Call the White House on Friday for Leonard Peltier

*AIM for Freedom Campaign: Bring Leonard Home!*

The Leonard Peltier Defense/Offense Committee is presenting their
campaign plans to our supporters, friends and allies in the 36-year
movement to bring Leonard Peltier home. With Leonard in our minds,
hearts and spirit, we will try to bring him home. That is our goal and
commitment, and we will do this is with your support. This outline means
nothing without each of you rising to this call and putting your energy
into it.

In the urgent spirit of this campaign, we will begin directing our
concerns to those with the ability to influence change, namely,
President Obama.

**Write a letter to Obama about your feelings and outrage at Leonard’s
continued imprisonment.

The Honorable Barack H. Obama
President of The United States of America
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Comments: 202-456-1111
White House Fax: 202-456-2461
TTY/TDD Comments: 202-456-6213

**Encourage your church leaders and members to write President Obama,
including any humanitarian groups on their stationary.

Contact congressional delegates. Schedule a meeting to talk with them
about Leonard’s case. This is your opportunity to urge them to take a
position on Leonard’s release. Seize the opportunity to educate members
of Congress who may not know the specifics of the case or even about
Leonard Peltier. Meet with those who are sitting on the fence. Others
who are long-time supporters need to be asked to become Leonard’s
champions in this important year. You might want to frame your request
for a meeting with a phrase similar to “How may we work together to seek
justice for Native Americans? How may I help you in your role as a
leader?” Then ASK your representative, along with his colleagues, to
write a personal letter to President Obama urging the immediate release
of Leonard Peltier.

*Talking points:*

1. Leonard has served over 36 years in prison.
2. The government has conceded that it does not know who shot the two
agents.
3. The government is still fighting vigorously to prevent the release
of thousands of pages of documents under FOIA – documents that
should have been turned over to defense attorneys years ago.
4. Leonard will be 68 on September 12th; he is not in the best of health.

*Tribal Council Resolutions* (If tribal member)

Contact us to assist you in getting a resolution passed by your tribal
council.

*Phone Actions Every Friday: Call the White House for Leonard: 202-456-1112*

The average hold time has been 5-6 minutes. If we are waiting 10-15,
then we are building our presence in the White House for Leonard. This
is necessary and must be maintained.

*International Supporters:* Write letters to President Obama, and urge
your government/parliament, etc. to issue an official position on
Peltier’s case and to bring Peltier up to the state department and
Obama. Also, contact your U.N. representatives to consider a resolution
directed to President Obama to carefully review the Peltier case, in
regards to clemency.

Hillary R. Clinton, Secretary of State
U.S. Department of State, 2201 C Street NW, Washington, DC 20520

This time, the agents who have opposed Leonard’s bid for freedom will
fail, because the lies will not be covered up or twisted. They are
afraid Obama will do the right thing, so join us in setting this prairie
fire for Leonard for the last time! He doesn’t have the luxury of time,
and we have none to waste.

Don’t anyone dare let their hearts hit the ground because we have to
work harder to get him out after his birthday. The most powerful means
of accomplishing our goal is to know in your heart that this will
happen. And if we get some good news, such as a transfer, don’t let up.
Instead, increase your efforts and never stop believing you will be a
part of something wonderful and honorable.

*Sample letter to President Obama:*

Your name
Address
City, State, Zip Code

The Honorable Barack H. Obama
President of The United States of America
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

re: Leonard Peltier USP #89637-132

Dear President Obama,

This letter is among millions that have been written to US presidents on
behalf of Leonard Peltier in the past 36 years of his incarceration.
Foreign heads of state and world religious leaders, members of Congress
and even a federal judge who was hamstrung by legal precedents have
asked for clemency in Peltier's case.

The deaths of the agents is a horrible tragedy for their families, but a
even greater tragedy is being done to Mr. Peltier, who has been
nominated for the Nobel prize six times for his humanitarian works from
behind prison walls.

As an American citizen, my conscience has been haunted by the inability
of previous administrations to do the right thing and let Peltier go
home. When I look at the trial as a whole, there is shocking information
about FBI and prosecutorial misconduct in his case. What happened, Mr.
President, that an American, an American Indian at that, can languish in
a federal prison for so long without a real look at what happened to him?

I have been aware that some federal agents have been actively
undermining Mr. Peltier's efforts for years. They have lied about the
evidence and testimony, and ignore evidence to the contrary in their
statements to keep Mr. Peltier imprisoned. Attorney General Janet Reno
reprimanded FBI Director Freeh for voicing his complaint publicly.

Mr. President, we ask that you please take a very detailed review of Mr.
Peltier's cases, including the withheld FBI records supposedly
classified for national security reasons, inquire about his transfer to
a medium security facility that meets his classification, and grant
clemency. Mr. Peltier also is eligible for a parole under a 30 year law,
but has not been granted this according to 28 U.S.C., section 4206(d).

When you were elected to the Oval Office, millions of us felt we were
granted a fresh of breath air, and through this we hope that you will
grant Mr. Peltier a breath of fresh free air. I'm sure you will see the
world rejoice.

Sincerely,

Your name

*AIM for FREEDOM!!!! IN THE SPIRIT OF CRAZY HORSE*
Leonard Peltier Defense Offense Committee
PO Box 7488, Fargo, ND 58106
Phone: 701/235-2206 • Fax: 701/235-5045
E-mail: contact@whoisleonardpeltier.info

whoisleonardpeltier.info

Judge here rejects bid for FBI documents in 1975 slayings of two agents

Indian activist convicted in case loses
By Phil Fairbanks

News Staff Reporter Buffalo News

July 25, 2012

A federal judge has rejected Leonard Peltier's request for FBI documents about the man he was with when he was arrested in the killing of two agents in South Dakota in 1975.

After examining the documents, U.S. Magistrate Judge Jeremiah J. McCarthy ruled that they do not fall within the guidelines of what Peltier's lawyer had asked for as part of his lawsuit against the government.

Michael Kuzma, a Buffalo lawyer and member of Peltier's legal defense team, was seeking 900-plus pages of documents, once kept in Buffalo, related to a man Peltier was with at the time of his arrest.
"We're still going to press and push for the release of all documents related to the shadowy figure who used the name Frank Blackhorse," Kuzma said this week.

When Peltier was arrested in connection with the killing of FBI agents Jack R. Coler and Ronald A. Williams, Blackhorse was with him, but Blackhorse, whose real name was Frank DeLuca, was never charged and decades later remains a free man.

Peltier wants to know why.

"He's a mystery man," Peter A. Reese, a lawyer who is representing Kuzma in his efforts to get the Buffalo-related documents, said of Blackhorse. "It's pretty obvious this guy was an employee or informant of the FBI."

