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

MAP   FROM THE MAP {EXHIBIT 71} USED AT THE TRIAL
~~~~~~~~~~~~~~~~~~~~~~
VERBAL MAP  A
SA HORACE HEAFNER  B

MR. HULTMAN:  Your Honor, the next exhibit will be the showing of a 170 feet of Super millimeter movie film concerning the area. It would take us -- and I think it ought to be done at this time, your Honor, because I think it is illustrative and counsel is in agreement.
 It will take us a short time in order to get the screen set up and the projector and so forth, so I would request of the Court that maybe we would stand at ease for five minutes, or whatever time it takes, in order to do that; and what will then follow, your Honor, will be the showing of the film; and I will read a brief script with it which again counsel has stipulated to and will be made a part of the record along with the film itself; and I am trying to find the film's number here as an exhibit number -- Exhibit No. 10, and the script with it will be {495} Exhibit 10-A.
 THE COURT:  Are you offering those exhibits in evidence?
 MR HULTMAN:  Yes, and I am offering them both at this time too.
 MR. TAIKEFF:  No objection.
 THE COURT:  Exhibits 10 and 10-A are received.
 (Plaintiff's Exhibits Nos. 10 and 10-A, having been previously duly marked for identification, so offered in evidence, were received.)
 THE COURT:  You may set it up.
 The question has been raised by the court reporter as to whether counsel would desire that the dialogue apparently that you are going to read --
 MR. HULTMAN:  (Interrupting) Yes, your Honor.
 THE COURT:  (Continuing) -- in the showing of the film should be reported.
 MR. HULTMAN:  I will give a copy of it as an exhibit, and it will not in any way be different, your Honor, from what the exhibit is. I see no reason for the reporter to, if counsel agrees.
 MR. TAIKEFF:  I am agreeable to that, your Honor.
 THE COURT:  Very well, it will not be necessary to report it.
 MR. HULTMAN:  She can make it a part of the record, {496} of course, and she can use the script, the Exhibit 10-A.
 Now, your Honor, there is agreement of counsel that the operator -- and this is a very neophyte operation, beginning with the film and everything concerning it, it is the best there is -- that the operator will run it forward a short distance in order to get the focus and so forth, and run it back; and then I will do the narration if counsel is in agreement.
I think we are going to have to have some lights or we aren't going to see anything.
 (Plaintiff's Exhibit No. 10-A during the showing of the movie was read by Mr. Hultman as follows:)
 "The following is a verbal description of approximately 170 feet of Super 8mm movie film depicting the area around the Jumping Bull Hall vicinity and an area commonly referred to as `Tent City.'  "Directions and information furnished herewith will be described from the point of view of being behind the movie camera.
 "This is a view looking in an easterly direction from the Jumping Bull residence sweeping to the north direction showing the Wanda Siers residence with a dirt road in front. The sweep continues from north to northwest down the dirt road into a valley which is due west of the Jumping Bull and Wanda Siers residences. The view shows a {497} corral which is at the edge of a wooded area at the far western section of the valley. This shows the area where the dead FBI Agents, Ronald A. Williams and Jack R. Coler were found on 6/26/75. Sweep continues from west to west-southwest to include as a close-up on the bottom part of the screen a root cellar, continuing in a southwesterly direction to include six wrecked vehicles in the valley and thereafter in the foreground what appears to be a white propane tank and a pile of wood. Continuing now in a southerly direction showing a wrecked car and green roofed and green sided house which is at this point in a due southerly direction from the camera. The sweep continues from south to south-southeast to show another out-building, a shade and then the main residence of Harry and Cecelia Jumping Bull. Sweep continues to show another out-building with a whitish colored roof, the sides being of hewn logs which is now in a due easterly direction. The sweep continues from east to east-northeast to show a white and black Chevrolet pickup truck and a turquoise colored vehicle. Camera sweep continues to again include the Wanda Siers residence which is due north. Another film strip of the green roofed, green sided house which is south-southwest from the Jumping Bull residence and in the due southerly direction from the camera. From the green house the camera sweeps from south to south-southeast {498} and again to east-southeast and due east to include the residence and general surroundings of the Jumping Bull residence. The camera then reverses and goes back to an east-southeast direction to again include the area around the Jumping Bull residence. At this time close-ups are shown of the Jumping Bull residence and several nearby buildings thereto. The camera then sweeps from east-southeast to an east-northeast direction showing close-ups of previously filmed areas. The film now switches to show the area several yards due east of the Jumping Bull residence shooting in a southerly direction and sweepIng in a southerly direction to include vehicles and the Jumping Bull residence. The film now depicts an area to the south of the Wanda Siers residence panning an area overlooking the valley to the west of that residence and sweeping in a southerly direction to include the Wanda Siers residence and a distant shot of the Jumping Bull residence. Continuing sweep from south to east to include the road entering by the Jumping Bull Hall into the Wanda Siers and Jumping Bull residences from Highway 18. This view shows a vehicle traveling in a northerly direction on Highway Route #18. The film now depicts a front view of the Wanda Siers residence