BUT I THINK IT IS IMPORTANT...

The Case of Leonard Peltier
Quick Facts

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 other leaders, organizations and private citizens, 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 in South Dakota-home of the Oglala Lakota. Mr. Peltier has been in prison for over 30 years.

The Wounded Knee occupation of 1973 marked the beginning of a three-year period of heightened political violence on the Pine Ridge Reservation. The tribal chairman hired vigilantes, self-titled "GOONS," to rid the reservation of American Indian Movement (AIM) activity and sentiment. More than sixty traditional tribal 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 the 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 support and protect them, as they were being targeted for violence. Mr. Peltier and a small group of young AIM members set up camp on a ranch owned by the Jumping Bulls, a traditional Lakota Family.

On June 26, 1975, two FBI agents in unmarked cars followed a pickup onto the Jumping Bull's 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 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 forty Native Americans participated in the gunfight, but only AIM members Bob Robideau, Dino 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. Additionally, they could not be tied to the close range shootings.

Leonard Peltier was arrested in Canada. The United States 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. Ms. Poor Bear recanted her statements and said the FBI terrorized her and coerced her into signing the affidavits.

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 and 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 that Mr. Peltier drove on occasion.

Three Native American teenaged 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 stated that they had given the defense all the 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.

Leonard Peltier has served over 30 years in prison and is long overdue for parole. He has received several human rights awards or his good deeds from behind bars including annual gift drives for the children of Pine Ridge, fundraisers for battered women's shelters and donations of his paintings to Native American recovery programs. Nevertheless, the parole commission will not release him unless he admits to a crime he did not commit.

Over 6,000 FBI documents concerning Mr. Peltier's case remain undisclosed.

Mr. Peltier suffers from diabetes, high blood pressure and a heart condition-a direct result ofover 30 years of injustice!

This information was obtained from the following location: http://www.leonardpeltier.net/qfacts.htm

For more information on Leonard Peltier go to: http://www.leonardpeltier.net/

Also the following books are available:

In the Spirit of Crazy Horse, and Prison Writings: My Life Is My Sun Dance

If this outrages you as much as it does me there is a sample letter you can send to State Senators in support of Leonard Peltier located at:

http://www.leonardpeltier.net/takeaction.htm

You can find a list of addresses, and e-mail State Senators at:

http://www.senate.gov/general/contact_information/senators_cfm.cfm