Sunday, August 22, 2010

The Wrongful Conviction of Leonard Peltier: It's OK to be wrong

An interview with Innocence Project Co-Director Peter Neufeld at Slate.com explores the causes of wrongful convictions and the reluctance of some police and prosecutors to admit errors. Neufeld tells interviewer Kathryn Schulz:
If a prosecutor or a detective is totally unable to admit they’re wrong in one case, what that tells you is that they will be making dozens and dozens more erroneous decisions, because they’re not allowing new information to affect
their views…. I think generally speaking it’s difficult for people to admit they’re wrong, and the higher the stakes, the more difficult it becomes. So what you really want to do is educate people that it’s OK to be wrong. It doesn’t mean you’re a fool. It’s not going to be the end of your life.
Read the full Q&A here.

Other quotes:
The primary cause [of wrongful conviction] is mistaken identification. Actually, I wouldn't call it mistaken identification; I'd call it misidentification, because you often find that there was some sort of misconduct by the police. In a lot of cases, the victim initially wasn't so sure. And then the police say, "Oh, no, you got the right guy. In fact, we think he's done two others that we just couldn't get him for." Or: "Yup, that's who we thought it was all along, great call."

The second most common cause [of wrongful conviction] is the misuse of forensic science other than DNA. In most of our cases, DNA [identification] didn't exist at the time of the conviction, so prosecutors relied on other types of forensic science. It could be serology, which was the old A/B/O blood typing. It could be bite marks. It could be fingerprints. It could be other forensic disciplines: tire marks, shoe print comparisons, fiber comparisons [, ballistics]. None of these is bulletproof—some of them aren't even credible—so we see a lot of wrongful convictions stemming from those.

And there are several other very common causes as well. You have police and prosecutor misconduct. You have incompetent defense attorneys. You have jailhouse snitches, who as you can imagine are not the most reliable sources. And you have false confessions. Twenty-five percent of wrongful convictions involve false confessions. Most people can't imagine why anyone would ever confess to a crime they didn't commit, unless they were beaten into it. But these people weren't beaten. They wouldn't even meet the legal definition of coercion. It's just that the [interrogation] methods that are effective for getting confessions from guilty persons are so powerful that they net innocent people as well—particularly innocent people who are juveniles or have some kind of intellectual impairment or mental health problem.

I think what happens is that prosecutors and police think they've got the right guy, and consequently they think it's OK to cut corners or control the game a little bit to make sure he's convicted. The thinking goes, "God forbid a guilty guy go free because of smart lawyering by the defense" or what have you. They're so convinced that they are right that they feel exempt from behaving right. They don't realize that it's wrong to be unethical. And not just because it could convict an innocent person. It's simply wrong to be unethical.



Sunday, August 15, 2010

A New Peltier Chapter in Austin, Texas

Please join us in welcoming our newest support chapter.

LPDOC Chapter - Austin, TX, USA
Coordinator: Linda Roberts
firefly817@msn.com or RainCrow817@gmail.com

Saturday, August 14, 2010

Seattle: Peltier Must Go Free

On Friday, August 13, the 3rd Circuit Common Law Court convened in Seattle, WA, to hear evidence in the Peltier case. This action on the part of activists in Seattle demonstrates that Peltier enjoys support from across the entire political spectrum. As we have said before, Peltier's case isn't a matter of left vs. right, but of right vs. wrong. Regardless of one's politics, upon hearing all the facts of the Peltier case, people most often conclude that Peltier's case is fraught with injustices and that Peltier's conviction should not be allowed to stand.

The issue addressed at Friday's hearing was whether or not Peltier's civil rights have been violated. Presided over by Chief Justice Patricia Johnson-Holm Shupe, the jury decided that Peltier's rights have been violated and he should be immediately released. The jury also decided to proceed with the Grand Jury to bring indictments on multiple charges against those who violated Peltier's civil rights.