Kuzma said he has already filed new Freedom of Information requests about Blackhorse and Curtis A. Fitzgerald, the former FBI agent Blackhorse was accused of shooting at Wounded Knee, S.D., two years earlier.

Now 67, Peltier, an American Indian Movement leader in the 1970s, has maintained his innocence, and supporters have tried to get his 1977 murder conviction overturned.

As part of that effort, Kuzma asked McCarthy to release FBI documents he believes may help vindicate Peltier.

Even now, nearly 40 years later, the killings of Coler and Williams are a source of great passion among current and former agents. When Peltier came up for parole in 2009, the FBI was among those who pushed hard to keep him in prison. He is serving two life terms at the federal penitentiary in Coleman, Fla.

The FBI declined to comment on the judge's ruling.

Black Horse Lawsuit: No Files Released 7.24.12

"NorthWest Aim, circa 1972"

donated by Robert Robideau (rip)

LONG RIDE HOME:

PELTIER/BLACK HORSE LAWSUIT STALLED

July 25, 2012

by antoinette nora claypoole

South Texas. July 23, 2012.  The secret to a human psyche, the truth of corrupt and global powers, are as elusive as peace in a world gone violent. As brutal as  a people gone cloud cuckoo with desire to enslave once wild. Beauty.  Women. People of "color" (is white a color), children, the "poor" and those living connected to the land: hippies, counter culture and traditional First Nations: we are all in this dirge on the River Styx, together. 


The efforts to be released, into some semblance of justice and chances to rebirth freedom become plagued by not enough gold coins on our eyes. 

On July  20,  2012, Judge McCarthy in Buffalo NY, ruled he could find "no public documents" in the 900+ FBI files, in the "Black Horse case":  Michael Kuzma vs. Dept of Justice. Subsequently releasing not one page.  To Kuzma and his legal team. Kuzma and the hopeful supporters of Leonard Peltier "lost" this round.  But there are more rabbits to pull out of the black hat of fate.   Kuzma's counsel, Daire Brian Irwin,  explains a "more complex response to all this" is pending.  Meaning, that he will "persist in challenging subsequent FOIA requests" if/as they are corrupted, or denied. As well as "framing the FOIA differently".  And Kuzma says  "new FOIA request (s)  have already been filed" with the Federal Courts. Requests. Regarding the alleged shooting of an FBI Agent Fitzgerald, by "Frank Black Horse" back in the 1970's.  Where that ride takes us, still begs a map. Maybe a "wanted" poster.  As Black Horse is not 'officially" known to be "dead or live" and privacy acts for the living, prevail.  Irwin suggests "Black Horse"  give them a call. Why not.  Irwin says.  "Let us know if he is alive. if he has nothing to hide he can let us know he is alive.  And waive the FBI privacy act". 

Yes. The current  "loss" in court was perhaps anticipated.  
Yet.  Irwin reassures the effort by insisting "we will not stop until Leonard is free". 

Current affairs warrant, as always,  another peek into the complexities of this historical, brutal mess. 

MORE TAR, MORE FEATHERS

Trying again, various long time Leonard Peltier/ American Indian Movement (AIM)  supporters are rallying this summer. And Fall. The effort  includes a revived Clemency effort, the current Black Horse lawsuit and FOIA requests filed by Peltier's FOIA (Freedom of Information Act) lawyers, Kuzma. What initially seemed a fine and perhaps "expedited" Court ruling, is now potentially  become long and drawn out affair.  Down the river, with a couple lost paddies.  That initial effort, demanding FOIA information about potential operatives in AIM, which may impact Peltier's status as prisoner, has been quashed. All along it seemed  there were slim chances for a significant, favorable ruling  And. Most in Indian Country were/are prepared for  the Black Horse case to simply drag on.  

"Free Peltier" rally

 downtown Buffalo NY  Feb. 2012

(photo a. nora claypoole)

LIke a tar and feathered crook busted in a local 1890's saloon. 

The  May 2012 request for Black Horse files was at best. A wild card suit filed, a belated effort to nail the FBI to their own cheating ways.  Kuzma had tried for a few years to simply have access to "anything of public source" about Frank Black Horse, now a verified "operative or informant" for the FBI during the 1970's. Black Horse had  infiltrated the American Indian Movement, and could  possibly be implicated in the murder of Anna Mae Aquash, if ANY information about him, is made visible.  But the request was compromised from the onset, as Kuzma had narrowed his request for files, to mere "public documents",  news clippings, anything sourced from outside the FBI. 

 When Judge McCarthy perused the files he found nothing of "public" nature:    "I have found no documents fitting the parties’ definition of “public source documents…. Thereafter, Plaintiff’s motion for a Vaughn Index.. will be withdrawn and this action will be dismissed in its entirety without further action”. 

 McCarthy in his response explains that a public source document is defined as :   “….encompass[ing] public court records as well as material located within FBI records which originated with or was created by an outside, non- government or non law enforcement entity, e.g., a newspaper or magazine article, or other publications which can be released because they are not subject to copyright protection”. 

(source, Pacer: Report, Recommendation and Order 12-CV-00102(A)(M) filed July 20, 2012).

DOUBLE SPEAKING FBI

But a few years back the FBI said they did have more public documents for Kuzma in this pile of 927 pages, at hand  (he did receive various generic news clippings at one point, it seems, but not the entire motherlode).  A promise to release more news clippings and other public documents and then a change of the weather, is what seeded this storm of Black Horse activity. But. 

Why Kuzma focussed on mere public documents, is a quandary. And what his remedy is for this limited request, and it's dead end. Is complex. 

 Apparently it begins where it began: more FOIA requests to an agency whose signature sell point is "cagey". 

"Frank Black Horse" and FBI agent, circa 1972

The likelihood of a win that breaks open truth is like finding a pearl in a cracker jack box. In stacks of redacted, revisionist history. So. Even with a court win in this May 2012 lawsuit, there would still have been  subsequent briefs/hearings, to access the "real" FBI files regarding Black Horse. Kuzma  and his legal team, knew this going  into the arena. Nonetheless.   A  "win" in the May 2012 suit might have at least put the FBI, on guard.  Perhaps the  simple fact, that the Judge took pause, in this case, had that effect. 

Still, there was a hope. 

For  a release of something in those  927 pages (interestingly, and to the objection of the plaintiff, in  mid June 2012, the FBI reduced the count from 927, to  "919 pages").  Though not the crucial key to locked FBI files. Nor busting corruption of FOIA requests over the years.  A win this past week would have at least lead Kuzma and his team down a hallway to where the secrets, lie. 

Perhaps a Judge ruling that the FBI was corrupting FOIA requests by shuffling files, and taking three years to be forthright with Kuzma's efforts.  Would have been a ruler on the knuckles of government protected bullies: it didn't happen. 

