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Leonard Peltier

A Fifth
Estate program, "Who killed Anna Mae" aired in
the fall of 2000 raised the question that Peltier might be implicated
in the murder of Nova Scotia MiqMaq activist Anna
Mae Aquash.
A main source for this show was an FBI agent who was working
the case at the time. He claimed absolutely that Aquash was NOT
an FBI agent. The gist of the argument was that Peltier and others
in the leadership of the American Indian Movement at Oglala,
where the FBI agents were shot, were suspicious of Aquash, felt
they could no longer trust her and took her out and shot her.
In a movement which was infiltrated by agents, it is impossible
to tell who is telling the truth. We can be sureit is not the
cops on either side of the border. Graham | Aquash
A separate
Fifth Estate program, during the same season, "B.C.
Bud," looked at RCMP-DEA cooperation to bust B.C. pot smugglers
while leaving U.S. cocaine smugglers more or less alone, and
interviewed an agent who said that U.S. agencies use "ruses"
(that is, lies) to entrap people and it is all part of the game.
Anything these people, whether retired or not, say has to be
scrutinized in this light.
December
15, 2000: President Clinton
was asked to grant clemency to Leonard Peltier based on an affidavit
by Myrtle Poorbear sworn in Canada. Once again, an important
person did the wrong thing by missing an opportunity to do the
right thing and instead sprang his crooked cronies.
The movement to free Leonard
Peltier is once again in the news: injusticebusters present two columns by Peter Worthington of
the Toronto Sun.
and Wrongly
imprisoned for murder, Leonard Peltier is now perhaps gravely
ill. As far as we can tell, Sun Media, which owns
these pieces had not kept them online.
The Nelson Mandela of
America:
Imprisoned native leader
Leonard Peltier finally allowed to meet Sun columnist in Leavenworth
lockup
By PETER WORTHINGTON --
Toronto Sun, April 19, 1999
LEAVENWORTH, Kansas -- The
prisoner who's dubbed the North American Nelson Mandela seemed
pleased to see me.
At first I had been refused
access to Leonard Peltier, the Ojibwa-Sioux serving two life
sentences in the maximum security federal prison at Leavenworth
for the death of two FBI agents at South Dakota's Pine Ridge
Reserve in 1975.
I had visited Peltier twice
before, in 1992 and 1995 when, after looking into the case at
some length, felt -- along with others -- that he was framed
by the FBI and the "system" that wanted someone, anyone,
punished for the shooting deaths of agents Ron Williams and Jack
Coler in the range war of those turmoiled times.
Without explanation, Leavenworth's
warden, J.W. Booker, changed his mind after I wrote a lengthy
article equating Peltier with Nelson Mandela. I had speculated
that he was denied visitors because his health was worsening
and authorities wouldn't be unhappy if he died in prison.
The Mandela parallel is apt.
Mandela was 27 years in South African prisons before world pressure
got him freed. Peltier is into his 24th year in prison for murders
that the FBI and prosecutors now admit "we don't know who
fired those shots." He has a form of lockjaw that prevents
him from eating properly. His jaw is atrophied at a half-inch
opening. He is denied specialist treatment.
Like Mandela, Peltier's sole
motivation is working for his people, whom he sees as disadvantaged
(to put it generously). He was a member of AIM (the American
Indian Movement) in the mid-'70s which the FBI, somewhat hysterically,
branded "subversive, extremist with a record of violence"
and likely Communist.
Last week I visited Peltier,
first getting a guided tour of Leavenworth, courtesy of the prison's
executive assistant, Bob Bennett. It is a remarkable prison of
some 1,800 inmates and 600 staff, where the average sentence
is around 20 years -- a city within walls, without women, where
the pace is slow, amenities impressive, security phenomenal.
Peltier has aged since our
last meeting, but seemed robust. As usual, he was optimistic
about efforts being made on his behalf. A week earlier he'd met
Danielle Mitterrand, widow of France's former president, who
urged executive clemency. The day after my visit he was to be
interviewed by CNN (which had previously been denied access).
