We have put together an update on the case of Leonard Peltier which outlines the legal status of the case, remaining avenues, and a plan of action. We will send it out to the list in sections. Feel free to forward the information for outreach purposes - reformat it for print - or send our office a self addressed envelope and we will send you a formatted packet which you can copy and distribute. Thank you.

In Solidarity,

Leonard Peltier Defense Committee

23 April 2001

<LPDC@idir.net>

Case Status

Leonard Peltier has never received a fair trial and his most obvious avenues for legal redress have been exhausted. The jury that convicted him never knew about any of the abuses that were involved in the FBI's investigative process, nor were they able to consider the barred and concealed evidence which firmly supported Peltier's innocence. Despite this, all of Leonard Peltier's attempts to obtain a new trial have been unsuccessful. As of yet, the courts have utterly failed to bring him justice. New evidence must be acquired to make a new trial possible.

Post Trial Developments

* In 1978 Leonard Peltier appealed his conviction. He argued that Judge Benson's rulings, which banned key defense witnesses, barred critical evidence, and unduly allowed the prosecution to enter inflammatory evidence, made a fair trial impossible. Peltier also argued that the United States had no jurisdiction to try him because his extradition from Canada was obtained illegally and should have been reversed. A new trial was denied.

* In the early 1980's a Freedom of Information Act lawsuit forced the release of over 12,000 FBI documents, which contained substantial new evidence supporting Peltier's innocence. Most important, the defense obtained a previously concealed ballistic report, which thoroughly refuted the government's most critical piece of evidence, thus absolving Peltier as the shooter. Based on this and other new evidence, Peltier filed a motion for a new trial and in 1985, the Eighth Circuit Court held oral arguments. During these arguments U.S. Prosecutor Lynn Crooks admitted, "we can't prove who shot those agents." In its decision, the court found that the jury might have acquitted Peltier had the FBI not improperly withheld evidence "casting a strong doubt on the government's case." Yet, a retrial was denied based on an over strict reading of a legal standard for a new trial. Judge Heaney, who authored the decision, has since voiced his firm support for Peltier's release through Executive Clemency.

* In 1990 Peltier filed a Petition for Writ of Habeas Corpus, arguing that the prosecutor's admission during the 1985 oral arguments clearly exonerated him from the crime he was convicted of. But, the government argued that Peltier was equally culpable for the deaths of the agents, whether he shot them at close range or merely participated in the long range shoot-out. They argued that even if he did not shoot the agents, he was still equally guilty as an aider and abettor. However, who he aided and abetted, how he aided and abetted them, and why, has never been established. Furthermore, Peltier's co-defendants were found innocent on grounds of self-defense for the very same involvement for which Peltier is now imprisoned. Plus, over 40 people participated in the shoot-out according to FBI documents, and Peltier alone, is being held responsible. Despite all of this, the courts again denied a new trial.

* In November of 1993 Leonard Peltier filed a petition for Executive Clemency with then President Clinton. An intensive campaign was launched and supported by Native and human rights organizations, members of Congress, the international community, church groups, labor organizations, luminaries, and celebrities. The Peltier issue escalated into a national concern. The FBI, fearful that Peltier would be released, responded by launching a major campaign of disinformation in both the media and among key government officials. As it became clear that President Clinton intended to make a decision on the case as the end of his term in office neared, the FBI went even further and marched in front of the White House to discourage a positive decision. Despite strong arguments that fully justified a grant of clemency, and despite overwhelming support for clemency from many of Clinton 's friends and allies, Clinton failed to act on the request, buckling under FBI pressure.

Remaining Avenues

Parole

Leonard Peltier is not only eligible for parole, but he is long overdue. In 1994 the U.S. Parole Commission examined Peltier's conduct since his imprisonment, factored this with the severity rate of the crime he was convicted of, and determined that he became eligible for release after 188 months (almost 16 years) of imprisonment under Parole Commission guidelines. Since then, Leonard Peltier has undergone one full parole hearing and three interim parole hearings(1) and has been arbitrarily denied parole after each. His next full hearing is scheduled for 2008. According to law, the Parole Commission is required to justify their reasons for denying a prisoner parole beyond what the guidelines set forth. However, the commission has failed to articulate any rational reasoning for doing so and in fact have demonstrated blatant racial discrimination and animus toward Peltier(2). Despite Peltier's admirable human rights work from behind bars, his mentoring of other prisoners, his good conduct, his serious health risks, and his twenty-five years of imprisonment, the Parole Commission has indicated that they will not consider releasing him as long as he maintains his innocence.

In 1999 Peltier's attorneys filed a petition for Writ of Habeas Corpus with the district court in Topeka Kansas, arguing that the Parole Commission has denied Peltier parole arbitrarily, capriciously, and in violation of the United States Constitution. The judge has yet to make a ruling. He could either demand the parole commission release Peltier, instruct the parole commission to accelerate Peltier's next full Parole Hearing date, or dismiss or deny the petition altogether.

