THE COURT: Alright. Bring in the jury, please.

(Jury Enters)

THE COURT: Mr. Ecoffey, if you could come back up

to the stand.

BY MR. RENSCH:

Q. Sir, you met with Arlo Looking Cloud out at the scene of

this killing in July of 1995, is that not so?

A. That's correct.

Q. After he told you what happened out there, you sent him

back to Denver to do whatever it was he was going to do, isn't

that correct?

A. That's correct.

Q. And between 1995 and 2003 did you in any way monitor the

whereabouts of Mr. Arlo Looking Cloud?

A. No, I did not.

Q. Did you send someone to follow him to see what he did?

A. No, I did not.

Q. Did you do anything to try to determine where this man

would be staying or living in society during that period of

time?

A. I did not.

Q. You, sir, take an oath when you become a law enforcement

officer, don't you?

A. Yes, I do.

Q. What is that oath?

A. An oath to serve and protect the public, to tell the

truth, and safeguard the community.

Q. So when you take an oath to serve and protect the

public, that's something you take very seriously, is that not so?

A. That's correct.

Q. When you are the United States Marshal for the District

of South Dakota do you take an additional oath?

A. Yes, you do.

Q. Does that include within its makeup to serve and protect?

A. Yes.

Q. To protect the citizens across this land?

A. That's correct.

Q. From danger?

A. Yes.

Q. You have given testimony before a grand jury in relation

to this matter, have you not?

A. Yes.

Q. You testified before a grand jury that at the first

autopsy there was no evidence of trauma on the body, is that correct?

A. I would have to take a look at the transcript.

MR. RENSCH: Page 11, counsel. See if this

refreshes your recollection.

BY MR. RENSCH:

Q. Look at line 7.

A. Line 7 you say?

Q. Yes.

A. Okay. What, you want me to read.

Q. You testified there was evidence of trauma found on this

body at the first autopsy?

A. I testified that he didn't.

Q. That what?

A. That, the question was, the question in the report said

they talked about the question was did he find any evidence of

trauma on the body that he could test. I said no, he didn't.

Q. You didn't receive any information from any pathologist

that other than the hands being severed from the body there

was any evidence of trauma, isn't that so, sir?

A. That's correct.

Q. Arlo told you that he went over to Troy Lynn Yellow

Wood's house to meet a man by the name of Joe Morgan, didn't

he, sir?

A. Yes.

Q. When he got there he met Theda, right?

A. He met Theda and Troy Lynn at the door.

Q. And Theda asked him to drive to Rapid City, isn't that true?

A. That's true.

Q. And that he went down in the basement, correct?

A. First he said he went to the kitchen and then down in

the basement.

Q. And that John Boy tied her up?

A. Yes, that's correct.

Q. And John Boy then walked her up the stairs and out of

the house?

A. That's correct.

Q. And that they then drove to Rapid City?

A. That's correct.

Q. That when they got to Rapid City they went to a vacant

apartment and slept there?

A. That's correct.

Q. He also told you that during the day at some period of

time he went and he met a friend by the name of Tony Red

Cloud, didn't he, sir?

A. That's correct.

Q. And that he stayed away so long at this friend's house

that when he got back Theda Clark was mad at him?

A. That's correct.

Q. And he told you then after that they went down to

Rosebud, correct?

A. He said he got back, Theda got mad at him, chewed him

out, it got dark, then they went toward Rosebud.

Q. And when they went do Rosebud Theda and John Boy went in

to a house that was in Rosebud?

A. That's correct.

Q. And he didn't know whose house it was?

A. That's correct.

Q. And that they stayed in there for a while and then they

came outside?

A. He said, I remember right, that Theda went in first, and

she came out and got John Boy, and then John Boy went in and

they stayed in there for a while and then they both came out.

Q. And they then drove on this road that goes north toward Kadoka?

A. He said they took the back road, and I believe on the

tape where it says inaudible it was Wanblee he said on the tape.

Q. In any event, Theda pulls the car out there on that

lonely road, correct?

