From gars@speakeasy.org Thu Dec 27 09:27:28 2001 Date: 19 Dec 2001 02:10:12 -0000 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews09.051 WOTANGING IKCHE -- Lakota -- Common News Kanoheda Aniyvwiya -- Cherokee -- Journal of the People Otapi'sin Atsinikiisinaakssin -- Blackfeet -- News for All the People Es'te Opunvk'vmucvse -- Creek -- People's New News Aunchemokauhettittea -- Naragansett -- Let Us Share News Ni-mah-mi-kwa-zoo-min -- Ojibwe -- We Are Talking About Ourselves Ha-Sah-Sliltha -- Ditidaht Nation -- News of the People Un Chota -- Susquehannic Seneca -- The People Speak Ximopanolti tehuatzin, inin Mexika tlahtolli -- Nahuatl -- For you we offer these words It-hah-pe-hah Ah-num pah-le -- Chickasaw -- Together We Are Talking Sho-da-ku-ye -- Teehahnahmah -- Talking Birchbark Native American News -- Language of the Occupation Forces ==>If you want your Nation represented in the banner of this newsletter<== email gars@nanews.org with the equivalent of "News of the People" in your tribal language along with the english translation O +-----------------------------+ O o O | Much more happens in Indian | O o O VOLUME 09, ISSUE 051 | Country than is reported in | O o o o o O | this weekly newsletter. For | O o O December 22, 2001 | For daily updates & events | O o O | go http://www.owlstar.com/ | O | dailyheadlines.htm | Iroquois great light moon +-----------------------------+ Anishnaabe manidoo-gizisoons/small spirits moon <================<<<< >>>>================> This issue contains articles from www.pechanga.net; www.owlstar.com; www.indianz.com; MINN-IND, LPDC, Innu-L and Rez Life mailing Lists; UUCP email; newsgroup: alt.native IMPORTANT!! ----------- In accordance with Title 17 U.S.C. section 107, all material appearing in this newsletter is distributed without profit to those who have expressed a prior interest in receiving this information for educational purposes. <================<<<< >>>>================> This newsletter is a way of keeping the brothers and sisters who share our Spirit informed about current events within the lives of those who walk the Red Road. ++ It may be subscribed to via email by sending a request from your own internet addressable account to gars@speakeasy.org ++ It is archived at http://www.nanews.org <================<<<< >>>>================> As historian Patricia Nelson Limerick summarized in The Legacy of Conquest: The Unbroken Past of the American West, "Set the blood quantum at one-quarter, hold to it as a rigid definition of Indians, let intermarriage proceed as it had for centuries, and eventually Indians will be defined out of existence. When that happens, the federal government will be freed of its persistent 'Indian problem.'" "We Indians kept together that time and we avoided the worst. No eagle came, but we survived." "Doing my best to keep my brothers safe and out of harm's way bought me a long stay in the Shoe, of course. Hey, listen, I'm used to paying for crimes I didn't commit. I can tell you, I don't like being in the Shoe one bit. You spend twenty-three hours a day in a small cage inside a larger cage. For exercise you're allowed into the larger enclosing cage for one hour a day. Its whole intent is to break you. I'll avoid it if I can. But they'll never break me in there." "Not a chance." __ Leonard Peltier "Prison Writings...My Life Is My Sun Dance" +- -- -- -- -- -- -- -- -- -- -- -+ | Indian Pledge of Allegiance | The Indian Pledge of Alleg- | | iance was first presented | I pledge allegiance to my Tribe,| on 2 December '93 during the | to the democratic principles | opening address of the Nat- | of the Republic | ional Congress of American | and to the individual freedoms | Indian Tribal-States Relat- | borrowed from the Iroquois and | ions Panel in Reno, NV. NCAI | Choctaw Confederacies, | plans distribution of the | as incorporated in the United | Indian Pledge to all Indian | States Constitution, | Nations. | so that my forefathers | | shall not have died in vain | Walk in Beauty! Night Owl +- -- -- -- -- -- -- -- -- -- -- -+ +- -- -- -- -- -- -- -- -- -- -- -- -- -+ | Journey | In the summer and early fall | The Bloodline | of 1998 the Treaty Unity Riders | | rode a thousand miles on horse- | For all that live and live by law | back, carrying a staff and | We Stand, we Call, We Ride | praying each step of the way. | For All that fear and fear by sight | | We Hear, we Listen, we Ride | These prayers were offered for | For all that pray and pray by strength| each of us, and that the Unity | We Feel, we Move, we Ride | of all Peoples might happen. | For all that die and die by greed | | We Hurt, we Cry, we Ride | Tatanka Cante forwarded this | For all that birth and birth by right | poem on behalf of all the Unity | We Smile, we Hold, we Ride | Riders that we might stop and | For all that need and need by heart | ask if the next words we say, the | We Came, we Went, we Rode. | next act we make is for the good | | of the People or is it from ego | Treaty Unity Riders | for self. +- -- -- -- -- -- -- -- -- -- -- -- -- -+ O'siyo Brothers and Sisters! Playing politics with human lives. I hate to muddy up your cheery holiday season, but reality has a nasty habit of presenting itself at unwelcome times. This issue includes a message from Just an Old Man that needs to be taken to heart. It has been pointed out many times the circle moves in both directions. What you send out will come back. Remaining silent when you are aware of heinous, hateful doings is a tacit approval of those doings. You are responsible for your own silence. This issue also includes a message from Johnny Rustywire concerning the effects of the Interior computer shutdown at a very personal level. Secretary Norton's "in your face" system-wide shutdown may give her some degree of smug comfort. As you can see it gave others unbelievable grief. Playing politics with human lives. A woman is raped, a child is slaughtered, an elder freezes ... It all comes to the same place. Maybe you didn't send out this pain. Maybe you didn't do a damn thing to stop it, either. It isn't too late to help an elder or child make it through the bitter cold. A lengthy list of reliable, trustworthy sources to send your gift of food, clothing, toys for children, baby food!, or money for heating follows. In that way you can help mend the break in the hoop. =================================== http://www.pechanga.net/ URGENT CALL FOR HOLIDAY HELP FOR SANTEE SIOUX TRIBE Dear Tribal Friend: The Santee Sioux Tribe of Nebraska is in dire need of our help for the Christmas holidays. As you probably