You know, you tell the story long enough and people begin to believe it. Bob always wanted to be a cop. He was one of the more civilized and educated, moreso than most Indians. In fact, everything about Bob’s life is a dream come true. He got to be a cop and helped put away his Indian brothers. He got to work with the FBI to help ferret out AIM leaders and put them away. He got to be Superintendent of the Pine Ridge Reservation, a job of total power. Then he was made chief of Law Enforcement, in charge of all Tribal law enforcement. He helped make law enforcement what it is today. He was instrumental in reopening the investigation into the murder of Anna Mae Pictou Aquash, and his dreams and visions led him to the murderer, Arlo Looking Cloud, a full blood Ogalala Sioux. His life was just one dream after another, a dream job.
Well, the Indian has been civilized. He now has a government, just like the white man’s government, with a justice system, just like the white man. And law enforcement with judges, robo cops, jails, and prisons, just like the white man. But how did we get from there to here, then to now, without firing a shot?
It’s not cool these days to go around just gunning down people you don’t like. And it isn’t cool to play Cowboys and Indians like in the good old days where you just shoot every Indian in sight, no questions asked. It’s better to use civilized methods on the enemy. And those civilized methods are judges and the law. Who is the law? The cops, the court, and the FBI. So now instead of Cowboys and Indians, we have Cops and Robbers.
Back in the good old days, Tribal president Wilson could just order the Tribal Police to create mayhem along with the GOONs, guadians of the Oglala Nation and they acted in any old lawless fashion. Nowadays, we have judges who make up the law as they go along, and give orders to the Police. So much more efficient and reliable.
Last February we had the Trial of Arlo Looking Cloud staring Bob Ecoffey and his dream or story, or so it seemed if you read the transcript. Barry Bachrach, Leonard Peltier’s attorney made an excellent analysis of the trial.
Way back in ’75, Kamook Banks was a very young woman, just barely 20 years old, more or less. She had 4 children with Dennis, one of the most prominent AIM leaders. Dennis was considerably older than her. It was in St. Paul that Dennis had a relationship with Anna Mae. It was also the time that Anna Mae discovered that Doug Durham was the informant. In June, Kamook discovered that Dennis had an affair with Anna Mae. It was about this time that stories started surfacing that Anna Mae was a snitch. Interesting timing.
Under oath, Kamook claimed that her husband’s infedelity didn’t lessen her friendship and fondness for Anna Mae. In fact, she made the amazing statement that Anna Mae was her best friend. Then she made the astonishing statement that Leonard Peltier was bragging to her that he killed the 2 FBI Agents. Why would she say something like that? She admitted to receiving $42,000 from the Feds. While the trial of Arlo was taking place, so was an affair between Bob and Kamook. An affair that blossomed into a marriage. In fact, Bob and Kamook were married in September. Now, that’s what I call real witness protection.
So, I think we found the woman who came crying to Bob for help. And Bob didn’t exactly have a dream, but he had a good plan as to how he could help out Kamook who came crying to him so long ago with here personal problem, a problem she couldn’t tell anyone.
And, just like Hollywood, Bob got his man, Kamook got her man, and they all lived happily ever after, except for Arlo who is doing time based on Bob’s dream.
I wonder what will happen when Arlo gets a retrial and a real attorney gets to cross examine Bob’s little story. I guess we can only dream. Here is what a real attorney said about Arlo’s trial. Barry Bachrach
Barry Bacharach Speaks out about the Trial and Conviction of Arlo
Looking Cloud in the Murder of Anna Mae Aquash
From , 7 Feb 2004
Ladies and Gentleman of the Press,
A major occurrence in Rapid City last week. A trial, if that's what you
want to call it. Many of you covered the murder trial of Arlo Looking
Cloud. A 10-minute defense? Pretty sensational stuff.
You didn't find what you were witnessing at all strange? I did. I mean,
who was on trial?
The majority of the testimony presented had nothing whatsoever to do
with Arlo Looking Cloud, but prominent members of the American Indian
Movement
(AIM) and my client, Leonard Peltier, in particular. Leonard Peltier or
the AIM leadership, I would remind you, are not on trial for the 1975
murder of Annie Mae Aquash. They have not been charged with the crime,
either, simply because there is no evidence against them. Only rumor,
conjecture, and innuendo.