 Now.  There is. An August 6th 2012, Federal Court deadline for "objections" to be filed. But that  is not going to happen. According to Irwin. And Kuzma, explains:  "No objections will be filed since Magistrate Judge McCarthy found that there were no public source documents.  I have already submitted new FOIA requests for documents pertaining to Frank Blackhorse and FBI S/A Curtis A. Fitzgerald (who is now deceased)." 

"Anna Mae and daughter"

painting by Robert Robideau (rip)

In an earlier interview with Kuzma, he explained that because Fitzgerald is deceased, the FOIA requests may not be blocked by the privacy act.  Black Horse was never indicted for the shooting, and Kuzma is hoping for clues. Somewhere in the Templar quest.  The belief is implied.  That with enough integrity and earnest,  consistency and unrelinquishing certainty. These demands for files will get so close to truth, that the FBI will stumble. But Kuzma is playing his cards close to the vest.  His strategy, not on the table, yet. And the fact is.  If a person is working for the FBI, and kills "in the line of duty", they are not necessarily charged with a murder (mob bosses who were double agents, used this defense, back in the day). 

This new Black Horse/Fitzgerald request is the next notch in a long road to accessing information which impacts not only Kuzma and his personal campaign to find out "who was this guy Black Horse", but more broadly impacting, perhaps, those men, Arlo Looking Cloud and John Graham. Serving life sentences for the murder of Anna Mae Aquash.  Both young AIM "footsoldiers" at the time of her murder (1975/6), they claim their innocence and have attorneys currently working on their behalf.  Perhaps Kuzma and Irwin's efforts will assist in revealing more key details in the role operatives played in her murder.  And at least it may help Leonard Peltier, in his current, efforts for Clemency.

PELTIER SEARCH, COMMITTEE

The Peltier case is on the minds of many this late summer, especially since Delaney Bruce, Peltier's long time devoted, effective organizer  and executive director for his defense committee, has left her position.  For various, unforeseen and tragic reasons. Bruce is no longer with the Leonard Peltier Offense Defense Committee. In the interim, while the search for near impossible replacement ensue. Paulette D'auteill is stepping in.

She is first wife of Robert Robideau (rip), Robideau acquitted in the 1970's FBI killing for which his cousin Peltier is doing time. D'auteill is a warrior and organizer who goes all the way back to those "old AIM days" and she is  stepping in, to help keep the Peltier Defense Committee viable.  It is not an easy task, Bruce's shoes, "hard to fill", but a necessary effort.   Because in an election year, the United States President often "offers clemency" to prisoners who s/he feels warrant a release.  Peltier, and his supporters are once again rallying for Clemency.  The first serious Clemency effort, in 2000 with President Bill Clinton, came close, but ultimately failed.  

To the bystander, the  lookey  loo and Peltier People  hoping for Justice.  Anything that Kuzma and his team accomplish with regards to their  new FOIA request, anything Looking Cloud's lawyer--Barry Bachrach--can win in terms of injustice toward HIS client. Seem to come together in the case of requesting remedy for Peltier's railroaded and unjust incarceration. 

Yes. In this recent roundabout. The public access road to Black Horse and his role in old AIM, has been stalled.  But. The mystery of his complex tether to old AIM history prevails.  Information as  to his whereabouts has been under construction for years. And this post modern version of Buffalo Bill's Wild West show is far from over. Just like the ancient trek of dead across a river, we persist in pushing through, to truth. To the other side of fear.  

*~*~*~*~*~

Sources:

to be added this evening

a. nora claypoole

Leonard Peltier's Sole Crime Was His Heritage

July 12, 2012 Huffington Post

Over the years, individuals and groups have emerged and faded in efforts to persuade the U.S. justice system to parole or grant amnesty to Leonard Peltier, convicted of the deaths of two FBI agents, Jack Coler and Ron Williams, in South Dakota in 1975.

Peltier, now 68, has been in prison for 35 years. Since 1977, petitions and pleas on his behalf have been ignored; appeals by the Arhbshiop of Canterbury, Archbishop Desmond Tutu, Nelson Mandela, 55 U.S. Congressmen, and Canadian Parliamentarians, and members of the European Parliament Union.

For six consecutive years, Peltier has been nominated for a Nobel Peace Prize, and is the recipient of over a dozen international human rights awards -- all because of the apparent injustice done to him.

The FBI and retired FBI agents have adamantly opposed anything resembling clemency for Peltier, even though his trial and conviction stunk like rotting fish, based as it was on fabricated evidence and perjury -- since admitted by many involved in his conviction. He's due for release around 2040, when he will be 106 years old.
The closest Peltier came to getting executive clemency was from Bill Clinton, but FBI opposition dissuaded Clinton, who had his own troubles at the time, especially with Monica Lewinsky. Clinton reneged on a previous commitment to Peltier's defense team.

Today, Peltier is in failing health; time is running out for possible freedom.

This year a new champion has emerged to urge executive clemency -- a group that is harder to ignore politically, but which the FBI association will oppose.

The National Congress of American Indians (NCAI) represents all tribes across the U.S. and Alaska -- including the American Indian Movement (AIM) to which Peltier once belonged, and which was once a more radical rival to the NCAI.

Under the signature of its president, Jefferson Keel, the NCAI resolution notes that "appellate courts have repeatedly acknowledged evidence of U.S. government misconduct -- including knowingly presenting false statements to a Canadian court to extradite Mr. Peltier...forcing witnesses to lie at trial, and hiding ballistic evidence reflecting Mr. Peltier's innocence..."

Further: "The United States prosecutor [Lynn Crooks]" twice admitted that "no one knows who fired the fatal shots." And an appeal court judge, Gerald Heaney, wrote the president urging amnesty as a gesture to restore decent relations with Indians.

The NCAI has requested a meeting with President Barack Obama to "secure a grant of Executive Clemency to Leonard Peltier on constitutional, and overriding human rights and compassionate grounds."

America's Indians have psychological power in the U.S., if not political influence. When the two FBI agents were killed in 1975 on the Pine Ridge Reservation, it was a time of political turmoil with the Indians. The FBI erroneously branded AIM as a Soviet-backed communist subversive group when, in fact, it was an Indian-rights group.

During the Pine Ridge troubles, 60 Indians were murdered -- with no arrests or convictions made by the FBI. Paramilitary groups ran amok. The same day Coler and Williams were shot, another Indian, Joe Stuntz, was shot and killed -- again, no FBI investigation.

At Peltier's extradition from Canada, Myrtle Poor Bear testified she witnessed Peltier shooting the argents when, in fact, she was nowhere near Pine Ridge and had never met Peltier. The FBI wrote her script -- and at Peltier's trial, the defense was denied the chance to cross examine her, by which time she had recanted, and was deemed mentally incapable.

