> >"Indian Country Today" wrote: > >Sen. Campbell urges decision on Peltier clemency >By Brian Stockes > >Today staff - Washington Bureau > >WASHINGTON, D.C. - A letter from Sen. Ben Nighthorse Campbell, R-Colo., >calling for a decision on a petition for executive clemency filed by Leonard >Peltier recently was delivered to the White House. >Peltier, a member of the Turtle Mountain Ojibwe, was convicted for the 1975 >murders of two FBI agents on the Pine Ridge Reservation. He has served >nearly 25 years at the federal penitentiary in Leavenworth, Kan. >As a result of numerous questions and inconsistencies in the case, many >claim he is innocent, citing the government's lack of evidence connecting >Peltier to the murders. > >"Mr. Peltier filed a petition for executive clemency in 1993 and as of >November, 2000, it will have been seven years since the original filing," >wrote Sen. Campbell, chairman of the Senate Committee on Indian Affairs. >"Given this time frame, and the expedition with which you considered other >requests for clemency, I believe that fundamental fairness and basic >precepts of due process require a decision on Mr. Peltier's petition." >Peltier was charged in the deaths of two FBI agents following a shootout on >the Pine Ridge Reservation in June 1975. The shootout initially erupted >following a traffic stop and chase onto private property. The property, at >the Jumping Bull ranch near Oglala, was called the "Jumping Bull Compound." >It was a gathering place for Oglala traditionalists and members of the >American Indian Movement (AIM) to which Peltier belonged. >The situation deteriorated into a firefight involving approximately 30 >American Indian people and the two FBI agents, BIA police, U.S. Marshals and >local police. When hostilities ended, two FBI agents - Jack Coler and Ron >Williams - and one American Indian, Joe Killswright Stuntz, were dead. > >Although there was no investigation into Stuntz' death, the FBI said he was >killed during the firefight by a law enforcement agent. The government >launched a full-scale investigation into the deaths of the agents. Three >people were tried, including Peltier. Two were acquitted while Peltier, who >had fled to Canada, was tried later in a different court and found guilty of >two counts of first-degree murder. > >Questions have been raised over admitted improprieties by the federal >government with regard to its prosecution of Peltier, including his >extradition from Canada and confusion over expert testimony on ballistics >evidence. Although denying a new trial, the 8th Circuit Court of Appeals >held that Peltier's initial trial and previous appeals were riddled by FBI >misconduct and judicial impropriety. >In its decision, the court stated: > >"There is a possibility that the jury would have acquitted Leonard Peltier >had the records and the data improperly withheld from the defense been >available to him in order to better exploit and reinforce the >inconsistencies casting strong doubts upon the government's case." > >The court called the FBI's misconduct "a clear abuse of the investigative >process." It ruled against a new trial based on the "Bagley Test" which >requires that the court be convinced, from a review of the entire record, >that had the information withheld been made available, the jury would have >reached a different decision. While the court held it was possible the jury >could have reached a different decision, in the end, the judges could not be >sure. > >Years later, the judge who wrote the decision wrote a letter recommending >that Peltier be released through executive clemency saying, "the FBI used >improper tactics in securing Peltier's extradition from Canada and in >otherwise investigating and trying the Peltier case." > >In June, Peltier was again denied parole even though U.S. prosecutor Lynn >Crooks admitted in a 1995 parole hearing that no evidence existed against >Peltier, that the government never really accused him of murder, and that if >retried the government could not reconvict. > >"It was more of what we interpreted as a token approach to the parole >process," said Ernie Stevens Jr., member of the executive board of the >National Congress of American Indians and the Native American Rights Fund. >"We don't feel his application for parole was legitimately evaluated." >Although Peltier was denied parole, advocates such as Stevens are hopeful, >seeing executive clemency as a viable alternative. > >"Clemency is something that is appropriate," Stevens said. "I think working >through the president is our best hope." > >While many in and outside Indian country support clemency, including >prominent figures such as Nelson Mandela and organizations like Amnesty >International, some within the law enforcement community continue to argue >against his release. > >"The unfortunate situation that we have is a lot of lobbying by the FBI and >other law enforcement agencies that continue to promote falsehoods about his >case," Stevens said. > >"In order for us to move away from the era that was so terrible and where so >many lives were lost we have to forgive and move on. Leonard's freedom would >help us do that." > >The White House has yet to respond to Senator Campbell's letter. >Brian Stockes reports from Washington, D.C. He can be reached at (202) >783-2012. Email [EMAIL PROTECTED] >http://indiancountry.com/articles/headline-2000-07-26-14.shtml > >Call the White House Comments Line Today >Demand Justice for Leonard Peltier! 202-456-1111 > >Leonard Peltier Defense Committee >PO Box 583 >Lawrence, KS 66044 >785-842-5774 >www.freepeltier.org >To subscribe, send a blank message to < [EMAIL PROTECTED] > >To unsubscribe, send a blank message to < [EMAIL PROTECTED] > >To change your email address, send a message to < [EMAIL PROTECTED] >> with your old address in the Subject line > > > >------------------------------------------------------------------------- >To subscribe, send a blank message to [EMAIL PROTECTED] >To unsubscribe, send a blank message to [EMAIL PROTECTED] >To change your email address, send a message to [EMAIL PROTECTED] > with your old address in the Subject: line > > __________________________________ KOMINFORM P.O. 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