Leonard Peltier could be you, me, anyone who stands up for his family,
friends, community, and beliefs. Leonard is a Native American serving two
consecutive life sentences in a federal penitentiary, even though there is NO
CREDIBLE EVIDENCE that he is guilty of anything.
The Shoot Out
On June 26, 1975 two FBI agents allegedly searching for a young Indian
accused of stealing a pair of used cowboy boots spotted several men enter a
red pick-up truck. They followed the truck briefly. The occupants of the
truck pulled over. Shots were fired though no one knows who fired first.
Soon the situation exploded into a firefight involving 30 or so Indian men,
women, and children and over 150 FBI agents, BIA police, US Marshals and
the local police known as GOONs. Two agents and a young Indian activist
died. Within hours of the shootout, according to the U.S. Commission on
Civil Rights which labeled it "a full scale vendetta", hundreds of paramilitary
equipped, combat-clad FBI agents and US Marshals staged a dragnet
through the reservation in a fever of revenge in which men, women, and
children were terrified and properties and homes were ransacked. There was
no investigation into the death of the Native American.
The Set-up
Leonard had been previously identified as an AIM leader by the FBI and
targeted by their notorious COINTELPRO program which "neutralized"
people by slander, attack, and arrest. Fearing no possibility of a fair trial and
at the request of his elders, he fled to Canada where he was later arrested and
extradited by affidavits manufactured by the FBI that the government now
concedes were false and fabricated. Four men were initially accused of the
murders. Two were acquitted and the government dropped all charges
against the third to concentrate their "full prosecutorial weight...against
Leonard Peltier." He was convicted and sentenced to two consecutive life
terms. The handpicked judge, favored by the FBI for his anti-Indian
reputation, refused evidence of self defense. Information from the acquittals
of his codefendants was also ruled inadmissable. Jurors were convinced by
the court that AIM "snipers" would kill them at any time. In short Peltier
was convicted before his trial even began.
Government Has No Evidence
The government has subsequently changed its theory on who killed the
agents and today admits they have NO IDEA WHO KILLED THEM. This
change of theory came about during an appeal when a judge suggested to the
prosecution that the evidence was, at best, merely circumstantial. The
government then argued that they had tried Leonard as both the murderer
and aider and abettor. According to the final decision of the 8th Circuit
Court of Appeals, Peltier's trial and previous appeals had been riddled with
FBI misconduct and judicial impropriety including: coercion of witnesses,
perjury, fabrication of evidence, and the suppression of exculpatory evidence
which could have proved his innocence. The Court called the FBI's
misconduct "a clear abuse of the investigative process". Yet they ruled
against a new trial for Leonard Peltier because they were "reluctant to
impute further improprieties to them (FBI)." Recently it was discovered that
a terrible error had been made during the appeal by Leonard's own attorney
during which he mistakenly agreed with the judge regarding the testimony of
Norman Brown. What the attorney and the judge did not realize was that
Brown had recanted his testimony at trial and stated he had been coerced by
the FBI. He further stated that he never saw Peltier anywhere near the bodies
of the agents. We also now know that other agents were stationed around the
area prior to the start of the firefight, in direct contradiction to their
testimony at trial. This was discovered in September, 1995 following the
release of radio communications from the South Dakota Attorney General's
office. A document has been unearthed stating that almost two months prior
to the day of the shoot-out, the FBI was planning "paramilitary law
enforcement...on Indian land", specifically, Pine Ridge. It may also be noted
that the highest buildup of agents to civilians occurred just six days prior to
the tragic incident.
Conclusion
It is obvious to anyone with a conscience that the government was planning
to attack the AIM encampment, perhaps in the hopes of diverting attention
from an illegal land transfer, or perhaps as a way to stop Senator Frank
Church's Committee from investigating the FBI's Cointelpro program in
regard to Native struggles. That investigation was initiated just prior to the
shoot-out. It was halted the day after "due to the deaths of the agents." With
recent developments in Washington, DC proving the FBI grossly participated
in illegally doctoring and manufacturing evidence to ensure criminal
convictions, more attention MUST be paid to this renegade organization's
past misconduct. Congressional hearings/investigations are critical!
Recent Developments
During a parole hearing in December 1995, US prosecutor Lynn Crooks
admitted again that no evidence exists against Peltier. He further stated that
he government never really accused him of murder and that if Peltier were
retried, the government could not reconvict. The Parole Board, however,
decided not to grant parole because Peltier continues to maintain his
innocence (they stated that Peltier had not given a "factual and specific
account of (his) actions...consistent with the jury's verdict of guilt") and
because he was the only one convicted. As ridiculous as this reasoning
sounds, it has thus far held up. A petition for executive clemency remains
unanswered three years after being filed with the Department of Justice. The
delay has been excused by government officials as a lengthy revue of a
complex case. 1998 NEEDS to be the year of JUSTICE for LEONARD
PELTIER.
