The Plaintiff
was represented by its attorneys, Messrs. Evan Hultman and Robert L. Sikma,
both of Sioux City, Iowa; and Mr. Lynn E. Crooks, Assistant United States
Attorney, Fargo, North Dakota.
The Defendant
was present in person and was represented by his attorneys, Mr. Elliot A.
Taikeff, New York, New York; and Mr. Bruce Ellison, Rapid City, South
Dakota.
{2}
W h e r e u p
o n, the following proceedings, among others, were had and entered of
record, to-wit:
THE COURT:
C77-3003, United States of America versus Leonard Peltier.
Defendant and
counsel, please come forward.
Mr. Peltier,
do you know of any reason why sentence should not be passed in your case
at this time?
DEFENDANT
PELTIER: No legal reason, no.
THE COURT: Mr.
Taikeff, do you know of any reason why sentence should not be passed in
this case at this time?
MR. TAIKEFF:
No, your Honor, I do not.
THE COURT: Mr.
Peltier, do you desire to make a statement in your own behalf or present
any information to the Court which the Court might consider in mitigation
of punishment in your case?
DEFENDANT
PELTIER: Yes I do.
Judge Benson,
there is no doubt in my mind or my people's you are going to sentence me
to two consecutive life terms. You are and have always been prejudiced
against me and any native Americans who have stood before you. You have
openly favored the Government all through this trial, and you are happy to
do whatever the FBI would want you to do in this case.
I did not
always believe this to be so. When I first {3} saw you in the courtroom in
Sioux Falls, your dignified appearance misled me into thinking that you
were a fair minded person who knew something of the law and who would act
in accordance with the law which meant that you would be impartial and not
favor one side or the other in this lawsuit.
That has not
been the case, and I now firmly believe you will impose consecutive life
terms solely because that's what you think will waive the displeasures of
the FBI. Yet my people nor myself do not know why you would be so
concerned about an organization that has brought so much shame to the
American people, but you are. Your conduct during this trial leaves no
doubt, that you will do the bidding of the FBI without any hesitation.
You are about
to perform an act which will close one more chapter in the history of the
failure of the United States Courts and the failure of the people of the
United States to do justice in the case of a native American. After
centuries of murder, of murder of millions of my people, brothers and
sisters, by the white race of America could I have been wise in thinking
that you would break that tradition and, commit an act of Justice?
Obviously not, because I should have realized that what I detected was
only a very thin layer of dignity and surely of not fine character.
{4}
If you think
my accusations have been harsh and, unfounded, I will explain why I have
reached this conclusion and why I think my criticism has not been harsh
enough.
First, each
time my defense team tried to expose FBI misconduct in their investigation
of this lawsuit and tried to prevent evidence of this, you claimed it was
irrelevant to this trial, but the prosecution was allowed to present their
case with evidence that was in no way relevant to this lawsuit.
For an
example, an automobile blown up on a freeway in Wichita, Kansas; an
attempted murder in Milwaukee, Wisconsin, which I have not been found
guilty or innocent of; a van loaded with legally sold firearms; and a
policeman who claimed someone fired at him in Oregon state.
The Supreme
Court of the United States tried to prevent convictions of this sort by
passing into law that only past convictions may be presented as evidence
if it is not prejudicial to the lawsuit and only evidence of the said case
may be used.
This Court was
very wrong. I have no prior convictions nor am I even charged with some of
these alleged, crimes. Therefore, they cannot be used as evidence in order
to receive a conviction in this farce called a trial.
This is why I
strongly believe you will impose two {5} life terms running consecutive on
me.
Second, you
could not make a reasonable decision about my sentence because you suffer
from at least one of three defects that prevent a rational conclusion. You
plainly demonstrated this in your decision about the Jimmy Eagle, and
Myrtle Poorbear aspects of this case.
In Jimmy's
case, for some unfounded reason that only a Judge who constantly and
openly ignores the law, would call it irrelevant to my trial.
In the mental
torture of Myrtle Poorbear you said the testimony would shock the
conscience of the jury and the American people if believed, but you
decided what was to be believed and what was not to be believed, not the
jury.
Your conduct
shocks the conscience of what the American legal system stands for -- the
search for the truth by a jury of citizens. What was it that made you
afraid to let that testimony in -- your own guilt of being part of a
corrupted pre-planned trial to get a conviction, no matter how your
reputation would be tarnished?
For these
reasons I strongly believe you will do the the bidding of the FBI and give
me two consecutive life terms.
