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( Two Articles) "Peltier awaits parole decision" and "Leonard Peltier’s Parole Hearing Update"
By Gale Courey Toensing
Story Published: Aug 17, 2009
Story Updated: Aug 17, 2009
LEWSIBURG, Pa. – There’s a digital clock on the official Leonard Peltier Web site marking the time the American Indian Movement activist has been in prison.
On a recent visit to www.leonardpeltier.net the clock read “12241 days, 12 hours, 17 minutes, and 43 seconds of ILLEGAL IMPRISONMENT,” then “12241 days, 12 hours, 17 minutes, and 44 seconds of ILLEGAL IMPRISONMENT,” “12241 days, 12 hours, 17 minutes, and 45 seconds of ILLEGAL IMPRISONMENT” and so on – a constant countdown that will either end within several days or continue for an unknown period of time, perhaps years, possibly until Peltier’s life ends.
The Federal Parole Board is expected to render a decision on whether Peltier will be released from prison after serving 33 years on two murder charges by Aug. 21.
Peltier was granted his second parole hearing since 1993 July 28, and appeared before the board to plead his case. The board has 21 days to decide whether to release Peltier or deny parole and keep him in prison indefinitely.
Peltier was convicted in 1977 and given two consecutive life sentences for the murder of FBI Special Agents Jack R. Coler and Ronald A. Williams, who were killed during a shootout on the Pine Ridge Reservation in South Dakota June 26, 1975.
The 64-year-old man has maintained his innocence, but controversy over whether he committed the murders, and over the fairness of his trial persist.
Those convinced of his guilt say he shot the two agents in cold blood and deserves to stay in prison for the rest of his life.
Peltier’s supporters, which include a huge international component, say he is America’s most famous and longest serving political prisoner.
But Peltier’s attorney, Eric Seitz, said the only issue pertinent is the law and that Peltier is eligible for parole.
The events of June 26, 1975 took place against a backdrop of terror that had developed on Pine Ridge. The reservation was under internal siege at the hands of then Chairman Dick Wilson and his “GOON Squad” – the so-called Guardians of the Oglala Nation, who were supported by and collaborated with the FBI and BIA police.
The conflict has been characterized as a battle between Wilson’s secular group and traditional elders and others who were working for election reform on the reservation. More than 60 people from the traditional group had been killed in the two years before the 1975 shootout. None of those killings were investigated by local, state or federal law enforcement agencies.
By 1975 things were so bad that some of the tribe’s elders called AIM for help. A group of AIM activists, Peltier among them, responded and set up a camp on the reservation. On June 26, 1975, two FBI agents in unmarked cars came onto the reservation apparently to serve a warrant to a boy who had stolen some boots. Soon after their arrival, shots were heard and the shoot-out began.
During the battle, the FBI agents and an Indian man named Joe Stuntz were shot to death. The activists fled, anticipating that the reservation would be overrun by FBI and other law enforcement people, which was exactly what happened. In the siege that followed, elders were beaten, houses were burned, people were terrorized and a lot of gun shots were fired.
Peltier escaped to Canada where he was later captured, extradited and brought to trial. Four of the AIM activists were indicted on murder charges, but only Peltier was convicted.
Over the years and through numerous appeals, dozens of allegations and inconsistencies have come to light regarding the FBI and the prosecution’s handling of the case, including witnesses recanting testimony against Peltier and accusing the FBI of coercing and threatening them into testifying; the FBI tampering with evidence and withholding crucial evidence from the jury, including the results of a ballistics report saying the bullet casing from the crime scene did not match Peltier’s gun, and the prosecutor himself conceding during an appellate hearing that, “We do not know who shot the agents.”
There are those who believe Peltier did not shoot them, but that the AIM members had the right to defend themselves under the circumstances.
“The AIM members didn’t go there looking for a fight or seeking confrontation. They were there to protect those who were there. When our people need help our warriors are supposed to respond and help. These warriors stood up and responded. We have the right to self defense,” said Wanbli, Dakota, national spokesman for the Leonard Peltier Defense Committee.
Others, like News from Indian Country editor Paul DeMain, said, “It simply took a delegation of people who were tired of all the deceptions, lies and dangers to step forward and tell me the truth. ‘Peltier was responsible for the close range execution of the agents,’ and that was the end of that. I have no reason to doubt the group of people, and others I have since conversed with, that they are telling the truth.”
While the debate continues over Peltier’s guilt or innocence, his attorney said the parole board’s decision must be based on the law. He has served the mandatory amount of time and is eligible for parole, Seitz said.
The criteria for parole include a prisoner’s record in prison, the likelihood of returning to prison if released, post-prison plans, and whether parole would diminish the seriousness of the offense.
“The last one is really the only issue and some people think he shouldn’t be paroled because the offense was too serious, but that basically means you could never be paroled, and that’s not the law,” Seitz said.
Peltier’s plan, if released, is to return home where his tribe has arranged a place for him to live and a job teaching art. He would be surrounded by people who can support his transition to life outside of prison, Seitz said.
