'Please Do What Is Right': Native American Lawmakers Urge Biden To Free Leonard Peltier

The ailing Indigenous rights activist, who is 77, "deserves to live his final years among his people," say dozens of Native state legislators.


Jennifer Bendery
02/01/2022 
Leaders of the National Caucus of Native American State Legislators wrote to President Joe Biden on Monday urging him to release Leonard Peltier from prison, warning that the 77-year-old Indigenous rights activist is in poor health and deserves ”to live his final years among his people in dignity.”

“Mr. President, please do what is right,” reads the message from New Mexico state Sen. Benny Shendo (D) and North Dakota state Rep. Ruth Buffalo (D), the chair and vice-chair of the caucus, respectively. The caucus represents 89 Native American state legislators from 21 states.

“Amid our country’s racial reckoning after George Floyd’s murder, Native Americans have not yet been included in any promise of federal justice reform. Your clemency towards Mr. Peltier would change that,” Shendo and Buffalo wrote. “His expected release would sound as a promise to the first peoples of these lands that we too enjoy America’s promise of justice for all.”

“Our communities have suffered enough,” they added. “Please prioritize equity.”

Peltier has been in prison for 45 years without any evidence that he committed a crime. The FBI and U.S. Attorney’s Office charged him with the 1975 murders of two FBI agents during a shootout on a Native American reservation ― something Peltier has long said he didn’t do, even when taking responsibility for the killings could have meant parole for him. His trial was riddled with misconduct, and even the U.S. attorney who helped put Peltier in prison decades ago is now pleading with Biden to grant him clemency because, he says, federal officials never had evidence that he committed a crime.

On Friday, Peltier tested positive for COVID-19. He is currently in quarantine.

His COVID status has only intensified the calls from supporters and elected officials to let him go home. Sen. Brian Schatz (D-Hawaii), chairman of the Senate Indian Affairs Committee, last week urged Biden to commute Peltier’s sentence given his age, illness and time served. Sen. Patrick Leahy (D-Vt.), the former longtime chair of the Senate Judiciary Committee and the longest-serving member of the Senate, has also called on Biden to send Peltier home.

Actor Danny DeVito on Monday joined the calls for Peltier’s release.

“President Joe Biden. Please let Leonard Pleltier [sic] go. You can do it man. Pick up that pen,” he tweeted.

President Joe Biden. Please let Leonard Pleltier go. You can do it man. Pick up that pen.— Danny DeVito (@DannyDeVito) January 31, 2022

Peltier told HuffPost last week that his prison facility’s prolonged COVID-19 lockdowns, and its failure to provide booster shots to inmates, have left him ― and likely others ― unbearably isolated and preparing for death. He is particularly vulnerable to COVID’s effects given his existing serious health problems, including diabetes and an abdominal aortic aneurysm.

“I’m in hell,” he said, days before his COVID diagnosis. “Left alone and without attention is like a torture chamber for the sick and old.”

Buffalo said Tuesday that members of her caucus “understand fully the sense of urgency” in protecting elderly loved ones from COVID, particularly if they are in prison. Native Americans are more than twice as likely to die from COVID as white Americans, per the Centers for Disease Control and Prevention, and are incarcerated at a much higher rate than the national average.

“Add inhumane living conditions, and prison guards who don’t follow CDC guidelines, [and] it is a recipe for disaster,” Buffalo told HuffPost. “Even if Mr. Peltier had not been convicted under contested circumstances, his advanced age, ill health and the amount of time he’s served ought to be enough to reconsider his circumstances. We are beyond the stage of making an example, and sheer human compassion and clemency urgently needs to be considered.”

Here’s a copy of the letter to Biden from the National Caucus of Native American State Legislators:           61f99a49e4b0b69cfe86ed26.pdf (google.com)

A White House spokesperson did not immediately respond to a request for comment.

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Leonard Peltier Is America's Longest-Serving Political Prisoner. Biden Is Likely His Last Hope.

Leonard Peltier Tests Positive For COVID-19

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BREAKING NEWS: Leonard Peltier Tests Positive for Covid-19



Free Leonard Peltier sign at Standing Rock camp in Dec. 2016.

 (Photo/Levi Rickert)

BY LEVI RICKERT JANUARY 29, 2022

American Indian activist Leonard Peltier (Turtle Mountain Band of Chippewa Indians), has tested positive for COVID-19 at the Coleman Federal Correctional Complex in Florida. Peltier is 77-years-old.

“Today, Leonard tested positive for COVID,” Peltier’s attorney Kevin Sharp told HuffPost late Friday. “We are all very concerned, as is Leonard. He wanted people to know that he sends his love and appreciation for the years everyone has fought for him."

According to the HuffPost article, Peltier has not received his vaccination booster shot.

Peltier’s health has long been a concern for those seeking his release from prison for his conviction of killing two FBI agents at Oglala on the Pine Ridge Indian Reservation in 1975. He suffers from heart problems and diabetes.

Supporters believe that Peltier was wrongfully convicted in 1977 for a crime he did not commit. Imprisoned for more than 46 years, Peltier has the support of Amnesty International, and other human rights organizations. Over the years, some 50 members of Congress and others — including Judge Gerald Heaney (8th Circuit Court of Appeals) who sat as a member of the court in two of Peltier’s appeals — have called for his immediate release.

Peltier's COVID-19 diagnosis comes just two days after the chairman of the U.S. Senate Committee on Indian Affairs, Sen. Brian Schatz (D-Hawai‘i), sent a letter to President Joe Biden that urged the president to commute the Peltier's sentence.

Leonard Peltier (Photo/Courtesy

Schatz cites Peltier’s advanced age, illness, and a loophole in current laws that unfairly disqualifies Peltier from compassionate release. While legislation led by Schatz to fix the loophole continues to be considered in Congress, that process can take years – time Peltier may not have.

“I commend your administration’s commitment to righting past wrongs in our criminal justice system. In continuing that work as you consider recommendations for individuals to receive clemency, I write to urge you to grant a commutation of Leonard Peltier’s sentence. Mr. Peltier meets appropriate criteria for commutation: (1) his old age and critical illness, (2) the amount of time he has already served, and (3) the unavailability of other remedies. Given these factors, Mr. Peltier should be granted a commutation of his sentence,” Chairman Schatz wrote in his letter to President Biden. “Mr. Peltier has consistently maintained his innocence because the facts of his case, as well as the actions of federal agents and prosecutors involved, raise serious questions about whether he received a fair trial.”

