PELTIER: NEW OBSERVATIONS & BALLISTICS

Dear Supporters:

A recent article entitled “The Pine Ridge Reservation, Prisoner of War Camp #344” on the website for the publication, New Observations, referenced Leonard Peltier and his artwork. (Footnote 1)

The article covered several topics and lauds Peltier’s artwork for its representation of Native life and culture, joy and despair. It also takes a giant leap of faith presuming that Peltier can stand beside the likes of “Vaclav Havel, Nelson Mandela, Martin Luther King Jr. and others who has inspired us to strive to become our best selves.” However, this was preceded with a factually incorrect statement that only serves to perpetuate Peltier’s long-standing myth and folklore. 

The article states:

Ballistic evidence that proves Leonard Peltier’s gun was not used in the death of two FBI agents on Pine Ridge on June 26, 1975 was not allowed to be presented during his appeals trial. In any other country, he would have been released by now. (Emphasis added)

(The source of this statement comes from Peltier himself during an interview for New Observations. Response to a question about his conviction, Peltier erroneously claimed, “The prosecutors, with the assistance of the FBI, hid ballistics testing that showed the weapon prosecutors tried to link to me was not the weapon used to kill the agents.” This is just one of countless examples of Peltier either forgetting the history of his case or more likely offering another frequent fabrication that people will just accept it at face value or fail to thoroughly research Peltier’s claims.) 

(Actually, “any other country” ignores a stark reality. In many other countries, once ‘convicted,’ the likes of Leonard Peltier would be taken out back and shot. Here, however, he received due process and was well represented through multiple appeals.) 

The factual errors in the New Observations quote are:   

            -There was no proof of ballistics evidence that proved Peltier’s “gun” was not used in the murder of FBI Agents Coler and Williams.

            -It is incorrect to claim that ballistics evidence was not allowed to be presented.

            -The referenced “appeals trial” is inaccurate; it was a court-ordered hearing, not a trial. 

The ballistics issue relates to the crime scene and a .223 shell casing located in the trunk of Agent Coler’s government vehicle and Peltier’s rifle (referred to in appellate filings as the “Wichita AR-15”) that was recovered in a burned-out station wagon on a Kansas turnpike as AIM protagonist, Bob Robideau, and others, were making their escape from the carnage at Jumping Bull.

After his conviction, Peltier received government documents through the Freedom of Information Act. One of those documents was an October 2, 1975 FBI Laboratory Teletype regarding ballistics examination of Peltier’s AR-15 and the recovered shell casing.

Based on the belief that this Teletype represented “new evidence,” Peltier made a series of appeals claiming he was entitled to have his conviction vacated and was entitled to a new trial based on a Constitutional violation related to Brady v. Maryland (a prosecution discovery requirement). The appeals resulted in a three-day (ballistics) hearing.

The timeline of Peltier’s appeal on the ballistics evidence (Teletype) follows:

1) Peltier appealed to the District Court (the court in which he was tried and convicted). That court denied this motion adding, “As noted by the Court of Appeals…the evidence of Peltier’s guilt was strong.” This decision further reviewed the prior direct appeal decision by the Eighth Circuit Court of Appeals, which stated, as a finding of fact based on the complete trial record, that Peltier was the only one among the AIM members possessing an AR-15 and who had fled Pine ridge with that weapon.  The Government’s position was that the Teletype did not constitute new evidence and was not Brady material. (Fn. 2)

2) Peltier appealed the lower court’s denial to the Eighth Circuit Court of Appeals that stated in part: “After a careful review of the decision below and the records on appeal, we find no error in the district court’s decision to dismiss without a hearing all allegations of purported prejudicial concealment by the government save the one example detailed in Peltier’s brief and specifically argued to this Court. That example concerns the validity of the FBI ballistics tests linking a .223 caliber bullet casing found during the investigation of the murders in questions to an AR-15 rifle attributed to Peltier on the day of the killings.”  “…we remand to the district court for an evidentiary hearing. At this hearing the court shall limit its consideration to any testimony of documentary evidence relevant to the meaning of the October 2, 1975, Teletype and its relation to the ballistics evidence introduced at Peltier’s trial.” (Fn. 3*)

3) October 1 – 3, 1984, Evidentiary (ballistics) hearing: The entire sequence of events concerning submissions (total of three) of hundreds of items of evidence to the FBI Laboratory and the timing of the examination of the “Wichita AR-15” and the .223 shell casing was explored at great length. The court concluded, as a finding of fact what the word “different” in the October 2, 1975 Teletype meant and denied Peltier’s  ¶2255 motion based on an alleged Brady violation. The court noted that “Defendant had an independent firearms expert present in the courtroom at the hearing, but he was not called to testify.” (Fn. 4)

