Leonard Peltier, Political Prisoner

Abs and I were chatting this afternoon, and I mentioned the Leonard Peltier case to her, and she had never heard of it. After we talked some more, she suggested I post some info here for those unfamiliar with the case. I know we have a good many young'uns here right now, some that weren't even born when this happened, and if getting the information out helps in some small way to correct an injustice, that that's a good thing. Mandela was released when the public became aware of the situation - I hope that Leonard Peltier could be released as well

The Case

• Leonard Peltier is an imprisoned Native American considered by Amnesty International, the Southern Christian Leadership Conference, National Congress of American Indians, the Robert F. Kennedy Memorial Center for Human Rights, Archbishop Desmond Tutu and Rev. Jesse Jackson, amongst many others, to be a political prisoner who should be immediately released.

• Leonard Peltier was convicted for the deaths of two FBI agents who died during a 1975 shoot-out on the Pine Ridge Indian Reservation. Mr. Peltier has been in prison for 27 years.

• The Wounded Knee occupation of 1973 marked the beginning of a three-year period of heightened political violence on the Pine Ridge Indian Reservation. The tribal chairman hired vigilantes, self titled as "GOONS," to rid the reservation of American Indian Movement (AIM) activity and sentiment. More than 60 traditional tribal members and AIM members were murdered and scores more were assaulted. Evidence indicated GOON responsibility in the majority of crimes but despite a large FBI presence, nothing was done to stop the violence. The FBI supplied the GOONS with intelligence on AIM members and looked away as GOONS committed crimes. One former GOON member reported that the FBI supplied him with armor piercing ammunition.

• Leonard Peltier was a talented AIM organizer in the Northwest and was asked by traditional people at Pine Ridge, South Dakota to go to Pine Ridge to support and protect the people being targeted for violence. Mr. Peltier and a small group of young AIM members set up camp on a ranch owned by the traditional Jumping Bull family.

• On June 26, 1975 two FBI agents in unmarked cars followed a pickup onto the Jumping Bull ranch. The families immediately became alarmed and feared an attack. Shots were heard and a shoot-out erupted. More than 150 agents, GOON's, and law enforcement surrounded the ranch.

• When the shoot-out ended the two FBI agents and one Native American lay dead. The agents were injured in the shoot-out and were then shot at close range. The Native American, Joseph Stuntz, was shot in the head by a sniper bullet. Mr. Stuntz's death has never been investigated.

• According to FBI documents, more than 40 Native Americans participated in the gunfight, but only AIM members Bob Robideau, Darrell Butler, and Leonard Peltier were brought to trial.

• Mr. Robideau and Mr. Butler were arrested first and went to trial. A federal jury in Iowa acquitted them on grounds of self-defense, finding that their participation in the shoot-out was justified given the climate of fear that existed. Further, they could not be tied to the close range shootings.

• Leonard Peltier was arrested in Canada. The U.S. presented the Canadian court with affidavits signed by Myrtle Poor Bear who said she was Mr. Peltier's girlfriend and she saw him shoot the agents. In fact Ms. Poor Bear had never met Mr. Peltier and was not present during the shoot-out. Soon after, Ms. Poor Bear recanted her statements and said the FBI terrorized her and coerced her into signing the affidavits.

Here's where it really starts to stink:

• Mr. Peltier was returned to the U.S. where his case was mysteriously transferred from the judge who tried his co-defendants to a more conservative federal judge in North Dakota. Key witnesses like Myrtle Poor Bear were not allowed to testify and unlike the Robideau/Butler trial in Iowa, evidence regarding violence on Pine Ridge was severely restricted.

• An FBI agent who had previously testified that the agents followed a pickup truck onto the scene, a vehicle that could not be tied to Mr. Peltier, changed his account, stating that the agents had followed a red and white van onto the scene, a vehicle which Mr. Peltier drove on occasion.

• Three teenaged Native witnesses testified against Mr. Peltier, all admitting later that the FBI terrorized them and forced them to testify. Still, not one witness identified Mr. Peltier as the shooter.

• The U.S. Attorney prosecuting the case emphatically stated that they had given the defense all FBI documents. To the contrary, more than 18,000 had been withheld in their entirety.

• An FBI ballistics expert testified that a casing found near the agents' bodies matched the gun tied to Mr. Peltier. However, a ballistic test proving that the casing did not come from the gun tied to Mr. Peltier was intentionally concealed.

• The jury, unaware of the aforementioned facts, sentenced Mr. Peltier to two consecutive life terms.

• Following the discovery of new evidence obtained through a Freedom of Information Act lawsuit, Mr. Peltier demanded a new trial. The Eighth Circuit ruled, "There is a possibility that the jury would have acquitted Leonard Peltier had the records and data improperly withheld from the defense been available to him in order to better exploit and reinforce the inconsistencies casting strong doubts upon the government's case." Yet, the court denied Mr. Peltier a new trial.

• During oral arguments, the U.S. Prosecutor conceded that the government does not know who shot the agents, stating that Mr. Peltier is equally guilty whether he shot the agents at point blank range, or participated in the shoot-out from a distance. Mr. Peltier's co-defendants participated in the shoot-out from a distance, but were acquitted.

• Judge Heaney, who authored the decision denying a new trial, has since voiced firm support for Mr. Peltier's release, stating that the FBI used improper tactics to convict Mr. Peltier, the FBI was equally responsible for the shoot-out, and that Mr. Peltier's release would promote healing with Native Americans.

• Mr. Peltier has served 27 years in prison and is long overdue for parole. He has received several human rights awards for his good deeds from behind bars which include annual gift drives for the children of Pine Ridge, fund raisers for battered women's shelters and donations of his paintings to Native American recovery programs. However, the parole commission will not release him unless he admits to a crime he did not commit.

• Recently, Mr. Peltier's attorneys filed a new round of Freedom of Information Act requests with FBI Headquarters and various FBI field offices in an attempt to secure the release of additional documents concerning Mr. Peltier. Although the FBI has engaged in a number of dilatory tactics in order to avoid the processing of these requests, 30,000 additional FOIA documents were released in June 2002. Previously, according to the FBI, more than 6,000 full documents remain undisclosed. The 30,000 documents released in 2002 reveal the FBI's prior estimate to be a significant undercount of actual documents still withheld. Currently, FOIA requests submitted to 30 FBI field offices around the country are pending. Similar FOIA requests have been submitted to the CIA. More dilatory responses following the recent requests have resulted in FOIA Complaints filed by Peltier's attorneys against the FBI, CIA and the Executive Office of United States Attorneys.

