PELTIER: DEMOCRACY NOW..."JUDGE" KEVIN SHARP...Part 1

Dear Supporters:

Today on the Democracy Now podcast, former federal district court judge and Peltier pro bono attorney Kevin H. Sharp, was interviewed by Amy Goodman.

Mr. Sharp made a number of claims about Peltier's conviction that need to be addressed and corrected.

What follows is a comment posted regarding Mr. Sharp's public statements.  (More to follow)

“Judge” Kevin Sharp is grossly misrepresenting the record of Peltier’s conviction by inappropriately claiming that the ‘standards are different.’ Nonsense. 

Sharp, by referencing Myrtle Poor Bear without acknowledging that she never testified, and that Peltier’s own attorney characterized her as a “…witness whose mental imbalance is so gross as to render her testimony unbelievable,” only plays right into the Peltier narrative. Sharp alleges that ballistics evidence was withheld from the defense, and then ignores the 1985 three-day evidentiary (ballistics) hearing and that the 8^th Circuit reviewed the entire matter concluding “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...” and, “the trial witnesses unanimously testified that there was only one AR-15 in the compound prior to the murders, that this weapon was used exclusively by Peltier and carried out by Peltier after the murders.” (The Poor Bear affidavits were used regarding Peltier’s extradition. However, the Canadian Government, in 1999 was unambiguous, that “…Mr. Peltier was lawfully extradited to the United States,” “…the circumstantial evidence presented at the extradition hearing, taken alone, constituted sufficient evidence to justify Mr. Peltier’s committal on the two murder charges.”) Among many of Sharp’s misrepresentations is the wholly inaccurate claim that the government somehow changed its prosecution theory to one of Aiding and Abetting, again, ignoring the basic record that Peltier was indicted on November, 17, 1975 for murder and Aiding and Abetting, warrants were issued based on those charges, and within the Peltier trial transcript {4874 – 5164} the defense and prosecution discussed with the judge, jury instructions on Aiding and Abetting and that it was also included in the government’s closing argument. Sharp’s fatally flawed claim of ‘different standards’ collapses with one of the many appellate decisions from as late as 2003; “Previous federal court decisions provided the (parole) Commission with ample facts to support its conviction that Peltier personally shot Agents Coler and Williams.” “Neither the conviction nor any of the subsequent court decisions have been overturned.” (10^th Circuit Court of Appeals, 1/4/2003). Sharp’s pro bono support of Peltier is admirable; he can be respected for that, but in the process, being a former federal judge and an attorney, he has to accurately assess the facts. Otherwise, it’s just more noise from the Peltier camp, and there would be much more to comment on Mr. Sharp’s public statement.

"In the Spirit of Coler and Williams"

Ed

During Peltier's escape after murdering Agents Coler and Williams, he and other AIM members were stopped by Oregon State Troopers. Under the front seat where Peltier was seated was a paper bag. In the bag was Agent Coler's service revolver. Identified on the bag was Peltier's thumbprint. Also recovered in the RV (the RV was provided by actor Marlon Brando) were the weapons pictured above, and a clear indication that they were not just vacationing. Peltier escaped, and with assistance, made his way to Canada where he was arrested on February 6, 1976, now just five days away from the beginning of his incarceration. A passenger in the RV was Anna Mae Aquash who became another sordid chapter in the Peltier/AIM legacy. https://www.youtube.com/watch?v=b0PGVTy893s Another passenger, Darlene (Ka Mook) Nichols, later testified and emotionally broke down on the witness stand,  in the trial of Anna Mae's killer, that Peltier had described (Agent Williams) final moments, "He said that the M.....F.....was begging for his life but I shot him anyway." 

PELTIER'S FIRST ESCAPE PLAN; Final, Part 5

Dear Supporters:

“I’m a warrior that’s why I believe I should go out, & keep under-ground.”

Peltier’s first escape plan came to the attention of  Canadian authorities with little pressure on the “mentally disturbed” (according to Peltier), courier. The note, duly transcribed and reported caused the prison authorities to double-up their watchfulness of the American Indian accused of killing two federal agents. They didn’t want or need the embarrassment of losing such a valuable commodity that the U.S. Government and the FBI wanted desperately back in the lower forty-eight to stand trial for his alleged (at the time), crimes.

The extradition to the U.S., fought hard by Peltier and his court appointed and volunteer attorneys, was moving along, so formal charges of an escape plan were not filed, but duly noted.

Peltier was extradited and much has been said about the process, but the final word rests not with the occasional liberal politicians, Peltierites, the Leonard Peltier Defense Committee (which wasn’t formally created until his trial in March 1977), or Peltier himself, but with the ultimate Canadian law enforcement authority:

A four-page letter dated October 12, 1999 from A. Anne McLellan, Canadian Minister of Justice, to U.S. Attorney General, Janet Reno, reviewed the entire Peltier extradition matter and concluded, unambiguously:

"As I indicated above, I have concluded that Mr. Peltier was lawfully extradited to the United States.”

“The record demonstrates that the case was fully considered by the courts and by the then Minister of Justice. There is no evidence that has come to light since then that would justify a conclusion that the decisions of the Canadian courts and Minister of Justice should be interfered with.” http://www.noparolepeltier.com/canadaletter.html

So then, why is this first Escape Plan even relevant?