4) Peltier appealed this denial to the Eighth Circuit. That court addressed prior filings and decisions, stating, “We then held that the evidence was sufficient for the jury to find Peltier responsible for the murders.” At considerable length the court reviewed the evidentiary issues relating to the Brady material and the application of Bagley (U.S. v. Bagley) legal standards. Regarding Brady, the court stated, “Constitutional error occurs, and the conviction must be reversed, only if the evidence is material in the sense that its suppression undermined confidence in the outcome of the trial.”  Although critical of some aspects of Peltier’s conviction, the court concluded, “Yet, we are bound by the Bagley test requiring that we be convinced, from a review of the entire record, that had the data and records withheld been made available, the jury probably would have reached a different result. We have not been so convinced.”  (Fn. 5*)   

Further, “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.” (Fn. 6*)

* * *

The inaccurate statement by New Observations (sourced to Peltier) that there was evidence proving that Peltier’s weapon was not used in the murder of Agents’ Coler and Williams and that Peltier was not allowed to present such evidence is simply not true and only serves to reinforce the decades-long false narrative of innocence and manufactured myth and folklore surrounding Leonard Peltier. 

Contrary to Peltier’s claims, there were no Constitutional violations regarding his conviction. Had there been just one, any discussion regarding Peltier would have evaporated long ago. After numerous appeals by many competent attorneys Peltier’s conviction and sentence have stood the test of time. As well, over the years, Peltier’s public and written statements only serve to highlight his unrepentant guilt and where reality is finally showing itself.**

“In the Spirit of Coler and Williams”

Ed Woods

Footnotes 1)https://static1.squarespace.com/static/5c0adfa7b40b9d179f6ed5f8/t/5eefdde13153d0544b86099c/1592778224351/NO-135-The-Pine-Ridge-Reservation.pdfNew Observationsarticle. 

2) Title 28 U.S.C. ¶2255motion to the U.S. District Court, District of North Dakota:

http://www.noparolepeltier.com/553_890.html

 3) Appeal to the Eighth Circuit: remanded back to the District Court for an evidentiary hearing.*  http://www.noparolepeltier.com/731.html

4) Evidentiary (ballistics) hearing: http://www.noparolepeltier.com/609.html

5) Eighth Circuit Decision; denied re Brady (Brady v. Maryland) and Bagley (U.S. v. Bagley).*  http://www.noparolepeltier.com/800.html

6)  “                                                                      “ (“The .223 casing” section)

*Hon. Gerald Heaney (Rest in Peace), Eighth Circuit Court of Appeals, played a crucial role in the Peltier saga. Notwithstanding his own personal feelings regarding Native American issues he made his decisions based on the law. In a televised 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.” http://wwwnoparolepeltiercom-justice.blogspot.com/2017/01/peltier-judge-heaney-redux.html

**Peltier supporters must be constantly reminded of Peltier’s second biggest lie (the first of claims of innocence); the false alibi of the phantom Mr. X. Peltier claimed as much on film, “This story is true.” It wasn’t then or now, but only another fabrication that never existed. http://www.noparolepeltier.com/movie.html

http://www.noparolepeltier.com/interview.html

http://www.noparolepeltier.com/lie.html

PELTIER: COMPASSIONATE DENIAL

Dear Supporters:

On May 1, 2020 Peltier advised that he "...received a denial for compassionate release from the warden. All it said was 'At this time' and no other reasons. Yes it was a disappointment but not a surprise."

On May 4, 2020 Peltier went on to add, "...yes the Compassionate Release denial was a disappointment but it was a long shot but that there are other options for release under the CARES ACT so supporters should continue to let BOP know that they are still advocating 4 me. SO, I WAS (sic) WASN'T SURPRISED AS SO MANY OF US ELDER (sic) IN HERE ARE UP AGAINST IT. Otherwise I'm still alive. We do need more letters to the BOP."

It's generous for Peltier to tell us that he is "still alive," while Jack Coler and Ron Williams are still dead. The last time Peltier saw them was at the front end of his AR-15 as he ended their lives with point-blank blasts to their faces.

Let us not forget that horrible scene: Both were shot in the face, yet when their mutilated bodies were found they had been rolled over to face the ground. The question remains, which one of the AIM cowards did that?

Since Peltier encourages his supporters to write to the Bureau of Prisons for consideration under the CARES ACT, so too can NPPA supporters--Peltier detractors--do the same and explain why Peltier is not a candidate for release, no matter what his age or health issues may be.

The BOP should show Peltier the same level of compassion he gave to two wounded and defenseless human beings: And that would be none.

NPPA supporters please see the April 7th blog and continue to write your own letters to the BOP and Attorney General.

"In the Spirit of Coler and Williams"
Ed Woods

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

AUGUST 9, 1979: Three FBI Agents die in the line-of-duty

Dear Supporters:

(This blog is not about Leonard Peltier and the unprovoked attack, wounding and brutal murder of Special Agents Jack R. Coler and Ronald A. Williams.)

Forty years ago marks the worst day in FBI history when three Agents were killed on the same day in two separate incidents, and like most tragedies it all began at another time and place.   

