LEONARD PELTIER UPDATE

A civil disobedience campaign announced last year produced discussion and several local commitments to action, but no arrests were reported during the December, 1998 and February, 1999 demonstrations.  Demonstrations occurred in more than 50 North American cities and towns, and several overseas.  The current sense of urgency for the imprisoned defender of native lands and culture also led to a nation-wide series of hunger strikes this past winter, and increasing international support for his freedom.  In some cities, the December 19 demonstrations included a call for the release of journalist Mumia Abu-Jamal, condemned to die by the State of Pennsylvania, and others merged with protests against the recently resumed bombing of Iraq.

Peltier was convicted of murder in the 1975 deaths of two federal agents during a gunfight at a settlement of traditional tribal leaders near Oglala, on the Pine Ridge reservation in South Dakota.  On the day of the gunfight - which was provoked by a massive FBI and military occupation of the reservation during a time marked by scores of unsolved killings of Indians and widespread intimidation of tribal traditionalists opposed to a corrupt administration - the tribal president was secretly signing away reservation mineral rights to uranium and coal interests.

Peltier’s trial was also a corrupt affair, with the government arguing Peltier was the triggerman based on falsified ballistics reports.  Prosecutors eventually gave a nod to Peltier’s consistent claim of innocence in 1985 when they told an appeals court the government did not know who fired the fatal shots.  Higher courts, satisfied that Peltier at least aided and abetted the shooter, have all upheld the eviscerated remains of the government’s case.

Parole authorities have put off any application until 2008, leaving Peltier’s only apparent hope for freedom from two life sentences in a presidential pardon.  An application for executive clemency was submitted to President Clinton more than five years ago but has not been acted upon.

This past February, the European Parliament passed a resolution in support of Peltier’s clemency bid, joining the governments of Italy and Belgium, fifty members of Congress, the National Congress of American Indians, and The National Council of Churches, and other prominent organizations who have urged President Clinton to set Peltier free.  In April, Amnesty International, long critical of Peltier’s trial and appeals, stated that the human rights organization “considers Peltier to be a political prisoner whose avenues to legal redress have long been exhausted.  The U.S. 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.”

Letters of support may also be sent to Leonard Peltier, 89637-132, P.O. Box 1000, Leavenworth, KS 66048.

Supporters from around the country will be gathering June 25-27 at Haskell Indian Nations University in Lawrence, Kansas, for an organizing conference sponsored by the Leonard Peltier Defense Committee, PO Box 583, Lawrence, KS 66044, (785)842-5774.

The Leonard Peltier Defense Committee is asking supporters to continue writing President Clinton in support of the clemency petition.  Letters should also be written to the Hon. Ann McLellan, MP, Minister of Justice, The House of Commons, Ottawa, Canada  K1A 0A6; Fax: (613) 996-4516.  McLellan is holding up release of an internal government report on Peltier’s extradition for trial in 1976.  It is widely believed the report will show that U.S. prosecutors submitted a fraudulent extradition request, which by treaty would require Canada to lodge a formal diplomatic protest and demand Peltier’s immediate return to that country.

The LPDC is selling a new 17”x22” beautiful poster featuring a current image of Leonard, with the words, “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” on the Pine Ridge reservation. $5 each + $5 s&h for up to ten posters.
 

UPDATE  June 22, 1999

For the first time in any court, a habeas corpus petition challenging the denial by the U.S. Parole Commission of Leonard Peltier’s substantive and procedural parole rights has been filed in federal district court in Topeka, Kansas. This is the first attempt to enter Peltier’s case into the courts since he last appealed his conviction in 1993.

The petition was filed on June 4, 1999 by former Attorney General and lawyer, Ramsey Clark with attorneys Carl Nadler and Lawrence Schilling.  It 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.

Among other practices, the petitions also challenges the Commission’s refusal to acknowledge Peltier’s current health condition as a substantial reason to consider his release.