Leonard Peltier in 1972
Workers Vanguard No. 1082 | 29 January 2016 |
40 Years Behind Bars-Free Leonard Peltier Now!
In the early 1970s, the government turned its sights on AIM, which was combating the grinding poverty of Native Americans and the continued theft of their lands. The Feds and the energy companies were intent on grabbing the rich uranium deposits under land of the Oglala Lakota people in western South Dakota. The Pine Ridge Reservation became a war zone as the hated Bureau of Indian Affairs (BIA) and the FBI trained and armed thugs to terrorize and brutalize AIM activists. Between 1973 and 1976, these killers carried out more than 300 attacks, murdering at least 69 people.
When 250 FBI and BIA agents, SWAT cops and vigilantes launched an assault against Pine Ridge in June 1975 and the FBI came up two agents short, Peltier and three others were charged with their deaths. Peltier sought refuge in Canada, but was caught and held in solitary confinement for ten months. Charges were dropped against one of the others, while AIM supporters Dino Butler and Bob Robideau were acquitted. Jurors at the trial in Cedar Rapids, Iowa, stated that they did not believe the government witnesses and that it seemed “pretty much a clear-cut case of self-defense.”
The government went into overdrive to make sure Peltier would be convicted. Perjured affidavits secured his extradition to the U.S. The trial was moved to Fargo, North Dakota, a town where racism against Native Americans was prevalent, and held before an all-white jury. To preclude another acquittal on grounds of self-defense, the judge excluded evidence of government terror against Pine Ridge activists. Defense witnesses were barred from testifying, and the prosecution concealed ballistics tests showing that Peltier’s gun could not have been used in the shooting. In 1977, Peltier was found guilty and sentenced to two consecutive life sentences.
The intent of the racist capitalist rulers to see this innocent man die in prison has been clear from the start. Peltier’s legal rights have consistently been trampled: calls for a new trial; requests for documents under the Freedom of Information Act; applications for parole; demands for medical treatment—all denied time and again. In a 1985 appeal hearing, the lead government attorney admitted: “We can’t prove who shot those agents.” A 2003 ruling from the Tenth Circuit Court of Appeals stated: “Much of the government’s behavior at the Pine Ridge Reservation and in its prosecution of Mr. Peltier is to be condemned.” But the appeals were denied anyway. There is no justice in the bourgeoisie’s courts for fighters against racist and capitalist injustice like Leonard Peltier.
The Feds’ vendetta against Peltier and other AIM leaders was part of the FBI’s notorious Counter-Intelligence Program (COINTELPRO) of surveillance, disruption, frame-up and murder. Launched in the 1950s, COINTELPRO initially targeted the Communist Party and the then-Trotskyist Socialist Workers Party. It was later deployed against other left organizations, antiwar activists and especially against radical black activists in the 1960s. The Black Panther Party bore the brunt of the Feds’ attacks: members were framed up and imprisoned by the hundreds while 38 were killed in cold blood.
AIM was formed in 1968 to fight police harassment in Minneapolis and quickly caught the FBI’s eye. AIM forged ties with Chicago Black Panther leader Fred Hampton who, along with Mark Clark, was gunned down in his apartment by the Chicago cops on 4 December 1969. That same year, AIM started its 19-month occupation of Alcatraz Island to demand the return of stolen Native land.
Like Peltier, many former Panthers still languish in prison, among them Mumia Abu-Jamal and Albert Woodfox. The Partisan Defense Committee publicizes their cases and provides support to them and eleven others through our Class-War Prisoner stipend program. Funds for this program are raised during the PDC’s annual Holiday Appeal. While supporting all possible legal proceedings on behalf of the class-war prisoners, we place no faith whatever in the courts, which are part of the apparatus used by the capitalist class to maintain its rule. We look to the social power of the multiracial labor movement to lead the poor and oppressed in struggle against the capitalist exploiters and their system of private property.
The vindictiveness of the Feds toward this unbowed fighter for Native Americans, who is also a gifted writer and artist, knows no bounds. In his four decades behind bars, Peltier has been subjected to supermax hell, punitive prison moves, long stretches in solitary and brutal beatings. Denied transfer to North Dakota to be near his people, he is incarcerated nearly 2,000 miles away in Florida. Peltier has diabetes and high blood pressure, has suffered a stroke and a heart attack, and he is partially blind in one eye. Twenty years ago he underwent surgery in prison to fix a defect in his jaw that had prevented him from eating solid food. The operation was so botched that he almost died and needed six blood transfusions. To avert public awareness of Peltier and the injustice inflicted on him, an association of former FBI agents forced the removal of four of his paintings from a Native art installation in Washington State last November.
In a November 26 statement to his supporters, Peltier spoke of the pain and neglect he was suffering even before his latest diagnosis:
“I wish I could lie to you and tell you I’m doing O.K., but that would not be fair to you.... I cannot walk but very slowly and while hanging on to someone for support. But after a few steps I’m O.K. So I move right along with the crowd. But those first few steps are awfully painful. I asked for a cushion, but was told they don’t have any here—and to make one myself from a blanket. Well, news flash. I did this and every time I did they took it away. Yep, for some reason this is illegal. Then I have to deal with the other medical problems. So, yeah, this is my Sundance.”