Chicago, September 17, 1978, 6:00am: Michael Guyon, a career criminal and his nineteen year old brother Melvin, who was already a fugitive from felony charges in Cleveland, were on the prowl for easy prey and watched as two sisters finished their late shift at a local discotheque; the older a waitress, the younger a dancer and a virgin. They walked arm in arm pressed together against the morning chill. Nearing an alleyway they were attacked and forced at gunpoint into Guyon’s car and driven to a deserted industrial parking lot at 43^rdand Halstead where they were both violently raped and robbed. They were at least given thirty cents each for bus fare and dropped off at a nearby stop.

Melvin Guyon fled Chicago and returned to his girlfriend and their two children in Cleveland. Michael was arrested a few weeks later suspected of abducting a 4 ½ year old.

By late-October the Guyon brothers were identified and local warrants for rape, robbery and kidnapping were issued along with a federal Unlawful Flight to Avoid Prosecution (UFAP) warrant for Melvin Bay Guyon.    

The San Diego Division covers the Imperial Valley of Southeastern California along the Mexican border. The Valley is richly agrarian and sparsely populated with a relatively low crime rate. The area’s largest town and county seat, El Centro, was the location of the Bureau’s two-man Resident Agency and because of its remote location and the need for bi-lingual Spanish speakers the RA was among the Bureau’s hardship assignments.

In 1979 the RA was on the second floor of a commercial building, referred to as the KXO building, the location of a local radio station. The building also had a bank and several other businesses, including an insurance company.

The RA was staffed by two experienced Agents; J. Robert Porter and Charles W. Elmore.

Bob Porter, the father of five, was a life-long member of the Church of Jesus Christ of Latter-Day Saints. His involvement with the Mormon faith dated back to his great-great grandfather in the mid 1800s. Bob participated on Mormon missions and became a Bishop in the church. Originally from Arizona, Bob served in the U.S. Army and later earned a Bachelor’s degree and taught high school Spanish in Tucson. Bob entered the Bureau in June 1967 and was assigned to four offices before being transferred to El Centro. While assigned to the San Juan Division Bob earned a Master of Science Degree. A consummate professional and gentleman, Bob was well liked and respected among his peers and the citizens he encountered.

According to his family, Chuck Elmore was enamored with the FBI and from childhood wanted to be an FBI Agent. A native of Seattle, Chuck attended the University of Washington with the Naval ROTC and majored in Spanish and education. In 1968 Chuck accepted a commission in the U.S. Marine Corps and served as a tank platoon commander in Viet Nam achieving the rank of Captain and receiving several service medals including the Vietnamese Cross of Gallantry with palm and frame. After Viet Nam, Chuck worked as a campus security officer at the University of Washington before entering the Bureau in June 1972. Chuck’s first office was El Centro. He was well liked and respected and enjoyed the southwest environment. He was transferred to the New York Office and assigned to the recently opened New Rochelle Resident Agency until he had the opportunity to return to El Centro.

James Maloney was born in Indio, California and raised ten miles East of El Centro in the town of Holtsville and by 1979, turning thirty, lived in the same house on Walnut Street where he had grown up. He was well liked in high school, a good student and active athlete and later attended the local community college. His mother died when he was twenty-one and his father, a career border patrol agent, left El Centro and his family for assignment elsewhere. Although not viewed as a violent person, Maloney was well known as a pacifist against the Viet Nam war and strongly supported Caesar Chavez and the United Farm Workers movement. 

Maloney was arrested during a demonstration in San Francisco and the FBI had information he was associated with the extremist Weathermen faction of the Students for a Democratic Society. Based on that information Maloney was interviewed on October 19, 1972 at the El Centro RA. (The RA was then in a different location and interviewed by agents prior to Porter and Elmore.) The interview was mildly hostile as Maloney was not forthcoming in his responses to the Agents’ questioning. Without additional specific negative intelligence information the inquiry into Maloney was later closed.

Maloney though believed that he was now being pursued by the FBI and his distrust for the U.S. Government, especially the CIA, began to fester. Far from inarticulate, Maloney later wrote letters to the editor of the local newspaper expressing his views against U.S. government intervention around the world, particularly Nicaragua and Iran.

Maloney’s hatred grew as his attraction toward communism and the likes of Castro, Che Guevara and the Irish Republican Army became an obsession.

Other personal issues drew Maloney closer to the emotional brink and radicalized him against the government.

Married in 1972 and then separated, his estranged wife had a child with another man; he still wanted her back but was rebuffed. At one point he became suicidal and was diagnosed as a depressive neurotic. Ironically he was able to hide most of his anti-government rage. Only a couple of people knew that his hatred for the government was reaching a breaking point. (An irony was that Maloney spent most of his adult years working for government agencies and at one point for the California Jobs for Progress office of the California Department of Labor, which at a time was located in the KXO building.)

Maloney made a FOIPA request that was rejected, which further enraged him and he later made an appointment with Agent Porter for 9:00am, Thursday, August 9^th.. Bob, as was his nature, was willing to help him with the paperwork; but Maloney already had other ominous plans for that morning. 

The Saturday prior, August 4^th, Maloney held his 30th birthday and a going away party of sorts at his house for several friends and co-workers. He told them he was planning to move to San Francisco to live with his sister and find work up north. His mood was upbeat with no hint of what was to come.