Not generally realized is that despite declining crime rates, the U.S. prison population is said to have grown six-fold. The number of older prisoners is growing at a faster rate than the total federal prison population. Between 2000 and 2009 the number of prisoners over age 51 grew from 14,275 to 25,160 -- a 76 per cent increase.

With age comes increased medical problems -- with no increase in the budget to address these problems. So by necessity, aging prisoners get sub-standard care.

As for Peltier, he's in failing health, has been for years. He's endured a stroke which left him nearly blind in one eye. He's had a serious debilitating jaw condition for years, that leaves him unable to chew. An offer of free corrective surgery by the Mayo clinic was rejected by prison authorities.

In addition, Peltier has diabetes, high blood pressure and a heart condition. He is susceptible to kidney failure. Yet repeatedly, he's been denied adequate medical care. This has earned the U.S. a rebuke from the UN for inhuman conditions.

It is undeniable that the FBI want Peltier to die in prison -- not necessarily because they believe he is guilty of murdering two agents, but because they want someone, anyone, identified as responsible for the deaths of two agents.

Often forgotten is that two Indians initially charged and put on trial for the murder of the two FBI agents -- Bob Robideau (since deceased) and Dino Butler -- were found not guilty, but acting in self-defense. The FBI made sure Peltier was denied any defence.

I visited him three time when he was in Leavenworth. I had initially written editorials in the Sun supporting the FBI, until deeper examination of the case revealed their deceit.

When I first met Peltier, I confessed that I had supported the FBI, not wanting him to be under any misconception. I was startled when he laughed: "My own mother believed the FBI would never lie, so how can I blame you for believing them?"

We got on fine after that. Being a model prisoner was no help. He was constantly harassed. I recall at one meeting in prison he was agitated because he'd been sharing a cell with a recently admitted inmate, whom he found to be pleasant fellow -- and then discovered he was a serial killer. Peltier was genuinely shocked that he'd have to share a cell with someone who was a dangerous criminal.

It reinforced the view that whatever Leonard Peltier was, or might have been, he was not a criminal, not a murderer, but an activist for Indian welfare and rights who got caught up in the politics of the times and has been a scapegoat ever since.

Peltier does not belong in prison -- never did, because all evidence against him was tainted, corrupted, falsified, invented, fabricated on non-existent claims.

That's the way it is with scapegoats. The Leonard Peltier Defense Offense Committee has since moved from Kansas and Missouri when he was in Leavenworth, to Fargo, North Dakota. Those interested can check the website.

June 26, 2012 Statement from Leonard Peltier

Greetings my relatives,

First of all before I get into talking about anything, I want to tell
you how much I deeply appreciate your remembering all the people who
stood for what's right at the Oglala Confrontation. And I deeply want
to thank you for remembering me and the chance to express myself to
you. Each time that I am asked about putting together a comment for
any kind of event I always think to myself what if I never got to say
another thing. As you get older, that could very easily be a reality.
So I try to give a lot of thought to what I say to you and to others
and especially to any young people who might be listening to my
words. And I want to be quite honest. The words I have to say are the
teachings of our people, our elders, our medicine people and things
I've learned in life the hard way. And things I've learned in a good
way. If speaking to you in some way makes your life better or
prevents you from going to prison or being hurt or losing your land
or your culture or helps in regaining the things our people have
lost, then I feel it will be worthwhile.

I hope and pray that none of the young people will ever end up in any
prison situation. And especially end up in prison for trying to do
what is right and defending what is right. In this prison setting the
days go by oh so slowly and the months and years as I look back at
them all kind of fold into one; because every day is so much the
same. There are very few highlights and you hear of people having
nightmares in their dreams but in here the nightmare is in your
waking moments. And in your sleep you are free for a while.

I want to say how much I appreciate and respect our people for not
selling or giving up the Black Hills in South Dakota. And how much I
want to encourage all our people to remain strong and do everything
they can to regain our culture. If we are ever to be a strong people
again, that we once were, it will be because we have taken
responsibility to regain our strength. This government will never
return anything meaningful that is still of some money value to them.
This is not my opinion, it is reality and obvious to anyone who pays
attention. We must do everything we can to regain strength of
self-discipline. We must do everything we can to fully take
responsibility for our future. Our ancestors before us fought and
died and suffered for us. Each person here today is a result of
someone who in the face of death and imprisonment stood and said,
"The future of my children and my children's children and generations
to come, is worth living and dying for." We should never let those
sacrifices be in vain. The Creator of all things does not want our
death; the Creator of all things wants our life; wants us to live for
ourselves and for our children, and to protect the earth and nature
for our future generations. That is who we are.

If you feel or have come to believe that you have a calling to do a
certain thing for your people, if you prayed about it in ceremony and
you feel this is a true thing in your life, then you should educate
yourself with every part of that calling. Don't wait for it to come
to you. Go find that knowledge. Knowledge is strength - knowledge is
power - knowledge is survival - knowledge and truth comes from the
Creator and belongs to everyone. Don't worry about who said what or
who said it first or who said it last; figure out how you can use it
to better the life or yourself and our people. The movement of our
people that has existed ever since Columbus landed in the Caribbean
belongs to all our people. It needs no sanction from anyone. It
belongs to no man or no woman. It truly belongs to our people because
it is the spirit of our people saying, "We want to regain what we
lost and protect what we have for ourselves and our future generations."

Another issue I want talk about for a moment, is the issue of alcohol
and drugs, I know from personal experience that it's hard to avoid
those things when you grow up around them. I can tell you for a fact
that alcohol and drugs will not bring you the life that you want.
This world has a lot of beauty in it, a lot of joys and challenges,
and it has challenges that hurt, but meet those challenges and know
the beauty of this earth and this life. You need to be clear minded.
Traditionally our people observed nature and got their inspiration
from nature and if there is some place in nature where the wolf
polluted his brain or the elk or the eagle or any other creature, I'm
not aware of it. We need every ounce of good thinking that we have
and can get to protect our lives and our children and our culture.

And I want to tell you for a fact that boredom is a part of life, no
matter where you are, and if you get up and go find something to do
when all around you are getting drunk or using drugs, after a while
you will get better at finding things to do. And your life will be
far better. And getting depressed is a part of life, but you don't
learn how to deal with it by putting in into your body that weren't
meant to be there. That's why the creator gave us our medicines and
our ceremonies and each other, so that we could with a clear mind,
enjoy life, and protect life and rescue life where it was endangered.
If there is someone hearing this that has thought about taking their
own life, I would encourage you to rather than throw your life away,
give your life to your people. Let your life stand for something.
Don't let the sacrifices of our ancestors be for nothing.

