Free Leonard Peltier?

[WilliamPitt]

Poll question: Free Leonard Peltier?

[hlthe2b]

1. I was so disappointed ...

that Clinton bowed to the demands of some lobbying FBI agents in rejecting his pardon.... SOmething was NEVER right about that trial/case.....I'm glad you remember Peltier, Will, though you didn't indicate your views.

[WilliamPitt]

3. I voted

:)

[alphafemale]

14. It was...like the last final "InYourFace" Clinton disappointment.

It was retched! Compare the jerks

he pardoned while ignoring Leonard.

[greatauntoftriplets]

2. For those who don't know who Leonard Peltier is....

LEGAL UPDATE
July 14, 2003

APPEAL OF THE DENIAL OF LEONARD'S 1999 HABEAS CORPUS PETITION

Peltier attorneys are pursuing an appeal to the United States 10th Circuit Court of Appeals of the recent denial of Leonard Peltier's 1999 Habeas Corpus petition. Leonard seeks to overturn the U.S. Parole Commission's refusal to even consider him for parole until December 2008.

The Commission explained its outrageous departure from its own guidelines by saying that Leonard had been involved in an "ambush" of the two FBI agents, and had executed them at point blank range after the agents had been incapacitated.

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.

http://www.freepeltier.org/legal_update.htm#top

[tjdee]

4. Zach de la Rocha is for it, that's all I know about the case.

He and others whom I respect believe that Peltier should be free.

I googled it a long time ago, after...whatever that Rage Against the Machine video was, and I came to the same conclusion--though the sites I visited weren't exactly objective.

Um, this is my roundabout way of saying I voted yes, but I could stand to hear the other side of the argument.

[scarletwoman]

5. Read, "In the Spirit of Crazy Horse", by Peter Matthiessen

If you (collective "you", not you personally, William ;-) ) have never taken the time to inform youself about this case, or if you are unfamiliar in general with the situation in Indian Country, this book is a must-read.

And I have to say, I will NEVER forgive Clinton for failing to grant executive clemency to Peltier. That was one of the biggest heartbreaks of my life, I was one of THOUSANDS who lobbied ceaselessly throughout Clinton's presidency see justice done at last -- to no avail...

sw

[GreenArrow]

7. Excellent book...

the publication of which was held up by Bill Janklow, the SD rep recently charged with manslaughter.

[flamingyouth]

8. Great book

Should be a "must read" for DU'ers!

[amazona]

13. yes, wtf happened there?

A good friend was extremely active in the free leonard movement. We were under the impression that he was going to be one of the people on the pardon list. Then we heard the governor of South Dakota and some FBI agents made a statement to Clinton that there were things he didn't know (paraphrasing there) that would prove Peltier guilty?

WTF?

Does anyone still seriously believe there is any evidence of his guilt?

Does anyone know what caused Clinton to change his mind? He gave a very mixed signal here?

I mean, Marc Rich but not Leonard Peltier?

[scarletwoman]

16. Lots of speculation about FBI threats...

We were absolutely stunned when it came down the way it did.

Personally, I'm inclined to believe that Clinton caved to the pressure from the FBI against Peltier's pardon. Considering all the shit that had already gone on with "Whitewater" and all the other crap, and the fact that Louis Freeh, then the FBI director, was/is a total scumbag -- but a scumbag with some serious connections (and extra dirt?) -- I think it came down to being simply too politically risky for Clinton.

And maybe even worse than that -- say, for example, that certain parties in the shadow government had a little "talk" with Clinton that went something like this: "It's really not a good idea to piss us off, be a shame if some kinda 'accident' were to happen to Chelsea now, wouldn't it...?"

sw

[G_j]

15. I agree with everything

you said SW. I felt like Clinton had committed the ultimate betrayal, his blackest, darkest moment for which many may never forgive him. Though I suspect he was blackmailed by the FBI, it was a cowardly act to lead the Indian community to believe Peltier would be pardoned. So many hopes of people around the world were dashed as a chance for redemption and healing was squandered. Who could ever expect Bush to pardon this man? Leonard has been in prison for, I believe 27 years now, suffers from poor health and may possibly die in prison. His guilt was never proven. He was convicted through false testimony, fabricated evidence and blatent FBI misconduct. Some of the most respected people on the planet have called for his freedom.