   

The Cleveland fugitive squad developed information that UFAP Melvin Guyon was living in the projects on the East side of the city. A former boyfriend of Guyon’s girlfriend owed her money and agreed to visit the girlfriend to allow agents an easy entry to the apartment. As was customary in those days, Agents on the squad put together a quick arrest plan for the entry and covering the back of the multi-unit building. 

Johnnie L. Oliver, originally from Illinois, began his FBI career as a file clerk at FBIHQ and after serving two years in the Army in South Korea returned to headquarters where he worked as a budget analyst while earning a Bachelor’s degree in business. He also met a coworker who he later married. Johnnie became an agent in July 1971 spending his first three years in Philadelphia and then assigned to the Cleveland office working criminal matters and becoming a member of the SWAT team. Johnnie was well liked and gregarious with an infectious sense of humor.

Johnnie and two other agents hid next to the front door of the apartment as the ex-boyfriend, using the money pretext, tried to get someone to answer.

The plan worked and as the door opened Johnnie, armed with a twelve-gauge, was the first one in. The entering agents yelled  “FBI” loudly enough for even the neighbors to hear them. Johnnie worked his way down a hallway into a back bedroom where he confronted Melvin Guyon who was holding a .32 caliber revolver and his infant as a shield. It is only speculation that Johnnie, a father of three, may have hesitated for an instant because of the child, but Guyon fired first, fatally striking Johnnie in the chest. As Johnnie fell, the shotgun discharged into the ceiling. Guyon aimed at a second agent but the gun misfired as he crashed through a small window. The second agent fired five rounds narrowly missing Guyon and one more as he escaped into the apartment complex unseen by the agents in the back of the long building. Guyon’s stomach was badly cut from the broken window.

Guyon made the eighteen blocks to another brother’s house where he patched his stomach wound, changed clothes and told his sister-in-law that “I shot the FBI and he shot at me.” On a bicycle, Guyon rode seventy-five miles East.

By the time Guyon reached Youngstown, Ohio he had already become the 368^thfugitive added to the FBI’s Ten Most Wanted list. A massive investigation began with agents from Cleveland and other Divisions conducting numerous interviews and writing affidavits for arrest and search warrants and emergency orders for Title III’s and pen registers.  

By this time tragic events were already unfolding 2300 miles away. 

Maloney wrote three suicide notes, one each to his estranged wife, his family and friends. His intentions in the first one were unmistakable, “I will attempt to attack some carefully selected representative of this beast that we call a government…at least I’ll try to strike a blow before I leave.” This letter also said that he wanted his (illegitimate) son “…to be a strong man and a righteous revolutionary fighter.” The letter ended with a quote from the communist revolutionary, Che Guevara. The other two letters were childish drivel with parochial instructions. Maloney had no intention of going to prison or returning alive. 

Maloney dropped off flowers for the women where he worked and then parked in the lot adjacent to the KXO building. He made his way to the stairs with a twelve-gauge shotgun hidden in a garment bag, a .38 caliber revolver in his waistband covered by an untucked shirt and a .25 semi-automatic in his pocket. Found later in Maloney’s wallet was a note reading, “people to contact.”

Bob and Chuck arrived at the RA by 8:00am and both had been on a few telephone calls when at around 9:00am there was a call from a Yuma RA Agent wanting to speak with Bob about a case. At about the same time there was a knock at the door; the expected appointment made by Maloney for Bob to help with his FOIPA request.

As Bob opened the door he lunged at the barrel of the shotgun as a violent struggle began. The shotgun discharged into the wall as Bob forced Maloney into the hallway attempting to wrestle the weapon away. The fight was so fierce that the weapon’s stock broke in half. Chuck, still at his desk reached into his briefcase and retrieved his .357 as two shots rang out. Maloney, with Bob on top of him, reached for the .38 and fatally shot Bob twice in the chest. Chuck engaged Maloney in the doorway but was also fatally wounded, although he was able to shoot Maloney once in the chest. The carnage in the hallway was devastating and lasted only seconds. Maloney—dying—took the coward’s way out and used the last bullet on himself.

The first person to know what happened was a terrified secretary from the insurance company down the hall from the RA. She heard shots and yelling and called the El Centro Police. The caller hid under her desk and was so distraught the dispatcher first thought it may have been a bank robbery in progress but quickly put out an alert that shots were fired in the KXO building.

The first officer on the scene was an El Centro detective, as horrified as he was, it was only worse because he personally knew the two fallen Agents. The building was secured as Agents from San Diego as well as the Agent from Yuma made their way to El Centro.

Back in Cleveland Johnnie’s body was being placed into an ambulance to the taunting of denigrating epithets and clapping and cheers from local residents.

By August 16^thelectronic surveillance had identified Guyon using one of two outside pay phones in the vicinity of Oak Hills and Falls Road in Youngstown. Agents from the Youngstown RA and Cleveland Office established a surveillance of the phone booths and a residence in the predominately black area of town. At approximately 9:00pm Guyon was believed to be seen exiting a bar and entering a phone booth on the corner. Back in the office a pen register alerted on that number. In order to confirm it was Guyon a black male and female agent walked down the street and confirmed it was in fact him. 

