posted August 05, 2004 10:07 AM            

The left has some interesting perspectives on values, don't you think?

August 2, 2004
Nader loses Peace and Freedom presidential nomination

LOS ANGELES - Consumer advocate Ralph Nader, rebuffed twice in his attempt to get on the Oregon presidential ballot, has met another political setback in Caliofrnia.
He lost the nomination today of the California Peace and Freedom Party, which nominated jailed American Indian activist Leonard Peltier instead.

posted August 05, 2004 12:51 PM            

That KATU article is awful though. If they are going to mention that Peltier is a convicted murderer then they should also mention that there is considerable evidence of a FBI frame-up. The government has even admitted that they don't actually know who shot those agents.
That's why he was nominated by the California Peace and Freedom Party and if that coporporate KATU lackey was going to go to the trouble of mentioning Peltier's incararation they should atleast present a balanced picture of WHY.

Leonard Peltier is a political prisoner. Regan 'compassionately' aquitted two FBI agents who were convicted of engaging in COINTELPRO tactics against political activists of the 60's and 70's but he seemed to forget about releasing the prisoners wrongly imprisoned because of COINTELPRO.

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Over the years we have been warned about the danger of subversive organizations that would threaten our liberties, subvert our system, would encourage its members to take further illegal action to advance their views, organizations that would incite and promote violence, pitting one American group against another... There is an organization that does fit those descriptions, and it is the organization, the leadership of which has been most constant in its warning to us to be on guard against such harm. The FBI did all of those things.

posted August 05, 2004 04:33 PM            

When a member of law enforcement is murdered, they move heaven and earth to identify, arrest, prosecute, convict and jail the person or persons responsible.

It's personal Harpyr and their aims are not served by going after the wrong person or framing an innocent person. Just any handy person won't do the trick for them. Only the right person will clear the incident.

As for your contention the "government" admitted they don't know who killed those agents. I don't see any comments by anyone in government who said that posted here. It's a hell of a big government, so who is that government person who said that?

posted August 05, 2004 09:13 PM            

You see, if it's true, it means the murderer(s) of 2 FBI agents are still running around free and further, the FBI knows it.

So, what is the FBI's motive for framing Leonard Peltier for the murder of 2 FBI agents and letting the real murderer(s) go free?

You realize of course that if there was active participation by the FBI to frame anyone and it were discovered, there would be the most serious consequences for the FBI and the entire criminal justice system. Such a decision could only come from the top of the organization.

The article wasn't a knock on Nader but a comment on the group who nominated a convicted murderer as their presidential candidate.

posted August 06, 2004 01:51 AM            

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The Case of Leonard Peltier
Statement of Fact
By Attorney Jennifer Harbury

(Defense Committee Mar 1998 to Jan 2003)

We, the members and supporters of the Leonard Peltier Defense Committee, wish to express our grave concerns with regard to the denial of justice and due process to Mr. Leonard Peltier, and his ongoing detention at Leavenworth Penitentiary.

Mr. Peltier has been incarcerated for twenty-seven years, despite the clear indications of misconduct, including the falsification of evidence, by various U.S. officials which lead to his conviction, as set forth below. He is now nearly fifty-eight years of age and his health is beginning to deteriorate. We are therefore asking for your most urgent attention to this situation.

The facts of this case have long been the subject of intensive investigation and documentation. We wish to set forth the following summary for your convenience:

(1) On February 27, 1973, members of the American Indian Movement, or AIM, together with a number of local and traditional Native Americans began their seventy-two day occupation of Wounded Knee. Their goal was to protest injustices against their tribes, violations of the many treaties, and current abuses and repression against their people. The United States government responded with a military style assault against the protesters. In the end, various officials promised hearings on local conditions and treaty violations. These hearings were never convened. The use of military force by the U.S. government was later ruled unlawful.

(2) Throughout the next three years, long referred to by local Native Americans as the "Reign of Terror," the FBI carried out intensive local surveillance, as well as the repeated arrests, harassment and bad faith legal proceedings against AIM leaders and supporters. The FBI also closely collaborated with and supported the local tribal chairperson, Dick Wilson, and his selected vigilantes, the "Guardians of the Oglala nation, or quite literally, the "GOONS. Mr. Wilson was notorious for his corruption and abuse of power.

During this "Reign of Terror," some sixty-four local Native Americans were murdered. (See attached list). Three hundred were harassed beaten or otherwise abused. Virtually all of the victims were either affiliated with AIM or their allies, the traditional tribe members. The FBI had jurisdiction to investigate major crimes, yet these deaths were never adequately investigated or resolved. Nor did the FBI agents take any measures to curb the violence of GOONS, with whom they were closely collaborating.

(3) After Wounded Knee, both Dennis Banks and Russell Means were brought to trial. The prosecution presented the testimony of a Mr. Moves Camp. This testimony was shown to be pure fabrication, with serious implications of FBI misconduct. The judge dismissed the case, declaring that "the waters of justice have been polluted. (383 F. Supp., pp.397-8). The jurors asked the U.S. Attorney General not to appeal the case. (New York Times 26 Sept. 1974, pg.55).

(4) In May of 1975 the FBI began a sizable build up of its agents, mostly SWAT members, on the reservation. In June 1974 SWAT teams from numerous divisions were designated for special assignment at Pine Ridge. Yet the politically related murder rate climbed. A June 1975 FBI memo referred to the potential need for military assault forces to deal with AIM members. Needless to say, tensions were running extremely high on all sides.

(5) On June 26, 1975 two FBI agents, Mr. Jack Coler and Mr. Ron Williams, entered the Jumping Bull Ranch, private property. They allegedly sought to arrest a young Native American man they believed they had seen in a red pick up truck. A large number of AIM supporters were camping on the property at the time. They had been invited there by the Jumping Bull elders, who sought protection. Many non-Aim persons were present as well. A shoot out began between the two vehicles, trapping a family with small children in the cross fire. From throughout the ranch, people screamed that they were under attack, and many hurried to return fire. When the skirmish ended, the two FBI agents were dead. They had been wounded, and someone had shot them at close range through the heads. Today, the United States Attorney admits that no one knows who fired the fatal shots. The red pick up truck escaped from the ranch and was never found or identified.

The more than thirty AIM men, women and children present on the ranch were then surrounded by over 150 FBI agents, SWAT team members, BIA police and local posse members, and barely escaped through a hail of bullets. When the gun fight ended, a young Native American named Joe Stuntz lay dead, shot through the head by a sniper bullet. His killing was never investigated.

(6) Clearly the killings of Mr. Stuntz and the two agents under such conditions represents a tragedy for all three the men and their families. However, it is equally clear that an unfair trial and the 27 year imprisonment of an innocent man is also a great tragedy. More critically, such a situation endangers the most basic tenets of our system of justice. Official vengeance can never be allowed to replace the due process of the law.

