 |
|
- DECEMBER 10, ANNIVERSARY OF THE INTERNATIONAL DECLARATION OF HUMAN RIGHTS
- LEONARD'S NEW BOOK!!: Prision Writings-My Life is My Sundance
Introduction to the LPDC
The Story Behind Leonard Peltier
Leonard Peltier Artwork
Press Releases
The FBI Files
The Trial of Leonard Peltier
The Leonard Peltier FAQ
Start a Support Group
Newsletter Subscription Information
Join The LPDC E-Mailing List
Important Current Issues
For Your Information
Immediate News
Archived News- How Can I Help? (includes address, phone numbers and fax number)
- Links
Important current issues: October 1999
-Habeas Corpus filed
-Leonard's health
-Effort to gain executive clemency
-Canadian extradition report
-Congressional hearings
-Posters and news papers! Spread the word!
-Amnesty International asks for the immediate
and unconditional release of
Peltier-contact your local chapter
The petition was filed by former Attorney General and lawyer,
Ramsey Clark
with attorneys Carl Nadler and Lawrence Schilling. It was filed
on June 4,
1999 and challenges as illegal, clearly erroneous, arbitrary,
capricious,
and unconstitutional, the Commission's denial of parole to Peltier
and its
decision to schedule Peltier's next parole release hearing in
December
2008 -- 15 years in the future, 17 years in excess of the Commission's
applicable guidelines and 6 years after the date set by Congress
for the
total abolition of the Parole Commission itself. Peltier's petition
also
charges that as a result of changes in federal parole laws, practices
and
procedures since 1975, Peltier has been imprisoned longer than
the law then
authorized in violation of the Constitution's ex post facto clause,
as well
as Peltier's right to due process and equal protection of the
laws. The
Parole Commission is required to substantiate its reasons for
denying a
prisoner parole beyond the guidelines. The petition argues that
the
Commission's stated reasons have been based on discriminatory
and erroneous
reasoning.
Additionally, the petition points to the dismantling process
of the federal
parole commission since the Comprehensive Crime Control Act was
passed in
1984 and ties this process to the denial of parole to prisoners
like Peltier
for reasons of self interest. Also challenged is the Commission's
refusal
to acknowledge Peltier's current health condition as a substantial
reason to
consider his release. Peltier is currently suffering from a condition
that,
according to prison officials, causes his jaw to be frozen open
13
millimeters.
Although government prosecutors have openly stated that there
was not enough
evidence to prove that Peltier was responsible for the deaths
of the two
agents killed during the 1975 shoot out on the Lakota Reservation,
the
Commission has ignored this and repeatedly refused to reconsider
parole,
stating that Peltier has not yet taken criminal responsibility
for the
deaths. After a December 1995 Interim Parole Hearing Review, the
Commission stated in its subsequent decision, "The Commission
recognizes
that the prosecution has conceded the lack of any direct evidence
that you
personally participated in the executions of the two FBI agents.
. . .
Later in the decision they stated that they would not reconsider
parole for
Peltier because of his, "evident decision not to accept criminal
responsibility. Peltier, who has always maintained his innocence,
is now
spending his twenty-fouth year in prison.
Get ready! As soon as we receive notice that there will be a court
hearing
we will need to mobilize to fill the court room.
HEALTH [Back
to Top]
Leonard Peltier is currently suffering from complications of a
previous
maxilla-facial surgery, which he underwent at the Springfield
Medical
facility in 1996. Because of this, he is in excruciating pain
everyday as
the pain in his jaw never subsides.
As a child Leonard stepped on a nail and got tetanus. This caused
him to
get lockjaw and he has had problems with his jaw ever since. He
also broke
his jaw once and it never healed correctly. This is why he was
transferred
to Springfield for surgery in 1996. Dr. Collins, one of the prison
doctors,
had recommended that Leonard be treated at the Mayo clinic in
Rochester
where there is a medical facility that regularly treats federal
prisoners
and is better equipped and employs more qualified specialists.
The prison
ignored this advice. Leonard underwent two unsuccessful surgeries,
and
during the second one he almost died. He was in a coma for fourteen
hours
after the surgery and his jaw is now in much worse condition than
before he
was treated.
Leonard cannot bite or chew his food because his jaw is frozen
open 13
millimeters. He cannot completely close or open his mouth. He
must eat by
forcing food through a gap in his front teeth and then mashing
it against
his front teeth with his tongue. The prison will not blend his
food. He
suffers from excruciating headaches, watery eyes and jaw pain
because of
this condition.
After the surgeries, Leonard was put in "the hole to recover,
which is a
cell that is six by eight feet long. It was infested with cockroaches
and
ants, he was only allowed a one inch pencil to write with, he
had to write
on the cement floor, and he was only allowed one phone call a
month. He was
not put in isolation because his behavior had warranted any type
of
disciplinary action.
One month after the surgeries, it became apparent to Leonard
that the
procedures were complete failures. He refused to go back to Springfield
for
a third surgery because of its inhumane conditions and medical
maltreatment.
Dr. Keller, a maxillofacial specialist at the Mayo Clinic, had
agreed to
treat Leonard in 1997, free of cost. But, the prison has steadfastly
refused his offer, despite the fact that there is a medical facility
for
federal prisoners near the Mayo Clinic where Leonard could be
treated in
compliance with prison security regulations. Up until March of
this year,
prison authorities insisted that Leonard be transferred back to
Springfield
for a third surgery. Of course, Leonard's worst fear is to be
transferred to
Springfield again.
