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

{CONT FROM VOL 4 CROSS EXAM ROBERT ECOFFEY}

MR. HULTMAN:  Mr. Ecoffey was still on the stand, I believe.
 MR. TAIKEFF:  May I proceed, Your Honor?
 THE COURT:  You may.
 CROSS-EXAMINATION CONTINUED
BY MR. TAIKEFF:
 Q  Good morning, Mr. Ecoffey.
 A  Good morning.
 Q  Could you pull the microphone a little closer to yourself so we don't have any trouble hearing you. Thank you.
 Do you recall last night I asked you a question about the distance between the place where you confronted the three young men and the BIA jail?
 A  Yes, I do.
 Q  And I believe your answer was that the distance, it was 13 miles, is that correct?
 A  That's correct.
 Q  Mow you're a police officer, are you not?
 A  Yes, I am.
 Q  And could you tell us whether possession of a clip with bullets in it is a crime on the reservation?
 A  I'm not sure. But in a tribal statute I believe they have something concerning --
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 Q  You say you think they have something. You mean the near possession of bullets or a clip with bullets in it, is that your position?
 A  With a person under the age of 18. That's the tribal
 Q  I thought you told us yesterday you thought they were 19 or 20 years old.
 A  Late teens. I'm not positive.
 Q  Did you place any of those young individuals under arrest?
 A  No, I didn't.
 Q  Do you know that you share in a certain sense the law enforcement responsibility on the reservation with the FBI, right?
 A  That's correct.
 Q  You take care of certain crimes, they take care of other crimes, right?
 A  That's correct.
 Q  Is it your understanding that the FBI is authorized under the law to arrest somebody for possessing a clip with bullets in it on the reservation? I asked what your understanding is.
 A  Well, at this time I don't, I don't believe the three persons were under arrest.
 Q  I see.
 Did they ask to go with you to the BIA jail?
 A  No. They were asked if they would.
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 Q  What did they say?
 A  Said "Sure."
 Q  And as far as you could tell they seemed perfectly happy to go along for the ride?
 A  Yeah.
 Q  They didn't seem angry?
 A  No.
 Q  Or annoyed in any way?
 A  Not as far as I could tell.
 Q  Were they searched before they were taken to the jail?
 A  No. I don't believe so.
 Q  Were they treated in a polite way?
 A  Yes. As far as --
 Q  As far as you could tell they were treated in a respectful way?
 A  Yes.
 Q  Now when you went to Wanda Sear's House, did you enter the house before you saw Wanda Sears or the person you were told was Wanda Sears?
 A  No, we didn't.
 Q  You knocked on the door?
 A  Yes.
 Q  And she was asked whether you, meaning you and the three officers with you, could come in, right?
 A  Yes.
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 Q  They didn't push her around in any way, did they?
 A  No.
 Q  They didn't yell at her?
 A  No.
 Q  They didn't treat her in a disrespectful manner?
 A  No, they didn't.
 Q  As far as you're concerned they treated her politely and properly?
 A  Yes.
 Q  And she invited them into her house?
 A  Uh-huh.
 Q  They didn't push their way in?
 A  No.
 Q  They didn't threaten her with anything?
 A  No, they didn't.
 Q  I show you what has been marked Defendant's Exhibit 78A for identification and ask you to look on the several pages where you will see 12 photographs per page and tell me whether you see the photograph of any of the young people that you encountered that evening, the 25th.
 A  Photograph No. 11 on the first page.
 Q  And who was that?
 A  This is John Nelson. We call him Dusty Nelson.
 Q  Anybody else? Would you continue looking, please.
 Anything else, sir?
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 A  No.
 Q  Look at page 3. Look over all of those photographs again, please.
 Do you see anyone you recognize?
 A  You mean that I seen on the 25th?
 Q  On the evening of the 25th.
 A  No, I don't.
 Q  Look at photograph No. 3.
 Anything?
 A  No.
 Q  Okay.
 May I have that back, please.
 MR. TAIKEFF:  May I confer with Counsel for a moment, Your Honor?
 THE COURT:  You may.
 Q  (By Mr. Taikeff) Mr. Ecoffey, did you write a report of your activities of the day, June 26th, 1975?
 A  Yes, I did.
 Q  And it was a special report, was it not?
 A  Yes, it was.
 Q  And it ran on for several pages, didn't it?
 A  Yes, it did.
 Q  I want to show you Defendant's Exhibit 87 for identification and ask you to look at it for as long as necessary so that you could answer the following question:  does that document contain {750} a verbatim reproduction of the report you wrote concerning your activities of June 26th, 1975?
 MR. HULTMAN:  Counsel, could I just see the report? I would just like a chance each time to see which exhibit it is you're referring to. Could I see it?
 MR. TAIKEFF:  All right. I don't mind in this particular instance showing it to Counsel, Your Honor.
 MR. HULTMAN:  Without that knowledge, Your Honor, I'm in no position to offer any objections.
 MR. TAIKEFF:  Your Honor, I haven't offered it in evidence.
 MR. HULTMAN:  Even ask questions.
 MR. TAIKEFF:  I'm not questioning Mr. Hultman.
 MR. HULTMAN:  Thank you, Counsel.
 Q  (By Mr. Taikeff) I'm returning to you, sir, Defendant's Exhibit 87 for identification. I want to repeat my question in the event that I misspoke before. I'm asking you whether that document contains a reproduction of the special report you said you wrote concerning your activities on June 26, 1975. Yes or no?
 A  Yes, it does.
 Q  At the time you wrote the report, were those events fresh in your memory?
 A  Yes, they were.
 Q  And did you write the report with the intention of {751} recording your actual recollections truthfully?
 A  To the best of my knowledge; yes.
 Q  And did you write this report in the course of your official duties as a police officer?
 A  Yes, sir.
 Q  And in connection with your activities relating to the incident which is the subject matter of this lawsuit?
 A  Yes, sir.
 MR. TAIKEFF:  I have no further questions.
 REDIRECT EXAMINATION
BY MR. HULTMAN:
 Q  I just have one question, Mr. Ecoffey. The various photos that were shown to you, you did not recognize them at the time, is that correct?
 A  That's correct.
 Q  And that was your testimony to Counsel?
 A  Yes, sir.
 MR. HULTMAN:  No further questions.
 MR. TAIKEFF:  Nothing further, Your Honor.
 THE COURT:  You may step down.