! The FBI Takes AIM

THE FBI's SECRET WAR AGAINST THE

Ward Churchill and Jim Vander Wall

"Th;; iJ the t:(',diet: light bttJ fome ;nlo Ilu attention to rhe splinter in ~nolher n<1ri on'$ eye world; bllt people preftrred darkll(,H 10 li1!,bt, be(o/ll( without lik ewi~e eXflmini n~ the heam in nur tbeir deedJ were e,'i/. Tbm e rob" do n;;! bale fbe own. lir.ht and will nol rome nrnr tbe light, Inr Itdr And a beam it is , for that whi ch fhe FBI Ibal Ibeir deed, ",,11 be expoJrd" Uolm 3: 19- 20). encouraged and undertook in South D<1knl:t in the mid-seventies was truly

14 THE OT HER SIDE 'he paT! of Ame ri can Indians. "They [,he Indi­ ically mo tivated murde rs. it simultaneously The federal pres­ ans] arc a conque red natio n," explained N o rman amassed three .hundred and sixteen thousand ence on Pine Ridge Zigrossi, special agen, in charge of 'he FBI's fil e class ifications in its detailed investigation was consistently Rapid Ci,y, So u,h Dakora, o ffi ce. "And whe n of the political and personal activities of AIM marked by Viet­ you arc conquered, the people you are con­ members and sympalhizers. While dozens of nam-type equlp­ 1 ment-ln this case, quered by diclale your fUlure. This is a basic murde rs of AIM me mbe rs and sympathizers an armored person­ philosophy of mine. If I'm pa" o f a conquered were being ig no red, Ihe FBI made 562 arresls nel carrier. camou· I nadon, I've gOI 10 yield 10 aUlhorilY .... [The of AIM people in conjunClio n wilh ils ongoing "age uniforms, and FBI must funclio n as] a colo nial police force." investigatio n o f the o rganization, Of (hese, only a macbre cow's From mid- 1972 10 mid- 1973, Ihe number of fift een resulted in convictio ns of any sort, usu- skull. personnel assigned 10 Ihe FBI's Rapid Cily ally fo r pelly o ffe nses. ~------~ J o ffi ce nearly quadrupled, from Ihree 10 eleven. "The purpose o f all Ihis," ex­ The work or these agents focused primarily o n plained an AIM attorney in Pine Ridge. During 1973, Ihis g really expanded 197t1. "is not to obtain con­ II "colo ni al poli ce forcc" was again almost doubled vic tions o r punish people the wil h Ihe addilion of a le n-me mbe r Special Weap­ bureau b e li evc~ guilty o f crimi­ ons and Tacd" (SWAT) leam , assigned 10 Ihe nal act s in rhe st ri ct sense. I! tiny village of Pine Rid ge, on the resc rv ;uion R'lIhe r, it is '0 ne utralize an it se lr. Ev en thi s wasn't enough to meet FDI o rf!ilniziuio n whose politics the objcnivcs. L,lc in 197'), (he FBI again tripled FB I ohjecrs to by ,ying Ihe it s staff of agents, giving weste rn South Dakota organization up in an unending the highest ratio of agents (0 ci tizens anyw here seri es of trials and pre trial in car· in the United Stales. ceril linns. bankrupting the orga· As a result of the Sevcn Major Crimes Act. ni 7.a ti o n by forcinp; it to meet I ho mi cid es ilnd armed ass:m hs o n rcscrv;tr ions milssivl' amount s of bail." arc maneTS ovcr which the rl31 has leg:t! juris­ This is precisely the method diction. But despite the in o rd inate numbe r o f the POI used during the CO IN· people it had at its disposal throughout this TF.l.rRO e ra. As a senior FBI period, linn, o f Ihe murders of AIM people has age nt sai.d after the assassination been solved hy Ihe FDI- nor one. As Ihe re.. o n of l3lack Panlher leaders Mark for its spectilculilr lack o f success, rh e FD I hilS Clark and Fred l-IamplOn, "You pleaded "lack o f manpower." don', measure success in this Presumilbl y this same "'ack o f mil npower arCil in I~ rm s of apprehension prevented the bureau from properly investigil t. hut in te rms of neutralization." ing fund s assigned to a "Highway Safety Pro· CO INTEl.rRO is foB I sliln,g fo r grilm" and il "Tribal Rangers Program," both mi sappropriated hy ,he n Pine Ridge Itibal pres­ id e m Ri chard "Dick ie" W il son. These funds-as II the fetle ral govcrnment was aware-were being used to arm, equip, :t ile! pay a p rivate army known as the Gutlrdialls of the O~lala Niltioll (GOONs). \'(f il son, fi rst v(}[c(1 illlO office in 1972, won a seennd Itibal p resid e ncy in 1 97~ . That elec­ tion, occurring at the hc i,l!iu of the FBI presence o n the reservation, W;1S lare r characte rized by the U.S. C ivil Rights Commissio n as "permeated , wi,h fraud ." lJy 19 7 ~. W il son's GOONs, expres­ /' s· ly anti· AIM in purpose, werc armed with U.S. military-type M- I <) riA es. Equipped wilh h i~ h . qlla lir y. milita ry· sty le communi cations gear, they were also regularly supplied with ,goveftlfn e nt · i .~s u e ha.ll ammunition. How Wilson's private army came to be armed with U.S. milirtlry weapons remains unclear. "domeslic counte rintelligence program, a sys· " Dickie·· Wilson lin J But his GOONs we re arguably 'he p rimary telllalic effort tn subve rt o r destroy po litically the dark gla"., I force responsible fo r th e assaults on hundreds ohjecrionablc o r,l!a ni zatinns. In 197 1. J. Edg;u travels through the o f AIM people o n and near Pine Ridge during H oover. under cong ressional pressure. o rdered Pine Ridge Reserva­ II th e peri od in question. The y are known [Q have the FBI to te rmintHe such progrrtms. But the tion In 1973 with worked cl osely with both the FBI and Dureau Pinc Rid,l!c record seems to indicate that while a typical escort o( GOONs. Wilson of Indian Affairs (BIA) po li ce at this time. such il ctivilics l11 ily have been stopped in name. worked closely the y were not SlOp ped in practi ce. During 197.\ al o ne, while the FIJI was c1aim­ wllh the FBI. inl! in sufficient resources to invesligate pol it· FIJI actions :l1!ili nsf AIM, as the info rmati on

rHOT()(iAAPI·IS FIlOM J\K\fJE SJ\S~ NOTE S JUNE 1987 15 I 'j I F~deral Judg~ Fred which follow, amply illu",",es, included the use ing the siege perimeter est,hli,hed hy federal Nichol dismissed of infilcr<1tors <1nt! tlf!.rn ll prnr:o(tllt'fIrl, the dis­ forces there. charges against semination of deliberate disinformation, and the In addition, the bureau created, equipped, and blatant fabrication of evidence to obtain criminal and trained a BIA SWAT team on the reserva­ , convictions of ke}' or~ani7.ationa l leaders who tion in 1973. This furthe r contrihuted to the saying FBI actIons cou ld not otherwise be ncutralizc(1. pervasive GOON terror on and around the had " polluted" the Thc usc of stich methods was clear enough reservation because, as the fBI knew, there was waters or Justice. that federal districi judge fred Nichol observed, conside rable overlap in membership between wh il e dismissing the FBI-controlled I3IA poli ce on Pine Rid,l!e c harges <1gainst A I M and the GOONs. le<1dcrs Russell Me<1ns Due [Q the bureau's penchalH for secrecy. and Dennis Banks in other possible links between the FI31 and the 1971, "It', hard for me GOONs remain clouded in obscurity. One to believe that the fI3I, reason a congressional investigation or commis­ which I have revered sion of inquiry is needed is to bring 10 light all for so lo ng , h:B aspects of the FBI's involvement with the stooped so low." Be­ GOONs, including the bureau's repeated non­ cause of the FBI's tac­ prosecution of GOON atrocities. tics, Nichol soid, "the waters of justice h<1 ve Disinformation- heen polluted." The FBI's propagation of deliberate disin­ With sll ch AIM acti­ formation ahout AIM seems to have bee n de­ vists as signed to discredit the o rgani 7.alion ill the puhlir sti ll unjustly impris­ mind. It may have <1150 been inte nded 10 cnntii ­ oned and o lhers, includ­ tion public sentiment to accept the viole nt sup­ jn~ Dennis Danks, still pression o f its members. facing trials, those Four examples of FBI disinformatjoll provide waters remain polluted. sali ent illustratio ns: The need for a commissio n of inquiry, as sog­ The George Ai,.d Mllrder Douglass Durham gested by Amnesty lnternarion<11 in 19RO , is as and Virginia "Blue Dove" Dc Luse were FOI slrong as evcr. infiltrators acting as dRen/J prol'O((1/fllrJ. On Oc­ The lig lu of trmh is nce ded in <1t least the tober 10, 1974, they began a campaign-as following areas; "AIM spokespeoplc"-to associate the organiza­ tion in the public mind w ith the ror[Ure and The GOONs-- murder of cabdriver George Aird . Aird was The ide:1 th"t the FIJI 'might support and killed at AIM's Camp I .' in nox Ca n~' ()n ncar coordinate :l "pri v;1tc :umy" dcsil!ncd to attain Los An~c1 e" polilic:li ohjectives is nothing new, r::==------====:-. Forme r FBI informcr N:lnd ~ Zocc hin o [Old the /.(lJ ; \ lI!!,tltJ Time.1 ill 11)7() ,hat rh e hurc:lll h"d VIrgInia " Blue Dove" De luse, an created and financed Cl "crypto­ FBI agent provocif­ fascis," group in 5:1 11 Dic,l!o called teur, was Instru­ rhe Secre t Arrn~ ' Or,l?::1niz:lIion mentalln pinning (S AO). f)urinl! Ihe c:lrly seventies, false murder she .o;;1i d. rh e SAO c l1 ,t::1,1?:c d in hur­ charges on two of glary, m;lit ril t' fr s, hOlllhillp. kid ­ AIM's Call1orni. l1;1pping ... , as.o;;as .o;;i naritlll pl(lls. :lnd members. :IfI CmPICd Illurder. These :1uiv ili cs . :H lordillg 10 7.01 l ilirH), \\'('fC di ­

