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PELTIER: FETAL POSITION

Dear Supporters: The Peltier website, www.whoisleonardpeltier.info* hasn’t been updated since President Obama denied Peltier’s clemenc...

Wednesday, February 22, 2017

PELTIER: FETAL POSITION

Dear Supporters:

The Peltier website, www.whoisleonardpeltier.info* hasn’t been updated since President Obama denied Peltier’s clemency petition on January 18th.

It appears to be frozen in time with the latest posts as meaningless as Peltier’s claims of innocence, not to mention the perversity of his view that his conviction represented his people.

--On the home page there’s a link to 8th Circuit Court, Judge Gerald Heaney’s letter. 
A letter long debated but clearly not an endorsement of Peltier’s innocence, actually quite the contrary. [i]

--Statement by former FBI Agent and Congressman Don Edwards:  This clearly demonstrates the desperation of the Peltier network. Edwards’ letter is dated December 21, 2000 and was the subject of a critical NPPA rebuttal. [ii]

--Letter by former U.S. Attorney James Reynolds: Reynolds called for clemency and erroneously claimed he had management and supervision over the Peltier conviction. (Mr. Reynolds should be publicly challenged about his assertions, but at this point, it doesn’t matter.) [iii]

--Letter by former FBI agent John Ryan. Disgraced and dismissed, Ryan’s opinion on Peltier is of no consequence.

Further on in the Peltier website there are links to:

--Russ Redner, Thanks for nothing, Obama: Which is rich because Redner, at times, was more of a hindrance than a help to Peltier and was responsible for one of the most ignorant and reprehensible public statements regarding the deaths of Special Agents Jack Coler and Ron Williams.  Peltier publically also brought to light Redner’s “severe emotional and mental problems.” [iv]

--Celebs react to Obama denying clemency to Leonard Peltier: Really? Who cares or gives a rats-whatever what the Hollyweird crowd thinks. Overpaid egotists should stick to what they do best (sometimes anyway), pretending to be someone else.

This is followed by a longer list of the same old plaintive cries of a wrongful conviction completely unmoored from the facts of June 6, 1975 and Peltier’s conviction and many subsequent appeals. Appeals that only reinforced the validity of his rightful conviction and unquestioned guilt. Guilt only toughened by Peltier’s many public admissions. [v]

But not a word from Peltier.  

The last time Peltier believed commutation was imminent, but wasn’t, he fired off his famous “politicians are such sleazebags” comment during a public interview about President Clinton.[vi]  We’re likewise patiently waiting for a similar attack on former President Obama. [vii]

But now inmate #89637-132 must be in a state of bewildered disbelief, sucking his thumb and curled up in a fetal position in the corner of his USP Coleman cell, knowing full well that he’s not going anywhere during this law and order administration.

Peltier does still have the statutory opportunity for parole review hearings, this year and in 2019. Years’ past he has waived the hearings but the sense now is that he’ll at least take a crack at this one. What else does he have? These hearings are administrative in nature to address any mitigating circumstances concerning his sentence and incarceration. Since Peltier remains totally unrepentant, that part is a nonstarter. He does, however, try to make as much noise as possible about his health. Too bad for that, since he robbed Jack Coler and Ron Williams of their opportunity to have a full life and face the predicable aging process.

But we will be watching whether or not Peltier does have a review hearing, now or at any time in the future. [viii]

Nevertheless, there is one bright spot for Peltier. The U.S. Bureau of prisons has hospital facilities.

“In the Spirit of Coler and Williams”
Ed Woods

*The NPPA never hesitated to publicize Peltier’s website. It has been on the NPPA homepage since April 2000.

