Following Parole Hearing, Peltier Awaits Decision on His Release from Prison

By Isaac White

Leonard Peltier, a well-known Indigenous activist and a central figure in the American Indian Movement (AIM), faced the parole board in a hearing that could determine the remainder of his life. Serving two consecutive life sentences for the deaths of two FBI agents in 1975, Peltier's bid for freedom has garnered international attention, invoking a broad spectrum of support from human rights advocates to global leaders. This recent parole hearing, his first in over a decade, comes as perhaps his final chance at release amidst ongoing debates over the fairness of his trial and the humanitarian concerns due to his advancing age and declining health.

Peltier, now 79, has long been a symbol of the struggle for Native American rights. He was actively involved in AIM, which emerged in 1968 as a response to systemic discrimination and injustices faced by Native Americans. The movement, founded by leaders such as Dennis Banks and Clyde Bellecourt, sought to revitalize Indigenous traditions, advocate for the recognition of treaty rights, and restore tribal lands.

Peltier's legal troubles began following a confrontation on June 26, 1975, at the Jumping Bull Ranch in South Dakota. During the clash, two FBI agents, Ronald Williams and Jack Coler, were fatally shot. Peltier was convicted in 1977 of aiding and abetting the murders and sentenced to two consecutive life terms.

Leonard Peltier's trial has often been criticized not only for the handling of evidence but also for the broader context in which it was conducted. During the mid-1970s, AIM was under significant surveillance by the FBI as part of its broader efforts to monitor and suppress political dissent.

The climate of mistrust and aggression between federal authorities and AIM activists set the stage for a highly contentious trial. Peltier's supporters argue that the trial was less about justice for the slain FBI agents and more about delivering a punitive message to the activist movements of the time.

New examinations of the case have revealed that critical evidence might have been manipulated to fit the prosecution’s narrative. An FBI ballistics expert initially linked shell casings found near the agents' bodies to a rifle associated with Peltier.

However, it was later revealed through FOIA requests that contradictory ballistics evidence was suppressed by the prosecution, undermining the reliability of the forensic evidence presented at trial. This key information, which could have significantly impacted the jury's verdict, was not made available during the original trial, raising serious questions about the integrity of the proceedings.

Moreover, the conduct of the trial itself has been widely criticized. Several jurors reported feeling intimidated by the presence of FBI agents in the courtroom, an unusual and potentially coercive element that might have influenced the trial’s outcome. The cumulative effect of these factors—evidence suppression, an intimidating trial atmosphere, and procedural anomalies—casts a long shadow over the fairness of Peltier’s conviction, contributing to the ongoing calls from international human rights organizations for his case to be revisited.

Leonard Peltier's latest parole hearing, held on June 10, unfolded over an extensive seven-hour session at the Coleman Maximum Security facility in Florida. During the proceedings, Peltier's legal team, including attorney Moira “Mo” Meltzer-Cohen, presented a comprehensive argument for his release.

Meltzer-Cohen emphasized Peltier’s advanced age, deteriorating health, and nearly five decades of maintaining his innocence, arguing that these factors merit reconsideration of his life sentence. She highlighted that despite the potential for a confession to facilitate his release, Peltier has consistently proclaimed his innocence.

Adding to the gravity of the hearing, attorney Kevin Sharp reflected on the emotional weight of the situation for Peltier, stating, “He wants to go home and he recognizes this is probably his last chance. But he feels good about presenting the best case he can,” underscoring the deep personal stakes involved.

The parole board is expected to make a decision by July 1, taking into account the extensive testimonies from medical and re-entry experts, letters of support from the community, and significant backing from prominent figures that Peltier's counsel presented during the hearing.

Peltier's health has significantly declined during his decades of incarceration, compounding the urgency of his plea for parole. He has struggled with diabetes, suffered partial blindness, undergone open heart surgery, survived an aortic aneurysm, and endured multiple bouts with COVID-19, which further aggravated his already fragile health condition.

Despite significant support from various international leaders and human rights groups, strong opposition remains regarding Leonard Peltier's release. The FBI has consistently expressed its resolute stance against granting Peltier parole, citing the denial of numerous appeals and his brief escape from a California prison in 1979. The agency argues that the gravity of Peltier's convictions and his actions while incarcerated underscore the necessity of upholding his life sentence.

Over the years, Leonard Peltier's case has garnered support from a diverse array of global figures renowned for their advocacy in human rights and social justice. Luminaries such as Nelson Mandela and Bishop Desmond Tutu have publicly called for Peltier's release, recognizing the case as a significant human rights issue.

Additionally, spiritual leaders including Pope Francis and the Dalai Lama have expressed their concern over the fairness of Peltier's trial and his continued imprisonment. Celebrities and artists, have been vocal about injustices faced by Indigenous peoples, highlighting the international attention and outcry his imprisonment has attracted.

The parole process involves a meticulous examination of the inmate’s case. An examiner reviews all available evidence and hears testimony from witnesses. This process is critical in establishing whether Peltier, given his health and age, could safely be reintegrated into society.

The examiner’s recommendation is then reviewed by at least one other examiner and, ultimately, a parole commissioner, who has the final say. If there is disagreement, a second commissioner must review the case and either concur with the initial commissioner or the examiners to reach a conclusion.

Indigenous communities and numerous supporters remain steadfast in their advocacy. A coalition of senators, including Elizabeth Warren, Bernie Sanders, and Mazie Hirono, sent a letter to Attorney General Merrick Garland earlier this year, urging a compassionate release for Peltier, which they believe aligns with principles of justice and mercy.

If parole is approved, Peltier will start the release procedure. If rejected, he has the opportunity to appeal to a federal district court.