As He Awaits Release From Federal Prison, Leonard Peltier Is Still in Danger, Advocates Say

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In a different movie, you might find joyful conclusions or typical Hollywood resolutions. However, the conclusion of the film “Free Leonard Peltier” offers something quite distinct.

45 years after his imprisonment, David France and Jesse Short Bull chose to create a documentary about Leonard Peltier, a Native American activist. Currently serving two life sentences in a federal prison for the 1975 shootout at South Dakota’s Pine Ridge Indian Reservation where he allegedly killed two FBI agents, Peltier has consistently maintained his innocence. The FBI and various law enforcement agencies have been actively opposing any modifications to Peltier’s sentence.

The narrative unfolded as the arc of the “Free Leonard Peltier” movement, set to debut at the Sundance Film Festival on Monday. The tale appeared destined, much like many stories about Peltier, a near-legendary symbol of Native American autonomy and resistance, to culminate in disappointment for those yearning for his release. Indeed, legal teams and activist groups had consistently failed to make progress in the past, stretching back to the 1970s with numerous attempts and strategies.

Finally, last Monday marked the long-awaited resolution. In a dramatic turn of events, just 14 minutes before the end of his presidency, President Joe Biden granted clemency to Leonard Peltier. The Native American activist is set to be freed 30 days from this commutation, on February 18th, where he will complete the rest of his sentence under home confinement.

Nick Tilsen, an activist from the Oglala Lakota Nation and founder of the Indigenous-focused NDN Collective, stated to THR on Sunday that it was undeniably a close call due to the FBI intervening at the last moment and exerting significant power.

After receiving the news, the movie underwent a transformation – quite literally. Just a week prior, Free Leonard Peltier concluded with its elderly protagonist expressing his hope for release someday. However, the newly premiered version shown in Park City on Monday includes an updated ending. In this conclusion, Tilsen and other activists, including Holly Cook Macarro from Red Lake Nation, are seen rejoicing in a parking lot outside the Coleman Federal Penitentiary upon receiving the news. The activists and film crew had waited there for three days, hopeful but unsure if the order would arrive. It seemed unlikely.

Cook Macarro expressed concern, stating, ‘It seemed like the FBI was running out of time against us.'” or simply, “Cook Macarro worried, believing the FBI was running short on time.

The wait was agonizingly long, with each passing hour making success seem increasingly uncertain. On that very day, Biden and Trump were already taking their seats [during the inauguration], as France commented. And it had seemed impossible for so long. “We never thought it would happen at all,” France reflects, implying a dramatic turn of events. Now, the title of the movie has been rebranded to excite supporters, transforming from a verb to an adjective.

Although they rejoice, supporters are concerned about Peltier’s wellbeing. He is reported to be in ill health, battling numerous medical issues. Moreover, several figures in law enforcement view his release as abhorrent – an unforgivable mistake – which fuels apprehension among activists.

Tilsen warns that this current moment poses risks for Leonard due to the inadequacy of the facility to cater to his health needs, coupled with the fact that he’s been a long-time FBI target for 49 years. This time frame is potentially harmful to both his health and safety, and it’s crucial to clarify that he’s still not free from any legal constraints.

The film “France and Short Bull’s” is constructed using an interview with Peltier from prison, a conversation that took place more than four decades ago and since then he has been barred from public speech until the 1990s. This movie presents a story of a gunfight, contrary to the tit-for-tat escalation depicted by some mainstream media outlets, it portrays it as an incursion by the U.S. government onto Native American territories.

The gunfight led to the fatalities of agents Jack Coler, Ronald Williams, and Native American Joe Stuntz, an event that has since served as a symbol of contention for all parties involved. Many Native Americans view it as yet another instance of colonial oppression, while the FBI continues to regard it as one of their most daringly attacked incidents. To this day, they have vigorously advocated for the prosecution of the perpetrators. Notably, current FBI director Christopher Wray has been outspoken against any leniency in the sentencing of the main suspect.

Three indigenous individuals, each accused of the fatalities of FBI agents, saw different outcomes in their trials. Leonard Peltier was found guilty, whereas Robert Robideau and Dino Butler were declared not guilty. The case regarding the death of Stuntz remains unresolved.

The movie chronicles the event, combining original footage and reenactments, along with the subsequent legal proceedings. It also explores the issue of injustice, particularly focusing on the apparent fabrication of an affidavit used for Peltier’s extradition from Canada, as well as the refusals of parole and appeals that, according to the film, amount to a miscarriage of justice by sacrificing an innocent man on the altar of FBI concessions.

The attempts to grant Peltier’s freedom came the closest in 2000, as Bill Clinton was about to leave office and a pardon appeared imminent. However, it didn’t happen, a decision that created a divide between David Geffen, an advocate for Peltier, and the Clintons, which resonated all the way to Geffen supporting Barack Obama in 2008. This rift may have also reached Jeffrey Katzenberg, a partner of Geffen at DreamWorks, who supported Obama as well. The story takes on a full-circle quality after the 1992 documentary Incident at Oglala, narrated by Robert Redford and produced by the Sundance Institute, which also explored the killings of the agents.

Despite the potential benefits it could bring to his case for parole or pardon, Peltier persistently refused to admit guilt for the murders. Instead, in the movie, he stated that he was “guilty of fighting for my people’s rights; I am guilty of attempting to halt the oppression I have endured and witnessed among my own people.” However, he insists that he is not guilty of murder.

There’s no argument over the fact that Peltier fired his weapon on that particular June day. However, there’s a significant discrepancy between the government’s and Peltier’s versions of what transpired afterward. The prosecution claims he killed the agents in cold blood, while Peltier insists he was nowhere near them and maintains that he is being unfairly framed as a convenient scapegoat.

“People know where my heart’s at. I’m not a cold blooded killer,” Peltier says.

For many Native Americans, their personal experiences of perceived injustice at the hands of an indifferent U.S. government have echoed historical struggles. As Tilsen expresses in the movie, “Everything that’s happened to him reflects what has happened to Native American people throughout history.

The kindness shown, in turn, proved incredibly gratifying for her. “It’s a wonderful day to be Native American,” Cook Macarro expressed, upon hearing the news.

France points out that despite the commutation, many issues remain unaddressed, as the FBI has yet to confront its history in Native American communities, which is marked by sorrow and pain. He explains that by solely focusing on the suspected perpetrator, one avoids a thorough discussion of what truly transpired.

Tilsen says he agrees with that while also feeling the clemency on a personal level.

Uncle Leonard will be returning home, as he mentioned,” he said. “We’ll carry on shedding light on both his personal accomplishments and the significant role the American Indian Movement played in championing Indigenous and human rights issues.

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2025-01-28 03:55