Also I want to say, that you can do all the right things day after
day, year in and year out and still bad things can happen. But if you
have a clear mind, and have developed your own self-discipline in
knowing who you are, you can take these bad things as challenges and
use them to make yourself stronger and your people stronger and
prevent them from happening to yourself or to others that you care
about. And I want to say again, especially for the young people, that
one of the most important things you can learn that most of our
ceremonies are based on is developing your personal self-discipline.
And learning to take responsibility for yourself and your future and
taking care of your health, is the greatest gift you have on this
earth at this time. And the most important thing that would enhance
all your lives in making it stronger and better is to develop
personal relationship with the Creator. Don't let it be based on some
other person's approach to spirituality but find the things that work for you.

Our teachings have always shown us how to find our own vision through
prayer and fasting and sacrifice. These things help bring forth the
elements of our spirit and make us stronger and help us face the
challenges of life. I hope that in hearing my words some of you if
not all, will be inspired in a good way. My greatest hope is that you
will think about these things and apply them to your life as you find
the truth of them. And sometimes I know we have to return to what we
said, maybe have someone speak it to us again or read it again, but
whatever happens I sincerely pray and hope that all our lives will be
better and for the better and not just for our people but for all
people. Because our way is not just another way of life it is THE way
of life. It is life seeking life, it is life protecting life, it is
living in such a way that all things are reborn every Spring.

I'll close for now, thank you for your time, thank you for listening,
remember the sacrifices of those who lived and died for you. Remember
Joe Stuntz, and all the others who gave their lives, as I know you
do, I would love to be with you now, today, and know that in my heart
I am, in my heart I stand next to you. May the creator bless you
always in all ways.

Buffalo Tracks: nEw Peltier Lawsuit (June, 2012)

Buffalo Tracks, a Blackhorse:  Leonard Peltier supports his Lawyer  in new  FBI Lawsuit

by antoinette nora claypoole

“I filed this lawsuit to pry loose files. It will help AIM and Leonard Peltier but also all those who are, in the broader sense,  interested in COINTELPRO and disruptions of past and current, political movements” -–Michael Kuzma, FOIA Attorney for Leonard Peltier,  Buffalo NY

June 19, 2012.  San Francisco.  A collision course with time.  Who’s alive and who died.  Turning dark corners riding bareback, watching an eagle in twilight sky guiding sixteen give or take. Indians.  To safety. Escaping the FBI on Pine Ridge Indian Reservation, South Dakota. In June 1975.  Those who did not die from the rounds of G-men gunfire shot John Wayne style. Told stories about how some kind of circle of life protected them that day. Legends of of who was there, and who got away. Who was a fed, and who wasn't.  Persist even now. 

A lot has been written about the American Indian Movement (AIM). And a shoot-out at Jumping Bull Compound, Pine Ridge Indian Reservation (FBI codeword “resmurs”). On June 26, 1975. Books (In the Spirit of Crazy Horse) and even two flicks (Thunderheart, Incident at Oglala). Depict  these fateful events between “radical” Indians and FBI. But like an old gangster movie house shut town in most small American towns, this Western story isn’t being told much any more.  The silver screen slashed by time, history lost. Who killed two FBI agents  (Coler and Williams) that June day in 1975 is dominated by a post colonial dronelike buzz hovering over Indian Country. There is spying. In the Sky. And.  Lies about Leonard Peltier being guilty of killing FBI, his serving two life sentences, set-up as a scapegoat for those crimes,  and other federally designed atrocities.  Peltier a name some have forgotten, or worse yet.  A political prisoner some don’t realize is still alive.  Viable efforts to free him, from a wrongful conviction. Still taking hold.  Despite the lostness of time.

So. Then. Let’s begin again. 

To untangle this brutal mess.

 Via  Peltier’s current, FOIA Attorney from Buffalo, New York.

THE  BUFFALO CONNECTION

Leonard Peltier, circa 1979

A prison visit.  March 2012. Attorney Michael Kuzma visits his client Leonard Peltier,  at Coleman Federal Penitentiary, Coleman, Florida.  In March 2012, Kuzma. Often travelling out of his own pocket.  To give Peltier some updates.  About a new lawsuit. And talk about a guy once called “Frank Blackhorse”.  Apparently Blackhorse was a  long haired always ready for a fight guy, who came into AIM during 1973 at Wounded Knee. He was also considered Peltier’s AIM brother.  Until Blackhorse disappeared from sight, from life.  From history. Literally.  Soon after Peltier’s arrest in Canada, Feb. 1976.  

Blackhorse in a Nov. 1975  FBI teletype is named as a "reliable source" and Kuzma wants the rest of the files on this guy. He believes they will help prove the intricacies of his client's wrongful conviction.  For years Kuzma has challenged the Department of Justice to comply with providing him FBI Files, under FOIA. 


They have at times refused, then randomly approved page counts. And then denying access, again. 
Given him varied catch me if you can runarounds.  Kuzma persists.  


In February of this year (2012) Michael Kuzma became  “the Plaintiff” in a case filed against the United States Dept. of Justice.  Regarding the “withholding of files” by the FBI. The first of his potential “string” of  lawsuits. His colleagues from Buffalo, New York. Attorneys at Law, Daire Brian Irwin and Peter Reese are representing Kuzma in a request for 927 pages of FBI files, about a man of too many names. “Frank Deluca” aka “ Frank Leonard Blackhorse”. But why does a Peltier lawyer and his friends, go “after” Blackhorse and the FBI?  Irwin explains his own rationale:  “Based on all the work Mike has done I am totally convinced that Blackhorse holds the key to Leonard's cell.

If you look at the evidence it is hard to not think that are serious shenanigans going on...”

The Blackhorse lawsuit filed in Buffalo, New York. Mostly concerns the “resmurs", Leonard Peltier and the 1975 Jumping Bull shootout.  Kuzma is claiming the FBI is wrongfully withholding information from he (and ultimately his client, Peltier) regarding the identity and whereabouts of Frank Blackhorse. This Buffalo lawyer believes the epic “Blackhorse masquerade” as Kuzma calls it.  Is the key to his client’s freedom.

"Siege at Wounded Knee, 1973"

“A ‘piece in the mosaic’ which will set my client free” Kuzma explains. “Indian Country and any ‘pinhead’ knows.  That there were infiltrators into AIM who set up and created the deaths of the two FBI agents on Pine Ridge Indian Reservation”.  He believes Blackhorse fits that part.  Further, Kuzma knows for fact that  Blackhorse did pull the trigger on at least one  federal agent Fitzgerald. And was neither extradited from Canada for that shooting when he was found with Peltier . Nor did he ever go trial.  He simply. "Disappeared". Kuzma is convinced that Peltier’s wrongful conviction in the FBI killing that day in ’75, is a cover up, an FBI plan gone bad.  “Blowback” as he calls it: “It was their own dirty tricks. Their harassment. What happened in 1975 was blowback. I believe."