The PDC has written to President Obama to demand Peltier’s urgent release. Peltier’s defense committee urges supporters to mention Leonard’s current health crisis when calling the White House to voice support for clemency now, and to also demand that he receive the best possible care by contacting: Federal Bureau of Prisons, 320 First St., NW, Washington, D.C. 20534, (202) 307-3198, info@bop.gov. We urge our readers to do likewise.
You can also write to Leonard Peltier, #89637-132, USP Coleman I, P.O. Box 1033, Coleman, FL 33521.
I am passing this along which was passed to me so check it out. (November 2015)
Anonymous7:57 PM
The correct contact information for Peltier's defense committee (and ACCURATE information regarding Leonard Peltier, his case, and the campaign for freedom) is ILPDC, PO Box 24, Hillsboro, OR 97123. Web: www.whoisleonardpeltier.info.
Click to a Leonard Peltier Defense Committee site.
http://www.leonardpeltier.net/
Leonard Peltier is an internationally renowned class-war prisoner. Peltier’s incarceration for his activism in the American Indian Movement has come to symbolize this country’s racist repression of its native peoples, the survivors of centuries of genocidal oppression. Peltier was framed up for the 1975 deaths of two FBI agents marauding in what had become a war zone on the South Dakota Pine Ridge Reservation. Although the lead government attorney has admitted, “We can’t prove who shot those agents,” and the courts have acknowledged blatant prosecutorial misconduct, the 69-year-old Peltier is not scheduled to be reconsidered for parole for another eleven years! Peltier suffers from multiple serious medical conditions and is incarcerated far from his people and family.
Commentary
This entry is passed on from the Partisan Defense Committee. I need add little except to say that this man, a natural leader of the American Indian Movement (AIM), should never have spent a day in jail. Free him now.
"We, along with millions of others, do not believe that Leonard Peltier should have been incarcerated at all. We demand his unconditional release from prison."
************
Leonard Peltier was arrested in Canada on February 6, 1976, along with Frank Blackhorse, a.k.a. Frank Deluca. The United States presented the Canadian court with affidavits signed by Myrtle Poor Bear who said she was Mr. Peltier’s girlfriend and allegedly saw him shoot the agents. In fact, Ms. Poor Bear had never met Mr. Peltier and was not present during the shoot-out. Soon after, Ms. Poor Bear recanted her statements and said the FBI threatened her and coerced her into signing the affidavits.
- Mr. Peltier was extradited to the United States where he was tried in 1977. The trial was held in North Dakota before United States District Judge Paul Benson, a conservative jurist appointed to the federal bench by Richard M. Nixon. Key witnesses like Myrtle Poor Bear were not allowed to testify and unlike the Robideau/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 pick-up 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 which Mr. Peltier drove occasionally.
- Three teenaged Native witnesses testified against Mr. Peltier, they all later admitted that the FBI forced them to testify. Still, not one witness identified Mr. Peltier as the shooter.
- The U.S. Attorney prosecuting the case claimed that the government had provided the defense with all FBI documents concerning the case. To the contrary, more than 140,000 pages 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, found Mr. Peltier guilty. Judge Benson, in turn, sentenced Mr. Peltier to two consecutive life terms.
- Following the discovery of new evidence obtained through a Freedom of Information Act lawsuit, Mr. Peltier sought 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 argument, the government attorney 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.
- Mr. Peltier has served over 29 years in prison and is long overdue for parole. He has received several human rights awards for his good deeds from behind bars which include annual gift drives for the children of Pine Ridge, fund raisers for battered women’s shelters, and donations of his paintings to Native American recovery programs.
- Mr. Peltier suffers from diabetes, high blood pressure, and a heart condition. Time for justice is short.
- Currently, Mr. Peltier’s attorneys have filed a new round of Freedom of Information Act requests with FBI Headquarters and all FBI field offices in an attempt to secure the release of all files relating to Mr. Peltier and the RESMURS investigation. To date, the FBI has engaged in a number of dilatory tactics in order to avoid the processing of these requests.
**************
THIS ARTICLE FROM PARTISAN DEFENSE NOTES WAS PASSED ON TO THE WRITER BY THE PARTISAN DEFENSE COMMITTTEE, P.O. BOX 99 CANAL STREET STATION, NEW YORK, NEW YORK 10013.
THERE IS NOTHING THAT I NEED TO ADD EXCEPT THAT HISTORIANS OVER THE LAST GENERATION HAVE STEPPED OVER ALL OVER THEMSELVES TO CORRECT THE PREVIOUS FALSE ROLE ASSIGNED TO INDIGENOUS PEOPLES. THAT IS TO THE GOOD. BUT THE WRITER HAS ONE QUESTION –WHY IS THIS NATIVE AMERICAN LEADER STILL IN JAIL? ENOUGH IS ENOUGH.