In a letter to Clinton, Robbie Robertson (The Band) pleaded that even IF Peltier was guilty, which was never proven, the amount of time he had spent in prison would have been more than enough already considering the reign of terror and climate of fear brought on by the "goon squads" and FBI at that time.

He is considered to be a political prisoner by people all over the world, including Amnesty International. Please read "In The Spirit Of Crazy Horse" for it will open your eyes to a part of American history that you may know nothing about.

Leonard's birthday is coming up Sept. 12. Free Leonard Peltier.


**** THANK YOU WILL!

[liberalhistorian]

6. Definitely yes!

I still cannot believe Clinton didn't pardon him when he had the chance. I've studied the issue at length (the book In the Spirit of Crazy Horse, by Peter Matthieson is a good start, and Robert Redford directed a documentary on the subject several years ago) and have come to the strong conclusion that Peltier is NOT guilty and deserves to be freed. This is a real sore point in the Lakota Sioux Indian community, and rightfully so! There are petitions once in awhile at the Crazy Horse Memorial in the Black Hills of South Dakota, as well.

[roughsatori]

9. "Bury My Heart at Wounded Knee" by Buffy Saint Marie

This is from a Buffy album that did not sell well but is a favorite of mine:


Indian legislations on the desk of the do-right congressman
But he don't much about the issues,
so he picks up the phone,
And asks the advice of the senator out in Indian county
A darling of the energy companies
They're ripping off what's left of the reservation

I learned a safety rule
I don't know who to thank
Don't stand between the reservation and the corporate bank
They're sending federal tanks
It isn't nice but it's reality

BURY MY HEART AT WOUNDED KNEE
Deep in the earth
I said cover me with pretty lies
Bury my Heart at Wounded Knee

They've got these energy companies
Who want to take the land
And they got churches by the dozens trying to guide our hand
And sign our mother Earth over to pollution, war and greed
No

Bury my heart at wounded knee
I said deep in the earth
Bury my heart at wounded knee
Won't you cover me with your pretty lies
Bury my heart at wounded knee

We get the federal marshals
We get the covert spies
We get the liars by the fire
We get the FBI
They lie in court and get nailed
And still Leonard Peltier goes off to jail
THE BULLETS DON'T MATCH THE GUN

Bury my heart at wounded knee
An eighth of the reservation
Bury my heart at wounded knee
Was transfered in secret
Bury my heart at wounded knee
Got your murder and intimidation
Bury my heart at wounded knee

My girlfriend Anna May
Talked about Uranium
Her head was full of bullets and her body dumped
The FBI cut off her hands and told us she died of exposure
Yeah right

Bury my Heart at Wounded Knee
Deep in the Earth
Bury my heart at wounded knee
Won't you cover me with pretty lies
Bury my heart at wounded knee
I'M TALKING ABOUT A REVOLUTION!!!!!!!

We had the gold rush wars
Why didn't we learn to crawl
And now our history gets written in a liar's scrawl
They tell me:
Honey, you can still be an Indian down at the Y on saturday night

Bury my heart at wounded knee
I said deep in your earth
Bury my heart at wounded knee
You can cover with all your pretty lies
Bury my heart at wounded knee
Bury my heart at wounded knee
Bury my heart
Well an eighth of the reservation
Bury my heart
Was transfered in secret
Bury my heart
Got nothing but murder and intimidation
Bury my heart
BURY ME
BURY ME
Bury my heart
Bury my heart
Bury my heart
Bury my heart

[durutti]

10. Absolutely

He's clearly a political prisoner. Amnesty International came to this conclusion after thoroughly studying everything related to his case.