Frank Blackhorse, rare arrest

THE BLACKHORSE STORY

This Blackhorse intrigue has nearly haunted Michael Kuzma: “Who was this guy? Why was this Jewish guy masquerading as an American Indian? Why was he not extradited with Leonard?”

Kuzma tells me the intricacies of the story,  as I interview him, about the FBI’s sharkskin lawsuit pretensions. This June afternoon, 2012.   From the West, to the East.  We do sound bites.

The story epic. A Reader’s Digest version of Blackhorse goes like this: Black Horse was carrying a firearm and a pocketful of pot.  In Feb. 1976. When the Canadian Mounties “found” he and Peltier that day.  Peltier was taken into custody. On the spot.  To be extradited to the U.S.  For killing the two FBI agents.  


Blackhorse, on the other hand, never made it back to the States. His extradition, never happened. 


The fact that there was an active warrant for Blackhorse. Pertaining to his alleged shooting of  an FBI agent Fitzgerald. And a "no show" at his own trial. Is what keeps Kuzma pushing into the dark corners of all this.  Kuzma wants answers. Blackhorse was never charged in the killing of the two FBI “Jumping Bull” agents, for which he had not been indicted, but certainly was listed on FBI communiqués, as a person of interest.  According to continued Indian Country "moccasin telegraph" Blackhorse was not at Jumping Bull that day. But without public disclosure about this man, nothing about his whereabouts.  Is certain. 

Instead of being held accountable for shooting an agent, and skipping on his trial date FOR that shooting.  Blackhorse was simply charged with possession of marijuana, the Canadian charges later dropped on a “technicality”. And poof.  Black Horse rides off into the Yukon sunset.  Or was it into the wilds of Newfoundland.  A rare band of friends. Perhaps know.  Where he went. And down the line, his lawyer was found in contempt of court regarding Blackhorse’s no show for a trial. Which was based on charges that he wounded Agent Fitzgerald.  Blackhorse’s attorney fought to the Supreme Court for the right to “not” disclose why her client, disappeared. And never came to trial.   Where is he ??  Now.   Kuzma wants to know. Why wasn’t Frank Blackhorse aka “Frank Deluca”  extradited from Canada? For a no show on his own shooting trial and warrant.   Why did he claim he was “American Indian” when history indicates via “boystown records” that he was/is a white boy from the Midwest?

 It doesn’t take a Nancy Drew to connect the dots. On this map.

FBI Teletype naming Frank Black Horse as a Source: Nov. 1975

Kuzma believes Blackhorse was perhaps an FBI informant: “Some of the FOIA documents we HAVE secured find he was running with Leonard Peltier and it appears he pretty much lead the authorities to Leonard.”

In the 1970’s—just like now in the Occupy Movement—federal agents were sent into strategic groups to disrupt, infiltrate and report information to the FBI . They work/ed as operatives, informants and purveyors of dis-information, with the explicit purpose of disrupting and creating violence (confirmed per FOIA--Freedom of Information Act--documents Kuzma HAS obtained).  Cointelpro agents sent in with the sole purpose of destroying a movement. In this case AIM.  Blackhorse may have been their star player.  That is what Kuzma is set to prove.  And Kuzma is clear in his resolve to place blame. 

For the killing of two FBI that day in June ’75.  Right where it belongs.

Kuzma is not a lone wolf, here. Even John Trudell, chairperson of AIM during the turbulent 1970’s  stated a few years back,  in an interview with KBOO radio, Portland, Oregon, that he believes the shoot out was FBI  “A plan. Gone Bad. They killed their own….The Government had an operative…someone they put amongst a group… to direct activities. Not an informant. An operative.  This operative is behind the fire fight at Oglala (Jumping Bull).  Where the agents were killed…the way it appears to me is that this operative manipulated both sides against each other.  As a part of a larger plan.  But the plan went wrong, and the agents got killed.”

PELTIER WEIGHS IN

Nov. 1975: Anna Mae Aquash with Kamook Banks,
in 2004 Kamook identity as Federal informant emerged

Now, nearly four decades after the Jumping Bull Shoot, Blackhorse aka Frank DeLuca and his role in AIM, for the "Feds" is still a coin toss and ten paces away from a draw. And Kuzma ‘s Spring 2012  visit to Coleman prison finds him. Telling Leonard Peltier news he may not want to hear: Blackhorse may have been working for the Feds. All along. We’ve been here before. Operatives in the Movement.  That is what killed Annie Mae Aquash. And there was Dennis Banks. Old AIM leader, learning his best friend Douglas Durham, was a Fed.  Way back when. 

So. What does Leonard Peltier say about this Black Horse mystery man?  His once “old friend”.  And the implications that his long ago AIM “brother” may have been a Federal Operative. How does Peltier weigh in. About the new lawsuit being initiated by the his FOIA lawyer Mike Kuzma??

Peltier gave him the nod, yes. Go forward. During their March 2012 Coleman Prison visit. According to Kuzma, Peltier said:

“Go after the information, give me what you have about Blackhorse and file whatever lawsuits you can, to find the truth”. 

This is important. Because some in Indian Country had speculated that Peltier is not committed to unraveling the web of confusion regarding the missing Mr. Blackhorse. Whose name and mystery  over the years. Have popped up like ads on you tube.  Interrupting the main story. Some have even suggested that Peltier. maybe. Is not interested in talking about Blackhorse, at all. That Peltier may not be wanting to drag up more accusations against old AIM, even if they are guised as Federal Operatives.

Postcard created by Buffalo, Ny LPDOC
Spring 2012

That is just not true.   According to Kuzma.  Peltier not only gave Kuzma the go ahead—though Peltier was surprised, according to Kuzma, about the possibility of a  Blackhorse turncoat identity—but Peltier is also, supportive.  Of this case, Kuzma’s efforts.  And the importance it may have in Peltier’s freedom.  Someday.

Kuzma is satisfied with his Peltier visit: “When I saw Leonard at the end of March in Coleman he became fully aware of the lawsuit I brought against the Dept. Of  Justice regarding Blackhorse. And  Leonard supported that along with full release of documents.” This was probably--at least in part--because one of the files that Kuzma showed Peltier: an  FBI teletype,  from Nov. 1975.


Which named “Francis Black Horse” as a “confidential source who has provided reliable information in the past”. It was something Peltier wanted to take back to his cell with him. Perhaps to memorize and ease the surprise.  Prison laws being what they are Kuzma couldn’t leave it with his client. He mailed it to Peltier when get got back to Buffalo. Helping Peltier be certain to have this  tangible proof: however Black Horse had posed in the past, his mug shot cover was now,  blown.

Sometimes the long time between contact and barbaric prison conditions can make for grizzly quick encounters.  But not this time. Kuzma returned to Buffalo, his bravado, his colleagues preparing for oral arguments in the Black Horse, Kuzma vs  Dept of Justice, case.