And that's all you were treated to in that courtroom this week. There
was not one iota of proof presented to support many witnesses'
"beliefs". And for every witness presented, there are any number of
other individuals who could be called to appear and who would tell very
different stories - that Annie Mae wasn't afraid of AIM, but the Federal
Bureau of Investigation (FBI); she had stated this to various
individuals on numerous occasions; and she had actually put such fears
in writing. In 1975, she said she'd been told by investigators that she
would be dead within the year if she didn't cooperate with FBI agents in
framing AIM leaders and Leonard Peltier.
How credible are the witnesses in this case? Paid informants, for
example, must immediately be called into question, as must others who
have long been accused of fabricating evidence in the Peltier case
and/or of playing some part in the murder of Ms. Aquash.
Ask yourself, too, what didn't come out at this trial.
During the 1970s, the AIM leadership was targeted by the FBI much like,
as we have seen this week, they are targeted now. The Bureau's
documented intent was to "expose, disrupt, misdirect, discredit, or
otherwise neutralize" the AIM organization. The FBI had decided that
Native Americans who were committed to uniting all Native Peoples in an
effort to uplift their communities and promote cultural pride and
sovereignty were "enemies of the State". Fact, not fiction.
Virtually every known AIM leader in the United States was incarcerated
in either state or federal prisons since (or even before) the
organization's formal emergence in 1968, some repeatedly. After the 1973
siege of Wounded Knee (SD), for example, the FBI caused 542 separate
charges to be filed against those it identified as "key AIM leaders".
This resulted in only 15 convictions, all on such petty or contrived
offenses as "interfering with a federal officer in the performance of
his duty". Organization members often languished in jail for months as
the cumulative bail required to free them
outstripped resource capabilities of AIM and supporting groups. Fact,
not fiction.
After Wounded Knee, AIM activities were forbidden on the Pine Ridge
Indian reservation by the then Tribal Chairman Dick Wilson.
Traditionalists were not allowed to meet or attend traditional
ceremonies. Wilson hired vigilantes who called themselves Guardians of
the Oglala Nation (GOONs) to enforce his rules. Fact, not fiction.
The three years following Wounded Knee are often referred to as the Pine
Ridge "Reign of Terror" because anyone associated with AIM was targeted
for violence. Their homes were burned and their cars were run off the
road. They were struck by cars, shot in drive-by shootings, and beaten.
Between 1973 and 1976, over 60 traditionalists were murdered. Pine Ridge
had the highest murder rate in the United States, people! Fact, not
fiction.
And now we're supposed to believe, I take it, that the lives of these 60
or more human beings are somehow less significant than that of Anna Mae
Aquash? Yes, we want justice for Anna Mae, but what about the many
others? Don't they deserve justice, too?
In almost every case of violence, witness accounts indicated GOON
responsibility, but nothing was done to stop these bloody events. On the
contrary the FBI, the agency responsible for investigating such
violence, supplied the GOONs with weaponry and intelligence on AIM. The
FBI, in fact, looked the other way as the GOONs committed crime after
crime against members as well as supporters of AIM. Fact, not fiction.
Yet, there was no mention of these facts during last week's trial. That
means only part of the story was told. A very small part.
The public didn't hear about the shoddy investigation the FBI conducted
into the death of Anna Mae Aquash, either. It took them 28 years to
bring someone - anyone - to trial? The FBI is better than that.
Everybody knows it.
Why did the FBI not find the bullet hole in the back of Anna Mae's head,
or the blood on the back of her jacket? These things were immediately
discovered by means of an independent autopsy. Fact, not fiction.
Why did the FBI rule the cause of death instead as "exposure"? Fact, not
fiction.
Why did the FBI find it necessary to sever Anna Mae's hands, when the
agents on the scene - in particular, David Price, who testified this
week - should have been able to identify the body of a woman with whom
they were well acquainted? Anna Mae's body lay frozen in a gully when
found. Winter in South Dakota. The body was too decomposed, they say.
"Unidentifiable." Fact, not fiction.
And why then was a photo of Anna Mae's severed hands later used to
frighten another Indian woman into signing several false affidavits
against Leonard Peltier? Why was Myrtle Poor Bear told that the same
would happen to her if she failed to cooperate with the FBI and the
federal prosecutors? Fact, not fiction.
