Peltier: Collection of letters to Parole Commission

r2jsq@vm1.cc.uakron.edu
29 Jan 1996 07:04:51


Here are several of the letters that I have written to the U.S.
Parole Commission. Feel free to attach your name and address
and
* send or fax them
* e-mail them to me to print and mail

or feel free to take whatever ideas or words you like out of them
to use in your own letters to the Parole Commission or President
supporting Leonard Peltier's release.
-Joe Quickle
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815
FAX: (301) 492-6694

Dear Commissioner,
I am writing to urge you to parole Leonard Peltier as soon
as humanly possible. Never has a case of government misconduct
been so thoroughly documented yet this misconduct at the same
time been so thoroughly ignored. The actions of the government -
the FBI in particular - on Pine Ridge Reservation in the 1972-
1976 period make L.A. Detective Mark Fuhrman look like a boy
scout earning his citizenship badge.
Examples of the government misconduct cited above (but far
from a comprehensive list) include:
* Leonard Peltier was extradited from Canada based on a
perjured affidavit which had been coerced by FBI
agents.
* The judge barred most of the overwhelming amount of
evidence in Peltier's defense.
* The judge allowed FBI agents to perjure themselves by
giving statements that contradicted their own written
reports and their own testimony at the earlier trial of
two other men who were acquitted.
* An FBI agent testified about key ballistics evidence
while his own memos - suppressed until well after
Peltier's conviction - showed his testimony to be
untrue.

Leonard Peltier was sentenced to two consecutive life
sentences, without ever having a fair trial. Despite FBI
documents demonstrating that the original evidence against him
was falsified, he has been denied all appeals. The prosecutor
has admitted in court on several occasions that he does not know
who shot the agents. Yet Leonard Peltier remains in prison.
Leonard Peltier has widespread support from around the
world: over 25 million people have signed petitions for his
release: he has the support of over 50 members of the US
Congress, 50 members of the Canadian Parliament, Amnesty
International, the National Association of Christians and Jews,
Bishop Desmond Tutu, the Archbishop of Canterbury, and Nelson
Mandela. Also, the Canadian Justice Ministry is currently
investigating the circumstances of Peltier's extradition.
I urge and beseech you to immediately remove this blight on
justice in the U.S. by releasing Leonard Peltier.

Thank you for your time. I pray you'll make a choice for justice
rather than support prejudice, racism, and abuse of power.

Sincerely,

-------------------------------
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815
FAX: (301) 492-6694

Dear Commissioner,

We recently began a new year, traditionally a time of
renewal. I urge you to do your part in renewing justice in the
United States by paroling Leonard Peltier.
Mr. Peltier has been wrongfully imprisoned for nearly twenty
years. He is known internationally as an American political
prisoner. The Soviet Union freed Andrei Sakarov years ago; South
Africa freed Nelson Mandela. But Leonard Peltier remains
imprisoned - while there is no legitimate reason for this to be
the case.
If you do not believe that Leonard Peltier should be
immediately freed, then I can say with the utmost confidence that
you simply do not know his case very well. Look into it and make
an informed decision, and you will know that you if you wish to
do what is right for Leonard Peltier, for American society, and
for yourself, you must free Leonard Peltier.

Sincerely,

United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815
FAX: (301) 492-6694

Dear Commissioner,

I start this appeal for Leonard Peltier's parole with a
quote from the late Reverend Doctor Martin Luther King, jr. -
"Injustice anywhere is a threat to justice everywhere." Think
about this for a moment - injustice to even one man is an offense
against us all, a peril to each of us.
Dr. King wrote this truism in a letter from a Birmingham
jail; he was being imprisoned for standing up for his legal,
constitutional, civil rights. Leonard Peltier was also jailed
for standing up for the rights of himself and his people. But
his incarceration was orchestrated in a much more insidious
fashion - he was framed for an act which the preponderance of
evidence shows that he did not commit, and was tried in a manner
that guaranteed his conviction, justice be damned.
I ask you to consider Dr. King's words when you make your
decision to parole Leonard Peltier, and consider who he was,
where he was, and why he was there at the time that he said them.
I urge you to fulfill your legal and moral obligation to free
Leonard Peltier.

