"the People's Paths home page!" Leonard Peltier Update (1/4/99)

Leonard Peltier Update
January 4, 1999

Leonard Peltier Defense Committee
Email: lpdc@idir.net

Dear Peltier supporters,
Here is a new update--please copy and distribute it!
Thanks, LPDC office staff
Leonard Peltier Defense Committee
P.O. Box 583 Lawrence, KS 66044
Phone: (785) 842-5774

Important current issues: January 1999
-Leonard's health
-International support continues to build
-Getting Leonard's case back into court/law schools
-Effort to gain executive clemency
-Working for congressional hearings and investigations
-Canadian extradition report
UPCOMING EVENTS:
-Hunger fasting and Nonviolent Civil Disobedience protests on Feb. 6th, 1999
-Leonard Peltier Organizing Conference Friday, June 25th , Saturday, June 26th, and Sunday June 27th
HEALTH
Leonard Peltier is currently suffering from complications of a previous maxilla-facial surgery which he underwent at the Springfield Medical facility in 1996. Because of this, he is in excruciating pain everyday as the pain in his jaw never resides.
As a child Leonard stepped on a nail and got tetanus. This caused him to get lockjaw and he has had problems with his jaw ever since. He also broke his jaw once and it never healed correctly. This is why he was transferred to Springfield for surgery in 1996. Dr. Collins, one of the prison doctors, had recommended that Leonard be treated at the Mayo clinic in Rochester because Springfield did not have the proper facilities. The prison ignored this advice. During this surgery Leonard almost died. He was in a coma for fourteen hours after the surgery and his jaw is now in much worse condition than before he was treated.
Leonard cannot bite or chew his food because his jaw is frozen. He cannot completely close or open his mouth. He must eat by forcing food through a gap in his front teeth and then mashing it against his front teeth with his tongue. The prison will not blend his food. He suffers from excruciating headaches and jaw pain because of this condition.
This is not the only maltreatment he received at Springfield. After the operation he was told that he required radiation treatment to his jaw. He was told that if he did not receive it he would die. After a lot of pressure he agreed despite the fact that he was already weak and in severe pain from the surgery. During this time he was kept in "the hole" which is a cell that is six by eight feet long. It was infested with cockroaches and ants, he was only allowed a one inch pencil to write with, he had to write on the cement floor, and he was only allowed one phone call a month. He was not put in isolation because his behavior had warranted any type of disciplinary action.
After one month it became apparent to Leonard that the surgery was a complete failure. He refused to go back to Springfield because of its inhumane conditions and medical maltreatment. It has been two years and he is still waiting for treatment from the Mayo Clinic. Dr. Keller, a specialist at the Mayo Clinic has agreed to do the surgery but the prison will not transfer him there. Leonard will not sign any transfer papers unless they specifically state that he is going to the Mayo Clinic for treatment for fear of being transferred back to Springfield. Legal remedies are currently being taken in order to get Leonard the care he needs. Meanwhile please help us pressure the BOP, Leavenworth prison, and Congress to allow him to be immediately transferred to the Mayo Clinic.
Leonard has endured the Marion Control Unit, an attempted assassination, harassment, and physical brutality for twenty-three years despite the fact that the government says they do not know who is responsible for the deaths of the agents. It is important now more than ever that Leonard is released.
INTERNATIONAL SUPPORT
International Diplomatic efforts are increasing to pressure on the United States to free Leonard Peltier. The European Parliament and the governments of Italy and Belgium have passed resolutions calling for clemency and for Senate/Congressional investigations into the illegal FBI activities against the people of Pine Ridge.
GETTING CASE BACK INTO COURTS
We are currently looking for ways to enter Leonard's case back into court. We need research lawyers, law professors, and law students to try to find ways by which to do this. If you are interested in researching Leonard's case you may want to purchase The Trial of Leonard Peltier, and the trial transcripts. We also have the appeal decisions on disc, but we still need to get other relevant briefs, evidentiary hearings, etc. on the computer-hopefully this will be done soon. If you find a possible strategy to get Leonard's case back into court, we will have you discuss it with trial attorneys Tony Serra, Carl Nadler, and Eric Seitz. Anyone who is able to find a way to get the case back into court will receive international recognition in the legal community. Contact the LPDC for more information.
EXECUTIVE CLEMENCY
In 1993 Ramsey Clark filed for executive clemency on Leonard's case. Normally it takes six to nine months for a response to be received from the president. It has been five years and we have heard nothing. The only response ever received from Clinton is a form letter which we have hundreds of, stating that it is still being reviewed by the department of justice. President Clinton has the authority to look into the status of the "review" and he has the authority to grant clemency whenever he chooses. The Clinton administration has ignored letters and resolutions from foreign governments, letters from many prestigious people, and millions of signatures and letters from the people of the U.S. The government admits that they do not know what involvement Leonard may have had in the agents' deaths. It is an outrage that the Leonard is still in prison. Please continue to write Clinton and the Pardon Attorney, however, we must do more than this to show our support for Leonard. We cannot be ignored any longer while an innocent man suffers in prison.
CONGRESSIONAL HEARING INVESTIGATIONS
We are urging Congress to hold a congressional investigation into the Pine Ridge murders and Leonard's illegal incarceration which resulted from the FBI and Dick Wilson's Reign of Terror. We have the support of various Congressional people which is good, but, not all of them have the jurisdiction to initiate hearings. Please continue to write to your state representatives and while doing so ask them who, if any in your state have the jurisdiction to initiate hearings. Please let the LPDC know of any responses you receive. We will be passing the information on to our lobbyist in D.C. Also write to Congressman John Conyers and Senator Paul Wellstone to encourage them to hold an investigation. If you are a political science major we could use your help and advice.
CANADIAN EXTRADITION REPORT
