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Plan
of Action:
Your
Help Is Needed!
September/October
2002 Update
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Case
Update |
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-- Motion for
Reduction of Sentence
-- Freedom of
Information Act (FOIA)
-- High Speed
Scanner Up and Running
-- Civil Rights Suit
-- Habeas Corpus |
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Plan
of Action |
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-- Write Congress
-- Coordinate Local
Events
and Activities
to Raise
Awareness
-- Be Prepared
to Respond
to Calls
for Attendance
at Public
Hearings
-- Sponsor an
LPDC Speaker |
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Fundraising
Efforts |
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-- Participate
in LPDC Fund Drive |
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Case
Update
September
16, 2002 |
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Motion for Reduction of Sentence |
Come to the Hearing
in St. Paul, MN October 8th!
Attorney Eric
Seitz reports that a hearing on the appeal of the dismissal of
Leonard's Motion for Reduction of Sentence, from consecutive to
concurrent life sentences, has been scheduled. This hearing is set in
St. Paul, Minnesota, for October 8th, 2002. The arguments are just 15
minutes for and against. We expect prosecutor Lynn Crooks to come out
of retirement to oppose attorneys Seitz and Bruce Ellison. Hopefully,
the judges will find in Leonard's favor and directly resentence him.
In that event, the Parole Commission must grant an immediate hearing
with very little room to deny parole.
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Plan on being in
St. Paul on Oct 8th if you can make it! We need to pack the courtroom
to support Leonard. |
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Freedom of Information Act (FOIA) |
30,000 Pages Released
FBI Obstructing
Release of up to 100,000 More Pages
In June 2002, the
FBI was forced to release close to 30,000 pages of documents relating
to Leonard's case, referred to by the FBI as "RESMURS," for
Reservation Murders. The documents were released to Congressman
Barney Frank (D-MA), who said he was "only doing his job"
by responding to constituent requests for the release of the
documents. This is an excellent example of how sustained grassroots
organizing, letter writing, and lobbying can ultimately gain
significant advances.
Peltier Attorneys
Michael Kuzma and Barry Bachrach have now filed FOIA requests with
all FBI field offices said by FBI HQ to possess Peltier documents.
The FBI's lead FOIA agent says these documents may number close to
100,000 pages, in addition to the 30,000 just released. However, FBI
field offices have said that the scope of the inquiries outstrips
their capacity to process the documents, referring the requests to
FBI headquarters. This is clearly a stalling tactic, and a FOIA
lawsuit will soon be filed to force the FBI to follow the law. The
current plan of action includes letters to both the House and Senate
Committees overseeing Freedom of Information Act compliance.
In 1980, 12,000
documents were released through a FOIA suit, among them a ballistics
test report reflecting Leonard's innocence and prompting the
government to admit that they do not know who shot the agents. We are
convinced that even more critical evidence exists in the remaining
documents. Just one piece of new evidence could lead to Leonard's release. |
High Speed
Scanner Up and Running |
Thanks to many
generous donations, a very fast, state-of-the-art system has been
obtained by the LPDC to scan the 30,000 pages of FBI documents. This
will allow for the wide distribution of the documents to Leonard's
legal team and to others close to the case, for careful reading and
analysis. We will also develop a sophisticated digital archive of
these documents, as well as all the legal documents from Leonard's
case and the vast number of newspaper and other press reports on
Leonard. This will help in developing the civil rights suit (see
below) and will also be made available on our website, www.freepeltier.org |
Civil Rights Suit |
On April 4th,
2002, a Civil Rights Suit was filed against the FBI and other
government officials who made false and misleading statements to the
public, the Parole Commission, the Justice Department, and the
President. The FBI is actively evading the service of their summons.
This delay tactic is "classic FBI obstruction," according
to Peltier attorney Bernard Kleinman. The cost of serving summons,
when evaded, must be paid for by the defendants (in this case, the
FBI will pass the expense on to the taxpayers). However, until then,
the LPDC will need to cover these costs. Once the summonses are
served, and a hearing date set, the FBI and their lawyers will move
to have the suit dismissed. At that point, we will send out a call
for people to come to Washington, DC to pack the courtroom. |
Habeas Corpus |
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Painting of
Leonard by Debbie Kinson |
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Attorneys Carl
Nadler and Ramsey Clark filed a habeas corpus suit against the US
Parole Commission in 1999, challenging the repeated denial of parole
and the failure of the Commission to follow its own guidelines. The
suit has been fully briefed and languishing in the District Court for
three years. A writ of mandamus will be forthcoming to force the
court to render a decision on the case. Leonard and a fellow inmate
have filed a separate habeas motion in DC, addressing the failures of
the Kansas Court and the Parole Commission. |
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