Soon he's scheduled to meet delegates from the European Parliament,
which has also urged his release.
Peltier was puzzled and upset
that Canada's Justice Minister Anne McLellan had recently responded
to Reform Party questions that at his extradition hearings in
1976 no one had lied and "there is no evidence of any fraud
in the extradition process." In fact, fraud illuminates
the extradition. A sworn affidavit by one Myrtle Poor Bear that
she was Peltier's girlfriend and had witnessed him kill the wounded
FBI agents was (according to Paul Halprin, the Canadian lawyer
representing the U.S. government at the extradition hearings)
key in getting him extradited. It subsequently turned out that
Poor Bear was mentally incompetent, had never met Peltier, wasn't
on the Pine Ridge reserve that day. Her affidavit was dictated
and concocted by the FBI. She had done three affidavits -- the
first saying she didn't witness anything. Her other two were
a combination of perjury, concocting evidence, fabrication and
criminal impropriety. FALSE AFFIDAVIT As well as getting Peltier
extradited, the fraudulent affidavit was also a contemptuous
violation of the extradition treaty and deliberate ploy to corrupt
the justice system. This is not an opinion, it is fact acknowledged
by the courts at every level except, it seems, the Canadian government.
"Why would your justice
minister say such a thing that everyone knows is untrue?"
Peltier wonders. I told him, as I said on an Edmonton radio station,
that McLellan was either ignorant of the case, or not telling
the truth.
McLellan's other evidence,
as well as the phony affidavit (which she insisted wasn't phony),
was enough to get Peltier extradited -- a view disputed by former
solicitor-general Warren Allmand who reviewed the case a couple
of years ago for then-justice minister Allan Rock. Today, Allmand
says the Poor Bear affidavit was virtually the only reason Peltier
was extradited.
"If it wasn't for that
false affidavit I wouldn't have been extradited," says Peltier.
"If they'd had other evidence, they (the FBI and prosecutors)
would never have jeopardized their careers, their reputations
by creating false affidavits the way they did." Maybe, but
they got away with it.
Peltier is encouraged that
the conservative Reform Party and the socialist NDP in Parliament
seem aligned in wanting Canada to protest the fraudulent extradition.
"My case should cut across ideological lines," he says.
"It's not an issue of left and right, but one of right and
wrong."
Not a day goes by that Peltier
doesn't mentally review his case and the range war at Pine Ridge
and Wounded Knee in the mid-'70s, when the FBI, Bureau of Indian
Affairs (BIA) police, the GOONs (Guardian of Oglala Nation),
SWAT teams, vigilantes and National Guard were poised.
Uranium deposits on Indian
land were sought by government. AIM and traditional Indians felt
another treaty was about to be violated in the name of expediency.
In that time-frame, 60 Indians were murdered -- 47 of them AIM
supporters. The wounded exceeded 300. Not one Indian death was
investigated. "It was war," recalls Peltier.
Initially, the FBI put Indians
Bob Robideau and Dino Butler on trial for shooting the two FBI
agents who had entered the Jumping Bull compound on June 26,
1975, ostensibly to arrest one Jimmy Eagle for allegedly stealing
a pair of cowboy boots. It came out at the trial that some 50
FBI agents and police were poised to attack the compound.
The jury acquitted the pair,
ruling self-defence. Peltier still has difficulty understanding
how he could have been found guilty of first-degree murder, and
then have the FBI and prosecutors admit they didn't know who
pulled the trigger and say that Peltier was guilty not of murder,
but of aiding and abetting.
This distinction also confused
appeal judges Donald Ross and Gerald Heaney, who said if Peltier
had been tried for aiding and abetting, the verdict might have
been difficult.
IMPROPER TACTICS
Judge Heaney reluctantly rejected
the appeal because he said while it was "possible"
the jury would have reached a different verdict had evidence
not been withheld, he wasn't sure the jury would "probably"
have acquitted Peltier. He lambasted the FBI.