(7) As noted by Judge Heaney of the Court of Appeals of the Eighth Circuit, in his 1991 letter to Senator Inouye, "The United States government overreacted at Wounded Knee. 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 .... The United States government must share responsibility with the Native Americans for the ... firefight ... the government's role can properly be considered a mitigating circumstance. Judge Heaney, in this letter, (attached hereto), recommended clemency/commutation of sentence for Mr. Peltier as part of the healing process.

(8) Mr. Leonard Peltier was one of several high level AIM leaders present during the shoot out. Murder charges were brought against him, as well as his two friends and colleagues, Dino Butler and Bob Robideau, who had been present throughout the incident. Butler and Robideau stood trial separately from Leonard Peltier, who had fled to Canada, convinced he would never receive a fair trial in the United States. At the trial of Butler and Robideau a key prosecution witness, Mr. Draper, admitted that he had been threatened by the FBI and as a result had changed his testimony upon the agents' instructions, so as to support the government's position . The jury found both men not guilty. They found that there was no evidence to link the defendants to the fatal shots. Moreover, the exchange of gun fire from a distance was deemed to have constituted an act of self defense.

(9) Mr. Leonard Peltier was extradited from Canada on the basis of an affidavit signed by a Myrtle Poor Bear, a local Native American woman known to have serious mental problems. She claimed to have been Mr. Peltier's girl friend at the time, and to have been present during the shoot out, and to have witnessed the murders. In fact she did not know Mr. Peltier, nor was she present at the time of the shooting. She later confessed she had given the false statement after being pressured and terrorized by FBI agents, one of whom had also been involved in the falsification of Mr. Moves Camp's testimony earlier. Myrtle Poor Bear sought to testify in this regard at Leonard Peltier's trial. The judge barred her testimony on the grounds of mental incompetence. Nothing was done with regards to the illegal extradition. (Myrtle Poor Bear had also been forced to sign a similar affidavit against yet another local Native American named Dick Marshall. Again she claimed to have been his girl friend, and linked him to a separate murder. This too she recanted. )

(10) No known witnesses exist as to the actual shooting of the FBI agents Coler and Williams. Three adolescents gave inconclusive and vague testimonies, contradicting their own earlier statements as well as each other. All three witnesses admitted they had been seriously threatened and intimidated by FBI agents.

(11) Critical ballistic information reflecting Mr. Peltier's innocence was withheld from the defense team, making a fair trial impossible. Specifically, at the trial, the FBI ballistic expert, Evan Hodge, testified that he had been unable to perform the best test, a firing pin test, on certain casings found near the agents' car, because the rifle in question had been damaged in a fire. Instead, he stated that he had conducted an extractor mark test, and found the casing and weapon to match.

Years later, documents obtained through the Freedom of Information Act showed that in October 1975 a firing pin ballistic test had indeed been performed on the rifle and that the results were clearly negative. In short, the fatal bullet did not come from Leonard Peltier's weapon. The jury never heard about any of these crucial issues.

(12) Equally disturbing are the numerous discrepancies regarding the key vehicle in the case. Agents Williams and Coler had radioed that they were chasing a red pick up truck, which they believed was transporting a suspect. The chase lead to the Jumping Bull Ranch and the fatal shoot out. At trial however, the evidence had changed to described a red and white van, quite a different vehicle, and which not coincidentally was more easily linked to Mr. Peltier.

(13) The Court, at Mr. Peltier's murder trial, did not permit the jury to learn of the FBI's pattern and practice of using false affidavits and of intimidating witnesses in recent related cases. The jury was thus unable to properly evaluate the prosecution witnesses' testimony. In the trials of other AIM leaders, such evidence had been admitted.

(14) There was no witness testimony that Leonard Peltier actually shot the two FBI agents. There is no witness testimony that placed Mr. Peltier near the crime scene before the murders occurred. Those witnesses placing Peltier, Robideau and Butler near the crime scene after the killing were coerced and intimidated by the FBI. There is no forensic evidence as to the exact type of rifle used to commit the murders. Several different weapons present in the area during the shoot out could have caused the fatal injuries. There was more than one AR-15 in the area at the time of the shoot out. The AR-15 rifle claimed to be Mr. Peltier's was found to be incompatible with the bullet casing near the agents' car. Although other bullets were fired at the crime scene, no other casings or evidence about them were offered by the Prosecutor's office. In short there is no reasonable evidence that Mr. Peltier committed the murders. Instead there is very strong evidence of FBI misconduct.

(15) Some 6,000 FBI documents are still being withheld in their entirety from Mr. Leonard Peltier, as are some 5,000 partial documents. There is clearly no current reason to fear national security risks, or the disruption of ongoing investigations. Moreover, based on the critical nature of those documents which have been disclosed, such as the ballistic tests reports, it is reasonable to conclude that the remaining files would contain evidence that would help to establish Mr. Peltier's innocence. This situation violates his rights to access to the courts and to a fair trial.

FOIA Update
Withheld Documents
Recently, Mr. Peltier's attorneys filed a new round of Freedom of Information Act requests with FBI Headquarters and various FBI field offices in an attempt to secure the release of additional documents concerning Mr. Peltier. Although the FBI has engaged in a number of dilatory tactics in order to avoid the processing of these requests, 30,000 additional FOIA documents were released in June 2002. Previously, according to the FBI, more than 6,000 full documents remained undisclosed. The 30,000 documents released in 2002 reveal the FBI's prior estimate to be a significant undercount of actual documents still withheld. Currently, FOIA requests submitted to 30 FBI field offices around the country are pending. Similar FOIA requests have been submitted to the CIA. Nonresponsive agency letters following the recent requests have resulted in FOIA Complaints filed by Peltier's attorneys against the FBI, CIA and the Executive Office of United States Attorneys. For a more detailed update, see the report from Mr. Peltier's legal team

(16) At the Peltier trial the Prosecutor claimed in summation that...."we proved that he went down to the bodies and executed those two young men at point blank range...". At the appellate hearing, the government attorney conceded "We had a murder, we had numerous shooters, we do not know who specifically fired what killing shots...we do not know, quote unquote, who shot the agents."

(17) At the murder trial the Prosecutor, referring to the murder weapon, stated that "There is only one AR-15 in the group. There is no testimony concerning any other AR-15 at Tent City or at the crime scene or anywhere else in the area ...." Mr. Peltier's lawyers later filed a habeas corpus petition, claiming that the government had mislead the jury by concealing evidence of other AR-15 rifles, and thus other potential murder weapons, at the crime scene. The same prosecuting attorney, before the Eighth Circuit Court in 1992, claimed that " ...I think its simply a misstatement of the trial that there was no evidence presented and it was suppressed as to other AR-15s at the scene ...."

