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

SA  ROBERT L. THOMPSON, JR.
CROSS EXAM  B
{AIDING AND ABETTING} C

VOLUME 5

MR. CROOKS:  Call Special Agent Robert Thompson.

 ROBERT L. THOMPSON, JR.,
being first duly sworn, testified as follows:
 DIRECT EXAMINATION
BY MR. CROOKS

 Q  Mr. Thompson, would you again give you full name for the record, please.
 A  Robert L. Thompson, Jr. is the full name, sir.
 Q  And where do you live, what area?
 A  I live in Cheyenne, Wyoming.
 Q  And what is your employment?
 A  I'm a special agent with the Federal Bureau of Investigation.
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 Q  Mr. Thompson, calling your attention back to the month of June, 1975. Did you proceed to the Oglala or Pine Ridge, South Dakota area in connection with the investigation of this case?
 A  Yes, I did.
 Q  And as part of your duties while so assigned did you make a search of a general crime scene area for the purposes of ascertaining various items that might be in some way connected to the crime scene?
 A  Yes, l did.
 Q  I show you first of all what has been already received into evidence as Exhibit No. 41A. Ask if that is an item that you found and if so where did you find it?
 A  I did find this item. It was on the hood of a 1967 Ford sedan parked in the area where there were several tents erected.
 Q  I show you Exhibit 13A. Ask if that is a photograph, in fact, of the rifle that you are talking about?
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 A  Yes, sir. It appears to be the same.
 Q  I now hand you what has been marked for identification as Exhibit 34F and ask if that's an item you can identify.
 A  Yes, sir, I can.
 Q  What does that item purport to be?
 A  That's a caliber 223 rifle cartridge casing which I found on the hood of the same automobile and this is my handwriting and initials up here on the piece of paper which I placed in the envelope with a cartridge.
 Q  Would you point out for the jury with reference to Exhibit No. 71 the location the automobile was in when the shell was found on the hood of it?
 A  Exhibit 71, sir?
 Q  Yes. Exhibit 71 is the one behind you. I'm sorry. The large map.
 A  This is the exhibit?
 Q  Yes.
 A  The automobile was parked in this area right here which is where the tent area was (indicating).
 Q  So it would be in the area where the green sticker is already there showing Exhibit 41A in that area?
 A  Yes, sir.
 Q  I now hand you Exhibit 2LA and ask if that's an item you can identify?
 A  Yes, sir. This is a ski mask which I found in the tent area {945} and it bears my initials which was placed on it at the time I found it.
 Q  Where in the tent area was that found?
 A  This was inside of a tall teepee style tent.
 Q  And would that be the same tent area which you referred to earlier where the '67 Ford was parked?
 A  Yes, sir, it would.
 Q  In the general vicinity of that?
 A  That's correct. To the rear of the '67 Ford.
 Q  I don't know that I asked you on either occasion what was the date these items were found, the rifle and the other two items?
 A  All three items were found on June the 27th, 1975.
 Q  This would be the day after the deaths of the agents?
 A  That's correct.
 MR. CROOKS:  The United States would offer Exhibit No. 21A and Exhibit 34F.
 MR. TAIKEFF:  Your Honor, we object to the introduction of the ski mask which is 21A because it was found amongst the personal property in a teepee in which other people lived, not the defendant. According to the testimony we heard so far other people were living in that teepee and therefore there is no connection with the defendant. Not relevant to this case. We have no objection to Government Exhibit 34F.
 THE COURT:  Exhibit 34F is received.
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 MR. CROOKS:  Your Honor, I can state that there is relevance to this item. I don't think I should do it from Counsel table though.
 THE COURT:  Counsel may approach the bench.
 (Whereupon, the following proceedings were had at the bench:)
 MR. CROOKS:  Well, basically insofar as the United States' belief that this is relevant is simply that there are going to be witnesses who would testify during the course of this trial that various individuals involved in the shooting were wearing ski masks and it's, the obvious relevance of that is apparent.
 MR. TAIKEFF:  I don't believe there will be any testimony that anyone identifying the defendant as having worn such a mask will --
 MR. CROOKS:  I'm not representing the Court that the evidence will necessarily say Mr. Peltier but we're talking about a considerable number of shooters and the fact that the shooters were wearing; ski masks certainly has a direct bearing on their state of mind and intent. It seems obvious. There will be testimony to that effect.
 THE COURT:  If there is testimony to that effect, the ruling of the Court will be that it will be admissible because it would be relevant to whether or not this defendant who has now been established as to have been in the area on the day of {947} the shooting was aiding and abetting.
 MR. TAIKEFF:  I understand.
 I don't believe there will be any testimony connecting this man to the ski mask.
 THE COURT:  Could I just reserve ruling?
 MR. CROOKS:  No objection, Your Honor. If we don't tie it up there is certainly no prejudice from the ski mask. We simply take it back out again.
 THE COURT:  I'll reserve ruling.
 MR. TAIKEFF:  That seems to be appropriate.
 (Whereupon, the following proceedings were had in the courtroom in the hearing and presence of the jury:)
 THE COURT:  The Court's ruling on Exhibit 2lA is reserved at this time.
 MR. CROOKS:  We have no further questions.
 MR. TAIKEFF:  I have a brief cross-examination, if I may, Your Honor.
 THE COURT:  You may.

 CROSS-EXAMINATION
BY MR. TAIKEFF:

 Q  Agent Thompson, there is a report that you wrote or a 302 that you wrote in connection with the finding of certain things at the scene.
 A  Yes.
 Q  So-called crime scene, is that correct?
 A  There is a 302 which I dictated.
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 Q  How did you dictate that:  on recording equipment?
 A  No, sir. Personally to a stenographer.
 Q  And do you recall the date on which you dictated it?
 A  No, sir.
 Q  Is this the 302 in question?
 A  I dictated this 302; yes, sir.
 Q  Now having looked at it, does it refresh your recollection as to when you dictated it?
 A  Yes. It would have been dictated on June the 30th because that's the date on the 302.
 Q  And where did this dictation take place?
 A  Dictation was done on the Pine Ridge Indian Reservation, one of the buildings. I believe it was the BIA building. I'm not familiar with the reservation.
 Q  Was that a temporary office that was set up by the FBI?
 A  We were using the space as the office; yes.
 Q  And do you recall whether the final typed report came back to you the same day?
 A  I don't recall; no, sir.
 Q  You think if you looked at it it would help your recollection any?
 A  No, sir, I don't.
 Q  Why is that?
 A  That's not the only 302 I dictated and I can't say whether it came to me the same day. It was within a day or two I would {949} think, or a few days.
 Q  Would you want to look at it and see if it affects your recollection?
 A  I don't mind looking at it but I don't think it will make any difference.
 Again I can't say if this was returned to me typed on the same day I dictated it or not.
 MR. TAIKEFF:  No further questions.
 MR. CROOKS:  We have no redirect and ask the witness to step down.