Caveat: Federal and state governments do NOT recognize common law courts. However, do you agree that the courts, politicians, and government officials have followed the tenets of the U.S. Constitution when it comes to the case of Leonard Peltier? If you don't, then demand that the officers of the courts, politicians, and government officials uphold their oath to defend the Constitution. Let your voice be heard. (And don't be afraid of being called "silly" by Ed Woods, the former FBI agent who runs the No Parole for Peltier Association. He is one of those folks who took an oath to defend the Constitution. Nice to know he thinks that responsibility -- everyone's civic responsibility -- is "silly". That kinda tells the tale, doesn't it?)

We'll share more information on the findings of the jury as it becomes available.

Common law activists argue that "common law" is independent of other legal systems, rather than all being part of a whole. According to common law doctrine, the common law originated in the Middle Ages to protect property rights. The American Revolution destroyed allegiance to the British crown, but kept common law rights of property. This situation made every man "sovereign" over his own property. Neither Congress nor state legislatures nor county or city ordinance nor judicial ruling by any courts could deprive people of their common law rights and grievances were to be settled by common law juries which decided the facts and the law of the case.

Reading List

Have You Thought of Leonard Peltier Lately? by Harvey Arden
In the Spirit of Crazy Horse by Peter Matthiessen
Prison Writings: My Life Is My Sun Dance by Leonard Peltier
The Trial of Leonard Peltier by Jim Messerschmidt

Thursday, August 12, 2010

September is Peltier Month: Attend an Event Near You

September Calendar of Peltier Events


September 12

Celebrating Leonard Peltier
34 Years of Standing Strong

Honor Leonard Peltier for his 66th birthday
Help build the movement to bring about
Leonard's release from prison.

American Indian Education Center (AIEC)
749 Story Rd. (at Remillard)
San Jose, CA 95122

Program:

-- Update on Leonard Peltier
-- Statement by Leonard Peltier
-- Sign birthday cards to Leonard
-- Join us for a birthday meal & cake

Save the date! Bring your family & friends!

Sponsored by LPDOC Chapter - Silicon Valley, CA, USA. For more information, contact Donna (h) 408-293-4774 or (cell) 408-569-6608; also email: FreeLeonardPeltier@hotmail.com.

---

Berkeley, CA: Peltier birthday event @ La Pena Cultural Center, 3105 Shattuck Avenue, Berkeley, CA‎ - (510) 849-2568‎ - from 7:00 to 9:30 p.m. Sponsored by AIM-WEST and the LPDOC Chapter - Northern California, USA. For more information: http://aimwest.info/.

---

Albuquerque, NM: Birthday Party for Leonard Peltier sponsored by the Jericho Chapter of Albuquerque and the LPDOC Chapter - Albuquerque, NM, USA. 5:00 to 9:00 pm. @ Albuquerque Center for Peace and Justice, 202 Harvard, SE, Albuquerque, NM 87106.

It's a Potluck! Bring a dish to share and your "spare" coins for Leonard's commissary account.

Contact Paulette D'auteuil at albq.jericho@gmail.com or Peter Clark at lpsupport@whoisleonardpeltier.info for more information.


September 20-28

Bergen Community College, Paramus, NJ, and the LPDOC Chapter - Toms River, NJ, USA Present: Native American Heritage Week and Intertribal Pow Wow

Speakers:

Sep 20 - Clyde Bellecourt, Co-Founder, AIM
Sep 21 - Bill Means, International Indian Treaty Council
Sep 22 - Bruce Ellison, Leonard Peltier Legal Team
Sep 23 - Chief Duane Perry, Ramapough Lenape Nation
Sep 24 - V. Blackhawk Aamodt, Film Maker, The Ghost Riders

Pow Wow on 24-25 Sep 2010

For information, contact Raymond Rubiano, LPDOC Chapter -Toms River, NJ, USA at 732-644-1682 or Ray@allamericancrow.com.

More announcements to come or visit our Calendar of Events.






Wednesday, August 11, 2010

Call to Action: Support COINTELPRO Political Prisoners, Prisoners of War, and Exiles

DISTRIBUTE WIDELY! ENDORSEMENTS NEEDED!

