From: nyt%nyxfer%igc.apc.org@MIZZOU1.missouri.edu (NY Transfer News)
Subject: NEWS:Supporters Pack Peltier Hearing/ww
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Originator: daemon@pencil.cs.missouri.edu
Organization: The NY Transfer News Service
Resent-From: "Rich Winkel" <MATHRICH@MIZZOU1.missouri.edu>
Date: Mon, 16 Nov 1992 23:48:49 GMT



Via The NY Transfer News Service * All the News that Doesn't Fit


                 SUPPORTERS PACK PELTIER HEARING

                        By Leslie Feinberg

Lawyers for imprisoned American Indian Movement warrior Leonard
Peltier finally had the opportunity to appeal his conviction in
front of a three-judge panel in St. Paul, Minn., on Nov. 9.

Leonard Peltier has served almost 17 years in prison for the
deaths of two FBI agents during an FBI shoot-out on the Pine
Ridge Reservation on June 26, 1975. Two other AIM members
indicted in the deaths had been acquitted on all charges.

Peltier's supporters packed the courtroom and lined up in the
halls, straining to listen to the hearing. More than 300 people
rallied for Peltier outside the federal court house.

A fund-raiser for Peltier at the Minneapolis Institute of Art on
Nov. 8 drew an overflow crowd--300 were seated and 200 more
jammed the hallway.

Later that day 500 Peltier supporters turned out to share a
pot-luck supper and hear speakers on the case. Proceeds benefited
the Peltier Defense Committee. The event drew reporters from NBC,
ABC, CNN, PBS, three Canadian channels and three European
free-lance writers.

A prayer vigil and rally outside the federal court house began at
7 a.m. on Nov. 9 and drew hundreds of people--Indian, Black,
Latino, Asian and white. Speakers from community groups and
activists from the anti-nuclear and political prisoners movements
demanded freedom for Peltier.

The demand that the U.S. government free Leonard Peltier has been
joined by millions of people from countries around the world.

FLAWS IN PROSECUTION CASE

Attorneys for Peltier argued that his constitutional rights were
violated in the original trial and subsequent appeals. They
charged that the government fabricated evidence, coerced
witnesses to lie on the stand, and allowed FBI agents to perjure
themselves.

In addition, the lawyers pointed out, the prosecuting attorney
switched from charging Peltier with firing the fatal shots to
claiming that he aided and abetted in the slayings. However, Lynn
Crooks, an Assistant U.S. Attorney who was one of the original
prosecutors, had told the jury that convicted Peltier that the
Indian activist was seen shooting the agents at close range.

In appeals court this week, Crooks fumbled for an explanation.
"We had numerous shooters," he said. "We didn't know who fired
which killing shots."

Judge Daniel Friedman asked for clarification: "What do you mean
by `know'?" Crooks admitted that the government lacked a witness.
"That seems to me quite significant," Friedman remarked.

An additional issue in the hearing was the charge by 55 members
of Canada's Parliament that Peltier's illegal extradition from
Canada led to his conviction. Dianne Martin, a Toronto law
professor, filed an amicus brief on behalf of the members of
Parliament arguing that the wrongful extradition was based on
false affidavits presented by the U.S. government.

Martin said this was the first time members of the Canadian
Parliament have intervened in a criminal appeal in a U.S. court.

The outcome of this hearing won't be announced for 30 to 60 days.
It could result in a new trial on charges of aiding and abetting
rather than first-degree murder, a commutation of Peltier's
sentence to time served, or an evidentiary hearing.

Supporters will also press president-elect Clinton to live up to
the statement he made in Florida during the recent campaign that,
if elected, he would review Peltier's case and consider a pardon.


(Copyright Workers World Service: Permission to reprint granted
if source is cited. For more info contact Workers World, 46 W. 21
St., New York, NY 10010; "workers" on PeaceNet; on Internet:
"workers@mcimail.com".)



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