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: THE FACTS OF JUNE 26, 1975

 

THE FACTS: JUNE 26, 1975

 

What follows is corroborated through trial testimony, numerous appeals and findings of fact, primary sources and Leonard Peltier’s public statements: 

 

 

On June 26, 1975, FBI Agents Coler and Williams were performing their lawful duties on the Pine Ridge Indian Reservation searching for a fugitive, Jimmy Eagle. In separate government sedans they followed a suspect vehicle from the main highway onto a dirt road leading to a farm. The vehicle stopped at a distance as did Coler and Williams, who were then exposed in an open field. The occupants of the vehicle, including Peltier, began an unprovoked attack with rifle fire on the pinned-down agents. Of critical importance, crucial because of Peltier’s many fabrications of how the shooting actually began, is that there was an eyewitness. Agent Williams was on the FBI radio describing exactly what was about to happen; trying to describe their location, that they were about to come under fire—the shooting started—and they heard Agent Williams say, “I’m hit.” FBI employees in the Rapid City office and other Agents heard Agent Williams’s transmission and that he also said if they didn’t get there soon, “We’ll be dead.” 

 

Peltier was joined by other American Indian Movement members, with rifles, trapping the Agents in a deadly crossfire. The initial shooting ended quickly as the government sedans were riddled with bullet holes. Agent Coler received what was probably a mortal wound and was likely unconscious. Agent Williams, wounded three times, removed his shirt, waved it as a sign of surrender (that was ignored) and used it as a tourniquet on Agent Coler’s severely injured arm. 

 

Court testimony concluded, and the jury accepted, that Peltier approached the wounded Agents. Agent Williams faced his killer. Peltier placed the muzzle of his AR-15 against an upraised hand and blew Agent Williams’s fingers through the back of his head. Peltier then turned the weapon on Agent Coler, destroying his face with two more shots.

 

Peltier and the others fled the Reservation. While making a getaway to Canada with other AIM members, Peltier described Agent Williams’s final moments. Sworn testimony in a later trial quoted Peltier, “The M…F…begged for his life, but I shot him anyway.” 

 

Peltier was later captured and convicted, receiving consecutive life sentences. Peltier had over a dozen appeals regarding the facts and his many unsupported and often frivolous allegations of a wrongful conviction. Among a multitude of court findings, one concluded, “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, 11/4/2003)

PELTIER: REALITY CHECK

 June 26, 1975, Jumping Bull farm, Pine Ridge Indian Reservation, South Dakota:

"In the Spirit of Coler and Williams"

Ed Woods

PELTIER: PRESIDENT BIDEN: JAMES REYNOLDS Part 4

Edward Woods

January 20, 2022

 

President Joe Biden

The White House

1600 Pennsylvania Ave.

Washington, D.C. 20500

 

Hon. Merrick Garland, U.S. Attorney General

Hon. Rosalind Sargent-Burns, U.S. Pardon Attorney             

 

Leonard Peltier 

Federal Inmate #89637-132

Clemency Denial Request

James H. Reynolds

Former U.S. Attorney

            

 

Re: Leonard Peltier

 

Dear President Biden, Hon. Garland, Hon. Sargent-Burns:

 

As I have previously requested, I would continue to urge that should Leonard Peltier’s clemency petition reach your desk, that he not be considered for a commuted sentence. 

 

Any consideration should be the result of a thorough review of his conviction and the nearly three decades of multiple appeals that have clearly established Leonard Peltier’s guilt. Each and every claim of a wrongful conviction, both arguably legitimate and seemingly frivolous, have been addressed in great detail by the appellate courts. One of many appellate court findings concluded, “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, 11/4/2003)

 

The unprovoked attack on FBI Agents Coler and Williams resulted in them both being wounded, Jack Coler nearly fatally, and Ron Williams, wounded three times, removing his shirt and waving it as a flag of surrender (that was ignored) and then using it on Agent Coler’s severely injured arm. Jack Coler was likely unconscious but Ron Williams was not. He faced his killer as the barrel of Peltier’s AR-15 was placed against an upraised hand, blowing Agent Williams’s fingers through the back of his head. Agent Coler was then shot twice. Both Agents, with destroyed faces, were manhandled and rolled over to face the ground as their weapons were stolen by Peltier and others.* A horrible scene and terrible death in the line of duty.

