portland independent media center  
images audio video
newswire article coverage united states

indigenous issues | prisons & prisoners

Peltier legal update-January 2005

"PeltierSupport" DIGEST- January 21, 2005

We currently have some exciting legal strategies going for Leonard.
There are more to come. We urge you to regularly (& frequently)
visit our Web site at  http://www.peltiersupport.org
< http://www.peltiersupport.org/> for up-to-date
information on the Peltier case.
==============================
FOIA Actions
==============================

The FBI was ordered on August 15, 2003, to begin releasing documents
from its Minneapolis Field Office by December 2004. On December 30, 2004,
the FBI produced 5,112 pages of material. However, the pages released
consisted of Mr. Peltier's 1977 trial transcript, as well as the trial
transcript from US v. Robideau-Butler. Incredibly, the FBI withheld 144
pages from these transcripts --documents that are already a matter of
public record -- on the basis that they were exempt from disclosure. Huh?

The Peltier attorneys sent a letter to the judge who issued the above
Order, to ask her to reconsider her August decision. Remember, we know
that the FBI has 142,579 pages of material that have never been made
available to
us. The Minneapolis Field Office alone has 90,000 pages. The data
maintained by this Field Office are particularly important because this
was the office in which the RESMURS investigation was based.

Incredibly, the judge denied our request, disagreeing that the FBI has
made a bad faith response to her Order. Perhaps she believes we've waited
nearly 30 years only to receive Peltier's trial transcript? Go figure.
SEE the judge's ruling (PDF document):
 http://www.peltiersupport.org/uploads/NelsonReply.pdf.

Other information on FOIA actions (point to & click on "FOIA Actions")
are located at:

 http://www.peltiersupport.org/Docs/Historical/PostConviction.html.

==============================
Illegal Sentence
==============================

The government has responded to our Motion, filed in the federal
District Court (North Dakota), contending that Leonard's sentence was
illegal. The government's brief of December 29 & our reply brief of
January 17, 2005, are available for viewing on our Web site. Access all
pertinent documents concerning this Motion (point to & click on "Illegal
Sentence") at:
 http://www.peltiersupport.org/Docs/Historical/PostConviction.html.

==============================
In the Spirit of Crazy Horse
==============================

Today, on the second anniversary of his murder in Houston, TX, we'd like
you to remember & emulate Robert Standing Deer Wilson. At great personal
risk, Standing Deer exposed a plot to assassinate Leonard Peltier. On
January 22, 1980, Leonard was convicted & given the maximum sentence for
the prison escape prompted by the government plot against him. See
Standing Deer's affidavit at:
 http://www.peltiersupport.org/Docs/Historical/FOIA/StandingDeer.html.

Standing Deer stood firm against the death penalty & fought tirelessly
for prisoners' rights, in particular for the religious rights of
Indigenous prisoners. Follow Standing Deer's example. Speak out against
injustice everywhere. Be infused with his spirit, the spirit of Crazy
Horse. In particular, be firm & constant -- as was Standing Deer -- in
your cries for freedom for Leonard Peltier.

==============================
How You Can Help
==============================

Four years ago, on January 20, 2001, then President Bill Clinton left
office without either approving or denying a grant of Executive Clemency
to Leonard Peltier. The legal team's petition for clemency is still
pending:

 http://www.peltiersupport.org/Welcome/Clemency.html.

Please also remember that February 6th marks the 29th anniversary of
Leonard's arrest in Canada. He has waited nearly 3 decades for justice.
It is incumbent on us to see that Leonard knows freedom once again.

There are many ways by which Peltier supporters can assist the legal team.
Visit  http://www.peltiersupport.org/Welcome/Donate.html to find out how
you can donate not only funds, but your time & energy to the struggle.

============================================================
============================================================

The "PeltierSupport" Mailing List is a service of the Peltier Legal Team.
To subscribe, visit the Peltier Legal Team's Web site at
 http://www.peltiersupport.org < http://www.peltiersupport.org/>. Scroll
to the bottom of the home page, enter your
name & e-mail address in the mailing list text box, & click on
"Subscribe" & then "GO".

add a comment on this article