(18) Mr. Peltier has now served more than 27 years in prison. During this time he has suffered a stroke which left him partially blind in one eye. For many years he had a seriously debilitating jaw condition which left him unable to chew properly and caused consistent pain and headaches. The prison medical facilities could not properly treat this condition, and two prison surgeries have only worsened matters. A Mayo Clinic physician offered to repair the jaw for free, but was turned down again and again until the United Nations Raporteur sharply rebuked the United States for subjecting Mr. Peltier to inhuman conditions. Today, Mr. Peltier contninues to suffer from diabetes, high blood pressure and a heart condition. According to an affiliate of Physicians for Human Rights, he risks blindness, kidney failure and stroke in the future, given his inadequate diet, living conditions, and health care. [Update]

(19) Mr. Peltier has served time for a significantly longer period of time than normally would be served before a grant of parole in similar cases. Yet the United States Parole Commission has made it clear that parole will not even be considered until the year 2008, some six years after the date Congress has set for abolition of the Parole Board. No adequate reason has been given for such arbitrary and discriminatory treatment. Instead, the Parole Commission stated the denial was based upon Mr. Peltier's participation in the "premeditated and cold blooded execution of these two officers." Yet, as noted, there is no evidence that Mr. Peltier ever fired the fatal shots. This has been admitted by the government attorneys themselves. Yet various FBI agents, together with Prosecutor Crooks, were present to personally oppose Mr. Peltier's parole. At a later hearing it was made clear that Mr. Peltier will not receive parole until he "recognizes his crime", or in short, confesses to a crime he did not commit. [Outcome: June 12, 2000 Parole Hearing]

(20) The only evidence against Mr. Peltier is the fact that he was present at the Jumping Bull ranch during the fatal shoot out. There were more than thirty others there that day as well. Yet Mr. Peltier is the only one who was ever sentenced and imprisoned. The FBI and other officials clearly singled out Leonard Peltier as a scapegoat, and forced him to pay the collective price for the killings which occurred, despite the lack of evidence against him. Personalized vengeance of this kind in U.S. officials cannot be tolerated.

(21) Twelve years ago, Federal Judge Heaney of the Court of Appeals of the Eighth Circuit, had written to U.S. Senator Inouye, supporting clemency/commutation of sentence for Leonard Peltier. "At some point a healing process begins. We as a nation must treat Native Americans more fairly.

(22) Disturbingly, the FBI has also been implicated in similar instances of grave misconduct in parallel cases. By way of example, Mr. Geronimo Pratt has only recently been released from prison after serving some 27 years for a crime he did not commit. It has been established that key evidence against him was falsified by the FBI. Mr. Pratt was a leader in the Black Panther party. It is now a matter of public record that the FBI COINTELPRO program considered such minority organizations to constitute a threat to domestic security, and routinely engaged in improper, unethical, and sometimes unlawful actions against them. We need only remember the harrasment of Dr. Martin Luther King for an example.

(23) Numerous internationally recognized human rights organizations, including Amnesty International, and civil rights leaders have called for the immediate and unconditional release of Leonard Peltier. Some of these statements are attached to this summary for your convenience.

(24) We would also note that Mr. Peltier has made remarkable contributions to humanitarian and charitable causes during his many years behind bars. He sponsors an annual Christmas drive for clothes and toys for the children of Pine Ridge, helped to establish a Native American Scholarship fund, assisted programs for battered women and substance abuse recovery, collaborated to improve medical care on the reservations, worked to assist other prisoners in developing a prison art program, and adopted children in Guatemala and El Salvador through ChildReach, amongst many other praiseworthy contributions. As a result, he has received recognition and acclaim from many human rights groups, including an award from the Human Rights Commission of Spain.

(25) Based on all of the above, we seek your immediate intervention in this case. Our concepts of justice and good government require that such tragic errors of the past be set straight. We ask that you act to secure Mr. Leonard Peltier's prompt release from prison, by urging the United States Parole Commission to grant him parole, for which he is nine years overdue. We also ask that you press for an act to declassify the 6000 FBI documents still being withheld by the FBI, and for a Congressional investigation into Mr. Peltier's case and the Pine Ridge "Reign of Terror" (1973-1976).

(26) Past errors by U.S. officials are difficult to redress and much suffering has occurred. Leonard Peltier is no longer young, and his youth cannot be returned to him. Yet he still wishes to serve his people and contribute to his society. We ask that he be allowed to do so with freedom and dignity.

posted August 06, 2004 10:27 AM            

I have followed the movement and Leonard since the beginning. My opinion is, as Tink says, research and it will become apparent why he and the movement it a peceived threat to the goverment as a whole not just the F.B.I.. They were simply used to defeat the enemy

Excellent background article Harpyr

posted August 06, 2004 12:48 PM            

Some facts left out of the report Harpyr posted is the factual evidence the 2 FBI agents were killed before any other agents arrived on the scene, that more than 125 bullet holes were found in the 2 agents cars, that the agents fired a total of 5 times and that one agent had a defensive wound in a hand he raised when the bullet that killed him traveled through his hand before entering his head, killing him.

These agents were not killed in a general melee of firing by a large group of people on the scene and reinforced FBI agents. These killings were deliberate murder and not a result of random firing.

Further, the so called mentally incompetent witness never testified in court against Peltier nor were the affidavits she signed used in his trial.

If anyone wants to see the agents vehicles riddled with bullet holes, you can click the link at the bottom of the report.

Leonard Peltier has had hearing after hearing by a variety of courts on different aspects of the case and trial, including 2 different US District Courts and appeals heard by the US Supreme Court. If one is to conclude Peltier is innocent then one must say the entire Federal Court System is corrupt.

Certainly, with all the hoopla surrounding the trial and all the hearings granted on motions and petitions, it would have been far more expedient on the part of the Federal Government to grant Peltier a new trial than to take all the heat from activists in America and around the world.

RESMURS Quick Facts
Unknown to Agents Williams and Coler, Leonard Peltier was present on Pine Ridge. A warrant was outstanding for the arrest of Leonard Peltier which had been issued in the Eastern District of Wisconsin for Unlawful Flight to Avoid Prosecution (UFAP) - Attempted Murder (of an off-duty police officer).

Peltier and his supporters allege they had arrived on Pine Ridge with a contingent of American Indian Movement (AIM) members. They had traveled to Pine Ridge from Farmington, New Mexico.