Judge Heaney later wrote Senator
Dan Inouye of Hawaii a letter which he asked be delivered to
the president. He said that the government had "over-reacted
at Wounded Knee;" that it "must share responsibility"
for the violence; that "more than one person was involved
in the shooting of the FBI agents;" that the "FBI used
improper tactics in securing Peltier's extradition;" and
that the president should invoke clemency to let "a healing
process" begin.
An astonishing letter from
an appeal court judge. To no avail.
While Peltier looks robust,
his long hair and moustache show traces of white. At age 55,
he has no self-pity, his sense of humour is unaffected, but he's
in obvious discomfort, if not outright pain. Two operations on
his atrophied jaw were botched, the second one in 1996 putting
him in a coma for 14 hours and necessitating a total blood transfusion.
He's understandably wary of prison surgeons.
Dr. E.E. Keller of the Mayo
Clinic, a specialist in this form of jaw ailment, has seen Peltier's
files and thinks he can correct it. But the prison says no --
it's their surgeons or no one. The warden issued a statement
that the Medical Centre for Federal Prisoners at Springfield,
Missouri, has confirmed Peltier suffers from ankylosis (fusing
of the jawbone joints) which "prohibits him from properly
opening or closing his mouth."
Although Peltier refuses further
treatment at Springfield, the prison feels his "condition
is stable and does not warrant prolonged, intensive treatment."
Peltier eats by shoving food through a missing front tooth and
mashing it against his teeth with his tongue. Wires from the
bungled jaw operation jut into his mouth, causing acute pain.
"As I'm over 50, I get
medical checks every six months, and I always complain about
my jaw and headaches and pain on the right side of my face reaching
the eye," he says. "But medical staff say there's a
standing order they can't discuss my jaw or the pain.
"I have the beginning
of an abscessed tooth at the back, which can't be treated ...
I'd like the Mayo Clinic to look at it."
"Why won't they send you
there?" I wonder.
"The prison says inmates
can't dictate treatment. Also, they think I might escape."
(Which he once did in 1979.)
"Would you escape?"
"Never. It would be a
betrayal of my supporters."
I suggest that his enemies
would relish him escaping because it would undermine his campaign
for amnesty, which is gaining momentum. Peltier agrees: "I
just want my jaw treated, to be able to open and close my mouth,
to eat properly, to ease the pain, to be normal."
Peltier doesn't have the prison
shuffle or lethargy one often sees in inmates with no future.
He is fatalistic, but not resigned. He's become a leader, a symbol
for Indians in the U.S. and Canada.
MOVIE RIGHTS
These days he's excited because
two movies are in the works. One by Steven Segal about his life,
the other by an Indian movie company called Smoke Signals, involving
Whoopi Goldberg, Winona Ryder and Matt Damon.
He says: "I'm especially
interested in the Indian production -- they've got the rights
to Peter Mathiessen's book, In the Spirit of Crazy Horse. Whoopi
seems really keen."
I suggest that Graham Greene
would be a natural to play him. Peltier seems to think he resembles
Segal. I joke that perhaps he'd like Sylvester Stallone or Arnold
Schwarzenegger. He laughs. In Robert Redford's documentary, Incident
at Oglala, there's an interview with a masked man identified
only as "Mr. X," who claims he did the shooting. What
about that?
"I don't know for a fact
who did the shooting, but I think I know," says Peltier.
"But I can't say anything. Who'd believe me? Besides, we
have a tradition that you don't turn against your own. This wasn't
a domestic dispute in 1975, it was a war. A soldier who's captured
and turns against his own is ostracized. I want out of prison
bad, I want to see my grandkids, I want to live what life I have
left in freedom, but I can't point a finger at someone else.
"What's happened to me
is what's been happening to Indians one way or another since
the beginning. I didn't create the political climate of the 1970s
but I lived it, like all Indians."
As for the immediate future,
Peltier is encouraged that Amnesty International no longer merely
urges his case be reviewed for a new trial, but urges immediate
and unconditional release -- something he says the Methodist
Church in America now advocates.
He thinks support is growing.
