[Ppnews] Omaha Two story: (Part 22) - Omaha killer does not disclose COINTELPRO operation

Political Prisoner News ppnews at freedomarchives.org
Wed Apr 6 11:12:30 EDT 2011


<http://www.examiner.com/cointelpro-in-national/cross-examination-of-omaha-killer-doers-not-disclose-cointelpro-operation>http://www.examiner.com/cointelpro-in-national/cross-examination-of-omaha-killer-doers-not-disclose-cointelpro-operation


Cross-examination of Omaha killer does not disclose COINTELPRO operation

    * By <http://www.examiner.com/user-richardsonreports>Michael 
Richardson, COINTELPRO Examiner
    * April 6th, 2011 9:08 am ET
Omaha Two story: April 6, 1971

On April 6, 1971, the confessed killer of Patrolman 
<http://www.examiner.com/cointelpro-in-national/omaha-patrolman-larry-minard-killed-ambush-bombing-after-911-call>Larry 
Minard, Sr. was cross-examined in the murder trial of 
<http://www.examiner.com/cointelpro-in-national/prison-interview-with-ed-poindexter-on-cointelpro-and-the-omaha-police>Edward 
Poindexter and 
<http://www.examiner.com/cointelpro-in-national/prison-interview-with-mondo-we-langa-on-cointelpro-and-omaha-two-case>Mondo 
we Langa, then David 
Rice. 
<http://www.examiner.com/cointelpro-in-national/confessed-omaha-bomber-changes-story-during-preliminary-hearing>Duane 
Peak made a deal with prosecutors and testified against the two Black 
Panther leaders in exchange for a reduced sentence.  Peak ultimately 
served 33 months in juvenile detention and was released.

The Omaha Two, as Ed Poindexter and Mondo we Langa are now known, 
have been in jail four decades for a crime they deny any 
role.  Unknown to the jury, both men were targets of the Federal 
Bureau of Investigation's clandestine 
<http://www.examiner.com/cointelpro-in-national/crimes-of-cointelpro-heard-at-northeastern-law-school-seminar>COINTELPRO 
operation.
<http://www.examiner.com/cointelpro-in-national/j-edgar-hoover-gave-order-to-let-policeman-s-killer-get-away-with-murder>
J. Edgar Hoover, director of the FBI, had personally given the order 
on August 19, 1970, two days after Minard's murder, to withhold a FBI 
Laboratory report on the recording of the anonymous 911 caller that 
lured Minard and seven other officers to a bomb-rigged vacant 
house.  The jury was never told about Hoover's secret order 
cancelling a test of Peak's voice.

Tuesday's testimony began with the cross examination of Duane Peak by 
defense counsel Thomas Kenney.  Pacing slowly before the jury box, 
Kenney directed an examination of Peak's school years.  Peak stated 
that his formal education had ended after one quarter at North High 
School where he was expelled for fighting with a white youth.

Kenney then questioned Peak about his drug use.  Peak stated he had 
never taken more than two "red devils" at one time.  He said  that 
members of the National Committee to Combat Fascism personally 
discouraged him from taking drugs.

Kenney followed with questions concerning the role of the National 
Committee to Combat Fascism.  Peak replied that the Black Panther 
affiliate group provided for free breakfasts for poor black children 
in the community.  He added that the N.C.C.F. hoped to make the black 
community "politically aware."  Kenney then asked for the group's 
position on the use of violence.  Peak explained that the Black 
Panthers deplored violence except in cases of self-defense.

Duane Peak testified under cross-examination  that he "might have" 
laughed when he watched a television report about the explosion that 
killed Larry Minard.

Peak said he was watching the television news with his older brother 
Donald.  Peak said both might have laughed at mention of the bombing 
but that he couldn't recall for sure.

Assistant Public Defender Kenney questioned Peak about a January 1970 
incident in which William, Frank and Duane Peak were allegedly beaten 
by members of the Omaha Police Department.  Following this Kenney 
asked Peak to describe any personal feelings about the police.  Peak 
stated that he "didn't like them."

"They represent the fascist government that was oppressing the 
people," Peak added.

Under Thomas Kenney's cross-examination, Peak described his 
confinement in the Dodge County Jail in Fremont, Nebraska.  He said 
that he had been allowed a television and radio in his private 
cell.  He stated that he had also been brought into Omaha to visit 
relatives.    Peak added that he had been taken out to dinner several 
times and one such occasion was to the Silver Lining Lounge in the 
company of  prosecutors Arthur O'Leary and Sam Cooper.

At this point Kenney paused and asked, "Has your attorney ever told 
you that if you testify against Edward Poindexter and David Rice that 
you might be allowed to plead to a lesser charge?"

"He said there might be a possibility," Peak replied.

Tuesday afternoon's cross-examination was conducted by Mondo we 
Langa's attorney, David Herzog.  Herzog introduced a chart outlining 
eight statements that Peak had given to authorities since his arrest 
August 28, 1970.

Herzog asked Peak to recall an interview on August 31st in which he 
said that Mondo may not have been aware that dynamite was being 
placed in a suitcase that was eventually to be carried to 2867 
Ohio.  In that interview Peak said, referring to Mondo, "He didn't 
see it being made.  I don't think he knows how it was made."  Peak 
said he failed to recall making that statement.

Herzog read from the transcript of the September 28, 1970, 
preliminary hearing of Mondo we Langa and Ed Poindexter.  At that 
time Peak remarked that police had talked to him about the electric 
chair on two occasions.  Reading aloud from the transcript, Herzog 
recalled the question:

Herzog:   "Were you reminded what would happen if you didn't testify"

Peak:  "Yes."

Herzog:  "Then you're doing what they want you to do, aren't you?"

Peak:  "Yes."

Questioned by Herzog, Peak said his older sister Theresa asked him 
why he did it, and he replied, "Because I wanted to."

Peak testified that in July 1970, he described to a cousin how to 
make a "people's hand grenade" made of  buckshot, black powder, an 
aerosol can and a fuse.  He said he also showed the cousin how a bomb 
in a suitcase could be made to explode.

Herzog read from a February 4, 1971, deposition which he took from 
Peak.  Peak recalled in the deposition saying that the suitcase was 
left open at the vacant house on Ohio Street, a contradiction from 
Peak's testimony the day before on Monday that the suitcase was closed.

During the day's testimony the courtroom audience swelled to about 
150 spectators.  The defendants appeared to be calm and 
relaxed.  However, during the testimony they were somber and 
attentive.  They constantly made notes and conferred with their attorneys.

Duane Peak would return to the witness stand for a third day of 
testimony on Wednesday, forty years ago.

To view all of the Omaha Two story articles click 
<http://www.examiner.com/omaha-two-story-in-national>HERE

Permission granted to reprint

Michael Richardson
COINTELPRPO Examiner
Examiner.com



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