During the daily White House press briefing on Thursday a reporter asked Press Secretary Jen Psaki about Sen. Schatz's letter in the following exchange:

"REPORTER: Yesterday, Senator Schatz, who chairs the Senate Indian Affairs Committee, wrote to the President, asking him to commute the sentence of Leonard Peltier, a Native American activist who was convicted of murder in a very controversial trial about four decades ago. Is that something the President is considering or taking a look at, at this time?

MS. PSAKI: I don’t have anything to predict for you on that front."

Editor's Note: This is a developing story that will be updated as more news becomes available.

President Biden: Enough is Enough, Free Leonard Peltier

BY LEVI RICKERT 

 

JANUARY 30, 2022

The long and sad imprisonment of Leonard Peltier (Turtle Mountain Chippewa Nation) took on a new complication on Friday when it was reported he tested positive for COVID-19 while incarcerated at the United States Penitentiary at Coleman, Fla. (USP Coleman 1).

Prison is not a great place to have COVID-19, especially if you are a 77-year-old man with comorbidities that include diabetes, hypertension, a heart condition and acute aneurysm, such as Peltier.

The Prison Policy Initiative reported in October 2021 that the COVID-19 death rate in prisons is more than double that of the general U.S. population, as calculated by the UCLA COVID-19 Behind Bars Data Project

Peltier has been incarcerated for 46 years for the killing of two FBI agents at Oglala on the Pine Ridge Indian Reservation in South Dakota in 1975.

To many American Indians, Peltier is a symbol of an oppressive federal system that relegates Native people to apartheid and neglect. He is a political prisoner that we may only think about if we happen to see a bumper sticker on the back of a vehicle that reads “FREE Leonard Peltier.”

The International Leonard Peltier Defense Committee (ILPDC) on Saturday afternoon distributed a news release saying the federal prisons acted recklessly in regard to Peltier’s care. Peltier has yet to receive a COVID-19 booster shot, 11 months after his last vaccination.

The ILPDC noted in its news release that visitors to USP Coleman 1 have observed that the facility is not mandating vaccines for guards or staff. Guards and staff have been seen improperly wearing masks or not wearing them at all. Social distancing was not encouraged or enforced and booster shots had not, until recently, been available to any inmate at USP Coleman 1.

Soon after the onset of the COVID-19 pandemic, then U.S. Attorney General William Barr issued U.S. Department of Justice guidelines for COVID Release to Home Confinement for inmates who were elderly or with compromised immune system or co-morbidities on March 26 and again, April 3, 2020.

Peltier’s age and comorbidities unequivocally make him eligible for home release under Department of Justice guidelines. Peltier’s tribal community on the Turtle Mountain Indian Reservation in North Dakota has repeatedly expressed willingness to ensure he is provided adequate housing there.

Senate Committee on Indian Affairs Chairman Sen. Brian Schatz (D-Hawai‘i), sent a letter to President Joe Biden last Wednesday urging him to commute Peltier's sentence. 

“I commend your administration’s commitment to righting past wrongs in our criminal justice system. In continuing that work as you consider recommendations for individuals to receive clemency, I write to urge you to grant a commutation of Leonard Peltier’s sentence. Mr. Peltier meets appropriate criteria for commutation: (1) his old age and critical illness, (2) the amount of time he has served, and (3) the unavailability of other remedies. Given these factors, Mr. Peltier should be granted a commutation of his sentence,” Chairman Schatz wrote.

Leonard Peltier (Photo/Courtesy)

Beyond Peltier’s current battle with COVID-19, the White House needs to review Peltier’s 1977 case, in which two of his co-defendants were acquitted on the basis of self-defense against the FBI.

Peltier was tried separately from his co-defendants.

According to Kevin Sharp, former Chief Judge for the U.S. District Court for the Middle District of Tennessee, who Peltier’s current attorney, Peltier’s trial was replete with prosecutorial misconduct, falsified testimony and fabricated evidence. Even the autopsy presented to the jury was done by an examiner who had never seen the bodies of the two agents.

The former U.S. Attorney for the Northern District of Iowa, James H. Reynolds, who supervised the post-trial sentencing and appeals, admitted they “shaved a few corners” and “we could not prove Leonard Peltier personally committed any crime on the Pine Ridge Reservation” said in a letter to President Biden last year.

Reynolds wrote “enough is enough.”

On behalf of all Indigenous people in the U.S. and across the globe, enough is enough. We call on President Biden to commute the sentence of Leonard Peltier.

FREE PELTIER!

U$ POITICAL PRISONER

What to know about Indigenous activist Leonard Peltier’s first hearing in more than a decade


American Indian activist Leonard Peltier speaks during an interview at the U.S. Penitentiary at Leavenworth, Kan., April 29, 1999. Peltier, who has spent most of his life in prison in the 1975 killings of two FBI agents in South Dakota, has a parole hearing Monday, June 10, 2024, at a federal prison in Florida. (Joe Ledford/The Kansas City Star via AP, File)

An unidentified FBI agent, one of the nearly 500 current and retired FBI agents protesting clemency for Leonard Peltier, marches toward the White House, Friday, Dec. 15, 2000, holding an image of two FBI agents, Ron Williams and Jack Coler, who were killed on the Pine Ridge Indian reservation in South Dakota in 1975. Peltier, who has spent most of his life in prison for the killings, has a parole hearing Monday, June 10, 2024, at a federal prison in Florida. (AP Photo/Hillery Smith Garrison, File)

BY HEATHER HOLLINGSWORTH AND JACK DURA
 June 9, 2024

Indigenous activist Leonard Peltier, who has spent most of his life in prison since his conviction in the 1975 killings of two FBI agents in South Dakota, has a parole hearing Monday at a federal prison in Florida.

At 79, his health is failing, and if this parole request is denied, it might be a decade or more before it is considered again, said his attorney Kevin Sharp, a former federal judge. Sharp and other supporters have long argued that Peltier was wrongly convicted and say now that this effort may be his last chance at freedom.

“This whole entire hearing is a battle for his life,” said Nick Tilsen, president and CEO of the NDN Collective, an Indigenous-led advocacy group. “It’s time for him to come home.”