may know, the Department of Justice seized the Santee Sioux tribe's bank accounts and sued to close the tribe's gaming operation because the tribe has been unable to get a tribal-state compact. What you may not know is that the Department of Justice took everything. Not only did they seize tribal bank accounts but they took the funds from a tribal grocery store, their bake sale funds for their elder care program and a fund used to pay for child car safety seats!! It is a daily struggle just to ensure the basic necessities for their children and elders and getting through Christmas will be especially hard. There is one thing you cannot do - you cannot send money directly to the tribe or it will just be taken away. ------------------------------ You can send a check to "Tribal Relief Fund" and mail it to: Mr. Roger Meyer, Casino Morongo Accounting Department 49750 Seminole Drive Cabazon, CA 92230. All monies collected will be used to purchase food and necessities through local stores or to be shipped to the tribe. Here is the request list they sent us that we are using as our guide: FOR ELDERS (79 Tribal Elders) : Turkeys, hams, food baskets, winter coats, gloves FOR YOUNG CHILDREN (540 Children): Apples, oranges, gloves, winter coats and candy FOR THEIR TEENS (121 Teens): Gloves, stocking caps, winter coats It gets bitterly cold in Nebraska and so warm coats, blankets, sweaters, gloves will be especially precious. We are coordinating a central effort so as to ensure minimal duplication. If you have any questions, you can call me at 909-849-4697 or Waltona Manion at 800-937-7692. All tribes who send contributions will be listed in a summary we are sending to the Santee Sioux and we will provide the names of donating tribes and individuals to the media and for posting on Victor Rocha's website www.pechanga.net. Thank you in advance for your generosity to a tribe who will be deeply grateful for your assistance. And this comes with our best wishes for a happy holiday season you will have made better for Santee Sioux tribal families. With sincere appreciation, Damon Sandoval, Morongo Band of Mission Indians, California Anthony Miranda, Pechanga Band of Luiseno Indians, California Tracy Burris, Chickasaw Nation, and Chairman, Oklahoma Indian Gaming Assn. James Starr, Cherokee Nation, Oklahoma Wilson Pipestem, Otoe-Missouria Tribe, Oklahoma =================================== If you have names and addresses of trustworthy collectors of food, money and clothing gifts at the various reservations please forward them soon. The winter winds already have come down from the north. -=-=-=- I send thanks to my friend, Crazy Bull, for passing along a contact for those who wish to donate food, clothing or fuel money to elders in need on the Rez's. Wopila Russell. Evelynn Charging P O Box #170 Lower Brule, SD 57548 if no answer call Grandmother Charging at Phone: 605-473-5377 the Golden Buffalo Casino 605-473-5577 -=-=-=- From: "Kay" For those of you who wish to 'Give A Gift,' here is the address: Eastern Cherokee Alliance 5411 Laureltree Place Louisville, Ky. 40229 Marty Soaring Eagle said he would distribute/deliver. 1-502-966-8046 Thank you Kay -=-=-=- From: "Nimchira" I am collecting items for the Rosebud Reservation if anyone is interested. Below is a small list of items needed before first snow fall. The first part of the list is what they need now, they have plenty of clothing so far....however there is a shortage of warm jackets, food is also an important need right now...... again, I thank you.... Nim Toiletries: Bath Soap Shampoo and Conditioner Deodorants Tooth brushes, Paste Feminine products Mens Shaving items Bath Towels and wash cloths Non-perishables Food items: Boxed goods Canned goods Bottled Water Baby foods Warm Clothing: Childrens Winter Wear in good repair Men and Womens Winter coats or jackets Gloves, mittens, scarves, hats [knit or crocheted] Other items of warm outer wear. Baby items, diapers Blankets, lots of blankets. For more information you can call Nimchira Webb at: 1-620-278-3842 Items can be left in care of: J. Porter Selman 217 So. 2nd. St. Sterling, Kansas -=-=-=- From: "Brigitte Thimiakis" Subj: Lame Deer Reservation Greetings Gary, I hope this finds you well. I have just received the address for your list(Lame Deer Reservation). I hope it is not too late!=20 There are a couple of thousand children there, many single mothers too. There is a shelter for children up to 15-16 years old. Ann gives them all the assistance she can. Beside toys, warm clothes like jackets, gloves, hats, socks, coats, etc for children and blankets, would be much appreciated. The toys will be distributed during the Christmas give away but the clothes and blankets will be distributed right away. Address for Truck (only): GPTA Building Cheyenne Ave and Ridgewalker Lame Deer, MT Please ask for Ann Booker Only Monday through Friday 9:00a.m. to 5:00p.m. Someone looking for the building could ask anyone they see where the GPTA Building is and they should be able to direct them. Ann Booker works in the office where they work with assistance, etc. [If needed please contact thimiakischool@the.forthnet.gr before the boxes arrive at the office and we can let Ann know in advance.] - Address for shipping items by mail: Ann Booker P.O. Box 1004 LAME DEER MONTANA 59043 Ann's home address is available off list for anyone who would like to send items by UPS (United Parcel Service), at the above email address. -=-=-=- From: dfinstead@setaim.com Elders and children will suffer this winter if they don't receive help. Warm clothing and blankets are needed as well as money for fuel. Also personal needs, soap, toothbrushes, diapers, etc. Please remember to send toys to the children for Christmas. PLEASE DO WHAT YOU CAN TO HELP AND PASS THIS ON TO OTHER LIST, FRIENDS AND FAMILY. >>>>>>> Bonnie Whitesinger Box 1073 Hotevilla, AZ 86030 Would be able to handle fuel donations for Big Mountain. > >>>>>>>>>>>>> There is a needs list on www.blackmesais.org/needslist.html Black Mesa Indigenous Support P.O Box 23501 Flaggstaff Arizona 86002 >>>>>> New Mexico Southwest Indian Foundation, 100 W. Coal, Gallup, NM 87301. > >>>>>> Eastern Cherokee Alliance 5411 Laureltree Place Louisville, KY 40229 Taking clothing, food, and toys >>>>> PINE RIDGE PTI Propane P,O, Box 1987 PIne Ridge, SD 57770 Ph: 1-605-867-5199 >>>> Bennett County Coop P.O. Box T Pine Ridge,SD 57551 ph: 1-605-685-6711 Fuel >>>> I have several families that I buy fuel for in Wanblee.