Featured Post

AUGUST 9, 1979: OHIO & CALIFORNIA

Dear Supporters: In a brief departure from the mission of the No Parole Peltier Association , the following is offered: Brothers an...

Sunday, May 29, 2016

PELTIER: ANOTHER OPINION...STILL THE SAME...

Reposted from Rezinate Blog:

An article on the ILPDC site asks the rhetorical question “when is enough enough” related to Peltier’s imprisonment.

I wouldn’t think it a difficult question to answer for the survivors of Peltier’s victims, and I can imagine they might reply when their dead have come back to life.

That isn’t possible though as we all know, a secondary response might be when Peltier comes clean and accepts responsibility.

Not much likelihood of that either as Peltier is fully involved in the myth created for him, and when you think about it that’s all he has ….. the myth, even down to being Lakota which he is not.

Peltier was never anything more than a thug, never a person of “consequence” within AIM, that is until he became a cold blooded killer.

The same article includes a quote or two, one claiming we as a people and nations have no heroes, with Peltier being the exception as he was “fighting for treaty rights” - which to put it bluntly is pure unadulterated bullshit.

Peltier’s “fight” was about falsely assuming that two federal agents who were looking for someone else had come to arrest him on a fugitive warrant from Wisconsin.

More than a little difficult to somehow convert that from a thug referred to among his cohorts as “dumb as dirt” to a “political prisoner.”

The reality is AIM’s politics led to a reign of terror that included multiple murders, and in creating a smoke screen it became necessary to turn Peltier into a “hero”.

Another quote says that “Peltier” belongs to the nations and “we” don’t want our brother to die in prison like Geronimo.”

To begin with Peltier belongs to AIM, he’s their boy and they are saddled with him as a man who would commit cold murder, interrogate women at gunpoint, and make a career of lying.

Peltier is no Geronimo, not even close, nor does he or has he ever spoken or done anything “in the spirit of Crazy Horse.

If any comparisons are to be made attempting to liken Peltier in any way with the Apache or Geronimo better to liken him to Mickey Free, a child of mixed Mexican Irish ancestry by the name of Felix Ward who was taken and basically raised by Apaches, no more an Apache than Peltier is Lakota.

As to heroes the nations have many both past and present - neither Peltier nor a single member of the AIM leadership qualify.

Peltier has become a long running media and internet meme sustained in large measure by the uninformed, the misguided, and those who basically don’t give a damn what he or any other “political prisoner” has done.

How many lies they’ve told, or any part of their history - for those who fall into that category while talking about “healing” I would have to say they don’t have a clue and they should stop pretending that they do.

If they believe their “indianness” whether in this life or a "previous life” is defined or dependent upon advocating for a thug they’ve been hanging around the fort for too long.

(further comments by Rezinate…)

Even if I could personally find some work around about the murders AIM and Peltier committed, which I cannot, I don’t believe I could ever do the same about Peltier’s interrogating Annie at gunpoint.

And Annie wasn’t the only woman Peltier pulled his tough act with, there was Minnie Two Shoes and others as well.

No one can ever convince me in light of such things that while on the run from Jumping Bull he wasn’t in touch with AIM leaders like Bank$, Means, and the rest them, that he didn’t know of the plan and advocated for her murder thinking it would protect his sorry ass.

All of which would be in his parole hearing records and the reason why neither he nor ILPDC ever want them to see the light of day- Peltier’s signature on a release form is all that’s required.

He’s spent years in prison? Yeah, but he’s also spent years lying and refusing to sign off.

Then when the RCMP captures him what does dumb as dirt say? He says agents Williams and Coler were murdered because his belief was they were
looking for him on a Wisconsin fugitive warrant.

And of course says he personally had nothing to do with but knows who did – that while also playing the “warrior” role and saying if he had known the RCMP were coming he would have blown them out of their shoes.

Now ask yourself this – how many people do you know or think would take it upon themselves to kill a cop(s) whether federal or not to protect someone, anyone, much less a person like Peltier because his belief was they were coming for him when in fact they were not and didn’t even know he was around?


