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

SA MICHAEL T. DYER
CROSS EXAMINATION  B

MR. CROOKS:  Government calls Michael Dyer.
 MICHAEL T. DYER,
being first duly sworn, testified as follows:
 DIRECT EXAMINATION
BY MR. CROOKS
 Q  Special Agent Dyer, would you again give you full name for the record, please.
 A  That's Michael T. Dyer, D-y-e-r.
 Q  What is your occupation, Mr. Dyer?
 A  I'm a special agent with the Federal Bureau of Investigation.
 Q  And what is your present duty assignment?
 A  Chicago.
 Q  Calling you attention back to June of 1975. Did you have occasion to be on the Pine Ridge Indian Reservation near Oglala, South Dakota?
 A  I did.
 Q  And calling your attention specifically to the 26th of June of that same year, 1975, did you assist in the search conducted in the crime scene area?
 A  I believe that was the 27th, sir.
 Q  Well, 26th or 27th.
 A  That's correct.
 Q  It was the 27th that actually the search was conducted; is that correct?
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 A  That's correct.
 Q  And were the searches conducted in conjunction with search warrants issued from the South Dakota Federal Courts?
 A  They were.
 Q  And during the course of the search would you indicate which area particularly you were searching?
 A  I was in the area of tents which was south of the Jumping Bull Hall area.
 Q  All right. I hand you Exhibit 37-A, ask if this is an item that you can identify?
 A  It is.
 Q  And what is that?
 A  This is a Commando Mark 3 semiautomatic 45 caliber rifle.
 Q  So the jury can distinguish, to me that looks like what we call a Tommy gun. That is not an automatic weapon?
 A  No. That's what I thought it was when I first saw it, but it's a semiautomatic.
 Q  In other words for each round you have to pull the trigger each time?
 A  It will fire as fast as you can pull the trigger.
 Q  But pulling the trigger would be an automatic? In other words, you pull it once and it keeps going until you take your hand off the trigger?
 A  That's correct.
 Q  But that is not that, that is a semiautomatic?
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 A  Semiautomatic, that's correct.
 Q  With regard to that weapon, would you indicate with the pointer, and indicate to the jury where in the tent area it was that you located it. Calling your attention to Exhibit 71, the large map behind. Approximate location.
 A  That was approximately in this area right here (indicating).
 MR. CROOKS:  Let the record indicate an area roughly on the easterly portion of the thatched area referred to as the tent area.
 Q  (By Mr. Crooks) Where was this exhibit found? Was it lying open on the ground or was it under something, concealed in some way? Would you give a description of that.
 A  No. The -- I had stepped over that weapon a number of times. It was hidden under some bark.
 Q  All right. For the jury's information we have seen a photograph or a movie film, and a weapon similar to that appeared. Would that have show the finding of that weapon as depicted --
 A  I found it and I called the photographer over.
 Q  And the weapon was the one that was shown in the photograph, or the movie film?
 A  That's correct.
 Q  All right.
 MR. CROOKS:  United States will offer 37-A.
 MR. TAIKEFF:  No objection.
 THE COURT:  Exhibit 37-A is received.
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 MR. CROOKS:  That's all the questions we have, Your Honor.
 Mr. TAIKEFF:  May I inquire, Your Honor?
 THE COURT:  You may.
 CROSS-EXAMINATION
BY MR. TAIKEFF
 Q  Agent Dyer, you wrote one or more official reports in connection with your activities relating to this case, did you not?
 A  Reports of interviews, 302s?
 Q  Yes, 302 forms.
 A  Yes, I did.
 Q  And as a general rule, am I correct that these reports are to be written in as much detail as possible so as to record every single fact which comes to your attention before you write the report?
 A  No, that's not a general rule.
 Q  You don't do that?
 A  No. Not every fact that comes to your attention. Some facts --
 Q  Every fact that you think has some significance in connection with your investigation?
 A  That is correct.
 Q  Every fact that you think has some significance in connection with your investigation?
 A  That is correct.
 Q  You don't put what color shoes you were wearing, but you put down something that someone said that might be important in connection with the investigation; is that right?
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 A  That's correct.
 Q  Now, as a rule the 302 has three different places where a date is put; is that correct?
 A  That's correct.
 Q  And one of the spaces marked "interviewed on" is the date on which you interviewed a person, if that's what the report is about, or the date on which you did the things which you are recording on the 302 if it wasn't an interview?
