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Text 8425, 200 rader
Skriven 2010-06-08 18:36:18 av Roy Witt (1:387/22)
   Kommentar till text 8182 av Ward Dossche (2:292/854)
Ärende: Free Peltier
====================
06 Jun 10 11:26, Ward Dossche wrote to Roy Witt:


 RW>> Before fleeing to Canada, Leonard Peltier drove the red and white
 RW>> vehicle to where the agents were (who were merely wounded at that
 RW>> time) and gave them the 'coup de gra' to the head, twice each agent.

 WD> There's no proof to that ... the onlyones who could've filed that
 WD> info were somewhat dead.

Actually there were plenty of people who confirmed that only one of the
three persons at the house where the firing came from, went down to where
the agents were.

 RW>> Myrtle Poor Bear's sworn affidavits only served to gain the
 RW>> extradition of Peltier from Canada.

 WD> On false grounds.

Funny that she used those same affidavits to help him out.

 WD> She was coerced, threatened and bribed ... it's all "on record".

She wasn't and that's on record.

 WD> You either admit such a person's affidavits. all of them, or you
 WD> strike them off the record.

Which is exactly what the judge did.

 WD> The FBI's practices in this case (and probably others) are known when
 WD> it relates to American Indians.

If you really believe the criminals. They're all innocent you know.

 RW>> She was not a witness for the prosecution, but for the defense.

 WD> 5 ft under the ground she's of no great use anymore.

She never was. Maybe she was a good lay.

 RW>> The judge found her false affidavits "irrelevant."

 WD> The judge was a terrible redneck and ruled "against" the defense on
 WD> anything they came forward with without giving it even a moment of
 WD> consideration.

Actually, there are no rednecks in South Dakota...and he has the
descretion to accept or reject anything he feels is not relevant to the
case at hand. You should know this without even thinking about it.

 WD> Bob Robideau and Dino Butler were both tried in Rapid City SD. This
 WD> is logical, Pine Ridge is in South Dakota.

They were tried in SD because they caught and arrested in SD...

 WD> Leonard Peltier's trial was staged in Fargo, North Dakota.

The government can try you in any federal court they want to when you
cross borders to escape prosecution. The government also pays for
transportation for any witness they want to testify, as will the defense
attorney for witnesses he wants to testify for the defense of his client.

 WD> There's a simple reason for it. In that town, in that courthouse and
 WD> with that particular judge an aquittal on the same grounds [which
 WD> would make sense] was highly unlikely.

That would depend on who was selected as jurors. OJ asked to have a
different court hear his case, as there were more niggers in the court he
could have on his jury.

 WD> The deck was stacked "against" Peltier even before the trial started.

That's what happens when you fuck with the government. They don't give up
the chase when you shoot them.

 RW>> Actually, the firearm in question had been damaged beyond being
 RW>> operable.

 WD> The firing pin was OK.

Even if it was, the use of it in a working firearm other than the firearm
it came from wouldn't be the same.

 WD> The marks made by the firing pin of Peltier's AR-15 are inconsistent
 WD> with the shell casing (the single shell casing of that caliber I
 WD> think)

Two or three...but, see above.

 WD> found near the bodies of the slain FBI-agents.

I'd have to go back and read the reports, but if I recall, the other
shooters' AR-15s were shown not to be the ones that killed the FBI agents.

 RW>> Which anyone who knows about firearms would know - you can't test a
 RW>> damaged non-working firearm.

 WD> You can still check the extractor marks,

Nope. The firearm used by the killer wasn't operable. You can't compare
that which you cannot obtain.

 WD> you can stil check for firing-pin marks,

Only if the firing pin stayed intact with the original firearm.

 WD> you can still check for marks on a bullit made by the barrel.

Only if you can shoot the damaged firearm to retrieve bullets 'known' to
be fired from that weapon.

 WD> In the meantime ... the rifle is "lost".

No it isn't. It was with the evidence used to try the killer.

 RW>> The agents didn't have weapons that fired the same
 RW>> round. ( the agents had .38s vs Peltier's .223 or 5.56nato in the
 RW>> AR-15s).

 WD> Actually they did ... in the trunk of their cars.

Wrong. They had shotguns in the trunk. You can't wage a shooting war at
100 or more yards with a shotgun, even when using 00 buckshot.

 RW>> The U.S. Court of Appeals again heard oral arguments in October
 RW>> 1985. Judge Gerald Heaney recalled that prosecutor Lynn Crooks had
 RW>> said Peltier was "the man who came down and killed those FBI agents
 RW>> in cold blood." To another judge's question, Crooks then said, "But
 RW>> we can't prove  who shot those agents."

 WD> Thank you.

 WD> Based on that alone, Peltier should be released. I thought in a US
 WD> court the rule of thumb still is "Innocent until proven guilty beyond
 WD> the shadow of a doubt".

The man was judged to be guilty by a jury of his peers (they also have a
say in his sentencing, which is why he got life terms instead of death).

An appeals court doesn't have to re-consider anything that has already
been used in the original trial. They will only consider new evidence. No
one has come forward with anything that would move the court to hear an
appeal. The USSC has refused to hear the case twice, based on what the
appeals court has ruled. They also have the original trial documents on
hand.

 RW>> The evidence shows that there was more than one shooter from the
 RW>> house on the top of Pineridge and it is true that they cannot prove
 RW>> that any one person shot the agents. However, someone went down to
 RW>> where the agents were lying and shot them to death.

 WD> Robideau has in the meantime stated it were his bullets that killed
 WD> the agents. Unfortunately, he himself being now 5ft under cannot sign
 WD> an affidavit on that.

Nor can he prove that he did it, even if he were alive to try. The court
won't take  his word for it because he says so.

 RW>> In spite of what the parole board state, Peltier will remain in the
 RW>> Pennsylvania Federal Prison until his parole date in 2040 or his
 RW>> death.

 WD> That's not a parole date. It's the release date for "sentence
 WD> served".

He gets a parole hearing every few years, in spite of the release date for
sentence served. Who knows, they might just turn another ear and let him
out early.

 RW>> Even the USSC denied hearing his case because of the evidence that
 RW>> is stacked against him.

 WD> Wasn't there a discussion a while ago about the USSC and how they
 WD> only handled cases on their constitutionality? Not on the grounds?

Yes, and it was determined that not only do they hear things on
constitutional merits, but also on other grounds.

 WD> But I like your usage of the expression "stacked against him".

It's kind of like his criminal record, as long as his arm.

 RW>> WD> Robert Redford made a good movie about the shoot-out at Pine
 RW>> Ridge
 RW>> WD> and the subsequent events surrounding Leonard Peltier: "Incident
 RW>> at
 RW>> WD> Oglala".

 RW>> Redford is a nut case himself.

 WD> My mam loved his blue eyes.

I liked Hitler's waddle-shuffle as he walked, but not the man.

                R\%/itt

 "Peltier was responsible for the close range execution of FBI agents..."
--- Twit(t) Filter v2.1 (C) 2000-10
 * Origin: SATX Alamo Area Net * South * Texas, USA * (1:387/22)