http://www.humanrights.de/doc_de/archiv/u/usa/lpdc/story.html

LEONARD PELTIER

THE CASE OF LEONARD PELTIER
Leonard Peltier could be you, me, anyone who stands up for his family,
friends, community, and beliefs. Leonard is a Native American serving two
consecutive life sentences in a federal penitentiary, even though there is
NO CREDIBLE EVIDENCE that he is guilty of anything.

The Shoot Out
On June 26, 1975 two FBI agents allegedly searching for a young Indian
accused of stealing a pair of used cowboy boots spotted several men enter a
red pick-up truck. They followed the truck briefly. The occupants of the
truck pulled over. Shots were fired though no one knows who fired first.
Soon the situation exploded into a firefight involving 30 or so Indian men,
women, and children and over 150 FBI agents, BIA police, US Marshals and
the
local police known as GOONs. Two agents and a young Indian activist died.
Within hours of the shootout, according to the U.S. Commission on Civil
Rights which labeled it "a full scale vendetta", hundreds of paramilitary
equipped, combat-clad FBI agents and US Marshals staged a dragnet through
the reservation in a fever of revenge in which men, women, and children
were
terrified and properties and homes were ransacked. There was no
investigation into the death of the Native American.

The Set-up
Leonard had been previously identified as an AIM leader by the FBI and
targeted by their notorious COINTELPRO program which "neutralized" people
by
slander, attack, and arrest. Fearing no possibility of a fair trial and at
the request of his elders, he fled to Canada where he was later arrested
and
extradited by affidavits manufactured by the FBI that the government now
concedes were false and fabricated. Four men were initially accused of the
murders. Two were acquitted and the government dropped all charges against
the third to concentrate their "full prosecutorial weight...against Leonard
Peltier." He was convicted and sentenced to two consecutive life terms. The
handpicked judge, favored by the FBI for his anti-Indian reputation,
refused
evidence of self defense. Information from the acquittals of his
codefendants was also ruled inadmissable. Jurors were convinced by the
court
that AIM "snipers" would kill them at any time. In short Peltier was
convicted before his trial even began.

Government Has No Evidence
The government has subsequently changed its theory on who killed the agents
and today admits they have NO IDEA WHO KILLED THEM. This change of theory
came about during an appeal when a judge suggested to the prosecution that
the evidence was, at best, merely circumstantial. The government then
argued
that they had tried Leonard as both the murderer and aider and abettor.
According to the final decision of the 8th Circuit Court of Appeals,
Peltier's trial and previous appeals had been riddled with FBI misconduct
and judicial impropriety including: coercion of witnesses, perjury,
fabrication of evidence, and the suppression of exculpatory evidence which
could have proved his innocence. The Court called the FBI's misconduct "a
clear abuse of the investigative process". Yet they ruled against a new
trial for Leonard Peltier because they were "reluctant to impute further
improprieties to them (FBI)." Recently it was discovered that a terrible
error had been made during the appeal by Leonard's own attorney during
which
he mistakenly agreed with the judge regarding the testimony of Norman
Brown.
What the attorney and the judge did not realize was that Brown had recanted
his testimony at trial and stated he had been coerced by the FBI. He
further
stated that he never saw Peltier anywhere near the bodies of the agents. We
also now know that other agents were stationed around the area prior to the
start of the firefight, in direct contradiction to their testimony at
trial.
This was discovered in September, 1995 following the release of radio
communications from the South Dakota Attorney General's office. A document
has been unearthed stating that almost two months prior to the day of the
shoot-out, the FBI was planning "paramilitary law enforcement...on Indian
land", specifically, Pine Ridge. It may also be noted that the highest
buildup of agents to civilians occurred just six days prior to the tragic
incident.

Conclusion
It is obvious to anyone with a conscience that the government was planning
to attack the AIM encampment, perhaps in the hopes of diverting attention
from an illegal land transfer, or perhaps as a way to stop Senator Frank
Church's Committee from investigating the FBI's Cointelpro program in
regard
to Native struggles. That investigation was initiated just prior to the
shoot-out. It was halted the day after "due to the deaths of the agents."
With recent developments in Washington, DC proving the FBI grossly
participated in illegally doctoring and manufacturing evidence to ensure
criminal convictions, more attention MUST be paid to this renegade
organization's past misconduct. Congressional hearings/investigations are
critical!

Recent Developments
During a parole hearing in December 1995, US prosecutor Lynn Crooks
admitted
again that no evidence exists against Peltier. He further stated that he
government never really accused him of murder and that if Peltier were
retried, the government could not reconvict. The Parole Board, however,
decided not to grant parole because Peltier continues to maintain his
innocence (they stated that Peltier had not given a "factual and specific
account of (his) actions...consistent with the jury's verdict of guilt")
and
because he was the only one convicted. As ridiculous as this reasoning
sounds, it has thus far held up. A petition for executive clemency remains
unanswered 5 1/2 years after being filed with the Department of Justice.
The
delay has been excused by government officials as a lengthy revue of a
complex case. 1999 NEEDS to be the year of JUSTICE for LEONARD PELTIER.
FREE LEONARD PELTIER!