(Pine Ridge) If you'd like to help out with that, it would be appreciated. The money goes directly to the Co-op in Martin, and they deliver the amount paid for, either by credit card, check or M.O. Contact me off list if you want to be a part of that. jdkc@woptura.com J. D. CHIPPS >>>>>> ROSEBUD RES. Alfred Bone Shirt P.O. Box 283 Mission, S.D. 57555, I can be contacted at this email address or by telephone 605-747-4443, For fuel >>>>>>>>> J. Porter Selman [Nim] 217 So. 2nd. St. Sterling, Ks 67579 All donations go to Rose Bud res. >>>>>>>>> ANGEL HAVEN MISSION C/OF GRACE DEEL RT 1 BOX 433 VANSANT VA >>>>> St. Bridgets Catholic Church General Delivery Rosebud Res., SD >>>>>>>>>>>>> ndn-aim list fund (Erth handles it, reciepts sent and amounts posted) For emergency assistance and fuel fund. ndn-aim fund c/o box 1334 Rapid City, SD 57709 I also have address to send clothing, food, etc, to Pine Ridge and Rose Bud (Carter Camp), I will give out off list. These are individuals who can be trusted to distribute to those with needs. You may contact me at dfinstead@setaim.com for these address. Dodie === To subscribe to this group,send an email to: ndn-aim-subscribe@egroups.com -=-=-=- From: "Carter " Ah-Ho Relations, A couple of weeks ago Dodie asked me if I could help some list members by distributing some gifts they had gathered. I said I could because my wife and I know plenty of needy people. After thirty years as a Sundance society leader it seems like hundreds of people call me 'Uncle' or 'Grampa' around here. Anyway both Maureen and Ken have sent some very nice things up and Linda has distributed them. Yesterday she was happy because she had taken a box of things to a young single mother who said her car was broken down and the baby was on her last diaper(in the box was some pampers). She has three kids, no husband and is trying to go to school so she could use the entire box of assorted kid stuff. It was great for Linda and I too, our kids are grown so making these kids happy feels good. Anyway, yesterday I read an article on some lady who delivered a whole semi-truck load of things to Pine Ridge. Along with it was an article comparing the rez to Afghanistan, with starving malnourished elders and children shivering in their log cabins. That is just not true, we are poor here but we're American poor not Afghanistan poor. There's a big difference, our kids have the basics even if their folks have to scramble for it. Our elders do too though they are often too proud to seek help. Our needs aren't for rice or wheat in bulk or for left-over, used clothing. Our needs are for basics but not THAT basic. The new coats and baby things Maureen sent and the pretty little girls outfit that Ken and his wife sent are the kinds of gifts needed. So far, Linda said, all those we have passed these things on to are single parents. My wife has a gift for befriending young mothers so we serve as emergency babysitters and such. If some of you on this list want us to distribute gifts for you we'll do it if you keep what I said in mind. We can't handle a big truckload but we do know many people who are in need, mostly young and with several children. And most of them are from the circle of traditionals that I know from the Sundance. If you want me to pass your gifts along make sure they're things you would give face to face and it will be fine. Winter clothes and toys for xmas. What we don't give to acquaintances we'll give to the various communities and vets center. Carter Dohiyi Ani Oginalii , , Gary Night Owl gars@nanews.org (*,*) P. O. Box 672168 gars@speakeasy.org (`-') Marietta, GA 30006, U.S.A. gars@olagrande.net ===w=w=== gars@sdf.lonestar.org ----------- News of the people featured in this issue ---------- - Jack Briggs - Students call for - Crossings Firing of Principal - Girl Missing - Voyage to Rescue Tribe's History - La Raiz de la Rabia... - Natives Peacefully leave - Rustywire: It is All We Have two Protest Camps - Legend Site Sacrificed - Tribal/State Judges make History for Road Project - Stores lose Legal Battle - Interior Officials on Cigarette Tax accused of Cover-Up - La Causa - Interior Secretary Misled Court - BIA Officer Kills Teen - Interior Stalled - Mother says Slain Teen was Unarmed - A Gale Norton Christmas - February 6 marks Peltier Arrest - Tribes want Trust Fund - Take Action February 6 FINALLY Fixed - Native Prisoner - Norton Rejects -- Lakota Man's rights Denied Tribes' Unanimous Voice - History: Carlisle Indian School - Santee may have Lost the War - Poem: Box of Crayons - Choctaw Lake being Stocked - Verse: Hawaiian Book of Days - NA Preparatory School - Indian Women see Tribes' Future to sell Rowe Campus in Education - Upcoming Events --------- "RE: Jack Briggs" --------- Date: Sun, 16 Dec 2001 22:10:47 -0800 From: Roxanne Martineau Subj: Jack Briggs Mailing List: Minnesota Indian Affairs It is with heartfelt sadness that I write this posting to inform everyone that Lester Jack Briggs, president of the Fond du Lac Tribal and Community College walked on this morning at 10:50. I will post again once services have been decided. Please send out your thoughts and prayers to his family and community who greive his absence. Wherever you go, there you are Roxanne L. Martineau Speech-Communications University of Minnesota rmartine@d.umn.edu --------- "RE: Crossings" --------- Date: Mon, 17 Dec 2001 08:54:10 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CROSSINGS" December 11, 2001 Cheryl Ann Big Boy KYLE - Cheryl Ann Big Boy, 28, Kyle, died Saturday, Dec. 8, 2001, in Rapid City. Survivors include her father, Roger Big Boy, Kyle; her mother, Carol Yellow Elk, Kyle; four sons, Roger Big Boy, Robert Little Dog and Vincent Little Dog, all of Manderson, and James Hairy Bird Jr., Rapid City; and three daughters, Delia Big Boy, Pine Ridge, Jamie Hairy Bird, Salt Lake City, and Chelsea Hairy Bird, Rapid City. Two-night wake begins at 1 p.m. Wednesday, Dec. 12, at Our Lady of Sorrows Catholic Hall in Kyle. Mass of Christian Burial will be at 10 a.m. Friday, Dec. 14, at the hall, with the Rev. Joe Damhorst and the Rev. Dan Makes Good officiating. Mr. John Around Him will officiate at traditional services. Burial will be at Big Boy Family Cemetery in Kyle. Sioux Funeral Home of Pine Ridge is in charge of arrangements. Charles Henry Peterson Jr. DALLAS - Charles Henry Peterson Jr., Tatanka Witko, 58, Dallas and formerly of Veblen, S.D., died Thursday, Dec. 13, 2001, in Dallas. Survivors include his wife, Beverly Peterson, Dallas; six children, Jolene Black Lance and James Peterson, both of Rapid City, Charles Peterson III, Belgrade, Mont., Fredrick Peterson, Mission, S.D., Warren Peterson, Lower