ft'( lI y slIpefvi.o;;c cl hr ,hl' hure'HI. Ilo\\':ml n c rry Godfre y. an infor­ mant working (lUI of lilt, Sail Diego FBI office. has suhslanliall y corrohurrtlcd Zoc­ DurhflTTl penned a leiter linking AIM to th e rhino's ... tory. whilc Ihe: bur c ~u ilsrlf ha.c; done slaying and left it. ;tlong wi th ;t ~c;t lp purportedly linlc 10 deny it. taken from Airel's body, prominently displayed , The scrtlc and dtlralion of GOON .u.: riviries at the camp to be found by investigators. I on Pine Ridge from 1972 o nward- and Ihe Durham and Dc Luse then falsely targe ted Paul ,I FOl's la c k of a re ... ponse- slIMests a simil

16 THE OTHER SIDE TOP PHOTOGRI\PH BY ROGF.R NY)TIIDM ' . Paul "Sl1morse" Although he offered Durant l'ar left) not a shred of evidence, and Richard hi s asserti o ns became "Mohawk" Billings the basis of a widely la and N e hra !i ka a LDs Angeles cab c hapte rs o( the .John driver. They spent Dirch Society. H c \\' :1S 3'/, years In Jail before theIr ae­ often rtc co mpani ed qultal. during these lectures by agen!S of the FB I. IC:1.Q panicipated with ot hers in the crimC', The "Dog Soldi,,' T,I,typ, On June 22. In Cllly ta~c . the FOrs ;l im was achi eved : the 197 6. th e FBI released to the media a teletype portray;'!! of Alt-.·f as a violent. criminal org:Hli7.a­ Kell y had se nt to the U.S. deputy attorney lion. ~c ner a l. In the document. he contended he had T ilt' .I1O,,";I, !!. Hull SI(uJ' Immcdiate ly afler "reliahle information" thrtt some two thousand th c Jullc 2(1, 19 7'5. fir e fi ght at Ogbla (tk',c;cr ihcd AIM wa rriors. known as "dog soldiers," we re below), the H31 issued a seri es of flcld repons. planning to assassinate the governor of SO lllh These indic: arcd ,hat the Jumping Bull com­ Dakota. pound (t he scene of th e shnnring) was in (act a These .warriors, trained "in the N orthwesl sophisri cHcd AIM military compicx with fi xed Territory," we re al so planning to blow up numer· defensive p05iriol1s. including military-s tyle hun- ous bui ldin,l!.s, "burn" (armer.s, snipe at tourists. kefs. I find cngagc in some unspecifi ed "action" at MI. An FBI external af(,,'irs offi cer, se nt in spe­ Ru shmore. The story was printed in mrtn y news­ ciall y from \Xlashingron to "handle press," also pape rs and bro:1dcast on rad io [old UPI. the \'(/mhillpJ(1Il P n,If. and the Nm' and t ~ l fv i.si p n slat ions across rnrJ· Time! ,11 11.1 th e special age nt s killed in the the U." S. flf C fi ,c lll had heen "drClAAcd from tlH,' ir cars ami Lard, during the trial of shot lip 10 fift een to tw ent y tirne~ with automatic A I M m cmb~rs Darelle !lutler we:t p(ln ~ . " These r e p(}rr ~ rece ive d wi de C()Ve r;l.lH' and Roberi Robideau, C la­ '. in th e pr c~~. I rence Kell y. head of the FBI. A .~ an arricit: in the CI")/Ilm/;ift .InllrllftliJm was !iuhpoefl:1cd as a witness. Rerifl(" l:tter pointed out. hy th e time all o( this During hi s ·testimony, Kell y W;lS reponed, the :lgenls doing the reponing was :l.sk cll by :1tto rney Wi lli am r we re, of n c(e .~s il r, alrc:ld y :lware of its (:l lsi ry . Kuns tl er what evide nce the " W; 1.~ n·r unti l (I Vl' d:l Ys la ter, :lft er the initial bureau had 10 suppo rt this bur.~t o( puhli cit y, that FIJI di rector Clue l1 cc docullle·flt:' To this Kelly Ke ll y admined al a pre.ss conference that th ere r('plied. ':1 know of none." . wc re, in (;1("1, no "hunkcrs"- only an ah;lIldnlled G ivcn 'the intensity and (on­ hor.'}e shed and chi l kcn cool'. (Eve n that wa.s n't .s istcncy of ,th e FDl's known ri,l.!hr. The so-c:l ll ctl bunke rs were actu:lJl y car ti e disi nformrtti on campaigns, an .s h c h e r .~ :lilt! f;dlen root t" c llu .~. hOlh common imporrant ta .s k fo r any con­ in rural :lreas.) ,l!res.'\ ional in quiry will be deter­ I A report prepul' d hy rh e: Mou nt:lin St :ltcs minin~ the fu ll scope of such Rl',l!iona l Officc o f Ih e U.S. Commi ssio n on cf(ons. All documents associ­ Civil Ri ,l! ht .s c:1 ll ed th e.: FnJ's initial reporting ated wi lh these cfforrs should be hrou,ght 10 An FBI agent. ) "f:-t 1.~ c. llnsuh .~ laf1ti;Jt e d, " and "highly inn:llllJn:1- light. equipped with to rr ." \'<111:11 it .s lllu·cdl'd in wa.s height ening Vletnam·lssue anti-A I M fedings. The Oglala Fire Fight- bush hat. Jungle The "Cnmmll1J;(/" CI") 1/11e·cf;(m Durham ap­ In june 1975, :1t the request o( traditional fatigues. and M-16 rlfte. patrols the pea red hefore Se n. J alTl es Ea stl and '.s Senate Sub­ Ica~e" .round Oglala, • group of AIM people Pine Ridge Reserva­ (olllrn ill Ce on Inr erll;ll Securi ty in April 1976. sc t lip an e ncampment at jumpi ng Bull com­ tion during the An FB I infihraror and ftf,f1Il l mu·(}(d l mr. [)lIrhrtm potlnd. a (amily property ne(l.r the village o( summer of '975. was th e sole wirness (O ll ll'rning AIM . I Ie tc.'}ri ­ Oglala on rhe Pine Ridge Reserv:1tion . Tradi­ (\ cd Ihal th e organi 7.ali nn was cfl mmuni .~ t - in(ll ­ tional leaden invited the AIM people in to (rafed . in vo lved in tcrrorism. and "com mitted provide ~o m c protection (rom GOON vi olence, In violt-nce." AIM. he sa id. " h a~ communi.sl ti e.s whi ch had been prtrticu larly severe in the u ea. to Cllhp, th e Soviet Unioll, and Chif1:l." On ju·ne 2(" for thc second day in a row,

