Showing posts with label Eric Seitz. Show all posts
Showing posts with label Eric Seitz. Show all posts

Wednesday, December 4, 2019

PELTIER: COMPASSION & SALES TAX

Dear Supporters:

Peltier is still complaining that USP Coleman is under lock down. This is a result of gang violence and a murder and injuries at the facility. Peltier, who is in the “elder unit,” wants supporters to write the warden to end what he describes as “isolation.” Notwithstanding Peltier’s complaint, the Warden has the responsibility to ensure the facility is secure.

For some time Peltier has sought a compassionate release because of his age, predictable health issues and years of incarceration.  At seventy-five he is getting long in the tooth, but so will everyone at some point. Of course, Jack Coler and Ron Williams, thanks to Peltier, were never able to grow old with their families.

Peltier may be somewhat optimistic since in 2018 President Trump signed the First Step Act (FSA) that has resulted in the release of over 3000 inmates and the reduction of nearly 2000 federal prison sentences. But reviewing the intent of the FSA tells a slightly different story. FSA was intended to address the period of “get tough on crime” and the effects of “three strikes you’re out” (signed by President Clinton in 1994; which he later stated he regretted) that led to stiff sentences for relatively minor offenses and the effect of racial disparities involving non-violent drug offenders.

FSA also adjusted the time-off-for-good-behavior provision from 47 to 54 days per year. But according to the Date of Release described in Title 18 U.S.C. § 3624(b) an inmate may be released by the Bureau of Prisons (BOP) on the date of the expiration of the inmate’s term of imprisonment, less any time credited toward the service of the inmate’s sentence as provided in Subsection B. However, Subsection B, “Credit Toward Service of Sentence for Satisfactory Behavior” is clear that this applies to an inmate who is serving a term of more than one (1) year, “other than a term of imprisonment for the duration of the prisoner’s life.” 

The FSA does not apply to Peltier; he must continue to serve consecutive life sentences and the consecutive seven years for the armed escape from Lompoc Penitentiary.

Another provision of FSA allows the BOP to house prisoners no more than 500 miles from their home area. Peltier and his “Committee” shouldn’t forget that there may be a reason why Peltier is confined around 2000 miles from his native Reservation. While incarcerated at USP Lewisburg there was an incident that landed Peltier in solitary confinement for six months and a subsequent transfer to USP Coleman. It is not known whether Peltier’s subsequent transfer to Florida had anything to do with this incident, but in any case it was the BOP’s decision. (Footnote 1)

On 11/8/19 Peltier’s “Committee” announced that “The National Congress of American Indians at its 2019 National Conference pass (sic) the following resolution and recommitted their efforts to work for Leonard’s Freedom!” However, the problem is that the link to the resolution was to one passed in 2011! That 2011 resolution, as official as it may have sounded, was nothing more than Peltier tripe and regurgitated folklore and myth. We would expect the 2019 resolution, if there is one, would be the same.

The “Committee” also announced an exhibit and sale of his prison art, the proceeds of which will go to Leonard’s Legal Fund.   

This raises a couple of issues:

How does Peltier get away with what certainly appears, (and there have been public statements from the “Committee” regarding this issue), with running an illegal business from prison? This is an issue that has been ongoing for quite some time. (Fn. 2)

Does Peltier charge sales tax on the paintings? Peltier has never divulged how much he has taken in, or more importantly where it actually goes, supporters should ask that question and demand answers. 

There is also the lingering question of “tax-deducible” donations that comes and goes like a ghost in the night. One day they are bragging about it, the next day it’s gone. After all the fuss about becoming a 501(c)3 tax-exempt organization why is it that neither the Art Sale nor the current Peltier website (soliciting for donations) doesn’t proclaim the “tax deductible” mantra? This remains more than curious as over the years Peltier has bragged about all manner of charitable and philanthropic activities, and not to mention claims of widespread Native American support. Both of which are fatally flawed. (Fn. 3)

Several months ago the “Committee” announced that an attorney was soon to submit a motion that would bring Peltier’s case back into court. However, there has been no follow up announcements. Reality check!  The Eighth Circuit Court of Appeals stated, “Peltier was equally well represented at trial and on appeal.”(Fn. 4)

Over the years Peltier’s case has received intense scrutiny by many very capable attorneys, and some not so, and his conviction and sentence has never been altered. Peltier’s “Legal Fund” is nothing more than a red herring. (Fn. 5) 