Third, in my
opinion anyone who failed to see the relationship between the undisputed
facts of these events surrounding the investigation used by the FBI in
their {6} interrogation of the Navajo youths -- Wilfred Draper who was
tied to a chair for three hours and denied access to his attorney or the
outright threats to Norman Brown's life, the bodily harm threatened to
Mike Anderson, and finally the murder of Anna Mae Aquash -- must be blind,
stupid or without human feeling, so there is no doubt or little chance
that you have the ability to avoid doing today what the FBI wants you to
do which is to sentence me to two life terms running consecutively.
Fourth, you do
not have the ability to see that the conviction of an AIM activist helps
to cover up what the Government's own evidence showed, that large numbers
of Indian people engaged in that fire fight on June 26th, 1975. You do not
have the ability to see that the Government must suppress the fact that
there is a growing anger amongst Indian people and that native Americans
will resist any further encroachment by the military forces of the
capitalist Americans which is evidenced by the large number of Pine Ridge
residents who took up arms on June 26th, 1975, to defend themselves.
Therefore, you
do not have the ability to carry out your responsibilities towards me in
an impartial way and will run my two life terms consecutively.
Fifth, I stand
before you as a proud man. I feel no guilt. I have done nothing to feel
guilty about. I have {7} no regrets of being a native American activist.
Thousands of people in the United states, Canada and around the world,
have and will continue to support me to expose the injustice that occurred
in this courtroom.
I do feel pity
for your people that they must live under such a ugly system. Under your
system you are taught greed, racism and corruption, and the most serious
of all, the destruction of our mother earth. Under the native American
system we are taught all people are brothers and sisters, to share the
wealth with the poor and needy; but the most important of all is to
respect and preserve the earth, to me considered to be our mother. We feed
from her breast. Our mother gives us life at birth; and when it is time to
leave this world, she again takes us back into her womb; but the main
thing we are taught is to preserve her for our children and grandchildren
because they are next who will live upon her.
No, I am not
the guilty one here and should be called a criminal. The white race of
America is the criminal for the destruction of our lands and my people. To
hide your guilt from the decent human beings in America and around the
world, you will sentence me to two consecutive life terms without any
hesitation.
Sixth, there
are less than four hundred Federal Judge for a population of over two
hundred million Americans. {8} Therefore, you have a very powerful and
important responsibility which should be carried out impartially, but you
never have been impartial where I was concerned. You have the
responsibility of protecting constitutional rights and laws; but where I
was concerned you neglected to even consider my or native American's
constitutional rights; but the most important of all you have neglected
our human rights. If you were impartial, you would have had an open mind
on all the factual disputes in this case; but you were unwilling to allow
for even the slightest possibility that a law enforcement officer could
lie on the stand. Then how could you possibly be impartial enough to let
my lawyers prove how important it is to the FBI to convict a native
American activist in this case? You do not have the ability to see that
such a conviction is an important part of the efforts to discredit those
who are trying to alert their brothers and sisters to a new trick from the
white man, an attempt to destroy what little Indian land remains in the
process of extracting our uranium, oil and other minerals.
Again, to
cover up your part in this, you will call me a heartless, cold-blooded
murderer who deserves two life sentences consecutively.
Seven, I
cannot expect a Judge who has openly tolerated the conditions I have been
jailed under to make an {9} impartial decision on whether I should be
sentenced to concurrent or consecutive life terms. You have been made
aware of the following conditions which I had to endure at the Grand Forks
county jail since the time of the verdict.
One, I was
denied access to a phone to call my attorneys concerning my appeal.
Two, I was
locked in solitary confinement without shower facilities, soap, towels,
sheets or pillow.
Three, the
food was uneatable, what little there was.
Four, my
family, brothers, sisters, mother and father who traveled long distance
from the reservation were denied visitations.
No human being
should be subject to such treatment while you parade around and pretend to
be a decent, impartial and law-abiding.
You knowingly
allowed your fascist Chief Deputy Marshal to play storm trooper.
Again, the
only conclusion that comes to my mind is you have, and always knew, you
would sentence me to two consecutive life terms.
Finally, I
honestly believe that you made up your mind long ago that I was guilty and
that you were going to sentence me to the maximum sentence permitted under
the law, but this does not surprise me because you are a high-ranking
member of the white racist American {10} establishment which has
consistently said "In God we trust" while they went about the business of
murdering my people and attempting to destroy our culture. The only thing
I am guilty of and which I was convicted for was of being Chippewa and
sioux blood and for believing our sacred religion.
THE COURT: Mr.
Taikeff, do you have any statement to make in the Defendant's behalf or
any information to present to the Court?
MR. TAIKEFF: I
have nothing to add, your Honor.
THE COURT: Mr.
Peltier, you have seen the pre-sentence report in this case?
DEFENDANT
PELTIER: I have just glanced through it.
