Leonard Peltier Honor Page
Leonard Peltier is an Anishinabe/Lakota who was sentenced to two consecutive life sentences, and who today is incarcerated in the federal penitentiary of Leavenworth, Kansas, although there is NO PROOF AT ALL that he is guilty of any crime or offense whatsoever.

A page, where we hope, to show honor to our Brother.  Please feel free to contact Leonard and let him know that there are those of us who are thinking and praying for him.  Contact Leonard Peltier Defense Offense Committee (LP-DOC, P.O. Box 7488, Fargo, North Dakota 58106) and see what you can do to help.......


Leonard Peltier Defense Offense Committee
PO Box 7488
Faro, ND 58106
Phone: 701/235-2206
Fax: 701/235-5045
E-mail: contact@whoisleonardpeltier.info
Website URL: http://www.whoisleonardpeltier.info

Please continue writing to Leonard but be mindful of his situation and respectful of his personal affairs.

Leonard Peltier # 89637-132
P.O. BOX 1000

"Brother, our prayers and hearts are with you." SH
Why won't the FBI release Peltier files?

September 5,2006

("First published in Socialist Worker")

By Joe Allen

    LEONARD PELTIER, one of America's longest serving political prisoners, will
turn 62 years old September 12. He has spent 30 years of his life behind bars for a crime he didn't commit-in one of the most infamous cases of political persecution in modern U.S. history.

    On September 8, Peltier's lawyer Barry Bachrach will argue in federal court
for the full release of all files maintained by the FBI's Minneapolis office
relating to Peltier.

    Peltier was an active member of the American Indian Movement (AIM) in the
1970s. He was framed for the murder of two FBI agents on the Lakota Sioux
Pine Ridge reservation in June 1975.

    AIM was a major focus of the FBI's notorious Counter Intelligence Program
(COINTELPRO) of the 1960s and '70s, which attempted to "neutralize" the
leadership of civil rights and revolutionary political organizations.

    Two other AIM members, Bob Robideau and Dino Butler, were also
indicted with Peltier, but were found not guilty after a federal trial in July 1976.
Peltier, who had fled to Canada to avoid prosecution, was later extradited
to the U.S. and stood trial separately-he was found guilty of murder and
sentenced to life in prison.

    Peltier's extradition from Canada and trial in the U.S. was rife with
coerced testimony, manufactured evidence and prosecutorial misconduct.
Lynn Crooks, one of Leonard's prosecutors, admitted in 1985, "We can't
prove who shot those agents." Yet Peltier remains in prison because of the
determined-even fanatical-efforts of the FBI.

    So far, the FBI has released, partially or fully, 66,594 out of 77,149
pages related to Peltier's case. The other 10,555 pages were withheld from
Peltier's defense team and could potentially provide crucial information in
the campaign to free him.

    The FBI has refused to release the additional pages on the grounds of
"national security." Why a 61-year-old grandfather who has been behind
bars for three decades and is plagued by chronic illness is a threat to
national security has not been fully explained.

    A look at the Minneapolis FBI's Web site gives an idea of the agency's
strange view of the world-many times more space is devoted to Peltier and
AIM than to Osama bin Laden.

    In the waning days of the Clinton administration, when an effort was
made to secure a presidential pardon for Peltier, hundreds of FBI agents
responded by picketing the White House. Clinton backed away from a pardon. Since
September 11, federal prison authorities have refused media access to
Peltier. He has been unable to give an interview to the media in over five
years. Only his legal counsel and a small number of supporters and family
members can meet with him.

    The FBI's latest actions are symbolic of its 30-year persecution of Peltier
and his supporters-and are perpetuating a terrible injustice.

Note: Article by Joe Allen and "first published in Socialist Worker"

Leonard Peltier Defense Committee


The Leonard Peltier Defense Committee
Tuesday, August 16, 2005


August 15, 2005

Aho My Relations

On August 15, 2005 I was transferred to USP Lewisburg in Pennsylvania. Life has been extra difficult for me since I was transferred from Leavenworth. This system is designed to make one feel very powerless, and what they are doing with me now is definitely aimed to erode my body and spirit even more. My loved ones, and all of you, my friends and allies who continue to support me, keep me sane and hopeful.

They say that it is in times of crisis that one can really see who your real allies are. Those of you who have contacted the Terre Haute Prison and the Bureau of Prisons on my behalf, keep me in your prayers, and are supporting my Defense Committee, have made an enormous difference in my situation. I humbly thank each and every one of you, and firmly believe that your actions most certainly saved my life and prevented me from living in an institution that is well known for its extremely high crime and violence. Also, health problems continue to plague me and the conditions I was subjected to exacerbated them. I know deep within my heart, that if there had not been such an outpouring of support, concern and overall outcry regarding my arbitrary detention, I would have probably stayed in solitary confinement for an indefinite length of time, or worse I would not have survived in the general prisoner population. Although I have been forced to endure many hardships, I will never surrender, even if all that is left of me is my spirit. Your love and support inspire me to overcome everything.

I hope that here at Lewisburg I will be able to resume living in the general population, practicing the traditional ways and continuing with my artwork. My defense team is preparing to go through some major milestones. They need your support more than ever to re-establish our office and prepare for upcoming reviews and legal battles. Since Russ Redner, Paula Ostrovsky, and Toni Zeidan do not want to accept any salaries or remuneration of any kind, all of your donations will go directly to the office transfer and upcoming campaign.

I again want to express my sincere appreciation and tell you once more that without you I am not sure I could have survived this last month. Every day I think about and pray for a time when I will be among you, shoulder to shoulder, fighting for justice for my people and our Mother Earth.

In the Spirit of Crazy Horse
Leonard Peltier


Please contact USP Lewisburg to make sure Leonard regains all his hard earned prisoner rights, especially his religious rights, visitations, regular phone calls and ability to paint. Be polite and courteous, but let them know that a lot of us all over the world are concerned about Leonard’s wellbeing.



Phone: 570- 523-1251
Fax: 570- 522-7745

Also please continue writing to Leonard but be mindful of his situation and respectful of his personal affairs.

Leonard Peltier # 89637-132
P.O. BOX 1000

Federal Bureau of Prisons
320 First Street NW
Washington, DC 20534

As of 27 August 2006





Hi Folks,

Supporters should use this new address for writing to Leonard Peltier.
Please send him cards and letters to keep his spirits up !

Leonard Peltier # 89637-132
P.O. BOX 1000


Oglala Links Plus


American Indian Movemen
 Have You Thought of Leonard Peltier Lately?
The Lakota Oyate speaks regarding Anna Mae and the American Indian Movement  (I'm not quite sure what to make of this...I list it here for persons to make their own judgements)
~Below is an article discussing the sentencing of Arlo Looking Cloud, the man convicted of Anna Mae's death.  Has her killer come to justice, or is this just another situation of "someone has to pay"?) Read Dennis Banks' statement in the article following this one.~SH
Leonard Peltier/ The Case of Leonard Peltier
Official Website of the Leonard Peltier Defense Committee, Inc.
Remembering Wounded Knee



FBI Suppression of Indigenous Activists

in the 1970s: A Primer


Despite its carefully contrived image as the nation's premier crime
fighting agency, the Federal Bureau of Investigation (FBI) has always
functioned primarily as America's political police. This role includes not
only the collection of intelligence on the activities of political
dissidents & groups, but often times counterintelligence operations to
thwart those activities.

Although covert operations have been employed throughout FBI history,
the formal COunter INTELligence PROgram, or COINTELPRO, of the period from
1956 to 1971 was the first to be both broadly targeted & centrally directed.
The stated goals of COINTELPRO were to expose, disrupt, misdirect,
discredit, or otherwise neutralize those persons or organizations that the
FBI decided were enemies of the State.


At its most extreme dimension, political dissidents have been eliminated
outright or sent to prison for the rest of their lives. Many more, however,
were neutralized by intimidation, harassment, discrediting, & a whole
assortment of authoritarian & illegal tactics.

Neutralization, as explained on record by the FBI, didn't necessarily
pertain to the apprehension of parties in the commission of a crime, the
preparation of evidence against them, & securing of a judicial conviction.
Rather, the FBI simply made activists incapable of engaging in political
activity by whatever means.

For those not assessed as being in themselves a security risk but engaged
in what the Bureau viewed to be politically objectionable activity, those
techniques consisted of disseminating derogatory information to the target's
family, friends & associates, or visiting &
questioning them. False information was planted in the press. The
targets' efforts to speak in public were frustrated, & employers were
contacted to try to get them fired. Anonymous letters were sent by the FBI
to targets' spouses, accusing them of infidelity. Other letters contained
death threats. These strategies are well-documented, for example, in the
case of Martin Luther King, Jr. Records also show that activists in the
1960s were repeatedly arrested on any excuse until they could no longer make

In addition, the FBI made use of informants, often quite violent &
emotionally disturbed individuals, to present false testimony to the courts
& frame COINTELPRO targets for crimes the FBI knew they did not commit. In
some cases the charges were quite serious, including murder.

Another option was snitch jacketing where the FBI made the target look
like a police informant or an agent of the Central Intelligence Agency.
This served the dual purposes of isolating & alienating important leaders,
as well as increasing the general level of fear & factionalism in
the group.

Many counterintelligence techniques involved the use of paid informants.
Informants became agents provocateurs by raising controversial issues at
meetings to take advantage of ideological divisions; promoting enmity with
other groups; or inciting the group to violent acts, even to the point of
providing them with weapons. Over the years, FBI provocateurs repeatedly
urged & initiated violent acts, including forceful disruptions of meetings &
demonstrations, attacks on police, bombings, etc.

The full story of COINTELPRO may never be told. The Bureau's files were
never seized by Congress or the courts or sent to the National Archives.
Some were destroyed. In addition, many counter-intelligence operations were
never committed to writing as such, or involved open investigations making
ex-operatives legally prohibited from talking about them. Most operations
remained secret until long after the damage had been done.

The FBI has continued to use proven COINTELPRO tactics into the 21st
century. In fact, many such techniques are now overt, conducted under the
guise of Homeland Security & even codified in key pieces of legislation such
as the U.S. Patriot Act, the government's response to the September 11,
2002, attack on the World Trade Center twin towers in New York City.

What is AIM?

The American Indian Movement (AIM), an Indigenous rights group committed
to uniting all Native Peoples in an effort to uplift their communities &
promote cultural pride & sovereignty, was founded in 1968 in Minneapolis,

The FBI used all of the above COINTELPRO tactics against AIM, including
the wholesale jailing of the Movement's leadership. Virtually every known
AIM leader in the United States was incarcerated in either state or federal
prisons since (or even before) the organization's formal emergence in 1968,
some repeatedly. After the 1973 siege of Wounded Knee, for example, the FBI
caused 542 separate charges to be filed against those it identified as key
AIM leaders. This resulted in only 15 convictions, all on such petty or
contrived offenses as interfering with a federal officer in the performance
of his duty. Organization members often languished in jail for months as the
cumulative bail required to free them outstripped resource capabilities of
AIM & supporting groups.

In 1975, against the American Indian Movement in Pine Ridge, South
Dakota, the FBI COINTELPRO conducted a full-fledged counterinsurgency war -
complete with death squads, disappearances & assassinations - not dissimilar
to those conducted in third world countries such as El Salvador &

Who is Leonard Peltier?

Leonard Peltier is a citizen of the Anishinabe & Dakota/Lakota Nations
who has been unjustly imprisoned for nearly three decades.

When the government can select a person for criminal persecution because
of their political activity, when they can fabricate evidence against that
person & suppress evidence proving that fabrication, & prosecute a person &
put them in prison for any amount of time, let alone for life, then you have
a political prisoner. Accordingly, Amnesty International considers Peltier
a political prisoner who should be immediately & unconditionally

What led to Peltier's conviction?

It began in the early 1970s on the Pine Ridge Indian Reservation (SD),
when tensions between then tribal chairman Dick Wilson & the traditionalists
began to escalate. Wilson was pro-assimilation, meaning he believed Native
Peoples should discard their traditions to join mainstream American society.
Traditionalists, on the other hand, felt it important to maintain their
culture & land base. Wilson favored those who were pro-assimilation by
giving them jobs & other assistance while neglecting the needs of the
traditionalists who often lived in the worst poverty.

The growing conflict prompted traditionalists to join together with AIM
to protect their way of life. In response, Wilson joined with the FBI to
destroy the Movement the agency perceived as a threat to the American way of
life. The result was disastrous.

In 1973, local traditionalists & AIM occupied the Pine Ridge hamlet of
Wounded Knee to protest the many abuses they were suffering. (This was the
same site where, less than 100 years earlier, the horrific Wounded Knee
massacre was perpetrated against over 300 Lakotas, mostly women & children.)
Instead of listening to the Natives' grievances, the government responded
militarily, firing over 250,000 rounds of ammunition into the area & killing
two occupants whose deaths were never investigated. The occupation lasted
71 days & ended only after the government promised investigations into the
complaints. The investigations never materialized & conditions on the
reservation worsened.

After Wounded Knee, Wilson outlawed AIM activities on the reservation.
Traditionalists were not allowed to meet or attend traditional ceremonies.
Wilson hired vigilantes who called themselves Guardians of the Oglala Nation
(GOONs) to enforce his rules.

The three years following Wounded Knee are often referred to as the Pine
Ridge Reign of Terror because anyone associated with AIM was targeted for
violence. Their homes were burned & their cars were run off the road. They
were struck by cars, shot in drive-by shootings, & beaten. Between 1973 &
1976, over 60 traditionalists were murdered. Pine Ridge had the highest
murder rate in the United States. Scores of other people were assaulted.
In almost every case, witness accounts indicated GOON responsibility, but
nothing was done to stop the violence. On the contrary, the FBI supplied
the GOONs with weaponry & intelligence on AIM & looked the other way as the
GOONs committed crimes against members as well as supporters of AIM.

As the situation worsened, the traditionalists asked AIM to return to the
reservation to offer protection. Leonard Peltier was among those who
answered the call. He & a dozen others set up camp on the Jumping Bull
ranch at Pine Ridge, the home of a number of traditional families.

On June 26, 1975, two FBI agents in unmarked cars pursued a red pickup
truck onto the Jumping Bull ranch. They were ostensibly looking for Jimmy
Eagle, who had gotten into a fistfight & stolen a pair of cowboy boots.
Gunshots rang out. While mothers fled the area with
their children, other residents started to return fire. A shootout
erupted between the FBI agents & the residents.

Law enforcement immediately mobilized. Within a couple hours, over 150
FBI swat team members, Bureau of Indian Affairs police, & GOONs surrounded
the ranch.

Peltier helped lead a small group of teenagers out of the area, barely
escaping through the hail of bullets.

When the shootout ended, AIM member Joseph Killsright Stuntz (below) lay
dead, shot in the head by a sniper. His death has never been
investigated. The two FBI agents also lay dead - wounded in the gun
battle, then shot at point blank range.

Years later, through a Freedom of Information Act (FOIA) lawsuit, it was
documented that:

* the FBI had been closely monitoring AIM activities on & off the
reservation & had even been preparing for paramilitary law enforcement
operations on Pine Ridge one month before the shootout.

* the two agents had possessed a map that highlighted the Jumping Bull Ranch
& labeled the family's storage cellars as bunkers.

According to FBI documents, over 40 Native people participated in the
shootout, both AIM & non-AIM. Yet only 4 persons were indicted for the
deaths of the agents: 3 AIM leaders - Dino Butler, Bob Robideau, & Leonard
Peltier - & Jimmy Eagle.

Butler & Robideau were the first to be arrested & tried. The jury found
that Butler & Robideau were justified in returning fire given the atmosphere
of terror that existed on Pine Ridge during that time. Further, they were
not tied to the point blank shootings. Butler & Robideau were found
innocent on grounds of self-defense.

The FBI was outraged by the verdict. They dropped charges against Jimmy
Eagle so that, according to their own memos, . the full prosecutive weight
of the federal government could be directed against Leonard Peltier.

Peltier, meanwhile, had fled to Canada believing he would never receive a
fair trial. On February 6, 1976, he was apprehended.

The FBI presented the Canadian court with affidavits from a woman named
Myrtle Poor Bear who claimed she had been Peltier's girl friend & had
witnessed him shoot the agents. Peltier was extradited to the U.S.

However, Poor Bear had never met Peltier, nor had she been present at the
time of the shooting - a fact later confirmed by the U.S. Prosecutor.
Despite Poor Bear's subsequent declaration that she had given false
statements under duress, having been terrorized by FBI agents, Peltier's
extradition was not reversed.

How was Peltier's trial unfair?

Leonard Peltier was returned to the U.S. where his case was mysteriously
transferred from the judge who had presided over the trial of his
co-defendants to a different judge - one who made rulings that severely
handicapped the defense. Also, the FBI had carefully analyzed the
Butler-Robideau case and, this time, they were determined to secure a
conviction. The cards were stacked against Peltier & a fair trial was out
of reach.

* Myrtle Poor Bear & other key witnesses were banned from testifying about
FBI misconduct.

* Testimony about the Pine Ridge Reign of Terror was severely restricted.

* Important evidence, such as conflicting ballistics reports, was ruled

* The red pickup truck that had been followed onto the ranch was suddenly
described as Peltier's red & white van. (Agents who described the vehicle
as a red pickup truck during the Butler-Robideau trial could no longer
recollect their previous testimony.)

* The jury was sequestered & surrounded by U.S. Marshals at all times,
leading them to believe that AIM was a threat to their safety.

* Three young Native witnesses were forced to falsely testify against
Peltier after being detained & terrorized by FBI agents.

Still, the U.S. Prosecutor failed to produce a single witness who could
identify Peltier as the shooter. Instead, the government tied a bullet
casing found near the bodies to the alleged murder weapon, arguing that this
gun had been the only one of its kind used during the shootout & that it had
belonged to Peltier.

The above FOIA suit uncovered FBI documents that showed that:

* more than one weapon of the type attributed to Peltier had been present at
the scene.

* the FBI had intentionally concealed a ballistics report that showed the
shell casing could not have come from the alleged murder weapon.

* the agents undoubtedly followed a red pickup truck onto the land, not the
red & white van driven by Peltier.

* compelling evidence against several other suspects existed & was

Unaware of these facts, the jury convicted Peltier. He was sentenced to
two consecutive life terms. Peltier is currently imprisoned at the U.S.
penitentiary at Leavenworth, Kansas.

What has happened since the trial?

After many of the above abuses surfaced in the 1980s, the Peltier defense
team demanded a new trial. During subsequent oral arguments, the U.S.
Prosecutor admitted, ... we can't prove who shot those agents.

The appellate court found that Peltier may have been acquitted had
evidence not been improperly withheld by the FBI. However, a new trial was
denied on the grounds of a legal technicality.

In 1993, Peltier requested Executive Clemency from then President

An intensive campaign was launched - supported by Native & human rights
organizations, members of Congress, community & church groups, labor
organizations, luminaries, & celebrities. Even Judge Heaney, who authored
the above court decision, expressed firm support for Peltier's release. The
Peltier case became a national issue.

On November 7, 2000, during a live radio interview, Clinton stated that
he would seriously consider Peltier's request for clemency & make a decision
before leaving office on January 20, 2001. In response, the FBI launched a
major disinformation campaign in both the media & among key government
officials. On December 15, over 500 FBI agents marched in front of the
White House to oppose clemency.

On January 20, the list of clemencies granted by Clinton was released to
the media. Without explanation, Peltier's name had been excluded.

Mr. Peltier has served a significantly longer period of time than
normally would be served before a grant of parole in similar cases. Various
FBI agents, together with the U.S. Prosecutor, are present at parole
hearings to personally oppose Mr. Peltier's release. The U.S. Parole
Commission has made it clear that parole will not even be considered until
the year 2008 - when Peltier will have served twice the normal time
according to the Commission's own congressionally mandated
guidelines. No adequate reason has been given for such arbitrary &
discriminatory treatment. Instead, the Parole Commission has stated the
denial of parole is based on Mr. Peltier's participation in the premeditated
& cold blooded execution or the ambush of the two agents. Yet, there is no
evidence that Mr. Peltier ever fired the fatal shots. This has been admitted
to by the government attorneys themselves. At one parole 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 didn't commit.

Leonard Peltier has made remarkable contributions to humanitarian &
charitable causes during his many years behind bars. He sponsors an annual
Christmas drive for clothes & toys for the children of Pine Ridge, helps to
establish Native American Scholarship funds, assists programs for battered
women & substance abuse recovery, collaborates to improve medical care on
the reservations, & assists other prisoners in developing prison art
programs. Peltier also has adopted children in Guatemala & El Salvador. As
a result, he has received recognition & acclaim from many human rights
groups, including the Human Rights Commission of Spain & the Ontario
(Canada) Federation of Labour.

Mr. Peltier suffers from diabetes, high blood pressure & a heart
condition. According to an affiliate of Physicians for Human Rights, he
risks blindness, kidney failure & stroke in the future, given his inadequate
diet, living conditions, & health care.

Our concepts of justice & good government require that such tragic errors
of the past be set right.

We ask that you act now to secure Mr. Leonard Peltier's freedom.

2626 N. Mesa # 132
El Paso, Texas 79902

Phone - 915-533-6655

email: info@leonardpeltier.net

July 2005
~*~*~Their Myth of Freedom and Justice for All~*~*~

As Americans celebrate their myth of freedom and justice for all, Leonard Peltier is moved without warning or notification to Terre Haute, Indiana, USP and is held in solitary confinement at least through the long holiday weekend.

hawkman.jpg, image/jpeg, 358x450

At a time when this country seeks understanding for its obvious wrongs around the planet and cannot understand why the global village mistrusts it, the U.S. government is mistreating and using extraordinary domestic rendition upon the most beloved contemporary Native American warrior. Leonard Peltier, whom - again in defiance of the global opinion - this country refuses to acknowledge as a political prisoner, today sits in a tiny cell without windows and human contact as the American people prepare to celebrate their myth of justice and freedom for all.

After twenty nine years in prison for a crime he didn't commit he was moved without rhyme or reason, and without notification to his family and attorney, from Leavenworth USP to Terre Haute Indiana USP. He was immediately placed in solitary confinement, "the hole". Leonard is sixty years old, he suffers from arthritis, bone spurs, all the discomforts associated with diabetes, and recently had a stroke.