a northerly direction and sweeping to the west and back again to the Wanda Siers residence, and again panning an area in the westerly {499} direction from the Wanda Siers residence. Film now showing the west side of the Wanda Siers residence with the camera facing in a northeasterly direction and sweeping to the north and north-northwesterly direction on to the west depicting the valley due west of the Siers residence. Continuing with a sweep of this valley in a direction of west to south. Again the film shows the corral in the valley, and previously mentioned wrecked vehicles in the distance which is in a due southerly direction and again panning to the direction south to the Jumping Bull residence and from south to east, back again to a due southerly view from the general area of the Wanda Siers residence into the valley below. With another pan back from south to west direction showing the rising terrain west of the Jumping Bull general area. The film now depicts the dirt road leading approximately 50-60 yards in a south-southwest direction from the Jumping Bull residence which road generally follows the tree line in a south and southeasterly direction from this residence. This view is taken with the camera pointing in a northerly direction at first and then swinging, following the dirt road along a fence line into a heavily wooded area which at this point would be filming in a southeasterly direction. Following down this dirt road into a heavily wooded area and then viewing a red and white van type {500} vehicle parked in the middle of the dirt road in the heavily wooded area, which is the area commonly known as Tent City. The camera then pans the general area of this red and white vehicle showing some of its interior and general surroundings. This vehicle was facIng in a generally northwesterly direction. The camera now pans an area commonly known as `Tent City' showing some tents and another vehicle also parked facing in a north or northwesterly direction and pans the general area surrounding these tents, this vehicle and items found to be in the vicinity. The camera now views an individual uncovering a weapon which is covered with heavy pieces of bark. The camera shows a close-up of this weapon on the ground and continues to pan the underbrush and foliage in this general area to show other weapons found therein and being held in the air for the camera by individuals. The camera then shows a green olive-drab duffle type bag which was found near the green vehicle which was located parked in this area. The camera continues to pan the general area of the foliage and underbrush and other items in the area known as `Tent City.' The camera now moves to an area due north of the area known as Tent City approximately 20 yards into a small rise where we see movies of the FBI vehicle known to have been assigned to SA Ronald A. Williams. The camera pans the general area where this {501} car was located and of the interior and exterior of the vehicle. Immediately upon leaving the scene of Agent Williams' vehicle, the camera shows another view of the Jumping Bull residence facing a northeast-north direction panning to the north and then from north to north-northwest again showing the valley to the due west of the Jumping Bull residence, with a zoom-in on the corral located in the far western section of this valley and then showing a general overlay of the valley facing in a generally western direction which was the death scene of SA's Williams and Coler. Panning from the west to the south the camera shows the dirt road and the wrecked vehicles to the west-southwest of the Jumping Bull residence and the road entering into the heavily wooded area to the south, going toward Tent City, again facing in a southerly direction showing the green house known to have been inhabited by Ivis and Angie Longvisitor and continuing the sweep from south to east showing other out-buildings and the main residence of Harry and Cecelia Jumping Bull with the camera pointing in a generally easterly direction with a continued sweep from the east to the north. The sweep goes back again showing the residence of the Longvisitors with the camera facing south and views of the general area surrounding the Jumping Bull residence from both north and west sides. The camera then shows the plowed field {502} east-southeast and due east of the Jumping Bull residence and continues to pan from east to north showing Jumping Bull Hall, a large shade and then the black and white pickup truck and turquoise colored sedan from several angles. The camera, again facing a westerly direction, makes a quick sweep of the valley from the Wanda Siers and Jumping Bull residences to include the Siers residence and a distant shot of the Jumping Bull residence area. Again sweeping after the Jumping Bull residence from south to east, the camera shows the main entrance road from Highway 18 coming in from an east to west direction toward the Jumping Bull residence with a large butte in the background, showing a vehicle traveling in a northerly direction on Highway 18. There are again other views of the Wanda Siers residence facing in a northerly direction and sweeping to the west showing the general area around this residence. The camera, again facing in a westerly direction sweeps part of the valley which is west of the Wanda Siers residence, continuing a sweep from west to south to show the corral on the far western edge of the valley, the dirt road entering the valley from the north to the south to again include the wrecked vehicles at the far southern edge of this valley west of the Jumping Bull residence. With a continued sweep to the south the camera shows part of the Jumping Bull residence area, and back {503} again from south to south-southwest to again show the valley located directly west of the Jumping Bull and Wanda Siers residences and one of the roads entering this valley from north to south."