I don’t know if dirt is dumb or anything is dumber than dirt, but if it is, and something is, Peltier fills the bill, and offhand I’d have to say dirt is smarter than Peltier.

Wednesday, May 25, 2016

PELTIER: CLEMENCY APPLICATION - THANK YOU: PART 2

Dear Supporters:

Continuing the review and critique of Peltier’s Letter to the President and clemency application, it’s unthinkable that his attorneys, Martin Garbus, Cynthia Dunne and Carl Nadler believe that making these documents public would be of any benefit to Peltier.

It’s evident they have blindly bought into the myth and folklore and believe that the USDOJ Pardon Attorney, Attorney General, and the President are unaware of the facts or unable to easily see through the subterfuge of providing half-truths. Garbus, Et. Al., do this because telling the whole story is devastating to Peltier. But the record will be set straight here. Perhaps Peltier should ask for a refund and Garbus, Dunne and Nadler could form a new law firm representing political prisoners who drive ambulances.[i]

The “…notoriously convoluted procedural history…” of the Peltier matter will end in failure on January 20, 2017.[ii] 

They begin the Application with four bullet points that are readily dispelled:

1) “The FBI used improper tactics securing Peltier’s extradition from Canada and in otherwise investigating and trying the Peltier case.”(Quoting from Judge Gerald Heaney’s 1991 letter to Senator Inouye. See the previous NPPA Blog regarding this letter.)

In complete deference to the late Judge Heaney (please see the Judge Heaney sections of this Editorial Essay [iii]), and let it be clear that he was passionate in his beliefs and support of Native Americans, however, he ruled against Peltier based on the facts and the law in every instance.

But the Honorable Judge was ultimately wrong on the extradition.

This is some of the dirty laundry Peltier and his attorneys want to keep out of sight, or hope that everyone is tone deaf to all the Peltier history, like the two-decades long and only alibi that turned into a horrendous lie, Mr. X; the armed escape from Lompoc, and of course, the four page October 12, 1999 letter from the Canadian Minister of Justice A. Anne McLellen to the U.S. Attorney General Janet Reno, where the entire extradition process was reviewed and concluded with:

As I indicated above, I have concluded that Mr. Peltier was lawfully extradited to the United States. In my opinion, given the test for committal for extradition referred to above, the circumstantial evidence presented at the extradition hearing, taken alone, constituted sufficient evidence to justify Mr. Peltier’s committal on the two murder charges. My conclusions in this regard are consistent with the arguments made by Department of Justice counsel before both the Federal Court of Appeal and the Supreme Court of Canada.[iv] (Emphasis added)

In other words, if this concept isn’t lost on the legal scholars, even without Myrtle Poor Bear, Peltier was subject to extradition.

2) “[We] find that the prosecution withheld evidence from the defense favorable to Peltier, and that had this evidence been available to the defendant it would have allowed him to cross-examine certain government witnesses more effectively…”

Nice try, but Judge Heaney’s decision says a lot more about the evidence and Peltier than that single quote, and everyone is encouraged to read it in its entirety. 

This decision related to; an October 2, 1975 FBI Laboratory teletype that was not turned over to the defense, another appeal, a remand back to the District Court for a three-day evidentiary “ballistics” hearing, and the precise meaning of the teletype. Peltier was denied and appealed again to the Eighth Circuit Court of Appeals.

Central to the ballistics hearing and appeal was Peltier’s possession of the only AR-15 among the AIM members that June day and the extractor marks matching from that weapon to a shell casing found in the trunk of Agent Coler’s Bureau vehicle.

Reviewing Peltier’s conviction, Judge Heaney stated “We then held that the evidence was sufficient for the jury to find Peltier responsible for the murders.” (Emphasis added)

Judge Heaney reviewed the evidentiary hearing and trial record and concluded “Yet we are bound by the Bagley test requiring that we be convinced, from a review of the entire record, that had the data and records withheld been made available, the jury probably would have reached a different result. We have not been so convinced.” (Emphasis added.)