The FBI and its current and former agents dispute the claims of innocence. The fight for Peltier’s freedom, which is embroiled in the Indigenous rights movements, remains so robust nearly half a century later that “Free Peltier” T-shirts and caps are still hawked online.

“It may be kind of cultish to take his side as some kind of a hero. But he’s certainly not that; he’s a cold blooded murderer,” said Mike Clark, president of the Society of Former Special Agents of the FBI, in a letter arguing that Peltier should remain incarcerated.

Here are some things to know about the case.

WHAT HAPPENED IN THE ‘70S?

An enrolled member of the Turtle Mountain Chippewa tribe, Peltier was active in the American Indian Movement, which began in the 1960s as a local organization in Minneapolis that grappled with issues of police brutality and discrimination against Native Americans. It quickly became a national force.

AIM grabbed headlines in 1973 when it took over the village of Wounded Knee on the Pine Ridge reservation, leading to a 71-day standoff with federal agents. Tensions between AIM and the government remained high for years.

The FBI considered AIM an extremist organization, and planted spies and snitches in the group. Sharp blamed the government for creating what he described as a “powder keg” that exploded on June 26, 1975.


That’s the day agents came to Pine Ridge to serve arrest warrants amid ongoing battles over Native treaty rights and self-determination.

After being injured in a shootout, agents Jack Coler and Ronald Williams were shot in the head at point-blank range. Also killed in the shootout was AIM member Joseph Stuntz. The Justice Department concluded that a law enforcement sniper killed Stuntz.

Two other AIM members, Robert Robideau and Dino Butler, were acquitted of killing Coler and Williams.

After fleeing to Canada and being extradited to the United States, Peltier was convicted and sentenced in 1977 to life in prison, despite defense claims that evidence against him had been falsified.

“You’ve got a conviction that was riddled with misconduct by the prosecutors, the U.S. Attorney’s office, by the FBI who investigated this case and, frankly the jury,” Sharp said. “If they tried this today, he does not get convicted.”
HOW HAS THE FBI RESPONDED?

FBI Director Chris Wray said in a statement that the agency was resolute in its opposition to Peltier’s latest application for parole.

“We must never forget or put aside that Peltier intentionally murdered these two young men and has never expressed remorse for his ruthless actions,” he wrote, adding that the case has been repeatedly upheld on appeal.

And the FBI Agents Association, a professional group that represents mostly active agents, sent a letter to the parole commission opposing parole. The group said any early release of Peltier would be a “cruel act of betrayal.”

WHAT IS THE LEGACY OF THE AMERICAN INDIAN MOVEMENT?

Tilsen, a citizen of the Oglala Lakota Nation, credits AIM and others for most of the rights Native Americans have today, including religious freedom, the ability to operate casinos and tribal colleges, and enter into contracts with the federal government to oversee schools and other services.

“Leonard has been a part of creating that, but he hasn’t been available to be a beneficiary because he has been incarcerated for almost 50 years,” Tilsen said. “So he hasn’t been able to enjoy the result of those wins and see how they have changed and transformed Indian country.”

WHEN IS THE HEARING?

The hearing is scheduled to start at 11 a.m. Monday at a high security lockup that is part of the Federal Correctional Complex Coleman. The Federal Bureau of Prisons said in a statement that the hearing is not open to the public.

Sharp, Peltier’s attorney, said the hearing will have witnesses for and against parole. Family members of the two FBI agents who were killed will be there.

Sharp expects the hearing to last the day. The decision is required to come within 21 days. If parole is granted, there’s a process for release which shouldn’t take long. If denied, Peltier can look at his options for filing an appeal to a federal district court, Sharp said.

Parole was rejected at Peltier’s last hearing in 2009, and then-President Barack Obama denied a clemency request in 2017. Another clemency request is pending before President Joe Biden.

Leonard Peltier, Native activist imprisoned for nearly 50 years, faces a 'last chance' parole hearing

 Native American activist and federal prisoner Leonard Peltier, who has maintained his innocence in the murders of two FBI agents almost half a century ago, is due for a full parole hearing Monday — his first in 15 years — as his supporters fear he may not get another opportunity to advocate for his release.

A lawyer for Peltier, 79, said he has been “in good spirits” as he prepares for the hearing at the Federal Correctional Complex Coleman in Florida.

“He wants to go home and he recognizes this is probably his last chance,” attorney Kevin Sharp said. “But he feels good about presenting the best case he can.”

Sharp said medical and re-entry experts would be called to support Peltier’s case for parole, and that hearing examiners and the U.S. Parole Commission will have letters from his community and prominent figures to review.

Over the decades, human rights and faith leaders, including Pope Francis and the Dalai Lama, and Nobel Peace Prize recipients such as Nelson Mandela and Bishop Desmond Tutu have backed Peltier’s release.

Apart from the decades of scrutiny surrounding how Peltier’s case was investigated and his trial was conducted, Sharp said, he believes his age, nonviolent record in prison and declining health, including diabetes, hypertension, partial blindness from a stroke and bouts of Covid, should be accounted for as the commission determines whether to grant parole.

The federal Bureau of Prisons “does not say he is a danger,” Sharp said. “This is about have they extracted enough retribution,” he added of the federal government’s resistance to Peltier’s previous bids for parole, given that the crime involved law enforcement agents.

At his 2009 parole hearing, an FBI official argued that time has not diminished “the brutality of the crimes,” and that while Peltier claimed his innocence, “he has resorted to lies and half-truths in order to sway public attention from the facts at hand.”

Paroling Peltier, who was sentenced to two consecutive life sentences, would have only promoted “disrespect for the law,” Justice Department officials said at the time.

FBI Director Christopher Wray said in a statement Friday that the agency "remains resolute" in its opposition to Peltier's release, citing how his appeals have been denied and that he had even escaped from a California prison in 1979 but was captured three days later.

"We must never forget or put aside that Peltier intentionally murdered these two young men and has never expressed remorse for his ruthless actions," Wray said.

The arrest

On June 26, 1975, FBI agents Jack Coler and Ron Williams were on the Pine Ridge Reservation in South Dakota to arrest a man on a federal warrant in connection with the theft of cowboy boots, according to the agency’s investigative files.

