Special Report:
10th Circuit Appeal
DAY 1
September 17, 2003: Peltier Media Forum
At 2:30 p.m., the Leonard Peltier Defense Committee convened a 2.5-hour Forum for the print & electronic media. Moderated by Robby Romero — who graciously stepped in when a last-minute scheduling conflict prevented Peter Coyote’s participation — the Forum panel discussed the political, legal, & human aspects of the Peltier case.
Charles Bear Robe of Pine Ridge & current resident of Denver sang a Lakota song & offered a prayer.
In his opening remarks, musician, filmmaker & activist Robby Romero recalled his meeting with Leonard Peltier & other prisoners when his band Red Thunder performed at the U.S. Penitentiary at Leavenworth some time ago.
“I found him to be full of hope, strength, & spirit. He embodies these things. It’s amazing. I also saw a sadness. About family, his fate, his People. Leonard Peltier is a Native American political prisoner. I urge Amnesty International & other human rights organizations to help educate the public & really push hard for Leonard’s release.”
“I’m shocked that this has gone on so long. The more I learn about this case the more shocked I become. In my travels throughout Canada & Europe, I’ve seen the support for Leonard everywhere — everywhere but in this country. It’s time for the media to pay attention to what’s happened to Leonard… take responsibility & hold the government accountable. It’s time for the whole country to take notice & do something about this injustice.”
Romero introduced the panelists:
Harvey Arden, editor of Peltier’s Prison Writings: My Life Is My Sun Dance;
Barry Bachrach, Peltier attorney;
Dennis Banks, co-founder of the American Indian Movement (AIM);
Peter Matthiessen, Author of In the Spirit of Crazy Horse; and
Cyrus Peltier, Leonard’s grandson.
Banks spoke of the formation of the AIM & its being targeted by the Federal Bureau of Investigation (FBI).
“I didn’t know how far the government would go to silence… destroy a Movement or destroy human beings… magnificent human beings… We prepared & resisted.
“Defend. That word has a broad meaning for Native People,” Banks explained.
“It refers to the inner strength that propels one to save another. Cries for help came to AIM. AIM responded. Leonard & those with him provided security for elders.”
“Leonard’s extradition & the trial were the worst fabrication I’ve seen in all my life… From extradition to parole… It’s all a sham. They say he is a terrorist. Leonard is a father, grandfather, great-grandfather… They are the terrorists.”
Barry Bachrach, attorney, then gave an overview of the Peltier case in which he showed actual FBI documents that prove their own misconduct & the truth about the government’s activities on the Pine Ridge Reservation.
Peter Matthiessen spoke of the treatment of the Peltier case by the media & the parallels between the turbulent 1970s & today. He reminded reporters that the same lab that today is reported to do shoddy work & provide false testimony is the very same FBI lab that fabricated evidence in the Peltier case.
Matthiessen also spoke of his long fight to bring his book, In the Spirit of Crazy Horse, to print. Harassment against the book began even before most copies had been shipped by the publisher. In 1983, William Janklow, a powerful figure in South Dakota politics & twice elected governor, asserted the book libeled him. Matthiessen maintains that he only told the truth about the events leading to the 1975 shootout & its aftermath & Janklow’s role in such events.
“It was a $24 million lawsuit, backed up by FBI SA David Price. The two legal teams worked together… something I think must be illegal. In my single interview with SA David Price, no part of which he ever disputed, he told me he did nothing without the approval of his superiors. I believe he brought the lawsuit because he was told to do so. This was the same man who led the FBI march to the White House to pressure Bill Clinton not to approve Leonard’s petition for clemency. & Janklow claimed credit for convincing Clinton not to approve clemency. Janklow’s recent problems? I think he’s self-destructing. I think it’s an omen.”
The libel suits against Peter Matthiessen & his publisher were unsuccessful.
Peter reiterated Banks’ sentiment: “They’ve done what they can, but we’re still here. We’re not going away. None of us.”
“America is so proud of its human rights record. We go all over the world & don’t even take care of things right here at home… Well, I think it’s time for the United States to take a good look at itself.”