Postscript:
Now that the Peltier saga has all but come to an end it was time to consolidate the many documents and reference materials and reorganize my study for a long-planned project. In the basement are several storage boxes of Peltier material and four file cabinet drawers in my study that accumulated over the past few years. These were reviewed, duplicates or unnecessary material was discarded, and what remained was placed in another plastic storage bin to join the rest—never to be destroyed, but available, if needed, for historical reference, along with the NPPA website. The next personal project will not be about Leonard Peltier, but another equally important FBI case. Nearly seventeen years of Peltier is about enough. Yet some things will remain. Found among the many documents, blogs, Editorial essay research material, etc., was a simple black and white flyer that brought back an incredibly strong and fond memory—a handout that was given to all who attended the dignified procession to the White House on December 15, 2000 as a show of solidarity against any consideration by then President Clinton not to grant Peltier commutation. Also, not in storage, but on the top shelf of my study in front of the folded flag for the past sixteen years, is a photo in front of the White House of four very proud FBI agents on that cool, crisp winter day. One, who came up with the idea and led the organizing effort; her future husband assisting her; an agent who was very close to Ron Williams and worked the RESMURS case to the end; and a pushy New Yorker who recognized that a torch needed to be lit to honor the sacrifice of two young agents killed in the line of duty and to counter the lies and fabrications from their murderer. It was an incredibly meaningful experience for all who attended and we still owe a debt of gratitude to all those who made that day so significant.




(Leonard Peltier had a recurring dream, especially approaching mid-January, that he could finally see light at the end of the tunnel. It was a freight train.)
“They (FBI and BIA) did not arrive in time to prevent the Oglala Akicitas and their allies from counting coup on them.” (Russ Redner, 2005)
In an October 14, 2005 statement Peltier excoriates the government and nearly everyone else as he also mentions the efforts of Russ Redner, his new LPDC director, who had (only) recently returned to the Peltier camp. But this is how Peltier rewards loyalty when apparently Russ Redner runs into personal difficulties:
"Due to severe emotional and mental problems Russ has submitted his resignation as Director of the LPDC. I have accepted his resignation and ask everyone to pray to Wankan Taka or his Allah to restore his mental health, so that he won't have to be hospitalized."
--Another thoroughly disgusting statement came from low-life, AIM co-defendant, now deceased, Bob Robideau, who penned an email stating “they died like worms.”

Monday, February 6, 2017

PELTIER: NO PAROLE EITHER




                                                                                          No Parole Peltier Association

8190 Beechmont Ave., #101
Cincinnati, Ohio 45255-6117
February 6, 2017


U.S. Parole Commission
90 K Street, N.E. 3rd Floor
Washington, D.C. 20530


                                                                                                            Re: Leonard Peltier #89637-132
                                                                                                                   Parole opposition

Dear Chairman Wilson-Smoot:

We respectfully submit the following, particularly Peltier’s public admissions as late as 2016, as justification for denying parole consideration.

Briefly, Peltier was convicted for the brutal murder and aiding and abetting in the murder of FBI Agents Jack Coler and Ronald Williams on the Pine Ridge Indian Reservation on June 26, 1975. He received consecutive life sentences plus an additional seven consecutive years for an armed escape from USP Lompoc in 1979.  Also, due to a number of prison infractions Peltier has served a total of over five years in solitary confinement.

Peltier’s case has received numerous judicial reviews, twice reaching the U.S. Supreme Court. His conviction and sentence has never been altered.

Peltier has maintained his innocence, claiming to be a political prisoner, and has been supported by a number of celebrities. However, his version of the killing of the agents has changed numerous times over the years and his public statements (set forth below) belie his innocence.

On July 28, 2009 Peltier was afforded a full parole hearing, at which I was one of the witnesses.

Peltier’s parole was denied and extended for fifteen years to 2024. However, under the sentencing guidelines he is afforded biennial interim parole review hearings that may occur this year and in 2019.

Of critical importance is for the Commission to be fully aware of Peltier’s public admissions since his last parole hearing:

In 2010 Peltier stated, “And really, if necessary. I’d do it all over again because it was the right thing to do.”

In 2014 Peltier stated, “I don’t regret any of this for a minute.”

