IMPORTANT REQUEST AND INFORMATION

Concerned readers and researchers are asked to take the time to read, in their entirety, the following very important decisions (including footnotes) in the Peltier case. These are not difficult to interpret and follow a logical development of Peltier's prosecution in the courts. It should become apparent that EVERY issue and allegation raised by Peltier's defense teams (and repeated by the Leonard Peltier Defense Committee) HAS BEEN REVIEWED and ANSWERED in the courts.

Court Decisions

USA v. Peltier, Appellant
U.S. Court of Appeals, Eighth Circuit
585 F.2d 314, 1978

Peltier's direct appeal raising the issues of prejudicial evidence, victimization by the FBI, refusal to reread testimony to the jury, violation of the Webster-Ashburton Treaty, and collateral estoppel. His conviction is unanimously upheld.

(This decision contains the repeated statement by the LPDC indicating that the FBI abused its investigative process regarding the Myrtle Poor Bear affidavits; the entire footnote follows):

Footnote 18. The use of the affidavits of Myrtle Poor Bear in the extradition proceedings was, to say the least, a clear abuse of the investigative process by the FBI. This was conceded by government counsel on the hearing in this court. It does not, however follow that the testimony of this obviously confused and "unbelievable" witness should have been permitted under either theory advanced by Peltier as hereinbefore set forth. See discussion, Supra, at p. 332 of this opinion. (Emphasis added)

Peltier V. United States
440 U.S. 945 (1979)

The United States Supreme Court reviews Peltier's direct appeal and denies Certiorari. Denying Certiorari (Cert.) allows the lower court ruling, in this instance the 8th Circuit Court of Appeals decision, to stand. Under current rules and practice of the Supreme Court, key elements of the proceedings below are submitted along with a petition, and under long-standing internal Court practice if four or more judges favor granting a petition for cert., it will be granted. In this instance at least six of the nine Justices agreed that there were insufficient Constitutional grounds to review Peltier's application.

USA v. Peltier
US District Court, District of North Dakota
553 F. Supp. 886, 1992 (December 29, 1982)

Response denying Peltier's motion to have Chief Judge Benson removed from hearing his 28 USC §2255* motion to overturn his conviction and grant a new trial. Judge Benson also reviews the possible reasons why Butler and Robideau were acquitted.

(*§2255 allows a prisoner to appeal his conviction alleging violation of his Constitutional Rights.)

USA v. Peltier
US District Court, District of North Dakota
553 F. Supp 890, 1982 (December 30, 1982)

Peltier applies under rule 28 U.S.C. §2255 to have his conviction vacated (overturned) and for a new trial based on "newly discovered evidence" from Freedom of Information Act requests claiming a violation of Brady v. Maryland. This decision addresses that evidence and allegations of perjury, etc, the Brady issue, and the Government's responsibility to disclose evidence to the defense. The court reviews this evidence and denies the motion, stating also, "As noted by the Court of Appeals," "the evidence of Peltier's guilt was strong."

USA v. Peltier, Appellant
U.S. Court of Appeals, Eighth Circuit
731 F.2d 550, 1984

Peltier appeals (second appeal) to the 8th Circuit Court of Appeals the decision of the District Court denying his §2255 motion to overturn his conviction and grant him a new trial. The Appeals Court affirms (agrees with) the lower court's decision not to be removed from Peltier's case. The Appeals Court reviews the law and testimony of FBI firearms expert Evan Hodge and the October 2, 1975 teletype. The case was remanded (sent back) to the District Court for an evidentiary hearing on the ballistic's issue relating to the "Wichita" AR-15 and the .223 caliber shell casing found in the trunk of Agent Coler's vehicle, and the October 2, 1975 teletype and October 31, 1975 FBI Lab report. The Court also stated:

"We do not mean to imply that the October 2 teletype establishes that the motives or actions of any FBI agent or government prosecutor were improper."

USA v. Leonard Peltier
U.S. District Court, District of North Dakota
609 F. Supp. 1143, 1985 (May 22, 1985)

The sequence of events concerning submissions (total of three) of hundreds of items of evidence to the FBI Laboratory and the timing of the examination of the "Wichita AR-15" and the .223 shell casing (item Q# 2628) found in the trunk of Agent Coler's vehicle are explored at length during an evidentiary hearing. The Court concluded, as a finding of fact, what the word "different" in the October 2, 1975 teletype meant and denied Peltier's §2255 motion based on an alleged violation of Brady.

USA v. Leonard Peltier
U.S. Court of Appeals, Eighth Circuit
800 F. 2d 772, 21 Fed. R. Evid. Serv. (September 11, 1986)

The Eighth Circuit court is critical of some aspects of the FBI investigation but reviews witness testimony regarding Peltier's actions on June 26, 1975, dispels allegations of wrongdoing and specifically addresses the .223 shell casing found in Agent Coler's trunk and the AR-15 weapons*. The Appeals court reviews the entire record and applies the law as it relates to the Brady (Brady v. Maryland) and Bagley (U.S. v. Bagley) tests and were not convinced that the Peltier jury would have found him not guilty.

(*It was later determined that the only other AR-15 weapons [capable of firing the .223 caliber round] present in the crime scene area [and which were fired and the shell casings collected as evidence] belonged to law enforcement personnel who responded to the scene after the initial shooting in an effort to rescue Agents Coler and Williams.)

Peltier V. United States
484 U.S. 822 (1987)

The United States Supreme Court reviews Peltier's second appeal and denies Certiorari. Denying Certiorari (Cert.) allows the lower court ruling, in this instance the 8th Circuit Court of Appeals decision, to stand. Under current rules and practice of the Supreme Court, key elements of the proceedings below are submitted along with a petition, and under long-standing internal Court practice if four or more judges favor granting a petition for cert., it will be granted. In this instance at least six of the nine Justices agreed that there were insufficient Constitutional grounds to review Peltier's application.

Peltier v. Henman
U.S. Court of Appeals, Eighth Circuit
997 F.2d 461, 1993 U.S. App. (July 7, 1993)

Peltier appeals based on a second 28 U.S.C. §2255 motion relating to: 1) An alleged concession by the prosecutor that the government changed its prosecutive theory and 2) Alleged government misconduct in connection with the investigation. This second §2255 motion was denied by the District Court. The Court of Appeals denies this application and reviews extensively the evidence that was introduced to the jury during his 1977, Fargo, ND, trial, and the remaining issues and allegations Peltier raised.

(The LPDC has repeatedly quoted the oral arguments before the Court of Appeals where the prosecutor Lynn Crooks stated, "But we can't prove who shot those agents." The defense, and later the LPDC's continued assertion of that statement, was taken completely out of context. The Court of Appeals deals at length with this statement presenting that it could have referred to the two sentences prior to this quote but more importantly gives numerous reasons why the government did not change its theory of the prosecution and quotes other statements of both Mr. Crooks and the Court of Appeals judges.)

Canadian Government
Minister of Justice, Anne McLellan
Peltier Extradition letter, 10/12/99

The Canadian Government makes its final review and decision regarding the facts surrounding Peltier's extradition from Canada based on the Myrtle Poor Bear affidavits and other evidence presented during an extradition hearing. The Minister of Justice states, "I have concluded that Mr. Peltier was LAWFULLY EXTRADITED from the United States".