• The FBI has disseminated false and inflammatory statements to members of the U.S. Congress, the Department of Justice, the White House, and the public, thus denying Mr. Peltier his right to fair clemency and parole reviews and Congressional oversight. Despite repeated calls for Congressional hearings by the U.S. Civil Rights Commission, Amnesty International, and individual members of Congress, no Congressional committee has yet had the courage to provide a forum by which to air the truth and bring closure to this case.

Mr. Peltier suffers from diabetes, high blood pressure, and a heart condition. Time for justice is short.

There is still an ongoing effort to free Mr. Peltier - full details here.

A very sad and interesting case of misjustice.

I know about this case.

To give you an idea of how much it stinks, even one of the local neo-con newspaper columnists came down in favour Mr Peltier's being released, stating the same information cloudy did.

The FBI would rather die, correction, have Mr. Peltier die, than admit they made a mistake or did something evil. Denial is the characteristic reflex of those with power in our society. From the White House to Enron to Worldcom to Wall Street to the FBI, they never, ever make a mistake.

There is an online petition that you can sign that can be accessed from the site I posted the link to above. But, I'm going to make it really easy for everyone, and post the link to the actual petition below. Please, guys...sign this, it may help.

Online petition to the Senate Subcomittee on Terrorism, Technology & Homeland Security to release the remaining FBI documents in the case of Leanard Peltier.

Some more facts:

The normal Parole Commission guideline for prisoners convicted of homicide offenses is 200+ months served. This means that Leonard should have been released from prison over one decade ago. The Commission, however, has repeatedly refused to consider setting a parole date until 2008 - when Leonard will have served almost double the normal time.

Below is a list of what he has accomplished while he has been in prison - what more could this man have accomplished if he hadn't been framed for a crime he didn't commit?:

Advocate of peaceful resolution of all issues that deal with Native Americans; always taking a non-violent approach and argued for respect for rights of others.

Has helped several prisoners rehabilitate themselves by advocating drug and alcohol free life styles while encouraging pride and knowledge in their cultures and traditions.

Has been key in getting people from different tribes, with a history of animosity, to come together in peace.

Has worked with Dr. Steward Selkin of New York (ear, nose, and throat specialist) on efforts to restructure health delivery systems on reservations. A pilot program on Rosebud was undertaken in order to document needs and requirements for delivery and care. This is known as the Leonard Peltier Health Care Reform Package, and the ultimate intent is to fundamentally alter health care delivery on reservations throughout the US. Substance abuse programs are an important part of this program.

Has worked with professor Jeffery Timmons on a job creation/job training program to stimulate reservation based economics and investments in Native American business enterprises.

Also worked with Professor Timmons on a youth entrepreneur program for reservation kids to teach them to learn how to establish and run their own businesses.

In 1992 he established a scholarship at New York University for Native American students seeking law degrees.

Instrumental in the establishment and funding of a Washington (state) Native American newspaper by and for Native young people.

Has been the sponsoring father of two children in Childreach, one in El Salvador, and the other in Guatemala.

Has worked to have prisoners’ artwork displayed around the country and the world in art galleries in hopes of starting art programs for prisoners and increasing their self-confidence.

Has sponsored several clothing and toy drives for reservations.

Distributes to Head Start and halfway houses, as well as women’s centers.

Every year he has sponsored a Christmas gift drive for the children of Pine Ridge, SD. Organized and emergency food drive for the people of Pohlo, Mexico in response to the Acteal Massacre.

Serves on the board of the Rosenberg Fund for Children.

Donates his artwork to several human rights and social welfare organizations in order to help them raise funds. This most recently includes the ACLU, Trail of Hope (a Native American conference dealing with drug and alcohol addiction), World Peace and Prayer Day, the First Nation Student Association, and the Buffalo Trust Fund.

By donating his paintings to the Leonard Peltier Charitable Foundation, he was able to supply computers and educational supplies such as books and encyclopedias to libraries and families on Pine Ridge.

By donating his paintings to the LPCF, he was also able to raise substantial supplies for the people of Pine Ridge after last year’s devastating tornado hit and caused a multitude of damage on the reservation.

He has been widely recognized for his efforts and has won several human rights awards, including the North Star Frederick Douglas Award, Humanist of the Year Award, and the International Human Rights Prize.

The following is taken from "Indians Are Us? Culture and Genocide in Native North America, pp. 198-205:

AIM Casualties on Pine Ridge, 1973-1976

4.17.73-Frank Clearwater-AIM member killed by heavy machine gun round at Wounded Knee. No investigation.

4.23.73-Between eight and twelve individuals (names unknown) packing supplies into wounded Knee were intercepted by Goons [Guardians of the Oglala Nation] and vigilantes. None were ever heard from again. Former Rosebud Tribal President Robert Burnette and U.S. Justice Department Solicitor General Kent Frizzell conducted unsuccessful search for a mass grave after Wounded Knee siege. No further investigation.

4.27.73-Buddy Lamont-AIM member hit by M16 fire at Wounded Knee, Bled to death while pinned down by fire. No investigation.

6.19.73-Clarence Cross-AIM supporter shot to death in ambush by Goons. Although assailants were identified by eyewitnesses, brother Vernal Cross-wounded in ambush-was briefly charged with crime. No further investigation.

4.14.73-Priscilla White Plume-AIM supporter killed at Manderson by Goons. No investigation.

7.30.73-Julius Bad Heart Bull-AIM supporter killed at Oglala AIM supporter killed at Oglala by "person or persons unknown." No investigation.

9.22.73-Melvin Spider-AIM member killed Porcupine, South Dakota. No investigation.

9.23.73-Philip Black Elk-AIM supporter killed when his house exploded. No investigation.

10.5.73-Aloysius Long Soldier-AIM member killed at Kyle, S.D. by Goons.No investigation.

10.10.73-Phillip Little Crow-AIM supporter beaten to death by Goons at Pine Ridge. No investigation.

