Dear Supporters:
What follows is a response to an Amnesty International blog
post on 7/17/13:
http://blog.amnestyusa.org/americas/5-reasons-president-obama-should-release-leonard-peltier/
(last accessed 7/31/13)
It’s apparent that Zeke Johnson needs to do more research
for A.I.; there is much more than just the Peltier folklore-rhetoric-talking
points. As for the five reasons, let’s add the following:
1) Poor Bear: The final word on Peltier’s extradition comes not from
Peltier but the Canadian government and the Minister of Justice who stated
“…that Mr. Peltier was lawfully extradited to the United States.” Poor Bear did not testify against
Peltier at trial, and for good reason as noted from the trial transcript by the
8th Circuit; ““Her testimony was at times very vague, and she often
responded that she could not remember. Indeed, the defense counsel,
anticipating that she would be called as a witness for the government,
described her in his opening statement as a “witness whose {F.2nd
333} mental imbalance is so gross as to render her testimony unbelievable””
Yes, let’s repeat that, “the defense counsel,” Peltier’s attorney, threw her
under the proverbial bus when they
thought she would be a witness against Peltier. On direct-appeal the 8th
Circuit stated regarding extradition; “Peltier’s claim is, on its face, lacking
in substance.” This may be a good time, as well, to review the critical witnesses against Peltier,
those who, besides the other evidence, the jury had to consider in their guilty
verdict.
2) FOIPA: The document was a preliminary FBI Laboratory report
that the District Court did not believe was discoverable, however, the 8th
Circuit sent it back to the District Court for a three-day evidentiary/ballistics
hearing, something which Peltier and others always
fail to mention. At that hearing Peltier had a firearms expert in the
courtroom, but did not call him to testify nor did they offer any contrary
evidence. The court decision (authored by Judge Heaney, infra) made it fairly
clear that, “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 ballistics expert, it offered no contrary evidence.” And
also during the direct appeal the 8th Circuit stated “The evidence
of Peltier’s guilt was strong.”
3) Judge Heaney: Understand that he made his decision
based on the facts and the law, which was confirmed in his cameo appearance in
the film (not documentary), Incident at Oglala, notwithstanding, that he later
expressed his own personal feelings about Native rights. Note, however, he
never said or implied that his decision was wrong (or denied on a technicality
as Peltier professes), nor that Peltier was innocent. Quite the contrary, “…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.”
4) U.S. Parole Commission: If the parole hearings
allegedly provide such a powerful inference of Peltier’s innocence, then there
is a very simple solution. Have him post on the LPDOC website the transcript of
the 2009 hearing. That way, people can judge for themselves the truth and depth
of Peltier’s guilt and claims of innocence. But that would never happen because
it would divulge much too much and Peltier would never want all that to come
out.
5) Coleman: Peltier may have infrequent visits from
family members, is approaching age 69, in poor health, suffering from diabetes,
but that hasn’t stopped him from continuing the folklore.
Besides...how do we get beyond Peltier’s own self-incriminating
statements, changing stories and the two decade old fabricated alibi that
someone else, the phantom Mr. X. in the infamous red pickup truck was the one
who killed the agents? Even his own attorney recently admitted that was a lie.
If A.I. has studied this case as it claims, then why are
the specifics of the legal history being ignored in favor of the folklore? Making
this an alleged political issue instead of the criminal act it was, weakens a
meaningful discourse.
Yes, correctly pointed out, the legal remedies have been
exhausted; and Peltier should be given as much humanity as he gave Jack Coler
and Ron Williams. Justice is being
served with consecutive life sentences, and which Peltier ignores, the
additional seven consecutive years for the armed escape from Lompoc.
In addition to the conviction, Peltier himself has proven
his guilt beyond all doubt. How else can reasonably intelligent people get
beyond statements like ““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,” Leonard remembered.
“I didn’t think nothing of it at the time; all I could think of was, we got to
get out of here.” (ITSOCH, p.552) (As they were standing over two mutilated
bodies of the men they had just shot and killed.) Or, in a public statement on
February 6, 2010, “I never thought my commitment would mean sacrificing like
this, but I was willing to do so nonetheless. And really, if necessary, I’d do
it all over again, because it was the right thing to do.”
“Because it was the right thing to do” shows no remorse,
no civility, no compassion, no rehabilitation, however, it is an admission of
guilt.
“In the Spirit of Coler and Williams”
Ed Woods
