Top prosecutor in Leonard Peltier case urges clemency in ‘extraordinary’ move

The letter is an extraordinary development for the Native American activist who has been incarcerated for more than 40 years. Civil rights activists and indigenous leaders have long argued that he faced a deeply flawed and unfair trial.

The clemency push from a former US prosecutor, which is highly unusual, comes as Obama has continued to pardon or commute the sentences of hundreds of prisoners in his final weeks in office, raising hopes that he will also release political activists jailed for decades.

Peltiers conviction stems from the American Indian Movements siege of the site of the Wounded Knee massacre where the US army slaughtered hundreds of Lakota people in 1890. The actions at the Pine Ridge reservation in South Dakota, which began in 1973 and protested broken treaties, prompted an aggressive response from the FBI.

Peltier, who is serving two life sentences, arrived in June of 1975, and soon after two FBI agents entered private property and sparked a shootout. The special agents, Jack Coler and Ronald Williams, were killed during the confrontation, along with Joseph Stuntz, a Native American.

According to Peltiers attorneys, who filed a clemency request last year, federal agents made false statements and affidavits, coerced witness statements and deliberately withheld crucial ballistics reports. A prosecutor eventually admitted in court that the US attorneys office cant prove who shot [the agents] and claimed that Peltier was guilty of aiding and abetting in the shooting.

Reynolds was appointed US attorney in 1976 and oversaw the cases appeal when much of the evidence that raised serious doubts about the governments case were revealed.

The former prosecutors letter to Obama does not address the underlying conviction, and in an interview, he declined to say whether he believed Peltier is innocent.

But Reynolds said it was wrong for Peltier to remain behind bars after 40 years, particularly considering that prosecutors ultimately considered him an accomplice in the crime. Youre not really participating in the crime yourself. Just because youre there, youre going to get nailed.

Citing Peltiers motives, Reynolds added, he didnt go out there with the intention to kill anybody. He was trying to protect his people.

Cynthia K Dunne, a former assistant US attorney who is representing Peltier, said she has never heard of a case of a federal prosecutor requesting clemency.

Its really incredibly extraordinary to have the lead prosecutor on the case stand up, she said, noting that the FBI has continued to oppose Peltiers release. It takes a lot of strength to take on the institution.

Dunne, who communicates regularly with Peltier, said he was pleased to learn of Reynolds letter, but didnt want to get his hopes up given past disappointments: Its just a horrible time to be waiting and not knowing.

The renewed fight for clemency comes at a time when the Standing Rock tribes fight against an oil pipeline in North Dakota has become an international flashpoint for indigenous rights. Local law enforcements harsh tactics and aggressive prosecutions have drawn parallels to the governments treatment of Peltier.

The Obama administrations recent decision to deny a key permit for the Dakota Access pipeline has further sparked hope that he may seek to release Peltier and cement his legacy on indigenous rights.

Time is running out before the inauguration of President-elect Donald Trump, who is not expected to continue Obamas records of clemency grants and pardons.

Peltiers request for clemency is not a pardon appeal, but simply asks that Obama reduce the sentence. If he doesnt take action before 19 January, Dunne added, Mr Peltier will die in jail. Hes too frail and too sick to make it much longer in the prison system.