10.17.73-Pedro Bissonette-Oglala Sioux Civil Rights Organization (OSCRO) organizer and AIM supporter assassinated by BIA Police/Goons. Body removed from Pine Ridge jurisdiction prior to autopsy by government contract coroner. No investigation.

11.20.73-Allison Fast Horse-AIM supporter shot to death near Pine Ridge by "unknown assailants." No investigation.

1.17.74-Edward Means, Jr.-AIM member found dead in Pine Ridge alley, beaten. No investigation.

2.27.74-Edward Standing Soldier-AIM member killed near Pine Ridge by "party r parties unknown." No investigation.

4.19.74-Roxeine Roark-AIM supporter killed at Porcupine by "unknown assailants." Investigation open, still "pending."

9.7.74-Dennis LeCompte-AIM member killed at Pine Ridge by Goons. No investigation.

9.11.74-Jackson Washinton Cutt-AIM member killed at Parmalee by "unknown individuals." Investigation still "ongoing."

9.16.74-Robert Reddy-AIM member killed at Kyle by gunshot. No investigation.

11.16.74-Delphine Crow Dog-sister of AIM spiritual leader Leonard Crow Dog. Beaten by BIA police and left lying in a field. Died from "exposure." No investigation.

11.20.74-Elaine Wagner-AIM supporter killed at Pine Ridge by "person or persons unknown." No investigation.

12.25.75-Floyd S. Binais-AIM supporter killed at Pine Ridge by Goons. No investigation.

12.28.74-Yvette Loraine Lone Hill-AIM supporter killed at Kyle by "unknown party or parties." No investigation.

1.5.75-Leon L. Swift Bird-AIM member killed at Pine Ridge by Goons. Investigation still "ongoing."

3.1.75-Martin Montileaux-killed in a Scenic, S.D. bar. AIM leader Richard Marshall later framed for his murder. Russell Means also charged and acquitted.

3.20.75-Stacy Cotter-shot to death in an ambush at Manderson. No investigation.

3.21.75-Edith Eagle Hawk and her two children-AIM supporter killed in an automobile accident after being run off the run by a white vigilante, Albert Coomes. Coomes was also killed in the accident. Goon Mark Clifford identified as having also been in the Coomes car, escaped. Investigation closed without questioning Clifford.

3.27.75-Jeanette Bissonette-AIM supporter killed by sniper at Pine Ridge. Unsuccessful attempt to link AIM members to murder; no other investigation.

3.30.75-Richard Eagle-grandson of AIM supporter Gladys Bissonette killed while playing with loaded gun kept in the house as protection from Goon attacks.

4.4.75-Hilda R. Good Buffalo-AIM supporter stabbed to death at Pine Ridge by Goons. No investigation.

4.4.75-Jancita Eagle Deer-AIM member beaten and run over with automobile. Last seen in the company of provocateur Douglass Durham. No investigation.

5.20.75-Ben Sitting Up-AIM member killed at Wanblee by "unknown assailants." No investigation.

6.1.75-Kenneth Little-AIM supporter killed at Pine Ridge by Goons. Investigation still "pending."

6.15.75-Leah Spotted Elk-AIM supporter at Pine Ridge by Goons. No investigation.

6.26.75-Joseph Stuntz Killsright-AIM member killed by FBI sniper during Oglala firefight. No investigation.

7.12.75-James Briggs Yellow-heart attack caused by FBI air assault on his home. No investigation.

7.25.75-Andrew Paul Stewart-nephew of AIM spiritual leader Leonard Crow Dog, killed by Goons on Pine Ridge. No investigation.

8.25.75-Randy Hunter-AIM supporter killed at Kyle by "party or parties unknown." Investigation still "ongoing."

9.9.75-Howard Blue Bird-AIM supporter killed at Pine Ridge by Goons. No investigation.

9.10.75-Jim Little-AIM stomped to death by Goons in Oglala. No investigation.

10.26.75-Olivia Binais-AIM supporter killed in Porcupine by "person or persons unknown." Investigation still "open."

10.26.75-Janice Black Bear-AIM supporter killed at Manderson by Goons. No investigation.

10.27.75-Michelle Tobacco-AIM supporter killed at Pine Ridge by "unknown persons." No investigation.

12.6.75-Carl Plenty Arrows,Sr.-AIM supporter killed at Pine Ridge by "unknown persons." No investigation.

12.6.75-Frank LaPointe-AIM supporter killed at Pine Ridge by Goons. No investigation.

2.76-Anna Mae Pictou Aquash-AIM organizer assassinated on Pine Ridge.. FBI involved in attempt to conceal cause of death. Ongoing attempt to establish "AIM involvement" in murder. Key FBI personnel never deposed. Coroner never deposed. [depose-to remove from power...to testify or bear witness, especially on oath in court]

1.5.76-Lydia Cut Grass-AIM member killed at Wounded Knee by Goons. No investigation.

1.30.76-Byron DeSersa-OSCRO organizer and AIM supporter assassinated by Goons in Wanblee. Arrests by local authorities resulted in two Goons-Dale Janis and Charlie Winters-serving two years of five year sentences for "manslaughter." Charges dropped against two Goon leaders, Manny Wilson and Chuck Richards, on the basis of "self-defense" despite DeSersa having been unarmed when shot to death.

2.6.76-Lena R. Slow Bear-AIM supporter killed at Oglala by Goons. No investigation.

3.1.76-Hobart Horse-AIM member beaten, shot, and repeatedly run over with automobile at Sharp's Corners. No investigation.

3.26.76-Cleveland Reddest-AIM member killed at Kyle by "person or persons unknown." No investigation.

4.28.76-Betty Jo Dubray-AIM supporter beaten to death at Martin, S.D. No investigation.

5.6.76-Marvin Two Two-Aim supporter shot to death at Pine Ridge. No investigation.

5.9.76-Juia Pretty Hips-AIM supporter killed at Pine Ridge by "unknown assailants." No investigation.

5.24.76-Sam Afraid of Bear-AIM supporter shot to death at Pine Ridge. Investigation "ongoing."

6.4.76-Kevin Hill-AIM supporter killed at Oglala by "party or parties unknown." Investigation "still open."

7.3.76-Betty Means-AIM member killed at Pine Ridge by Goons. No investigation.

7.31.76-Sandra Wounded Foot-AIM supporter killed at Sharp's Corners by "unknown assailants." No investigation.