[maxanne]

11. He was illegally

extradited from Canada on the coerced testimony of a mentally unstable woman who'd never met him - who claimed to be his girlfriend. The FBI kept her holed up in a hotel for a few days, showing her pictures of Anna Mae Aquash's body, telling her the same thing could happen to her.

The trial was bogus - falsified evidence - coerced witnesses - outright lying -

Two FBI agents were killed. Someone had to pay - and keep on paying. What the FBI did at Pine Ridge during the 1970's was reprehensible. There are some good books on the subject.

It's important to remember that Janklow and the FBI sued to keep Peter Matthiesson's book from being printed. Clearly they have something to hide. If you read the book, you'll see why.

[bigtree]

12. One of the biggest disappointments

of the Clinton administration was his refusal to pardon Leonard.

[TreasonousBastard]

17. I heard Clinton talk about Peltier...

before the decision came down. He didn't commit himself one way or the other at the time, but I was hoping he would do the right thing.

He didn't.

Clinton, btw, was never easy on criminals. As a prosecutor, and later as Governor and President, his record wasn't much better the Shrub's for hangin' them out to dry.

What was the name of that guy with half his brain missing that he signed the death warrant on? Clinton's excuse was that the guy attempted suicide and blew his own brain halway out, but was normal at the time of the crime, so it's OK to execute.

[scarletwoman]

18. Since you've brought up the subject, here's an update on Peltier's case:

LPDC Update: 1oth Circuit Appeal

From the Leonard Peltier Defense Committee...

Oral arguments will be heard before the 10th Circuit Court of Appeals
in Denver, Colorado, on September 19, 2003, on Leonard Peltier's 1999
Habeas Corpus petition. For the first time, Peltier's attorneys will
have the opportunity to argue in a Circuit other than the 8th Circuit
where Peltier was convicted and all subsequent appeals have been
denied.

Background

After Leonard's trial, based on documents obtained from the FBI under
Freedom of Information Act requests, the legal team discovered that
the government had withheld exculpatory evidence, including critical
ballistics data. Specifically, the legal team discovered a memorandum
by a ballistics expert dated October 2, 1975, that unequivocally ruled
out the Wichita AR-15 (which was purportedly used by Leonard Peltier
on June 26, 1975) as the alleged murder weapon. The improperly
withheld evidence suppressed by the FBI struck at the heart of the
government's case and the later Parole Commission findings which were
upheld by the U.S. District Court in Kansas.

In 1995, Leonard appeared for an interim parole hearing before the
same hearing examiner who had presided over his initial parole
proceeding in 1993. The examiner was moved by the government's
statements, especially those by Assistant United States Attorney Lynn
Crooks who had acknowledged that "the government does not know,
insofar as having the evidence to sustain a conviction in court, that
Leonard Peltier fired the fatal bullets into the agents." The
examiner ruled in Leonard's favor. Dissatisfied, the U.S. Parole
Commission appointed a second examiner who ruled against Leonard. The
Commission then accepted the second officer's recommendation and
reaffirmed that it would not reconsider Leonard for parole until
December 2008. From then, the Parole Commission has steadfastly
adhered to this position.

The Appeal

The Peltier legal team believes that the Commission has failed to
adequately consider the impact of the critical exculpatory evidence
that was improperly withheld by the government at trial and which
completely undermines the facts relied upon by the Commission. On
appeal, Leonard's legal team will strongly contend that the Commission
erred because its finding that Leonard had been involved in an
"ambush" of the two FBI agents on June 26, 1975, and had executed them
at point blank range after they had been incapacitated: (1) is not
supported by Leonard's convictions or the Eighth Circuit decisions
addressing post-conviction petitions; (2) is not supported by the
evidence before the Commission; and (3) is undermined by the material
exculpatory evidence the government improperly withheld at Leonard's
trial.

In short, the legal team will argue that the U.S. Parole Commission's
denial of parole to Leonard Peltier constitutes a violation of law, as
well as being inconsistent with its own congressionally mandated
guidelines. The denial of parole in this case, they say, is an abuse
of power and discretion, and violates Leonard Peltier's constitutional
rights. The Peltier attorneys will request that the appellate court
issue an order that Peltier be given fair consideration for parole
directly, under appropriate factors, which consideration should lead
to his immediate parole.

