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LPDCUpDates and Announcements!
Saturday, September 06, 2003From "Leonard Peltier Defense Committee" Date Sat, 6 Sep 2003 9:08 AM Subject LPDC Update: Schedule of Events, Denver, CO Appeal on Leonard Peltier's 1999 Habeas Corpus Petition: Oral Arguments September 19, 2003. Please plan to join us in Denver, CO, to show your support for Leonard Peltier. SCHEDULE OF EVENTS September 18 --Public Forum/Fundraiser The Mercury Caf , 2199 California Street, Denver, CO. Showing of Warrior by Suzi Baer; Readings from Peltier's "Prison Writings" by editor Harvey Arden; Musical Performance by Jim Page. 7:00 PM to midnight. Dining Available & Donations Welcome. 303/294-9281 September 18-20 --"In the Spirit: Art by Leonard Peltier" Exhibit. Location to be announced. September 19 --Candlelight March & Vigil. Sunrise Ceremony. March to the Federal courthouse. --Oral Arguments. Byron White U.S. Courthouse, 1823 Stout Street, Denver, CO. On the Block Between 18th & 19th Streets & Champa & Stout Streets in Downtown Denver. About 9:00 AM. Press conference following the hearing. Further details will be announced as information becomes available. Mitakuye Oyasin. In the Spirit of Crazy Horse, LPDC PO Box 583 Lawrence, Kansas 66044-0583 785-842-5774 785-842-5796 (Fax) info@leonardpeltier.org www.leonardpeltier.org Posted by Webmaster@AIMSupport.org 3:53 PM  From "Leonard Peltier Defense Committee" Date Sat, 6 Sep 2003 8:57 AM Subject LPDC Update: 10th Circuit Appeal Oral arguments will be heard before the 10th Circuit Court of Appeals in Denver, Colorado, on September 19, 2003, on Leonard Peltier's 1999 Habeas Corpus petition. For the first time, Peltier's attorneys will have the opportunity to argue in a Circuit other than the 8th Circuit where Peltier was convicted and all subsequent appeals have been denied. Background After Leonard's trial, based on documents obtained from the FBI under Freedom of Information Act requests, the legal team discovered that the government had withheld exculpatory evidence, including critical ballistics data. Specifically, the legal team discovered a memorandum by a ballistics expert dated October 2, 1975, that unequivocally ruled out the Wichita AR-15 (which was purportedly used by Leonard Peltier on June 26, 1975) as the alleged murder weapon. The improperly withheld evidence suppressed by the FBI struck at the heart of the government's case and the later Parole Commission findings which were upheld by the U.S. District Court in Kansas. In 1995, Leonard appeared for an interim parole hearing before the same hearing examiner who had presided over his initial parole proceeding in 1993. The examiner was moved by the government's statements, especially those by Assistant United States Attorney Lynn Crooks who had acknowledged that "the government does not know, insofar as having the evidence to sustain a conviction in court, that Leonard Peltier fired the fatal bullets into the agents." The examiner ruled in Leonard's favor. Dissatisfied, the U.S. Parole Commission appointed a second examiner who ruled against Leonard. The Commission then accepted the second officer's recommendation and reaffirmed that it would not reconsider Leonard for parole until December 2008. From then, the Parole Commission has steadfastly adhered to this position. The Appeal The Peltier legal team believes that the Commission has failed to adequately consider the impact of the critical exculpatory evidence that was improperly withheld by the government at trial and which completely undermines the facts relied upon by the Commission. On appeal, Leonard's legal team will strongly contend that the Commission erred because its finding that Leonard had been involved in an "ambush" of the two FBI agents on June 26, 1975, and had executed them at point blank range after they had been incapacitated: (1) is not supported by Leonard's convictions or the Eighth Circuit decisions addressing post-conviction petitions; (2) is not supported by the evidence before the Commission; and (3) is undermined by the material exculpatory evidence the government improperly withheld at Leonard's trial. In short, the legal team will argue that the U.S. Parole Commission's denial of parole to Leonard Peltier constitutes a