Yes, folks, I understand this is old news, and for some of you, it was way before you were even born. The fact remains that if this happened once, it can happen again, and meanwhile Leonard Peltier sits in prison.

cloudy said:

The fact remains that if this happened once, it can happen again, and meanwhile Leonard Peltier sits in prison.

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It never ceases to amaze and distress me that Peltier is still imprisoned. At this point, my best guess would be that to let him out would be opening themselves up for a bitch of a wrongful imprisonment suit. Cynical, I know, but I cannot for the life of me think of any other rationalization.

minsue said:

It never ceases to amaze and distress me that Peltier is still imprisoned. At this point, my best guess would be that to let him out would be opening themselves up for a bitch of a wrongful imprisonment suit. Cynical, I know, but I cannot for the life of me think of any other rationalization.

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The thing that really gets to me, besides the obvious, of course, is that if he had confessed to it, whether he'd actually done it or not, he would have been parolled at least 10 years ago.

It's absolutely appalling that a man that has done so much good, through AIM and since he's been in prison, is still rotting there. He was even nominated for the Nobel Peace Prize last year.

Unbelievable.

What if he did it?

Joe Wordsworth said:

What if he did it?

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He didn't, Joe, and the FBI knows he didn't. Grow up.

This is probably one of the more moving things I've read in awhile. It may not resonate as deeply for some as it does for others, but it's such a personal thing for him to have written.

THE TIME HAS COME for me to set forth
in words my personal testament --
not because I'm planning to die,
but because I'm planning to live.

This is the twenty-third year of my imprisonment
for a crime I didn't commit.
I'm now fifty-four years old.
I've been in here since I was thirty-one.
I've been told I have to live out two life-time sentences
plus seven years before I get out of prison in the year 2041.
By then I'll be ninety-seven.
I don't think I'll make it.

My life is an extended agony.
I feel like I've lived a hundred life-times in prison already.
But, I'm prepared to live thousands more on behalf of my people.
If my imprisonment does nothing
more than educate an unknowing and uncaring public
about the terrible conditions Indian
people continue to endure, then my suffering has had --
and continues to have -- a purpose.
My people's struggle to survive inspires my own struggle to survive.
Each of us must be a survivor.

I ACKNOWLEDGE my inadequacies as a spokesman,
my many imperfections as a human being.
And yet, as the Elders taught me, speaking out is my
first duty, my first obligation to myself and to my people.
To speak your mind and heart is the Indian Way.
In the Indian Way,
the political and the spiritual are one and the same.
You can't believe one thing and do another.
What you believe and what you do are the same thing.
In the Indian Way, if you see your
people suffering, helping them is an absolute necessity.
It's not a social act of charity or
welfare assistance; it's a spiritual act, a holy deed.

I HAVE NO APOLOGIES, ONLY SORROW.
I can't apologize for what I haven't done.
But I can grieve, and I do.
Every day, every hour, I grieve for those who died at the Oglala firefight
in 1975 and for their families -- for the families of FBI agents
Jack Coler and Ronald Williams and, yes, for the family of Joe Killright Stuntz -- a 21-year old brave-hearted Indian whose death from a bullet at Oglala that same day, like the deaths of hundreds of other Indians at Pine Ridge at that terrible time, has never been investigated. My heart aches in remembering the
suffering and fear under which so many of my people were forced to live at that time, the very suffering and fear that brought me and the others to Oglala that day -- to defend the defenseless.

And I'm filled with an aching sorrow, too, for the loss to my own family because, in a very real way, I also died that day. I died to my family, to my
children, to my grandchildren, to myself. I've lived out my own death for nearly a quarter of a century now.

Those who put me here and keep me here knowing of my innocence can take grim satisfaction in their sure reward, which is being who and what they are.
That's as terrible a reward as any I could imagine.

I know who and what I am. I am an Indian --
an Indian who dared to stand up to defend his people.
I am an innocent man who never murdered anyone
nor ever wanted to.
And, yes, I am a Sun Dancer.
That, too, is my identity. If I am to suffer as a
symbol of my people, then I suffer proudly.
I will never yield.

IF YOU, THE LOVED ONES of the agents who died at the Jumping Bull property that day, get some salve of satisfaction out of my being here, then at
least I can give you that, even though innocent of their blood. I feel your loss as my own. Like you, I suffer that loss every day, every hour. And so does my family. We know that inconsolable grief. We Indians are born, live and die with inconsolable grief. We've shared our common grief for twenty-three years now, your families and mine, so how can we possible be enemies anymore? Maybe it's with you and with us that the healing can start. You, the agents' families, certainly weren't at fault that day in 1975, any more than my family was, and yet you and they have suffered as much as, even more than, anyone there. It seems it's always the innocent who pay the highest price for injustice. It's seemed that way all my life.

To the still grieving Coler and Williams' families, I send my prayers if you will have them. I hope you will. They are the prayers of an entire people, not
just my own. We have many dead of our own to pray for, and we join our prayers of sorrow to yours. Let our common grief be our bond. I state to you absolutely that, if I could possibly have prevented what happened that day, your menfolk would not have died. I would have died myself before knowingly permitting what happened to happen. And I certainly never pulled the trigger that did it. May the Creator strike me dead this moment if I lie. I cannot see how my being here, torn from my own grandchildren, can possible mend your loss. I swear to you, I am guilty only of being an Indian.
That's why I'm here.

Being who I am, being who you are -- that's Aboriginal Sin.

ABORIGINAL SIN

We each begin in innocence.
We all become guilty.
In this life you find yourself guilty of being who you are.
Being yourself, that's Aboriginal Sin,
the worst sin of all.
That's a sin you'll never be forgiven for.

We Indians are all guilty,
guilty of being ourselves.
We're taught that guilt from the day we're born.
We learn it well.

To each of my brothers and each of my sisters,
I say, be proud of that guilt.
You are guilty only of being innocent,
of being yourselves,
of being Indian,
of being human.

Your guilt makes you holy.

NO DOUBT, MY NAME will soon be
among the list of our Indian dead.
At least I'll have good company --
for no finer, kinder, braver, wiser, worthier men
and women have ever walked
this Earth than those who have already died for being Indian.

