Cherokee Morning Song

Friday, December 19, 2014

Injustice Against The Innocent



http://www.leonardpeltier.net/theman.htm

https://www.youtube.com/watch?v=jqyVRdCYB6Y

http://www.cbc.ca/news/world/robert-redford-renews-fight-to-release-jailed-aim-activist-leonard-peltier-1.2598981

http://www.huffingtonpost.com/bob-fitrakis-and-harvey-wasserman/president-obama-must-free_b_160304.html

President Obama Must Free Leonard Peltier


The welcome news that President Obama is taking steps to shut Guantanamo and right other Bush-era human rights abuses must quickly be joined by a proclamation of freedom for Leonard Peltier.
Peltier is the nation's best-known native activist and has become a global symbol of abject injustice and prison abuse. Imprisoned in the late 1970s for allegedly murdering two FBI agents, Peltier has never been given a fair trial. Federal authorities have quashed or destroyed thousands of pages of evidence that might have freed Peltier decades ago.
The Leonard Peltier Defense Offense Committee points out that
Amnesty International considers Leonard Peltier to be a political prisoner whose avenues of redress have long been exhausted... Amnesty International recognizes that a retrial is no longer a feasible option and believes that Leonard Peltier should be immediately and unconditionally released.
The committee adds that
Documents show that although the prosecution and government pointed the finger at Peltier for shooting FBI agents at close range during the trial in 1976, for three years the prosecution withheld critical ballistic test results proving that the fatal bullets could not have come from the gun tied to Leonard Peltier. This trial also denied evidence of self defense.
The committee further states that:
the U.S. Prosecutor, during subsequent oral arguments, stated: "we can't prove who shot those agents." And that the Eighth Circuit found that "There is a possibility that the jury would have acquitted Leonard Peltier had the records and data improperly withheld from the defense been available to him in order to better exploit and reinforce the inconsistencies casting strong doubts upon the government's case.
The committee also says that
Judge Heaney, who authored the denial now supports Mr. Peltier's release, stating that the FBI used improper tactics to gain Mr. Peltier's conviction.
Now 64 years old, Peltier is suffering from diabetes and a series of other serious ailments brought on by his decades in prison. He has great grandchildren he has never seen. His case is the centerpiece of the book In the Spirit of Crazy Horse by Peter Matthiessen.
Reports from Betty Peltier-Solano, Leonard's sister, now assert that Peltier was severely beaten during a recent transfer to the Canaan Federal Penitentiary. According to Peltier-Solano, he has been held in solitary confinement and limited to a single meal a day, a serious threat to his health due to his diabetes.
Over the decades Peltier has been a model prisoner, concentrating on his art and writing. His commitment to Native American rights has been consistent throughout the years, though he's been repeatedly denied media access.
Peltier is eligible for parole in the near future. His supporters fear this latest round of abuse may be designed to discredit him. The FBI recently sent a letter accusing Peltier of prompting this latest attack. Given Peltier's age, poor health, immanent parole status and long-standing political commitments canont be viewed as a calculated absurdity. His sister writes that "currently, the FBI is actively seeking support for his continued imprisonment."
The political involvement of the FBI is itself an issue the President must address. At very least Peltier should be freed on bail pending a new trial, with a concerted effort on the part of the new Department of Justice to unearth all suppressed evidence in this case.
Leonard Peltier has languished unjustly in prison far longer than those held in Guantanamo. It is time to set him free!
To find out more, contact the Leonard Peltier Defense Offense Committee atwhoisleonardpeltier.info.
Bob Fitrakis & Harvey Wasserman have co-authored four books on election protection, which appear at http://freepress.org, along with Bob's Fitrakis Files. Harvey's History of the U.S. is at http://harveywasserman.com. This article was originally published byhttp://freepress.org.


