
Leonard Peltier Defense Committee
Dear Peltier Supporters,Below is a rebuttal to the BOP's recent statement which they put on their web site regarding Leonard's medical situation. They are obviously getting overwhelmed with our requests. Don't stop now! Fax, mail, and email them our response statement along with your own comments.
In solidarity,
LPDC staff
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Send responses to:Ms. Kathleen Hawk
Director, Bureau of Prisons
320 First St. NW
Washington DC 20534
FAX: (202) 514-6878
Phone: (202) 307-3198
email: khawk@bop.gov
email: swolfson@bop.gov
http://www.bop.gov/ipapg/ipapelt.html
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Rebuttal of "Statement From the Federal Bureau of Prisons
Regarding the Current Status of Inmate Leonard Peltier."
--LPDC (Read and approved by Leonard Peltier.)
Statement From the Federal Bureau of Prisons Regarding the Current Status of Inmate Leonard Peltier (89637-132)[Inmate Peltier has given his consent to release the following information.]
(LPDC) While Leonard Peltier has consented to have information regarding his medical status released to the public, he by no means agrees with this information or contends that it is accurate.
(BOP) The Federal Bureau of Prisons is receiving many inquiries regarding the health and well-being of inmate Leonard Peltier, Register Number 89637-132. This informational release is being provided to all concerned parties regarding the medical status of inmate Peltier.
(LPDC) keep up the good work!
(BOP) As with all inmates, it is the health care mission of the Federal Bureau of Prisons to provide necessary medical, dental, and mental health services to inmates by professional staff, consistent with acceptable community standards.
(LPDC) There are concrete differences in the legal accountability of health care in prisons and health care in the community, not to mention the reality that prisoners overwhelmingly, are denied proper medical care and are often denied any medical attention at all. This was given substantial attention in Amnesty International's recent report on human rights in the U.S. Prison medical staff are not at all accountable, legally or otherwise, for medical malpractice or neglect unless a prisoner can prove that the malpractice or neglect was intentional. This is virtually impossible to prove and should not be necessary if indeed The BOP has a mission to provide services "consistent with acceptable community standards."
(BOP) A thorough review of inmate Peltier's medical record reveals he is being provided appropriate medical attention addressing both his medical complaints and his medical condition. A medical assessment at the U.S. Medical Center for Federal Prisoners in Springfield, Missouri, in 1996, revealed inmate Peltier suffers from ankylosis of the jaw, a condition in which he has stiffening of his mandibular joint which prohibits him from properly opening or closing his mouth.
(LPDC) Leonard is able to see regular prison medical staff (who are not expert in this particular field) at Leavenworth. If Leonard wanted, he could be transferred to Springfield for further surgery on his jaw. Of course Leonard is refusing this as any of us in the "community" would if we were to undergo two unsuccessful surgeries, the latter one being near fatal and resulting in the condition of his jaw being far worse than it was prior to the surgery.
(BOP) In February, 1996, inmate Peltier underwent extensive surgery to enable him to open and close his mouth. Following this initial surgery, inmate Peltier was seen on 10 subsequent occasions for manipulation to maintain proper movement of the mandibular joint. Additionally, inmate Peltier received physical therapy twice a day for two months which included the issuance and instruction on the proper use of a dental device to perform personal therapy.
(LPDC) This surgery was unsuccessful which is the reason Leonard had to undergo another surgery in May as explained in the next paragraph.
(BOP) In May, 1996, inmate Peltier had another surgical procedure in which good opening and closing of the mandible was re-established. This was followed by low-dose radiation to reduce the risk of recurrent abnormal bone formation.
(LPDC) After this surgery Leonard was put in the "hole" which was filthy and infested with cockroaches and ants. Leonard's legal assistant was able to visit him at the time and she was shocked at Leonard's appearance. She said he was very sick, his face was swollen beyond recognition, and he was in torturous pain. "Good opening and closing of the mandible" was NOT reestablished as his current medical condition demonstrates. Radiation is occasionally used to prevent abnormal bone growth, however we do not know if it was necessary in Leonard's case as it weakened his already frail condition. We cannot currently give a scientific account as to what exactly went wrong with the surgery because:
- The operative reports were not released with the rest of Leonard's medical records.
- Leonard has not yet had a chance to get an independent opinion from a specialist outside of the Springfield Medical Facility.
(BOP) In October, 1996, inmate Peltier returned to the U.S. Medical Center for Federal Prisoners in Springfield, Missouri, for the removal of dental arch bars. He then refused further surgical corrections of his jaw although he was advised that the surgery would improve his ability to chew food; as well as receive proper dental care.
(LPDC) This statement implies or rather misstates that the prior surgeries were somehow successful and that it is normal procedure for Leonard's condition to require three surgeries. It also implies that he was simply unreasonable and denied further treatment. They forget to mention that one of the plastic joints that they put into his jaw had fallen out and the wires were protruding through the inside of his cheek. They also neglect to mention that the mobility of his jaw had severely decreased rather than increased and the pain was excruciating. Also, different Springfield Medical Facility doctors at this time were giving Leonard contradicting opinions as to what should be done with his jaw next and how they should have treated it in the first place. He was again immediately housed in the "hole" upon arrival to Springfield. Leonard needs and wants surgery on his jaw. He just wants it to be done in a safe environment by qualified people. He does not want to be housed in the "hole".
(BOP) In July, 1998, inmate Peltier refused a transfer from the U.S. Penitentiary in Leavenworth, Kansas, to the U.S. Medical Center for Federal Prisoners in Springfield, Missouri, for further medical treatment in a correctional environment that was able to accommodate his needs better, and was commensurate with his high security classification.
(LPDC) This ambiguous statement does not explain what they mean by "was able to accommodate his needs better…" Better than what? This is the exact same facility that Leonard had been transferred to before. The prison refers to being able to "commensurate with his high security classification" assumingly to justify Leonard being kept in the "hole" while receiving "treatment". Leonard is normally housed in general population at Leavenworth and he has no record of violence against other prisoners or prison staff. No doctor in the "community" would approve of a patient being housed in unsanitary conditions while receiving medical treatment. And, of course Leonard refused to be transferred to Springfield. He would rather endure the pain he is in then go through the torture and fear he experienced at Springfield.
(BOP) Inmate Peltier is currently being seen on a regular basis by institution health care providers for his medical needs. He is physically able to participate in institution programming and activities.
(LPDC) Sure, if you don't count eating. This whole statement has managed to avoid the issue at hand. What we, Leonard Peltier, and his supporters have requested is that Leonard Peltier be transferred to the Mayo Clinic for treatment. Dr. Keller at the Mayo Clinic is a maxilla facial specialist and he has agreed to treat Leonard. The Mayo Clinic is no different than Springfield in that it is a federally recognized facility for federal prisoners. Prisoners with equal and higher security levels than Leonard have been transferred there from Leavenworth Prison. The only difference between Springfield and Mayo is that the Mayo has proper facilities and specialists to treat Leonard's condition. There is no justifiable reason for Leonard not to be transferred there.
(BOP) Inmate Peltier currently has a projected release date of October 11, 2040, with a parole hearing tentatively scheduled for May of 2000.
(LPDC) Leonard was eligible to be paroled over ten years ago according to parole board standards. According to human rights standards, he should have never been in.
Help build the support group network by attending
THE LEONARD PELTIER ORGANIZING CONFERENCE,
JUNE 25, 26 AND 27, 1999 IN LAWRENCE, KANSAS
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