On 15 June, 1998 a letter from Canada's federal Information & Privacy Commissioner informed us that the internal review of the facts concerning Leonard's extradition from Canada had been cleared for release to the public on June 9, 1998. The until-now secret report of the internal review of Leonard's extradition from Canada done by the Minister of Justice of Canada in 1995 can now be released AT THE DISCRETION OF CANADA'S MINISTER OF JUSTICE, The Hon Anne McLellan. She is ignoring our requests to release that report on the review.
The review was commissioned by the former Minister of Justice in 1995-1996 & handed over to the Privacy Commissioner in 1997. The Privacy Commissioner was supposed to "deal with privacy concerns" contained in that report (i.e, remove the names of informants, etc). As soon as that was done, according to the statement made by the Minister of Justice in the House of Commons on 11 May, 1998, "... as soon as I am satisfied and the Privacy Commissioner is satisfied that we can release that report I will do so."
There is NO doubt that the report will clearly state that Leonard's extradition was fraudulently obtained by the government of the USA, & that will mean that under the terms of the extradition treaty between Canada & the USA, Canada HAS NO CHOICE but to present the ambassador of the USA to Canada with a formal note of diplomatic protest & demand Leonard's immediate return to Canadian soil, (where he will be 100% free).
In June of 1989, in the Supreme Court of Canada, the U.S. government admitted that the documents used in their request for extradition of Mr. Peltier were fraudulent. (These fraudulent documents are now referred to as the "Poor Bear Affidavits".)
In their 1989 decision in considering Leonard's extradition, Canada's Supreme Court stated that the USA was "less than forthright" in the extradition application, & that the US affidavits used to obtain the extradition were "...suspect to the point of fraud...". The SCC "strongly urge[d]" the federal government of Canada to "... seek immediate and effective diplomatic redress...".
Under the terms of the extradition treaty between Canada and the U.S., if the party extraditing a person is shown to have made the request fraudulently, regardless of intent to do so, the person so extradited must immediately be returned to the country they were extradited from.
Needless to say, the US Dept of Just-Us (as it's called in Indian Country) and the Canada-desk at Secretary of State are putting a lot of pressure on the Canadian government to keep this report under wraps.
YOU CAN HELP
You can help break that report loose, and in the process loosen the bars that imprison Leonard. Call, write, fax and/or email your U.S. Congress/Senate representatives, or members of the Joint House Foreign Affairs Committee, expressing your concern about how morally reprehensible you find the manner in which Canada was duped by the FBI, and how the USA's reputation is besmirched by such callous disregard for justice & diplomatic protocol.
You can also call, write, fax and/or email Canada's Minister of Justice, expressing your interest in the "expedient processing of the report so that it can be made public as soon as possible...," or something to that effect. Ask that her communications staff send you a copy the moment it's available. Mention any group or organization you belong to, & how they are also interested in receiving a copy, ".. within the shortest reasonable time, now that Canada's Privacy Commissioner has cleared it for release..." Please let the Minister know how you feel about this judicial farce that has cost an innocent man over 23 years of his life. A life as important as yours, mine..., or hers. Her address is listed at the end of this update.
POSTER DISTRIBUTION
We have a new17"x22" beautiful poster featuring a current image of Leonard. That says, "The Indian Wars Are Not Over-Free Leonard Peltier and all Political Prisoners." On the side they say "Remember those who didn't survive 1973-1976." This is followed by a list of the people who were murdered during the "reign of terror." We need these posters to be seen everywhere. Please have them posted in classrooms, tribal offices, activist offices, cafes, etc. The posters can be bought for five dollars each or in bulk. Shipping and handling is an additional five dollars for an order of one to ten posters. (for bulk orders contact the LPDC to negotiate cost)
FEBRUARY 6, 1999
February 6th, 1999 will mark Leonard's twenty-third year in prison. Everyone is encouraged to organize demonstrations, vigils, civil disobedience, and/or hunger fasts in protest of his incarceration. Please let the Defense Committee know all of the details of what you organize as soon as you have them along with a contact phone number so that we can help publicize your events.
JUNE 25, 26, & 27 LEONARD PELTIER ORGANIZING CONFERENCE
WHY AN ORGANIZING CONFERENCE?
Leonard Peltier has been in prison for 23 years. Over the years amazing accomplishments have been made which have helped to educate many about his case, expose his innocence, build support, and most importantly, keep him alive. But, astonishingly, we have not yet gained his freedom. Twenty-three years is a long time and over the years activity around his case has fallen and risen. The government has shown us that they in no way intend to simply do the right thing and let Leonard out. It is obvious that at this point we need to be better organized and dedicated to his freedom which can only be obtained by a massive collective effort of the people.
Now is a time for unity. Over the years people have had many ideas and strategies on how Leonard's freedom could be obtained. Often times conflicts arise as to what kind of activity is appropriate. While all strategies planned must be known and okay'd by Leonard and we must all work on the same page, we feel that we must encourage everyone to do what they do best and we must work on every possible level simultaneously from grass roots to lobbying to legal strategies. We want everyone who attends this conference to go home better prepared to organize with a feeling of renewed dedication and unity.
The workshops and presentations will include a legal presentation, update, and question and answer session by Leonard's lawyers, a presentation on prison issues, a presentation on the current international campaign to free Peltier, a workshop on lobbying our elected officials to help free Peltier, a work shop on grass roots organizing, and a workshop on the movement to free all political prisoners. Jennifer Harbury, Irma Muniz for Ramsey Muniz, Helen Felix Baca, Attorney Carl Nadler, Pam Africa, are some of the people who have already confirmed to help give presentations and run workshops. Many more are being invited. Make arrangements now to come to Kansas for this weekend! If you are flying, Kansas City is the closest airport. Many details are being worked out now, so call the Committee for more information.