" To r r'HO T()(iliW'I l RY TE O SC HIJLTZ · JUNE 1987 17 {

"'p'y. Kill"i~llI wa, killed b), a 'ingle rine round fir ed from lonR r,mRe whi ch hil him dead cente r hetween Ih e ('),es, SOllih Dakota',e; as· sistalll :lItornc ), 1!e ll eraI, \,(/ill iall1 Dclanq ,. w ho was at th e sce ll e. COlli rad ioed ,h:ll report , Ill' said :11 th e 1;111 (' ,hal Kill.e;ri,cI Jl rl't ('i\'('d " ;1 hurq in (h e hat k":u dose rang(' , Narionai Puhlic Rae!i o rcpOrl('f Kevin Ml ­ Kiernan :lrrivctl shordy :lfler I)Cbll l'Y , lie ,C; ;lP Killsrighl appeared 10 ha"e heen fitl l' d inlo olfl FBI (Ield jack el- as i( 10 cov(' r hi s IlIrSt! . Mc· Kiern:m, whn ohserved th (' hod )' leakin,1.! hl f) od "down th e jackCI sleCV l' ," ill <; jq <; Ih e hole·in rhe forehead Slor}' i<; (a lst'. All of Ihis raises tht' poss ihil il }1 Ihal Kill ,c;ri,l.dll The body of AIM FIJI special aJ!l' Il IS Hllrla ld \Xlilliallls :lntl J<1 ck was summ;uil y ex('ctltcd by eilher Ihe rnl or member Joe Stuntz Coler apPc:lrcd af lil t, (ompollnd . Ostensibl y. non-FBI personnel, wh ose acti ons were then KlIIsrlght lies In they we re sc('k ill,1! III :l rr('s l AIM ITlcmhcr.1immy covered up by the bureau. the mud after the EaJ!lc on ch:l rges dc ri\'cd (rolll a complaint :thoU( Af!er the June 26 fire fight . the fBI moved Oglala nre flght. (he theft of a pair fir II sctl cowhoy h00l5. Accord­ onto Pine Ridge and the adi oining Rosebud Circumstances in,e w SUh.I;('qU(· IH Irial H.'slirnonr. the agents Reservario n in force. At least 170 agenlS , aug· point to the possi­ had hn 'n [Old thaI E;l,l.d c and ,hrcc OIhc r young men!ed by marshals. BI A police. GOONs, bility of summary u.s. AIM IIl c ll1hl'fs were nelU all y \\';'tllled (or kid­ execution. The FBI and non-Indian vigilante groups, dramatically has refused to Inves­ narpin.'!. a~~r : l\'a l c d as.';:wll, and a,g,g ravaled fob­ made their prese nc e felt. Using military-issue tigate. bery, TI1(')' 1 1cv('rrh('I{' ~ e; f:1r ri cd no wa rrant (or armored personnel carri e rs and Bell "Huey" hi s <1rrt'~I , helicopte rs, they conduCtee! massive sweeping For r('a e;oI1S whi ch remain unclcaf, \'Villiams operations in bOlh locales, Warrantless searches, anti Coler opel1 ed (lfe' on peol,k in Ih e com· breaking and entering, destruction of private pnullI I, P c r ~ lln ~ (flllll Ihe AIM c m:arnpmc nt, propeny, rhysical intimidation, false arrests, ane! be li evi n,g rht' ll15{' lv(, e; und er attack hy GOONs, other systematic deprivations o f civil rights relUrn cd th e fir e, In ,he ensuillf! fir e (I,l!hl, which often accompanied these Vietnam-style sweeps. evcntually invol vc d hundreds o( law enforce­ Probably the worst incident occurred on the mcnt personncl, horh FBI :JJ!C nl S we re killtd. morning of September 5. 1975. when approxi­ Al so killed Ihal day wa~ AIM memher Joe mately one hundred agents in full com hat gear, Srufll7. Kill srighr. An:nrd i I" [h e "((ICill l 11\1 - covered by four attack helicopters, surrounded and occupied the Running and Crow Dog resi ­ dences on Rosebud, engaging in wholesale ar­ rests ("(or questioning") and the warrantless searches of both propcrri e,c;. The chairperson of the U ,S, Co mmi s~ i ()Tl n n Ci"il Ri ,e:hl<; bIer charactcrized the ol'e r,uio n as ,£ ivinR "('vcrr aprearanc '~ o( hei n,lZ a (1I11 , c; ( :1 I(' lllili lar Y· IYI' l' in VaS IOn , Two AIM members. lJare ll c "{)ino" nuder :l nd Rohcr! "Roh" Rohi

I ,

Paul Oenson. Pelliers trial judge, refused to ~ays it has never investigated. allow the jury to hear any testimony of FBI The cond nu ~~ hiding of illegal FBI activities mi sconduct. He also disallowed any testimony before. during;' and after the Oglala fire light abOlH the atmosphere of terror prevailing on do e ~ nm promote "national security," It endan­ Pine Ridge prior to the fire fight . As we'll gers it. Only a congressional investigation or explain latcr. th e trial was pervaded by fraud commission of inquiry, with power of subpoena, I and misco ndu(( on the part of the FBI and the Ciln brill~ a measure or truth to proscculion. Peltier was convicted on two this dark period of contemporary counts of first -degree murder and sentenced to American history, two C()n!a~ (U(ivc life (erms in prison. In their entirety, at Iclts! six thousand pages Assassinations-- of FBI documents and at least five thousand 'The only way t'o deal with the pages in pan, all relevant ro the Oglala fire fight Indian problem in South _. . J and the eve nts which followed. remain classified DakOla," said William Janklow, for rcamns of, "mon~ other things, "nalional then South Dakota deputy attor- security." Given the trivial nature of Eflglc's ney general. "is to put a gun to all eged of(enses (which starred the affair) and AIM leader!' heads and pull the their apparCtH insubstantiality (he was subse­ triMer, quenrly "cquined), the question must be posed A 1m or trigger-pulling occurred on Pine Pedro Bissonette. as to the FB I's real motiv:uion for repeatedly Ridge from' 19 72' though 1976, with a vastly head of the Oglala visi'tinj:! the Jumping Dull compound and open­ disproportionafe number of AIM members and SIoux ClvU RIghts ing fire o n people there, surporlers dying ~ iolendy in the context of FBI Organization, was There is a widespread belief on the Pine operations there, Three instances are sufficient leading a mov~ to Ridge Rcserv:Hion that the conduct of special to suggest the probability of a deliberate pattern Impeach trIbal pres· Ident DickIe WIlson agents \'(Iilliams and Coler was a diversion de­ of political ass ~5sina(io n: wht!n he was shot signed to mask negotiations undertaken the day Pedro Bisson­ The Cau ofr Prdro BiHonetlt to death by BIA before .he fire (.ght by tribal president Wilson. elle W", head ;of the Oglala Sioux Civil Rights police for "resIst· These negotiations led to an agreement, signed Organizal ion (OSCRO). He had also parlici· Ing arrest:' in January 1976, transferring 76.200 acres of pated in the L\'(Iounded Knee occupation, He tribal land to the federal government. This was W:1S wideiy vie\ved as a thorn in the side of those a viol"tion of the 186R Fort L'lramie Treaty. who we re ..s t;ck ing'a passive Indian po puladon. which requires a three-fourths expressed con­ Bissonette was hunted down and shot to sent of all adult male Lako ..., before land ces· deal h by · 0 I A police o n .October 17. 1973. sions may occur, Done without the approval of While police claimed he had "resisted arrest," the trihal council , it was ;t lsn a viohuion of BIA regul:uions, During the e:l r1 y seventies. satellites ope rated by the N:uinnal Aeronautics and Srace Admin­ iSlration and rhe National Uranium Resources Evaluation Prow"m had located substanrial ura­ nium deposit s within this land parcel. The exis­ tence of such a stimulus could do much lO explain the (cd e r,,1 posture vis-a-vis A 1M , whic h slill ve h l' ment1 ~' opposes sll r h land cessions. During rit e spring of 197<> , :1 Senate commil­ l el ' h L';ld t'd hy Frank Churl h h;lt! begun In prohl' FBI :1( I;"lli(,5 with f( 'J!.lrd til AIM . This ;n vcqi­ ,I!. alion \\, :10;; I('(minalet! iIllTlWcI ;;ucl y (l flcr, :l nd o <; rt' n o;; il,l r I' f'f :Iu o;; e 0 1. tllf' Ogl;l l:l fire fi,! ln . Lc g;r illl;lIf' fl,u ' q irlll o;; h a\'(' h('c ll rai5l',I :10;; I f} \\'h (' Iht'1' II I(' bll "(';11 1 dcl ih('I';lI (' ly provoked an in( iric nl o;; ig nili r ;1111 t'llrIl1l! h 1/ 1 :t hOr! rh e Sf'Il,II l' "" In I I IIlllIlLirft'{"<; 'i f l'l lri Tl }' o f il o;; { nf]d UI I fill 1'11 11' HI,IJ: ' Silt h ;111 d h lrr 11I;,I!hr well ha \'(' h(' (' n :I 1'.11'1 0 1 !Ill' F1\1 'o;; d l ;u k iIlJ: . Ilu l a,l!;li ll, ;111 . lllttl lH t' llf o;; lir:11 111 ;,1: ir 1 I ( ' v (';\ I - .lI ~ li <; l'r ()" ( ' -­ It GOON ~ n l h :r I1 l l1 r; \ :lfi')ll rCIll ;l;n { b o;;~ ili c d was at roadblocks. such as l l l1 l il tl H' Hq l an 11(' 1'{'I' o;; u :lol t'd 10 rclease this one, that Pedro d\!' V,l o;; l I1lIlld wr o f dll( IIfll t" IlI ~ il i ... hO;1rdifl,l!. BIssonette. Byron fill rhi e; IIH id(' II I , ,he i uu'llt :l nd jll1 r p 0 5(' o f DeSena. and other al!.('II I o;; \'\,il1i ; lI ll ~ ;l lld ( o lt'r will rl'lIl:lin e; liro ucled AIM members and ;;1 11I y<;{ c r r - i l ~ \\' ill Iht' d eath: I lf AIM IlH: l1lhcr supporters were Joe SI UIH ? Kills r i,dlf , a dl':tth which rh c FBI killed.

