As Leonard Peltier’s June 10 parole hearing approaches, there is renewed hope and intense debate about his possible release.
Peltier was convicted of killing two FBI agents during a 1975 shootout on the Oglala Nation and has been imprisoned for more than 47 years. Among the voices calling for justice is Kevin Sharp, a former Navy veteran and former federal judge.
Sharp is co-vice chairman of Sanford Heisler Sharp and co-chairman of the Public Interest Litigation Group. From 2011 to 2017, he served as U.S. District Judge for the Middle District of Tennessee, and from 2014 to 2017, he also served as chief judge. He handled more than 4,000 cases, including high-profile cases like Young v. Giles County Board of Education.
With nearly 30 years of experience, Sharp has litigated complex civil cases, including opioid litigation and significant employment settlements. He has received numerous awards, including The American Lawyer’s South Trailblazers and Lawdragon 500. Since 2019, he has led efforts to secure presidential clemency for Leonard Peltier.
Sharp was at a recent Native Bidaské. He was asked by Levi Rickert, editor of Native News Online, to discuss Leonard Peltier’s poor health at age 79 after decades in prison, and his belief that Peltier risks death if kept in maximum security. He discusses the historical context of the 1975 Pine Ridge murders and Peltier’s involvement in the American Indian Movement, arguing that Peltier’s constitutional rights were violated during his 1977 trial.
Testimony from both supporters and the government will be discussed during Peliter’s parole hearing on June 10.
Leonard has health problems; he is 80 years old. Can you tell us something about his current state of health?
Thank you for asking about his health because as you said he has been in prison since 1977. He will be 80 years old in September. He’s 79 now, so he has all the health problems that come with a normal 79 year old, plus even more health problems.
One of the worst is an aortic aneurysm, which is fatal if it ruptures. It needs to be closely monitored, and it’s not as closely monitored as it should have been. He has heart problems and diabetes. The last few times I saw him he was using a walker. He is blind in one eye, left partially blind from a stroke he had years ago, and his eyesight has deteriorated. He has not had access to a dentist for years. He is in bad shape and not doing well.
With a parole hearing scheduled for June 10, I don’t know if he’ll make it to the next one if they deny parole. He is in Coleman 1, a maximum security prison, which is dangerous for a vulnerable, 80-year-old man in poor health. It’s a perfect storm that something bad could happen if we don’t get him out.
We wish him a good early release. Before we talk about the parole hearing itself, can you tell us a little about who you are and why you left federal court to do what you’re doing for Leonard?
I didn’t know who Leonard was; These events took place in 1975, and I was a young child in Memphis. I was a lawyer in Nashville doing civil rights work when I was nominated by the Obama administration for a position on the federal bench in 2010.
I became a federal district court judge in Nashville. As a judge, I encountered mandatory minimums, where Congress dictates the sentence, limiting the judge’s ability to determine a fair sentence. One case that really bothered me involved a young man who was convicted of a non-violent drug offense and whom I had to sentence to two life sentences.
This made me question whether I should sit on the couch. I decided to resign and work for clemency for that young man, and we were successful. Then Connie Nelson contacted me about Leonard. I began reading his files and was disturbed by the constitutional violations and misconduct in his prosecution and investigation. I contacted Leonard in 2019 to help him, and now 4.5 years later we are still working on his freedom.
You said Leonard was there at the time, and they talk about help and encouragement. But the period was volatile and the Pine Ridge Indian Reservation was in turmoil. Can you tell us something about the context of that time?
Pine Ridge was a powder keg and the Goon Squad operated there with government help. AIM was there to protect those who were not part of the Goon Squad. There were many murders and assaults in a span of three years.
When plainclothes officers arrived in unmarked cars, a gun battle ensued. Leonard did not shoot the officers, and the FBI knew this but withheld evidence. The Court of Appeal recognized this, but could not overturn the conviction due to legal standards.
Judge Heaney, who wrote the opinion, later supported leniency for Leonard. Now 38 of Judge Heaney’s former law clerks support parole for Leonard, including three who worked on his case.
The government admits they don’t know who killed the officers, but it wasn’t Leonard. It’s time to release Leonard and start the healing process.
Please tell us about the details of the June 10th parole hearing.
The hearing will take place in Coleman, with a hearing officer present to collect evidence and witness statements. We don’t know all the witnesses yet, but some will testify in writing and some live.
We’ll hear from Leonard’s doctor about his health, and from James Reynolds, the former U.S. attorney who oversaw the appeals and who supports parole for Leonard. We will have witnesses to discuss Leonard’s life after his release, including his housing and health care on the Turtle Mountain Band of Chippewa Reservation.
Leonard will also address the hearing officer. The government will have people there advocating against his release. Public support is important and we will provide information on how to write to the Parole Board.
Typically, parole boards want to hear an admission of guilt and remorse. Leonard has maintained his innocence. How does this affect the hearing?
It’s difficult because Leonard didn’t commit the crime, and there’s no evidence that he did. He shouldn’t lie about something he didn’t do. Leonard has expressed regret for the tragic events of that day and the overall situation.
The whole case is tragic and Leonard feels bad about everything that happened. It is important that the hearing officer understand this context, as well as Leonard’s genuine feelings of remorse for the tragedy.
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