Dear Relatives,
The first time I met Leonard Peltier, as he walked out towards the attorney visitation room shackled while taking steps with a walker, I was struck that despite his aging frame, he still showed youthful charisma. He greeted us with a warm smile. Nearly fifty years of imprisonment under inhumane conditions have not broken his spirit, I mused; his life, as he has said, is a Sun Dance. Accompanied on the visit by WPLC staff attorneys Sandra Freeman and Summer Blaze Aubrey, we smudged in the parking lot of USP Coleman I, saying a prayer under the watchful eye of cameras and snipers, before walking into that soulless place surrounded by barbed wire. We know well that what keeps Leonard alive is his indomitable spirit and his hope that justice is yet to come. On June 10, 2024, Leonard will once more face the Parole Commission, a defunct body that exists only for “old law” prisoners sentenced prior to the Sentencing Reform Act of 1984, which abolished the Commission in favor of fixed prison terms at sentencing. Mr. Peltier has never been given a release date and has been eligible for parole since 1986. The Commission now has an opportunity to right a historical wrong.
The average time served by individuals sentenced by federal courts to life imprisonment for murder before they were released on parole was 8.8 years in 1985 and 27.4 years in 2015.15 Instead, Mr. Peltier has been incarcerated nearly half a century—5 times the length of a prison sentence normally served by those given a life sentence.
The efforts for Mr. Peltier’s upcoming parole has garnered vast support including expert letters, letters of assurance, and letters of support. Our good friend, colleague and former WPLC staff attorney, lead parole counsel Moira Meltzer-Cohen wrote in the parole submission: “it is the sincere hope and belief of undersigned counsel [and] all those who have contributed to these materials, including Mr. Peltier’s friends, family, and community; experts including historians, members of the bar and the judiciary, public figures, clergy, and even law enforcement; and Mr. Peltier himself, that you will release him into the arms of his loving community, that he may spend what time he has left on earth with his loved ones, supporting youth through connection to their traditional lifeways, free to live out his remaining days on his ancestral lands.” Former federal judge Kevin Sharp and attorney Jenipher Jones are also parole counsel for Mr. Peltier.
In support of parole, Water Protector Legal Collective, counsel for Mr. Peltier on other issues, submitted an expert letter on arbitrary detention and violation of constitutional due process and religious freedoms throughout the nearly five decades since Mr. Peltier’s incarceration. The letter states: “Legal experts, attorneys, and human rights organizations have highlighted the legal irregularities and lack of fundamental due process evident in Mr. Peltier’s case, including extradition in violation of international treaties, fabricated evidence, witness manipulation, denial of the right to invoke affirmative defenses, FBI interference, and violation of the obligation to disclose exculpatory evidence. Although the right to fundamental due process applies during parole proceedings, the cumulative effect of procedural deficiencies in parole proceedings are overwhelming and documented extensively in the UN Working Group on Arbitrary Detention decision of 2022.”
The letter asks the parole board to review the long history of procedural irregularities in parole proceedings as well as the UN Working Group on Arbitrary Detention decision of 2022 (A/HRC/WGAD/2022/7) which narrates the historical context and rampant anti-Indigenous sentiment surrounding Mr. Peltier’s detention. A pivotal figure in the American Indian Movement (AIM), which championed Indigenous civil rights starting in 1968, Mr. Peltier's involvement in AIM's efforts to address issues such as land rights, cultural preservation, and social justice underscores his historical significance. The 1973 AIM occupation of Pine Ridge shed light on systemic injustices, including the murders and disappearances of over 60 Indigenous individuals at the hands of FBI authorities, largely overlooked by mainstream discourse.
Other actions in support of parole include efforts by Mr. Peltier’s relatives including NDN Collective and others have provided assurance letters detailing a release plan to help Mr. Peltier return home. Support letters have also been submitted by prominent human rights and civil rights organizations, Tribal leaders, and members of Congress.
Leonard Peltier’s continued incarceration remains heavy in the hearts and minds of Indigenous Peoples of the world, who too often fail to find justice in the law. Our relative has spent nearly five decades behind bars. In marches for justice across Abya Yala (“land in its full maturity” in the Kuna language referring to what is widely known as Latin America), we often hear the phrase: “quisieron enterrarnos, pero no sabían que éramos semillas.” They wanted to bury us, but didn’t know we were seeds. The seeds for justice sown by our elders have grown and we are here, continuing the fight for the next seven generations.
As we move into the days ahead, we ask that you hold Leonard and his legal team in your hearts, thoughts, and prayers.
We will support Leonard Peltier until he is free. The time for his freedom and justice is now.
Urpillay sonqollay,
From the heart,
Natali Segovia, Esq. (Quechua)
Executive Director and Senior Attorney
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