On February 17, 2016, Peltier submitted a petition for executive clemency. His attorneys, Martin Garbus, Cynthia Dunne and Carl Nadler made this document public on the Internet. President Obama denied the petition on January 18th.

The petition is replete with factual errors and relies heavily on long disproven claims by Peltier as he has proffered a never-ending stream of myth and folklore surrounding the events of June 26, 1975 and beyond.

Of critical note for parole consideration is on page three of this document under the heading of “Remorse” where Peltier makes yet another admission of guilt:

“I did not wake up on June 26 planning to injure or shoot federal agents, and did not gain anything from participating in the incident.”

Prior to, and since the 2009 parole hearing, Leonard Peltier remains the unrepentant and remorseless cold-blooded executioner of two federal agents he and others had already attacked and severely wounded. Agent Coler, nearly fatally wounded, was believed to be unconscious from a devastating wound before he was shot twice in the face. Agent Williams, however, was alive and had a defensive wound to his hand before he too was shot in the face, killing him instantly.

Peltier will undoubtedly claim he should be paroled because of health issues. The Bureau of Prisons has medical facilities to address inmate aging and health concerns. However, Jack and Ron, because of Peltier’s criminal actions, never had the opportunity to live a full life and face the inevitable aging process. Peltier robbed them of that possibility.

Leonard Peltier should be shown as much consideration and compassion as he gave Agents’ Coler and Williams, which would be none.

We respectfully request that in view of Peltier’s public admissions and lack of remorse he should not be considered for parole at any time.

Sincerely,

Edward Woods
Edward Woods

cc:
1-Larry Langberg, President, Society of Former Special Agents of the FBI, 3717 Fettler Park Dr., Dumfries, Virginia 22025
1-Tom O’Conner, President, FBI Agents Association, P.O. Box 320215, Alexandria, Virginia 22320
1-Tamyra Jarvis, Warden, U.S. Penitentiary Coleman 1, 846 NE 54th Terrace, Sumterville, Florida 33521

Wednesday, January 18, 2017

PELTIER: THANK YOU PRESIDENT OBAMA

DEAR PRESIDENT OBAMA

If I may take the liberty to not only speak for myself (former Green Beret and 30-year FBI Agent), but on behalf of all the men and women, past, present and future, who wear the uniform or carried the badge and willingly placed themselves in harms way to serve and protect the lives and property of everyone in this great nation.

We are collectively grateful, and humbled, that you chose not to grant commutation to Leonard Peltier. His brutal attack and murder of two young FBI Agents and his remorseless public statements support that justice should continue as he serves the remainder of his lawful conviction and sentence.

May your post-Presidency years, shared with your family, be rewarding and productive.

“In the Spirit of Coler and Williams”
Ed Woods[i]



[i] To all those who have supported the NPPA and helped champion the cause for justice over the past nearly seventeen years, thank you. Jack Coler and Ron Williams, no doubt, are looking down with gratitude. As the final chapter in the long saga of June 26, 1975 comes to an end, solace can be found in that justice has been served. Little more need be said and the periodic blogs and updates will undoubtedly end, but the No Parole Peltier Association website will remain as an Internet resource for those who are at least concerned about learning the facts and truth.
“In the Spirit…Ed

Sunday, January 15, 2017

CHICAGO TRIBUNE: PELTIER CLEMENCY? NEVER

Dear supporters:

From the Editorial Board:

Chicago Tribune, January 13, 2017: Editorial Board

Leonard Peltier is 72 and in his 40th year of a life sentence for the 1975 murders of two FBI agents on a reservation in South Dakota. He's a cause célèbre in a movement to persuade President Barack Obama to commute that sentence and let Peltier walk free. That movement has a lot of star power: South African Bishop Desmond Tutu, the Rev. Jesse Jackson and Robert Redford, among others.

Peltier is among a batch of potential pardons and clemency requests that Obama could take up in the waning days of his presidency.

