Leonard Peltier: How Justice Miscarried

Leonard Peltier: How Justice Miscarried

Leonard Peltier has been in prison at Ft. Leavenworth more than 30 years for a crime he and many supporters say he didn't commit. He was convicted of killing two FBI agents in 1975 on the Pine Ridge Reservation during a "shoot-out." In order to understand what actually happened that day and why many people consider Peltier a political prisoner (Bolelli, 2005), it is necessary to know the historical context in which the incident took place and the government's attitude toward the American Indian Movement. In this essay, we will examine that context, look at the two trials that were held in connection with the shootings, and describe subsequent legal actions.

Three films have been made about the incident and the case: Incident at Oglala a documentary produced by Robert Redford (which this paper draws heavily upon), another documentary Warrior, and a fictionalized version Thunderheart. The film Incident at Oglala was based directly on a book written by Peter Matthiessen, in the Spirit of Crazy Horse, which describes the historical context and events that led to the shoot-out in 1975. The book was kept off the market for eight years until 1991 by a lawsuit that the FBI funded. Eight decisions later, the Supreme Court ruled that the book was free of libel, so it and the documentary are now available to the public. Although Peltier is known in foreign countries as a hero, and Amnesty International and others are fighting for him as a political prisoner, there is not much public awareness about him in the United States (Ortiz, 1992).

Historical Context

In 1890 after 25 years of war, the Plains Indians had to give in to the U.S. government -- not because they were militarily beaten, but because their economic base had been destroyed. The Army had killed 90 million buffalo in just a few years. After that, a Paiute Indian named Wowoka had a vision. He said if the Indians danced enough, white men would disappear and the buffalo would come back. Ghost dancing spread rapidly across the western half of the continent. Indians on reservations danced and danced -- almost to the exclusion of any other activities. The government became alarmed about the dancing, convinced that it meant an uprising, although the Indians lacked any resources to rise up (Ortiz, 1992). When government agents tried to stop the dancing, Big Foot and his people left the reservation. The government called for a list of "agitators" and Sitting Bull, the Lakota spiritual leader, was named. Troops were sent to the Pine Ridge reservation with a warrant for Sitting Bull's arrest. On December 15, 1890, federal police surrounded the people who lived there and killed Sitting Bull. His people fled and were pursued. Big Foot, as their leader, eventually raised a white flag, and the people were taken to an army camp on Wounded Knee Creek. They were to be taken to a military prison in Omaha the next day. That night the soldiers drank whiskey to celebrate their "victory." They knew some of the warriors who had defeated Custer were among the prisoners, so a desire for revenge may have played a part in their subsequent actions.

The next morning they searched the people for weapons and confiscated axes, knives and tent stakes. Then, they opened fire and killed all the unarmed Indians, 230 women and children and 120 men. No soldier was ever court-martialed or even reprimanded for this genocide. The Wounded Knee massacre is still referred to as a military battle in textbooks. Four men and 47 women and children lived to tell what happened, and every Sioux knows the story well (Ortiz, 1992).

Eighty years later, the Pine Ridge Reservation was the poorest in the country, neglected by the government, disease-ridden, poverty-stricken, and hopeless. A sense of defeat pervaded the place. The shoot-out in 1975 was part of a pattern of continued violence on the Reservation. Fear, anxiety and tension ran high. Pine Ridge was like a war zone. A state of civil war existed there between the traditional Indians who wanted to reinstate the old way of life and the progressives who were pro-government, pro-white, and pro-BIA (Bureau of Indian Affairs). The two factions were struggling for power. Dick Wilson, a progressive, was elected president of the Reservation. His administration was using government money for its own enrichment and not to meet the needs of the people. The stage was set for violent conflict (Incident at Oglala).

The American Indian Movement

The American Indian Movement (AIM) emerged in the 1960s during the civil rights era. It started in urban areas to protest oppression of the Indian people and to support their traditional way of life. They described themselves as "an indigenous, land-based spiritual movement, a call to Indian people to return to their sacred traditions and, at the same time, to stand firm against the tide of...European influence and dominance" (cited in Sanchez, Stuckey, and Morris, 1999).

The AIM tried to attract attention to Indian problems by demonstrating and protesting the government's refusal to honor its treaty agreements with the Indians. The government perceived the AIM activism as subversive, militant, and dangerous. A confidential FBI report written in 1974 titled, "The American Indian Movement: A Record of Violence," began: "Since 1971, the American Indian Movement (AIM) has engaged in activities which clearly indicate the organization's willingness to go beyond radical rhetoric and employ violence where desired" (cited in Sanchez, Stuckey, and Morris, 1999, p. 36). The reported supplied a list of 27 subversive events, but only a few even approached being violent.

After an AIM demonstration called "The Trail of Broken Treaties," the government agreed to form a task force and investigate Indian grievances. A report of their findings was to be sent to the President. The Task Force's report was only five paragraphs and less than one page long. It concluded, "We do not recommend any policy changes at this time" (cited in Sanchez, Stuckey, & Morris, 1999, p. 31).

Disappointed but undeterred, the AIM decided to seize the trading post at Wounded Knee on the Pine Ridge Reservation in order to draw attention to the community and to demand restoration of treaty agreements. The Pine Ridge community had used every legal means available to get the government to address more than 150 civil rights violations by the Wilson regime. In fact, White House files revealed "numerous letters from residents detailing the violent and illegal actions of Richard Wilson and his vigilantes (called Guardians of the Oglala Nation, or GOONs)" (Sanchez, Stuckey, & Morris, 1999, p. 38). The community asked AIM to stage a protest. AIM chose to occupy Wounded Knee because of the 1890 massacre that had happened there. Their occupation lasted 71 days. Government officials labeled the protest lawlessness and warned: "...the present well-publicized activities at Wounded Knee, with their wealth of symbolism, may well appeal to many more Indians and the membership [of AIM] may increase as a result" (Sanchez, Stuckey, & Morris, 1999, p. 32). Troops and police surrounded Wounded Knee, and two Indians were killed. Finally, the AIM gave up occupation, but afterward every member of AIM was arrested and charged with something. According to AIM members, they were political prisoners, jailed for dissent -- 90% of them dismissed or acquitted of the trumped up charges (Incident at Oglala).