Mitakuye Oyasin.

In the Spirit of Crazy Horse,

LPDC
PO Box 583
Lawrence, Kansas 66044-0583
785-842-5774
785-842-5796 (Fax)
[e-mail]
www.leonardpeltier.org

[sandnsea]

19. I voted no

Don't flame me. His story seemed a bit far fetched to me. I am saying this based on the conclusions I reached 3 years ago after doing alot of reading. I can't remember every detail I read, certainly not enough to get into a debate on it, so don't expect it. I read his version, FBI version, and some transcripts and other documents. I didn't conclude he was innocent.

But he has served enough time anyway, so on that basis, it wouldn't have bothered me too much.

[philosophie_en_rose]

21. Sorry, but you are wrong.

Maxanne's post is accurate. The conviction was based on unethical police tactics, a woman with mental impairments that was coerced into perjury, and the need to find a scapegoat for the deaths of the two FBI officials.

I know an attorney who worked for Leonard Peltier. I've heard and read Leonard's story and it's heartbreaking that the injustice of his conviction was ever allowed.

Leonard Peltier did not receive a fair trial. The testimony is corrupt and the conviction unwarranted. The burden is on the government to prove the charges. It doesn't really matter what any of us think. What matters is that this man deserves an investigation and that our justice system is tainted.

Bill Clinton failed Leonard Peltier. The unelected fraud is impotent. However, the next elected President should be confronted with this issue. Would President Dean pardon Leonard Peltier? Would a President Kerry investigate?

[sandnsea]

22. I've read it all

Let's just go to Myrtle Poor Bear. Her affidavits were used to bring Peltier back to the US, not convict him. The defense argues about a third affidavit, but none of them were used at trial anyway. And, that she wasn't allowed to testify for the defense. You say she had mental impairments which made her affidavits unreliable. Funny thing is, that's the exact reason the judge didn't let her testify.

"The Court observed that she had a complete lapse of memory on cross-examination relating to recent events."

"And the Court concludes that credibility of this witness for any purpose is so suspect that to permit her testimony to go to the jury would be confusing the issues, {4658} may mislead the jury and could be highly prejudicial."

Every time I've run down any information on this case, it's ended up just like this. Others placed her at Jumping Bull as well. This kind of information doesn't rise to the level of a Presidential Pardon. That's my opinion.

[tinanator]

26. maybe you better reread em?

God knows I have comprehension problems, but any glance at the facts... Hardly Bill Clintons only failure, but one of his greatest shames. I would suggest giving the lawyers involved a listen. Unless you think they would lie, and the FBI would not.

[sandnsea]

28. Just took another look

Mrytle Poor Bear. Right out of the gate, first thing I looked at was a bunch of nonsense. Post #22.

Lawyers are supposed to advocate for their clients in every way possible. I expect them to, I believe in that. But, it doesn't mean everything they say is exactly right either. Yeah the FBI were some complete dirtbags during that time. There should have been a whole lot more investigations of their behavior, charges brought, all of that. Doesn't mean Peltier was innocent.

[Pow_Wow]

31. you said, "I didn't conclude he was innocent"

people are supposed to be proven guilty in our system, not the other way around.

[sandnsea]

38. For a pardon

There has to be something to base overturning the guilty verdict. He's already been found guilty, so if I were giving out pardons, I'd have to conclude he was innocent or that the case was so incredibly mismanaged as to demand Presidential interference. Maybe those are just my standards, but I think I'm entitled to them.

[G_j]

39. "incredibly mismanaged "

intentionally mismanaged would seem more accurate.

So did Clinton's other pardons meet your standards?

[maxanne]

34. sandnsea

Do you believe Peltier recieved a fair trial?

How do you explain:
what were the feds doing at the Jumping Bull's that day? Really.

Jimmy Eagle? Jimmy Eagle (who had a history of violent crimes) told a bunch of people he was there that day - and he killed the agents. There was no investigation.