There's Chelsea Manning, the former Army private serving 35 years in prison for disclosing reams of classified material about the U.S. handling of wars in Iraq and Afghanistan. There are also bids for posthumous pardons for Ethel Rosenberg, executed in 1953 for conspiring with her husband to hand over to the Soviet Union secrets about America's nuclear program, and black heavyweight boxing champion Jack Johnson, who was imprisoned in 1913 for transporting his fiancé, a white woman, over state lines for "immoral purposes."

Manning's disclosures of American wartime military decisions and tactics rankled the Obama administration, so commutation in her case is doubtful. Peltier, however, appears to have some momentum.

Besides the celebrities pushing for his release, a former U.S. attorney at the office that prosecuted Peltier is urging Obama to consider "compassionate release" for the jailed American Indian activist. "Forty years is enough," the former prosecutor, James Reynolds, told the New York Daily News.

No it isn't. Peltier should stay in jail for the rest of his life.

Peltier was 30 when FBI agents Ronald Williams and Jack Coler arrived at the Pine Ridge Reservation in South Dakota on June 26, 1975, to arrest robbery suspect Jimmy Eagle. They were met with a torrent of bullets, from what prosecutors say were at least seven assailants. As the two agents lay in the dirt heavily wounded, three of the attackers walked up to them. One, armed with an AR-15 semiautomatic rifle, shot both in the head at close range. Brutal, barbaric execution — nothing less.

Peltier was the only assailant wielding an AR-15 that day, according to eyewitness testimony.

In 1977, a federal jury convicted Peltier of the agents' murders. He was sentenced to two consecutive life sentences.

Peltier has consistently maintained his innocence. He and his backers argue that prosecutors never produced anyone who could identify him as the man who fired the fatal shots. But an appeals court found that it didn't matter whether he was the shooter; it was sufficient that he was proven to be an "aider or abettor" in the murders.

Peltier's lawyers have also claimed that the FBI fabricated and withheld evidence. Appellate courts have agreed that there were flaws in how the FBI — and prosecutors — handled the case. But those flaws, the courts ruled, weren't significant enough to warrant a new trial. The U.S. Supreme Court declined to hear his appeals, and requests for parole have also been rejected.

Peltier's supporters have always framed the plea for his release against the backdrop of long-standing mistreatment of Native Americans by the U.S. government. Pine Ridge is home to Wounded Knee, the site of a massacre of 200 Sioux men, women and children by the Army's 7th Cavalry in 1890.

But Peltier's case is not about the plight of Native Americans. It's about justice for two men who were killed while carrying out their duties as law enforcement officers. Period.

Obama has been unusually generous when it comes to clemency, issuing more commutations than the combined total for the last 11 presidents. Those commutations, more than 1,170, focus on inmates serving long sentences for nonviolent drug offenses.


Peltier's case is wholly different. He was convicted of cold-blooded murder, and for that, he should stay behind bars.


"In the Spirit of Coler and Williams"
Ed Woods

Saturday, January 14, 2017

PELTIER: 15 YEARS--NONSENSE & MYTH

Dear Supporters:

As Leonard Peltier whines for more support and money, he repeats, again, that he has allegedly served his two consecutive life sentences:

Over the past 41+ years, with over 20 years of good time (GT) credit, I have now over 60 prison years of time served. Under the Old Law system that applies to my case, this is by far longer than I was supposed to serve. Per the laws I'm under and that apply to my case, 7 years was a life sentence!! It did not mean that was all I was supposed to serve, but that I was eligible to be paroled and unless they had evidence to keep me in prison, I was to be granted parole. In my case, I was to be paroled to the next 7 years, so in all I was to have only served 14 years. Next, there was the 30-year Mandatory Release (MR) law. All federal sentences were to be aggregated, meaning I would have to only serve 30 years. Many people have been released under the 30 MR law. Again, they could only refuse you a release if they "proved," not just made claims, that you continued to violate the law. These same laws still apply to me today or are supposed to. (12/23/16)

Sounds ominous and seemingly legitimate, but let’s do the math and review the law.

