In the latest move of the ongoing struggle to free imprisoned American Indian Movement activist Leonard Peltier, his attorneys filed a Freedom of Information Act complaint against Executive Office of United States Attorneys on November 1, 2002. The complaint is an attempt to force U.S. attorneys to produce documents withheld during his trial that could be crucial to securing Peltier's release. Peltier's attorneys will file FOIA complaints against the FBI and CIA by next week, in addition to issuing 35 additional FOIA requests to various FBI offices. The legal team hopes that these efforts will yield withheld documents, and, ultimately, Peltier's long overdue release, 27 years after his conviction. With the 57 year-old Peltier's health in decline, his advocates are redoubling their efforts to gain his freedom.
A talented AIM leader, Leonard Peltier, and Ojibwe, became involved in the American Indian Movement when tensions between the FBI and American Indians were at a high on the Pine Ridge reservation. Peltier was asked by people at Pine Ridge, South Dakota to support and protect the people targeted for violence by the FBI and tribal chairman Dick Wilson’s enforcers. FBI agents Ron Williams and Jack Colar were sent to the privately owned Jumping Bull Ranch in Pine Ridge area on June 26, 1975. Many AIM members had been camping there and the two agents arrived presumably to conduct an arrest. A shoot-out erupted between ranch residents and more than 150 FBI, SWAT members and BIA police, resulting in the two agents’ death. To this day, the U.S. Attorney admits that no one is certain as to who fatally shot both men. Peltier was arrested in February of the following year, charged with their murder. On April 18, 1977, he was found guilty of the first-degree murders of the two agents and sentenced on June 1st to two consecutive life terms in prison.
Questions regarding withheld documents were raised shortly after Peltier's conviction, following the already controversial 1976 trial. Approximately 3,500 files were brought forth from the FBI, with the implication that they were the sum total of relevant documents. However, through Freedom of Information Act requests, Peltier's legal team was to obtain over 12,000 documents unrevealed by the FBI.
These documents contained crucial evidence that had been kept from the trial, along with evidence that FBI officials who testified may have committed perjury. The FBI excused their actions in the name of ‘national security interests’. Through the efforts of supporters and Congressman Barney Frank, more documents were produced and more evidence of FBI misconduct was illuminated. The government admits to even more documents being withheld, up to 100,000 pages’ worth, which are eagerly sought by Peltier's attorneys.
In a statement offering updates on Peltier’s case, the legal defense team commented, “Despite the roadblocks set up by the government, service of process is underway. We hope to have all parties served within the next two weeks so that the government will be forced to address the allegations, which involve outrageous and extreme behavior by current and former FBI agents.”
Leonard Peltier's attorneys - Ramsey Clark, Lawrence Schilling, Carl Nadler and Barry Bachrach - are also currently awaiting a ruling on an appeal filed in the Tenth Circuit Court of Appeals concerning the denial of Peltier’s 1999 Habeas petition challenging the parole commission’s failure to provide Leonard with a parole date despite the laws enacted as part of the Sentencing Reform Act of 1984. The legal team continues to pursue this argument.
Also pending is a decision from the Eighth Circuit Court of Appeals concerning a reduction of prison sentence for Peltier, who has been repeatedly denied parole and executive clemency. The appeal was brought forth on October 8, in the hope of altering the two consecutive life terms that Peltier is currently serving in Fort Leavenworth, Kansas. Peltier’s legal defense team argues that the judge in the 1976 trial considered misleading evidence that resulted in Peltier’s conviction. One crucial point in Peltier’s favor is that no one has yet proven beyond doubt the identity of the person who fired the weapon that killed the agents. His attorneys maintain that withheld information would have proven their client’s innocence. Given the lack of conclusive evidence, attorneys hope to reduce his sentence, changing it from murder to aiding and abetting. Countering the argument, U.S. attorney Lynn Crooks stated that the challenge brought forth no new information. Peltier’s attorneys stated that they were pleased with how the appeal went, despite no comment from the court on when it would rule.