The Bureau of Prisons may argue that placing a transferred prisoner in solitary confinement is a routine procedure until all the appropriate paperwork is processed, but the timing of this action adds to its cruelty since it was carried out right before the long weekend preceding this 4th of July. In addition, this development comes at a time when Peltier?s legal team is successfully arguing very important motions and the US Courts might be obligated to release him. It is no too far fetched to imagine that to prevent his release, he is subjected to this psychological and physical torture in hope that it will break his body and spirit, and literally kill him.
As seen in the world stage today, the U.S. concepts of freedom fighters, terrorists, illegal combatants, murders, and battle casualties, are relative at their best, and duplicitous, deceptive, and capricious in their application. The same government that manipulated Canadian sovereignty and false affidavits to obtain the extradition of Leonard Peltier, our freedom fighter, today protects Jose Posada Carriles, a real terrorist, and denies his extradition to Venezuela where he was involved in the bombing of a Cuban airliner resulting in the murder of all its passengers. On the other hand, the ?crime scene? in which they have framed Peltier is a battle in which armed and trained US government combatants, illegally entered non-US territory, and attacked a group of armed civilians defending their land and families, and they, as well as one of those civilians (Joe Stuntz), became casualties of war. Why must then Peltier pay with his life?
Does the FBI feel any remorse for any of its victims: Joe Stuntz, Buddy Lamont, or Frank Clearwater? How about Pedro Bissonette or the Jimmy Little Incident? Both murdered by US backed forces, using deadly force, and bludgeoning Jimmy Little in front of his family. His son Jimmy, Jr. witnessed this terrible act and when he reached 21 committed suicide--a note revealed that he missed his Dad and saw no reason to live. Jimmy, Jr was an Olympic cross-country talent when he was at Loneman School as a 7th grader. He was the next Billy Mills but the trauma of the US invasion and its violence killed him before he had a chance to mature, he really was dead before he lived.
Who pays for our dead? Or are our lives still as worthless to the American people as when they would pay money for our skins red with our blood (hence the term redskins so celebrated by this culture). Our wounds are deep, and the torment that created them is unforgettable. We know we cannot go back in time, but what can be done today is to put an end to the assault on indigenous people, that has been taking place without reprieve since the beginning of this country. Enough is enough America! Basta ya! Honor our treaties, stop taking and destroying our land and resources, respect our sovereignty and our culture, rectify the language of your history, and free our warriors! Free Peltier!

Wanbli Watakpe aka Russ Redner
Executive Director, LPDC

Paula Ostrovsky
Media PR Officer, LPDC
What can you do to help Leonard?
Send letters to Congress people Senators and politely demand Leonards Freedom. Local media coverage is another way to educate people about this political injustice towards Leonard Peltier contact the LPDC chapters for assistance.
We are asking anyone and everyone to get on the phones and get out their pens and paper. Let's flood the telephones with calls regarding Leonard! Let's stuff their mailboxes with letters about Leonard! Urge the prison to allow Leonard to contact his family as soon as possible. Ask how he is, ask where to write, ask if he's OK, ask about his health, his privileges (phones, letters, visits, religious
rights, ability to paint, etc.) inquire as to his safety-anything-just keep calling and let the prison know that the entire world is watching and is concerned about Leonard.
Please be sure to be courteous and professional, as LPDC does not wish to complicate Leonard's situation.

The Leonard Peltier Defense Committee, Peltier Legal Team and Leonard's
family are working hard to ensure Leonard's safety and they will keep you informed as
things develop.

Mitakuye Oyasin.




Phone: 570- 523-1251
Fax: 570- 522-7745

Also please continue writing to Leonard but be mindful of his situation and respectful of his personal affairs.

Leonard Peltier # 89637-132
P.O. BOX 1000

Federal Bureau of Prisons
320 First Street NW
Washington, DC 20534

House Of Represenatives



From: info@leonardpeltier.org

Answer to Ed Wood of No Parole for Peltier Association
concerning Leonard's Peace Prize Nominations


Once again, the P.R. machine that is Ed Woods and his FBI agent
brotherhood, under the guise of the "No Parole Peltier Association"
have shifted their propaganda steamroller into high gear. Its hard to
fault them, though, for seizing on an opportune moment. At a time when
the so-called Patriot Act , a twin brother to the Bureau's beloved and
illegal COINTELPRO activities, actively quashes dissent in this

At a time when the American Indian Movement and apparently all American
Indians with political sensitivities are going on trial for alleged
offenses, some occurring a generation or more ago: At a time when
Leonard Peltier is once again registering on the radar screens of human
rights organizations around the world: You know its time for the highest
law enforcement agency in the land to rev up their engines and burn
rubber. It is their legacy after all, and old habits are hard to

Apparently, the latest round of double-speak has been issued in response
to Mr. Peltier's nomination for the Nobel Peace Prize. This has
illicited a Pavlov's dog response, that in this writer's mind, appears
slightly rabid in nature. The nonsensical diatribe asks:

"one question remains, was Peltier ever actually "nominated" for the NPP
previously, and if he was, does it really matter?"

Aside from Mr. Agent Woods seemingly carrying on a conversation with
himself, one has to wonder why he would do so with such mundane subject
matter. Later, after forcing the mildly interested reader to slog
through another one thousand, three hundred, and eleven words
(1,311), he finally admits:

"But then, does it really matter?" The answer is no.

So, I'm a little confused here, I just wasted a good five minutes of my
time to see you answer your own irrelevant question. What gives? I mean,
its obvious this is yet another anti-Peltier rant, but did you really
need to go into such convoluted circular prose to do it? Could there be
another purpose aside from your usual Peltier venom spewing? Then I went
back and read more carefully. Yes & yes I think I've found it. Smearing
Peltier isn't enough. I mean, God forbid he might actually be in the
running to win the most prestigious and famous peace award the world has
ever known. If that is so, what you seem compelled to do, in fact what
you MUST do to successfully nurse your smut campaign, is engage in a
little pre-emptive spin control. Or is it damage control? I guess there
are those, who if you convince them that the Nobel Prizes nomination
process really is a fundamentally illegitimate endeavor, then you can
cast doubt on the awards significance, and therefore all associated
with it. Is this what you intend to do?

"but the nominating process is embarrassingly flawed. As it turns out,
just about anyone can nominate just about anyone."

This almost made me cough up my Ovaltine. What would you prefer, a
process you or your F.B.I. buddies can control? Would you extend your
long arm into this arena as well? Are state controlled peace awards
preferable to an open and free nomination process? Are you seriously
suggesting the prize has no credibility? Would you impugn the world wide
peaceful impact of such Nobel laureates as Jimmy Carter, Nelson Mandela,
Dr. Martin Luther King, jr., and (the woman whos name you misspelled)
Rigoberta Menchu Tum?

But attack-dog Wood doesn't stop there. Apparently, former United States
Attorney General Ramsey Clark is on the hit list as well:

"the notoriously infamous Ramsey Clark"

Notoriously infamous? Such drivel is usually reserved for
mass-murderers, child molesters, or multiple rapists. But Ramsey Clark?

Me thinks thou dost protest too much.

And the hit parade continues.

"the No Parole Peltier Association wrote a number of letters to likely
individuals who would have been in a position to nominate Peltier."

"No one replied."

Despite the fact that he later identifies the nominators, the
implication here appears to be that Peltier was not, in fact nominated.

Umm, Agent Woods, I've got a news flash for you: If you had written me,
I likely wouldn't have responded either. I don't respond well to
witch-hunts. Nor for that matter, suppression of my God-given right to
nominate who I choose, for what I choose, anonymously-if I choose.
Nor do I surrender my right to read what I want, to think what I want, or to
say what I want. Write me an inquiring letter about all of those and you
can interpret my non-response as you choose, but don't kid yourself-I
might also choose not to make myself a target of state sponsored

Even the Belgium IPF is not immune:

"their motives are twisted; not to remind everyone of an important
issue, but to embarrass; not to educate, but humiliate; not to inform,
but politicize; in a word, to propagandize. Their effort then takes on a
clearer purpose, a translucent agenda to further attack the U.S. from
abroad. The IPF's efforts further the en vogue attitude of
America-bashing by utilizing Peltier."

So, to highlight Peltiers continued incarceration as a political
prisoner, and to draw a correlation to all issues Indian in nature is
America-bashing ? Are you that incapable of hearing the truth about
Indian people, and Indian issues?

And I love this:

"If these people are so interested in American history then we should
tritely remind them of the obvious  the thousands of American
servicemen who died to liberate Europe which now avails them of the
freedoms they so easily and ungratefully abuse."

I thought the theory that America had invented freedom was long ago
debunked. Ditto that the world is beholden to America, to the point of
turning a blind eye to injustice. The arrogance needed to put forth such
hubris is stunning.

But, at least there is some truth to Agent Wood's latest soap box

"This discussion of Peltier and the Nobel prize may appear mean-

Can you say, understatement? I thought you could.

The fact that his (Wood's) great-grandfather was a full-blood only adds
to the concerns for those innocents who suffered, and continue to suffer
on substandard reservations.

Oh Lord, I don't know whether to laugh or cry at this one. But your
overwhelming concern for Indians is duly noted. I guess that's why we've
heard your voice so loud and clear on the disproportionately high
incarceration rate of Indians, the ongoing Indian health care crisis,
the Cobell lawsuit regarding 15 billion dollars of stolen Indian trust
fund monies, United States interference in Indian governance, violated
treaties, land disputes, ongoing forced removals, housing shortages, and
sub-standard education on reservations, so on and so forth, ad
infinitum? I've never seen the F.B.I. picket the capitol in support of
any Indian causes. But I did, however see you and your buddies in the
rain trying to intimidate the Executive branch into letting Peltier rot
in prison. Where were you during the cascade of events that led to
Peltier's incarceration in the first place? Where was or is your concern
when Indians were or are starving, poisoned, removed, murdered, and
terrorized? Excuse me if I'm not overly moved by your love of Indian

"Peltier is not the right symbol to either seek long-term reconciliation
and healing, or true reparations."

I would think that we Indians would have at least some say in what is
and is not needed for reconciliation and healing. That is, after all,
the true spirit of reconciliation isn't it-both parties being heard?

Your and yours continue to talk, but not to hear. We in turn have heard
so much, and have seen so very little.

In fact, there is not a more clearly defined symbol of Indian oppression
than Leonard Peltier. As such, there would be no better catalyst for
better relations between our nations than to see him freed. In fact,
this writer would suggest that there can be no such dialogue about
better relations until Mr. Peltier finally breathes the sweet oxygen of
freedom. Maybe winning the Nobel Peace Prize will be the necessary first
step towards making this happen. In any event, your insecurity is
showing. You cannot put chains around an idea, a dream, or a cause.

Nor can you chain Leonard's spirit. He will be free.

Lawrence Sampson

Delaware/Eastern Band Cherokee

Spokesperson for Leonard Peltier


Many of the entries below came from the 'Leonard Peltier Forum'.

Leonard Peltier International Forum

Subject: [nwpeltiersupport]
Leonard Peltier Speaks on the Occasion of the 30th Anniversary of
the Jumping Bull Shootout
Date: 6/28/2005

Hau Kola,

I know this is a dictated speech that is going to be read to you,
however, I want to speak to you as if I were there, or should I say.here
with you. Every year someone or some people at Oglala remember the
sacrifices of the people who were there trying to make a difference for
our people. And every year I remember the ones who aren't with us, the
ones who can no longer be with us, and the sacrifices that they made.
Sometimes I'm at a loss for words for the heartfelt appreciation I have
- that you would remember all of those that gave their lives - as Joe
Stuntz did; and, all of those who continue to strive in so many
different ways to serve the people.

I deeply regret that I can't be there with you. But yet in a way, I
have to count my blessings. I have lived to see changes take place for
our people. Though they are not as good as I would wish, there have
been changes brought about by Joe Stuntz and others who have sacrificed
in some way for our people. As I said, I have to be grateful because,
although in a limited way, I have had the chance to get to know my
children, some of my grandchildren, and they in turn have gotten to know
me; something that my brother Joe and so many others who lost their
lives fighting for the people, did not have an opportunity to do.

When I first came here, I was considered a young warrior and now within
my circle, I am looked upon as an Elder- Something that hopefully all of
you will come to be a part of in your lifetime. I had a friend once, an
Elder who has since gone on, who once said to me that every person that
he had consulted with on their death bed had spoken of the Creator and
their family. That became the highest priority in their life and what
was left of it. And he spoke to me of many because he had been an
emergency room technician at one time. In thinking and remembering
this, it always reminds me of the Sundance and the Sweat lodge and how
the extremes of pain and sacrifice always seem to bring those same
concerns to mind. Each of us - from the day we are born, to the time
that we pass on, should remember to talk to the Creator and pray for our

Forgive me if I sound a little sentimental or dramatic, but I've
experienced thirty years of dying, thirty years of hearing that some of
my relatives have gone on, thirty years of praying for our people, and I
am so grateful that the Creator has allowed me to talk to you in some
way and let you know that you are my family. You are my relatives. You
are my young warriors and my Elders. And, if I am remembered for
anything at all, I want it to be that I never gave up - for you. I want
you to know that I have faith in you, that one day your efforts will
bring about a stronger nation; a nation where alcoholism, diabetes,
suicide, and poverty do not control the lives of our people.

I know lately there has been a lot of concern and rumors about various
individuals who have collaborated in some way with the government
against their own people, people who are giving away some of our
sovereignty; giving away our right to determine our own destiny and to
handle our own affairs. With this in mind, I want to encourage you to
remember always who we are and I want to ask you to remind yourselves
that this is our land, given to us by the Creator, and our freedom was
given to us by the Creator. The forest, the trees, the animals, the
prairie - were all given to us by the Creator. No man of any nation or
color or origin has the right to take that away. We have the right,
given to us by the Creator, to resist; to protect our own; to stand firm
on the principles and the teachings the Creator has given our people for
thousands of years.

We are a beautiful people; we have a beautiful culture, and we should
seek to join with all our brothers and sisters and relatives of other
Indigenous nations who are faced with the same dangers of loss. There
is an old Cheyenne saying I once heard that a Nation is never defeated
until the hearts of it's women are on the ground. The hearts of our
women may be low, but they are not on the ground and I damn sure ain't
gonna let it happen on my shift. I love you to the nth degree. I
always will. You will always be in my prayers. Do what you can, where
you can, from where you stand and - to quote Sitting Bull - let's see
what kind of nation we can make for our children. I don't say I love
you easily but I want you to know that I love you - my heart is with you
and never, never, never .give up !

Before I finish, I want to say thank you, though I was told by an Elder
that it was better to show your thanks with your deeds and your gifts,
rather than just speaking it with your mouth. I apologize that I have
nothing to give but I want you to know that you have my prayers, my
thoughts, and what is left of my life. I will always be with you.

Your relative!

In the Spirit of Crazy Horse,
Leonard Peltier


As of 27 August 2006:





Grand Forks Herald
Posted on Thu, Jun. 16, 2005

Peltier lawyers seek release

By Dave Kolpack
Associated Press

FARGO, N.D. - A lawyer for imprisoned American Indian activist Leonard
Peltier argued Wednesday for his release, saying the federal
government did not have the right to try him for crimes that occurred
on a South Dakota reservation.

Peltier, 60, is serving life in prison for the killing of two FBI
agents during a 1975 standoff on the Pine Ridge Indian Reservation. He
was convicted in Fargo in 1977 and has filed numerous appeals.

"He's amazing at holding out hope," defense attorney Barry Bachrach said.

Peltier's lawyer claims his sentence is illegal because the federal
court had no jurisdiction on the reservation.

"The court had no federal offense before it and it had no federal
jurisdiction," Bachrach told U.S. District Judge Ralph Erickson.

Assistant U.S. Attorney Scott Schneider said the claim is frivolous.

"The law applies everywhere to everyone, regardless of the site,"
Schneider said.

A ruling is expected within two months, Bachrach said.

Peltier was convicted of killing Ronald Williams and Jack Coler during
a standoff on the reservation and received two consecutive life
sentences. The agents were shot in the head at close range and their
bodies were left on a dirt road.

Supporters have said Peltier was treated unfairly because of his
political activism.

Peltier, who has a history of diabetes and recently suffered a stroke,
listened by speakerphone from federal prison in Leavenworth, Kan. He
talked briefly after lawyers had finished, complaining that the
government continues to change its story about his role in the killings.

Bachrach also told the judge that a recent court ruling on sentencing
guidelines shows the court exceeded its authority in handing down two
consecutive life terms.

About 30 people attended a protest rally outside the courthouse before
the hearing. Paul Schultz, a tribal elder from the White Earth
Reservation in Minnesota, told the crowd that Peltier should have gone
to tribal court, "if he needed to go to court at all."

"Today we stand here in solidarity," Schultz said. "One of our
brothers is still in the iron house."

© 2005 Grand Forks Herald and wire service sources.

[In accordance with Title 17 U.S.C. section 107, this material is
distributed without profit or payment to those who have expressed a
prior interest in receiving this information for non-profit research
and educational purposes only.]



Leonard Peltier Defense Committee: Leonard's defense team returned in
person to Fargo this week (June 15, 2005).

Peltier Defense Committee

Breaking News and info directly from the Offices of the Leonard
Peltier Defense

CommitteeThis blog maintained by and property of The Leonard Peltier
Defense Committee

Wednesday, June 22, 2005

Leonard's defense team returned in person to Fargo this week (June 15,

It has been nearly 30 years since Leonard was a captive in Fargo.
Years later after the trial, Amnesty International declared that Mr. Peltier is a
political prisoner.

About three weeks ago, Mr. Barry Bachrach, Leonard's counsel,
contacted me stating that Leonard had given my name to him. Mr. Bachrach said he
was not getting cooperation from the federal court in securing a certified
copy of the jury decision in the case of North Dakota C77-3003. It turned out to be
relatively straightforward for me to get the copy. Because the case is
nearly 30 years old, I expected that it would take a fair amount of time to find it.

At the clerk's office , I stated that I was looking for a copy of a jury
decision from 30 years ago and was told that it would be housed in the
Denver archives. I mentioned that it was the Leonard Peltier case and the
clerk said, "Oh, we have that here. Have a chair and I will get it and make a copy
for you."

I found it interesting that the case of Leonard Peltier would be easily
recognizable by someone, who may only have been born about 1977 or
perhaps 10 years prior. It took about 10 minutes. She apologized when she came
back and said she had to wait because a judge was using the library.

I went to the hearing this week. We listened to the federal prosecutor
explain how many angels can dance on the head of a pin. At the end of the
hearing, Leonard, who had been listening by phone, asked if he could speak. I
watched the body language of the judge. He seemed surprised. He hesitated for a
fairly long time; for what reason, only he really knows. Leonard reminded the
judge that Mr. Crooks, who was present at this hearing, had admitted (at a previous
hearing or challenge to the conviction) that the government convicted on the
basis of aiding and abetting.

I saw the certified copy of the jury decision with my own eyes and it
definitely reads first degree murder on two counts. There is nothing about aiding
and abetting. You have to dance angels on the head of a pin to draw that

To convict, someone has had to manufacture evidence, which the Peltier
defense team has shown to be the case through the Freedom of Information Act
over these many, too long years for Leonard. To keep Leonard in prison, those
agents of our government keep jigging and rigging the dancing angels.

I remain convinced the trial was rigged. I wrote the following piece
in 1977. It was intentionally written with very stark contrasting words of contextual
meaning. In 2005, someone may be offended by them. You also must
remember that when this was written, none of the Freedom Of Information Act files
had been released. The description of the vehicle that I wrote about in 1977 is
what was placed into my mind by the prosecution and into the minds of the
jurors. That description was wrong because the prosecution and Judge Benson made
sure that no one that day understood what kind of vehicle Leonard drove.

These words are offered with the request that you will work hard for
the release from prison of the One Who Stood Alone.

He Stood Alone

Two duly-sworn law enforcers, who were white, are now dead. Led by an
all white prosecution team, one red man now stands convicted by an all white
jury. The cause is racism. The issue remains the treaty obligations signed by
the U.S. Congress and the Headmen of the Oglala Nation of 1868.

A racist remark in a bar. The theft of a white man's cowboy boots. The
warrant for the arrest of a 15 year old reservation male. Violence on the
reservation repeated--this time one red and two white die.

Who owns the water? Who owns the precious ores-the coal and uranium?
Liberal or conservative bears no relationship to who controls the land.

The red-skinned people came to Fargo to support a brother in his
trials. They pray for him. The white press, in a photo caption, labels the prayer
ceremony a prayer demonstration. Here again, a failure to understand cultural
differences fosters the cause of racism.

The issue remains the treaty obligations. The courts from time to time
have spoken. Over the years, case by case, native peoples have retained
their rights before the law as obligated by the U.S. Congress.

Testimony and then the counter testimony--the adversary system in action.

Your Honor, the agent's own radio transcription, as monitored by
another law officer, states that there was a red pickup truck present at the start
of the shooting.

OBJECTION, your Honor.

Counsels will approach the bench. Bailiff, dismiss the jury. Objection
over ruled. Counsel for the defense will refer only to a red vehicle. Bring
in the jury Bailiff.Leonard Peltier drove a red AND WHITE VAN.

Your Honor, the agent who was under fire radioed a message, which was
monitored by another law officer, stating that he would be killed if fellow
officers did not direct protective gunfire onto the top of the hill.

OBJECTION, your Honor.

Counsels will approach the bench. The jury is dismissed. Objection
sustained. Bailiff, bring in the jury.

Leonard Peltier, according to the government theory, raced ahead of agent
Williams in his red vehicle (red and white van) stopped the vehicle
(van) on the road ahead of the agent's vehicle (car) and got out firing. He did not
fire from the top of the hill according to the government's own theory.

Was it racism that caused these deaths. Was it racism that caused this
conviction. The issue remains the treaty obligations.

Who owns the land, who owns the grazing rights on that land, who
profits from ranching, who controls the precious resources?

In an all white court room--judge, jury, prosecution, defense and
media--on advice from the U.S. Marshal, the judge bars Leonard Peltier's wife and
children, mother and father, sisters and brothers from hearing the
verdict read.

Guilty in the first degree. Pre meditated with malice and forethought,
and there was no living blood relation to turn to and share that moment. He
stood alone.


27 August 2006 :




Subject: Leonard Peltier statement on the passing of Dave Chief
Date: Mon, 13 Jun 2005 17:27:23 -0400
From: info@leonardpeltier.org

Dear Brothers, Sisters, Friends, Supporters, and All Peoples,

Today we mourn the loss of David Chief, a long time spiritual
advisor and spiritual force for the Lakota nation. He was a man
committed to his culture. He was a man of utmost respect. He has left a
legacy that we all should follow. My condolences go out to the family
and all of our people. I pray that we unite to continue on the path he

In The Spirit,

Leonard Peltier


Subject: Dave Chief - Obituary by his family

Dave Yakima Chief

Dave Yakima Chief (Wakinyan), age 74, journeyed to the spirit world on
Friday evening, June 10, in Medford, Oregon surrounded by family. A
respected Lakota elder, warrior, spiritual advisor, and member of the
Oglala Sioux Tribe, Dave was born on June 25, 1930 at Rapid Creek,
South Dakota. He grew up at Red Shirt Table on the Pine Ridge
Reservation. His parents were Albert Chief and Hattie Fills the Pipe
Chief. Dave worked for the people and for treaty rights for decades,
traveling to the United Nations, the White House, the U.S. Congress,
and other continents. In 1972 Dave participated in the Trail of Broken
Treaties, which culminated in the takeover of the BIA in Washington,
D.C. In 1978 he was in the Longest Walk from Alcatraz Island to
Washington, D.C. that brought about the Freedom of Religion Act (P.L.
95-341), allowing Native people the legal right to practice traditional
spirituality. In 1984, he ran in the Jim Thorpe 54-day run from the
Onondaga Nation in New York to Los Angeles, after which Jim Thorpe's
nine gold Olympic medals were returned to his family.