PHOTOGRt'.rHS FROM "KWESASt\E NOTE S JUNE 1987 19 :

In 1975, Anna Ma~ Tht Case of Anna Mdt Aqlld.lh The body of Aquash was told by Anna Mae Aquos h was fo und February 24, agent David Price 1976, near l-\ighw,y 73 in a dese rted are' o f that she wouldn't Pine Ri dge. FBI a~ e nt David Pri ce. who had live out the year If an o fficial record o f misconduct. was amOfl~ rh e she didn't " cooper­ fir st law enfo rcemenr personnel o n rhe scene. ate" with th~ FBI. Price knew Aquash well, and Aquash had Coincidentally, her frozen body was told several frie nd s that she fcared Price because " found" that winter he had threatened he r life. Price beli eved she by Price. A coroner was withholding information co n ce rnin ~ the hired by the FBI, whcreahmlls of l3utler, Rohideau. and P('lric r, Ignoring a bullet In all of whom were wanted ;It Ihe timc ill (o n­ her head, con­ juncri on wilh the Oglab frre fi J! hr. N n nel il ('1es". cluded she died of Price profc"sed 10 he unahle I n iticnrih' rhe " nOltt/ral causes." hm l)' . \VI. O . Brown. n co ro ll e r relained I'r rl 1(' FBI. suh"eqll c m1 v dcr ermined Ih:1I Ih e tJllidcll lified corpse hnt! dicd of "cxpo"urc." Hr(lwll was the sa llw pe rsoll who earli er dC!C rlllillt'ti that Killsrighl had died of a sing le gunshm there is no indic;tlinn Ih ;1t Bi ~so n c u c engaged wound to the head, despite evidence 10 the in behavior of Ihe sort w hi ~ h might have war­ contrary. An FBI favorite, he had also been ranted the point-bl:t nk innicli on of multiple brought in fro m Nebraska to perform the au ­ gunshot wounds. topsy on Bissonette. The FBI conducted no c6mprchcnsive inves­ Aquash's body was interred in a common tj g;trion into th e p.uticubrs of Bissonette'! grave on the reservation, with its hands severed. death. Before his death, it h:td been rumo red These were sent to the FB I labo ratory in Wash­ fh cl( Dissol1clIC W:lS "on rh e lis '''1for elimination. ington, D .C., for "positive id entification." On Afl er hi s d c:uh. OSCRO cCi1sed to exist 3S a March 5, the bureau notified Aquash's family viable organiza tion. in Canada of her death "by natural CallseS." Tbe C n.H' 0/ Byron DeStrJt1 Byron DcSersa The family, immediately skeptical, contacted was killed hy GOONs dllrin~ a chase on the AIM atto rne ys in South Dakota, requesting reserv;ttio o. His car. cfUryirig !luee passengers, exhumation of the body for a second autopsy. all unarmed, W:Ui pursued hy six cars full of Under pressure, the FBI reluctantly fil ed fo r known GOONs. i an exhumation. The survivors from DeSersa's vehicle pro­ The Wounded Knee Legal Defense/Offense vided informatio n ill sworn ~ affidavits that after Committee chose Garry Peterso n, resident pa­ the AIM suppo rter's wounds were innicted, thologist at St. Paul (Minnesota) H ospital, 10 armed GOONs (w ho m Ihey 'identified) pre­ perform the second autopsy. An x·ray immedi­ velHed his receiving medical iu~e nlion, attention ately revealed an object in Aquash's left temple which could have si1Ved hi s life.1 which was found 10 be a .32 or .38 caliber bullet. Agai n. rh e FD 1 conducred n'il comprehensive Peterson found Aquash's death to have been invesrig;uion inw the matter. ' Despite glaring caused by a handgun fired at point-hlank range bureau inacrion, o ffICials of a neighboring (Own into the base of her skull. arrested one o f the GOONs, C harlie Winters, No o ne has ever been charged in the Aquash and charged him wi rh first-degree murder. In murder. Age nt Price has neve r been depo sed rerurn for testimony that :Billy Wilson (Dick on the m,tter. And the FBI has regularly put Wilso n's son) ,nd C huck Rithards (Wil son's off questio ns o n its handling of the affair. brother-in -lo w) h,d ,cm,lIy Jb;,e the firing on Giveo the appearance of bureau acquies­ D eSersa. \,(/im ers was let o fr : with a two-year cence--<>r outright complicity-in the po litically

sentence. ~ I motivated liquidatio n o f AIM members and Wilso n ,nd Ri chards then stood trial, plead­ supporters on and around Pine Ridge, a thor­ ing self-defense against the unarmed and out­ ough investigation is warranted. Until all FBI numbered DeSersa. By some miracle , they were documents relating to these and at least sixty· acquitted. five other homicides occurring 0 0 the rescrva· DeSersa had been showing considerable devel­ tion be tween 1972 and 1976 have been di­ opment as an AIM advocate, writing for a local vulged, no 'ense of truth can prevail. newspaper in the reservation village of Man­ derson, South Dakota. H e also worked with the Bad Jacketing- Wounded Knee Defense/Offense Committee. Charges and countercharge, of "being a cop" His eliminatio n rook care 0 r ~ another thorn in are inherent in any organization targeted for the side of those who were seeking to destroy police infiltration and disruption. It is also the Ame ri Gm Ind ian Move ment. known that the FBI, like other politically mati-