On the basis of these fabricated affidavits, a Canadian court was
convinced to extradite Peltier to the U.S. for trial. Bob Newbrook, a
retired police officer who arrested Peltier in Alberta in 1976 recently
stated, "Canada should have learned from the Peltier case that it cannot
trust U.S. evidence presented against American Indian activists."
Newbrook said he has thoroughly investigated the Peltier and Aquash
cases and has come to regret his role. "I'm haunted by the fact that I
now think we seized an innocent man, with no valid Canadian arrest
warrant, based on false evidence from the U.S.," he said.
Warren Allmand, a former Canadian justice minister, and the judge who
later extradited Peltier said they would never have agreed to his
extradition had they known affidavits and evidence presented by the U.S.
were false.
Despite its carefully contrived image as the nation's premier crime
fighting agency, the FBI then as now (and you have only to look at the
U.S. Patriot Act to know this is true) functioned primarily as America's
political police. This role includes not only the collection of
intelligence on the activities of political dissidents and groups, but
often counterintelligence operations to thwart those activities. At its
most extreme dimension, political dissidents have been eliminated
outright or sent to prison for the rest of their lives. These activities
are well documented. Fact, not fiction.
Many activists were "neutralized" by intimidation, harassment,
discrediting, and a whole assortment of tactics, including "snitch
jacketing" where the FBI made the target look like a police informant or
a federal agent. This served the dual purposes of isolating and
alienating important leaders, as well as increasing the general level of
fear and factionalism in the group. Just like the fear described in that
courtroom last week. Yet, you heard agents of the FBI, deny there ever
was such a thing as snitch jacketing, didn't you? This and other tactics
used by the FBI also are well-documented. Fact, not fiction.
The trial was well-orchestrated - not to convict the man on trial, but
to convict AIM activists and prosecute Leonard Peltier all over again
(another violation of his constitutional rights, I would argue) in the
court of public opinion.
The style and content of the articles being published last week
(machine-gun-toting Indians?) focused on Peltier, specifically, who is
due for a full parole hearing in 2008. These articles were reminiscent
of articles published at the request of particular FBI agents during the
campaign in 2001 to convince President Clinton to grant Mr. Peltier's
petition for Executive Clemency. This is why Leonard Peltier has filed a
civil suit against the FBI, naming former director Louis Freeh, current
director Robert S. Mueller, and a dozen or so active and retired agents
of the Bureau. Allegations contained in the suit include providing to
the media as fact "numerous [...] knowingly false and unsupported
accusations [...] against the Plaintiff designed solely to deny him the
right to due process both before the [U.S.] Parole Commission and in
petitions for Executive Clemency".
Nothing has changed, it seems. The only difference now is that the FBI
and federal prosecutors are using a court of law to advance these false
and unsupported accusations - when they know and have admitted twice
before the appellate bench that they can't prove Peltier's guilt. They
believe they're not culpable now because they are only indirectly
providing false information to the press.
In our system of justice, trials are open and public. This is, in part,
to guard against official misconduct and to ensure that only justice is
done. In our mature society, this means that the print and electronic
media are the witnesses to due process - the public's eyes and ears, so
to speak. This means that you have the responsibility to tell the truth,
the whole truth. This means you must remain independent observers and
guard against manipulation by the FBI and government prosecutors who
fight only to win, not for the sake of justice. Might does not make
right, ladies and gentlemen. And the end does not justify the means.
Barry Bachrach
Attorney at Law
Leonard Peltier also made a statement after Arlo’s trial. I think the eloquence of his words speak for themselves. In fact, Leonard has written several books that make for very interesting and thought provoking reading. Afterall, he was there.
Hau Kola,
First of all, I want to thank all those who have been standing up for the
American Indian Movement and myself. The Arlo Looking Cloud trial was
nothing more than an indirect presentation of another Myrtle Poorbear to
discredit AIM and myself, and to extradite John Graham. I am an innocent
man. The government knows that, and Kamook knows I am innocent as well.