Our dead keep coming at us, a long, long line of dead,
ever-growing, never-ending.
To list all their names would be impossible,
for the great majority died unknown, unacknowledged.
Yes, the roll call of our Indian dead needs to be cried out,
to be shouted from every hilltop in order
to shatter the terrible silence that tries to erase the fact
that we ever existed.

I would like to see a redstone wall like the blackstone
wall of the Vietnam War Memorial.
Yes, right there on the Mall in Washington, D.C.
And on that redstone wall-pigmented with the
living blood of our people (and I would happily be the first to
donate that blood)--would be the
names of all the Indians who ever died for being Indian.
It would be dozens of times longer
than the Vietnam Memorial, which celebrates the deaths
of fewer than 60,000 brave lost souls.
The number of our brave lost souls reaches into the many
millions, and every one of them remains unquiet until this day.

Yes, the voices of Sitting Bull and Crazy Horse,
of Buddy Lamont and Frank Clearwater, of Joe Stuntz
and Dallas Thundershield, of Wesley Bad Heart Bull
and Raymond Yellow Thunder, of Bobby Garcia
and Anna Mae Aquash...those and so, so many others.
Their stilled voices cry out at us and demand to be heard.

PEOPLE OFTEN ASK ME what my position is,
or was, in AIM--the
American Indian Movement.
That requires an explanation.

AIM is not an organization.
AIM, as its name clearly says, is a movement.
Within that movement organizations come and go.
No one person or special
group of people runs AIM.
Don't confuse AIM with any particular individual
or individuals who march under its banner,
however worthy or unworthy they may be.
AIM is the People.
AIM will be there when every
one of us living today is gone.
AIM will raise new leaders in every generation.
Crazy Horse belonged to AIM. Sitting Bull belonged to AIM.
They belong to us still, and we belong to them.
There are no followers in AIM.
We are all leaders.
We are each an army of one, working for
the survival of our people and of the Earth, our Mother.
This isn't rhetoric.
This is commitment.
This is who we are.

Yes, we can each be an army of one.
One good man or one good woman can change the
world, can push back the evil, and their work
can be a beacon for millions, for billions.
Are you that man or woman?
If so, may the Great Spirit bless you.
If not, why not?
We must each of us be that person.
That will transform the world overnight.
That would be a miracle, yes,
but a miracle within our power, our healing power.

MY LEGAL APPEALS for a new trial will continue.
We also continue to seek parole or Presidential clemency.
In late 1993, and again in 1998, the U.S.
Parole Commission rejected my appeal for parole,
telling me to apply again in the year 2008.
The simple act of changing my "consecutive"
life-sentences to "concurrent" life-sentences-a change of one word-
would give me my freedom and return to me at least
a part of my life, if only my old age.
I pray the Parole Commission will make that one-word change.

My appeals attorney, former U.S. Attorney General Ramsey Clark,
submitted in November 1993 a formal application
for executive clemency from President Clinton,
meaning not a pardon but a Presidential order giving me
simple release from prison for "time served."
This, apparently, is my best hope for freedom.
The request was turned over for review to the
Department of Justice, which must make a formal recommendation
to the President after reviewing my case.

Nearly five imprisoned years later, I still await that
recommendation. I pray hard it will come
soon. I pray an eagle will fly off the flagstaff in the
President's Oval Office and at last deliver
that long-delayed recommendation from the Attorney General's
desk to the President's desk.
And while the President sits there considering this innocent
Indian man's appeal for clemency,
I pray that that eagle will stand there on his desk,
stare into his eyes, and join its cry to the cry
of the millions of people around the world who have written to
the President, appealing for my release.
With all my heart I personally appeal to him for his
consideration and for his compassion.

I am an Indian man.
My only desire is to live like one.

In the Spirit of Crazy Horse
[signed] LEONARD PELTIER

cloudy said:

He didn't, Joe, and the FBI knows he didn't. Grow up.

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edited

I was just curious. How about you maybe you grow up--not take curiosity so damn personally.

Joe Wordsworth said:

edited

I was just curious. How about you maybe you grow up--not take curiosity so damn personally.

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Dranoel said:

Poor dumb bastard.​

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Don't be so hard on yourself.

Joe Wordsworth said:

edited

I was just curious. How about you maybe you grow up--not take curiosity so damn personally.

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Okay, maybe I was a little hasty in my answer to you, but I take this VERY personally. There but for the grace of god, and all that. The only reason he's in prison now is because he was a very strong personality in the AIM leadership, and the FBI had an agenda, pure and simple. It may not be something personal to you, but it should be.

So, let's look at it logically, shall we?

The U.S. Attorney prosecuting the case emphatically stated that they had given the defense all FBI documents. To the contrary, more than 18,000 had been withheld in their entirety.

Why would they deliberately withold documents, unless they were revealing of either Mr. Peltier's innocence, or evidence of the FBI's wrongdoing? His defense still doesn't have all of them.

An FBI ballistics expert testified that a casing found near the agents' bodies matched the gun tied to Mr. Peltier. However, a ballistic test proving that the casing did not come from the gun tied to Mr. Peltier was intentionally concealed.

Sure sounds like they're lying through their teeth just to convict him, guilty or not, doesn't it?

Following the discovery of new evidence obtained through a Freedom of Information Act lawsuit, Mr. Peltier demanded a new trial. The Eighth Circuit ruled, "There is a possibility that the jury would have acquitted Leonard Peltier had the records and data improperly withheld from the defense been available to him in order to better exploit and reinforce the inconsistencies casting strong doubts upon the government's case." Yet, the court denied Mr. Peltier a new trial.

Again, why hasn't he had a new trial? If the court itself says that he would have been acquitted, why is he still in prison?

During oral arguments, the U.S. Prosecutor conceded that the government does not know who shot the agents

'nuff said.

the FBI used improper tactics to convict Mr. Peltier, the FBI was equally responsible for the shoot-out.

Why aren't all those deaths that lead up to the shoot out with the FBI being investigated? Most of them haven't been at all. This is where I start taking it really personal. Why are the lives of those two FBI agents worth an innocent man spending basically his entire life in prison, but the deaths of the natives that were slaughtered, some of them women and just children, aren't even worth investigating? Answer me that, if you can.

The normal Parole Commission guideline for prisoners convicted of homicide offenses is 200+ months served. This means that Leonard should have been released from prison over one decade ago. The Commission, however, has repeatedly refused to consider setting a parole date until 2008 - when Leonard will have served almost double the normal time.