SAMPLE LETTER TO CLINTON
Dear Mr. President Clinton,
I am writing you in concern of racism in the United States of America and more specifically, the case of Leonard Peltier. Leonard Peltier has been incarcerated now for twenty-three years despite the fact that the government has conceded on numerous occasions that they do not know who is responsible for the deaths of the agents or what part Leonard Peltier may have had in them. This blatant disregard for justice exemplifies and symbolizes an attitude of racism toward Native Americans by the United States government. I do not believe that relations between our nations can be healed while Leonard Peltier remains behind bars. Between 1973 and 1976 over sixty Native people were murdered on the Pine Ridge Reservation which was why Leonard Peltier chose to go there and protect those that were being targeted for these killings. None of these murders have ever been investigated.
What does it say to Native people and conscientious non-Native people when a government shows no concern over the deaths of Native Americans but yet will go to any length to blame the deaths of two FBI agents on an Indian, innocence not being a factor? Why should we have faith in the U.S. justice system when you have ignored millions of our letters and phone calls voicing our justified indignation with the continued incarceration of Leonard Peltier? Why should we have faith in the justice system when the government convicted Leonard Peltier of first degree murder, but when their evidence was impeached during an appeal, they then changed their theory to aiding and abetting? Since Leonard Peltier's co-defendants were found innocent on grounds of self-defense, this sudden change of theory looks to us like a ridiculous excuse to keep an innocent man in prison.
I strongly urge you to do the right thing and grant executive clemency to Leonard Peltier. Millions of people internationally know the case of Leonard Peltier and what it symbolizes and millions upon millions more continue to learn about it. If you ignore us, the prolonged incarceration of the most well know advocate for Indigenous People in the U.S. will add to political unrest and the break down of faith in U.S. justice. If you listen to our valid demands for justice, you will be remembered by millions for a gracious act which you will go down in history for. Leonard is suffering from severe health conditions. He filed for executive clemency five years ago. Please do not send me a form letter stating that his petition is still under review by the justice department. Instead, please look into this case and take immediate action. Thank you.
Sincerely,
(Your signature)

**Clemency
President Bill Clinton
1600 Pennsylvania Ave. NW
Washington, D.C. 20500
Phone: (202)456-1111
US Pardon Attorney
Roger C Adams
500 First Street N.W. Suite 400
Ref: Leonard Peltier #89637-132
Washington D.C. 20530
Phone: (202) 616-6070
**Health
Ms. Kathleen Hawk
Director, Bureau of Prisons
320 First St. NW
Washington, DC 20534
Fax: (202)514-6878
Phone: (202)307-3198
Warden Booker
Leavenworth Federal Prison
Box 1000
Leavenworth, KS 66048
Phone: (913)682-8700
**Canadian Extradition Report
The Hon. Ann McLellan, Member of Parliament
Minister of Justice
The House of Commons
Ottawa, Canada K1A 0A6
Phone: (Ottawa Canada office) (613) 992-4524
Fax: (Ottawa, Canada office) (613) 996-4516
**Congressional Investigation
Congressman John Conyers
2426 Rayburn House Office Building
Phone Washington DC: (202)225-5126
Email: John.Conyers@mail.house.gov
**Senate investigation
Senator Paul Wellstone
136 Hart Senate Office Building
Washington, D.C. 20510
Phone Washington, D.C.: (202) 224-5641
Paul Wellstone's toll-free number 1-800-642-6041
Email: senator@wellstone.senate.gov
***Write to Leonard Peltier***
USPL
Leonard Peltier
#89637-132
PO Box 1000
Leavenworth, KS 66048

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