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<a href="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<br>
<br>
</a></font><h2><font size=4><b>Cross-examination of Omaha killer does not
disclose COINTELPRO operation</b></font></h2>
<ul>
<li><font size=3>By
<a href="http://www.examiner.com/user-richardsonreports">Michael
Richardson</a>, COINTELPRO Examiner
<li>April 6th, 2011 9:08 am ET
</ul><b>Omaha Two story: April 6, 1971<br><br>
</b>On April 6, 1971, the confessed killer of Patrolman
<a href="http://www.examiner.com/cointelpro-in-national/omaha-patrolman-larry-minard-killed-ambush-bombing-after-911-call">
Larry Minard, Sr</a>. was cross-examined in the murder trial of
<a href="http://www.examiner.com/cointelpro-in-national/prison-interview-with-ed-poindexter-on-cointelpro-and-the-omaha-police">
Edward Poindexter</a> and
<a href="http://www.examiner.com/cointelpro-in-national/prison-interview-with-mondo-we-langa-on-cointelpro-and-omaha-two-case">
Mondo we Langa</a>, then David Rice.
<a href="http://www.examiner.com/cointelpro-in-national/confessed-omaha-bomber-changes-story-during-preliminary-hearing">
Duane Peak</a> 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.<br><br>
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
<a href="http://www.examiner.com/cointelpro-in-national/crimes-of-cointelpro-heard-at-northeastern-law-school-seminar">
COINTELPRO</a> operation.<br>
<a href="http://www.examiner.com/cointelpro-in-national/j-edgar-hoover-gave-order-to-let-policeman-s-killer-get-away-with-murder">
<br>
J. Edgar Hoover</a>, 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. <br><br>
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.<br><br>
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.<br><br>
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.<br><br>
Duane Peak testified under cross-examination that he “might have”
laughed when he watched a television report about the explosion that
killed Larry Minard.<br><br>
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.<br><br>
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.”<br><br>
“They represent the fascist government that was oppressing the people,”
Peak added.<br><br>
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.<br><br>
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?”<br><br>
“He said there might be a possibility,” Peak replied.<br><br>
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.<br><br>
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.<br><br>
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:<br><br>
<b>Herzog</b>: “Were you reminded what would happen if you
didn’t testify”<br><br>
<b>Peak</b>: “Yes.”<br><br>
<b>Herzog</b>: “Then you’re doing what they want you to do, aren’t
you?”<br><br>
<b>Peak</b>: “Yes.”<br><br>
Questioned by Herzog, Peak said his older sister Theresa asked him why he
did it, and he replied, “Because I wanted to.”<br><br>
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.<br><br>
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.<br><br>
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.<br><br>
Duane Peak would return to the witness stand for a third day of testimony
on Wednesday, forty years ago.<br><br>
<b>To view all of the Omaha Two story articles click
<a href="http://www.examiner.com/omaha-two-story-in-national">HERE<br><br>
</a></b><i>Permission granted to reprint<br><br>
</i>Michael Richardson<br>
COINTELPRPO Examiner<br>
Examiner.com<br><br>
<br>
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