Thirty years ago, on 6 February 1976, American Indian Movement (AIM) leader Leonard Peltier was seized by the Royal Canadian Mounted Police in western Canada. Peltier had fled there after a massive U.S. government attack the previous June—by FBI and Bureau of Indian Affairs (BIA) agents, SWAT cops and white vigilantes—on South Dakota's Pine Ridge reservation during which two FBI agents were killed. After Canadian authorities held Peltier for ten months in solitary confinement in Oakalla Prison, he was extradited to the U.S. on the basis of fabricated FBI testimony. In 1977, Peltier, a member of the Anishinabe and Lakota Nations, was convicted and sentenced to two consecutive life sentences on frame-up murder charges stemming from the shooting of the two FBI agents.
While Peltier had sought refuge in Canada, two others charged in the agents' killings were acquitted in a federal court in Iowa. Jurors stated that they did not believe the government witnesses and that it seemed "pretty much a clear-cut case of self-defense" against the FBI invasion. In Peltier's trial the prosecution concealed ballistics tests showing that his gun could not have been used in the shooting, while the trial judge ruled out any chance of another acquittal on self-defense grounds by barring any evidence of government terror against the Pine Ridge activists. At a 1985 appeal hearing, a government attorney admitted, "We can't prove who shot those agents."
AIM had been in the Feds' gun sights because of its efforts to fight the enforced poverty of Native Americans and the continued theft of their lands by the government and energy companies, which were intent on grabbing rich uranium deposits under Sioux land in South Dakota. The Leonard Peltier Defense Committee stated in 2004: "Virtually every known AIM leader in the United States was incarcerated in either state or federal prisons since (or even before) the organization's formal emergence in 1968, some repeatedly." Between 1973 and 1976, thugs of the Guardians of the Oglala Nation (GOON), armed and trained by the hated BIA and FBI, carried out more than 300 attacks in and around Pine Ridge, killing at least 69 people.
As we wrote during the fight against Peltier's threatened deportation, "The U.S. case against Peltier is political persecution, part of a broader attempt by the FBI to smash AIM through piling up criminal charges against its leaders, just as was done against the Black Panthers" (PTFNo. 112, 4 June 1976). AIM and Peltier were targeted by the FBI's deadly Counter-intelligence Program (COINTELPRO) of disruption, frame-up and murder of the left, black militants and others. Under COINTELPRO, 38 Black Panthers were killed by the FBI and local cops. Panther leader Geronimo ji Jaga (Pratt) spent 27 years in prison for a crime the FBI knew he could not have committed before finally winning release in 1997. Mumia Abu-Jamal—also an innocent man— remains on Pennsylvania's death row today.
In November 2003, a federal appeals court ruled, "Much of the government's behavior at the Pine Ridge Reservation and in its prosecution of Mr. Peltier is to be condemned. The government withheld evidence. It intimidated witnesses. These facts are not disputed." But the court still refused to open the prison doors for Peltier. Last year, U.S. District Court judge William Skretny turned down Peltier's request for documents suppressed by the government, even while acknowledging that he could have been acquitted had the government not improperly withheld them. Peltier attorney Michael Kuzma stated that the evidence withheld by the government amounts to a staggering 142,579 pages!
On February 24, Skretny again ruled that the FBI can keep part of its records secret in the name of "national security." Peltier noted in a message to the March 18 protests against the Iraq occupation, "Our government uses the words 'national security' and fighting the war on transnational terrorism as a smoke screen to cover up further crimes and misconduct by the FBI." Also this February, defense attorney Barry Bachrach argued in St. Louis federal court that the federal government had no jurisdiction in Peltier's case, since the shootings occurred on a reservation.
Millions of people have signed petitions for Peltier over the years, including by 1986 some 17 million people in the former Soviet Union. His frame-up, like that of Geronimo ji Jaga and Mumia Abu-Jamal, demonstrates that there is no justice in the capitalist courts of America. While supporting all possible legal proceedings on behalf of the class-war prisoners, we place no faith whatever in the "justice" of the courts and rely solely on the power of mass protest centered on the integrated labor movement.
After Peltier's third appeal for a new trial was denied in 1993, thousands of prominent liberals, celebrities and others—ranging from Willie Nelson to Archbishop Desmond Tutu and Mother Teresa—called for a presidential pardon. In a recent column titled "Free Leonard Peltier!" (5 February), Mumia Abu-Jamal wrote: "Many Peltier supporters put their trust in a politician named Bill Clinton, who told them that when he got elected he 'wouldn't forget' about the popular Native American leader. Their trust (like that of so many others) was betrayed once Clinton gained his office, and the FBI protested. In the waning days of his presidency, he issued pardons to folks like Marc Rich, and other wealthy campaign contributors. Leonard Peltier was left in his chains!"
Peltier is one of 16 class-war prisoners to whom the Partisan Defense Committee sends monthly stipends. For more information on his case, or to contribute to Peltier's legal defense, write to: Leonard Peltier Defense Committee, 2626 North Mesa #132, El Paso, TX 79902. Free Leonard Peltier and all class-war prisoners!
