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

EUGENE STRAIN, SERVICE MGR DALLES, OREGON {TESTIMONY}


VOLUME 9
MR. CROOKS:  Your Honor, could we approach the bench for a moment?
 THE COURT:  You may.
 (Whereupon, the following proceedings were had at the bench:)
 MR. CROOKS:  Your Honor, the reason I wanted to go to the bench, the next witness I had hoped to be able to accommodate so he could leave town today. He is a witness who would really be the first of the Oregon people.
 Now, counsel has indicated that they would wish to make argument out of the hearing of the jury on this Oregon incident; and I was intending to call him, call him now in the hopes we could get him out. I think his plane is at 3:00 o'clock, but if they are going to make extended argument --
 THE COURT:  (Interrupting) I do not see how you can {1818} get somebody out at 3:00 o'clock.
 MR. CROOKS:  It appears now that's probably correct.
 MR. LOWE:  It would help if you would just give a brief statement as to the nature of it -- we haven't had a chance to analyze this -- in order to formulate what questions we have.
 MR. CROOKS:  He identifies Mr. Peltier as being in the recreational vehicle and the Plymouth which the Court has already seen in Exhibit 40-C, I believe it is; and he sees him on the date of the incident in Oregon, prior to the incident, puts him with the vehicle. He sees him at The Dalles, Oregon. The shooting and a confrontation with the officer takes place on the other side of Oregon at Ontario; but he does put Mr. Peltier at the vehicle.
 MR. TAIKEFF:  Mr. Crooks, I think that the portion of the Oregon case we are concerned with is not encompassed by that testimony. I think if you will call him right now we probably will not cross examine him and he can make his 3:00 o'clock plane; and then we can approach the bench. I think this man can make his plane if we go forward.
 MR. CROOKS:  That's what he would testify to. He doesn't get into the shooting part of it in Oregon.
 MR. LOWE:  Or the finding of anything in the vehicle?
 MR. CROOKS:  No.
 (Whereupon, the following proceedings were had in {1819} the courtroom in the presence and hearing of the jury:)
MR. CROOKS:  Your Honor, if it please the Court, the United States would call Mr. Eugene Strain.
 EUGENE STRAIN, being first duly sworn, testified as follows:
 DIRECT EXAMINATION
By MR. CROOKS:
 Q  Mr. Strain, would you state your full name again for the record, please?
 A  Eugene Strain.
 Q  Where do you leave, sir?
 A  The Dalles, Oregon.
 Q  And what is your employment?
 A  Service manager for Sunset Motor Company.
 Q  And calling your attention back to the fall of 1975, were you service manager or employed by the same oil company at that time?
 A  Yes.
 Q  All right. Calling your attention specifically to the 14th day of November, 1975, were you on duty with the Sunset Oil Company at The Dalles on that occasion?
 A  Yes.
 Q  During the course of the day did you in the normal duties as an attendant have occasion to service a Dodge motorhome which was accompanied by a Plymouth stationwagon?
{1820}
 A  Yes, it was in the repair shop.
 Q  I would show you what has been marked as Government's Exhibit No. 61, the first page of it, and ask if that is a vehicle which you associate in some way?
 A  (Examining) Yes, it is.
 Q  And is there anything particular that you see about that that you can identify and recall?
 A  The left windshield wiper is missing on the vehicle. That Is the reason it came into the repair shop, to see if we could assist them in repairing it.
 Q  There is also a picture of a white Plymouth with brown panel. Do you recall that vehicle specifically?
 A  There was a light-colored vehicle traveling with this unit. On that car I can't say definitely whether it was.
 Q  You can't make a positive identification on the Plymouth wagon, but you can make a fairly positive identification on the picture?
 A  Yes.
 Q  And what was the occasion that you had to service the Dodge motorhome?
 A  They brought the unit in. They were having problems trying to repair this windshield wiper, so they could use it.
 Q  And how many people -- just not necessarily specifically -- how many people were with the motorhome?
 A  The only ones that I actually saw were three.
{1821}
 Q  All right, and approximately how long were you with the individuals that you identified as having been with the motorhome?
 A  About 15 to 20 minutes, I would say.
 Q  15 to 20 minutes. Did you visit briefly off and on with the various individuals that we are concerned with there?
 A  Yes, I was talking to the two of them.
 Q  Now, would you point out just very briefly for the jury -- we have a map over here which is Exhibit 70. Would you point out where The Dalles is with reference to the State of Oregon, calling your attention to Exhibit No. 7? You can take the pointer if you would.
 A  I think it is approximately right in here, right here (indicating). We are actually 87 miles east of Portland, is where we are at. The Dalles is right there (indicating).
 Q  And the Dalles is at the western-most end of what is commonly referred to as the Columbia Gorge, is that correct?
 A  Yes.
 Q  I would ask you, Mr. Strain, if you can identify the individual or one of the individuals who was in the company of the Dodge motorhome as being in the courtroom today?
 A  This gentleman (indicating), sitting over there with the orange.
 Q  This would be the gentleman in the orange shirt at the counsel table?
{1822}
 A  It has been a long time.
 Q  All right. Give me your best recollection if you can identify him or anyone else.
 A  Not real positive.
 Q  You are not real positive?
 A  No, sir. It has been a long time.
 Q  Well, would you describe the man that you saw and state what differences, if any, you see with the individual you tentatively identified?
 MR. LOWE:  Your Honor, I object. There has been nobody tentatively identified. He is looking around the courtroom, and he his not positive he spots anybody. I object to the form of the question.
 THE COURT:  He may describe the individuals that were present.
 Q  (By Mr. Crooks) Describe the individual that you have in mind.
 A  Probably around five feet ten; five, nine; five, ten, somewhere in there; 170, 190 pounds; dark, curly, long hair; and a mustache at the time, of either Indian or Spanish descent.
 MR. CROOKS:  All right. We have no further questions.
 MR. LOWE:  May we have just a moment?
 THE COURT:  You may.
 (Counsel confer.)
 MR. LOWE:  We have no questions, your Honor.
{1823}
 THE COURT:  You may step down.
 MR. CROOKS:  We would ask Mr. Strain be permanently excused so he can catch a plane.
 THE COURT:  Any objection?
 MR. LOWE:  No objection, your Honor.
 THE COURT:  You are excused.
 THE WITNESS:  Thank you.
 (Witness excused.)

TRIAL TRANSCRIPT