FREE ESSAY ON LEONARD PELTIER CASE

LEONARD PELTIER CASE

One of the modern Native Americansa?? most prominent leaders, Leonard Peltier, was
arrested in the summer of 1975 and eventually sentenced to two life terms for a crime
many believe he did not commit. The conviction and imprisonment of Leonard Peltier is an
injustice. His prosecution by the United States government represents yet another attempt
to snuff out American Indian culture and leaders. The outspokenness of Peltier and other
AIM members may be the only reason why Leonard Peltier has sat in prison for the last 24
years. 
Leonard Peltier is a Native American of mixed blood, being approximately 75 percent Sioux
blood. His early life could be there story of almost any Native American growing up in
the 1960a??s. Born in Grand Forks, ND, he was raised in poverty on a??the res,a?? as
Peltier says in his book, My Life Is My Sundance, a??My Grandfather used to come home
from the store with our rations, and I would always ask him why he couldna??t bring
morea?? (24). Peltier was later removed by the Bureau of Indian Affairs (BIA) to a
boarding school after his grandfather passed away. This unsanctioned removal was
Leonarda??s first taste of the intrusion of the US Government into Native American life.
At the school, the BIA attempted to strip all Indian qualities, including cutting the
boya??s long hair. The school was ruled by a strict superintendent, which meant frequent
and excessive punishments. a??The sound of a child being struck and the screaming and
crying that follows still haunts me today. I cana??t bear to see a child spankeda??
(Peltier, 26). 
A few years later, a teenaged Peltier was allowed to call home and go back living with
his family on the Turtle Ridge Reservation in North Dakota. He soon received his first
taste of racism when a group of white boys began throwing rocks at 
him. As Leonard relates in Peter Matthiessena??s In The Spirit Of Crazy Horse, a??One of
the older ones said, a??Hea??s a dirty Indian,a?? and they started throwing rocks at me.
I tried not to throw any back, but after a while I couldna??t avoid being hit. So I threw
a marble-sized rock and it hit one of the boys and made him bleeda?? (56). This story
would foreshadow Leonarda??s future incarceration. Turtle Ridge was one of three
reservations in the country on which a??the government had decided to test out its new
termination policya?? (Matthiessen, 63). The termination policy attempted to assimilate
and a??de-indianizea?? Native Americans by banning aspects of their culture such as the
Sun Dance, and moderating the supposed self-governing tribal councils. The Indians on the
Turtle Ridge Reservation reacted vocally, resulting in numerous protests and
demonstrations against this revival of enfranchisement by the US Government. When the BIA
finally noticed the demonstrations, social workers were dispatched to see if things were
really as band as the Indians claimed. Leonard, with another young organizer, sprang into
action. a??I ran from house to house, telling the families to hide what food they had.
When I came to the first house, and told them to hide their food, they looked at me and
said a??What fooda??a??(Matthiessen, 64)? The demonstrations, including one about the
lack of food on the reservation, whetted Leonarda??s young appetite for activism on the
reservation. After attending his first Sun Dance, Leonard was arrested for being under
the influence. a??The reservation police knew what was going on, but they wouldna??t come
onto private property. When we came out, they charged us all with being drunk, even
though no one had been drinkinga??(Peltier, 41). His experience with police corruption
later turned Leonard into an outspoken opponent of corrupt police. Often, trucks with
Mexican immigrants would pull up to the reservation looking for workers, 
and Leonard and his father frequently joined them. From this experience, he learned about
the struggles not only in his race, but also how racism, government relocation, and
poverty were affecting all minorities. 
In the next decade, Leonard spent a lot of his time moving around. He first moved to
Seattle in 1965 where he owned a fender and car body parts shop. While in Seattle, he
also established a safe house for battered women, and a counseling program for Native
Americans. He later lived in Wisconsin and Denver as a carpenter and welder, and through
his contacts as a community counselor became involved with the American Indian Movement.

