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RESMURS -- Reservation Murder Scene
Documents from Leonard Peltier's FBI File
Who shot the agents? Evidence leading to the conviction of Leonard Peltier for the murder of SA's Jack Coler and Ronald Williams on the Pine Ridge reservation on June 26, 1975. My conclusions are that (1) there is no forensic evidence that SA's Coler and Williams were shot at close range; (2) the ballistics evidence does not show that Leonard Peltier shot either agent; (3) government witness testimony used to convict Leonard Peltier is not to be believed.
FORENSIC EVIDENCEAutopsy ReportsWITNESSES AND SOURCES
Gun Shot Residue Tests
AR-15 Ballistics
Firing Tests
Norman BrownRELATED MURDERS
Michael Anderson
Wilfred Draper
John Stewart
James Harper
Myrtle Poor Bear
Special Agent Frederick Coward, Jr.
Confidential Source
Anna Mae Aquash Murder
Joe Stuntz Murder
FORENSIC EVIDENCE
Autopsy Reports The FBI relied on the testimony of Robert D. Bloemendaal, the local (Rapid City) county coroner, who testified that from his autopsy he determined that the barrel of a gun was in contact with SA Williams' hand and that the same bullet traveled through the hand into SA Williams' head. He said that the bullet became deformed and caused a larger wound in SA Williams' head than normal. It's not clear how Dr. Bloemendaal determined that the same bullet passed through Williams' hand into his head. About 110 bullets were fired at the Agents.
Summary of autopsies by Robert D. Bloemendaal, June 27, 1975
There is a defect involving the dorsal aspect of the right hand. ... An area over the skin of the base of the little finder and the portion of the hand distal to the hypothenar area is discolored a black color, over an area measuring approximately 2.5 cm. in length and 1.4 cm. in width. This extends up to the lateral margin of the defect. Autopsy Report of SA Ronald Williams, June 27, 1975
An autopsy was performed on the body of Special Agent (SA) RONALD A. WILLIAMS at the Behrens Mortuary, 632 St. Francis, by Dr. ROBERT D. BLOEMENDAAL and Dr. H.L. FROST. The following observations were made:
1. An apparent bullet wound in the right hand which entered in the palm and exited the back of the hand at the point ... The palm of the hand contained powder burns and part of the hand was shot away.
FBI report, June 28, 1975SA WILLIAMS' head was bloody and his right hand appeared to be shot. His right hand was beside or near his head. Document MP 70-10239 regarding crime scene examination, June 28, 1975
One of the chief concerns by the way of inconsistencies that should be resolved today, is the autopsy report saying that SA Williams was instantly killed by the first bullet at close range, wherein the teletype received from Minneapolis 6/29/75 indicated that Agent heard Williams on the radio transmit the message "I'm hit." Memorandum from B.H. Cooke to Mr. Gebhardt, June 30, 1975
Doctor R.D. Bloemendaal, M.D., 1010 Ninth Street, furnished a vial containing a specimen of skin removed from the left hand of Special Agent (SA) RONALD A. WILLIAMS at the time of autopsy on June 27, 1975. This specimen of skin is being maintained as evidence. FD-302 Report of SA Gary Adams, Jan 29, 1976
It was determined through a telephone conference with Special Prosecutor Robert Sikma that the testimony of Dr. Thomas T. Noguchi, Los Angeles County Coroner, would be utilized in the prosecution of this matter to explain the unique areas of forensic pathology needed to corroborate the testimony of eyewitnesses. It was agreed that Dr. Noguchi would conduct limited testing necessary to obtain data concerning the types of wounds sustained by SA's Williams and Coler. With the testimony of Dr. Noguchi, Dr. Bloemendaal (the local medical examiner) will not provide opinion testimony except as to cause of death, it being noted that he is not a forensic pathologist. ... Mr. Sikma stated Dr. Bloomendaal, who conducted the medical examination of the bodies of Williams and Coler, is not a forensic pathologist and in addition, is not a good witness. He feels it is absolutely necessary that a forensic pathologist expand on the testimony of Dr. Bloomendaal to create for the jury some degree of awareness of the manner in which these Agents were murdered. Mr. Sikma feels Dr. Noguchi must conduct some testing to provide him data upon which to base his opinion since Dr. Noguchi did not have the opportunity to actually examine the bodies of our Agents. Director to SACs Los Angeles, Rapid City, March 16, 1976