Brule, S.D., and Charles Austell, Lewisville; seven siblings, Joseph Petersen, Veblen, Floyd Beaudreau, Sisseton, S.D., Maynard Beaudreau and Mitch Lawrence, both of Peever, S.D., Wayne Lawrence, Winner, S.D., Janice Loney, Browns Valley, Minn., and Norma Lawrence, Hancock, Minn; and 10 grandchildren. Two-night wake was Sunday and Monday, Dec. 16-17, at St. Catherine's Hall in Sisseton. Services will be at 10 a.m. today at the hall, with the Rev. Randy Oswald officiating. Burial will be at St. Matthew's Cemetery in Veblen. Cahill Funeral Chapel of Sisseton is in charge of arrangements. Vincent Dewey Mesteth Jr. RAPID CITY - Vincent Dewey Mesteth Jr., 57, Rapid City, died Saturday, Dec. 15, 2001, in Rapid City. Survivors include five sons, Vincent Mesteth III, Michael Mesteth and Jeffrey Mesteth, all of Rapid City, Steven Mesteth, Sioux Falls, and Bo John Mesteth, Wanblee; four daughters, Sandra Pretty Bear, Jennifer Mesteth and Monica Night Chase, all of Rapid City, and Marisha Mesteth, Wanblee; one brother, William Mesteth, Mitchell; three sisters, Gloria Mesteth, Palm Springs, Calif., Roselyn Pacheco, St. Cloud, Minn., and Helen Guzman, Rapid City; and 10 grandchildren. One-night wake begins at 1 p.m. Wednesday, Dec. 19, at Mother Butler Center in Rapid City. Mass of Christian Burial will be at 10 a.m. Thursday, Dec. 20, at the center, with the Rev. Pat McCorkle officiating. Burial will be at Holy Rosary Catholic Cemetery in Pine Ridge. Sioux Funeral Home of Pine Ridge is in charge of arrangements. Zelma Nina LeBeau RAPID CITY - Zelma Nina LeBeau, Nape Wakan Win, 78, Rapid City and formerly of Eagle Butte, died Sunday, Dec. 16, 2001, at home. Survivors include three sons, Victor LeBeau, Tucson, Ariz., Jerome LeBeau, Rapid City, and Gerald LeBeau, Eagle Butte; one daughter, Theda White Cloud, Albuquerque, N.M.; three sisters, Mildred Bridwell, Darlene Mestes and Toni LaPlante, all of Eagle Butte; 12 grandchildren; and 13 great-grandchildren. Her husband, Theodore LeBeau, preceded her in death. One-night wake begins at 7 p.m. MST Wednesday, Dec. 19, at HV Johnson Cultural Center in Eagle Butte. Services will be at 10 a.m. MST Thursday, Dec. 20, at the center, with Deacon Ted Knife officiating. Burial will be at LaPlante Catholic Cemetery. Larson Funeral Home of Mobridge is in charge of arrangements. Memorials may be sent to Zelma LeBeau Memorial Fund, 1008 Howard St., Lot 119, Rapid City, SD 57701. Copyright c. 2001 The Rapid City Journal. -=-=-=- December 16, 2001 JoAnn Begay JoAnn Begay, 100 years young, died Wednesday morning, Dec. 12, 2001, at San Juan Regional Medical Center in Farmington. She is survived by her four sons, Fleming, Dick, John D. and Raymond Roger Begay; and numerous grandchildren. She was the matriarch of five generations of Begays. Funeral services will be at 10 a.m. on Monday, Dec. 17, 2001, at Christian Reformed Church of Red Valley, Ariz., with Howard Begay officiating. Burial will be at Red Valley Community Cemetery. Pallbearers will be Johnson Begay, Rydell Keams, Delbert Begay, Jimmy Jacob, Jones Ace Begay and Jonathan Begay. Alternate will be Thomas Begay. Funeral arrangements are with Chapel of Memories Funeral Home in Kirtland, (505) 598-9636. Copyright c. 1999-2001 MediaNews Group, Inc/Farmington Daily Times. -=-=-=- December 11, 2001 Loretta Cunejo GALLUP - A traditional wake for Loretta Cunejo, 54, was held today at the family home, Zuni. Burial will follow at Quincy Memorial Cemetery. Cunejo died Dec. 10 in Gallup. She was born Dec. 2, 1947 in Gallup. Cunejo graduated from Riverside Indian School, Anadarko, Okla. She was employed with the Navajo Tribe and Wal-Mart. Survivors include her son, Franklin Harrison III; daughter, Alva Cunejo; mother, Eunice Cunejo; brothers, Emmett Cunejo of Albuquerque, Thaddeus (Ted) Cunejo of Las Cruces, Leon Cunejo and Edward Cyrs both of Gallup; sisters, Natalie Gasper of Zuni, Vera Gomez of Taos, Marcella Wilson, Corliss Marianito and Jean Quintana all of Gallup; and one grandchild. Cunejo was preceded in death by her father, Joaquin Cunejo; and brothers, Dana Cunejo and Elton Charley. Pallbearers will be family members. Faye James Yazzie WOOD SPRINGS, Ariz. - Services for Faye Yazzie, 74, will be held at 9:30 a.m., Wednesday, Dec. 12 at St. Michaels Catholic Church. Father Gilbert will officiate. Burial will follow at Kinlichee Community Cemetery. Gilbert died Dec. 8 in Gallup. She was born July 15, 1927 in Kinlichee, Ariz. into the Black Streak Wood People Clan for the Bitter Water People Clan. Survivors include her husband, Wallace Yazzie Sr. of Ganado, Ariz.; sons, Wesley Yazzie of Window Rock, Calvin Yazzie, Wallace Yazzie Jr. and Walter Yazzie all of Ganado; daughters, Alta McCabe of Farmington, Rita Roanhorse of Kinlichee, Ella Jim and Vernita Yazzie both of Ganado, Juanita Yazzie, Rosita Yazzie and Myrtle Youvella all of Window Rock; brothers, Jimmie James of Tohatchi and Joe James of Wood Springs, Ariz.; sister, Louise Peters of Twin Lakes; 27 grandchildren and 12 great-grandchildren; Gilbert was preceded in death by her parents, Bah and Jim James Sr; brothers, Buddy James and Willie James; and sister, Clara Bia. Pallbearers will be Reuben McCabe, Milford Roanhorse, Marlon West, Brian Yazzie, Calvin Yazzie and Wallace Yazzie Jr. Rollie Mortuary is in charge of arrangements. December 12, 2001 Don Raymond Tenequer Sr. FORT WINGATE - Services for Don Tenequer Sr., 62, were held at 2 p.m., Saturday, Dec. 8 at the Post Oak Mennonite Church, Indiahoma, Okla. Charles Rempel officiated. Private disposition followed at Post Oak Cemetery, Indiahoma. Tenequer Sr. died Dec. 5 in Farmington. He was born July 27, 1938 in Lawton, Okla. into the Comanche Tribe. Tenequer Sr. graduated in Indiahoma. He was a member of the Comanche Tribe of Oklahoma, Navajo Nation Rodeo Cowboy Association, (board of director), All Indian Rodeo Cowboy Association, Arizona Racing Association, Gold Card Holder and the Post Oak Mennonite Church. He was a heavy equipment operator and a rancher. Survivors include his wife, Generita Francisco; sons, Michael Tenequer of Norman, Okla., Monte Balen of Indiahoma, Lance Laughlin, Joe Paul Tenequer, and Don Raymond Jr. all of Fort Wingate; daughters, Martha Turner of Lawton, Okla., Mary Tenequer of Indiahoma and Janell Laughlin of Fort Wingate; brother, Lonnie Tenequer of Indiahoma; sister, Linda Yacheyonny of Cache, Okla. and five grandchildren. Tenequer Sr. was preceded in death by his parents, Martha and William Tenequer and brother, Winfred Poemoceah. Pallbearers were family members. Ruth Ann Clinton FORT