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Press Releases and Updates concerning Leonard Peltier
HELP US TO SECURE JUSTICE FOR AN INNOCENT MAN.

Did You Know...

3/13/97

Did You Know...
By Michael Eckhardt

The case of Leonard Peltier has been marred by incredible conflicts of interest from the earliest of times. As we all know, Leonard Peltier's codefendants were acquitted on the basis of self-defense. Most people know that the trial judge, Edward McManus, whom had just presided over the acquittals of Robideau and Butler in 1976, was to preside over the subsequent trial of Leonard peltier. During the false extradition of Peltier from Canada and just prior to the Peltier trial, Judge McManus was dismissed without explanation and Judge Paul Benson (known for Indian convictions) was appointed to try Leonard. Most people do not realize the dismissal of Judge McManus and the appointment of Judge Benson was orchestrated by Judge Gibson of the Eighth Circuit Court of Appeals. Therein would lie an enormous conflict of interest as Judge Gibson would later, after the manufactured conviction, be a seated member of the US Appeals Court bench that would deliberate Leonard's first appeal. There are only three judges on each criminal case before the appellate court. Just the possibility of adverse influence clearly demonstrates one aspect of unfair prolonged legal impropriety applies to Leonard and reflects basic inherent civil rights denied.

Leonard's second appeal reveals an even more incredible conflict of interest. Newly elected President Jimmy carter, through Attorney General Griffin Bell, removed Eighth Circuit Court of Appeals Judge William Webster from the bench. Judge Webster was directly appointed to become the Director of the FBI. Unknown to many, Judge Webster (again, 1/3 of the appellate bench) and the Eighth Circuit were in the midst of deliberation of the Peltier case. He was removed from the appeal to head the FBI. This appointment, despite an incredible conflict of interest, went smoothly, unabated, and unchallenged, while severely tainting Leonard's second appeal.

Dismissals, reassignments, and reappointments have occurred and continue in the course of the legal proceedings in the Leonard peltier case. The most recent example involves the second parole request in the interim hearing which occurred on December 11, 1995. Veteran parole hearing examiner, Sam Robertson, presided over the interim hearing. He submitted his findings, which suggested the pre-sentencing details surrounding the initial US Parole Board decision were inaccurate. Among his conclusions was the revelation of the government's distinct lack of proof that Leonard fired killing shots. In addition, he suggested in view of inaccurate, alleged prior convictions (in fact, there were none), that these areas should be revisited. He felt this constituted significant new information for consideration within the last two years. He also referred specifically to the false extradition from Canada. The Parole Board Commission struggled with the examiner's recommendations in the case and finally put forward a tardy and belated decision.

On March 19, 1996, the US Parole Commission denied parole to Leonard Peltier and reinstated a 15 year waiting period retroactive to the initial parole hearing in 1993. Amidst the explanation of the decision, the Parole Commission stated that Parole Examiner Robertson had gone beyond the scope of an interim hearing and had, in fact, overstepped his bounds in the process. The Leonard peltier Defense Committee attempted to contact Robertson just prior to the time the decision was rendered. We were informed that Mr. Robertson, an experienced examiner and long time Parole Board employee, had been reassigned elsewhere in the prison system. The US Parole Commission's official explanation for this reassignment was the downsizing and consolidating of the whole department into the Chevy Chase, maryland location and the possible dissolving of the Commission entirely. This horrendous decision was upheld on 7/12/96 by the National Appeals Board. Illuminated by trial judge dismissals and appellate court judge reassignments of the past, it seems that anyone who gets a little too close to the truth is subject to a new assignment, or no assignment at all. In the meantime, Leonard remains locked up tight. His long overdue freedom waits. How long will this be?

Did you know that your voice is desperately needed now? Demand Leonard's freedom directly from President Clinton through executive clemency. Let the President know that you are aware that the Department of Justice is inexcusable late with a recommendation on the matter of clemency. Let him know we demand the process move along and a decision be made. Free Leonard Peltier now!

To keep better informed on this case and other important issues regarding Native rights, prison reform, indigenous events, and political prisoners, Subscribe to the LPDC newsletter by sending $12.00 for a one year subscription (6 issues) to: LPDC, Box 583, Lawrence, KS 66044.

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