violation of law, as well as being inconsistent with its own congressionally mandated guidelines. The denial of parole in this case, they say, is an abuse of power and discretion, and violates Leonard Peltier's constitutional rights. The Peltier attorneys will request that the appellate court issue an order that Peltier be given fair consideration for parole directly, under appropriate factors, which consideration should lead to his immediate parole. Mitakuye Oyasin. In the Spirit of Crazy Horse, LPDC PO Box 583 Lawrence, Kansas 66044-0583 785-842-5774 785-842-5796 (Fax) info@leonardpeltier.org www.leonardpeltier.org Posted by Webmaster@AIMSupport.org 3:50 PM NCMA will be hosting an online get-together on September 12th on the pal talk community chat site. Special guests will include Carter Camp, one-time national co-director of AIM. Some Mumia supporters also will join the online chat. If you can't make it to another function in your area to commemorate Leonard's birthday, your presence is welcome. Those wishing to attend this gathering via the Internet, can download the program at www.paltalk.com. You'll find the chat under the music forum. Mitakuye Oyasin. In the Spirit of Crazy Horse, Delaney Bruce LPDC PO Box 583 Lawrence, Kansas 66044-0583 785-842-5774 785-842-5796 (Fax) info@leonardpeltier.org www.leonardpeltier.org Posted by Webmaster@AIMSupport.org 8:32 PM birthday greetings (cards and letters) to Leonard at the following address: Leonard Peltier #89637-132 USP-Leavenworth PO Box 1000 Leavenworth, KS 66048-1000 Mitakuye Oyasin. In the Spirit of Crazy Horse, LPDC PO Box 583 Lawrence, Kansas 66044-0583 785-842-5774 785-842-5796 (Fax) info@leonardpeltier.org www.leonardpeltier.org Posted by Webmaster@AIMSupport.org 8:29 PM Freedom of Information Act (FOIA) Case In connection with attempts by the legal team to obtain documents still being withheld by the Minneapolis and Chicago FBI field offices, on August 15, 2003, Magistrate Susan Richard Nelson (U.S. District Court Minnesota) issued an order denying without prejudice Peltier's Motion for a Vaughn Index (a listing detailing the documents withheld and the FBI's reasons for doing so) and granting the FBI's Motion for a Stay of Proceedings. The magistrate concluded that exceptional circumstances exist where the resources of the FBI are inadequate to deal with the volume of FOIA requests it receives within congressionally mandated time limits. The magistrate also ruled that the FBI has shown due diligence in processing its requests. However, the FBI was instructed to give four-month updates and produce documents as they are reviewed. Peltier's lawyers will likely file a Motion for Reconsideration and/or seek further administrativeprocedures to hasten the production of documents. Peltier v. DeMain This defamation complaint alleges that Paul DeMain, managing editor of News from Indian Country, has made false and defamatory statements implying as fact that Peltier was involved in the murder of Anna Mae Aquash, as well as his being guilty of the shooting deaths of two FBI agents in 1975 a claim that even the U.S. government admitted (to the Eighth Circuit Court of Appeals) it cannot prove. DeMain submitted his response to Peltier's claims in late June. In compliance with the Federal Rules of Civil Procedure, lawyers for the plaintiff and defendant engaged in a settlement conference in August. Negotiations on the plan for the discovery phase for this case also are underway. Mitakuye Oyasin. In the Spirit of Crazy Horse, LPDC PO Box 583 Lawrence, Kansas 66044-0583 785-842-5774 785-842-5796 (Fax) info@leonardpeltier.org www.leonardpeltier.org Posted by Webmaster@AIMSupport.org 8:28 PM The Leonard Peltier Birthday Political/Cultural Celebration March and Gathering, scheduled for September 13 in Tacoma, WA, has regretfully been cancelled. The primary organizer of the event suffered a heart attack recently and could not fulfill the tasks he'd undertaken on Leonard's behalf. We wish him well and pray for a speedy recovery. Mitakuye Oyasin. In the Spirit of Crazy Horse, LPDC PO Box 583 Lawrence, Kansas 66044-0583 785-842-5774 785-842-5796 (Fax) info@leonardpeltier.org www.leonardpeltier.org Posted by Webmaster@AIMSupport.org 8:27 PM
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