The ongoing saga of Leonard Peltier, a prominent figure in the American Indian Movement (AIM), continues with the recent denial of his parole application. This decision, announced by U.S. Attorney Drew Wrigley, means that Peltier, now in his late seventies, will not be considered for release until his next scheduled hearing in 2024. The case, steeped in controversy and raising profound questions about justice and due process, has drawn international attention and advocacy from human rights organizations like Amnesty International.
The denial of parole has reignited the debate surrounding the 1977 conviction of Leonard Peltier for the murders of two FBI agents, Jack Coler and Ronald Williams, during a violent confrontation on the Pine Ridge Indian Reservation in South Dakota on June 26, 1975. This incident occurred against a backdrop of escalating tensions between AIM members and the FBI, fueled by allegations of governmental neglect and violence against Native Americans on the reservation.
The Confrontation at Pine Ridge
The events leading up to the fatal shootout are complex and contested. The Pine Ridge Indian Reservation in the mid-1970s was a volatile environment. Deep divisions existed within the tribal community, with traditionalist factions opposing the tribal government, which was perceived by some as being controlled by outside interests. AIM, dedicated to advocating for the rights of Native Americans, became involved in the reservation, offering support to those traditionalist groups.
Prior to the June 26th incident, the reservation had experienced a period of intense violence. Allegedly, over 60 Native Americans had been killed in the two years leading up to the confrontation, with no one ever brought to justice for these crimes. AIM members, who had come to the reservation to assist traditionalists, reported receiving threats. This atmosphere of fear and intimidation contributed to a climate of distrust and hostility between AIM and law enforcement.
On the day of the shootout, FBI agents Coler and Williams entered the reservation with an arrest warrant for four individuals. They began following a van, which triggered a chain of events that escalated into a deadly firefight. During the exchange of gunfire, both agents sustained multiple gunshot wounds. The prosecution argued that after being initially wounded, the agents were deliberately executed at close range.
The Trial and Conviction
The trials and legal proceedings that followed were fraught with controversy. Two other AIM leaders, Darelle Butler and Robert Robideau, were initially charged with the murders of Coler and Williams. They were tried separately, and the prosecution failed to present conclusive evidence linking them directly to the alleged point-blank executions. The jury acquitted both men, accepting the defense’s argument that they may have acted in self-defense given the violent atmosphere on the reservation.
Following the acquittal of Butler and Robideau, the FBI intensified its pursuit of Leonard Peltier, who had fled to Canada. His extradition from Canada in 1976 became a major point of contention. The prosecution’s case relied heavily on the testimony of Myrtle Poor Bear, an alleged eyewitness who claimed to have seen Peltier shoot the agents. However, Poor Bear later recanted her testimony, stating that she had been coerced by the FBI to fabricate her account. Despite her retraction, the trial judge refused to allow her to testify as a defense witness.
At Peltier’s trial, the prosecution asserted that the rifle used to kill the agents belonged to him. However, post-trial investigations revealed a telex message suggesting that the rifle in question had a different firing pin than the one used in the killings. This evidence was raised on appeal, leading to an evidentiary hearing where the government disputed the significance of the telex.
The prosecution also argued on appeal that even if Peltier had not been the actual shooter, sufficient evidence existed to prove that he "aided and abetted" the killings. Ultimately, Leonard Peltier was convicted and sentenced to two consecutive life sentences.
Concerns About Fairness
Amnesty International, among other human rights organizations, has consistently expressed serious concerns about the fairness of Peltier’s trial and conviction. These concerns center on several key issues:
- Coerced Testimony: The use of Myrtle Poor Bear’s retracted testimony to secure Peltier’s extradition from Canada remains a significant point of contention. The fact that the FBI knew her testimony was false raises serious questions about the integrity of the investigation and prosecution.
- Withheld Evidence: The defense team argued that the prosecution withheld potentially crucial evidence, including ballistics information, that could have supported Peltier’s defense. The telex message regarding the firing pin discrepancy is a prime example of this alleged suppression of evidence.
- Atmosphere of Prejudice: The trial took place in a climate of intense prejudice against AIM and Native Americans. This atmosphere may have influenced the jury’s perception of the evidence and the credibility of witnesses.
Amnesty International has acknowledged the gravity of the crime for which Leonard Peltier was convicted. However, after extensive examination of the case, the organization remains deeply concerned about the fairness of the process that led to his conviction.
The Parole Hearing and its Aftermath
The recent parole hearing, the first full hearing in the case since 1993, took place on July 28th. Peltier and his lawyer argued for his release based on his exemplary conduct in prison and plans for him to reside with the Turtle Mountain tribe upon his release. However, the Parole Commission ultimately denied his application.
The denial of parole means that Peltier will remain incarcerated for the foreseeable future. The decision has been met with disappointment and outrage by his supporters, who continue to advocate for his release on humanitarian grounds and due to concerns about the fairness of his conviction.
Angela Wright, US Researcher at Amnesty International, expressed the organization’s regret at the Parole Commission’s decision. She stated that "the interest of justice would be best served by granting Leonard Peltier parole." Given the concerns surrounding his conviction, the exhaustion of appeals, and the fact that he has spent over 32 years in prison at the time of the original article, Amnesty International urged the Parole Commission to reconsider its decision.
A Symbol of Native American Struggle
Leonard Peltier has become a symbol of Native American struggle against injustice and oppression. His case has resonated with many who believe that he was wrongly convicted and that his continued imprisonment represents a miscarriage of justice. His supporters argue that his case highlights the historical mistreatment of Native Americans by the U.S. government and the ongoing challenges they face in seeking justice and equality.
The denial of parole ensures that the debate surrounding the Leonard Peltier case will continue. His supporters are likely to continue their advocacy efforts, seeking to raise awareness of his case and to pressure the U.S. government to grant him clemency or a new trial. The case serves as a reminder of the complex and often fraught relationship between Native Americans and the U.S. legal system, and the enduring struggle for justice and recognition.