, Your Honor.
 THE COURT:  Very well.
 Q  (By Mr. Taikeff) I call your attention to the fact they're not in evidence and can be seen only by you and not by the jury. Now, sir, the first two of those exhibits are before you. Will you pick them up in a way that permits you to see them. Look through them and then tell me whether you have ever seen those exhibits before.
{421}
 A  (Examining).
 MR. TAIKEFF:  If I may, your Honor, the Clerk has called my attention to the fact that I referred to the exhibit which I wanted marked as 78-A. There already is one. I should have said 79-A, and I understand he is marking it accordingly.
 MR. HULTMAN:  What are the numbers?
 THE COURT:  The record will be corrected accordingly.
 (Counsel confer.)
 Q  (By Mr. Taikeff) Now I am placing before you Defendant's Exhibit 79-A for identification, and ask you to do the same thing.
 A  (Examining).
 MR TAIKEFF:  Excuse me, sir.
 (Counsel confer.)
 Q  (By Mr. Taikeff) Now, I believe that there is a question pending, and that is, have you seen any one of those documents before? You understand the question to mean specifically those documents.
 A  Those, specifically those?
 Q  Yes. I am not asking you whether you have seen something of a similar nature, just to clarify that question for you.
 A  It is hard to say. I don't know if I seen specifically these or not. I have seen a similarity of them.
 Q  O.k. Now, if it were suggested to you that you had in {422} fact seen 78-A for identification about a year ago, could you say, "No, I have not"?
 A  No, sir.
 Q  Would you turn it over, please? In any of those three exhibits did you see a photograph of Leonard Peltier?
 A  Of who I felt was Leonard Peltier, yes, sir.
 Q  Would you find that?
 A  (Examining) I have.
 Q  Is it on Page 6?
 A  (Examining) Yes, sir.
 Q  la have that document, please?
 A  (Handing).
 MR. TAIKEFF:  May I confer with Government counsel for a moment, your Honor?
 THE COURT:  You may.
 (Counsel confer.)
 MR. TAIKEFF:  Your Honor, the Government is going to stipulate that on Page 6 of Photograph No. 7 is a photograph of Leonard Peltier.
 THE COURT:  Very well.
 Q  (By Mr. Taikeff) Now, sir, when you testified before the luncheon recess, did you have occasion to look over at the defense table and see Mr. Peltier?
 A  Yes, sir.
 Q  And is your identification of that photograph that you {423} identified a few moments ago based upon what you saw this morning or based upon something you may have seen on the Pine Ridge Reservation or a combination of the two?
 A  Possibly a combination of the two.
 Q  Do you recall whether you ever identified that photograph for Agent Green or his colleague?
 A  It has been a year and a half, sir.
 Q  It has been a year and 17 days and that doesn't answer my question.
 Do you recall whether or not you identified that photograph?
 A  No, sir.
 Q  You do not you recall how many people you identified on that day in March, 1976, when you were interviewed by Agent Green?
 A  Three, sir.
 Q  Did they tell you the names of any of those people?
 A  No, sir.
 Q  Was the photograph which is concedingly Mr. Peltier's one of those you identified on that day?
 A  You asked me that question already.
 Q  That's correct.
 A  And I said "No, sir."
 Q  But you remember that there were three?
 A  Yes, sir.
{424}
 Q  Was your memory recently refreshed in that regard or do you remember it from one year and 17 days ago?
 MR. HULTMAN:  Could I voir dire just one question, your Honor?
 THE COURT:  You may.
 MR. HULTMAN:  When is the first time that you have seen the photos in front of you that counsel presented to you, when is the time prior to being in front of you here in the courtroom today, the last time that you saw these particular photos?
 THE WITNESS:  You mean when I was on the Reservation?
 MR. HULTMAN:  Yes.
 THE WITNESS:  A year ago.
 MR. HULTMAN:  Has counsel or anyone shown you for the Government these particular photos since you have been here?
 THE WITNESS:  No, sir.
 MR. HULTMAN:  No further questions
 Q  (By Mr. Taikeff) Between March 1, 1976, and the time you entered this courtroom this morning, had you seen Leonard Peltier?