The signal was given. The plan was for a surveillance van to approach the phone booth and pin Guyon inside, but the phone booth was hit a little too hard and Guyon was able to escape again, running through a ravine and wooded back yards. Agents saw that he was reaching in his pocket and fired several shots as he fled. With agents not far behind and running as fast as he could in the dark, Guyon thought he had been shot in the face. His legs knocked out from under him as he crashed to the ground only to realize he had run full tilt into a low hanging branch. Guyon was badly injured, dislocating his jaw with a cut nearly from his mouth to his ear and the stomach wound open and bleeding again. Now very weak and knowing that agents were closing in he made his way to a local hospital where he was arrested and later held on a $1,000,000 bond. In the hospital, in a classic FBI moment, the Cleveland Special Agent in Charge said, “Melvin Guyon, you’re under arrest for the murder of Agent Johnnie Oliver.”

The Maloney investigation was soon resolved: a deranged and troubled fringe personality who acted alone.

Guyon testified at his own trial for the murder of Agent Oliver and senselessly claimed self-defense that the ex-boyfriend had hired some white guy to get him; “He shot at me so I shot at him.” Guyon was convicted and sentenced to life in prison. Guyon was later convicted of the Chicago rape and sentenced to 45-year terms on each count to run consecutive to the life sentence. *

           Services were held in both San Diego and Cleveland and on August 27^th a memorial service was held at FBI Headquarters in Washington D.C. attended by Director Webster, hundreds of FBI employees and members of the agents’ families.

“In the Spirit…

Ed Woods

* In every major case there are always ironies. As of August 2019 Melvin Guyon and Leonard Peltier, (serving consecutive life sentences for the brutal murders of Special Agents Jack Coler and Ron Williams), are located in the same prison facility, USP Coleman, Florida. Although Peltier did not testify at his own trial, his attorneys claimed self-defense as well. www.noparolepeltier.com

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 8^thCircuit 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 10^th 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 evidence, taken 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 43^rdyear 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:

1) http://www.noparolepeltier.com/997.html

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.”(8^thCircuit; 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)

3) http://www.noparolepeltier.com/585.html

4) Peltier ‘shot’ and transfer:

http://wwwnoparolepeltiercom-justice.blogspot.com/2011/08/

http://wwwnoparolepeltiercom-justice.blogspot.com/2011/09/

5) Mr. X the lie: http://www.noparolepeltier.com/lie.html

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.

http://wwwnoparolepeltiercom-justice.blogspot.com/2014/12/peltier-we-will-too.html

8) From participating…http://wwwnoparolepeltiercom-justice.blogspot.com/2017/01/peltier-another-admission.htmlSee this blog for a full explanation. 

SA RONALD A. WILLIAMS; July 30, 1947; Rest in Peace

Dear Supporters:

Today, Ron would have celebrated his seventy-first birthday.

All those in the FBI and law enforcement remember when their comrades were killed in the line of duty performing their sworn commitments to uphold the law and protect the citizenry.

Over time, as generations age and move on to other careers and eventually retire, sometimes these events are relegated so far in the past that they may be nearly forgotten except for local or national memorial services where they are collectively remembered.

The loss and memories often tend to only affect remaining family members, those who worked or shared a close friendship, and those who had the responsibility of ensuring the guilty were brought to justice.

To a large degree the perpetrators of line-of-duty-deaths are thankfully long gone and forgotten. In rare cases though, there remains a constant distortion and disquieting reminder of the event that prompts the need to ensure that the facts and truth are widely repeated.

Ron was a handsome, vibrant, personable and capable young agent, single at the time but certainly would have married and had a family. By now, well into the final stage of his life, he likely would have looked back on many exciting and challenging events from a career or two while spending as much time as possible with his grandchildren. That opportunity was violently stolen from him.

Ron—and his partner Jack Coler—will never be forgotten.

Keep watching over us brother.

“In the Spirit of Coler and Williams”

Ed Woods

PELTIER: THE HEANEY FACTOR

Dear Supporters:

In the roll top desk in my study is an 8x10 color photograph.

It’s been there a long time.

I don’t need it on display but I do look at it from time to time as I read, research and write.

The photo is graphic and disturbing, a tragic moment frozen in time on June 26, 1975.

Two young men, one shirtless, lying face down in the grass next to a bullet riddled gold Chevrolet. (Footnote 1)

I never knew FBI Special Agents Jack R. Coler or Ronald A. Williams, and it wouldn’t matter if I had.

Reflecting back over the past 17 ½ years and all the countless hours spent on Peltier issues, there seems to be one central point during the lengthy process of his appeals that serves as the lynchpin of Peltier’s “otherwise notoriously convoluted procedural history” through the criminal justice system. (Fn: 2)

Even more than all the government’s evidence against Peltier, the Honorable Gerald Heaney (1918 – 2010) of the Eighth Circuit Court of Appeals (an unquestioned example of America’s Greatest Generation) undeniably played the most critical role in the fact that Peltier remains incarcerated to this day. (Fn: 3)

Judge Heaney was both lauded and reviled by Peltier and Peltierites depending on which position served their purpose at the moment.

