Transcripts

KEVIN MCKIERNAN: Pandemonium has broken out at the St. Paul federal courthouse. Late this afternoon, Federal Judge Fred Nichol dismissed all remaining felony charges against defendants Dennis Banks and Russell Means for their leadership roles in the 1973 seizure of Wounded Knee.

Nichol based his decision on four factors. First, the government's refusal to go ahead with 11 jurors after the recent heart attack of the 12th juror late last week. Secondly, the illegal military involvement of the Pentagon at Wounded Knee. And thirdly, the gross negligence of the government in not turning over contradictory evidence when putting a 16-year-old informer on the witness stand.

And finally, the most serious charge of all, the deceit of RD Hurd, the chief trial prosecutor against Banks and Means, deceit in the alleged FBI quashing of a rape investigation in Wisconsin. Chief Trial Prosecutor Hurd had said that to his knowledge, it was a public intoxication case. Judge Nichol felt otherwise. He granted the decision to dismiss the case very much for that reason.

Nichol severely chastised the assistant US attorney Hurd. He quoted Justice Sutherland in a 1935 Supreme Court case, quote, "the US attorney may strike hard blows, but he may not strike foul ones," unquote. Judge Nichol said the FBI in this case had stooped to a very low state, and he said that organization had deteriorated greatly.

He said it made him very ashamed to be a citizen. And he said, "I wonder if I'm even proud now that I served my country," a reference to that judge's service in the Second World War. At this point, the federal courthouse is surrounded with very happy, very jubilant Indian supporters. Dennis Banks and Russell means are about to make their statement. At the courthouse in Saint Paul, Minnesota, this is Kevin McKiernan.