While there, the pair radioed that they had come under fire in a shootout that lasted 10 minutes, the FBI said. Both men were killed by bullets fired at close range. According to the officials, Peltier —  a member of the Turtle Mountain Band of Chippewa Indians and then an activist with the American Indian Movement, a grassroots Indigenous rights group — was identified as the only person in possession of a weapon on the reservation that could fire the type of bullet that killed the agents.

But dozens of people had participated in the gunfight; at trial, two co-defendants were acquitted after they claimed self-defense. When Peltier was tried separately in 1977, no witnesses were presented who could identify him as the shooter, and unknown to his defense lawyers at the time, the federal government had withheld a ballistics report indicating the fatal bullets didn’t come from his weapon, according to court documents filed by Peltier on appeal.

But the FBI has maintained his conviction was “rightly and fairly obtained” and “has withstood numerous appeals to multiple courts, including the U.S. Supreme Court.”

Still, other officials have spoken out in support of him over the years. Retired federal prosecutor James Reynolds, who supervised Peltier’s post-trial sentencing and appeals, wrote to President Joe Biden in 2021 asking him to commute Peltier’s sentence because it would “serve the best interests of justice and the best interests of our country.”

“He has served more than 46 years on the basis of minimal evidence, a result that I strongly doubt would be upheld in any court today,” Reynolds wrote.

Peltier, in a phone interview from prison with NBC News in 2022, said he had hoped mounting pressure from Democratic members of Congress would convince Biden to grant him clemency, and possibly allow him a new trial to prove his innocence.

“I have a last few years,” Peltier said, “and I got to fight.”

Parole process

Peltier falls into a small category of mostly elderly federal prisoners who committed their offenses before November 1987 and can petition for parole from the Justice Department’s Parole Commission. Congress eliminated federal parole for inmates who committed offenses after that date because of new sentencing guidelines.

At a hearing, an examiner is in charge of reviewing the inmate’s case and hearing from witnesses. The hearing examiner’s recommendation on whether to grant parole moves to at least one other examiner who does not attend the hearing, and the ultimate decision then falls to a parole commissioner — who is nominated by the president, confirmed by the Senate and may be a former law enforcement official, educator or lawyer.

If the parole commissioner agrees with the examiners’ recommendation, that becomes the official decision. But if the first parole commissioner disagrees, a second commissioner must concur with either that commissioner or the examiners.

Such a layered process can appear detrimental to inmates if “the thread is lost,” said Charles Weisselberg, a Berkeley Law professor who has written about the “dysfunction” of the commission.

In addition, the Parole Commission typically has five members, but it has had only two since about 2018, Weisselberg said.

The Senate has not moved on filling the commission’s vacant seats. Weisselberg said having fewer commissioners to deliberate gives “greater power” to the hearing examiner, and “as a practical matter, it virtually eliminates the right to a meaningful parole appeal.”

Weisselberg has suggested the process can be streamlined with a magistrate judge as the arbiter. The Parole Commission did not return a request for comment.

Peltier’s supporters are hoping for parole but say Biden, who has not commented on the case, can still have him released on compassionate grounds.

“Mr. Peltier deserves the dignity to live the rest of his life outside the confines of a federal prison cell,” said Rep. Raúl Grijalva, D-Ariz., adding that “it is not too late to grant him the remaining years of a life that the federal government wrongfully stole from him so many years ago.”

This article was originally published on NBCNews.com

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Campaign: President Biden Should Free Leonard Peltier

Campaign: President Biden Should Free Leonard Peltier ... Leonard Peltier, a Native American activist, has been imprisoned for nearly 50 years in the USA for a ...

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Free Leonard Peltier - Action Network

Stand with us to demand justice, compassion, and the granting of clemency for Leonard Peltier. Together, we can help rectify an injustice that has lasted for .

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Leonard Peltier Case Facts

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Tell Biden: Free Leonard Peltier

American Indian Movement (AIM) freedom fighter Leonard Peltier was convicted on false evidence in 1975 and sentenced to two life sentences.

Supporters of Native activist Leonard Peltier hold White House rally ...

Sep 12, 2023 ... Organizers delivered impassioned speeches about Peltier's life and his importance as a Indigenous leader, punctuated by shouts of “Free Peltier!

Will Leonard Peltier Die In Prison?

By Sarah Baum

July 30, 2024

Source: The Nation


Image by Kenny, Creative Commons 2.0

Leonard Peltier, one of America’s longest-serving political prisoners, could have been a free man today. He could have gone home to the little plot of land waiting for him in North Dakota that Indigenous groups and elders had prepared for him. He could have hugged his son, Chauncey, who he hasn’t seen outside the walls of a prison since Chauncey was 10. He could have lived out his final days in peace, or at least the approximation of it, after a lifetime of violence at the hands of the United States government, starting with his boyhood at the notoriously abusive, state-sponsored Indian Boarding Schools.

Instead, the US Parole Commission decided on July 2 that the ailing soon-to-be-octogenarian would spend the next 15 years—if he lives that long—in a federal penitentiary.

“They didn’t sentence him to death,” Nick Tilsen, an Indigenous activist who aided in the Peltier release efforts with the South Dakota-based NDN Collective, told The Nation, “but that’s what’s happening to him slowly, every day.”

The announcement came three weeks to the day after Peltier’s June 10 parole hearing, his first in well over a decade. It was a lot like his other legal proceedings, which is to say, highly unusual.

Many of the people who had led the charge to put Peltier behind bars in the first place, such as District Attorney James Reynolds and a top federal officer, were among those advocating for his release. But neither of those men—nor most of the character witnesses requested by Peltier’s legal team—were permitted by the government to take the stand. Only Tilsen, who had been coordinating Peltier’s release plan, and Peltier’s doctor had made the cut.

Most of the eight character witnesses Peltier’s legal team brought to speak on his behalf were deemed “inadmissible.” The Parole Commission didn’t give reasons as to why, but such quirks—to put it lightly—in the judicial process are not new for Leonard Peltier, a man who has spent nearly 50 years incarcerated for a crime he likely did not commit, thanks to a trial rife with prosecutorial misconduct and state-sanctioned violence.

To use that district attorney’s words: “[T]he continued incarceration of Mr. Peltier was and is injust. We [the FBI] were not able to prove that Mr. Peltier personally committed any offense.” To use Amnesty International’s words, Peltier is a “political prisoner”—jailed simply for being part of the American Indian Movement, or AIM.

