Justice denied for Peltier

August 24, 2009

On August 21, Leonard Peltier, one of America's longest-serving political prisoners, was denied parole by the U.S. Parole Commission.

In 1977, Leonard was sentenced to two consecutive life terms for the deaths of two FBI agents who were killed in a gunfight on the Pine Ridge reservation in South Dakota on June 26, 1975. His co-defendants Bob Robideau and Dino Butler were acquitted on the basis of self-defense, but the government managed to secure a conviction against Leonard, despite never producing any witness who could identify him as the person who killed the agents.

Supporters have been fighting for over 33 years to free Leonard Peltier, who is now 64 years old. Many had hoped that he would be released as a result of this hearing--his first full parole hearing since 1993.

Eric Seitz is Leonard's attorney. He wrote the following statement after the news was announced.

THE BUSH administration holdovers on the U.S. Parole Commission today adopted the position of the FBI that anyone who may be implicated in the killings of its agents should never be paroled and should be left to die in prison.

Despite judicial determinations that the unrepentant FBI fabricated evidence and presented perjured testimony in Leonard Peltier's prosecution; despite a jury's acquittal on grounds of self-defense of two co-defendants who were found to have engaged in the same conduct of which Mr. Peltier was convicted; despite Mr. Peltier's exemplary record during his incarceration for more than 33 years and his clearly demonstrated eligibility for parole; despite letters and petitions calling for his release submitted by millions of people in this country and around the world, including one of the judges who ruled on his earlier appeals; and despite his advanced age and deteriorating health, the Parole Commission today informed Mr. Peltier that his "release on parole would depreciate the seriousness of your offenses and would promote disrespect for the law," and set a reconsideration hearing in July 2024.

Demanding justice for Leonard Peltier

This is the extreme action of the same law enforcement community that brought us the indefinite imprisonment of suspected teenage terrorists, tortures and killings in CIA prisons around the world, and promoted widespread disrespect for the democratic concepts of justice upon which this country supposedly was founded. These are the same institutions that have never treated indigenous peoples with dignity or respect or accepted any responsibility for centuries of intolerance and abuse.

At his parole hearing on July 28, Leonard Peltier expressed regret and accepted responsibility for his role in the incident in which the two FBI agents and one Native American activist died as the result of a shootout on the Pine Ridge Reservation. Mr. Peltier emphasized that the shootout occurred in circumstances where there literally was a war going on between corrupt tribal leaders, supported by the government, on the one hand, and Native American traditionalists and young activists on the other.

He again denied--as he as always denied--that he intended the deaths of anyone or that he fired the fatal shots that killed the two agents, and he reminded the hearing officer that one of his former co-defendants recently admitted to having fired the fatal shots himself.

Accordingly, it is not true that Leonard Peltier participated in "the execution-style murders of two FBI agents," as the Parole Commission asserts, and there never has been credible evidence of Mr. Peltier's responsibility for the fatal shots as the FBI continues to allege. Moreover, given the corrupt practices of the FBI itself, it is entirely untrue that Leonard Peltier's parole at this juncture will in any way "depreciate the seriousness" of his conduct and/or "promote disrespect for the law."

We will continue to seek parole and clemency for Mr. Peltier and to eventually bring this prolonged injustice to a prompt and fair resolution.

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