On March 16 Leonard met with medical staff of Leavenworth and
Springfield.
They told him that there was nothing Springfield could do to help
him, and
the doctor who originally did his surgeries said he is not willing
to do any
more. This is a step forward because they have now officially
admitted that
Springfield cannot help him, a 180 degree change in what they
have been
saying for the last three years. However, this determination was
made
without the use of x-rays which would allow them to come to such
a
conclusion. No x-rays have been taken of Leonard's jaw since 1996.
On May 25th Leonard made a request for current x-rays of his jaw
which both
Dr. Keller and Leonard's lawyers need. Prison authorities are
denying even
this request, which is completely outrageous. Please write to
the Bureau of
Prisons and to the warden of Leavenworth to insist that Leonard
be granted
current x-rays of his jaw. (All relevant addresses listed under
the "HOW
CAN I HELP? link on this web site).
SAMPLE LETTER IN SUPPORT OF X-RAY REQUEST:
Dear Warden Booker,
I am a concerned citizen and supporter of inmate, Leonard Peltier,
#89637-132. I am aware that Mr. Peltier is suffering from a jaw
condition
which causes him great discomfort and difficulty in eating. I
have been
made aware that Mr. Peltier has made a request for current radiographs
and
C-T scans which will allow Dr. Keller of the Mayo Clinic to determine
whether his condition warrants treatment which Dr. Keller would
be willing
to give Mr. Peltier upon determining he is the right doctor to
do so. I
understand that these x-rays can be obtained in close vicinity
to USPL which
will cost the prison and tax payers such as myself, very little.
I hope that these x-rays will be taken in an expeditious manner
so that Mr.
Peltier's suffering can be alleviated. Thank you for your time.
Sincerely,
EXECUTIVE CLEMENCY [Back to Top]
In 1993 Attorney Ramsey Clark filed for executive clemency on
Leonard's
case. Normally it takes six to nine months for a clemency petition
to be
reviewed. It has been six years and we have heard nothing. The
only
response ever received from Clinton is a form letter of which
we have
hundreds, stating that it is still being reviewed by the department
of
justice. President Clinton has the authority to look into the
status of the
"review and he has the authority to grant clemency whenever
he chooses.
The Clinton administration has ignored letters and resolutions
from foreign
parliaments, letters from many prestigious people, and millions
of
signatures and letters from the people of the U.S. The government
admits
that they do not know what involvement Leonard may have had in
the agents,
deaths. It is an outrage that he is still in prison. Please continue
to
write Clinton and the Pardon Attorney, as well as your congressional
representatives. Inform them on Leonard's case and urge them to
write to
Clinton in support of Executive Clemency for Peltier.
CANADIAN EXTRADITION REPORT [Back to Top]
In 1989 Leonard appealed his extradition to the Canadian Supreme
Court.
Though they denied the appeal on a technicality, they admitted
that the
affidavits were fraudulent and one of the court's justices recommended
that
the Minister of Justice investigate the possibility that the extradition
was
illegally obtained.
In 1994 Leonard's final appeal was turned down. 55 MP's from Canada's
Parliament filed an unprecedented Amicus brief before that court
on Leonard,
s behalf. As a result of the publicity, then Canadian Minister
of Justice,
Allen Rock initiated an internal review of Leonard's extradition
by his
department officials. That process began in June of 1995. Approximately
one year later, he asked MP Warren Allmand to submit a report
to him after
reviewing the files pertaining to Leonard's extradition. Allmand
submitted
a report (which has never been made public) which stated that
there was no
evidence, other than the Poor Bear affidavits, that could have
been used to
extradite Peltier and that the Poor Bear affidavits were fraudulent.
He also
recommended that Minister Rock make a formal request for a new
trial or
clemency on Leonard's case. Minister Rock promised Warren Allmand
that the
findings of the review would be made public before he was to leave
office in
1997. He did not fulfill his promise leaving Leonard and his family,
friends, and supporters hanging. Opposition MP, Peter Mancini
has been
pressuring the Canadian government to face the fact that Leonard
should not
have been extradited and to release the findings of the review
ever since.
So, where does that leave us today? We have been urging the
current
Minister of Justice, Anne McLellan to release the report on the
internal
review of Leonard's extradition. Since that time the LPDC has
received some
confusing feed back regarding this request. Some say that there
is no
report despite the fact that "the report has been referred
to on numerous
occasions by the justice department, the Commissioner herself,
and the
privacy commissioner of Canada (who cleared public release of
the findings
on June 8, 1998). Many have said that this "report is Warren
Allmand's
report, but his name is not indicated on it and therefore it confuses
the
justice department when we ask for it. MP, Peter Mancini filed
an Access
to Information Request regarding the review and got a response
denying his
request and stating that there are 47 related documents being
withheld.
Since Leonard has already spent twenty-three years in prison
and since his
suffering is coupled by his severe jaw condition, we really do
not have time
to play games with this issue. In a letter from the Canadian Department
of
Justice dated January 16, 1998, Anne McLellan's Senior Policy
Advisor,
Michael Brown, stated, "the former Minister of Justice, the
Honourable Allan
Rock, asked that the Peltier case be reviewed by the Department
of Justice.
This departmental review has been completed, and Minister McLellan
is now
considering the results. I expect that the Minister will be in
a position
to respond to the issues raised in the review once she has had
an
opportunity to consider them carefully. THIS WAS OVER ONE YEAR
AGO!
