Lawyers for Imprisoned American Indian Activist Say Sentence Was Illegal

[NNN0LHI]

http://ap.tbo.com/ap/breaking/MGB7H8NGS2E.html

FARGO, N.D. (AP) - Lawyers for imprisoned American Indian activist Leonard Peltier say the government did not have the right to try him for crimes that occurred on a South Dakota reservation.

Peltier, 60, is serving life in prison for the killing of two FBI agents during a 1975 standoff on the Pine Ridge Indian Reservation. He was convicted in 1977.

In a motion filed Wednesday in federal court, Peltier's lawyers claim the sentence is illegal and he should be released from federal prison in Leavenworth, Kan.

"The federal jurisdiction ... under which my client was convicted and sentenced depended on the location of the alleged crime, not against whom the crime was allegedly committed," attorney Barry Bachrach said in a statement issued after the motion was filed.

Because the crimes were committed on the reservation, the federal court had no jurisdiction, he said.

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[knowbody0]

1. the trial was a joke

he's an elder now and still a giant of a man

[bluedonkey]

2. He was innocent

There was no proof he did the killing!Witnesses were bought and intimidated!

[G_j]

3. good for them

though with Peltier, its hard to feel optimistic. He could very likey die in prison.
I will never forgive Clinton for not pardonong him. :cry:

[xxqqqzme]

6. yes big dog

should have pardoned him.

[Swamp Rat]

4. That's right.

Those FBI agents were trespassing on sovereign lands out of their jurisdiction. The people who unlawfully imprisoned him should finish the sentence in his place. The U.S. government has been doing this for a long time... where's Noriega?

[bhikkhu]

5. I had hoped, if Kerry was elected,

to make a campaign for a presidential pardon. Another reason for Nov 3 despair...but this is good news. So long has gone by with nothing.

[Freddie Stubbs]

16. Niether Jimmy Carter nor Bill Clinton pardoned him

And Kerry certainly didn't have a word to say about this.

[burrowowl]

7. It sure was

and I'll never forgive Clinton for not pardoning or giving him clemency and yet he pardon a Repuke rich ass R

:mad: :mad: :puke: :mad: :mad:

[KSAtheist]

22. Unrealistic attitude.

Look at it this way. No matter how bogus the evidence, no matter how questionable the trial, Peltier was convicted of murdering two FBI Agents in a court of law. Pardoning him would unleash a shitstorm of unprecedented proportions, and would poison any relationship a future democratic president could form with the justice department.

Far easier to pardon a white collar criminal. Yes, it would cause hemming and hawing, but it would blow over.

[hlthe2b]

8. Heavens... why didn't they try this defense before? The Tribe is a

Sovereign Nation, after all...

I sure as hell hope he gets out. Pelltier was worth some political capital, Big Dog--unlike most of those you did pardon....

[Bono71]

13. I know little about this case, and even a smaller amount of the

status of the "sovereignty" of Indian tribes, except that, I beleive the power of the federal government is supreme, including power of the tribes...I may be wrong, but I have been part of some casino development and I believe this is the case.

[hlthe2b]

14. Clearly Sovereigny has not been judged to be absolute... But, I don't

believe that the Federal Appeals Courts have looked specifically at crimes on the Reservation--for which the tribe has jurisdiction--which violate Federal Law. This is a Supreme Court issue, for sure. I don't know the specifics of the casino cases, but I have to wonder if the difference may not be casino development ON and OFF the reservation, which is a recent trend. I don't think Feds can regulate casinos ON the reservation.

[geek tragedy]

18. The tribes have authority only over minor crimes.

One can be tried for both the federal and state crime with no fear of double jeopardy, as well.

[hlthe2b]

21. Thanks for the clarification....

[Swamp Rat]

9. kick

[RebelOne]

10. Check out his artwork. He is very talented.

http://www.humanrights.de/doc_en/archiv/u/usa/lpdc/artwork.html

[hlthe2b]

15. Yes... he certainly is.

[0007]

11. bttt

....:bounce:
:kick:

[elemnopee]

12. One of America's Political Prisoners

Peltier is a political prisoner.

[Freddie Stubbs]

17. Under that line of reasoning

Manuel Noriega should also be released because he did not commit his crimes on US soil.

[WarNoMore]

19. Such a travesty.

Just today I gave a toot and a thumbs up for someone's bumper sticker that said "free Peletier"

[William Bloode]

20. Hahahahahaha!!!!!!!

Thats what being brown gets you in this country!

No surprise here, they have benn screwing us of native blood for quite sometime now. Don't reckon it'll change much with this "cowboy" administration.