Governor pardons Means
David Kranz
Argus Leader
published: 1/2/2003
Activist guilty of felony in '75
Gov. Bill Janklow has pardoned Native American activist Russell Means for a
felony committed 27 years ago in a Sioux Falls courtroom.
Janklow said he went against the advice of some and took the action before
he leaves office, saying Means has lived a constructive life since the
incident in 1975.
"It wasn't a tough decision. I sat down and talked to him. He wasn't found
guilty. He pled guilty to an offense that took place almost 30 years ago.
He makes a lot of noise, talks a lot, but it is the only crime he has ever
been convicted of," Janklow said.
His pardon is consistent with the actions of previous governors who have
reviewed some convictions as their terms come to an end.
"People who did a lot more than he did have had their records cleared over
the years. This comes at a time when you put things behind you if you can.
I am a believer in that," Janklow said.
Janklow also is reviewing other possible pardons before he leaves office
Jan. 7 to become a member of the U.S. House of Representatives.
The Means pardon deals with a felony conviction for riot to obstruct
justice. The law was repealed by the Legislature in the late '70s, but with
no retroactive provision for those convicted, Means said.
He recalls the incident in the Sioux Falls courtroom.
"I refused to stand up for Judge Joe Bottum. There is no crime for not
standing up for a judge, but it is a polite show of respect. So he sent in
the riot police to deal with us, and we beat up the riot police," Means
said. "I did my time, one year, three days, 22� hours in the Sioux Falls
penitentiary."
Twelve to 15 years after a felony, the U.S. Constitution restores one's
full civil rights, Means said. He said his rights were reinstated in 1996.
The pardon gives Means certain protections, though.
"It seals my records, so I don't even have to admit I have ever been in
prison or committed a felony," he said.
Charles Abourezk, a longtime friend and lawyer for Means, initiated the
action by writing a letter to Janklow asking him to evaluate a pardon.
"Because times have changed, because the world changed and the fact that I
have led an exemplary career, he thought I deserved consideration," Means said.
Means was contacted by Janklow's office before Christmas. At 3:30 p.m.
Monday, he walked up the Capitol steps into the governor's conference room
and looked across the table at Janklow, sometimes friend, other times
adversary.
"He told me he respected me for what I have done for civil rights and told
me I only had one conviction," he said.
"He told me, �Russell, you don't have to convince me,' and he handed me the
pardon. He said he did it against the advice of some who said I would throw
it in his face," Means said.
Janklow and Means go back to 1967, when Janklow was a legal aid lawyer on
the Rosebud Indian Reservation. They were friends at that time but grew at
odds with each other over American Indian Movement activities.
"I found out an old friend turned out to be a true friend," Means said.
Means, 63, was born on the Pine Ridge reservation in 1939 and grew up in
California.
He came to prominence in the '70s as a leader of the American Indian
Movement and as a spokesman against injustices endemic to reservation life.
Means has remained a spokesman for Indian causes, and that voice was
deepened in the past decade as he developed a career as a movie actor,
wrote an autobiography, ran for the U.S. presidency as a Libertarian
candidate and attempted to run in the New Mexico gubernatorial race this
year until that state ruled he was an ineligible candidate.
Even though the time had elapsed on penalties from the felony conviction,
it still haunted Means in his unsuccessful 2002 bid to run as a candidate
for Oglala Sioux Tribal chair on the Pine Ridge reservation.
In the end, it wasn't a factor.
Abourezk says he wrote the letter making the request because he thought the
time was right.
"Both for Bill Janklow in his career and in my client's career, to bring
about some healing from the '70s. I am appreciative that Governor Janklow
had the courage to make the decision. I am glad to see we are moving ahead
into a new era in South Dakota," he said.
State Sen. Ron Volesky of Huron called Janklow's pardon a significant step
in the right direction for reconciliation.
"I applaud him in recognizing it is time to move forward, putting the
Russell Means matter behind us. Whether you support him or not, his role
was significant in bringing to light many important issues for the Indian
people of South Dakota," Volesky said.
Means said he hopes the act by Janklow and the renewal of friendship will
lead to other things.
"I hope we can work together in Washington, D.C., to bring the Republican
Congress around to finding a new path in Indian affairs, a path of true
self-determination enhanced by block grants that will in the near future
absolve the government of its trust responsibilities and allow reservations
to have sovereignty and quasi-statehood," he said.
Reach reporter David Kranz at [EMAIL PROTECTED] or 331-2302.
