MR. PRESIDENT; No Clemency for Leonard Peltier

 Dear President Obama:

Congratulations on your re-election and inauguration for your second term.

At some point during the next four years you may contemplate a clemency application from Leonard Peltier who will be asking for a commutation of his sentence.

As a citizen, veteran, and someone who admittedly has a vested interest in the outcome, and has followed the Peltier matter very closely since April 2000, I would offer the following for your consideration:

The Crime:

On June 26, 1975 on the Pine Ridge Indian Reservation in South Dakota, while searching for a fugitive named Jimmy Eagle, FBI Agents Jack Coler and Ron Williams (driving in separate late model government vehicles), were taken under fire by Leonard Peltier and other members of the American Indian Movement (AIM). It was an unprovoked attack pinning both agents in a crossfire in an open field on the Jumping Bull farm. They were both mortally wounded. Then, according to trial testimony, evidence, and the government’s theory of the case accepted by the jury, Leonard Peltier summarily executed both agents with point-blank shots, destroying their faces. Their bodies were then moved (rolled over to face the ground), and their weapons stolen. Peltier and the others escaped; Peltier fleeing to Canada after a confrontation with an Oregon State Trooper. Peltier was extradited and convicted of murder and aiding and abetting in the murders of Coler and Williams and received two consecutive life sentences. His latest parole was denied in 2009 and extended to 2024. Parole is not a consideration at this time, only the possibility of clemency. (Footnote #1)

Motive and opportunity:

Motive: Aside from Peltier’s destructive and criminal activity while participating in several AIM anti-government actions, at the time of the Pine Ridge killings Peltier had absconded from bail for the attempted murder of an off-duty Milwaukee police officer. Peltier was later acquitted of that charge, however, a federal unlawful flight to avoid prosecution warrant had also been issued. Peltier knew he was a wanted fugitive at that time.

            “Peltier had reason to believe that the agents (Coler and Williams) were looking for him, rather than Jimmy Eagle. He (Peltier) stipulated at trial that there was an arrest warrant outstanding, charging him with attempted murder. Upon his arrest in Canada months later for the murders of the agents, Peltier remarked that the two agents were shot when they came to arrest him. He also made other incriminating statements” (U.S. court of Appeals, Eighth Circuit, 585 F.2d 314, 1978, U.S. Ap. Decision, September 14, 1978, Decided. p. 2)

Opportunity: After the agents were severely wounded, Coler’s arm nearly severed by a rifle bullet, and Williams wounded three times, Ron Williams took off his shirt and waived it as a white flag of surrender, to no avail, and crawled to his probably unconscious partner and used the shirt as a tourniquet around Coler’s mangled arm. Williams then waited for help to arrive (he had been broadcasting on the FBI radio for assistance before he was initially wounded), but then, according to testimony, Peltier and two others approached the severely wounded agents. Peltier had a choice to make, knowing that at least one of the wounded agents saw him and the others—and knowing that dead men make poor witnesses—both agents were shot in the face; Coler through the top of his head and then his jaw blown away, and Williams, who had raised his hand in defense, had his fingers blown through the back of his head: A cowardly and gruesome act indeed.

Peltier, or one of the others, then turned the mutilated bodies over to face the ground (in a gesture Peltier will have to explain, but has roots in Native American culture; that a vanquished enemy turned to face Mother Earth, will not meet his Creator in the afterlife). They then proceeded to ransack the vehicles and steal the agent’s weapons. This is what is known; a direct quote, beyond the trial record, from Peltier himself:

“I seen Joe (Stuntz) when he pulled it out of the trunk and I looked at him when he put it on, and he gave me a smile.” (Fn #2)  

This is the scene; two dead human beings, federal agents, with their faces mutilated, surrounded by Peltier and other AIM members stealing their weapons, and one of them, Joe Stuntz, reaches into Agent Coler’s trunk, takes out the dead agent’s FBI raid jacket, puts it on, and gives Peltier a smile. The humor of Stunt’s grin at Peltier would be lost on any reasonable human being.

Conviction, Sentence and Appeals:

The fundamental facts of Peltier’s trial and conviction are self-evident and have withstood over three decades of intense scrutiny and review, several times through the court of appeals and twice reaching the U.S. Supreme Court. Peltier’s conviction and sentence have never been overturned.