WINGATE - Services for Ruth Clinton, 59, will be announced at a later date. Clinton died Dec. 9 in Gallup. She was born Sept. 7, 1942 in Fort Wingate into the Standing Tree People Clan for the Honey Comb Rock People Clan. Rollie Mortuary is in charge of arrangements. Courtney Rene John MANY FARMS, Ariz. - Services for Courtney John, infant, will be held at 9 a.m., Saturday, Dec. 15 at the Catholic Church, Chinle, Ariz. Father Blane Grein will officiate. Burial will follow at Chinle Community Cemetery. John died Dec. 12 in Phoenix. She was born Nov. 27, 2001 in Chinle into the His Sleeves Under His Cover Clan for the Folded Arms within His Cover People Clan. Survivors include her parents, Gwendolen John and Eric Thompson; brothers, Jonah Thompson; sisters, Jessica Thompson, Justine Thompson, April Wilson and Elizabeth Wilson; grandparents, Ella and Paul Jumbo of Many Farms and Beverly Thompson of Craigsville, Va. John was preceded in death by her great grandparents, Zonnie and Ben John. Pallbearers will be Alton John, Alonzo John, Alphonso John Jr. and Johnathan John. The family will receive friends and relatives after the burial services at Ella and Paul Jumbo's residence, 1 1/4 mile southwest of Many Farms Chapter House. Tse Bonito Mortuary is in charge of arrangements. Copyright c. 2001 The Gallup Independent. --------- "RE: Girl Missing" --------- Date: Mon, 17 Dec 2001 08:54:10 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="MISSING" http://www.gallupindependent.com/todaysnews.html#anchor1 Girl missing WINDOW ROCK - Parents of a missing 14-year-old Window Rock girl want her to call home to let them know she is all right. Candelaria Rose "Candy" Yazzie was last seen in Phoenix on Oct. 4, according to her mother, LaTanya Diaz-Cortez Curley. Besides being known as "Candy," her daughter also is known as "Angel" or "Katie," Mrs. Curley said. Yazzie is about 5'3" tall, weighs about 115 pounds, has brown eyes and brown hair, but likes to dye her hair. Her mother said she also has a light-colored birthmark on the front of her neck, and may be wearing a ring through her nose. She also must take medication and is described as having a high-risk personality. She was born March 7, 1987. In addition to her last sighting in Phoenix, people have reported seeing a girl similar to Yazzie in both Farmington and Gallup. Anyone with information can telephone Mrs. Curley at (928) 871-4705, the Navajo police Window Rock precinct at (928) 871-6113, the Phoenix Police Department at (602) 262-6151, the Navajo Social Services Division at (928) 729-4013 or the Navajo Behavioral Health Department Fort Defiance office at (928) 729-4349 or -4408. --------- "RE: La Raiz de la Rabia..." --------- Date: Tue, 11 Dec 2001 10:08:14 -0500 From: not@inthe.game (justanoldman) Subj: la raiz de la rabia... Newsgroup: alt.native I will never forget.. or forgive.. In Memoriam.... El Mozote - 10 December, 1981 Recuerdo.. por nos hermanos y hermanas indigenas.. los pobres, los innocentes murieronen en la matanza.. 09 diciembre, 1981 - Arambala y Cumaro 10 diciembre, 1981 - El Mozote (la victima #423 fue mi dulce Dominga) 11 diciembre, 1981 - La Joya y Los Toriles 12 diciembre, 1981- La Rancheria 13 diciembre, 1981 -Jocote Amarillo y Cerro Pando Just eight (8) small villages.. erased. Total confirmed victims: Nine hundred & forty-one men, women & children butchered, plus remains of at least 300-350 "others" (ie: too little forensic remains to legally classify as individual humans). All of the tortured, raped, mutilated, butchered.. dead.. were civilan non-combatants, all Mayan, all killed by the "heroic" Atlacatl Battalion - US-trained/armed/supervised while accompanied/directed by at least 10 & possibly 12 US Army "advisors". If you have the guts to read of such horror, such terrorism, read the factual report on this US-directed butchery written by US journalist Mark Danner - "Massacre at El Mozote" (Vintage Press, NY 1994) (some sample pages available at Amazon.com). In El Mozote alone, one-hundred & thirty-one (131) of the victims were under the age of twelve (12) years old.. many were less than one (1) year old.. "Terrorists" according to the USA.. Ask yourselves, if you dare glimpse such horror, how many similar "terrorist-babies" the USA butchered in Guatemala, in Honduras, in Nicaragua, in Colombia, in Peru, in Chile, in Laos, in Kampuchea, in Vietnam, in East Timor, in... It is glaringly obvious to all of the world but in Amerika itself, that Amerikans must love the taste of blood.. It is equaly obvious to all of the world but in Amerika itself that the Amerikan people certainly can't pretend that such barbarity is "their government's doing, not theirs" because (as they love to boast) this particular "rogue state armed to the teeth with weapons of mass destruction" is run "BY THE PEOPLE!" & they don't stop the killing.. It is also true in all of the world, even in Amerika, that what goes around comes around, & that justice & truth will always prevail.. Each day brings more hatred to Amerika.. Keep ignoring the causes & evade the truth if you wish, but inevitably there will be justice.. Your children or grandchildren will eventually hang for the crimes your complicity of silence teaches them to commit & condone.. "THERE IS NO SUCH THING AS AN 'INNOCENT BYSTANDER' WHO, 'JUST HAPPENS TO WITNESS' GENOCIDE AND CRIMES AGAINST HUMANITY. THEY ARE AS GUILTY AS THE ACTIVE PARTICIPANTS IN THESE HEINOUS AND DIABOLICAL CRIMES!" - Robert H Jackson.. in his opening address to the Nuremberg Tribunal. [- Attorney-General of the USA (1940-41) - Associate justice US Supreme Court (1941-1954) - Chief US Prosecutor to Nuremberg War Crimes Tribunal.] Venceremos! .. jaom/e'ne'thekwe' "pero de cada nino muerto sale un fusil con ojos, pero de cada crimen nacen balas que os hallaran un dia el sitio del corazon." ------------------------------------------------------------------------ Should Danner's report/book be too traumatic for your white-bread sensibilities, check out the proof in this UN report - on one of thousands of such similar cases of USA-sponsored terrorism around the world - : UN Security Council, Annex, From Madness to Hope: the 12-year war in El Salvaldor: Report of the Commission on the Truth for El Salvador, S/25500, 1993, 9-17. http://www.usip.org/library/tc/doc/reports/el_salvador/ tc_es_03151993_casesC.html Section C. MASSACRES OF PEASANTS BY THE ARMED FORCES To learn how the US State Dept pressured the UN to surpress this report, ref to New Republic Magazine, May 1993 (94?) edition.. --------- "RE: Rustywire: It is All We