Dr. Noguchi testified concerning his opinions concerning the wounds received by the agents and clearly stated that the fatal wounds to each agent were received from weapons that were fired within a few (two to three) feet of each agent. Rapid City to Director, March 21, 1976
Pathologist Robert D. Bloemendaal concluded his testimony. Key point of his testimony was that the shot that killed Williams was in contact with Williams' hand. Bloemendaal demonstrated by holding his hand in front of his face and saying that the weapon was in contact with the hand and that the bullet, after going through the hand, changed its shape resulting in a more severe head wound to Williams. ASAC Rapid City to Director, June 18, 1976
Pathologist testimony established that death was by gunshot wounds and that the gun which fired the shot that killed Williams was in contact with Williams' hand which was held in front of his face. ASAC Rapid City to Director, June 22, 1976
... Another statement on page 4 indicates a shot was fired at point-blank range, possibly within a foot or so of Agent Williams. Dr. Bloomdaal [sic], the pathologist from Rapid City, testified the muzzle of the weapon was touching Williams' hand. SA B.H. Cooke, Section Chief, Criminal Section, to Mr. Gallagher, July 3, 1976
Gun Shot Residue Tests FBI documents offer conflicting accounts of whether Special Agent Williams was shot in the left or right hand. A January 20th, 1976 memorandum states that he was shot in the left hand. Lab Report PC-M5184 NM OG, dated February 27, 1976 shows that the SEM/EDX Gun Shot Residue tests came up negative.
A July 21, 1976 memorandum describes a test done on the right hand of of SA Coler, the other agent, to determine whether he had fired a weapon that day. This memorandum states that SA Williams was shot in the right hand, and that no Gun Shot Residue test was performed because the powder burns were visible to the naked eye.
On January 8, 1976, Special Prosecutor ROBERT SIKMA, Dr. R.D. BLOEMENAAAL, M.D., and Dr. Thomas T. NOGUCHI, Los Angeles County Coroner's Office conferred regarding results of autopsies performed by Dr. BLOEMENDAAL on SAs WILLIAMS and COLER. As a result of this conference several additional examinations were requested through Special Prosecutor SIKMA. Dr. NOGUCHI advised that a Dr. VICTOR MATRICARDO of the FBI Lab could perform SEM/EDX examinations of powder burn thus identifying close proximity of rifle barrel when fired at SA WILLIAMS removing his fingers. [...] The Laboratory is requested to perform appropriate examination of piece of flesh from left hand of SA WILLIAMS to determine presence of powder burn. SAC, Minneapolis to Director, Jan 20, 1976
Q3053: Skin from left hand of Special Agent RONALD WILLIAMS. ... Instrumental examination of the Q3053 specimen failed to reveal the presence of primer residues. Minute particicles of lead were present. Lab Report PC-M5184 NM OG, Feb 27, 1976
Enclosed under separate cover for the FBI Laboratory is a neutron activation analysis kit. For the information of the Laboratory, the kit was used in an effort to determine if SA JACK R. COLER had fired a weapon prior to his death. The test was made at the autopsy of SA COLER by SA J.P. HUFFORD. No attempt was made to test the right hand of SA RONALD A. WILLIAMS since he had been shot through the right hand at point blank range and there were visible powder burns on his hand. Rapid City to Director, July 21, 1976
Q2720: Two 5% nitric acid swabs of right hand of SA Coler. Specimen Q2720 was analyzed by neutron activation analysis for the elements of antimony and barium, which are components of most primer mixtures and can be deposited on the hand when a firearm is discharged. No significant amounts of antimony and barium were detected on specimen Q1. Therefore, it could not be determined if SA Coler had discharged a firearm. Lab Report PC-M0612 NM NC, Jan 16, 1976
AR-15 Ballistics Recovered .223 caliber Colt rifle received from SA Gammage, BATF, contains different firing pin than that in rifle used at RESMURS scene. Director to SAC, Rapid City, Oct. 2, 1975