Peltier claims there were “many Constitutional violations” in his case, the fact remains, there were none; otherwise, this would not be an issue today.

As for Peltier’s legal guilt, the Eighth Circuit Court of Appeals made it patently clear:

“…the direct and circumstantial evidence of Peltier’s guilt is strong…” (U.S. court of Appeals, Eighth Circuit, 585 F.2d 314, 1978, U.S. Ap. Decision, September 14, 1978, Decided. p. 10)

Peltier was also later convicted for another serious felony (see below), (Fn 3).

Multiple discredited alibis:

If Peltier is innocent as he claims, his version of what happened that June day should have remained consistent over the years. Instead, he has offered a number of outrageous and unsubstantiated alibis. All these have been based on his premise that “I was the last Indian left to be railroaded for the deaths of their agents,” and that he is a “scapegoat” and a “political prisoner.” (Fn #4)   

For the better part of two decades he claimed (both in writing and in a personal appearance in a film; Incident at Oglala) that someone the AIM members knew, but would not identify (“Mr. X”), was delivering dynamite to the AIM camp that morning and was the one who first engaged and then executed the agents (Fn #5). This fabrication was later publicly denounced by one of the key AIM members at Jumping Bull that brutal day (Dino Butler) and most recently repudiated by one of his own attorneys (Michael Kuzma). (Fn #6)  

Peltier also claimed that the incident at Jumping Bull was a pre-planned government raid and that the agents were sent in to draw fire from the AIM members in the camp as “…scores, even hundreds, of FBI agents, federal marshals, BIA police, and GOONS, were all lying in wait in the immediate vicinity…”  “…(to) pounce on the compound with massive force.” (Fn #7) This amounts to a totally outrageous, fabricated and unsubstantiated allegation in light of all the evidence presented against Peltier and years of judicial review.

Further, relating to a 1975 AIM inspired murder, at a trial in South Dakota in 2004 an AIM member, (one of those who escaped from Pine Ridge after the murders), testified under oath that Peltier described the murders of the agents (regarding Agent Williams) stating:

 “...the m----------r was begging for his life but I shot him anyway.” (FN #8)

Peltier’s claims of innocence are weightless and embarrassingly devoid of substance.

Finances, the I.R.S. and alleged charitable activities:

For many years, and through two specific periods of time, Peltier has claimed that donations to his Leonard Peltier Defense Offense Committee-LPDOC (and formerly the Leonard Peltier Defense Committee-LPDC) were tax deductible and claimed 501(c)3 status as a non-profit, tax-exempt charity.

Peltier’s organization, a mechanism designed to collect donations, has also operated as a self-described (and illegal) Political Action Committee.

A review of I.R.S. records by the Pardon Attorney’s office will show, at a minimum, a series of letters of complaint about Peltier’s illegal and illicit fundraising activities and apparent actions taken by the I.R.S. to curtail those unlawful actions, because, Peltier has finally stopped making those claims.

Admittedly, Peltier is under no legal obligation to disclose the sources of the donations he receives or where any of the money went, however, by making himself a public figure as he has done, (and his constant barrage of pleas for funds), no accounting has ever been made. People in his own organization have called for transparency regarding his financial activities which have remained a closely guarded Peltier secret for many years. The point is, no one knows how much he has duped from gullible or well-meaning supporters or how that money has been spent.

During his trial (and along with the added great expense of daily transcripts) and throughout his appeals, his many attorneys were paid for at taxpayer expense. Since then his attorneys have acted pro-bono.

Charities and awards: Peltier has claimed to be responsible for many charitable activities that are conducted in his name and has allegedly received many valuable awards and recognition from various organizations. The truth is, however, little of his claims hold up to any scrutiny. For further details, please see the editorial essay entitled, Peltier Donations, Scam? Fraud? (Fn #9)

Prison record and armed escape:

Peltier’s prison record has been marginal at best, having been relegated to solitary confinement on a number of occasions for prison violations. This record is readily available to your office through the U.S. Bureau of Prisons.

In 1979 Peltier was involved in an armed escape from Lompoc Federal Penitentiary during which shots were fired at prison guards and one of the escapees was killed. Peltier was captured, convicted and received an additional seven-year consecutive sentence for this crime.

