Friday, January 12, 2018

SA JACK R. COLER: 1947-1975 REST-IN-PEACE

Dear Supporters:

Husband, father, son, brother. Professional, dedicated, courageous. These are some of the words that come to mind when we remember Jack. Others are partner, friend and the unquestioned character traits of Fidelity, Bravery and Integrity. Jack left behind a loving widow and two young sons who may have only a faint memory of their devoted, caring and brave father.

On January 12, Jack would have reached his 71st  birthday. There is no way of knowing what these last decades of his life may have brought. But those who knew him could easily imagine a life rich in accomplishments and strong family ties. Retired from a long and productive Bureau career and with Jack’s commitment and dedication to law enforcement (former LAPD), he may have pursued another career as a Chief of Police. Or, with his sons and grandchildren continued his great love of the outdoors with deeper adventures exploring remote wilderness areas.

All the potential enjoyment, happiness, successes and challenges of a life that was to be, however, was robbed from Jack, his family, and many friends by the Cowards of Jumping Bull on that agonizing and tragic day in 1975.

With certainty, Jack Coler, looking down, knows that we will continue to honor his memory and sacrifice in the line-of-duty.

That reverence and commitment has no expiration date.

To see Jack as he was then, and to imagine meeting him today, please see the remarkable video produced by the Society of Former Special Agents of the FBI available on YouTube. There, you will learn about the incredible Jack Coler and his equally brave and courageous partner, Ron Williams: 
Added recently to this tribute is a heartfelt song written and performed by retired Agent Fernando Candelario:


“In the Spirit of Coler and Williams”
Ed Woods

P.S.
On occasions of recognizing Jack’s and Ron’s birthdays, we don’t mention or comment on Peltier and the International Leonard Peltier Defense Committee propaganda machine. However, the ILPDC’s 12/29/17 Press Release raises issues that beg for a response. https://www.whoisleonardpeltier.info/general/end-of-year-ilpdc-letter/

Note to Peltier attorney David Frankel:

You may want to advise your clients that claiming donations to Peltier to “…use it as a tax write off on your 2017 Tax Return,” is in violation of I.R.S. laws. Felonies? Peltier is not a charity case, not a 501(c)3 (and can never be one…nor legally launder money through a shill company as they have done in the past), nor be in a position where the implication is that, as an inmate, he is running a business to raise funds from the unsuspecting, now under the guise of a “Peltier legal trust fund,” (whatever that may be). We will watch closely to see how all this fits together. These are pieces of a puzzle Peltier does not want supporters or the public to see what the final picture really looks like. But most already know.

A new plan? Extradition, parole hearing, Habeas Corpus, investigators on the prowl?

The Canadian government spoke very clearly about Peltier’s legal extradition.

The parole board has spoken; flopped for fifteen years in 2009, for the second time. They obviously acknowledge Peltier’s conviction and otherwise have no tolerance for his shallow and fabricated claims of innocence.

Habeas Corpus generally has to be predicated on newly discovered evidence. Good luck there for the forth or fifth time, along with other failed renewed appeals; rule 35’s and 2255’s. Many, well seasoned and dedicated attorneys have been through every word of the Peltier case and have, unsuccessfully, made no headway. (Except for the October 1984 Evidentiary (ballistics) hearing that was further held against Peltier by the 8th Circuit….Hon. Judge Gerald Heaney: “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 AR-15. This point was not disputed: although the defense had its own ballistic expert, it offered no contrary evidence.http://www.noparolepeltier.com/800.html:

Investigators: Please feel free to have any one of them contact me. I would be more than happy to provide them meaningful documentation. Lord knows they could use it. Curious though, according to you, “The committee has retained the services of two investigators...” “Retained” implies, at least, payment for services, yet Peltier still has a pending judgment but at the same time claims indigency. Seems to raise a conflict here, money for questionable pursuits but not legitimate legal debts. But Peltier is entitled to an appeal, again.


You advise Peltierites that, “These efforts will require your financial support.” (There’s the money again.) Peltier, now with his attorney’s urgency, is always on the come as they say. Certainly billable hours do accumulate, and apparently every penny counts.

Monday, January 1, 2018

PELTIER: JAMES REYNOLDS, PART III, DANCING ON GRAVES

Dear Supporters:

What follows is a review of the NPPA letter sent to former United States Attorney James Reynolds on 11/6/17 along with a brief telephone call on 11/27/17. To be clear at the outset, Mr. Reynolds is entitled to exercise his First Amendment right to free speech, as are we to challenge his questionable public statements.

The text of the telephone call is set forth below (Footnote #1).

By way of background and as a follow-up to the previous NPPA blog, Mr. Reynolds was sent a letter on November 6th asking specific questions concerning his public statements in an undated letter to President Obama and an interview with the New York Daily News. (Fn. 2).