 

These will provide just a hint of what Agents’ Coler and Williams faced that fateful day before they were murdered:

      

            

Peltier, through a number of public statements, remains unrepentant, including his 1999 ‘apology’ to his victims’ families that amounted to no more than further insult and ended with, “I cannot see how my being here, torn from my own grandchildren, can possibly mend your loss. I swear to you, I am guilty only of being an Indian. That’s why I’m here. Being who I am, being who you are—that’s Aboriginal sin.” (Multiple court findings tell an entirely different story.) 

 

Following the clemency process, I am certain FBI Director Wray will provide additional details.

 

There is no doubt that Native Americans were horribly treated, but releasing Peltier will never correct the wrongs of the past. His crimes that June day on Pine Ridge were, and remain, an entirely criminal act for which he was rightfully convicted and sentenced.  Leonard Peltier would be the last person to atone for those historical wrongs and should be shown the same degree of mercy he gave to Agents’ Coler and Williams; and that would be none.   

 

Re: James H. Reynolds

 

It may be somewhat irregular to openly criticize a former U.S. Attorney, however, the statements Mr. Reynolds has made in writing, during an interview, and the authority he has allegedly assumed in the Peltier matter, can neither be ignored nor sustained under scrutiny. 

 

Within Peltier’s clemency petition file there should be two letters, one undated but addressed to former President Obama and one dated July 9, 2021, both setting forth reasons considering clemency for Leonard Peltier. (The letters are attached for reference.)

 

Mr. Reynold’s earlier letter claimed, as the U.S. Attorney for South Dakota, that he retained as Assistant U.S. Attorney, Evan Hultman, who preceded him as U.S. Attorney and who had handled the prosecution of Leonard Peltier, and “I directed Hultman’s handling of the appeal of Leonard Peltier after my appoint (sic).” 

 

(Assistant U.S. Attorney, Lynn E. Crooks, was intimately involved with the prosecution and appeals 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)

 

In Mr. Reynolds 2021 letter he states:

 

“Finally, on appeal, we pursued the theory that Mr. Peltier was an “accomplice” under an aiding and abetting theory…”

 

Mr. Reynolds offers a factually erroneous statement, an incongruous and untimely ‘theory’ regarding Peltier’s charge of aiding and abetting: On November 17, 1975 Peltier was indicted for two counts of first-degree murder and aiding and abetting.  On November 25, 1975 at Rapid City, South Dakota, warrants were issued charging Peltier with murder – first degree, killing two Federal officers while in the performance of their duties and aiding and abetting (Title 18. U.S. Code, Sections 1111, 1114 and 2).  (Peltier trial; March-April 1977, Fargo, North Dakota)

 

Further, the Peltier trial transcript {4974} – {5164}, (clearly before the appellate process began), unmistakably indicates that there was considerable discussion between the defense and prosecution with USDCJ Benson regarding jury instructions on the aiding and abetting charge, as well as being included in the government’s closing argument.

 

For someone who claimed the authority that he (inappropriately using ‘we’) directed the appeals, how can he so blatantly distort the significance of the aiding and abetting issue? Mr. Reynolds’ claims are clear enough, however, his motivations to misstate the record are troubling and flawed.

 

Mr. Reynolds further states that “We were not able to prove that Mr. Peltier personally committed any offense on the Pine Ridge Reservation.”

 

For Mr. Reynolds to err in arriving at such an inexplicable conclusion would indicate that he either has never read, or nonetheless understood the multiple appeals that supported the government’s position that Peltier personally and cold-bloodedly murdered two already wounded FBI Agents, or, that Mr. Reynolds does understand the actual record and perhaps hopes his statements will be taken at face value as a former U.S. Attorney, and not further examined or validated. 

 

Mr. Reynolds missed or ignored any number of multiple definitive court findings that included:

 

“The direct and circumstantial evidence of Peltier’s guilt was strong…” “…Peltier’s contention of manufactured evidence are far from convincing.” 

