In court this afternoon: Gary Thomas' testimony. Thomas is the OEO lawyer from Pine Ridge. Arguments were made over his testimony from last Feb. 27. Thomas' testimony was ruled admissible. Thomas described what he saw and heard at Wounded Knee, which included: Weapons, indian head dresses, and gunfire. On Feb 28 1973 Thomas said he'd been told he had 10 to 12 hrs to leave reservation or he'd be killed. Outside court, attorney Mark Lane says Thomas that had witnessed an assault on Russell Means by two goons in a parking lot, is their strongest evidence.
Transcripts
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SPEAKER: Kevin, you got back in time for, what, the last couple of hours of courtroom action this afternoon, and what happened?
KEVIN MCKIERNAN: Well, the main issue later in the afternoon was the admissibility of Gary Thomas's testimony. Thomas is an OEO lawyer who was with South Dakota Legal Services in Pine Ridge. During the time of the argument this afternoon as to whether or not the testimony could be admitted, the jury was excused, and the witness was excused.
The defense contended that the testimony of the meeting with Thomas, a meeting between Thomas and Russell Means, Mario Gonzalez, another lawyer, and Pedro Bissonette, allegedly taking place last February 27, should not be admitted because of two reasons-- That a dead man's statements were inadmissible in court. This is a reference, of course, to Pedro Bissonette, and secondly, that a privileged communication existed last February 27 between Means and Attorney Thomas.
The government objected, and Judge Nichol finally said that the court's position is that Attorney Thomas's testimony was admissible. Pedro Bissonette, said the judge, was indicted as a co-conspirator for Wounded Knee before his death, that is before Bissonnette's death last October. Also, said the judge, the presence in the room of Pedro Bissonette destroyed the confidentiality argument made by the defense, in other words, that Thomas was Means's lawyer and not Bissonnette's.
On direct examination by the government, Attorney Thomas testified that Means, Pedro Bissonette, and Mario Gonzalez met in the Pine Ridge Legal Offices at 7:30 PM on the night of the takeover, one year ago last night. And then, he said, either Pedro Bissonette or Russell Means said, quote, "Something's going to happen in Wounded Knee tonight. We have to get something out of your trunk."
And then, Pedro Bissonette and Russell Means, according to Thomas's testimony, went down to Thomas's car, and the trunk was opened. And Thomas testified today that either Pedro Bissonette or Russell Means took a rifle out of the trunk, then got in their own car and drove away. Thomas said that left Pine Ridge about 8:00 or 8:30, February 27, and went to Wounded Knee. He said he saw lots of people, quote, "running around," unquote. He said that he heard gunfire.
The defense then objected to Thomas's remark that, "the gunfire seemed to be aimed at streetlights," quote unquote. The judge sustained that objection. Thomas said he then went to the Catholic church, where he saw Russell Means in the archway of one of the back doors. He asked Means, "May I observe some of this?" quote unquote. Means said, "Sure," quote unquote. Thomas then said he saw someone unwrapping a bunch of arrows. He saw 12 to 13 people with shoulder weapons. And then, he saw people with Indian headdresses on. He then said he returned to his car within Wounded Knee, and there he heard more gunfire.
On cross-examination, Mark Lane, one of the defense counsels, asked Thomas whether or not his statements, reportedly made to the FBI in an FBI report, were accurate. And then, he said, "Were you ever," talking to Thomas, "a staff attorney for the Oglala Sioux tribe?" And Thomas answered, "No. I was with Legal Services." And then, Mark Lane said, "The FBI report is therefore wrong." And Thomas answered, "Yes."
Now Thomas had been testifying to the events of February 27. His service, as he said today in court, were terminated soon after that date. And then, he said that on the following day, that would be February 28, 1973, Tribal Chairman Richard Wilson told him in Pine Ridge that he, Attorney Thomas, had 10 to 12 hours to leave the Reservation, or he'd be killed. Thomas said that was pushed and shoved by Tribal Chairman Richard Wilson.
The government objected to a question by the defense as to whether or not Thomas had smelled the breath of Richard Wilson. But the judge overruled it, and he answered. He said, yes. He had smelled "booze," quote unquote.
Mark Lane asked the witness, Attorney Thomas, "Did you tell any federal authorities that Tribal Chairman Dick Wilson threatened to kill you February 28?" The government objected. And then, the jury and the witness were excused. And that's probably where the court will pick up tomorrow.
However, after court today, several reporters, including myself, interviewed Mark Lane and asked him about that day, the events of that day, February 28. According to Mark Lane outside the courtroom this afternoon, Attorney Thomas had witnessed an assault on Russell Means by, quote, "two goons," unquote, on February 27 in Pine Ridge in a store parking lot. The individuals who made the assault were arrested. And then, according to Mark Lane, Richard Wilson got them both out and the complaint, that is, was dismissed.
According to Mark Lane, Attorney Thomas complained to the FBI about that assault on Means and about the threat against his life by Richard Wilson. The FBI interviewed Thomas in April of last year, but according to Mark Lane, has not acted at all on the case as of yet. Mark Lane said that the strongest evidence that you'll see, meaning the reporters, in four months here against Tribal Chairman Richard Wilson is this assault or alleged assault in the village of Pine Ridge.
The exact quote, according to Lane, used by Wilson in making that assault was this, according to Mark lane, quote, "If you're not off the Reservation in 12 hours," speaking now to Attorney Thomas, "I'm not going to mess around with Washington, with the director, or with the courts. I'll just have you dead. My boys are called goons, and I'll show you what kind of goons they are," unquote.
According to Mark Lane, Thomas called his boss, his legal director. And the boss said, "You better get out of town. You better get out of there." And since that day, since last February 28, according to Mark Lane, because of the threat by Wilson against Attorney Thomas, there have been no Legal Services, no program like that on the Pine Ridge Reservation. And as you know, the Pine Ridge Reservation is the second largest in the United States.
SPEAKER: Well, Kevin, after a number of weeks of testimony then, and some fairly routine testimony at times, what you're saying is we, today, have begun to hear what in the eyes of the defense, at least, is some very significant testimony in what's going to be a long trial.
KEVIN MCKIERNAN: Very much so. And I think that some of this information, perhaps, will come out tomorrow, and then perhaps continue to come out. It's impossible at this point to say what direction or what effect this kind of testimony might have on the trial. But at this point, at least in the eyes of the defense, this is quite significant.
SPEAKER: We'll be anxiously awaiting your next report. Kevin, thank you.