Guest Commentary By Martina Roels
Copyright © 2000 KWIA/LPSG-Belgium
The trial and sentence of Leonard Peltier is the most controversial case in the postwar judicial history of the United States. Since his sentencing, Leonard Peltier has become a symbol of the way in which the U.S. Government deals with the indigenous population of what is known today as the United States.There have been extensive studies of the trial, numerous requests to conduct a hearing, requests for parole and Peltier's own request for executive clemency. The consideration procedure for a presidential pardon usually does not take longer than six months.
Judges involved in Peltier's trail admitted there was no evidence concerning Peltier's involvement in the murder of the two FBI agents. The only established fact is that Peltier was involved in the firefight with the FBI agents, as well as three other individuals. For reasons never clarified by the court, one of the four people involved was never brought to trial; the two others were acquitted for reasons of legal self-defense. They have always claimed to be acting out of legal self-defense, returning fire to individuals whom they couldn't identify at that time. This is not surprising since at the exact moment of the facts, dozens of indigenous peoples on the Pine Ridge Reservation had been murdered by death squads. None of these murders have ever been investigated. In those circumstances, the people involved had sufficient reason to fear for their lives.
Leonard Peltier, Anishinabe-Lakota , underwent his first full parole hearing in 1993, at which point the Parole Commission denied his release far beyond what their guidelines recommend, and set his next full hearing for the year 2008. The Commission, however, is required to hold subsequent hearings every two years in order to determine whether there are any circumstances that warrant a change in their original decision.
Members of Congress (50) filed in 1983 an Amicus Curiae in support of Leonard Peltier. Members of the US Senate as well as 26 Members of Congress endorsed in 1993 a letter addressed to the Attorney General, Mrs Janet Reno [August 1993] explaining: there is significiant evidence to suggest that the original trial was tained. In fact, the Eight Circuit Court of Appeals previously has stated that the FBI's conduct in the case had been 'a clear abuse of the investigative process'.
In addition the federal government has conceded that Mr.Peltier was merely an 'aider and abettor', along with approximately 40 other persons who engaged in a firefight with the deceased agents -- two of whom were acquitted on grounds of self-defense and the rest of whom were never charged with any crimes. A fresh examination of the case would help to determine whether or not justice is being served by the continued opposition of the Justice Department to Mr.Peltier's efforts to obtain a new trial.
The European Parliament, The Belgian & Italian Parliaments, the Prime Minister of France, the British House of Commons, Amnesty International and numerous Non-Governmental Organizations alike, have repeatedly expressed concern that political factors influenced Mr. Peltier's prosecution for the murder of FBI agents Williams and Coler during the firefight at the Pine Ridge Reservation in June 1975.
For 24 years, a fellow human being has been incarcerated for a crime of which his guilt has never been proven. Leonard Peltier is imprisoned because he stood up for the rights of his people.
For all above factors, KWIA/LPSG-Belgium urges all U.S. Authorities concerned, especially the Parole Commission, to grant Leonard Peltier his freedom so he is able to return to his family and community.
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