 A  That's correct.
 Q  So if you interviewed somebody on June 28th you'd put June 28th in the space marked "interviewed on," right?
 A  That's correct.
 Q  And if instead of interviewing someone you went out and you searched an area and you found something such as that gun, then instead of making some recordation you would put in the box marked "interviewed on" the date on which you found that object, even though in fact you didn't interview anybody?
 A  That's correct.
 Q  Now, there's a date that the report itself is physically prepared or typed; is that right?
 A  That's correct.
 Q  And that date appears in the upper right-hand corner of the 302, right?
 A  That is correct.
 Q  And that's designated "date of transcription" correct?
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 A  The date and the time, that's correct.
 Q  And then there's one other date. That's the date dictated, and that would be the date that you either write out the report longhand or put it on some kind of dictation equipment or dictated to a stenographer, whichever of those three you happen to do? That's the date dictated and that's reported on the 302, is it not?
 A  That is correct.
 Q  Now, in connection with the 302s which you --
 MR. CROOKS:  Your Honor. Excuse me, Counsel.
 MR. TAIKEFF:  Yes.
 MR. CROOKS:  Your Honor, I'll object to this line of questioning. It appears to be going nowhere. It's completely beyond the scope of the direct examination.
 I had assumed that somewhere he was going to be showing him supposedly inconsistent statements of some sort. Apparently he's just trying to have this witness testify as to a general matter of 302, and we certainly object to that.
 This is not the time and place to go into that with this witness.
 MR. TAIKEFF:  Well, Your Honor, this witness has said that in connection with his activities here he did complete, or write, certain 302s. I am making certain inquiries on the subject generally so I can --
 MR. CROOKS:  Well, Your Honor, I didn't go into any {1187} 302s on my direct examination. My point simply is that it's irrelevant to this witness's testimony and cross-examination of him.
 If counsel wishes to call FBI agents during their own case to go through the details bearing 302, that's of course their business.
 My objection is, it's immaterial and irrelevant at this particular time to cross-examination of this witness unless he's attempting to go into a prior inconsistent statement of some sort. And I haven't seen any evidence that he's doing that.
 MR. TAIKEFF:  Well, I couldn't possibly know whether I had any such are to go into until, and unless I had certain information that I needed from this witness. I now have that information, Your Honor.
 THE COURT:  The witness may be, I assumed that the question asked of this witness was preliminary. The witness may be cross-examined on the matter testified to on direct.
 Q  (By Mr. Taikeff) Now, in connection with your finding of the exhibit which was just offered and accepted into evidence, when you first saw that weapon you thought that it was something other than what it was; is that correct:
 A  That's correct.
 QQ And upon examining it you found that it was a semiautomatic rifle?
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 A  That's true.
 Q  Now, what's the difference between an automatic weapon and a semiautomatic weapon?
 A  The difference is an automatic one, once you've depressed the trigger, it continues to fire.
 A  semiautomatic weapon only fires as fast as you release the trigger and re-pull it.
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 Q  Now, in order to possess a fully automatic weapon you either have to be a member of the military or law enforcement officer or have a special license, is that correct?
 A  I have no knowledge in that area. I am sure that is the rule, sir.
 Q  And as far as you know, that weapon which was just offered into evidence is a weapon which a person can purchase over the counter in a sporting goods store, isn't it?
 A  I don't know that to be a fact, but I assume if it is not automatic, I am sure you could purchase it.
 Q  I am showing you Plaintiff's Exhibit 34-AA in evidence, and ask, sir, if you know what that is?
 A  This is an AR-15 Colt.
 Q  Is that a copy of something else?
 A  It is a copy of the military weapon.
 Q  The military weapon, semi-automatic or fully automatic?
 A  It is automatic.
 Q  How about this one (indicating)?
 A  That's semi-automatic.
 Q  You can buy it at any sporting goods store if they are in stock?
 A  If they are selling them, that is correct.
 Q  As far as you know there is nothing illegal about my owning a gun like that, is there?
 A  Not that I know of.
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 Q  Behind you is a map, Government's Exhibit 71. Can you tell us where you were when you entered the Jumping Bull area, how you got into that area?
 A  I came down Highway 18 and came down by Jumping Bull Hall.
 Q  That would be the first road, if you travel from the upper right to the lower left, is that correct?
 A  Down this here (indicating) and down by Jumping Bull Hall.
