TRUE DEMOCRACY SPRING 2001 TABLE OF CONTENTS
political prisoners
Leonard Peltier
The following is excerpted from the trial transcript of US vs Leonard
Peltier Vol 5. The witness is a government witness named Michael Anderson,
he was from Ft Defiance AZ, lived in "tent city" for a time during the
events at the Jumping Bull compound. He was 16 years old at the time and
had first met most of this group at the Farmington, NM AIM [American Indian
Movement]conference....the following portion of the transcript describes
events after they had dispersed.
Michael's testimony below was elicited on cross examination.
He was asked at the end of his testimony if he followed traditional
teachings and responded in the affirmative. Witnesses had the option of
swearing in for testimony on either a Bible or the Pipe..this witness chose
not to swear in on the Pipe.......
Q In June of 1975 this too, place near Oglala, South Dakota. You
described that you and some other people were on the move for
several days thereafter. You were not arrested, nor was anybody
arrested in the group until you had actually disbursed, isn't
that true?
A Yes.
Q What was the first time and occasion that you had to talk with a
police officer or an FBI agent, whichever it was, about what you
knew about this shoot out?
A In Kansas.
Q In Kansas?
A Yes.
Q Was this following the incident you described in which you were
in an automobile that had some problems in a fire?
A Yes.
**Q And who was the agent or the police officer that you spoke
with about this event?
A Gary Adams.
Q Was anybody else present?
{834}
A Yes. Another agent.
Q Do you know what his name is offhand?
A No.
Q And where was it that you were located when these agents talked
to you?
A In Kansas.
Q I understand. Were you in a hospital, in a car, in a police
station, in a motel?
A The federal building.
Q And in what town? Was that Wichita?
A Yes.
Q And how many other people were present in the room with you when
you were interviewed by them, if any?
A Nobody. Two agents.
Q How many days was that after the car blew up?
A I don't really remember.
Q Was it the same day?
A No.
Q Was it the next day?
A I don't remember.
Q Were you under arrest at the time they talked with you?
A Yes.
Q What were you charged with?
A I don't know.
Q Were they state warrants or federal warrants that you were {835}
arrested on?
A I think federal.
Q Do you know if any of the other occupants of the car were also
under arrest at that time?
A No.
Q Had you been put in a jail in Wichita, some sort of a jail type
facility?
A Yes.
Q Was that in the federal building or somewhere else?
A Somewhere else.
Q Were you brought up there by the agents or by someone else?
A By the agents.
Q And how old were you at the time?
A 16.
Q And did they tell you that they were investigating the alleged
murders of two FBI agents?
A Yes.
Q And did they tell you that they had information that you were
one of the people that was involved in the shooting?
A Yes.
Q Did they tell you that since you were one of the people involved
in the shooting that it was possible you might be charged with
the murder of the agents?
A Yes.
{836}
Q And did they suggest to you that if you cooperated with them
that it would be possible you might not be charged with the
murders?
A No.
Q They did not suggest that to you?
A No.
Q Did you realize in your own mind if you succeeded in giving them
information which satisfied them that you might not be charged
with the murders?
A No.
Q You didn't think so. You thought you might be charged with the
murders anyway?
A Yeah.
Q Have you ever been charged with the murders of those agents?
A No.
Q If I were to suggest that you were arrested on federal charges
relating to the interstate transportation of guns with
obliterated serial numbers and the interstate transportation
of unregistered explosive devices, would that sound like that
refreshes your memory?
A No.
Q Were you ever called in front of a magistrate or a judge of any
kind and explained what you were being held for by the FBI?
A Yes.
{837}
Q Do you remember what the judicial officer told you the charges
were?
A I think it was transporting firearms and explosives across the
state line.
Q And did you know that you had -- or let me ask you, do you know
how many charges individually you had against you?
A No.
Q If I suggested that you had nine individual charges, would that
sound about right?
A I'm not sure.
Q Do you know that you had a number of charges, however many they
may have been, it wasn't just a single charge?
A Yes.
Q If I suggested to you that the judicial -- did the judicial
officer tell you what possible punishment you could obtain under
the conviction on those charges?
A I don't remember that.
Q If I suggested that he had --
MR. HULTMAN: If it please Your Honor, the question has been asked
and the question has been answered and I would indicate that now
Counsel is trying to put into the record his own remarks and I
object for that reason. Counsel, if you just wait until I finish
my objection.
MR. LOWE: I thought you were threw, Mr. Hultman.
{838}
MR. HULTMAN: It is obvious, your Honor, the question was very
simple that was asked, the response was very direct, and now
counsel is by repetition, he is only trying to get matters into
the record which this witness -- it is very evident by his last
response -- does not have the knowledge; and I object for that
reason, it is repetitious.
MR. LOWE: I have just finished asking the witness whether he was
charged with interstate transportation of weapons and explosive
devices, and first he said "no". Then when I attempted to refresh
his recollection, he himself stated it was interstate
transportation of guns and explosive devices. This is cross
examination, and as long as I ask proper questions and I am not
badgering or overreaching the witness, I think it is proper.