The NPPA letter offered Mr. Reynolds the opportunity to respond to the following questions: (Fn. 3)

-His justification for believing that justice is served with Peltier only serving 20 ½ years, each, for the brutal murder of two already severely wounded FBI Agents.

-To clarify the critical statement to the New York Daily News that “we may have shaved a few corner(s) here and there” regarding Peltier’s conviction and appeals, and as a result, impugning the reputation of at least former United States Attorney Evan Hultman.

Reynolds should answer these questions for the following reasons:

1) “Reynolds claims to have ‘directed Hultman’s handling of the appeal of Leonard Peltier.’ 

Statement of Lynn E. Crooks, Retired Assistant United States Attorney, North Dakota.

"This claim is a gross misstatement of the record.  The trial record being in Fargo, ND it was only logical that I be given primary responsibility for assigning and coordinating research projects with other members of the trial team and then preparing the first drafts of the Government’s responses to the murderer’s arguments.  In doing so I had numerous conversations with Mr. Hultman and all other members of the trial team, as well as my own United States Attorney.  Other than small stylish changes there were no substantial changes that I can recall being made to the agreed upon drafts which were prepared in this fashion.  I had no conversations of any kind with Mr. Reynolds.  To the best of my knowledge he contributed nothing what-so-ever to what went into the final brief on Direct Appeal or into any of the subsequent government briefs resisting Peltier’s numerous attempts to obtain Post Conviction Relief.”  (Emphasis added)

2) On December 7,  2017 former United States Attorney Evan Hultman was contacted and advised of the content of Reynolds’ letter and media interview. Because of a critical family matter Mr. Hultman advised that he would formally respond when able. However, his initial reaction concerning Reynolds was extremely negative.

3) Reynolds’ letter to President Obama appears as a “Press Release” on the Peltier website. (Fn. 4)  (Reynolds provides his claimed authority to speak in favor of clemency as the former U.S. Attorney who allegedly “directed” the handling of Peltier’s appeals).

4) On the Internet, Peltier supporters have quoted Reynolds’ New York Daily News statement that “we may have shaved a few corner(s) here and there. 

5) Reynolds public statements to the media may provide the new Peltier legal team with an avenue to pursue regarding Peltier’s conviction and failed appeals.

* * *

We only have Mr. Reynolds public statements to hint at his motivation to become a shill for the Peltier camp. At what point he decided to support Peltier is unknown. Perhaps he ignored, forgot, or wasn’t knowledgeable of the voluminous legal proceedings and documentation in the Peltier case, but then conceivably became enamored and then sucked into the murk of Peltier myth and folklore.

However, Reynolds did take that step perhaps understanding he was going against his own conscience, best judgment, and fidelity to his former position and colleagues by stating  I know I’m going against company policy, as they say.”

Reynolds public statements called into question Peltier’s conviction and appeals by suggesting, “corners” were “shaved” and by doing so, assailed the integrity and reputation of the federal prosecutors, and by implication, himself as well. Which brings us back to the initial premise: If Reynolds had any information of this sort, where has he been for the past twenty-five or so years and why did it take him this long to crawl out of the woodwork? Peltier had other clemency and parole opportunities, but by all accounts, Reynolds remained mute.

Reynolds public position for Peltier can be viewed in two ways: supporting clemency (commutation of sentence) and the issue of Peltier’s guilt or innocence.

Claiming that it’s a matter of Peltier’s age and time served rings hollow.

Reynolds commented that, “But at this point, we’ve got 40 years on him, 40 pounds of flesh, maybe it’s time to let him go ... I don’t think keeping him in there will make society a better place."

Forty pounds may be a little generous and perhaps it is possible that the bloated figure I sat next to at Lewisburg Penitentiary in 2009 may no longer be a physical threat, but then there’s the matter of justice and society is always better served when justice is the final outcome. (Fn.5)

As for Peltier’s age and health, perhaps Mr. Reynolds should consider the alternative. Facing, as we all must, the inevitable challenges of aging, with Reynolds now approaching his 79th year, or, at age twenty-eight being critically wounded and then having his face blown off? Doubtful Reynolds would choose the latter.

Calling into question the handling of Peltier’s conviction and appeals, by implication and inference, could suggest that Reynolds may also support Peltier’s spurious claims over the years. A few for instance:

            “I can’t believe that the FBI intended the deaths of their own agents…they didn’t even have a warrant for his arrest—nor does it jibe with the fact that scores, even hundreds, of FBI agents, federal marshals, BIA police, and GOONS were all lying in wait in the immediate vicinity.” A lie! (Fn. 6)

“There were dozens, maybe hundreds, of FBI, local lawmen, GOONs, and white vigilantes out there, suddenly appearing within minutes as if from out of nowhere…” A Lie! (Fn. 7)

            “I fired a few shots above their heads, not trying to hit anything or anyone…” A lie! (Fn. 8)

            “I didn’t see their agents die, had no hand in it, would have done anything to stop it had I only known in time…” A Lie! (Fn. 9)

            “…(Law enforcement) had been gathering in the area for a planned paramilitary assault on the Pine Ridge reservation…This raid had obviously been preplanned. Maybe they figured they could come in and finish us off after the two agents had drawn our fire, giving them the excuse they needed.” A lie! (Fn. 10)

            “This story is true.” (Peltier’s only alibi, that the phantom Mr. X killed the agents and drove off in the infamous red pickup.) A Lie! (Fn.11)

            And there is so much more.

