by Pa Rock
Citizen Journalist
Leonard Peltier is an eighty-year-old Native American who is in frail health and has spent most of his life under lock and key. As a youth he suffered three years in a government boarding school, and he was arrested in 1976 in connection with the shooting of two FBI agents and has been in prison ever since. Peltier was the only person convicted in the June 26th, 1975, shooting on the Pine Ridge Indian Reservation in South Dakota, and he was sentenced to two life terms. He has admitted being involved in the shooting but denies killing the agents.
Many felt that Mr. Peltier's conviction was based in large part on social and cultural biases of the times and a strong government deterrmination that someone had to be held accountable. After his two co-defendants were found not guilty in a separate trial on grounds of self-defense, that left Peltier as literally the only Indian still standing, and he was found guilty - even though there was no evidence showing that he shot the two agents. The case also became more muddled later when it was learned that the prosecution had withheld evidence that would have benefitted Peltier's defense.
Many notable individuals have come forward over the years asking for clemency for Peltier, or a least a new trial. A few of those include Mother Teresa, Nelson Mandela, the Dalai Lama, and Pope Francis. Actor Robert Redford made a documentary film which raised serious questions about the government's case against Peltier. But all of the appeals have fallen on deaf ears of US Presidents who possess the power to pardon him or commute his sentence.
Joe Biden is probably Peltier's last hope. Today it was announced that President Biden is pardoning an additional 2,500 drug offenders making him the President who has pardoned or commuted the most sentences. And while Biden may make a few more pardons or commutations during his final few days in office, Leonard Peltier's name does not seem to have made the list.
It's truly a case of now or never. The eighty-year-old Peltier suffers from kidney disease, a heart condition, and Type 2 diabetes. He also contracted and managed to survive COVID, is nearly blind in one eye, and requires a walker to move around. Donald Trump, who pardons people like Joe Arpaio, has no interest in righting social wrongs, so if Biden doesn't act it is probably "game over" for the old man who wants nothing more out of life than to spend some time with his family and grandchildren.
Leonard Peltier's conviction was dubious at best and his continued incarceration is shameful.
In 2022 the Democratic National Committee drafted a "Resolution to Consider an Award of Executive Clemency for Leonard Peltier." I printed it in this space more than two years ago - and am closing with it again today
Damn it, Joe, get off the dime and let that old man out of prison!
Resolution to Consider an Award of Executive Clemency for Leonard Peltier:WHEREAS, Democrats have sought to use clemency powers to secure the release of those serving unduly long or unjust prison sentences; andWHEREAS, the Obama administration commuted the sentences of more than 1,700 people serving unjust sentences after a thorough review of their individual cases and the Bidenadministration has so far used clemency powers for more than 75 individuals serving unjust sentences as part of a broader strategy to make the criminal justice system more fair; andWHEREAS, the Biden administration, under the direction of Secretary Deb Haaland, is leading a historic investigation into the lasting social impacts — such as, historical and intergenerational trauma — of the federal Indian boarding school system that separated Mr. Peltier from his family at a young age; andWHEREAS, Mr. Peltier is 77 years old, and has served more than 45 years in federal prison – at least five years solitary confinement – in numerous prisons across the United States; and
WHEREAS, Leonard Peltier is Native American, elderly and suffers from severe health conditions, including diabetes and a lethal abdominal aortic aneurysm; life ending if ruptured;andWHEREAS, The Department of Justice (DOJ) has issued a national response to the COVID-19 pandemic authorizing the Federal Bureau of Prisons (BOP) to release elderly inmates and those with underlying health conditions from federal prisons; Mr. Peltier is imprisoned at the Coleman Federal Correctional Complex in Florida and qualifies for early release under BOP guidelines; andWHEREAS, Mr. Peltier was convicted and sentenced to two consecutive life sentences in 1977 for the murders of Federal Bureau of Investigation (FBI) agents Ronald Williams and Jack Coler, killed on June 26, 1975, during a confrontation with members of the American Indian Movement (AIM) on the Pine Ridge Indian reservation; Joseph Stuntz, a 23-year-old member of the Coeur d’Alene Tribe, was also killed that day, and his death was never investigated; andWHEREAS, Mr. Peltier was extradited from Canada based on false statements of an alleged eye witness who later retracted her testimony; andWHEREAS, many evidentiary and procedural irregularities arose during Mr. Peltier’s prosecution, such as alleged key eyewitness to the shootings later retracting testimony disclosing threats against the eyewitness and family by the FBI; andWHEREAS, a 1980 Freedom of Information Act ruling revealed to Mr. Peltier’s lawyers the prosecution withheld evidence that might have impacted Mr. Peltier’s case; andWHEREAS, although legal experts have criticized the trial for its failed due process, appeals for presidential consideration of clemency by distinguished Americans and justice organizations have had no success; andWHEREAS, this further diminishes American Indians’ faith in the criminal justice system throughout the country; andWHEREAS, hundreds of tribal nations have supported early release and clemency Mr. Peltier’s throughout the years, and the Turtle Mountain Band of Chippewa, of which Mr. Peltier is a member, has offered housing, elderly support, and reintegration services upon Mr. Peltier’s release; andWHEREAS, petitions for Mr. Peltier’s release are widespread and urgent, including those who once were part of the 1977 criminal prosecution and former U.S. Attorney James H. Reynolds, having garnered over 275,000 signatures on a petition requesting President Biden grant Mr. Peltier clemency; andWHEREAS, Amnesty International, a global human rights organization with over 10 million members, supporters, and activists worldwide, continues the call for Mr. Peltier's release to this day; andWHEREAS, Mr. Peltier has overwhelming support from internationally respected champions of human rights, including the late Nelson Mandela, His Holiness the Dalai Lama, Mikhail Gorbachev, Mary Robinson, former President of Ireland and United Nations High Commissioner for Human Rights, the European Parliament, the Belgian Parliament, the Italian Parliament, the Kennedy Memorial Center for Human Rights, the Rev. Jesse Jackson, Rigoberta Menchu, seven Nobel Peace Prize Laureates (including Archbishop Desmond Tutu and Shirin Ebadi), Rage Against the Machine, Pete Seeger, Carlos Santana, Harry Belafonte, Gloria Steinem, and Robert Redford, representing but a fraction of those who recognize the injustice imposed upon Mr.Peltier; andWHEREAS, the National Caucus of Native American State Legislators, tribal nation leaders, and the National Congress of American Indians, within our representative states and beyond, have demanded Mr. Peltier’s clemency and release;THEREFORE, BE IT RESOLVED, that the DNC platform states that the President should use clemency powers “to secure the release of those serving unduly long sentences;” andBE IT FURTHER RESOLVED, that given the overwhelming support for clemency, the constitutional due process issues underlying Mr. Peltier’s prosecution, his status as an elderlyinmate, and that he is an American Indian, who suffer from greater rates of health disparities and severe underlying health conditions, Mr. Peltier is a good candidate to be granted mercy and leniency; andBE IT FURTHER RESOLVED, that it is highly appropriate that consideration of clemency for Mr. Peltier be prioritized and expedited, so that Mr. Peltier can return to his family and live his final years among his people.
Amen!