Before reaching this conclusion Judge Heaney made perhaps one of the most critical and damning conclusions to Peltier’s credibility, claims of not receiving a fair trial, and alleged innocence:

When all is said and done, however, a few simple but very important facts remain. The casing introduced into evidence had in fact been extracted from the Wichita (Peltier’s) AR-15. This point was not disputed; although the defense had its own ballistics expert, it offered no contrary evidence.”(Emphasis added)[v]

3) “Much of the government’s behavior at the Pine Ridge Reservation and in its prosecution of Mr. Peltier is to be condemned. The government withheld evidence. It intimidated witnesses. These facts are not disputed.”

Would it come as a surprise to Messrs. Garbus that this comment had nothing to do with Peltier’s conviction?

This quote comes from the 10th Circuit Court of Appeals in 2003 when Peltier filed a motion for a Writ of Habeas Corpus seeking immediate release on parole and challenged the record before the U.S. Parole Commission. In other words, it had nothing to do with the underlying conviction for murder, although, the 10th Circuit was entitled to its unsolicited and gratuitous opinion.

But, and of course omitted by Marty, just prior to this rebuke the same appellate court said:

"Previous federal court decisions provided the (Parole) Commission with ample facts to support its conviction that Peltier personally shot Agent Coler and Williams." And further, "While Mr. Peltier, asserts 'the Commission identified no plausible evidence that [he] shot the agents after they were incapacitated,' this statement is simply not true. The evidence linking Mr. Peltier to these crimes is enumerated above. The most damning evidence, the .223 shell casing found in Agent Coler's trunk, may be more equivocal after the surfacing of the October 2nd teletype, but it has not been 'ruled out,' as Mr. Peltier contends. There is no direct evidence that Mr. Peltier shot the agents because no one testified they saw him pull the trigger. But as we stated above, and restate here, the body of circumstantial evidence underlying the Commission's decision is sufficient for the purpose of rational basis review.” (Emphasis added) [vi]

So here, one court that was critical of the government found again a rational basis to deny Peltier's claims and further support his conviction and sentencing. Those criticisms have all been microscopically examined in excruciating detail over the years and were determined to have not created any Constitutional violations of Peltier's rights; even after twice reaching the U.S. Supreme Court.

4) “The use of the affidavits of Myrtle Poor Bear in the extradition proceedings was, to say the least, a clear abuse of the investigative process of the F.B.I.”

So critical was this comment by the court that it was relegated to a…footnote.

Standing alone, and proffered by Peltier and his attorneys, since it was first published in the denial of his direct appeal of his conviction in 1978, this is a damning statement and was used to incite Peltier supporters against the Government. However, they failed to finish the quote which placed it in complete context within the record:

"This was conceded by government counsel on the hearing in this court. It does not, however, follow that the testimony of this obviously confused and 'unbelievable' witness (referring to Myrtle Poor Bear) should have been permitted under either theory advanced by Peltier as hereinbefore set forth." [vii]

NO LESS IRONIC, and tucked away in the record, was Peltier's own attorney's opinion of Myrtle Poor Bear when they believed the Government would call Poor Bear as a witness. They characterized her as a:

"…witness whose mental imbalance is so gross as to render her testimony unbelievable." [viii]

In other words, Peltier wanted it both ways; using Poor Bear as an excuse for his allegedly improper extradition from Canada, but then castigating her when she was a potential witness.

But it gets better. This same court on the direct appeal stated;

Secondly, the direct and circumstantial evidence of Peltier’s guilt was strong, and in our opinion, the admission of these additional exhibits did not prejudice the defendant’s chances for acquittal.” (Emphasis added) [ix]

            To make it clear that the USDOJ Pardon Attorney has all the relevant facts regarding Peltier’s guilt and the sham of forty years of myth and folklore and his outrageously unrepentant public statements, what follows are quotes from letters received by the NPPA from the U.S. Pardon Attorney:

            January 12, 2010: “For your information, Mr. Peltier’s application was carefully considered in this Department and the White House, and the decision was reached that favorable action was not warranted. His application was therefore denied on January 19, 2009.”

