A member of the American Indian Movement, who has claimed his innocence throughout nearly half a century in prison, is set to turn a new page in his life under an arguably controversial decision by President Joe Biden. The individual in question is Leonard Peltier, who spent almost his entire life in prison due to his alleged involvement in the unfortunate murder of two FBI agents in South Dakota in 1975.
As per the latest reports, Peltier will soon be enjoying the more relaxed conditions of home confinement after being awarded a life sentence commutation by Biden. However, several observers have unhappily noted that such a measure fecklessly overlooks the severity of the crime committed, concerning the killing of FBI agents on the Pine Ridge Reservation in South Dakota.
Biden, in his commutation announcement, mentioned the deteriorating health of Peltier and his extended tenure in prison. The move was seen as tasteless by those who observe that having ‘most of his life in prison’ was a consequence of his crimes, and not a mitigating condition. Additionally, Peltier will not be pardoned for his heinous crimes, a decision that makes the commutation decision seem even more incongruous.
Peltier expressed joy at this announcement and looks forward to returning to his roots – the Turtle Mountain Indian Reservation near Belcourt, N.D., where he expects to reunite with his family, perhaps ironically, considering the families that were involuntarily separated as a result of his actions in 1975. The fact that he has a place awaiting his homecoming in such a short span post his release has invited scrutiny from detractors who believe this entire situation has been handled with mildness to the point of indifference to the original victims.
The NDN Collective’s founder and CEO, Nick Tilsen, publicly acknowledged Peltier’s release as a result of ’50 years of intergenerational resistance, organizing, and advocacy,’ potentially missing the marker on the gravity of Peltier’s life sentence originally handed out due to his conviction for double murder.
In an assertion that further illustrates the contentious atmosphere around this development, Lisa Bellanger, a leader in the American Indian Movement, discussed Peltier’s imprisonment in terms of a longstanding government plot to undermine their organization. She celebrated his return home, despite the significant opposition to such a view from detractors who believe justice was served via his imprisonment.
Backlash following this disturbing decision was swift, primarily from Natalie Bara, the president of the FBI Agents Association. She expressed her ‘outrage’ at Biden’s decision to commute Peltier’s sentence, slamming it as a ‘last-second, disgraceful act.’ While carrying the heavy burden of the loss of Agents Coler and Williams, Bara echoed sentiments that the FBI still feels the loss of their heroes as deeply today as in 1975.
Even when Peltier’s parole request was denied last summer, his attorney, Kevin Sharp, continued to insist Peltier’s conviction was based on ‘a seriously flawed set of facts’. This, critics argue, shows a dogged denial to accept the conclusions of the justice system.
Remarkably, FBI Director Christopher Wray opposed past requests for Peltier’s release, citing ‘overwhelming and unassailable evidence of his guilt, the brutality of his crimes, and his persistent refusal to accept responsibility.’ These comments starkly contrast with those who champion Peltier as a political prisoner – an unrealistic stance adopted by a few ardent supporters.
Despite this, Peltier’s push for freedom obtained international backing, with endorsements from Amnesty International and late South African leader, Nelson Mandela. Paul O’Brien, executive director of Amnesty International USA, applauded Biden’s decision, citing ‘serious human rights concerns about the fairness of his trial’ in an arguably tone-deaf response considering the gravity of Peltier’s convictions.
The gruesome scene of the murders, where Coler and Williams were shot point-black while investigating a robbery, still remains poignant in the FBI circles. Convicted in 1977, Peltier was tied to the murders, but his advocates argue ambiguously that he was merely ‘present’ at the site, not necessarily the one firing the lethal shots.
According to Sharp, the government denied crucial evidence in the form of a shell casing at the murder site matching a weapon owned by Peltier. Criticizing the whole trial as a ‘sham’, he arguably misses the universally acknowledged fact that two lives were taken brutally and someone had to answer for it, convincingly found to be Peltier in 1977.
This controversial decision of commutation by Biden came in the final moments of his presidency, underlining the capriciousness of the act. By remembering the long history of broken treaties with Indigenous peoples, we must, however, weigh the rights of these communities against the pursuit of justice for all citizens. A coin has two sides, and in this instance, the less attractive side has been chosen by the administration.