“Leonard is feeling very apprehensive. He’s hopeful that he gets out. His health (he’s diabetic) is not very good, so he’s concerned about that and his ability to maintain himself in an environment where he doesn’t get timely or very aggressive medical care so we hope all these things will be taken into account when they make their decision.”
Link @ http://www.indiancountrytoday.com/enews/alerts/53224292.html
------------------------------------------------------------------------------------------------------
Leonard Peltier’s Parole Hearing Update
As attorney Eric Seitz has said regarding parole, the Peltier case is one of “original jurisdiction”. That classification is the result of a number of factors–including the seriousness of the “offense,” the fact that Mr. Peltier is serving life sentences, and also because this is such a high-profile case.
Procedurally, this means the examiner made a recommendation sometime following the hearing on July 28. The application for parole was then forwarded to the regional commissioner apparently, who also reviewed the case and made a recommendation (the same as a vote, in this instance). The case was then forwarded to the four sitting executive commissioners in Washington (or Chevy Chase, MD, right outside of DC). The parole decision will be made by majority vote.
According to parole guidelines:
“Upon receipt of an original jurisdiction case, the National Commissioners, where feasible, shall process the case within 21 days. Cases shall be voted on sequentially.”
It isn’t known when the National Commissioners received the Peltier application for parole or when the 21-day clock began running. Also, generally, reference by the government of “days” means business days, not calendar days.
It isn’t known how many parole applications were received prior to Peltier’s application or if a backlog exists at the U.S. Parole Commission.
It isn’t known if all four National Commissioners are available for the review and a vote at this time. It’s August and, traditionally, Washington pretty well closes down during the month of August. Members of Congress return to their home districts for the month and they and the President generally vacation during this period. Government bureaucrats often do the same.
Our point: There are many unknowns. But this is something we DO know. There is great potential here for there to be a delay — intentional or not — with regard to the parole decision. The words “where feasible,” tell us so.
That’s why everyone has to keep up the political pressure.
We know you’ve written letters, made calls, sent e-mails. First, thank you. Thank you very much for all you do on Leonard’s behalf.
But now you have to do it again. And again. And again. Please. Do it and keeping doing it until Leonard Peltier is home with his family.
Call the White House Comment Line: 202-456-1111 or 202-456-1112;
AND
Fax a letter to the White House: 202-456-2461;
AND
E-mail the White House: http://www.whitehouse.gov/contact/.
Take all three actions every single day.
And the message?
Mr. President. Free Peltier NOW!
Again, thank you.
Link @ http://electricbrave.wordpress.com/2009/08/16/leonard-peltiers-parole-hearing-update/
Story Published: Aug 17, 2009
Story Updated: Aug 17, 2009
LEWSIBURG, Pa. – There’s a digital clock on the official Leonard Peltier Web site marking the time the American Indian Movement activist has been in prison.
On a recent visit to www.leonardpeltier.net the clock read “12241 days, 12 hours, 17 minutes, and 43 seconds of ILLEGAL IMPRISONMENT,” then “12241 days, 12 hours, 17 minutes, and 44 seconds of ILLEGAL IMPRISONMENT,” “12241 days, 12 hours, 17 minutes, and 45 seconds of ILLEGAL IMPRISONMENT” and so on – a constant countdown that will either end within several days or continue for an unknown period of time, perhaps years, possibly until Peltier’s life ends.
The Federal Parole Board is expected to render a decision on whether Peltier will be released from prison after serving 33 years on two murder charges by Aug. 21.
Peltier was granted his second parole hearing since 1993 July 28, and appeared before the board to plead his case. The board has 21 days to decide whether to release Peltier or deny parole and keep him in prison indefinitely.
Peltier was convicted in 1977 and given two consecutive life sentences for the murder of FBI Special Agents Jack R. Coler and Ronald A. Williams, who were killed during a shootout on the Pine Ridge Reservation in South Dakota June 26, 1975.
The 64-year-old man has maintained his innocence, but controversy over whether he committed the murders, and over the fairness of his trial persist.
Those convinced of his guilt say he shot the two agents in cold blood and deserves to stay in prison for the rest of his life.
Peltier’s supporters, which include a huge international component, say he is America’s most famous and longest serving political prisoner.
But Peltier’s attorney, Eric Seitz, said the only issue pertinent is the law and that Peltier is eligible for parole.
The events of June 26, 1975 took place against a backdrop of terror that had developed on Pine Ridge. The reservation was under internal siege at the hands of then Chairman Dick Wilson and his “GOON Squad” – the so-called Guardians of the Oglala Nation, who were supported by and collaborated with the FBI and BIA police.
The conflict has been characterized as a battle between Wilson’s secular group and traditional elders and others who were working for election reform on the reservation. More than 60 people from the traditional group had been killed in the two years before the 1975 shootout. None of those killings were investigated by local, state or federal law enforcement agencies.
By 1975 things were so bad that some of the tribe’s elders called AIM for help. A group of AIM activists, Peltier among them, responded and set up a camp on the reservation. On June 26, 1975, two FBI agents in unmarked cars came onto the reservation apparently to serve a warrant to a boy who had stolen some boots. Soon after their arrival, shots were heard and the shoot-out began.