At approximately 11:50 a.m., June 26, 1975, Agent Williams indicated over his car radio that he had spotted a red and white vehicle. (Agent personnel overhearing the radio transmission have differing opinions of the vehicle description, but it was clearly established that there was only one operable vehicle in the area.)

One of the occupants of the red and white vehicle was determined later to be an individual interviewed by Agent Williams and another FBI Agent in Williams' FBI vehicle the day before.

Soon after Williams' initial transmission, he radioed information that the subject vehicle had stopped and that he and Coler had come under fire. Williams began transmitting directions to Agent Gary Adams who was approximately 12 miles away. Agent Adams could not reach the vicinity of Williams and Agent Coler due to gunfire directed at him as he approached. Contrary to some media reports that gunfire lasted four hours, trial testimony described the gunfight directed at Agents Williams and Coler as lasting approximately 10 minutes. During this ordeal, a combined total of five rounds had been fired by both Williams and Coler's weapons. The Agents' vehicles alone had 125 bullet holes. This total does not take into account those shots that hit the Agents, glass, or were not recovered.

At approximately 4:25 p.m., Agents discovered the bodies of Agents Williams and Coler lying beside Agent Coler's vehicle. Agent Williams received bullet wounds to his left arm and side, foot, right hand, and head. Agent Coler received bullet wounds to the arm and head.

An examination of the physical evidence concluded that Agents Williams and Coler had been killed at close range by a .223 type bullet. According to witnesses, Peltier was identified as the only person in possession of a weapon that would fire a .223 type bullet at the time of the murders. The weapon was an AR-15.

Peltier's AR-15, Agent Coler's .308 rifle, and an arsenal of weapons were recovered from associates of Peltier on September 10, 1975, when a car exploded on the Kansas Turnpike near Wichita, Kansas.|

An examination by the FBI Laboratory made a positive match with a .223 shell casing found in the trunk of Agent Coler's car and marks produced by the extractor of Peltier's AR-15. No match could be made with the firing pin, because it was too smooth.

On September 11, 1986, Federal Appeals Judge Gerald R. Heaney concluded, "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."

Peltier was captured in February, 1976, by the Royal Canadian Mounted Police (RCMP), while in possession of several loaded weapons. Upon arrest, he advised the RCMP that two FBI Agents were shot when they came to a house to serve a warrant on him.

During an interview on the television show "60 Minutes," aired September 22, 1991, Peltier admitted firing at Agents Williams and Coler. On April 18, 1977, Leonard Peltier was found guilty of the first-degree murders of Williams and Coler. On June 1, 1977, Chief U.S. District Judge Paul Benson sentenced Peltier to two consecutive life terms.

One issue during the appeals was the allegation that the FBI fabricated statements from a woman named Myrtle Poor Bear who claimed that she saw Peltier shoot the Agents.

The prosecuting Assistant United States Attorney determined Myrtle Poor Bear was incompetent to testify at trial due to obvious mental deterioration prior to trial and did not use her as a trial witness. Her affidavits were only used in extradition proceedings against Peltier in conjunction with other evidence and prior to a determination of her incompetence.

Arguments that Peltier did not receive a fair trial have been repeatedly heard by the U.S. District Court, the Eighth U.S. Circuit Court of Appeals, and the U.S. Supreme Court. Peltier's most recent appeal was argued on November 9, 1992, under the defense grounds that the federal government changed its prosecutive strategy, to wit; initially arguing that Peltier shot and killed the Agents, but since claiming that he aided and abetted in their deaths.

On July 7, 1993, the Eighth Circuit Court of Appeals dismissed Peltier's latest appeal. The theory that the government had changed its prosecutive strategy was rejected by the court's review of the trial record. Other issues raised by the defense were also dismissed as having been previously decided or bypassed on previous appeals. Peltier's petition requesting a rehearing on the matter was denied.

Pre-incident Facts

The Pine Ridge Indian Reservation is located in the southwest corner of South Dakota. Wounded Knee, South Dakota, is located approximately 18 miles from the Village of Pine Ridge on the reservation. The incident involving the FBI at Wounded Knee occurred approximately two years prior to the murders of Agents Jack R. Coler and Ronald A. Williams. There is no factual connection between the two. However, the Indian factionalism that resulted from Wounded Knee possibly contributed to an atmosphere of tension that existed on the Pine Ridge Reservation.

The factionalism pitted the supporters of the local tribal government and its then president against the members of the American Indian Movement (AIM) and Indian traditionalists. As a result, crime on the reservation had increased. The jurisdiction assigned to the FBI on the reservation was the responsibility of the Rapid City, South Dakota, Resident Agency (RA), assigned to the Minneapolis Field Division. The 12-Agent complement of the RA had been increased to include 6 additional temporary duty (TDY) Agents to assist in handling the increased workload. Victim Jack Coler was one of those TDY Agents.

Neither Leonard Peltier nor members of his group of associates were from the Pine Ridge Indian Reservation. Testimony stated that Peltier and the others in his group came to the reservation at the request of AIM leaders following an AIM convention in Farmington, New Mexico. There is evidence Peltier was the leader of a group of Indians who may have committed burglaries on the reservation. A British .308 rifle taken in a burglary on the reservation was fired at the Agents by Norman Charles, a member of Peltier's group, on the day of the murders.

At the time of the murders, Peltier was the subject of an outstanding federal warrant for Unlawful Flight to Avoid Prosecution (UFAP). The UFAP warrant was issued after Peltier fled Milwaukee to avoid apprehension and prosecution for the attempted murder of an off-duty police officer in that city.

On June 25, 1975, the evening before the murders, Agents Ron Williams and Jack Coler were on the reservation attempting to locate and arrest Jimmy Eagle. A federal warrant charging Eagle with robbery was outstanding. Eagle and companions from the reservation had beaten and robbed a person on the reservation. Additional charges stemming from that incident included Assault with a Deadly Weapon. One of the areas where Agent Williams attempted to locate Eagle was the Jumping Bull Compound. The Agents were unsuccessful in their attempts to locate Eagle. However, during that investigation, the Agents talked with Norman Charles and two others in Agent Williams' car and advised Charles that the purpose of their visit was to locate Eagle. It is noted that Norman Charles was with Peltier at the time of the murders on the following day. The Agents were told that Eagle had just left in a red vehicle. No further detail was given concerning that vehicle.

There is no evidence the Agents were aware that Peltier was in the area.

Facts of the Incident

On the morning of June 26, 1975, Agents Coler and Williams returned to the Pine Ridge Reservation to continue their attempts to locate and arrest Jimmy Eagle pursuant to a federal arrest warrant. Conversations with numerous persons earlier that morning made it clear that executing the Eagle warrant was their purpose for going to the reservation.