Many early supporters who grew weary and frustrated over the
years and left, have returned to the cause. The Congress of American
Indians and Canada's Assembly of First Nations, representing
virtually every North American Indian, plan joint action on his
behalf.
"It would be useful if
500 or 1,000 tepees would arrive in Washington as a show of solidarity.
It'd be theatre, but Indians are good at theatre. Tepees and
a couple of hundred horses and Indians in traditional dress would
have an effect. I know a hundred right now who would go, but
who'd pay for it?"
Who indeed? Peltier facetiously
suggests Microsoft's Bill Gates, supposedly the richest man in
the world, might sponsor such a rally since he's feuding with
the government.
Peltier is pretty active, despite
his jaw and frustrations of getting justice. His paintings are
sold or turned into prints which raise money for his defence.
Extra money goes into a scholarship fund. For years he's tried
to figure a way to paint the legendary Crazy Horse, with whom
he identifies and is increasingly compared.
Any day now Peltier's autobiography
comes out -- Prison Writings: My Life Is My Sundance, edited
by former National Geographic writer and specialist on Indian
culture, Harvey Arden, and published by St. Martin's Press.
In the meantime, like Nelson
Mandela before him, he waits patiently and plans how to work
for his people when he's released, something he is convinced
is inevitable and predestined.
Leavenworth prison authorities,
on the other hand, note caustically that as far as they are concerned,
Leonard Peltier will be a free man only when his sentence ends
in 2040, when he turns 97.
Wrongly imprisoned for
murder, Leonard Peltier is now perhaps gravely ill
By PETER
WORTHINGTON Toronto
Sun, May 30, 1999
After 23 years in prison and
the refusal of authorities to even consider they may have made
a mistake, Leonard Peltier, a Sioux-Ojibwa Indian, qualifies
as the Nelson Mandela of North America.
;Just as journalists were thwarted
in attempts to visit Mandela in his latter years of imprisonment
in South Africa, so has an iron curtain or, rather, a wall of
silence, descended around Peltier in the U.S. federal prison
at Leavenworth, Kan.
Peltier, now in his mid-50s,
is serving a double life sentence for the shooting deaths of
two FBI agents - Jack Coler and Ron Williams - during a range
war at South Dakota's Pine Ridge.
Several times in the 1980s
I tried to visit Mandela in South Africa. He'd then been in prison
for over 20 years. There was always an "official" reason
why this was impossible. Pretoria's Afrikaner government wanted
no publicity for Mandela who was becoming a symbol of the struggle
against apartheid.
It's similar with Peltier.
He represents the aspirations and frustrations of North American
Indians. I've twice visited him at Leavenworth but now, apparently,
no one gets to see him.
CNN's request for an interview
was turned down, as was one from Britain's Guardian newspaper.
A telephone interview was the best I could hope for, and that
was unacceptable.
I wanted to see Peltier. Is
his health deteriorating, as has been reported? Are harassments
increasing? Is he persecuted - or neglected? Phone interviews
and letters are monitored.
I told Leavenworth authorities
- particularly Bob Bennett, executive assistant to Warden J.W.
Booker - that I felt it important to have personal contact, like
the last two times.
;He echoed the warden's theme:
"A more suitable means for conducting this interview would
be via the telephone."
"Why the change of policy?"
I asked.
"It's the warden's decision.
You can reapply if you want."
Leonard Peltier Defence Committees
(LPDC) have sprung up around the world (Toronto's is at 416-439-1893).
The LPDC headquarters at Lawrence,
Kan., says only Peltier's lawyers, blood relatives and friends
dating back five years before his incarceration are eligible
to visit.
Like many of his close supporters,
I think Peltier is in considerable danger - that he may well
die if he doesn't get proper medical attention. He avoids trouble,
but is often punished for being who he is, and what he represents.
Or so it seems.
His lawyer, Bob Ellison, says
bluntly that he thinks authorities "hope" Peltier will
die, thereby letting them, the U.S. justice department and the
FBI off the hook.