(Direct Appeal, 8^th Circuit, 9/14/78)

 

“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. That point was not disputed; although the defense had its own ballistics expert, it offered no contrary evidence.” 

(8^th Circuit, 9/11/86: Peltier’s AR-15 was recovered in Wichita, Kansas.)

 

Mr. President, Honorable Garland and Sargent-Burns, before Mr. Reynolds claims are considered regarding Peltier’s clemency petition, a thorough vetting of his alleged claims would certainly be in order.** 

 

As for Leonard Peltier, he remains an unrepentant murderer, and although he has spent many years in prison and has some underlying health issues due to age, Agent Jack Coler and Ron Williams, both twenty-eight when they were murdered, were robbed of their opportunity to grow old with their families rather than being left in a muddy field with their faces destroyed. 

 

Respectfully,

 

Edw. Woods

Edward Woods

justice@noparolepeltier.com

 

*During Peltier’s escape to Canada, he and other AIM members were stopped in Oregon. Under the seat where Peltier sat was found a paper bag that contained Agent Coler’s service revolver. On the bag was Leonard Peltier’s thumbprint.  

Also, contrary to Peltier’s several fabricated statements of how the shooting started, there is no dispute that there was an eyewitness to exactly how the unprovoked attack on the Agents began. Agent Williams was overheard on the FBI radio describing exactly what was about to happen.

 

**Not included above is an interview Mr. Reynolds gave to the NY Daily News that was wholly inappropriate and unprofessional, 

https://www.nydailynews.com/news/national/ex-u-s-attorney-backs-leonard-peltier-bid-clemency-article-1.2933475 

(last accessed 1/4/22).

 

Encls. 

Two Reynold’s letters

Brief facts of June 26, 1975

 

cc:

1-U.S. Attorney General, Merrick Garland

1-U.S. Pardon Attorney, Rosalind Sargent-Burns

1-Federal Bureau of Investigation, Director Christopher Wray

1-Hon. Louis J. Freeh

SA Jack R. Coler, 1947 - 1975, R.I.P.

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 another 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. You are no doubt proud to watch over your family and grandchildren.

 

Today is January 12, 2022, the day of those earthly times when you would have turned seventy-five. As you likely know there are rumors that some nameless individual may be under consideration to be released. His forty-five years is not nearly enough for what happened on Pine Ridge. No matter the outcome, you know we never stopped trying and assuredly will never forget. 

 

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 harm’s way to protect and serve this great nation. A nation that today is facing internal strife and division and one self-induced crisis after another. 

 

As you undoubtedly know, you, Ron and all the FBI Service Martyrs are honored every year with a memorial service. We also pay tribute to those in Blue who made the ultimate sacrifice in the Line of Duty. 

 

Your legacy will never be forgotten.

 

Jack, please continue to watch over us and help protect those willing to serve.

 

“In the Spirit…

 

Ed

PELTIER: LAW ENFORCEMENT ASSOCIATIONS

January 1, 2022

 

To: National Law Enforcement Associations

From: Ed Woods, Founder, No Parole Peltier Association, Cincinnati, Ohio

Subject: Denying commutation for convicted murderer, LEONARD PELTIER

 

Dear Association Leadership:

 

We are writing national law enforcement associations and organizations to bring attention to the possibility that consideration may be underway to commute Leonard Peltier’s consecutive life sentences. Peltier was convicted  for the brutal cold-blooded killing of FBI Agents Jack R. Coler and Ronald A. Williams on the Pine Ridge Indian Reservation, South Dakota. Regretfully, too many people, in and out of government, are not familiar with the facts, only the folklore.

 

Within the law enforcement community and brotherhood, we are all deeply affected when any of our own are killed in the Line of Duty, and certainly in circumstances when justice for their killers may be jeopardized.

 

We surely understand that the Constitutional authority to grant clemency, pardon or commutation on the federal level rests with one person, President Biden. The facts and details of Peltier’s criminal acts must be brought to the President’s attention to counter four decades of continuous fabrications, falsehoods and feigned innocence. 