Thirty sitting members of Congress (and countless former ones) have also called for Peltier’s release, as have the United Nations, Nelson Mandela, Pope Francis, the Dalai Lama, Mother Teresa, Human Rights Watch, and the Democratic National Committee.

But Peltier’s defense committee told The Nation that the roster was stacked against him at his hearing. In contrast to Peltier’s two allotted witnesses, nearly a dozen people were brought in to speak out against him. The current FBI director, Christopher Wray, wrote to the commission calling Peltier a “remorseless killer.” Testimony also included the families of the two FBI agents at the heart of the Peltier case: Jack R. Coler and Ronald A. Williams. The pair were killed in a shootout at the Raging Bull encampment, located inside the Pine Ridge Reservation, on June 26, 1975.

Hundreds of thousands of pages of evidence have since been uncovered to suggest that Peltier’s conviction was the end product of unconstitutional tactics and surreptitious violence perpetrated by the feds. The Raging Bull shootout occurred in an era dubbed the “Reign of Terror” by Indigenous traditionalists who were routinely brutalized by the FBI, the Bureau of Indian Affairs, and the paramilitary faction of the US-installed tribal government, known as the Guardians of the Oglala Nation, or the Goon Squad. There were reportedly upwards of 60 unsolved murders across the reservation in one three-year period at this time. The FBI was known to turn a blind eye to, if not actively arm, the GOONs.

Peltier’s AIM codefendants were acquitted on homicide charges by an Iowa jury on the grounds that it was rational and necessary self-defense in the face of the government’s ongoing terror campaign. But Peltier, who had fled to Canada, had to be extradited, so his trial came later. This time, the FBI took the case to a federal judge who was“notoriously anti-Indian” and who barred all evidence pertaining to anti-Indigenous violence from the GOONs and the federal government. Key witnesses were blocked from the stand, or threatened and coerced into false testimony.

The jury found Peltier guilty of two counts of first-degree murder; he was given two consecutive life sentences.

Today, Peltier cannot even walk unassisted, let alone be a “danger to his community,” which is one of the considerations the Parole Commission must take into account. His lawyers told The Nation that for an incarcerated person, it can be near-impossible to access quality healthcare.

“The only consistent feature of his medical records is the near-universal lack of follow-up,” Moira Meltzer-Cohen, of the Leonard Peltier Defense Committee, said. “Even when it’s the prison’s own doctors recommending care, it just doesn’t happen.”

Moreover, in a maximum security prison, inmates are often thrust suddenly into lockdown—making reliable, routine care seemingly impossible, Meltzer-Cohen said.

But Jenipher Jones, a cocounsel on the case, said Peltier’s plight goes beyond the typical pitfalls of prison healthcare. “To withhold care from that political prisoner often means that attention is being diverted from advocacy, from pursuit of release,” Jones told The Nation. “It is forcing them to fight for their lives instead.”

Meanwhile, the FBI has leveraged its political power to keep Peltier locked up. Under the Clinton administration, The White House allegedly all but promised to free Peltier. His defense committee bought him clothes and his grandson prepared a bedroom for his homecoming.

Then, thousands of current and former FBI agents swarmed to Washington to protest Peltier’s clemency. Suddenly, and without warning, Clinton released his list of clemency grantees on January 20, 2001—without Peltier’s name on it.

Chauncey Peltier, Leonard Peltier’s oldest son, was with his father on the reservation on the day of the shootout. He recalls the long, winding road trips in his father’s orange Chevy van, fishing out on the lake, traveling with AIM demonstrators. He also remembers being 10 years old, entering the courthouse for his father’s trial—and being slammed against the wall by FBI agents who told him his “murdering dad would never walk free.”

It was just one more chapter in what the junior Peltier described as a lifetime of FBI harassment and violence on account of his last name, and a lifetime of loss.

“So many people tell me I sound just like him,” Chauncey Peltier told The Nation. “I feel like I’ve been robbed in this situation too, because my father’s been wrongfully incarcerated and he ain’t been there for us kids when we needed him.”

But Peltier’s reach has also spanned far beyond the prison walls—not just his story, but his words, his poetry, his art and his activism. From his cell in a supermax prison, Peltier has helped organize Indigenous-led mutual aid initiatives such as toy drives, collaborated with scholars to craft Indigenous-focused policy, and funded humanitarian initiatives by selling his artwork.

The elder Peltier was not available for interview at this time, impeded by both his declining health and the communications roadblocks of incarceration—phone calls and visits are severely limited. But in his 1999 memoir, he stood up for continued Indigenous resistance, and emphasized the importance of preserving the culture and heritage of his people.

“I am guilty only of being an Indian,” he wrote. “Being who I am, being who you are—that’s Aboriginal Sin.”

Peltier’s lawyers told The Nation they will be filing an appeal. There have also been continued demands for President Joe Biden to grant Peltier clemency—demands that will likely increase now that Biden is set to leave office in January.

Free Leonard Peltier
By Nick Estes

March 5, 2023

Source: Jacobin


The way Leonard Peltier tells it, he was a criminal the day he was born — but not by choice. The seventy-eight-year-old Anishinaabe and Dakota elder says his “aboriginal sin” was being born Indian in a country founded on Indians’ forced disappearance.

Recent investigations by the US Department of the Interior into the federal Indian boarding school system have confirmed Peltier’s version of history and what Native people have been saying for generations: that the boarding system was a horrific, sprawling network, encompassing more than four hundred schools across thirty-seven states or then-territories and targeting countless Native children. For more than 150 years, government officials stole Native children from their families, and many never returned home. Federal agents punished, and sometimes imprisoned, recalcitrant parents for keeping their children away from schools where their languages, their sense of self, and sometimes their very lives were taken from them. The child removal policy aimed to destroy Native families and weaken resistance to land seizures.

Peltier was nine years old when a government agent snatched him and his sisters away from their grandmother and placed them at the Wahpeton Boarding School in North Dakota. He remembers his grandmother crying, barely understanding the words of the person taking her grandchildren. He recalls parents singing “that way they do when someone has passed” as their children were loaded onto buses. “Maybe that day was my introduction to this destiny I did not choose,” Peltier wrote last year about his harrowing first day of boarding school. That episode, which he called “one of horror,” has haunted Peltier for life.