Sincerely,

-------------------------------
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815

Dear Commissioner,

Had anyone come to me several years back and told me of a
"government conspiracy" against Leonard Peltier, against the
American Indian Movement, or against civil rights leaders I
surely would have thought that person to be delusional or
suffering from some type of paranoid disorder. I would not have
thought it possible that agencies of our own federal government
would be involved in any such activities outside of the movies.
I wish that were true today and represented the political
reality of this country, but I've seen much too much since then
to harbor or maintain such naivete. There is an overwhelming
amount of evidence that Leonard Peltier did not and could not
have had a fair trial; that the judge, prosecutor, and Federal
Bureau of Investigation acted in collusion to insure his
conviction, often acting well outside of their legal parameters;
that the FBI was involved - as evidenced by its own internal
documents - in a war of repression against individuals and groups
calling out for reform.
I understand reluctance to see any government agencies as
anything other than "the good guys," making anything they
attacked the "bad guys." But - again by its own internal
documents - the "bad guys" that the FBI battled to "neutralize"
included Jane Fonda; Reverend Martin Luther King, jr.; and
student protesters, among a myriad of others. The pursuit of
civil rights should never have made anyone a target of the
government.
But this is precisely what made Mr. Peltier a target of the
FBI, and what directly brought about his conviction. In the
words of Judge Fred Nichol, after presiding over the Wounded Knee
Leadership Trial, "... the FBI [was] determined to get the AIM
movement and completely destroy it" (quoted in NY Times, Sept.
17, 1974).
This injustice cannot be reversed - Mr. Peltier has spent
nearly twenty years of his life in federal prisons. But it must
be addressed an mitigated to the greatest extent it can be - and
this means freeing Mr. Peltier at the earliest possible time. I
urge you to make a move for justice rather than bring the stain
of corruption onto yourself. I beseech you to parole Leonard
Peltier.

Sincerely,

-------------------------------
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815
FAX: (301) 492-6694

Dear Commissioner,

The bulk of this letter comprises only of two quotations
from the Boston College Law Review article "Guilty Until Proven
Innocent: Leonard Peltier and the Sublegal System" (July 1993).
I hope they will provide serious "food for thought" as ponder the
decision to free Leonard Peltier.

Imprisonment, such as in the case of Leonard Pelter,
resulting from perjured or concealed testimony knowingly
used of withheld by state authorities, is inconsistent with
the rudimentary demands of justice and constitutes a
deprivation of rights guaranteed by the federal Constitution
[p. 930].

The extradition, prosecution, and affirmations of conviction
of Leonard Peltier demonstrate not only the fundamental
injustice possible in our legal system, but also the failure
of the Bagley standard to correct those faults. Due to
stringent standards and the ease with which crucial evidence
may be concealed, Leonard Peltier has become one of the
victims of a sublegal system, where citizens are
functionally guilty until proven innocent. A judicial
system that affirms a conviction obtained through the most
questionable of means, while the affirming judge feels
compelled to ask the President of the United States to
pardon the convicted, is a system that has failed in its
quest for justice [p. 934-935].

It is now up to the Parole Commission to mitigate this
failure of the system in its quest for justice. I urge you to
make the only legally, morally, and ethically correct choice in
this matter - side with justice and parole Leonard Peltier.

Sincerely,

-------------------------------
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815

Dear Commissioner,

Leonard Peltier has widespread support from around the
world: over 25 million people have signed petitions for his
release; he has the support of over 50 members of the US
Congress, 50 members of the Canadian Parliament, Amnesty
International, the National Association of Christians and Jews,
Bishop Desmond Tutu, the Archbishop of Canterbury, and Nelson
Mandela; and the Canadian Justice Ministry is currently
investigating the circumstances of Peltier's extradition.

I bring this up to point out that Mr. Peltier's is an
extraordinary case; if justice were being served by Mr. Peltier's
incarceration, it would not be possible for this type of support
for his freedom to have emerged.

I join these millions of people who have called for freedom
for Mr. Peltier by urging you to parole him immediately.

