Showing posts with label Bureau of Prisons. Show all posts
Showing posts with label Bureau of Prisons. Show all posts

Tuesday, April 7, 2020

PELTIER: THE CARES ACT

Dear Supporters:

Recently the President signed into law the CARES ACT, which among other requirements, provides for the release of elderly federal inmates who have underlying health issues and may be at higher risk for Covid-19. Part of the intent of the law is to limit the potential spread of the Corona Virus among the inmate population and reduce prison populations.

Peltier believes he is a candidate for release and home confinement. According to his “Defense Committee” Peltier has a “reentry plan” to return to the Turtle Mountain Reservation and allegedly has family land where he can live.

The Defense Committee is asking Peltierites to write the Federal Bureau of Prisons Directors to make a case for Peltier’s release and suggested for them to include this in their letters:

“Mr. Peltier is 75 years old and in very poor health: his only desire is to go home to the Turtle Mountain Indian Reservation and live out the remainder of his years surrounded by his family.”

Time for a reality check:

We all know that Jack and Ron were surrounded by their families: 
That was at their funerals in 1975.

Peltier, like many other aged lifers is experiencing the predictable affects of the aging process that everyone must face in time, but he denied that to Jack Coler and Ron Williams.

Does Peltier meet the requirements for release? The answer is No. 

Peltier is long-in-the tooth, has some health issues but was convicted, (a conviction that was upheld at every level, notwithstanding his incessant fabrications, outrageous claims and tacit admissions of guilt), for the brutal and cold-blooded murder of two already wounded and defenseless human beings. Peltier is deservedly serving consecutive life sentences in addition to the seven consecutive years for his armed escape from Lompoc penitentiary. 

Is Peltier a threat to society at this point? Perhaps not as evidenced by the bloated figure seen at his Lewisburg parole hearing in 2009. Nonetheless, he must continue to serve the remainder of his sentence and not seek special consideration to live out the remainder of his years surrounded by his family. His malicious act deprived Jack and Ron from being able to do the same.

Request of NPPA supporters

Supporters are encouraged to write to U.S. Attorney General William P. Barr, BOP Director Michael Carvajal and Regional BOP Director J. A. Keller and express your opinion why Leonard Peltier #89637-132, USP Coleman 1, Coleman, Florida should NOT be considered for release under the CARES ACT.

Any factual references needed can be easily found on the NPPA website: www.noparolepeltier.com

            Hon. William P. Barr
            U.S. Attorney General
            950 Pennsylvania Ave. NW
            Washington, D.C. 20530

            Director Michael Carvajal
            Federal Bureau of Prisons
            320 First St., NW
            Washington D.C.
            20534                                                

            Director J.A. Keller
            Federal Bureau of Prisons
            Southeast Region
            3800 Camp CRK PK SW/Bldg 2000    
            Atlanta, GA 30331 

Everyone, please be safe as we face this unprecedented crisis and pray that America comes out on the other side as the strong and prosperous nation it was.

“In the Spirit of Coler and Williams”
Ed Woods

Tuesday, January 8, 2019

PELTIER: WANTS A TRANSFER

Dear Supporters:

The International Leonard Peltier Defense Committee (ILPDC) is encouraging Peltier supporters to contact the Bureau of Prisons (BOP) to support Peltier’s request to be transferred from USP Coleman, Florida to FCI Oxford, Wisconsin.

Peltier’s rationale for this request includes that he is approaching his seventy-fifth birthday, has been incarcerated for forty-four years, that FCI Oxford is 1,300 miles closer to his home and family, is closer to relative Native communities and for health reasons is in closer proximity to the Mayo Clinic and the Federal Medical Clinic in Rochester, MN.

That may all be true but absent from Peltier’s desire to be accommodated by the BOP is the undeniable fact that because of his brutal and murderous actions on June 26, 1975, Jack Coler and Ron Williams never made it out of their late twenties. 

Jack and Ron never made it any closer to their families than the California cemeteries where they are buried.  

Because of Peltier they never had the opportunity to spend productive lives with their loved ones. 