The attack

Over the years Peltier has had numerous competent attorneys (many paid for by the largesse of the American taxpayer, others pro bono and an unknown number paid for by funds—the source of which remains under scrutiny) but there are a few exceptions, this being one of them:

In November 2001, Peltier’s then attorney filed an appeal to the Eighth Circuit Court of Appeals (of which Judge Heaney was a member), citing Rule 35, a “renewed motion to remove or reduce his sentence.” The motion, which included several other claims, was denied in 2002 because it was filed “…twenty-two years after the 120-day filing period had expired.” During that 22 years Peltier had already had opportunities under Federal Rules 35 and 2255 that had been previously considered and denied. The unanimous court decision (Judges Magnusson, Arnold and Heaney) reviewed prior appellate history and included this most salient of all facts:

The record as a whole leaves no doubt that the jury accepted the government’s theory that Peltier had personally killed the two agents, after they were seriously wounded, by shooting them at point blank range with an AR-15 rifle.

Peltier's attorney publicly and angrily 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," adding, "They're inclined to let him rot in prison." (Fn:  4)  

This attorney wasn’t insightful enough to see the foolishness of his public pronouncement, let alone his own flawed logic. The reality was that all three judges were—in fact—in a position of “responsibility and authority” and that should have been patently evident, the most important and relevant one—to Peltier—being Judge Heaney.

From the outset Peltier has fashioned and promoted himself as a political prisoner.

Peltier claims a vast conspiracy among the government, FBI and the courts “in a corrupted pre-planned trial,” those in government who are “blind, stupid, or without human feelings,” that the “white racist America is the criminal,” accusing the presiding judge as  “a high-ranking member of the white racist American establishment.” (Fn: 5)  Peltier claims to have “became a scapegoat” and “was the last Indian left to railroad for the deaths of their two agents.” (Fn: 6) 

It should be unmistakably apparent; there are no grey areas in Peltier’s public statements.

There is no other way to interpret Peltier’s decades-long conspiracy theory, but that by implication, it must also include the Honorable Judge Gerald Heaney.

The praise

Judge Heaney obviously held a deep concern for the treatment and plight of Native Americans and in 1991 wrote an impassioned letter to U.S. Senator Daniel Inouye (another WWII hero), who was then on the Select Committee on Indian Affairs.  Judge Heaney set out some details asking for consideration for clemency by President George H.W. Bush, stating in part, that the U.S. government must share the responsibility for the agents’ deaths and that “At some point , a healing process must begin. We as a nation must treat Native Americans more fairly.” (See below for details.)  (Fn: 7)

Peltier, Peltierites and the various “defense committees” over the years have vigorously promoted this letter to support bids for parole, clemency, commutation, and Peltier’s claimed innocence.

The reality

 (Brief background: Peltier was convicted and sentenced in U.S. District Court, Fargo, North Dakota in 1977. Under the Freedom of Information Act Peltier subsequently received, among other documents, an October 2, 1975 FBI Teletype concerning ballistic testing related to a .223 shell casing (located in the trunk of Agent Coler’s vehicle) and the Wichita AR-15 related to Peltier. In 1982, under Rule 2255, Peltier moved for a new trial claiming that this new evidence was deliberately withheld and violated his constitutional right to due process based on the U.S. Supreme Court decision, Brady v. Maryland.  The Government’s position was that the Teletype was not in violation of Brady. The District Court agreed and denied the motion for a new trial. Peltier appealed to the Eighth Circuit Court of Appeals and that court [Judge Heaney] remanded the matter back to the District Court for an evidentiary hearing [ballistics hearing] on the meaning of the October 2^, 1975 Teletype. In October 1984 a three-day hearing was held and the District Court affirmed that the Teletype was considered preliminary information, which the prosecution had no obligation to disclose, thus denying Peltier’s Rule 2255 motion. Peltier appealed this denial again to the Eighth Circuit. That court [Judge Heaney] ruled against Peltier based on Brady and U.S. v. Bagley. See details below.)

In 1991 Judge Heaney appeared on a pitifully unbalanced 60 Minutes segment hosted by Steve Kroft where Judge Heaney, Peltier and others were interviewed. The program was nothing more than a Peltier folklore propaganda piece taken straight from the Peltier playbook. The errors in this program would take many pages to explain. (Fn: 8) 

Kroft asked Judge Heaney the proverbial $64 question:

“Do you believe he got a fair trial? 

Judge Heaney’s unscripted reply, seemingly to Kroft’s surprise (as if he was expecting a blockbuster moment):

“I believe he got a fair trial, not a perfect trial, but a fair trial.”

(Anyone in law enforcement and the criminal justice system knows that perfect trials are as rare as unicorns.)

The Heaney letter:

Although Judge Heaney did make his personal feelings known supporting Peltier’s bid for clemency it must be made very clear that he never implied in any way that Peltier was innocent. Quite the contrary, Judge Heaney’s letter included:

            --“No new evidence has been called to my attention which would cause me to change the conclusion reached in that case.” (Clearly implying that Peltier was, and remains, guilty.)

