Peltier Trial Update

American Indian Movement (aimca@igc.apc.org)
Thu, 14 Jan 1993 14:52:00 PST


LEGAL UPDATE: On November 9th, 1992, Leonard's third appeal was heard in St.
Paul, MN before an Eighth Circuit panel of judges. Two issues were argued:
Leonard's right to due process begin violated by the government's change of
theory, and the governmental misconduct in investigating and trying Leonard's
case.

The hearing opened with law professor Dianne Martin presenting an amicus
concerning Leonard's illegal extradition from Canada. The amicus had been
signed by 55 members of the Canadian Parliament. This was the first time
members of Parliament have intervened in a criminal appeal in a US court.

Ramsey Clark then presented Leonard's side in historical terms, citing the
significance of unequal applications of the law over the last 500 years.
Unfortunately, his time was shorter than he had anticipated, as the amicus
argument had gone well over its time limit, and he was forced to fasten
loose ends rather quickly.

Lynn Crooks' argument was much the same as it has been since time began.
Constant citing of the trial transcript was his strategy. He hardly dare
mention the appeals record, where most of what he has to say has been
dismissed. The highlight of his argument was the unexpected and total
admittance that his original statement, "We don't know who killed those
agents" was accurate. An exchange then took place between Crooks and Judge
Daniel Friedman:

CROOKS: "We had numerous shooters. We didn't know who fired which killing
shots."
FRIEDMAN: "What do you mean by KNOW?"
CROOKS: "We lacked an eyewitness."
FRIEDMAN: "That seems to me quite significant."

Ramsey Clark, with less than five minutes left in which to reply, read to the
court Mr. Crooks' closing argument to the jury, clearly outlining the
government's contention that Leonard was the "executioner."

*The court is expected to render a decision by the first week of February.*

To receive IN THE SPIRIT OF CRAZY HORSE, the newsletter of the Leonard Peltier
Defense Committee send 10.00 for one year:

LPDC
P.O. Box 583
Lawrence, Kansas 66044
(913) 842-5796

To write to Leonard send mail to:

Leonard Peltier
89637-132
Box 1000
Leavenworth, KS 66048

** Also write letters in support of Leonard to:

Senator Daniel Inouye, Chair, Select Committee on Indian Affairs, US Senate,
Washington, DC 20510 202-224-3934

Secretary General and Human Rights Commission of United Nations
1st Avenue and 46th Street, NY, NY 10017 212-963-1234