At approximately 11:50 a.m., other Agents overheard a radio transmission where Agent Williams advised Agent Coler he had spotted a red and white vehicle and was going to stop it. Williams and Coler were in separate FBI vehicles. None of the radio transmissions were recorded because the FBI did not have a system in place to record any radio transmissions. Recollections vary as to the description of the vehicle given by Williams. However, testimony presented at trial made it clear that there was only one vehicle operational in the area fitting that general description. It is noted this vehicle stop would be consistent with the information Williams had received on the previous day that Jimmy Eagle was reported to have been in a red vehicle. As later testimony showed, Leonard Peltier, Norman Charles, and Joe Stuntz were the occupants of the vehicle Williams was following. Coler then followed Williams in attempting to stop the suspect vehicle.

In the next radio transmission overheard, which was only a few seconds later, Williams stated that the vehicle they were pursuing had stopped, the occupants had exited the vehicle, and it appeared they were preparing to fire at the Agents.

These facts are corroborated by the testimony of Michael Anderson. His testimony indicated Leonard Peltier's red and white suburban entered the area of the murders first, followed shortly thereafter by Williams' and Coler's FBI vehicles. Peltier's vehicle stopped approximately 250 yards in front of the Agents' cars. Peltier, Charles, and Stuntz got out and started firing at the Agents.

In the last radio transmission monitored, Williams was giving directions to other Agents on how to get to his and Coler's location. Williams warned Agent J. Gary Adams that if he did not get there quickly, they were dead men. Williams announced that both he and Coler had been hit, and gunfire could be heard in the background of the transmission. Upon arrival in the area, Agent Adams was unable to reestablish radio contact with Williams.

The time frame of the shooting was established by Williams first transmission being overheard at approximately 11:50 a.m. Agent Adams, the first Agent to arrive after Williams and Coler, made a twelve-mile trip at 90 miles per hour. It is estimated the incident involving Williams and Coler was over in a maximum of ten minutes.

As Agent Adams and two Bureau of Indian Affairs police officers arrived in the immediate area, they also came under fire. Both Adams and the officers had tires shot out of their vehicles. Agent Adams' car became hung up as he attempted to maneuver it and he was unable to get to Williams and Coler. As other Agents and officers from numerous agencies arrived, they received sniper fire which continued throughout the afternoon. This hampered rescue attempts and the Agents' bodies were not discovered until approximately 4:25 p.m. that afternoon.

Physical Evidence and Testimony Concerning the Crime Scene

Examination of the Agents' weapons showed that one round had been fired from Agent Coler's handgun, two rounds from Agent Williams' handgun, one round from Agent Coler's .308 rifle, and one round from Agent Coler's shotgun. The Agents' weapons had fired a total of five rounds during the incident. The Agents' vehicles contained a total of 125 bullet holes. This total does not include the rounds that hit the Agents, the windows, or were misses. Testimony indicated that other persons from a tent encampment near the Jumping Bull Compound arrived after hearing the firing and began shooting at the Agents. According to witnesses, at least seven persons were believed to have shot at the Agents.

Physical evidence examined by the pathologist indicated that at least three bullets consistent with .223 caliber were fired at close range at the Agents. However, only a single .223 caliber shell casing was recovered from the open trunk of Agent Coler's car. This indicates that the persons who were present at the Agents' bodies attempted to remove all of the shell casings from the scene of the murders and inadvertently overlooked the .223 casing in Agent Coler's trunk. Testimony established Peltier was the only person carrying an AR-15 rifle at the time of the murders. The AR-15 was the only weapon present which was capable of firing a .223 round. One hundred fourteen .223 shell casings were found in the general crime scene area, away from the Agents bodies. All had been fired by the same AR-15. These 114 shell casings matched the one shell casing found in the trunk of Agent Coler's car.

Pathology reports disclosed that Agent Coler had been hit in the arm, which was nearly severed. The pathologist's opinion was that Agent Coler was disabled upon receiving that wound and would not have been able to continue the fight. Physical evidence demonstrated that Agent Coler received this wound while standing at the open trunk of his car, retrieving his long guns. Agent Williams' shirt had been wrapped around Agent Coler's arm as a tourniquet. The shirt had bullet holes that coincided with wounds Agent Williams had received to his left arm and side. Additionally, Agent Williams had been shot in the foot. Neither of Agent Williams' wounds up to this point would have been fatal, and his right arm was still operational.

The pathology reports also showed there were three additional wounds delivered to the Agents at close range. An eyewitness testified that Peltier, Robert Eugene Robideau, and Darrelle Dean Butler walked down to the Agents' cars. Robideau and Butler had come from the tent encampment to join the shooting after it had started.

There is no eyewitness testimony of what happened at the Agents' cars. However, the physical evidence showed that Agent Williams had received a defensive wound through his right hand. The same bullet then traveled through his head killing him instantly. Agent Coler was lying on the ground, unconscious or near unconscious, when he was shot once in the top of his head, but the wound was not fatal. Agent Coler was then shot a second time near the jaw. This wound was fatal.

At the scene of the murders, very little was taken from Agent Coler's car. Agent Williams' car was driven to the location of Peltier's red and white suburban, and then to the area of the tent camp where it was stripped of almost everything.

Both of the Agent's handguns and both of Agent Coler's long guns were stolen from the scene. Testimony described Butler as carrying out one of the Agents' handguns, and Peltier the other. Robideau carried out both of Agent Coler's long guns.

Robideau's fingerprint was found on the inside door handle of Williams' car.

Aftermath

After the murders, those involved split up and fled in different directions. On September 5, 1975, Agent Williams' handgun and shells from both Agents' handguns were found in a vehicle near the residence where Darrelle Butler was arrested.

On September 10, 1975, a station wagon blew up on the Kansas Turnpike near Wichita, and a burned-up AR-15 was recovered, along with Agent Coler's .308 rifle. The car was loaded with weapons and explosives which were apparently ignited when placed too close to a hole in the exhaust pipe. Present in the car among others were Peltier's associates, Robert Robideau, Norman Charles, and Michael Anderson, all of whom were tied to the shooting of the Agents.

On September 9, 1975, Leonard Peltier purchased a Plymouth station wagon in Denver, Colorado. Peltier began traveling in a recreational vehicle (RV), accompanied by associates in the recently purchased Plymouth. The FBI provided descriptions of the two vehicles to other law enforcement agencies. An Oregon State Trooper stopped the RV based on the description. Peltier got out of the RV, fired at the trooper, and fled. Agent Coler's handgun was found in a bag with Peltier's fingerprint on it, under the front seat of the RV. Both of the vehicles were loaded with weapons and explosives, as was the vehicle that blew up in Kansas. Some of the weapons had obliterated serial numbers.