No Parole Peltier Association supporters are also encouraged to contact the BOP to express their own feelings as to whether Peltier should be entitled to any special consideration. Besides, he likely may already be in the elderly unit at USP Coleman receiving greater attention along with other older inmates. 

Background information regarding the Peltier matter can be summarized from the following links or from the NPPA website. (Footnote 1)

Supporters can call, fax, email or write the BOP as listed below. (Fn.2)

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

“In the Spirit of Coler and Williams”
Ed Woods

Footnotes:

2)Leonard Peltier inmate #89637-132
Phone: 972-352-4400 
Fax: 972-352-4395
Address: Bureau of Prisons/Policy Correspondence, Grand Prairie Office Complex, 346 Marine Forces Drive, Grand Prairie, TX, 75051

Sunday, October 14, 2018

PELTIER: FATALLY FLAWED LIE

Dear Supporters:

Peltier must believe his followers are idiots.

Peltierites are either incapable of reading and understanding the history of Peltier’s conviction, dismissive of the truth, or have very short and selective memories.

On February 6,2018 Peltier sent a brief press release on the anniversary of his arrest in Canada. He offered three main points: 

            A fabrication of the government’s arguments for his conviction; the whining of an old man and his ailments and begging for Peltierites to fork over more cash; plus a few other worthless anecdotes. 

Lies are always with us and in certain circumstances acceptable, like little white lies (as when a man is asked, “Does this dress make me look fat?”). But when they are immoral or deceiving without remorse or regret, or worse yet justified with shallow pretense, they become the worst sort.

This is a two-part canard:

Peltier claimed that the Assistant U.S. Attorney stated before the 8thCircuit Court of Appeals, Judge Gerald Heaney:

Your honor, we do not know who killed those agents. Further, we don’t know what participation if any Mr. Peltier had in it.”

--The first part, argued by Peltier in 1993, was thoroughly dismissed by the Eighth Circuit Court of Appeals as being “fatally flawed.” What AUSA Lynn Crooks actually said was:

Well, undoubtedly it wouldn‘t but I have no doubt whatsoever that we still would have convicted him. I think the best precedent that one can point to is the recent murder of our two marshals. We have exactly the same kind of situation. But we can’t prove who shot those agents.”

Nevertheless, this has not precluded Peltier from repeating the same flawed and discredited premise. (Footnote 1) (Please read the footnotes.)

--Then Peltier comes up with something new, not merely misrepresenting AUSA Crooks’ actual statement, but totally manufactured and without an ounce of truth or credibility he provides the follow-up lie: 

            “Further, we don’t know what participation if any Mr. Peltier had in it.”

This damning statement does not come up in the trial or appellate record. It is false on its face and proof that Peltier will say just about anything to attempt to muddy the record and confuse his gullible supporters. If the Government made such a statement during the appellate process—after it had already convicted Peltier of murder and aiding and abetting—it could have resulted in a reversal of the conviction or possibly a new trial. Peltier’s latest claim has all the permanence of writing on water.

Since Peltier has never answered any of the NPPA letters, editorial essays and Blogs sent to him in the various federal recreational facilities, a polite email was sent to the ILPDC on February 10th asking for a specific date and reference for this defective claim. Of course, there was no response because it was a fabricated lie and they are unable to support it.

Peltier adds, wrongly again, referencing a “…false affidavit the FBI manufactured about Myrtle Poor Bear being at Oglala on the day of the fire-fight. A fabricated document used to extradite me illegally from Canada in 1976.”

Wrong! The Canadian government did consider the Poor Bear affidavits and determined that Peltier was lawfully extradited:  “I have concluded that Mr. Peltier was lawfully extradited to the United States.”“…the circumstantial evidencetaken alone, constituted sufficient evidence to justify Mr. Peltier’s committal on the two murder charges.”(Emphasis added). In other words, notwithstanding Poor Bear he was subject to extradition. Is that too difficult for Peltierites to comprehend?