            Peltier’s justification for the escape was an alleged government conspiracy to “assassinate” him. (Fn #10)

Myth & Folklore:

Peltier has been somewhat successful in making himself into a victim and martyr. He has accomplished this by denigrating an otherwise proud Native American heritage by portraying himself as a brave warrior, who, in some perverse way, was defending his people with the cold-blooded, in-the-line-of-duty murder of two federal agents.

Peltier has consistently fabricated the factual record of his case; the actual record is available, unfiltered, through numerous court decisions. (Fn #11)

Peltier’s frequent post-conviction public statements only serve to further reinforce the courts’ decisions and his actual (moral) guilt. He has accepted absolutely no personal responsibility for the deaths of the agents (without preliminary excuses) and has persisted in trying to have it both ways; on the one hand that he is innocent, and on the other that there has been an elaborate governmental conspiracy by the FBI, Department of Justice, etc., and at every level of federal court that has reviewed his case.

Many of those who support Peltier do so out of a genuine concern for Native American history and rights, but regretfully very few have taken the time and effort to review the complete record or evaluate Peltier’s many alleged alibis and contradictory statements.

The myth and folklore surrounding Peltier has become legend but is devoid of the actual event and facts. (Fn #12)

Any thought of healing:

A free Peltier would do nothing to heal...the fact remains that the overwhelming majority of Native Americans do not support Peltier and have recognized that Peltier’s murderous actions, and those of AIM, contributed nothing to the healing process.

Rehabilitation; Not even close...a distant fallacy:

A critical element in consideration for clemency would certainly include the matter of rehabilitation. In order to unmistakably establish that the past thirty-six years of incarceration has not contributed in any manner to Peltier’s rehabilitation, your attention is drawn to this most telling public statement made by Peltier on February 6, 2010 (on the 34^th anniversary of his arrest in Canada):

“I never thought my commitment would mean sacrificing like this, but I was willing to do so nonetheless. And really, if necessary, I’d do it all over again, because it was the right thing to do.” (Fn #13)

* * *

Yes, Mr. President, the cold-blooded murderer of two mortally wounded FBI agents, who will seek compassion from you and to be set free, actually said he would “do it all over again, because it was the right thing to do.”

Peltier has demonstrated a total disregard for the law and the sanctity of life, remains remorseless for his crimes, feigns innocence while fabricating alibis, blaming the entire government and court system for a global conspiracy, has shunned any semblance of rehabilitation, scammed an untold number of people for a fictitious cause based on fabrications and folklore, and denigrated an otherwise proud heritage for his own personal self-serving narcissism.

Of all the applications you may be called upon to consider, Leonard Peltier is the least deserving. His freedom would be an affront to every man and woman in this country who willingly place themselves in harms way to protect and serve the citizens of this nation against criminal elements.

Sincerely,

 “In the Spirit of Coler and Williams”

Ed Woods

Footnotes:

1) http://www.noparolepeltier.com/obama.pdf

2) Peter Matthiessen, In the Spirit of Crazy Horse (New York: Penguin Book. 1991) 552.

3) http://www.noparolepeltier.com/debate.html#concise

4) Leonard Peltier, Prison Writings (New York; St. Martin’s Press, 1999) 162-163. 140.

5) Incident at Oglala, the Leonard Peltier Story, dir. Michaet Apted, Prod. Robert Redford. (Carolco films 1988) Miramax Films release, 1992.

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

7) Peltier, p. 113-114, 127, 129.

8) Press Release, United States Attorney, District of North Dakota, (related to Peltier’s July 2009 denial of parole), August 21, 2009: In 2004 Arlo Looking cloud was tried in South Dakota for the late 1975 AIM related murder of Anna Mae Aquash. Witness Darlene Nichols testified that, in October or November of 1975, she was travelling in a motor home with Leonard Peltier, her husband, AIM leader Dennis Banks, Anna Mae Aquash, and others. On one occasion when they were in the State of Washington, Peltier admitted his involvement in the killings of the agents. Darlene Nichols testified that Leonard Peltier,  “...started talking about June 26, and he put his hand like this and started talking about the two FBI agents...he said the

m----------r was begging for his life, but I shot him anyway..”   http://www.noparolepeltier.com/usapressrelease.pdf

9) http://www.noparolepeltier.com/debate.html#fraud

10) Peltier, p.164-167

11) http://www.noparolepeltier.com/court.html

12) http://www.noparolepeltier.com/myth.html

13)  http://www.noparolepeltier.com/debate.html#confession

JACK R. COLER; 1947-1975, Rest-in-Peace

Dear Supporters: Happy New Year and...

