Leonard Peltier is a Native American activist who has been imprisoned since 1977 for the
1975 shoot-out between the FBI and the American Indian Movement (AIM) in which two
federal agents and an Indian man were killed. Four years after his incarceration, a Freedom
of Information Act (FOIA) suit released documents which prove Leonard Peltier's innocence
and FBI's use of their infamous COINTELPRO program in their efforts to "neutralize"
members of the Movement.
2.What caused the firefight on June 26, 1975?
During the civil unrest of the 1960s and 1970s, the FBI created a program called
COINTELPRO or Counter Intelligence Program. This program was designed to destroy any
organization considered by the U.S. Government, FBI, or CIA to be politically or socially
dissident. By using the techniques of infiltration, bad-jacketting, forgery, and provoking
violence with and between groups and law enforcement, the FBI hoped to nullify their
progress. Those targeted included groups focused on anti-war demonstrations, Black civil
rights, Native civil rights, and equal rights for women.
The years 1973-1975 were considered the "reign of terror" on the Pine Ridge Indian
Reservation in South Dakota. The Tribal Chairman, Dick Wilson, was voted into office with
less than 20% of the vote (there were more votes to impeach him whem people voted for
him). Wilson assembled a squad of thugs who "kept peace on the reservation" and also were
the cause of hundreds of homocides and assaults. His squad, known as GOONS, (Guardians
of the Oglala Nation) was armed by the FBI.
AIM was called onto Pine Ridge by terrified elders of the Nation asking for protection. On
the day of the shootout, two agents followed a red pick up truck onto the property of Harry
and Cecelia Jumping Bull, an elderly couple who were celebrating their fiftieth wedding
anniversary. The FBI claims the agents had a warrant for the arrest of Jimmy Eagle who had
supposedly stolen a pair of used cowboy boots. The warrant never materialized. The pick up
truck stopped and three men got out. They faced the agents who had also exiled their cars.
No one knows for sure who fired first, but a firefight erupted.
The odds soon becoming 150 plus FBI agents, US Marshals, and military renegades versus
approximately 30 Native men, women, and children, the firefitht lasted hours during which
two agents and one Indian man were killed. At the same time 1/8 of Pine Ridge Reservation
was signed over by Dick Wilson to the United States Government for uranium mining.
After the shootout four men were arrested for the deaths of the agents. There was no
investigation in the death of the Indian man. One man was released due to lack of evidence.
Two others were tried in Cedar Rapids , Iowa. They were found innocent on grounds of
self-defense. Following this loss, the FBI did all it could to secure the conviction of its last
defendant. Leonard Pelier was tried by a new jdge in a hostile state, Fargo, North Dakota.
Judge Benson (a known racist and owner of Indian land) ruled that NO EVIDENCE from
the first trial would be permitted in Leonard's trial. The jury was told that at any moment
snipers would try to kill them, windows were painted black, armed Marshals stood around
the courtroom. Peltier was convicted in the minds of judge and jury before his trial even
began.
Four years later the release of documents received following a FOIA suit proved not only his
innocence, but caused the appelate court to chastise the FBI for manufacturing evidence,
coercing witnesses, and withholding evidence favorable to Peltier. Yet he remains to this day
imprisoned.
3.Why Leonard Peltier?
Leonard was a close associate of Dennis Banks (one of the founders of AIM) and showed
signs of potential leadership. ALL AIM leadership was targeted. The FBI wanted
desperately to destroy the Movement and force Native people into assimilating into the white
culture and allow the government control of their mineral (oil, uranium, gold) rich land. Peltier
so concerned the FBI that a memo was sent out in which Peltier's occupation was described
as: Manager of AIM. Not only was Peltier NOT the manager of AIM (he was a mechanic),
no such position even existed.
4.Where does Leonard's case stand now?
Leonard had had three appeals. The government concedes that they "do not know who killed
the agents" and that there were no eyewitnesses or direct evidence against Leonard Peltier. In
1985 the government changed its original theory that Leonard Peltier killed the agents and
moved that he aided and abetted the killer. The Appelate Court has stated that there was a
"clear abuse of the investigative process" which "cast strong doubts on the government's
case." Yet each appeal has ended with Leonard being denied justice and a new trial on legal
loopholes rather than the merits and validity of his arguments. However, on of the judges who
denied two of the appeals has written to the President urging commutation of Peltier's
sentence.
5.Why do they keep denying Leonard his freedom or a new trial?
If Leonard Peltier has a new trial, he will be proven innocent and the FBI will have to answer
some very embarrassing questions, including: who is the killer and why is he free? What were
the agents REALLY doing on Pine Ridge? How was it possible that there were so many
agents and military people surrounding the area if this firefight was anything short of an
ambush? How did the FBI know where AIM was camping? How come so many of the
deaths and assaults of Native residents were never investigated? Why did they fabricate
evidence, coerce witnesses, hide evidence, and perjure themselves on the stand during
Peltier's trial and subsequent appeals? Why does the FBI continue to withhold over 6,000
pages of documentation on the case?
Many of the agents in the field at that time have been now promoted to important positions
and they have a great deal to lose.
6.What is next?
Leonard filed for executive clemency on November 21, 1993. His executive petition must go
through a specific process beginning with the Pardon Attorney, Margarel Colgate Love.
From there it reaches the desk of Deputy Attorney General Jamie Gorelick and finally a
recommendation is made to President Bill Clinton. Signatures, letters, and phone calls are
important more than ever before. Thousands of signatures are faxed to the White House
every week. After faxing the LPDC copies and mails petitions to the President. Members of
both the House and Senate have joined the Clemency Campaign, educating colleagues and
expressing their concern to the President and the Justice Department.