Have" --------- Date: Thu, 13 Dec 2001 00:07:01 -0000 From: "Rustywire" Subj: It is all we have Mailing List: Rez Life Somewhere in Washington they sit, those three. one named Cobell who wants to complain about her money, another named Norton who doesn't want to be bothered with anything about them at all and Judge Roayce Lamberth and they sit way above those people who live in remote places with names people don't remember. There is an old woman, who has bad eyes and uses a cane to get around. She takes care of her grandchildren their mother is dead, she drank herself to death years ago. Far off in boarding school they are, two girls who are coming for Christmas on a plane from Washington. How far is it to pick them up, a long ways from her small home, going around asking for a ride to the big city to pick them up, they are coming Sunday she said, will you give me ride. A woman without anything to do said OK let's go and so they set off. The weather was poor, cold frozen air covered the mountains, snow and ice marked the way they had to go, travelling hours away until they found the place and waited till nightfall for them two girls. Let's go home, she said and so they, all four left and when they crossed the highest mountain driving near a lake, the last stretch of ice before the road cleared, they slid. When hard metal hits metal in cold weather the sound is harsh, sleeping children wake and and old women are thrown about like rag dolls. Christmas is not coming, and when some people slide in the snow they do not come home. How does someone deal with it, to know a loved one has gone on. In the shadows of night on cold pavement, the old lady found her children, and her grandparents. Those left behind have to deal with the cost of laying one to rest in the community graveyard. Oh, it seems that the old lady had a small interest in some Indian allotments from her father, and received a little money each month from her Individual Indian Money Account, IIM it is called. Life goes on and her relations have gathered, we will pitch in to pay for it. It is not a special box, just pressboard covered with cloth, maybe $400 to pay for it and then you pay $600 for the cost of embalming. Someone has a truck to carry her home one last time so that people from home can see her. We will pitch in, people said in a community with a name easily forgotten and yet they learned with a stoke of a pen, that someone in Washington has said. "No one is getting any money from IIM, turnoff the machines, no one will receive anything in the mail for Christmas not even those who wanted put away Christmas to cover the costs. They don't get much, maybe 12 dollars, some 48, others 90 maybe, but they said we don't have much but will give all we have. But no one will receive anything. Those three in Washington, one dances for joy at turning off the machines, I did they say. One looks at them and says, no one can say I didn't turn them off, no one will get paid, see I have done nothing. The last one, says, maybe this is not enough what else needs to be undone. So they argue back and forth while those far away who live day to day find the cold winter wind blowing, can you hear it, the sound of children crying and there is no one to hear them. Indians, natives they call us, we have a survived, but the wind is bitterly cold and they say that little money in IIM isn't much but it is all we have. (U.S. Federal District Court Judge Royce Lamberth in Washington D.C. acted on a motion from Mary Cobell and her lawyers to put an immediate stop on any further activity on the computer system that maintains the Individual Indian Money Account (IIM) system. Under the auspices of independent monitor appointed by the Court, a computer hacker was able to get into the IIM system, showing it lacked adequate security. The Cobells requested the system be shut down along with the monitor. The Secretary of the Interior Gale Norton ordered the immediate termination of all internet access to all computers within the Department of the Interior without regard to their function. The net result is that this IIM system is the only way all Indians across 500 plus tribes and 90 BIA agencies receive their income, the funds are not great but the majority are meager funds they receive from agricultural leases, mineral leases and other income from lands they have an interest in. This is comedy of errors that is going on between three people who have no idea the impact it is creating for those people who have no one to speak for them' they are wards of the U.S. Government and they are being made to deal with hardships these three parties have no conception of. The story related here is true.) rustywire For Rezlife egroups http://groups.yahoo.com/group/rezlife --------- "RE: Legend Site Sacrificed for Road Project" --------- Date: Fri, 14 Dec 2001 08:47:22 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="GOODBYE TO STONES" http://www.owlstar.com/dailyheadlines.htm http://www.azcentral.com/news/articles/breaking/1212drumming-ON.html Indians drum goodbye to legend site sacrificed for road project Associated Press Dec. 12, 2001 20:25:00 SPOKANE, Wash. - A drumming ceremony served as a final goodbye by the Spokane Tribe of Indians at a site in the path of a road project where their ancestors fished for generations. The ceremony Tuesday by about 10 Spokane tribal members was to say goodbye and apologize to Coyote's Rocks before parts are obliterated by the road widening project, said Brian Flett, the tribe's cultural director. "We drum to help ourselves for our loss," Flett said. "This allows the rocks to hear our song one more time before they are destroyed." Spokane County crews will begin blasting the basalt boulders to widen Upriver Drive along the Spokane River east of the city on Jan. 2, four years after the $1.8 million project originally was scheduled to start. The Spokane Indians wanted the area left untouched. As a compromise, the county agreed to destroy fewer of the boulders than originally planned and help fund tribal efforts to document the site before the project starts. "We didn't win, but we didn't lose. There's a compromise," Flett said. "I personally feel more could have been done." The project includes a $114,000 archaeological dig, paid for by the county, which also will pay for an archaeological monitor and tribal representatives to be on site during the blasting. If any artifacts are found, work in that area will stop until they can be examined, said engineer Gary Nelson, who is in charge of the project. Although the undeveloped rock formation is