“In the Spirit of Coler and Williams”
Ed Woods

Footnotes:
Bob Free, who resigned from the LPDC, was engaged in an ongoing conflict with another LPDC official, Cathy McCarthy. During a heated exchange Bob Free had this to say:
"4) It is very troubling that she is suggesting that Leonard himself is directing a Non Profit organization while still incarcerated. This is potentially a legal problem for Leonard and the LPDC."
And Bob Free was correct, but without belaboring the issue, he was also completely wrong about any such claim to a "non-profit" status. Bob Free and the NPPA recognized it, even if apparently Cathy McCarthy did not; Peltier's activities are illegal on a number of counts.
This is not an isolated incident; Leonard Peltier understands this problem as evident in an exchange from an individual selling Peltier's artwork on the Internet:
From: Codisc1@aol.com
Date: Sun, 8 Feb 2004, 16:56:07 EST
Subject: hello from art-a-mour.com
To: kolahq@skynet.be
just to let you know if you would be interested in helping sell Leonard Peltier's prints please contact me you will be able to buy them at wholesale prices http://www.art-a-mour.com The proceeds to go to the LPDC as he cant run business from prison. This is what he has asked me to do.
Teri Headrick
Peltier, even as an inmate is required to file personal income tax if he has any income. It would be interesting to see, considering all the money raised by Peltier selling his artwork and receiving donations from unsuspecting supporters, whether he has made the required IRS filings. It would be perfectly appropriate for Peltier to make that information available to his supporters.
“Fatally flawed” is a term used against Peltier by the 8thCircuit Court of Appeals:
4) 8th Circuit Decision, 9/14/78, see footnote #5: http://www.noparolepeltier.com/585.html
5) Bruce “I’ll take the Fifth” Ellison;
Eric Seitz, Excerpt from 2009 Editorial Essay #49: Seitz also said that he presented "some additional evidence on Leonard's behalf to the (Parole) board." Evidence? Hardly. Seitz also claimed "…they (the FBI and government) don't have any creativity, they don't come up with anything new. They don't have any greater ability to explain their justification for their position. It's a very wooden position, kill an FBI agent and live the rest of your life in prison. I don't think that's going to impress very many people who aren't already of the same opinion." 
First, and we can overlook that he may have misspoke-it was two agents murdered, not one, but that aside, the government doesn't have to come up with anything "new" and to even suggest as much shows a fundamental lack of insight or professionalism on Mr. Seitz's behalf. All anyone has to do is spend a little time to see just how wrong Mr. Seitz and Peltier really are. This case has been under the proverbial microscope for thirty-four years and every aspect has been reviewed, more than once, and Peltier's attorney's with their oftentimes frivolous legal arguments have lost not because of some grand conspiracy, but because the facts are not supportive of any of Peltier's claims of innocence. And yes, brutally murdering two wounded FBI agents' does warrant spending the rest of one's life in prison.

Friday, January 6, 2017

PELTIER: JUDGE HEANEY; REDUX

Dear Supporters:

What follows is an excerpt from a 2003 (fourteen years ago) NPPA Editorial Essay addressing public statements from Leonard Peltier and the Leonard Peltier Defense Committee (LPDC). It is reprinted in response to Peltier’s recent comments about Judge Heaney and the letters he has written.

* * *

Honorable Gerald W. Heaney, Eighth Circuit Court of Appeals

Circuit Court Judge Gerald Heaney is truly a member of America's Greatest Generation. At the outbreak of World War II, as a young lawyer, he could have avoided the heat of battle and probably used his legal talents in a safe stateside assignment. Instead, he sought a U.S. Army commission and became a young infantry officer participating in the D-Day invasion and several significant battles leading to the end of war in Europe. His courage can be neither denied nor ignored.

Judge Heaney is a jurist of impeccable reputation and experience. His character is irreproachable and unquestioned, and we know this because of a very specific example from the Peltier case.

By way of brief background

Judge Heaney was a member of the court during a 1984 appeal and wrote a subsequent 1986 opinion denying Peltier's appeal based on the application the federal Brady and Bagley legal tests. This decision was the result of Freedom of Information Act material provided to Peltier that became the basis for a three-day evidentiary hearing (on ballistics evidence) in the district court in October 1984.