THE COURT: Proceed.
Q (By Mr. Lowe) I would suggest to you that the judicial officer
advised you that the charges -- each of the charges against you
carried 10 years in the penitentiary as a maximum punishment --
would that sound about what you were told?
A I don't remember.
Q You don't remember?
A No.
Q All right. Did Agent Adams and the other agent tell you {839}
that you had a right to have an attorney before they talked with
you?
A Yes.
Q How old did you tell them you were?
A 16.
Q Did they say anything to you about having any of your parents
with you or find out where your parents were located?
A No, I don't remember.
**Q O.k., and did you ask for an attorney?
A Yes.
Q And did they give you one before they talked to you?
A I don't remember.
Q You don't remember whether you had an attorney when you talked
to them or not?
A I didn't have an attorney, wasn't there then when I talked with
them.
Q You had asked for one?
A Yes.
Q And they simply had not gotten one for you?
A No.
Q Did they tell you that you had a right not to talk with them if
you didn't want to?
A Yes.
Q Did they tell you it would be better for you if you did talk
with them?
{840}
A I don't remember.
Q Did they make notes as you were talking to them?
A Yes.
Q Did you tell them the truth?
A No, not all of it.
Q Not all of it, but what you did tell them was true, is that
correct?
A It is part of it.
Q I am not sure I understand your answer. Do you mean that part of
what was true you told them?
A Yes.
Q But you just didn't tell them everything, is that what you are
saying?
A Yes.
Q What you did say to them was true, is that also correct?
A No.
Q What you did say to them was true, is that also correct?
A No.
Q It is not, so you lied?
A Yes.
Q And how long did they talk with you on the first time that they
talked with you?
A I don't know. I don't remember.
Q Well, was it a half an hour as opposed to all day long? Can you
give me just an estimate of about how long?
A About an hour.
Q An hour?
{841}
A Yes.
Q And what happened at the end of that hour?
A Well, I was refusing to talk until Gary Adams said, "If you
don't talk, I will beat you up in the cell."
Q Gary Adams told you that?
A Yes.
Q And the other agent was present when he said that?
A Yes.
Q And did that make you afraid?
A Yes.
Q And did you understand that you would get beat up if you didn't
give him the answers that he wanted?
A Yes.
Q And did you then give him the answers that you understood he
wanted?
A Yes,
Q When was the next time that Special Agent Gary Adams talked with
you?
A I don't remember.
Q Was it while you were still in Wichita?
A I don't remember.
Q Did Special Agent Gary Adams in that first interview with you
tell you that one of the dead agents was a good friend of his?
A Yes.
{842}
Q Did he seem quite angry about the fact that they had been
killed?
A Yes.
Q Did he seem quite upset?
A Yes.
Q Do you recall an occasion when you were in the tent area on the
26th of June, 1975, when Leonard Peltier made a statement in your
presence that anyone trying to surrender would probably get shot
by the FBI or the police?
A Yes.
Q When he said that, did you believe that he was probably right?
A Yes.
Q When Special Agent Gary Adams threatened you in Wichita, did you
recall what Leonard Peltier had told you?
A No.
Q Did you believe that Special Agent Gary Adams was capable of
hurting you if you didn't do what he wanted?
A Yes.
Q When Agent Adams asked you questions on that occasion, did he
ask you questions in this matter -- and I am quoting now I am
acting as though I was Special Agent Adams -- did he ask, for
example: Isn't it true that Leonard Peltier was carrying an
A.R. 15, is that the kind of question he asked you?
A I don't remember.
{843}
Q You say you do not remember?
A No.
Q Did he ask you questions generally in the style of saying:
Isn't it true that a certain fact is true, and then ask you to
just tell whether it is true or not?
A Yes.
Q And by doing that, as a person being interviewed, did you
understand that the substance of the question he was asking you
is what he was looking for in your answer?
A Yes.
Q And did you understand that that was the type of information
that he was threatening you to obtain, do you understand what I
am asking?
A I don't understand, no.
Q All right. You said just now that you understood that the things
that he was saying in his question and in asking you, isn't that
true, was exactly what he was looking for. Now, I am asking you,
did you understand that that was what he was telling you you
should say or you would get beaten up?
A Yes.
Q Did you have any other agent or police officer talk to you,
Mike, about this incident while you were in Wichita, or was that
the only interview in Wichita?
A There was another guy from the Firearms Bureau.
Q All right. A Federal officer, do you know?
{844}
A Yes, Tobacco and Firearms.
Q And did he talk with you about the incident on the 26th, or just
about the car?
A No. I just refused to talk to him.
Q All right. Where did you go from Wichita -- were you released,
or did they take you somewhere in custody?
A Took me to the Detention Center.
Q Where is that?
A In Wichita.
Q How long were you there?
A I don't remember.
