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PO Box 583<br><br>
Lawrence, KS 66044<br><br>
<a href="http://www.leonardpeltier.org/" eudora="autourl">www.leonardpeltier.org</a><br><br>
info@leonardpeltier.org<br><br>
785-842-5774; 785-842-5796<br><br>
Leonard Peltier Defense Committee<br><br>
<br><br>
Peltier Attorney Respond to the US Supreme Court Denial of
Appeal<br><br>
In yet another outrageous decision by the
courts, the U.S. Supreme<br>
Court refused to grant certiorari to review the 10th Circuit’s denial
of<br>
Leonard’s request to be considered for parole. The U.S. Supreme
court<br>
did so in the face of the 10th Circuit's recognition that the
government<br>
indisputably engaged in misconduct in the prosecution of Leonard.
This<br>
is another pitiful failure of our justice system to correct
undisputed<br>
government wrongs. Despite the supposed checks and balances
ingrained<br>
in the constitution, it is clear that there are no checks and
balances<br>
and this is nothing more than a concerted effort between the
Courts,<br>
Congress, and the Executive Branch to trample on American Indian
rights<br>
and to hide the outrageous misconduct of governmental agencies.<br><br>
If in fact, I am wrong in this opinion, then
Congress will<br>
immediately conduct an investigation into the FBI’s misconduct at
Pine<br>
Ridge and in Leonard’s case, as we have recently requested of
Congress.<br>
It is once again time to make our voices heard loudly and demand
that<br>
our government accounts for its misdeeds; anything less means that
we<br>
will all be subject to the Kafkaesque treatment suffered by
Leonard.<br><br>
<br><br>
~Barry Bachrach, Esq<br><br>
<br><br>
<br><br>
>From The Leonard Peltier Defense Committee: We will not let
Leonard’s<br>
issues go away and further commentaries and strategies will be
released<br>
within the next few days.<br><br>
<br><br>
<br><br>
April 19, 2004<br><br>
<br><br>
In the Spirit of Crazy Horse<br><br>
<br><br>
_________________________________________<br><br>
<br><br>
<br><br>
Supreme Court Rejects Indian Activist Peltier's Appeal<br><br>
<br><br>
<br>
Mon Apr 19, 2004 10:10 AM ET<br><br>
<br><br>
<br>
<http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=4866337&s<br>
ection=news><br>
<a href="http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=4866337§io" eudora="autourl">http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=4866337§io</a><br>
n=news<br><br>
<br><br>
By James Vicini<br><br>
WASHINGTON (Reuters) - The U.S. Supreme Court rejected<br><br>
on Monday an appeal seeking parole for American Indian<br><br>
activist Leonard Peltier, who was convicted for the 1975<br><br>
killings of two FBI agents.<br><br>
<br><br>
Without any comment, the justices let stand a U.S.<br><br>
appeals court ruling that denied Peltier's bid for a parole<br><br>
hearing and for release from prison.<br><br>
<br><br>
Peltier, whose case has received international<br><br>
attention, has been in federal prison in Leavenworth, Kansas,<br><br>
serving two consecutive life sentences for the slayings of<br><br>
the agents on the Pine Ridge Indian Reservation in South<br><br>
Dakota.<br><br>
<br><br>
FBI agents Jack Coler and Ronald Williams got into a<br><br>
firefight with Indians when they went to the reservation to<br><br>
arrest four people charged with armed robbery. The<br><br>
agents were wounded from a distance, became incapacitated and<br><br>
were killed by shots fired at point-blank range.<br><br>
<br><br>
At issue was a U.S. Parole Commission decision that<br><br>
Peltier was ineligible for parole until Dec. 31, 2008,<br><br>
because he ambushed the agents before executing them. A U.S.<br><br>
appeals court in Denver last year upheld the<br><br>
commission's decision.<br><br>
<br><br>
Peltier's lawyers appealed to the Supreme Court.<br><br>
<br><br>
They said the appeals court "erroneously" affirmed
the<br><br>
commission decision and claimed government misconduct<br><br>
during prosecution of the case because of withholding of<br><br>
evidence and coercing witnesses to testify falsely.<br><br>
<br><br>
Because of the commission decision, Peltier will have to<br><br>
serve at least double the sentence he would have<br><br>
received under federal guidelines, his lawyers said. They said<br><br>
he should have been eligible for parole after more than<br><br>
16 years in prison.<br><br>
<br><br>
"For over 28 years, Mr. Peltier has suffered indignity<br><br>
and injustice," Attorney Carl Nadler wrote in asking the<br><br>
high court to hear the appeal.<br><br>
<br><br>
"It truly is a sad commentary upon our judicial system<br><br>
and our government that a man must suffer 28 years in<br><br>
prison because 'someone' must pay for a crime that the<br><br>
government could not prove he committed," Nadler said.<br><br>
<br><br>
Four people were charged in the slayings. Two were<br><br>
acquitted and the government dropped its case against a<br><br>
third. Peltier escaped to Canada and was later extradited,<br><br>
tried, convicted and sentenced.<br><br>
<br><br>
Peltier has unsuccessfully brought a number of appeals<br><br>
challenging his conviction and sentence.<br><br>
<br><br>
<br><br>
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