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

SA MICHAEL BYRNE

VOLUME 5

MICHAEL BYRNE,
being first duly sworn, testified as follows:
 DIRECT EXAMINATION
BY MR. SIKMA:

 Q  Would you please repeat your name for the jury.
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 A  Michael E. Byrne.
 Q  And what is your occupation?
 A  Special Agent with the Federal Bureau of Investigation.
 Q  And where do you live?
 A  Chicago, Illinois.
 Q  Was that your occupation in June of 1975?
 A  Yes, it was.
 Q  I would direct your attention to the 29th of June, 1975. Do you recall where you were on that date?
 A  Yes, sir.
 Q  Where were you?
 A  I was on the Pine Ridge Indian Reservation.
 Q  And I direct your attention to that particular day. Did you have occasion to search any particular place on the Pine Ridge Indian Reservation?
 A  Yes, we did.
 Q  You conducted a search of the particular area?
 A  Yes.
 Q  Where was that area?
 A  It was near the Jumping Bull property.
 Q  I ask you to turn around and look at what is marked directly behind you as Government Exhibit 71. Do you recognize that particular area?
 A  Yes. Yes, I do.
 Q  Now with relation to Government Exhibit 71, can you tell {956} me what direction it was from there or on that particular map where you were searching?
 A  It was the southwest of --
 Q  And approximately how far southwest of that area were you searching?
 A  Aproximately a mile, mile and a half.
 Q  Were there any roads in the area where you were searching?
 A  It doesn't show on the map but there is a road that runs, would be down in this section down below (indicating). It runs between Oglala Lake and 18.
 Q  So there is, to the bottom below the map there would be a lake, is that correct?
 A  The lake would be down here but the road comes around the lake and meets up with 18 up here on the, be up on the southeast side.
 Q  Okay.
 And approximately how far to the right? Going to the right of the map, approximately how far from the area which is depicted as "tents" on the map would the road run?
 A  Maybe a mile.
 Q  Now with relationship of that, with that road, where did you start your search on that day? I'm talking of the road which you're talking about, a mile off of the edge of the map. Which direction did you start searching with regard to that road?
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 A  That would be south of the road, southwesterly.
 Q  And in what direction did you walk from the road?
 A  Southwesterly.
 Q  How did you have occasion to find anything while you were walking off of the road?
 A  Yes. I found a 44 casing. 44 magnum.
 Q  I would show you what is marked as Government Exhibit 33H.
 MR. SIKMA:  I'll show it to defense counsel.
 Q  (By Mr. Sikma) I'll ask you to examine Government Exhibit 33H and tell me whether or not you know what that is.
 A  It's a 44 magnum casing.
 Q  You recognize that?
 A  Yes, sir.
 Q  And what is it?
 A  It's a shell casing.
 Q  Now was that the shell casing that you found on the occasion which you're speaking of?
 A  I believe so; yes, sir.
 Q  What did you do with the shell casing, 33H?
 A  When I found it I picked it up with a pencil, wrapped it in note type paper, possiblity of it having fingerprints, and when we returned to Pine Ridge I turned it over to our evidence man, marked it as evidence.
 MR. SIKMA:  I would offer it into evidence, Government {958} Exhibit 33H.
 MR. LOWE:  No objection, Your Honor.
 THE COURT:  33H is received.
 Q  (By Mr. Sikma) Can you tell me whether or not on the road you were speaking of, a road that meets Highway 18 which you said was to the south and west of the area depicted on Government's Exhibit 71, what kind of road is that?
 A  It's a gravel type road.
 Q  And are you familiar with the culvert in that road?
 A  I think the culverts would be on the east side of the road. I don't, I was up on the slope, the slope starting the hill.
 Q  Approximately how far is it from the culvert that you found this government Exhibit 33H?
 A  Maybe half a mile.
 Q  Is that going up the hill? If you start at the culvert would you be going up the hill?
 A  Yeah. I was on an incline going up the hill.
 MR. SIKMA:  I have no further questions.
 MR. LOWE:  No questions, Your Honor.
 THE COURT:  You may step down.
 MR. HULTMAN:  Your Honor, the next witness would be of considerable length.
 THE COURT:  I just closed my book.
 The court will recess until 9:00 o'clock tomorrow {959} morning and again I'll remind the jury that you must keep an open mind, do not form any conclusions and you must discuss the case.