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Sght next morning, the judge called all the attorneys into chambers. he went down the line and made each of us say that we were not responsible for the leak. he felt like the principals at least needed to go to jail. he had pre-judged the case. and under two federal statutes, a judge is obligated to remove themselves from hearing the rest of the case. so we filed immediately our second recusal motion asking the judge to step down. sght thing that seems to have upset judge battey the most is not whether he s fair but to be challenged that he s not fair. so he immediately denied that motion. i knew this case was going to trial. the day the hugh o gara article was published in the rapid city ....
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Jurors, two alternates. a large space in between where the lawyers get to walk and pace and show exhibits and things. and then we have the prosecution which had at times two or three lawyers. on our side, there was a lawyer for each defendant, so there are six lawyers and five defendants. the sixth defendant, of course, being the black hills institute. our trial is and still is the largest criminal case that s ever been tried in south dakota. you cannot say the word sue in the trial. i mean, the jurors are going, what happened to sue? that s why they got these guys in the court system, right? the logistics of this trial were incomprehensible. institute has collected maybe a million fossils. this indictment covers 14 of them. and those 14 fossils were collected from seven sites in ....
Theft. bob farrar, false statements to customs. the jury also found the institute guilty of bringing goods into the states by making a false statements. defendants eddie cole and terry wince were not convicted on any charges. as the verdict was announced, it was almost impossible to believe that the defense had scored a great victory. however, there were some fairly significant felony convictions. the expression you could have knocked me over with a feather, you could have knocked me over with a feather. i talked to some jurors after the trial. some of them were near tears when i interviewed them about how they had hoped they could acquit on every single charge. i believe they had to have something to take this to trial. and i spent the whole trial ....
We had given it 100% of our effort to show what they did. he. as the defense proceeded to present many fewer witnesses to say, look, it s not that complicated. we collecting fossils. we thought we had permission to be there. in this case we weren t where you thought we, in this case we were. it s that simple. as we were approaching the end of the trial, neil and i both felt that it was important for him to testify. three and a half days i was on the witness stand. and for three and a half days i swore to tell the truth, the whole truth and nothing but the truth so help me god. pete ended up not testifying. the state had not proven its case. the state doesn t prove their case, your client doesn t take the stand, period. so, on the advice of counsel, i did not testify. ....