The red pickup truck

the roadblocks - why did so many cops/feds happen to be around that day? And who was in the cars that were allowed to come and go that day?

The discrepancies in FBI radio transmissions that day?

The gun - please explain the AR-15.



a few more points:
the illegal extradition was not allowed to be mentioned during Peltier's trial. The persecution of AIM on the res, the testimony from the Butler/Robideau case was not allowed as evidence. Agent Gary Adams was allowed to tell a whole different story in Peltier's trial than the one he told in Butler/Robideau.

Putting aside the guilt/innocence for a moment - do you believe Peltier recieved a fair trial?

[sandnsea]

37. Already said,

I went over this several years ago and came to the conclusion that the verdict was fair. I'm not going to spend hours going back over all the information again. I said that in my first post. Obviously others disagree and that's fine with me.

[ConsAreLiars]

20. If anyone wants one clear example

of how the US state apparatus can be turned against its political opposition, read up on the history of AIM and Peltier. There are other examples, of course.

The most passionate plea I ever sent to Clinton (the only one?) was that he pardon Peltier. I served as a delegate for him (vs. BFEE v.1) understanding fully that he stood only for a less-onerous version of the status quo, but his failure to issue this pardon was in my view much more indicative of his weaknesses (since it was something that required no assent by Congress) than anything else he did during his presidency.

[sandnsea]

24. Yes, but there's more than that

Look the way AIM was treated is horrific. The murders at Pine Ridge were unbelievable.

But that doesn't mean that in the case of Peltier, specifically, murder didn't happen. And in order to pardon him from killing an FBI officer, it has to be proven with clear and convincing evidence. I haven't seen any. I've tried. It's one person's word against another's, over and over again. A Presidential Pardon needs to be more convincing then that.

Now, do I believe because of the extenuating circumstances at Pine Ridge, he just sort of deserves to be let out? Yes. But I guess that isn't a law.

[knight_of_the_star]

25. Go look at the Justice system again

First off, the president can pardon anyone of any federal crime with the exception of impeachment. It is in the Constitution. Second, the defense in a criminal trial does not have to prove jack diddly squat. The prosecution has to prove beyond a reasonable doubt that the defendant committed the crime. There is no proof that he killed the agents, I doubt that he did, and that by itself is enough to have gotten him off, scot-free, protected by double jeopardy. The fact that he was convicted without enough evidence to prove his guilt conclusively shows that the trial was most certainly crooked.

[sandnsea]

27. Well if I were giving a pardon

it would have to be clear and convincing evidence to basically overturn a jury. I read the transcripts and documents on both sides. There was nothing to convince me the jury hadn't made the proper decision. They were there to evaluate the witnesses, etc., I wasn't. Sure they were white, but the juries who acquitted the other two guys were probably all white too.

I just don't see the argument in this case. I expected to, but I didn't.

[Pow_Wow]

29. you're saying that it must be

proved convincingly that he is innocent, when it was never proven that he was guilty?

something very wrong with that picture

:shrug:

[Robb]

33. Actually, that's the point exactly

He was found guilty in court (whatever the circumstances), so in order to pardon someone the Prez has to be convinced he can make an argument that the entirety of the judicial system failed the man, and therefore the executive branch had to step in to ensure "justice".

And frankly, I wouldn't have stepped in either. Sorry, but I simply wasn't convinced. No one asked me, however...

[Lexingtonian]

23. Clinton's decision was political

I think the FBI "threats" and "secret evidence" and such have been overrated as reasons Bill decided not to go through with it.

The evidence against Peltier is at best equivocal or exonerating, and it is tainted by the Nixon/Ford era coercion and collusion methods of the FBI and white South Dakotan law establishment. But that some member of Peltier's faction/AIM did kill the two agents, that is about as clear. And they haven't actually come forward and supplied the proof.

The juridical question is basically "not proven". But the political problem is that freeing Peltier will cause all sorts of bad blood to get out in the open again, within Pine Ridge and South Dakota and likely the various nearby states. Basically, all the people in positions of power within the conflict at the time are invested in the outcome and will raise hell using whatever influence they have. That Peltier gets killed within the first months or years is a distinct possibility.