Dave served for many years as the spiritual advisor to Leonard Peltier,
political prisoner, traveling around the country in this capacity. For
over twenty years, Dave worked with Arvol Looking Horse, the 19th
generation keeper of the Sacred White Buffalo Calf Pipe, and served as
his spiritual advisor since the death of Arvol's father, Stanley
Looking Horse. Dave supported Arvol in his work for world peace and
protection of sacred sites. Dave said that his job was "to pray for the
people." Dave stressed the importance of daily prayer, respect,
service, and honoring the seventh generation.

Gratefully sharing his life were his wife Mary Jane of Ashland Oregon,
sons Waverly of Rapid City, Burton of Porcupine, Martin (and Irene)
Lechuga of Eagle Butte, and Wakinyan of Chico, CA., one daughter, Wase
of Chico, stepchildren Sarah Cedar Face (Reuben Elias) and Jessica
Cedar Face (Benjamin John) and countless grandchildren and relatives
that loved him. He was proceeded in death by daughters Doris Chief and
Arlene Chief and an infant son.
Wake is scheduled for Thursday and Friday, June 16 and 17, at the Red
Shirt Table Gymnasium. Traditional services are planned for Saturday,
June 18 with burial at St. Bernard Catholic Cemetery at Red Shirt Table.



Subject: [nwpeltiersupport] Leonard Peltier - Statement to Supporters
June 10,2005

Dear Brothers, Sisters, Friends, Supporters, and All People,

I want to thank you all for your continuing support. These are
important times for us all. Now is the time for unification. Only
through unity can we overcome.I ask all of us, my brother and sisters,
all people, please come together as one and work together hard for the
rights of all. On this Wednesday, one of the most important hearings in
my case will be presented in Fargo, North Dakota.It challenges the
court's jurisdiction to have illegally sentenced me. I was never charged
with a crime over which the United States had jurisdiction.The charges
and conviction violate our sovereignty.This hearing can lead to my
freedom. But, I will leave it to my lawyers to present these issues to
the court and any of you who have questions may of course call upon
them. Barry Bachrach and Michael Kuzma have worked hard for my freedom,
as have so many of you, too many to list.I remember you all and hope to
join you soon. I especially want to thank Michael Kuzma for his hard
work in relentlessly pursuing the government to produce to us the over
140,000 documents which have yet to be produced, after nearly 30 years
of obfuscation. I hope you will all support this hearing and the cause.
I hope to be free so I can even more effectively assist and give back to
all of my people for the outpouring of support that you have given me
through these so many years.Let's pray that this time I am given the
justice due our people.

I also want to acknowledge another significant event which will
occur on June 26,2005, the 30th anniversary of the firefight on the
jumping bull property. We did not start that war. We stood as brave
warriors simply trying to protect the elders and the traditionals who
did not wish to lose their identity to the forces conducting a war upon
them. All of those who participated that day were warriors. I, along
with all of you, mourn the death of Joe Stuntz who valiantly sought to
protect our people. We mourn the many people who died during the Reign
of Terror. We mourn that the fight continues. The forces attacking us
have not stopped.However, this anniversary should not only be a day only
of mourning, but a day to reinvigorate our people's efforts to achieve
the rights and justice to which we are all due. Today, many of our
people are being unjustly placed in prison. The government has turned
the prisons into one of the largest reservations in this Country.Our
people are not treated with the respect we are due. These injustices
must stop. We must unite and speak as one to stop the injustices facing
our people. Remember, unity. Unity conquers all. My prayers are with you
all on these important days. I pray to be with you soon to help.

In the Spirit,

Leonard Peltier


[message forwarded by Harvey Arden. Thanks!]

From: Matthew Walton
 Tuesday, June 07, 2005 6:12 PM
Subject: ~New Opera, Sundance, based on trial and incarceration of
Leonard Peltier.

xmi events.com

We are proud to bring you Matthew J. Walton's new opera, Sundance,
based on the trial and incarceration of Leonard Peltier. For more
information about the opera please contact matthewjwalton@yahoo.com

Webcast Info
Advance payments are accepted. If you pay and login before July 8, a
test video will launch. If you're unable to view the test video, click
the Help link on the right.

The webcast will be available for live viewing. Archives will be
available for one week after the event. Webcast payments grant access
to both the live event, and the archive.

The live opera webcast will cost $5.

How to pay
Click the appropriate link, and create a username and password in the
New User Signup. When you hit "Signup", you'll be prompted for
payment. Payments from PayPal accounts take 3-4 days to authenticate,
so we recommend using credit cards.

How to view
You must have a Windows Media Player, which is available for free
download here:
http://www.microsoft.com/windows/windowsmedia/mp10/default.aspx .
We recommend WMP 10, the newest player, but if you have WMP 9 don't
the newest player. WMP 9 works as well.

To access the webcast, click the appropriate link on the right. If you
have already paid, enter your username and password, and the media
player will launch. If you haven't paid, you'll be prompted for payment.

Enjoy the show.

Cazenovia Theatre
Cazenovia, NY
July 8, 8:00 PM EST


* * *

Premiere of Opera on Leonard Peltier

From: "Matthew Walton"
Date: Tue, June 7, 2005 3:17 pm

Please forward far and wide. Even if you're not in the upstate NY
area, you can still check out the webcast!

World Premiere of an Original Opera
Based on the events leading up to the trial and incarceration of
Leonard Peltier

July 7th and 8th, 2005 8pm
Cazenovia College Theatre

Music by Matthew J. Walton
Libretto by Leonard Walton
Directed by Victoria Harder King!

Tickets $15 Students/Seniors $12 18 & under Free

Presented by the Syracuse Society for New Music

For Reservations call 315-655-STAR

Any other questions, please email matthewjwalton@yahoo.com

Even if you can't come to see the performance, you can still be a part
of the world premiere of Sundance because the July 8 performance will
be broadcast live on the web!
Please visit www.xmievents.com to learn more about how you can
subscribe to this broadcast.

~Please distribute widely. With YOUR help we CAN reach the whole world!~




June 5, 2005

Leonard Peltier Defense Committee



As Mark Felt, one of the main responsible FBI officers overseeing
illegal counterintelligence programs targeting the American Indian
Movement and other groups in the 60s and 70's, is hailed as a hero for
catalyzing the toppling of the Nixon administration, Leonard Peltier
approaches his fourth decade of unjust imprisonment.

Today, from the perspective of the U.S. government, everything is
excusable in the war theatre, even as the world questions U.S.
policies and actions that point unequivocally to human rights abuses.
A puppet government, people murdered and terrorized, that was the
climate in the Pine Ridge reservation in 1975 when two FBI agents were
killed in a shootout. Leonard Peltier and fellow warriors responded to
the call for protection from the Oglala Lakota people, but he was
blamed for the deaths of the agents and is serving two consecutive
life terms for that.

However, his defense team has been granted a hearing to correct his
illegal sentencing. The basis for this motion is that the United
States District Court lacked subject matter jurisdiction under the
statutes upon which Mr. Peltier was convicted and sentenced. The
statutes in question require that the crime take place "within the
special maritime and territorial jurisdiction of the United States".
Since the deaths of the agents occurred on the Pine Ridge Indian
Reservation which is neither "within the special maritime [or]
territorial jurisdiction of the United States", the Peltier defense
team is asking the Court to grant Mr. Peltier's motion and vacate the
illegal sentences imposed upon him. If the Court does not recognize
the Pine Ridge Reservation as sovereign "then one must wonder, what
does sovereignty mean?" stated Barry Bachrach, attorney for Leonard
Peltier. "Sovereignty seems to be a concept that is given merely lip
service. It is raised when the government does not want to get
involved, and infringed when the government wants to take action." As
Bachrach further stated, "This hearing is important because Mr.
Peltier was never charged with crimes over which the United States had
jurisdiction. The history of the constitution, and the statutes
implicated, unequivocally establish that Mr. Peltier was not convicted
under the Indian Crimes Act, which is the only possible authority
under which the government could have tried and convicted Mr. Peltier.
Whereas here, the court had no jurisdiction to convict Mr. Peltier
under the crimes for which he was convicted, those convictions must be
set aside as a matter of law."

The hearing will take place on Wednesday June 15th, 2005 at 2:00 PM at
the Quentin N. Burdick U.S. Courthouse in Fargo, North Dakota (655 1st
Ave. North - 4th Floor, Courtroom 1).


RUSS REDNER, LPDC DIRECTOR, 915-533-6655 or TOLL FREE 866-534-6151



Subject: an LP original up for auction - to Suuport the 2005 June 26
Oglala Commemoration
Date: Tue, 31 May 2005 17:22:46 -0400
From: info@leonardpeltier.org

Leonard Peltier Supporters - Your Attention Please!

June 26, 2005 is the 30 year anniversary of the "Incident at Oglala"
and will be commemorated at Pine Ridge. The Oglala Commemoration
Committee is auctioning off a Peltier Original titled, "Warrior
Story", donated by the Leonard Peltier Defense Committee. This
painting was recently on the auction but had a non-payment, so its up
once again. The proceeds go to toward the cost of the Oglala
Commemoration Event. The new Peltier Honorary Scholarship is to be
awarded to a GED student of the Oglala Lakota College on the Pine
Ridge Reservation. Please help in sponsoring this event to Honor our
Warriors. This is a free event to all, June 26th, Oglala, South
Dakota. Please take a look at the website for more auction items:



Subject: [LP Forum News] Religious rights of prisoners upheld by
Supreme Court
Date: 6/1/2005



27 August 2006 :
11161 days of WRONGFUL


1. Prisoners' Religious Rights Law Upheld (The Washington
2. Supreme Court Rules in Ohio Prison Case (The New York

* * *

Prisoners' Religious Rights Law Upheld
Statute Bars Burdens on Observances
By Charles Lane
Washington Post Staff Writer
Wednesday, June 1, 2005; Page A12

The Supreme Court upheld a federal religious freedom law for prisoners
and mental patients yesterday, ruling that Congress has the power to
require that state institutions accommodate the reasonable religious
needs of those under their control.
In a unanimous ruling, the court rejected Ohio's constitutional challenge
to the Religious Land Use and Institutionalized Persons Act (RLUIPA),
enacted by Congress in 2000. RLUIPA says that "no government shall
impose a substantial burden on the religious exercise of a person
residing in or confined to an institution" that receives federal
funds, unless the burden is absolutely necessary to meet a
"compelling" government purpose.
Ohio argued that this amounts to unconstitutional official favoritism for
religion, because it creates incentives for inmates in its prisons to
profess a religious belief so that they may receive special food or other
privileges unavailable to other inmates.
But Justice Ruth Bader Ginsburg, writing for the court, said that Ohio's
interpretation would sweep too broadly, prohibiting even such
congressionally mandated religious accommodations as a law that permits
Jewish members of the military to wear yarmulkes while on duty.
"We find RLUIPA's institutionalized-persons provision compatible
with the Constitution because it alleviates exceptional
government-created burdens on private religious exercise," Ginsburg
But Ginsburg added that the states could challenge the law on a
case-by-case basis. She used terms that suggested the court would be
receptive to a fairly broad range of such challenges when prisons invoke
safety and security concerns to deny religious accommodations.
"We do not read RLUIPA to elevate accommodation of religious
observances over an institution's need to maintain order and
safety," she noted.
Yesterday's opinion marks a truce of sorts in a battle between Congress
and the court that has been going on since 1990. In that year, the court
ruled that Oregon could punish Native Americans for smoking peyote, even
though they said it was part of a religious ritual. Religious observance
is no exception to laws that apply generally, Justice Antonin Scalia
wrote for the court.
To undo that decision, Congress enacted the Religious Freedom Restoration
Act in 1993, saying that the states must prove they had no other option
before imposing any "substantial burden" on religious practice.
The court struck that law down in 1997, saying that it exceeded
Congress's power to combat state discrimination.
RLUIPA, a more narrow statute that applied only to land-use rules and
institutionalized people, was adopted in 2000.
Yesterday's case, Cutter v. Wilkinson , No. 03-9877, began with a
complaint by inmates that the state was impeding their observance of
rituals associated with Wicca, Satanism, Asatru and the Church of Jesus
Christ Christian.
© 2005 The Washington Post Company

* * *

Supreme Court Rules in Ohio Prison Case
Published: June 1, 2005

WASHINGTON, May 31 - The Supreme Court ruled unanimously on Tuesday that
a new federal law requiring prison officials to meet inmates' religious
needs is a permissible accommodation of religion that does not violate
the separation of church and state.
The court rejected arguments by Ohio officials that the law, the
Religious Land Use and Institutionalized Persons Act, violated the
Constitution by elevating religion above all other reasons a prisoner
might seek special privileges.
The state had said that by requiring prison officials to cater to the
demands of adherents of Satanist or white-supremacist religions, the law
would result in attracting new followers to these sects, to the detriment
of prison security.
The five Ohio inmates who brought the case belong to nonmainstream
religions, including one, Asatru, that preaches that the white race needs
to use violence and terrorism to prevail over the "mud
In her opinion for the court, Justice Ruth Bader Ginsburg said the
state's fears were unfounded. The Congressional sponsors "were
mindful of the urgency of discipline, order, safety, and security in
penal institutions," she said, and "we do not read" the
law to "elevate accommodation of religious observances over an
institution's need to maintain order and safety."
Justice Ginsburg said that under Ohio's constitutional argument, which
the federal appeals court in Cincinnati accepted last year in
invalidating the statute, "all manner of religious accommodations
would fall." She noted that many accommodations have been widely
accepted: Ohio itself provides prison chaplains for "traditionally
recognized" religions, and Congress has authorized military
personnel to wear yarmulkes and other religious apparel while in uniform
despite a Supreme Court ruling that such an accommodation was not
constitutionally required.
The Supreme Court has had a sometimes troubled history of defining where
the two religion clauses of the First Amendment overlap: the Free
Exercise Clause, which protects religious practice from government
interference, and the Establishment Clause, which in Justice Ginsburg's
words "commands a separation of church and state."
From the tone of this latest decision, Cutter v. Wilkinson, No. 03-9877,
it appeared that the court was seeking to defuse the tension inherent in
the two clauses. "Our decisions recognize that there is room for
play in the joints between the clauses, some space for legislative action
neither compelled by the Free Exercise Clause nor prohibited by the
Establishment Clause," Justice Ginsburg said.
The ruling marked the latest chapter in a 15-year dialogue among the
court, Congress and the states over the degree to which the government
may take religious interests into account in law or official policy. The
statute in question, passed in 2000, is a direct outgrowth of that
dialogue, which began with a 1990 Supreme Court case from Oregon,
Employment Division v. Smith.
The court ruled in that case, about American Indians' religious use of an
illegal substance, peyote, that the government's refusal to grant
religion-based exemptions to the general application of its laws did not
violate the Free Exercise Clause.
Congress reacted swiftly and, by large margins in both houses, passed the
Religious Freedom Restoration Act, which required the government to
accommodate religious practices unless it had a "compelling"
reason not to do so.
In 1997, the Supreme Court, taking the Religious Freedom Restoration Act
to be an assault on its institutional prerogatives, declared it
unconstitutional on the ground that Congress lacked authority, at least
in the circumstances of that case, to define the meaning of a
constitutional provision and to impose that meaning on the states. The
full impact of that decision, City of Boerne v. Flores, continues to play
out across the court's federalism docket.
The law's supporters regrouped and arrived at a different approach. The
Religious Land Use and Institutionalized Persons Act addressed only two
types of government action: zoning and the rights of inmates of prisons,
government-run mental hospitals and other public institutions.
Unlike the original statute, Congress passed the new law under its power
to control spending and to attach strings to the receipt of federal
funds; any state or local government that accepted federal dollars for
land development or prisons had to agree to apply the "compelling
interest" standard for any policy that interfered with religious
Whether this was an appropriate use of the Congressional spending power
remains unresolved. Neither the lower court nor Justice Ginsburg
addressed that question, but Justice Clarence Thomas, in a concurring
opinion, suggested that a state that accepted the federal money might
have waived its objection. "The states' voluntary acceptance of
Congress' condition undercuts Ohio's argument that Congress is
encroaching on its turf," he said.
It remains open to Ohio to return to the lower courts and argue that the
law violates either Congress's spending authority or its power to
regulate interstate commerce. The section of the law dealing with land
use was not before the Supreme Court in this case. Cases challenging that
section, which usually arise when a church seeks an exception from zoning
laws, are making their way through the lower courts.
The case the court decided Tuesday began before passage of the new law.
The Ohio inmates complained that officials were withholding religious
publications and items, denying them access to religious services, and
generally discriminating against them as compared with prisoners who
belonged to mainstream religions.
When the new law took effect, the inmates, represented by a clinical
legal program at the Ohio State University Moritz College of Law, invoked
it in amended complaints. Ohio argued that the law was unconstitutional,
and the federal government intervened to defend it. The case never went
to trial. The federal district court refused to dismiss the lawsuit, but
the United States Court of Appeals for the Sixth Circuit held that the
law violated the Establishment Clause "by giving greater protection
to religious rights than to other constitutionally protected
In her opinion, Justice Ginsburg emphasized that the court was only
evaluating the law "on its face." Particular arguments,
including the state's assertion that the law would foment gang activity,
are to be evaluated as cases arise, she said. She added: "It bears
repetition, however, that prison security is a compelling state interest,
and that deference is due to institutional officials' expertise in this
For purposes of this preliminary ruling, she said, the law "fits
within the corridor between the Religion Clauses: on its face, the act
qualifies as a permissible legislative accommodation of religion that is
not barred by the Establishment Clause."
In another action on Tuesday, the court agreed to review the
constitutionality of the Kansas death penalty law.
The Kansas Supreme Court declared the law unconstitutional in a 4-to-3
decision six months ago, on the ground that it impermissibly made a death
sentence automatic unless the sentencing jury found mitigating
circumstances to outweigh any aggravating circumstances. Under what was
known as an "equipoise provision," if the two categories were
equal in the jury's mind, the law provided that "the defendant shall
be sentenced to death."
The state court's ruling caused an uproar in Kansas and led the state
Senate to pass a resolution asking the United States Supreme Court to
overturn the decision. The state's appeal, Kansas v. Marsh, No. 04-1170,
said that death penalty laws in Arizona and Idaho were also at stake.


Copyright 2005 The New York Times Company

* * *

Decision in Cutter v. Ohio:

Syllabus :


Opinion [Ginsburg] :


Concurrence [Thomas] :



[In accordance with Title 17 U.S.C. section
107, this material is distributed without profit or payment to those who
have expressed a prior interest in receiving this information for
non-profit research and educational purposes only.]





[LP Forum News] Some Dare Call It Treason-Wake Up America!
14 April 2004

"I can understand how the FBI hallows its own. To them, Coler and
Willams are fallen comrades, heroes, tragic victims, martyrs. Yes, that
I also understand. But we, too, hallow our own. We, too, have our fallen
comrades, our heroes, our tragic victims, our martyrs... and we have
them in countless numbers. I live with the wail of their voices in my
inner ear. I hear them always. I can't forget them. I refuse to forget them.

They are victims of the energy wars, as were agents Coler and Williams,
as am I. And so are you, my friend, and your children and your
children's children. The FBI itself is a victim of the energy wars,
having strayed far beyonds the bounds of legality and human decency in
its misguided eagerness to serve the interests of the multinational
invaders in their continuing assault upon the Mother Earth. All these
things are acts of war against the Lakota people, against all Indian
people, against all indigenous people everywhere, against all humanity.
We must continue to oppose these forces of destruction with every fiber
of our being, with every breath we take."



And PLEASE pre-order TODAY your copy of the soon-to-be-published


Some Dare Call It Treason-Wake Up America!
Sun Apr 11, 2004 16:38

Some Dare Call It Treason-Wake Up America!
By Dr. Robert Bowman, USAF Ret.

I am a member of Veterans For Peace, an organization of thousands of
combat veterans. All of us have put our life on the line for this
country. Most of us opposed the recent invasion of Iraq. We also opposed
the first Gulf War, and the sanctions that followed. We opposed the
slaughter of fleeing Iraqis on the Road to Basra. We opposed the use of
Depleted Uranium munitions. And we opposed the lies upon which the first
Gulf War was based. But there was one good thing about that first Gulf
War. It ended. And without a wholesale invasion of Iraq. Why?

Here's what the first President Bush wrote about that in his memoirs:

"Trying to eliminate Saddam would have incurred incalculable human and
political costs. Apprehending him was probably impossible. We would have
been forced to occupy Baghdad and, in effect, rule Iraq. There was no
viable exit strategy we could see, violating another of our principles.
Furthermore, we had been self-consciously trying to set a pattern for
handling aggression in the post-Cold War world. Going in and occupying
Iraq, thus unilaterally exceeding the United Nations mandate, would have
destroyed the precedent of international response to aggression that we
hoped to establish. Had we gone the invasion route, the United States
could conceivably still be an occupying power in a bitterly hostile land."

My brothers and sisters, it is just too darn bad his son can't read!

I've been severely criticized for speaking out in opposition to this
war. So have you, probably. We're told that we're aiding and abetting
the enemy. We're told that we should support the president no matter
what. We're told that patriotism demands that we support the war. They
say that we're abusing the freedoms that our troops are in the Middle
East defending. They say we should be ashamed to be protesting while the
troops are in the desert protecting our right to do so.

Well I say, Hogwash!

I feel an affinity for the troops over there in Iraq. They are my
comrades in arms. I admire their sense of honor and sacrifice. I
understand why some of them believe they should be there. They have
neither the experience nor the wisdom to see past the lies they have
been told. The truth is, they are not over there protecting our
freedoms. Our freedoms are not under attack from Saddam Hussein or the
remnants of his Baathist party. Our freedoms are under attack by John
Ashcroft. They are threatened by John Poindexter. They are trampled by
Donald Rumsfeld. They are disdained by Dick Cheney. And they are not
even understood by George W. Bush. The battle to preserve our freedoms
is not taking place in Baghdad and Tikrit. It is taking place in Central
Park in New York City, in Lafayette Park in Washington DC, in
Ghirardelli Park in San Francisco, and in River Front Park in Melbourne,
Florida. The front lines go right down US 1 and up New Haven Avenue.

It is we, here at home, who are the foot soldiers battling to preserve
our cherished freedoms by exercising them, in spite of opposition and
ridicule. It is we who protect our civil rights through speaking out. We
are the Minutemen sounding the alarm against tyranny. We are upholding
the spirit of the American Revolution. We are preserving the freedoms
that the troops in the desert have a right to come back to. The troops
getting shot at in Iraq are not protecting us. We are protecting them,
and their honor and their freedoms. We have just completed a forced
march through hostile territory to defend their freedoms and ours, and
the ideals America was founded on. We are protecting this nation by
speaking truth to power. Let us do it loudly and fearlessly and
courageously and joyfully, for we are the true patriots!

Here is the truth that we proclaim. This war has nothing to do with
national security or freedom or democracy or human rights or protecting
our allies or weapons of mass destruction or defeating terrorism or
disarming Iraq. It has to do with money. It has to do with oil. And it
has to do with raw imperial power. It is based on a pack of lies. And it
is wrong. Those who forced this war on an unwilling world are guilty of
flagrantly violating the U.S. Constitution, the UN Charter, and
international law. What they have done is illegal, immoral,
unconstitutional and TREASON.

It's been said that somewhere in Texas there is a village looking for
their idiot. Now that may be funny, but it misses the point. George W.
Bush is not an imbecile. He is a TRAITOR.

