An Apology as Insulting as the Injustice

By Adam C. Hasbargen
Contributing Writer

On December 19th, 2009 President Obama signed into law the “Native American Apology Resolution.” It states that it was created, “To acknowledge a long history of official depredations and ill-conceived policies by the Federal Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States.”

The 1890 Wounded Knee Massacre was listed as one of the mistakes, and in 1973 the site of this event was used to protest the conditions on the Pine Ridge Indian Reservation in South Dakota by the American Indian Movement. This protest set into motion a series of events that eventually led to the death of two FBI agents on the reservation and the subsequent life sentencing of Leonard Peltier.

Currently Leonard Peltier remains in prison, and on September 12th of this year he was moved from a disciplinary control unit at a federal prison in Lewisburg Pennsylvania to a maximum security section at a federal prison in Coleman Florida. According to Delaney Bruce, the communications director for the Leonard Peltier Defense Offense Committee, his transfer took place because of “disciplinary measures” that the committee is currently challenging.

Delaney calls the move “puzzling” as it is 2000 miles away from his Nation, Turtle Mountain, and Delaney states that the Federal Bureau of Prison has regulations that require inmates to be as close as possible to their home. She states that the larger distance from his supporters and family is “causing hardship in communications and in getting him legal services.”  However Delaney expressed minor relief that some of Peltier’s medical concerns have been addressed, but she states that he remains in questionable health.

According to prison documents and Delaney, Peltier’s current battle is over a 20 pound Swedish note that was sent to him by a supporter, and a faulty light socket that shocked a prison guard. This shock lead to a charge of assault against Peltier, a situation that Delaney finds unusual as Peltier was not present when the guard was shocked, and it was Peltier’s previous upper bunk cellmate that altered the socket so he could turn the light on and off from the top bunk and not have to use the light switch. The shock occurred when the prison guard pulled on the wires. Because of this, Peltier is currently under restrictions at Coleman that involve the loss of many privileges. Delaney states that the current charges looming on his record will be an issue for future legal recourse for Peltier.

These current charges against Peltier are just part of his decades long battle with the United States legal system. Many argue about his innocence or guilt, but often lost in the Peltier debate is the situation and conditions in which the incident took place.

On October 14th 20/20 had a special on the Pine Ridge Indian Reservation that put a spot light on the region, they describe it as a 3rd world country. Pine Ridge may be apart of the United States, but it is miles away in development. Unemployment is at 75%, with half the population under the poverty line. Officials also declare the region a “health catastrophe” because of the rampant rates of diabetes and overall poor health. 80% are considered addicted to alcohol. Teen suicide rates are well above the national average. Men only live to the average age of 58, and woman only to the average age of 66. These stats are second only to Haiti in the western world.

The current crisis in Pine Ridge is a result of United States policy, beginning with “Manifest Destiny”. This idea led to stolen land, exploited resources, Bison slaughtered, heritage stripped, and the theft of their offspring. The Native peoples suffered a full attack on their culture that was most pronounced by this taking of their children to boarding schools, where they attempted to “kill the Indian and save the man.” Peltier was one of the children in these boarding schools. His hair was cut, his language forbidden, his ways repressed, and if him and his classmates did not cooperate, they were beaten.

The ripple effects of United States colonization continued through the 1970’s as Pine Ridge had the unfortunate distinction as being the murder capital of the world. 60 residents were found killed in a span of three years. These murders were from a war between “Traditionals”, that wanted to keep ownership of the land, and non-traditionals, that were advocating for monetary gain from the land. The non-traditionals were led by Dick Wilson and his self proclaimed “Goon Squad.”

The FBI was called in to investigate.  According to William Muldrow, the Regional Director of the United States Commission for Human Rights, the FBI came off as neutral to dismissive of Wilson’s terrorist activities and acted confrontational to the actions of the American Indian Movement and the Traditionals, thus giving tacit support to Wilson and the Goon Squad that lead to what is know locally as the “Reign of Terror.” Muldrow states that this spree of murders on the reservation by Wilson led to a heightened fear that caused the Traditionals to call out for support to protect them from harm. Leonard Peltier and other AIM activists took up the the call and came to Pine Ridge to defend them.

On June 26th 1975, FBI agents William and Coler were executing an arrest warrant for an individual and gave pursuit of the vehicle they thought he was in. According to Muldrow, this chase led them “in unmarked cars and clad in civilian clothes” onto the ranch with “an Indian family with small children”. Anxieties were high and “it was in this climate of fear and tension that the two FBI agents were shot in a fire fight.”

Leonard Peltier, Robert Robideau and Dino Butler were charged in the death of the FBI agents William and Coler. While Peltier awaited extradition in Canada, Robideau and Butler went on trial and were found not guilty by reasons of self-defense and evidence of FBI tampering.

Peltier was soon extradited from Canada on testimony from Myrtle Poor Bear that was later found to be false; she also claims that it was coerced from her by the FBI on threat of violence. Despite this, Peltier’s trial began and the judge put through an order that muted many things: the talk about the poor conditions on the reservation, the evidence of FBI tampering, and the ever present fear of murder from the Goon Squad. This muting greatly limited Muldrow’s testimony that was integral in the self-defense case that freed Robideau and Butler. Myrtle Poor Bear was also not allowed to testify.

Peltier’s trial hinged on ballistics evidence that in a later appeal was found to be questionable, the appeal found that the FBI withheld a telex that stated Peltier’s gun had a different firing pin from the gun that killed the agents. This information was not known to the jury. Leonard Peltier was found guilty and sentenced to life.

The changes in the condition of Peltier’s trial in comparison to Robideau and Butler’s trial is why Amnesty International and other world leaders have called his trial unfair and are demanding Peltier’s release. Just this last week The National Congress for American Indians unanimously passed a resolution of freedom for Peltier.

These messages from respected organizations and leaders has been also recognized by the Occupy Wall Street groups. In New York recently OWS had a day of solidarity with an Indigenous rally that had a “Free Leonard Peltier” banner leading the way. The Denver Occupy movement went a step further and ratified an “Indigenous platform” that included a clause that advocates for Peltier’s immediate release. Despite the years in prison, his case is still garnering public notice.

The Leonard Peltier Offense Defense Committee is working to build on this notice by organizing the “Leonard Peltier Walk for Human Rights.” It starts in California and ends in Washington DC. They hope to raise awareness for human rights in general, and about future legal recourse for Peltier. The options they still have are: challenging the parole petition, executive review and executive clemency. They hold out hope that Obama will sign Peltier’s release. They also wish to hold the FBI accountable for their wrongdoings that occurred on Pine Ridge and throughout the Native American Nations by holding congressional hearings on the matter. There are numerous documents related to the Peltier’s case that have been unreleased due to “national security.” The group is calling for these to come out in the open.

Delaney says that they are “building momentum” and that “it’s nice to see people waking up.”  Her group and all Leonard Peltier supporters hope that this awakening will be enough and that Obama will see that the events that led to Peltier’s conviction were a product of the United State’s “ill conceived policies”, and bring him home.

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