Jack would be turning sixty-six on January 12^th, now eligible for social security and certainly have enjoyed spending Christmas with his family and grandchildren and celebrating the New Year. Jack would have been retired from the FBI and perhaps, since law-enforcement was an important part of his character, going from the L.A.P.D into the Bureau, he may have pursued another post-retirement career perhaps as a Chief of Police somewhere. Or, maybe just enjoyed a leisurely retirement, travelling, pursuing hobbies or interests and maybe charities…and of course, his family.

But all that was taken from him, along with his wife and two young sons after crossing paths at Pine Ridge with Peltier and other AIM hoods.

Sometimes Fate is the Hunter.*

A question to ask is to what extent did coincidence play in the events of June 26, 1975?

Peltier had only recently arrived at Pine Ridge at the AIM camp south of the Jumping Bull property. He had already jumped bail and knew there was an outstanding felony warrant for his arrest. Barely 48 hours earlier Jack, and Ron Williams questioned Norman Charles, but did not learn of the AIM camp or Peltier. The Bureau knew of AIM presence and activities on the Reservation, of course, but also did not know of the camp recently set up near Jumping Bull. Peltier claimed he had been eating pancakes (one dropped in the mud**) and drinking scalding hot black coffee in the camp when he allegedly heard the shooting from Jumping Bull. Only assuming for the moment that was true, if he did have breakfast that morning in the camp, before leaving in Sam Loud Hawks’ Chevrolet carry-all (a 1960s version of a suburban) for a trip to town with Joe Stuntz and Norman Charles; what if he skipped breakfast and left a little earlier? Maybe the old Chevy, which Peltier worked on to get running and used while he was on the Reservation, broke down and needed some adjustment to the carburetor or such, or if it was running on seven year old tires, it had a flat and Peltier had to change a tire.  What if Jack and Ron, having made arrangements the night before to meet the next morning, one of them was running late or there was a last minute stop that either had to make. Had any of these, or an almost infinite number of other possibilities occurred, the sequence of events that morning could have been altered and the outcome drastically different. Suppose for the moment that Ron alone first spotted the red and white suburban, raising the possibility that it might contain their fugitive, Jimmy Eagle, and observed it turn off the highway onto a dirt road leading to a small farm. Ron would not have pursued the vehicle alone. Loud Hawk’s suburban would have been lost from his sight in the rolling hills descending toward the banks of White Clay Creek. Ron certainly would have called Jack and probably other nearby agents, or on the law-enforcement radio, for BIA or Tribal police back-up, and with more support followed the same dirt road in search of the red vehicle.  The same possible scenario could have also applied had Jack been alone and spotted the suspect red vehicle. Then, had Jack and Ron, and others, searched the area and discovered, perhaps stopping at the residences and asking for any information about that vehicle, they could have discovered the AIM camp that morning.

It’s likely that nothing other than identifying those who were there, eliminating the possibility that one may have been the fugitive, Jimmy Eagle, would have occurred, and the likelihood of gunplay remote. You see, in that scenario, the odds would have been close to even. There would, no doubt, have been strong, even harsh, words exchanged, and maybe, if there was cause to suspect that one in the AIM camp was a fugitive, namely, Leonard Peltier, an arrest. Or maybe Peltier had false identification and he would have been able to get out of Pine Ridge before the Feds realized he was even around. In either case, the AIM camp would have been compromised…this intelligence information would have been now known to the FBI and other law-enforcement agencies on the Reservation and no doubt cause Peltier and the others to break camp and find another hiding place.

But, unfortunately, none of that speculation occurred and the timing, as it developed with alarming speed, led Peltier, along with Stuntz and Norman Charles to overreact and fire the first shots at the two “interlopers.” Had one link in that unfortunate second-by-second chain of events been broken that morning there likely would have been an entirely different outcome that didn’t end it tragedy.