A. On the what?

Q. On the lonely road that night, that's what he tells you?

A. That's correct.

Q. And that John Boy gets Ms. Pictou-Aquash out of the

vehicle, correct?

A. That's correct.

Q. And that it is either Theda or John Boy says to him go

along, correct?

A. I believe he says that Theda said go with him.

Q. You believe he said Theda go with him?

A. Yes.

Q. Didn't he tell you at one point that John Boy said go

with him?

A. I think at one point he said John Boy said come along,

and one point I believe in the statement Theda said go with him.

Q. In any event, he goes along and he never tells you that

he wants her to die, does he, sir?

A. He never told me that.

Q. And he never tells you that he is helping with her

murder, does he, sir?

A. That's correct.

Q. And he tells you that when she is shot this is a

surprise to him, isn't that correct, sir?

A. I can't remember him saying that unless it was on the tape.

Q. He didn't know she was going to be shot, isn't that

true, sir?

A. He did say that.

Q. And if you don't know something is going to happen and

it happens, that can be a surprise, can't it, sir?

MR. MANDEL: Objection, argumentative.

THE COURT: Overruled, it's cross examination.

A. Yes, it could be.

BY MR. RENSCH:

Q. And that when she was shot he took that gun and fired it

into the ground because he was afraid of what might happen?

A. That's what he said.

Q. And he emptied that gun in to the ground, that's what he

told you, sir?

A. That's correct.

Q. And he got back in that vehicle and they buried that

gun, true, sir?

A. That's what he said.

Q. And that when he went back to Denver and after they

spent the night, he went about his business and stayed away

from this John Boy Patton, that's what he told you, is that

correct, sir?

A. He said when they first got back there that he stayed at

John Boy's there I believe overnight. I remember in the

statement he said that there wasn't much discussion, John Boy

was making chokers, and then John Boy went to sleep and he was

visiting with Angie, I believe.

Q, And he got out of there and he stayed away from John

Boy, that's what he told you, isn't that true?

A. That's correct.

Q. And that after that he didn't do anything with the

American Indian Movement, that's what he told you, isn't that

true, sir?

A. He said he stayed away from Theda, John Boy. I don't

remember him saying anything about the American Indian Movement.

Q. Well, he stayed away from the people that were involved

in all of this, isn't that true?

A. That's correct.

Q. And when he spoke to you in July, he was speaking to you

willingly, wasn't he?

A. That's correct.

Q. And when he spoke, that's July of 1995. When he spoke

to you in 2003, he was speaking to you willingly, isn't that true, sir?

A. That's correct.

Q. Incidentally, when you first approach somebody about

criminal activity, people often say they don't know what you

are talking about, don't they, sir?

MR. MANDEL: Objection, relevance.

THE COURT: Overruled.

A. Well, the first time he said he didn't know anything

about it when we talked to him the first time, and then the

other two occasions he did cooperate and said he did know what

happened.

BY MR. RENSCH:

Q. My question to you is, though, when you approach

somebody, when they are the suspect of something, it's not

unusual for someone to say hey, I don't know what you are

talking about, is it, sir?

MR. MANDEL: Objection again on the grounds of

relevance.

THE COURT: Overruled.

A. Sometimes.

BY MR. RENSCH:

Q. Sometimes what?

A. Sometimes the defendant will respond in that manner.

MR. RENSCH: Okay, nothing further, thank you.

REDIRECT EXAMINATION BY MR. MANDEL:

Q. Mr. Rensch asked you about some testimony in the grand

jury, do you recall that?

A. Yes, I do.

Q. At that time were you testifying as to the findings of Dr. Brown?

A. Yes.

Q. And he indicated that he didn't find any trauma on the body?

A. Yes.

Q. And that would include that he did not find the gunshot

wound, correct?

A. That's correct.

MR. MANDEL: Nothing further, Your Honor.

THE COURT: Anything further?

MR. RENSCH: Nothing further.

THE COURT: Thank you, Mr. Ecoffey, you may step

down. Call your next witness.

MR. MANDEL: No more witnesses. Your Honor, the

United States would rest.