Friday, April 23, 2010
Marshall Trial, Part II – Winners and Losers
Sunday, April 18, 2010
Tales From the Courtroom: Arlo Takes the Fall, Once Again
Now, in the year 2010, we’re back in the same courtroom with the same judge. Judge Piersol walks softly (and is sometimes difficult to hear) but carries a big gavel, as when he threatened to clear the courtroom if he hears another cell phone. One notable difference this time around: the big fish are nowhere to be found. However, the same AIM underlings are testifying, and once again demonstrating an acquired skill of prevarication under oath. And getting away with it quite nicely. There was Candy Hamilton, gaunt and stern-looking, staring intently, telling the same old story of being surrounded by Anna Mae’s killers but not having a clue as to what was about to happen. Same for Troy Lynn Yellow Wood, still unable to summon any remorse for hosting Anna Mae’s abduction party. And Cleo Gates, the ex-wife of the accused, Richard Vine Marshall, saying they never kept a gun in their house during the most violent period in AIM history. The defendant sits expressionless next to his baldheaded defender, Dana Hanna, who is ready to pounce on any perceived inequity shown towards his client. At issue is whether or not Marshall, Russell Means’s former bodyguard, provided the murder weapon used to shoot Anna Mae in the head at close range. Marshall had already served time and admitted guilt for doing one for Russ, a fact the jury was not supposed to hear. Marshall’s 1977 murder sentence was commuted after he admitted fatally shooting Martin Montileaux in a barroom bathroom in 1975, the same year the AIM leadership condemned Anna Mae. Rumor has it that Montileaux was threatening to go public with information about secret AIM murders dating back to the Wounded Knee takeover in 1973. Standing next to Marshall when he shot Montileaux in the neck was his boss, Russell Means. Tried separately, Means was found not guilty.
Unlike many victims from the 1970s, the legacy of AIM leaders getting away with it is alive and well. Even at the time of the first trial, we knew Arlo’s conviction would become a hollow victory if the others did not follow him. You see, he was supposed to take the fall for his AIM leaders and their lying enablers. So far, so good. As is usually the case when adjudicating AIM violence, the real culprits slip through their escape hatch, to the waiting arms of semi-ignorant supporters, political opportunists, and Hollywood Lefties.
So now we’re faced with a similar dilemma in the courtroom: a confused jury, several co-conspirators committing perjury, and another uncertain outcome. And to make matters worse for the prosecution, Arlo has now become their star witness. Worse because Arlo had to explain changes to his story, twists that have kept the jurors awake. One was Arlo’s justification for previously not mentioning the stop at the Marshall residence for fear of what Russell’s hit man might have done to Arlo’s many reservation relatives. It was not until 2008 that Arlo changed his story to include the stop in Allen, South Dakota, and the house where Cleo said her husband did not keep a gun of any description. Unfortunately, I think the jury buys it. If they only knew how poorly Arlo has been served by previous defense counsel, that is, until a conscientious attorney by the name of Barry Bachrach decided to help Arlo, rather than help him roll over. Bachrach used to be Leonard Peltier’s attorney, until he saw the light and was bothered by a conscience that would not let him represent an unrepentant killer who has bilked millions of dollars from well-intentioned supporters egged on by the media. (But that’s a whole’ nother story!) At least Arlo shows true remorse, although it is difficult for the jury to see. Bachrach hopes the judge will allow him to violate his attorney-client privilege so he can testify on behalf of his client. Somebody needs to resuscitate Arlo’s story and credibility, and it might as well be his own lawyer. The judge will announce his ruling on the matter first thing Monday morning, despite Hanna’s calling it “extremely irregular.” Hanna was calm compared to when he loudly objected to Arlo blurting out that Marshall was “Russell Means’s enforcer.” “Objection!” thundered Hannah. “I move for an immediate mistrial… this has poisoned any chance for a fair trial for my client.” It did not seem fair that Arlo was forbidden from explaining why he feared Dick Marshall and had left out the part about being in Dick’s bedroom on the night of the murder. That was when Dick was allegedly handed a note with the instructions, “take care of the baggage” a quote Cleo changed to “take care of the luggage” when she was under oath. Hanna protests that Arlo’s new version is simply an attempt to have his life sentence reduced. The judge ruled that the show must go on.
