Should Leonard Peltier be granted a new trial, or pardoned?

Question

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.

Thorn- we already have, its the prejudice that still remains and that the FBI retired agents asso. & the I still hide evidense, and spend enourmious sums lobbying to keep him in

Answer 1

YES!

Leonard Peltier should be pardoned, he is an innocent man. Paul speaks the truth in his supporting statements to his question. Nothing I can add would be better than what he already stated except one thing.

As of Feb 2007, Leonard will have been in prison for 31 years. Why... when Mr. Robideau and Mr. Butler were released on grounds of self defense and Leonard still remains in prison. He is a scapegoat, the government needs to hide it's lies, guilt, and it all boils down to one thing...it is the land, it has always been the land.

Harvey Arden, in his book, ask you "Have You Thought Of Leonard Peltier Lately?" I ask if you haven't, why not? His fate is yours!

Free Leonard Peltier Now!

Welcome To Leonard Peltier Defense Committee
http://www.leonardpeltier.net/
To support Leonard's legal campaign
FreedomWalk.com
http://www.freedomwalk.com/

The Case of Leonard Peltier
http://www.freepeltier.org/

Answer 2

Leonard Peltier deserves a new trial AND his freedom. The governments of Canada and the USA have ignored, falsified and run rough-shod over this entire case. From the initial extradition hearings forcing Leonard out of Canada and back to the USA to the atrocities of case management by the Feds here in the USA...this case is an atrocity to the very words "fair and equitable justice." There are thousands of pages of evidence in this case, but with just a simple review, one can see that forced testimonies, lies, threats and ALL of these things have kept Leonard in prison.....NOT his guilt.

Answer 3

Leonard Peltier is a sacrificial scapegoat. He is unjustly imprisoned and in ill health. He has grandchildren that he has never even touched. He should be released immediately! I don't know why Clinton didn't pardon him; he certainly pardoned others who were really guilty. It's OK, I guess, that NDNs were killed. Who payed for that?.He didn't get a fair trial 30 years ago and he certainly wouldn't get one now. Release him.

As to some of the others who were so quick to answer this question... they have no idea what they are talking about..

Answer 4

Yes,pardoned, what kind of a country do we live in when someone does not get fair trial & held for years & years. All facts point to a FBI cover-up. Let him go! Oboma where are you? Put your nose into something that is long over do. Mr. Peltier is a sick old man, who has been stepped on enough. at leased you could do something right, just once.

Answer 5

Assuming that the facts you state are true and I have no reason to doubt they are false and based on what happened at Ruby Ridge and Waco I would have to say he deserves to have the charges completely dismissed and all rights restored. In the event that he did shoot them considering the fact that they were dressed in civilian clothes and did not identify themselves then any sane person could assume they were in danger and have a right to defend themselves. The fact that the government withheld documentation should be grounds enough for a new trial.

Answer 6

There is nothing to pardon. No new trail needed. Just let Elder Peltier go! Heartless and gutless society brainwashed by a government founded on murder, lies, abominations, war crimes, use of biological weapons, kidnapping, stealing.....I could go on. Let him go. No conditions, no parole officer, no stipulations! Three men there, two off on self defense, the third gets the shaft. Hell it was white FBI.....someone had to pay right. WRONG! LIARS! In the Spirit of Crazy Horse, Aho!

Answer 7

Yes he should and had he been any other person he would be out by now anyway. The government framed him because they needed a scapegoat. They have no proof he shot those people he was convicted because the government had people lie on the stand -Leonard was not even near those people who died. Read the whole story you will see they were wrong!!
This was a great question lets see more like this one!!

Answer 8

It never hurts to re look at the evidence and see if it warrants a new trial. 30 years of advances in science may point to new clues. I am one for having people support their own so ...is the Indain Community willing to pony up some cash to pay for a private investigation?

Answer 9

It's too bad Mr Peltier didn't have a few more dollars,because in this great land it's justice for sale,to the biggest bankroll (you're just as innocent as you can afford to be)

Answer 10

Leonard Peltier should be pardoned immediately. What want to do does one to this great man still everything?