The composition of the metal fragments obtained from SAs JACK R. COLER and RONALD A. WILLIAMS (14 grams from one Agent and seven grams from the other) and request the Laboratory, if possible, to compare with the composition of the slugs at the crime scene to determine which type of slugs the fragments came from. [Note: it's not clear if this test was ever done. - Paul] SAC, Pine Ridge to Director, Oct. 21, 1975
On Nov. 16, 1975, search renewed and following weapons located in [1969 white Dodge Explorer motor home] and seized by OSP. ... Colt AR15 Caliber 223, Model SP1, serial number obliterated. Portland to Director, FBI, Nov. 17, 1975
Re Portland teletype 11/17/75 and delivery of .35 Remington caliber rifle and .223 caliber Colt AR-15 rifle to the laboratory by SA Thomas F. Durham, Portland Division. Cartridge cases fired in submitted weapons in laboratory were compared with like caliber cartridge cases recovered at RESMURS scene and it was concluded that these two rifles, in their present conditions, could not have fired any of the recovered specimens. Director to SAC's, Rapid City, Portland, Nov. 24, 1975
Colt AR-15, Semi-automatic rifle. This weapons was located in the vehicle occupied by Robert Robideau, Norman Charles, Michael Anderson, Darlene Nichols Banks, Bernadette Nichols, Keith DeMaris, and Jean Marie Bordeaux. A witness observed this weapons in possession of Darrell Dean Butler and Leonard Petier at the crime scene. Document listing weapons linked to crime scene, March 24, 1976
Q. You admitted to Mr. Ellison there were at least three different 223 caliber weapons associated with the crime scene on that date.
A. Yes. They could have been fired from any one of those.
Q. And so when you put those two bullets on Chart 34A, and when you gave them a 34 series exhibit number, you are quite aware, are you not, when you do that that the power of suggestion is to suggest that those two bullets came from Exhibit 34-A? You are aware of that?
Excerpts from testimony of Evan Hodge, government ballistics witness, June 18 & 21, 1976Weapons, Cartridges, and Cartridge Casings, Jan. 14, 1977
... Fingerprint Specialist Winthrop Dale Lodge who continued his testimony concerning fingerprint identifications and location of two items of evidence during the search of SA Coler's vehicle. ... Among the numerous items identified was the .223 shell casing located by Mr. Lodge, supra, as being fired from the AR-15 located in a burned condition in the vehicle that exploded on the Kansas Turnpike near Wichita, Kansas, on September 10, 1975. Teletype from Rapid City to Director, April 5, 1977
The Q2628 cartridge case was not submitted to the Laboratory with the items recovered during the crime scene search, but was received three weeks later with other 800 items recovered from areas near or adjacent to the crime scene. Memorandum from W.F. Cronin to Mr. Kelleher, April 17, 1981
Firing Tests ... The proposed plan to conduct test firing and reconstruction of crime scene should be given further study at FBIHQ after it has been ascertained exactly what Special Prosecutor Sikma intends to prove. Director to SAC, Criminal Division, Los Angeles, ASAC, Rapid City Feb 4, 1976
Los Angeles is authorized to make expenditures for the purchas of the necessary animal parts to be provided Dr. Thomas T. Noguchi, Los Angeles Coroner, to conduct forensic pathological tests to obtain data concerning the types of wounds sustained by SAs Jack R. Coler and Ronald A. Williams. A limited expenditure can be made to obtain a used automobile for these tests provided it is necessary. However, Los Angeles should limit the testing to the use of animal parts unless Dr. Noguchi specifically brings up and requests tests be made in conjunction with a used automobile. Director to Director to SAC Los Angeles, ASAC Rapid City, March 17, 1976
Dr. Ronald Taylor, Director Forensic, Los Angeles County Coroner's Office, advised that the following items would be necessary for Wesnesday, March 31, 1976 testing: nine hog shoulders with attached four legs; three hog ribs; two wooden frames for purpose of suspending biological material; 12 one gallon rectangular cans; one automobile fender. Los Angeles has acquired all the above items. Los Angeles to Director, March 30, 1976
