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

SA DAVID J. COPPINGER
CROSS EXAMINATION B
INTRO OF EVIDENCE  C

VOLUME 6

DAVID J. COPPINGER,
being first duly sworn, testified as follows:
 DIRECT EXAMINATION
By MR. SIKMA:
 Q  Would you please repeat your name to the jury?
 A  My name is David J. Coppinger.
 Q  What is your occupation?
 A  I am a Special Agent for the Federal Bureau of Investigation.
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 Q  And where are you assigned to duty?
 A  I am assigned to Milwaukee, Wisconsin.
 Q  And do you recall where you were on the 29th of June, 1975?
 A  Yes, I do.
 Q  Where was that?
 A  At the Pine Ridge Reservation.
 Q  O.k. Do you recall being in an area to the southwest of the Jumping Bull residence on the Pine Ridge Indian Reservation?
 A  Yes, I do.
 Q  And what were you doing there at that particular time?
 A  We were conducting a search of what was called the escape route of the individuals who we felt were involved in the shooting of the agents; and we were searching this escape route for any evidence that we might find which would identify the people who ran this route.
 Q  Could you tell me whether or not there was a culvert in this area?
 A  Yes, there was.
 Q  And approximately how far, or where was this culvert located?
 A  Well, the culvert was actually, as I recall, a cattle tunnel where cattle passed underneath the highway, from one pasture to another, and going out away from the crime scene area up toward the hills, we conducted this search away from, {1196} going the direction that the individuals were involved fled.
 Q  Is that -- would that be to the west and to the south?
 A  It was a southerly direction, as I recall.
 Q  Did you personally find anything along that route?
 A  Yes, I did.
 Q  And what was that?
 A  I found a four quart water canteen approximately 80 yards in, into the cow pasture from the cattle tunnel.
 Q  I will show you what is marked as Government Exhibit 17 for identification, and ask you whether or not you have ever seen this before?
 A  (Examining) Yes. This is the water canteen that I located, as I stated, about 80 yards in from the cattle tunnel where the individuals were believed to have fled.
 MR. SIKMA:  Your Honor, I would offer into evidece Government's Exhibit 17.
 I would state that the Government expects to connect this up in later testimony, but this witness is taken slightly out of order.
 MR. TAIKEFF:  Your Honor, based on that representation, there will be no objection.
 THE COURT:  Has it been marked 17, did you say?
 MR. SIKMA:  Yes, your Honor.
 THE COURT:  Exhibit 17 is admitted on condition that it be connected up.
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 (Plaintiff's Exhibit No. 17, having been previously duly marked for identification, so offered in evidence, was received.)
 MR. SIKMA:  I have nothing further at this time.
 MR. TAIKEFF:  May I have just one moment, your Honor, for a possible document to be brought into the Court?
 THE COURT:  You may.
 (Counsel confer.)
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BY MR. TAIKEFF:
 CROSS-EXAMINATION
 Q  When you first entered this area, how did you enter it?
 A  Are you referring to the pasture?
 Q  No. The general area.
 A  Pardon?
 Q  The general area. And there is a map behind you that you might find useful in giving your answer.
 A  Could you clarify. You mean the reservation itself or where I found this piece of evidence?
 Q  I'll make it easy for you, for all of us. Where were you at 10:00 o'clock on the morning of June 26th, 1975?
 A  I was in Milwaukee, Wisconsin.
 Q  And when did you get to the reservation?
 A  I arrived approximately 2:30 A.M. on June 27th.
 Q  Then did you go to the area known as the Jumping Bull Hall area?
 A  That's correct.
 Q  When you first arrived at the Jumping Bull Hall area, how did you enter that area?
 A  I myself and several other agents actually went to an area we know as tent city. Now initially we went by automobile.
 Q  Initially?
 A  Yes.
 Q  How did you enter that area off the public highway?
 A  We walked.
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 Q  Would you be kind enough to turn around and take a look at the exhibit behind you. There is a pointer behind you right now and show us how you entered that particular vicinity off the public highway.
 A  On my feet, sir?
 Q  If you are more comfortable that way.
 A  Well, actually we left the vehicles out on the highway, or pulled them off onto a side road or area like this (indicating).
 Q  That's on Highway 18?
 A  That's correct.
 Q  Above the center top of the chart?
 A  I think before, where we left, the particular car I came in would not be on this diagram. In other words, it would be back up the highway a ways.
 Q  All right.
 A  We actually came in and come over what we now know as tent city, coming through this wooded area right here (indicating).
 Q  So you went directly in the road to the tent city area?
 A  I wouldn't say it was the most direct route, but we did go to tent city.