20 THE OTHER SIDE PHOTOGRAPH BY KEVN McKIERN .... N AIM: A Vigorous Advotat~ I; :, The American Indian Movement, Sioux Indians by the U.S. Cavalry. had itt .hsire of unsavory members, known as AIM,. wa~ founded in Min­ In 1974, it organiz~d a~ indigenous, incl",cUn'. those who have not been nea,'olis in 1968 hy Dennis Banks consultative, nongo~ernmental orga­ willinj to follow what some tradi­ and Cly(le nellecourr. Although ini­ nization-the Intetnational Indian tiont! tA~otis caU "the way of the I~· tially a movement of urbanized, alien­ Treaty Council-to ~resent the pipe." ated Plain~ I ndians angrily seeking Indian case in interhational human­ But as the .accompanying article to recover their rights and heritage, rights forums (the first ~uch organiza­ points out,. AIM's most violent A I M has grown to national propor­ tion recoRnized by the United Na­ ima,e$ .,~re ~and-created by the FBt tions, attracting a wide variety of tions). in a delibentte effort to undermine rural and urban Indians to its cause. During the mid-seventies, AIM its power. For years, AIM was the Frnm the beginning, AIM has fought repeatedly for its survival victim of systematic disinformation been a vigorous advoc~te of Ameri­ against often brutal assaults by the campaigns. television and newspa­ can I ndian rights, particularly in rela­ FBI (see accompanying article). In pers blindly spread lies about it, and tion to treaty implementation and 1980, it founded K'LI~FM, the first when the truth came out, they the exercise of native sovereignty community-controlled Indian radio seldom reponed it. over I ndian territories. station on the Pine; Ridge Reserva­ If the FOrs aim was to put AIM AIM's perspectives often coincide tion (one of AIM's ttaditional centers in its grave, it failed. Though largely with those of traditional" Indian of strength). t ignored by the media, AIM today elders. Nevertheless, there have occa­ In 1981, it established the Thun­ has active chapters across the United sionally been tensions between AIM der Yellow Camp i~ the Black Hills States. the efforts of these chapters activi~ts and traditional leaders. on behalf of Indian .Iand recovery. are coordinated by a twenty-member These have been less over political As a result of that encampment, a national governing council. perspectives that over style. federal court ruled for;,he first time, Since 1979, AIM has had no na­ I At Icast at first, AIM lpeople were late last year, that·: a ~ p,iece of land tional officers. As a long trail of sometimes seen as newcomers to the could,. in itself, be 'saq.ed to native blood has m~de evident, such offi­ cause, inept .in the native language people. •.. I,. cers are nothing but an easy target I and nnt sufficiently in tune with tradi­ Throughout thH period, AIM has for anti-Indian forces. AIM, in tional spirituality. But over the years also been active h,; securing native upholding the dignity and sover­ AIM has gained in maturity. And as fishing rights in the P~dfic Nortli­ eiptl of native people, has no desire it has gained in maturity, steadfastly west, opposing forced Navajo-Hopi for~d(litional bloodshed. It's not look­ I hoMing to its vision through some relocation, and supportinR native ing for martyrs. It's looking for jus­ severe assaults, it has also grown in land claims in New ~ngland. tice•. resrect among native people. That justice, given the prevailing

I AIM's reputatio·nj~ not silver­ U.S. mind-set, remains depressingly During th'e nineteen years·of its plated. Like all or~nizations, it has slow in coming. -Marl! Olson existence, AIM's involvement in the American Indian struggle has been I wide ranging. In 1970, it participated in the occu­ r pation of Alcatraz Island, attempting to assert treaty rights to unused fed­ eral land. On Thanks,giving Day )cFI, a~ a reminder of U.S. treat­ ment of native people ,it participated in the occupatinn of the replica of tht· Mayflower in Plymouth, Mas­ sachu~ett5. An(1 during Election Week 1972, it helped occupy the Bureau of Indian Affairs building in Washington, D.C., pleading for a AIM leaders Denn,j! Banks ,'eftl and Russell Means 'right, were frequent chan,ge in federal treatment of Indian vfctlms of legal harassment. The FBI worked with South Dakota law­ r(·orle. enforcement agencfes to bring more than forty separate charges against In 197.', asking the

.~ r-=~~'BY :~~~ NOTES JUNE 1987 21 ~h An FBllnflllralori vated agencies. sometimes fost~~s such suspi­ .and agent prov6ca­ cions, particularly with rcgarcll'.to people they Agents Provocateurs- ft!ur, Douglas consider key activists. ~ : I, Although AIM was undoubtedly infiltrated Durham worked Known as had jacketing. tli i~ technique effec­ by • number of other FBI employees. such as .hard to create an tively neutralizes the individuals targeted by Virginia "Blue Dove" De Luse, the case of Imag.. of AIM as a radically undercuuing their Icredibility among Douglass Durham causes the greatest concern. mllllant. vlolence­ their peers. Not only does it:isolate them from pron.. organIza­ Durham was a non-Indian. His past included tion. A non-Indian the leadership circle, but, in, cases of extreme a stint in CIA paramilitary operations in Central with hair grown pressure (such as that visited lupon A I M), it can America, being fired from the Des Moines long and dl .. d black. also create the potential for "liquidation" by police department, diagnosis as a violent schi­ h .. was paid their own associates, 'Kring :in :,)wh:H is falsely . zoid, and ties to organized crime in the Midwest "SI.OOO a month. perceived as self-defense. Tho!';c committing the By his own admission, he was retained by the cash," murder (:tn then be prosecuted-and elimi­ bureau in 1973 (". thousand dollars per month, nated. (The FBI successfully cash") to infiltrate AIM and underrakc a ran,ge used such methods against of tasks. the Black Panthers in the late His accomplishments are impressive. He man­ sixties.) aged to secure a position as personal bodyguard How much the FBI used to AIM leader Dennis Banks and as AIM's bad jacketing agaiost AIM is narional security director, a position he created. still uncle

TOP PHOTCX:;RAPH FROM NORTH COUNTRY . J NM. 22 THE OTHER $IDE " BOTTOM PHQTCX:;RAPH BY DICK BANCROFT As the special Under pressure agent In charge of from the FBI, louis the Minneapolis Moves Camp of­ offlce, Joseph Trlm­ tered false testi­ bach swore that mony against the FBI had no In­ Dennis Banks and flltrators In the de­ Russell Means at fense team at the the Wounded Knee Wounded Knee lea­ leadership Trials. dership Trial. It As a reward. the was later learned FBI helped him that Doug Durham, ~scape a rape head of security for charge. the defense team. was an established FBI operative, re­ porting to the bureau's MInnea­ polis offlce. During the same trial, Th, Mom Camp A//air FBI Trlmbach refused agents David Price and Ronald to allow lie detector Williams met with former A 1M tests to be given to ,! . me mbe r Louis Moves Camp witnesses ar­ from August 5 thro ugh August ranged by the FBI to provide raise tes­ 10. 197~. at Elhworth Air Force timony. Base near Rapid City . The agents were apparently coaching klo\\,. Janklow had been charged in tribal court Moves Camp 'to perjure himself. "filling holes" with ra ping Eagle Deer, then fifte en, on the in the government case against AIM leaders Rmchud Reservation in 1967. When the rape Means and: Banks. who were charged as part of issue. prcdinably enough, failed to bear fruit, the "Wounded Knee leadership Trial." Eagle Deer became Durham's "companion." U.S. prosecutor R. D. Hurd requeSted a Shorrl y after the exposure of Durham's iden­ polygraph, examination be administered to tity as all infiltrator. he disappeared. Eagle Deer Move, C;:~tnp prior to his teStimony. Joseph in lOW. Her body was ctis~ovcrcd on a Nebraska Trimbach ~ the agent in charge of the FBI's hack road on April ~. 1976. Minneapolis o ffice, refused. It hirer turned out The official rcpon lis b; Eagle Deer's cause that events at Wounded Knee which Moves of oeadl as "hit and run," IAlthough the injuries Camp testified to as an "eyewitness" occurred caused by the hit and ru~ were too extensive while Moves Camp himself was in Californi

JUNE 1987 23 In the final affidavit, she say ~ she saw Peltier must be willing to fabricate other evidence." killing Williams and Coler. In : the first two (For additional legal background, see the article affidavits, she says only that he confessed to her by William Kunstler elsewhere in this issue.) that he had killed them. . To date, fifty-one members of the C.nadia~ The third affidavit was ultimately submitted Parliament have asked for a new trial in the to the Canadi:m govcrnmenf+with no mention case of Peltier, largely due to the fraudulent of the first two-to obtain I~e extradition of extradition ptoceeding. Six of the petitioners Peltier who had gooe to C.n.da not believing heJd cabinet positions in the government when he would get a fair trial. Latet, after Peltier had Peltier was extradited, including the then ",Ii c­ been forcibly returned [0 the 'lJnitcd States, itor general. Poor Bear recanted under oath ~ ~c information Jim Fulton, a member o f Parliament and in all three affidavits. She contended that Price sponsor of a petition protesting the extradition said that it "constitutes treaty fraud between our nations and should we sleep on this case, we (an surely expecr a re petition in the future .. .. As a f1

24 THE OTHER SIDE PHOTOGRAPH BY T~ \ANCOUVER SUN :

,lOti a half later when Anderson was picked up tied that his grand jury report was "false." Its in Albuquerque on a probation violation charge. con'en', ' he said, had been "suggested" by ,he Adams, this time accompanied by agent James FilL Doylc, again "interviewed" Anderson concern­ Th, Agerr, Coward It//air During Peltier's ing 'he fire f'ght. 1977 trial, agen' Coward, who had helped ge' Anderson ulrim,1(cly offered extremely contra­ a false slareinent out of Marvin Bragg, testified dicrory testimony. c1a\r"ing variously to have .ha. he ' had personally seen Peltier running witnessed Of not to have witnessed most of the away from ,he bodies of Williams and Coler. events of June 2(; from the roof of the Siers He claimed ,his sigh'ing was made from a dis­ ,I house in 111(.' .Jumping Dull compound. tance of approximately 800 meters (approxi­ f lis tc!aimol1Y, fr:tught whh inconsistencies mately half a mile) 'hrough a 7x riAe scope on

M-10YCXjRt\rH FROM AKWESASM: NOTES JUNE 1987 25 ..