Arlo’s other alteration came as an even bigger shock. 2008 was also the first time he mentioned the name of the man who greeted him at the door at Bill Means’s house, the second-to-last stop on Anna Mae’s final ride into the wilderness. When Arlo needed to use the bathroom, he temporarily left his prisoner in the back of the Pinto hatchback. When Arlo knocked on Russell's brother's door, he says he was greeted by Charlie Abourezk, Russell’s other main AIM buddy at the time. Today, Charlie is known as a well-placed lawyer in Rapid City and the son of South Dakota’s former Senator, James Abourezk. Arlo wants the jury to believe that anyone powerful and closely associated with Russell Means could be viewed as a very serious threat. He might be right about that. For the fellow who I spied in the courtroom, the one who gave the nod to Russell in 2004, was the same man Arlo says he fears. And his name is Charlie Abourezk.
www.americanindianmafia.com
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Monday, December 21, 2009
Letter to Red Nation
December 3, 2009
Joanelle Romero, Founder - Red Nation
9420 Reseda Blvd PMB 352
Northridge CA, 91324-2974
Dear Ms. Romero,
I was the FBI Agent in charge of South Dakota when, on June 26, 1975, Leonard Peltier gunned down two young Agents under my supervision. I have recently learned that your organization, Red Nation, has awarded Peltier your first annual humanitarian award. I can only surmise that your group is unaware of the facts of this double murder and Peltier’s continued efforts to deflect attention from his crimes by masquerading as an American Indian victim of persecution. My book, American Indian Mafia, sets the record straight regarding Peltier’s made-up persona as a political prisoner and exposes the true legacy of Peltier’s crime bosses, leaders of the American Indian Movement (AIM).
I was there that day, responding to the frantic radio calls from 27-year-old Ron Williams after he and his partner, 28-year-old Jack Coler, came under fire from shooters well outside the range of their service revolvers. Exposed in an open field, the men were caught virtually defenseless. Peltier, at the time a wanted fugitive, later admitted that he mistakenly believed the Agents were there to arrest him. The evidence shows that Peltier fired from a distance of over 200 yards from the cover of a large elm tree. At least a hundred shell casings matching Peltier’s assault rifle were found at the scene. Other shooters joined in, all aiming at Ron and Jack as they sought cover behind their vehicles. Over 125 bullet holes were found in their Bureau cars.
After both men were wounded, Peltier and two of his accomplices went down to the injured Agents and shot them both at point-blank range. We know this because of the evidence presented at Peltier's trial and because Peltier later bragged about shooting Ron Williams in the face as he sat pleading for his life. The autopsy report confirms that Ron died with his right hand raised in front of his face to ward off the blast from Peltier’s weapon. We learned about Peltier’s boast from testimony given at the 2004 trial of AIM member Arlo Looking Cloud, who was found guilty of murdering AIM activist Anna Mae Aquash. I attended that trial, where the former common-law wife of AIM founder Dennis Banks, Ka-Mook Nichols, recalled under oath how Peltier reenacted his crime with gestures and boasted, “The motherf—ker was begging for his life but I shot him anyway.”
Six months after the Agents’ murders, Peltier’s leaders ordered the execution-style murder of Aquash, the mother of two young girls, because they thought she was an FBI informant. She was never an informant. Once again, AIM thugs had acted on faulty assumptions. Looking Cloud and his accomplice dragged Anna Mae from a car, shot her in the head, and pushed her off a cliff. Peltier had earlier interrogated Anna Mae by putting a loaded gun in her mouth. He called this administering “truth serum.” Peltier may have sealed Anna Mae’s fate because she was also present when he boasted about shooting Agent Williams. Peltier had given his leaders another reason to eliminate her.
In July of this year, I sat a few feet away from inmate Peltier at his parole hearing, where I urged him to accept responsibility for his crimes and ask for forgiveness from his victims’ families. As I read my statement, he could only stare at the floor. The parole board found him to be undeserving, defiant, and completely without remorse. Like every judge who has reviewed the Peltier murder case, the board saw through his phony cloak of victimhood. Every one of Peltier’s alibis has been exposed as a cynical ruse directed against his supporters, whom he must surely regard as mindless tools.