            “Your correspondence has be made a permanent part of Mr. Peltier’s clemency file. Thank you for writing to the President.”

            January 13, 2012: “Please be advised that to date, Mr. Peltier has not reapplied for executive clemency. Your letter will be retained and added to any case file created in the event that Mr. Peltier re-applies for executive clemency in the future.”

So, notwithstanding the bogus current clemency application, the truth and facts are already where they belong.

Dear President Obama:

If Leonard Peltier’s clemency application should ever reach your desk, please weigh it in regard to just two of Peltier’s many public statements concerning the unprovoked attack and brutal murders of two federal agents, “And really, if necessary, I’d do it all over again because it was the right thing to do (2010),” and, “I don’t regret any of this for a minute (2014).”

“In the Spirit of Coler and Williams”
Ed Woods

Saturday, May 21, 2016

PELTIER: CLEMENCY APPLICATION - THANK YOU; PART 1

Dear Supporters:

Sometimes Peltier just makes it too easy.

Peltier’s attorneys, Martin Garbus, Cynthia Dunne and Carl Nadler may arguably be decent attorneys but would make terrible poker players.[i] In this high stakes gamble for Peltier’s continued incarceration vs. freedom they gave up their hold cards before the game is over. Not a smart move at all.

Perhaps Marty felt he would gain some public support or sympathy by doing an interview with Mother Jones where he makes erroneous allegations based on the myth and folklore we have heard countless times before, but then publically offers the letter to President Obama along with the forty-four page application for clemency.[ii] Marty though, may just be blinded by his own misplaced passion.

The NPPA has previously offered that it would be extremely beneficial to know exactly the approach Peltier has taken in this last ditch effort for clemency and freedom.[iii] This should have been a well kept secret between Peltier, his attorneys, and the President. But thankfully the legal scream team (and maybe one other from the Left Coast) didn’t think this one through very well. Now, publically, and responding to the President, they have provided the opportunity to dispel the mythology and distortions, point-by-point, with the facts.

Rest assured that many follow-up letters will also be sent to the USDOJ Pardon Attorney, Attorney General Lynch and President Obama. So, thank you for that.

(This will be a multi-part blog dismantling the letter to the President and clemency application. References will be to the page numbers of each document.)

“Mr. Peltier has repeatedly expressed remorse, regret and sadness that the events of June 26, 1975 led to the deaths of young men engaged in their official duties. He is particularly sad that the events of that day led to continuing pain for the families of Agents Coler and Williams.” (Letter p.1)

Absolute nonsense. The closest Peltier ever came to barely even a hint of remorse was in his jailhouse book, Prison Writings where he said “To the still-grieving Coler and Williams families I send my prayers if you will have them. I hope you will. They are prayers of an entire people…if I could have possibly prevented what happened that day…I certainly did not pull the trigger that did it. May the Creator strike me dead this moment if I lie…I am guilty only of being an Indian. That’s why I’m here.”[iv]  (The lies, like one of the big ones, Mr. X, will be addressed later and Peltier should be careful about his wishes.)

Marty, the President will see through this when Peltier publicly states as late as 2010, “And really, if necessary, I’d do it all over again because it was the right thing to do,” and even more recently in 2014, “I don’t regret any of this for a minute.” And so this is not taken out of context, in each instance Peltier was referring to that day at Jumping Bull.

Remorse, regret, sadness? Absolutely, that he got caught and spent the remainder of his life behind bars. Remorse? Not even close, but remaining an unrepentant murderer Peltier will say anything at this point. It’s far too late in the game for that. Notice too that there has never been an apology of any sort attached to these crocodile-tear pleadings. However, even if Peltier mouthed the words, it would not be acceptable.

“…had killed 50 members of the Lakota Tribe.” (Letter p.1)

This figure has changed many times over the years, reaching at one point 70, now down to 50, but it’s a sure bet that Marty, Cindy, or Carl never looked at the list.