{504}
 MR. HULTMAN:  The government, Your Honor, calls Horace Heafner next.
HORACE HEAFNER, being first duly sworn, testified as follows:
 DIRECT EXAMINATION
BY MR. HULTMAN:
 Q  Would you state to the jury and the Court your name, please.
 A  Horace James Heafner.
 Q  And where is your home, Mr. Heafner?
 A  In Fairfax, Virginia.
 Q  What is the nature of your occupation?
 A  I'm employed with the Federal Bureau of Investigation, Washington, D.C.
 Q  And approximately how long have you been an employee of the Federal Bureau of Investigation?
 A  29 years.
 Q  And what has been the nature of your experience with the Federal Bureau of Investigation?
 A  I prepared visual aids for investigation, training and other uses.
 Q  And as a result, are you called upon in your capacity to make various charts, exhibits with reference to possible upcoming exhibits in trials?
 A  Yes, I am.
 Q  In this particular case that we are hearing here, were you {505} called for such assistance?
 A  I was called to prepare charts and a mockup of a scene on the Pine Ridge Indian Reservation in South Dakota.
 Q  Would you go back for the jury and indicate what were the things that you did in this instance in order to prepare to make the various exhibits that you and I are going to discuss for a few moments. For example, the making of aerial photographs and so forth.
 A  Yes.
 I arranged with a company in Rapid City, South Dakota, to make aerial photographs of the area that you see in back of me. And then I went on the scene and made measurements of this area.
 Q  So that the base for which you start to make the various charts and so forth that are here was first an aerial photograph of the area itself?
 A  Yes. That's right.
 Q  And is that a fairly accurate representation, an aerial photograph of whatever that piece of ground might well be?
 A  Yes, it is.
 Q  Would you tell us then what you did next?
 A  Then I took this material back to Washington and prepared the charts and the mockup of the area.
 Q  Now in addition to the taking of the aerial photographs, I believe you indicated that you went to the area itself in {506} person, did you not?
 A  Yes, I did.
 Q  And referring to Government Exhibit 71 which is an exhibit you did prepare yourself, is it not?
 A  Yes, it is.
 Q  Would you indicate to the jury what area and what you did in terms of being physically on the ground.
 A  In this matter I went to the area and took measurements of the buildings and certain places at the site and took them back to the office for use in preparing this chart.
 Q  And basically you had aerial photographs of the area, personally walking and measurements that you personally took from the area on the ground itself?
 A  That's correct. In addition to photographs.
 Q  Would you then just in general terms tell the jury what it is that Government's Exhibit 71 represents. Not in terms of any evidentiary factor but only the objects that are portrayed there or attempted to be portrayed there.
 A  In this exhibit it's a diagram of an area called the Jumping Bull Hall area on the Pine Ridge Indian Reservation in South Dakota and it portrays the layout of the area with the structures at the scene showing connecting roads. And then an area to the right that shows the location of the tents. In addition there are cards and tags with items on it.
 Q  Do you have a pointer that is prepared for use with this {507} exhibit?
 A  Yes, I do.
 Q  Would you go to that pointer and relate the pointer to the exhibit.
 A  This is the exhibit?
 Q  Yes. Exhibit 71.
 How is the pointer itself connected to this exhibit for anyone who might use the exhibit?
 A  This pointer is scaled so that you can take and measure off any distance on here to give you an approximate distance on the ground.
 Q  Now what is the scale of Government's Exhibit No. 71?
 A  In this case, since this is an enlargement of the area, the scale is set forth at the top here. It would be about two and a half inches equals 100 feet if you measured it out.
 Q  And if someone used the scale at the top or used the pointer scale that you have, you can measure with a relative degree of accuracy the distance between various points and objects on this exhibit, is that correct?
 A  That's correct.