Sincerely,

-------------------------------
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815

Dear Commissioner,

There are perhaps few times in our lives when fate offers us
the chance to be a part of something much bigger than ourselves,
when we have a chance to make a difference in the state of
affairs of our nation or world.

Each member of the Parole Commission is currently facing
such an opportunity, two disparate paths before them, each with
enormous significance. One path leads toward restoration of
justice and represents emergence from a time of darkness and
blight, while the other path leads us back into moral bankruptcy.

These paths to which I am referring are your current
consideration of Mr. Leonard Peltier's parole. You can choose to
free this man and be a part of bringing justice not only to him,
but to all of us. Or you can continue the attack on our freedom
by lending and act of support to the corruption that brought
about Mr. Peltier's outrightly fraudulent conviction.

The choice is, of course, your. I pray that you'll side
with justice, and parole Leonard Peltier as soon as humanly
possible.

Sincerely,

-------------------------------
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815

Dear Commissioner,

The actions on the part of the government that resulted in
Mr. Leonard Peltier's conviction represented a gross dereliction
of those parties' duty to the Constitution, the laws of the
United States of America, and their duty to the people of this
nation.

I urge the members of the Parole Commission not to join in
this dereliction by upholding such deceit. I urge you instead to
parole Leonard Peltier immediately.

Sincerely,

-------------------------------
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815
FAX: (301) 492-6694

Dear Commissioner,

Millions of people have called for Mr. Leonard Peltier's release from
imprisonment. You may ask yourself "Why should Mr. Peltier be freed?" Were
you to ask me, this is how I would answer that question, without
hesitation..

Because he is innocent. The overwhelming evidence of Mr. Peltier's case
shows that he should never have been imprisoned in the first place.

Because this is an extraordinary case. Nearly every inmate claims
innocence, but how many have passed through your office that have had
millions of people petition for their freedom, that have members of the U.S.
Congress and several foreign parliament's calling out for their release.
Mr. Peltier's is an extraordinary case, and warrants extraordinary action.
It warrants his immediate release.

Because people such as Mr. Peltier are needed in our society. He is
engaging in helping people even from the confines of a prison cell.

Because justice should be served. This is fundamental to our nation, and
our world. You would not be taking part in the judicial system without
endorsing a belief in justice.

To reject the corruption that put Mr. Peltier behind bars. If you knowingly
keep an innocent man imprisoned while having the power to release him, you
nourish and become a part of that depravity.

Because it is damaging to you and to us all for this taint on our system and
our world to persevere. In the words of Rev. Martin Luther King, Jr.,
"Injustice anywhere is a threat to justice everywhere." Mr. Peltier's
wrongful imprisonment affects us all, hurts us all.

Because the U.S. holds itself as a world leader for human rights. The
United States of America is not supposed to have political prisoners. But
this is exactly what the facts of Mr. Peltier's situation bear out. It is
hypocritical in the extreme to demand the release of other countries'
political prisoners while holding one's own.

For these reasons, you must parole Mr. Leonard Peltier immediately. I pray
you will do so.

Sincerely,

-------------------------------
Mr. John Simpson
Chair, Eastern Regional Parole Board
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815
FAX: (301) 492-6694

Dear Mr. Simpson,

I'm sure you're very aware of the blizzard that hit the East
Coast recently. Most of the Washington, D.C. area was shut down,
largely because it wasn't prepared to handle such an unusual
event. It lacked procedures to deal with such an extraordinary
situation, but this lack of procedures made the situation no less
real.
This is a very close parallel to a current case you are
reviewing, that of Mr. Leonard Peltier. It, too, is an unusual
and extraordinary situation - a man wrongfully imprisoned for
nearly twenty years, largely as a by-product of extreme
corruption on the part of specific government agencies of the
time; a prisoner whose release is supported by literally tens of
millions of people, including bishops, priests, religious
organizations, members of congress, and several foreign
governments.
There may not be procedures to deal with paroling an
innocent man; parole procedures appear to be set up to deal with
convicted, guilty criminals. Mr. Peltier should never have been
jailed in the first place. But, as was the case with the
blizzard, a lack of procedures makes the situation no less real.