Throughout this period Judge Heaney obviously held some very strong feelings concerning the historically unfair treatment of Native Americans in general, and the government's handling of the events leading up to the take over of Wounded Knee (February 1973) and the later subsequent killing of the two FBI Agents in June 1975.

His feelings about these issues and the history of Peltier and related cases moved him to write an impassioned letter in April 1999 to U.S. Senator Daniel K. Inouye during the term of then President George H.W. Bush - this presumably when Judge Heaney was either retired from the bench or in senior status. This letter, along with a subsequent one to Senator Inouye dated October 24, 2000 (in which he reaffirms his previous letter), during the final weeks of the Clinton administration, were written not as an ordinary citizen, but on United States Court of Appeals stationary, making them at once, personal and official correspondence.

Judge Heaney's first letter listed several mitigating reasons why he believed Peltier should be afforded some consideration of leniency: "At some point, a healing process must begin," he said.

Judge Heaney added, "My thoughts on these other aspects result from a very careful study of the records..." but throughout this letter Judge Heaney never suggested that Peltier was innocent. Quite the contrary, he had this to say on the issue of Peltier's guilt:

"Third, 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." (Emphasis added)

Judge Heaney himself would be needed to expound on this point, whether he consider(ed) (the Honorable Judge Heaney has since passed away) the initial wounding of the agents as a factor or that three people (Peltier, Robideau and Butler) went down to the wounded agents, and one, or all three, murdered the agents at close range.

No doubt, as Judge Heaney has done throughout his judicial career, he will set aside personal feelings and made his decision based on the proper application of the law as he did in 1984 and 1986.

And apparently he did.

Denial by the Eighth Circuit Court of Appeals

In a unanimous decision, on December 12, 2002, the Court of Appeals, of which Judge Heaney was a member of the panel, denied Peltier's recent motion to reduce his sentence.

Peltier's attorney's arguments, as we have seen, were untimely at best and based on issues that had been previously argued and rejected by the courts, even to the extent that former AUSA Crooks quoted one of Judge Heaney's own decisions during the proceeding.

However, Peltier's attorney Eric Seitz of Honolulu angrily and publicly stated that this ruling was "a disgrace" and further proof that "nobody who seems to care about Leonard is in a position of responsibility or authority." (But, Mr. Seitz, someone most certainly is.)

Seitz added that he was not "...particularly optimistic that any of the judges now sitting have any compassion or willingness to do the right thing here." "They're inclined to let him rot in prison."

Seitz's last comment was directed at the U.S. Supreme Court, but by implication both comments are leveled squarely at the Eighth Circuit Court of Appeals and Judge Heaney.

Seitz would do himself and Peltier a service to remember that Judge Heaney was one jurist - "in a position of responsibility and authority" - who came down squarely on the side of Peltier, the Native American. Judge Heaney, as well as the other judges, saw the frivolousness of Seitz' arguments and ruled against Peltier based on the law.

Seitz can whine and complain and throw around typical Peltier camp rhetoric all he cares to, since he has foolishly ignored one man who has plenty of passion on this subject, Judge Heaney.

But thankfully, although abundantly passionate on the plight of Native Americans, Judge Heaney (was) a jurist of the highest caliber and knows that Seitz's legal arguments were flawed.

Yet Seitz, and those among the reenergized Peltier campaign, would want the Court of Appeals "to do the right thing here" and yield to passion in the face of frivolous legal maneuvers.

                Reenergized or not, the tune and tone of the "Until Justice is Won" campaign is still the same. Make as much noise as possible but stay away from the revealing legal history of the case.

“In the Spirit of Coler and Williams”
Ed Woods

Addendum:

During a later 60-Minutes interview Judge Heaney was asked if Peltier received a fair trial. His response, “He received a fair trial. Not a perfect trial, but a fair trial.”
For a thorough review of Judge Heaney's background, please see:
https://en.wikipedia.org/wiki/Gerald_Heaney


Monday, November 14, 2016

PELTIER: 11/8/16, THE LIST & Pearl Harbor

Dear Supporters:

Election day was a revelation to many people, mostly divided into two broad categories, those who are excited and those who are disappointed.[i]

Leonard Peltier must be included in the latter.

