Indigenous activist Leonard Peltier granted first parole in a decade: NPR

Native activist Leonard Peltier, who has spent most of his life in prison since his conviction for the murders of two FBI agents in South Dakota in 1975, had a parole hearing Monday at a Florida federal prison .

At 79, her health is deteriorating and if this parole request is denied, it could be a decade or more before she is considered again, said her lawyer Kevin Sharp, a former federal judge. Sharp and other supporters have long argued that Peltier was wrongly convicted and now say this effort could be his last chance for freedom.

“This whole hearing is a battle for his life,” said Nick Tilsen, president and CEO of the NDN Collective, an Indigenous-led advocacy group. “It’s time for him to come home.”

The FBI and its current and former agents dispute the claims of innocence. Peltier’s fight for freedom, embedded in indigenous rights movements, remains so strong nearly half a century later that “Free Peltier” T-shirts and caps are still sold online.

“Maybe it’s a little bigoted to take his side as some sort of hero, but he’s certainly not that; he’s a cold-blooded murderer,” said Mike Clark, president of the Society of former FBI special agents, in a letter. arguing that Peltier should remain incarcerated.

Here are some things to know about the case:

What happened in the 70s?

An enrolled member of the Turtle Mountain Chippewa Tribe, Peltier was active in the American Indian Movement, which began in the 1960s as a local organization in Minneapolis that fought issues of police brutality and discrimination against Native Americans. It quickly became a national force.

AIM made headlines in 1973 when it took over the village of Wounded Knee on the Pine Ridge Reservation, leading to a 71-day standoff with federal agents. Tensions between AIM and the government remained high for years.

The FBI considered AIM an extremist organization and had planted spies and snitches in the group. Sharp accused the government of creating what he described as a “powder keg” that exploded on June 26, 1975.

That’s the day agents came to Pine Ridge to execute arrest warrants, amid ongoing battles over Native treatment rights and self-determination.

After being injured in a shooting, Officers Jack Coler and Ronald Williams were shot in the head at close range. AIM member Joseph Stuntz was also killed in the shooting. The Justice Department concluded that a law enforcement sniper killed Stuntz.

Two other AIM members, Robert Robideau and Dino Butler, were charged with the murders of Coler and Williams.

After fleeing to Canada and extradited to the United States, Peltier was convicted and sentenced in 1977 to life in prison, despite defense claims that the evidence against him was false.

“You have a conviction that was riddled with misconduct by prosecutors, by the U.S. attorney’s office, by the FBI that investigated this case and, frankly, by the jury,” Sharp said. “If they try this today, he won’t be convicted.”

How did the FBI react?

FBI Director Chris Wray said in a statement that the agency was adamantly opposed to Peltier’s latest request for parole.

“We must never forget or set aside that Peltier intentionally murdered these two young men and never expressed remorse for his callous actions,” he wrote, adding that the case had been confirmed several times. taken up on appeal.

And the FBI Agents Association, a trade group that primarily represents active agents, sent a letter to the parole board opposing parole. The group said any early release of Peltier would be a “cruel act of betrayal.”

What is the legacy of the Native American movement?

Tilsen, a citizen of the Oglala Lakota Nation, credits AIM and others with most of the rights Native Americans enjoy today, including religious freedom, the ability to operate casinos and tribal colleges and to conclude contracts with the federal government to oversee schools and the like. . services.

“Leonard was involved in creating this, but he has not been available to be a beneficiary because he has been incarcerated for almost 50 years,” Tilsen said. “So he wasn’t able to enjoy the outcome of those victories and see how they changed and transformed Indian Country.”

When does the hearing take place?

The hearing is scheduled to begin at 11 a.m. Monday in a high-security lockup that is part of the Coleman Federal Correctional Complex. The Federal Bureau of Prisons said in a statement that the hearing was not open to the public.

Sharp, Peltier’s attorney, said the hearing will include witnesses for and against parole. Family members of the two slain FBI agents will be present.

Sharp expects the hearing to last all day. The decision must be rendered within 21 days. If parole is granted, there is a release process which should not take long. If denied, Peltier can consider his options for appealing to federal district court, Sharp said.

Parole was denied at Peltier’s last hearing in 2009, and then-President Barack Obama rejected a clemency request in 2017. Another clemency request is pending before President Joe Biden.