A review of the list paints an entirely different picture than the one offered by Peltier and now his attorneys. Readers are encouraged to review the list and come to their own conclusions about deaths on Pine Ridge during the 1973-75 period.[v] (Missing from this early Editorial Essay are the convictions for the AIM directed murder of Anna Mae Aquash. You know, the one who Peltier stuck a gun in her mouth.)

Peltier, early on, evokes the name of Eighth Circuit Court of Appeals Judge Gerald Heaney (much will be referenced to Judge Heaney in later blogs), and points out accurately that he “presided on two appellate panels that considered Mr. Peltier’s appeals at different stages (and authored one of the decisions),” and quotes a letter later written by Judge Heaney calling for “a healing process.” (Letter p.2)

Again, much will be quoted from Judge Heaney, but let the record be clear from the beginning that Judge Heaney ruled against Peltier at every juncture based on the facts and the law. No misunderstanding, no nuance, no technicalities. Of critical importance here is that Judge Heaney never said or implied that Peltier was innocent.[vi]

Quite the contrary, Judge Heaney’s letter invoked by Peltier ignores the Judge’s critical conclusions; “No new evidence has been called to my attention which would cause me to change the conclusion reached in that case.” And, as a mitigating factor that others may have been involved in the shooting of the FBI Agents that “…this fact is not a legal justification for Peltier’s actions.”

And, during a televised “60-Minutes” segment when asked if Peltier received a fail trial, Judge Heaney replied, “I believe he got a fair trial. Not a perfect trial, but a fair trial.”[vii]

            This is just the beginning and barely scratching the surface of a letter and application from Peltier and his attorneys that cannot withstand critical scrutiny.

            This starts with Peltier’s first lie (Application p.3), “I will not re-argue my case,” which is precisely what he then proceeds to do with more of the same that we’ve seen from the beginning, redirecting attention away from the facts and what really happened on June 26, 1975 while attempting to portray himself as a martyr and in some perverse way trying to convince the President that granting him clemency would result in some manner of reconciliation. Peltier continues to work the system when the reality is that Native America has long recognized that Peltier’s actions and those of AIM during the late 60s and 70s did nothing for the betterment of Native American culture.

But, Marty, thanks for the mistake of releasing these documents and providing the opportunity to respond in-kind to the President. Much appreciated. We could not have gotten it any other way.

“In the Spirit of Coler and Williams”
Ed Woods

P.S.
This was just too easy not to make a quick add-on. Low hanging fruit as it were and one has to wonder what the attorneys were thinking (or not) to end their letter with “…that after serving forty years in maximum security prisons (and approximately five years in solitary confinement)…” (Letter p.4)

It doesn’t take a genius, or a band of learned counselors to understand that one convicted of a double homicide and involved in an armed prison escape would serve his sentence(s) in a maximum security facility. But here’s the rub that the Pardon Attorney, Attorney General and the President already know, or if not, Peltier’s lawyers just told them, that Peltier was not a model inmate. Having served “approximately five years” in solitary confinement pretty much tells everyone that Peltier was a problem on either side of prison walls. One of the many prison disciplinary incidents was likely the reason why he ended up down south in USP Coleman.[viii]



[i] The exception being Cynthia Dunne who has already proven she is borderline incompetent and clueless when it comes to the Peltier matter. http://wwwnoparolepeltiercom-justice.blogspot.com/2015/10/peltier-national-lawyers-guild-really.html 
[ii] http://www.motherjones.com/politics/2016/05/leonard-peltier-clemency-obama-aim-wounded-knee (Last accessed 5/20/16) Commenting on the reporting by AJ Vicens is irrelevant and inconsequential because it simply regurgitates erroneous claims by Garbus without any effort to balance the article with some documentable facts. It is simply a Peltier puff-piece. An offer made to Mother Jones for a rebuttal went unanswered. Apparently they are not interested in the facts or balanced reporting.  No surprise there.[iii] http://wwwnoparolepeltiercom-justice.blogspot.com/2016/04/peltier-another-felony.html (“We would offer, challenge actually, to be able to review that application factually, which would doubtless reduce it to a pile of worthless paper.”)
[iv] Leonard Peltier, Prison Writings (New York: St. Martin’s Press, 1999) 15

Tuesday, May 17, 2016

PELTIER: THANK YOU PRESIDENT OBAMA


Dear Supporters:

On May 16th President Obama honored thirteen law enforcement officers, one posthumously, with the Public Safety Medal of Valor. The police officers and one FBI Agent were recognized for their dedication and exceptional courage and bravery, saving lives, subduing or apprehending criminals while placing their own lives in grave danger.