* * *

Mr. Reynolds ended our brief telephone conversation with:

“Well you’re an interloper in this whole thing, dancing on these guy’s graves and I don’t think it’s very appropriate.”

Interloper? Apparently Mr. Reynolds doesn’t understand the meaning of the term.

By definition an interloper is a person who becomes involved in a place or situation where they are not wanted or are considered not to belong.

Reynolds alleged personal involvement in the Peltier case—as questionable as it may be—is at least a quarter century in the past. Where has he been concerning Peltier since the early 1980s and did he harbor any affirmative feelings towards Peltier when he allegedly had the opportunity and authority to say so? Reynolds, an interloper, now materializes at this point in time.

Here’s the difference: This writer was in the FBI for nearly three decades and after meeting Jack Coler’s youngest son and witnessing all the misinformation Peltier had posted on the Internet and in the public domain—that was unchallenged up to that point—something had to be done. Peltier’s denigration of the memory and sacrifice of two young Agents brutally murdered in the line of duty—for which he was convicted—prompted taking up the cause to honor their memory.

As fellow Agents, whom I never met, challenging and exposing Peltier’s years of fabrications and outright lies, Mr. Reynolds, is “appropriate.”

No, Mr. Reynolds, their memory here has been sustained. However, it is more telling that someone in your previous position and who publicly supported clemency for a convicted brutal double murderer, makes you the one who is dancing on these guy’s graves.

And for the record, so perhaps you will remember, their names are,
Jack R. Coler and Ronald A. Williams.

“In the Spirit of Coler and Williams”
Ed Woods

P.S.
Mr. Reynolds, take a few moments and meet Jack and Ron:
“Remembering FBI Special Agents Jack Coler and Ron Williams”
Video produced by the Society of Former Agents of the FBI

Footnotes:
1) Telephone conversation on November 27, 2017:
James Reynolds (JR):  Hello.
Ed Woods (EW): James?
JR: Yeah.
EW: Hi, this is Ed Woods, I wrote you a letter on November sixth regarding Leonard Peltier and I just wanted to make sure you received it.
JR: I did.
EW: OK, would you care to make any responses to the questions I raised?
JR: No.
EW: Well, you took a pretty strong stance for clemency for Peltier with your letter and your interview with the Daily News, so are you in a position to back up some of the claims that you made?
JR: I’m not going to discuss it with you; I don’t know why I should.
EW: Well, I think you should because as a former U.S. Attorney…
JR: Well you’re an interloper in this whole thing, dancing on these guy’s graves and I don’t think it’s very appropriate.
EW: Hello?
(From notes taken during the conversation and transcribed immediately thereafter.)
2) New York Daily News interview, Tuesday January 3, 2017.
(Press release with Reynolds’ letter; Last accessed 12/4/17: Peltier’s then attorneys Marty Garbus and Cindy Dunne offer the typically skewed version of the Peltier case, but two things stand out; for a not so apparent reason, while quoting James Reynolds, they make no mention of the elephant in the room (shaved a few corners…), and then they dredge up very tired old news about 8th Circuit Court of Appeals Judge Gerald Heaney. Judge Heaney did offer his opinion about freeing Peltier, but they would dare not tell the rest of the Heaney story; http://wwwnoparolepeltiercom-justice.blogspot.com/2017/10/peltier-heaney-factor.html
6) http://www.noparolepeltier.com/timing.html Ron Williams calling for assistance on the FBI radio: 
Footnotes 6 through 10, quotes taken from Peltier’s autobiography Prison Writings, with additional references.
8) Peltier admits for the first time in a televised 60 Minutes interview with Steve Kroft that he fired “at” the Agents. http://www.dailymotion.com/video/xc9ofu (Last accessed 12/3/17)
9) http://www.noparolepeltier.com/judge.pdf Peltier’s conviction and review and details regarding Judge Heaney. http://www.noparolepeltier.com/585.html (Direct Appeal: note the names of Evan L. Hultman and Lynn E. Crooks)
10) The fallacy of a preplanned raid. The “Sanctioned Memo:”
11) The lie of Mr. X: Quote from Peltier in the film Incident at Oglala.

(Note: To all the loyal NPPA supporters, thank you, and even the Peltier supporters who are on the NPPA emails lists, best to all for a healthy and Happy New Year. )