Peltier then fled to Hinton, Alberta, Canada, where he hid out at an Indian reservation until apprehended by the Royal Canadian Mounted Police (RCMP). Peltier was heavily armed at the time of his arrest, and stated he would have blown the RCMP out of their shoes if he had known they were coming for him. When asked if he knew why he was wanted, Peltier made a statement that two FBI Agents were shot when they came to a house to serve a warrant on him. He identified the warrant as the attempted murder charge in Milwaukee, Wisconsin.

The Cedar Rapids Trial

The first trial of suspects in this case took place in the summer of 1976 in Cedar Rapids, Iowa, after a motion for a change of venue was granted. Peltier was in custody in Canada, fighting extradition, and so was not available for this trial. As a result, only Robideau and Butler went to trial. Charges against Jimmy Eagle, the only other person charged in the murders of the Agents, were dismissed voluntarily by the government for lack of evidence.

There were several issues and factors in this trial that were substantially different from the later Peltier trial. Robideau and Butler were not present when the shooting started. They were in a camp a short distance away and came with guns to the area of the murders once they heard the shooting. Unlike Peltier, there was no direct evidence that they were aware the Agents were law enforcement officers. As a result, a self defense argument was made by the defense.

A primary difference in the Cedar Rapids trial was that the government's two best witnesses, Angie Long Visitor and Michael Anderson, were both missing for the trial. Despite the best efforts of the government, neither could be located. However, Long Visitor and Anderson were available and testified at Peltier's trial.

During the course of the Cedar Rapids trial, the government was prohibited from introducing evidence that shell casings fired from Agent Coler's handgun and casings fired from Agent Williams' handgun were located in and near the residence where Butler was arrested. During the Peltier trial, the same evidence was admitted into evidence.

In the Robideau/Butler trial the jury heard testimony concerning past activities of the FBI that were arguably unrelated to events on the reservation. The testimony was offered based on a defense theory that through such past activities, the FBI had assisted in creating a climate of fear on the reservation and that climate of fear precipitated the murders. At the conclusion of the trial, the jury foreman stated that an important facet to the acquittals was the atmosphere of fear and violence that did exist on the reservation, and how that atmosphere arguably contributed to the self-defense theory of defendants Robideau and Butler.

By contrast, at Peltier's trial, the trial judge required that any evidence offered to the jury must be relevant to the guilt or innocence of Peltier. As a result, much of the information concerning the FBI's past that was arguably unrelated to events on the reservation, was not presented to the jury.

At the conclusion of the government's case, the judge recessed the trial for ten days to attend a judicial conference. This provided the defense with additional time to prepare their case and a greater span from the presentation of the government's case to the time of deliberation by the jury.

Additionally, the jury was not sequestered and there was no gag order placed on the defense. As a result, the jury was subject to numerous headlines that appeared in the local newspaper which were adverse to the FBI. Conversely, the federal prosecutors were governed by Department of Justice guidelines which prohibit discussing the facts of any pending case with the media. The end result was that the public, which in this case included the trial jury, was subject to only the defense version of the facts in the media.

The Fargo Trial of Leonard Peltier

To address problems that impacted the Cedar Rapids trial, the government asked for, and received, a sequestered jury, a gag order for lawyers, and a pretrial ruling that the FBI could not be placed on trial unless the information offered related to the evidence or witnesses in the case.

Defendant Peltier had been indicted not only for the murders, but additionally on the theory that he may have been an aider and abettor in the murders.

Facts argued to the jury identified Peltier as the leader of the group of Indians that were involved in shooting at the Agents.

Peltier was aware of Coler's and Williams' identities as FBI Agents. Unlike the Cedar Rapids trial, self-defense was not argued effectively by Peltier's attorneys. Norman Charles was in Peltier's vehicle, with Peltier, when they first began firing at the Agents. Charles was the subject who was with Agent Williams the night before, in Williams' Bureau car, being questioned concerning the whereabouts of Jimmy Eagle. Angie Long Visitor testified that FBI cars were easily recognizable on the reservation. She testified that only the FBI drove cars that looked like that.

Peltier admitted to the RCMP at the time of his arrest that the persons who were fired upon were FBI Agents who had come to the reservation to arrest him for an outstanding warrant. Since the trial, Peltier has admitted, on the 60 Minutes television program on September 22, 1991, that he had shot at the Agents.

Witness testimony established that Peltier was the only person carrying an AR-15 rifle at the time of the murders and Peltier was seen at the location of the Agents' bodies carrying his AR-15. The .223 shell casing recovered from the trunk of Agent Coler's car had identifiable extractor markings which were made by the rifle that fired one of the bullets. These extractor markings on the casing matched the AR-15 rifle that was recovered in Kansas, from the car that exploded and contained Peltier's associates. An AR-15 is a semi-automatic rifle which fires a .223 caliber bullet. This caliber is a small, high-velocity bullet, that is consistent with bullet fragments found in and under the Agents' bodies.

On April 18, 1977, after a five-week jury trial, Leonard Peltier, was convicted of two counts of first degree murder. After his incarceration, Peltier was involved in an armed escape from the federal penitentiary in Lompoc, California. Another inmate was shot and killed in the escape. Peltier was recaptured a short time later after a farmer reported to the sheriff's office that a man had confronted him with a rifle and took his shoes and truck. Peltier was convicted of the escape and of being a felon in possession of a firearm. The conviction was affirmed on appeal.

Defense Allegations and Rebuttals

The allegations of the defense are far too numerous to address in a summary fashion. However, the following are two arguments that appear to have been consistently raised since Peltier's conviction in 1977.

MYRTLE POOR BEAR

The defense has alleged that the government fabricated evidence in several instances. One of those instances is the claim that the Myrtle Poor Bear affidavits were the result of undue pressure by FBI Agents on Poor Bear. The government has received criticism because Poor Bear's second and third affidavits were used in Peltier's extradition from Canada.

Poor Bear surfaced as a possible witness during the investigation. As a result, she gave three sworn affidavits. In the first affidavit she stated she was not an eyewitness to the murders but, Peltier had told her he had committed the murders. In her second affidavit, she claimed she was an eyewitness and provided more detail concerning the incident. In the third affidavit, Poor Bear provided still more detail. Poor Bear's second and third affidavits were used in Peltier's extradition from Canada. To extradite, a showing of probable cause is the legal standard that is required. Peltier's extradition was based on evidence other then Poor Bear's affidavits.

After Peltier's extradition from Canada, subsequent interviews of Poor Bear by the government established that she was incompetent to testify at trial. As a result, Poor Bear was never called to testify at trial, and therefore, her information had nothing whatsoever to do with Peltier's conviction.