The President recognized "The men and women who run toward danger remind us with your courage and humility what the highest form of citizenship looks like." Attorney General Lynch added that during such violent confrontations the natural instinct would be to seek shelter but "they ran towards the sounds of gunfire..." responding to uphold their sworn duties.

Honoring Philadelphia officer Robert Wilson III, who was killed while off duty attempting to prevent an armed robbery, brings back memories of another Philadelphia officer, Daniel Faulkner, who was brutally gunned down by Wesley Cook, aka Mumia. Wesley Cook, like Leonard Peltier, had become notoriously popular among those who chose to ignore the facts and perversely cling to the folklore rather than recognize them as the cold blooded murderers they really were. (Footnote #1)

One of those recognized by the President was FBI Agent Tyler Call. Although of a later generation, Agent Call and the tens of thousands of current and former FBI agents and law enforcement officials are painfully aware of the brutal murders of Special Agents Jack Coler and Ron Williams in 1976. Their killer now seeks consideration for his brutal crimes.

Thank you President Obama for honoring those who have served courageously and all too often died in the line of duty.

If Leonard Peltier’s clemency application should ever reach your desk, please weigh it in regard to just two of Peltier’s many public statements concerning the unprovoked attack and brutal murders of two federal agents, “And Really, if necessary, I’d do it all over again because it was the right thing to do (2010),” and, “I don’t regret any of this for a minute (2014).”

Peltier remains remorseless and unrepentant and should continue to serve the consecutive life sentences the courts have repeatedly upheld. Peltier is undeserving of any consideration. (Fn: 2)

"In the Spirit of Coler and Williams"
Ed Woods

Footnotes:
1) Murdered by Mumia: http://www.noparolepeltier.com/debate.html#standing
2) One of many letters written to the President, U.S. Attorney General, USDOJ Pardon Attorney and others: http://www.noparolepeltier.com/obama.pdf

Tuesday, May 3, 2016

PELTIER: ANNA MAE & CLEMENCY

REPOSTED FROM REZINATE:
https://rezinate.wordpress.com/2016/05/03/annie-mae-and-clemency/#respond

Annie Mae whose abduction, rape, and murder remains a guilt and shame the AIM leadership can never overcome – “warriors” and “liberators” making war on a lone woman.

Dennis Bank$, Clyde and Vernon Bellecourt, and Russell Means all complicit in Annie’s murder – all knew and know, and all have remained silent.
I remain convinced Leonard Peltier knew as well, was an advocate for her murder and was an active participant in the decision months later after interrogating her at gunpoint and on the run for the murders committed at Jumping Bull.

The AIM leadership has effectively been granted “clemency” for their role in Annie’s murder in the absence of prosecuting a single one of them, and now call for the “healing” of clemency for Peltier.

So I have to wonder what is the standard for clemency? How high must the body count be before it becomes a consideration?

The AIM leadership is responsible for multiple murders  from Wounded Knee 2 to Annie – Peltier by any reasonable standard has four that are known of either by actual participation or complicity.

Two federal agents, another in Peltier’s escape attempt, and his complicity in the murder of Annie.

Is four enough or does the body count need to be higher in order to qualify?
Apparently the leadership believes it is – apparently his supporters do likewise.
Not a one of AIM’s or Peltier’s victims can be granted clemency, no release from the grave, nor should clemency be granted those among the living who are responsible.


To do so has nothing to do with healing, it has to do with condoning murder.