Rex Weyler relates in Blood Of The Land, a??Whatever the American Indian Movementa??s
origins, excesses and mistakes; that warrior spirit had restored identity and pride to
thousands of defeated people and inspired attempts to resurrect the dying languages and
culturea?? (11). Clyde Bellecourt, an Ojibwa Indian, founded the AIM. At the time of his
idea, he was an inmate at Stillwater State Prison in Minnesota. Bellecourt was outraged
that even though Native Americans only comprise 1.3 percent of Minnesotaa??s population,
they are 6 percent of the convict population. a??The problem was not with the Indian
population, but with the judicial system and US government interference.a?? Bellecourt
recruited and united fellow Indians while in jail, and upon his release he formed the
Conservative Indian Movement (which was quickly changed because of its acronym) with
fellow ex-convicts Eddie Benton Banai, George Mitchell and Dennis Banks. The AIM quickly
grew, pressing for equal rights and an end to corruption. Native American arrests in
Minnesota quickly dropped significantly as a result. By 1965 the AIM offered social
services and legal rights programs such as providing lawyers and making sure Indians knew
they did not have to plead guilty if arrested, as many did at that time (Matthiessen,
110). During Peltiera??s involvement as an activist, the AIM gained national recognition
by being funded by the Office of Economic Opportunity (Peltier, 76).
Peltiera??s participation in the AIM lead him to become a visible leader in the 1972
Native American rights campaign, The Trail of Broken Treaties. This movement called on
the US Government for the restoration of treaty making powers to Indian nations, along
with nineteen other grievances. In order to attract attention to their cause, Leonard and
other AIM leaders occupied the Bureau of Indian Affairs building in Washington, D.C
(Peltier, 133). They barricaded themselves in the very building of the program they were
fighting against. After many days of a peaceful occupation of the building, surrounded by
riot squads the AIM leaders finally emerged; having attracted attention, but without
their issues recognized. The Justice Department files would later turn up statements
regarding the occupation such as, a??An Indian behind a bureaucrata??s desk did not look
like a protector of civil rights, he looked like a burglara??(Matthiessen, 143). 
Some of the attention they gathered was from unwanted channels. Following the Trail of
Broken Treaties, the FBI classified the AIM as an extremist organization and placed its
leaders on the list of a??key extremistsa??, along with terrorists and war criminals as
discussed in American Indians and Their Federal Relationship, a packet published by the
US Government. The AIM also began to be investigated by the FBIa??s secret COINTELPRO
section. The COINTELPRO (Counter Intelligence Program) was a frightening program whose
sole purpose was to disrupt civil right organizations, namely the AIM, Black Panthers and
Martin Luther King, Jr. (US Gov., 4). Their documents were recently made public through
the Freedom of Information Act, and show shocking efforts by the US Government to
undermine the AIM. One such document referring to the AIM leaders reads, a??Through
counterintelligence it should be possible to pinpoint potential troublemakers and
neutralize thema??. (Weyler, 68).
Peltier was then attracted to the Pine Ridge Reservation in 1973 by what would later be
called Wounded Knee II. Leaders of the AIM occupied Wounded Knee, seizing among other
things a Catholic Church, in remembrance of the Wounded Knee Massacre of Indian families
and corruption on the Pine Ridge Reservation. Once again the FBI surrounded the
protesting AIM leaders and traditional Indians, and 72 days later the standoff ended
after much media attention. Soon after Wounded Knee II ended, the FBI began large-scale
mobilization in and around the Pine Ridge Reservation (Peltier, 153). Fearing for their
safety, the Oglala Sioux Nation elders asked the AIM to help protect their community. The
AIM obliged, and came to Pine Ridge to protest the actions of Assistant Secretary of
Interior Harrison Loesch, and the corrupt tribal chairman of the Pine Ridge Reservation,
Dick Wilson. Peltier and others were disgusted by the actions of Loesch, who used his
position to withhold any support of the AIM, and also approved numerous gas and oil
leases on Indian lands. As stated in Incident At Oglala, a??State and government
authorities were concerned less with Law and Order than with the obstacle to Black Hills
mining leases that AIM insistence on Indian sovereignty might representa?? Essentially,
Loesch was selling off land to energy companies that didna??t belong to him, something
Native Americans were all too familiar with.
Dick Wilson was largely the reason why the AIM targeted Pine Ridge. The tribal
chairmana??s tactics were the motive behind the AIMa??s occupation of Wounded Knee. The
list of the chairmana??s injustices is long, but included fixing tribal elections
including his race, and hiring a??goon squadsa?? to enforce his power. These FBI-backed
goon squads have been held accountable for 60 murders and over 300 beatings in Pine Ridge
alone, most of whom were AIM supporters (Weyler, 177). When election time would come,
Wilson would coerce voters with the help of his goons. He would contest elections that he
did not win; every time, he managed to stay in power. Coupled with the help of the FBI,
who saw him as anti-AIM and non-threatening, Wilson was able to keep the residents of the
Pine Ridge Reservation under a blanket of fear and helplessness (Matthiessen, 296). This
was the situation at Pine Ridge when elders asked the AIM to come, to support those on
the reservation who were under attack from the FBI and from Dick Wilson. What followed is
still controversial today.
