The Ojibwe News (Bemidji, Minnesota), 1991-10-09

              Imprisoned Indian activist begins another bid for a new trial
By Dale Wetzel
Associated Press Writer
Bismarck, N.D. (AP) - Attorneys for Leonard
Peltier argued today that the American Indian activist
deserves a fresh look at his convictions for murdering
two FBI agents on a South Dakota Indian reservation.
Peltier, who has been in prison for 15 years, never
was allowed to properly defend federal murder charges
brought in connection with the June 1975 slayings,
lawyers William Kunsder, Eric Seitz and Bruce Ellison
contend.
Seitz said Peltier's trial in 1977 did not include
enough evidence of his state of mind when the
shootings took place. Peltier and others believed the
agents threatened their lives, Seitz said.
"They still had some sense that they were under
siege, they were under attack," Seitz said.
Lynn Crooks, an assistant U.S. attorney who helped
prosecute Peltier, believes defense lawyers are
rehashing issues already decided in federal appeals
court.
Crooks interrupted an opening statement today by
Ellison that FBI agents allegedly threatened an Indian
activist in Indiana only last week.
"We are obviously off on a political tirade at this
point," Crooks said.
Peltier admits firing at the agents during a shootout
involving several other men, but says he did not kill
them.
U.S. Magistrate Karen Klein, who presided at this
morning's hearing, will make a recommendation to
U.S. District Judge Paul Benson on whether Peltier
should get another trial.
Klein refused to grant requests that the 47-year-old
Peltier, who is in prison in Leavenworth, Kan., be
permitted to attend the proceeding.
Benson presided at Peltier's 1977 trial in Fargo and
sentenced him to two consecutive life prison terms. He
has refused two previous requests for a new trial and
several demands that he remove himself from the case.
Peltier was convicted of killing FBI agents Jack
Coler and Ronald Williams, who had driven onto the
Pine Ridge Indian Reservation in South Dakota to
arrest another man.
A gunfight erupted between the agents and a group of
Indian activists. The agents' cars were riddled with
more than 125 bullets. Both were wounded by
long-range gunfire and then shot at close range, court
documents indicate.
Crooks, at Peltier's trial, said he believed Peltier fired
the fatal shots. "The evidence . . . indicates that
Leonard Peltier was not only the leader of this group,
he started the fight, he started the shootings and that he
executed these two human beings at point-blank
range," Crooks said in his closing argument.
However, in subsequent proceedings, the government
has backed away from that contention, Peltier's
attorneys say. Peltier is now portrayed as aiding the
crime, not as the executioner, they argue.
"That undermines all the previous rulings in this
case," Kunstler said.
Crooks disputes that interpretation. In any case, the
prosecutor said, it does not make any legal difference.
"If you go out and rob a bank, the getaway driver
gets exactly the same treatment as the person who shot
the teller," Crooks said.
Peltier's lawyers have raised numerous allegations of
government misconduct in the case during a legal
battle that has lasted more than 14 years.
They contend the government withheld crucial
defense evidence and even made up three sworn
statements by a woman who claimed to have seen
Pelder shoot the agents. The statements were later used
to help extradite Peltier from Canada, where he fled
after the slayings.
Ballistics evidence uncovered after Peltier's trial
shows a weapon he was seen carrying could not have
fired the fatal shots, his lawyers contend.
A federal appeals court, in a September 1986 ruling,
did not consider the evidence sufficient to grant Peltier
a new trial. But appeals judge Gerald Heaney, author of
the decision, wrote a letter earlier this year outlining
reasons for President Bush to commute Peltier's
sentence.
A commutation would allow "the healing process to
begin," Heaney said in his letter, sent to Sen. Daniel
Inouye, D-Hawaii.
Inouye is planning to meet with Bush to discuss the
case. More than 50 members of Congress have signed a
plea for a new trial for Peltier, his lawyers say.
Peltier's supporters have mounted a vigorous
publicity campaign on his behalf, and about 150
backers attended a pre-hearing rally Wednesday night
at a Bismarck Indian college.