            --“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 it is a mitigating circumstance.”  (In other words, sharing the blame does not lessen Peltier’s guilt.)

The Heaney decisions:

In the appellate decision of the evidentiary (ballistics) hearing, authored by Judge Heaney, we find the following: (Fn: 9)

            --We then held that the evidence was sufficient for the jury to find Peltier responsible for the murders.

            --Constitutional error occurs, and the conviction must be reversed, only if the evidence is material in the sense that its suppression undermines confidence in the outcome of the trial.

            --When all is said and done, however, a few simple but very important facts remain. The casing introduced into evidence had in fact been extracted from the Wichita AR-15. This point was not disputed; although the defense had its own ballistics expert, it offered no contrary evidence.

            This comment is so crucial it bears repeating:

--When all is said and done, however, a few simple but very important facts remain. The casing introduced into evidence had in fact been extracted from the Wichita AR-15. This point was not disputed; although the defense had its own ballistics expert, it offered no contrary evidence.

--There is a possibility that the jury would have acquitted Leonard Peltier had the records and data improperly withheld from the defense been available to him in order to better exploit and reinforce the inconsistencies casting strong doubts on the government’s case. Yet, we are bound by the Bagley test requiring that we be convinced, from a review of the entire record, that had the data and records withheld been made available, the jury probably would have reached a different result. We have not been so convinced. 

(In other words, contrary to Peltier’s persistent claims over the years that he lost this decision on a technicality, it is clear that the decision was made based on a finding of fact, the entire court record, and the law. It appears that it may have been a tough decision but nonetheless Judges Heaney, Ross and Gibson agreed. It was unanimous with no dissenting opinion.)

Postscript

With all due respect to the late Judge Heaney, much of his passion was misplaced.

Heaney claimed that the government over-reacted during the American Indian Movement (AIM) takeover of the hamlet of Wounded Knee in 1973. Instead of carefully considering the legitimate grievances of the Native Americans, the response was essentially a military one which culminated in the deadly firefight on June 26, 1975. While the government’s role in escalating the conflict into a firefight cannot serve as a legal justification for the killing of the FBI agents at short range, it can properly be considered as a mitigating circumstance. Leonard Peltier was tried, found guilty, and sentenced. He has now served more than fourteen years in the federal penitentiary.

Really?  Mitigating circumstance? Does this imply that killing the Agents at long-range, would have made a difference, or that serving only seven years for each brutal murder is a sufficient sentence? The personal opinion and passion in the language seems to imply as much.

Referring to the brutal murder of Special Agents Coler and Williams as a “firefight” denigrates the memory and sacrifice of two young men who were performing their lawful duties. We know there was no “firefight” because an eyewitness (Agent Williams) described over the radio that those they followed into a field off Highway 18 were about to take them under fire. This was an unprovoked attack, joined in by a number of other AIM cowards unloading a barrage of rifle fire in a deadly crossfire on the Agents trapped in an open field.  There was no escalation, as Heaney asserts, by the government on June 26^th but an onslaught of murderous and cowardly AIM assailants.  

Heaney erred by compressing the timeline between AIM’s utter destruction of personal property and artifacts and the terrorizing of residents at Wounded Knee in 1973 and the Agents’ murders at Jumping Bull over two years later.

In referencing “legitimate grievances” of Native Americans, Judge Heaney picked the wrong gang to endorse. AIM wreaked havoc across the country. The self-serving leadership of the likes of Russell Means, Dennis Banks and the Bellecourts proved, over time, that AIM contributed nothing of value to Native America.  AIM’s history is anathema to Native American concerns. It may have brought Native issues to the forefront, but did so along a destructive path. If there is any doubt, ask the family of Perry Ray Robinson, murdered by AIM during the Wounded Knee takeover (along with the many rumors that there are more AIM victims buried in unmarked graves), or the daughters of Anna Mae Aquash, the Native activist who had the misfortune to be interrogated at gunpoint by Leonard Peltier. Anna Mae, on orders from AIM hierarchy was kidnapped, raped, shot in the head and dumped in a ravine. Ask Anna Mae’s daughters what they think about Leonard Peltier and AIM. (Fn: 10)

Judge Heaney’s letter, dated April 18, 1991 claimed that the FBI used improper tactics in securing Peltier’s extradition from Canada.

This was a hotly debated issue publicly, and in the courts (particularly over the Myrtle Poor Bear affidavits). However, the Canadian government fully reviewed the proceedings and in 1999 stated as a matter of public record that Peltier was lawfully extradited and that the circumstantial evidence…taken alone, constituted sufficient evidence to justify Mr. Peltier’s committal on the two murder charges. (Fn: 11) Judge Heaney was in senior status at the time and still hearing cases when the Canadian government published its conclusion in a detailed letter to U.S. Attorney General Janet Reno. However, there is no indication that Judge Heaney attempted to correct his erroneous conclusion on Peltier’s extradition.