For over 30 years, Peltier has relied on the ignorance of political organizations and well-intentioned human rights activists to sustain the myth of his innocence and the success of his illicit defense fund, now operating under a fraudulent non-profit corporation. Your group is just the latest to fall victim to the same old conspiracy theories and shameless lies of Peltier and his chief falsifiers, Peter Matthiessen, the author of In the Spirit of Crazy Horse, and Robert Redford, the producer of the documentary, Incident at Oglala. As my book documents, both of these media productions are full of distortions, falsehoods, and Peltier’s well-rehearsed fables.
It is time for all people who have been fooled by the Peltier propaganda machine to educate themselves on the facts and join Native American groups who rightly condemn Peltier and his misguided defenders. I urge Red Nation to rescind the award given this unrepentant killer and take a stand for Native American truth and virtue. It is not too late to restore dignity and honor to your humanitarian award. There are plenty of American Indians deserving of your accolades, but the pathetic manipulator who now serves two consecutive life sentences in a federal penitentiary is certainly not one of them.
Sincerely,
Joe Trimbach
www.americanindianmafia.com
Monday, October 12, 2009
Letter asks the National Museum of the American Indian to Support Truthful Indian History and Exposes Leonard Peltier Fund Fraud
In a letter to the Director of the National Museum of the American Indian, former FBI Agent in Charge Joseph H. Trimbach asks for the Director's help in supporting truthful Native American history. The letter also raises questions about the legality of Leonard Peltier's legal defense funds. On April 28, 2008, Peltier's sister, Betty Ann Solano, filed articles of incorporation for the Leonard Peltier Defense Offense Committee. The fund was previously known as the Leonard Peltier Defense Committee. Peltier's funds are filed under nonprofit corporations in possible violation of IRS tax regulations and disclosure requirements. Peltier has thus far refused to publicly disclose his financial records.
October 7, 2009
Mr. Kevin Gover, Director
National Museum of the American Indian
PO Box 23473
Washington, DC 20026
Dear Mr. Gover,
Congratulations on the fifth anniversary of the National Museum of the American Indian. The museum showcases a masterful display of Indian culture and artistry and has become a wonderful addition to the Smithsonian. It has come to my attention, however, that the museum bookstore sells a book that falsifies Indian history by depicting a murderer as an Indian hero. Peter Matthiessen’s In the Spirit of Crazy Horse glorifies convicted killer Leonard Peltier and places him on a pedestal alongside the brave and noble Chief Crazy Horse. My account of what happened, American Indian Mafia, takes issue with this attempt to portray Peltier’s cowardice and evil as Indian heroism and virtue. I cite several Native Americans who honor the truth and who contributed to setting the historical record straight. Award-winning Native journalist Tim Giago wrote that American Indian Mafia “takes apart” In the Spirit of Crazy Horse “and exposes it for the fraud that it is. It is refreshing to finally hear the other side of the story.” Paul DeMain, editor of News from Indian Country, says that my book helps expose Peltier’s foggy alibis and false cry for human rights.
Mr. Gover, I was the FBI Agent in Charge when, on June 26, 1975, Peltier gunned down two of my Agents on the Pine Ridge Reservation in South Dakota. After the men were injured and disarmed, Peltier executed both of them with his assault rifle. We know this because of the evidence presented at his trial and because Peltier later boasted about shooting 28-year-old Ron Williams in the face at point-blank range as he sat pleading for his life and trying to save Jack Coler, his injured partner. Peltier’s recent parole board concluded that he is undeserving of parole based on his behavior behind bars. I read a statement to Peltier at his July 28 hearing; and I can assure you that he remains defiant, manipulative, and utterly unrepentant.
Despite losing all his appeals, Peltier and his lawyers have fooled many people into believing that he was framed for the murders. Rather than accept responsibility for his crimes, Peltier exploits his Indian ancestry by sponsoring a fraudulent defense fund under the shelter of a tax-exempt organization. Over the last 30 years, Peltier has collected millions of dollars abusing the charitable instincts of people who care about genuine Indian suffering and hardship. Donors have no idea that this money is doled out to Peltier’s friends and supporters. Proceeds from the sale of In the Spirit of Crazy Horse also go directly to Peltier’s not-for-profit corporation, with no accountability.