 Q  And, all right, down. Now, at Jumping Bull, beyond Jumping Bull Hall, trace the path you followed on your way to Tent City?
 A  Came through this area (indicating).
 Q  All right, past the residences?
 A  Right.
 Q  Were you on foot?
 A  I was on foot.
 Q  Go on now, slow down at this point because I want to pin-point something with you.
 A  All right. Came down through here (indicating).
 Q  All right. Stop at that point.
 A  O.k.
 Q  Were you on the road or were you on the grass, assuming there was grass there, at that "Y" intersection, you see what I am talking about, here, right here (indicating), where the letter "P" is, where these cars are depicted, how close did you get to those cars?
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 A  I don't remember ever going down next to those cars.
 Q  Did you see any cars there?
 A  I saw the cars there.
 Q  Do you have any recollection of what they looked like?
 A  Looked like old cars.
 Q  Was there a red pickup there?
 A  I have no independent recollection of that.
 Q  Let me see if I can refresh your recollection.
 MR. TAIKEFF:  Your Honor, may I have these photographs marked for identification, two of them?
 Thank you.
 Q  (By Mr. Taikeff) Placing before you, sir, after I show them to counsel for the Government -- (indicating) -- photographs which have been marked 93 and 94 for identification, Defendant's Exhibits.
 A  (Examining).
 Q  Do anything to your recollection?
 A  It appears to be the area. The individual truck doesn't mean anything.
 Q  You couldn't say whether the vehicle depicted there was in the vicinity on the map now marked with the letter "P"?
 A  If I saw all the vehicles together, possibly it would, you know.
 Q  All right, let me see if I can help you in that regard, I don't know whether I can -- sorry.
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 A  Like I say, the individual vehicle does not refresh my recollection. It appears to be the area.
 Q  I am holding in my hand Government Exhibit 55 in evidence, the Tent City book, and I am turning it to Page 31 showing a red and white Chevrolet vehicle.
 First, sir, I ask you if you can describe what type vehicle that is?
 A  That appeared to be a four-wheel type, van type.
 Q  Van, o.k.
 Did you ever see that before?
 A  Yes, I recall that vehicle.
 Q  Where did you see that?
 A  I saw that in the area of the tents.
 Q  Did you ever see that vehicle anywhere else in this area?
 A  I did not.
 MR. TAIKEFF:  I have no further questions of this witness.
 Your Honor, I have just had pointed out to me a photograph. I am wondering if I could re-zoom for a moment.
 THE COURT:  Very well.
 Q  (By Mr. Taikeff) Agent Dyer, I am holding in my hand Government Exhibit 56, aerial view of Tent City, and I have it open to Page 4; and I ask you, sir, to look at Photograph D on Page 4 in particular -- but perhaps you would want to look at {1193} all the photographs on Page 4 -- and my specific question is whether roughly in the center of Photograph D you see this "Y" intersection which is marked "P" on Government Exhibit 71?
 A  I do.
 Q  Now, sir, do you see in that photograph the several vehicles which are depicted with little black rectangles on Government Exhibit 71?
 A  I do.
 Q  In looking at that photograph, does that in any way assist you in telling us whether the vehicle I showed you in the two photographs, which are defense exhibits for identification, whether that vehicle is amongst that group?
 A  This is a picture of the area, but these cars are so small it is impossible for me to say.
 Q  Well, looking at Photograph D, would you say whether or not there was a red pickup in that group?
 MR. CROOKS:  Your Honor, I will object to this. This is cumulative. repetitious. The witness has said he can't identify the pickup, he can't identify the photograph. He wasn't paying any attention to it in the first place. I will object to it as simply cumulative and a waste of time.
 MR. TAIKEFF:  Your Honor, the Government may have an objection. The witness has never said he wasn't paying attention to it, and I object to the Government throwing {1194} signals at a witness.
 THE COURT:  Well, the witness has answered that the pictures are so small he could not distinguish it.
 MR. TAIKEFF:  Your Honor, the witness has said he doesn't have a recollection. I am tying to refresh his recollection, if that's possible. If it is not possible, I will accept his answer; but I would like it to be his answer.
 A  I recollect the vehicles being there, and that's obviously vehicles but I can't recollect that individual vehicle.
 MR. TAIKEFF:  That's all I wanted to know. Thank you very much, sir.
 MR. CROOKS:  We have no redirect, your Honor. We ask the witness be excused.
 THE COURT:  You may step down.
 (Witness excused.)