Miscarriage of Justice

by RupertTaylor

Leonard Peltier is a Native American who has spent 37 years, and counting, in prison for a crime he almost certainly did not commit

Pine Ridge Reservation in South Dakota is a place of poverty and social dysfunction. In the 1970s, it was also plagued by murder and mayhem of almost daily frequency. There were frequent violent clashes between groups of vicious thugs and members of the American Indian Movement (AIM), an organization that advocates for the preservation of traditional Native culture and the rights of Indians. On June 26, 1975, FBI agents Jack Coler and Ronald Williams drove into this toxic stew of a broken society. They were looking for a man called Jimmy Eagle who was wanted in connection with an assault and robbery.

Shoot-out at Pine Ridge

Details of killing disputed

What exactly happened to Agents Coler and Williams has never been definitively established. They were near a ranch when they came under fire, but their service revolvers were useless against the high-powered rifle fire that was coming at them.

 

One hundred and twenty-five rounds were fired at the agents' cars (Williams's vehicle is shown at left).

 

Both agents died. According to the FBI they were executed after being wounded.

 

The FBI says the agents' weapons were later found, one of them in a vehicle Leonard Peltier was driving along with two AIM members. The vehicle had been stopped in Oregon by a state trooper and, after a brief gun battle, Peltier escaped. He made his way to Canada where he took refuge in a friend’s cabin in Alberta.

 

By December 1975, Leonard Peltier was on the FBI’s Ten Most Wanted List.

FBI Poster
FBI Poster

Extradition and Trial

Peltier returned to the U.S. to face charges

A woman called Myrtle Poor Bear told the FBI she was Leonard Peltier’s girlfriend and that she had seen the murders. She gave a sworn affidavit in which she said “I saw Leonard Peltier shoot the agents.”

 

Based on Poor Bear’s testimony, Canada’s Solicitor General at the time, Warren Allmand, agreed have Mr. Peltier arrested (right) and sent back to America in June 1976.

 

Three others who had been indicted in the murders had already been tried and found not guilty. Leonard Peltier returned to the U.S. too late to be tried with the other three; he would face trial on his own. Prosecutors needed someone to convict and they decided Leonard Peltier was going play that role.

 

After a trial that was highly prejudicial to the defence, an all-white jury had no trouble finding Mr. Peltier guilty of murder and he was sentenced to two life terms to be served consecutively.

 

Leonard Peltier does not deny that he was present at the Pine Ridge incident. He does deny that he killed the FBI agents.

Incident at Oglala: The Leonard Peltier Story

Tainted Trial

Leonard Peltier was railroaded

Of the witnesses who testified at Peltier’s trial many have since retracted their statements.

 

Myrtle Poor Bear wanted to testify but Federal Judge Paul Benson kept her out the proceedings on the grounds of “mental incompetence” and that what she might say “could be highly prejudicial to the government.”

 

She later stated that she had never seen Leonard Peltier in her life before and was intimidated by the FBI into giving her incriminating evidence. Other “witnesses” told similar stories of being tied to chairs and threatened until they agreed to give testimony that Mr. Peltier was the killer.

 

The prosecution kept 140,000 pages of the FBI investigation from the defence, because some of them pointed to his innocence.

 

An FBI ballistics expert gave testimony that a bullet casing found near the bodies of the dead agents came from Mr. Peltier’s gun. However, another ballistics test proved the casing was not connected to Leonard Peltier. This vital piece of information was concealed.

 

It also turned out that the FBI tampered with evidence.

Aftermath and Appeals

Despite rulings in his favour Leonard Peltier is still in prison

As more and more of the prosecution’s shenanigans have surfaced, Leonard Peltier’s supporters have tried to get him released.

 

Canada's Solicitor General Warren Allmand has said that if he had known the true nature of the U.S. Justice Department's corrupted evidence he never would have agreed to Mr. Peltier's extradition.

 

An appeal in 1986 ruled that “We recognize that there is some evidence in this record of improper conduct on the part of some FBI agents, but we are reluctant to impute even further improprieties to them.” Appeal denied.

 

Five years later, the judge who presided over that appeal, Gerald Heaney, wrote to Senator Daniel Inouye, Chair of the Senate Select Committee on Indian Affairs. In his letter he said “Although our Court decided that these actions were not grounds for reversals, they are, in my view, factors that merit consideration in any petition for leniency filed.” Still no luck.

 

Parole hearings end the same way every time on the grounds that Leonard Peltier does not accept criminal responsibility for murdering the FBI agents.

 

The U.S. Parole Commission has even acknowledged that “the prosecution has conceded the lack of any direct evidence that you personally participated in the executions of two FBI agents.” Still, no parole. Next hearing in 2024.

 

As President Bill Clinton’s term in office came to a close there was a big campaign to persuade him to grant Mr. Peltier a presidential pardon. The FBI closed ranks and applied pressure on Mr. Clinton not to release Mr. Peltier; their protest included a large rally outside the White House. The FBI tactics worked.

 

George W. Bush was very unlikely to grant clemency and he didn’t. Now, supporters are petitioning Barack Obama for a pardon.

Leonard Peltier 2012 Interview

Worldwide Support

Organizations and celebrities support Leonard Peltier

The list of organizations campaigning for Mr. Peltier (shown in 1992) is long and growing: The Innocence Project, Amnesty International, AIM, The United Nations High Commissioner for Human Rights, The European Parliament, The Kennedy Memorial Center for Human Rights, among others.

Individual supporters include the late Nelson Mandela, Archbishop Desmond Tutu, the Dalai Lama, and filmmaker Robert Redford, who narrated the 1992 documentary Incident at Oglala: The Leonard Peltier Story, which gives evidence that his treatment was unjust and politically motivated.

Now 69 years old and in not very good health, he sits in his cell in Coleman, Florida and waits, hoping that one day the wheels of justice will turn in his favour.

As of this writing, Leonard Peltier has been behind bars for 13,942 days.

Sources

“Famous Trials, The Leonard Peltier Trial 1977.” Douglas O. Linder, University of Missouri – Kansas City, undated.

“Robert Redford Renews Fight to Release Jailed AIM Activist Leonard Peltier.” Michael Enright, CBC Sunday Edition, April 6, 2014.

“Leonard Peltier.” Amnesty International, undated.

Leonard Peltier Defense Committee.

Freeleonard.org

Updated: 04/09/2014, RupertTaylor
 
Thank you! Would you like to post a comment now?
2

Comments


   Login
CSMcClellan on 04/09/2014

Hidden evidence, false testimony, pressure to convict. We see this over and over. A few lucky souls are exonerated. I know about others who are denied parole for refusing to admit their guilt and show remorse, even when they are innocent.

RupertTaylor on 04/09/2014

Sadly, I could write pieces like this every day and never exhaust the subject matter.

JoHarrington on 04/09/2014

Wow! I wish I could say that I was surprised, but I'm really not. I've campaigned too long for AI to still be that.

You might also like

The Idiocy of the Tea Party

The rest of the world is bewildered by how a small minority of right-wing ide...

Cliven Bundy and the Sovereign Citizens

Extremists in the United States are in a self-proclaimed war with their gover...


Disclosure: This page generates income for authors based on affiliate relationships with our partners, including Amazon, Google and others.
Loading ...
Error!