[Ppnews] Demand an Executive Review of the Peltier Case

Fri Sep 11 11:54:51 EDT 2009

Friday, September 11, 2009

<http://freepeltiernow.blogspot.com/2009/09/call-to-action-demand-executive-review.html>Call 
to Action: Demand an Executive Review of the Peltier Case

http://freepeltiernow.blogspot.com/2009/09/call-to-action-demand-executive-review.html

An innocent man, Leonard Peltier was wrongfully 
convicted in 1977 and has served over 30 years in 
federal prison despite proof that he was 
convicted on the basis of fabricated and 
suppressed evidence, as well as coerced 
testimony. This is not just whimsy on the part of 
Peltier supporters, as some claim. These are 
facts acknowledged by the courts and even our 
politicians... and, yet, all have refused to take corrective action.

On June 23, 1995, Amnesty International submitted 
a letter of concern about the Peltier case to 
then Attorney General Janet Reno. The world 
renowned human rights organization sought but 
failed to obtain an Executive Review of the case.

On August 21, 2009, upon hearing the news that 
Leonard Peltier had again been denied parole, 
Friends of Peltier renewed the call for an 
Executive Review of the Peltier case by the U.S. 
Department of Justice. We want justice... EQUAL justice... and we want it now.

This past April, U.S. Attorney General Eric 
Holder announced that he had ordered the 
dismissal of the indictment against former 
Senator Ted Stevens on corruption charges. 
Stevens had been tried and found guilty, but 
hadn't been sentenced; Holder's action 
effectively vacated Stevens' conviction. Holder 
was reportedly very angry that the prosecutors 
had withheld potentially exculpatory evidence 
from Stevens' attorneys. After the prosecutors 
had been held in contempt of court for failing to 
turn over required documents, Holder replaced the 
entire trial team. Soon afterward, the Justice 
Department discovered a previously undocumented 
interview with the prosecution's star witness. In 
the interview, the witness gave statements that 
directly contradicted his testimony at trial.

This statement made by Stevens' attorneys is reminiscent of the Peltier case.

"This jury verdict was obtained unlawfully. The 
government disregarded the Constitution, the 
Federal Rules of Criminal Procedure, and 
well-established case law ... which require the 
government to reveal to the defense all evidence 
that demonstrates the innocence of the 
accused...The misconduct of government 
prosecutors, and one or more FBI agents, was 
stunning. Not only did the government fail to 
disclose evidence of innocence, but instead 
intentionally hid that evidence and created false 
evidence that they provided to the defense."

What’s the saying? If it’s true, you’re not 
paranoid. And what is the truth? If it happened 
to Mr. Peltier, it can happen to anyone... even a U.S. Senator.

By nearly all accounts, Holder wanted to send a 
message that he would not tolerate any behavior 
he deemed to be prosecutorial misconduct. The 
following interview confirms those accounts. (We 
recommend that you watch this video in its entirety.)

CALL TO ACTION

Join with us in calling for an Executive Review of the Peltier case.

Write to the Attorney General and demand an 
Executive Review of the Peltier case becausehow 
did he put itoh, yes, because it is “the RIGHT thing to do”.

Also please sign the 
<http://www.ipetitions.com/petition/Executive_Review/>online petition.

PETITION

September 12, 2009

Attorney General Eric Holder
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Attorney General Holder:

Thank you for taking the necessary steps to 
investigate and vacate the conviction of Senator 
Ted Stevens because of misconduct by federal 
prosecutors. We the undersigned, in the interest 
of EQUAL justice, now ask that you undertake an 
Executive Review of COINTELPRO-era politically 
motivated cases, starting with the case of Leonard Peltier.

In 1975, the Select Committee to Study 
Governmental Operations with Respect to 
Intelligence Activities (also known as the Church 
Committee) investigated the counterintelligence 
activities of the Federal Bureau of Investigation 
(FBI) over a 25-year period. With regard to its 
COunter INTELligence PROgram, or COINTELPRO, 
operations, the Church Committee found the Bureau 
responsible for: violating and ignoring the law; 
exceeding its powers with regard to domestic 
intelligence activity; using excessively 
intrusive techniques against United States 
citizens; using covert action to disrupt and 
discredit domestic groups; abusing intelligence 
information for political purposes; and having 
inadequate controls, as well as no 
accountability. As you know, COINTELPRO was 
centrally directed and targeted a range of 
political dissidents and organizations. The 
stated goals of COINTELPRO were to "expose, 
disrupt, misdirect, discredit, or otherwise 
neutralize" those persons or organizations that 
the FBI found objectionable, i.e., a threat to 
the status quo. The Rev. Martin Luther King, Jr., 
was one of the most notable of these COINTELPRO targets.

During the 1970s, the American Indian Movement 
(AIM) also was a target of the FBI. AIM activist 
Leonard Peltier was wrongfully convicted in 1977 
in connection with the shooting deaths of two FBI 
agents and has served over 30 years in federal 
prison despite proof that he was convicted on the 
basis of fabricated and suppressed evidence, as well as coerced testimony.

The United States Courts of Appeal have 
repeatedly acknowledged investigative and 
prosecutorial misconduct in this caseevident 
from the time of Peltier's extradition from 
Canada to his trial and subsequent sentencing.

Peltier also has been denied fair consideration 
for parole by unscrupulous, untruthful, and 
overzealous prosecutors who know parole 
authorities do not consult the court record and 
will therefore take on faith any false statements the prosecutors care to make.

On June 23, 1995, Amnesty International submitted 
a letter of concern about the Peltier case to 
then Attorney General Janet Reno. The world 
renowned human rights organization sought but 
failed to obtain an Executive Review of the case.

We agree with senior deputy director of Amnesty 
International-USA Curt Goering who, after the 
U.S. Parole Commission denied Peltier parole in 
August 2009, stated: “Given that the case against 
Peltier unraveled years ago, his continued 
imprisonment is only protracting a grave 
miscarriage of justice... When you consider the 
concerns that plague the case... it is 
unconscionable that Leonard Peltier should 
continue to suffer behind bars. It is high time 
for the U.S. government to... right the wrongs of the past.”

We call on you, Mr. Holder, to conduct an 
Executive Review of the Peltier case without delay, one that addresses:

--> FBI agents' use of improper techniques or 
coercive tactics, as well as fabricated evidence;

--> FBI laboratory personnel's use of poor 
scientific techniques, mishandling of evidence, 
provision of skewed or completely false testimony 
to support prosecution claims, or providing fabricated evidence; and

--> prosecutorial misconduct such as courtroom 
misconduct; mishandling of physical evidence 
(hiding, destroying, and/or tampering with 
evidence, case files or court records); failing 
to disclose exculpatory evidence; threatening, 
badgering, and/or tampering with witnesses; and 
using false or misleading evidence.

This review also should include examination of 
post-conviction actions on the part of FBI 
officials and agents, as well as prosecutors, to 
prevent fair consideration of Peltier's 
applications for parole and Executive Clemency.

It is long past time to rectify an immense and 
evident injustice. The politically-motivated 
prosecution of Leonard Peltier is an abuse of 
power at least as troubling as that in Senator Stevens' case.

Conduct an Executive Review of the Peltier case 
now. Only through such honorable action, which is 
wholly in your power, can we be sure that justice will, at last, be done.

Friends of Peltier
Time to set him free... Because it's the RIGHT thing to do.
<http://www.freepeltiernow.org/>www.FreePeltierNow.org

Freedom Archives
522 Valencia Street
San Francisco, CA 94110

415 863-9977

www.Freedomarchives.org  
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