Parole Obstacles

* The FBI has been granted "victims rights" by the Parole Commission, which means, because two FBI agents were killed, the FBI as an entity, can intervene in Peltier's parole process. The Parole Commission gives very heavy weight to a victim's position, and of course, even heavier weight to the FBI's wishes. The FBI voices strong opposition to Peltier's parole release every time he is considered.

* In 1984 the Comprehensive Crime Control Act was passed. This act set forth the total abolition of the U.S. Parole Commission, and made effective mandatory minimum sentencing on a federal level. The act did not apply to anyone convicted before its passing. These prisoners are referred to as "old law" prisoners and they remain eligible for parole.

Congress scheduled the Parole Commission's abolishment date for 1992 and mandated it to immediately give all old law prisoners their probative release dates. However, as the commission's final abolishment date neared, they requested a five year extension, due to the heavy case load of old law prisoners still in the system. The extension was granted and the abolishment date was postponed until 1997. As 1997 neared, the commission requested another extension, and the abolishment date was again postponed, this time until 2002. However, very few old law prisoners have been given their probative release dates and most have been denied parole beyond what the guidelines mandate, without justification. It appears that the Parole Commission, motivated by self interest, is denying prisoners parole in order to stay in power. The Parole Commission is currently scheduled to be abolished next year, however thousands of old law prisoners remain in the system. Quite obviously the Parole Commission intends to seek yet another postponement and meanwhile, thousands of old law prisoners are being illegally detained, including Leonard Peltier.

Freedom of Information Act - 6000 FBI Documents

Because the courts only allow an issue to be litigated once, new evidence is needed in order to obtain a retrial for Leonard Peltier. That new evidence likely exists in the over 6,000 documents still being withheld by the FBI.

In the early 1980's, pursuant to a Freedom of Information Act Lawsuit, over 12,000 of these documents were released. But, the FBI continued to withhold over 6,000 documents in their entirety and another 6,000 in part, for reasons of "national security" and "ongoing" police investigations.

The first batch of documents proved that:

1. Peltier did not fire the fatal shots. 2. The FBI intentionally withheld exculpatory evidence from the defense. 3. The FBI agents had undeniably followed a red pickup (not a red and white van) onto the ranch, a vehicle that could not be tied to Peltier. 4. The FBI had framed Peltier: Several other suspects with more evidence against them existed, but were never indicted. One document stated the FBI' s intention to "develop evidence to lock Peltier into the case." 5. The prosecution colluded with the FBI and the Canadian prosecutor to present falsified evidence to the Canadian court and obtain Peltier's extradition. 6. Without justification, the FBI forewarned the trial judge, who later warned the jury, of possible AIM violence, thus creating a prejudicial atmosphere in the courtroom. 7. The FBI had Peltier under surveillance for his AIM involvement years prior to his arrest. 8. The FBI had been preparing for a paramilitary operation on the Pine Ridge reservation weeks before the shoot out and had been closely surveillancing AIM activities there. 9. The FBI considered AIM a threat to the United States and covertly sought to destroy the movement.

We can only imagine what might be contained in the rest of the documents. Because 25 years have passed since the shoot-out, some of the legal justifications available to the FBI for withholding documents are no longer officially valid. Therefore, new Freedom of Information Act requests have been filed and we can expect another lawsuit to take place in the future. Meanwhile, we can also pressure the United States Congress to pass an act to declassify the documents.

Congressional Investigations/Hearings

Certainly, the Pine Ridge "reign of terror" of the 1970's is one of the most disturbing civil rights chapters in U.S. history. Yet, no government agency has ever recognized the grave human rights abuses which occurred, nor taken steps to prevent such abuses from reoccurring. This, combined with the continued imprisonment of Leonard Peltier, sends a disturbing message - collective dissent could bring devastating repercussions to those living on isolated reservations. Still today, many who lived through that era fear violent backlash for voicing even the slightest of criticism toward the U.S. government.

We want to pressure Congress to hold investigational hearings into the human rights abuses that occurred on the Pine Ridge Indian Reservation, including:

* The violence perpetrated by the Tribal Chairman and the GOON Squads upon the traditional people of Pine Ridge * The relationship between the FBI and the GOON squads * The lack of oversight from the United States government * The FBI's neutralization tactics against the American Indian Movement * The framing of Leonard Peltier * The FBI's ongoing efforts to cover up and continue Peltier's unjust imprisonment

The House Judiciary Committee of Congress has the power to initiate such investigations. However, they are currently split in their positions about Peltier - most of the Republicans sympathize with the FBI and most of the Democrats with Peltier. Unfortunately, the Republicans are the current majority and the Democrats cannot initiate an investigation without their approval. This means obtaining hearings will be difficult unless the balance changes - which it very well may after the next election.

