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View Diary: If Putin can pardon Khodorkovsky, why can't Obama pardon Leonard Peltier ? (98 comments)

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  •  Uh, why were the FBI on the rez? (2+ / 0-)
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    YucatanMan, mimi

    A case about a "specific Native American"?  Then why were the Feds on Native American land?  What exactly were the issues surrounding the case?  How many times have Federal officials - be they the 7th Calvary or assholes from the FBI - killed Native Americans - including women and children?

    To say that any instance of a Native American resisting oppression  by the Feds may be framed as an issue of "a specific Native American" is just pathetically narrow-minded and obtuse..

    Fiat justitia ruat caelum "Let justice be done though the heavens fall."

    by bobdevo on Sat Dec 21, 2013 at 11:00:50 AM PST

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    •  They were on the land because of a totally (0+ / 0-)

      unrelated matter than the one between the band and the AIM. It was a needless tragedy.

      Rick Perry - the greatest scientist since Galileo!

      by Bobs Telecaster on Sat Dec 21, 2013 at 05:04:49 PM PST

      [ Parent ]

      •  Uh, when was the last time the fucking FBI (0+ / 0-)

        investigated a cowboy getting beat up?

        That's what they were on the rez doing?  Really, the FBI expends man hours on simple assault cases?  Or the FBI was running some kind of COINTELPRO on the Native Americans?

        You can't possibly be this obtuse. Here's a short list of problems with the

        Peltier case:
        Numerous doubts have been raised over Peltier’s guilt and the fairness of his trial, based on allegations and inconsistencies regarding the FBI and prosecution's handling of this case:

            FBI radio intercepts indicated that the two FBI agents had been pursuing a red pickup truck; this was confirmed by the FBI the day after the shootout ... but Leonard Peltier did not drive a red pickup truck. ...The FBI agents' radio message said that the suspect they were pursuing was driving a red pickup truck, with no additional details. At Peltier's trial, the FBI testified that it had been searching for a red and white van, which Peltier was sometimes seen driving. This was a highly contentious matter of evidence in the trials.

            Testimony from three witnesses placed Peltier, Robideau and Butler near the crime scene. Those three witnesses later recanted, alleging that the FBI, while extracting their testimony, had tied them to chairs, denied them their right to talk to their attorney, and otherwise coerced and threatened them.

            Unlike the juries in similar prosecutions against AIM leaders at the time, the Fargo jury were not allowed to hear about other cases in which the FBI had been rebuked for tampering with evidence and witnesses.

            An FBI ballistics expert testimony during the trial asserted that a shell case found near the dead agents' bodies matched the rifle tied to Peltier.. . .Years later, after an FOIA request, the FBI ballistics expert’s records were examined. His report said that he had performed a ballistics test of the firing pin and concluded that the cartridge case from the scene of the crime did not come from the rifle tied to Peltier. That evidence was withheld from the jury during the trial.[

            Though the FBI's investigation indicated that an AR-15 was used to kill the agents, several different AR-15s were in the area at the time of the shootout. Also, no other cartridge cases or evidence about them were offered by the prosecutor’s office, although other bullets were fired at the crime scene.[10][17] During the trial, all the bullets and bullet fragments found at the scene were provided as evidence and detailed by Cortland Cunningham, FBI Firearms expert, in testimony. (Ref US v Leonard Peltier Vol 9).

            At the conclusion of Peltier’s trial, the prosecutor closed his argument saying, "We proved that he went down to the bodies and executed those two young men at point blank range." However, at the appellate hearing, the government attorney conceded, "We had a murder. We had numerous shooters. We do not know who specifically fired what killing shots...We do not know who shot the agents.".[10]

            According to Peltier, when he appealed his first degree murder conviction in 1992, the charge was illegally changed to aiding and abetting.[18]

            The Pennsylvania Parole Commission, which presides over the Lewisburg prison where Peltier was held, denied Peltier parole in 1993 based on their finding that he "participated in the premeditated and cold blooded execution of those two officers." But, the Parole Commission has since stated that it "recognizes that the prosecution has conceded the lack of any direct evidence that [Peltier] personally participated in the executions of the two FBI agents."[19]

        Fiat justitia ruat caelum "Let justice be done though the heavens fall."

        by bobdevo on Sun Dec 22, 2013 at 01:06:02 PM PST

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