Clearly the review was completed and the findings must constitute
some form.
Therefore we are now asking for THE FINDINGS of the internal review
on his
extradition to be released, whether this constitutes a report,
47 documents,
or both. We want all documents related to the investigation to
be released.
We are asking for the Minister of Justice, Anne McLellan to make
a formal
request to Janet Reno for Leonard to be freed as Warren Allmand
had
recommended and as obligated by US/Canadian treaty laws and Diplomatic
Protocols. We are asking for Warren Allmand's report, specifically,
to be
released as well.
You can help. Write to Canadian Minister of Justice, Anne McLellan
and to
the Canadian embassy, its consulates and diplomatic missions in
the US and
to the US embassy, its consulates and diplomatic missions in Canada.
(Additional information attached)
GETTING CASE BACK INTO COURTS [Back
to Top]
We are always looking for ways to enter Leonard's case back into
court. We
need research lawyers, law professors, and law students to try
to find ways
by which to do this. If you are interested in researching Leonard's
case
you may want to purchase The Trial of Leonard Peltier, and the
trial
transcripts. We also have the appeal decisions on disc, but we
still need
to get other relevant briefs, evidentiary hearings, etc. on the
computer"hopefully this will be done soon. If you find a
possible strategy
to get Leonard's case back into court, we will have you discuss
it with
trial attorneys Tony Serra, Carl Nadler, and Eric Seitz. Anyone
who is able
to find a way to get the case back into court will receive international
recognition in the legal community. Contact the LPDC for more
information.
CONGRESSIONAL HEARING INVESTIGATIONS
[Back to Top]
We are urging the Senate and Congress to hold an investigation
into the
judicial improprieties in Leonard's case. Ernie Stevens Jr., vice
president
of the National Congress of American Indians has recently been
in
correspondence with Ben Nighthorse Campbell, who reported that
he is urging
the Judiciary Committee to hold the hearings. Write, call, and
fax your
local elected officials to encourage them to do the same. If they
are on
the Judiciary Committee it is especially important to urge them
to hold the
hearings. Also encourage Ben Nighthorse Campbell to continue with
his
efforts. ( ADDRESSES AND CONTACT INFORMATION BELOW )
POSTERS AND NEWS PAPERS! SPREAD THE
WORD! [Back to Top]
We have a new 17x22 beautiful color poster featuring a current
image of
Leonard, that says, "The Indian Wars Are Not Over-Free Leonard
Peltier and
all Political Prisoners. On the side they say "Remember those
who didn,t
survive 1973-1976. This is followed by a list of the people who
were
murdered during the "reign of terror. Please have them posted
in
classrooms, tribal offices, activist offices, cafés, etc.
The posters can
be bought for five dollars each or at a discount price in bulk.
Shipping
and handling is an additional five dollars for an order of one
to ten
posters. (for bulk orders contact or email the LPDC to negotiate
cost)
We publish a bi-monthly newspaper featuring a statement from
Leonard
Peltier, photos of his art and articles on his case, current Indigenous
issues, environmental issues, and prison issues. This is a great
way to
keep up to date with his case and other important issues. It is
$15.00 per
year for US residents, $7.00 for seniors, $22.00 for over seas,
and free for
prisoners. Send your check or money order to the LPDC and encourage
others
to do the same.
AMNESTY INTERNATIONAL [Back to Top]
The LPDC has been lobbying Amnesty International to take a stronger
stance
on Leonard's case for many years. As a result our efforts have
finally been
successful. The following is a press release prepared by Amnesty
International, International Secretariat. The International Secretariat
is
taking a stronger stance on Leonard's case and by doing so allows
Amnesty
International Chapters to do much more than they were able to
do before.
Please network with your local AI chapter. You can ask them to
include
Leonard's case in their letter writing campaigns, help do joint
actions and
benefits, and get statements of support from them to help you
lobby local
officials. NOTE: Amnesty just put an international action on Leonard
which
will be received by one million people!
USA Amnesty International Calls for the Release of Leonard
Peltier
MINNEAPOLIS, MN, (April 16, 1999) Today Amnesty International
called for the
immediate and unconditional release of Leonard Peltier, and
Anishinabe-Lakota Indian and a leading member of the American
Indian
Movement (AIM). Peltier is serving two consecutive life sentences
in
Leavenworth Penitentiary for the murders of two Federal Bureau
of
Investigation (FBI) agents who were killed on the Pine Ridge Indian
Reservation in South Dakota in 1975.
Amnesty International had long expressed concerns about the
fairness of
Peltier's trial in 1977 and subsequent appeals and evidentiary
hearings: the
FBI knowingly used perjured testimony to obtain Peltier's extradition
from
Canada to the USA; Peltier's attorneys were denied the right to
call
relevant defense witnesses; and prosecutors withheld vital evidence.
Amnesty Inernational is concerned that Peltier's political activities
and
beliefs may have influenced the circumstances of his arrest and
subsequent
trial.
Leonard Peltier has now spent twenty-three years in prison.
Amnesty
International considers Peltier to be a political prisoner whose
avenues to
legal redress have long been exhausted. The US Government has
repeatedly
denied requests for a special executive review. Amnesty International
recognizes that a retrial is no longer a feasible option and believes
that
Peltier should be immediately and unconditionally released.
Source: Amnesty International, International Secretariat
The rights to the book have been purchased by two major publishers
in France
and Germany. It will be released in France on February 6, 2000.
We are
hoping that many other countries will do the same in order to
spread the
word around the world in many different languages.