Author Peter Matthiessen, whose book "In the Spirit
of Crazy Horse" is sympathetic to Peltier, said he
hoped national attention to the case would help free
Peltier from prison.
"I think most people would agree that Peltier has
already served more than his share of the time,"
Matthiessen said. "I think that would be true even if he
were guilty. Now that we know he's not guilty, then it
becomes an outrage that he's still in prison."
More marijuana discovered at Red Lake
A second large find of marijuana was discovered and destroyed by the
Red Lake Police Department officers and Indian Affairs conservation
officers on Sept. 28. A plot of 115 plants was found in an aerial search
of the area in a boggy area of eastern Clearwater County after a tip from
an local farmer. The plants were uprooted, and officers hauled away
three pickup loads of marijuana weighing a total of 870 pounds. BlA
criminal investigator Julius Schoenbom estimated the value of this find
at $3,000 a plant. Both finds together had a street value of over a half a
million dollars.
BIA records released to dissidents
Senator Paul Wellstone announced last week that the Bureau of Indian
Affairs has responded to his request to release information concerning
the White Earth Tribal government and the use of federal funds.
Wellstone, a freshman Minnesota Democrat who sits on the Senate
Select Committee on Indian Affairs, met with dissidents last month and
told them they deserved a full accounting from their reservation leaders.
The dissidents are angry about the September 1990 election of Jerry
Rawley as secretary-treasurer of the tribe. They say the election was
rigged to help Rawley win over Eugene "Bugger" McArthur of Ogema.
Sue Bellefeuille, a Chippewa Indian and the reservation's former
bingo manager, said she put names and addresses on 135 absentee
election ballots that helped Rawley win re-election in a runoff against
McArthur.
Since the election, opponents of the tribal council have been
pressuring federal officials to investigate both the election and tribal
financing for the Shooting Star casino that is under construction in
Mahnomen. Dissidents contend that the BIA had been unable to account
for $12 million the tribe received as part of a 1985 land claims
settlement. Wellstone had asked that the information be made available
to protesting members of the tribe. The information concerns financial
operations and procedures of the tribe and the White Earth Land
Settlement Act. Tribal Chairman Darrell "Chip" Wadena insists there is
no mystery surrounding the money. He says the tribal council used
some $4 million to front-end the casino's construction costs and the rest
is being held in trust by the Treasury Department. The tribal council
must submit a formal request and a use plan before it can withdraw the
money.
In spite of the accusations and a series of demonstrations, the U.S.
attorney's office has declined to investigate. In a letter to the area
director of the BIA, former U.S. Attorney Jerry Arnold said his office
lacked the necessary jurisdiction to conduct an investigation.
Wellstone acted after meeting last month with both the protesters and
Tribal Chairman Chip Wadena. Wellstone has tried to play a mediating
role in the dispute between the two sides. "I am glad that the BIA has
released the requested public information so that all sides can examine
it," Wellstone said. "I am still hopeful that the two sides can sit down
and reach a reasonable resolution to their disagreements."
Meeting for folk artists on Oct. 29
All regional folk artists are invited to attend a meeting in Bemidji with
state folklorist Phil Nusbaum.
Nusbaum will be presenting information on the state Folk Arts
Apprenticeship Program. This Program seeks to encourage promising
individual folk artists to study with master folk artists. Information will
also be presented on the compilation of a Folk Arts Directory, a juried
listing of folk artists which will be distributed to potential folk arts
programmers.
The designation "folk arts" includes such things as old time music,
rosemaling, quill work, beadwork, blacksmithing, basketmaking,
traditional needlework, quilting, etc.
The meeting is scheduled for Tuesday evening, Oct. 29th, at 7:00 p.m.
at the Bemidji Art Center, 426 Bemidji Ave. There is no charge for
attending this presentation, however, if you plan to attend, you should
call by Oct. 24th at 751-5447 to preregister.
New Native American business in Bemidji
Mke and Joe Lemon opening Eagle Optics in Bemidji
Mike and Joe Lemon claim to be
the only Native Americans to operate
an ophthalmic service, and they have
chosen Bemidji for their venture.