 Q  Do you see the area in the center of the chart which is indicated by several things, including the word "residences"?
 A  Yes. Right here (indicating).
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 Q  Did you ever go to that area on that day or any day after that?
 A  As I recall, after we had discovered SA Williams' car here, as is shown here near tent city, there were some search warrants executed in this area. Then, as I recall, when we left this area with that evidence that we secured there, we did come back up this road (indicating) and it was at that time when I first saw these residences here that you speak of. Went on out the usual route.
 Q  I gather then from the way your pointer moved that you reached that Y intersection where the letter "P" is written in by hand?
 A  This "P" here?
 Q  Right there. Yes.
 Did you go through or pass that intersection?
 A  This particular area? I really don't recall whether I come up the road -- in other words, again, I was walking, as best I recall, again, our car was, as I recall it, back out this way. The one I came in on. This area here was not partlcularly, the terrain is not that difficult to get over. I may have necessarily hit this Y. I don't recall hitting it particularly any particular time.
 Q  Would you be kind enough to resume your seat.
 Now on direct examination you said you went to tent city because, I'm not quoting you but I'm describing what I {1201} believe was your testimony in substance, to investigate people whom you believed were involved in the shooting of the agents, is that correct?
 A  I recall --
 Q  Is that the effect of what you said on direct?
 A  On direct. I wouldn't quote that escape route.
 Q  Did you describe the people?
 A  I said individuals I believe.
 Q  Or individuals whom you believed used that escape route as people whom you believed to be involved in the shooting of the agents?
 A  That's correct.
 Q  Now generally speaking, upon what was that knowledge or function based?
 A  Well, this was obviously based on information relayed to me from those agents who were on the scene the day before.
 Q  Since the 26th FBI agents had been in and around that area in the course of their official duties, is that not correct?
 A  Well, I can only, I arrived on the 27th.
 Q  People spoke to you, did they not?
 A  That's right. I was given information.
 Q  By other agents?
 A  That's correct.
 Q  You're not accustomed to other agents giving you false inforamtion, are you?
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 A  No.
 Q  So you were operating under the assumption, were you not, that they were giving you information which was gathered in connection with their official work, weren't you?
 A  That's correct.
 Q  And they told you something about what their beliefs were up to that time, did they not?
 A  They told me what they had firsthand knowledge of. In other words, these individuals had been followed through this cattle tunnel on up into the hills, across this cow pasture the day before.
 Q  But they told you what the investigation was about generally, didn't they?
 A  Well, obviously I knew what that was.
 Q  Don't say obviously. I'm asking you whether they told you something about what the subject matter of your work was that day.
 A  Well, I knew that before I left Milwaukee. Two agents had been shot in this area.
 Q  And did they, did they give you any information? Did they discuss with you up to that point what they believe to be the case?
 MR. SIKMA:  Your Honor, I'd object to this as irrelevant, beyond the scope of direct examination and also totally irrelevant. The question and statement were merely {1203} preliminary to indicate the state of mind of the witness as to why he was in this specific and particular area and it was very limited in scope, Your Honor.
 MR. TAIKEFF:  Your Honor, I think it was rather substantial in scope and I'll exploring the basis for his state of mind. It was offered by the government on direct, otherwise I would not he questiong him this way.
 THE COURT:  What was offered by the government on direct examination?
 MR. TAIKEFF:  His statement that he was going to investigate the escape route of the individuals who they believed to be involved in the shooting of the agents.
 THE COURT:  Very well. Proceed.
 Q  (By Mr. Taikeff) Now did you speak with other officials at the Federal Bureau of Investigation prior to the time you reached the assumption or conclusion which you testified to?
 A  I spoke to other agents; yes.
 Q  Did you speak to Agent Adams?
 A  I, on June 27th? Prior to the time I went into tent city are you asking?
 Q  Well, you put two facts in there. Let's just say prior to the time you went into the tent city, whether it's on June 27 or any other time prior to the time you went into tent city.
 A  I don't recall speaking to Agent Adams.
 Q  And can you say whether or not you did or not at all?
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 A  Pardon me?
 Q  Or your memory is blank?
 A  I said I do not recall speaking to Agent Adams on the 27th of June.
 Q  How about on the 26th?
 A  I did not speak to Agent Adams on the 26th.
 Q  How about on the 25th?
 A  No.
 Q  Can you name any agent you spoke to on any of those three days?
 A  I could.
 Q  Tell us the names.
 A  I spoke to Agent Dale Miller. The agents that you've asked me about --
 MR. SIKMA:  Your Honor, I would object to this. There is absolutely nothing of relevancy here whatsoever.