After 38 Years, Time to Release Indigenous Leader Leonard Peltier

Contact: Natalie Butz, nbutz@aiusa.org, (202) 675-8761, @AIUSAmedia
(WASHINGTON, D.C.) - It is time for the USA authorities to release Leonard Peltier, an Anishinabe-Lakota Native American and leading member of the American Indian Movement (AIM), who has been imprisoned for 38 years despite serious concerns about the fairness of proceedings leading to his conviction.
Leonard Peltier was arrested 38 years ago in connection with the murders of two FBI agents, Jack Coler and Ronald Williams, during a confrontation involving AIM members on the Pine Ridge Indian Reservation in South Dakota in June 1975. While he admits to having been present during the incident, Leonard Peltier, who in 1977 was sentenced to two consecutive life sentences for the murders, has always denied killing the agents as alleged by the prosecution at his trial.
All legal appeals against Leonard Peltier's conviction have been exhausted; his most recent petition for release on parole was denied by the pardon board in 2009, and he will not be eligible for parole again until 2024, when he will be 79. Leonard Peltier is now 69 and after 38 years in prison he is in poor health.
Amnesty International recognizes the seriousness of the crime for which Leonard Peltier was convicted and has the deepest sympathy for the relatives of Jack Coler and Ronald Williams. However, having studied the case extensively over many years, Amnesty International remains seriously concerned about the fairness of proceedings leading to his conviction, and believes that political factors at the time including in the context of tense relations between AIM and the FBI may have influenced the way in which the case was prosecuted.
Amnesty International's concerns regarding the legal case include:
  • questions about evidence linking Leonard Peltier to the shootings.
  • coercion of an alleged eye-witness who said she had seen Leonard Peltier shoot the two agents, but who later retracted her testimony, and who was not allowed to be called as a defence witness at Leonard Peltier's trial.
  • the withholding of evidence by the prosecution at trial, including potentially key ballistics evidence, that might have assisted Leonard Peltier's defense.
Furthermore, over the years, disquiet about the case has been expressed by those involved in the legal proceedings, including:
  • The US Court of Appeal for the Eighth Circuit, which, ruling against a motion for a new trial, said in 1986: "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 on them."
  • Gerald Heaney, the judge who presided over Leonard Peltier's appeal hearing in 1986, subsequently expressed his concerns about the case in a letter to Senator Daniel Inouye, Chair of the Senate Select Committee on Indian Affairs in 1991, expressing his belief that: "the FBI used improper tactics in securing Peltier's extradition from Canada [where Leonard Peltier fled following the shootings] and in otherwise investigating and trying the Peltier case." He added: "Although our Court decided that these actions were not grounds for reversal, they are, in my view, factors that merit consideration in any petition for leniency filed."
Given these ongoing unresolved concerns, that Leonard Peltier has spent 38 years in prison, and that all legal appeals against his conviction have been exhausted, Amnesty International is urging the US authorities to release Leonard Peltier from prison in the interests of justice and on humanitarian grounds.
BACKGROUND INFORMATION
Leonard Peltier was a member of the American Indian Movement (AIM), an activist group involved in promoting the rights of "traditionalist" Native Americans during a period of intense conflict in the 1970s. In the two years prior to the confrontation in which the two FBI agents were killed, more than 60 Native Americans on the Pine Ridge reservation had been killed, allegedly by paramilitary squads connected to the tribal government, without anyone being brought to justice for the crimes. AIM members who had come to the reservation to assist "traditionalists" opposing the tribal government were also allegedly threatened. Relations between AIM and the FBI were also tense, with accusations that the authorities had not done enough to protect those at risk on the reservation.
The confrontation in which the two FBI agents were killed took place after the agents entered the reservation with an arrest warrant and started following a red pick-up truck. A fire-fight ensued. Evidence was presented at trial to show that the agents received multiple shots and were quickly disabled before being shot dead at point-blank range. Two other AIM leaders were initially charged with the agents' murders and were tried separately: no evidence was presented to link them to the point-blank shootings.
The jury acquitted them after hearing evidence about the atmosphere of violence and intimidation on the reservation and concluded that, arguably they might have been acting in self- defense when they were involved in the exchange of gunfire.
Following their acquittal, the FBI renewed its efforts to pursue Leonard Peltier, securing his extradition from Canada in 1976 where he had fled following the shootings. At his trial, the prosecution alleged that the rifle which killed the agents belonged to Leonard Peltier. During post-trial investigations, the defense team discovered a telex message suggesting that the rifle in question contained a different firing pin from the one used to kill the agents; this was raised on appeal and an evidentiary hearing held at which the significance of the telex was contested by the government. On appeal, the government also argued that sufficient evidence had been presented to the jury at trial to show that Leonard Peltier had "aided and abetted" the killings even if he had not been the actual killer.
However, Amnesty International believes that the outcome may well have been different had Leonard Peltier been able to challenge the ballistics evidence linking him to the fatal shots effectively.
Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with more than 3 million supporters, activists and volunteers in more than 150 countries campaigning for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth and dignity are denied.