on the National Register of Historic Places, county engineers said they didn't realize the area was culturally important when they drew up plans for the project. Revised plans for the road look much like the original project, but with a slightly different alignment that misses some important rocks and is narrower in spots to lessen the impact. Flett said there is a personal impact from losing any portion of Coyote's Rocks. "They will be blasted and basically turned into road fill," Flett said. "These are physical reminders of legend stories that have been passed down since time began." As legend goes, the rocks were formed when Coyote bested a man-eating monster, who retaliated by lifting huge slabs of granite to block the flow of fish up the Spokane River. Land near the rocks was used as a seasonal camp and fishing site. Copyright c. 2001, azcentral.com. All rights reserved. --------- "RE: Interior Officials accused of Cover-Up" --------- Date: Wed, 12 Dec 2001 08:10:52 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BIA COVER-UP" http://www.owlstar.com/dailyheadlines.htm http://www.newsok.com/cgi-bin/show_article?ID=795744 BIA, Interior officials accused of cover-up 2001-12-11 By Chris Casteel The Oklahoman WASHINGTON -- Interior Secretary Gale Norton and Bureau of Indian Affairs Director Neal McCaleb tried to cover up their failures in sorting out the trust accounts that hold billions of dollars for American Indians, an attorney representing American Indians in a class-action lawsuit said Monday. On the first day of a trial that could last several days, Dennis Gingold told U.S. District Judge Royce C. Lamberth that Norton and McCaleb should be held in contempt -- a step the Indian plaintiffs hope will lead the judge to appoint a receiver to take over the problem-plagued trust accounts. Though the problems date back decades, "the cry that it didn't happen on our watch can't excuse actions by this administration anymore," Gingold said. Norton and McCaleb have filed three quarterly reports with false information about steps being taken to comply with previous court directives to account for all the assets in the individual trust accounts, Gingold said. Lamberth last month ordered Norton and McCaleb to face contempt charges and said that after the trial he would consider appointing a receiver. Lamberth ordered the trial after his appointed monitor found numerous problems with steps the Interior Department was taking to reconcile the accounts and with their honesty about reporting their setbacks. Lamberth later found the department also was not protecting the security of the accounts. The individual trust accounts were created in 1887, and problems reconciling them date back just as far. The estimated 500,000 accounts hold money gained by individual Indians from payments for the use of their land or other property. After years of pressing the BIA to clean up the mess, the late U.S. Rep. Mike Synar, D-Muskogee, helped push through a law in 1994 to set up a special trustee to implement a system for updating the accounts and keeping them accurate. In 1996, Eloise Cobell and several other plaintiffs filed a class- action lawsuit against the government. Lamberth ordered in 1999 that the government clean up the system and account for the money. The judge found former Interior Secretary Bruce Babbitt and former BIA Director Kevin Gover in contempt during an earlier phase of the case for misrepresenting the department's actions. Norton has proposed setting up a new bureau to manage the assets of the trusts. She tapped Tulsa attorney Ross Swimmer to lead it. Swimmer is a former BIA director and a former Cherokee Nation chief. However, tribal leaders and Cobell have criticized the move, saying Swimmer had failed to do anything when he had the chance. The plaintiffs would rather the management be taken out of the government's hands. Norton is scheduled to consult with some tribal leaders later this week about her proposed bureau and the appointment of Swimmer. She did not consult with them before announcing it. Assistant U.S. Attorney Mark Nagle told Lamberth on Monday that contempt sanctions were not warranted. McCaleb, a former Oklahoma transportation secretary, was in the courtroom Monday; Norton was not. Gingold told Lamberth that Cobell had traveled 2,500 miles from her Montana ranch to be at the trial, but that Norton "can't even come up the street in her limousine." In testimony Monday, Thomas Thompson, the principal deputy special trustee, said the database being used to reconcile individual accounts "needs a lot of work" in terms of verifying information. He said he did not think the BIA had done a good job of reporting to Lamberth its problems with clearing up data. Copyright c. 2001, Produced by NewsOK. --------- "RE: Interior Secretary Misled Court" --------- Date: Wed, 12 Dec 2001 08:10:52 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NORTON MISLED COURT" http://www.owlstar.com/dailyheadlines.htm http://www.nj.com/newsflash/washington/index.ssf Attorney claims Interior Secretary misled court about efforts to fix mismanaged Indian funds By ROBERT GEHRKE The Associated Press 12/10/01 6:55 PM WASHINGTON (AP) -- A lawyer for American Indians accused Interior Secretary Gale Norton on Monday of misleading a federal judge about efforts to fix a century of mismanaged Indian trust funds. The charge from attorney Dennis Gingold came as U.S. District Court Judge Royce Lamberth opened contempt hearings for Norton and Neal McCaleb, the Interior Department's assistant secretary for Indian affairs. Government attorney Mark Nagle said he's confident the hearings "will show these contempt charges are not warranted." Lamberth must decide if Norton and McCaleb misled the court about the security of the Indian trust fund which handles $500 million each year, concealed repeated failures of a $40 million trust fund accounting system, and deceived the court about efforts to piece together how much Indian money was lost due to government mismanagement. "They have abused this court, they have abused the integrity of the judicial process and they have abused the trust," Gingold said. "The fraud is clear. ... This has got to stop." If held in contempt, Norton would be the third Cabinet secretary in less than three years that Lamberth has hit with sanctions in the Indian money case. In 1999, Lamberth held former Interior Secretary Bruce Babbitt and Treasury Secretary Robert Rubin in contempt and fined them $600,000 for failing to turn over documents in the five-year-old lawsuit. The suit stems from a century of