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Wounded Knee trials

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Wounded Knee trials
NameWounded Knee trials
CourtUnited States District Court for the District of South Dakota
Date1974

Wounded Knee trials were a series of court cases that took place in the United States District Court for the District of South Dakota, presided over by Judge Fred Joseph Nichol, in response to the Wounded Knee incident and the subsequent Wounded Knee occupation led by American Indian Movement (AIM) leaders Dennis Banks and Russell Means. The trials involved Federal Bureau of Investigation (FBI) agents, United States Marshals Service personnel, and members of the Pine Ridge Indian Reservation community, including Lakota people and Oglala Sioux Tribe members. The events were also closely watched by Civil Rights Movement leaders, such as Ralph Abernathy and Jesse Jackson, as well as Native American rights activists like Vine Deloria Jr. and Wilma Mankiller.

Background

The Wounded Knee Massacre of 1890, in which United States Army troops killed over 150 Lakota people, including women and children, was a traumatic event in the history of the Pine Ridge Indian Reservation and the Oglala Sioux Tribe. The American Indian Movement (AIM) was founded in 1968 by Dennis Banks, George Mitchell, and Clyde Bellecourt, with the goal of promoting Native American rights and protecting Native American sovereignty. AIM leaders, including Russell Means and John Trudell, were involved in various protests and occupations, including the Alcatraz occupation and the Bureau of Indian Affairs takeover. The Federal Bureau of Investigation (FBI) and the United States Marshals Service were tasked with monitoring and responding to these events, often in collaboration with local law enforcement agencies, such as the Pine Ridge Police Department and the South Dakota Highway Patrol.

The Incident

On February 27, 1973, a group of AIM members, led by Dennis Banks and Russell Means, occupied the town of Wounded Knee, South Dakota, on the Pine Ridge Indian Reservation, in protest of the Oglala Sioux Tribe's Tribal Council and the Bureau of Indian Affairs' handling of tribal affairs. The occupation, which lasted for 71 days, was marked by clashes between AIM members and federal law enforcement agents, including the Federal Bureau of Investigation (FBI) and the United States Marshals Service. The incident drew national attention, with Civil Rights Movement leaders, such as Martin Luther King III and Ralph Abernathy, expressing support for the AIM protesters. The American Indian Movement also received support from other Native American rights organizations, including the National Congress of American Indians and the Native American Rights Fund.

Investigation and Charges

Following the Wounded Knee occupation, the Federal Bureau of Investigation (FBI) launched an investigation into the events, led by FBI Director Clarence M. Kelley. The investigation resulted in the indictment of several AIM members, including Dennis Banks and Russell Means, on charges of assault, robbery, and conspiracy. The United States Department of Justice (DOJ) also launched an investigation into the actions of federal law enforcement agents during the occupation, led by United States Attorney General Elliot Richardson. The DOJ investigation was assisted by the United States Commission on Civil Rights and the National Advisory Committee on Civil Disorders.

Trial Proceedings

The trials of the AIM members were held in the United States District Court for the District of South Dakota, presided over by Judge Fred Joseph Nichol. The prosecution was led by United States Attorney R. D. Hurd, while the defense was represented by Mark Lane and William Kunstler. The trials were marked by controversy, with allegations of prosecutorial misconduct and judicial bias. The American Indian Movement also faced opposition from the Oglala Sioux Tribe's Tribal Council, which had called for the removal of AIM leaders from the reservation. The Tribal Council was supported by the Bureau of Indian Affairs and the Federal Bureau of Investigation.

Verdict and Aftermath

On September 16, 1974, the jury delivered a verdict of not guilty on all charges against Dennis Banks and Russell Means. The verdict was seen as a major victory for the American Indian Movement and a significant setback for the Federal Bureau of Investigation (FBI) and the United States Department of Justice (DOJ). The Wounded Knee trials also led to changes in the way that federal law enforcement agencies interact with Native American communities, including the establishment of the Federal Bureau of Investigation's Indian Country Crime program. The DOJ also established the Office of Tribal Justice to address issues related to Native American sovereignty and Native American rights.

Legacy and Impact

The Wounded Knee trials had a significant impact on the American Indian Movement and the broader Native American rights movement. The trials helped to raise awareness about the issues facing Native American communities, including poverty, unemployment, and lack of access to education and healthcare. The Wounded Knee trials also led to increased scrutiny of the Federal Bureau of Investigation (FBI) and the United States Department of Justice (DOJ), including allegations of misconduct and abuse of power. The American Indian Movement continued to be active in promoting Native American rights and protecting Native American sovereignty, with leaders like Dennis Banks and Russell Means remaining prominent figures in the movement. The Wounded Knee trials also inspired other Native American rights organizations, including the National Congress of American Indians and the Native American Rights Fund, to continue advocating for the rights of Native American communities. Category:Native American rights