Fate may have indeed been the hunter that day, in the form of an unrepentant and sociological stain on mankind…a killer to this day who hides in a labyrinth of lies and fabrications all the while denigrating what is otherwise a noble Native American heritage. All of Peltier’s actions and statements will be on the table for a complete examination as thoughts of commutation slip from his grasp and he serves the remainder of his rightful sentence for his criminal deeds.

Jack’s memory and sacrifice are honored, as his dedication to duty will continue to be recognized and remembered.

Rest-in Peace Jack, you are still with us and will never be forgotten.

“In the Spirit of Coler and Williams”

Ed Woods

* Ernest K. Gann. Fate is the Hunter (New York: Simon and Schuster, 1961)

** Leonard Peltier. Prison Writings (New York, St. Martin’s Press, 1999)

Although a minor point, but certainly another indication that Peltier getting his story straight has always been a challenge; he describes their (late breakfast) that morning which was the result of “The downpour that kept us up late…” And, one of the women said “Oops, I just dropped my pancake on the ground, it’s all muddy…” (p.123). So, and this part is true, there was a heavy rain and downpour the evening before and no doubt the ground was muddy. However, he describes how Coler and Williams arrived at Jumping Bull “…those two unidentified cars that came roaring unannounced in a cloud of dust and confusion and flying bullets into our compound that morning.” (p. 114) So which is it, muddy or dusty? Can’t be both. (And, again, only for the moment believing he was in the AIM camp when the shooting allegedly started, how could he describe the agent’s vehicles arriving in a cloud of dust anyway?) Peltier is incapable of keeping his own fabrications (lies) in order, and imagine the factual discrepancy, aside from the condition of the ground, “unidentified cars?” It was a matter of common knowledge on the Reservation, let alone sworn testimony, that white guys, in civilian clothes, in late model cars with antennas, were the Feds. No mystery there. That was a well-established fact at Pine Ridge, but here, fictitiously again; Peltier transforms them into “unidentified cars.” Peltier and all the others knew exactly who the two men were they shooting at in an open field. And the big lie, of course, that Coler and Williams entered Jumping bull shooting. Their firing began in self-defense when Peltier’s attack initially began…this is confirmed by Ron Williams’ own voice during his radio transmissions. The problem with fabricating stories is that inconsistencies frequently occur, as opposed to the truth, which is compatible with its environment. 

Best for the New Year

Dear Supporters:

Thank you for your continued support, and to everyone a wish for a healthy and happy New Year.

"In the Spirit of Coler and Williams"
Ed

PELTIER...the holiday and clemency

Dear Supporters:

Thank you for your continued support and all the best for a Merry Christmas, or whatever you may celebrate during the holiday season, and for a healthy and happy New Year.

This is the time of year when we try to set aside the turmoil around us and focus on positive thoughts for the holidays and hopes for better times ahead.

But sometimes that’s made more difficult when we’re reminded there is evil in the world that won’t go away.

In his December 20, 2012, “Holiday Greetings from Leonard,” Peltier mentions the horror of Newtown, Connecticut and then, as usual, segues that historically to the ghastly events of earlier Native America; Wounded Knee, Sand Creek and the Washita (and there were others he didn’t mention).

(Peltier’s gratuitous comments aside, our deepest prayers and sympathies are offered to the victims, their families and the Newtown community.)

So Peltier is equating the psychotic actions of a deranged homicidal maniac to the failures of the early government’s handling of what they considered the “Indian problem.” Yes, Manifest Destiny created a cultural abyss where many atrocities and violations of Native people’s basic human rights and broken treaties occurred. But, Peltier, and others, ignore that there was more than just a significant amount of Indian-on-Indian violence long before the white man’s arrival, and afterward. So it wasn’t all that peaceful before, when the white man’s lust for land and resources only made it much worse.

Ignoring his other irrelevant pleas, Peltier makes the expected transition to his real purpose, himself.  “You have given me hope again.” “…and hope that this will be the year that I will get to know freedom again…”

But let’s have a reality check. As always, Peltier seeks some measure of credit for appearing compassionate by even mentioning Newtown…it’s a false performance as witnessed by years of him speaking what he really means. Let’s then add one other horrific event to his counterfeit repertoire; Jumping Bull, Pine Ridge, South Dakota.