On a personal note, Kamook's testimony was like being stabbed in the heart
while simultaneously being told your sister just died. I cannot convey
enough, the shock and hurt that I felt. Of all the fabrications that the
government has used to keep me imprisoned, this one hurt so deeply. I would
have laid down my life to defend Kamook and her people and I did risk it
several times. If there has ever been a time during my 28 years in this
hole that I have felt disheartened, it is now. I loved Kamook as my own
family. I can't believe the $43,000 the FBI gave her was a determining
factor for her to perjure herself on the witness stand. There must have
been some extreme threat the FBI or their cronies put upon her.
If you want to know who is responsible for Anna Mae's death, just look
around and see who else has been irresponsibly pointing fingers at proven
warriors. This kind of behavior is doing the dirty work of the F.B.I. and
the corporate entities that seek to control or own Native lands and
resources. All of those who took part in this abortion of justice in Rapid
City should be ashamed. I would say more, but my emotions are overwhelming
at the moment.
We as a people and a nation need to honor those who sacrificed for the
people and not forget them as they become elders. In every generation we
must stand strong. The enemy has many masks and the ideologies that drive
it are centuries old now, the gluttonous appetite for money and power of
those addicted. I will not give up and it's not over until it's over.
Speak, organize, demonstrate, pray, help the poor and oppressed, be a good
example, and most of all "don't ever give up!"
In The Spirit Of Crazy Horse,
Leonard Peltier
Mitakuye Oyasin
THE TRIAL OF ARLO LOOKING CLOUD
by
Janis Schmidt
I have a couple of disclaimers. First, I have been asked by Lucy Bull Bear and Arlo Looking Cloud to tell his side of the story. I have known the Bull bear and American Horse Family for 12 years and I am a good friend of Lucy. Secondly,I do not speak for anyone else, including the daughters of Anna Mae who have their own opinions and statements which they will present for themselves. As I do not know the family of Anna Mae, I would not be able to speak for them. I respect their wishes.
It has come to my attention that some people, unknown to the family of Arlo, claim to be representing him. This is not true, and for these reasons: Arlo is not associated with John Graham. Graham was not a friend of Arlo’s. Arlo never knew him. I can say nothing about Graham, because we do not know who is he. That does not mean we think he is guilty. His guilt or innocence is up to a fair minded court devoted to justice, to find out. Thirdly, we do not have a close association with AIM. Although, generally speaking, we are sympathetic to AIM and believe in what it stands for, a true warrior society. Arlo was never a part of AIM, much less to know any of the inner workings. Fourthly, Arlo knows nothing of the incident of 2 FBI agents being shot in Oglala. And furthermore, he was not there at that time.
Seems like everyone wants to be an Indian these days. Yet no one is willing to live the life of poverty and misunderstanding, that is the Indian’s life. Some people like to jump in to try attract importance to themselves by saying things that are not true. This kind of behavior is not helpful.
At the same time, we deeply appreciate those of you who have come forward with information and advice. Those of you who have sent e-mails and letters to Arlo, have been very much appreciated.
Arlo Looking Cloud and Indians in general have always been placed at an extreme disadvantage when attempting to find justice from the U.S. government, who claims to be the protector of Indian rights, land, natural resources and property. Nothing could be farther from the truth. It is a little bit like the fox now guarding the hen house.
For anyone who has reviewed the transcript of the trial of Arlo Looking Cloud, one could only conclude that Arlo was convicted of first degree murder with no evidence presented by the State. Arlo was convicted by the prosecuting attorney, McMahaon, with 23 FBI agent testimony and a couple of documented paid snitches. Although there were eye witnesses, they were never called to the stand. The State appointed attorney, Rensch, did not offer any defense for Arlo. He never called any AIM members to testify, although AIM leaders during the ’73 Wounded Knee stand off, Russell Means and Vernon Belcourt were present during the trial. Rensch never rebutted any of the FBI testimony. An important witness for the defense, someone who had first hand knowledge of Anna Mae leaving Denver of her oun free will, was told by Rensch that she needn’t be at the trial. Rensch failed to inform Arlo of his legal rights, his right to choose his own attorney. In fact, Arlo fired Rensch in August of 2003 because Rensch refused to talk to Arlo, refused to talk with the family. Later he refused expert legal expertise of Terry Gilbert from the Center For Constitutional Rights. Rensch astutely reported to the Rapid City Journal that he had left the case, but later said differences were mended and he would defend Arlo. When in fact, he never defended Arlo. Arlo’s own words were used against him.
