PUBLISHER'S NOTE: The request to President Joe Biden by Members of Congress to allow an ailing Peltier "to go home, " is framed in terms of his health - not his 'innocence.' Yet over the decades, a dark cloud has hovered over his conviction for many reasons, including the ballistics used to convict him. As the 'Who is Leonard Peltier' site points out at the link below: "Critical ballistics evidence that reflected Leonard Peltier’s innocence was withheld during his trial. Specifically, the ballistics expert for the FBI, Evan Hodge, testified that he had been unable to perform the best test, a firing pin test, on certain casings found near Agent Coler’s car because the rifle in question had been damaged in a fire. Instead, he stated that he had conducted an extractor mark test and found the casing and weapon to match. Years later, documents obtained through the Freedom of Information Act (FOIA) showed that, in October 1975, a firing pin ballistics test had indeed been performed on the rifle and that the results were clearly negative. In short, the fatal bullets did not come from the weapon alleged to have been fired by Leonard Peltier. It should also be made very clear that the AR-15 and FBI-issued M-16 deliver the same .223 caliber round. However, the jury never heard about any of these crucial issues. On a related matter, SA Fred Coward testified that he was able to see Peltier at the site of the shoot-out, some 700 feet away, using the telescopic lens on his rifle. The defense attorneys duplicated this sighting and found it to be impossible. However, Judge Benson would not allow a test of the claim in court. Coward’s testimony was allowed into evidence and used as a basis to support Peltier’s conviction. THE PICKUP TRUCK: Equally disturbing are the numerous discrepancies regarding the key vehicle in the case. Agents Williams and Coler had radioed that they were chasing a “red pick up truck” which they believed was transporting a suspect. The chase led to the Jumping Bull Ranch and the fatal shoot-out. At trial, however, the evidence had changed to describe a “red and white van,” quite a different vehicle and which, not coincidentally, was more easily linked to Leonard Peltier. WITNESSES: No known witnesses exist as to the actual shooting of FBI Agents Coler and Williams. Three adolescents gave inconclusive and vague testimonies at Peltier’s trial, contradicting their own earlier statements, as well as each other. All three witnesses admitted they had been seriously threatened and intimidated by FBI agents. The court, at Leonard Peltier’s trial, did not permit the jury to learn of the FBI’s pattern and practice of using false affidavits and intimidating witnesses in recent related cases against other members of the American Indian Movement. The jury was thus unable to properly evaluate the credibility of prosecution witnesses’ testimony. THE PROSECUTION’S CASE: There was no witness testimony that Leonard Peltier shot the two FBI agents. There was no witness testimony that placed Leonard Peltier near the scene before the agents’ deaths occurred. Those witnesses placing Peltier, Robideau, and Butler near the scene after the killing were coerced and intimidated by the FBI. There was no forensic evidence as to the exact type of rifle that caused the fatal injuries of the agents. Several different weapons present in the area during the shoot-out— evidence now shows that there were other AR-15 rifles in the area—could have caused the fatal injuries. In addition, the AR-15 rifle claimed to be Leonard Peltier’s weapon was found to be incompatible with the bullet casing allegedly found near Agent Coler’s car (according to the FBI’s documents, by two different agents on two different days). Although other bullets were fired at the crime scene, no other casings or evidence about them were offered by the prosecutor in this case. In short, there was/is no reasonable evidence that Leonard Peltier committed the crimes for which he was convicted. Instead there is very strong evidence of FBI and prosecutorial misconduct."
https://www.whoisleonardpeltier.info/home/facts/trial/
Harold Levy: Publisher: The Charles Smith Blog:
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STORY: "Members of Congress urge Biden, again, to let Leonard Peltier go home," by Reporter Jennifer Bendery, published by Huffpost, on February 14, 2022.
SUB-HEADING: There is a "greater urgency" to grant clemency to the 77-year-old Native American rights activist since he tested positive for Covid-19 say House Democrats."
GIST: "For the second time in recent months, House Democrats are urging President Joe Biden to grant clemency to Leonard Peltier, the 77-year-old Native American rights activist who has been in prison for 45 years and recently tested positive for COVID-19.
“On October 8, 2021, my colleagues and I requested the expedited release of Mr. Leonard Peltier from the Coleman Federal Correctional Complex in Florida,” reads a Wednesday letter to Biden, led by Rep. Raul Grijalva (D-Ariz.). “The expedited release request was based on his age, underlying health conditions, the amount of time he had already served, and his risk of medical complications due to COVID-19.”
“We write to you again requesting clemency for Mr. Peltier, but with greater urgency, since Mr. Peltier tested positive for COVID-19 on January 28, 2022.”
When Grijalva and other lawmakers wrote to Biden in October, they were joining a chorus of decadeslong protests over Peltier’s imprisonment. Peltier, a member of the American Indian Movement, was convicted over his role in the murder of two FBI agents during a 1975 shootout on Pine Ridge Reservation in South Dakota. His trial was riddled with misconduct: Prosecutors hid key evidence. The FBI threatened and coerced witnesses into lying. A juror admitted she was biased against Peltier’s race on the second day of the trial, but was allowed to stay on anyway.
Yet with no evidence that Peltier committed a crime ― something a former U.S. Attorney who helped put Peltier in prison has since admitted and is now urging Biden to release him ― the FBI and U.S. Attorney’s Office convicted Peltier and he was sentenced to two consecutive life sentences.
Peltier’s imprisonment became even more concerning late last month when he tested positive for COVID-19 — just a week after he publicly pleaded for help amid his prison facility’s prolonged COVID-19 lockdowns. He told HuffPost at the time that his prison’s constant lockdowns and failure to provide some inmates with booster shots had left him and others unbearably isolated and preparing for death.
“I’m in hell,” Peltier said, “and there is no way to deal with it but to take it as long as you can.”
A week later, he tested positive for COVID-19. Peltier was sent into quarantine after that and returned to his cell last week.
In their latest letter to Biden, House Democrats highlight that, in light of the COVID pandemic, the Department of Justice authorized the Federal Bureau of Prisons to release elderly inmates and those with underlying health conditions from federal prisons. Peltier is 77 years old and suffers from diabetes and an abdominal aortic aneurysm.
“Given Mr. Peltier’s new COVID-19 diagnosis and to avoid further risks to his health and safety, we urge you to approve his pending petition for clemency on humanitarian grounds,” reads their letter. “Thank you again for your attention to this matter.”
Signatories on the letter are Democratic Reps. Teresa Leger Fernandez (N.M.), Jesus “Chuy” Garcia (Ill.), Betty McCollum (Minn.), Jared Huffman (Calif.), Rashida Tlaib (Mich.), Melanie Stansbury (N.M.), Cori Bush (Mo.), Barbara Lee (Calif.) and Grijalva.
Their letter is also addressed to Attorney General Merrick Garland, Federal Bureau of Prisons director Michael Carvajal and William Lothrop Jr., southeast regional director of the Federal Bureau of Prisons.
Requests for comment were not immediately returned from the White House, the Justice Department or the Federal Bureau of Prisons."
The entire story can be read at:
leonard-peltier-biden-clemency_n_620abb8be4b0328e002aa3c4
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