“… people don’t want to look at issues like Leonard Peltier’s case. I think they’re too ashamed to look at what has been done to the Indigenous Peoples of this land.”
Harvey Arden stated his belief that the Peltier case is “the lens through which to see the reality of now.”
Arden made no apologies for his approach to the media:
“I appeal to the heart,” he said. “Not the head. Listen to Leonard. Hear the man.”
Harvey then read excerpts from Leonard’s book, Prison Writings: My Life Is My Sundance.
Cyrus Peltier spoke of his grandfather & his relationship with him.
“My grandfather took me out of a dysfunctional home and, with the help of friends, he’s raised me. From a prison. He’s seen to it that I’ve had what I need. He teaches me about our traditions & spiritual beliefs. I’ve never spent any time with him outside of that prison. It’s time for the media to do their part to end the injustice. Now’s the time for my grandfather to come home.”
Barry Bachrach then explained the appeal that would be heard in two day’s time.
The discussion was followed by a question & answer period & the opportunity for journalists to conduct one-to-one interviews with the panelists.
DAY 2
September 18, 2003: Peltier Forums.
Auraria Campus (Denver) & Colorado University (Boulder)
Forums were held for students & faculty of both educational institutions. The Forums were arranged on Leonard’s behalf by Professors Glenn Morris & Ward Churchill. The event at the Auraria Campus was co-managed by the Native American Student Organization. Panel participants included Russell Means; David Hill; Delaney Bruce (standing in for Barry Bachrach who had cancelled due to illness); Peter Matthiessen; & Harvey Arden who spoke to standing-room-only audiences.
Russell Means, after a dramatic reading from Leonard’s book by Harvey Arden:
“I listen to those words… & it pisses me off.”
Means, a prominent figure in the Indigenous Rights movement, spoke at length about how Leonard epitomizes how Indian People are treated in America, & how he is in prison for his People & all people who dare to stand up for their rights in the face of oppression.
“Leonard represents all Native Peoples. Our struggles. Conditions at Pine Ridge are no better. They’re worse. My People are dying.”
Speaking to the young students, Means said, “The government misconduct, corruption. It’s all you’ve known all your lives. This isn’t how things are supposed to be.”
Russell challenged the young people to be proactive with their government in changing the genocidal politics towards Indigenous Peoples that continues to this day.
An audience member & member of the LPDC legal team, Attorney Mike Kuzma also spoke about the status of the lawsuits that have been launched on Leonard’s behalf to obtain government documents still being withheld by the FBI over 27 years after the Pine Ridge shootout.
“What possibly could be of a national security interest to the U.S. government? What could
possibly be of a national security interest about a small Indian village (Oglala) of only about 200 people?” Matthiessen asked. “What are they afraid of? I believe they’re afraid of the truth.”
Mike Kuzma
September 18, 2003: The Mercury Café
Peltier supporters came from all over the city to attend the benefit held at The Mercury Café. The event, facilitated by Rocky Rodriquez, was a huge success.
The evening began with words from spiritual leader Wallace Black Elk. Spiritual leaders Charles Bear Robe & George Tinker were also in attendance. Entertainment was furnished by Robby Romero & Jim Page, well-known singers & songwriters. A showing of Warrior, a documentary by Suzi Baer, was also well received.
A Colorado AIM drum also was in attendance. The AIM Song, as well as the Peltier Song, were an integral part of the night’s activities. (Note: We didn’t get their full names, but the two main drummers were Joe & Jose. Thanks, Bros.)
The celebrants all had a good time. We say celebrants because they celebrated the life of Leonard Peltier. His spirit. There was serious talk, but there was laughter. Leonard likes to laugh too.
By midnight, everyone had gone home for a few hour’s rest.
Day 3
September 19, 2003: The Hearing
At 7:00 a.m., LPDC staff & the legal team, as well as family & friends, gathered at the Byron White U.S. Courthouse. They had a long wait. They talked quietly amongst themselves as they waited for the court to be called to order at about 9:00 a.m.