Mr. Simpson, justice must be served; I urge and beseech you
to release Mr. Peltier, to have the strength to bring about a
release that is long-since overdue. Strike a blow for justice
and free Leonard Peltier.

Sincerely,

-------------------------------
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815

Dear Commissioner,
It seems that when making a parole decision, there are three core
criteria for that may be used for judgment:
* Would society be better off with this person behind bars?
* Has the individual been rehabilitated?
* Has the individual paid for the crime?
I will address each of these regarding the case of Mr. Leonard Peltier.

Would society be better off with Leonard Peltier behind bars?
The answer to this is a resounding "NO!". Even while incarcerated Mr.
Peltier has been reaching out to help others. Just this last Christmas he
arranged for nearly fifty children in need to get Christmas gifts and
necessities.
This is typical of the kind of man Mr. Peltier has shown himself to be.
If he can organize such an action from within the constraints of the penal
system, one can only imagine what he might accomplish were he granted the
freedom he has so long deserved.
Our society needs people such as Mr. Peltier working freely in it. I
would consider myself fortunate to have him as my neighbor.

Has Leonard Peltier been rehabilitated?
If this question is meant to assess Mr. Peltier's current state, he has
shown himself to be of the highest character. While he himself has been
denied basic needs and liberties, he has worked for the betterment of others.
He has shown a dedication to his people and to all people that this world
needs more of.
If this is meant to assess whether Mr. Peltier has been "fixed" by
injust incarceration, then I would answer that he was never in need of
rehabilitation to begin with.

Has Leonard Peltier been punished?
Mr. Peltier has indeed paid for a massive crime, but the overwhelming
evidence of his case shows that the crime for which he has been paying for so
long is not his. He has, in effect, been crucified for the sins of the
government.
But still, it is an inescapable conclusion that he has been punished
severely, although undeservedly. Imagine the effect on all of your
professional and personal achievements of the last twenty years had you been
jailed for that lengthy period.

Because Mr. Peltier's freedom would be an asset to society, because he
has clearly proven himself to be a humane and compassionate letter to a
greater extent than most people walking our streets, and because he has
clearly been punished, the path before you is clear. I urge you to take this
path and immediately parole Leonard Peltier.

Sincerely,

-------------------------------
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815

Dear Commissioner,
I don't know you're legal background - mine is limited - but
there is a legal concept called "jus tertii," or the rights of a
third party. I am writing to you as a third party with
compelling interest in the case of Mr. Leonard Peltier.
You see, the terrible blight on our justice system which Mr.
Peltier has been forced to live with affects not only him, but
all those who are informed about his case. The fact that this
could have happened and is being maintained to this day - not in
a foreign country but in the U.S. - creates a climate of fear in
which we all must live.
I believe we all have a right, an implicit civil right, to
expect justice from our court system. Yet this expectation is
not logically plausible as long as so blatant an injustice is
upheld. While this is the case, I am forced to abandon the
assumption that the system is fundamentally sound.

Your obligation to justice should be reason enough alone to
immediately parole Mr. Peltier. But I hope you realize that you
have a further responsibility to the people of the United States
to steer us away from this climate of fear, to demonstrate that
justice, even if long overdue, is still attainable.
I urge you to reject the past corruption of others, to align
yourself with the ideals of the U.S. Constitution. I urge you to
strike a blow for justice by immediately paroling Mr. Leonard
Peltier.

Sincerely,

-------------------------------
United States Parole Commission
5550 Friendship Blvd., Suite 420
Chevy Chase, MD. 20815

Dear Commissioner,
Although the format of the following letter may be unorthodox, it's
message is striking, even for a long-time supporter of Mr. Peltier's such as
myself. Please read the quotations presented below, and consider their
sources.

TOP TEN REASONS LEONARD PELTIER SHOULD BE FREED,
IN THE WORDS OF THE GOVERNMENT...

10. "The United States government must share in the responsibility for the
June 26 firefight... It appeared that the FBI was equally to blame for
the shootout..."
- Gerald Heaney, Senior Judge in the Eighth Circuit Court of Appeals,
in a letter supporting clemency for Leonard Peltier.

