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12
Q: When did you formulate the decision in your mind to get Duane to cooperate with the Police? To expose
what he knew?
A: Well- I had indicated that on the television a number of times, you know, for his safety, I think I
mentioned that on television; that I wished he would give up in order, you know, for his own safety.
Q: How did you acquire this being on the television and radio -- that is, these broadcasts; who suggested
that you do this?
A: Now, I don't recall just who asked me to do this...
Q: Were these police officers?
A: Seems like it was...I don't recall just who it was.
Q: Did it occur to you, or did anybody advise you that if Duane would cooperate that he could possibly
incriminate himself with certain statements?
A: No. No.
Q: No one advised you of his right to demand his right under the Fifth Amendment of the Constitution of the
United States, to remain silent and not talk to anybody?
A: No.
Q: You were not concerned so much with his Constitutional rights as you were in his trying to obtain for
himself a position of truth, of disgorging what he knew, or telling what he knew, about the killing of Officer
Minard?
A: That was my hope; that he would be able to do that; and in fact it's still my position on the matter;
whatever he knows about it, and to what extent he might be involved, just simply tell it as he know and he
understands.
Q: Did you tell Duane that you had [hired] an attorney for him?
A: No. Duane didn't know until Mr. Carey walked in.
Q: Did [Attorney] Tom Carey ever tell you what he talked to Duane Peak about out of your presence, what
the conversation was about?
A: ...the first time when Mr. Carey came in Duane and I was in the interrogation room alone, and Mr. Tom
Carey came in after we had been in there for some time, and then we talked together with Duane, and this
is when I said Duane seemed to be reluctant to, you know, just tell what he know,and Mr. Carey asked me
to go out, and he wanted to talk with Duane alone, and then when I came back, this is what he said; he
said, "Well, there isn't any need for us to talk longer, because I have told Duane it would be in his best
interests to just tell what he knew about it," and this was it.
Q: When were you advised that a compact, agreement, or other arrangement was made with the County
Attorney's office in behalf of Duane?
Mr. O'Leary: I am going to object to the form of the question. Ask if there was a compact.
A: There wasn't any made, as I know of.
Q: Do you know as of this day that there is a compact?
A: I don't know to this day.
Q: ...if hypothetically, [Attorney Tom Carey] made certain promises, agreements, compacts,
confederations with the prosecutor's office, the Douglas County Attorney's office, this would be within the
scope of his employment?
A: I would say so.
Q: Have you discussed the consequences of Duane Peak testifying for the State of Nebraska against
David Rice and Edward Poindexter with Sergeant Foxall?
A: Well, not in that regard; outside a while ago there that I announced this, that whatever he knew about it,
to just tell it like it was.
Q: Did Mr. Carey ever tell you that there was perhaps a conflict between your relationship to Duane Peak
and the relationship that Duane Peak might have so far as his own personal rights to live were concerned?
A: A conflict between Duane and myself?
Q: Yes.
A: Well, no more than his ideas, his philosophy, I would say.
Q: And that you would infer that you were an agent of the Omaha Police Department?
A: That I was?
Q: Yes.
A: No. No.
Q: I have no more questions.
Although the state denies it, it seems as though a deal was made to reduce the charges against Duane Peak if he
agreed to incriminate Mondo and Ed. In the 1978 Washington Post article, "Are These America's Political
Prisoners?" it says the following:
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