 A  No, sir.
 Q  As a general rule, do you find that your memory is better, your memory of a particular event or your memory of someone's face, is it better closer to the time of that event or further {425} in time from that event?
 A  Obviously closer to the time.
 Q  On March 1, 1976, isn't it a fact that you were closer in time to having seen Leonard Peltier than you are today?
 A  Yes, sir.
 Q  Did Agent Green or any of his colleagues show you any documents other than things similar to 77-A, 78-A and 79-A?
 A  No, sir.
 Q  Is it fair to say that the work you were doing on the Reservation was missionary and religious in nature?
 A  Yes, sir.
 Q  And is it also fair and accurate to say that at least as far as non-Christian people were concerned, you were trying to proselytize or convert them to your religious point of view?
 A  Yes, sir.
 Q  Now, you say that you assisted some people on that road at or near Highway 18. Approximately how many such people were there?
 A  Approximately six, sir.
 Q  What was their age range, from the youngest to the oldest?
 A  I would say anywhere from 18 to at the oldest probably 30.
 Q  And how many of those people did you recognize?
 A  I recognized maybe about four or five of them.
 Q  And from what kind of event, prior event did you recognize them?
{426}
 A  Seen them about the village.
 Q  Did you ever speak with any of them?
 A  Perhaps.
 Q  About social matters or religious matters?
 A  Social matters.
 Q  Didn't you ever discuss with them your religious views?
 A  No, sir.
 Q  Why not?
 A  Didn't come up at the time.
 Q  Well, who brings up these things when you go around trying to spread the word?
 A  We do.
 Q  Well how come you didn't bring it up with these people?
 A  The opportunity wasn't afforded then.
 Q  What sort of an opportunity do you need?
 A  The correct situation, sir.
 Q  What is that?
 A  There is nothing that you can explain with mere words, sir.
 Q  Can you explain it in some other way?
 A  It comes with the feeling.
 Q  Are you talking about a feeling that the person who may be confronted is just not the person that you might want to try to proselytize?
 A  No, sir.
 Q  Beg pardon?
{427}
 A  No, sir.
 Q  What kind of feeling are you talking about?
 A  We are talking about things that are -- feelings that are spiritual things that are coming from within; and at times that you know are right for that situation, for the proper teaching situation, and the situation has to be in tune. It has to be at the proper moment to be able to teach, and that moment was not proper.
 Q  Do you think it possible, reasonably likely, rather, you think it reasonably likely that when you were refused access to the Jumping Bull Hall area on June 24, 1975, that it was because the people you were with, then in the presence of, didn't want to hear your religious sermon?
 A  No, sir.
 Q  Not possible. Why is that not possible?
 A  Because --
 Q  (Interrupting) Or not likely. I ask you "likely".
 A  We weren't there to preach, sir.
 Q  Do you have any reason to believe that the people who denied you access knew that fact?
 A  No, sir.
 Q  Then why do you say it is not likely that they were trying to avoid your sermon?
 A  Pure speculation, sir.
 Q  In your work do you ever find that you try to open the {428} conversation on your religious beliefs and people react somewhat strenuously and essentially say, "Go away, leave me alone, I don't want to hear anything"?
 A  Yes, sir.
 Q  What reason, if any, do you have to believe that that was not the reason why you were refused access, do you have any?
 A  No, sir.
 MR. TAIKEFF:  I have no further questions.
 REDIRECT EXAMINATION
By MR. HULTMAN:
 Q  You had just responded, had you not, to these gentlemen to do them a favor?
 A  Yes, sir.
 Q  Could that possibly be a reason for your speculation that after having done them a favor, that you reacted the way you did?
 A  Possibly.
 Q  Had you ever been to the Jumping Bull area before?
 A  Yes, sir.
 Q  Approximately how many times?
 A  Quite a few times.
 Q  Where in the Jumping Bull area had you been before on this quite a few times?
 A  We had been to the Jumping Bull Hall itself and down to the corral.
{429}
 Q  So that you had been in this area on previous occasions then to this particular one?
 A  Beyond that.
 Q  Had you had any trouble getting in or doing the things that you were doing there on those occasions?