Before this war started, we knew it would fracture NATO, split the
United Nations, separate us from our allies, and destroy the great
nation we inherited from our fathers who died in World War II. And it
has. We knew it would make our beloved country feared and hated, an
outcast from the world community, a pariah among the peoples, and the
number one rogue nation on earth. And it has. It has done so based on a
pack of lies. My sisters and brothers, that is not stupidity.
That is TREASON.

We knew this sadistic corporate war would incense the Arab world,
provide thousands of new Osama bin Ladens, and enormously increase the
terrorist threat. And it has. We knew it would further endanger the
American people and destroy our national security. And it has. That is
not stupidity, it is TREASON.

The cabal of neoconservatives at PNAC who planned this war (Cheney,
Rumsfeld, Wolfowitz, Libby, Perle, Jeb Bush) even before W became
president, knew the American people would not stand for it unless there
was a new Pearl Harbor. 9/11 supplied that. Our government was warned.
They were warned by the Clinton Administration. They were warned by 11
other countries. And they were specifically warned by an FBI agent that
one of them was planning on flying a hijacked airliner into the World
Trade Center.

They not only ignored the warnings, they made sure no fighter jets were
scrambled to stop it. If they had just done nothing, and allowed normal
procedures to be followed, the Twin Towers would still be standing and
thousands of dead Americans would still be alive.
This is not stupidity, it is TREASON.

As a combat veteran, I will not stand idly by and watch our security
destroyed by a president who went AWOL rather than fight in Vietnam.
Honor requires that I call this by its right name. It is TREASON.

As one who has devoted his life to the security of this country, I will
not stand by and watch an appointed president send our sons and
daughters around the world to kill Arabs for the oil companies without
calling it by its right name.

I joined the Air Force to protect our borders and our people, not the
financial interests of Folgers, Chiquita Banana, and Exxon. We've had
enough corporate wars. No more Iraqs. No more El Salvadors. No more
Kosovos. No more Colombias. These are not isolated incidents of
stupidity. They are part of a long, bloody history of foreign policy
being conducted for the financial benefit of the wealthy few. It is a
new colonialism. It violates our Constitution. It endangers our people.
And it is TREASON.

As a pilot who flew 101 combat missions in Vietnam, I can tell you that
the best thing our government can do for its combat veterans is to quit
making more of them. Peace is patriotic; a preemptive war is immoral,
illegal, unconstitutional, a war crime, and TREASON. I swore to uphold
the Constitution of the United States against all enemies foreign and
domestic. That includes a renegade president. Wake up, America! It is
time for George W. Bush, Dick Cheney, Donald Rumsfeld, and the whole oil
mafia to be removed from office and indicted for TREASON.

We are the people. We are sovereign. We are the patriots. The whole
world is with us. Never allow anyone to intimidate you into silence.
Wake up, America! It's time to speak truth to power. God bless America,
and God save us from the traitors in our government.

Dr. Robert Bowman was a Col. in the USAF and Chief of Technology
Assessment under President Jimmy Carter and is a Catholic Bishop of The
Apostolic Society of Franciscan Communities. email:
web site: www.rmbowman.com
He has been President of the Institute for Space and Security Studies
since 1982. Before that he was Vice-President of Space Communications
Company; Manager, Advanced Space Programs for General Dynamics; and
Director, Advanced Space Programs Development for DoD, directing the
"Star Wars" programs.


27 August 2006 :

Subject: [LP Forum News] Jim Page...
Date: 6/7/2005

Hello Folks,

This should not come as a surprise to most... Folk singer/songwriter
Jim Page just signed the International Peltier Forum letter. :-)
--> http://users.skynet.be/kola/vip394.htm

Jim wrote "Song for Leonard Peltier" years ago, and in my humble
opinion, that song is still the best ever written for and about
Leonard. He is the 394th "celebrity" to sign this joint letter.

The complete updated list can be seen at -->




[LP Forum News] Peltier Declares Political Prisoner Week
April 16-24, 2004
16 April 2004

Peltier declares Political Prisoners Week

"The fact that I was convicted without any credible evidence of guilt, &
that no amount of genuine evidence to the contrary, however
overwhelming, seems to be enough to win my release or even a retrial
much less parole after over a quarter of a century, is precisely why I
am often called - no doubt to the great embarrassment of the United
States government - a political prisoner. I wasn't the first. I
certainly am not the last. There will always be those in power who seek
to squash dissent. Now, as before, exercise of our human rights can be
a dangerous act. But remaining silent & doing nothing - these are the
most dangerous acts of all."

Indigenous rights activist Leonard Peltier this week proclaimed April
16-24, 2004, U.S. Political Prisoners Week & encouraged people across
the nation to continue the struggle for human rights.

"I send greetings to the prisoners of conscience throughout this land &
urge all Americans to seek the truth - in their own communities & across
the country. Open your minds & hearts. Listen & learn. Act. Stand
for freedom & justice for all peoples of the earth."

Political prisoners events will be held in venues around the country
beginning on April 16.

At the Lipke Auditorium, University of Massachusetts in Boston, Set the
Captives Free: A Conference on Political Prisoners in the United States
will begin with a cultural edu-tainment event on Friday evening from
7:00 to 11:00 featuring musical performances by Dead Prez, The
Foundation, VCR, Blackout Boston, Iyeoka Ivie Okoawo, FTP, Reflect &
Strengthen, Curtis King, Simon & Wagner, & PRESENTE!

Conference workshops begin at 9:00 a.m. on Saturday, April 17.
Speakers include:
Pam Africa; Fred Hampton, Jr.; Linda Evans;
Russell Shoates, III; Netdahe Williams; Rod Coronado;
Mike Duan; Rawan Barakat; Kamel Bell;
Michelle Morales; Soffiyah Elijah;
Nancy Murray; Prof. Robert Hall; &
Nalda Vigezzi.

Jean Day & Marquetta Shields will speak about political
prisoner Leonard Peltier.

Other members of Peltier's defense committee
also will be available for comment & discussion.

The political prisoners conference is sponsored by the Boston Coalition to Free
Political Prisoners in the U.S., Joiner Center, Jericho Movement,
Mobarezeh Collective, Leonard Peltier Defense Committee & its Boston
Area support group, International Concerned Family & Friends of Mumia
Abu Jamal, American Friends Service Committee, & PRESENTE!

On April 24, supporters worldwide will participate in events to raise
awareness about political prisoner Mumia Abu-Jamal.

The day will include a major demonstration & march in Philadelphia, as well as a
music/cultural resistance event in the evening, & a book
release/birthday celebration for Mumia.

For more details about the Philadelphia events & other events around the world for Mumia, please contact the
International Concerned Family & Friends of Mumia Abu-
at 215-476-8812 or by e-mail at icffmaj@aol.com
Also visit: www.mumia.org

A free public forum

 - Freedom in America: Human Rights v. USA Patriot Act -

 is also being held on April 24 from 3:00 to 7:00 p.m.
at Yale Law School Auditorium,
127 Wall Street, New Haven, CT.

This forum,
organized by the Human Rights Research Fund, will be an exciting
dialogue with some of the most dynamic attorneys, scholars & social
justice activists in the United States.

The speakers have participated
in the anti-war, civil rights, American Indian & Chicano movements; the
Black Panther Party, the anti-apartheid movement & African liberation
struggles; the movement to free political prisoners; the campaign
against the death penalty; & other social justice issues. The focus will
be on respect for human rights in the United States from a legal,
historical & social perspective in light of the repressive measures
enacted post 9/11. The topics of discussion will include the impact of
the war on terrorism on political dissent, youth activism, police
violence, indigenous rights, reparations & political imprisonment.

This human rights forum is being co-sponsored by Critical Resistance-New
Haven; People Against Injustice; Yale University's African American
Studies Department, Afro American Cultural Center, American Studies
Program, Association of Native Americans, Black Students at Yale,
Provost's Office, & Student Legal Action Movement; & the Human Rights Research Fund.


[LP Forum News] FBI Misconduct - Urgent Call to Action
14 April 2004

"The FBI has been politically out of control, poorly organized and
ineffective for a long time, and some critics may ask whether, with all the
mounting evidence of its incapacity, it should be allowed to continue in its
present form at all. "
-- NY Times, 14 April 2004.


The Chairman of the independent commission investigating the Sept. 11 attack
on the United States, Thomas H. Kean, yesterday criticized the performance
of the FBI before and after the attacks. In a scathing indictment of the
FBI, Kean said, "It failed and it failed and it failed and it failed... This
is an agency that does not work." The Chairman's sentiments were echoed by
other commission members and all say they welcome President Bush's comments
this week that the White House would consider an overhaul of the nation's
intelligence agencies, including the FBI.

We say this overhaul is long overdue. Our concern, however, is not for
"homeland security." It is for the rights afforded to all Americans by the
U.S. Constitution -- rights to free speech and assembly -- that the FBI
routinely violates. We want the gross misconduct perpetrated by the FBI in
Indian Country -- and against Leonard Peltier, in particular -- exposed and


In March, the Peltier attorneys submitted a position paper and a formal
request to Congress proposing that they complete the work undertaken by the
Church Committee in the 1970s by fully investigating Federal Bureau of
Investigation (FBI) practices with regard to political dissidents.

This would include investigation of the misuse of not only informants, but
agent provocateurs against the American Indian Movement (AIM); the Bureau's
role in the "Reign of Terror" at the Pine Ridge Indian Reservation from
1973-1976; and official misconduct against AIM, in general, and in the case
against Leonard Peltier, in particular.

Please write to the Chairman and Ranking member of the Committee on the
Judiciary of both the U.S. House of Representatives and the U.S. Senate.
Request that they take this first step towards an overhaul of the FBI.
Do it today.

Judiciary Committee Membership:

Sample Letter:

Tips for communicating with Members of the U.S. Congress:


Contact: peltiersupport@riseup.net

Do It Today. Keep Doing It. Let Them Know We Won't Go Away!


27 August 2006 :





 CASE NO. 04-3418-RDR





The government has chosen not to show cause and it did not file an
opposition to Petitioners' motion for this Court to summarily decide
this matter. Petitioners therefore submit this memorandum to assist
the Court in summarily resolving this matter in favor of Petitioners.


In 1984, Congress passed the Sentencing Reform Act ("SRA") (S. Rep.
98-225, 1984 U.S.C.C.A.N. 3182, 3220),[1] by which Congress sought to
create a sentencing structure that would eliminate disparity in
sentencing, establish certainty for release from confinement, and
abolish the Commission and the parole system. The Senate Report noted:
At present, the concepts of indeterminate sentencing and parole
release depend for their justification exclusively upon this model of
`coercive' rehabilitation. . . Recent studies suggest that this
approach has failed. Most sentencing judges, as well as the Parole
Commission, agree that the rehabilitation model is not an appropriate
basis for sentencing decisions.
(S. Rep. 98-225 at 3221, 3223)(Emphasis added.) The Senate Report
The efforts of the Parole Commission to alleviate this disparity
unfortunately contributed to a second grave defect of present law: no
one is ever certain how much time a particular offender will serve if
he is sentenced to prison ? Thus, prisoners often do not really know
how long they will spend in prison until the very day they are
released. The result is that the existing Federal system lacks the
sureness that criminal justice must provide if it is to retain the
confidence of American society and if it is to be an effective
deterrent against crime.
(Id. at 3232-3233)(Emphasis added.) The Senate Report concluded:
The shameful disparity in criminal sentences is a major flaw in the
existing criminal justice system, and makes it clear, that the system
is ripe for reform. Correcting our arbitrary and capricious method of
sentencing will not be a panacea for all of the problems which
confront the administration of criminal justice, but it will
constitute a significant step forward.
(Id. at 3248.) (Emphasis added.)
Congress enacted Section 235(b)(3), effective October 12, 1984,[2]
which required "the Parole Commission [to] set a release date
consistent with the applicable parole guideline" for those in its
custody "prior to the expiration of the five years," at which point
the Commission would become extinct. Congress retained the Commission
for five years solely "to set release dates for prisoners sentenced
before that date" emphasizing that, by "the end of that period, the
Parole Commission would set final release dates for all prisoners
still in its jurisdiction." Senate Report No. 98-225, 98th Congress,
First Session, September 12, 1983, p. 56 n.82.
In enacting Section 235(b)(3), Congress recognized the inherent
arbitrariness underlying parole decisions. As the United States
Supreme Court stated in Mistretta v. United States, 488 U.S. 361, 366
It is observed that the indeterminate-sentencing system had
"unjustified" and "shameful" consequences. The first was the great
variation among sentences imposed by different judges upon similarly
situated offenders. The second was the uncertainty as to the time the
offender would spend in prison.
Over three years later, on December 7, 1987, Congress amended Section
235(b)(3) by repealing only the release criteria and restoring the
criteria under 18 U.S.C. 4206, Public Law 100-182, §2. Significantly,
Congress expressly provided: "The amendments made by this Act shall
apply with respect to offenses committed after the enactment of this
Act." Public Law 100-182, §26. (Emphasis added.) The amendment did not
resurrect the Commission which became extinct as of midnight on
October 11, 1989, by the terms of the original Section 235 (b)(3).
This petition therefore involves the wrongful application of Section
235(b)(3) of the SRA which: (1) became effective October 12, 1984,
Lyons v. Mendez, 303 F.3d 285, 289 (3rd Cir. 2002),[3] (2) provided a
mechanism by which prisoners sentenced "under the old system" would be
issued a release date within a five-year period from the Act's
effective date, and (3) mandated "the Parole Commission [to] set a
release date consistent with the applicable parole guideline" for
those remaining in its custody "prior to the expiration of the five
years." Pub. L. 98-473, Title II, Section 235(b)(3).
Congress mandated that Public Law 100-182, §2, applied only


Courts must read statutes, wherever "fairly possible," to avoid
serious constitutional issues. INS v. St. Cyr, 533 U.S. 289, 300
(2001); Landgraf v. USI Film Products, 511 U.S. 244.265, 268-69
(1994); United States v. Safarini, 257 F.2d 191,196 (D.C. 2003).
Indeed, where, as here, Congress has mandated the effective date, a
"statement that a statute will become effective on a certain date does
not even arguably suggest that it has any application to conduct that
occurred at an earlier date." INS, 533 U.S. at 317, quoting,
Landgraf, 511 U.S. at 257. See also Rivers v. Roadway Express Inc.,
511 U.S. 298, 313 n.12 (1994)("In statutory cases the Court has no
authority to depart from the congressional command setting the
effective date of a law that it has enacted") Section 235(b)(3), as
enacted and effective on October 12, 1984, clearly and
unconditionally included all "old law" prisoners that would be in the
Commission's jurisdiction on the day before five years from the
effective date - and that includes Petitioners.
Thereafter, Congress expressly declared that the December 7, 1987
amendment would apply to "offenses committed after [its] enactment."
Hence, it is "not even arguable[e] [to] suggest that it has any
application to conduct that occurred" before December 7, 1987. Martin
v. Haddix, 527 U.S. 343, 352 (1999). Absent "a `clear congressional
intent' favoring retroactive application," the presumption against
retroactivity controls. Martin, 527 U.S. at 354, quoting, Landgraf,
511 U.S. at 263, 280.
This Court cannot ignore that Public Law 100-182, §2, applies only to
offenses committed after its effective date. Thus, the amendment could
not apply to the Petitioners whose offenses were all committed before
December 7, 1987. Constitutional infirmities can be avoided by this
Court's simply following Congress' mandate that Public Law 100-182,
Section 2, applies only to crimes committed after December 7, 1987.
See Public Law 100-182, §26. This Court should grant the instant
petition for this reason alone.
The case of Lynce v. Mathis, 519 U.S. 433, controls the issue
presented. A law violates the ex post facto and bill of attainder
clauses if it disadvantages the offender affected by "increasing the
punishment for the crime." Lynce, 519 U.S. at 441. See also Collins
v. Youngblood, 497 U.S. 37, 50 (1990). In Lynce, 519 U.S. at 441,
443-46, the United States Supreme Court applied two factors: (1) the
act "`must apply to events occurring before its enactment,' and it (2)
`must disadvantage the offender affected by it.'" See also Weaver v.
Graham, 450 U.S. 24, 29 (1981). "The relevant essential inquiry
demanded by the Ex Post Facto Clause" is "whether the [legislative
action] had the effect of lengthening [the] period of incarceration."
519 U.S. at 443.
It is beyond question that retroactive application Public Law 100-182,
§2, "would have the effect of lengthening [Petitioners'] period of
incarceration" from the provisions in effect under the original
Section 235(b)(3). Just as in Lynce, "it is quite obvious that the
retroactive change was intended to prevent the early release of
prisoners?who had accumulated" a right to mandatory release within the
parole guidelines under the original Section 235(b)(3). 519 U.S. at
445. The December 1987 amendment clearly "disadvantaged" the
Petitioners because "it ? prolonged [their] imprisonment." 519 U.S. at
Under Lynce, ex post facto analysis requires a determination of the
law in effect when the retroactive change "lengthening [the] period of
incarceration" became effective. As of the effective date of the
original Section 235(b)(3) (October 12, 1984), that statute governed
the terms of imprisonment and release of Petitioners. Instead of
analyzing the effect Public Law 100-182, §2 had on the rights provided
to Petitioners under the original Section 235(b)(3) as originally
enacted, some courts have looked to the originally imposed lengths of
sentences and 18 U.S.C. § 4206, to determine the actual effects upon
their sentences. This analysis ignored the appropriate ex post facto
analysis as established in Lynce.
The real question presented necessarily turns upon the state of the
law before the effective date of December 7, 1987 legislation.
Carmell v. Texas, 529 U.S. 513, 520 (2000) ("`The critical question
[for an ex post facto violation] is whether the law changes the legal
consequences of acts completed before its effective date.'") (quoting
Weaver v. Graham, 450 U.S. 24, 31 (1981)). Just as the "overcrowding
statute in effect" at the time of Lynce's offense "was modified in
subsequent years" leading to the accumulation of additional good-time
credits which reduced Lynce's confinement from his original sentence,
Lynce, at 447-449; so too, the original Section 235(b)(3) enacted
after Petitioners' offenses, shortened Petitioners' sentences. Section
235(b)(3) modified the Commission's discretionary release authority
under 18 U.S.C. § 4206 and mandated non-discretionary release under
the parole guidelines. Public Law 100-182, §2 clearly "change[d] the
legal consequences" of their sentences as they existed "before its
effective date" and the change was highly detrimental [literally
penalizing] to Petitioners. Public Law 100-182, §2 which amended
Section 235(b)(3) and restored the Commission's arbitrary and
capricious decision-making until its expiration on October 11,1989,
the retroactive application in violation of Congress' express
statement of prospective application only is classically
unconstitutional.[5] Weaver v. Graham, 450 U.S. at 33 ("[A]
retroactive law?can be constitutionally applied to Petitioners only if
it is not to [their] detriment.") (citing Dobbert v. Florida, 432
U.S. 282, 293-294 (1977)); Ex Parte Medley, 134 U.S. 160 (1890).
Lyons v. Mendez, 303 F.3d 285, is the only case found by Petitioners
that addresses the penultimate issue raised herein. In that case,
Lyons committed his offense and was sentenced in 1986. The Court
reviewed the entire statutory scheme to determine the effective date
of Section 235(b)(3) and whether the mandatory release dates applied
to him. The Court correctly concluded that Section 235(b)(3) became
effective on October 12, 1984. 303 F.3d. at 291 ("Section 235(b)(3)
took effect upon enactment"). In doing so, it reasoned that, to hold
that Section 235(b)(3) did not take effect until November 1, 1987,
would create "an absurd result" by prohibiting the other criteria
necessary to engage the new Sentencing Commission and its guidelines
within statutorily required periods. 303 F.3d at 291-292 (quoting and
adopting the reasoning of Romano v. Luther, 816 F.2d 832, 839 (2nd
Cir. 1987)).
Since the Lyon's Court correctly determined that the effective date of
§ 235(b)(3) is October 12, 1984, this necessarily means that the
five-year period ended on October 11, 1989, and the Commission and
all the parole laws listed in § 218(a) and 235(b)(1) were abolished
and repealed on October 12, 1989. See e.g. Piekarski v. Bogan, 912
F.2d 224, 225 (8th Cir. 1990) (Parole Commission abolished in 1989,
five years after date of enactment of §325(b)(3)).
Thus, the first five-year continuation of the Commission and the
parole statutes, enacted by Public Law 101-650, Section 316, 104 Stat.
5115, on December 1, 1990, simply had no operational effect.[6] There
was no Commission or parole statutes left to continue for five years,
and the amendments passed since that time granting additional
extensions, the latest being Public Law 107-273, Section 11017(a), 116
Stat. 1758, 1824 (2002), have no applicability, and certainly not
respecting Petitioners.
Section 235(b)(3) was enacted to obviate the "arbitrary and
capricious" punishment inherent and uncorrectable in the federal
parole system. Sen. Rep. No. 98-225, at 65 ("Conclusions" finding
parole system "arbitrary and capricious" requiring "correction").
Despite Congress' recognition of the inherent arbitrariness of the
system under which the Commission exercised discretion in determining
parole dates, the Tenth Circuit held Public Law 100-182, § 2, applied
to Petitioners and thereby restored the very arbitrary and capricious
system that Congress abolished. This ruling is blatantly wrong since
the Commission's decisions relative to the Petitioners are arbitrary
and capricious as a matter of law in violation of the Due Process
Clause of the Fifth Amendment.
The loss of liberty and criminal punishment present significantly
different considerations. It would be entirely irrational to suppose
Congress intended to subject Petitioners to punishment already
declared "arbitrary and capricious" by Congress. Cf. Wolf v.
Mcdonnell, 418 U.S. 539, 588 (1974) ("The touchstone of due process is
protection of the individual against arbitrary action of government.")
Because Congress mandated that the amendment applied only
prospectively, Congress did not violate Petitioners' due process
rights. However, the Commission and the courts are doing so by
defying the mandate of Congress, and the Commission, as upheld by the
courts, is acting arbitrarily and capriciously in violation of
Petitioners' due process rights just as Congress recognized.