(Please read the Canadian Minister of Justice’s letter responding to Peltier’s allegations of a wrongful extradition process that clearly refutes his allegations and claims – yet he continues to repeat them believing they make great folklore. Folklore they may be, but they’re simply and indisputably not true. Fn.2)

No small irony, and tucked away in the record was Peltier’s attorney’s opinion of Myrtle Poor Bear when they believed the government would call her as a witness. Peltier’s own attorney characterized her as a “witness whose mental imbalance is so gross as to render her testimony unbelievable.” (Fn.3)

Nice try! This is just another example of Peltier the warrior/victimtrying to have it both ways; alleging that Poor Bear was the reason he was extradited from Canada, but when it came to her testifying at his trial, threw her under the proverbial bus.

Peltier presents himself as a great native warrior, imprisoned for undertaking a noble cause, becoming sort of a prophet for his people, yet his constant pandering for cash makes him more like a prophet of profits.  And he continues to whine: He wants to spend time with his family, hug his children, grandchildren and great-grandchildren, wants compassion for his poor health and age, heart issues, prostate issues, ailments causing pain, arthritic hips and knees—he feels isolated from the world and that a day in prison is a lifetime. 

In response to that; Gee that is tough. Peltier should try the alternative—that of the two severely wounded men he then brutally murdered. Odds are he’d take the old man in prison route. Peltier didn’t give Jack Coler and Ron Williams any such option to hold their children or grandchildren and grow old gracefully.

Peltier adds another fairytale:

I have been here too long. The beginning of my 43rdyear plus over 20 years of good time credit, that makes 60+ years behind bars.” 

The convoluted math calculation aside, Peltier conveniently forgot why he’s in USP Coleman in the first place, a prison that’s just about as far away from his home turf as one can get and still remain in the continental United States. We can’t forget the shot—the wire incidentthat landed Peltier in solitary confinement at USP Lewisburg and that may have resulted in his transfer down south. Peltier has told us he’s spent over five years in solitary, which pretty much means he’s been far from a cooperative or ideal inmate. Lets also not forget the armed escape from Lompoc and the addititional seven-year consecutive sentence. (Fn.4)

Peltier also adds, in caps, “But I will say again I DID NOT KILL THOSE AGENTS.” All caps are the equivalent of yelling at someone. As an optional or alternative suggestion he can shout it from the USP Coleman rooftop for as long as he desires.

Perhaps, he can even add a few more barks at the moon in the process:

I LIED FOR YEARS ABOUT MY ONLY ALIBI THAT MR. X KILLED THE AGENTS. (Fn.5)

“AND REALLY, IF NECESSARY, I’D DO IT ALL OVER AGAIN BECAUSE IT WAS THE RIGHT THING TO DO.”  (Fn.6)

“I DON’T REGRET ANY OF THIS FOR A MINUTE.” (Fn.7)

“I DID NOT WAKE UP ON THAT JUNE 26 PLANNING TO INJURE OR SHOOT FEDERAL AGENTS AND DID NOT GAIN ANYTHING FROM PARTICIPATING IN THE INCIDENT.” (Fn.8)* (Please understand the implication of Peltier admitting “participating in the event.”)

