The prosecution responded to the defense's motion that the government has no jurisdiction over Indian crimes. They cited a 19th Century case involving a Souix member killing a member of another tribe. U.S. Congress made a ruling that the federal government did, indeed, have jurisdiction over the accused.
KEVIN MCKIERNAN: Shortly before the morning recess, the government filed an important motion, a memorandum in opposition to the defendant's motion to dismiss all the Wounded Knee charges for lack of jurisdiction. Lawyers for Banks and Means had contended in a trial motion, January 7, the defenses charged in their indictments do not arise under these so-called Major Crimes Act and thus bar federal criminal jurisdiction.
The Major Crimes Act gave the United States jurisdiction where offenses are Indian versus Indian. It arose from a case in the 19th century where the Rosebud Sioux tribe claimed that the government had no right to prosecute an Indian named Crow Dog, who had assassinated a Sioux leader named Spotted Tail. The tribe claimed jurisdiction in the case because of self-government. Congress overruled that motion in the 19th century and ruled that they, in fact, the government that is, in fact, did have jurisdiction over Crow Dog.
In the motion today, the government contends that Congress intended that general criminal laws of the United States would apply to crimes committed by anyone, Indian or non-Indian, on an Indian reservation. If, said the government, the general United States laws do not apply to crimes on Indian reservations, reservations then would become sanctuaries for criminals. Judge Nichol now has taken both motions, the United States' and the defendants' motion, under advisement.
Thus far, in jury selection today, all tentative jurors are White, a panel makeup which is vigorously opposed by the Indian defendants. This morning, the 20th and 21st prospective jurors were screened by federal judge Fred Nichol and passed for cause. That is, neither the government nor the defense brought challenges for prejudice or legal technicalities to bar tentative seating. Today's new jurors are Mary Gupta, a 22-year-old Minneapolis secretary, and Milo Tupy, a Northwestern Bell switchman from St. Paul. The morning recess is about over. The jury selection will continue. This is Kevin McKiernan.
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