9. "We can't prove who shot those agents... Aiding and abetting whoever did
the final shooting. Perhaps aiding and abetting himself. And hopefully
the jury would believe that in effect he had done it all. But aiding
and abetting nevertheless."
-Prosecutor Lynn Crooks in Court of Appeals, October 15, 1985.

8. "But can't you see... that what happened happened in such a way that it
gives some credence to the claim... that the United States is willing to
resort to any tactic in order to bring somebody back to the United
States from Canada. And if they are willing to do that, they must be
willing to fabricate evidence as well."
-Judge Donald Ross, Eighth Circuit Court of Appeals, referring to the
coerced and perjured affidavits used to extradite Leonard Peltier from
Canada. Transcript of the proceedings (oral arguments) in US v. Peltier,
CR C77-3003 "Motion to Vacate Judgement and for a New Trial," at 7326-7.

7. Federal Bureau of Investigation teletype dated October 2, 1975,
indicating that (FBI ballistics expert) Evan Hodge had performed a
firing pin test on the Wichita AR-15 (claimed by the government to have
been Leonard Peltier's) immediately after he received it and compared it
to the cartridges found at the scene. Contrary to his trial testimony
that the test was inconclusive, this memo conclusively stated that the
rifle contained "a different firing pin" from the weapon used in the
firefight. This exculpatory evidence was withheld from the defense, and
only discovered years after the trial with the release of documents via
the Freedom of Information Act.

6. "There are only two alternatives... to the government's contention that
the .223 casing was ejected into the trunk of Coler's car when the
Wichita AR-15 was fired at the agents. One alternative is that the .223
casing was planted in the trunk of Coler's car either before its
discovery by the investigating agents or by the agents who reported the
discovery. The other alternative is that a non-matching casing was
originally found in the trunk and sent to the FBI laboratory, only to be
replaced by a matching casing when the importance of a match to the
Wichita AR-15 became evident."
- Judges of the Appeals panel, Eighth Circuit Court of Appeals,
"Appeal from the U.S. District Court for the District of North Dakota,"
op. cit., p. 16.
The Court recognized that key evidence against Leonard Peltier could
only have been fabricated, but went on to say "We recognize that there
is evidence in this record of improper conduct on the part of some FBI
agents, but we are reluctant to impute even further improprieties to
them."

5. "The jury agreed with the defense contention that an atmosphere of fear
and violence exists on the reservation, and that the defendants arguably
could have been shooting in self-defense. While it was shown that the
defendants [Dino Butler and Bob Robideau] were firing guns in the
direction of the agents, it was held that this was not excessive in the
heat of passion."
-Jury Foreman Robert Bolin, after the acquittal of Butler and
Robideau for their roles in the firefight.

4. Leonard Peltier was targeted for "neutralization" by the FBI years
before the firefight; in 1972 two off-duty Milwaukee police officers
beat Peltier and then had him charged with attempted murder. This
occurred after one of the officers had shown a picture of Peltier to his
girlfriend and boasted of "catching a big one for the FBI." (U.S. v.
Peltier, CR 77-3003-1, U.S. Court for the District of North Dakota,
November, 1990, p. 12).
Both incidents were entirely consistent with the FBI's COINTEL
program, which targeted any individuals or groups with political voices.

3. "...[L]ittle has been done to solve numerous murders on the reservation,
but when two white men are killed 'troops' are brought in from all over
the country at a cost of hundreds of millions of dollars."
- Civil Rights Commission Chairman Arthur J. Flemming on the reaction
to the FBI agents' deaths in (his words again), "an extreme over-
reaction which takes on aspects of a vendetta...a full scale military
type invasion" of Pine Ridge Indian Reservation.

2. "... the FBI [was] determined to get the AIM movement and completely
destroy it."
-Judge Fred Nichol, after presiding over the "Wounded Knee Leadership
Trial," quoted in NY Times, Sept. 17, 1974.

1. "We don't know who shot those agents"
- Prosecutor Lynn Crooks in Court of Appeals, Nov. 9, 1992, p. 12 of
oral arguments transcript.

I urge you to eradicate the continuance of this longstanding injustice
rather than embrace and support the corruption from which it grew. I urge
you to free Leonard Peltier as soon as humanly possible.

Sincerely,