His innocence is as thin as tissue paper and he has proven his own guilt (far beyond his conviction and dozens of appeals) by his own words. Words that have been chronicled here many times and will be repeated regularly along with any other myths he may add in the coming years. (Like the one recently added by his own attorney.)

Peltier brags about the New York City concert that certainly didn’t have any significant impact with the usual suspects of those who are ignorant of the facts and blind to Peltier’s incessant crocodile tears of innocence. Claims based on a mountain of lies and fabrications; those who know the facts but don’t care because they have their own agendas; those who are clueless and think it’s a neat thing to do, in other words, along for the ride; and the abusers, those who use Peltier-the-pawn. Especially the “One Percenters,” like Michael Moore, who could give one whit about Peltier the person as long as it adds to his unsavory notoriety and red carpet dalliances. But Peltier isn’t completely stupid, from his concrete condo any publicity is good publicity, so he’ll take the good with the bad as long as it generates even one lame-brained Peltierite repeating his name. After all, that’s the goal and game he’s playing; divert them from the facts.

The reality and the prospects of commutation are even thinner than Peltier’s feigned innocence. The President will easily understand exactly what the legal history of Peltier’s case is all about and that for the last 37 years he has only reinforced what dozens of courts have already correctly concluded: Guilty as sin, “and if necessary, he’d do it again, because it was the right thing to do.” Yes, the President will really appreciate that bit of remorse and rehabilitation. Don’t believe so.

Peltier’s other major sin is his false prophet persona as a warrior for his “people,” an embarrassment to the true Native American chiefs and warriors and their proud and storied history, and a distinction that is not missed by the vast majority of Native America today. They are not fooled by Peltier’s spineless bravado. 

This makes Peltier’s actions at Jumping Bull no less heinous and obscene as those at Newtown. Both were the actions of undeniable cowards.

Admittedly this is not a cheerful holiday message. As Peltier grovels for his freedom, Jack Coler and Ron Williams’ families will endure yet another Christmas and New Year with the memory of the brutal slaying of their loved ones.

“In the Spirit of Coler and Williams”

Ed Woods

PELTIER: KUZMA Part II and CLEMENCY

Dear Supporters:

In the same blog-talk-radio interview on 11/3/12, Peltier attorney, Michael Kuzma had this to say about Peltier’s chances for clemency. (Footnote 1)

“Well if you read some of the recent articles, in fact there was, there were a couple of articles published within the past couple of weeks which indicated that President Obama has been the stingiest President since Reagan with respect to the granting of pardons and commutation of sentences, he’s actually been worse than Bush Two. Obama has been a disappointment in so many different ways. I know, David Geffen from Dreamworks was a big supporter of President Clinton and actually decided to back President Obama over Hillary Clinton because Bill Clinton didn’t commute Leonard’s sentence, you know, in spite of that support from Geffen and some of the Hollywood types. President Obama has made, you know, no indication that he’s gong to commute Leonard’s sentence any time soon.”

Peltier knows the only way he’s walking out of Coleman-1 is with a commutation of his sentence.

Based on his 2009 Lewisburg parole hearing his next hearing won’t be until July, 2024, at the age of 80, and a projected release date still many more years after that. Face it, parole is off the table.

In Kuzma’s interview he adds another insult to the President like Peltier did previously. Kuzma’s “Obama has been a disappointment in so many different ways,” was discourteous and inappropriate when they’re supposed to recognize that the President is the only one they need to convince. But, Peltier did the same thing; in another public interview when President Clinton didn’t cut him lose he said, “These politicians are such sleazebags that you just don’t know.” That was in 2000. Guess some people, or their attorneys it seems, just can’t grasp the concept of not insulting the people you most need to win over. But that’s been a brand mark of the entire Peltier campaign for decades. (Fn. 2)

As for President Clinton not granting clemency, we’ll have to leave it at this: There were several who came out publically and claimed credit for convincing President Clinton not to free Peltier (and as it turns out he was on the short list…even with some staffers at the White house Christmas party that year actually wearing “Free Peltier” buttons). But for those claiming credit it was just wishful thinking. Fact is that only three people know exactly why Peltier wasn’t released, President Clinton and two others. And the reason came down to a basic understanding that President Clinton recognized Peltier’s crimes were significant and freeing him would accomplish nothing.