In accordance with the arguments and authorities set forth herein,
Petitioners respectfully request that this Court to summarily grant
its Petition to apply Amended Section 235(b)(3) only prospectively,
or, alternatively, that Amended Section 235(b)(3), as applied
retroactively, is unconstitutional. This Court should grant the
requested relief and order the release of petitioners.
By Their


Kay Huff,
1040 New
Hampshire Street
KS 66044
(785) 832-1944

Barry A.
Bowditch &
Dewey, LLP
311 Main
P. O. Box
MA 01615-0156
(508) 926-3403
April 7, 2005

[1] Senate Report 98-225, 1984 U.S.C.C.A.N. 3182 will
hereinafter be cited by the respective page number as "S. Rep. 98-225
at ___."
[2] Lyons v. Mendez, 303 F.3d at 285, 289 (3rd Cir. 2000);
Piekarski v. Bogan, 912 F.2d 224,225 (8th Cir. 1990); Norwood v.
Brennan, 891 F.2d 179, 181-82 (7th Cir. 1989); Dallas v. Martin, 929
F.2d 587, 589 & n.4 (10th Cir. 1991). The Tenth Circuit issued a
conflicting ruling that the statute did not become effective until
December 7, 1987. Indeed, the Tenth Circuit decision conflicted with
prior decisions of that Court. See Dallas v. Martin, 929 F.2d 587
(10th Cir. 1991).
[3] The Tenth Circuit issued a conflicting ruling that
Section 235(b)(3) did not become effective until November 1, 1987.
(Memorandum of Decision at 4.) This is contrary to Congress'
expressed intent. Indeed, according to the Commission's quarterly
meeting minutes from November 14, 2002 (submitted December 26, 2002),
the Commission stated: "[O]n October 12, 1984 Congress eliminated
federal parole and set in place provisions at Section 235(b) of the
Sentencing Reform Act for the transition from a sentencing/punishment
system with parole eligibility to one in which the offenders would
serve determinate sentences." See also note 2 supra.
[4] The Tenth Circuit, as did the District Court, literally
accepted the government's argument to ignore Congress' mandate that
the amendment "shall apply with respect to offenses committed after
the enactment of the Act'?[of] December 7, 1987."
[5] The amendment did not in any way resurrect the
Commission. The Commission expired as of October 11, 1989. Any
attempt by Congress to resurrect it thereafter was null and void. In
any case a Parole Commission and statutes created or re-created on
December 1, 1990 would present a clear ex post facto problem, if
applied to Petitioners, who were no longer subject to Parole or a
Parole Commission and, who, by prior law, had been congressionally
ordered to be released within certain dates.
[6] See Note 6 supra.



Subject: [LP Forum News] U.N. told of religious discrimination against
indigenous prisoners
Date: 5/30/2005

27 August 2006 :


U.N. told of religious discrimination against indigenous prisoners

Posted: May 30, 2005
by: Brenda Norrell / Indian Country Today

GENEVA - American Indian prisoners in the U.S. prison system are
facing new restrictive policies on religious and spiritual practices
that make healing and rehabilitation in the traditional manner
virtually impossible, according to a report to the United Nations
Commission on Human Rights.

Lenny Foster, Navajo and board member of the International Indian
Treaty Council, told the commission that new restrictions in U.S.
prisons are racist and undermine the sacredness of traditional
ceremonies. Those restrictions include time limits and the rationing
of firewood for the sweat lodge and an English-only mandate.

''Mandating the English-only requirement for the ceremony is
discrimination and racist, because the Native language is used and
needed for the songs and prayers to be blessed by the Creator,''
Foster told the commission.

Foster's report to the commission was delivered during the 61st
session, held March 14 - April 22 in Geneva. The report was delivered
in the session ''Civil and Political Rights,'' which includes
religious intolerance.

The new restrictions include a four-hour time limit on the Sweatlodge
ceremony, which is unrealistic since the Sweatlodge includes the
heating of the stones, which takes two hours, and two hours for the
actual ceremony.

''Rushing through an ancient ceremony is not proper because the
ceremony is very sacred. The deliberate attempt to shorten the hours
and circumvent the ceremony is sacrilegious and undermining the
seriousness and sacredness of the spiritual healing and blessings,''
Foster said.

Foster also told the commission that prison chaplains continue to
oversee American Indian ceremonies.

Specifically, he told the commission that the supervision of the
Sweatlodge by the chaplain is not necessary because it takes time away
from other spiritual and cultural activities. These include talking
circles, drumming sessions and Pipe ceremonies that also mandate the
presence of the chaplain.

The rationing of firewood in U.S. prisons has deliberately undermined
the heating of the stones for Sweatlodge ceremonies. The stones need
to be heated for at least two hours, otherwise they are cold and the
Sweatlodge is neither complete nor beneficial to the healing and
prayers, he said.

''When the traditional ceremonies are held in the ancient and sacred
way and manner, the Native prisoners receive the beneficial
rehabilitation and spiritual healing. The Sweatlodge ceremony has been
the foundation of the healing and recovery from alcohol and drugs and
it has been a very positive therapy for the Native prisoners,'' he said.

These ceremonies make the difference in rehabilitation and
warehousing, he said.

''All the traditional practices and beliefs are very important for the
rehabilitation and recovery, or the experience of incarceration
becomes nothing more than warehousing human beings ... All American
Indian nations and spiritual leaders need to be consulted to rectify
these new policies. To deny these basic human rights and show
indifference to a dignified spiritual healing is tantamount to a
cultural genocide of a young generation of American Indian prisoners.''

The United Nations, in a press release issued April 5, said reports
claim government authorities around the world are not merely failing
in their duties, but are perpetrators of crimes.

© 1998 - 2005 Indian Country Today

[In accordance with Title 17 U.S.C. section 107, this material is
distributed without profit or payment to those who have expressed a
prior interest in receiving this information for non-profit research
and educational purposes only.]



Subject: [LP Forum News] Senators Weigh Indian Apology Resolution/What
about Peltier?
Date: 5/27/2005

27 August 2006 :

Date: Fri, 27 May 2005 09:43:27 -0700 (PDT)
From: John Gallagher
Subject: Senators Weigh Indian Apology Resolution/What about Peltier?

I think it would be worthwhile to add comments to Senators Brownback &
McCain, & Representative Jo Ann Davis on congress.org that no apology
is complete while Leonard Peltier remains behind bars.
These messages can be publicly displayed.
Here are the links to those federal lawmakers.

John G

Senator Brownback (R-KS):

Senator McCain (R-AZ):

Representative Jo Ann Davis (R-VA):



Senators Weigh Indian Apology Resolution
The Associated Press
Wednesday 25 May 2005

Washington - Legislation that would offer a formal apology to American
Indians for centuries of government mistreatment and neglect received
a warm reception at a Senate committee hearing Wednesday.

Introduced last month by Sen. Sam Brownback, R-Kan., the resolution
would apologize for the "many instances of violence, maltreatment and
neglect inflicted on Native Peoples by citizens of the United States."

"While we cannot erase the record of our past, I am confident that we
can acknowledge our past failures, express sincere regrets and work
toward establishing a brighter future for all Americans," Brownback
told the Senate Committee on Indian Affairs.

The resolution recounts the long history of government mistreatment of
American Indians, including forced relocation, the outlawing of
traditional religions and destruction of sacred sites.

Congress rarely apologizes for official government conduct. Exceptions
include a 1993 apology to native Hawaiians for the unlawful overthrow
of the Hawaiian Kingdom, and a 1988 apology to Japanese Americans
placed in detention camps during World War II.

Efforts to win an apology for slavery have failed to gain momentum in

Tex Hall, president of the National Congress of American Indians,
called the apology "a long time coming" and urged Congress to
recognize ongoing problems in Indian relations with the U.S. government.

"Tribal leaders have cautioned that the apology will be meaningless if
it is not accompanied by actions that begin to correct the wrongs of
the past and the present," Hall said.

Edward Thomas, president of the Central Council of Tlingit and Haida
Indian Tribes of Alaska, called the issue a distraction from the true
problems facing American Indians, such as what he called "Third World
conditions" on reservations and the erosion of tribal rights.

Committee Chairman John McCain, R-Ariz., said he would help Brownback
steer the resolution to the full Senate so it can be considered for a
vote. The committee passed the resolution last year, but the Senate
never acted on it.

"Reviewing the history of this government's treatment of native
people's makes painfully obvious that the government has repeatedly
broken its promises and caused great harm to the nation's original
inhabitants," McCain said.

A similar resolution has been introduced in the House by Rep. Jo Ann
Davis, R-Va.

[In accordance with Title 17 U.S.C. section 107, this material is
distributed without profit or payment to those who have expressed a
prior interest in receiving this information for non-profit research
and educational purposes only.]



[LP Forum News] Interviews with Anna Mae Aquash, with John
Graham, ...
23 Feb. 2004

A John Graham interview on webstreaming. He exposes the FBI and
South Dakota former govenor of rape etc.

And an interview conducted with Anna Mae Aquash Pictou once she was
released from jail after the Jumping Bull Ranch shootout in 1975.
Though it's a little hard to understand, she has some very
interesting things to say if you listen closely. She would be
reported missing only days later. Six minutes long, this audio clip
is brought to you by the Peacepipe Network & Leonard Peltier


For more info, please contact Peacepipe Network. Email:


[LP Forum News]
FBI agents attempted murder, stole money
Date: 2/24/2004

Curt Anderson

02/19/04: (Associated Press) WASHINGTON, D.C. -- An internal FBI
report kept under wraps for three years details dozens of cases of
agents fired for egregious misconduct and crimes, including drug
trafficking,attempted murder, theft, misuse of informants and
consorting with prostitutes.

The report, released Wednesday by Sen. Charles Grassley, R-Iowa,
found that about one in 1,000 agents was dismissed for serious
misconduct or criminal offenses by the FBI during the period
examined, from 1986 to 1999. The average was between eight and nine
per year.

Although the numbers were small, the FBI's attempts to keep the
report's disclosure from the public and Congress since its
completion in June 2000 is raising questions among FBI critics about
an attempt to avoid embarrassment.

Grassley, a senior member of the Senate Judiciary Committee, said in
a letter Wednesday to FBI Director Robert Mueller that he was
concerned about "a lack of response to the findings and
recommendations, a general lack of support for the project and even
efforts to prevent its completion." Grassley said the report "almost
never saw the light of day."

It was only provided to legislators in July 2003, months after it was
requested, and was accompanied by a Justice Department letter urging
that it be kept confidential.

FBI Assistant Director Cassandra Chandler said Wednesday that
"Director Mueller is committed to undertaking the reforms necessary
to strengthen the disciplinary process within the FBI and ensure
that it is fair, efficient and credible."

The report was prepared by the FBI's Behavioral Sciences and Law
Enforcement Ethics unit in an effort to identify trends among agents
dismissed for serious offenses and determine whether there were
warning signs before the misconduct that led to their firings.

The report lists the circumstances -- minus names, dates and
locations -- of more than 70 dismissals, including:

? An agent who was abusive to his family and used his FBI weapon
shoot his wife, resulting in attempted murder charges.

? One agent who was calling sex hot lines on FBI phones while on

? Several agents who had improper sexual relationships with
confidential informants or prostitutes, sometimes in FBI vehicles.
One agent pleaded guilty to manslaughter for the killing of a female
informant with whom he had "an inappropriate emotional and sexual

? Agents who disclosed sensitive or classified material to
including representatives of foreign governments and criminal

? Firings stemming from drug, alcohol or gambling problems. One
stole more than $400,000 in informant funds to feed his gambling and
drinking problems; another used crack cocaine regularly and was
arrested for possession of crack pipes.

? An agent who attempted to sell cocaine to someone who turned
to be an undercover FBI agent.

The report concluded that some of these agents were hired even
though a background check had revealed negative information about
them. Sometimes the check itself was not thorough enough. Before
their firings, some agents exhibited "markers" for potential
misconduct, such as a history of emotional or psychological problems
or evidence of substance abuse.

Release of the report comes amid a separate review of the way the FBI
investigates employee wrongdoing and imposes discipline. That
review, by former Attorney General Griffin Bell and ex-FBI executive
Lee Colwell, has been completed but is not ready for public release,
FBI officials said.

The FBI's Office of Professional Responsibility has been accused of
having dual disciplinary systems for supervisors and field agents
and of minimizing allegations of retaliation against whistle-blowers.

Copyright: (AP)

[In accordance with Title 17 U.S.C. section 107, this
material is distributed without profit or payment to those who have
expressed a prior interest in receiving this information for non-
profit research and educational purposes only.]


[LP Forum News] Supreme Court Rejects Peltier's Appeal !
Bacharach responds!

Peltier Attorney Responds to the US Supreme Court Denial of Appeal

In yet another outrageous decision by the courts, the U.S. Supreme
Court refused to grant certiorari to review the 10th Circuit's
denial of Leonard's request to be considered for parole. The U.S.
Supreme court did so in the face of the 10th Circuit's recognition
that the government indisputably engaged in misconduct in the
prosecution of Leonard. This is another pitiful failure of our
justice system to correct undisputed government wrongs. Despite the
supposed checks and balances ingrained in the constitution, it is
clear that there are no checks and balances and this is nothing more
than a concerted effort between the Courts, Congress, and the
Executive Branch to trample on American Indian rights and to hide
the outrageous misconduct of governmental agencies.

If in fact, I am wrong in this opinion, then Congress will
immediately conduct an investigation into the FBI's misconduct at
Pine Ridge and in Leonard's case, as we have recently requested of
Congress. It is once again time to make our voices heard loudly and
demand that our government accounts for its misdeeds; anything less
means that we will all be subject to the Kafkaesque treatment
suffered by Leonard.

~Barry Bachrach, Esq

From The Leonard Peltier Defense Committee:

 We will not let Leonard's issues go away and further commentaries and strategies will be released
within the next few days.

April 19, 2004

In the Spirit of Crazy Horse


Supreme Court Rejects Indian Activist Peltier's Appeal
Mon Apr 19, 2004 10:10 AM ET

By James Vicini

WASHINGTON (Reuters) - The U.S. Supreme Court rejected on Monday an
appeal seeking parole for American Indian activist Leonard Peltier,
who was convicted for the 1975 killings of two FBI agents.

Without any comment, the justices let stand a U.S. appeals court
ruling that denied Peltier's bid for a parole hearing and for
release from prison.

Peltier, whose case has received international attention, has been
in federal prison in Leavenworth, Kansas, serving two consecutive
life sentences for the slayings of the agents on the Pine Ridge
Indian Reservation in South Dakota.

FBI agents Jack Coler and Ronald Williams got into a firefight with
Indians when they went to the reservation to arrest four people
charged with armed robbery. The agents were wounded from a distance,
became incapacitated and were killed by shots fired at point-blank

At issue was a U.S. Parole Commission decision that Peltier was
ineligible for parole until Dec. 31, 2008, because he ambushed the
agents before executing them. A U.S. appeals court in Denver last
year upheld the commission's decision.

Peltier's lawyers appealed to the Supreme Court.

They said the appeals court "erroneously" affirmed the commission
decision and claimed government misconduct during prosecution of the
case because of withholding of evidence and coercing witnesses to
testify falsely.

Because of the commission decision, Peltier will have to serve at
least double the sentence he would have received under federal
guidelines, his lawyers said. They said he should have been eligible
for parole after more than 16 years in prison.

"For over 28 years, Mr. Peltier has suffered indignity and
injustice," Attorney Carl Nadler wrote in asking the high court to
hear the appeal.

"It truly is a sad commentary upon our judicial system and our
government that a man must suffer 28 years in prison
because 'someone' must pay for a crime that the government could not
prove he committed," Nadler said.

Four people were charged in the slayings. Two were acquitted and the
government dropped its case against a third. Peltier escaped to
Canada and was later extradited, tried, convicted and sentenced.

Peltier has unsuccessfully brought a number of appeals challenging
his conviction and sentence.



[LP Forum News] We Won!

From: Tacoma LPSG


The City of Tacoma has withdrawn all the silly conditions they put on our
march permit that would have, they had hoped, kept the Feb. 7th Tacoma
Leonard Peltier March For Justice from taking place. In the past we found
going with just lawyers talking to the city was too slow, but this time we
backed up the lawyers with an e-mail campaign that produced a lot of
e-mails, not only from across this country, but also e-mails came in from
different parts of the world. This campaign along with the work of the legal
team produced quick results.
One note on e-mail campaigns to public officials. I have found that
starting your campaign on a Sunday works good because when they go to their
office on Monday their e-mail box is already full and e-mails will continue
to come in all day Monday.
I wish to thank everyone who helped us and together we showed what can be
accomplished through solidarity. On Feb. 7th free speech will finally become
a reality in Tacoma, Washington. Thank you.
Arthur J. Miller
Tacoma LPSG


Subject: Barry Bacrharach's Message to Judiciary - March 29, 2004
Date: Sun, 18 Apr 2004 21:29:13 -0400
From: info@leonardpeltier.org

Dear Supporters

This is a repeat transmission of Barry Bacharach's call to the Judiciary

to include Leonard Peltier and the Reign of Terror on Pine Ridge in any
investigation into FBI Misconduct


March 29, 2004

Media Advisory          FOR IMMEDIATE RELEASE

Contact:  Barry Bachrach, Esquire; Bowditch & Dewey, 311 Main Street,
Worcester, MA  01615; (508) 926-3403 or bbachrach@bowditch.com

Peltier attorney urges Congress to investigate official misconduct

"After 28 years, the courts still won't correct the wrongs of the past.
In November 2003, the United States Tenth Circuit Court of Appeals
acknowledged that 'Much of the government's behavior at the
Pine Ridge Reservation and in its prosecution of Mr. Peltier is to be
condemned. The government withheld evidence. It intimidated witnesses.
These facts are not disputed.' Yet, the court claimed it lacked power to
address this issue. We believe that a congressional inquiry on the
misconduct in this case is long overdue," said Barry Bachrach, lead
counsel for American Indian activist Leonard Peltier.

Bachrach and other members of Peltier's legal team this week
submitted aformal request to the U.S. Congress for an investigation into the
Justice Department's actions against Peltier and the American Indian
Movement (AIM) during the 1970s. The strife between the government and
AIM culminated in the June 26, 1975, shooting deaths of two agents of
the Federal Bureau of Investigation (FBI). Peltier, who still maintains
his innocence, was convicted of the killings and sentenced to two
consecutive life terms. He is currently imprisoned at the U.S.
penitentiary at Leavenworth, Kansas.

Human rights organizations worldwide have long called for hearings into
the use of the criminal justice system by the FBI for political
purposes. Amnesty International, convinced that Peltier has repeatedly
been denied a fair trial and other fair consideration for either parole
or Executive Clemency, has called for his immediate release on the
grounds that he no longer has adequate recourse to justice.

"Despite repeated calls for congressional hearings by the U.S. Civil
Rights Commission, Amnesty International and individual members of
Congress, no congressional committee has yet had the courage to
investigate the FBI's counterintelligence activities against AIM or the
misconduct in the Peltier case. We believe Indians must be heard on
these matters.
All Americans have the right to know the truth about whatoccurred during that turbulent era."

The request to Congress calls on legislators to fully investigate the
FBI's role in the politically motivated violence on the Pine Ridge
Indian reservation in South Dakota from 1973 to 1976,
and the now documented official misconduct againstmembers of AIM during that
period. In the case of Peltier, the FBI's own documents show that the
government illegally obtained his extradition from Canada; as well as
withheld critical evidence, presented fabricated evidence, and
intimidated witnesses into providing false testimony at trial.

"We challenge Congress to finish the work the Church Committee began
nearly 30 years ago. Uncover the COINTELPRO tactics employed against
AIM. They are not any less egregious than the tactics used against other
activists of the time - Dr. Martin Luther King, Jr., for  example."

As discovered by the Church Committee and reported in 1976, the goals of
the COunter INTELligence PROgrams of the period from 1956 to the
mid-1970s were to "expose, disrupt, misdirect, discredit, or otherwise
neutralize" those persons or organizations that the FBI decided were
"enemies of the State."
Presidential candidate and military veteran John
Kerry was even placed under surveillance for exercising his free speech
rights in opposition to the Vietnam War.  The FBI's COINTELPRO
activities officially ended in 1971, but there have been examples of
counterintelligence-type operations against political dissidents

On May 30, 2002, Attorney General Ashcroft effectively abolished the
restrictions that were first imposed in 1976 on FBI surveillance of
Americans' everyday lives. These regulations, a direct result of the
Church Committee's inquiries, were specifically developed to counter the
COINTELPRO domestic spying program that had led to massive civil rights
era abuses during the 1960s and 1970s.

"COINTELPRO abuses are not a thing of the past. To understand the
present, we have to examine the past," Bachrach said. "Such government
misconduct against our citizens cannot be tolerated, not by a society
purporting to be founded on the principles of justice and freedom. We
trust that this inquiry will again lead to congressional oversight of
FBI domestic security investigations, as well as legislation
designed to better protect Americans' fundamental rights."

Leonard Peltier Defense Committee


[LP Forum News] Study Suspects Thousands of False Convictions

April 19, 2004

New York Times


A comprehensive study of 328 criminal cases over the last 15 years
in which the convicted person was exonerated suggests that there are
thousands of innocent people in prison today.

Almost all the exonerations were in murder and rape cases, and
that implies, according to the study, that many innocent people have
been convicted of less serious crimes. But the study says they
benefited neither from the intense scrutiny that murder cases tend to receive
nor from the DNA evidence that can categorically establish the innocence
of people convicted of rape.

Prosecutors, however, have questioned some of the methodology used
in the study, which was prepared at the University of Michigan and
supervised by a law professor there, Samuel R. Gross. They say that
the number of exonerations is quite small when compared with the number
of  convictions during the 15-year period. About 2 million people are
in American prisons and jails.

The study identified 199 murder exonerations, 73 of them in
capital cases. It also found 120 rape exonerations. Only nine cases
involved other crimes. In more than half of the cases, the defendants had
been in prison for more than 10 years.

The study's authors said they picked 1989 as a starting point
because that was the year of the first DNA exoneration. Of the 328
exonerations they found in the intervening years, 145 involved DNA evidence.

In 88 percent of the rape cases in the study, DNA evidence helped
free the inmate. But biological evidence is far less likely to be
available or provide definitive proof in other kinds of cases. Only 20 percent
of the murder exonerations involved DNA evidence, and almost all of
those were rape-murders.

The study, which will be presented Friday at a conference of
defense lawyers in Austin, Tex., also found that very different factors
contributed to wrongful convictions in rape and murder cases.

Some 90 percent of false convictions in the rape cases involved
misidentification by witnesses, very often across races. In
particular, the study said black men made up a disproportionate number of
exonerated rape defendants.

The racial mix of those exonerated, in general, mirrored that of
the prison population, and the mix of those exonerated of murder
mirrored the mix of those convicted of murder. But while 29 percent of those
in prison for rape are black, 65 percent of those exonerated of the
crime are.

Interracial rapes are, moreover, uncommon. Rapes of white women by
black men, for instance, represent less than 10 percent of all rapes,
according to the Justice Department. But in half of the rape
exonerations where racial data was available, black men were
falsely convicted of raping white women.

"The most obvious explanation for this racial disparity is probably
also the most powerful," the study says. "White Americans are much more
likely to mistake one black person for another than to do the same
for members of their own race."

On the other hand, the study found that the leading causes of
wrongful convictions for murder were false confessions and perjury by co-
defendants, informants, police officers or forensic scientists.

A separate study considering 125 cases involving false confessions
was published in the North Carolina Law Review last month and found
that such confessions were most common among groups vulnerable to
suggestion and intimidation.

"There are three groups of people most likely to confess," said
Steven A. Drizin, a law professor at Northwestern, who conducted the study

Richard A. Leo, a professor of criminology at the University of
California, Irvine. "They are the mentally retarded, the mentally
ill and juveniles."

Professor Drizin, too, said that false confessions were most common
in murder cases.
"Those are the cases where there is the greatest pressure to
obtain confessions," he said, "and confessions are often the only way to
solve those crimes."

Professor Drizin said that videotaping of police interrogations
would cut down on false confessions.

The authors of the Michigan study offered dueling rationales for
the murder exonerations, and both reasons, they said, were disturbing.

There may be more murder exonerations, they said, because the
cases attract more attention, especially when a death sentence is imposed.
Death row inmates represent a quarter of 1 percent of the prison
population but 22 percent of the exonerated.