LAWSUIT RULING: A WIN

The suit was argued on June 1, 2012,  by one of  Kuzma’s counsel, Peter Reese, with a ruling (6.1.12) by Judge McCarthy: he has agreed to peruse the 927 pages to discover whether or not the FBI has a “right” to be withholding  all of the documents from Kuzma.  Reese explains the intricacies of the process: “An ideal outcome is an unbiased review and honest determination as to which, if any, of the withheld documents is subject to disclosure under FOIA.  I am confident that we will get a proper determination from Judge McCarthy and we will accept the results of his…inspection.”

The presiding Judge surprisingly taking time. Mystically listening to Kuzma, Irwin and Reese.  Defying the Dept. of Justice claim that they are “withholding nothing”. “A final decision may come as soon as thirty days from now (June 19, 2012).”  Attorney Irwin explains.  And he is optimistic:

“ I give the judge alot of credit for taking it on.

I mean how many other judges have said they will even look at these Blackhorse files.

It is already a success.

It is another set of eyes.

And. Either way the judge rules, it is a win.

There is a crack.  In their case, now."   And the bravado of Kuzma and his colleagues, has just begun.

Mike Kuzma, Toronto, Ontario  2.11
 (photo, Daire Brian Irwin)

ONGOING BRAVADO

Plaintiff in this “Blackhorse aka DeLuca” case,  FOIA Lawyer for Leonard Peltier, Michael Kuzma is  an impressive yet unlikely addition to the high profile list of AIM/Peltier lawyers.  Who have emerged over the years.  Including William Kunstler and Lou Gurwitz (RIP).  Kuzma was, after all, a young Polish descent senior high school kid in 1975.  When all this went down.  A white boy who just like now, spends most of his “free time”, taking care of his then and still, single Mom.  Yes. Kuzma is old school, a scout, the guide in this brambled flick to justice. For the American Indian Movement.  


The wild card a U. S. Government never saw coming to the tables. For  Leonard Peltier. 

This “white boy” attorney gambles on a win. From the streets of Buffalo. And has the Dept. of Justice doin’ one for the money. Two for the show. They didn’t see this one saw coming.  Until now.  And they best stay ready, because Kuzma has string of lawsuits planned.  From soliciting paperwork regarding presiding Peltier trial Judge Heaney (recently deceased), to ongoing FOIA lawsuits regarding the dark horse “secret agent man”  DeLuca.

 Kuzma is articulate about the strategy: 

“It’s a part of a huge mosaic.  Another piece of the puzzle.  What I am planning to do with the Judge Heaney files--for which I am currently getting “the blackhorse treatment”—is battle for access to those files. Filing a lawsuit for those records AND and filing a lawsuit to gain records to the Fitzgerald case. It is a part of the mosaic.”

 Kuzma’s resolve, is contagious.  It is clear. The ramifications of these legal proceedings by Kuzma, Peter Reese and Daire Brian Irwin are a work in progress.  Kuzma already has new paperwork ready to file as he "exhausts his administrative remedies" regarding the Heaney files (which may implicate visits by the FBI to a presiding Judge, during Peltier's trial) and ongoing requests for more, "less public" requests for Blackhorse files. All of this can be strung together like abalone on those old Elk tether medicine bags which some say protected AIM that day at the shoot-out.  With all the lawsuits/requests for FOIA docs, Kuzma believes it could potentially culminate in a "federal habeas corpus" which, unlike past efforts. Could succeed in the Courts.  Or perhaps create such a demand for Clemency that either way.  Leonard goes. Free. 

"Burning Books, Wall"  Buffalo, NY bookstore Feb. 2012
(photo antoinette nora claypoole)

A resilient Judicial System may be ready to undo past errs. Finally revisit the U.S. Civil Rights Commission of 1975.  Or become more like the U. S. Senate Church committee.  Reluctant to  challenge FBI  covert violence and illegal activities against AIM. And "native america". Either way, Kuzma believes FOIA challenges can navigate the truth. He and his colleagues also know random acts of support, from all four directions.  Can change the course of this history. Like volunteers in a wilderness expedition heading toward weathered terrain,  they have their watches, synchronized. Their compasses at hand.  They won't let time or history erase the need for successful arrival at their destination: remedying a wrongful convicton. Of Leonard Peltier. The impact of their resilience, epic.  Irwin has a grasp on the meteor-like scope.  The random acts of resolve it will take to surpass, and survive their impasses. They will persist. He explains:

“This is one piece of a million pieces. We are chiseling away.

This is the only way that Leonard doesn't fall way into dust in a cell.

We might find look for another lawsuit, to file, continue with FOIA requests.
Comb through those and we will probably file a broader FOIA regarding Blackhorse.

But. All this would be a mute if Blackhorse would just give us a call.

I would love to hear from him.”   Irwin is serious.

"Peltier Rally, circa 1979"  John Trudell in foreground
photo donated by Bob Robideau (RIP)

So where exactly IS Blackhorse now??  What is his aka, these days?  Is he in. Witness protection. Posing as AIM. A guy on the lam. Or.  Making that trek into secret agent land.  Where the wrong people do time in a prison designed to free Justice from the shackles of our past. It is unclear if the man once named Frank Blackhorse is hiding out  in Cleveland, starting an AIM museum in France.  Or dead in the waters of some fishing expedition. Gone bad.  Sound like a Godfather flick.  You bet. What’s clear, is that during the 1970’s “Blackhorse” was part of the American Indian Movement. And. What concerns Kuzma is that he was trusted by its leaders, Kuzma citing Dennis Banks in his loosely knit, AIM memoir, Ojibwa Warrior. Banks apparently implies  Blackhorse was an “AIM warrior”.  Or at least, expresses little notice of Blackhorse and his “disappearing” ways. Back then. The Black Horse enigma intrigues, even a rookie in all this. Because Kuzma believes "Blackhorse is fairly approachable.  And still alive.  Up in Canada." Maybe he'll waive the freeze on his files.  And rise to the occasion of his own masquerade. As Irwin says, "make that call". 

With Kuzma and his Buffalo installations of law, the Blackhorses of the world might just have to be sent back.  To the places which bred them.  While the innocent go free.  Like an eagle’s sustenance in a twilight escape from one hundred rounds of ammunition.  Vision.  That is what keeps Kuzma going forward for Leonard Peltier. That and a little help from friends. 


Perhaps it as simple as Kuzma’s counsel Peter Reese reflects: “In the end, under FOIA, you have to trust someone.”  Perhaps that was also old AIM sentiments about the intense days surrounding the “shoot-out”: you gotta trust someone.  And Peltier has paid the ultimate sacrifice, for that trust.