THE COURT: Do
you have any comments or questions regarding it?
DEFENDANT
PELTIER: I haven't read it.
MR. TAIKEFF:
Counsel did read it in advance, your Honor --
THE COURT:
(Interrupting) I beg your pardon?
MR. TAIKEFF:
Counsel did read it in advance of showing it to the Defendant. Counsel did
not find anything seriously inaccurate about it.
THE COURT: Mr.
Hultman, does the United states have any recommendations or comments to
offer?
MR. HULTMAN:
May it please the Court, the Statute {11} has provided, for the taking of
a life, the penalty, that that life likewise be taken.
In this
instance, that statute and that law has been under consideration and its
status -- has been in a questionable status for quite some time.
At the outset
of this case, as the record indicates, I personally indicated that -- in
the extradition proceedings that the Government would be bound, that that
particular penalty could not and would not apply; and that is a part of
the record today, of which I know the Court, I am certain, is aware.
That then
means that the penalty which is left in effect is the minimum penalty
under the law; and that is a life sentence which, of course, is a very,
very serious sentence.
In this
instance there was not one life which was taken, but two; and because of
the prosecution that has taken place in the course of this trial, because
that penalty does indicate that a life term is the minimum sentence in the
case of a life being taken, it seems to me, your Honor, that is
appropriate --
DEFENDANT
PELTIER: (Interrupting) Who is going to pay for Anna Mae's death? It sure
stinks. What do you want? Give me your best name. Who is going to pay for
their deaths? You help me --
{12}
MR. CROOKS:
(Interrupting) A lot of people would argue with that.
MR. HULTMAN:
In the course of the taking of this particular life, your Honor, not one
life was taken as far as this particular trial is concerned, but the
taking of two; and it seems to me that in light of that, that consecutive
terms would be appropriate.
THE COURT: Mr.
Peltier, you were convicted as charged --
DEFENDANT
PELTIER: (Interrupting) I was railroaded.
THE COURT:
(Continuing) -- as charged in the indictments of two counts of
premeditated murder. You were convicted and found guilty on each of those
counts. The evidence is clearly sufficient to support the verdict of the
jury.
You profess an
interest and a dedication to the native people of this country, but you
have performed a great disservice to those native people.
VOICE FROM
AUDIENCE: Same to you.
DEFENDANT
PELTIER: What about the Gestapo tactics being used on the Pine Ridge
residents? What do you call that? The cold-blooded murder of Anna Mae
Aquash, what do you call that?
VOICE FROM
AUDIENCE: What about Joe?
DEFENDANT
PELTIER: Are those two just being forgotten {13} about because they are
native people?
THE COURT: On
the verdict of the jury, it is adjudged that the Defendant, Leonard
Peltier, has been convicted of the offense of first degree murder as
charged in Count 1 and Count 2 of the indictment in violation of Title 18,
United states Code, Section 2 -- Section 1111 and Section 1114.
It is further
adjudged that the Defendant be committed to the custody of the Attorney
General of the United States for imprisonment for life on Count 1.
It is further
adjudged that the Defendant, Leonard Peltier, be committed to the custody
of the Attorney General of the United states for imprisonment for life on
Count 2, the sentence on Count 2 to run consecutively to the sentence on
Count 1.
Mr. Hultman,
is there anything more to be presented to the Court?
MR. HULTMAN:
The Government has nothing further, your Honor.
THE COURT: Mr.
Taikeff?
MR. TAIKEFF:
Just one technical matter, your Honor.
The Clerk of
the Court has provided me with a form, apparently supplied originally by
the Court of Appeals for the Eighth circuit, which is basically a notice
of appeal form.
{14}
I have
completed that form and signed it on the assumption that my Court
appointment will continue on into the Eighth circuit, and I lodge that
with the Clerk's office.
It will be
served -- I understand the Clerk makes a copy of it and serves it upon the
Government, and then it will be filed pursuant to my written request ¡ and
I trust that I have, therefore, complied with all of the formalities to
preserve Mr. Peltier's right of appeal.
THE COURT: You
are advised, Mr. Peltier, that you do have the right of appeal; and if you
were financially unable to pay the cost of the appeal, you can make
application for appeal in forma pauperis.
MR. TAIKEFF:
We make that application at this time, your Honor, to continue the finding
of the Court of his status as a person without any financial means.
THE COURT: The
application will be granted.
MR. TAIKEFF:
Thank you, your Honor.
THE COURT: Is
there anything more?
MR. TAIKEFF:
Nothing at this time, your Honor.
THE COURT:
Court is adjourned.
(Whereupon, at
4:23 o'clock, p.m., the hearing in the above-entitled matter was closed.)