Leonard Peltier no 'political prisoner'

http://www.wickedlocal.com/plymouth/news/opinions/letters/x1316690761/LETTER-Leonard-Peltier-no-political-prisoner

Dec 01, 2010

To the editor:

I am a retired FBI Special Agent. I believe that any information I provide in this letter is accurate.

For many years at Thanksgiving the Old Colony Memorial, whether attempting to be fair or merely politically correct, has been affording relatively equal coverage to the traditional Pilgrim celebrations and the demonstrations, sometimes disruptive, of Native American activists protesting the current and historic treatment of the American Indian. Prominent within these demonstrations has been the "Free Leonard Peltier" movement, a movement that as repeatedly reported by the OCM claims that Peltier is a "political prisoner" convicted on "trumped up charges." The OCM has correctly identified Peltier as the convicted murderer of two FBI Agents in a 1975 shooting incident on the Pine Ridge Indian Reservation, for which he was sentenced to two life terms. However, while repeatedly reporting the unsupported claims of Peltier's supporters, the OCM has never provided details of the crimes. Nor has there ever been any attempt to report any facts whatsoever that could conceivably support these outrageous claims. In publishing photographs of the banners carried by Peltier supporters, and in reporting without question their "political prisoner/trumped up charges" allegations, the OCM has unwittingly afforded a degree of unwarranted credence to those claims. There are OCM readers as well as attendees of these parades/demonstrations with a natural empathy for Native American causes. Many of those same individuals, usually without benefit of the actual facts, have been inclined to support the Peltier cause financially and/or through the petition process, something they perhaps might have been less inclined to do had those facts been known to them.

It is noteworthy that Leonard Peltier has never denied being at the murder scene. In fact he has admitted to media that he was there and that he fired shots at the FBI agents. What he denies is that he killed them. His denials lack credibility in light of the considerable forensic evidence and witness testimony presented at his trial.

While Peltier has denied in public killing the two agents, what he has had to say in private is quite another matter. In sworn testimony, Ka-Mook Nichols, the ex-wife of American Indian Movement (AIM) co-founder Dennis Banks, testified in federal court that shortly after the murders Leonard Peltier bragged to her that "the m_____ f_____ was begging for his life, but I shot him anyway." As will shortly be shown, that graphic admission is remarkably consistent with and supported by the actual evidence at the crime scene.

On 6/26/75, FBI Special Agents Ron Williams and Jack Coler were at the Pine Ridge Indian Reservation looking for federal fugitive Jimmy Eagle, wanted on felony charges. At that time Leonard Peltier was also a federal fugitive, wanted on a warrant issued in Milwaukee, Wisc., in which it was alleged that he held a gun to the head of an off-duty police officer and pulled the trigger. The gun fortunately misfired. Peltier believed the agents were looking for him. They were not. They did not know he was at Pine Ridge that day and it is unlikely that they even knew who he was.

The agents, in separate cars, observed a Chevy Suburban occupied by three unidentified Indian males, one of whom was in fact Leonard Peltier. Thinking that one of them might be the fugitive Jimmy Eagle, they followed the vehicle. At a point when Peltier and his companions were over 200 yards ahead of the agents and on high ground looking back down toward them, they stopped their vehicle, got out and took cover. Then without provocation they commenced firing down on the agents. Within minutes the Peltier group was joined by other armed Indians who were in the area. A total of 125 bullets struck the agents' cars from three sides, not including unrecovered bullets that either struck the ground or blew out their car windows. Both agents were wounded, Agent Coler so severely that he lost a considerable amount of blood, went into shock and lost consciousness. While still taking extensive gunfire and at great personal risk, Agent Williams attempted to attend to his wounded partner. The two agents had been able to return a mere five shots.

At this point our hero, Leonard Peltier, accompanied by two other Indian associates, walked down to the wounded agents. Agent Williams was shot at point blank range through his hand and into his head by a high velocity small caliber rifle. His hand had apparently been extended in a last futile self-defensive act. It is useful to recall the sworn testimony of the ex-wife of Dennis Banks who testified that Peltier told her that he shot the agent as he begged for his life. The extended hand is certainly consistent with and corroborative of her testimony. The unconscious Agent Coler was then shot twice in the head by the same weapon.

In its previous reporting the OCM has characterized this incident as a "shootout." I submit that the scene is more accurately described as a "shooting gallery" with the two agents as targets, taking sustained gunfire from three sides by an adversary that had superior numbers and weaponry. The two agents were in fact ambushed, surrounded and then executed at point blank range.

For those unfamiliar with weapons, the AR-15 is a high-velocity small-caliber rifle, the civilian version of the military's M-16 automatic rifle. Evidence presented at Peltier's trial showed that both agents were killed by head shots fired from a high velocity small caliber weapon. Leonard Peltier was the only shooter observed firing such a weapon at the murder scene that day. A total of 114 AR-15 shell casings were recovered from a location at which witness testimony placed Peltier firing at the agents. Witness testimony further placed Peltier in possession of an AR-15 rifle at the bodies of the two agents. And finally an AR-15 shell casing recovered in close proximity to their bodies was forensically matched to the 114 AR-15 shell casings recovered at Peltier's initial shooting location.

Leonard Peltier is not a "political prisoner;" he is not incarcerated because of his political beliefs. He is incarcerated because of his crimes. Those crimes were his role in the execution-style murders of two wounded FBI agents at close range by a high velocity weapon. The murders were real. His crimes were real. There are consequences for those who either commit or participate in the act of murder. The consequence is imprisonment, and it is rightly for a lengthy term. And because of the heinous nature and circumstances of these murders, in the case of Leonard Peltier that term is the full length of his life, as it should be.

Two FBI agents were executed while in the legal performance of their sworn duties as federal law enforcement officers. The punishment meted out to the individual responsible for their murders is not politics, it is justice.

The murder charges against Leonard Peltier were not "trumped up." To suggest that they were is in essence saying that the evidence was fabricated and false testimony given. There is and never has been any factual foundation to support such inflammatory allegations. It is certainly noteworthy that much of the witness testimony against Peltier was provided by fellow Native Americans, many of whom courageously testified notwithstanding the not insubstantial risk of retribution from Peltier's associates.

The fact remains that Leonard Peltier was convicted in a United States District Court by a jury of his peers based on credible witness testimony and convincing forensic evidence. His convictions have repeatedly been upheld on appeal and his several bids for parole rejected by the U.S. Board of Parole after careful consideration of the facts of his crimes, his role in them, and his complete lack of remorse.

Leonard Peltier is certainly not the sympathetic figure he and his followers would have you believe. He stands convicted of a heinous and especially cowardly crime, a conviction upheld through an exhaustive appellate process. He selfishly continues to use the legitimate plight of Native Americans to excuse and justify his many criminal acts. Notwithstanding his writings from prison, he does not represent the average Native American, and he does not and cannot speak to or for their concerns on the many social issues that are clearly in need of address by our government and social institutions.

Quite frankly, it would be a sad day indeed and a gross insult to the families of the two slain agents, as well as to the many dedicated law enforcement officers throughout this country who risk their lives every day, if Leonard Peltier were ever to walk away a free man.

Thank you for affording this opportunity to present a different perspective concerning the individual who our Thanksgiving protesters would have go free.

Gerald Montanari
Plymouth

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