Anderson and Drown.) Richard G. Held, an Since the maximum dis· archltoct 01 the tance whi ch the AR · 15 IIr,. ~ ! FBI 's controvenlal e jects it s ca rr ridges is ~ .. COWTt:LPRO program. about fifteen feet, this (" ,j. , ' supervised many 01 denec WilS used to imply the bureau's Pine that Peltier had fired th e Ridge operations, carr ridge in close proxim­ Including Leonard ity ro the InGu;on of the Peltier's lalse extra­

26 THE OTHER SIDE PHOTOGRAPH BY THE FBI ('((('cts ar(' still being (elt- by American Indians (or political ne utralization. The FBI also deliber­ in R('ner;t/ and Peltier in parricular,

M·I T RArH BY JUAN MM:Z JUNE 1987 27 his administrator father. Two days after his father took over on·sitc The younger Held spent sever,,1 years with command of the FBI's Pine Ridge operations. the FOl's Los Angeles office, engaged in anti­ Richard W. H eld arrived o n the scene. Accord ­ Black Panther work [here. As (he local COIN­ ing to an FDI memorandum dated July 26. 1975, TEI.PRO coordinator, he direcrcd act ivities which he was immedi<1 tely assigned to head up "three led to the cxaccrbarion of tensi ons bClwccn the important phases" of the operation. These were Dlack Panthers and Ron Karc nga's United "the coordination of hurellu-wide informants," Slaves Organization (US). This heightened [cn­ "the establi,hment of a conf.deotial fund" (for sion resulted in, among mher things, the shoO(­ an unstated purpose. but probahly for th e p<1~' ­ ing dea.hs of Olack Panther leaders Jon Huggins ment of inrormers. infiltrators. GOONs. and and Alprcnti cc "Dunchy" C urcr' hy US mem­ the like), and "the coordimuion of all intelli · hers in January 19()9. gence inform:ttioll as it rebt(,s 10 the Americall Ri chard \Y.!, Held "ppCilrs to hilV C been espe­ Indittn Movement. " cially adept ,H the handling of in(lltr;-ttors and The memo goe~ Oil 10 state. "Supervisor d1!,l'fI /J flrnt'fI(a/mr.!, such as Julio Burler. and the Held'~ presence was specifically n (,c(,~S :Hy

IlflWC\'l'r you look :11 il. ,hert: \\";!c; ;1 " Y<;ll·1\I

28 THE OTHER SIDE M IOTOGJl..-\PH FROM AkWfSAy...{ NOTES orgl1nizcrs were murdered, destabilized, or John Trudd.. 11 was imprisoned. Nearly every case is now traceable AIM-s last natIonal to governmenr intclli,gcncc sources and outright chalrp.. rson. HI! ;lssassi n;lI illflS and (r:llne-ups. 'COINTHI'R( ...-Ncw wit.. , thr .... chll- 1..('1'1.' lilt, ,l!f)vcrnmCIJI program dcsignetl to cit,· dr .. n, and moth.r­ I In-law w .. r .. lnexpll­ I ",al1ili / (' ant! d<:slroy Ihe s tlldent 1110 \'CI11 <: III , W;l'\ (' ~ l;lh l j s ll(.' tI ill I ()(.H ane! W:IS WiCt! wil h vigor cably burned to d .. ath In their ,Ie.p hy 1111: Nixon adl11illi ~ lrari()n . The all;lr k Oil February t 2, t 979. Indiall d<' IIHIII.oqr:llors :lIld particularly Oil "Illt'rt ­ Just a tew hours ( :111 II1 .1i;111 l\f fl Vl' 11 1l'1l I :ltl ivi s lS W;1S ;1I1d hnllal after Truddell had g ri sh', wilh :1 rar ,L!rt';II t: r ratin of dead,s and given a vigorously j rnl'ri <;~ IIIIll(,lH s 111:111 ; 1I' ~' 11,11 <." moveme llt," anti-FBI speech. 111 I') '(" IIw ( .lIu I"I 1I (1 IIIlIllirr('t" {olldl 'l1l1H'tI . t IlN III I'It·' ; '\. ;1 "" IJ ,hiqi';Hl'd . vi.ci l:1I1I 1' "1 'l'r:' , liol1:' K. t· ll y. \\'hll w as 'ht' li FBI dirc! IlIr, ~ aid II(> W, I" "trull' ,~ orr )''' fo r ~ 1I<.h l' Xn'S ~(: ~ , Ill' told dll.' n :uillll dial Ihl' hUrl';1U had cl' ;1 sl'd Sill h ;l l li \'i ! il' ,~. ;lnd hl' illt lude.! the ;1SSUfallu,.' Ihat Ih(: FlU \\'ould Ill'Vn t llg

Pf-fQT03R/1PH BY RARI-IOK\1JATS JUI\E 1987 29 .lIII1 C 2(" I'n) , fill speci.1 againsl Leonard Pc hier," "

:1 young All1 c rir;t 1l l.,d;;1I1, \\';15; ill s!) killed . Suhs{.'+ me nls were fal s ( ' ~ a ( (Ill( (, ,,0;; ion Ih :u I(,d o n e qU t' lldy. Ill(' rOllr oldest Ilidian 111;'1\(' 5 d1()lI,L!ill federal ;11'111' 11 ;11( ' cour! 1o ( 1, :lr;\( rni7,(, dlt'ir lI ~(' Ity 111(' hllrC:lll to h:t vc iW(,1l pf,CS (' 1l1 a l rh e a,o;; " ;1 r1el\r ahllw of tlH' inv('<;fig;lIi vt' "fI)( l' ,<;<; ."("(' IH.:-- Rohcrr E. Rllhid(';1\1 . D:Hcllc Dc tlll h y Ihc FBI." (A hill was eV(,11 inlrnt!'lu,d in rI, e nuder. J;1Il1 CS T . Fa/d c. ;llltl i..t' ol1 ;ud Pclri c r­ C:lIladian parli:lIIwnl If) re fllrn I'e hier II) Ih:lI were indi<.l cd j()illrl ~1 (nr ril(' lTlu nkrs or the ( oullIry.) ngc nrs. No Oil!' W;1S ('vcr {h:lr .I~(' d with Stunt7:S On April I R, I t) ?? , Peltier \\';1 .<; CO ll vi( I( ,d hy death. a jury in Fargo, Nnrrh Dakota, wherc hi ~ (a,o;;l' In July I ()7o. Rohid('au ;lntl I\ude r, picading had heell lI1y ,o;;lcrioll.o;;\y s hifl e d ~ Il1\1 (' h III III{'

s('I(-ddcll sc, were arqllirr c' d h}' ;1 jury ;drcr ;1 surprise of Iht' C('c!ar R:lpit! s i,ltlg(' . Pcl!it'r \\'a<; ICIl/!fhy trial in Cedar Rapids. Iowa (w hcre rh eir ('verllu:1l1 y SC I1{clH {'d 1o IWI) (tJl l ~<.'t I1{; \,(, I('nn o;; ( asc, ;1 '<; well :1 5 th ;1I or P{' lrit'r, kld h('(' n tr :Hl ~ ­ of life imprisfllllllc lIl. fe rred hecause of 1001 anr dndian pre judice in Upon appl';ll, Pe ltier's « lI1 viu if)I1,'i wcre af­ South Dakota). The JlI,<;lice DeparrnH'llt thell (mne d, The revi('wing (Ollr! :1 dlllille t\ Iha t " tlw decid ed (() dismiss rhe charges againsl ra,f,d e , ,h(' cvitl e nrc ag:1iml Ihirnl \\':1.0;; primaril y l ifltlll1- }'Clllngc,<;t of fh e four, co rH.('cling Ih :lI he lwei 11C1I ~la llli ;,d , " Ilo \\'('v('r , f il (' "uili<:d ('vid('rH{," \\ ' :1~ heen present al rh e Sh ClOl -fllIl. Their (' xp r ('~ ,<; the tcsrimo n), of Eva n" IllIlig(', a \'( f a ,~ hill gt( "I . 1l1Ofi\'e was rhar now "II", filII prose( uri ve weigh! hased FIJI fi rcarrns -iti t' l1!i fir alinfl SP( '( j :l li ~1. of ,he fed e ral gove rnrll c l11 could I'{' directed Agc nI Ilodgc lold lile iury lil;)1 a ,22 ' r alilwr