Last month marked Peltier’s forty-eighth year behind bars, locked away in a federal penitentiary in Florida, far from his family and homelands, and serving two consecutive life sentences for killing two FBI agents on Pine Ridge Indian Reservation in June 1975, a crime he says he did not commit. His supporters consider his life of incarceration a collective punishment for indigenous people’s long history of defiance against US government policies. He is the longest-held indigenous political prisoner in the United States.

A nearly five-decade-long campaign to free Peltier has drawn the support of millions, including many Native nations, politicians, activists, celebrities, and world leaders. In the 1980s, more than seventeen million Soviet citizens sent petitions to Washington calling for Peltier’s release. Their government granted him political asylum and sent him a physician to examine his ailing eyes. The Turtle Mountain Band of Chippewa Indians, where Peltier is enrolled, has urged President Joe Biden to free its elderly citizen and has prepared for his return home. Even a former federal prosecutor who helped keep Peltier in prison has petitioned for his clemency. Last year, United Nations experts recommended Peltier’s immediate release after finding that his imprisonment was so excessive it amounted to arbitrary detention.

Despite all appeals, the FBI remains the most outspoken opponent of freeing Peltier. “Retribution seems to have emerged as the primary if not sole reason” for Peltier’s continued imprisonment, Coleen Rowley, a retired FBI agent who was close to his case, wrote in a letter to Biden last December urging Peltier’s release. She called the FBI’s near half-century campaign an “emotion-driven ‘FBI family’ vendetta” against Peltier and the American Indian Movement.

Leonard Peltier, AIM, and the Fight for Native Rights

Born in 1944, Peltier joined the American Indian Movement (AIM) during the group’s heyday in the 1960s and 1970s. AIM had been formed in 1968 in Minneapolis, Minnesota, partly to end Native family separation and police violence. Two studies from 1969 to 1974 found that 25 to 35 percent of all Native children had been separated from their families and placed into institutions, foster care, or adoptive families. Many of AIM’s founders, like Peltier, had survived boarding schools only to face racism and inner-city poverty, incarceration, or the threat of having their families broken apart. AIM’s purpose was to build an alternative to this grim reality and to fight for Native rights.

Post–World War II Indian policy in the United States sought to formally end relations between the government and American Indian nations. “Termination policy” abolished more than one hundred tribes and removed millions of acres of land from federal trust status, opening them up for privatization and resource extraction. “Relocation policy” aimed to finish what termination had started by inducing hundreds of thousands of Native people to leave their reservations to find employment in far-off urban centers like Chicago, Cleveland, Denver, Los Angeles, and San Francisco. Urban poverty and discrimination replaced rural, reservation poverty. These assimilationist policies gave rise to the Red Power movement in the 1960

s.

A wall on Alcatraz with the written message, “Indians Welcome.”

 (Loco Steve / Wikimedia Commons)

Urban Native activists began occupying abandoned federal property to dramatize their demands, famously taking over the Alcatraz prison island in San Francisco Bay in 1969. AIM followed suit, leading a nationwide takeover of Bureau of Indian Affairs (BIA) offices in 1970 in protest of discriminatory hiring practices that privileged white employees over American Indian employees. The actions helped transform AIM from a local Twin Cities, Minnesota organization into a national movement.

By 1972 AIM had chapters in every region of the United States, and the same year, Peltier formerly joined AIM. He followed the movement to Washington, DC, taking over BIA headquarters during the Trail of Broken Treaties, which sought to reestablish treaty-making and nation-to-nation relations with the United States.

That action drew the ire of tribal leaders in the Oglala Lakota Pine Ridge Reservation, located largely in South Dakota, who banned AIM leaders from the reservation. Dissident Oglalas called on AIM to take a stand at Wounded Knee, abolish the tribal council, and reinstate the validity of the 1868 Fort Laramie Treaty and the traditional Lakota government. They obliged — for seventy-one days, beginning on February 27, 1973, Oglalas and members of AIM occupied Wounded Knee, South Dakota on the Pine Ridge Reservation.

Following the highly publicized takeover, violence and terror gripped the Pine Ridge. Dick Wilson, the autocratic tribal president, led a vicious crackdown on reservation dissidents, who sought to overturn a corrupt tribal council system that catered to outside economic interests and the assimilationist policies of the BIA. AIM allied itself with the “traditionals,” those who defended Lakota spirituality, sovereignty, and treaty rights. Elders, like Celia and Harry Jumping Bull, called upon Peltier and AIM for protection from Wilson’s vigilante “goon squad” and the FBI, who were waging a low-intensity dirty war against AIM and its supporters in the aftermath of Wounded Knee.

Leonard Peltier’s 1972 headshot. (FBI via Wikimedia Commons)

Two months before the firefight that would change Peltier’s life — and following the 1974 acquittal of AIM leadership involved in the Wounded Knee takeover — the FBI issued an internal position paper entitled “FBI Paramilitary Operations in Indian Country,” a how-to plan for confronting AIM in a battlefield-type situation. The report referred to an area outside the village of Oglala as having bunkers that would require a paramilitary force to overtake. The month before the firefight, FBI personnel, mostly SWAT team members, swarmed the Pine Ridge Reservation. One FBI map of the Jumping Bull property identified “bunkers” that turned out to be crumbling root cellars. Tensions were high, and the FBI appeared ready for war.

On June 25, 1975, FBI agents Ronald Williams and Jack Coler wore plain clothes and drove unmarked vehicles into the Jumping Bull ranch — outside Oglala on the western side of the Pine Ridge Indian Reservation — while supposedly serving a warrant for assault and theft of a pair of cowboy boots. The agents never identified themselves, and a firefight erupted, catching a family with small children in the cross fire.

The shooting roused Peltier and his AIM group, which included Native youths, some of whom returned fire. One hundred fifty FBI agents, BIA police, and local vigilantes surrounded the property shortly after the shooting started. Peltier, his group, and local residents barely escaped through a barrage of bullets.

When the shooting stopped, three lay dead. The FBI claims Williams and Coler were shot in the head at close range. Joe Stuntz, a twenty-three-year-old member of the Coeur d’Alene Tribe, was also killed. An unknown police agent shot Stuntz in the head. No one was ever prosecuted for his murder.

