How Leonard Peltier Could Leave Prison by August 18

For a formidable and growing global community of supporters, the prospect of Native American activist Leonard Peltier finally leaving prison inspires a longing that cuts to the depths of the soul.

So Peltier's first parole hearing of the Obama Era -- on Tuesday, July 28 -- inspired hope of an intensity that will have a major impact on the new presidency. A decision must come from the Federal Parole Commission within three weeks. His attorney is calling for a surge of public support that would create an irresistible political climate for Leonard's release.

The relationship between Peltier and those who have followed his case over the decades can be intensely personal. His imprisonment has come to stand not only for five centuries of unjust violence waged against Native Americans, but also for the inhumane theft of the life of a man who has handled his 33 years in jail with epic dignity, effectiveness and grace.

Peltier's latest parole hearing convened at the federal penitentiary in Lewisburg, Pennsylvania, where he is currently held. According to Eric Seitz, Peltier's Honolulu-based attorney, Peltier spoke for more than an hour "with great eloquence" about the nature of his case, his imprisonment and his plans for freedom. "The hearing officer seemed to listen carefully," said Seitz. "We thought it went very well."

The decision on Peltier's parole will be made by the four sitting members of the Federal Parole Commission whose offices are in Chevy Chase, Maryland.

Commissioners Isaac Fulwood, Jr., Cranston Mitchell, Edward Reilly and Patricia Cushware are all Bush appointees. One seat is vacant; Fulwood was elevated to the Chairman's seat in May by President Obama.

According to Seitz, the hearing was taped by an officer charged with reporting to the Commissioners within 48 hours. The Commissioners are required to render a decision within 21 days---by August 18. Should they rule in his favor, Peltier could walk out of prison very soon after the decision is issued.

Should the Commssioners turn down his parole application, Seitz says the appeal would go to the federal district court in Harrisburg. The report of the hearing would become available to Peltier and the public.

Seitz said he spoke to the record for about 20 minutes on the legalities of the case. He said Peter Mattheissen, author of In the Spirit of Crazy Horse, explained the history of the 1970s incidents that led to Peltier being accused of murdering two FBI agents. Crazy Horse is the definitive account of the origins of the case and of the climate of violence and repression imposed on the native community at the time of the killings. Seitz said Mattheissen emphasized "the many reasons to have misgivings about whether the system performed well and fairly in Leonard's case."

Mattheissen was joined by Dr. Thomas Fassett of the United Methodist Church, who testified, said Seitz, "to the negative impact of Peltier's 33-year imprisonment on the world's view of how the US government treats its native population. Leonard's case is viewed in the larger community both nationally & internationally as a major embarrassment...as a gross injustice...a black mark."

The testimony was accompanied by thousands of letters, with signees including South African Bishop Desmond Tutu, US Senator Daniel Inouye (D-HI), and actor Robert Redford, whose film Incident at Ogalala is the definitive documentary.

Cynthia Maleterre of the Turtle Island Clan then outlined how Peltier could meet the requirements of parole in his home community in North Dakota. Restored to his Chippewa-Dakota homeland, Maleterre explained that Peltier would have housing, a job and be surrounded by family, including great-grandchildren he has never seen.

Seitz said testimony opposing parole came from a representative of the FBI, sent by Director Robert Mueller, a holdover Bush appointee, and from the former director of the Minnesota Bureau. Two sons of Jack Coler, one of the FBI agents killed in the Ogalala shoot-out, also argued against Peltier being freed, as did a former agent named Ed Woods.

Seitz said that all those opposing parole argued Peltier should spend the rest of his days in prison, and did not deserve a new trial.

But Seitz was "guardedly optimistic" about a favorable decision from the Parole Commission. He said that a "good rapport" had been established with the hearing officer, and that the new chair of the commission is generally held "in high esteem."

President Barack Obama does have the power to grant clemency, but Seitz said prisoners apply only when all other avenues have been exhausted. Usually, says Seitz, "presidential pardons do not come until the Chief Executive is leaving office."

Seitz says letters to the Parole Commission and to local newspapers, calls to Congressional Representatives (202-224-3121), talk show hosts and other forms of public pressure are now of the utmost importance. The hope, he says, lies in creating a "public environment favorable to release."

As Leonard Peltier approaches his 65th year---having spent half his life in prison---every day is now critical to lifting this burden from our collective souls.

For more information go to http://www.leonardpeltier.net.

Comments

[grandpacory]

Tomorrow (Aug 21st) is the deadline for the parole board to issue their decision. May the Great Spirit guide them towards the truth.

[WeAreGod]

I really hope he gets out soon.
We all make mistakes. I don't know why it's taken the US judicial system so long to admit it's mistake here and correct it. I love our country and am saddened that we are taking so long to correct this issue. This man deserves to be free. What more can you say. It's been a long hard road for Mr. Peltier. It's the least that we can do to set him free.