NATIVE NATIONS SHOW SUPPORT
FOR PELTIER'S FREEDOM
[Back to Top]For
the first time, the Assembly of First Nations of Canada and the
National
Congress of American Indians of the United States held a joint
meeting in
Vancouver in honor of Tecumseh's vision. During the historical
July 21-23
conference, both organizations passed unanimous resolutions calling
for the
release of Leonard Peltier, a strong show of Native Nation's support.
INTERNATIONAL SUPPORT [Back to Top]
The International campaign is an important element in the movement
to free
Leonard Peltier and as the Peltier case gains notoriety, the International
campaign continues to grow. In February of 1999, the European
Parliament
passed its second resolution insisting that Leonard Peltier be
freed, that
he receive proper medical treatment, and that investigations into
his unjust
incarceration be held. In April, the former first lady of France
and the
president of France Libertes, Danielle Mitterrand came to the
U.S. on a fact
finding mission on the behalf of Leonard Peltier. She visited
Leonard
Peltier in prison and met with government officials on his behalf
as well.
During the same month, Archbishop Desmond Tutu made a public statement
on
behalf of Leonard Peltier and referred to his case as a "blot
on the
judicial system of this country that ought to be corrected as
quickly as
possible. Last October (1998) a written motion was introduced
by MP,
Laurence Dumont to the French Parliament asking for an official
intervention
in support of Executive Clemency and proper medical treatment
for Leonard
Peltier. Though the motion is still in process, the Minister of
Foreign
Affairs, Hubert Vedrine, recently stated in a April 19, 1999 letter,
"at my
personal demand, our Ambassador in Washington has recently called
to the
attention of his American counterpart at the State Department,
the case of
Leonard Peltier on humanitarian grounds.
British Parliamentarian, Tony Benn, introduced an early bird
motion to the
British House of Commons which, as of August 1999, twenty-nine
members had
signed on to. The motion calls on the President of the United
States to
release Peltier through a grant of Executive Clemency. MP Tony
Benn was an
important figure in the international campaign which helped to
win freedom
for Nelson Mandela.
During the 50th Anniversary of Universal Declaration of Human
Rights at the
Human Rights Defenders Summit in Paris, France, (in which Leonard
Peltier
was officially recognized as a human rights defender), Rigoberta
Menchu Tum
proposed to organize a joint fact finding mission of Nobel Peace
Prize
Laureates to visit Leonard Peltier in Leavenworth Penitentiary,
Kansas.
Rigoberta Menchu Tum is a Maya K,iche from Guatemala who won the
Nobel Peace
Prize in 1992 and is the Good Will Ambassador of UNESCO for the
International Decade for the Rights of Indigenous Peoples. Several
Nobel
Peace Prize Laureates have shown interest in attending. In a May
3, 1999
written statement of support to Leonard Peltier she confirmed
her commitment
for the delegation to come this year. "Your resistance is
an example for
all of us and I want you to know that from our Central American
region you
are always present in our prayers, our thoughts and our
earts. --Rigoberta Menchu Tum
Additionally, the LPDC is calling for a United Nations investigation
of both
Leonard Peltier's denial of proper medical treatment, and his
continued
incarceration. The continued incarceration and the denial of proper
medical
treatment to Leonard Peltier are violations of International Law
standards
created to protect all people from such discriminatory practices.
Therefore, we are asking that the UN Special Rapporteur on Torture
and a UN
representative from the Working Group on Arbitrary Detention come
to the
United States and carry out investigations. During the UN Working
Group on
Indigenous Peoples which occurred July 26-30, 1999 Bobby Castillo
and
Sylvain Duez-Alesandrini presented both aspects of Leonard's case
under
agenda item 6, the improvement of health conditions for Indigenous
Peoples,
and under agenda item 4, protection of human rights and fundamental
freedoms
of Indigenous Peoples. Bobby Castillo will again address the United
Nations
during the upcoming Working Group on Arbitrary Detention this
fall.
CLINTON VISITS PINE RIDGE-PEOPLE VOICE
SUPPORT FOR PELTIER
During president Clinton's visit to the Lakota Pine Ridge Reservation
July
7, 1999 many local people voiced their concern for Leonard Peltier.
A huge,
yellow banner stating, "IT's 1999 WHY IS LEONARD PELTIER
STILL IN PRISON?
hung in clear view for Clinton's arrival. Many held FREE PELTIER
signs and
chanted "Free Leonard Peltier during pauses in Clinton's
speech. A member
of the tribal council presented President Clinton with a copy
of Prison
Writings, My Life Is My Sun Dance and a letter from Leonard himself.
At
least two people shook hands with Clinton and asked him when he
was going to
free Peltier. The AP press covered the story and included a picture
of the
Peltier supporters with their signs and a caption stating, "Protesters
in
Pine Ridge, S.D., called for President Clinton to free Leonard
Peltier,
imprisoned for the shootings of two FBI agents in 1975. Reuters
made
mention of the shoot out in their story and referred to Leonard
Peltier as
an " international cause celebre. The Lincoln Journal Star
of Nebraska
included the visible support for Peltier during the Clinton visit
in their
story as well.
Edgar Bear Runner announced Clinton's visit at the recent June
25-27 Leonard
Peltier Organizing Conference and asked for supporters to come
to Pine Ridge
if possible. Some from Nebraska and even as far as Texas went
to Pine Ridge
to support these efforts. At the end of Clinton's speech Edgar
yelled, "In
the name of Justice and Human Rights, Free Leonard Peltier! Leonard
asks
us to express his thanks and love for this effort.