Mike and Joe are returning home
to operate their business, since both
are graduates of Bemidji High
School. They received additional
training at Anoka Technical College
and have several years of experience
working with commercial and
industrial lenses.
They are joined by a third partner,
Phyllis Butterfly of Cass Lake, in
their operation of Eagle Optics
located at 412 Beltrami Ave. They
sell eyeware and fill prescriptions,
and they hope to have a doctor on
board in a part-time capacity in the
near future so they can offer eye
exams and contact lens fittings.
If they had more funding
available. Eagle Optics would like to
offer a one hour glassware service.
They have the expertise to do so but
are presently limited in funds.
Eventually they plan to manufacture
lenses to help supply the eye needs
of Leech Lake and other
surrounding Reservations. Their
operation's goal is to employ 20 to
30 people, a partial solution to the
unemployment problem of Native
Americans.
Mike said, "We saw a need for
jobs in Bemidji and it was always
one of my goals to return home and
help Native Americans. It's not
always easy for them to get jobs and
I hope our business gives incentive
to others. We'd like to let them
know it can be done."
Fifty Cents
Founded in 1988
Volume 4 Issue 7
' Copyright, the Ojibwe News, 1991
A Bi-Monthly Publication
Bemidji, Minnesota 56601
Ethnic diversity celebrated by Augsburg College community
Minneapolis, Minn. - Augsburg
College celebrated its ethnic
diversity with an all-day "Diversity
in Community" program
Wednesday, Sept. 25. The event
kicked off a year-long recognition of
Augsburg's long commitment to
recruiting students from diverse
ethnic and natipnal origins and to
building community among different
peoples.
The day began with a multicultural
worship service in which the flags of
28 nations and the church formed a
colorful processional.
Representatives of the Asian, Black,
Native American, Hispanic
communities and other nations
shared songs and Bible readings irs-
their native languages.
"Each of us brings gifts to
Augsburg," said M. Anita Gay,
Augsburg Director of Black
Student Affairs, who urged
individuals to celebrate their
differences while recognizing
human commonality.
Keynote speaker Kevin Locke, a
Lakota from South Dakota's
Standing Rock Reservation,
performed a rousing Hoop Dance,
with 28 hoops representing
Augsburg's community. Locke said
the hoop dance symbolized the
"beautiful harmony resulting from
the unity of our distinctive voices."
Locke also played traditional flute
and told parables emphasizing the
importance of opening our hearts to
others.
"We come as strangers to
Augsburg and we need each other's
hospitality," said the Rev. James
Thomas, a Black minister. "We must
not close our eyes and hearts to
strangers nor abandon people with
special needs."
Afternoon classes at Augsburg
focused on the theme of diversity.
Keynote speaker at the morning convocation was Kevin Locke (above), a lecturer and consultant on American
Indian values. Locke, a Lakota from South Dakota's Standing Rock Reservation, is also a renown traditional
flutist and a performer of Indian dance. Locke concluded his address with a performance of the Lakota Hoop
Dance for a standing room only audience.
Ethnic foods, crafts and music were
offered outdoors at the college
square.
An original play, "Finding
Common Ground: A Satirical
Review of Diversity and
Multiculturalism on Campus," by
Black playwright and Augsburg
alumnus Sly Jones was performed
on campus that evening.
Achieving human diversity has
been a conscious goal at Augsburg
College for more than 30 years. Of
its 3,000 curent students, 16.5
percent are Black, Native American,
Asian-American, Hispanic and
foreign nationals.
Augsburg College is a private,
residential liberal arts college of the
Evangelical Lutheran Church in
America located in the heart of the
Twin Cities.
Funding for the "Diversity in
Community" event was provided in
part by the Norwest Contribution
Council of the Norwest Foundation
and the McKnight Foundation.
Racism 'almost a way of life' for region's Indians
By Tracy Shatek
Bemidji, Minn. - Racism routinely
rears its ugly head in courtrooms
throughout northern Minnesota,
according to testimony presented at
a public hearing last week.