 A  No, sir.
 Q  What were you doing there on those occasions?
 A  We would go down and watch the kids at the Rodeo Club.
 Q  And where would the Rodeo Club be? Would you take the pointer and point it out on Government's Exhibit 71?
 A  Sure. The Rodeo Clubs usually have their practices down here (indicating) in the corral, down below that residence there (indicating).
 Q  So that you had been down the same path or the same road past Jumping Hall, past Wanda Sears' house, down to the corral on numerous occasions before?
 A  Yes, sir.
 Q  Had you ever been stopped at any time or told not to go any farther?
 A  No, sir.
 Q  Well maybe that might have been a possibility as to why you concluded what you did, is that a fair conclusion for me to draw?
 A  Yes, sir.
 Q  I just have one last question, Mr. Weston.
{430}
 Counsel asked you questions about goons and about the FBI. Did you ever hear any discussion of any kind from anybody while you were working this area that was disrespectful to -- in any way to the FBI?
 A  As far as linking them in with the goons?
 Q  Yes.
 A  No, sir.
 Q  Beyond that did you ever -- tell me what the general climate and feeling was about the FBI with the people that you went to see and visited and had contacts with?
 A  Mainly in the village it was kind of, you know some for, some against. On the outlying areas, mainly for the FBI.
 MR. HULTMAN:  I have no further questions.
 RECROSS EXAMINATION
By MR. TAIKEFF:
 Q  You spoke about some activities in the corral area, a Rodeo Club?
 A  Yes, sir.
 Q  Was that something which you did because of your interest in horses?
 A  No, sir.
 Q  What motivated that activity?
 A  Our interest in people, sir.
 Q  What kind of interest in people?
 A  Our friendly interest in people.
{431}
 Q  For what purpose?
 A  To become a part of them.
 Q  For you to become a part of them?
 A  Yes, sir.
 Q  In what way?
 A  To feel like a part of the community, sir.
 Q  To what?
 A  To feel like a part of the community.
 Q  So that you could do what?
 A  So that we could become closer to the people.
 Q  And then do what?
 A  Teach the gospel, sir.
 Q  O.k. So you participated in this Rodeo Club to ultimately influence young Indian people and teach the gospel, right or wrong?
 A  We participated --
 Q  (Interrupting) "Yes" or "no".
 A  Sir, we participated in the Rodeo Club because they were our friends, and they asked us to come.
 Q  But you were ultimately and at the same time interested in finding a few more converts, weren't you?
 A  Yes, sir, that's our primary goal.
 Q  Now, on the other occasions when you had access to the Jumping Bull Hall area were any of those armed Indians there? "Yes" or "no".
{432}
 A  Yes, sir.
 Q  The same ones?
 A  One.
 Q  What is his name?
 A  Maybe two. I don't know his name, sir.
 Q  You have seen his picture in there?
 A  Yes, sir.
 Q  Let me see his picture.
 A  (Examining) I have it right now.
 Q  All right. Name the page, the document and the picture number.
 A  1, 11, 78-A.
 Q  Page 1, No. 11, Defendant's Exhibit 78-A for identification.
 MR. TAIKEFF:  May I have a moment, your Honor.
 THE COURT:  You may.
 (Counsel confer.)
 Q  (By Mr. Taikeff) Do you know whether that person's first name is Dusty?
 A  No, sir, I don't.
 Q  Do you have any reason to believe that he was aware of your function on the Reservation?
 A  Yes, sir.
 MR TAIKEFF:  I have no further questions.
 MR HULTMAN:  No further questions.
 THE COURT:  You may step down.
{433}
 THE WITNESS:  Thank you.
 MR. HULTMAN:  Your Honor I would make a request that this witness, as well as others, be excused at the time so that they may not be detained unduly.
 THE COURT:  Well, I will not act on the general request as to others.
 MR. HULTMAN:  I will make that request of this witness now.
 THE COURT:  As to Mr. Weston?
 MR. HULTMAN:  Yes.
 MR. TAIKEFF:  There is no need to ask him to remain within the jurisdiction, your Honor.
 THE COURT:  Very well. You are excused from further participation in this trial.
 (Witness excused.)