According to Bear Runner, Senator Tom Daschle, who signed the
recent
transfer of Lakota land to the state of South Dakota and accompanied
Clinton, was booed and received little applause from the people
in
attendance. Jesse Jackson was given a Free Peltier button and
when asked
what he would do to help Leonard, he replied, "whatever I
can."
Reason For Outrage [Back to Top]
Canadian Government Continues to Assist the
U.S. in Obstructing Justice
In the Peltier Case
On May 5, 1999 Canadian Minister of Justice,
Anne McLellan stated to the
press that she would soon release the results of the internal
review of the
Peltier extradition but that she wanted to make clear that there
was "no
evidence of any fraud in the extradition process and that "without
the
(controversial) affidavits there was sufficient evidence to justify
extradition. She also stated that she had been waiting for the
U.S.
government to give her permission to release the results and she
received
that permission on Wednesday. She then stated that "It will
be a case of
simply compiling the entire file and providing it.
The fact that Anne McLellan has straight forwardly
stated that there was no
fraud in Peltier's extradition should very well be a large embarrassment
to
the Canadian Government and an outrage to the people of Canada.
Several U.S.
and Canadian government officials including Senior Court Judges
have
referred to the extradition as a shameful use of government misconduct.
As
Warren Allmand, the former Solicitor General of Canada who played
an
important role in the review of the extradition has repeatedly
stated, "once
the Myrtle Poor [Bear] affidavit was found fraudulent, there was
absolutely
no other evidence to support the extradition. Additionally, the
8th
Circuit Court of Appeals in its 1978 decision affiriming Peltier's
conviction, stated that, "the use of the affidavits of Myrtle
Poor Bear in
the extradition proceedings was, to say the least, a clear abuse
of the
investigative process by the F.B.I.
McLellan's statement reflects the willingness
of the Canadian Government to
acquiesce to what ever it is the U.S. government wants them to
do, say, and
not say. Knowing that McLellan had to wait for the permission
of the U.S.
to release the results of the review, coupled with the fact that
she has
made totally unfounded and false statements, we would be foolish
to now
trust her to fairly interpret the documents which constitute the
review and
release this information. We want the documents released so we
can see them
for ourselves and we will not allow this attempt to further obstruct
justice
in the Peltier case discourage our efforts to have the truth be
dealt with.
The cooperation between Canadian and U.S. government
officials to obstruct
justice in the Peltier case is nothing new. The Canadian Government
appointed one of its own prosecutors, Paul Halprin, to represent
the U.S. in
its attempts to extradite Peltier from Canada in 1976. Halprin
was able to
provide U.S. officials with knowledge of what would and would
not be
successful in their attempts to extradite Peltier. Further, he
involved
himself in the manipulation of evidence presented to the Canadian
Court in
order to ensure Peltier's successful extradition. According to
FBI
documents, Halprin not only knew that there were conflicting affidavits
from
Poor Bear, he also advised that they be used with the elimination
of the
contradicting one. If indeed all three affidavits had been submitted
to the
Canadian Court, it would have rendered the affidavits one hundred
percent
useless. Of course Canada was under a lot of pressure to extradite
Peltier,
as even Secretary of State, Henry Kissinger eventually became
involved.
Peltier was arrested in Canada on February
6, 1976 and from the beginning
(according to FBI documents) Halprin had advised the FBI that
they did not
have enough evidence to extradite Peltier for the murders of the
agents.
Halprin also made it clear to the FBI that, legally, Peltier could
ONLY be
tried for what he was extradited for. If they did not come up
with enough
evidence, they would be unable to prosecute him for the murders
of the
agents in the U.S. In an FBI teletype it was stated that, "Halprin,
after
being furnished all details as requested continued his adamance
in
proceeding solely on the Milwaukee charges. It was only after
considerable
pressure and direction by those attending the meeting that Halprin
acquiesced to proceed on all charges. On February 12, 1976 a warrant
was
issued for all charges. The only evidence regarding the FBI agents,
murders
presented consisted solely of alleged links between Peltier and
various
items of physical evidence from the scene. Such evidence included
a single
thumb print on a used paper bag (which contained many other prints)
found in
Oregon which allegedly contained Coler's gun. At this time there
were no
eyewitnesses and no mention of Myrtle Poor Bear was made.
Perhaps this is why the extradition proceedings
did not take place until
several weeks later, after Halprin met with FBI officials and
US prosecutors
in Rapid City. The contents of the FBI report which documents
this meeting
is almost totally blacked out for reasons of "national security.
However
it was later established and documented that it was during this
meeting that
Halprin advised the FBI and US Prosecutors regarding the use of
the Poor
Bear affidavits. The extradition proceeding began on May 3, 1976.
Two out
of the three Poor Bear affidavits were submitted. The court ordered
Peltier
extradited on June 18, 1976.
Peltier was extradited for: 1. Attempted murder
of police officer Ronald
Hlavinka in Milwaukee, on Nov. 22, 1972; 2. Murder of SA Ronald
Williams
on Pine Ridge, June 26, 1975; 3. Murder of SA Jack Coler on Pine
Ridge,
June 26, 1975; 4. Burglary near Nyssa, Ontario, Nov. 15, 1975.
The only
charges that are relevant to the extradition today are the FBI
agents murder
charges. The charges for the burglary were dropped due to lack
of evidence
and Peltier was found innocent on the attempted murder charges.