As January 20th approaches and The List gets longer and doesn’t include his name there was probably the lingering hope that if Hilary Clinton was elected he may have had one more opportunity for clemency consideration. There was a time, when then President Clinton was leaving office that Peltier was on the short-list for release. It didn’t obviously happen but that’s a story for another day. The Clinton’s were publicly criticized for not releasing Peltier as they allegedly had promised. In any case, and as a reminder to remaining Peltierites, Peltier’s ingratitude was obvious and predictable, and even if President Obama may give any consideration to commuting his sentence we can simply repeat Peltier’s public pronouncement, “These politicians are such sleazebags that you just don’t know.” [ii]

The List

President Obama remains committed to commuting sentences of those who received long prison sentences for relatively minor drug offenses.  The reduction of sentences has been consistent and has not included murderers. It doesn’t include unrepentant cop killers.[iii]

Pearl Harbor

Since April 30, 2000 there have been only a few passing references of a personal nature; they are included in the Editorial Essays, Pilgrimage to Pine Ridge and Mission to Lewisburg.[iv] This was done because the purpose of the NPPA was, and remains, to honor the memory and sacrifice of two brave young FBI agents who were brutally murdered in the line of duty, as well as fostering public knowledge dispelling the myth and folklore surrounding their remorseless killer.  Peltier must also serve the remainder of his consecutive life sentences (plus seven years for the armed escape from USP Lompoc).

Recently celebrating our 50th anniversary, my wife and I went to Hawaii for two weeks, having a wonderful second honeymoon and visiting four islands, and of course, Pearl Harbor and the U.S.S. Arizona memorial. It was a moving experience, especially for a patriotic American and veteran to contemplate the historical significance, bravery and sacrifice on that fateful day.

The memorial included a video of the events leading up to and the attack on the U.S. fleet at Pearl Harbor. However, there was one comment during the short film that gave pause and seemed inappropriate.[v]

The film ended with, “They will never be forgotten.”

Certainly, those brave servicemen who made the ultimate sacrifice will never be forgotten.

Nor will Jack Coler and Ron Williams.

“In the Spirit…”
Ed Woods



[i] For those who demonstrated their disagreement with the election results, that is their right. For those lawless and destructive demonstrators, they deserve to be prosecuted. For those who burned the American flag they do that under the very freedom democracy provides and protects even if  an unquestionably lowly act for any citizen. They need to ask themselves a basic question and consider an alternative: Why is it that no one is trying to escape from the United States?  And, they are perfectly free to consider living in some other country. Looking back, if you recall, for those who said they would leave America if George Bush was elected, guess, what? They are still here.
[v] Although the narrator did mention Japan’s invasion and war with China and imperialist expansion into Southeast Asia, the U.S. oil embargo of Japan, and the decision to locate the Pacific Fleet to Hawaii, the commentary was that these developments gave Japan no option but to go to war. Within the context of the events leading up to the U.S. entry into WWII, I felt the “no option” statement was inappropriate. America was in a defensive posture, felt threatened while many countries tried to slow Japanese imperialist aggression. Japan did have an option but chose war instead.

Wednesday, December 5, 2012

PELTIER: KUZMA CLOSES THE CIRCLE & Much more

Dear Supporters:


“From what I understand it’s now been determined that the Mr. X. story was just concocted.”

Thanks to Peltier attorney Michael Kuzma the lie of Mr. X has been officially admitted by the Peltier organization.

On 11/3/12 Michael Kuzma (Kooz-Mah), 1893 Clinton St., Buffalo, New York 14206, (716) 822-7645, email, michaelkuzmaesq@gmail.com (In case anyone needs an FOIPA lawyer), participated in a 90 minute blog-talk-radio program. The organizers were somewhat unprofessional and disorganized at times and some of the questions posed by the moderators and those who emailed or called-in demonstrated a lack of understanding of the facts surrounding Peltier’s conviction or the function of the government for that mater. (Footnote 1)

Mr. X was the individual in the infamously fictitious red pickup, whom they all knew and was delivering dynamite to the camp that day. He was followed by the agents, engaged them at a distance, wounded them and then approached them both administering the final fatal shots to their faces. Or at least that’s how the legend was offered.