Indians in northern Minnesota
harbor "silent rage" about the racism
they see and feel in the state's legal
system, said Paul Thiebeault,
director of Anishinabe Legal
Services.
"We glibly assume people are
being treated in an unbiased way,"
Thiebeault said. "But Indians
experience racism in a thousand
different ways every day."
Thiebeault's testimony came
before a panel formed last year to
study racial bias in Minnesota's
court system. The task force, made
up of judges, attorneys and
community group representatives,
will hold seven hearings in the state
before producing a report for the
Minnesota State Supreme Court in
January 1993.
More than a dozen witnesses -
including a public defender and a
county attorney - testified that
racism exists in Minnesota's legal
system.
Bruce Graves, a former Chief
Justice of the Red Lake Indian
band's court system, said Indians
routinely are rejected for jury duty
by Beltrami County authorities.
Indians from Red Lake, White Earth
and Leech Lake have come to accept
and anticipate racism from white
authorities, Graves said. "It's almost
a fact, a way of life, that's how it is
in Bemidji."
Timothy Faver, the Beltrami
County Attorney, said more often
than not juries have at least one
Indian member. Faver said he
thought racism was no more
prevalent in Beltrami County than
anywhere else in Minnesota.
Peter Cannon, a panel member and
an attorney for the White Earth
band, said Indians commonly
believe county authorities treat
Indians differendy.
"Perception is reality," Cannon
said. "And Indian people perceive
this county as being particularly
racially biased."
Faver said he had no way of
altering Indians' perception of
county officials, which led one panel
member to inquire whether the
county employes and Indian
prosecutors.
Faver said there were no Indian
attorneys or other employees on his
staff. He estimated the city and
county police forces have three
Indian officers among approximately 34 total members. He
estimated that Indians make up
about 10 percent of Beltrami
County's population.
Doug Johnson, an attorney for
Northwest Minnesota Legal
Services, said he's known of only
one non-white judge in the 15
county courthouses in which he's
worked in northern Minnesota.
"It's a profoundly alienating
experience for (minorities) to come
in and see all white court personnel,"
Johnson said.
"Until we have Native American
judges and Native American court
personnel . . . these problems are
going to continue."
Paul Kief, chief public defender for
a federal court district covering much
of northern Minnesota, said he's seen
racial bias in the legal system.
"Things have improved in the 33
years since I've been up here," he
said. "But racism certainly hasn't
been eliminated."
[Reprinted with permission from
Grand Forks Herald, October, 3,
1991.]
National conference focuses on minority business
New York, N.Y. - More than
1,500 minority business owners,
corporate executives and
government officials will meet at the
New York Hilton Oct. 20-23 to
develop competitive strategies to
expand minority business
development.
"Supplier Diversity: Sharpening
the Competitive Edge" is the theme
of the National Minority Supplier
Development Council's (NMSDC)
1991 conference. The NMSDC
encourages mutually beneficial links
between minority suppliers and the
public and private sectors, and helps
build a stronger, more equitable
society by supporting and promoting
minority business development.
"The 1990s are a decade of
opportunity for the minority
entrepreneur with vision and high
performance," says Harriet R.
Michel, NMSDC president and
noted administrator and public
policy expert on issues affecting
minorities. "We seek to expand
economic opportunities for those
who have historically been left out
of the economic equation, acting as
a matchmaker between corporations
and minority companies."
According to the U.S. Department
of Commerce, there are nearly 1.5
million minority businesses in the
U.S. and this is one of the fastest
growing business segments.
Joseph E. Antonini, chairman,
president and CEO of K-Mart
Corporation, says, "From where I
stand, looking at the global economy
and how it can be influenced,
looking at the challenges of the 21st
century, it's just smart business to
attract, retain, develop and promote
competent employees and join in
partnerships that encourage minority
business development at all levels."
Founded in 1972, the NMSDC and
its 45 affiliated regional councils are
Conference/ see page 2