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." 

New Year 2011...It's far from over...

Dear Supporters:

2010 ended with yet another example that Peltier’s criminal history is still being examined. The final chapter has yet to be written in the brutal slaying of Anna Mae Aquash at the hands of AIM members, although prosecutors are getting closer. Graham’s defense to the charges was to offer no defense at all. His conviction in South Dakota last December demonstrates that those involved in ordering her death have yet to be brought to justice. They know who they are and some are still out there; many of them hypocritically speaking on her behalf.

So this is one thing that Peltier can contemplate during the coming year, whether others, maybe even like Graham, will step forward and provide the sworn testimony needed to implicate him and others in her death.

Perhaps, it’s time for Peltier and the LPDOC to remove Anna Mae’s name from their website list of those allegedly “uninvestigated” deaths during the Reign of Terror…a reign for sure brought on by the criminal elements of the American Indian Movement, Peltier included.

Peltier and the LPDOC will continue their sham fundraising for legal issues which have long since been waived or lost during numerous appeals and watch as his ebbing support recedes to nothing.

Now that the holidays are over and we all face a New Year with some optimism for a recovering economy, an improved quality of life for all citizens and a saner world, please accept the very best for a healthy and happy New Year.

In the meantime and for this New Year and those to follow, our thoughts remain with the memories of Jack and Ron, their families, friends and former co-workers.

“In the Spirit of Coler and Williams”
Ed Woods

PELTIER IN COURT(S): SILLY & VERY SERIOUS

Dear Supporters:

Yesterday, Friday the 13th was Leonard Peltier’s day in court, or according to the Peltier Blog, “Common Law Court, that is.” A court that by the LPDOC’s own admission has no jurisdiction over anyone, anywhere and lacks authority to do nothing more than pretend that it’s to be taken seriously. It’s like kids playing in the schoolyard (which will be the topic of an upcoming NPPA Blog).

In a brief email exchange Patricia Johnson-Holm Shupe (Chief Justice ;-), indicated that “The jury decision is that Peltier should be immediately released and to proceed with a Grand Jury to bring indictments on those involved, on multiple charges.” (Can anyone hear the theme song of the Twilight Zone playing in the background?)

At some point (or perhaps not), Peltier leadership and supporters will realize that trivializing Peltier in such a way renders his protestations of innocence all the more silly to everyone, especially the Native American public.

However, August 12th, one month shy of Peltier’s 66th birthday, was truly his bad luck day in court.

According to the Associated Press, Circuit Judge John Delaney will allow prior statements made by Peltier, bragging about the murder of Jack Coler and Ron Williams and threats by Peltier to AIM member Anna Mae Aquash, in the upcoming November trial of John Graham (who is accused of raping and murdering Anna Mae), and Thelma Rios for complicity in her death.

“These motives clearly are relevant and probative to the major theory of the state’s case—that an ‘order’ for Aquash’s murder was issued by members of AIM,” Judge Delaney wrote.

And what’s the significance of all this for Lewisburg inmate #89637-132?

What it means is that the final chapter in the brutal rape and murder of AIM member and suspected informant Anna Mae Aquash has yet to be written and some of that may still lead to the bars of Peltier’s cell.

Understandably, Peltier tried to distance himself very early from the Aquash murder (http://www.noparolepeltier.com/debate.html#right) and claimed that the 2004 conviction of Arlo Looking Cloud was more of a government witch hunt against his efforts for parole than finding justice.

Aside from the fact that his next parole reconsideration hearing isn’t until July 2024 (his self-imposed popularity is at an all-time low; Native America has rejected the abuses of AIM and the destruction it caused; that this administration will pay him little mind and scoff at his claims of innocence—they can read the record themselves), Peltier is scared to death of the entire Aquash matter. He knows there are those out there who know the whole story and who was also involved in ordering her death and helping to facilitate her murder, and hopefully the truth will be told one day.

Anna Mae and her family deserve nothing less.

“In the Spirit of Coler and Williams”
Ed Woods