Meanwhile, Peltier and his group split up. Some of the youngsters returned to pay their respects at Stuntz’s funeral. Peltier and the others went underground. But the FBI, leading one the largest manhunts in its history, eventually caught up with them, eager to mete out its version of justice.

The Trials

The circumstances surrounding the June 1975 firefight — which a US Commission on Civil Rights investigation described as part of an FBI “reign of terror” against AIM and its supporters — were enough to convince an all-white jury in Cedar Rapids, Iowa in 1976 to acquit Peltier’s codefendants of murder charges on grounds of self-defense.

Bob Robideau and Dino Butler’s defense offered evidence of the FBI’s history of misconduct, which had recently been revealed during high-profile Senate hearings spearheaded by Idaho senator Frank Church. Church himself testified at the trial that “certain groups” — like the Communist Party, the Black Panthers, and the antiwar movement — “were targeted for surveillance [by the FBI] at least in part because of political attitudes.” AIM, too, faced its share of FBI harassment: disruptive informants, bad-jacketing campaigns, and paranoia-inducing surveillance.

The evidence presented was so damning that Peltier would be free today if he had been tried alongside Butler and Robideau. But he was prosecuted separately, with the government selecting a less sympathetic judge and less favorable venue (Fargo, North Dakota).

Peltier had fled after the shoot-out to Canada, where he was arrested and extradited to the United States based on false affidavits given by Myrtle Poor Bear, who claimed to be Peltier’s girlfriend at the time and an eyewitness to the agents’ killings. She was neither, nor had she ever met Peltier before his trial. Poor Bear later recanted her story, claiming she was coerced and threatened by FBI agents to provide false testimony. Other witnesses said FBI agents also threatened them or coerced their testimony.

FBI bullying of witnesses, however, was not allowed to be presented as evidence to the jury, nor was the climate of fear the FBI had created on the reservation. The prosecution withheld important ballistics evidence, it was later revealed, that could have been exculpatory. And one juror openly admitted to the court that she was “prejudiced against Indians” yet was allowed to remain on the jury.

In April 1977, the jury found Peltier guilty, and the judge sentenced him to two consecutive life sentences. “I have done nothing to feel guilty about,” Peltier told the judge. “The only thing I am guilty of and which I was convicted for was of being Chippewa and Sioux blood and for believing our sacred religion.”

On appeal, the government was forced to drop its theory that Peltier personally shot the agents due to lack of evidence. It instead pivoted to an accusation of aiding and abetting their murder. When asked whom Peltier was aiding and abetting, US Attorney Lynn Crooks answered, “whoever did the final shooting.” He added: “Perhaps aiding and abetting himself.”

Putting aside the absurdity of aiding and abetting oneself, Peltier could not have aided and abetted his codefendants, because aiding and abetting self-defense is not a crime. And according to the government’s own account, his codefendants were the only people close to the agents’ bodies during the firefight.

The theory upon which Peltier’s conviction now rests “is that he was guilty of murder simply because he was present with a weapon at the Reservation that day,” former US Attorney James Reynolds write in a 2021 letter to President Biden asking for Peltier’s clemency. Reynolds worked on Peltier’s prosecution and appeals cases, but believes today that his prosecution and continued incarceration “was and is unjust.” The prosecution was “not able to prove that Mr. Peltier personally committed any offense on the Pine Ridge Reservation.”

In a phone interview, Peltier told me that the facts of his case prove his innocence — but that the truth alone has not set him free.

Freedom for Peltier

Three days before the Jumping Bull shoot-out, the Church Committee decided to investigate FBI surveillance of AIM. But the decision was hushed up the day after the firefight. The International Leonard Peltier Defense Committee and Oglala members have been calling for a congressional investigation into the murders, rapes, and beatings that went uninvestigated or unsolved during that reign of terror.

According to Coleen Rowley, the former FBI agent, the bureau “indoctrinated” new agents at Quantico in the prosecution’s version of Peltier’s case in the 1980s. While FBI agents have restricted First Amendment rights, they made an exception for Peltier, she said, encouraging agents to write op-eds against his release and even marching in front of the White House during the final days of the Clinton administration to oppose a possible presidential pardon. Rowley is a rare dissenting voice as a retired FBI agent once close to Peltier’s case.

But there are more unanswered questions about Peltier’s case and uncertainty about his freedom. In a recent message to supporters, he spoke about his fear of never getting out of prison, or of only having a limited amount of time with his family before he leaves this world for the next.

February marked the fiftieth anniversary of the Wounded Knee occupation, but the wounds of the past have not been healed. The 1978 Indian Child Welfare Act, which aimed to reverse the Native family separation that took away Peltier and countless others, is on the chopping block at the Supreme Court. And the Biden administration has been silent about Peltier’s clemency application — his only legal chance at freedom.

“I live in the nation’s fastest-growing reservation in the United States,” Peltier once said about his predicament in federal prison.

But in a recent statement to supporters, Peltier expressed hope and encouraged them to teach their children “to plant a food forest or any plant that will provide for them in the future.”

“Plant a tree for me,” Peltier said.

FREE PELTIER

Parole Commission Decision on Leonard Peltier's Release Expected Within 21 Days

Leonard Peltier (Photo/File)

BY LEVI RICKERT 

 

JUNE 11, 2024

A decision to determine the fate of American Indian Movement (AIM) member Leonard Peltier (Turtle Mountain Ojibwe) by the U.S. Parole Commission will come within 21 days. The first parole hearing in 15 years for Peltier, 79, who is incarcerated for the killing of two FBI agents,Jack R. Coler and Ronald A. Williams, on the Pine Ridge Indian Reservation, was held on Monday, June 10, 2024. 

The hearing was held before a U.S. Parole Commission examiner inside the United States Penitentiary, Coleman, a high-security prison, in Coleman. Fla.

RELATED: Parole Commission: It’s Long Past the Time to FREE Leonard Peltier

The back and forth between those representing the government and those seeking Peltier’s release at the hearing felt like a trial, according to an unnamed source who spoke with Native News Online on Monday evening. 

Nick Tilsen, president and CEO of NDN Collective, an Indigenous advocacy group, was a witness who wants Peltier freed.

“This whole entire hearing is a battle for his life,” Tilsen said. “It’s time for him to come home.”

FBI Director Christopher Wray, sent a letter, dated June 7, 2024, in opposition to Peltier’s release.

