[Ppnews] Peltier Appeal Hearing Scheduled on FEB. 13

Political Prisoner News PPnews at freedomarchives.org
Tue Jan 24 11:50:25 EST 2006


APPEAL HEARING SCHEDULED ON  FEB 13, 2006 at ST LOUIS MISSOURI  TO ADDRESS
LAKOTA NATION SOVEREIGNTY

January 23, 2005
Leonard Peltier Defense Committee
For Immediate Release

A Hearing has been scheduled for February 13, 2006 to correct the illegal
sentencing that occurred in Leonard Peltier's  case.  The basis for this
motion is that the United States District Court lacked subject matter
jurisdiction under the statutes upon which Mr. Peltier was convicted and
sentenced.  The statutes in question require that the crime take place
"within the special maritime and territorial jurisdiction of the United
States".  Since the deaths of the agents occurred on the Pine Ridge Indian
Reservation which is neither "within the special maritime [or] territorial
jurisdiction of the United States", the Peltier defense team is asking the
Court to grant Mr. Peltier's motion and vacate the illegal sentences imposed
upon him.  If the Court does not recognize the Pine Ridge Reservation as
sovereign "then one must wonder, what does sovereignty mean?" stated Barry
Bachrach, attorney for Leonard Peltier. "Sovereignty seems to be a concept
that is merely given lip service. It is raised when the government does not
want to get involved, and infringed when the government wants to take
action." According to Bachrach, "This hearing is important because Mr.
Peltier was never charged with crimes over which the United States had
jurisdiction. The history of the constitution, and the statutes implicated,
unequivocally establish that Mr. Peltier was not convicted under the Indian
Crimes Act, which is the only possible authority under which the government
could have tried and convicted Mr. Peltier. Whereas here, the court had no
jurisdiction to convict Mr. Peltier under the crimes for which he was
convicted, those convictions must be set aside as a matter of law."


The hearing will take place on Feb 13, 2006

Time: 9 am

Location: Thomas F. Eagleton Courthouse

Southeast Courtroom 27th Floor

111 S. 10th Street

St Louis, Missouri



For more information please contact:

Leonard Peltier Defense Committee @ 915 - 533-6655

Barry Bachrach, Attorney @ 508-926-3403

The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org 
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