Director to SAC Los Angeles, ASAC Rapid City, March 30, 1976
WITNESSES AND SOURCES
Table of Contents of Prosecutive Summary Report, Jan. 14, 1977
Interview of Special Agent David F. Price, June 26, 1975
The judge noted that defendants have made initial showing that informants A and B may have relevant, probative evidence. It was not clear whether the informants' role was merely peripheral or whether informants helped set up the commission of the crimes charged or were present at their occurrance. Teletype from Portland Field Office to HQ, July 30, 1980
Norman Brown Interview with Norman Patrick Brown, Sept. 25, 1975
BROWN saw two Caucasian makes alive near two late model vehicles in valley. Later he saw PELTIER, BUTLER and ROBIDEAU approach Caucasian males and heard three shots come from that area. Brown escaped with several others including PELTIER and identifies type of weapon PELTIER used. Summary of interview with Norman Patrick Brown, Oct. 10, 1975
[Norman Brown] identified AR-15 rifle as being type observed by him in hands of Peltier and stated just prior to recess that on date of shoting involving agents he observed Peltier firing near the area of the wrecked cars (confirmign Anderson's testimony) with AR-15 rifle. He further identified Robideau and Butler firing rifles same date. Teletype from Rapid City to HQ, March 24, 1977
Order Granting Immunity to Norman Patrick Brown, March 25, 1977
Brown then testified that at the grand jury of January, 1976, he falsely testified specifically concerning the fact that he observed Butler, Robideau and Peltier down by Agent Coler's vehicle and standing over their bodies, as a result of pressure from the FBI. ... It should be noted that it is the defense's contention that other government witnesses such as Draper and specifically Anderson were subject to the same presssures as Brown and it is expected they will argue that both testified under these pressures and attempt to mitigate the government's case as a result of same. Teletype from Rapid City to Director, April 14, 1977
On 4/14/77, the defense rested its case after calling Norman Brown to the stand at which time he admitted [ ] that he falsely testified at the Federal Grand Jury in January, 1976, specifically concerning the fact that he observed Butler, Robideau, and Peltier down by Agent Coler's vehicle and standing over their bodies. Memorandum, April 15, 1977
Michael Anderson Interview with Michael Erwin Anderson, Sept. 11, 1975
Interview with Michael Erwin Anderson, Sept. 15, 1975
[Anderson] then testified that a short time later he observed Leonard Peltier proceeding along the tree line toward the Agents' cars alone, and on the last occasion he observed Leonard Peltier carrying an AR-15, Dino Butler carrying an M-1 rifle and Bob Robideau carrying an unknown weapon standing near the area of the FBI cars. Teletype from Rapid City to HQ, March 23, 1977
Wilfred Draper Interview with Wilfred Draper, Jan. 12, 1976
[Draper] places AR-15 rifle in hands of Leonard Peltier during the escape from crime scene on June 26, 1975. ... Draper basically corroborated testimony of Micheal Erwin Anderson ... Draper did admit under cross examination he had not told the truth during previous grand jury testimony and on one occasion during testimony at trial of Butler and Robideau. Teletype from Rapid City to Director, March 23, 1977
James Harper Interview with James Adrian Harper, May 19, 1976
Interview with James Adrian Harper, May 19, 1976
Special Agent Frederick Coward, Jr. Report of Special Agent Frederick Coward, Jr., June 26, 1975
John Stewart Stewart advised that he knew no specifics concerning the murder of the two FBI Agents on June 26, 1975... Interview with John Estes Stewart, June 28, 1975
PELTIER and the others requested that STEWART drive them to CROW DOG's on the Rosebud Indian Reservation. STEWART drove these persons to CROW DOG's. While on rout, PELTIER and the others were talking about killing the two FBI Agents at Oglala, South Dakota. PELTIER mentioned that his gun had jammed on him and that he had trouble putting his clip back in. PELTIER also said, "that pig didn't have a chance." Interview with John Estes Stewart, May 12-14, 1976
Myrtle Poor Bear Statements of Myrtle Poor Bear, circa 1976