“Given the overwhelming and unassailable evidence of his guilt, the brutality of his crimes, and his persistent refusal to accept responsibility, I urge you in the strongest terms possible to deny Peltier’s application for parole. To afford him release after what he did and how he has conducted himself since would most certainly “depreciate the seriousness of his offense [and] promote disrespect for the law,” Wray wrote.

Amnesty International Executive Director Paul O’Brien wrote a letter to the parole commission pleading for Pelter’s freedom on humanitarian grounds. 

“Given the ongoing, unresolved concerns about the fairness of Leonard Peltier’s incarceration, that he has spent nearly 50 years in prison, his age, and ongoing and chronic health issues, it is our view that granting parole on humanitarian grounds in this case is not only timely but a necessary measure in the interests of both justice and mercy,” O’Brien wrote.

 

Parole Commission: It’s Long Past the Time to FREE Leonard Peltier

Leonard Peltier (Turtle Mountain Band of Chippewa Indians) was arrested in Canada to face murder charges of the two FBI agents killed on the Pine Ridge Indian Reservation.





BY LEVI RICKERT JUNE 09, 2024

Opinion. For the first time in 15 years, Leonard Peltier will be afforded a full parole hearing on Monday, June 10 at the United States Penitentiary at Coleman, Fla. 

Peltier (Turtle Mountain Ojibwe) has been incarcerated for 48 years for the killing of two FBI agents at Oglala on the Pine Ridge Indian Reservation in June 1975. For five decades, Peltier has maintained his innocence and hoped for the chance to clear his name.  

Monday’s hearing may well be his last chance at vindication.  

The incident that led to Peltier’s imprisonment happened some 49 years ago, when two FBI agents — Jack Coler and Ronald Williams — arrived at a residence on the reservation to pursue a suspect who had taken a pair of shoes in a robbery. The two FBI agents, who were white, arrived in an unmarked car in plain clothes. 

Tensions were already running high between law enforcement and Native Americans in South Dakota in the aftermath of the 71-day siege of Wounded Knee by the American Indian Movement (AIM) in early 1973. The incident occurred during a time known on Pine Ridge as a “reign of terror,”' characterized by deadly ambushes on highway checkpoints and extended gunfights. During this span, some 64 Native Americans were murdered and over 300 were physically assaulted.

On June 26, 1975, the situation escalated when Coler and Williams were killed during a shootout as they attempted to apprehend a young AIM member accused of theft and assault. The gunfight involved numerous individuals, and there has never been a denial that Peltier was present during the shooting, but he has said repeatedly he did not kill the agents. 

It didn’t matter. He was accused of shooting the two FBI agents. He fled to Canada, only to be extradited back to the United States in 1976 to stand trial for the agents' murders.

Following a controversial trial marred by allegations of prosecutorial conduct, falsified testimony, and fabricated evidence, Peltier was convicted of aiding and abetting murder and has been imprisoned since 1977.

Notable legal experts, including former U.S. Attorney General Ramsey Clark, say Peltier was not given a fair trial by the U.S. government.

“I think I can explain beyond serious doubt that Leonard Peltier has committed no crime whatsoever. But if he had been guilty of firing a gun that killed an FBI Agent, it was in defense of not just his people but the integrity of humanity from domination and exploitation,” Clark said. “You have to remember no witness really said they saw Leonard take aim at anybody. No witness said they heard him shoot at the time he could have killed an agent. There was no evidence that he did it, except fabricated, circumstantial evidence, overwhelmingly misused, concealed and perverted.”

Even federal Judge Gerald Heaney, who presided over an appeal hearing, has said the FBI utilized improper tactics to convict Peltier. He suggests the FBI was equally responsible for the shoot-out.

In 2017, former U.S. Attorney James Reynolds wrote a letter to President Obama to support clemency for Peltier. Reynolds was the federal prosecutor involved in the legal proceedings against Peltier, playing a significant role in the case. 

In his later years, Reynolds has publicly expressed doubts about the fairness of Peltier's trial and has joined calls for his clemency, acknowledging issues with the case and the conduct of the prosecution. Reynolds urged Obama to grant Peltier’s clemency petition “as being in the best interests of justice considering the totality of all matters involved.”

Through the years, the FBI has adamantly opposed the release of Peltier. While the deaths of their two agents at Oglala were tragic by all human standards, the deaths of hundreds of innocent Native Americans who died during the 1970s’ Reign of Terror were equally tragic.

To many Native Americans, Peltier is a symbol of an oppressive federal system that relegates Native people to apartheid and neglect. He is a political prisoner that we may only think about if we happen to see a bumper sticker on the back of a vehicle that reads “FREE Leonard Peltier.”

Beyond his Native American supporters, many people and human rights organizations — including 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 others — have stated their beliefs that Peltier is a political prisoner who should be immediately released.

Now 79 years old, Peltier suffers from multiple health issues and has to use a walker to maneuver the maximum-security prison. He also suffers from diabetes, blindness in one eye, and an aortic aneurysm. As with other elders, his advanced age has rendered him frail. 

During the COVID-19 pandemic, Peltier’s age and comorbidities unequivocally made him eligible for home release under Department of Justice guidelines. The Department of Justice ignored the pleas to have Peliter released then.

In a recent episode of Native Bidaské, I asked attorney Kevin Sharp, who will represent Peltier at the parole hearing on Monday, how he thought the parole commission would react to the fact Peltier has maintained his innocence through the years. Typically, parole boards want convicted prisoners to admit guilt and express remorse.

“It's difficult because Leonard didn't commit the crime, and there's no evidence that he did. He shouldn't lie about something he didn't do. Leonard has expressed remorse for the tragic events of that day and the overall situation,” Sharp responded.

Peltier’s spiritual advisor of 40 years, Lenny Foster (Diné), spoke with me Saturday morning about his hopes for his longtime friend.  

“We are hoping and praying that the parole commission will grant Leonard parole so that he can go back to his people on the Turtle Mountain Reservation to be with his loved ones to serve out his remaining years to be with his grandchildren and great-grandchildren,” Foster told me. “He is a revered elder among the Indian community.” 

Nearly 80, Peltier is a Native American elder who poses no threat to society. He’s old and broken. He has paid a price for an injustice to him, his family, and to all Native Americans. It is past time to free Leonard Peltier.

Thayék gde nwéndëmen - We are all related.