Transcripts

SPEAKER: Jury selection is moving slowly in the Wounded Knee trials of Dennis Banks and Russell Means, here at the St. Paul Federal Courthouse. Banks and Means, leaders of the American Indian Movement, are charged with 10 felony indictments, stemming from the spring 1973 takeover of the small village of Wounded Knee, in Western South Dakota. They face a possible 80 years for their role in that 71-day occupation.

Several jurors have been excused from duty for reasons of the potential hardship involved in what well may be a 3 to 4-month jury duty in this trial. One of these was an expectant mother. Several other jurors have been dismissed for cause. That is, some reason which would prevent their rendering a fair verdict against the Indian defendants. One of these was a police chief with 14 years in law enforcement. The chief had indicated that courtroom testimony of US Marshals from Wounded Knee would carry more weight with him than testimony of, for example, defense witnesses.

Federal judge Fred Nichol is closely examining prospective jurors with respect to their attitudes toward American Indians, toward American Indian history, and toward the sometimes-stereotyping of the Indian image. Thus far, seven prospective jurors have been passed for cause. That is, at this point, they are unchallenged for prejudice. When that number reaches 38, prosecution and defense lawyers will exercise a combined total of 26 peremptory challenges to reduce the panel to 12 jurors.

It is anticipated now that this process could take as long as 10 more trial days. So far, the seven prospective jurors are all Caucasian. And this has prompted lawyers for the accused Indians to threaten a motion to invalidate the jury selection procedure, unless the coming days produce some minority representation on the jury panel.