The Statistics:

President Obama has pardoned twenty-two and commuted one sentence, while denying approximately one thousand others. It has been reported that President Obama takes his exclusive Constitutional authority very seriously and was troubled (as were many others, both in Washington and elsewhere) by President Clinton’s pardon of fugitive investor Marc Rich. (Fn. 3)

Of those pardoned, all had served their sentences, thirteen received sentences of only probation, and of the others who were incarcerated, averaged sentences of only 2.8 years. The shortest sentence was 30-days, and the longest, nine years, for relatively minor charges ranging from drug offenses to a liquor law violation and mutilation of coins. There were no terrorists, rapist or murderers on the President’s list. (F. 4)

The recipient of the commutation, a female, had served 10 of a 22-year sentence for selling crack cocaine, which was challenged by her attorneys based on a disparity of sentencing guidelines. She was also undergoing chemotherapy treatment for cancer. (Fn. 5)

However, if you recall, Mafia boss, John Gotti, sentenced to life in prison for murder and racketeering, died in prison from cancer. (Fn.6)

So the statistics do not bode well for any realistic chance Peltier would be considered for release and there are a number of factors the President would certainly consider in the process. And, of course, he has many more pressing concerns about the country at the moment.

More to follow….

“In the Spirit of Coler and Williams”

Ed Woods

Footnotes:

1) http://www.blogtalkradio.com/mountian-child/2012/11/14/leonard-peltiers-attorney-michael-kuzma  

2) http://www.noparolepeltier.com/speak.html

3) http://www.propublica.org/article/the-shadow-of-marc-rich

4) http://en.wikipedia.org/wiki/List_of_people_pardoned_by_Barack_Obama

5) http://www.stltoday.com/news/local/crime-and-courts/obama-commutes-sentence-of-alton-woman-in-cocaine-case/article_c30d817e-1523-11e1-8e09-0019bb30f31a.html 

6) http://articles.cnn.com/2002-06-10/us/john.gotti_1_paul-castellano-teflon-don-john-gotti?_s=PM:US 

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

PELTIER: "CROSSFIRE" LIE RETURNS...CONCERT & CLEMENCY

           

Dear Supporters:

On whoisleonardpeltier.info, under “Facts about the case,” and “The Shoot-out” is this statement:

“For unknown reasons, a shoot-out began. A family with small children was trapped in the cross fire. Throughout the ranch, people screamed that they were under attack and many of the men present hurried to return fire.”

Aside from the obvious flaws: A family caught in the crossfire?

Would it be too kind to call this statement disingenuous, or perhaps a fabrication, another nugget of myth, an element of folklore, or what it really is, a shameful lie?

There is ample proof this is not true and never happened, Yet here it is, again.

First a little history: on December 15, 2001, the NPPA challenged a statement on the former LPDC website made by (another) former Peltier attorney, Jennifer Harbury. Harbury’s erroneous statement was contained in paragraph #5 of a long list of equally feeble  allegations.

But, a review of—those often pesky—details relating to whether or not a family was caught in any kind of crossfire between the initial assault on Agents’ Coler and Williams and AIM members at Jumping Bull, can be easily disproved.

The family this refers to is Angie Long Visitor, her husband Ivis and two children.

 While washing dishes (at the Jumping Bull house) her first awareness of a problem was when she heard “firecrackers or something.” She walked out onto the bluff to have a look and saw in the distance two white men in separate vehicles; obviously lawmen, she knew, because of their new condition and the antennas. Approximately a hundred yards away from the other two vehicles Long visitor noticed a white over red Chevrolet van parked on the dirt roadway by the Y-fork. She did not see anyone around this van at that time but knew it was used by Leonard Peltier. Long Visitor said she saw three Indian males (Robideau, Stuntz, and Brown; known to her at the time as Bob, Joe and Norman), firing at the agents.

Long visitor and her family fled south along the edge of the plowed field, and then cut across toward Highway 18. On the way they met a few AIM Indians from the camp down in the woods, who were running uphill toward the houses.

Before a Federal Grand Jury, Long Visitor testified under oath that “Me and my husband and kids ran across the field and went down to the little dirt road that goes to the highway. There were a lot of cop cars going by.”