That suggests that innocent people are often convicted in
run-of-the-mill cases. Indeed, the study says, "if we reviewed  prison
sentences with the same level of care that we devote to death
sentences, there would have been over 28,500 non-death-row exonerations in the  past 15 years rather than the 255 that have in fact occurred."

The study offered a competing theory, as well. Mistakes, it said,
may be more likely in murder cases and far more likely in capital cases.

"The truth," the study concludes, "is clearly a combination of these
two appalling possibilities."

Critics of the Michigan study questioned its methodology, saying
it overstated the number of authentically innocent people. The study
calls every nullification of a conviction by a governor, court or
prosecutor declaring a person not guilty of a crime an exoneration.

In Astoria, Ore., Joshua Marquis, the district attorney for
Clatsop County, said that many of the people exonerated under the study's
definition may nonetheless have committed the crimes in question,
though the evidence may have become too weak to prove that beyond a
reasonably doubt.

"The real number of people on death row exonerated in the sense of
being actually innocent in the modern era of the death penalty is about 25
to 30," Mr. Marquis said. The Michigan study put the number at 73.

He added that even the error rate suggested by the study was
tolerable given the American prison population.

"We all agree that it is better for 10 guilty men to go free than
for one innocent man to be convicted," Mr. Marquis said. "Is it better
for 100,000 guilty men to walk free rather than have one innocent man
convicted? The cost-benefit policy answer is no."

At the University of Michigan, Professor Gross said that was the
wrong calculus. "No rate of preventable errors that destroy people's lives and
destroy the lives of those close to them is acceptable," he said.

Barry Scheck, a founder of the Innocence Project, said Mr.
Marquis's analysis ignored another point.

"Every time an innocent person is convicted," Mr. Scheck said, "it
means there are more guilty people out there who are still committing


Pain of loss remains fresh
But murder victim's daughter also offers pardon as Arlo Looking Cloud is
sentenced to life in prison.
By Heidi Bell Gease, Journal Staff Writer
RAPID CITY -- It has been nearly 30 years since her mother's murder, and
Deborah Maloney Pictou says she has felt the pain of that loss every day since.
She felt it as a teenager, when she remembers crying and whispering, "Mom, I
need you."
She felt it as a young woman becoming a mother for the first time, wishing
her own mother was there to share her joy.
And she felt it when, on Friday, she addressed the man convicted in her
mother's shooting, shortly before he was sentenced to life in federal prison.
"My sister and I were just 10 and 11 years old when you took our mother from
us," Maloney Pictou told Arlo Looking Cloud, 53, who was convicted Feb. 6 of
the first-degree murder of American Indian Movement activist Anna Mae Pictou
Aquash. "You took away my opportunity to make memories of her."
But Maloney Pictou also reached out to Looking Cloud, who sat expressionless,
wearing a striped jumpsuit, through his sentencing before U.S. District Judge
Lawrence Piersol.
"There is a spiritual healing going on in this case," and it can touch
Looking Cloud and his family along with hers, Maloney Pictou said. First, though,
she said Looking Cloud must accept responsibility for his actions.
"All I can give you is my forgiveness," she said. "But you need to ask for
That didn't happen Friday. On the advice of his new attorney, Terry Gilbert,
Looking Cloud did not speak at his sentencing because of a pending appeal but
asked Gilbert to speak on his behalf.
"The first thing he would like to say is, he shares the grief ... regarding
the loss of Anna Mae Aquash," Gilbert said. "But having said that, he will not
say that he is responsible for her murder, and he will never say that. ... "In
his mind, he is absolutely innocent of her murder."
Pictou Aquash was murdered in December 1975. Testimony in Looking Cloud's
trial indicated that he and others took Pictou Aquash from a home in Denver,
drove her to South Dakota and eventually took her to the Badlands near Wanblee.
There, she was shot in the head, reportedly because some in AIM believed she was
a government informant. Her body was found in February 1976.
A co-defendant, John Graham, is fighting extradition from Canada. A third
person allegedly involved, Theda Clarke, lives in a nursing home and has not been
Friday, Gilbert raised the question that others may have been involved.
Pictou Aquash's body was exhumed from a Pine Ridge Indian Reservation cemetery
Thursday to be taken back to the Mi'kmaq reservation in Nova Scotia for reburial,
and Gilbert asked Piersol that the remains first be tested for DNA evidence.
Gilbert said autopsy results indicated Pictou Aquash may have had sex before
she died. He said DNA could provide information that might lead to others
responsible for her death.
However, Assistant U.S. Attorney Bob Mandel said he had spoken with the man
who operates the FBI lab's DNA unit to explain the circumstances of Pictou
Aquash's death and interment. The expert told him the possibility of finding any
useable DNA was "nonexistent."
Piersol denied Gilbert's request for DNA testing.
Before sentencing, Gilbert said he wanted the record to reflect that Looking
Cloud did not have a psychological evaluation before the trial, despite some
evidence of mental problems. He also noted that attorney Tim Rensch, who
represented Looking Cloud at trial, had arranged a meeting for his client with a
local psychiatrist but that Looking Cloud refused to see him.
Based on his meetings with Looking Cloud over the past two days, Gilbert
said, "I can attest ... that there are problems here," which he believes affect
Looking Cloud's judgment, memory and perception.
Gilbert gave a laundry list of drugs Looking Cloud has used over the years.
"I really feel strongly that before he is sentenced we need a thorough
examination of this defendant," he said.
Mandel objected, saying that a taped interview with Looking Cloud showed him
to be lucid and understanding of the questions asked. "There's not a shred of
evidence before the court that he was incompetent to stand trial, which, of
course, is the issue," he said.
Piersol agreed there was no basis to support the claim that Looking Cloud was
incompetent to be sentenced.
With that, Jim "Jake" Maloney, the father of Pictou Aquash's daughters, stood
to address the court. He said he had watched his daughters cope with the
devastating loss of their mother.
"My daughters have been suffering a life sentence of pain, a pain that always
has been in their hearts," Maloney said. "I want you, Mr. Arlo Looking Cloud,
to start your sentence of pain, so someday you will start your healing
Deborah Maloney Pictou spoke next, clutching a small prayer bundle and
wearing a feather in her hair that her mother had given her.
Joe American Horse, a relative of Looking Cloud, assured Pictou Aquash's
family that her body had been buried with prayers and blessings.
Before sentencing, Gilbert told the court that Looking Cloud's trial was
mostly an indictment of AIM.
"Justice was not done in this case. ... The truth did not come out," he said.
"The bottom line is that Arlo Looking Cloud is innocent."
Looking Cloud stood silently as Piersol sentenced him to life in prison,
giving a barely audible "yes" when asked if he understood his right to appeal.
Piersol noted that Looking Cloud could be eligible for parole in 10 years
because the 1975 murder occurred before law changes eliminated the federal parole
Gilbert, a Cleveland attorney who defended AIM members after the Wounded Knee
standoff in 1973, said he would file an appeal within 10 days. It will likely
center on evidence admitted at trial, including testimony about AIM that he
said was irrelevant and cast an unfair aura of guilt over Looking Cloud.
"There was so much hearsay that the judge let in. ... There really was no
direct evidence," he said.
Meanwhile, Pictou Aquash's daughters say they carry their mother's spirit.
"Her blood runs strong within us," Deborah Maloney Pictou said Friday. "We will
be relentless in our search for truth and justice."

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com


Dennis Banks speaks out

Posted: April 23, 2004 - 10:48am EST
by: Brenda Norrell / Southwest Staff Reporter / Indian Country Today

ALBUQUERQUE, N.M. - Dennis Banks, national chairman of the American Indian
Movement, said the FBI knew who shot Anna Mae Pictou Aquash at the time it
happened 28 years ago. Banks linked Aquash’s death with her knowledge of the events
surrounding the rape of a Lakota teenager, allegedly by William Janklow.

Speaking at the University of New Mexico, Banks said it is not known who
fired the shot that killed Aquash, but it is known that the FBI’s informant
network was responsible for spreading rumors that Aquash was an FBI informant.

Further, Banks said the real target of the prosecution is the AIM leadership.
"They are going to point the finger at the American Indian Movement. If they
want to point the finger at Dennis Banks, bring it on," Banks said.

Banks spoke of his new autobiography, "Ojibwa Warrior," birth of the American
Indian Movement, racism at the University of New Mexico and murder of Aquash.

Banks said there are two people he glorifies in the book, Kamook Nichols and

"In their hearts, at that time, they were what the movement was all about, to
move on, move on with dignity and pride."

Banks questioned why it took so many years for Aquash’s murder to go on trial.

"Her death has been a mystery, but it was not a mystery to AIM or the FBI,"
he told Native students and professionals in the packed student union
conference room.

Banks said part of the tragedy of her murder was answered during the federal
trial of Arlo Looking Cloud in Rapid City, S.D., in February, but not all of

"The question of who pulled the trigger remains unanswered."

Banks said John Graham, charged in Vancouver, British Columbia, with
first-degree murder in the case, was offered a deal by the FBI three weeks ago.

"If he gave up the AIM leadership, they would let him walk on the Anna Mae
murder," Banks said, indicating Graham would be expected to give information or
testify against AIM leaders.

Banks said he had long wanted to know who initiated and spread rumors that
Aquash was an FBI informant. "I never believed that she was an informant."

Banks pointed out that FBI Special Agent David Price testified during the
Looking Cloud trial that Aquash was not an FBI informant.

Banks also pointed out that Aquash told friends that Price told her she would
not live out the year.

"David Price was the one who built the informant network against the American
Indian Movement," Banks said. "It was the FBI informant network themselves
that began to spread that rumor."

Referring to the mid-1970s, Banks said those were scary times and the rumor
spread orchestrated by the FBI.

"Who set this in motion," Banks asked. "I will take this to my grave that it
was the FBI that set this in motion."

Detailing the years before Aquash’s death, Banks said he prosecuted a white
man in Rosebud, S.D., for the rape of an Indian girl. The white man, an
attorney, was disbarred in Rosebud Sioux Tribal Court.

Then, the white people of South Dakota turned out in droves to elect that
man, first as South Dakota Attorney General, then as South Dakota governor for 16
years and finally as U.S. Congressman. That same man later prosecuted Banks
on riot charges. That man was William Janklow.

Without calling her by name, Banks was referring to Jancita Eagle Deer, who
testified that Janklow raped her and threatened her with a gun in January of
1967, while she was a minor in his care. Eagle Deer was mysteriously struck by a
car in a remote part of Nebraska and killed in April 1975. Within a year,
Aquash was also dead.

Referring to Aquash’s knowledge of Janklow and the rape and death of Eagle
Deer, Banks said, "Anna Mae was a part of that and she was killed violently."

Banks also spoke of the cold Anishinabe country of Minnesota, where he now
harvests wild rice, in America’s largest wild rice field of Leech Lake. Maple
syrup, blueberries and chokecherries, for syrups and jellies, are also harvested
and sold in his food line.

"Now we make wild plum jelly, delicious," he said, adding, "If we had to live
on natural foods, we’d probably starve to death."

Banks told of his tiny home that’s so cold that the fax machine freezes up,
and of constructing birch bark canoes for races.

Banks was spring lecturer in the Native American Lecture Series, sponsored by
UNM’s Native Studies Department.

Calling for a boycott of the university administration, Banks described a
recent racist incident on campus, where a white student attempted to unplug the
music of an American Indian band in an outdoor concert. Banks said the
university president’s letter was not satisfactory.

"Send it back," Banks said. "An act of racism is an act of racism that needs
to be dealt with."

Banks said AIM was founded because Native people were filling the jails,
standing in bread lines and being beaten in jail elevators. In Minneapolis, police
paddy wagons backed up to the back doors of bars and packed them with Native

Before the birth of AIM, Banks and a white friend, Bill Clark, were arrested
for burglary. Banks was sentenced to prison, but not Clark. In prison, Banks
looked around and saw the reason why.

While in prison, Banks was inspired by newspaper accounts of Vietnam War
protests, with tens of thousands marching in the streets. Today, however, he said
there is complacency and American Indians are lost to wars.

"Our sons and daughters volunteer, they go to the wars we are dragged into,
they go willingly and we lose them.

"Bush has pushed us to the point of being warmongers. But mothers and fathers
have the caskets coming home - there is no cheering."

On a book promotion tour through California, Arizona and New Mexico, Banks
praised Indian gaming for providing revenues for development. But he pointed out
that governors are now trying to "latch on to Indian money."

Referring to Arnold Schwarzenegger, Banks said an Austrian, elected governor
of California, is now asking American Indians to "pay their fair share."

Describing the slaughter of American Indians, Banks said American Indians
have paid their fair share. He said Indians are not responsible for the states’
imbalanced budgets.

If California wants to tax an industry, Banks said the state should begin
with the motion picture industry. Since Schwarzenegger gets $15 to $20 million
for a film, Banks said, "Let’s start taxing that."

Banks encouraged UNM students to push themselves toward creating their own
jobs, rather than aspiring for corporate jobs.

Banks said he would never be too tired to stand up in the struggle.

"We are still who we are. We believe we are the landlords of this country."

Banks received a standing ovation.

"Ojibwa Warrior: Dennis Banks and the Rise of the American Indian Movement,"
by Dennis Banks with Richard Erdoes, is published by the University of
Oklahoma Press.

This article can be found at http://IndianCountry.com/?1082731800


[from the Boston Area LPSG list]


The Patriot Act legalizes COINTELPRO type tactics and violates the civil rights of all Americans in the name of Homeland Security. It has not been proven to make 'our homeland' more secure. Many cities and counties across the nation have called for its repeal either in part or in whole.
For more information see:

301 Civil Liberties Safe Zones! Four states and 297 cities and counties have passed resolutions to protect their 51,035,028 residents' civil liberties. Hundreds more resolutions critical of the Patriot Act are in


Three members of the Massachusetts congressional delegation are members of the Judiciary. In the House of Representatives are William Delahunt and Marty Meehan. In the Senate, Ted Kennedy.

***All MA supporters, please write Senator Kennedy.
***If Rep. Delahunt or Meehan is your Rep. please also write them.

For info on the 7 Letters for Leonard campaign, including sample
letter, and to look up your rep and senator:

Letters written in your own words are best.

To all those who have already written the 7 letters for Leonard, thank you. If you are willing and able, please send a copy of your letter to the remaining members of the judiciary committees.

Contact information for ALL Judiciary members:
port.org/Welcome/CommitteeRoster.html" \t "_blank" http://www.peltiersupport.org/Welcome/CommitteeRoster.html



      Alabama            Max Bachus                                                                                    Arizona            Jeff Flake
       California           Zoe Lofgren
          California          Linda Sanchez
     California          Adam Schiff
           California          Maxine Waters
              California           Howard Berman
        California          Elton Gallegly
       Florida             Robert Wexler
 Florida            Tom Feeney                                                                                         Florida            Ric Keller
Illinois           Henry Hyde
          Indiana            John Hostettler
  Indiana            Mike Pence                                                                                         
Iowa              Steve King
                         Massachusetts         William Delahunt
                    Massachusetts         Martin Meehan
                                                Michigan            John Conyers - RANKING MEMBER
            New York           Anthony Weiner
         New York           Jerrold Nadler
            North Carolina        Melvin Watt
                North Carolina        Howard Coble                                                            
 Ohio             Steve Chabot
           Pennsylvania         Melissa Hart
              Tennessee           William Jenkins
                   Tennessee           Marsha Blackburn
              Texas             Sheila Jackson Lee
 Texas             John Carter
   Texas             Lamar Smith
  Utah             Chris Cannon
   Virginia           Robert Scott
    Virginia           Rick Boucher
             Virginia           Robert Goodlatte
      Virginia           Randy Forbes
                Wisconsin           Tammy Baldwin
                                            Wisconsin           James Sensenbrenner - CHAIR
       Wisconsin           Gene Green


             Alabama            Jeff Sessions
Arizona            Jon Kyl
                    California          Dianne Feinstein
               Delaware           Joseph Biden
                    Georgia            Saxby Chambliss
      Idaho             Larry Craig
             Illinois           Richard Durbin
               Iowa             Charles Grassley
                              Massachusetts         Edward Kennedy
                     New York           Charles Schumer
                       North Carolina        John Edwards
      Ohio             Mike DeWine
                   Pennsylvania         Arlen Spector
                          South Carolina        Lindsey Graham
      Texas             John Cornyn
                   Utah             Orrin Hatch - CHAIR
                                               Vermont            Patrick Leahy =AD RANKING MEMBER
         Wisconsin            Herb Kohl
                Wisconsin           Russ Feingold


[LP Forum News] LPDC Legal Update as of April 30, 2004


This is part of a long battle to acquire documents the government has
been withholding; the United States government has engaged in a long
history of withholding crucial documents concerning key aspects of
Leonard's case.  At Leonard's 1976 trial, the FBI produced approximately 3,500 documents and indicated that these were all the documents that existed.  

History proves this to be absolutely false.  

After Leonard was convicted, Peltier's legal team acquired, through the Freedom of Information Act requests, 12,000 documents that the FBI had previously withheld. These documents unequivocally demonstrated that the FBI withheld crucial exculpatory evidence which was not presented at trial and that the FBI presented perjurious testimony to wrongfully and unfairly obtain Leonard's conviction. The FBI, under the guise of
"national security interests," purportedly withheld 6,000 documents,
stating that that was the extent of the documents in the Peltier file.

Since that time, the legal defense team has discovered that the
government is still withholding approximately 140,000 documents
concerning Leonard's case.  

We are pursuing this as follows:


Other issues which have arisen involve missing files throughout the
country and we find the missing New York [file to be particularly

Michael Kuzma has been leading the charge to acquire the over 140,000  pages of FBI documents contained in field offices throughout the United States.  

We, the legal team filed suit in the United States District Court for the Western District of New York on 12/02/03.  As a result of this FOIA lawsuit, the FBI reviewed 812 pages from the Buffalo field office and released 797 pages in full or part on 3/16/04.  The FBI is  invoking national security and law enforcement exemptions for withholding documents. As a result of a suit in Minneapolis, the  Chicago file of approximately 2,500 docs has been released in full or in part based on the exemptions.  Processing has begun on the Minneapolis file and we have learned that the Minneapolis file actually has 90,000 pages. We had initially believed that only 45,000 were in the main file, but we have now learned that an additional 45,000 are in a sub-file.  Also, we have learned that there are a total of 140,000 files in field offices around the country, whereas, previously, the FBI had told the team that there were 60-100,000.  

We are pressing hard to have the government immediately release all files.

We found the New York City file to be particularly mysterious.

A request was submitted to the New York City office and we were advised that Leonard's files "was presently unavailable" and placed on "special locate."  This was reiterated again in the summer of 2003.  In December of 2003, we filed an appeal and on February 27, 2004, OIP advised us that the FBI was making every effort.  People should contact their representatives in the Senate and the House to find out what happened to the missing files and to inquire as to why the files haven't been produced.

Peltier v. Demain

Leonard has sued Demain for libelous statements implicating Leonard in the murder of Anna Mae Aquash.  Leonard has also sued Demain for making half truths which are in effect falsehoods because the statements ignore key facts which put the statements in context.  Leonard continues to pursue the suit and Demain's deposition will be taken in the near future.


The United States Court of Appeals for the Tenth Circuit affirmed the Parole Commission's refusal to reconsider Leonard for parole until December 2008.  In doing so the Court acknowledged: "Much of the government behavior at the Pine Ridge Reservation and in the prosecution of Mr. Peltier is to be condemned.  The government withheld evidence. It coerced witnesses. These facts are undisputed."  

Nevertheless, the court said it lacked power to address the issues.  

So this raises the issue as to who corrects government misconduct.

 In any event, we filed a petition for certiorari (a request to have the Supreme Court hear the case) and it was denied, "without comment" in mid April, 2004.  We have also petitioned Congress to request that it conduct hearings into the government misconduct at Pine Ridge and in the prosecution of Mr. Peltier.


Bernard Kleinman continues to pursue the Civil Rights action. The government is acting particularly egregiously in attempting to avoid service of process. In spite of the adoption of rules of federal civil procedure, which seek to make it easy for parties to be served without the incurring of unnecessary expenses, the government refused to follow  its own rules and has attempted to make it difficult for us, Leonard's legal team, to achieve service of process.  Despite the roadblocks set up by the government, service of process is underway. We hope to have all parties served within the next two weeks so that the government will be forced to address the allegations, which involve outrageous and extreme behavior by current and former FBI agents.  As expected, the FBI has moved to dismiss.  We expect to strenuously oppose this and defeat it.  The next phase of the lawsuit will involve discovery which will be costly as it involves document acquisition, paralegal assistance, and taking depositions from FBI agents under oath.


Carl Nadler and Barry Bachrach are presently representing Leonard in an action which is extremely important to his freedom. The action claims the unconstitutional application of the Sentencing Reform Act by the United States Parole Commission ("Commission"). Once Congress mandate release of those in Leonard's position within a specific date within guidelines, Congress' subsequent repeal of that statute, thereby increasing the sentences of those in Leonard's position constitutes a violation of Leonard's Constitutional rights and means he has been unconstitutionally incarcerated since November of 1992.  We need to rally around this issue and insure that the courts finally give Leonard the justice he is due.

Finally the legal team has many other avenues it is pursuing to seek Leonard's long overdue freedom. Because of the importance in keeping these tactics confidential, the information presented in this update is all that can be revealed now.  However, it is the legal team's firm opinion that there are still many avenues of relief, which should ultimately open the prison doors for Leonard.  More than ever, the legal team and Leonard need your support to keep these avenues alive. The legal team will keep you informed as to how you all can help.  In particular, you will be informed as soon as it is known who the new Congressional Government Reform Committee Chair is.  Your help is so important in attaining Leonard's ultimate freedom from the unjust imprisonment he has faced all these years.


[LP Forum News]

 Leonard Peltier struggles on for freedom
Author: John Gallagher

People's Weekly World Newspaper, 04/29/04 12:02

After 28 years, the courts still won't correct the wrongs of the past. On April 19 the U.S. Supreme Court refused to review the 10th Circuit Court of Appeals' denial of Leonard Peltier's request to be considered for parole, despite the Circuit Court's recognition that the government indisputably engaged in misconduct in the prosecution of Peltier.

Peltier, a Native American Indian activist and a recent candidate for
the Nobel Peace prize, is serving two life terms for the 1975 shooting deaths of two FBI agents, Jack Coler and Ronald Williams, on the Pine  Ridge reservation in South Dakota. His appeals have been exhausted.

Barry Bachrach, lead attorney for Peltier, told the Circuit Court that the Parole Commission strayed from its own guidelines when it repeatedly refused to consider setting a parole date until 2008. Had it followed such guidelines, Peltier would have been released more than 10 years ago.

In November 2003, the Circuit Court acknowledged "Much of the government's behavior at the Pine Ridge reservation and in its prosecution of Peltier is to be condemned. The government withheld evidence. It intimidated witnesses.

These facts are not disputed." Yet the court claimed it lacked power to address the issue.

Bachrach and other members of Peltier's legal team recently submitted a formal request to the U.S. Congress for an investigation into the Justice Department's actions against Peltier and the American Indian Movement (AIM) during the 1970s. Such an inquiry, Bachrach said, "is long overdue."