On June 26, 1975, two unmarked cars drove onto Jumping Bull property in the Pine Ridge
Reservation supposedly searching for a young Indian who stole some cowboy boots. They
followed a group of men in a pickup truck, and the men pulled to the side. A gunfight
erupted between the Indians and two FBI agents, and exploded into a firefight between 30
Indian men, women and children and 150 FBI agents, US Marshals and Wilsona??s goons.
Coincidently, the largest buildup of federal 
agents on the reservation occurred six days before the attack. It left two agents: Jack
Coler and Ron Williams, and one Indian male: Joe Stunz, dead. This is where the
controversy begins. To this day, it is unclear which side fired first, though most
witnesses state that the Indians did. The agents were only able to get off a total of
five shots before becoming wounded and disabled. Then, an individual shot the agents at
close range. One of the largest manhunts in FBI history followed within hours, which the
US Commission on Civil Rights deemed a??a full scale vendetta.a?? Paramilitary units
scoured the reservation, ransacking homes and terrifying women and children. There was no
investigation into the death of the Native American.
a??In the narrow vision of the FBI there was no place in the American Dream for these
ungrateful aborigines who dare to state that all national boundaries in the Western
Hemispherea??were entirely meaningless since a??Americansa?? are really Europeans and The
Americas were Indian country from end to end.a?? 
The FBI later arrested four AIM members, Dino Butler, Bob Robideau, James Eagle and
Leonard Peltier. According to James Messerschmidta??s The Trial Of Leonard Peltier, after
posting bail Peltier fled to Canada, believing he would not receive a fair trial. Soon
after, Butler and Robideau were both acquitted on grounds of self-defense. The FBI then
stepped up its pursuit of Leonard, needing someone to convict. Peltier was arrested
within three months in Canada by US authorities. In order to extradite Peltier back to
the US, some evidence and an affidavit was needed. The FBI then proceeded to manufacture
affidavits using the testimony of Myrtle Poor Bear, and American Indian. Poor Bear signed
a statement saying she witnessed Peltier murder the two agents execution-style. Poor
Bear, notably unreliable, later retracted her statement and went as far to say that she
had never even met Peltier (Messerschmidt, 78). With the help of Poor Beara??s testimony
in the affidavit that the US Government now admits was completely a??false and
fabricated,a?? Leonard was brought back to the US to stand trial. Meanwhile, the FBI
dropped all charges against the third man, James Eagle, in order to focus its entire
force on Peltiera??s case.
The trial of Peltier was set to take place in the neutral Cedar Rapids, Iowa in front of
the same judge that had ruled over Butler and Robideaua??s cases. However, the case was
inexplicably moved back to hostile Grand Forks, ND and put under the authority of Judge
Paul Benson, notorious for his anti-Native American stance (Messerschmidt, 113). The
trial began with a series of legal handcuff for Peltier. The judgea??s instructions to
the jurors about their personal safety made it seem as if the AIM had a contract out on
each of their lives, a??This is a very charged case, and I would not be surprised if
outside influences may try to intimidate youa??be carefula?? (Weyler, 131). Also, Judge
Benson disallowed any evidence from the two prior acquittals and refused to hear evidence
for a??self defense,a?? the same plea that the two others were acquitted on. Peltier
obviously was not being given a fair case. The prosecution then went on to show
ballistics evidence in order to prove that Peltiera??s gun killed the agents at close
range. This contention kept Leonard from entering the same self-defense argument that had
allowed the other two to go free. Recently, however, a 1975 telex from an FBI ballistics
expert said that a??based upon the ballistics tests,a?? the rifle alleged to be
Peltiera??s had a??a different firing pina?? from the gun that was used to kill the two
agents at close range (Meserschmidt, 148). Later in an appeals court, an FBI witness
contended that the telex was just a progress report, and that other tests showed
Peltiera??s gun to be a??an exact match.a?? When the defense attempted to call Myrtle
Poor Bear as a witness to show how the FBI had coerced her into signing fake affidavits,
Judge Benson denied the request, stating that a??a??the witness could be highly
prejudiciala?? towards the government (Matthiessen, 296). In sharp contrast to the
previous two trials, Peltier was not allowed to argue in self-defense, because of the
ballistic tests linking him. Without these tests, he would have been able to speak about
the atmosphere of terror surrounding the reservation, as the two acquitted did. Judge
Benson also refused to let the defense call key witnesses in regard to alleged FBI
misconduct, such as intimidating witnesses. At the end, Peltier was unable to
cross-examine prosecution witnesses, present important evidence, or argue for his
self-defense. In the coming months, every key government witness would come forward and
claim to have been coerced or threatened. Leonard Peltier was convicted and sentenced to
more than twice his life in jail. 