Efia Nwangaza, Co-Author UN Reports on COINTELPRO/Civil Rights Era Political Prisoners, Prisoners of War, and Exiles (PP/POW/Exiles), State Repression

On November 5, 2010, U.S. Secretary of State Hillary Rodham Clinton and Attorney General Eric Holder will represent the United States in its first human rights compliance assessment by the Universal Periodic Review (UPR) Working Group of the United Nations Human Rights Council. The review will be a public, interactive dialogue between Clinton and Holder and member and observer States of the Council based on reports submitted by the U.S. government, the UN's Office of the High Commissioner for Human Rights (OHCHR), and individual and organizational U.S. stakeholders. The Working Group, sits in Geneva and is composed of 47 regional member States (countries) of the Human Rights Council.

At the end of the review, the Working Group adopts an outcome document with recommendations. It is subsequently considered and adopted by the Human Rights Council at a later session. The United States will indicate which recommendations it supports or accepts and these, among other things, become the basis for future evaluations. Under the auspices of the U.S. Human Rights Network's UPR Project, COINTELPRO/Civil Rights Era Political Prisoners, Prisoners of War, Exiles and Domestic Repression, among other issues, has been submitted for the United States' examination.

Unlike the Bush administration which walked out of the 2001 UN World Conference Against Racism (WCAR) and Obama's failure to appear at the 2009 WCAR Review, the U.S. will be present with cabinet level representation for its UPR review. Hillary Clinton and Eric Holder's presence suggests that the Obama Administration sees the UPR as a useful forum in which to advance its global charm offensive. Clinton, "elevating the role of diplomacy along with defense" in foreign relations abroad, and Holder, symbolizing the embodiment of human rights enforcement at home, will attempt to maintain the myth of the U.S. as human rights standard bearer. On one hand lecturing African governments about corruption rather than acknowledging the continuing impact of colonialism and, on the other, holding a 3 day "Young African Leaders Forum" at the White House challenging them to "bring change to their countries by standing up for freedom, openess, and peaceful disagreement."

Both Clinton and Holder have dealt with the issues of political prisoners and state repression before. Holder, as assistant attorney general under Bill Clinton, processed the well deserved commutation of the sentences of 16 FALN (Puerto Rican Independistas) and 2 North American Anti-imperialists. Hillary Clinton, running for U.S. Senate from New York, intially then later withdrew her support for their commutations. Although it continues to hold political prisoners, the Obama Administration chided Cuba for its agreement to release 50 "dissidents," "expressed concern over government repression" in Sudan, Zimbabwe, and North Korea, demanded an investigation of Scotland's humanitarian release of Libya's Abdelbaset Magrahi (so-called Lockerbie bomber), privatized U.S. prisons and allocated funds for "more humane" Afghan and Pakastani prisons to reduce "radicalization" of internees, and continued the Bush adminstration policy of withholding court ordered documents, and crack downs on whistle blowers and journalist.

As the United States attempts to re-brand itself, we must seize the moment to expose its continuing human rights violation, wrest the freedom of our comrades, and reclaim the dignity of our struggle.

TAKE NEEDED ACTION

1. Review, endorse, gather endorsements for the reports (www.ushrnetwork.org/campaign_upr;
http://www.ushrnetwork.org/sites/default/files/US_Political_Prisoners_Joint_Report_USA.pdfhttp://www.ushrnetwork.org/sites/default/files/Political_Repression_Joint_Report_USA.pdf), individually and organizationally, by end of business, Wednesday, August 11, 2010. CONTACT: lbaum@ushrnetwork.org and enjericho@aol.com

2. Share your human rights story with the UN through the USHRNetwork's Testify! Project (http://www.testifyproject.com/).

3. Organize local committee to learn and follow the UPR Process (http://www.upr-info.org/) and lobby, call/fax/e-mail elected representatives and the president, blog, write letters to editors of local newspapers and magazines and serve as a local organizing/response committee beyond November 5th.

4. Plan November 5th actions at embassies and consulates of UPR Working Group member States and U.S. federal buildings.