 Q  For example, would you measure an approximation for me from the point on Government's Exhibit 71 wherein we have referred to, and on the exhibit is a green house which is located at this point on the map (indicating). Would you measure the distance approximately from that point for me down {508} to the point on the road which would indicate, or the location of what the object is known as Coler's car.
 A  All right.
 Q  Just by way of illustration to the jury.
 A  That measures about 600 feet.
 Q  And it's 600 feet, that would be approximately how many yards?
 A  200 yards.
 Q  And would you do the same thing for me, because Counsel had asked a question the other day of measuring from the same green house to a point where, which is illustrated as Special Agent Williams' car up in the upper right-hand corner and tell us approximately what that distance is.
 A  That would be about 1400 feet.
 Q  And approximately how many yards would that be?
 A  Be about 700 yards.
 Q  1400 feet and approximately how many yards?
 A  Excuse me.
 MR. TAIKEFF:  We'll stipulate, Your Honor, it's 467 yards.
 Q  (By Mr. Hultman) All of us on the moment do make an error now and then, don't we, sir.
 Are the various objects that you have portrayed there, the houses, the roads, are they in the relative position and in the relative distance that are portrayed on the aerial photo {509} from which you began your work?
 A  Yes, they are.
 Q  Now I would now direct --
 MR. HULTMAN:  And I might ask Your Honor if the witness might go to Government's Exhibit 20.
 THE COURT:  The witness can approach Government Exhibit 20.
 MR. HULTMAN:  Your Honor, I might ask if it would be possible at this time, maybe the jury could leave the box to be at a point where they could see, to be somewhere for a brief explanation of this exhibit. If Counsel has no objection.
 MR. TAIKEFF:  I have no objection, Your Honor.
 THE COURT:  The jury may step down from their jury box and view the exhibit as the witness testifies.
 MR. HULTMAN:  Might I remain here with the witness, Your Honor, to ask these few questions?
 Q  (By Mr. Hultman) Now referring to Government's Exhibit 20, Mr. Heafner, and would you explain in general what this exhibit is and how you prepared it.
 A  This is the three dimensional model of the area at the Pine Ridge Indian Reservation called the Jumping Bull Hall area. It was prepared from aerial photographs and the topographic studies and on site measurements of that area.
 Q  Is this prepared to a scale also?
 A  Yes, it is. It's one inch on here equals ten feet on the {510} ground.
 Q  So ten feet on the ground in distance is represented on this exhibit by one inch?
 A  That's right.
 Q  Now do you have also a scale on this same pointer, the other side of this pointer which measures distances as far as this model is concerned?
 A  I do.
 Q  Now in addition to being a representation of a part of the area, the center part area primarily of Government's Exhibit 71, this also gives some dimensions in terms of showing generally what the elevations are which cannot be shown or seen on Government's Exhibit 71, is that correct?
 A  That's correct.
 Q  To show what is relatively higher or relatively lower in comparing one spot or one area with another?
 A  Yes.
 Q  Now so that the jury might be oriented, they have been observing Government's Exhibit No. 71 and if we would look and I would direct the jurors' attention and the witness to that exhibit. If we would look at the left-hand upper corner we would see Highway 18 and where it begins on the left side of that exhibit. Where in relationship now is that point where you start in to Jumping Bull Hall as you leave Highway 18 and start in to Jumping Bull Hall, where approximately on or off of {511} this exhibit would that be?
 A  It would be east of this area here (indicating). Highway 18 would come in at this angle (indicating).
 Q  And is this the road that comes in from Jumping Bull Hall?
 A  From Highway 18.
 Q  Highway 18. All right.
 What is the first building as represented both on ,Government's Exhibit No. 71 and the first object on this end of Government's Exhibit 20 which is the extension, so the record will show, of this exhibit, which is this building portrayed here?
 A  It's referred to as Jumping Bull Hall.
 Q  So that that lone building there, that is referred to on Government's Exhibit No. 71 which says, as you leave Highway l8 and go, the first building is Jumping Bull Hall so referred there. Is this object on the extension?
 A  Yes, it is.
 Q  Now would you then, starting at Jumping Bull Hall and going down the road point out various objects that are shown on this mockup.
 A  Well, I can refer to this as the Sears' house.
 Q  All right. That is the Sears' house.
 MR. HULTMAN:  And let the record show that he is pointing to a house which is colored in what way?
 A  Well, this is the front part is stucco and the back part, {512} it's a red asbestos type brick.