 THE COURT:  Objection to the question is sustained. It's too broad as to whether he talked to any agents.
 MR. TAIKEFF:  Before he went into tent city. I just want to know the names of the agents who gave him information upon which he based the statement which he made in his direct examination.
 THE COURT:  Very well. I will allow that question. But that wasn't the question asked.
 MR. TAIKEFF:  I stand corrected, Your Honor.
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 A  You want the name of the agent who relayed the information there was such a place existed as tent city?
 Q  (By Mr. Taikeff) No, sir. That's not my question.
 A  Well, the agent I spoke to on the 25th and 24th of June and the 26th were all in Milwaukee, Wisconsin, obviously, because I was not not on Pine Ridge Reservation until June 27th. In the early part. Dawn as I recall of that morning.
 Q  Let me take you back so you'll understand the origin of my question. On your direct examination, in response to a question by the government, you indicated, perhaps not in these precise words, that you went there to investigate the so-called escape route those individuals who we believe to be involved in the shooting of the agents. Now I'm trying to find out from you what was the basis of your belief by asking you who gave you information which brought about the belief that you have told us ahout in your direct examination. Do you understand what I'm looking for?
 A  The agent, I cannot recall his name that actually, you're asking me when I arrived at the Pine Ridge Reservation who gave me information? Let me clarify something.
 When I found this piece of evidence, Exhibit 17, the canteen, this was on June 29.
 Q  All right.
 A  June 27th, I spent the day basically at tent city searching that area pursuant to a search warrant.
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 Q  Okay.
 A  The escape route, as I recall, we did not conduct that search of that escape route actually until June 29th because there was a lot of other work closer in to the crime scene that was being conducted on the 27th and 28th.
 The 29th we got out to the cattle tunnel, crossed the cow pasture, as I mentioned, and this is when I found the canteen.
 Q  Is it accurate to say the moment before you embarked upon your search of the so-called escape route you believed that you were checking on the escape route of individuals who had been involved in the shooting of the agents on June 29th? Yes or no?
 A  Yes.
 Q  Now I want to know the names of the people who provided you with the information which led you to that belief.
 MR. SIKMA:  Your Honor, this question has been asked and answered. He indicated, I believe.
 MR. TAIKEFF:  That's correct. It's been asked but it's never been answered. It's been asked three or four different times and I can't seem to get an answer out of this agent.
 THE COURT:  Are you able to answer the question.
 THE WITNESS:  Your Honor, I don't recall the agent who was really in charge of telling us how to conduct the sweep {1207} of this escape route this moment. The information, I'm sure, as Counsel has suggested, may have come from, as he indicated, Special Agent Adams who was on the scene the day of the crime and a few others that were on the scene who have or possibly will be testifying.
 Q  (By Mr. Taikeff) Were you asked or was it suggested to you in connection with your official work by any other agents of the FBI that you look for a red pickup truck? Yes or no.
 A  Counsel has to ask -- you mean on what date are we talking about?
 Q  At any time that you were there doing investigation in connection with this case.
 A  I can't recall that we -- I was instructed to look for a red --
 Q  Was there talk about a red pickup truck amongst the fellow agents?
 MR. TAIKEFF:  And I hope the government will not throw a signal to the witness.
 MR. SIKMA:  Your Honor, I would object. This is completely --
 THE COURT:  Objection sustained. This goes beyond the direct examination.
 MR. TAIKEFF:  I have no further questions.
 THE COURT:  You may step down
 Just a moment. Do you have any questions?
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 MR. SIKMA:  No further questions.
 THE COURT:  You may step down.
 MR. SIKMA:  Your Honor, could I make an offer of evidence of a couple of items which were brought up during the course of the day at this time?
 THE COURT:  How much time do you intend to take?
 MR. SIKMA:  Just long enough to read off the list of items, Your Honor.
 THE COURT:  Very well.
 MR. SIKMA:  Government Exhibit 34AA which is the AR 15, Government Exhibit 36A which is a shotgun, Government Exhibit 33A is a .44 caliber Luger which was identified by Wilford Draper. 36A is a shotgun which I believe Counsel for both sides have agreed to stipulate was the shotgun which was owned by Special Agent Coler which was with him on the 26th of June, 1975, at the time he met his death and Government Exhibit 34AA is an AR 15 which is not a firearm which, is one which was both identified by Anderson and also identified by Wilford Draper. 36A, or, excuse me, 33A was also identified by Anderson.
 MR. LOWE:  No objection, Your Honor.
 THE COURT:  33A, 34AA, and 36A are received.
 The court is in recess until 9:00 o'clock tomorrow morning.