30 TilE Ol IIER SIDE '" InfC)(;IlAr'I' AY MI( I 1ft DURO IS ------. o ! I The Ordeal of Leonard Peltier

A Summary of the Legal Background

shell ra!'ing f~>und in the open trunk of Coler's hadn't ~()tten around tn looking at the crucial cu, just a few feet from his hody. was extracted (asing, re~eivec.l by him on july 24, 197), until from an AR-I ~ ri"(~ attrihutable to Peltier. 'Ie late that Decemher or early january of 1976-­ adrnirrt'd. thou,gh. that he (ould reach no condu­ more th~n a half-year after the Pine Ridge sion a~ to whether the ,gun had actually fired nmfrnnration and some three month5 following ftl(' h"lIet from that rasin.g, hecause of damage his r('ccil~t of the AR-15. However, he freely 10 ir" 'irinA pin and hreeth face surfaces. (The adminecl that he was constantly heing impor­ I'MhnIOJ!ist!' who had (onducred the autopsies tuned hy Rajlid City to test every .223 casing had ~ai(1 that the viuims were killed hy a high forwanlcd to him against any AR-I) as~()ciated \'doriry, srnall·calilwr w('apon, such as an AR­ with the June 2(, incident. Any sllch ca~ings I'), fired at dose and point-hlank range.) found near thc hodies of the agent~ were to he William M. Ilo"w"s festimony, ('xtremely damaging rn PeI­ examined on a I,riority basis, given the patholo­ riN, wa~ rhararreriz('cI h~' th(' prosl'curor as "thc gi~ts' 0l,inion that Coler and William~ had heen Kunstler most iml,ortant pic'( (' of (·\·j"('ncc in this (ase." shot at do~(' ran~e. Hi~ failure tn (10 so promrtiy. he exrlained. wa~ due tn a numher Y(,ars after rht' trial. Peltier obtained, of factors-the large volume of work associated r h rotlJ!h rl1(' Freedom of I nformation Act with thl' RESMURS inve~tigati()n, his neCl'ssary (rOI A), se\'cral doc lII11ents relating to the FBI's ah~cn(es from \Va!'hingron in connection with hallis,i(" ('xaminarion. On(, was an (krohl'r 2, other FAI h\l~ines~, and the fact that only he 1') 71, rd('tYI'l' from 11()(I~e to the resident agent and one as~istant were available for firearms at Rapid City, South Dakota (the field office iclrntificatlon purroses. in (harge of overall investigation). It reported While' 'od~e wa~ nn the stand. Peltier'~ rhilt ha"cd on a fornparisnn between all .22.' attorneys: were given an opportunity, for the rasin.g" found at thl' shoot-out scene (referred first timet tn look at the handwritten notcs of ro in FlHc'''c a~ RESM( IRS) and Peltier's AR.-I), hi~ R ESMURS work. They noticed that his key rhe W(';'pon in q1l(,,,tion (on rained "a different report-the one !'tating that the extractor mark~ firin~ pin than that in [the] rifle n~ed at frhc) on the key s'hell c:tsing matched Peltier's A R­ R ESM (JRS ~ren('." On thl' strength of thi!' I )-fonraine'd handwriting that seemed differ­ fel'orr, an appellate (ourt orderec.l judge Paul ent from that of either HodAe or his assistant. Ik""on, who hacl presided at the Far~o trial. .Just before the hearing's end, Hod~e was :t~ked to fonclu(f an appropriate cvidemiary hearing whether a third person had worked on the a~ to "tlw me;min~ of the Octoher 2, 197), RESMlJRS hallistics. He replied that nnne had. (('I('trl'(' and its rd:uion to the hallistics evidence 'Il' also cnntendetl that the handwritinA on the introdu(ecl at Peltier's trial." (I ncidemally, in report was indeed his assistant's. I (JR I. an apl,(,lIate nHlrt held that Bcn~()n had The defense then asked Judge Benson for il11l,roP('rly rai~ed the stereotype of a "drunken pcrmissi(;" to have all of Hodge's notes exam­ William Kunstrer Is Indian" in hi~ (har~e to the jury in a nt~e ined by ~ handwriting expert. After listening vtce-presldent of in\'ol"in~ an American Indian defendant.) to strenuous objections by government counsel. the Center for Con­ The hearing took plan- in Bismark, North who claimed that this request was a complete stitutional Rights. He has served, D;,kota, on Octoher 1-.'. 19R4. HndAe, who wa~re of time and money, the court rcluftantly along with Bruce El­ "':1S til(' only witne~~ Ilroduced by the govern­ granted Peltier's morion. The original notes lison. John J. Prlvt­ m('I1f, t('stifil-d that. hy the time of the Octoher were to he examined by an expert selected by tera. and Vine De­ .' td('rn'l', he h:tel only heen able to cxamine the defendant's attorneys at thc FBI laboratory loria. as a legal «'\'('n of th(' 1.'6 or so .22.' RESMURS ca~jngs in Washington, D.C., in the presence of a repre­ counsel to Leonard <,,"miffed fn him for comparison. In fact, he scntative of the government. The results, if PeltIer. ------_._------'

JUNE 1987 31 • po!;itive, would he made rart of the hearin~ by the FBI in response to Peltier's FOIAsuit. record. to know everything discussed or decided at An hour after the hearin~ wa!;. c1o!;e(l. all these meetings. But one could reasonahly ~uess nmnscl were suddenly asked tf~ rc.~urn to the as to some items on their agendas. For exam"le. courtroom. The government. dail11ing it had one reason advanced hy Rarid City for the "stubhed its toe," recalled Hodge. After Icaving Butler-Robitleau acquittals was the statement the stand. he said, he had shown the report in of the jury's foreper!\on. as rerorte(1 in the Ceda,' question to his :lssisf:lllf. who informed 'lodge RapiJJ Gaulle the day fnllowin~ the verdios. that the handwriting was not his. I ~o(lge admit­ that "the government (lid not rroduce suffi(ient H'd not knowin~ the idrntity of the rer!;on who evidence of ~uilt:' The hUI'{'au cnncludt'd that hatl written the "on"l1ent. It wa~ later reveale,1 "the jury aPrarently wanted the government to thar a lahorarory trainee namea William AI­ show that Rohideau and nurl('r actually I'ulled hrl'cht ha" written the key rl'l~ort ahout the the trigger at close range." matching of the nurial .22' casing and the What hetter way to surrly the mis!\in~ link A R-I ') attrihuted to Peltier, and that !;everal in Peltier's case than to connect his weapon other unidentified trainee!; hael as!;i!;tecl Hodge. with a shell case I're!;umably fnnnd ncar Coler's From the moment Ilod!!e testified, Peltier hody, the hullet from which could have heen has strenuously contended that the hallistics responsible for his death? In this matter. a little fabrication could go a long way to ohtain the conviction the FBI 50 desrerately sought. An agency that ha(i stoored to withholding and "The government apparently intends to doctoring its files as well as subornation of keep Peltier in prison until he can be perjury in the Means-Bank!\ rrosecurion. and false affidavits in this one, was certainly not quietly hauled to his grave." above suspicion in this resrect. In fact, in order­ ing the Bismarck hearin~, the appellate court had emphasized that the "discrepancy" in the evidence a~ain!;t him was fahriiated to in!;ure a October 2 teletype. particularly as it related to conviction. He hatf reason to he susricious of "a different firin~ pin." raised c;erious qllestinm I lo(f~e's damnin~ resritnnnl': Myrtle Poor ncar's ahout "the truth and accuracy of 'Io(l~e's te'sti­ extradition affidavits had hrcn' falsified. The mony re~ardin~ his inahility to reach a \nnt!u­ nine-month federal rros('curion in 1971j of sinn' on the firin~ rin anal)'!'is and his rosith,(, Dennis Banks and Russell Means. coleaders of conclusion reganlin~ the ('xtranor markin~s." the A I M oCfllpation of Wounded Knee. had Judge Benson's rulings were pulrs apart from ('('en (Iismissed hecaus(' of massive Fill mi!;con· those made hy the Rohi(I('au-U"rlC'r jud,!(,. 11(· dun. Now. 'lodge's I:thorarory n'Imrt of 0('· h:\cf. for ('xample. permitt('rl the prns('( minn '0 wher ., I, Ie)]). statt'd that "none of the ammo introduce gruesome I,ost·mortem rhofo.'!raph .. components at RESMt rRS" ('fHlld hJ associated of the dead a~ents-exhihits whit h had IWe'n with Peltier's weapon. . excluded a~ overly pre judicial to the defendants during the Iowa case. Pretlictahly, then, he The intensity of the FBI's determination to denied Peltier a new trial. On Ocroher 15. ICJR). hold someone accountahle for fhe loss of its the appeal from this deci!\ion was argued hefore two agents was ('vident in the a~ency's ag(Hlized a three-member ranel of the United Srates fru!;tration after the acquittals e)f Burler and Court of Arpeals for the Eighth Circuit in a St. Rohideau. On .July 19, 197(" t~ree days after L>uis courthouse, just a few hlocks away (rom th(' end of their trial, then-director Clarence where the Dred Scott case had heen tried. M. Kelley railed Rapid City ami. ref1uested the Almost a year later, the: trihunal tlnanirnolll;lr field officer's analysi!\ "as to possible reasons affirmed Benson's denial. why the jury found defendants not guilty." The reply hroadly hinted that the Iowa. trial judge The c()urt'~ opinion, which ha" been h:t(I, in a flumll('r or his ~iAnifinmt nilin~~, hern released tn the press a week I)('fol'(' it \\';1" overly partial to the defense. received by Pehier'~ COlInSei. is a mastcrl'i('((' Three weeks later. the first of a spate of of outrageous sophistry and intellectual tlishnn­ top-and middle-level conferences tfJok place at esty. The panel fnund that "the pro~ection with­ hureau headquarters_ The purpose o( this and held evidence from the defense (avorahle to fmure mCl'tings \Vas to "disnl~s \\'hat um he Peltier, an,t that. ha(1 this evirl('m'(' ht'l'n avail· done hy the HH to assist the ~n\'crnment in ahle to the defendant, it would havc allo\\'(,d him {the] presentation of [Peltier's1 case at trial." to cross-examine ~()vernment witfle!\ses more l3etween AlI~nst (" 1976. and the beginning of effectively." In addirion, it stressed that the the defendanr's trial in Fargo in March. 1977. newly-dis(()vere(1 evidence indkated '" lodge :1t least six similar confcrences we~e held. may not have heen tdling thc trmh" in hi~ It is imrossihle. ~iven the small rercenra~e hearing and trial testimony. Moreover, it of existent documentation relurtantly released pointed nut, if the rrn~enrtinn had not withheld --.. ------.-----.------