Peltier supporters have asked the House Judiciary Committee to include the case of Peltier in their investigation of FBI misconduct following the House Government Reform Committee report on the "Deegan case," in which the FBI cultivated a hit man as a star informant and government witness, and watched silently as he falsely accused four men of the murder.

Internal FBI documents show agents and their supervisors knew the identities of the real killers in the Deegan case, but that federal officials took "affirmative steps" to make sure that the four innocent men convicted in the case would not obtain post-conviction relief and would die in prison. Two of them did.

The most damaging evidence at Peltier's trial was the testimony of an
FBI ballistics expert, who claimed that a firing pin test of an AR-15 rifle, believed to be owned by Peltier, matched shell casings found near the slain agents. However, the Leonard Peltier Defense Committee (LPDC) obtained FBI documents stating that the test proved inconclusive. Even prosecutor Lynn Crooks, during oral arguments for a new trial, said, "We can't prove who shot those agents."

In an earlier appeal, the Eighth Circuit Court of Appeals stated that, had evidence not been withheld from the defense at the original trial, the jury "possibly" could have come to a different conclusion. However, according to the Bagley standard (U.S. v. Bagley), the defense needs to  prove that the jury "probably" could have come to a different conclusion.

Another approach of Peltier's legal team is getting the release of FBI documents to prove Peltier's innocence. The FBI has recently turned over 797 pages from its Buffalo field office concerning Peltier. The FBI also admitted to the defense team that 140,000 pages related to the case are in field offices, far more than previously admitted. At the Peltier trial in 1977, the U.S. government said only 3,500 pages existed.

In June of 2002, about 30,000 pages of FBI documents were released to
Rep. Barney Frank (D-Mass.), who said he was "only doing his job" by
responding to constituent requests for the release of the documents. The LPDC has learned that up to an additional 100,000 pages of files are still being withheld, and is urging people to contact members of the Senate Judiciary's Subcommittee on Terrorism, Technology and Homeland Security to demand public hearings for the release of the remaining documents.

It is also asking people to contact members of the House and Senate Judiciary Committee to finish the work the Church Committee began nearly 30 years ago to uncover the COINTELPRO tactics employed against the American Indian Movement and Leonard Peltier. Members of the congressional committees can be found and contacted by logging on to www.congress.org and clicking on "U.S. Congress."

The LPDC is planning a march during the Democratic National Convention to raise the issue of executive clemency for Peltier.

For more information, visit www.leonardpeltier.org

The author can be reached at pww@pww.org


[LP Forum News]

 Response from Senator Russ Feingold

Hey folks,

Below is a response from Senator Russ Feingold (D-WI) to me. Below that letter is a letter to Sen Feingold on congress.org .
 A link is provided at the beginning of that letter to send a message to Sen. Feingold.
Please keep in mind that Sen Feingold is the only Senator who voted against the Patriot Act, so lets not be harsh to him.

John G


Dear John,

Thank you for contacting me regarding the imprisonment of Leonard Peltier.
I appreciate hearing from you.
Mr. Peltier is currently serving two life sentances for the 1975 murders of two FBI agents during a siege at the Pine Ridge Reservation in South Dakota.
A motion to reduce Mr. Peltier's sentence was denied by the U.S.District Court for the Eight Circuit.
The Leonard Peltier Defense Committee received 30,000 pages of FBI documents this summer relating to the Peltier case, which were obtained by Congressman Barney Frank, and I am aware that Mr. Peltier's attorney has filed Freedom of Information Act (FOIA) requests which are now pending at a number of FBI Field Offices for additional case related information.

Thanks again for contacting me. Should the Judiciary Committee, on which I serve, consider this matter, I will certainly keep your thoughts in mind. I look forward to hearing from you in the future.


Russell D. Feingold
United States Senator



Subject: FBI Must be Investigated
To: Sen. Russ Feingold

April 27, 2004

Louis Freeh, the director of the FBI from 1993 to 2001, testified before the 9/11 Commission, saying his agency's ability to prevent 9/11 was frustrated by Congress, which did not provide sufficient money and  resources.

Now the federal government has agreed to pay $2 million to settle a civil rights lawsuit filed by two leaders of the environmental group Earth First who were arrested and branded eco-terrorists by the FBI after they were injured when a bomb exploded in their car in Oakland 14 years ago.

How much did it cost, I wonder, to target the American Indian Movement (AIM) leadership & the Black Panthers in the 70's?

The Bureau's documented intent was to "expose, disrupt, misdirect, discredit, or otherwise neutralize" the these organizations.

After the 1973 siege of Wounded Knee, the FBI caused 542 separate charges to be filed against those it identified as "key AIM
leaders". This resulted in only 15 convictions, all on such petty or contrived offenses.

 How much did it cost the FBI then?

The three years following Wounded Knee are often referred to as the Pine Ridge "Reign of Terror" because over 60 traditionalists were murdered between 1973-6. The FBI turned a blind eye to these events. On the contrary the FBI supplied vigilantis with weaponry against AIM.

 How much did that affect the FBI budget?

The FBI found enough time and money to take a full page ad in all the major US papers in December, 2000 to print their version about Leonard Peltier's role in the murder of the two FBI agents. The ad's didn't mention that a proscecutor stated that the government didn't know who shot those agents.

How much money is the FBI spending blocking the release of the FOIA documents on the Reign of Terror and Leonard Peltier?

The House Committee on Government Reform (HCGR) detailed misconduct by agents of the Federal Bureau of Investigation (FBI) and their
supervisors (right up to former FBI Director J. Edgar Hoover), in the 1965 murder of Edward "Teddy" Deegan. This is a case in which the FBI cultivated a Mafia hit man as a star informant and then government witness, and watched silently as he falsely accused four men of the murder.

Internal FBI documents show that FBI agents and their supervisors knew the identities of the real killers all along. Federal officials also took "affirmative steps" to make sure that the four innocent men convicted in the Deegan case "would not obtain post-conviction relief and that they would die in prison."

Two of the men did die in prison.

There have been "no adverse consequences" for the law enforcement officials who permitted these atrocities to occur.

Now the House Judiciary Committee is taking steps to investigate such misconduct. This committee must include misconduct of the 1970's reservation murders in South Dakota and the case of Leonard Peltier.

Leonard Peltier's defense attorney Barry Bachrach has recently called on  Congress to continue the work of the Church Committee to investigate FBI misconduct, which was held in abeyance in 1975.

My concern is that all congress persons can't just wait for this action to come to the House and Senate floor. It won't just fall from the ceiling.

This issue needs to be addressed and it takes a few congresspersons to bring the inititive to put it on the floors for debate.

The Appellate courts say they don't have the authority to keep the Parole Commission within their boundaries in its decision to deny Leonard Peltier parole.

The Supreme Court throws the appeal to that decision in the waste basket.
So it is up to Congress to see that the laws of the land are abided by. There answer is not by funding the FBI, but by overseeing the FBI & the obsequious courts. Thats where the Senate & House Judiciary Committee's come in.

Yes, the case of Leonard Peltier & the resmurs of the 70's must be included in the investigation & the Church Committee must come back to fruition.

Woonsocket , RI


[LP Forum News]

 BBC News online: Native American prisoner to fight on

Last Updated: Saturday, 24 April, 2004, 04:49 GMT 05:49 UK

Native American prisoner to fight on
by Chris Summers
BBC News Online

Native American activist Leonard Peltier has spent 28 years in prison for a crime he says he did not commit - the cold-blooded murder of two FBI agents on an Indian reservation in the summer of 1975. On Friday, as another activist was jailed for life for a murder on the same reservation, BBC News Online spoke to Peltier's lawyer Barry Bachrach.

A ticker on the Leonard Peltier Defense Committee website counts the days, hours, minutes and seconds that he has served in prison.

It currently stands at 10,305 days.

Peltier was convicted of the murder, on 26 June 1975, of FBI agents Jack Coler and Ron Williams.

The pair had been involved in a firefight with members of the American
Indian Movement (Aim) on a property, known as the Jumping Bull site, on
the Pine Ridge reservation in South Dakota.

Both were finished off, at close range, by their killers.

Peltier has always admitted he was on the Jumping Bull site on that day but he claims he escaped, along with other Aim activists, before the agents were killed.

'He knows who did it'

His lawyer, Barry Bachrach, told BBC News Online: "He knows, through rumours, who did it but he will not reveal it."

Mr Bachrach is currently preparing an appeal, challenging the Parole Commission's right to set Peltier's parole date, bearing in mind its record of "arbitrary and capricious" decisions.

On Friday a former AIM activist, Arlo Looking Cloud, was jailed for life for the murder of a colleague, Anna Mae Pictou-Aquash, whose body was found on the Pine Ridge reservation in February 1976. The trial heard she was killed because she was suspected of being an FBI informant.

Pine Ridge is home to the Oglala Sioux tribe, whose famous ancestor was
the warrior Crazy Horse.

Mr Bachrach said: "Arlo's trial was a farce. It was a set-up. This was
not a trial about Arlo Looking Cloud. They couldn't care less about
Arlo. It was about putting to rest the AIM and getting some more shots
in at Leonard. They want to make sure he never gets out."

He said: "What is important to bear in mind is that this (Pine Ridge) was a war zone. At the time - between 1973 and 1976 - it was known as the "reign of terror".

'Terrorising people'

"During this time Dick Wilson (the former tribal chief, now deceased)
hired a group known as the Guardians Of the Oglala Nation (Goon), and
they were terrorising people.

"Wilson was leasing and hiring land, rich with uranium deposits, to energy companies.

"The US Government and the FBI were supporting Dick Wilson and his Goons, who committed more than 60 murders which were uninvestigated."

Mr Bachrach said: "The only one of these 60 murders which anybody has
bothered to reinvestigate was Anna Mae's."

Arlo Looking Cloud's trial heard evidence from Darlene "Kamook" Nichols, the former wife of one-time Aim leader Dennis Banks.

She claimed Anna Mae was challenged about being an FBI informant at a convention in New Mexico in June 1975.

Ms Nichols testified that Peltier threatened Anna Mae with a gun and added: "She told him that if he believed that he should go ahead and shoot her."

Mr Bachrach said he visited Peltier last week at Leavenworth penitentiary in Kansas: "I asked Leonard about what Kamook said. He said he was asked to inquire of Anna Mae if she was working for the FBI and he took her into a teepee in Farmington, New Mexico to talk to her. But it's false to say he struck a gun in her mouth."

Ms Nichols also told the trial that Anna Mae had said Peltier later bragged about killing the two FBI agents.

Mr Bachrach said: "This case was nothing more than smearsay. They
coached Kamook and she admitted she had been paid $40,000 by the FBI.

"Her evidence should never have seen the light of day."


He said: "Leonard feels very betrayed by Kamook. It's very hurtful for
someone you think is a friend to lie about you."

He added: "Why would he brag about killing the agents if he suspected
she was an informant?"

Pine Ridge is home to the Oglala Sioux nation.   Peltier is one of the best-known alleged miscarriages of justice victims in the United States.

In the past he has received messages of support from Nelson Mandela, the Dalai Lama, British MP Tony Benn and numerous actors, including Robert Redford and Winona Ryder.

Mr Bachrach said: "We are not going to go away. This is an injustice and a government cover-up and we are just not going to go away until Leonard is released and even when he is released we will not go away."

He recently wrote to the US Congress asking them to widen an investigation into FBI misconduct in Boston, Massachusetts (involving mafia boss James "Whitey" Bulger) to include alleged misconduct among FBI agents in South Dakota in the 1970s.

copyright BBC 2004

[In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only.]


[LP Forum News]

 Former U.S. District Judge Paul Benson, 85, dies


Sat. April 24, 2004

Former U.S. District Judge Paul Benson, 85, dies

BISMARCK, N.D. (AP) - Former U.S. District Judge Paul Benson, who presided over high-profile murder trials involving American Indian activist Leonard Peltier and suspects in the killing of two federal marshals, has died. He was 85.

Benson died Thursday in the Willow Pointe assisted living center in Verona, Wis., a suburb of Madison, according to his daughter, Polly. He had taken senior status, with a reduced caseload, in 1985. He retired in 1998.

Attorney General Wayne Stenehjem, who said he handled several cases before Benson as a private lawyer in Grand Forks, said the judge was both tough and compassionate.

"He had a reputation as somebody who was a hard worker, a strict man, but a very compassionate judge and a very good, thorough and always well-prepared judge," Stenehjem said.

U.S. Magistrate Karen Klein called Benson her first mentor.

"He was a very shy man. It would have been incompatible with his personality to talk about leaving a legacy," Klein said.

Benson handled two of North Dakota's most closely followed murder trials during more than a decade on the federal bench - the 1977 trial of Peltier in Fargo for the deaths of two FBI agents, and the 1983 trial of four people in a shootout near Medina, in central North Dakota, in which two federal marshals were killed.

In 1986, federal marshals were assigned to protect Benson and his family after the judge received a mail bomb. It was disarmed when a court security officer became suspicious.

"In his own way, he was a very kind, gentle individual, but he was very much to himself, and that's the way he saw judging," attorney Jim Hill of Bismarck, who was a law clerk for Benson in the 1970s, said.

"He would isolate himself and attempt to judge in the fairest manner possible," Hill said.

Klein said Benson delayed taking senior status for a few months so he could ensure the state had a full-time magistrate position.

"He looked like everybody's picture of a judge; he was tall, he had white hair," Klein said. "Lawyers, I think, generally were in awe of him.

"There were people who criticized him because they felt he was rigid," she said. He believed strongly, she said, about "remaining true to the law rather than bending his application of the law to fit his own personal views."

Visitation is scheduled for Wednesday, from 5 p.m. to 7 p.m. at the Amundson Funeral Home in Grand Forks.

Benson's funeral is scheduled for 11 a.m. Thursday at United Lutheran Church in Grand Forks.

Benson, a nephew of the late U.S. Sen. Milton Young, R-N.D., was appointed to the federal bench by Richard Nixon in July 1971. He succeeded Ronald Davies in the judgeship, which was based in Fargo.

Benson was an aide to Young in the late 1940s in Washington, D.C., while he was attending law school at George Washington University. He served in the Navy after graduating from the University of North Dakota in 1942, leaving four years later as a lieutenant.

After getting his law degree, Benson worked briefly as a private attorney in Cavalier before joining a Grand Forks law firm in 1950.

He remained there until he was appointed to the federal bench, except for a seven-month stint in 1954 as North Dakota's attorney general. Benson completed the term of the incumbent, Elmo Christianson, who resigned after he was convicted of a federal charge of conspiring to bring illegal slot machines into North Dakota.

In 1977, Benson presided over the jury trial of Peltier, an American Indian Movement member who was sentenced to two consecutive life terms for killing two FBI agents on South Dakota's Pine Ridge Indian Reservation.

Six years later, Benson handled another high-profile murder trial, involving the shooting deaths of two federal marshals during a February 1983 confrontation near Medina, in central North Dakota.

Two of the four defendants, Yorie Kahl and Scott Faul, were convicted of murder and sentenced to life in prison. Yorie Kahl's mother, Joan, was acquitted, and another man, David Broer, was convicted of conspiracy and harboring a fugitive.

Yorie Kahl's father, Gordon Kahl, whom the marshals had been trying to arrest, fled to Arkansas, where he died in another shootout four months afterward.

A history of the state's federal judges, "Patronage: Histories and Biographies of North Dakota's Federal Judges," written by former law clerk Ardell Tharaldson of Bismarck, says the heightened security around Benson continued for several years after he received the mail bomb in 1986.

Klein said the bomb threat did not drive Benson's decision to take senior status. But she said the security cost him and his family their privacy.

"I think the security detail ... and the sense of a threat hanging over him and over his wife all the time, really did take its toll on both of them," she said. "They had marshals with them at the grocery store, with them on vacation - everywhere."

Benson was born June 1, 1918, near Verona, in LaMoure County in southeastern North Dakota. He attended county schools, and graduated from UND in 1942. He married his wife, the former Laurel Johnson of Grand Forks, that year.

Hill and Klein said Laurel Benson died several years ago. The couple had five children.

This Article was published online on Saturday, April 24, 2004
copyright The Rapid City Journal.


[LP Forum News]

 Supreme Court decision - Write to Judiciary!

Boston Area Leonard Peltier Support

"There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice..."
    U.S. v Jannotti, 673 F.2d 578, 614 (3d Cir. 1982)


In light of the yesterday's denial by the Supreme Court of Leonard Peltier's appeal of parole and the response by Peltier attorney Barry Bachrach, we ask that supporters of justice for Leonard Peltier write immediately to the chair and ranking members of the Judiciary Committees of the House of Representatives and the Senate, as well as your twosenators and representative.

Please inform them that:

- The Supreme Court decision in denying Leonard's appeal does not uphold    justice according the to constitution and laws  of this country as the decision was likely (since it came with no comment) based on information which has been proven erroneous.

- That in light of the facts, which are a matter of public record, some portion of which has been brought to their attention by the Peltier legal team last month in the position paper "Official Misconduct in Indian Country: The U.S. Department of Justice," (http://www.peltiersupport.org)

Peltier, a Nobel Peace Prize candidate, it is clear that he yet to receive equal rights and justice under the law.

- Request hearings into the misuse not only of informants, but agent provocateurs against the American Indian Movement (AIM); the Bureau's role in the "Reign of Terror" at the Pine Ridge Indian  Reservation from 1973-1976; Official misconduct against AIM in general, and in the case against Leonard Peltier in particular.

Please see:
INK "http://www.peltiersupport.org/Welcome.html" \l "Letters" \t "_blank" http://www.peltiersupport.org/Welcome.html#Letters

Link for sample letter:

To look up your senators and rep:


[LP Forum News]

1973 - 2004  A Call for Action

MAY 8, 2004


On this day in 1973, the takeover at Wounded Knee ended.  The events in 1973 led to the Pine Ridge "Reign of Terror" and the shoot out that occurred on June 26, 1975.  To download a reprint of the original New York Times article announcing the end of the takeover (see "Historical Documents"):  http://www.peltiersupport.org/Docs.html



In March, the Peltier legal team submitted a formal request to the U.S. Congress for hearings into official misconduct in Indian Country.


An ongoing activity related to the Judiciary Committee Campaign is the solicitation of letters of support from civic organizations and solidarity groups. Approximately 20 national and international groups have been contacted, to date.  Much more work needs to be done.

You can help.  Do you belong to an Amnesty International or American Civil Liberties Union chapter?  A church?  A local activists' organization? Ask your group to submit a letter of support for hearings by the House of Representatives Committee on the Judiciary into official misconduct by the Federal Bureau of Investigation against the American Indian Movement, in general, and Leonard Peltier, specifically.

Sample letter:

  The Honorable F. James Sensenbrenner, Jr
  Chairman - Committee on the Judiciary
  U.S. House of Representatives
  2138 Rayburn House Office Building
  Washington, DC20515


Dear Mr. Chairman:

We the members of (INSERT ORGANIZATION NAME) fully support the actions of the Committee on the Judiciary with respect to your upcoming hearings on the misuse of informants by the Federal Bureau of Investigation (FBI).

Ideally, we recommend that the Committee investigate all instances of official misconduct on the part of the U.S. Department of Justice (DOJ) the FBI, in particular. However, we understand that your time is limited.

Despite repeated calls for congressional hearings by the U.S. CivilRights Commission, Amnesty International and individual members of Congress, no congressional committee has yet had the courage to provide a forum by which to air the truth and bring closure to one of this nation's most turbulent eras. Under your leadership, the Committee has the opportunity and duty, as our concepts of justice and good government require, to set right the tragic errors of the past. It is our hope that you will give serious consideration to the proposal Made by the attorneys for Leonard Peltier to conduct a full investigation of misconduct by the DOJ in Indian Country, i.e., against the American Indian Movement and Leonard Peltier.

We ask that the Committee on the Judiciary act now in the interests of truth and justice for all Americans. It is time that misconduct within the DOJ be uncovered and the responsible parties held accountable.

We wish you success with this endeavor and are confident that your subsequent actions will prevent the reoccurrence of such misconduct.



We understand that your organization may not submit a letter of support.  In that event, please encourage individuals in your membership to write seven letters of support for Leonard (instructions are available at (http://www.peltiersupport.org), and also sign a petition.

The campaign petition may be downloaded at:


Please send all completed petitions to:
John Gallagher
PO Box 1693
Woonsocket, RI  02895.

Collected petitions will be sent to Congress.

As an alternative, individuals may sign the online petition at:


Thank you for your work on behalf of Leonard Peltier.

Justice.  We Want It.  We Want It NOW!

Boston Area - Leonard Peltier Support Group
Web: http://www.peltiersupport.org
E-mail: peltiersupport@riseup.net



[LP Forum News]

 Five new celebrities support Leonard


Five new celebrities recently signed the International Forum for Peltier, bringing the total now to 320 !

The new ones are:

* Kate Moss
 -->  http://users.skynet.be/kola/vip316.htm

* Mat Collishaw
 photographic & video artist
 -->  http://users.skynet.be/kola/vip317.htm

* Charlotte di Vita
 founder of Trade Plus Aid; MBE
 -->  http://users.skynet.be/kola/vip318.htm

* Honor Fraser
 -->  http://users.skynet.be/kola/vip319.htm

* Vladimir Ashkenazy
 pianist with the Royal London Philharmonic (among others)
 -->  http://users.skynet.be/kola/vip320.htm

The complete list is at
 -->  http://users.skynet.be/kola/vips.htm

Els Herten & Vivienne Westwood



[LP Forum News]

Former German Attorney General supports Leonard...


The former German Minister of Justice (Attorney General) - today Member
of the Bundestag, and member of the German Human Rights Commission -
signed the Int'al Forum for Peltier:

Sabine Leutheusser-Schnarrenbergen, MdB
-->  http://users.skynet.be/kola/vip321.htm

Stefanie Wachowitz
IPF contact Germany



[LP Forum News]

Harvey Arden's letter to Nobel Peace Prize Committee

From: "Harvey Arden"

Subject: LPNET:
 Harvey Arden's letter to Nobel Peace Prize Committee
Date: Thu, 20 May 2004 13:25:37 -0400

From the desk of  Harvey Arden
Founder: ~dreamkeepers.net~ "Bringing the Elders to the World & the World to the Elders"

WISDOMKEEPERS: Meetings with Native American Spiritual Elders
DREAMKEEPERS: A Spirit-Journey into Aboriginal Australia
NOBLE RED MAN: Lakota Wisdomkeeper Mathew King
TRAVELS IN A STONE CANOE: The Return to the Wisdomkeepers
WHITE BUFFALO TEACHINGS  by Chief Arvol Looking Horse


May 20, 2004

To: The Norwegian Nobel Committee
Drammensveien 19
NO-0255  OSLO

In support of the nomination of Native American Leonard Peltier for the
2004 Nobel Peace Prize, I enclose for the Committee's use copies of Mr. Peltier's recent book PRISON WRITINGS: MY LIFE IS MY SUN DANCE in five
languages: English, German, Dutch, French, and Spanish.  Italian and
Turkish editions are also underway.