The next thing she can remember was being in the area of the FBI car and pounding on PELTIER's back and yelling at him to "quit it." He was standing near the FBI car and he was pointing a gun at one of the agents who she heard say something like, "I surrender." She saw the body of one of the agents on the ground short of "jump off the ground" as each bullet hit him. She did not know how many times PELTIER fired and she could not describe the gun he had other than it was a rifle. [...] At this point, POOR BEAR advised that she heard PELTIER and others who had been living at or near the JUMPING BULL residence planning to kill either Bureau of Indian Affairs (BIA) officers of [sic] Federal Bureau of Investigation (FBI) agents sometime prior to June 26, 1975. FD-302 Field Report of Interview of Myrtle Poor Bear by SA Edward A. Skelly, Feb. 24, 1976
POOR BEAR state that after observing the above, she turned and started to run from the area. POOR BEAR stated that SLOW BEAR grabbed POOR BEAR by the hair and kept her from running away. POOR BEAR stated that shen SLOW BEAR grabbed POOR BEAR's hair, POOR BEAR turned around and was facing PELTIER and the others. POOR BEAR stated that in the next instant she heard a gunshot, saw the rifle PELTIER was holding jump up and saw the FBI Agent's body jump into the air and come face down on the ground. POOR BEAR stated she knew PELTIER had shot this AGENT. FD-302 Field Report of Interview of Myrtle Poor Bear by SAs William B. Wood and David F. Price , March 31, 1976
POOR BEAR was advised that an affidavit with her signature had been produced in Canada stating that she had lied concerning being present at the murder of the two FBI Agents at Oglala, South Dakota. POOR BEAR advised taht she had signed no such statement and had not given any statement that she had not been present at the time of the killing of the two FBI Agents. FD-302 Field Report of Interview of Myrtle Poor Bear by SAs David F. Price and Merrill C. Sherer, Nov. 2, 1976
She walked to where these cars were located and observed Peltier facing a man she believed to be an SA of the FBI. She observed this man throw a handgun to the side and surrender. Peltier was pointing a rifle in direction of this man at the time. This man was holding his arm as if he was wounded and was leaning against one of the cars. Teletype from Rapid City to Director, Jan 25, 1977
Thereafter Myrtle Poor Bear was called to the stand and denied all statements she had previously made to the FBI including affidavits bearing her signature. She claimed the contents of all were false, however, did admit signing two of the three affidavits produced. Poor Bear was obviously testifying under great pressure and broke down during the testimony. Teletype from Rapid City to Director, April 13, 1977
Confidential Source The source advised one of the weapons utilized by fugitive Leonard Peltier to kill SAs Jack R. Coler and Ronald A. Williams was an AR-15 rifle. The .308 caliber Model 760 Remington rifle belonging to SA Coler was in the possession of Robert Eugene Robideau since their murders on 6/26/75. It is to be noted an AR-15 and a .308 rifle were recovered from the automobile which exploded on a Kansas highway 9/10/75. ... On 9/7/75, the source advised the following individuals were present when SAs Coler and Williams were killed 6/82/75: Michael Anderson, Robert Robideau, Leonard Peltier, Norman Brown, Norman Charles, Dino Butler, Jean Marie Bordeaux, and Kelly Jean McCormick. The source furnished pertinent information which led to the identifying and locating of Norman Brown, a young Navajo Indian who had been traveling with Robideau. As a result of the information furnished, Brown interviewed in Chinle, Arizona, 9/22/75, and named Leonard Peltier, Dino Butler, and Robert Robideau as being responsible for the deaths of the Agents. Memorandum from B.H. Cooke to Mr. Gallagher, Oct. 2, 1975
RELATED MURDERS
Anna Mae Aquash Murder The below named individual [Anna Mae Aquash] has been developed as a witness or possible suspect in captioned matter. [death of agents Coler and Williams] As a result of same the full background investigation is being initiated with an objective of locating same for interview regarding captioned matter. Memorandum, July 9, 1975
Finger impressions obtained from deceased hands submitted with reairtel identified as fingerprints of Annie Mae Aquash, AKA - Fugitive, FBI #275229P1. Director to SAC's Minneapolis, Rapid City, Portland, March 3, 1976
