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Text 8153, 167 rader
Skriven 2010-06-05 16:25:27 av Roy Witt (1:387/22)
   Kommentar till text 8095 av Ward Dossche (2:292/854)
Ärende: Free Peltier
====================
05 Jun 10 00:49, Ward Dossche wrote to Roy Witt:


 RW>> "Peltier was responsible for the close range execution of FBI
 RW>> agents..."

 WD> On June 26 1975, about 99 years after Custer's defeat at the Little
 WD> Bighorn, FBI Special Agents Jack R. Coler and Ronald A. Williams
 WD> entered the Jumping Bull complex at the Pine Ridge Reservation in the
 WD> mistaken belief they were following a car containing a young man
 WD> Jimmy Eagle they wished to arrest for the theft of a pair of cowboy
 WD> boots.

A 1966 red and white Chevrolet Suburban to be exact. A color of vehicle
known to be driven by Jimmy Eagle.

 WD> Not being able to stop the vehicle on a dirtroad they opened fire
 WD> with small weaponry, during the "Reign of Terror" at Pineridge the
 WD> FBI figured they could get away with anything.

Actually that isn't true. They stopped on the open road and were waiting
for the red and white vehicle to leave a house on the top of that ridge,
aka Pineridge.

 WD> The indians at the complex returned fire with high-powered rifles and
 WD> killed their attackers of whom they had no idea they were FBI-agents
 WD> serving a warrant...

The indians at the complex, without warning, OPENED fire on both agents
with AR-15 rifles, the civilian version of the M-16. They're semi-auto vs
automatic fire.

 WD> after all, they came riding down a dirt-road firing their weapons.

The agents were standing on open ground with nothing to defend themselves
against high powered rifles but six shot, .38 revolvers. One each agent.

 WD> Leonard Peltier fled to Canada and in his absence Bob Robideau and

Before fleeing to Canada, Leonard Peltier drove the red and white vehicle
to where the agents were (who were merely wounded at that time) and gave
them the 'coup de gra' to the head, twice each agent.

 WD> Darelle "Dino" Butler were prosecuted for the death of the Federal
 WD> agents. A Federal jury in Rapid City found them "not guilty' on
 WD> grounds of self-defense.

Even though they too were firing at the agents, from the house on top of
Pineridge.

 WD> In the meantime Peltier had been arrested in Canada and extradited to
 WD> the US in a false affidavit by Myrtle Poor Bear claiming to be his
 WD> girlfriend and having overheard Peltier brag about the killings.

Myrtle Poor Bear's sworn affidavits only served to gain the extradition of
Peltier from Canada. She was not a witness for the prosecution, but for
the defense.

 WD> However, Myrtle Poor Bear never knew Peltier at all and declared her
 WD> statement had been forced out of her under pressure. When Peltier
 WD> went to trial the defense wanted to put Myrtle Poor Bear on the
 WD> witness stand as that would mean freedom for Peltier but the judge
 WD> threw her statement out.

Myrtle Poor Bear, out of hearing of the jury, testified as an "offer of
proof" by the defense to show the judge why her testimony was relevant and
should be heard by the jury. She signed the affidavits, she said, because
two FBI men "told me that they were going to plan everything out and if I
didn't do it I was going to get hurt." The judge found her false
affidavits "irrelevant."

 WD> Three witnesses placed Peltier, Robideau and Butler near the crime
 WD> scene. They later recanted, alleging that the FBI had tied them to
 WD> chairs, denied them their right to talk to their attorney, and
 WD> otherwise coerced and threatened them.

And the jury didn't believe them because they were allowed to make a
decision of their veracity by the preponderance of the evidence, of which
the defense had no, errr, defense.

 WD> Years later, after a Freedom of Information request, the FBI
 WD> ballistics expert's records were examined. His report stated that he
 WD> had performed a ballistics test of the firing pin and concluded that
 WD> the cartridge case from the scene of the crime on which the trial
 WD> hinged did not come from the gun tied to Peltier. That evidence was
 WD> withheld from the jury during the trial.

Actually, the firearm in question had been damaged beyond being operable.
Which anyone who knows about firearms would know - you can't test a
damaged non-working firearm. There was also a suggestion by the defense
that while the weapon was in the crime lab, someone removed the firing pin
and placed it in a similar weapon. LOL!

 WD> Even worse, at the trial the prosecution claimed that the cartridge
 WD> case found at the crime scene matched perfectly. A total lie but
 WD> upheld by the judges in subsequent hearings and appeals.

The cartridge cases at the scene of the dead FBI agents were those used to
murder the agents. The agents didn't have weapons that fired the same
round. ( the agents had .38s vs Peltier's .223 or 5.56nato in the AR-15s).

 WD> At the appellate hearing, the government attorney also conceded: "We
 WD> had a murder. We had numerous shooters. We do not know who
 WD> specifically fired what killing shots...We do not know who shot the
 WD> agents."

 The U.S. Court of Appeals again heard oral arguments in October 1985.
Judge Gerald Heaney recalled that prosecutor Lynn Crooks had said Peltier
was "the man who came down and killed those FBI agents in cold blood." To
another judge's question, Crooks then said, "But we can't prove  who shot
those agents."

In a murder trial with more than one suspect, as in this case all three
were on trial, even though two weren't in the court room, nor were they
charged, but previously aquitted. Which doesn't matter, since they were
known to be involved in the killing of the agents.

The evidence shows that there was more than one shooter from the house on
the top of Pineridge and it is true that they cannot prove that any one
person shot the agents. However, someone went down to where the agents
were lying and shot them to death. If two are caught, tried and aquited,
the one who ran off to Canada to escape prosecution has to be guilty in
the eyes of a jury who have the evidence before them to ponder.

 WD> The Pennsylvania Parole Commission denied Peltier parole in 1993
 WD> based on their finding that he, "participated in the premeditated and
 WD> cold blooded execution of those two officers." However, the Parole
 WD> Commission has since stated that it "recognizes that the prosecution
 WD> has conceded the lack of any direct evidence that Peltier personally
 WD> participated in the killings of the two FBI agents.

In spite of what the parole board state, Peltier will remain in the
Pennsylvania Federal Prison until his parole date in 2040 or his death.

 WD> After 34 years Peltier remains in prison for the simple reason that
 WD> all legal avenues have been walked. Despite overwhelming evidence to
 WD> the contrary which surfaced later, he is unable to secure a retrial
 WD> which would aquit him.

Even the USSC denied hearing his case because of the evidence that is
stacked against him.

 WD> Interesting detail. David Geffen (the 'Rock Music David Geffen'),
 WD> billionaire and militant Peltier supporter withdrew his financial
 WD> backing for the campaign of Hillary Rodham Clinton and started
 WD> supporting Barack Obama because as he admitted he became
 WD> disillusioned by Bill Clinton's refusal to pardon Peltier in
 WD> circumstances where he pardoned Marc Rich.

Even a crook knows when his peers are guilty.

 WD> Quite likely this provided Barack Obama the funds to continue his
 WD> campaign and eventually win the Presidency.

LOL! Doubtful.

 WD> Robert Redford made a good movie about the shoot-out at Pine Ridge
 WD> and the subsequent events surrounding Leonard Peltier: "Incident at
 WD> Oglala".

Redford is a nut case himself.

                R\%/itt

 "Peltier was responsible for the close range execution of FBI agents..."
--- Twit(t) Filter v2.1 (C) 2000-10
 * Origin: SATX Alamo Area Net * South * Texas, USA * (1:387/22)