[Ppnews] Leonard Peltier Denied Eighth Amendment Rights

Wed Dec 8 15:56:07 EST 2010

WEDNESDAY 8 DECEMBER 2010

Leonard Peltier Denied Eighth Amendment Rights

Wednesday 08 December 2010
<http://www.truth-out.org/political-prisoner-denied-eighth-amendment-rights65752?print>
by: Dan Battaglia and Preston Randolph, t r u t h o u t | News Analysis
http://www.truth-out.org/political-prisoner-denied-eighth-amendment-rights65752?print

The Eighth Amendment in the US Constitution 
prohibits, among other things, cruel and unusual 
punishment of prisoners. This prohibition is the 
grounds for a lawsuit filed by federal inmate 
#89637-132, Leonard Peltier, who is considered by 
many worldwide to be a political prisoner. In 
1977, Peltier was sentenced to two consecutive 
life terms for the deaths of two FBI agents on 
the Pine Ridge Reservation in South Dakota and 
remains incarcerated to this day, 
<http://www.ocnus.net/artman2/publish/Dysfunctions_2/The-Tragedy-of-Leonard-Peltier-vs-the-US_printer.shtm>despite 
the fact that all evidence in his conviction has 
been debunked and proven fabricated.

Peltier has endured many hardships during his 
incarceration, but perhaps the most shocking and 
cruel is the inadequate medical treatment he has 
received at the hands of the Bureau of Prisons 
(BOP). The medical mistreatment affecting Mr. 
Peltier began in the early 1990s. Peltier had 
suffered from tetanus, and, consequently, from 
one of its 
<http://www.mayoclinic.com/health/tetanus/DS00227>known side effects – lockjaw.

It wasn't until 1995 that Peltier was referred to 
an oral surgeon by a dentist in the Leavenworth, 
Kansas US Penitentiary. Not soon thereafter, 
Peltier was transferred to a medical facility in 
Missouri where, in the first months of 1996, he 
was finally treated. It would take more than 
three surgeries to get Peltier to be able to chew 
and open his mouth to a certain extent. At one 
point, Peltier's mouth was frozen open by 
thirteen millimeters. Peltier's medical records 
clearly show that he was not supposed to return 
to Leavenworth until he was able to chew. 
Instead, Peltier was returned before he could 
successfully open and close his mouth. The 
premature transfer resulted in an enormous public 
outcry from his supporters worldwide. In 
addition, Peltier himself filed a lawsuit 
claiming that the BOP had violated his right to 
not be subject to cruel and unusual punishment. 
The lawsuit was dismissed along with his subsequent appeal.

Peltier has also faced medical mistreatment with 
regard to his diabetes. It is common knowledge in 
the medical field that if more than one person 
uses the same electronic diabetes test kit, the 
results can be somewhat inaccurate. Peltier, now 
in his sixties, asked for permission to get his 
own testing kit. He was denied his request. This 
denial resulted in a massive uproar by Peltier 
supporters. Many, including myself, called the 
prison (Lewisburg USP) where Peltier was and 
still is incarcerated, demanding that he be 
allowed to have his own testing kit. We went as 
far as to offer to buy it for him, but our offer 
was also denied. It was only after a significant 
period of time had gone by, calls to the warden 
had been made and numerous other proactive 
actions had been taken that the BOP finally 
permitted Peltier to have his own private testing kit.

Last year, Peltier began experiencing symptoms 
synonymous with those of prostate cancer. Due to 
his family's medical history, his new illness 
became an immediate cause for concern. After 
being urged by Peltier's attorneys to address 
these symptoms, the BOP finally agreed to perform 
a standard blood test in June of 2010. It took 
four months to get the results to Peltier. As it 
stands now, there is a chance that he may have 
prostate cancer. The cure rate is known to be 
high only if the patient was diagnosed early in 
the stages of the cancer itself. Peltier first 
began to see warning signs just over a year ago, 
but since it has taken the "powers that be" over 
a year to fully look into his condition, his 
health may now be in serious jeopardy. This 
negligence, combined with the extreme medical 
neglect he has experienced in the past, only 
furthers the position of those that have long 
held that this six-time Nobel Peace Prize nominee 
should be released immediately.

According to Dr. Norma Bowe of Kean University, 
who holds a Ph.D. in community health policy and 
has worked for many years teaching college level 
health education courses to inmates in New 
Jersey's state prisons, "There are standards of 
practice for care, and waiting a year when a 
person is symptomatic does not meet those 
standards. A delay of four months in the 
processing of lab tests in cases of prostate 
cancer can result in an increased chance of 
metastasis. Delaying these tests is nothing short of negligence."

On the other hand, it should be noted that not 
everyone within the BOP has been spiteful to 
Leonard Peltier. In the course of the vast 
research for our current film, 
<http://www.windchasesthesun.com/>"Wind Chases 
the Sun," we were able to contact various prison 
officials who have come to know Peltier over the 
past thirty years and have witnessed firsthand 
the mistreatment of inmates behind prison walls. 
Retired BOP official Bruce Smith acknowledges the 
wrongdoings toward Peltier within the 
correctional system. "There is no doubt that 
Leonard has received inadequate health care in 
prison. I've witnessed it," said Smith. "I have 
seen inmates let die because they have not been 
properly treated." Ultimately, the root of 
Peltier's health problems, according to medical 
professionals within the BOP, stems from lack of treatment.

Bruce Smith worked at Leavenworth Federal Prison 
for nearly twenty years and speaks fondly of 
Peltier. "It's a crime that this guy's in prison. 
He could be doing so much more for his people on 
the outside," said Smith. Smith said one of his 
most notable memories is of the day Peltier 
abruptly stopped a riot in the making between the 
Native American and African-American inmates. 
This act of peace, according to Smith, is one of 
the many admirable and noble actions Peltier 
frequently carried out. "I think the world of 
Leonard and pray he gets out," said Smith.

Another BOP official, now retired, who asked that 
his name be withheld, concurred with Smith's 
position. With regard to Peltier's incarceration, 
he suggested, "The FBI is out for blood because 
their agents were killed. If he ever does get 
out, they'll never leave him alone." The retired 
officer added, "I've had the opportunity to view 
Peltier's case files, and I too think he was set 
up. He doesn't deserve to be in prison." This is 
a reality Peltier has learned to accept; however, 
despite the grim outlook, Peltier and his 
millions of supporters worldwide refuse to stop 
fighting for his freedom. This battle will 
continue to be extremely difficult and may even 
seem unwinnable to some. In addition, Peltier's 
situation is further complicated by his current health status.

Former BOP Officer Smith concludes, "What's wrong 
is wrong and what's right is right. What is happening to Leonard is wrong."

Further reading:
<http://www.whoisleonardpeltier.info>Learn more 
about the case of Leonard Peltier.

<http://www.lpdoc.blogspot.com/2010/11/peltier-family-accuses-us-government-of.html>Official 
press release by the Leonard Peltier Defense Offense Committee.

Please learn more about the current film 
production at 
<http://www.windchasesthesun.com>"Wind Chases the 
Sun: The Leonard Peltier Story."

Freedom Archives
522 Valencia Street
San Francisco, CA 94110

415 863-9977

www.Freedomarchives.org  
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://freedomarchives.org/pipermail/ppnews_freedomarchives.org/attachments/20101208/e1263c95/attachment.htm>