Most significantly, evidence of the climate of fear and terror on Pine Ridge convinced an all-White, conservative jury in Cedar Rapids, Iowa, that two of Peltier's co-defendants, Darelle Butler and Robert Robideau, were not guilt of aiding and abetting in the deaths of the agents. An FBI analysis of the acquittals noted comments of the jury foreman: "While it was shown … the defendants were firing guns in the direction of the agents, it was held … not excessive in the heat of passion … An important facet was … an atmosphere of fear and violence existed … and that the defendants arguably could have been shooting in self-defense." Peltier was not permitted by a different judge to present the same evidence in his defense at trial.

U.S. Court of Appeals Judge Gerald Heaney, well-familiar with the evidence has recommended executive clemency since 1991.

As his first reason for the propriety of clemency, Judge Heaney wrote: "Instead of carefully considering the legitimate grievances of the Native Americans, the response was essentially a military one which culminated in a deadly firefight on June 26, 1975." His second reason was "the United States government must share the responsibility with the Native Americans for the June 26 firefight."