<html>
<body>
<font size=3><br><br>
WEDNESDAY 8 DECEMBER 2010<br><br>
</font><h3><b>Leonard Peltier Denied Eighth Amendment
Rights</b></h3><font size=3>Wednesday 08 December 2010<br>
<a href="http://www.truth-out.org/political-prisoner-denied-eighth-amendment-rights65752?print">
<br>
by: Dan Battaglia and Preston Randolph, t r u t h o u t | News
Analysis</a> <br>
<a href="http://www.truth-out.org/political-prisoner-denied-eighth-amendment-rights65752?print" eudora="autourl">
http://www.truth-out.org/political-prisoner-denied-eighth-amendment-rights65752?print<br>
<br>
</a>The Eighth Amendment in the US Constitution prohibits, among other
things, cruel and unusual punishment of prisoners. This prohibition is
the grounds for a lawsuit filed by federal inmate #89637-132, Leonard
Peltier, who is considered by many worldwide to be a political prisoner.
In 1977, Peltier was sentenced to two consecutive life terms for the
deaths of two FBI agents on the Pine Ridge Reservation in South Dakota
and remains incarcerated to this day,
<a href="http://www.ocnus.net/artman2/publish/Dysfunctions_2/The-Tragedy-of-Leonard-Peltier-vs-the-US_printer.shtm">
despite the fact that all evidence in his conviction has been debunked
and proven fabricated</a>.<br><br>
Peltier has endured many hardships during his incarceration, but perhaps
the most shocking and cruel is the inadequate medical treatment he has
received at the hands of the Bureau of Prisons (BOP). The medical
mistreatment affecting Mr. Peltier began in the early 1990s. Peltier had
suffered from tetanus, and, consequently, from one of its
<a href="http://www.mayoclinic.com/health/tetanus/DS00227">known side
effects – lockjaw</a>.<br><br>
It wasn't until 1995 that Peltier was referred to an oral surgeon by a
dentist in the Leavenworth, Kansas US Penitentiary. Not soon thereafter,
Peltier was transferred to a medical facility in Missouri where, in the
first months of 1996, he was finally treated. It would take more than
three surgeries to get Peltier to be able to chew and open his mouth to a
certain extent. At one point, Peltier's mouth was frozen open by thirteen
millimeters. Peltier's medical records clearly show that he was not
supposed to return to Leavenworth until he was able to chew. Instead,
Peltier was returned before he could successfully open and close his
mouth. The premature transfer resulted in an enormous public outcry from
his supporters worldwide. In addition, Peltier himself filed a lawsuit
claiming that the BOP had violated his right to not be subject to cruel
and unusual punishment. The lawsuit was dismissed along with his
subsequent appeal.<br><br>
Peltier has also faced medical mistreatment with regard to his diabetes.
It is common knowledge in the medical field that if more than one person
uses the same electronic diabetes test kit, the results can be somewhat
inaccurate. Peltier, now in his sixties, asked for permission to get his
own testing kit. He was denied his request. This denial resulted in a
massive uproar by Peltier supporters. Many, including myself, called the
prison (Lewisburg USP) where Peltier was and still is incarcerated,
demanding that he be allowed to have his own testing kit. We went as far
as to offer to buy it for him, but our offer was also denied. It was only
after a significant period of time had gone by, calls to the warden had
been made and numerous other proactive actions had been taken that the
BOP finally permitted Peltier to have his own private testing
kit.<br><br>
Last year, Peltier began experiencing symptoms synonymous with those of
prostate cancer. Due to his family's medical history, his new illness
became an immediate cause for concern. After being urged by Peltier's
attorneys to address these symptoms, the BOP finally agreed to perform a
standard blood test in June of 2010. It took four months to get the
results to Peltier. As it stands now, there is a chance that he may have
prostate cancer. The cure rate is known to be high only if the patient
was diagnosed early in the stages of the cancer itself. Peltier first
began to see warning signs just over a year ago, but since it has taken
the "powers that be" over a year to fully look into his
condition, his health may now be in serious jeopardy. This negligence,
combined with the extreme medical neglect he has experienced in the past,
only furthers the position of those that have long held that this
six-time Nobel Peace Prize nominee should be released
immediately.<br><br>
According to Dr. Norma Bowe of Kean University, who holds a Ph.D. in
community health policy and has worked for many years teaching college
level health education courses to inmates in New Jersey's state prisons,
"There are standards of practice for care, and waiting a year when a
person is symptomatic does not meet those standards. A delay of four
months in the processing of lab tests in cases of prostate cancer can
result in an increased chance of metastasis. Delaying these tests is
nothing short of negligence."<br><br>
On the other hand, it should be noted that not everyone within the BOP
has been spiteful to Leonard Peltier. In the course of the vast research
for our current film,
<a href="http://www.windchasesthesun.com/">"Wind Chases the
Sun,"</a> we were able to contact various prison officials who have
come to know Peltier over the past thirty years and have witnessed
firsthand the mistreatment of inmates behind prison walls. Retired BOP
official Bruce Smith acknowledges the wrongdoings toward Peltier within
the correctional system. "There is no doubt that Leonard has
received inadequate health care in prison. I've witnessed it," said
Smith. "I have seen inmates let die because they have not been
properly treated." Ultimately, the root of Peltier's health
problems, according to medical professionals within the BOP, stems from
lack of treatment.<br><br>
Bruce Smith worked at Leavenworth Federal Prison for nearly twenty years
and speaks fondly of Peltier. "It's a crime that this guy's in
prison. He could be doing so much more for his people on the
outside," said Smith. Smith said one of his most notable memories is
of the day Peltier abruptly stopped a riot in the making between the
Native American and African-American inmates. This act of peace,
according to Smith, is one of the many admirable and noble actions
Peltier frequently carried out. "I think the world of Leonard and
pray he gets out," said Smith.<br><br>
Another BOP official, now retired, who asked that his name be withheld,
concurred with Smith's position. With regard to Peltier's incarceration,
he suggested, "The FBI is out for blood because their agents were
killed. If he ever does get out, they'll never leave him alone." The
retired officer added, "I've had the opportunity to view Peltier's
case files, and I too think he was set up. He doesn't deserve to be in
prison." This is a reality Peltier has learned to accept; however,
despite the grim outlook, Peltier and his millions of supporters
worldwide refuse to stop fighting for his freedom. This battle will
continue to be extremely difficult and may even seem unwinnable to some.
In addition, Peltier's situation is further complicated by his current
health status.<br><br>
Former BOP Officer Smith concludes, "What's wrong is wrong and
what's right is right. What is happening to Leonard is
wrong."<br><br>
<b>Further reading:</b> <br>
<a href="http://www.whoisleonardpeltier.info">Learn more</a> about the
case of Leonard Peltier.<br><br>
<a href="http://www.lpdoc.blogspot.com/2010/11/peltier-family-accuses-us-government-of.html">
Official press release</a> by the Leonard Peltier Defense Offense
Committee.<br><br>
Please learn more about the current film production at
<a href="http://www.windchasesthesun.com">"Wind Chases the Sun: The
Leonard Peltier Story."</a> <br><br>
<br><br>
</font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br><br>
</font><font size=3 color="#008000">415 863-9977<br><br>
</font><font size=3 color="#0000FF">
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.Freedomarchives.org</a></font><font size=3> </font></body>
</html>