[tiredofwaiting]

About time!
I'm tired of waiting!

[kanumom]

It is past time for Peltier to be released!

His continued imprisonment is an embarrassment to the U.S.

Everyone from Nelson Mandela to the Dalai Lama to Archbishop Desmond Tutu have supported his release.

[SilviaMaria]

Hope he goes free finally.

[LMPE]

From the start it was obvious that the court had convicted Leonard Peltier before the trial began (as in the trials of Sacco & Vanzetti, Julius and Ethel Rosenberg, and Mumia Abu-Jamal).

[Anare]

Leonard Peltier in his own voice in the Robbie Robertson song "Sacrifice":

"The prosecutor stated that they 'did not know who killed their agents'
Nor did he know 'what participation Leonard Peltier may have played in it,
But someone has to pay for the crime.'"

Everyone should read the account of the incident and the numerous court hearings that sent Peltier to prison. Reasonable doubt existed, they really didn't know who killed the agents, but Peltier was the scapegoat and paid with 33 years of his life. The wounds of Peltier, the Native Americans, the FBI and the families of the deceased agents will never heal until they sit together and pass the pipe.

Free Leonard Peltier.

[wm1066]

Nothing like some Kinnikinnick! Would that be the Old Chippewa blend?

[wm1066]

As a Minnesota resident I have followed this since the 70's. I believe he is innocent of the crime. He was framed and I hope he gets out of prison. The (corrupt thugs) that ran the reservation are another matter!

[RightWingMarine]

this murderer is where he belongs.
He can't even keep to one story. On the one hand he claims to have no knowledge about the murders and was not involved and if that doesn't fly then he committed the murders because there was a war like atmosphere on the reservation towards the FBI. So he didn't do it but if he did it was justified.

[nicholasfromWA]

what an ignorant and fantastic comment!
Peltier is so clearly innocent, the man who prosecuted him admitted his suspicion of Peltier's innocence. He should've been freed DECADES ago!!

I'm praying the parole board will do the right thing, FREE LEONARD PELTIER!!!!

[Nishnabe]

Thanks to Huffpo for running this, one of the few places in the national press where one can get news of Indian Country. Two questions RWM, why are you cruising a supposed "left wing" site and second, both stories can be true. In all the materials published about Peltier, he never said he wasn't "involved." He admits he was there, admits that he fired his weapon in self-defense. Two other defendants were acquitted by reason of self-defense in the amazing admission that the warlike atmosphere of Pine Ridge 73-78 was a "war zone" and they were defending themselves against FBI abuses. More than sixty murders in less than three years on PR, a place with less than 20 thousand people. That murder rate in a comparable "white" city would have elicited national headlines. Not a peep in the national press over the death of Indians.

[RightWingMarine]

I read HuffPo to get a different point of view and because the comments section is more fun than on a site where I already agree with columnist and most of the commentors such as townhall.com.

I stand corrected. I was unfamiliar with the case and did a quick reading on wikipedia which should never be used as a primary source. That being said I still believe that Peltier is where he belongs. It's not self defense to shoot two people in the head at contact range especially when neither is in a position to offer further opposition.

[jack34]

FREE LEONARD PELTIER!!!­!!!!!!!!!!­!!!

[Vickster]

According to some sources, the autopsies suggested that the FBI agents were killed by "friendly-fire".

Also, if memory serves me right, three other people were charged with these killings. Jimmy Eagle was tried alone and acquitted. Dino Butler and Robbie Robideau were tried together. They were acquitted too. That left Leonard Peltier.

[Steve Russell from Texas]

You should see the documentary, Incident at Oglala. Jimmy Eagle was never accused of the shootings. Butler and Robideau were tried on evidence that showed they had fired at the agents from a distance (the agents were in plain clothes and driving an un-marked car) after the firefight was in progress. On those facts, the jury accepted the self-defense plea.

There was no "friendly fire" present at the Jumping Bull fight.

The forensic proof was that somebody executed the gravely wounded agents after they were no threat--something that would still be a crime if it happened on a battlefield. Peltier was accused of being that executioner. Self-defense could not fly on those facts.

In Incident at Oglala, Peltier admits to being an accessory after the fact and claims he knows who the shooter was but will not tell. That is the strongest argument against his parole.

I think two things trump that argument.

First, Peltier is now a sick old man and no threat to anybody.

Second, Peltier did not get a fair trial for beaucoups of reasons. I say this having been a trial judge for over 20 years. I also believe the judge who tried the case is now supportive of Peltier's release.

Was Peltier guilty of being the shooter? Probably. But the burden of proof in an American criminal case is more than "probably," and nobody could claim with a straight face that he got a fair trial.