Q Where was the next place you went after the Detention Center in
Wichita, if you remember?
A Downtown to Phoenix.
Q Phoenix?
A Yes.
Q Were you still under arrest, or were you released by then?
A Still under arrest.
Q Still under arrest. Were you on bond or were you in custody?
A Custody.
Q Where did they take you?
A To the Detention Center in Phoenix.
Q Do you know why they took you there, did they tell you?
A Yes.
{845}
Q Why did they tell you?
A I had some other charges in Phoenix.
Q O.k. What charges did you have in Phoenix?
A I don't remember.
Q If I suggested that there was a burglary charge there, would
that help your recollection?
A Yes.
Q And did the FBI say they would try to see what they could do to
help you on the burglary charge in Arizona?
A Yes.
Q Have you ever been prosecuted on that burglary charge or
convicted?
A No.
Q Did the FBI tell you that they would try to help you on your
charges in Wichita arising out of the exploded car?
A I don't remember.
Q Have you ever been prosecuted on those charges?
A No.
Q In fact, those charges have been dropped, haven't they?
A Yes.
Q Do you read, Mike?
A Yes.
Q Do you read very well?
A Yes.
Q I am just going to show you -- this is not an exhibit or {846}
anything, just the Constitution of the United States, is what
it happens to be; but I would like to ask you to just read,
pick any paragraph, start out reading.
A Section 1. All persons born or naturalized in the United States
and subject to the jurisdiction thereof are citizens of the
United States and of the States wherein they reside.
Q All right, that's fine, thank you. After Phoenix, where did you
move, where did you stay?
A I went back home.
Q You were released then, weren't you?
A Yes.
Q And where is home? You may have said that; I just didn't
remember.
A Fort Defiance, Arizona.
Q All right. When is the next time that you talked to an FBI Agent
about this case?
A In Albuquerque.
Q In Albuquerque?
A Yes.
Q When was that, do you remember?
A Just the past week ago.
Q Just a week ago?
A Yes, I don't remember the date.
Q If I -- let me ask you this: Did you say it was a week ago --
you mean literally seven days or ten days ago, or might
{847} it have been a month ago?
A About a month ago, I think it was.
Q Who did you talk with then?
A Gary Adams and Jim Doyle.
Q The same Gary Adams that you spoke with in Wichita?
A Yes.
Q And did you tell them the truth then?
A No.
Q What you told them was true, just wasn't all of it?
A It wasn't all of it.
Q O.k., but what you did tell them was true?
A Yes.
Q Now, to be sure, before I pass on, before, you indicated in
Wichita that part of what you told them was not true. Was part of
what you told them in Albuquerque also not true?
A Yes.
Q And where have you been since then, did you go back home again
from Albuquerque?
A No. I have been going to school.
Q Where did you go to school?
A In Albuquerque, Southwestern Polytechnic School.
Q And then you came up here for the trial?
A Yes.
Q And have you seen Special Agent Adams since you got here?
A Yes.
{848}
Q Did you talk with him again?
A No.
Q Did you talk with somebody, with Special Agent Adams present,
that is, sitting in the room with you?
A No.
Q Where did you see Special Agent Adams, here?
A He picked us up.
Q He came and picked you up.
Now, I want to go back to June 25th, and I want to go back a
little bit before then to get a little bit of background for
what you have told us.
Would you say again about how many days before the shooting
incident, did you arrive at the Jumping Bull area from
Farmington, New Mexico?
{849}
A I don't know.
Q Was it about a week or two weeks or four days, just
approximately?
A No. Approximately about -- I can't remember.
Q Was it more than two days?
A Yes.
Q Was it as much as two weeks?
A Yes.
Q Was it a month?
A I don't remember.
Q Okay. During that time did you live in the tent area?
A Yes.
Q Do you know who J. D.{name deleted by provider of information}
is? Did you know such a person?
A Yes.
Q Who was J. D.{name deleted by provider of information}?
A A lady.
Q A lady. Do you know whether she had any particular friendships
with anybody in the camp?
A No.
Q Do you know who Myrtle Poor Bear is?
A No. But I heard of the name.
Q You heard the name?
A Yes.
Q Did you ever see Myrtle Poor Bear in the camp, or the {850}
Jumping Bull's to your knowledge?
A I don't know.
Q Did you know all the people that you did see in the camp at the
Jumping Bulls'? Do you know their names?
A Yes.
Q Was one of them Myrtle Poor Bear?
A I don't know.
Q You had some disagreements with Leonard Peltier over the
question of your drinking, didn't you?
A Yes.
Q Would it be fair to say that Mr. Peltier is, was trying to get
people to stop drinking and was complaining when they did drink?
A Yes.
Q Would it be fair to say that he was trying to help you to
straighten out on that?
A Yes.
Q Do you think he was looking out for your welfare and trying to
help you?
A Yes.
Q Was he doing that with other people also?
A Yes.
[Non-text portions of this message have been removed]
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