Mr. X, in a very real sense was the first, and then only alibi, offered by Peltier. In other words, where he claimed that he wasn’t responsible, was innocent for the agents’ deaths and someone else did it. It’s not that this was a casual remark easily dismissed, no, this one had legs and took on a long life of its own and permeated nearly everything that followed. For example, a brief review of Peltier’s alibis:

He was eating pancakes and drinking hot coffee in the AIM camp when the shooting started. He fired over their heads. In a CNN interview admitted for the first time firing at the agents. In a Leavenworth interview “I can’t say anything about that Darrin. I haven’t said anything about it for almost sixteen years.” “…because all the media have asked me about this, and it’s the same answer, I can’t say anything about it. I appreciate what he has done.” Robideau’s approximately six minute and fifty-two second detailed description of Mr. X’s actions in the film Incident at Oglala was followed immediately by Peltier’s admission “This story is true.” In the film and Mathiessen’s ITSOCH, both interviewed the phantom Mr. X.  Peltier, 50 said during a recent interview at the U.S. Penitentiary in Leavenworth, “I know I’ve said in the past who he is.”

No surprise that Peltier never mentioned Mr. X or the infamous red pickup truck in his autobiography, Prison Writings.

And, of course we will neither forget nor ignore that one of the three principals in this deadly saga, Dino Butler, came out publically in 1995 and said that the entire Mr. X story was not true (Fn. 2).

For a complete review of the Mr. X narrative and lie please see the three sections, “Mr. X the Movie,” “Mr. X the Interview,” and “Mr. X the Lie,” available from the No Parole Peltier Association home page. (This section will also include an updated addendum including Mr. Kuzma’s admission.)

The closest to any official acknowledgement (aside from Peltier’s own statements and Butler’s renunciation) came from the then Leonard Peltier Defense Committee (LPDC) on May 23, 2000, “Mr. X has long been a controversial topic, by both supporters of Leonard Peltier and those who oppose his release.” Only, controversial? (Interesting to note they include “supporters,” implying that even those on his side didn’t buy this lame fabrication.)

That is, until now, and thanks to the unfiltered public admission from Peltier’s attorney, it’s now painfully official. Mr. X was Peltier’s most significant alibi and it has always been nothing more than a lie. The truth though is that Peltier was the real Mr. X.

Thank you Mr. Kuzma.

Which begs the question, if Peltier can foster such a lie for so many years why should anyone believe his other claims or feigned cries of being a political prisoner and innocent?

Mr. Kuzma made a few other significant comments during the broadcast.

                   If all else fails, use the race card:

Mr. Kuzma called me a racist. Well didn’t actually say racist, but that’s certainly what he intended to convey.

During the podcast Kuzma mentioned a retired FBI agent who runs a website from Cincinnati and then editorialized with “the most segregated city in America.” The reference was obviously to this writer and this website. The implication being that someone living in a particular city he automatically assumes is a racist. Really? Let’s look at this attorney’s professional logic. So, someone gets transferred by his job to a city, buys a home, continues to raise a family, works there for a number of years, retires, starts a second career (another eleven years and still counting) and suddenly, in Mr. Kuzma’s mind that makes someone a racist. That would be like saying people living in Buffalo, NY must be Eskimos. Actually, in a recent study the ranking from least to most segregated cities were: Nassau-Suffolk (which is odd because they are counties comprising what most New Yorkers refer to as Long Island—that, according to native New Yorkers excludes Brooklyn and Queens, which are still part of the Island of Long but are firmly two of the five borrows of New York City proper. No self-respecting Brooklynite or Queens resident would consider themselves residents of Long Island. But, Nassau County’s north shore, The Gold Coast, and Suffolk County’s, The Hamptons are the Mecca of the very rich, the ‘one percenters’ who’s necks are presently on the proverbial chopping block. Kuzma didn’t comment whether they would be racists too.); then there’s, St. Louis, Cleveland, Miami, Philadelphia, Chicago, Newark, New York City, Milwaukee and at the top of the list, Detroit. Nope. No Cincinnati. So, without an ounce of proof, Mr. Kuzma makes a value judgment based on the city where someone happens to live. Maybe he ties that in some way with those who recognize Peltier’s unquestioned guilt. If you oppose Peltier’s freedom because he’s an Indian, perhaps, therefore, and because you happen to live in a particular city, you’re by his definition, a racist. Well, then, we’ll just have to ignore a couple of facts; Kuzma is not a Native American, and my great-grandfather was a full-blood. What this does though is establish a clear line of bias in Mr. Kuzma’s personality and thought process.