He advised that ANNA MAE AQUASH began hanging around Oglala, South Dakota, in the early summer of 1975 and was with JEAN from Wisconsin and JEAN MARIE BORDEAUX. Interview with John Estes Stewart, May 12-14, 1976
On March 11 the body was exhumed in the presence of FBI agents and Dr. Garry Peterson, a pathologist from Minneapolis, Minnesota, who had been brought in by Aquash's family to examine her body. X-rays revealed a bullet of approximately .32 caliber in her head. Peterson's examination revealed a bullet wound in the back of the head surrounded by a 5x5 cm. area of subgaleal reddish discoloration. Incredibly, this wound was not reported in the first autopsy and gave rise to allegations that the FBI and/or BIA police had covered up the cause of her death. The fact that officers of both agencies examined the body en situs, wrapped in a blanket beside the road and far from any populated area, yet still did not suspect foul play, lends credence to these allegations in the minds of many people. Hospital personnel who received the body at the hospital reportedly suspected death by violence because of blood on her head. Events Surrounding Recent Murders on the Pine Ridge Reservation in South Dakota, Letter from Dr. Shirley Hill Witt and William F. Muldrow, US Commission on Civil Rights, to John A. Buggs, March 31, 1976
AUSA Youngman asked if he felt [ ] would be cooperative in attempting to arrange interview with Kamook regarding activities of Dennis James Banks and events surrounding murder of Anna Mae Aquash. AUSA Youngman stated that he felt idea had merit; however, he felt approach and interview should occur after results of appeal announced and charges re-instated. Teletype from Portland Field Office to HQ, April 12, 1977
Referenced teletype indicated Banks has returned to South Dakota and is completely alienated from Denis Banks. In view of Ninth Circuit Court decision and Kamook's attitude toward Dennis Banks, consideration should be given to have Kamook interviewed concerning her knowledge of the death of subject Aquash. Teletype from Portland Field Office to HQ, July 28, 1977
* * * Because of the manner in which FBI agents handled the recent murders of Anna Mae Aquash and Byron DeSersa, along with the record of an extraordinary number of unresolved homicides and incidents of terror and violence which have become unfortunately commonplace, the sentiment prevails that life is cheap on the Pine Ridge Reservation. Many Native Americans living there feel that they are not afforded the equality of treatment or the quality justice available to other persons throughout our country. Reports of improprieties by the FBI which reached us are of a serious nature and if found to be true should be corrected immediately. We again present our request that you accurately assess the activities of the FBI on the Pine Ridge Reservation and make your findings known to us as soon as possible. Letter from Arthur S. Flemming, United States Commission on Civil Rights, to Attorney General, circa 1976
In July 1975 Chairman Arthur Flemming formally requested Attorney General Edward Levi to conduct an investigation into allegedly improper FBI activities following the shooting of the two agents last June. This request, as far as is known, was never acted upon. We feel the situation is serious enough to warrant a second communication from the Commission to Mr. Levi requesting an investigation of the propriety, quality, and objectivity of FBI involvement on the reservation. Events Surrounding Recent Murders on the Pine Ridge Reservation in South Dakota, Letter from Dr. Shirley Hill Witt and William F. Muldrow, US Commission on Civil Rights, to John A. Buggs, March 31, 1976
Joe Stuntz Murder He related that a grand jury is currently investigating the death of the Indian killed at Wounded Knee after the two FBI agents were killed. [JIM] DURHAM related that this indian was wearing one of the agents' flak jackets when found and it did not show evidence of bullet holes; however, the individual's body had numerous holes which would normally be covered by the flak jacket. SAC, New York to Director, Sept. 3, 1975
Copyright Paul Wolf, 2004. No copyright to original government works.