Another observation was from Norman Brown (who, in the film Incident at Oglala, describes how he could have shot Agent Adams in the head, but instead shot out his tires forcing Adams and two BIA officers out of range and back onto Highway 18). Brown also saw Leonard Peltier lying down by a row of junked cars near the woods, rising up to fire, lying prone again.

The point here is that although it was a dangerous situation that morning, there was no “family with small children trapped in the cross fire.”

It’s not true, it never happened that way and you have the person involved describing what actually occurred and what she saw and did.

For a thorough review (along with maps and references) of the ”family caught in a crossfire” please see Editorial Essay #13, entitled “Paragraph #5.” http://www.noparolepeltier.com/debate.html#13

So, WhoisLeonardPeltier anyway? In reality, just another cold-blooded murderer who is entertaining himself (through his surrogates) into believing what they have invented, all the while denigrating a proud Native American history and culture. The fact remains that the vast majority of Native Americans recognize that Peltier and the American Indian Movement of the 1970s contributed nothing to the well-being and welfare of those on the Reservations. AIM contributed chaos at the least, and theft, destruction and murder at the most. Peltier’s continued claims of innocence are overturned at every corner, mostly from his own contradictions of what he allegedly claimed happened. He hopes the general public can’t read and understand the history of his case or somehow suffer from collective amnesia and fail to remember those contradictions from year to year.

Concerts:

Leonard Peltier and the LPDOC must be giddy with excitement that some popular names are holding “An evening of music and learning,” which is a great opportunity to learn about Native American culture and music, but its title to “Bring Leonard Peltier Home in 2012” will do nothing in terms of learning the facts surrounding Jumping Bull. Ticket prices range from $35 to $125. I’ll spring for one and will be there but expect to only hear the same tired rhetoric that’s been passed out for decades. The music may be worth it however. Peltier will learn that this is not…repeat not…a popularity contest and besides those who do ignore the facts and do adore him, his reputation within Native America is almost non-existent. Aside from the record of Peltier’s case, which has stood on its own through countless appeals, his own words have repeatedly convicted him again. His innocence and philanthropy is a sham. (Perhaps we should ask where some of the proceeds are going, but that’s always been another well-kept secret.) Maybe I’ll buy an extra ticket and sit next to Mr. X.

Clemency:

Peltier also hopes, and no doubt prays, that the President will somehow believe the Peltier folklore is real or that Peltier’s release will somehow heal any wounds caused to Native Americans and their history at the hands of the government. Nothing could be further from reality and the President, an attorney, certainly understands the law, the weight of the evidence against Peltier and the level of scrutiny this case has received throughout the long and detailed appellate process. As the Eighth Circuit Court of Appeals succinctly concluded “…the direct and circumstantial evidence of Peltier’s guilt is strong…”

The President will also not be impressed with Peltier’s February 6, 2010 statement that “I never thought my commitment would mean sacrificing like this, but I was willing to do so nonetheless. And really, if necessary, I’d do it all over again, because it was the right thing to do.”

Yes, Mr. President, Peltier believed it was the right thing to do; two mortally wounded federal agents who were summarily executed in the line of duty. Peltier’s release would be a stain on the service of every law enforcement officer in this country who willingly place themselves in harm’s way to protect its citizens and uphold the law. Peltier’s release would certainly denigrate a proud Native American culture that Peltier has adulterated with his incessant claims that on June 26, 1975 he did something noble for his people. Peltier is a charlatan and an unrepentant murderer who should serve the remainder of his two life sentences along with the seven consecutive years for his armed escape from Lompoc Penitentiary.

To quote Peltier’s own claims of innocence (Prison Writings, p.15):

“I state to you absolutely that, if I could have possibly have prevented what happened that day, your menfolk would not have died. I would have died myself before knowingly permitting what happened to happen. And I certainly never pulled the trigger that did it. May the Creator strike me dead this moment if I lie.”

Careful, Leonard, better watch what you wish for.

But he continues, placing his feigned sympathy into perspective. “I cannot see how my being here, torn from my own grandchildren, can possibly mend your loss. I swear to you, I am guilty only of being an Indian. That is why I am here.”

For now Peltier can bounce that myopic rhetoric off the concrete walls, and then when the time comes, offer it himself to the Creator. The Creator knows exactly what happened that day, and the myth, folklore and lies won’t pass His test.

“In the Spirit of Coler and Williams”

Ed Woods