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Thursday, April 2nd 2009

12:16 AM

Sample letter to BOP by Leonard Peltier's attorney Michael Kuzma, esq.

From: Michael Kuzma
Subject: BOP letter re: transfer
Date: Date: Fri, 27 Mar 2009

Hi Everyone,
Here's a version of a letter supporters can send, fax or e-mail to the BOP (Bureau of Prisons) re: Leonard's transfer request.
Best wishes,

Mike

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IPF Note:
* For supporters in the USA: if possible, send your letter by fed-ex because it will reach the BOP much faster than by regular "snail mail". Email and fax are okay too, of course, but remember that letters on "real paper" still carry more weight.

* For non-American supporters: Don't have a fax machine? No problem. You can use the Web to send a free fax - and no, you don't need to have a fax machine or find some spare change. Here is a site that gives you the ability to send a free fax online.
FaxZero gives you two free faxes a day, and if you are a very infrequent faxer (like me) then that's all you need. Just save the document you're faxing on your computer somewhere, fill in the the fax number (see below), and send the file; kind of like sending an email. Or simply type your text if you don't have a document to fax. You will receive a fax confirmation in your email inbox within 20 minutes when the fax was sent successfully.
https://faxzero.com/

Els


* * * *
sample letter


From: [your full name and full address]
 
Date:  ... / ... / 2009

 
 
To:
Mr. Harley G. Lappin, Director
Bureau of Prisons
320 First Street, N. W.
Washington, DC 20534

email:
hlappin@bop.gov
Fax: (202) 514-6878
 


Dear Director Lappin:
 
I am writing in regard to Mr. Leonard Peltier, #89637-132, who is currently incarcerated at USP Lewisburg.
 
As you know, USP Lewisburg is in the process of being converted to a special management facility and, as a result, the inmates currently housed there are being transferred to other prisons around the country. In January of this year, Mr. Peltier was transferred to USP Canaan where he was severely beaten on January 13th by two other inmates. Mr. Peltier has since been returned to USP Lewisburg.
 
On August 20, 2008, Mr. Peltier submitted an “Inmate Request to Staff” form to Case Manager Rothermel, wherein he specifically requested to be transferred to Oxford FCI or Sandstone FCI. Ordinarily, inmates are to be placed within 500 miles of his or her anticipated release residence. See BOP Program Statement 5100.08, Chapter Five, Page Three. This has not occurred at any point during Mr. Peltier’s three decades plus of incarceration. 
 
Under 18 USC §4042 (a) (2) (3), the Bureau of Prisons (BOP) has a duty to provide for Mr. Peltier’s safekeeping, care, and protection.  Further, the Supreme Court has noted that, “When the State takes a person into its custody and holds him there against his will, the Constitution imposes upon it a corresponding duty to assume some responsibility for his safety and general well being.” See DeShaney v. Winnebago County Social Services Dept., 489 U. S. 189, 199-200 (1989). The January 13th attack on Mr. Peltier is evidence that the BOP has not fully fulfilled its responsibility under the law. By transferring Mr. Peltier to Oxford FCI or Sandstone FCI, the BOP can take a positive step toward ensuring its legal obligation to Mr. Peltier.
 
Mr. Peltier is an elder who will turn 65 in September. Among other things, he suffers from diabetes, hypertension, prostate trouble, and his vision is partially impaired. There is no reason why he cannot be transferred to either Oxford FCI or Sandstone FCI. Such a transfer would comport with BOP policy and the law and should occur without any further delay.
 
I look forward to hearing from you concerning this matter at your earliest possible convenience.
 
Thank you.
 
Yours truly,
[your signature and full name]

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