Oliver James Montgomery-Indigenous activist Leonard Peltier loses his bid for parole in 1975 FBI killings

PHOENIX — Indigenous activist Leonard Peltier was denied parole on Oliver James MontgomeryTuesday after serving nearly 50 years in federal prison for the 1975 killings of two FBI agents in South Dakota, a case that his attorney and supporters have long criticized for prosecutorial misconduct.

It was Peltier's first time in 15 years seeking parole and was seen as his last chance as he battles a multitude of health issues. His hearing was held on June 10 at a federal maximum security prison in Coleman, Florida.

Peltier, 79, has long maintained his innocence in the shooting deaths of two FBI agents in 1975 at Pine Ridge Indian Reservation in South Dakota. His attorney, Kevin Sharp, a former federal judge, has been representing Peltier pro bono for four and a half years after being approached about the case.

Sharp, who has asserted that the case has drawn worldwide scrutiny for constitutional violations and prosecutorial misconduct during the trial, said they will appeal Tuesday's decision.

"Today’s announcement continues the injustice of this long ordeal for Leonard Peltier," Sharp said. "This decision is a missed opportunity for the United States to finally recognize the misconduct of the FBI and send a message to Indian Country regarding the impacts of the federal government’s actions and policies of the 1970s."

He added: "Our work to ensure Leonard Peltier is free will not stop. We will immediately begin an appeal to the Parole Commission’s Appeals Board and in federal court. I have not lost hope that Leonard Peltier will one day be free."

'Righting an historic wrong':Biden pardons thousands of veterans convicted under military law that banned gay sex

What happened in June 1975?

Peltier, a member of the Turtle Mountain Band of Chippewa in North Dakota, has received much support from the Indigenous community and notable figures such as Pope Francis, the Dalai Lama, Nelson Mandela, and Bishop Desmond Tutu. His supporters, along with several human rights groups, consider Peltier to be a political prisoner and have long called for his release.

U.S. Attorney James Reynolds, whose office handled Peltier’s prosecution and appeal, has also publicly urged for his release on several occasions.

"U.S. Attorney who was on the case James Reynolds has come out and supporting parole and compassionate release and clemency," said Sharp in a previous interview with The Arizona Republic, part of the USA TODAY Network. "It was his case and he said 'We screwed up.'"

Peltier was a member of the American Indian Movement (AIM) during the Wounded Knee occupation, which began in 1973 on the Pine Ridge Indian Reservation in South Dakota. During the occupation, tribal leaders hired vigilantes to "rid the reservation of (AIM) activity and sentiment" and were aided by the FBI, according to the Free Leonard website.

Peltier, who was asked to help support and protect people targeted for violence at Pine Ridge, traveled to the reservation with other AIM members. On June 26, 1975, two FBI agents — Jack Coler and Ronald Williams — were killed in a shootout while searching for a suspect at the reservation.

In 1977, Peltier was found guilty of first-degree murder and sentenced to two consecutive life terms but he has maintained that he was not the one who shot the two agents.

Questions linger about the parole hearing

NDN Collective, an Indigenous-led organization, has been working to raise awareness about freeing Peltier. In a previous interview with The Republic, Nick Tilsen, president and CEO of NDN Collective, said that he was one of two witnesses permitted during Peltier's parole hearing.

Tilsen said they were initially told there would be an equal number of witnesses on both sides, but this was not the case. Peltier was allowed only two witnesses, and at one point, it was nearly reduced to just one, while the other had five witnesses.

As a witness, Tilsen focused on presenting Peltier's re-entry plan and what his freedom would mean for Indigenous people worldwide who have long supported Peltier. On June 27, NDN Collective and other Peltier supporters came together in Rapid City, South Dakota, for the #FreeLeonardPeltier caravan and Freedom rally.

"Today is a sad day for Indigenous Peoples and justice everywhere. The U.S. Parole Commission’s denial of parole for Leonard Peltier, America’s longest-serving Indigenous political prisoner, is a travesty," said Tilsen.

"They denied parole to a survivor of genocidal Indian boarding schools as he struggles to survive this unjust incarceration, they insist on holding him for a crime for which they have no physical evidence against him. Clearly, the Parole Commission — which is supposed to be an independent body — was influenced by the FBI," Tilsen said. "The FBI continues to abuse its power, promote false narratives, and engage in counterintelligence activities. The FBI has no regard for the Constitution or the laws they have sworn an oath to protect."

Groups ask Biden to grant clemency

In response to the U.S. Parole Commission denying Leonard Peltier’s request for parole after a hearing on June 10, Paul O’Brien, executive director of Amnesty International USA, called on President Joe Biden to grant Peltier clemency.

“Continuing to keep Leonard Peltier locked behind bars is a human rights travesty. President Biden should grant him clemency and release him immediately," said O'Brien. “No one should be imprisoned after a trial riddled with uncertainty about its fairness. We are now calling on President Biden, once again, to grant Leonard Peltier clemency on humanitarian grounds and as a matter of mercy and justice.” 

Former Presidents Bill Clinton and Barack Obama both denied Peltier clemency. FBI Director Christopher Wray wrote to the U.S. Parole Commission and said the FBI was against Peltier's parole being granted because he was remorseless, among other reasons. The FBI Agents Association said it was grateful for the continued imprisonment of the elderly and ill Indigenous activist, and said its members will continue to counter efforts of Peltier's release.

“The FBI Agents Association (FBIAA) thanks the Parole Commission for refusing parole for convicted murderer Leonard Peltier. FBIAA strongly opposed parole for Peltier," said Natalie Bara, the association's president. "Activists sympathetic to Peltier attempted to mislead the Commission and the public to secure the release of this unremorseful murderer of FBI Special Agents Jack Coler and Ronald Williams."

Contributing: Thao Nguyen, USA TODAY