It's become widely accepted
that Peltier's trial was a farce. Indians and others know who
executed the two FBI agents, but the FBI doesn't care. They've
got their man.
The last time I saw Peltier,
he could barely move his jaw. An untreated injury led to atrophication,
fusing jaw bone and muscle - sort of permanent lockjaw. He's
had two operations - both botched. One operation put him in a
coma. He required a total blood transfusion. His recovery room
was the hole.
He now has only half-an-inch
movement in his jaw. He eats by shoving food through the gap
of a missing front tooth, and mashes food with his tongue before
swallowing. Wires from his damaged jaw jut into his mouth and
make eating excruciating.
He has abscessed teeth that
can't be treated, recurring headaches and lives in pain. Mayo
Clinic doctors have offered to come to Peltier and operate for
free. The prison says no.
Peltier's sight is also deteriorating
- inhibiting reading and his art work which the defence committee
sells to raise money for the continuing campaign to win his freedom.
Like Mandela, Peltier has become
an international cause. On April 30, Danielle Mitterand, former
first lady of France and president of the human rights organization
France Libertes Assoc., hopes to visit Peltier. She has appealed
for clemency.
Canada may
hold key
Ironically, Canada could hold
a key to Peltier's freedom.
When the two FBI agents were
killed that turbulent summer of 1975, The American Indian Movement
(AIM), reservation police, administrators, rival Indians, the
FBI, etc., were all embroiled in feuds and shootings - some 300
people were shot during that time. Four Indians were originally
charged in the deaths of the agents, but Peltier escaped to Canada.
The others were acquitted.
Had Peltier stood trial with them, he would in all probability
have been acquitted as well.
In 1976, Peltier was arrested
in Canada and extradited 10 months later on the basis of an affidavit
by one Myrtle Poor Bear who claimed to be his girlfriend and
said she had seen him shoot the FBI agents. At the time, as editor
of the Toronto Sun, I wrote editorials supporting the FBI and
criticizing Amnesty International, which questioned the extradition.
It subsequently turned out
Poor Bear was a mental patient and the FBI had written the affidavits
for her, coached her, pressured her. She didn't even know Peltier,
had never met him, was nowhere near Pine Ridge at the time of
the shooting.
But the phony affidavits got
Peltier extradited. Peltier later told author Peter Matthiessen,
as he told me: "I have no bad thoughts for Myrtle Poor Bear.
She is a poor, sick woman ... a pawn for them to use as they've
used so many Indian people."
The Liberal government of Pierre
Trudeau refused to protest the fraud perpetrated on our justice
system.
Neither did the Tory government
of Brian Mulroney care.
Mostly it was NDP MPs who protested
on behalf of Peltier.
Today, the Reform party seems
willing to raise hell. We shall see. Reform justice critic John
Reynolds says his party will try to convince the government to
protest Peltier's fraudulent extradition. He's written both President
Bill Clinton and Justice Minister Anne McLellan, urging they
act on the case.
Allmand offended
Warren Allmand was federal
solicitor general when Peltier was arrested in Canada and Indian
affairs minister when he was extradited. He was the lone Liberal
who was offended at the abuse of justice. Over the years he's
sought to right the wrong and have the Canadian government protest
the extradition.
A couple of years ago, before
he quit politics to head the International Centre for Human Rights
and Democratic Development, Allmand was asked by then-justice
minister Allan Rock to re-examine the Peltier extradition proceedings.
Allmand's report has gathered
dust.
Although his oath of office
prevents him from making his report public, Allmand has no hesitation
saying that the "only" cause for extradition was Poor
Bear's perjured affidavit:
"Otherwise, there were
no grounds for extradition."
Allmand even wrote Mandela,
who, before he became president of South Africa, urged clemency
for Peltier, asking him to renew his support. No response - a
sad irony.
If Canada were to react, Peltier's
supporters feel it could give impetus to get him freed and encourage
the U.S. government to do the right thing. Even assuming guilt,
23 years is enough. Pine Ridge was a mini-war, not a criminal
act.