Explain this one to me, Joe. I'm not trying to be a smart ass, but anyone else would have been out of prison a long, long time ago.

cloudy said:

Okay, maybe I was a little hasty in my answer to you, but I take this VERY personally. There but for the grace of god, and all that. The only reason he's in prison now is because he was a very strong personality in the AIM leadership, and the FBI had an agenda, pure and simple. It may not be something personal to you, but it should be.

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I take all things involving my government seriously--but not necessarily personally. I reserve that for things involving me.

So, let's look at it logically, shall we?

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I'm down. My lawyer and I talk stuff like this a lot--I'm totally fascinated by the law. Let's do this thang.

The U.S. Attorney prosecuting the case emphatically stated that they had given the defense all FBI documents. To the contrary, more than 18,000 had been withheld in their entirety.

Why would they deliberately withold documents, unless they were revealing of either Mr. Peltier's innocence, or evidence of the FBI's wrongdoing? His defense still doesn't have all of them.

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Let's see... possibly the documents were a matter of relavence--it would still be riding the line of ethics to not turn them over, but if a judge finds (or found) that that evidence was not relavent or had no bearing on the outcome (if we're talking after the fact), then it's not really a problem. It doesn't necessarily mean those pages contain his innocence--they could contain nothing relavent.

An FBI ballistics expert testified that a casing found near the agents' bodies matched the gun tied to Mr. Peltier. However, a ballistic test proving that the casing did not come from the gun tied to Mr. Peltier was intentionally concealed.

Sure sounds like they're lying through their teeth just to convict him, guilty or not, doesn't it?

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So, there's an expert (would have had to have referred to a test) that says that a casing matches and a test that says it doesn't. Sounds like a conflict, sure. But no, it doesn't necessarily sound like a conspiracy--taking just this part. What you've put forward is a contradiction in the two tests (taking them together), I think more information about the tests are needed before we can say who is lying. That's fair, isn't it?

Following the discovery of new evidence obtained through a Freedom of Information Act lawsuit, Mr. Peltier demanded a new trial. The Eighth Circuit ruled, "There is a possibility that the jury would have acquitted Leonard Peltier had the records and data improperly withheld from the defense been available to him in order to better exploit and reinforce the inconsistencies casting strong doubts upon the government's case." Yet, the court denied Mr. Peltier a new trial.

Again, why hasn't he had a new trial? If the court itself says that he would have been acquitted, why is he still in prison?

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Is this the same information as the 18000 pages? Or different information? If the court ruled that there is a possibility that a jury would have ruled differently, then sure... I think a new trial would be excellent. We have a quote from the Eighth Circuit explaining the new evidence and the possibilities surrounding it (see, this is why I think more people should get off their "I'm right and don't need logic and everyone knows something is right so possibility is stupid and lookit me being a cock" high horse and respect a little logic. The word "possibility" here could save a man's life.)... but do we have the statement about the denial of a new trial. There had to have been a reason given (an official statement is required by the state). I'd be curious as to what it says.

During oral arguments, the U.S. Prosecutor conceded that the government does not know who shot the agents

'nuff said.

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That's strange. What did the brief say, and what was the line of questioning from the judge such that the prosecution could have answered with that? The oral argument is just the less-formal judge's shot at picking apart the case--what was the context of the concession... very important point. I'd be very curious as to what was asked.

the FBI used improper tactics to convict Mr. Peltier, the FBI was equally responsible for the shoot-out.

Why aren't all those deaths that lead up to the shoot out with the FBI being investigated? Most of them haven't been at all. This is where I start taking it really personal. Why are the lives of those two FBI agents worth an innocent man spending basically his entire life in prison, but the deaths of the natives that were slaughtered, some of them women and just children, aren't even worth investigating? Answer me that, if you can.

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Were they worth no investigation? Were they absolutely ignored by the government?

The normal Parole Commission guideline for prisoners convicted of homicide offenses is 200+ months served. This means that Leonard should have been released from prison over one decade ago. The Commission, however, has repeatedly refused to consider setting a parole date until 2008 - when Leonard will have served almost double the normal time.

Explain this one to me, Joe. I'm not trying to be a smart ass, but anyone else would have been out of prison a long, long time ago.

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Is not the Parole Board given discretionary powers? I thought it was, my lawyer informs me that it is--but he's a corporate lawyer, not a criminal lawyer. If they have been, has there been any reason why he'd be denied Parole (or, more accurately, it seems like he's being postponed)? What's the Parole Commission's offical stance on the matter?

Joe Wordsworth said:

Let's see... possibly the documents were a matter of relavence--it would still be riding the line of ethics to not turn them over, but if a judge finds (or found) that that evidence was not relavent or had no bearing on the outcome (if we're talking after the fact), then it's not really a problem. It doesn't necessarily mean those pages contain his innocence--they could contain nothing relavent.

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The rules of disclosure say that the defense has to have everything the prosecution has. If the judge ruled they were irrelevant, then, sure, they wouldn't have been admitted as evidence, but the defense hasn't even been allowed to see them, so that lends itself to the conclusion that there is information in there that the FBI doesn't want the defense to have.

So, there's an expert (would have had to have referred to a test) that says that a casing matches and a test that says it doesn't. Sounds like a conflict, sure. But no, it doesn't necessarily sound like a conspiracy--taking just this part. What you've put forward is a contradiction in the two tests (taking them together), I think more information about the tests are needed before we can say who is lying. That's fair, isn't it?

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The prosecution suppressed the tests that said the ballistic evidence didn't match the gun that was linked to Mr. Peltier. Again, why would they fight so hard to suppress so much evidence if they were sure of his guilt?

Is this the same information as the 18000 pages? Or different information? If the court ruled that there is a possibility that a jury would have ruled differently, then sure... I think a new trial would be excellent. We have a quote from the Eighth Circuit explaining the new evidence and the possibilities surrounding it (see, this is why I think more people should get off their "I'm right and don't need logic and everyone knows something is right so possibility is stupid and lookit me being a cock" high horse and respect a little logic. The word "possibility" here could save a man's life.)... but do we have the statement about the denial of a new trial. There had to have been a reason given (an official statement is required by the state). I'd be curious as to what it says.