The summary that follows can be verified through trial transcripts, appellate filings and decisions, primary sources and Peltier's own public statements: 

 

On June 26, 1975, FBI Agents Coler and Williams were performing their lawful duties on the Pine Ridge Indian Reservation searching for a fugitive, Jimmy Eagle. In separate government sedans they followed a suspect vehicle from the main highway onto a dirt road leading to a farm. The vehicle stopped at a distance as did Coler and Williams, who were then exposed in an open field. The occupants of the vehicle, including Peltier, began an unprovoked attack with rifle fire on the pinned-down agents. Of critical importance, crucial because of Peltier’s many lies of how the shooting actually began, is that there was an eyewitness. Agent Williams was on the FBI radio describing exactly what was about to happen; trying to describe their location, that they were about to come under fire—the shooting started—and they heard Agent Williams say, “I’m hit.” FBI employees in the Rapid City office and other Agents heard Agent Williams’s transmission and that he also said if they didn’t get there soon, “We’ll be dead.” 

 

Peltier was joined by other American Indian Movement members, with rifles, trapping the Agents in a deadly crossfire. The initial shooting ended quickly as the government sedans were riddled with bullet holes. Agent Coler received what was probably a mortal wound and was likely unconscious. Agent Williams, wounded three times, removed his shirt, waved it as a sign of surrender and used it as a tourniquet on Agent Coler’s severely injured arm. 

 

Court testimony concluded, and the jury accepted, that Peltier approached the wounded Agents. Agent Williams faced his killer. Peltier placed the muzzle of his AR-15 against an upraised hand and blew Agent Williams’s fingers through the back of his head. Peltier then turned the weapon on Agent Coler, destroying his face with two more shots. 

 

Peltier and the others fled the Reservation. While making a getaway to Canada with other AIM members, Peltier described Agent Williams’s last moments. Sworn testimony in a later trial quoted Peltier, “The M…F…begged for his life, but I shot him anyway.” 

 

Peltier was later captured and convicted, receiving consecutive life sentences. Peltier had over a dozen appeals regarding the facts and his many unsupported and often frivolous allegations of a wrongful conviction. Among a multitude of court findings, one concluded, “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, 11/4/2003)

 

 

We are encouraging Law Enforcement Organizations to contact government representatives and officials, who support the police and law enforcement, to voice their opposition to any consideration by the President to commute Leonard Peltier’s sentence. The President must understand the sacred oath of those who carry a badge. They place themselves in harm’s way to protect the citizenry and enforce our Nation’s laws and in instances where those lives are taken in the Line-of-Duty, justice for their killers must continue.

 

Correspondence should also be directed to President Biden, the Attorney General and the U.S. DOJ Pardon Attorney. Addresses follow. 

 

Finally, there are those who mistakenly believe that freeing Peltier will in some perverse manner correct the historical wrongs of the past against Native Americans. This could be no further from reality. Peltier’s crimes were, and remain, violent unprovoked criminal acts. 

 

The unrepentant Peltier received a fair trial, validated by numerous appeals, and should continue serving his consecutive life sentences in addition to the seven consecutive years for an armed prison escape.

 

Peltier should be shown as much mercy as he gave to Jack Coler and Ron Williams; and that would be none. 

 

Sincerely, 

“In the Spirit of Coler and Williams”

 

Edw. Woods

Edward Woods

justice@noparolepeltier.com

 

Preliminary references:

http://wwwnoparolepeltiercom-justice.blogspot.com/2018/03/peltier-important-reminders.html (2018)

http://www.noparolepeltier.com/debate.html#concise (2009; including 60 footnotes & Addendum)

 

-President Joe Biden, The White House, 1600 Pennsylvania Ave. N.W., Washington, D.C. 20500

Hon. Merrick Garland, U.S. Attorney General, USDIJ, 950 Pennsylvania Ave. N.W., Washington, D.C. 20530-0000

Hon. Rosalind Sargent-Burns, U.S. Pardon Attorney, 950 Pennsylvania Ave. – RFK, Main Justice Building, Washington, D.C. 20530

 

cc: 

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