Attorney: Release Peltier documents

By Carolyn Thompson, Associated Press Writer | Tuesday, September 14, 2004

Previous Page

Share

• del.icio.us
• Digg
• NewsVine
• Fark

Print

Email

BUFFALO, N.Y. — An attorney for imprisoned American Indian activist Leonard Peltier accused the government Monday of withholding documents in the case to cover up its own misconduct 30 years ago.

Michael Kuzma asked a federal judge to order the release of all documents from the FBI's Buffalo field office as part of the larger effort to free Peltier, 60, who is serving life for the killing of two FBI agents during a 1975 standoff on South Dakota's Pine Ridge Indian Reservation.

Earlier this year, the FBI released 797 of the 812 pages compiled by Buffalo investigators but withheld 15 pages, citing national security and foreign relations concerns.

Department of Justice attorney Preeya Noronha told U.S. District Judge William Skretny the Freedom of Information Act, under which the documents were released, provided for such exemptions.

Kuzma said the government's explanation for the exemptions was too vague.

"Making these broad statements, invoking 9-11, to shield this 30-year-old material is outrageous," he said.

Saying the government mishandled the investigation early on, Kuzma charged the true purpose of fighting the documents' release was "to shield further misconduct from the public spotlight."

Peltier was convicted in 1977 of killing Ronald Williams and Jack Coler during the reservation standoff and was sentenced to consecutive life sentences at Leavenworth, Kan. He denies he was responsible. Supporters claim Peltier was unfairly targeted because of his political activism.

The 10th U.S. Circuit Court of Appeals in Denver took the government to task over the case while denying Peltier a parole hearing in November. "Much of the government's behavior at the Pine Ridge Reservation and in its prosecution of Mr. Peltier is to be condemned," the ruling said. "The government withheld evidence. It intimidated witnesses. These facts are not disputed."

Noting "what appears to be the clearly established government misconduct," Skretny said he may opt to privately review the withheld documents in deciding whether to order their release.

"I can't just rubber stamp the claim that the exemption applies here," Skretny said.

Noronha said the FBI has acted in good faith in handling the numerous requests for documents related to Peltier.

The Buffalo material is among tens of thousands of pages generated by FBI field offices nationwide and being sought by Peltier supporters seeking to have his conviction overturned.

The already released documents outline agents' work as they checked with informants, including sources within the Seneca Indian Nation in western New York, and followed up on suspected Peltier sightings before his arrest.

The withheld pages, Kuzma said, may be "the kind of things that would help in an attempt to secure a new trial."

Skretny did not immediately rule on the request.

On the Net:

Peltier defense: http://www.freepeltier.org

Clemency opponents: http://www.noparolepeltier.com