Because Peltier, perhaps for the very first time, unknown that other eyes would see it, admitted why an escape was necessary; his note contained an element of truth and undermined his later claims for his armed escape from Lompoc in July 1979. Lompoc was a totally fabricated lie of an assassination plot. This also provides the basis for negating all of Peltier’s claims of innocence and the polluted river of folklore that followed.

“I’m a warrior that’s why I believe I should go out, & keep under-ground.”

The alleged “assassination plot” was among the first of a long string of lies, disinformation and diversionary tactics unsupported by any reality or facts:

-He was in tent city when the shooting started.

-He didn’t shoot at the agents initially, but later admitted in a public interview that he did.

-He shot in self-defense, yet knowing that white guys in civilian clothes driving late model vehicles with antennas, were the Feds…no mystery there. Added to the fact that Norman Charles and Wish Draper told Peltier that they were interviewed by the same two agents just the day before, and they were looking, not for him, but Jimmy Eagle.

-“Self defense” translates, in the misshapen LPDOC world, to blasting away two wounded agents with point-blank shots to the face. Peltier’s actions was a hugely consequential act, so lets call it by its real name, murder.

-“This story is true” Peltier claimed in Incident at Oglala about the infamous red pickup truck and the phantom Mr. X. which was proven to be an outright lie by one of his own co-conspirators, Dino Butler, let alone recently from his own attorney, Michael Kuzma.

-He claims he was not provided a fair parole hearing in 2009 but steadfastly and predictably refuses to release the transcript from Lewisburg. (Or the transcript of Agents Williams’ radio transmissions.  Both of which have been repeatedly requested.)

-Another co-conspirator, Bob Robideau (1946-2009) who was there during those fatal moments with Peltier said the agents “died like worms.” It’s difficult for Peltierites to spin that in any other direction. But they try, by ignoring it and hoping it will be forgotten. Not likely.
http://www.noparolepeltier.com/debate.html#self

-He claimed that Jumping Bull was a set up, a pre-planned government assault on AIM, yet the infamous “Sanctioned Memo” he relies on proves just the opposite and demonstrates yet another disinformation tactic.  http://www.noparolepeltier.com/debate.html#critic

-During the escape from Pine Ridge Peltier admitted exactly what happened—to the dire detriment of one listener—Anna Mae Aquash, stating of the wounded agent, (Ron Williams), “the m….. f….. begged for his life but I shot him anyway.”

-How does Peltier’s disinformation tactics get beyond quoted statements like this (thanks to the reporting of Peter Matthiessen p.552); “I seen Joe when he pulled it out of the trunk and I looked at him when he put it on, and he gave me a smile.” (This seamlessly supports to the oft-made NPPA assertion that Peltier wasn’t in Seattle that day.)

Peltier was no AIM leader, just a thug and bodyguard, a tough guy, especially with women, but low enough to attack with others, and then when two mortally wounded agents couldn’t fight back, cowardly enough to shoot them in the face. No disinformation there, just the facts. Yes, we know no one admitted pulling the trigger, Robideau in his hallucinatory state of mind tried to take the blame and credit, Dino Butler, standing there when it happened, has remained mute, and that leaves only the would-be warrior, the incarcerated coward he’s always been.

-The critical witness, even with their faults, provided the jury with what they needed to understand the elements of Peltier’s guilt. http://www.noparolepeltier.com/debate.html#critical

Peltier’s lies and disinformation appeals to the lowest common denominator: Don’t be confused by the facts, but accept Jumping Bull at face value. Believe his lies, don’t ask for proof or push the hard questions…and just send more money.

He begs for mercy now, (unlike the mercy he showed Agents’ Coler and Williams), from the President and asks for a commutation of his sentence. But the President doesn’t have to be reminded that repentance, acceptance of responsibility, is a critical factor in the consideration of clemency

The President will not be dissuaded by these tactics but has been reminded of the most damming statement Peltier has made in nearly four decades after his cowardly act ; “And really, if necessary, I’d do it all over again because it was the right thing to do.”

The failed Oakalla first escape plan destroyed yet another element of the myth and folklore of Leonard Peltier. In other words, the alleged assassination attempt at Lompoc was just another fabrication, another deception in a series of frauds to garner sympathy that in some perverse way he has become a fictitious leader of his people while being at once a victim as well. He cannot have it both ways, because to even attempt to do so, the folklore fails on both counts.

“I’m a warrior that’s why I believe I should go out, & keep under-ground.”

A “warrior,” hardly, and only in his own mind, but he is at least keeping, if not under-ground, then permanently under wraps.

“In the Spirit of Coler and Williams”

Ed Woods

P.S.

1) Peltier makes prime time:

The popular CBS crime show, “Criminal Minds,” gave Peltier an unwanted plug during their May 1, 2013 episode that related to crimes on a Reservation. One of the actors commented, “Peltier did kill two FBI agents looking for a robbery suspect. Hard to forget.” There it is, without the Peltier fable, spin and folklore, just the cold hard basic fact for millions of viewers to hear and understand; Peltier is a murderer and is where he belongs and will remain. http://www.amazon.com/gp/product/B00CM3OLXA/?tag=tvguideonli02-20

2) Topic of upcoming NPPA Blogs: 

On December 19, 2012, Peltier engaged in a telephone interview from prison with National Public Radio’s, Amy Goodman. Peltier made a number of implausible statements about his own case that were either patently ignorant (that he actually may believe them) or blatantly deceiving (to continue to ferment the mold that grows on the Peltier folklore). In either case we’ll explore and explain some of them in upcoming No Parole Peltier Association Blogs.