This afternoon, the Public Defenders office called to inform us that the 8th Circuit Court of Appeals has sent Marc's case back to Judge Battey. The US Attorney has asked for another hearing.

Judge Battey has issued an order to the US Mashall's office to return Marc from the federal prison in Texas to Pennington County jail in Rapid City, SD. The Public Defenders' office said that Marc will be back here in a couple of weeks.

Judge Battey has also set a detention hearing for May 4th at which time he will determine if Marc should remain incarcerated until his next trial. A Hearing date has been scheduled for May 18th. This is a new jury trial on Marc's shooting the pickup truck that was used to run him over and was driven by a federal employee. Marc was acquitted of the first charge by reason of self-defense.

Marc was previously tried in Oglala Sioux Tribal Court for Depridation of Government Property and the charges were dismissed. This is not a federal major crime and we consider that Marc has already been tried twice and this is a violation of his civil and human rights.

Marc has now been incarcerated for fourteen and a half months.

Submitted by Charmaine White Face (Marc's mother)