“In the Spirit of Coler and Williams”
Ed Woods

*Admittedly this would be a bit of a long shout.
Footnotes:
United States Court Of Appeals For The Eighth Circuit 997 F.2d 461, 1993 U.S. App. Decision July 7, 1993, Filed. Excerpt follows:
 --[Assistant United States Attorney] Crooks: Well, undoubtedly it wouldn‘t but I have no doubt whatsoever that we still would have convicted him. I think the best precedent that one can point to is the recent murder of our two marshals. We have exactly the same kind of situation. But we can’t prove who shot those agents.
--“First, as the district court recognized in this section §2255 proceeding, it is unclear whether the references to ”those agents“ was to the ”two marshals“ mentioned two sentences earlier who had recently been murdered, or to the two FBI agents killed in this case. In any event, this eight-word comment in response to Judge Heaney‘s statements, is a totally inadequate basis for asserting that the government conceded that it had not proved that Peltier personally shot the agents at close range, or that that was the sole basis upon which the government tried the case. Earlier in the argument, the government had stated several times that its theory was that Peltier was guilty of murdering the FBI agents because he either killed them personally or aided and abetted their killing:”
--“Peltier‘s arguments fail because their underlying premises are fatally flawed. (A) The government tried the case on alternative theories: it asserted that Peltier personally killed the agents at point blank range, but that if he had not done so, then he was equally guilty of their murder as an aider and abettor. (B) The government’s statement at the prior oral argument, upon which Peltier relies, was not a concession that the government had not proved that Peltier had not killed the agents personally, and that Peltier‘s conviction could be sustained only on an aiding and abetting theory. (C) The evidence allegedly supporting Peltier’s self-defense claim, which he claims was improperly excluded, was correctly rejected.” 
Further: The record as a whole leaves no doubtthat the jury accepted the government’s theory that Peltier had personally killedthe two agents, after they were seriously wounded, by shooting them at point blank range with an AR-15 rifle.”(8thCircuit; No. 02-1761, 12/18/02; Judges Hansen, “HEANEY” and Arnold: http://www.noparolepeltier.com/8circuit.pdf
2) Canadian extradition letter: http://www.noparolepeltier.com/canadaletter.html
“As I indicated above, I have concluded that Mr. Peltier was lawfully extraditedto the United States. In my opinion, given the test for committal for extradition referred to above, the circumstantial evidence presented at the extradition hearing, take alone, constituted sufficient evidence to justify Mr. Peltier’s committal on the two murder charges. My conclusions in this regard are consistent with the arguments made by Department of Justice counsel before both the Federal Court of Appealand the Supreme Court of Canada.
Furthermore, the third Poor Bear affidavit was consideredby the Federal Court of Appeal and the Minister of Justice before Mr. Peltier was extradited to the United States. Subsequently, further submissions respecting the third Poor Bear affidavit were made to the Supreme Court of Canada, as well as the appellate courts in 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 lightsince then that would justify a conclusion that the decisions of the Canadian courts and Minister of Justice should be interfered with.” (10/12/99, emphasis added)
4) Peltier ‘shot’ and transfer:
6) And really…http://www.noparolepeltier.com/debate.html#confessionThis admission is valid when considered within the context of how the statement was made.
7) Don’t regret…http://wwwnoparolepeltiercom-justice.blogspot.com/2014/09/peltier-update-broken-record-with.htmlThis admission is valid when considered within the context of how the statement was made.
8) From participating…http://wwwnoparolepeltiercom-justice.blogspot.com/2017/01/peltier-another-admission.htmlSee this blog for a full explanation. 

Sunday, August 28, 2011

PELTIER "SHOT" IN PRISON...Bruce Smith

PELTIER “SHOT” IN PRISON…Bruce Smith

In a recent brief online video (http://vimeo.com/27422654) the narrator begins with the typical and tired Peltier folklore that we’ve been hearing for decades (none of which is worth repeating here), then goes on to pass along more Peltier fabrications.

The focus of the piece is Bruce Smith who introduces himself as a former U.S. Bureau of Prisons (BOP) corrections officer between 1982 and 2003 at Leavenworth Penitentiary.

Bruce Smith describes, and the narrator clarifies, two “shots” (prison term for an inmate’s violation of prison rules) received by Peltier on 6/27/11 that landed him in solitary confinement for six months. Six months in the “hole” is pretty serious by all accounts.

Smith begins by claiming that the FBI “calls all the shots,” and is the “ultimate authority” within the BOP. This is a ridiculous conclusion that cannot be supported whether Smith spent twenty-one years at Leavenworth, or not. Although the BOP is part of the Department of Justice (as is the FBI), an FBI agent (or two) from a nearby FBI office is assigned to the institution to investigate crimes by and against inmates and personnel. Other than presenting the results of those investigations to the appropriate United States Attorney’s office, they have no control or authority in the prisons.

Smith and the narrator describe the two violations, possession of currency (a 20-pound Scottish note) and an assault on a guard. The video briefly displays two prison incident reports.

Although the video only shows excerpts of two written reports, it was encouraging to find both documents on the LPDOC website…so we can get to the actual facts and truth of these incidents.

Smith describes the “bogus” shot of possessing money because Peltier’s mail would routinely be processed from the mailroom to “SIS.” According to Smith, the intelligence unit reviews the mail before being sent to the inmate. Which is a true statement.