Mr. Gover, the National Museum of the American Indian is a cultural gem that has enlightened and educated millions of visitors, but having Matthiessen’s book on display in your bookstore is a conspicuous blot on an otherwise fine collection of Indian literature. It is bad enough to invoke the spirit of Crazy Horse in defense of a murderer, but it is even worse to profit from this charade under the guise of authentic Indian history.
I am not in favor of censorship, but I believe you owe it to your patrons to present “both sides of the story.” Please consider making my historical account available in your bookstore so that people will have access to a fact-based rebuttal to Peltier’s lies. I hope you will take the occasion of the museum’s gala celebration to allow me, as well as the Indian witnesses in American Indian Mafia, the opportunity to counter Peter Matthiessen’s unconscionable depiction of Leonard Peltier as an Indian hero.
Regards,
Joseph H. Trimbach
AmericanIndianMafia.com
Expertclick.com keyword: Trimbach
Sunday, July 26, 2009
10 Reasons Why Leonard Peltier Should Never Be Freed
For the record, Peltier objects to serving time for the execution-style murders of FBI Agents Jack Coler and Ron Williams on June 26, 1975. Peltier has always claimed that the truth of his innocence has never had a chance to blossom. While truth, no doubt, plays a reassuring role in the quest for justice, it is not something that has been a friend to the infamous Native American cause célèbre. The truth is particularly harmful to Peltier this year because he comes up for a truth-detecting parole board hearing in two days, on July 28, his first since 1993. Some say this is his last chance to bamboozle the board with his version of the truth.
Nevertheless, Peltier's fans, at one time numbering in the millions, remain hopeful; people like Robert Redford, Bishop Desmond Tutu, and the fact finders at Amnesty International, all of whom have never been impressed by the mountain of evidence against their favorite felon. Even those who say Peltier may be guilty as charged argue that he should be freed for "humanitarian" reasons because he'll soon be 65-years-old.
Though most Peltier supporters are loath to admit it, the truth has never failed to surface about Peltier's role in the executions; first during his trial, and ever since, through old secrets revealed. Moreover, the evidence has always beaten a path to Peltier's cell door, most often by way of his own flawed thinking and verbal admissions. Peltier thought the Agents were there to arrest him (they weren't), that he was justified in shooting two men in the face at point-blank range (he wasn't), and that he can now lie his way to freedom before a parole board (he can't.)
But because Peltier says he didn't do it, his followers simply believe him. Not only do they believe him, they issue astounding proclamations in support of his innocence, his make-belief persona as "political prisoner," and his "human rights activist" nonsense. As one blogger recently swore, "Leonard Peltier is not in prison for killing the two Federal Bureau of Investigations (FBI) Agents as is alleged, he has been incarcerated for 33 years because he belonged to a group (American Indian Movement) that dared to challenge the federal government and their lies. When one has the audacity to challenge the fedgov, he/she becomes a target for malicious prosecution, fabricated evidence, witness tampering and illegal imprisonment. Leonard Peltier has experienced all of these in the extreme. "
"Extreme" is certainly a word Peltier pushers are familiar with. "Extreme," as in not allowing the facts to get in the way of regurgitating fables and falsehoods. "Extreme," as in ignoring the Federal Register, the Federal Record, and the court testimony, all of which place Peltier at the scene of the crime, at the moment the killing shots were fired. And so in the spirit of Coler and Williams, here are ten truthful reasons why an unrepentant Peltier should never see the light of day as a free man:
1. Peltier was fairly tried and fairly convicted. This is the conclusion of every single federal judge who's reviewed the case. Since his conviction in 1977, the evidence against Peltier has been repeatedly confirmed, expanded, and corroborated. [See: http://www.noparolepeltier.com/585.html (Note FN 15: "The two witnesses testified outside the presence of the jury that after their testimony at trial, they had been threatened by Peltier himself that if they did not return to court and testify that their earlier testimony had been induced by F.B.I. threats, their lives would be in danger")]
2. Facts of the case prove that Peltier opened fire on the Agents from a distance of over 200 yards. Armed with only their side arms, both young men were soon wounded. After the initial shooting ended, Peltier, along with two other men, walked down to the wounded Agents and finished them off, shooting them both in the face at point-blank range.