My guess is that Peltier needs outright unequivocal exoneration and/or 5-10 years until conditions are such (meaning, all the other players are dead/nearly dead- too) in the Dakotas that he can be pardoned. And by then he maybe wouldn't have to be on the run, wouldn't have to publicly protest his innocence at every available occasion.

I was somewhat involved in the efforts to obtain a proper investigation in the Dudley George killing (in Ipperwash, Ontario) some years ago. It was incredibly disheartening to see how much racism against Native Americans there is in rural areas. The friends I made- Chippewa- really opened my eyes that the problems in flyover country are very deep, but some wonderful people are hidden among so much dross in those regions.

[G_j]

35. good points

btw, Daschle also lobbied against a pardon. Why would politicians in SD have any more interest in this than anyone else? It was Federal agents who were killed. :-(

[KG]

30. another masterstroke by St. William of Clinton.

a pardon for marc rich but not for peltier? :wtf:

[nolabels]

32. Leonard Peltier politcal prisoner

The most dangerous offence in any country is challenging its sacrosanct ability to determine what is the correct interpretation of the laws that are written and if they contradict one another. This is especially true in ones that it uses for the subjugation of its people in its effort to extract their essence.

Living in the most destructive and violent country ever to be placed upon this earth is a challenge for ones humanity. Many people are in prison for what could be determined as self defense and the failure of the state to hold up its end of the bargain. Many things threaten the states authority and existence. The virulent space that exists in our ears is a place it abhors the most and one which that the state will always try to occupy.

Keeping ones vigilance and reign over ones own mind is a duty entrusted to each one individual at their birth. Using it with respect for one another in collaboration and cooperation to the place at the end of its journey is what can never be denied. This ideal is written directly into the US Constitution preamble and is used for its guidepost.

http://www.prisonactivist.org/pps+pows/pplist-alpha.shtml

Can't Jail the Spirit

Political Prisoners and POW's in the US
Last updated on July 31, 2003
This list is alphabetical. To find prisoners in your home state — or any other location — use the Find command in your browser.
Compiled by the Prison Activist Resource Center. For other PP/POW-related resources, go to our political prisoner page.

Ali Khalid Abdullah #148130
Thumb Correctional Facility
3225 John Conley Dr.
Lapeer, MI 48446
Web: www.geocities.com/ppwc_uk/aboutali.html
Haki Malik Abdullah (s/n Michael Green) # C-56123
PO Box 3456
Corcoran CA 93212

Mumia Abu-Jamal # AM-8335
1040 E. Roy Furman Hwy
Waynesburg PA 15370
Web: www.mumia.org (International Concerned Friends and Family of Mumia Abu-Jamal)
www.freemumia.org (Mobilization to Free Mumia Abu-Jamal )
www.j4mumia.org (Justice For Mumia )
www.mumia2000.org
Sundiata Acoli (s/n Clark Squire) # 39794-066
PO Box 3000
USP Allenwood
White Deer, PA 17887
Web: http://www.afrikan.net/sundiata/welcome.html and prisonactivist.org/pps+pows/sundiataacoli
Charles Sims Africa # AM-4975
SCI Graterford, Box 244
Graterford PA 19426-0244
Web: prisonactivist.org/pps+pows/charles-sims-africa-st.html

Debbie Sims Africa # 006307
451 Fullerton Ave
Cambridge Springs PA 16403
Web: prisonactivist.org/pps+pows/MOVE/debbi-sims-africa-st.html
Delbert Orr Africa # AM-4985
SCI Dallas, 1000 Follies Road
Dallas PA 18612
(snip)

(snip)
Leonard Peltier # 89637-132
PO Box 1000
Leavenworth KS 66048
Web: www.freeleonardpeltier.org
(snip)

[WEagle]

36. yes

you call that a fair trial? It was a text book frame up.
Shame on Clinton! :puke: