Monday, March 10, 2014

Who Is Leonard Peltier?

  • Leonard Peltier is an imprisoned Native American (Lakota) considered by Amnesty International, the Southern Christian Leadership Conference, National Congress of American Indians, the Robert F. Kennedy Memorial Center for Human Rights, Archbishop Desmond Tutu, Nelson Mandela, Harry Belafonte and Rev. Jesse Jackson, among many others, to be a political prisoner who should be immediately released.

  • Leonard Peltier was convicted for the deaths of two FBI agents who died during a 1975 shoot-out on the Pine Ridge Indian Reservation. Mr. Peltier has been in prison for over 38 years.

  • The Wounded Knee occupation of 1973 marked the beginning of a three-year period of political violence on the Pine Ridge Indian Reservation. The tribal chairman hired vigilantes, self titled as “GOONS,” to rid the reservation of American Indian Movement (AIM) activity and sentiment. More than 60 traditional tribal members and AIM members were murdered and scores more were assaulted. Evidence indicated GOON responsibility in the majority of crimes but despite a large FBI presence, nothing was done to stop the violence. The FBI supplied the GOONS with intelligence on AIM members and looked away as GOONS committed crimes. One former GOON member reported that the FBI supplied him with armor piercing ammunition.

  • Leonard Peltier was an AIM (American Indian Movement) leader and was asked by traditional people at Pine Ridge, South Dakota, to support and protect the traditional people being targeted for violence. Mr. Peltier and a small group of young AIM members set up camp on a ranch owned by the traditional Jumping Bull family.

  • On June 26, 1975 two FBI agents in unmarked cars followed a pick-up truck onto the Jumping Bull ranch. The families immediately became alarmed and feared an attack. Shots were heard and a shoot-out erupted. More than 150 agents, GOONS, and law enforcement surrounded the ranch.

  • When the shoot-out ended the two FBI agents and one Native American lay dead. The agents were injured in the shoot-out and were then shot at close range. The Native American, Joseph Stuntz, was shot in the head by a sniper’s bullet. Mr. Stuntz’s death has never been investigated, nor has anyone ever been charged in connection with his death.

  • According to FBI documents, more than 40 Native Americans participated in the gunfight, but only AIM members Bob Robideau, Darrell Butler, and Leonard Peltier were brought to trial.

  • Mr. Robideau and Mr. Butler were arrested first and went to trial. A federal jury in Iowa acquitted them on grounds of self-defense, finding that their participation in the shoot-out was justified given the climate of fear that existed on the Pine Ridge Reservation. Further, they could not be tied to the close-range shootings.

  • Leonard Peltier was arrested in Canada on February 6, 1976, along with Frank Blackhorse, a.k.a. Frank Deluca. The United States presented the Canadian court with affidavits signed by Myrtle Poor Bear who said she was Mr. Peltier’s girlfriend and allegedly saw him shoot the agents. In fact, Ms. Poor Bear had never met Mr. Peltier and was not present during the shoot-out. Soon after, Ms. Poor Bear recanted her statements and said the FBI threatened her and coerced her into signing the affidavits.

  • Mr. Peltier was extradited to the United States where he was tried in 1977. The trial was held in North Dakota before United States District Judge Paul Benson, a conservative jurist appointed to the federal bench by Richard M. Nixon. Key witnesses like Myrtle Poor Bear were not allowed to testify and unlike the Robideau/Butler trial in Iowa, evidence regarding violence on Pine Ridge was severely restricted.

  • An FBI agent who had previously testified that the agents followed a pick-up truck onto the scene, a vehicle that could not be tied to Mr. Peltier, changed his account, stating that the agents had followed a red and white van onto the scene, a vehicle which Mr. Peltier drove occasionally.

  • Three teenaged Native witnesses testified against Mr. Peltier, they all later admitted that the FBI forced them to testify. Still, not one witness identified Mr. Peltier as the shooter.

  • The U.S. Attorney prosecuting the case claimed that the government had provided the defense with all FBI documents concerning the case. To the contrary, more than 140,000 pages had been withheld in their entirety.

  • An FBI ballistics expert testified that a casing found near the agents’ bodies matched the gun tied to Mr. Peltier. However, a ballistic test proving that the casing did not come from the gun tied to Mr. Peltier was intentionally concealed.

  • The jury, unaware of the aforementioned facts, found Mr. Peltier guilty. Judge Benson, in turn, sentenced Mr. Peltier to two consecutive life terms.

  • Following the discovery of new evidence obtained through a Freedom of Information Act lawsuit, Mr. Peltier sought a new trial. The Eighth Circuit ruled, “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." Yet, the court denied Mr. Peltier a new trial.

  • During oral argument, the government attorney conceded that the government does not know who shot the agents, stating that Mr. Peltier is equally guilty whether he shot the agents at point-blank range, or participated in the shoot-out from a distance. Mr. Peltier’s co-defendants participated in the shoot-out from a distance, but were acquitted.

  • Judge Heaney, who authored the decision denying a new trial, has since voiced firm support for Mr. Peltier’s release, stating that the FBI used improper tactics to convict Mr. Peltier, the FBI was equally responsible for the shoot-out, and that Mr. Peltier's release would promote healing with Native Americans.

  • Mr. Peltier has served over 38 years in prison and is long overdue for parole. He has received several human rights awards for his good deeds from behind bars which include annual gift drives for the children of Pine Ridge, fund raisers for battered women’s shelters, and donations of his paintings to Native American recovery programs.

  • Mr. Peltier suffers from diabetes, high blood pressure, and a heart condition. Time for justice is short.

  • Currently, Mr. Peltier’s attorneys have filed a new round of Freedom of Information Act requests with FBI Headquarters and all FBI field offices in an attempt to secure the release of all files relating to Mr. Peltier and the RESMURS investigation. To date, the FBI has engaged in a number of dilatory tactics in order to avoid the processing of these requests.
My support for Leonard Peltier goes back to the mid seventies when Norma and I lived in Terrace, BC and worked with Jim Fulton, NDP Member of Parliament for Skeena, BC. Jim fought hard to stop the illegal extradition of Mr. Peltier from Canada and then to have the extradition order overturned and Leonard returned to Canada. His fight went on for many years and was based on the fact that the USA used information that they knew to be false to obtain his extradition from Canada. 

The actions of the FBI during this time of violence on the Pine Ridge Reservation were reprehensible. They did nothing to investigate the murder of many of the traditional tribal members but then found reason to raid the Jumping Bull Ranch to "investigate" the alleged theft of a pair of used boots. The details of the shootout are very difficult to ascertain. Tribal members gathered on the ranch certainly came under fire (one was killed by a government sniper's round). People were scrambling to return fire, care for the wounded and to move women and children who had come to the ranch for protection out a back road to safety. Peltier has maintained his innocence in the killings of the two FBI agents, refusing to admit guilt even in order to obtain parole, and another man (protected from prosecution because of double jeopardy laws) has admitted killing the FBI agents.

For me, this fight for justice for Leonard Peltier has become a lifelong quest. There was hope that President Bill Clinton would pardon Mr. Peltier when he left office but for his own reasons, he did not. The hope for a Presidential Pardon has now transferred to President Obama. Mr. Peltier is in poor health as a result of not receiving proper care and an appropriate diet for his diabetes from the American Prison System and he deserves to spend whatever time he has remaining with his people.

“I don’t know how to save the world. I don’t have the answers or The Answer. I hold no secret knowledge as to how to fix the mistakes of generations past and present. I only know that without compassion and respect for all of Earth’s inhabitants, none of us will survive—nor will we deserve to.”

― Leonard Peltier, Prison Writings: My Life Is My Sun Dance


  1. Another shameful chapter in the history of the Native American Indians.

    1. Both our countries are guilty of long term, shameful treatment of our First Nations people!

  2. Quite the story and I recall several elements you put forward. I hope he gets an 'out of jail' card too. Stunning how coercion can lead to and keep someone in jail for so many years. Picture Nelson Mandela?

  3. What can we do? Is there a petition that might persuade President Obama to pardon Leonard?

    1. Eve, If you go to his website there is a petition link there. Leonard had his semi-annual doctor's visit but they failed to renew his diabetes medication. He is not in great shape. Thanks for your concern. Croft