3. A few months after the murders, Peltier bragged about killing Agent Ron Williams, as recalled by a witness in a separate murder trial in 2004. Under oath, the witness recalled Peltier's exact words: "The motherfu—er was begging for his life but I shot him anyway." (See: http://www.jfamr.org/doc/kmtest1.html.)
4. Peltier has parlayed his Native American ancestry into a successful defense fund, bilking millions of people out of their time and money. He has fooled Amnesty International, Mikhail Gorbachev, Nelson Mandela, the Dali Lama, and people all over the world. Peltier is supported by Hollywood heavyweights such as David Geffen, Barbra Streisand, and Oliver Stone, all of whom have fallen prey to his propaganda machine. Robert Redford produced and narrated a documentary that relies on politics and propaganda to explain away Peltier's guilt, such as the Mr. X alibi concocted by Peltier's friends. The X story, promoted by author Peter Matthiessen in an effort to sell his book about Peltier, was later exposed as a complete hoax.
5. Freeing an unrepentant murderer runs contrary to all principles of parole and rehabilitation. A free Peltier would undermine law enforcement efforts, subvert the rule of law, and compound the anguish of the victims' families. Freeing the killer of two FBI Agents would be particularly devastating to other Federal Agents who risk their lives every day in pursuit of criminals. Parole to a remorseless killer would also be detrimental to American interests by giving ammunition to our enemies. They will point to our system of justice as obviously flawed, thus confirming their argument that Peltier was wrongfully convicted and that our court system is unfair. Worldwide media will parrot these conclusions as if they are fact-based.
6. Freeing a guilty killer like Peltier would undermine efforts to investigate crimes on Indian reservations. Many Indians would view his freedom as a sign that the FBI and the Justice Department had always tried to mislead Indian Country about the facts of the case. Many Indians would be more reluctant to cooperate with current investigations.
7. Peltier claimed his prison break in July 1979 was in response to being targeted for assassination by evil FBI Agents. The truth is that inmate Peltier had planned his escape for several years, and counted on help from outside contacts such as actor Max Gail. Peltier must be held responsible for the needless death he caused during his escape and for threatening a man from whom he stole a truck during his getaway.
8. If Peltier is freed, it will be more difficult to indict him on other murders in which he may have been involved. In one of these cases, Peltier interrogated a young woman, Anna Mae Aquash, by putting a loaded gun in her mouth. Aquash's execution was ordered by leaders of the American Indian Movement (AIM) because they mistakenly believed that she was an FBI informant. (See www.americanindianmafia.com/audio/GunInHerMouthReMix.wmv.)
9. Contrary to his claims, Peltier has always put himself above the welfare of Native Americans. One of his recent newsletters opened with the words, "May Death Be Upon You, FBI." These are not the thoughts of an innocent man, but rather the wish of someone wanting to incite violence. Even if Peltier did not author the message, he has not disavowed it, either. The truth is, Peltier would like nothing better than to agitate for criminal acts against Indians who oppose his freedom and who count on the FBI to apprehend evildoers on the reservation. Peltier has nothing but contempt for our system of justice.
10. Peltier's 1993 Parole Board recognized that he was convicted of aiding and abetting the murders. But then the Board went on to say: "... the greater probability is that you yourself fired the fatal shots... It would be unjust to treat the slaying of these F.B.I. agents, while they lay wounded and helpless, as if your actions had been part of a gun battle. Neither the state of relations between Native American militants and law enforcement at the Pine Ridge Indian Reservation prior to June 26, 1975, nor the exchanges of gunfire between individuals at the Jumping Bull Compound and the law enforcement agents who arrived there during the hours after Agents Coler and Williams were murdered, explains or mitigates the crimes you committed... Your release on parole would promote disrespect for the law in contravention of 18 U.S.C..."
There is no question that Leonard Peltier is guilty. He has done nothing to earn his freedom. He has done nothing to show that he accepts responsibility for his crimes. To this day, he remains defiant, manipulative, and completely remorseless. Freeing this ruthless killer would be a terrible travesty of justice.