Agent Eccofey scooped up Arlo on the streets of Denver, his home, in March of 2003. While Arlo was drunk, Eccofey videotaped a so-called confession, meaning Agent Eccofey told the concocted story and had Arlo agree to it. Arlo was drunk while Agent Eccofey meticulously read Arlo his miranda rights. The trial lasted only 3 days (actual testimony) because there was no defense.
After the trial, Rensch said he would appeal. He told Arlo and the family that only he, Rensch could file the appeal, effectively blocking Arlo from obtaining competent legal assistence.
One has to ask oneself, what was the point of this trial, this mockery of justice? (1) to manufacture evidence again AIM, American Indian Movement, (2) to have paid informant state the Leonard Peltier was guilty of killing 2 FBI agents, (this totally false and irrelevant evidence which was not refuted by Rensch), (3) to frame and blame yet another Indian to cover up crimes committed by the State.
It is the opinion of this writer, that we live in a Terrorist State run by huge corporations who want to control the world and all its resources. The number one obstacle to their goal is the American public, who must be stampeded into shredding the Bill of Rights. How can we get the public to do that? The right of free speech, of right to peaceful assembly, the right to trial, the right to freedom from unreasonable search and seizure, all these rights are beloved by Americans. What would make Americans trash the Constitution so that the corporations can have a clear path to the world’s resources and power?
Terrorists!! That’s the ticket! The world is now abounding with terrorists, just as the medieval world was abounding with witches, and for the same reasons. Curiously enough, the Terrorists are headquartered on top of the world’s largest oil reserves.
I just now heard on the news that President Bush said he will chase down terrorists wherever they may be, and to instill democracy throughout the world. At first blush, that sounds like an admirable goal until we start defining terms. Who is a terrorist? A terrorist is anyone who opposes violations of human and civil rights committed by the State. Members of such organizations as Greenpeace, anti-war groups, and AIM (American Indian Movement) are considered terrorist organizations by the State. Democracy, as defined by the State, are compliant puppet operations who will allow the huge corporations to have a free hand in stealing any resources they deem necessary to maintain the glutton that they are. Usually the U.S. government, controlled by corporate interests, will destroy the local, native, or tribal government, and install the puppet government that will do the bidding of the State. Examples of this can be found around the world, and starting right here in America with all the Indian Tribes. The U.S. killed off all the Indian leaders when the reservations were formed and then stole the land and resources. Not satisfied with this, the U.S. government tried to destroy the Indian culture, and continued to attempt to kill off the Indians by starving them and allowing them to die of disease inflicted upon them by the white man. This is the government’s definition of "bringing democracy" to other nations.
The upshot of all this is that Arlo Looking Cloud is not the target in the State’s quest for so-called ‘justice.’ Arlo is just collateral damage. The real target is AIM, just as it was back in 1973. Just what happened back in 1973? Why did not the FBI investigate the 60-some murders at that time? Why just focus on one murder? These and other questions will be answered in forthcoming articles.
For right now, we must think about Arlo. He needs a retrial where all the evidence will be presented, where he can be represented by a lawyer of his choosing. Should you have any questions or information, you may contact me, Janis Schmidt, at jlschmidt@gwtc.net or Lucy Bull Bear at 605-455-1138.
Actually, so much has changed since I first wrote this way back in February of 2004. As of May, Bob Ecoffey in the new Area BIA Director in Aberdeen, SD. He oversees all the Reservations in South Dakota including Pine Ridge where he played an important role as an FBI Agent back in the AIM standoff at Wounded Knee, the Anna Mae investigations, and arresting Arlo Looking Cloud. It is timely to do a rerun of this article, because I am a writer, not a journalist, and with us, the truth is always current. For all of you out there wondering what you can do, I would like you to say a prayer for Arlo, Leonard, and Anna Mae, all of whom cried out to me, an artist, to tell the truth, their side of the story. And I promised them I would leave no stone unturned to try find out what happened so long ago that has changed our lives, and not for the better. I do firmly believe that there are a number of spirits out there who cannot rest until the truth is told. So, I will keep digging, both for the innocent accused whose lives a living hell, and the innocent dead, until we get to the bottom of this.