.... JULY 11, 1993 ....
UNACCEPTABLE OUTRAGEOUS INJUSTICE !!!
EIGHTH CIRCUIT COURT OF APPEALS DENIES LEONARD PELTIER
AN APPEAL OF HIS CONVICTION AND DISMISSES THE OBJECTIONS
BY 55 CANADIAN PARLIAMENTARIANS OF A U.S.-CREATED FRAUD
AGAINST CANADA
On July 7, 1993, the Eighth Circuit Court of Appeals denied Leonard
Peltier for the third time an appeal of his conviction; his right to a new and
fair trial and to present any evidence in his defense, particularly the
misconduct and abuses by U.S. government authorities and the F.B.I. In
their 32-page judgement, three circuit judges have made no attempt to fairly
assess the facts; using bizarre reasoning to achieve the goal of perpetuating a
cover-up of government wrongdoing and keeping Leonard behind bars as a
scapegoat for the deaths of two F.B.I. agents.
We are outraged that the concerns and objections of millions of
Canadian people as represented by 55 members of Canada's Parliament who
officially intervened and gave oral testimony on Nov. 9,1992, was dismissed
without examination or regard of the evidence of undisputed fraud that
resulted in Leonard's falsified extradition and the violation in
the standard of trust and behaviour agreed upon by countries.
U.S. prosecutor Lynn Crooks has admitted the government has no direct
evidence that Leonard shot the agents even though he remains 17 1/2 years
in prison convicted for murder. The court then contended he was tried and
convicted on "alternating theories" of both first-degree murder and aiding
and abetting, but never received a trial for aiding and abetting. He was never
allowed to present a defense with all the evidence at hand.
We ask: Where is the justice when the rule of law can be interpreted to
serve the interests of the courts and that of governments? A fair trial could
have brought forward the evidence and eyewitness accounts of the FBI's
campaign of death and destruction against the traditional Indian peoples and
members of the American Indian Movement that took place during the early
to mid 1970s, and in particular in South Dakota when these people took a
strong stand to expose the injustices and defend their ancestral land
and nationhood rights. It would also have heard evidence of the extreme
tactics used by U.S. authorities to intimidate and incite fear amongst the
jurors against Leonard and all Indian people at his 1977 trial. Fate was
kinder to two co-defendants, Bob Robideau and Darrell Butler, who were
also charged with the agents' murder on the exact charges and
circumstances Leonard's conviction was based on, but were acquitted in 1976
on the grounds of self defense by an unbiased jury because they were allowed
to present a complete understanding of the circumstances surrounding the
June 26, 1975 firefight.
It was very very clear that due to violent conditions on the reservation,
any one in the same circumstances would have had the right to defend
themselves against the government-sanctioned abuses that assaulted and
wounded hundreds of people and took the lives of more than 60 Indian
people whose murders remain uninvestigated today.
This judgement now proves what we have always known: that the system
of "justice" is corrupt, self-serving and at any time can be used as a tool to
silence any type of political dissent which governments oppose. Where is the
justice when thousands of pages of classified documents critical to this case
continues to be withheld for national security reasons in both Canada and
the United States denying people the right to know the truth? We are
reminded that on the day of the firefight, the corrupt tribal chairman
of the reservation was signing away thousands of acres of reservation land to
the U.S. government which, in turn gave mining, oil and uranium
corporations the go-ahead to exploit the land for its billions of dollars worth
of resources. It is no wonder that the government opposed and continues to
oppose the stand that Leonard and other people took in defense of the rights
of North American Indian peoples to their lands and way of life as it was
handed down to all Indian people through the generations along with their
original instructions of conduct in respect of the Earth and all Creation.
For all peoples of the world; of all colours and races, who have taken the
struggle or Leonard Peltier's freedom to heart and to conscience, we, as
millions of people around the world must and will continue to demand
freedom for Leonard Peltier. We must redouble our efforts and through
letter-writing; petitions and other campaigns, continue to pressure the Clinton
administration to review Leonard's case through executive clemency as well
as appoint an independent investigation into all of the facts, including the
massive government cover-up that involves the collaboration of both
Canada and the United States.
INTERNATIONAL LOBBY
On July 4, 1993, Frank Dreaver, national representative of the LPDC,
along with Brian Wright-McLeod, a native artist and Toronto radio
broadcaster, returned from a well organized, 14-day tour of central and south
Italy, where a highly publicized and strong political platform was
consolidated with pledges for a direct appeal to the U.S. president and
Canadian prime minister and justice minister taken by the national human
rights commission of Italy; the federal Green Party; from such dignitaries as
the Bishop of Terni; the Mayors of Rome, Florence and Terni; the president
of Rome province; national representatives of Amnesty International- Italy;
as well as numerous federal politicans of Italy's House of Parliament. To
date, 18 Senators and 67 Deputies of Italy's federal parliament have signed
statements which have been forwarded to both U.S. and Canadian
governments.
The tour is one aspect of international lobbying the Canadian defense
committee has been involved in since the case of extradition fraud was
presented to the Supreme Court of Canada in 1989, which recommended
redress of the injustice from the federal government. In October, 1992, the
international offices of Amnesty International released an urgent bulletin to
members worldwide with instructions to begin a massive letter-writing
campaign for a new and fair trial for Leonard. In Canada, the Peltier
injustice has received the official support from the NDP federal party and its
caucas; 55 Members of Parliament (who filed the "Amicus Brief" to the U.S.
appeals court); the Canadian Labour Congress and its affiliate unions across
the country, including the Canadian Auto Workers, and many others.
In a recent letter to Liberal MP Warren Allmand, Canadian Justice
Minister Pierre Blais stated that he would wait for the decision of the Eighth
Circuit Court of Appeals before agreeing to a meeting between representative
MPs for the Amicus group to re-examine the Canadian government's position
of the case.
LETTER-WRITING CAMPAIGN
We ask all people to write to Pierre Blais, urging him to examine the
case with MPs and to initiate steps for justice by recommending to the U.S.
president for Leonard Peltier's immediate release or his return to Canada for
lawful extradition proceedings.
We also ask that you write to President Clinton urging him to grant clemency
to Leonard Peltier as a gesture of true reconciliation between his government
and all Indian peoples of North America. For a more detailed account of
what to write, including specific recommendations for redress directed at both
Canada and the United States, contact the LPDC-Canada for the updated
letter-writing campaign.
* * * * * * * * * * * * * * *
President Bill Clinton
The White House
1600 Pennsylvania Avenue,
Washington, D.C.
U.S.A. 20500
The Hon. Pierre Blais
Justice Minister of Canada
448 Confederation Bldg.1,
House of Commons,
Ottawa, Ontario Canada
K1A OA6
* * * * * *
FOR MORE INFORMATION, contact LPDC-Canada, 43 Chandler Dr.,
Scarborough, Ontario Canada M1G 1Z1. Or call us at (416) 439-1893
(phone/fax). In the U.S., contact the LPDC, P.O. Box 583, Lawrence, Kansas
U.S.A. 66044; or phone (913) 842-5774; fax (913) 842-5796. We ask all
people to support Leonard and share that commitment of solidarity by writing
to him: Leonard Peltier, POW 89637-132, Leavenworth Institution, Box 1000,
Leavenworth, Kansas U.S.A. 66048.