The appeal courts in the U.S.
over the years have been disappointing, even though it was proved
(and admitted) that evidence was fabricated and misused.
One appeal judge, Gerald Heaney,
has since said that if Peltier's appeal had been better handled
(by the late William Kunstler) he'd have freed Peltier. As it
was, Heaney rebuked the FBI and filed an official complaint.
He also wrote president George Bush, urging clemency. When I
spoke to him, Heaney said he thought he knew who had shot the
two agents.
Leonard Peltier is a good man,
a proud man, almost serene. He relishes news of his kids, and
grandkids, who he hears about but never sees. Peltier's letters
are gentle, sad.
I suspect he's dying.
The spirit and flesh can take
only so much. If Clinton won't exercise his prerogative of executive
clemency or pardon - as he promised prior to being elected -
America may soon have yet another martyr on its conscience.
Evidence is overwhelming that
Peltier did not kill those FBI agents. Even though he knows who
did, it's a measure of the man that he won't tell. The sorrow
is that the Indian who did the deed won't come forward. Maybe
some day ...
Letters to the
editor of the Sun supporting Worthington's column should be sent
here If you have material
to add to this page, please contact injusticebusters SAMPLE
LETTER TO ANNE MCLELLAN-EXTRADITION REVIEW: from Free
Peltier website
Dear Honorable Anne McLellan,
I am writing you in concern
of First Nation Lakota-Anishinabe U.S. federal prisoner, Leonard
Peltier. Leonard Peltier was illegally extradited from Canada
in 1976 with the use of fabricated affidavits that have been
deemed by both the Canadian and the U.S. governments to have
been fraudulent.
It has been established by
government officials that there was no other evidence against
Peltier that would have been strong enough to extradite him,
deeming his deportation from Canada illegal. This clearly demonstrates
at what cost the US was willing to go in order to prosecute and
convict Mr. Peltier of a crime which they now admit they do not
know who is responsible for.
Mr. Peltier has now spent twenty-three
years in prison and his health is deteriorating. It is imperative
that issues regarding human rights and justice not be restricted
by reasoning of national sovereignty. Especially when one nation
is deceived into unlawfully supporting the human rights violations
of another as Canada has been regarding this case.
Many major human rights violations,
crimes and atrocities would not have been stopped if it was not
for pressure and action taken by the international community;
the case of Nelson Mandela being one example which closely mirrors
the case of Mr. Peltier's. Therefore, it is now up to you to
help right a wrong that the Canadian government originally fell
victim to but today has become part of prolonging. We are asking
that you release the findings of Minister Rock's internal review
of Mr. Peltier's extradition which he had promised to release
before leaving office.
We ask that you release Warren
Allmand's report on Mr. Peltier's extradition and we ask that
you release all documents pertaining to the review. We cannot
fathom any justifiable reason as to why this information should
not be released. Under U.S./Canadian Treaty law, deemed to be
the "supreme law of the land," the Canadian government
is obligated to make a formal request to U.S. Attorney General,
Janet Reno and President Clinton insisting that Mr. Peltier be
granted a new trial or be granted Executive Clemency.
I am urging you to take immediate
action by doing exactly this. As Judge Ross, who heard Mr. Peltier's
first appeal stated, "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." Please do not allow this
injustice to continue. Thank you for your time.
(signed)
To receive more information
and documentation regarding this case, please contact the Leonard Peltier Defense Committee:
PO Box 583 Lawrence, KS 66044 (785) 842-5774 fax: (785) 842-5796.
Rent the movie Incident at Oglala at your local video store.
If they don't have it, ask them to get it. Produced by Robert
Redford. David
Milgaard
is free, because of the
unflagging efforts of his mother, Joyce Milgaard who refused
to quit. Native stories | Darryl
Night | Frozen Ghosts | Dudley George | Charlie
Smoke | Rubin "Hurricane"
Carter | Donald Marshall
| Mumia | Michael
Dorris | Shaka Sankofa
|
Prison Writings: My Life Is My Sun
Dance, by Leonard Peltier,|
The
U.S. Justice Project |
|