THE SHELL CASING FROM THE TRUNK

The defense has alleged that the government fabricated the .223 shell casing recovered from inside the open trunk of Agent Coler's car. This shell casing was eventually matched to the AR-15 rifle recovered from Peltier's associates in Wichita, Kansas.

It was established through witness testimony that Peltier was the only individual carrying an AR-15, at the time of the murders. An AR-15 is a semi-automatic rifle capable of firing a .223 caliber bullet. The only other weapons capable of firing a .223 caliber bullet present at the crime scene that day were carried by law enforcement officers who had assembled later in an attempt to rescue Agents Coler and Williams.

Although there were a minimum of 125 bullet holes in the Agents' cars, there were only three shots which had been fired at close range. These were the shots used to execute the Agents. The shell casings from two of those shots were never found and had been removed from the area of the bodies prior to the arrival of additional law enforcement officers. One .223 shell casing, however, was discovered in the trunk of Agent Coler's car. It was missed by the person(s) who removed all of the other .223 shell casings from the area of the Agents' bodies. This shell casing was therefore crucial in establishing what weapons were fired at close range causing the Agents' deaths.

The shell casing was recovered by an Agent examining the car for fingerprints, rather than firearms evidence. As a result, the shell casing from Agent Coler's trunk was part of a second shipment of evidence sent to the FBI Laboratory.

The FBI Laboratory made a partial examination of seven .223 shell casings from the first shipment of evidence. These casings were government issue and could therefore be distinguished from those which were later associated with Peltier's AR-15. In addition, the AR-15 that had been recovered from the burned up vehicle in Kansas had an extremely smooth firing pin. The weapon that had fired the seven shell casings which were examined in the first shipment, on the other hand, left a very distinct firing pin impression. Because the initial comparisons of those seven shell casings were negative, the examiner turned his attention to other evidentiary items.

A laboratory report was written in October, 1975, which indicated simply that there were no matches with the AR-15 that had been recovered from the burned-up vehicle in Kansas, and later associated with Peltier. In fact, not all of the shell casings from the first shipment of evidence and none of the shell casings from the second shipment of evidence had yet been examined. As a result, the October, 1975, laboratory report could have been misinterpreted to exclude all .223 shell casings from matching the AR-15 recovered in Kansas.

The balance of the .223 shell casings (over 100) were not examined until December, 1975, or January, 1976, when the remainder of the first shipment of evidence was examined. At that time, the Laboratory did match the extractor marks from the .223 shell casing taken from the trunk of Agent Coler's car, and over 100 others found in the general crime scene area, with the AR-15 recovered in Kansas and later associated with Peltier.

A hearing was held in 1984, and the FBI firearms examiner testified for two days concerning the shell casing from Agent Coler's trunk and his subsequent reports. The short answer to the firearms issue is found in the Eighth Circuit Court of Appeals decision which affirmed Peltier's conviction the second time, which states, "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."

Legal History of the Case

On November 17 , 1975, Leonard Peltier, along with Darrelle Dean "Dino" Butler, Robert Eugene Robideau, and James "Jimmy" Eagle were charged in a federal indictment with two counts of first-degree murder and aiding and abetting.

During the summer of 1976, for reasons discussed earlier, Butler and Robideau were both acquitted at trial before the U.S. District Court in Cedar Rapids, Iowa. Charges against Jimmy Eagle were voluntarily dismissed by the government. Peltier was in custody in Canada fighting extradition.

Peltier was eventually extradited back to the United States. Following a five-week jury trial before the U.S. District Court in Fargo, North Dakota, he was convicted on April 18, 1977, of two counts of first-degree murder. He was sentenced on June 1, 1977, to serve two consecutive life terms in prison.

Peltier appealed his conviction to the Eighth Circuit Court of Appeals and his conviction was affirmed in 1978. A Writ of Certiorari was denied by the U.S. Supreme Court in 1979.

Following this initial appeal, Peltier made an armed escape from prison, was apprehended, tried and convicted in the U.S. District Court, for the Central District of California. He appealed this conviction and it was affirmed by the Ninth Circuit Court of Appeals in 1982.

In April, 1982, Peltier filed his first Habeas Corpus petition. It was denied in December, that same year.

Also in December, Peltier filed his first motion for recusal of U.S. District Court Judge Benson. That motion was denied.

Shortly thereafter, Peltier filed an appeal from both orders, denying the Habeas Corpus and Judge Benson's recusal and filed a motion to recuse the entire Eighth Circuit Court of Appeals. In 1984, the motion to recuse the Court of Appeals was denied and that court also affirmed the U.S. District Court ruling denying Peltier a new trial and the refusal to recuse Judge Benson. However, the Court of Appeals did remand the case back to the U.S. District Court for an evidentiary hearing on the meaning of an FBI teletype concerning findings of a firearms examination.

Peltier filed his next motion to dismiss Judge Benson in June, of 1984. The motion was denied by the District Court and Peltier sought review by the Court of Appeals, who affirmed the dismissal of the motion.

In 1985, the U.S. District Court denied Peltier a new trial as a result of the evidentiary hearing concerning the FBI Laboratory firearms teletype. He appealed to the Court of Appeals, and the District Court order denying a new trial was affirmed. In 1987, the U.S. Supreme Court again denied certiorari.

On December 3, 1990, a new Habeas Corpus petition was filed by Peltier with the U.S. District Court. The petition reargued points that had been previously litigated. Additionally, the defense asserted that the government had changed its theory of prosecution in its arguments before the Eighth Circuit Court of Appeals on the previous appeal.

The defense contended that the government had originally argued to the trial jury that Peltier was the person who fired the shots that killed Agents Coler and Williams execution-style. The defense charged, however, in the previous appeal the government stated for the first time that they could not prove beyond a reasonable doubt that Peltier was actually the murderer. The government had then proceeded under the new theory that Peltier was guilty as an aider and abettor of others in the murders.

In fact, Peltier had been originally indicted under Title 18, United States Code, Section 2, aiding and abetting, in addition to two counts of murder. The prosecutor presented the aiding and abetting theory to the jury in his closing arguments at trial. Finally, the jury received instructions from the trial judge concerning the aiding and abetting charges.

The U.S. Magistrate recommended dismissal of all issues raised by the defense except the change of prosecutive strategy argument. The U.S. District Court Judge agreed. A hearing was held in the fall of 1991, on the issue that the government changed its prosecutive strategy. As a result of that hearing the Magistrate issued a recommendation that there had been no change of prosecution theory from the indictment to present. On December 30, 1991, the U.S. District Court affirmed that ruling.