Heaney’s letter and private opinions, as a sitting senior federal judge, were intended to influence consideration for clemency by the President. It offered a personal bias that perhaps was clouded by strong feelings about the historical mistreatment of First Americans. He spoke of “legitimate” Native American grievances while ignoring the turmoil and destruction caused by AIM. Judge Heaney did not recognize that any “healing” could not begin with the likes of the murderous Leonard Peltier and that Peltier should only be treated as “fairly” as he treated Jack Coler and Ron Williams.

Nonetheless, Gerald Heaney set aside those personal beliefs when it came to fulfilling his obligation as a judge. He then acted as the outstanding and dedicated jurist he was and ruled against Peltier based on the law. The result of which is the sole reason why Peltier remains where he belongs.

“In the Spirit of Coler and Williams”

Ed Woods

Footnotes

1) It is undisputed that Agents’ Coler and Williams (Ron with a defensive wound) were both shot in the face at point-blank range, killing them instantly. Yet, when responding FBI Agents and law enforcement discovered them, their lifeless bodies were obviously rolled over to face the ground. It is not known who among the AIM cowards moved the mutilated agents’ bodies, one, or maybe all. In Indian folklore counting coup was when a vanquished enemy was touched. Being rolled over to face Mother Earth also ensured that the dead would not meet the Creator in the afterlife. After an unprovoked attack and brutal murders the spineless AIM antagonists could hardly—as Peltier has claimed of those who were there that day—call themselves warriors.

2) U.S. District Court, District of North Dakota; Memorandum and Order, U.S. v. Peltier, C77-3003, filed February 25, 2002.

3) Gerald Heaney was 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 used his legal talents in a safe stateside, or behind the front lines, assignment. Instead, he enlisted as a private and then sought a U.S. Army commission and became a young infantry officer and Ranger, participating in the D-Day invasion (earning a Silver Star) along with several significant battles through the end of war in Europe. His courage can be neither denied nor ignored. (This writer proudly shares a small part of Judge Heaney's background, having also graduated from the United States Army, Infantry Officer’s Candidate School, Ft. Benning, Georgia, although twenty-four years and several conflicts later.) Judge Heaney was 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.

Gerald Heaney was appointed by President Lyndon Johnson to fill a new seat on the Eighth District Court of Appeals in 1966, went into senior status in 1988 and then served part-time until 2006. Along with two other appointments, President Johnson effectively altered the balance of the court. Judge Heaney was more likely to support claims for civil liberties and engage in an activist judiciary. He was more likely to write dissenting opinions and authored many of the court’s decisions, as he did in the Peltier case.

4)  http://www.noparolepeltier.com/duluthnews.html

http://www.noparolepeltier.com/debate.html#birthday (see last section)

5) Peter Matthiessen, In the Spirit of Crazy Horse (New York: Penguin Books, 1991 361-365.

6) Leonard Peltier, Prison Writings (New York: St. Martin’s Press, 1999) 140, 162 and Part IV.

7) Judge Heaney letter to Senator Inouye: http://www.noparolepeltier.com/heaney.html. https://www.whoisleonardpeltier.info, In Peltier’s website, under “resources” and “legal” there is a reference to Judge Heaney’s letter, however, this letter, along with references from other claimed resources, cannot be accessed to read.

8) 60 Minutes, hosted by Steve Kroft: http://www.dailymotion.com/video/xc9ofu

There are so many factual errors that today this broadcast would be considered fake news. Skewed details and factual inaccuracies are prevalent throughout the program. Just one of many glaring errors is Kroft referring to Peltier’s AR-15 while showing a photo of a hunting rifle. Critically, in this segment Peltier makes his first public admission that he fired at the agents, “Yes, I fired at them.” This was in 1991, yet in Peltier’s 1999 (Yes, eight years later) autobiography, Prison Writings, he said “I fired off a few shots above their heads, not trying to hit anything or anyone, just to show that we had some kind of defense so they didn’t just roll in and slaughter us.”

(p. 125) It’s always easy to keep the facts straight when telling the truth but Peltier has changed his version of what happened that day so many times that it’s tough to keep the lies straight, causing an everlasting stink. Apparently Peltier forgot what he told Kroft. The segment includes a cameo of the fictional Mr. X with Peltier offering another explanation about why he couldn’t talk about that person or what he allegedly did. Yet, in Prison Writings Peltier makes no mention of Mr. X or the infamous red pickup. Wonder why? There is a pattern here.

9) 1986 Eighth Circuit Hearing decision:

http://www.noparolepeltier.com/800.html

10) http://www.americanindianmafia.com

Joseph & John Trimbach, American Indian Mafia (Denver: Outskirts Press, Inc. 2008)

https://www.youtube.com/watch?v=sc2pz1C5bQ4 Gun in her mouth.

http://jfamr.org/denise_interview.html Denise Pictou-Maloney

https://www.cbsnews.com/news/fbi-confirms-activist-ray-robinson-was-killed-during-1973-occupation-of-wounded-knee/

11) Canadian letter re Peltier extradition:

http://www.noparolepeltier.com/canadaletter.html