To sum up my own feelings about Leonard Peltier's worthiness to be the
2004 recipient of the Nobel Peace Prize, I can think of no better words
than this great humanitarian's own poem from page 48 of Prison Writings:

An Eagle's Cry

Listen to me!
I am the Indian voice.
Hear me crying out of the wind.
Hear me crying out of the silence.
I am the Indian voice.
Listen to me!

I speak for our ancestors.
They cry out to you from the unstill grave.
I speak for the children yet unborn.
They cry out to you from the unspoken silence.
I am the Indian voice.
Listen to me!
I am a chorus of millions.
Hear us!  Our eagle cry will not be stilled!

We are your own conscience calling to you.
We are you yourself
crying unheard within you.

Let my unheard voice be heard.
Let me speak in my heart and the words be heard
whispering on the wind to millions,
to all who care,
to all with ears to hear
and hearts to beat as one
with mine.

Put your ear to the earth
and hear my heart beating there.
Put your ear to the wind
and hear me speaking there.

We are the voice of the earth,
of the future,
of the Mystery.

Hear us!


Yes, may Leonard's unheard voice be heard and may the Norwegian
Nobel Committee broadcast the transcendent message of this great man of
peace to a world desperately in need of hearing it.


Many thanks for your consideration.

/Harvey Arden
4101 Legation St., N.W.
Washington, DC 20015

      Humanitarian Platform &  Credo

Plank one:

"Our work will be unfinished until not a single  human being is hungry,
not one woman is battered, not one child is abused, not one innocent
languishes in prison and no one is persecuted for his or her beliefs.”

Plank two:

"We need not courtrooms but schoolrooms, not jails and prisons but
decent homes and jobs for the millions of every color -- including many, many white people -- who are being denied their human and civil rights every day of every week  by the special interests who are trying to steal America. Government must be by, of and for the People, not by, of and for the special interests. Read your own Declaration of Independence and Constitution, America. It's all there.

Plank three:

"If building more prisons for those of us who are unlike yourselves is to be your strategy, then, I promise you, you cannot build enough prisons to hold us all. I ask America,  as one familiar with your darkest side as well as with your shining possibilities, rethink this current craze for building ever more prisons for ever more of those of us born different than you. We don't need more prisons. We need more compassion. That compassion is our own highest possibility.

Plank four:

"Democracy means difference, not sameness. Allow us our differences as we allow you yours. We don't conflict with each other; we complement each other. We need each other. Each of us is responsible for what happens on this Earth. We are each absolutely essential, each totally irreplaceable. Each of us is the swing vote in the bitter election battle now being waged between our best and our worst possibilities. How are you going to cast your all-important ballot? Humanity awaits your decision.

Plank five:

"We must each be an army of one in the endless struggle between the goodness we are all capable of and the evil that threatens us all from without as well as from within. Yes, we can each be an army of one. One good man or one good woman can change the world, can push back the evil, and their work can be a beacon for millions, for billions. Are you that man or woman? If so, may the Great Spirit bless you. If not, why not? We must each of us be that person. That will transform the world overnight.

That would be a miracle, yes, but a miracle within our power, our healing power. To heal will require real effort, and a change of heart, from all of us. To heal means that we will begin to look upon one another with respect and tolerance instead of prejudice, distrust and hatred. We will have to teach our children -- as well as ourselves - to love the diversity of humanity. To heal we will have to make a conscious effort to live as the Creator intended, as sisters and brothers, all of one human family, caretakers of this fragile, perishable and sacred Earth. To heal we will have to come to the realization that we are all under a life sentence together on this planet... and there's no chance for parole.

We can do it. Yes, you and I and all of us together. Now is the time. Now is the only possible time.
Let the Great Healing begin."

--Leonard Peltier



[LP Forum News]

Make Additional Comments to MoveOn Petition to John Kerry

From: "John Gallagher" johnniecakes@hotmail.com
Subject: Make Additional Comments to Move On Petition to John Kerry
Date: Thu, 20 May 2004 17:55:53 -0400

May I suggest that people log onto this link from the MoveOn website,
sign the petition asking John Kerry to GO BIG and then write in the
additional comments section, "FREE LEONARD PELTIER".
Lets let John Kerry & MoveON know voters haven't forgotten about
Leonard Peltier.


If you haven't already done so, please sign the "Release Withheld FBI
Documents in Leonard Peltier Case" petition.

The main URL to the petition is:

John G


[LP Forum News]

 LPSG RheinMain events May/June 2004

From: LPSGRheinMain@aol.com
Date: Sat, 22 May 2004 17:19:56 EDT
Subject: LPSG RheinMain events May 2004
To: kolahq@skynet.be

where you can meet the LPSG RheinMain next weeks in Germany...

22./23. May 2004
--> Worms (Pow Wow, Tiergarten Worms  11 am - 6 pm)

28. May 2004
--> Benefitconcert with the giant of blues LOUISIANA RED (KJK Sandgasse
26, Offenbach/Main, 8 p.m.)

30./31. May 2004
--> Two Eagles Camp near Bebra

13. June 2004
--> KJK Sandgasse 26, Offenbach  4pm

Leonard Peltier Support Group RheinMain LPSG RheinMain

c/o Dr. Michael Koch/Claudia Weigmann-Koch
Schubertstr. 9
D - 63110 Rodgau
phone: 06106/22941

email: lpsgrheinmain@aol.com
Spendenkto.: Dr. M. Koch, Postbank Ffm, BLZ. 500 100 60, Kto. 49158-604
Verwendungszweck nicht vergessen: LP  Leonard Peltier, NYP Native YoutProjects, Anzeige Zeitungsaktion zu Leonards 60 Geb.


[LP Forum News]

May 6th Message from Leonard

Subject: Message from Leonard
 - as reprinted from May Newsletter
Date: Tue, 25 May 2004 21:14:07 -0400
From: info@leonardpeltier.org

Message from Leonard

Leonard Peltier #89637-132
PO Box 1000
Leavenworth, KS 66048-1000

May 6, 2004

Hello friends and supporters,

As I sit here writing and rewriting this response to the Supreme Court
denial of my appeal, I can't help but remember you, my supporters,
friends and allies.

Many people have come and gone in my life, some I may never see again in this lifetime and some have left and come back again. I have come to recognize that true relatives aren't always related by the blood that flows in your veins, but by the blood, sweat and tears that is given for the common good of all.

It is never easy to deal with these setbacks and as you get older and
the realities of mortality set in, time becomes increasingly important. It goes so exceeding slow waiting for justice and so fast when you look at what's left.

From inside this prison I have done my best to help raise my kids and grandkids and yet maintain a level of commitment to raising awareness to the plight of my people and all Indigenous Peoples who face on a daily basis the cruel realities of a technological world where might makes right and morality be damned.

I want you to know that whether we win this battle for me or not, you my relatives have my heart always. I am almost 60 years old, but I'll tell you now the oppressors will know we're here. They'll know they are challenged at every turn. Sometimes it's not up to us to decide whether we are winning or losing; it rests within the will of the Creator. What is up to us is our will to continue the battle. The battle will never be over so long as one person is a victim of this oppressive, exploitive mind-set that has engulfed so much of the world.

I'm a realist; I know that I'm not the cause; I'm only a focal point of the cause. The cause is the cause of all, and with the latest turmoil in government you will soon become acutely aware of the ramifications of these illegal decisions in Washington for as they have done to me, they'll do to others and have done to others. There are other prisoners that you haven't heard of because the misdeeds of the FBI and other governmental entities aren't as well documented. This government has literally passed retroactive laws that have prevented the legal release of myself and others, but I also want you to know that we have other strategies that we are working on. We have a Habeas Corpus filed in Washington that will soon be in litigation regarding these constitutional violations.

I want to encourage you to help in whatever way that you can. We need
funds for the preparation of legal briefs, legal research, filing fees, attorneys and travel expenses as well as for the ongoing cost of maintaining our committee and info center.

Those that can't contribute on a monetary basis can pass out pamphlets, hold meetings, and help the staff organize events. Any and all help is so much appreciated.

My relatives - stay strong and remember: for the sickness of the world, we are the antidote.

In The Spirit Of Crazy Horse,
Mitakuye Oyasin

Leonard Peltier


[LP Forum News]

Peltier Lawsuit vs. Paul DeMain

Boston Area Leonard Peltier Support Group

"...He [DeMain] neither believes nor feels that Mr. Peltier ordered, or was capable of ordering, the death of Ms. Pictou-Aquash, nor does he believe according to the evidence & testimony he now has, that Mr. Peltier had any involvement in her death."

Read more:


Contact:  Barry Bachrach, Esquire; Bowditch & Dewey
311 Main Street, Worcester,  MA  01615
508) 926-3403 or bbachrach@bowditch.com

Motion to enforce filed in Peltier's lawsuit against editor Paul DeMain

In a lawsuit filed over one year ago, a motion to enforce a settlement agreement was filed today with the Eighth U.S. District Court of Claims in Minneapolis, Minnesota, between Native American activist and political prisoner Leonard Peltier and Paul DeMain, editor of News From Indian Country.

A member of the American Indian Movement (AIM), Peltier was charged for the June 26, 1975, shooting deaths of two agents of the Federal Bureau of Investigation (FBI) on the Pine Ridge Indian Reservation in South
Dakota. Peltier, who still maintains his innocence, was convicted of the killings in 1977 and sentenced to two consecutive life terms. He is currently imprisoned at the United States penitentiary at Leavenworth, Kansas.

"Statements were authored by DeMain that were false, defamatory, and malicious. They were then circulated by DeMain's newspaper with reckless disregard and with the knowledge that they were false," explained Barry Bachrach, Peltier's attorney. "DeMain stated, as a matter of fact, that Mr. Peltier was guilty of shooting the two FBI agents when the government itself has repeatedly admitted that it did not and cannot prove that Mr. Peltier shot the agents," Bachrach added. "DeMain also has implied Peltier's involvement in the Pine Ridge murder of fellow AIM member Anna Mae Pictou-Aquash in 1976."

According to Bachrach, DeMain had avoided giving a deposition for several months. Just before a deposition was finally to take place, on or about April 9, 2004, the two parties began settlement negotiations.

With nothing further to negotiate, an agreement was reached on April 16th.

DeMain himself proposed that he issue a statement that affirms that:

1. "there has been widespread misconduct in the judicial system historically in cases involving Native Americans;

2. Leonard Peltier did not receive a fair trial;

3. he is entitled to one;

4. there have been numerous instances of questionable conduct by the and other law enforcement agencies in connection with the prosecution of Native Americans in this country;

5. the legal/social/political environment prevailing on the Pine Ridge Reservation during the 1970s could be legitimately compared to a 'war zone'; [and]

6. he [DeMain] neither believes nor feels that Mr. Peltier ordered, or was capable of ordering, the death of Ms. Pictou-Aquash, nor does he believe according to the evidence and testimony he now has, that Mr. Peltier had any involvement in her death."

In exchange, Peltier agreed to dismiss with prejudice his lawsuit against DeMain.

However, to date, DeMain has not issued his statement. With the exception of a call from DeMain's attorney indicating only a brief delay, Demain and his attorney have not answered Bachrach's telephone calls. Therefore, a motion to enforce performance of the settlement agreement was filed with the court.

Leonard Peltier's case has been the topic of several books - In the Spirit of Crazy Horse by renowned writer Peter Matthiessen, for example - and documentaries, most notably Incident at Oglala produced by Robert Redford. Amnesty International, convinced that he did not receive a fair trial and will not receive fair consideration for parole or executive clemency, has called for Peltier's immediate and unconditional release. Leonard Peltier, noted for his continuing activism and humanitarian works, also was recently nominated for the Nobel Peace Prize.

"Justice is possible for both Anna Mae and Leonard Peltier, but justice won't be done in either case by people falsely pointing fingers of blame. Leonard's only concern is for the truth, which is why monetary damages are not a part of this settlement. We believe that Anna Mae's murder was the direct result of FBI misconduct on Pine Ridge during the 1970s."

Peltier's legal team, supported by human rights organizations worldwide, continues to urge congressional hearings on FBI misconduct against AIM and Peltier. The attorneys recently submitted a formal request for hearings to the Judiciary Committee of the U.S. House of Representatives in Washington, DC.

Leonard Peltier Defense Committee


[LP Forum News]

 Meeting With Ralph Nader

From: "John Gallagher" johnniecakes@hotmail.com
Subject: Meeting With Ralph Nader
Date: Wed, 26 May 2004 18:09:47 -0400

I personally spoke with Ralph Nader on May 25, 2004.
I handed him the 4 fold information folder on Leonard Peltier with approximately 25 people present.
He sympathized with his case and mentioned how Winona laduke supported his freedom.  He mentioned Senator Inouye's support for Leonard.  I mentioned Senator Campbell & the late Senator Paul Wellstone's support as well.
I stressed that the more people who speak out on Leonards behalf,the more weight can bear in his favor.
Mr. Nader didn't make a committment to speak out on Leonard's behalf.
I even mentioned that he mention clemency to John Kerry, but I don't think Ralph saw much hope for that.

He did look over the folder on Leonard when no-one was talking to him.

I've attached a link to Ralph Nader's website; May I suggest that we politely ask him to contact the LPDC to add his name to supporters of Leonard Peltier's freeom?
Also on his site is a petition for impeaching George Bush.  This is not the same petition Ramsey Clark has out.

To contact Mr. Nader, click onto the following link:

To check out his website and to sign the impeach George Bush petition, go to:

          John G


[LP Forum News]
June 26

- London Peltier Vigil

Dear Peltier supporters,

Once again we are planning to have a picnic and vigil for Leonard Peltier on June 26th in London (England). Please join us on this day to remember all those who died in the Pine Ridge reign of terror in the 1970s resulting in the continued imprisonment of Leonard Peltier and also to give support to the indigenous people of Turtle Island who are still being persecuted to this day.


We will gather in the area around the Fountain of Life adjacent to the Aldford Street North gate in Hyde Park and have an informal picnic and socialising. Please bring your own food and maybe some to share. We will then proceed to the American Embassy in Grosvenor Square for a vigil and the handing in of our petition and letter. If the weather is wet the gathering will be around the covered seating area adjacent to the Brook Street Gate.


 Saturday, June 26th 2004. The picnic will be from 12 noon until just before 2pm and then at the American Embassy from around 2:30pm onwards.


 The nearest underground station is Marble Arch (Central Line). Take one of the exits marked for Hyde Park or Park Lane, walk through Speakers Corner and continue down parallel with Park Lane.
There are numerous buses that go to this area so just ask for Marble Arch, or Speakers Corner. The nearest parking is in the underground car park on Park Lane (clearly marked) or Pay and Display all around Grosvenor Square.

We will need to notify the police of approximate numbers expected as we may require a police escort. This would give us a higher profile and hopefully even media coverage; so could you let us know how many of you will be attending a.s.a.p. Thank you.

Looking forward to seeing you all there.

Dedy Rundle -- International Peltier Forum / KOLA
email: dpdgr@tiscali.co.uk


[LP Forum News]

 Response to Paul Demain by Barry Bachrach

Date: Fri, 28 May 2004 21:49:00 -0400 (EDT)
Subject: Response to paul demain by barry bachrach on behalf of Leonard
From: info@leonardpeltier.org

Passed to Native News Online by Barry Bacharach 05/28/04 6:08pm EST

NB: From the list publisher:
Native News Online tends to censor messages that are unfavorable to the
opinions of their senior editors or the people they allege to represent
It is highly unlikely that this response will be either seen on their
List or in News From Indian Country.

Please circulate far and wide.

In the Spirit of Crazy Horse

Once again Mr. Demain has proven to be a classless snake and hack

In trying vainly to portray the settlement of his suit with Leonard
Peltier as something he " *gracefully* permitted Mr. Peltier to
withdraw," he misleads the public. The letter written by Mr. Demain to
avoid a deposition, a deposition he sought to avoid for months, was a
clear retraction of statements he previously made.

Any reasonable person who reviews the letter Mr. Demain wrote to me to
settle the suit would understand that it directly contradicts the
statements made in the Native News email forwarded late this afternoon.
Mr. Demain has simply demonstrated that he is seemingly incapable of
telling the truth. Unfortunately for Mr. Demain, the settlement has not
yet been filed.

Indeed, we had to file a motion to compel him to perform the agreement
he agreed upon. That is fact. Yet, before the settlement has even been
filed with the court, Mr. Demain felt compelled to reiterate the trash
he has been spreading and which was retracted by the letter written to

Indeed, we have a lengthy tape of Mr. Demain, in his own words, and they
are very different from what he spreads in his newpaper. We have tried
to avoid embarrassing Mr. Demain, but he appears untrustworthy and bent
on smearing people on the one hand while taking an opposite position to
avoid the embarrassment he would have suffered at a deposition where he
would have been forced to tell the truth.

In short, I request that people compare what Mr. Demain wrote to avoid
the lawsuit, with what he wrote and was published by you when he thought
he was in the clear. We ask that you decide for yourself what this man
stands for. As for the lawsuit, Mr. Peltier is considering his options.
Mr. Demain blatantly breached his own statement which was given by him
to settle the lawsuit. At this point, we are considering putting Mr.
Demain on the stand and exposing him for what he truly is.

Mr. Demain did not "allow Mr. Peltier to dismiss the lawsuit". Mr.
Demain put his tail between his legs and slunk away until he felt safe
to sling his libelous arrows. How wrong he was.

Very truly yours,
Barry Bachrach.

[LP Forum News]

Passed via Ishgooda, Native NewsOnline, 05/28/04 3:46pm EST

From: NFIC Editor nficlet@cheqnet.net
News From Indian County allows Peltier to withdraw lawsuit
Press Release May 28, 2004 Reserve, Wisconsin

Responding to a motion filed May 25, 2004, by Leonard Peltier's attorney
Barry Bachrach to enforce a settlement agreement in the Eighth U.S.
District Court of Claims in Minneapolis, Minnesota, between convicted
prisoner Leonard Peltier and Paul DeMain, editor of News From Indian
Country, the following letter was released today, and filed with the
federal court.

 The original lawsuit was filed by Leonard Peltier on May
1, 2003, based on statements published in News From Indian Country on
March 10, 2003. Those statements included the following,

"As editor of
News From Indian Country, I stand by our credible and trusted sources,
and my present belief, that the primary motive for the murder of Annie
Mae Pictou-Aquash by other members of the American Indian Movement in
Mid-December 1975, allegedly was her knowledge that Leonard Peltier had
shot the two agents, as he was convicted."

 Those statements have not
been retracted by Paul DeMain, or News From Indian Country as part of
the agreement by News From Indian Country to allow Mr. Peltier to
withdraw his lawsuit.

"From the beginning of this lawsuit, until its
withdrawal, I have felt the lawsuit was frivolous and without merit, and
represented an assault on the consitutional right to freedom of speach
and the search for truth and justice in Annie Mae's case," said Paul

In addition, News From Indian Country has published accounts
aired by the Canadian Broadcasting Corporation in which an interrogation
of Annie Mae Pictou-Aquash was conducted by Peltier during June of 1975,
and related the testimony of KaMook Nicols, at Arlo Looking Cloud's
murder trial on February, 4, 2004, in which Nicols testified that
Peltier had bragged to her and Annie Mae Pictou-Aquash about shooting
both agents at close range.

 Peltier's attorney, Barry Bachrach, on
October 3 notified the federal court that he would supboena W.O. Brown,
a pathologist who has been dead for over ten years, to testify against
DeMain and at least four FBI agents, including David Price, and William
Wood, as plaintiff witnesses, a list of government agents that surprised
even some of Peltier's own supporters.

"At every turn in this case,
including the most recent diatribe about filing a motion to compel News
From Indian Country to agree to have the case dismissed, Peltier's
attorney, and public relations representative Harvey Arden have utilized
the lawsuit for publicity stunts to attract media attention to a waning
cause," said DeMain.
"The day Leonard Peltier shows remorse and takes
responsbility for his actions of June 26, 1975, rather than just showing remorse to the cameras for what happened, is the day Leonard Peltier will begin to regain the credibility amongst those people I have known to support him in the past. His continued support of John Graham's fight against extradition to the United States to stand trial for the 1st degree murder of Annie Mae speaks volumes about Peltier's continued fear of the emerging truth in her case."  
DeMain continued, "My great-great-great-grandfather, Captain Honyere Doxtator, who fought with George Washington against the British, killed British soldiers as part of his reponsibilities as a warrior of the Oneida Nation. He didn't claim to be back in the longhouse saving the children when the battles took place."

Below is the full text as submitted to the Federal Court:

Dear Mr. Bachrach: 5/26/04

5/26/04 "I have agreed to make the following statement on issues
discussed previously with Robert Robideau, and allow Mr. Peltier to
withdraw his lawsuit against me and News From Indian Country. As I was
prepared to allow your office to conduct the last two previous
depositions scheduled and cancelled at your request, I believe the
following material lives up to the spirit of our joint discussions on
the matter, and as agreed to by you in previous emails. Whatever our
differences about other issues, I agree with Leonard Peltier that there
have been numerous instances of questionable conduct by the FBI and
other law enforcement agencies in connection with prosecution of Native
Americans in this country. I also agree that the legal, social, and
political environment prevailing on the Pine Ridge Reservation during
the 1970s could be legitimately compared to a 'war zone'.
In my opinion,
there has also been widespread misconduct in the judicial system
historically with respect to cases involving Native Americans. More
particularly, I do not believe that Leonard Peltier received a fair
trial in connection with the murders of which he was convicted.
Certainly he is entitled to one. Nor do I believe, according to the
evidence and testimony I now have, that Mr. Peltier had any involvement
in the death of Anna Mae Aquash. I understand that Mr. Peltier has
agreed to withdraw his lawsuit against News from Indian Country and me,
and will ask the Court to dismiss the lawsuit in its entirety, with
prejudice (i.e., none of his claims may be pursued later). Thank you for your assistance in resolving this matter."

Paul DeMain, Editor News From Indian Country



[LP Forum News]

IPF runners at 20 KM of Brussels

Brussels/Belgium - Sunday May 30th, 2004


The 20 KM is an annual event in Brussels, Belgium. It is a half marathon, and a non-competitive run in which thousands of professional and non-professional athletes participate.

This year's 20 KM was the event's 25th anniversary, and for this special occasion the organizers allowed 25,000 participants. Among them three (3) KOLA/IPF members: Patrick Beirnaert (who took the
initiative), Agnes Abramsen and Sophia Papadopoulos. The three of them were wearing T-shirts with the words: “Free Leonard Peltier, 20 KM Run for Justice.”

Cheerleader was Els Herten. Our three other cheerleaders, Danielle Vounckx, Anne-Fran E'oise Bricourt and Kris Van Tongel, unfortunately didn't make it to Brussels because all three of them were ill.
Martina Roels of KWIA/LPSG Belgium also came to Brussels to support ourrunners, and Leonard, of course.

By the way, Patrick came in after about one hour and a half. Agnes & Sophia also came in within the 4 hour time limit. Round of applause please !!
A small group of IPF runners indeed, but a very international little
group: Patrick is Belgian, Agnes is Dutch, and Sophia is Greek. :-)

Photos can be seen at

and I hope this works, because it's the first time I try to make a web slide show with conga bacground sounds... If you can't open the webpage, I'm going to put the photos on our "action photos" page tomorrow (no slide show).

Els Herten

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