Clearly there was not enough evidence to extradite
Peltier on the charges of
the FBI murders without the Poor Bear affidavits. Eight Circuit
Court of
Appeals Judge Ross stated during Peltier's first appeal, "what
happened
happened in such a way that it gives some credence to the claim
of the
Indian people that the United States is willing to resort to any
tactic in
order to bring somebody back to the United States from Canada.
And if they
are willing to do that, they must be willing to fabricate other
evidence.
And it's no wonder that they are unhappy and disbelieve the things
that
happened in our courts when things like this happen. Eight Circuit
Court
of Appeals Judge Heaney who heard Peltier's second appeal later
referred to
tactics used to extradite Peltier as disgraceful. Several Canadian
MP's and
US Congress and Senate people have referred to the extradition
in similar
fashions.
We must continue to pressure Anne McLellan
to release the results of the
review as well as all related documents, including Warren Allmand's
report.
If you are not in Canada, call, fax, email, and visit the nearest
Canadian
embassy, consulate, trade mission or their representative branch
and of
course Anne McLellan to express your reaction to the above information.
If
you are in Canada, continue contacting McLellan as well as other
government
officials to demand the release of the results and all documents
related to
the review of the Peltier extradition. Leonard Peltier, his attorneys
and
his supporters need to view these documents for an independant
assessment.
Luis Rosa, former Leavenworth Pol. Pris. spe aks about Leonard Peltier [Back to Top]
A Leonard Peltier Defense Committee interview with Luis Rosa,
former Puerto
Rican political prisoner, one day after his release from Leavenworth
federal
penitentiary"September 10, 1999
LPDC Congratulations on your release and thank you very much
for taking the
time to call us. We know that it was a very difficult decision
that you and
the other prisoners were faced with in regard to President Clinton,s
offer
to release you under such restrictive and unjustified conditions.
Would you
mind talking a little bit about the process you all went through
in making
the decision you did as well as what your apprehensions might
be now that
you are out, but still not free?
LR The conditions was something that for years we had said
we would not
accept"We knew what the political motives were behind them.
These
conditions attempted to strip our voice for the liberation of
Puerto
Rico"the conditions said that we could not associate with
each other or
partake in the political process in violation of our civil rights.
This is
what we had a problem with"the condition of renouncing violence
was no
problem. We issued a statement in 1997 where we did renounce violence
and
we were self critical about any harm or injuries that our movement
had ever
caused to anyone. To make our decision, we had to enter into a
discussion
through conference calls and I looked to my elders, Leonard Peltier
and Jaan
Laaman, and Ernie Santiago"Fernando Torres. I ran it through
them and
sought their opinions to reach the decision"I was really
against accepting
the conditions right up until the last minute"but the unified
position of
the prisoners was that we come out"I was really proud of
my comrades though,
it would have been easy to just take the offer right away after
spending
twenty years in prison"but we decided that everyone would
either sign or
everyone would stay"we took our time to make a decision--and
we had the
blessings of those who did not want to sign to go ahead and do
so.
LPDC Of course, you know that Leonard,s supporters have been
watching, and
following what has been going on politically with this because
we too have
been asking for clemency from Clinton and we know that Leonard
could be
faced with a similar type of decision one day. A lot of us have
been
calling the White House and asking them to drop the conditions
on your
release. Though the deal you all received was bad, we were still
pretty
surprised that Clinton would be willing to release you at all,
knowing his
track record over the years. Can you tell us, what did your network
do
right, what do you think it is that really made him release you?
LR I have to give my thanks to the National Committee and the
National
Liberation Movement and the human rights groups in Puerto Rico"Jan
Sussler
and Michael Doiche"who did not rest until we were out"I
really think the
catalyst was that all sectors of society were involved"including
groups in
Europe and Africa"workers unions of Puerto Ricans, students"the
ability to
touch every sector of society"the effort was not divided
by political
ideology"when it came to the prisoners, the only goal was
our release. When
we made this decision we were especially thinking about the other
prisoners,
especially Leonard Peltier"even if we come out with these
conditions, people
will see us"we will adhere to the conditions"we will
show that we can
reintegrate into the political arena with no reprisals"we
knew the negative
campaign would be there"it surpassed the viciousness we expected"we
can turn
it around with our conduct though, and open doors for others .
We can prove
them wrong.
LPDC We work with a lot of former prisoners and we know that
one of hardest
things for them, once they are out, is the thought and the knowledge
that
many of their brothers and sisters are still inside. A lot of
prisoners
subscribe to this news paper, is there any message that you would
like to
send out to them today?
LR Greetings, and my strongest revolutionary embrace to all of
them. When
we came out, we took a part of every political prisoner out with
us"and we
left a part of ourselves inside with them. We are not going to
rest until
all of the prisoners are out"hopefully our voice will contribute
to the
freedom of every political prisoner. I want to thank every political
prisoner and prisoner of war for their embraces, love and inspiration,
and
we want them to know that we want to be a service to them.
LPDC While you were in prison did you ever feel like there
was pressure on
you to have to live up to an image, or a perception that activists
have of
political prisoners? Are there any misconceptions about what it
means to be
a political prisoner that you would like to clear up?