                            The Movie:

Kuzma provided a wonderful endorsement, encouraging everyone, especially the young (those who are uninformed about Peltier’s guilt or the history of his convictions) to watch Incident at Oglala. And for that we applaud and thank him for two reasons. It clearly depicts, because otherwise there would be no point or climax to the film, a hooded Mr. X with Mr. Redford narrating (and Robideau’s explicit description) how he engaged the agents, then shot them and drove off in the infamous red pickup. People should watch and listen carefully to this portion of the film and rampant Peltier folklore (That’s my alibi Leonard is telling us, someone else did it; honest to God it was someone else: and as he says in the film, “This story is true.”) Then let them remember, because we’ll remind them once again, Mr. Kuzma, putting the Mr. X lie exactly where it belongs, “From what I understand it’s now been determined that the Mr. X story was concocted.” So, folks, Peltier supporters or those who want to learn the real facts of what happened at Jumping Bull that day, you can ignore Mr. Concocted. But what you can’t ignore though is the twenty-year lie that Peltier and others proclaimed as the truth. Thanks again, attorney Kuzma.

                              Under the bus:

Not being shy about demeaning fellow bar members, Kuzma throws Elliot Taikeff (“one” of Peltier’s attorneys at his Fargo trial) and Eric Seitz, who handled Peltier’s 2009 parole hearing, under the proverbial legal bus. Kuzma does soften the blow a bit by saying it’s easy to Monday-morning-quarterback someone.

Kuzma tells us that Seitz was “out-maneuvered.” Gee, really, out-maneuvered; at a parole hearing? Seitz, who had represented Peltier since about 2000, did make some incredibly naïve (if that is the correct and most polite description) public statements after the parole hearing that "…they (the FBI and government) don't have any creativity, they don't come up with anything new. They don't have any greater ability to explain their justification for their position. It's a very wooden position, kill an FBI agent and live the rest of your life in prison. I don't think that's going to impress very many people who aren't already of the same opinion."

Brilliant conclusion. Yep, kill (actually two) FBI agents and spend the rest of your life in prison. Makes sense to most people. Besides, that wasn’t true, the government witnesses did introduce additional evidence, not the least of which was testimony from the 2004 trial of Arlo Looking Cloud where Peltier was quoted making some specific admissions about killing the agents. There was other information provided as well, public statements that Peltier himself has made which further support his conviction and solidify his guilt. (Fn. 3) Seitz’s Witnesses included Peter Matthiessen who has dug himself such a deep hole he can never climb out or overcome the severe criticism of In the Spirit of Crazy Horse by Alan Dershowitz that his tome is embarrassingly sophomoric and not only fails to convince but inadvertently makes a strong case for Peltier's guilt. Seitz’s other witnesses contributed little more, a philosophical argument, and a place to stay on the Reservation.

Seitz may well have been trying for Everest or Suribachi. He had a tough burden to overcome…but perhaps Kuzma was correct after all; he forgot his climbing gear. The decision was upheld on appeal as well.

The parole hearing itself has been a previous topic of discussion with Peltier making claims about what allegedly was said. Peltier was even challenged to put all the critics and naysayers in their place and post the hearing transcript on whoisleonardpeltier.info. Justice and the truth demand it. So it was very interesting, compelling really, to hear Mr. Kuzma say that he has a recording of the hearing that he received through the FOIA (presumably with his client’s permission), and that he has played the recording in public (presumably with his client’s permission), or at least at a monthly meeting of the Leonard Peltier Support Group in Buffalo, NY at the Burning Books book store (sounds charming). Kuzma didn’t say whether the recording was edited. Odds are that it was…but there’s no proof at the moment.

So, let’s ask Mr. Kuzma to do what Peltier wouldn’t, put the recording on the website. Let’s see how far Kuzma and Peltier are willing to go to make sure everyone hears what actually transpired, without the myth filter. Let President Obama and the rest of us hear what was offered by both sides so they can make their own decision about Peltier’s guilt. (If there isn’t a transcript, I will offer to transcribe the recording…free of charge…just send a copy.)

As for Elliott Taikeff, Kuzma is taking a cheap shot because he wasn’t alone at the defense table. He had plenty of help and support. Reading the transcripts, and listening to him in Incident at Oglala, attorney John Lowe was pretty aggressive. Matter of fact, as related in the Editorial Essay, Critical Witnesses Against Peltier (Fn. 4), it was difficult not to conclude that Lowe’s aggressiveness passed the decorum threshold reaching a level of sarcasm and unprofessional demeanor that I personally have never seen in a federal courtroom.

Then there’s Bruce Ellison, the sideshow mouthpiece who has some skeleton’s in his closet according to those who know much more about Annie Mae Aquash’s murder. Where was he during all this?