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I haven't read all the briefs and trial transcripts, not yet. There's a page here that has all the relevant documents for viewing, if you're interested in reading up on the case.

That's strange. What did the brief say, and what was the line of questioning from the judge such that the prosecution could have answered with that? The oral argument is just the less-formal judge's shot at picking apart the case--what was the context of the concession... very important point. I'd be very curious as to what was asked.

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I'm not sure, to be honest, but I think it was brought out during one of his appeals, but I may be wrong.

Were they worth no investigation? Were they absolutely ignored by the government?

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In the list I posted above, more have had no investigation at all than have had even a cursory investigation:

4.17.73-Frank Clearwater-AIM member killed by heavy machine gun round at Wounded Knee. No investigation.

4.27.73-Buddy Lamont-AIM member hit by M16 fire at Wounded Knee, Bled to death while pinned down by fire. No investigation.

4.14.73-Priscilla White Plume-AIM supporter killed at Manderson by Goons. No investigation.

7.30.73-Julius Bad Heart Bull-AIM supporter killed at Oglala AIM supporter killed at Oglala by "person or persons unknown." No investigation.

9.22.73-Melvin Spider-AIM member killed Porcupine, South Dakota. No investigation.

9.23.73-Philip Black Elk-AIM supporter killed when his house exploded. No investigation.

10.5.73-Aloysius Long Soldier-AIM member killed at Kyle, S.D. by Goons.No investigation.

10.10.73-Phillip Little Crow-AIM supporter beaten to death by Goons at Pine Ridge. No investigation.

10.17.73-Pedro Bissonette-Oglala Sioux Civil Rights Organization (OSCRO) organizer and AIM supporter assassinated by BIA Police/Goons. Body removed from Pine Ridge jurisdiction prior to autopsy by government contract coroner. No investigation.

11.20.73-Allison Fast Horse-AIM supporter shot to death near Pine Ridge by "unknown assailants." No investigation.

1.17.74-Edward Means, Jr.-AIM member found dead in Pine Ridge alley, beaten. No investigation.

2.27.74-Edward Standing Soldier-AIM member killed near Pine Ridge by "party r parties unknown." No investigation.

9.7.74-Dennis LeCompte-AIM member killed at Pine Ridge by Goons. No investigation.

9.16.74-Robert Reddy-AIM member killed at Kyle by gunshot. No investigation.

11.16.74-Delphine Crow Dog-sister of AIM spiritual leader Leonard Crow Dog. Beaten by BIA police and left lying in a field. Died from "exposure." No investigation.

11.20.74-Elaine Wagner-AIM supporter killed at Pine Ridge by "person or persons unknown." No investigation.

12.25.75-Floyd S. Binais-AIM supporter killed at Pine Ridge by Goons. No investigation.

12.28.74-Yvette Loraine Lone Hill-AIM supporter killed at Kyle by "unknown party or parties." No investigation.

3.20.75-Stacy Cotter-shot to death in an ambush at Manderson. No investigation.

4.4.75-Hilda R. Good Buffalo-AIM supporter stabbed to death at Pine Ridge by Goons. No investigation.

4.4.75-Jancita Eagle Deer-AIM member beaten and run over with automobile. Last seen in the company of provocateur Douglass Durham. No investigation.

5.20.75-Ben Sitting Up-AIM member killed at Wanblee by "unknown assailants." No investigation.

4.19.74-Roxeine Roark-AIM supporter killed at Porcupine by "unknown assailants." Investigation open, still "pending." (pending? It's been 30 years - it ain't gonna happen)

9.7.74-Dennis LeCompte-AIM member killed at Pine Ridge by Goons. No investigation.

9.16.74-Robert Reddy-AIM member killed at Kyle by gunshot. No investigation.

11.20.74-Elaine Wagner-AIM supporter killed at Pine Ridge by "person or persons unknown." No investigation.

12.25.75-Floyd S. Binais-AIM supporter killed at Pine Ridge by Goons. No investigation.

There's more, but I think that's enough to make my point.

Is not the Parole Board given discretionary powers? I thought it was, my lawyer informs me that it is--but he's a corporate lawyer, not a criminal lawyer. If they have been, has there been any reason why he'd be denied Parole (or, more accurately, it seems like he's being postponed)? What's the Parole Commission's offical stance on the matter?

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Yes, and that's where the breakdown has occurred. They say they won't grant him parole until he confesses. He refuses to confess to something he didn't do.

cloudy said:

The rules of disclosure say that the defense has to have everything the prosecution has. If the judge ruled they were irrelevant, then, sure, they wouldn't have been admitted as evidence, but the defense hasn't even been allowed to see them, so that lends itself to the conclusion that there is information in there that the FBI doesn't want the defense to have.

The prosecution suppressed the tests that said the ballistic evidence didn't match the gun that was linked to Mr. Peltier. Again, why would they fight so hard to suppress so much evidence if they were sure of his guilt?

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Everything the prosecution has relavent to the case, yes. So, the documents were presented as evidence? Or were left out during discovery? And while I say that it is curious and I'd be very interested to know what, specifically, happened with those documents... it doesn't conclude ("lends itself to the conclusion" is an odd term to use here, I think) that it's something the FBI--specifically--didn't want the defense to have.

How did the prosecution suppress the tests and who did them? As for why they might fight so hard to suppress evidence, it could be that they were entirely convinced of his guilt and saw confusing or cursory information as something that would confound the case. The decision of what to use and what not to use isn't a display of weakness in a case, but planning for examination.

I'm not sure, to be honest, but I think it was brought out during one of his appeals, but I may be wrong.

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That'd be good to know. I think it would give a fair bit of information to the situation.

In the list I posted above, more have had no investigation at all than have had even a cursory investigation:.....There's more, but I think that's enough to make my point.

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I wonder why there wasn't investigations? Have there been statements about it?

Yes, and that's where the breakdown has occurred. They say they won't grant him parole until he confesses. He refuses to confess to something he didn't do.

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They said they won't grant parole until he confesses?

Bit of a catch in the legal system it seems... he has been found guilty of the crime, he refuses to "own up to it". I wonder what sort of literature controls those parole decisions.