LR Living up to the image"we live up to our own principles"not
a dress or a
suit we put on it is the fabric of who we are"when people
see us"we don,t
stand out"we don,t, walk with our heads up higher--with well
manicured
images"we are known for our consistency"when there is
an issue we step
forward"we use our voice when there is abuse"we are
known for our
humility"our willingness to help others. If you look at the
conduct of all
political prisoners"it is not one of arrogance but one of
a person who sits
back and listens before he speaks and appreciates the opinions
of others and
can learn and be willing to teach. It is a misconception that
we walk too
straight of a line with no time for humor or sports or for leisure"the
last
thing I did before I left is play hand ball with Leonard and eat
with
Leonard"we joked and played practical jokes on each other"laughter
is what
inspires us the most and you know, Leonard is one of the biggest
jokers in
there.
LPDC yeah, he makes us laugh here at the LPDC too"he really
keeps us
going"he calls and cheers us up when we are feeling frustrated"you
would
think it would be our job to do that for him.
LR That,s the other thing, we nourish ourselves from you"it,s
a mutual
thing"we are not just the inspiration for you"we get
it from you all"in
spirit and physically from the love we feel from you out there"we
may be
down and we make a phone call"we are picked up"I have
done work for
political prisoners before"you don,t see the fruit right
away"you can get
discouraged"you lack confidence to do something new, something
that will
maybe make a spark to get out of the routine of going to a march
or doing
the same old activity"you need that lift"it goes both
ways.
LPDC I remember when the National Committee was organizing
the tour to free
all Puerto Rican Political Prisoners and Prisoners Of War and
they were
going to each prison to demonstrate. There was a small protest
for your
release outside of Leavenworth and you were put in the hole soon
afterwards.
Are you able to tell us what happened that day? Do you suggest
that
supporters not hold demonstrations in front of the prison where
the
prisoners are being held?
LR I was having a visit during the demonstration and afterward,
the warden
said, "the captain has ordered you to segregation, and I
said, "why? He
said, "I don,t know. Later he said it was because of the
demonstration, so
I said "what does that have to do with me? He said, "
Well, someone made a
gesture"an obscene gesture"but, I know it is out of
character of your
committee, so you will be out tomorrow. But they didn,t let me
out"I spent
two weeks in there. Afterwards, we were self critical about that"the
person
who had made the gesture apologized"so we have to be careful"We
have to keep
ourselves in line and we have to be consistent with the character
of the
prisoner who we represent"we have to show discipline or you
can jeopardize
the prisoner"just remember everything done outside has an
effect on the
inside"if it gets roudy out there"it,s gonna get roudy
for us inside. We
have to remember that people can be won over. Some of our brothers
went
home to Puerto Rico, when they got off the plane"even the
police and
security were helping them"even they were in tears"people
can be won over
like that"most of the time it depends on the character and
the disposition
of the people doing the work"even the warden said"he
knew that behavior was
out of character for us.
LPDC Can you tell Leonard,s supporters how he is treated inside?
LR For a while now he has had this problem with his jaw"and
he has been
denied the kind of treatment he needs"it really concerns
us
greatly"hopefully soon he will get the medical attention
he needs. The
administration is going to treat Leonard Peltier like any other
political
prisoner"they will be cautious yet vigilant"certain
things others can get
away with we can,t. Leonard Peltier is loved by the other prisoners,
he is
surrounded by people who love him and he is well respected inside
by them.
LPDC Thank you Luis and congratulations again on your release.
Is there
anything else you would like to add?
LR Yeah, once Leonard took me to a sweat and it was the greatest
experience
I ever had"it was incredible"Although I didn,t appreciate
that he brought in
all the rocks at one time (laugh)"no, I love Leonard"when
he gets out I
asked him to come spend some time with me in Puerto Rico too.
LR Thank you and LOVE to all"I will serve as best as I can.
Trent Lott wants broad investigation of the FBI
Please address the following to your Senators and Congressional
Reps along
with a short, personal note from yourself. Please send it and
fax it to
them right away. Please cc copies to Janet Reno, the media and
all other
relevant government officials and agencies. You might want to
down load the
"statement of FAQ" from our website to send along with
it. Let's jump on
this while it's hot!!! Thank you!
----LPDC
Meanwhile, Senate Majority Leader Trent Lott said that renewed
congressional
inquiries into Waco should expand to other instances in which
Justice
Department officials may have withheld information about government
conduct.
"I think it,s going to have to be broader than just Waco
itself, said Lott,
a Mississippi Republican. "There are a number of investigations
that they
are basically either not doing or they have stiffed us on. So
we need to
find out what,s going on. ---AP press
RESPOND!!!
Dear members of congress,
We are very encouraged that Senator Trent Lott recognizes the
need for
congressional inquiries to expand beyond FBI misconduct in regard
to Waco
and we agree that there have been numerous incidences and patterns
of FBI
misconduct that have remained unanswered, uninvestigated, and
unaccounted
for. Meanwhile, victims of such continue to await justice and
we, the
American public, are asking you to take immediate action.
We wish to bring to your attention to a particularly urgent
and disturbing
example, that being the ongoing incarceration of Native American
activist,
Leonard Peltier who has been in prison for some twenty-three years.
Mr.
Peltier, convicted for the shooting deaths of two FBI agents on
the Pine
Ridge Reservation, has been declared a political prisoner by Amnesty
International who is demanding his immediate and unconditional
release.
The pattern of FBI misconduct involved with the investigation,
extradition
from Canada, and trial of Leonard Peltier is well documented.
Senior court
judges, members of congress, and human rights watch groups alike
have
repeatedly admonished the FBI for their handling of the Peltier
case.