But, this does not stop us from working toward the investigations. We can use this time to do necessary outreach to our representatives, building up substantial pressure and awareness so that when the shift occurs we will be ready. The more support we can garner from House and Senate members - both inside and outside the Judiciary Committee - the better.

Plan Of Action:

* LPDC Research and Restructure Phase - Post Clemency

The Leonard Peltier Defense Committee is currently in a research and restructuring phase. We are working to build the LPDC into a more forceful and effective organization by expanding our staff, organizers, lobbyists, legal team, resources and eventually, our entire network. We want to make sure a good foundation is in place before we launch the next major campaign.

We are also researching less obvious legal avenues, lobbying strategies, and international options (OAS and United Nations). Therefore, we currently have no set dates for national events, but we do encourage supporters to organize locally and regionally to help us keep the momentum going.

* Outreach and Education

If we are able to enter Leonard Peltier's case back into the courts, it will be extremely important for there to be extensive public awareness and sympathy surrounding the case. Now is an opportune time to build such support through public outreach and education. Here are some things you can do:

- Set up literature tables at events/public places - Organize teach-ins - Host speaking engagements with LPDC spokespeople - Plan video showings - Leafleting - Write letters to the editor - Encourage community radio stations to highlight the case - Gather names, addresses, phone numbers and e-mail addresses from Peltier supporters for our data base and list serve - Hold book readings featuring My Life Is My Sun Dance by Peltier

* Congress

Write, and encourage others to write, the two senators of your state and the representative of your district. Urge them to support an act to declassify the 6000 documents, congressional investigations, and the oversight of the U.S. Parole Commission. Enclosed is a sample letter. Please forward copies of any responses you receive to our office.

* Peltier Awareness Month - June 2001

June is a significant month in both the history of the Peltier case and the history of the Lakota People. On June 26, 1975 the tragic shoot-out which, led to Leonard Peltier's unjust imprisonment occurred. Two years later, on June 1, 1977 Peltier was sentenced to two consecutive life sentences. Almost a century prior to the shoot-out, on June 23, 1876, the Lakota People defeated Custer at the Battle of Little Big Horn. Over a decade later, on June 23, 1876, the Ghost Dance was inaugurated on the Pine Ridge Reservation.

We want to dedicate this June to raising awareness about Leonard Peltier and related issues in our own communities. The activities will begin on Peltier 's sentencing date - June 1st and conclude on June 26, the 26th anniversary of the shoot-out:

June 1-8 Congressional Outreach Week (letter drives, visits to district offices, and phone bank planning)

June 9-15 Letters to the Editor Week (send letters to your local news papers)

June 16-26 Community Outreach Week (organize video showings, literature tables, book readings, and leafleting).

Initiate Peltier Awareness Month in your community. Contact us for more resources and organizing tips. Please let us know at the earliest possible date if you are organizing activities so that we can publicize them through our network, and let people in your area know what you are doing, should they ask. Also, your ideas and plans may help inspire others to take action.

* Fund Raising

Whether we receive a hearing on the pending habeas corpus (parole commission), new evidence from the Freedom of Information Act, or try other legal routes, we will need attorneys who can dedicate the time necessary to take full advantage of any remaining avenue. Although our lawyers are more than willing to volunteer their services, they can only do so much for free, and still be able to support their families. Therefore, we need to raise money for their legal expenses and time.

Also, the Leonard Peltier Defense Committee relies on the contributions of supporters to stay afloat. The LPDC is the center of communication between Leonard Peltier, his attorneys, his support network, the media, his family, etc. We coordinate the legal, grass roots, and political campaigns to gain his freedom.

You can donate to the LPDC by sending a check or a money order to PO Box 583 Lawrence, KS 66044. Donations over $250 are tax deductible upon request - such checks should be made out to "Global Exchange/LPDC." Checks under $250 can be made out to "LPDC."

Thank you for your support!

Footnotes:

1. The Parole Commission is required to hold an Interim Parole Hearing every two years to determine whether there are any new circumstances which justify a change in the original parole hearing decision. During interim hearings, prisoners can also raise allegations of any errors made by the commission in their original determination.

2. In 1998 a parole examiner stated, "I realize that you are what is often called a Native American who is also called an Indian ... but the facts of this case are that someone killed these individuals, that they are dead, that they were in fact murdered, and someone from that Nation, someone present on that date, that appears to have been a part of your nation committed these crimes.... [U]nfortunately you, Mr. Peltier, are the one and only person who was convicted in this matter ....."

______________________

Leonard Peltier Defense Committee

P.O. Box 583 Lawrence, KS 66044

Tel: 785-842-5774

E-mail: lpdc@idir.net

Web: http://www.freepeltier.org

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