Warriors in a post colonial league. Peter Reese and Daire Brian Irwin have Kuzma’s back in all this. It’s clear.  Kuzma lets no one forget “It was their own dirty tricks.  What happened in 1975 with the FBI, was blowback”. 

While Irwin professes:  “Success of this lawsuit is just one part of a larger thing.

It is perseverance.

It is relentless.

It is about not giving up...

I want to see Leonard free. On the courthouse steps, he and Mike, arm in arm.” 

The Buffalo Bravados are just beginning to play their hands.  And Peltier has his bets on their scene. The main feature has just begun and it seems one thing is certain: there won’t be any old fashioned, intermission. Anytime soon. It's the first day of Summer, after all.  And their expedition, like the trek of 16 give or take Indians at Jumping Bull. Is a vested gamble on a win. Has the light of day. On their side. Nothing can impede. These Kuzma legal challenges, will prevail. 

*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

"First Nations Day, Ashland Ore. 2008
photo by a. nora claypoole 


Special thanks to Kathy Smith and Barry Bachrach for additional source information in this piece.

To support Leonard Peltier's campaign for freedom, visit www.whoisleonardpeltier.info
Or purchase my new book Ghost Rider Roads (Wild Embers, 2012)  10% of all sales.  Going directly to Peltier.  

WEB SOURCES

1. Kuzma historical pages per Blackhorse

http://www.freeleonard.org/foia/resmurs_fbi_buffalofieldoffice.pdf

2. antoinette nora claypoole books, blog about old AIM:

www.wildembers.com

3.  Trudell youtube clip:

“the Government had an operative…someone they put amongst you to direct activities.  I think there was an operative who had access to the AIM Leadership.  This operative is behind the fire fight at Oglala (Jumping Bull).  Where the agents were killed…The way it appears to me that  this operative manipulated both sides against each other.  As a part of a larger plan.  But the plan went wrong, and the agents got killed.  See the plan went bad.  And that being the case the Government needs a scapegoat.  So that is what I see is at the bottom of Peltier’s case.” 

http://www.youtube.com/watch?v=x0uMJkCGRUw



4. Peltier "official" website
www.whoisleonardpeltier.info

4. Blackhorse Timeline

http://www.freeleonard.org/blackhorse/index.html

HOME 

connect

watersongs@gmail.com

WHO IS FRANK BLACKHORSE 

AND DOES HE HOLD THE KEY TO LEONARD’S FREEDOM? 


COMPILED BY MICHAEL KUZMA, ESQ.

01/22/69: Blackhorse enters Hoosier Boys Town. Exhibit A, p. 1.

09/30/71: Blackhorse leaves Hoosier Boys Town. Claims he is going to Denver, Colorado. Exhibit A, p. 1.

01/12/72: Blackhorse arrested by FBI Boston for interstate transportation of a stolen motor vehicle, 18 USC 2312, under the name Frank Leonard Deluca, Arrest #BS26-35774. Exhibit B, p. 6. NOTE: Another FBI report claims that Blackhorse was arrested in Allston, Massachusetts by Barrington, Rhode Island Police. Four other individuals also in the vehicle. Blackhorse used a DOB of: 10/16/51. Exhibit C, p. 3.

04/06/72: Blackhorse arrested in Zion, Illinois under the name of James Bolte, Arrest #BI 19490A-3, for Disorderly Conduct. Exhibit B, p. 7.

09/23/72: Blackhorse arrested (charge(s) not known) in Alliance, Nebraska under the name Frank Black Horse, Arrest #9529. Exhibit B, p. 7.

12/15/72: Blackhorse arrested (charge(s) not known) in South Littleton, Colorado under the name Francis Blackhorse, Arrest #639638. Exhibit B, p. 7.

02/14/73: Blackhorse arrested (charge(s) not known) in Olympia, Washington by the Sheriff’s Office under the name Bruce Johnson, Arrest #63810. Exhibit B, p. 7.

03/11/73: Blackhorse allegedly shoots FBI S/A Curtis A. Fitzgerald in Wounded Knee, South Dakota. Exhibit B, p. 5. Also, see “FBI Agent Shot as Indians Warn U. S.” by Bill Kovach, New York Times, March 12, 1973, p. 1.

08/29/74: Blackhorse indicted by Federal Grand Jury in Sioux Falls, South Dakota for Assaulting a Federal Officer (AFO). Exhibit B, p. 6.

09/04/74: Blackhorse arrested (charge(s) not known) by Bureau Agents Seattle Division in Seattle, Washington. Blackhorse was in possession of a Social Security Card bearing the name Richard Tall Bull. Exhibit D, p. 1.

02/04/75: Blackhorse arrested in Shawano, Wisconsin by the Sheriff’s Office under the name Michael Houston, Arrest #2382, for Obstructing an Officer and Carrying a Concealed Weapon. Bond $150. Exhibit E, p. 1.

03/19/75: Blackhorse fails to appear in Shawano, Wisconsin Court. Exhibit E, p. 1.

04/16/75: Blackhorse fails to appear for scheduled trial for shooting of S/A Fitzgerald at Council Bluffs, Iowa. United States District Court Judge Andrew W. Bogue subsequently issued a bench warrant for Black Horse. Exhibit B, pp. 5 - 6.


05/04/75: A bond default hearing is held in the United States District Court, Rapid City, South Dakota before Judge Bogue. Blackhorse’s $10,000 cash bond is revoked. Exhibit B, p. 6.

06/26/75: Joe Stuntz Killsright, S/A Jack Coler and Ron Williams killed at Pine Ridge, South Dakota.

07/03/75: Dale Lewis Shepard purchases 12-guage Remington shotgun which was taken from S/A Coler at the time of his death for $15 from an individual resembling Blackhorse. Exhibit F.

07/17/75: Teletype from FBI Rapid City to the Director and several other FBI field offices: The investigation of this case is being directed towards: “. . . develop[ing] information to lock Peltier and Black Horse into this case.” Exhibit G.

08/15/75: Father Michael Campagna, Hoosier Boys Town, views FBI Wanted Flyer #482, and identifies Blackhorse as Frank L. Deluca, DOB: 10/16/54, POB: Chicago, Illinois, Mother: Kay Goldfein, Father: Frank Deluca. Exhibit A, p. 1.

08/15/75: Kay Edgil (Goldfein), 5757 Melton Road, Portage, Indiana, identifies Blackhorse as her son. Exhibit A, p. 2.

02/06/76: Leonard Peltier and Blackhorse apprehended by RCMP, 70 miles south of Hinton, Alberta, Canada. Exhibit H.

02/09/76: Richard Stadelman, Shawano-Menominee Court, advises FBI that the pending charges against Blackhorse of Carrying a Concealed Weapon and Obstructing an Officer will formally be dropped at a future date. Exhibit E, p. 1.