However, no action by the justice department or congress has ever
been taken
to remedy or hold the FBI accountable for their shocking abuse
of power and
secrecy which has cost several Native Americans their lives ,
and has left
the life of Leonard Peltier in the balance.
From the beginning, the FBI has withheld information that both
documents
their misconduct and establishes Mr. Peltier,s innocence. Today
the FBI
continues this pattern by withholding 6000 documents relating
to the Peltier
case for reasons of "National Security.
.Mr. Leonard Peltier was extradited from Canada on the basis
of an affidavit
signed by a Myrtle Poor Bear, a local Native American woman known
to have
serious mental problems. She claimed to have been Mr. Peltier,s
girl friend
at the time, and to have been present during the shoot out, and
to have
witnessed the murders. In fact she did not know Mr. Peltier, nor
was she
present at the time of the shooting. She later confessed she had
given the
false statement after being pressured and terrorized by FBI agents.
A third
Poor Bear affidavit which had clearly contradicted the two used
to extradite
Leonard Peltier had been withheld by the FBI. Upon hearing this
issue on
appeal, the 8th circuit court stated, "the use of the affidavits
of Myrtle
Poor Bear in the extradition proceedings was, to say the least,
a clear
abuse of the investigative process by the F.B.I. No action has
ever been
taken to hold the FBI accountable for this illegal conduct.
Freedom of Information Act documents which were released, revealed
that the
main evidence used to convict Mr. Peltier had in fact been manufactured
and
exculpatory evidence relating to it, withheld. On appeal, the
8th circuit
stated "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
appeal was denied and Mr. Peltier remains in prison. (When faced
with the
above, U.S. prosecutor, Lynn Crooks admitted and later established
that they
could not prove who killed the agents.)
Prior to the shoot-out which led up to Mr. Peltier,s conviction,
the Senate
Select Committee on Intelligence had set forth an investigation
into FBI
activities and misconduct on the Pine Ridge Reservation where
the shoot out
took place. But, after the two agents were killed this investigation
was
brought to a halt and never reconvened.
Today we are asking that the U.S. congress include the Peltier
case in it,s
investigation of FBI abuses. We insist that the remaining 6000
documents
still being withheld from Mr. Peltier, be released to Congress,
to Mr.
Peltier, and to his attorneys. We request that the U.S. Congress
continue
its investigation into the FBI,s role in the massive violence
and loss of
life that took place on the Pine Ridge Reservation between 1973
and 1976.
CNN will play a special on Leonard Peltier--Oct 10
CNN will be airing a new special on Leonard Peltier on Sunday,
October 10th
at 9pm eastern time and it will replay at midnight. It's the first
time in
quite a while since any one has done a special. Check it out!!!!
Help for Nov 3rd-Freedom Month
Below is a letter written to everyone who signed up for the
possible
reenactment of the Wounded Knee massacre during Leonard Peltier
Freedom
Month in DC. We have decided to have an Honoring of Native Lives
on
November 3rd instead of a commemoration. We still need more participants.
Please read this letter and let us know if you can be in DC on
the 3rd to
help. Thanks!
LPDC
October 6, 1999
Dear Friends,
We are quickly approaching the November 1999 Leonard Peltier
Freedom Month
campaign in Washington DC. So far we are very pleased with the
response and
support that has been coming in nationwide. Enclosed is the preliminary
calendar for the month.
You will see that Honoring Native Lives is scheduled on November
3rd. We
need everyone who signed up for the reenactment of the Wounded
Knee Massacre
to be in Washington DC on the 3rd if at all possible. The LPDC
and our
advisory council have been trying to come up with a way that we
could
publicize the many, many, unjustified losses of Native lives while
being
very careful to respect and honor the families and friends of
those who
died. Here is what we came up with. We have invited descendants
of the
people killed during the Wounded Knee massacre, Wounded Knee II
veterans,
and survivors of the reign of terror to partake in a ceremony
and to speak
in honor of those who gave their lives for their people. This
will be
followed by a short play of Wounded Knee II, which will be performed
in the
square. Now, here is where you come in. . . we need 64 people
to hold signs
that each have a picture and the name of reign of terror victims.
We will
hold an hour of silence for the victims while everyone stands
holding the
signs. If possible, we will then form into a procession and add
the names,
one by one, onto a model memorial wall. Through out the rest of
the month
others will add names of their loved ones to the wall as well.
We have
decided not to organize Civil Disobedience during this day.
Please make every effort to come early for the November 1st
opening because
this is the day we will need the strongest show of support. All
participants of the November 3rd event can stay in a nearby church,
which
will be available from the 31st until the 3rd. We should meet
the evening
before hand to go over the November 3rd program. Please confirm
your
attendance by returning the bottom of this letter. We still need
more
people for the November 3rd activities. You can copy this letter
and
encourage others to come and participate. Please respond as soon
as
possible. Thank you again and we will see you soon!
In Solidarity,
The LPDC
Name______________________________ Phone #____________________
___Yes, I will be in DC for November 3rd
___Yes, I can meet on November 2nd to go over the program
___Yes, I will need a place to sleep
The Leonard Peltier Defense Committee is in dire need of funds. Please consider making a donation to help free this innocent man. No amount is too small. Please send checks or money orders to LPDC, PO Box 583, Lawrence, KS 66044. Thank you!
Questions or problems regarding this page are
welcome.
Inquiries can be directed to comet182@bigfoot.com
OR: Leonard Peltier Defense Committee
Last modified: 10/28/99 Comet