Peltier again appealed this ruling to the Eighth Circuit Court of Appeals. On July 7, 1993, the Court of Appeals dismissed the appeal attempt. Peltier's main argument that the government had changed its theory of prosecution was rejected by the court's review of the trial record. Other issues contained in the appeal were also dismissed as having been previously decided adversely to Peltier or having been bypassed on previous appeals.

Attorneys for Peltier filed a petition for rehearing before the Eighth Circuit Court of Appeals and the petition was denied.

Most Recent Legal Action

On May 6, 1998, the U.S. Parole Commission provided Peltier a full reconsideration parole hearing and all facts were considered. He was denied parole and the next full hearing was set for December of 2008. Every two years a status parole hearing will consider anything new to change the status of the December 2008 date.

On June 12, 2000, the U.S. Parole Commission conducted a status parole hearing and again Peltier was denied any change in his status with his next full reconsideration hearing to be set for December of 2008.

On January 20, 2001, President William Jefferson Clinton considered, but did not grant, Peltier's presidential pardon.

On February 25, 2002, United States District Judge Paul A. Magnasen ruled on Leonard Peltier's Rule 35 Motion to reduce his sentence from two consecutive life sentences to two concurrent life sentences. Federal Judge Magnasen found the Motion to be untimely and the justification failed to allege sufficient changes and circumstances to warrant the court's consideration. Peliter's Motion was denied.

On April 4, 2002, Peltier filed a civil lawsuit against former FBI Agents including the current FBI Director, Robert S. Mueller, III, and former Director Louis J. Freeh. Peltier alleges that the FBI and its employees violated his constitutional rights by objecting to his release from prison. The Government has filed a Motion to Dismiss and to date the Judge has not ruled.

On July 9, 2002, the U.S. Parole Commission conducted a status parole hearing looking for any change in circumstances to move up the December 2008 full reconsideration hearing. This hearing resulted in no change in that date.

On September 19, 2003, the Tenth Circuit Court of Appeals heard Peltier's Motion to Accelerate his full parole reconsideration hearing from December 2008 to an earlier date. Peltier alleges that the U.S. Parole Commission erred when it set his full reconsideration hearing date to 2008. The decision is still pending.

Accusations of government misconduct and claims that Peltier has not received fair treatment by the American justice system have continued since he was charged. A review of the legal defense afforded Peltier conclusively shows this is not the case.

Normally, a federal criminal defendant is entitled to a single court-appointed attorney chosen by rotation. Peltier received five lawyers, two as trial attorneys and three as investigators. All were chosen by Peltier, rather than the normal rotation process, and all were paid for by the government. The defense received almost double the normal number of preemptory challenges during jury selection. Peltier's lawyers were allowed to personally question the jury, which is highly unusual in federal criminal cases. The trial court provided daily transcripts of testimony to the defense, a very expensive measure which is rarely allowed. After his conviction, Peltier was allowed to dismiss four of his five trial attorneys and hire new ones for his appeals. Peltier's arguments have been presented repeatedly to a U.S. Magistrate, three U.S. District Court Judges, the Eighth Circuit Court of Appeals, and the Tenth Circuit Court of Appeals. The U.S. Supreme Court has twice denied requests to hear the case after reviewing defense arguments.
http://minneapolis.fbi.gov/peltier.htm

posted August 06, 2004 03:22 PM            

Thank you for posting the facts. I receive e-mail from AIM on a daily basis with updates on politics, pow wows..etc.. It always makes me cringe with the conversation or tone starts to lean towards making Peltier a Martyr. The guy was / is a criminal. Pine Ridge was not his first time at the Rodeo and it sickens me to think that people unfamiliar with the facts of the case have used his name as propaganda to once again point fingers at the government.

I am very supportive of AI rights - but I am also a realist. Just because one has American Indian blood does not mean we are all these peace loving, pipe smoking dreamers. Violence is violence and no one should be above the law.

Where are the people crying for the rights of those two agents that were killed under a hail of gun fire? There were doing their jobs and ended up being murdered as a result. Mr. Peltier is guilty and always will be, no matter how many people wish to brush the facts under the rug and make him their new "face" for whatever agenda they are promoting.

posted August 07, 2004 10:42 PM            

What in the world are you talking about? I am an educated person. I looked at the case and I studied it. It is important to me because I am an American Indian. Regardless of my race though, I must say a crime is a crime and a murderer must pay the price.

posted August 08, 2004 01:01 PM            

While I respect and encourage your opinion, I was really asking for information concerning the label "Retrograde Mentality" from Jaqueline. My desire was to understand where her comments came from and she is the only one that can provide that information. I am not asking in Malice or because I am angry, just curious.

Yes, you and I are from two seperate camps. While I do question the government and I do not beleive it is infallible. I do not believe that the justice department set up Mr. Peltier. He was a known criminal. Bullestics proved that his AR-15 was the one that fired at the agents. You cannot take just any AR-15 and say, "Since Mr. Peltier has one and we have an extra one here and bullets from an AR-15 struck the agents, ...Hey let's just say it belonged to him".

Bullestics is a science that studies, microscopically, the striations and rifling patterns each individual gun exhibits on the bullets and casings. As well as in the barrel.

Coming from a law enforcement family and knowing other childrens / spouses from those families (in state and local agencies) I KNOW it would never be enough to just "convict" someone and make them a scapegoat if one of our loved ones (or fellow officer) was killed in the line of duty. That offers no peace, no closure. I would fight to the bitter end if my father had been killed while on a drug buy. Any crook would not do, but the one that pulled the trigger would be the one that needed to face justice.

I am not so naive that I don't see the corruption in various agencies in various states. Each one is different. I took my criminal justice courses in Portland, OR while Chief Moose was still with the PD (He subsequently moved to Maryland and handled the sniper case, which my ex-husband was also involved). Portland PD is different in that they are a more proactive department, wanting to work with the community and form a strong forensics department with the state police. BUT, the southern Oregon Sheriff's department is still "good ol boy" and they run their own type of system.

Here in PG county they want to through out forensics all together. Talk about Chaos..people like Peltier will not even get the benefit of being cleared - instead the Good Ol Boy mentality will take over and people will be jailed until they get an analysis from the FBI or Maryland state police (that can take up to 1 year).

Forensics - DNA, drug analysis, computer analysis and bullestics - clear more people than it convicts.

So yes, I am more on the side of government - because there are so many branches. Because one is distrustful of the political bodies involved in government doesn't mean we should all distrust every one working for the government. In the same respect, no one should be like a Pollyanna and just accept everything the government has to say.

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"Lahn dádzaayú nahikai leh ni' nyelíí k'ehge," Goyathlay (Geronimo)

"Once we moved like the Wind"

posted August 09, 2004 12:52 AM            

quote:

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Maybe Jwhop would like to carry that theory one step further and say that I am an unpatriotic commie. []

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