Freedom Now for Leonard Peltier!

(Class-Struggle Defense Notes)

A parole hearing for class-war prisoner Leonard Peltier was held on July 28, with a decision still pending. We print below a June 29 letter by the Partisan Defense Committee sent to the United States Parole Commission.

The Partisan Defense Committee joins with those supporting the release of political prisoner Leonard Peltier. A prominent member of the American Indian Movement (AIM), Mr. Peltier is in prison only because of his courageous activism on behalf of Native Americans, the victims of centuries of genocidal terror.

Between 1973-1976, hated Bureau of Indian Affairs (BIA) agents and FBI-trained thugs terrorized Indian activists at the Pine Ridge Reservation, carrying out over 300 attacks and killing at least 69 people. In June 1975, 250 FBI and BIA agents, SWAT policemen and local vigilantes descended on the reservation and precipitated a shootout. Two FBI agents were killed. Mr. Peltier and three others were charged. All charges were dropped against one AIM activist, and two others were acquitted in a separate trial in Cedar Rapids, Iowa. Jurors at that trial stated that they did not believe the government witnesses.

Mr. Peltier’s 1977 trial was moved to Fargo, North Dakota. The judge ruled out of order any evidence of the documented government violence against Native American activists at Pine Ridge. The prosecution concealed ballistics tests that showed that Peltier’s gun could not have been used in the shooting. As Mr. Peltier said at his sentencing, “I’m not the guilty one here; I’m not the one who should be called a criminal.”

One court proceeding after another has laid bare the evidence of his innocence and of massive prosecutorial misconduct. In a 1985 appeals hearing, the government’s lead attorney admitted, “We can’t prove who shot those agents.”

In 1986, the Eighth Circuit Court of Appeals ruled that the trial jury could have acquitted Mr. Peltier if records improperly withheld from the defense had been made available.

In November 2003, the Tenth Circuit Court of Appeals stated, “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.”

In 2001, in response to requests under the Freedom of Information Act and lawsuits, the U.S. government admitted it had withheld a staggering 142,579 pages of evidence of its secret COINTELPRO efforts to persecute and convict Mr. Peltier.

The long trail of injustice against Leonard Peltier has been documented in the film Incident at Oglala, narrated by Robert Redford, and the book In the Spirit of Crazy Horse by Peter Matthiessen. He has been framed up for crimes the government knows he did not commit. Millions worldwide have demanded his freedom.

It is an injustice that Mr. Peltier was ever incarcerated at all. The more than 33 years of unjust imprisonment have not only robbed this honorable man of a majority of his lifetime. They have taken a devastating toll on his physical well-being as he suffers from diabetes, high blood pressure, partial blindness and a heart condition. We call for the immediate and unconditional release of Leonard Peltier.