In 1986 the Eighth Circuit Court of Appeals found that the prosecution had withheld
evidence favorable to Peltier, but then concluded that this had not affected the verdict,
and upheld the conviction. The judge who ruled on that case however, has expressed much
concern over Peltiera??s battle, a??The FBI used improper methods in Peltiera??s
extradition, and in otherwise trying the case,a?? wrote Judge Gerald Heaney in 
a letter to the Chair of the Senate Committee on Indian Affairs (Peltier, 211). Heaney
has also written a letter to the President on Peltiera??s behalf. 
Very recently, more new evidence supporting Leonard has been discovered. Apparently
during an appeal, Peltiera??s lawyer made a mistake by agreeing on the testimony of
Norman Brown, who had actually recanted his testimony in court and claimed to have been
coerced by the FBI. Also, tapes at the North Dakota attorney Generala??s office proved
that there were other agents stationed in the area on the day of the firefight,
contradicting the governmenta??s testimony. Another document has been located in which
the FBI discussed plans for a??paramilitary law enforcement on Indian landa??
(http://www.freeleonardpeltier.com/page16.html). In a 1985 appeals court, the government
prosecutor Lynn Crooks acknowledges that a??We dona??t know who killed thema??
(http://www.freeleonardpeltier.com/page16.html) and that is why Peltier has been tried
both as murderer and the aider. That is also why so many people are calling for
Leonarda??s freedom.
Five and a half years after Leonard Peltier filed a request for executive clemency, it
still remains unanswered, and untalked about by much of the American public. Right now,
the request for executive clemency is sitting upon President Clintona??s desk, but has
not been touched due to the President-elect confusion, so the next month will be
critical. While in jail, Leonard has gained many educated supporters, ranging from rock
bands to celebrities to Amnesty International. Leonard was declared an official Human
Rights Defender at the Human Rights Defenders Summit in Paris, which commemorated the
50th anniversary of the Universal Declaration of Human Rights. He is also the author of a
few award winning books, 
including one that was used to base the Robert Redford film, Incident at Oglala. To this
day, over 600 pages of documents regarding the case remain classified, for reasons of
National Security. 
All in all, the life of Leonard Peltier is a very intriguing and saddening journey.
Although it can not be said whether or not Peltier committed the crime, it can be
surmised that he was not given a fair trial, and that he and other Native Americans have
suffered through numerous injustices at the hands of the US Government. In the end, will
Leonard Peltier be viewed as an extremist radical, as the government saw him? Or will he
be revered as one of the leaders of The American Indian Movement; an organization which
brought Native Americans of the Midwest back from the brink of poverty and despair, and
instilled in them a sense of pride which had been long lacking? I guess ita??s up to each
person to form his or her own educated opinion, except for Leonard, that is. Freedom.
Yeah, right.
a??I am an Indian who dared to stand up to defend his people.a??
--Leonard Peltier My Life Is My Sundance
Bibliography
References
1. Matthiessen, Peter. In The Spirit Of Crazy Horse. New York; Viking Press,
Copyright 1983. 
2. Peltier, Leonard. Prison Writings: My Life Is My Sundance. New York; St. 
Martina??s Press, Copyright 1999.
3. Weyler, Rex. Blood Of The Land: The Government and Corporationa??s War 
Against The American Indian Movement. New York; Everest House, 
Copyright 1982.
4. Bureau of Indian Affairs. American Indians and Their Federal Relationship To
The United States. Washington, D.C.; United States G.P.O, Copyright 1972.
5. Messerschmidt, James W. The Trial Of Leonard Peltier. Boston; South End Press,
Copyright 1983.
6. The United States, Congress, Senate. Revolutionary activities within the United
States, the American Indian Movement. Washington; U.S. Government Print
Office, Copyright 1976.
7. Frazier, Ian. On the rez. New York; Farrar, Straus, Giroux, copyright 2000.
8. Spanish Fork Motion Picture Company. Incident at Oglala. Van Nuys, CA; LIVE 
Home Video, Copyright 1991.