 Q  Have you used colored combinations for the buildings to try to portray that thought?
 A  Yes, I have.
 Q  Now if we were to continue on down through the cut here, would you be going from a fairly level elevation or a flat area to a lower elevation?
 A  Yes, you would.
 Q  And you would be going down that road then toward some objects that are represented there at the present time which appear to be automobiles, is that correct?
 A  That's correct.
 Q  Now the first object there is an object with sort of a grey automobile in color, is that right?
 A  That's right.
 Q  Would you tell the jury what that object is so that we leave no confusion in anybody's mind?
 A  This would be an abandoned automobile.
 Q  A single abandoned automobile.
 Does that also appear on Government's Exhibit No. 71?
 A  Yes, it does.
 Q  And is so pointed out there in wording, is that correct?
 A  That's correct.
 Q  Now if you move on farther down, you come to another vehicle, a yellow or gold looking vehicle, and would you tell {513} the jury what that represents.
 A  That, I'm told that that vehicle represents one of the agents' cars.
 Q  And this was the location through analysis that was the area at which the automobile was found, is that correct?
 A  Yes.
 Q  Now would you point out then where corrals are in that general vicinity.
 A  All right. We go down in this lower portion here to Whiteclay River.
 Q  There are in effect what appears on both Government's Exhibits 71 and 20 here sort of two corrals, separate corrals, one larger and one smaller?
 A  Yes, sir.
 Q  Are those again so represented on Government Exhibit 71?
 A  They are.
 Q  Now if you continue on around the road that sort of circles it and you got to the far edge of this Exhibit 20, there appears to be a row of about, well, six specifically, again, cars, is that correct?
 A  Yes.
 Q  That's what that represents?
 A  Yes.
 Q  Now is that the same object that is also represented on Government's Exhibit No. 71 where there is a cluster of cars?
{514}
 A  Yes, it is.
 Q  Now if you were to continue on that road toward a number of jurors and toward the wall, would you continue on in a direction to go to the area which is the tent area as is shown on Government's Exhibit 71?
 A  Yes, you would.
 Q  And then what, if you came on back up the hill, are the various buildings that are represented in a cluster here? Would you start with the far building. It's green in color and tell us what it is.
 A  I understand that is a green house which is covered in green tar paper.
 Next to that would be a shed and then this house here is a stucco type frame house.
 This is a log type house and then you have another green tar paper house.
 MR. HULTMAN:  Might I for the record, and I would think without any objection by Counsel, that the green house is the house that we referred to and has been referred to and will continue to be referred to as the green house.
 Q  (By Mr. Hultman) The center white house with trees in the area is the Jumping Bull residence and the log house then is the next residence this way. Would you point out the log house.
 A  Right here (indicating).
 Q  This is the log house. So that the objects here, generally {515} buildings are, this is Jumping Bull Hall, this is the Wanda Sears' residence, the bottom of the road where the vehicle as represented there of the FBI agents, the two corrals, the abandoned automobiles, the green house, the Jumping Bull residence and the log house (indicating). Those are the major items as far as buildings in the area, isn't that correct?
 A  That's correct.
 Q  And then there is one other additional small building between the log house and the Wanda Sears' house?
 A  Yes.
 Q  Now generally speaking is the terrain between Highway l8 and where you can see here it drops off pretty much a flat, very flat table top area?
 A  Yes, it is.
 Q  And you have got it portrayed here?
 A  Yes. It's quite flat in here (indicating).
 Q  Then it drops away as is generally shown in this exhibit down to the creek area, is that true?
 A  That's true.
 Q  Show us where the creek area would run beginning, for example, beyond the Wanda Sears' house and show the general direction that the creek would run.
 A  This creek actually connects Oglala Lake and starts back over this way and runs in a winding direction over in that area, back up off the model towards the tent area (indicating).
{516}
 Q  Now you have here on this exhibit 20 some things that portray trees or bushes and then areas that have none. Is it a fair assumption on my part that in the areas where there is none there are no trees of any kind and that's why they are portrayed there as being an open area?
 A  That's right.
 Q  And where you have shown foilage, that is an area where there is, consisting of trees and foilage, is that correct?
 A  Yes. That's correct.
 Q  Now Counsel has asked me to ask you for the defendant further questions. Would you relate with reference to north and south here and relate it on with relationship to Exhibit 20 what is portrayed and which you have been on the ground and seen, as you have indicated, the area known as the tent area. Would you point and show approximately where the direction would be from where you're standing at the Wanda Sears' residence and moving on to the Jumping Bull property with relationship to this exhibit where the tent area would be.
