An innocent man, Leonard Peltier was wrongfully convicted in
1977 and has served over 30 years in federal prison despite proof that he was
convicted on the basis of fabricated and suppressed evidence, as well as
coerced testimony. This is not just whimsy on the part of Peltier
supporters, as some claim.� These are
facts acknowledged by the courts and even our politicians... and, yet, all have
refused to take corrective action.
On June 23, 1995, Amnesty International submitted a letter
of concern about the Peltier case to then Attorney General Janet Reno.� The world renowned human rights organization
sought but failed to obtain an Executive Review of the case.
On August 21, 2009, upon hearing the news that Leonard
Peltier had again been denied parole, we renewed the call for an Executive
Review of the Peltier case by the U.S. Department of Justice.� We want justice... EQUAL justice... and we
want it now.
This past April 2009, U.S. Attorney General Eric Holder announced
that he had ordered the dismissal of the indictment against former Senator Ted
Stevens on corruption charges. Stevens had been tried and found guilty, but
hadn't been sentenced; Holder's action effectively vacated Stevens' conviction.
Holder was reportedly very angry that the prosecutors had withheld potentially
exculpatory evidence from Stevens' attorneys. After the prosecutors had been
held in contempt of court for failing to turn over required documents, Holder
replaced the entire trial team. Soon afterward, the Justice Department
discovered a previously undocumented interview with the prosecution's star
witness. In the interview, the witness gave statements that directly
contradicted his testimony at trial.
This statement made by Stevens' attorneys is reminiscent of
the Peltier case.
"This jury verdict was obtained unlawfully. The
government disregarded the Constitution, the Federal Rules of Criminal
Procedure, and well-established case law ... which require the government to
reveal to the defense all evidence that demonstrates the innocence of the
accused...The misconduct of government prosecutors, and one or more FBI agents,
was stunning.� Not only did the
government fail to disclose evidence of innocence, but instead intentionally
hid that evidence and created false evidence that they provided to the
defense."
What’s the saying?� If
it’s true, you’re not paranoid.� And what
is the truth? If it happened to Leonard Peltier, it can happen to anyone... even a
U.S. Senator.
By nearly all accounts, Holder wanted to send a message that
he would not tolerate any behavior he deemed to be prosecutorial misconduct.
The following interview confirms those accounts.� (We recommend that you watch this video in
its entirety.)
Caption:� On April 8,
2009, Attorney General Eric Holder sat down with Katie Couric (CBS) to discuss
the direction he wants to take the DOJ. (Note:� Holder, as he states in this interview, admires former Attorney General
Elliot Richardson (deceased) and here’s why.� In October 1973, after just five months as Attorney General, Elliot
Richardson resigned rather than disobey President Nixon's order to fire the top
lawyer investigating the Watergate scandal, Special Prosecutor Archibald Cox. Richardson had promised
Congress he would not interfere with the Special Prosecutor.)
Call to Action
Join with us in calling for an Executive Review of the
Peltier case.
Write to the Attorney General and demand an Executive Review
of the Peltier case because—how did he put it—oh, yes, because it is “the RIGHT
thing to do”.
950 Pennsylvania
Avenue, NW
Washington, DC 20530-0001
Dear Attorney General Sessions:
Thank you for taking the necessary steps to investigate and
vacate the conviction of Senator Ted Stevens because of misconduct by federal
prosecutors. We the undersigned, in the interest of EQUAL justice, now ask that
you undertake an Executive Review of COINTELPRO-era politically motivated
cases, starting with the case of Leonard Peltier.
In 1975, the Select Committee to Study Governmental
Operations with Respect to Intelligence Activities (also known as the Church
Committee) investigated the counterintelligence activities of the Federal
Bureau of Investigation (FBI) over a 25-year period. With regard to its COunter
INTELligence PROgram, or COINTELPRO, operations, the Church Committee found the
Bureau responsible for: violating and ignoring the law; exceeding its powers
with regard to domestic intelligence activity; using excessively intrusive
techniques against United States citizens; using covert action to disrupt and
discredit domestic groups; abusing intelligence information for political
purposes; and having inadequate controls, as well as no accountability. As you
know, COINTELPRO was centrally directed and targeted a range of political
dissidents and organizations. The stated goals of COINTELPRO were to
"expose, disrupt, misdirect, discredit, or otherwise neutralize"
those persons or organizations that the FBI found objectionable, i.e., a threat
to the status quo.� The Rev. Martin
Luther King, Jr., was one of the most notable of these COINTELPRO targets.
During the 1970s, the American Indian Movement (AIM) also
was a target of the FBI.� AIM activist
Leonard Peltier was wrongfully convicted in 1977 in connection with the
shooting deaths of two FBI agents and has served over 30 years in federal
prison despite proof that he was convicted on the basis of fabricated and
suppressed evidence, as well as coerced testimony.�
The United States Courts of Appeal have repeatedly
acknowledged investigative and prosecutorial misconduct in this case—evident from
the time of Peltier's extradition from Canada to his trial and subsequent
sentencing.�
Peltier also has been denied fair consideration for parole
by unscrupulous, untruthful, and overzealous prosecutors who know parole
authorities do not consult the court record and will therefore take on faith
any false statements the prosecutors care to make.�
On June 23, 1995, Amnesty International submitted a letter
of concern about the Peltier case to then Attorney General Janet Reno.� The world renowned human rights organization
sought but failed to obtain an Executive Review of the case.
We agree with senior deputy director of Amnesty
International-USA Curt Goering who, after the U.S. Parole Commission denied
Peltier parole in August 2009, stated: “Given that the case against Peltier
unraveled years ago, his continued imprisonment is only protracting a grave
miscarriage of justice... When you consider the concerns that plague the
case... it is unconscionable that Leonard Peltier should continue to suffer
behind bars. It is high time for the U.S. government to... right the
wrongs of the past.”
We call on you, Mr. Holder, to conduct an Executive Review
of the Peltier case without delay, one that addresses:
FBI
agents' use of improper techniques or coercive tactics, as well as
fabricated evidence;
FBI
laboratory personnel's use of poor scientific techniques, mishandling of
evidence, provision of skewed or completely false testimony to support
prosecution claims, or providing fabricated evidence; and
prosecutorial
misconduct such as courtroom misconduct; mishandling of physical evidence
(hiding, destroying, and/or tampering with evidence, case files or court
records); failing to disclose exculpatory evidence; threatening,
badgering, and/or tampering with witnesses; and using false or misleading
evidence.
This review also should include examination of
post-conviction actions on the part of FBI officials and agents, as well as prosecutors,
to prevent fair consideration of Peltier's applications for parole and
Executive Clemency.
It is long past time to rectify an immense and evident injustice.
The politically-motivated prosecution of Leonard Peltier is an abuse of power
at least as troubling as that in Senator Stevens' case.
Conduct an Executive Review of the Peltier case now.� Only through such honorable action, which is
wholly in your power, can we be sure that justice will, at last, be done.
Copyright 2003-2015 International Leonard Peltier Defense Committee