Peltier was arrested in Canada on Friday, February 6, 1976, which began his incarceration.

On anther Friday, three years and five months later, on July 20, 1979, Peltier was involved in an armed escape from USP Lompoc, California where weapons were waiting outside the prison walls and guards were fired upon.

Peltier was arrested five days later; tried, convicted and sentenced to an additional consecutive seven-year sentence.

Does Peltier or any of his bewildered supporters or attorneys remember this?

So, that began a pretty black mark on Peltier’s prison record.

By Peltier’s (and his attorneys) own admission, he has served over five years in solitary confinement. Not a reward for being an ideal inmate.

Even giving Peltier the benefit of the doubt, his good time, minus the five years in solitary, shouldn’t begin until July 1979; and that’s a stretch.

Peltier tries to convince us that he has, “Over 20 years of good time.”

A question he hasn’t answered, is that total, or consecutive?

Remember when Peltier was “shot” in Prison? (Getting “shot” is prison jargon for violating prison rules and suffering the consequences.)

(Please review the blog for the details that landed Peltier in solitary for six months [July 27, 2011] and along with other infractions that likewise had him transferred from Leavenworth to Terre Haute, Lewisburg and ultimately USP Coleman.[i] )

To Peltier at least, these “good time” credits have no expiration or controlling date.  Do they just accumulate collectively between “shots” and solitary confinements?  It’s possible that the Bureau of Prisons uses something like a clean slate policy and good time begins at the end of the last disciplinary event.

Peltier claims that under the guidelines when he was sentenced, “7 years was a life sentence!!” No so fast…

In the federal system, for example, as far back as 1913, parole reviews took place after serving 15 years, though remaining incarcerated for the rest of one’s life was still possible. [ii]

Peltier has been afforded a number of parole hearings after being incarcerated for his first fifteen years.[iii]

The simple A,B.C’s of the unrepentant Peltier follows the law that the U.S. Parole Commission may grant parole if (a) the inmate has substantially observed the rules of the institution; (b) release would not depreciate the seriousness of the offense or promote disrespect for the law; and (c) release would not jeopardize the public welfare.[iv] Although, perhaps not a physical threat, Peltier fails to meet (a) and (b).

A life sentence, without the possibility of parole, has been decided by the U.S. Supreme Court in the Schick v. Reed case. Schick, whose death sentence was commuted to life without parole for a crime Schick committed in 1969 would have been eligible for parole in 1954. In other words, eligible for parole in fifteen years.

That Court (and later court decisions) also concluded that a whole-life sentence was constitutional.[v]

Perhaps Peltier and his supporters must be reminded that Peltier has been down this road before; challenging the longer term imposed by the Parole Commission.

In the 10th Circuit Court decision on this very subject, Peltier ignores the essence of the denied appeal but never fails to quote a couple of sentences.[vi] (Peltier’s entire parole hearing history is detailed in this court decision.)

That decision also included:

“Contrary to Mr. Peltier’s assertion that evidence undergirding his conviction has begun to “evaporate,” the evidence supporting the jury’s verdict appears in numerous decisions of the Eighth Circuit decisions. Neither the conviction nor any of the subsequent court decisions have been overturned.”

“The Eighth Circuit recognized the intimidation of AIM activists but noted each witness’s attestation that his trial testimony was truthful.”

            “The Commission’s description of the murders in various Notices of Action as ‘executions’ and ‘cold-blooded’ was warranted.”

            “The Commission’s characterization of these events appears accurate to this court.”

            “Previous federal court decisions provided the Commission with ample facts to support its conviction that Mr. Peltier personally shot Agent Coler and Williams”

            “Our only inquiry is whether the Commission was rational in concluding Mr. Peltier participated in the execution of two federal agents. On the record before us, we cannot say this determination was arbitrary and capricious.”

(Reviewing the entire decision provides a far different picture than Peltier would like us to believe.)