During the battle, the FBI agents and an Indian man named Joe Stuntz were shot to death. The activists fled, anticipating that the reservation would be overrun by FBI and other law enforcement people, which was exactly what happened. In the siege that followed, elders were beaten, houses were burned, people were terrorized and a lot of gun shots were fired.
Peltier escaped to Canada where he was later captured, extradited and brought to trial. Four of the AIM activists were indicted on murder charges, but only Peltier was convicted.
Over the years and through numerous appeals, dozens of allegations and inconsistencies have come to light regarding the FBI and the prosecution’s handling of the case, including witnesses recanting testimony against Peltier and accusing the FBI of coercing and threatening them into testifying; the FBI tampering with evidence and withholding crucial evidence from the jury, including the results of a ballistics report saying the bullet casing from the crime scene did not match Peltier’s gun, and the prosecutor himself conceding during an appellate hearing that, “We do not know who shot the agents.”
There are those who believe Peltier did not shoot them, but that the AIM members had the right to defend themselves under the circumstances.
“The AIM members didn’t go there looking for a fight or seeking confrontation. They were there to protect those who were there. When our people need help our warriors are supposed to respond and help. These warriors stood up and responded. We have the right to self defense,” said Wanbli, Dakota, national spokesman for the Leonard Peltier Defense Committee.
Others, like News from Indian Country editor Paul DeMain, said, “It simply took a delegation of people who were tired of all the deceptions, lies and dangers to step forward and tell me the truth. ‘Peltier was responsible for the close range execution of the agents,’ and that was the end of that. I have no reason to doubt the group of people, and others I have since conversed with, that they are telling the truth.”
While the debate continues over Peltier’s guilt or innocence, his attorney said the parole board’s decision must be based on the law. He has served the mandatory amount of time and is eligible for parole, Seitz said.
The criteria for parole include a prisoner’s record in prison, the likelihood of returning to prison if released, post-prison plans, and whether parole would diminish the seriousness of the offense.
“The last one is really the only issue and some people think he shouldn’t be paroled because the offense was too serious, but that basically means you could never be paroled, and that’s not the law,” Seitz said.
Peltier’s plan, if released, is to return home where his tribe has arranged a place for him to live and a job teaching art. He would be surrounded by people who can support his transition to life outside of prison, Seitz said.
“Leonard is feeling very apprehensive. He’s hopeful that he gets out. His health (he’s diabetic) is not very good, so he’s concerned about that and his ability to maintain himself in an environment where he doesn’t get timely or very aggressive medical care so we hope all these things will be taken into account when they make their decision.”
Link @ http://www.indiancountrytoday.com/enews/alerts/53224292.html
------------------------------------------------------------------------------------------------------
Leonard Peltier’s Parole Hearing Update
As attorney Eric Seitz has said regarding parole, the Peltier case is one of “original jurisdiction”. That classification is the result of a number of factors–including the seriousness of the “offense,” the fact that Mr. Peltier is serving life sentences, and also because this is such a high-profile case.
Procedurally, this means the examiner made a recommendation sometime following the hearing on July 28. The application for parole was then forwarded to the regional commissioner apparently, who also reviewed the case and made a recommendation (the same as a vote, in this instance). The case was then forwarded to the four sitting executive commissioners in Washington (or Chevy Chase, MD, right outside of DC). The parole decision will be made by majority vote.
According to parole guidelines:
“Upon receipt of an original jurisdiction case, the National Commissioners, where feasible, shall process the case within 21 days. Cases shall be voted on sequentially.”
It isn’t known when the National Commissioners received the Peltier application for parole or when the 21-day clock began running. Also, generally, reference by the government of “days” means business days, not calendar days.
It isn’t known how many parole applications were received prior to Peltier’s application or if a backlog exists at the U.S. Parole Commission.
It isn’t known if all four National Commissioners are available for the review and a vote at this time. It’s August and, traditionally, Washington pretty well closes down during the month of August. Members of Congress return to their home districts for the month and they and the President generally vacation during this period. Government bureaucrats often do the same.
Our point: There are many unknowns. But this is something we DO know. There is great potential here for there to be a delay — intentional or not — with regard to the parole decision. The words “where feasible,” tell us so.
That’s why everyone has to keep up the political pressure.
We know you’ve written letters, made calls, sent e-mails. First, thank you. Thank you very much for all you do on Leonard’s behalf.
But now you have to do it again. And again. And again. Please. Do it and keeping doing it until Leonard Peltier is home with his family.
Call the White House Comment Line: 202-456-1111 or 202-456-1112;
AND
Fax a letter to the White House: 202-456-2461;
AND
E-mail the White House: http://www.whitehouse.gov/contact/.
Take all three actions every single day.
And the message?
Mr. President. Free Peltier NOW!
Again, thank you.
Link @ http://electricbrave.wordpress.com/2009/08/16/leonard-peltiers-parole-hearing-update/
Tags: a.i.m, action, activism, alert, cointelpro, denied, false, freedom, imprisonment, injustice
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Created by Obadele Kwame Kambon May 6, 2008 at 11:28pm. Last updated by Obadele Kwame Kambon Oct 7.
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