But to place this kind of criticism in its proper perspective the Eighth Circuit Court of Appeals in a unanimous Direct Appeal judgment, Circuit Judges, Gibson, Ross and Stephenson summed it up best. “We have carefully examined the record in the trial court and on appeal, and have concluded that the defendant’s trial counsel were aggressive, capable and informed, and engaged in sophisticated trial decisions on strategy.” “The allegation of Peltier’s counsel on appeal amounts to no more than hindsight and second-guessing by one lawyer concerning the trial tactics used by another lawyer. Peltier was equally well-represented at trial and on appeal.” (Fn. 5)

                   If it fails again, play the conspiracy card:

As if the fog of folklore surrounding Peltier wasn’t thick enough, Kuzma adds this most bizarre and astonishing claim to the list:

“…because we’ve learned that after Judge Heaney, for example, started speaking out regarding Leonard and his case and how he really didn’t get a fair shake, he got a visit from the FBI. So if we could prove that during one of Leonard’s, say appeals, that Judge Heaney was improperly approached, now that might be something that would get a court interested in Leonard’s case…”

This is analogous to the shooter on the grassy knoll and begs to be examined in greater detail to demonstrate that Kuzma has not only taken a full measure of Peltier Kool Aid, as he criticizes other Peltier attorneys, but takes a giant leap off the cliff of reality and ignores the real history of this case.

First, Kuzma would be challenged to produce anything, other than his own ramblings, that there is one scintilla of proof that Judge Heaney was improperly approached by the FBI. Kuzma’s first response, presumably, would be that the proof is being withheld by the FBI and Department of Justice by not releasing all the contested documents. Perhaps Kuzma imagines a memo, teletype or FD-302 stating that Eighth Circuit Court Judge Heaney was visited by FBI agents and told to back-off from his public statements that seem to support Peltier. But that’s not what Kuzma claims…he states that they already have it; proof that something like this actually happened. Kuzma says, “because we’ve learned.” So, put it up for all to see, what exactly have you learned and from what source? If you can’t, or won’t, then we’ll have to plant this little seed of folklore-lie somewhere on the grassy knoll where it belongs.

Judge Gerald Heaney was a member of the Greatest Generation. As an attorney during WWII he could have opted for a safe stateside assignment, but instead became an Army officer, participated in the D-Day invasion and other campaigns and later became a respected jurist.

The key Eighth Circuit decisions and a timeline regarding Judge Heaney in the Peltier case follows:

Direct Appeal; September 1978, Judges, Gibson, Ross and Stephenson
Remand; April 1984, Judges HEANEY, Ross and Gibson
Appeal of Hearing; September 1986, Judges, HEANEY, Ross and Gibson
Movie; Incident at Oglala, 1991, in which Judge HEANNEY appears
Letter; From Judge HEANEY, April 1991 to Senator Inouye.
Changed Theory; July 1993, Judges, McMillan, Friedman and Arnold
Letter; From Judge HEANEY, October 2000 to Senator Inouye
Rule 35; December 2002, Judges, Hansen, HEANEY and Arnold

Let’s start by noting Peltier’s conviction and sentence have never been overturned.

Trying to follow Kuzma’s logic here is like doing a Rubik’s cube in the dark. At what point would Judge Heaney, according to Kuzma, been compromised (threatened, intimidated, coerced) into not ruling against Peltier? Judge Heaney was part of the three-judge panel and authored one of the arguably most critical decisions against Peltier; the appeal of the evidentiary hearing in 1986. Judge Heaney, as he clearly explained in the 1999 film Incident at Oglala, that his decision was based on the law, the Bagley test. Notwithstanding, he had some strong personal feelings about the treatment of Native Americans and their history in general, he nonetheless decided on the law, which wasn’t a technicality as Peltier folklore would want us to believe.

In April 1991 Judge Heaney wrote a letter to then U.S. Senator Daniel Inouye on the Select Committee on Indian Affairs.

One would have to assume that this would be the time that Kuzma fantasizes about the FBI’s move against Judge Heaney.

But then what happens? Judge Heaney writes a follow-up letter to Senator Inouye dated October 24, 2000, referencing his first letter from 1991. (That’s nine years later if Kuzma is counting.)

And, in yet another appeal to the Eighth Circuit in December 2002, Judge Heaney, in another unanimous decision, rules against Peltier…again…on the facts and the law.