Peltier goes on to claim, “All federal sentences were to be aggregated, meaning I would have to only serve 30 years.”

Can Peltier provide any proof of this claim? Don’t think so. Nor is there any reference to an aggregated sentence in Peltier’s legal history.

As for “mandatory release” and Peltier claiming he would only have to serve 30 years. Close, but not there yet, because there’s a pesky definition that Peltier would sooner forget:

Merriam-Webster: Consecutive: following one after the other in a series: following each other without interruption.

And to be clear, Peltier received Consecutive life sentences. That means, 30 plus 30 for 60, plus the consecutive 7 years for Lompoc for a total of 67, minus the 41 already served, leaving 26 years until 2043. However, Peltier’s next full parole hearing is 2024.

One other not too insignificant fact is the Federal Bureau of Prisons’ public records. Inmate records would include a specific release date, if there were one.

A search of BOP records for inmate #89637-132 reveals;

Leonard Peltier, Coleman 1 USP, and under Release Date, “Life.” [vii]

“In the Spirit of Coler and Williams”
Ed Woods

Thursday, January 12, 2017

PELTIER: JACK COLER, JANUARY 12, 1947

Dear Jack:

Those of us who remain, your family, friends, FBI associates and law-enforcement across the country know that you are looking over us as one more year passes.

Many of us believe that you are still the same strong, dedicated, committed and quintessential police officer, then FBI Agent, that you were in 1975.  It comforts us to keep that memory alive, especially those who knew you personally, that you are ageless and possess an omniscient awareness. As a devoted family man you are no doubt proud to watch over your family and grandchildren.

Today is January 12, 2017, the day you would have turned seventy and within eight days—mere hours, we will know whether justice continues. No matter how it turns out, you know we never stopped trying.

We are grateful to have a guardian angel, a brother in arms, as those in Blue face grave challenges from a growing segment of society that has little respect for those who willingly place themselves in harms way to protect, serve and enforce the laws of this nation.

As you undoubtedly know, you, Ron and all the FBI Service Martyrs are honored every year with a memorial service. And as an ongoing reminder to all FBI employees and visitors, each office displays the names and photos of those who made the ultimate sacrifice in the line of duty.

Your legacy will never be forgotten.

We collectively pray that January 20th will pass and we can close this difficult chapter with the understanding that at least justice has been served.

Jack, please continue to look after us and keep those willing to serve from harms way.

“In the Spirit…

Ed

Friday, January 6, 2017

PELTIER: JUDGE HEANEY; REDUX

Dear Supporters:

What follows is an excerpt from a 2003 (fourteen years ago) NPPA Editorial Essay addressing public statements from Leonard Peltier and the Leonard Peltier Defense Committee (LPDC). It is reprinted in response to Peltier’s recent comments about Judge Heaney and the letters he has written.

* * *

Honorable Gerald W. Heaney, Eighth Circuit Court of Appeals

Circuit Court Judge Gerald Heaney is truly a member of America's Greatest Generation. At the outbreak of World War II, as a young lawyer, he could have avoided the heat of battle and probably used his legal talents in a safe stateside assignment. Instead, he sought a U.S. Army commission and became a young infantry officer participating in the D-Day invasion and several significant battles leading to the end of war in Europe. His courage can be neither denied nor ignored.

Judge Heaney is a jurist of impeccable reputation and experience. His character is irreproachable and unquestioned, and we know this because of a very specific example from the Peltier case.

By way of brief background

Judge Heaney was a member of the court during a 1984 appeal and wrote a subsequent 1986 opinion denying Peltier's appeal based on the application the federal Brady and Bagley legal tests. This decision was the result of Freedom of Information Act material provided to Peltier that became the basis for a three-day evidentiary hearing (on ballistics evidence) in the district court in October 1984.

Throughout this period Judge Heaney obviously held some very strong feelings concerning the historically unfair treatment of Native Americans in general, and the government's handling of the events leading up to the take over of Wounded Knee (February 1973) and the later subsequent killing of the two FBI Agents in June 1975.