However, the actual report from Officer Wagner reveals that Peltier was sending a letter to someone that included a 20-Pound Scottish currency bill and that, “In the enclosed letter, inmate Peltier admits to receiving the bank note in the mail.”

So, if Bruce Smith is correct and SIS allowed the currency to get to Peltier and then Peltier was given a “shot,” or punished, for possessing currency, then that would be troubling. However…that’s assuming—of course—that Peltier is even telling the truth in his letter about how he got the Scottish note in the first place. Peltier telling the truth has always been a problem and assessing his truthfulness would be like trying to measure the immeasurable with a rubber ruler. Just ask him about Mr. X.

Smith, and the narrator, then criticize another officer for touching “wires leading to a light fixture,” describing “bare wires on a light fixture,” and according to retired corrections officer Bruce Smith, his fellow officer was “not smart enough to realize that two bare wires will shock you,” and that the officer himself should get the “shot” (punishment) instead of Peltier.

Well, that’s not quite what happened. Officer Hamilton’s report stated, “The wires were located on the wall above the corner post of the upper bunk. I attempted to pull the wires out of the wall. Due to my correctional experience in the past I have witnessed inmates conceal contraband in the wall of a cell and attach a wire, or string to the contraband. This is so the item may be retrieved at a later time.” Then, while attempting to pull the wires from the wall, Officer Hamilton received an electric shock.

Smith and the narrator pointed out that another inmate had been removed from Peltier’s cell two weeks before. Assuming that was the case, and if Peltier is innocent of rigging the wires to the light fixture in the first place…then why, when his cellmate left, didn’t he point out the dangerous wires to prison authorities? He would have then been viewed as cooperating with prison rules and looking out for the officer’s safety. But then being a good-guy and doing the right thing has never been a Peltier virtue…that is, to anyone but himself and his own selfish and egotistical perceptions and self-importance.

So, are we to assume that for those two weeks in that small cell he didn’t see the wires at all, or know that his cellmate may have previously rigged them? It would be hard to miss. But then again, now, Bruce Smith, the narrator and the LPDOC have more folklore to twist around the Peltier myth. And that’s what they like to do, and right now, that’s just about all they have left.

Or, lets consider another likelihood. Peltier, after his roommate departed, rigged the wires himself to deliberately create a circumstance where he can pretend he’s being singled out by prison authorities. (The date itself is hardly insignificant. Had this happened the day prior it would have been on the 36th anniversary of the murder of two FBI agents at Pine Ridge and given Peltier even more cause to claim he was being singled out for harsh treatment.) This is not beyond the realm of possibilities because there have been a number of incidents were Peltier always claimed that he’s the victim. Peltier’s undeserved popularity has long since waned, so anything that can bring attention to him (for Peltier and the LPDOC), is helpful in their minds. Peltier loves playing the victim card.

Former corrections officer Bruce Smith talks of Peltier with an affectionate reverence, referring to him almost like a dear old friend and claims that these recent incidents are deliberate and part of a governmental plot to force this poor old, infirmed inmate into health failure, even death. “They want him to die,” Smith says.

Actually, Lewisburg officials would be content if Peltier would just follow the simple rules and not create administrative problems they constantly have to deal with. But Peltier has always made a habit of placing demands on the system by claiming a special status.

Bruce Smith adds that his father and grandfather would have been proud to see him speaking up on Leonard’s behalf. But would they? And as we are now asking…What took you so long, Bruce? You were in the BOP, in the system for 21 years, you’ve been retired for 8 years. How many times did you go on record to support the claims you now make? None would be a first guess. So now if you want your 15 minutes (actually 8 minutes and 50 seconds) of fame, or shame, you’re adding nothing to the Peltier cause. Where was Bruce Smith when Peltier has been in solitary previously, or during the fuss raised when he was transferred from Leavenworth?

Fact is that no one, especially within the Native American communities, really cares about Peltier at this point…the vast majority have seen that he and the American Indian Movement added nothing positive to Native American culture.

One last thing, Bruce Smith never mentioned why Peltier is serving consecutive life sentences (plus another seven consecutive years for his “armed” escape from Lompoc), so we will…

“In the Spirit of Coler and Williams”
Ed Woods