 A  It would be in a south, I'd say more of a southeasterly direction.
 Q  And that is the direction you are now pointing, is that correct?
 A  Yes. That's correct.
 MR HULTMAN:  I do not recall what the correction was when we measured it, and you corrected it, corrected the witness, {517} Counsel, the approximate distance from the green house to the automobile and the tent area, do you recall?
 MR. TAIKEFF:  Approximately 12 feet.
 MR. HULTMAN:  But in yards.
 MR. TAIKEFF:  It was 1400 yards.
 MR. HULTMAN:  1400 feet.
 MR. TAIKEFF:  1400 feet.
 Q  (By Mr. Hultman) Could you indicate approximately with your present measurement at Counsel's request, approximately generally how far away from the green house, make the same measurement to show on the table beyond or in that general direction about where the tents and the tent area would be located 1400 feet.
 A  It would be about here at this glass (indicating).
 Q  About where the glass is located on the second table?
 A  Yes.
 MR. HULTMAN:  I have no further questions.
 Does Counsel have any questions?
 MR. TAIKEFF:  No.
 MR. HULTMAN:  I believe we could return, Your Honor.
 Your Honor, I would offer into evidence Government's Exhibit 20.
 MR. HULTMAN:  Is that subject to a special understanding that Counsel have concerning its usage or should we approach the bench and explain to the judge possible predicaments.
{518}
 MR. HULTMAN:  I would suggest, Elliot, if we do come to that point we meet it at that time.
 MR. TAIKEFF:  At this time, Your Honor, anticipating no difficulties, should a problem arise, we won't object.
 THE COURT:  Exhibit 20 is received.
 MR. HULTMAN:  I have no further questions.
 THE COURT:  You may cross-examine.
 CROSS-EXAMINATION
BY MR. TAIKEFF:
 Q  Have you ever seen the film which is Government's Exhibit No. 10, I believe, the color film of the area?
 A  Yes, I have.
 Q  And in that film did you notice any people whom you recognized as FBI agents?
 A  I don't recall. Offhand I don't recall. I was looking more at the terrain. I wasn't conscious of individuals.
 Q  Do you recall whether there were any people in the film who appeared in khaki clothing, military type garb?
 A  I believe I saw some; yes.
 Q  Do you know whether they were FBI agents?
 A  I don't know who they were.
 Q  Is it customary for FBI agents to wear khaki or military type garb on the reservation?
 A  I'm not familiar with that ruling.
 Q  Now you went personally to this area to make certain measurements on or about July 7, 1975, did you not?
{519}
 A  On July 8, 1975.
 Q  While you and your colleagues were there preparing sketches and taking measurements, were you accompanied by members of the Denver, Milwaukee and Chicago S.W.A.T teams?
 A  Yes, I was.
 Q  What is a S.W.A.T. team?
 A  Well, it's my understanding it's agents that are specially trained in situations that require manpower to come in and secure an area or provide protection or take over an area.
 Q  Do you know what S.W.A.T. stands for?
 A  Special Weapons Attack Team.
 Q  Were three of those teams there with you at that location?
 A  There were men with me; I don't know what teams they represented.
 Q  Putting aside the names of the cities involved or possibly involved, how many such people were there in the area when you went to make measurements?
 A  I didn't ask. I don't know.
 Q  And what kind of clothing did they wear?
 A  Various types of clothing. Some had fatigues.
 Q  You say fatigues, you're talking about khaki colored or military type clothing?
 A  Green. Yes.
 MR. TAIKEFF:  I have no further questions.
 MR. HULTMAN:  No further questions, Your Honor, and I {520} have run out of witnesses as well as film.
 THE COURT:  The timing was quite good.
 You may step down.
 Is the United States ready at this time to, I'm going to recess the court as far as the jury is concerned. It's 5:00 o'clock. I was wondering if the United States was ready to respond to some of the matters mentioned by defense counsel.
 MR. HULTMAN:  No. The government is not, Your Honor. All of us have been here in the courtroom and I would like an opportunity at least until Monday morning to look at those various items and I think they would agree.
 MR. TAIKEFF:  No objection.
 THE COURT:  Very well.
 The court will recess then until 9:00 o'clock Monday morning. And I again remind the jurors that you are not to discuss the case or form any opinion in your minds until it has been submitted to you for your deliberations.
 The court is in recess.