Press Release
July 25, 1991
The official order staying Leonard Peltier's hearing was handed down
by Magistrate Karen Klein, on July 24, and is based on the government's
motion to dismiss 2 of the 3 issues raised in the Writ of Habeas
Corpus and limit the evidence that could be presented at the hearing.
The two issues are: manipulation of the jury through fear and
intimidation and government misconduct.
The government refers to a recent Supreme Court case (McClesky v.
Zant) and argues that any issue which could have been raised in an
earlier writ, but was not, can not be raised in a later writ.
Magistrate Klein in an order dated 7-24-91, agreed and is recommending
that the issues of manipulation and government misconduct be
dismissed.
Peltier's attorneys now have ten days to submit objections before the
final recommendation is made to Judge Paul Benson. No hearing date
will be set until Judge Benson hands down a ruling on these issues and
Peltier's attorneys have made an effort to appeal Benson's long
stringof biased rulings and opinions.
Magistrate Karen Klein issued an order to hold the hearing in Fargo
onthe 24th of May, 1991. The government's motion to dismiss was
filed on June 18, 1991. We feel that the motion to dismiss should
have properly been dealt with at the time of its filing. The obvious
reason for the cancellation of the hearing 3 working days before it
was to commence leads us to believe that the postponement is another
attempt by the government to diffuse the interest that the media is
now giving this case and to disrupt the national and international
support that has been built around the case, and most significantly,
to prevent the presentation of evidence of government misconduct of a
most outrageous and criminal nature.
This last minute change by the court comes as no surprise to us
because the history of this case clearly demonstrates the acts of
disruption and manipulation by the U.S. government. We feel that
this delay by the court is an attempt to difuse the national and
international support that was to attend this hearing. But I have
personally spoken to many of the supporters and to the media, and
theyhave expressed their renewed commitments to attend the hearing at
its new date; despite the inconvenience that their plans have to be
cancelled and rearranged at great expense. Senator Daniel Inouye,
upon hearing of the postponement, has committed his presence to the
rescheduled hearing.
******** End of Press Release ************
Fox 33 recently did a two part segment on Peltier's case and had
planned to attend the hearing.
USA published a somewhat unfavorable article on July 25.
CNN is to have a segment devoted to Peltier on Friday the 26th.
Time magizine will have an article on Peltier in the issue due to
hit the stands on Monday the 29th of July.
60 Minutes will do a show on Peltier this fall and had planned to
attend the hearing.
David Hill, national coordinator for the Defense Committee is still
planning to ride through Fargo on horseback on the 29th in solidarity
with Peltier.
U.S. Senior Circuit Judge Gerald Heney has given his support to
Sen. Inouye's efforts to obtain a Presidential pardon for Peltier.
Write Sen. Inouye and tell him that his request that Pres. Bush
review the Peltier case and pardon him has your support: Senator
Daniel K. Inouye, U.S. Senate, Select Committee on Indian Affairs,
Washington, D.C. 20510-6450.
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-- Claudia Slate via oneb.wimsey.bc.ca!onebdos Claudia.Slate@f3102.n124.z1.imex.org