32 THE OTHER SIDE • rI" _"1' " , .1 " I "'!! ' I " , \ "I,nll.1I1 I nlllll'" I ~, ,, ", IItI,·11I \'. II 1. ,1" 1·" 11 ,ldh II III " In

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N,,1t. rI" I, "''' , 1' ,11 11' 1 1111 ' 1111,1' 1' ''; (f il l( I"dl'd, II lt'y \" ' 1" 11'1/ " III\' i llll'l l , h:lI ' Ihl ' jlll'r I" " /J,:/I/r ,\0111 , 1 Ir.I\I ' H ',I{ 111'11.1 ,lilll'l'I '1I1 r ('"ldt. " ()" .1 11111 ' ,) C; . I ',:-l i. dl l'l ' ( ' 111 11111 " " he(ort' rlw H i~ fI ),tll k 1H',lI'i l1 g. fllllr So\·it'l Nllhd Pri!.!' will ' 1I 1'rC; - ph ni{ i <; l ,c; P;rv I'1 A. (.Ilt'rc llkflv, Nokobi (~ . H ,I,<;o\', :llId All-bandr M, Prnkhorov , and I11 :Hht'lll;Hital 1'11I1101l1i ,,,, I.eonid V. Knliloro­ vi( h-, ,c;ig l1 c d an nppe:11 III Prcsidcnt RC:1,l!:11l on P e hjl'l" ~ hl'halr. Thl'Y r iled hi ,c; tn~c n.<; " n I ypila l ('xrl lIlplt, III' pllliriolly 1ll00iv:lfed perscl'Iuiof1 of Aml'ril :l 1l ,c; \\'IHI ;r H ' rlJ ~ hliflg (Ilr hllnlnn rights," After the Liberation TIH' :l p pclb,C (011r! Ir :l<; IIIIW ;"lllell ('VC'11 Illore ,c;lI hq:1IH I' In rhl'ir r11 l'l flril , ShlJrrl)' :rfll'r "I(' 1I11";1\'Or:lhl" d ec- i,<; ioll Ofl I'd ­ Every night he knell II('I" ~ :l I' PC:1/, ;r pl'liliofl (or ;r r(' lr c;lril1g W;I,<; be (ore the narrow bed h rou,,;hl Ilt: fon' rill' ;rpl'(,: I1.~ t oun. \,(/ lrile Ihe my father Ilraying for Ih e li ving {nlln !'(,I(,!lll y d ('uit'd rllnl I'l'rilif)n. olle o( rill' who no longer iiverl (or him jlld,l!I'" di <; ,<;t' nr('d, <;;Iyifl l! h(' wllllld have gr;lIl1 ed ;1 lit'\\' 1r t':1 rin,!.! , Thi .<; \\' ; I ~ the (irc;r di,<;s ('nt ifl ri l(' praying for th e peace of the dead

(:1"{' ;11 11 1 rhe (i na t' l 1(flllraJ:ifll~ !' i ,l~ n 0(:111 aW;H"( '- who would never be dead for him 11( ' <;,c; 01 i U~ li n.. (IIr Pe/ri(, L for his wife Theresa l It ·1, i( 'r ' <; t I (' (CII ,c;C ( I )f1l11l iI, ('e i <; l t I rrt'n t I), I'I'l.' p:l r ­ gone to the camps and madness ill}! III p('lilinn fllr :1 hl'ari ng in Ihe S1IprCIlle for his mother Vi ctoria ( ,tllIl'I . Tlr i ,~ ,,('Iii ion wi ll (olllain ,<;fa{ C I11('rll ,~ fnlfll !l\Tr .<; IXl r rnt'lllI 1( 'r,<; ,,( rill.: tJ.S, Ilom(' flf who di ed in the train H('I'I ('<;( ' nr :lIiv('<; :1 11 1\ frol1l dllirell Icn dn,c; all a consumptive 11\'(' 1' d ll' \\'Ilrld-·ill< lu,lin.'! \)n lllllnd TUIlI , Ihe for hi s father Pavel ;1rt Irhi,c; hllJ' Ill' L II11 1'1 hlll'r, .f l',<;.<;e .J rlcbnn, Rnhhi whom he had neve r loved l\;l l((Itrr!lf nr;( kilt'!', and I)Vt'I' seVC nI)' olhn.<;. Fllr IIIIW, rJH1I1,!h , Pc 'h it'r rC l11 ain .<; in I'r i <;o l1 -­ Eve ry night praying :t ll li ri ll' fedl'r;11 j.!IlVt'l' 11111 1..' 11 I tlpparenrly jlllt'l1d ,c; I III ke('1' hilll rhere IInrillrl' UII1 he quicri)' hau le d reclaiming on his knees .I, III Irl .~ gr;1v(' , E((fll'l,<; (1l11linIH,:-uIlSUCCl',<;S (ul1), the topography of Golgotha :11 Ilri,<; 1")101--10 oh,ai" more information (rom Ihl' Fl\r .. 11 (';\v;l), d ' l.~s i(Jt'd (I Ic: ,c; , Aprlrl (1'IJ 111 ./nbn G fl z/nll'.,ki 1 plllili(:l1 I' rt '<;'<; 111'( ' , in( ludill/! prC!;!' lIre (rom rill.' rt'iigillll" COl11l1l1ll1ir)', prnsp t'CI!; for Pdlier's rl'l" :I'<;I' ;11'1'(,:1r hl(,rlk , ~

For more infnrmi1liof1 on IHl 'W yon C ln help, conl,Kt the Inte rnational I..c.:nnllnl Peltier Defense Committee. Box (,451), K"m", Cill', K" (,(,10(, (R I('·).>I · ' 77,O . . ------._-_._----

I l f..'I\V. 'INt, /w (All II r 11\1 11(11"'" JUNE 1987 H