In a recent "Your Voice" column (TNT, 12-24), retired FBI agent Alf McGunn stated that Leonard Peltier doesn't deserve clemency for his role in a 1975 shootout between two FBI agents and Indians at the Jumping Bull Ranch on South Dakota's Pine Ridge Reservation.

The shootout led to the deaths of agents Ron Williams and Jack Coler and an Indian defender, Joe Stuntz.

I was dismayed by the omissions and inaccuracies contained in Mr. McGunn's statement and even more so when I read that he had been an agent assigned to Pine Ridge during the 72-day siege to break the Indian occupation of Wounded Knee. As he was both an eyewitness and participant during that horrific time, I would have expected a more honest appraisal of the case.

Rather than debate him point by point, I would like to tell you the same story, except through the eyes of this Indian woman.

The early 1970s were a turbulent time on the Pine Ridge Reservation, a time we call the "Reign of Terror." The U.S. government-backed tribal council was in dispute with the" traditionals" over a proposal to turn over jurisdiction over one-eighth of reservation land containing uranium, gas, oil and gravel to the Department of the Interior.

There were charges of corruption, fraud and theft. The U.S. government provided funds, advisors and weapons to the tribalauthority. There were violent acts occurring daily: deaths of traditional men, women and children from gunshots, fire bombings and beatings. The traditionals called in the American Indian
Movement (AIM) for assistance.

In February 1973, 300 traditionals, AIM members and supporters occupied the village of Wounded Knee to draw attention to the conditions on the reservation. The U.S. government responded by sending in forces from the Bureau of Alcohol, Tobacco and Firearms, the FBI and the military. The confrontation grew violent. The siege lasted 72 days, and once again, there was death at Wounded Knee. No federal or local law enforcement officers were killed.

Following Wounded Knee, between March 1973 and March 1976, there were more than 200 killings on the reservation, 66 of which remain unsolved to this day. It was in this climate that Leonard Peltier, an AIM dog soldier, came to Pine Ridge. His role was the defense and protection of the people.

A camp was set up by AIM members and Pine Ridge families on the Jumping Bull Ranch. The youngest member of the camp was 12. On June 26, 1975, two FBI agents followed a vehicle to the Jumping Bull Ranch on suspicion that one of the occupants had stolen a pair of boots. Gunfire erupted between the agents and the camp. It's not clear how the shooting started.

Four of the warriors immediately led the elders, women and children away from the camp and into hiding. The rest stayed behind to cover their retreat. At the end of the firefight, two FBI agents and one Indian were dead. All had been killed by shots through their heads.

On the government's side, the question has always been: Who fired the fatal shots? On the Indians' side, the question has always been: How could the situation have escalated to a point where anyone died? Why didn't the government step in to mediate in 1972 instead of funding and supporting the terror?

Four men were eventually tried for the FBI agents' deaths. Three had been captured shortly after the incident, and Peltier had fled to Canada. Two were tried together and acquitted. Charges were dropped against the other. Peltier was extradited from Canada based on his admittedly false documentation.

Defense arguments used in the first trial were not allowed, and Peltier was found guilty of murder, even though there were no witnesses and the ballistics evidence was inconclusive.

At an appellate hearing, the government attorney conceded, "We had a murder, we had numerous shooters, we do not know who specifically fired what killing shots. We do not know who shot the agents."

Judge Gerald Heaney stated in an 8th Circuit Court opinion: "We recognize that there is evidence in this record of improper conduct on the part of some FBI agents (related to witness intimidation and falsifying evidence), but we are reluctant to impute even further improprieties to them."

At Peltier's parole hearing in 1995, federal prosecutor Lynn Crooks admitted again that no evidence existed against Peltier. Crooks further stated that the government never really accused Peltier of murder and that if the case were retried, the government could not convict.

The parole board did not grant Peltier's parole because he continues to maintain his innocence; it stated that he had not given a "factual and specific account of (his) actions consistent with the jury's verdict of guilt."

So why has Peltier been locked up for more than 24 years? Mr. McGunn stated it clearly: Someone has to pay for the deaths of the two agents.

I believe that Indian Country has paid enough for those deaths already. Beyond the 200 people murdered on the reservations, the families of those who died at Wounded Knee and the Jumping Bull ranch continue to pay. Indians who try to stand up to the government in defense of their homeland or their people know they too could end up in a prison cell like Peltier. He is the living hostage, the prisoner of war used to remind us that might makes right.

I admit that I'm probably as biased as Mr. McGunn, although I have made an effort to educate myself about the times, conditions and incident. I invite you to learn and judge for yourself. I would recommend the books, "The Trial of Leonard Peltier" by Jim Messerschmidt and "In the Spirit of Crazy Horse" by Peter
Matthiessen, or a video, "Incident at Oglala." To know the man, read Peltier's own book, "Prison Writings: My Life is a Sundance."

Literally tens of thousands of people today are pleading with President Clinton to pardon Peltier: scholars, religious organizations, unions, international governments, agencies and of course, Indians. If a pardon does not occur before President Clinton leaves office on Jan. 20, it is likely that Peltier will never see freedom.

I believe the most eloquent argument for his freedom I've heard comes from Coretta Scott King: "Mr. Peltier's unjust incarceration remains a festering sore that impedes better race relations in America. Surely the time has come to promote healing and a spirit of trust and genuine goodwill towards the Indian peoples of America with an act that serves both compassion and justice."

* Storm Reyes, of Puyallup Indian heritage, writes once a month as a guest columnist for the Perspectives page.

First Opened: November 13, 2000
Revised: June 2004