The legal team had prepared for weeks, even meeting with Leonard twice in the last several weeks prior to the hearing. The night before the hearing, the legal team sequestered themselves and, assisted by Peter Matthiessen, made their final preparations.
Barry Bachrach presented the oral arguments in support of a new full parole hearing for Leonard Peltier. Carl Nadler presented the rebuttals to the government attorney’s remarks. Bruce Ellison sat at table & assisted his colleagues.
The three-judge panel appeared well-informed & proved to be attentive as the legal team asked the court to order a full parole hearing for Leonard Peltier.
The legal team says the hearing went well. They are guardedly optimistic about the outcome. The ruling of the court is not expected to be issued for several months, perhaps more. Additional information will be released as details become available.
When those who had attended the hearing walked from the courtroom, they were greeted by the sound of drumming & singing. Looking out of the window, they saw hundreds of supporters outside the courthouse. They had marched from the Capitol building to the courthouse steps.
Organized by Colorado-AIM & heavily promoted by the LPDC; f
acilitated by Glenn Morris; & attended by spiritual leaders George Tinker, Charles Bear Robe, & Wallace Black Elk, the rally at the Capitol building (and, later, at the courthouse) & march were far & above our expectations.
Led from the Capitol building by the drum & sacred staffs, as well as color flags; & in the presence of elders & spiritual leaders, the march began with about 250 people. The number of marchers quickly swelled until they completely filled the street for a full city block.
At the courthouse, speakers included Len Foster, Russell Means, Barry Bachrach, & David Hill.
The courthouse rally was well attended – even by numerous nervous federal officers. In one humorous conversation with a LPDC staff person, a federal officer noted that he would retire soon & immediately grow his hair long, wear an earring, & join the protesters in the streets.
September 19: Art Exhibit
At 3:00 p.m., an exhibit of 15 of Leonard’s paintings opened at the Quetzalli Gallery in Denver. A reception that was held from 7:00 to 11:00 p.m. was well attended. The exhibit was open until late the following day, day 4, September 20.
We thank the Gallery owners, Rogelio Rodriguez & Cristina Caamaño, for so graciously welcoming us to their establishment & making this beautiful exhibit happen, & for giving folks from Denver & surrounding areas the opportunity to experience Leonard’s art.
The LPDC would like to send special thanks to:
Harvey Arden
Barry Bachrach
Dennis Banks
Charles Bear Robe
Vernon Bellecourt
John Bertucci & the Free Speech TV crew
Wallace Black Elk
Gail Bundy
Cristina Caamaño
Margaret Carey
Center for Constitutional Rights
Ward Churchill
Peter Coyote
Jean Day
Bruce Ellison
Len Foster
Peter Gerling
Robert Greenwald
Kit Helton
Andrea Hornbein
Jim Hughes
International Peltier Forum
Zorianna Klymochko
KOLA
Carol Kreck
Mike Kuzma
Sheron Leonard
Jack Magee
Peter Matthiessen
Mark David McCreary
Russell Means
Glenn Morris
Retta Morrison
J. Mudry
Carl Nadler
Native American Student Organization, CU-Denver
Oglala Commemoration
Nancy O’Rourke
Jim Page
Cyrus Peltier
peltiersupport@lists.riseup.net
Robert Prince
Keith Rabin
Lisa Reinhold
Rocky Rodriguez
Rogelio Rodriguez
Robby Romero
Stephanie Schwartz
Rhonda Smith
George Tinker
Douglas Vaughn
Ernesto Virgil
Daniel Cheng Yang
If we’ve forgotten anyone, we apologize. There are many, many people — past & present — who have brought us this far & have sacrificed in many ways.
We’re family — not always together or in agreement, but always family. Leonard Peltier is our focus, our Native Peoples our heart. The struggle of the LPDC is & always will be synonymous with Indigenous & human rights organizations worldwide that also seek to eliminate oppression.
To our many partners, we ask that when you pray & say, “All My Relations,” you remember us.
David Hill, Director
LPDC
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