So what happened to Kuzma’s revelation that “we’ve learned” that the honorable judge was “visited” by the FBI? Under other circumstances most would dismiss Kuzma’s outlandish allegation as simply frivolous, but since it has no basis in fact, or logic based on the timeline, it’s just plain dimwitted.

Besides, Judge Heaney never implied that Peltier didn’t get a “fair shake.”

Judge Heaney's letter listed several mitigating reasons why he believed Peltier should be afforded some consideration of leniency: "At some point, a healing process must begin," he said. Something he obviously felt very strongly about.

He added, "My thoughts on these other aspects result from a very careful study of the records..." but throughout this letter Judge Heaney never suggested that Peltier was innocent. Quite the contrary, he had this to say on the issue of Peltier's guilt: "Third, 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." (Fn. 6)

And, in an offhanded remark, it was Mr. Kuzma during the program who said the FBI is engaging in a major disinformation campaign about this case. Really? Kuzma ought to know about his own disinformation; he has a pretty good handle on that process. This is a coffee and kettle scenario for sure.

                         Frank Deluca, aka Frank Blackhorse:

Kuzma spent much time on what appeared to be a compulsion about the Jewish-Italian wannbe Indian who seemed to be on every law-enforcement radar yet kept dodging confinement. Devoting, apparently, much time using his FOIA skills, Kuzma is trying to determine whether or not Frankie was “one of their guys” (the FBI), of which Kuzma had no doubt. “Walks like a duck, quacks like a duck…I think he was a fed.” By “Fed” Kuzma must mean an FBI informant who he suspects of infiltrating and instigating the noble aims of AIM (no pun intended). Frankie is arrested, not prosecuted, does this and that and gets away with it. The “guy just vanished” and that Kuzma just “might learn the truth about this character.”

Much of what Kuzma repeats comes straight from the Peltier playbook, namely, Matthiessen’s, In the Spirit of Crazy Horse and it’s no secret that that Deluca was arrested with Peltier in Canada.

With all the angst Kuzma expresses over who or what Deluca was or wasn’t and why he is still roaming free above the 49th Parallel, he omits that Peltier himself knew who gave him up to the Canadian authorities. (According to Rogue Duenas via Matthiessen) “And finally we moved him (Peltier) over the mountains to Alberta, to Smallboy’s camp, way out in the bush. Black Horse was with him and there was another guy there, too, but we don’t work with him no more. Because they got there on a certain night, and the very next day the Mounties were right on top of them. (ITSOCH, p. 251) And identifying this other guy, ““Peltier himself says that “the person who was responsible for our arrest was the old man Yellow bird who we learned later was paid for his work by the R.C.M.P.; because of this traitor, Smallboy’s camp nearly split up.”” (ITSOCH, p. 403)

Nowhere throughout Kuzma’s ranting about the activities of Deluca does he connect him with Peltier and the murder of Coler and Williams. It’s like he’s spun-off in several different directions at once. But Kuzma knows, as we all do as well, that Deluca—for whatever he may eventually turn out to be, wasn’t at Jumping Bull on that most critical day. It was Peltier, Robideau and Butler, among other AIM members, not including Deluca, who first mortally wounded both agents and that Peltier (which was the government’s argument of the case and one that many people believe is true), fired the final fatal shots to the faces of Coler and Williams. (Further, I would personally want to know which of the brave warriors—an oxymoron in this instance—rolled the mutilated bodies over to face the ground. Maybe it was Joe Stuntz after he stole Coler’s jacket and put it on giving Peltier a smile.)

And, throughout the 90-minute discussion, Kuzma failed to mention anything pointing to Peltier’s alleged innocence in all this. Not one single word to support the notion that Peltier is not as guilty as sin.

“In the Spirit of Coler and Williams”

Ed Woods

References:
1) A co-host actually made the statement referring to President Obama that “…he ..should get bolder…and would not be so accommodating to the far right?” Really, has the co-host paid any attention to the campaign over the past year?
2) http://www.noparolepeltier.com/lie.html
3) http://www.noparolepeltier.com/debate.html#paroledenied
4) http://www.noparolepeltier.com/debate.html#critical
5) USCA, 8th Circuit, 585 F.2nd 314, 1978, September 14, 1978, Fn. 5.
6) http://www.noparolepeltier.com/debate.html#birthday
    http://www.noparolepeltier.com/heaney.html