Leonard Peltier


UN SPECIAL RAPPORTEUR MEETS WITH LEONARD PELTIER IN PRISON


COLEMAN, FLORIDA –  On Friday January 24, 2014, United Nations Special Rapporteur, Professor James Anaya visited United States Penitentiary Coleman 1 in Florida, to meet with American Indian political prisoner Leonard Peltier.
Professor Anaya was accompanied by Leonard “Lenny ” Foster, member of the Board of Directors of the International Indian Treaty Council (IITC), Supervisor of the Navajo Nations Correction Project, and Spiritual Advisor to Mr. Peltier for nearly 30 years. The historic, nearly four hour meeting began around 9 am. While the discussion Friday morning was meant to focus on executive clemency for Leonard Peltier, the conversation touched on many subjects, as Mr. Peltier was eager to hear the Special Rapporteur’s perspective on the worldwide condition of indigenous peoples.
In a trial that is widely recognized as a miscarriage of justice, Leonard Peltier was convicted in 1977, in connection with a shootout with US Government forces, where two Federal Bureau of Investigation agents and one young Indian man lost their lives. Every piece of evidence to convict Mr. Peltier has been since proven false.
Professor Anaya is currently serving his second term as the United Nations Special Rapporteur on the Rights of Indigenous People. In September 2012, following a series of consultation sessions with Indigenous Peoples throughout the United States, the Special Rapporteur produced  a  “ Country Report  on the Situation of Indigenous Peoples In the United States of America” (A/HRC/21/47/Ad)].
In the report, Professor Anaya called for freedom for Leonard Peltier, and stated: “Pleas for presidential consideration of clemency…have not borne fruit. This further depletes the already diminished faith in the criminal justice system felt by many indigenous peoples…”
The effort to engage the United Nations Special Rapporteur in the struggle to address justice for Mr. Peltier began in 2008, during a discussion between Lenny Foster and Alberto Salomando, former attorney for the IITC.
Following the visit Lenny Foster stated: ‘The visit today by U.N. Special Rapporteur James Anaya to Leonard Peltier in prison is very significant and historic for us.  We thank him for working..to make this possible. This will support efforts for Executive Clemency for Leonard Peltier and promote reconciliation and justice in this case” Leonard Peltier said Friday “if the Constitutional violations that took place in my trial are allowed to stand, it will set precedence for future trials, and jeopardize the freedom and constitutional rights of all Americans.”
Also in attendance of the meeting Friday were:  David Hill, Director of the International Leonard Peltier Defense Committee (ILPDC), Peter Clark, ILPDC Chapter Coordinator and Unoccupyabq.org member. David Hill stated “that Americans can no longer afford to tolerate this miscarriage of justice and we shall make every effort to bring these judicial violations to the attention of all Americans, as well as internationally”

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