On March 19, 1991, Leonard's motion asking that Judge
Benson remove himself from further proceedings of his case
was denied. In denying the motion, Judge Benson assigned a
Magistrate in Fargo, North Dakota to review the issues that
Leonard raises in the Writ of Habeas Corpus. Why Benson
assigned a Magistrate to review the Writ of Habeas Corpus
is anyone's guess. But, in Leonard's motion to recuse
Judge Benson it was brought to the courts attention that
Benson would be one of Leonard's primary witnesses.
Even though it has been well established through FBI
documents received through the Freedom of Information Act
that the FBI implemented a plan designed and intended to
convince Judge Benson that his safety and the security of
his courtroom were in danger, calling Judge Benson and
other witnesses is important to show how he and others were
effected and how it effected the out come of Leonard's trial
in 1976. It is clear through FBI documents that Judge
Benson was an active participant in meetings with the FBI
regarding these "security" precautions. By being a part of
these meetings Judge Benson violated his oath of being fair
and impartial. There is a reawakening happening in this
country about Leonard's struggle for justice, and we view
this hearing as having real potential for his freedom.
In Peter Matthiessen's book, In The Spirit Of Crazy Horse,
it is revealed that another individual shot and killed the
agents in self defense, not Peltier. As Mr. X states, "I
think of myself as a good person and I don't feel guilty. I
fired because I couldn't afford to wait for a second shot
from either of them (FBI agents Coller & Williams). If our
positions had been reversed, he would have shot me, I know
that much... In the 13 years he (Leonard) has been in prison
for something he didn't do, Leonard has never asked or hinted
that I should come forward."
But one of the most rewarding turn of events occurred
when Senior U.S. Circuit Judge Heaney from the 8th Circuit
Court of Appeals joined Senator Inouyes efforts to approach
President Bush for a pardon for Leonard. We believe that
Judge Gerald Heaney has sent out a clear message in his
letter--Leonard should be free!
In 1990 Judge Heaney appeared on West 57th Street and
said,"It appeared to me that the FBI was equally to blame
for the shootout and that the entire responsibility
can't be placed on Peltier." In April, 1991 Judge Gerald
Heaney wrote a lengthy letter to Senator Inouye expressing
his thoughts and feelings about denying Leonard's appeal in
1985 and why he felt that Leonard's case should not end
there. He stated that the U.S. Government's whole approach
to the problem was a military one,he says, " First, the
United States government overreacted at Wounded Knee. Instead
of carefully considering the legitimate grievances of the
Native Americans, the response was essentially a military one
which culminated in a deadly firefight on June 26,1975
between the Native Americans and the FBI agents and United
States Marshals." Heaney goes on to say, that the FBI conduct
regarding M. Poor Bear was outrageous and that it was time
to change the U.S. Government's policy toward Native
People. That there is a process of healing and respecting
the culture of Native Americans. This is an unprecedented
position by a Senior U.S. circuit Judge, and it certainly
must be viewed as a strong indictment against the acts of
oppression by the U.S. Government and it's police force
the FBI.
We anticipate that Leonard's support will grow to it's
greatest level within the next two years. In this time
period the general public will be seeing two major
documentaries aired in this fall; CBS's 60 Minutes,is
producing a segment for their new season in the fall. NBC's
Expose, is also doing a segment that is due to air in the
fall as well. A feature film currently being produced based
on Peter Matthiessen's book is expected to be finished and
in theatres across the country by 1992.
For information contact the Leonard Peltier Defense
Committee at P.O. Box 583, Lawrence Kansas, 66044, (913)