THE COURT: Call your next witness.

MR. MANDEL: United States would call Jim Glade, Your Honor. (Bench Conference)

MR. McMAHON: Your Honor, may we approach?

THE COURT: You may.

MR. McMAHON: We forgot to visit with you about a sequestration order, but we are agreed. None of our witnesses have been in here, I don't know about his.

MR. RENSCH: I don't even know what mine look like, but I don't think they are here. And I meant to move for that as well.

THE COURT: I meant to ask you and I forgot. It is granted as to each.

MR. McMAHON: Are you going to announce that if there are any in here they should leave?

THE COURT: Yes. (End Bench Conference)

THE COURT: I am going to enter a sequestration order. What that means is that if there are any people in the audience that are going to be witnesses or might be witnesses in the case, then you have to step out. You can't stay during any proceedings. If anybody is in the audience that is going to be a witness, because if you don't step out and you become a witness, you might not become a witness, because I might not let you testify. That's what a sequestration order does. Alright proceed.

JAMES GLADE, called as a witness, being first duly sworn, testified and said as follows:

DIRECT EXAMINATION BY MR. MANDEL:

Q. Sir, could you state your name, please?

A. James Glade.

Q. What is your occupation, Mr. Glade?

A. I am a range land management specialist with the Bureau of Indian Affairs at Pine Ridge.

Q. What is the spelling on your last name, sir?

A. G-L-A-D--E.

Q. What are your duties there in that capacity, Mr. Glade, what kind of things do you normally do?

A. Well, I take care of the grazing permits, the land schedules that go with the permits, contracts.

Q. As such are you familiar with the land status of various lands located on the Pine Ridge Indian Reservation?

A. Yes.

Q. Sir, I am going to show you a photograph, if you could look at. It will come up on that screen to your right there. Sir, I am going to ask you if you have seen that before and if you are familiar with that particular area?

A. Yes.

Q. Sir, I am showing you what's been marked as Exhibit 8 already and admitted into evidence. Now can you tell us first of all what the location of that particular piece of land is generally speaking?

It is on the reservation on the highway between Martin and Kadoka.

Q. Is that highway state Highway 73?

A. Yes.

How far is that from the junction of Highway 44 and Highway 73, if you follow the road?

A. About 3.3 miles.

Q. Sir, would that be to the north of Highway 44?

A. Yes.

Q. You see in about the center of that photograph, sir, there is a white rectangular area?

A. Yes.

Q. Have you been out to this particular scene to view this area?

A. Yes.

Q. As part of your duties did you check on the land status of this particular location, sir?

A. Yes.

Q. Can you tell us what the status of the land is there? First of all, is that land located within the confines of the Pine Ridge Indian Reservation?

A. Yes.

Q. And is that land that is held in trust?

A. Yes.

Q. When we say land that is held in trust, sir, what does that mean?

A. That means that it is held in trust by the United States for an individual or a tribe.

Q. For an individual Indian person or a tribe?

A. Yes.

Q. Is that land ranched by a particular individual that you are familiar with?

A. Yes.

Q. Who would that individual be, sir?

A. Roger Amiotte.

MR. MANDEL: No further questions, Your Honor.

THE COURT: Cross.

MR. RENSCH: No questions, Your Honor.

THE COURT: Thank you. Thank you, you may step down Mr. Glade. Now we will go in to recess unless you have another short witness.

MR. MANDEL: Not that short, Your Honor.

THE COURT: Now I want to give the jury some oral instructions. This is the end of the first day of trial, and you are going to go home and your neighbor or your significant other, or your spouse, your children, parents, your friends, whomever you have contact with is going to know you came here to jury duty. Naturally the first question they are going to ask you is well did you get picked? The answer is yes. But then the next natural thing they are going to say, well, what is it about, they are going to want to talk to you about it. Well, you can't talk to them about it. The problem is that you start talking about it at all and you are on kind of a slippery slope. You know, they haven't heard any of the evidence, they might have read something in the paper, they might have heard something on the news. But remember we don't decide these cases based on that, we decide the cases based upon what you hear from the witness stand, the Exhibits that are received into evidence, and also the instructions on the law that I give you, and all of the rest of it is not material. That's part of your oath as judges of the facts. So you can't talk to anybody at all about the case. You can't talk to each other about it either, because the only time you can talk to each other about the case is when all the evidence is in, the lawyers have argued at the end of the case. That's not evidence, only to help you in looking at the evidence. And you have heard my instructions on the law, which are much more detailed than I have given you already, it's only then you can deliberate on the case. Don't dig out an old law book or anything, do any independent research, do any factual reading and going back and looking at the newspaper or anything like that. Likewise don't make up your mind about the case. Wait until you have heard all of the evidence and you have deliberated, that's when you should make up your mind, not until. So thank you very much for your service, we will start again at nine o'clock tomorrow morning. Thank you, please stand for the jury. Jury Leaves at 5:00 ).

THE COURT: Counsel to stay. Please be seated. I am not shopping for bringing anything up, but my only point is if there is something, anything that is brought up, I would like to have it brought up now rather than tomorrow morning, because, as you know, Judges like to be able to think about things. I am not aware of anything, I am just telling you that. That doesn't mean if something comes up you can't bring it in in the morning, it's just that I have a strong preference for getting it now. If there is anything, I would [...]