His feelings about these issues and the history of Peltier and related cases moved him to write an impassioned letter in April 1999 to U.S. Senator Daniel K. Inouye during the term of then President George H.W. Bush - this presumably when Judge Heaney was either retired from the bench or in senior status. This letter, along with a subsequent one to Senator Inouye dated October 24, 2000 (in which he reaffirms his previous letter), during the final weeks of the Clinton administration, were written not as an ordinary citizen, but on United States Court of Appeals stationary, making them at once, personal and official correspondence.

Judge Heaney's first letter listed several mitigating reasons why he believed Peltier should be afforded some consideration of leniency: "At some point, a healing process must begin," he said.

Judge Heaney added, "My thoughts on these other aspects result from a very careful study of the records..." but throughout this letter Judge Heaney never suggested that Peltier was innocent. Quite the contrary, he had this to say on the issue of Peltier's guilt:

"Third, the record persuades me that more than one person was involved in the shooting of the FBI agents. Again, this fact is not a legal justification for Peltier's actions, but is a mitigating circumstance." (Emphasis added)

Judge Heaney himself would be needed to expound on this point, whether he consider(ed) (the Honorable Judge Heaney has since passed away) the initial wounding of the agents as a factor or that three people (Peltier, Robideau and Butler) went down to the wounded agents, and one, or all three, murdered the agents at close range.

No doubt, as Judge Heaney has done throughout his judicial career, he will set aside personal feelings and made his decision based on the proper application of the law as he did in 1984 and 1986.

And apparently he did.

Denial by the Eighth Circuit Court of Appeals

In a unanimous decision, on December 12, 2002, the Court of Appeals, of which Judge Heaney was a member of the panel, denied Peltier's recent motion to reduce his sentence.

Peltier's attorney's arguments, as we have seen, were untimely at best and based on issues that had been previously argued and rejected by the courts, even to the extent that former AUSA Crooks quoted one of Judge Heaney's own decisions during the proceeding.

However, Peltier's attorney Eric Seitz of Honolulu angrily and publicly stated that this ruling was "a disgrace" and further proof that "nobody who seems to care about Leonard is in a position of responsibility or authority." (But, Mr. Seitz, someone most certainly is.)

Seitz added that he was not "...particularly optimistic that any of the judges now sitting have any compassion or willingness to do the right thing here." "They're inclined to let him rot in prison."

Seitz's last comment was directed at the U.S. Supreme Court, but by implication both comments are leveled squarely at the Eighth Circuit Court of Appeals and Judge Heaney.

Seitz would do himself and Peltier a service to remember that Judge Heaney was one jurist - "in a position of responsibility and authority" - who came down squarely on the side of Peltier, the Native American. Judge Heaney, as well as the other judges, saw the frivolousness of Seitz' arguments and ruled against Peltier based on the law.

Seitz can whine and complain and throw around typical Peltier camp rhetoric all he cares to, since he has foolishly ignored one man who has plenty of passion on this subject, Judge Heaney.

But thankfully, although abundantly passionate on the plight of Native Americans, Judge Heaney (was) a jurist of the highest caliber and knows that Seitz's legal arguments were flawed.

Yet Seitz, and those among the reenergized Peltier campaign, would want the Court of Appeals "to do the right thing here" and yield to passion in the face of frivolous legal maneuvers.

                Reenergized or not, the tune and tone of the "Until Justice is Won" campaign is still the same. Make as much noise as possible but stay away from the revealing legal history of the case.

“In the Spirit of Coler and Williams”
Ed Woods

Addendum:

During a later 60-Minutes interview Judge Heaney was asked if Peltier received a fair trial. His response, “He received a fair trial. Not a perfect trial, but a fair trial.”
For a thorough review of Judge Heaney's background, please see:
https://en.wikipedia.org/wiki/Gerald_Heaney