(See... none of this was all that painful, was it? Hell, I am entirely proud that "possibility" is playing such a role in the appeals process. And it seems that if he is guilty, a lot of things have to be accounted for--or if they already are accounted for, then some statement concerning their part is required)

That's your argument, Joe? Speculation and conjecture on the facts presented? "Possibly", "What if"? Did you have have any facts if your own? Do you even have a fucking clue what you are talking about?

I have yet to see you present a valid argument to anything you've ever posted here. Just once again dancing around the facts and using some vocabulary to make it look like you're saying something intelligent. Well, you're not.

I was at the point where I was reading your posts just for a good laugh, but you aren't even funny anymore. I'm done with you. Permanantly.

Dranoel said:

That's your argument, Joe? Speculation and conjecture on the facts presented? "Possibly", "What if"? Did you have have any facts if your own? Do you even have a fucking clue what you are talking about?

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As I was being asked for my speculation and conjecture on the facts presented... here's a cookie for figuring out that I was speculating and conjecting. Wooo. Go you.

I don't have an argument, per se. More like a "curiosity concerning how all these pieces fit together and a willingness to explore those possible combinations, given that someone [in this case, cloudy] knows enough about the case to offer up some of the more interesting problems". I guess that'd be more of a "brainstorm" than an "argument".

And, given that, yeah... I've got a "fucking clue" about what I'm talking about. 'Cause I'm more or less just fielding questions of "why would X" and "what about Y". Except the parole thing, not knowing much about Parole Commissions, I had to admit that I'd be curious about their policies with regard to what they've decided in this situation.

I have yet to see you present a valid argument to anything you've ever posted here. Just once again dancing around the facts and using some vocabulary to make it look like you're saying something intelligent. Well, you're not.

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Valid argument... that's an interesting way to put it. As I'm not making an argument, just giving reasons more or less, that'd be why you haven't seen a "valid" one or an "invalid" one. As the facts come in and questions about "why would these facts be as they were", I've just been fielding what reasons I can think of. Nothing wrong with that. It's actually kinda fun... kinda like thinking about the Kennedy "conspiracy" and fielding questions about the real grimy parts.

Hardly a sin or a crime.

I was at the point where I was reading your posts just for a good laugh, but you aren't even funny anymore. I'm done with you. Permanantly.

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Aww... puddin'.

Do you honestly think I am going to cry myself to sleep at night over the opinion of a "ancient dragon"/geeky-chump who hasn't got too firm a grasp on basic reasoning skills (most notably, when something is and is not an argument and needs and needs not be one). By all means. Put me on ignore, stop responding to my posts, avoid my eye contact in the bathroom, be "done with [me]", hell pout for all I care... whatever makes you feel better about yourself.

Alright. lets try a different approach...Joe, you like to pride yourself on your ability to argue things in their "fine print". However, I have also formed an impression of you in which you like to pride yourself on your moral approaches to things. That opinion is, of course, mine and only a "rough feeling", so don't debate whether or not you do have that pride. Stay on target.

"On target" is talking about this case and the question of whether or not what is happening here is right or wrong.

So fuck "the law". "The Law" is often only about itself anyways.Let's talk about justice.

Can you show me the "justice" in this case?

Everyone seems to agree this man got screwed, even the govt itself. how about at least granting him a new trial? Do you have doubts about the outcome? Let the jury decide...

Belegon said:

"On target" is talking about this case and the question of whether or not what is happening here is right or wrong.

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Agreed.

So fuck "the law". "The Law" is often only about itself anyways.Let's talk about justice. Can you show me the "justice" in this case?

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Hmmm. That's a tough one, for sure. I don't know much about the case, save for what cloudy tells me, so I'd say that what it comes down to is whether the actions taken could be put together in a cohesive manner (not even a necessarily pretty manner, just a consistent one).

Short of that, this man did not recieve justice. That would go for anyone, too (from Hitler to Mandella). That would be the very heart of justice--a fairness (or accounting of practices unfair, in such a way as to identify them as confounding events and not specifically acts of bias).

Everyone seems to agree this man got screwed, even the govt itself. how about at least granting him a new trial? Do you have doubts about the outcome? Let the jury decide...

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I think a new trial is probably a good idea. I have a great faith in the Law, specifically its ability to shape itself in the "laboritories of justice" (my lawyer's favorite quote from his law professor, back in the day, talking about what the Courts are). I think the Law may have evolved significantly enough to warrant a better look at the event. That's just my opinion, of course, I can't really back that up rationally and must admit to the necessity of my opinion changing with more information should that information be conclusive.

I have no faith in "the law" at all Joe. I see too much of what can happen in my everyday life, and I have seen the dark side of things too often to still have that faith.

Example: I happen to know from a source that I can not(i.e refuse to) name but consider to be more reliable than my own mirror that David Westerfield was using the location of Danielle Van Dam's body as a bargaining chip towards avoiding the death penalty at the time her body was discovered by search parties. However, because of "the law", he came disturbingly close to being found Not Guilty.

But I am glad you agree that this man (Peltier) has been treated unfairly.

From my end, I am saddened and disturbed by the instances in which Justice (Platonic form of perfect accountability and restitution) was not dealt... my only outlet for legal matters is my lawyer and some family members that are/used to be lawyers. The system isn't perfect, that's for sure. The instances where things slipped through the cracks or deals were made definitely happen (have they ever got some horror stories).

But, ultimately, the system works. It's not a perfect machine, but it works. It protects those who its supposed to protect and punishes those its supposed to punish with alarming efficiency and accuracy. It grows, changes, evolves. It has problems, and those problems can be met with change as the system was designed to change.

Having seen it work, I believe in it. It may well be the best of all possible systems.

The only thing I like about the american justice system is that it works a hell of a lot better than many of the alternatives.

"best possible" ? I think that depends on how we define "possible". I think there are much better systems "possible". Better than the systems in existence in many other places? Absolutely.


I think Bruno Hauptman and many others might dispute you and also disagree with me.

Belegon said:

The only thing I like about the american justice system is that it works a hell of a lot better than many of the alternatives.

"best possible" ? I think that depends on how we define "possible". I think there are much better systems "possible". Better than the systems in existence in many other places? Absolutely.


I think Bruno Hauptman and many others might dispute you and also disagree with me.

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"Best possible" would account it as a model that gets its superiority over hypothetical models in that it actually does exist (and the hypothetical ones don't). Uses "existence" as a positive qualifier. That's all.