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Leonard Peltier Urgent Action

by LP Defense Committee Monday, Nov. 26, 2001 at 12:34 AM

URGENT ACTION! CALL and FAX Congress Urge DOJ Not to Oppose Motion to Reduce Leonard Peltier's Sentences

Friends:

Attorney Eric Seitz filed a motion last Friday, November 2, which seeks the reduction of Leonard Peltier's life sentences from consecutive to concurrent. We believe a reduction would obligate the Parole Commission to grant Leonard Peltier's release.

Please contact your Senators and Representative and request they urge the Department of Justice not to oppose the motion. Your Senators and Representative can be contacted through the Capitol Switchboard # 202-224-3121. If a D.C. office is closed, please call your local office.



Below are talking points for phone calls as well as a sample letter which can be faxed.

We encourage you to organize phone banks with weekly calls to your officials. If the justice department decides the reduction in sentence is merited, the judge will likely grant the motion. Thank you for your continued support!



In Solidarity,

LPDC

--------------------------------------------------------------------------------



TALKING POINTS:

1. Thank you for taking my call during this difficult time. I admire your continued commitment to your constituents despite the difficult circumstances you are working under. I am calling in regard to Leonard Peltier, the Native American activist who has been unjustly imprisoned for over 25 years. Amnesty International considers Mr. Peltier to be a "political prisoner who should be immediately and unconditionally released." Worldwide support for his release comes from countless human rights organizations and people of conscience, including, amongst others, Archbishop Desmond Tutu, the National Congress of American Indians, Rev. Jesse Jackson, and the U.N. High Commissioner on Human Rights.

2. Mr. Peltier was charged with the murders of two FBI agents who were killed in a shoot-out on the Pine Ridge Reservation in the midst of local political strife in which dozens of Native Americans were also killed. Mr. Peltier was sentenced to two consecutive life sentences based on the contention that he personally shot the agents.

3. The case against Mr. Peltier was rife with FBI misconduct, including the utilization of false testimony, coercion of witnesses, and concealment of critical evidence. In contrast, the killings of Native Americans during the same time were rarely investigated.

4. At trial, the FBI withheld a ballistic test reflecting Mr. Peltier's innocence and refuting the government's most critical evidence. The discovery of the lab report, acquired through a FOIA lawsuit, prompted the US Attorney to admit, "we can't prove who shot those agents." Yet, a new trial was denied based on a legal technicality by a judge who now supports Mr. Peltier's release.



5. Mr. Peltier's attorney, Eric Seitz, has just filed a motion seeking the reduction of Mr. Peltier's life sentences from consecutive to concurrent. The motion argues that the judge who originally sentenced Mr. Peltier was misled to believe Mr. Peltier shot the agents, and the sentences meted were therefore grossly disproportionate and unfair. We believe a reduction in sentence would obligate the Parole Commission to release Mr. Peltier.

6. Mr. Peltier is now 57 years old and his health is deteriorating. From prison he has achieved a remarkable record of humanitarian achievements including annual Christmas drives for the children of Pine Ridge, contributions of his art to assist battered women's shelters and substance abuse programs, and the establishment of a Native American scholarship program.

7. The reduction of Mr. Peltier's sentence would not only bring a long overdue end to his term in prison, but would also bring closure to a symbol of injustice against all Native Americans. Please contact the Department of Justice and ask them not to oppose the motion. (Case # C77-3003).

--------------------------------------------------------------------------------



Sample Letter:

The Honorable _____

U.S. Senate

Washington DC 20510

The Honorable _____

U.S. House of Representatives

Washington DC 20515



Dear Senator/Representative:



Thank you for accepting my letter during this difficult time. I admire and respect your continued commitment to your constituents despite the difficult circumstances you are forced to work under.



I am writing in regard to Leonard Peltier, the Native American activist who has been unjustly imprisoned for over 25 years. Amnesty International considers Mr. Peltier to be a "political prisoner who should be immediately and unconditionally released." His release is also supported by Archbishop Desmond Tutu, the National Congress of American Indians, Rev. Jesse Jackson, and the U.N. High Commissioner on Human Rights amongst many others.

Mr. Peltier was charged with the murders of two FBI agents who were killed in a shoot-out on the Pine Ridge Reservation in the midst of local political strife in which dozens of Native Americans were also killed. Mr. Peltier was sentenced to two consecutive life sentences based on the contention that he personally shot the agents.

However, the case against Mr. Peltier was rife with FBI misconduct, including the utilization of false testimony, coercion of witnesses, and concealment of critical evidence. In contrast, the killings of Native Americans during the same time were rarely investigated.

At trial, the FBI withheld a ballistic test reflecting Mr. Peltier's innocence and refuting the government's most critical evidence. The discovery of the lab report prompted the US Attorney to admit, "we can't prove who shot those agents." Yet, a new trial was denied based on a legal technicality by a judge who now supports Mr. Peltier's release.

Mr. Peltier's attorney, Eric Seitz, has just filed a motion seeking the reduction of Mr. Peltier's life sentences from consecutive to concurrent. The motion argues that the judge who originally sentenced Mr. Peltier was misled to believe Mr. Peltier shot the agents, and the sentences meted were therefore grossly disproportionate and unfair. We believe a reduction in sentence would obligate the Parole Commission to release Mr. Peltier.

Mr. Peltier has already served over 25 years in prison. He is now 57 years old and his health is deteriorating. From prison he has achieved a remarkable record of humanitarian achievements including annual Christmas drives for the children of Pine Ridge, contributions of his art to assist battered women's shelters and substance abuse programs, and the establishment of a Native American scholarship program.

Mr. Peltier's release would not only bring a long overdue end to his term in prison, but would also bring closure to a symbol of injustice against all Native Americans. Please contact the Department of Justice and urge them not to oppose the motion. (Case # C77-3003).

Thank you for your time and attention to this matter.



Sincerely,



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