The resulting 71-day armed conflict between Native Americans and federal law enforcement at Wounded Knee left two activists dead, and a federal agent shot and paralyzed.
Even after the siege, conflict on the Pine Ridge Reservation continued. Murders were frequent, and the federal and tribal police forces on the reservation behaved like a paramilitary force. Then came the shootout on the Pine Ridge reservation in 1975, where the two F.B.I. agents and a Native American activist were killed, resulting eventually in the charges against Mr. Peltier and two others implicated in the deaths of the agents.
Mr. Peltier’s co-defendants were found not guilty of murdering the agents after they argued self-defense. They were tried in Iowa, while Mr. Peltier was tried in North Dakota, where the judge blocked some evidence that was allowed in the Iowa case.
Years of appeals have poked holes in the government’s case against him, Mr. Peltier’s supporters say.
His conviction rests solely on the fact that he was present at the shootout with a weapon that day — not that he fired a fatal shot or had any hand in killing anyone, said James Reynolds, a former U.S. attorney in Iowa whose predecessor, Evan Hultman, handled the original prosecution of Mr. Peltier.
Mr. Reynolds is among those who have lobbied for Mr. Peltier’s release, writing letters to both the Obama and Trump administrations. He said that, while the U.S. Court of Appeals for the Eighth Circuit found Mr. Peltier had a fair trial, he no longer believed that to be the case.
“How much stuff does he need to have on his side before you say enough is enough,” Mr. Reynolds said. “They’ve been fighting this thing for more than 40 years and it seems unfortunate this is the government position.”