mismanaged mining, grazing and timber royalties from 54 million acres of Indian land held in trust by the Interior Department. Money intended for Indian beneficiaries was lost, misappropriated, stolen or never collected. The Indians' attorneys claim the government owes 300,000 Indians more than $10 billion. Norton's attorneys have compiled an extensive list of objections to a series of scathing reports by two court-appointed watchdogs which were the basis for the contempt proceeding. Norton is expected to testify during the hearing, but it's unclear when that might happen. She was not in court Monday, as McCaleb and Deputy Interior Secretary J. Steven Griles represented the department. The hearing could last several weeks. "It's so important to have this contempt trial because the government has to start telling the truth. The court and the Indians deserve the truth," said Elouise Cobell, a member of Montana's Blackfeet tribe, which initiated the lawsuit. Copyright c. 2001 Associated Press. All rights reserved. Copyright c. 2001 New Jersey Online. All Rights Reserved. --------- "RE: Interior Stalled" --------- Date: Thu, 13 Dec 2001 08:53:21 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="INTERIOR STALLED" http://www.owlstar.com/dailyheadlines.htm http://www.indiantrust.com/releases.cfm?press_id=42 FOR IMMEDIATE RELEASE December 12, 2001 Contact: Philip Smith (202-661-6350) INTERIOR STALLED ON INDIVIDUAL TRUST REFORM EFFORTS, HOPING JUDGE'S ORDER WOULD BE REJECTED ON APPEAL Activities in 14 Months After '99 Lamberth Decision "Not a Legitimate Effort" WASHINGTON, D.C. - Senior Interior and Justice Department aides believed a federal judge lacked authority to order an historical accounting for individual Indian trust accountholders and intentionally stalled on performing the task, hoping the judge's decision would be overturned by a federal appeals court, a trust official testified today. Thomas M. Thompson, who as principal deputy Special Trustee oversees trust reforms ordered by Congress and by U.S. District Judge Royce C. Lamberth, described more than a year of growing tensions between Interior and Justice officials and the Office of Special Trustee (OST) as the two sides feuded over interpretations of Lamberth's Dec. 21, 1999 order and what they should tell him about Interior's strategy. Thompson was testifying on the second day of a contempt trial for Interior Secretary Gale Norton and Assistant Secretary for Indian Affairs Neal McCaleb. Neither official was in court. Although today's testimony largely covered the year before she took office, Norton inherited the obligation to comply with the court's order to reform the Individual Indian Monies (IIM) trust, perform an historical accounting for Indian trust beneficiaries and report her progress in quarterly reports to the Lamberth. Thompson testified that shortly after the 1999 Lamberth ruling, Interior officials took a series of actions that were "not a legitimate effort" to comply with the court's order to conduct an historical accounting. "There was no office, no staff, no budget, no plan," Thompson said. Instead, he said, officials were stalling, hoping Lamberth's decision would be reversed by the U.S. Court of Appeals. Thompson also testified that Interior arbitrarily limited the collection of trust accounting records to 1994 and later, although the judge had ordered an accounting for "all funds" over the 120-year life of the trust. "They just made that up over at Interior?" said Lamberth. "They just weren't going to do it until I got affirmed [by the appeals court]." "Or until you got overturned," Thompson added. "They certainly challenged your authority." The Appeals Court upheld Lamberth's ruling unanimously on Feb. 23, 2001. Thompson testified there were sharp disagreements between Interior and Justice officials, who took a narrow view of the court order, and the Office of Special Trustee. "I'm the bad client who people didn't like to deal with because I questioned their steps," Thompson said. "We took the view that we needed to be the ombudsman for the trust beneficiaries. The Justice Department protected the interests of the United States. They didn't always coincide." Much of today's testimony centered on statistical sampling, a scheme proposed by former Interior Secretary Bruce Babbitt to take the place of the full historical accounting ordered by Lamberth. Although sampling would be less complex, difficult and costly, Thompson noted, he and others in OST believed strongly that it did not comply with Lamberth's ruling. Shortly after she took office - and only days after the appeals court's ruling upholding Lamberth - Norton appeared before the Senate Indian Affairs Committee and embraced statistical sampling, a decision she apparently has since abandoned. The contempt charges against Norton and McCaleb allege that they have failed to move forward on trust reform and the historical accounting, failed to repair severe computer security problems for trust accounting data and have submitted false reports to the court about Interior's supposed progress in complying with court orders. Thompson's testimony resumes Wednesday, Dec. 12. Copyright c. Blackfeet Reservation Development Fund, Inc. --------- "RE: A Gale Norton Christmas" --------- Date: Thu, 13 Dec 2001 08:53:21 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NORTON CHRISTMAS" http://www.owlstar.com/dailyheadlines.htm http://www.indiantrust.com/ December 13, 2001 A GALE NORTON CHRISTMAS If anyone in Indian Country needed more proof that politicians shouldn't be allowed to guide the reform effort for the Individual Indian Monies (IIM) trust any longer, the Interior Department has come up with a beauty. It has not only shut down all Internet access to its web sites. It has frozen payments to individual Indian trust beneficiaries - just in time for the holidays. At the moment, Interior is sitting on 43,000 checks that a lot of people in Indian Country were counting on at this time of year. Why? Because Interior wants to shift the blame for its own gross mismanagement of the trust onto the Cobell plaintiffs - those of us who have been fighting for five and a half years to force Interior to clean up the mess. Interior Secretary Norton also seems to want to embarrass the judge in the Cobell v. Norton case. What's going on? A recent investigative report to U.S. District Judge Royce C. Lamberth demonstrated that there is no computer security in place to protect IIM trust accounting data from hackers or other unauthorized intrusions. In fact, tests done by the Special Master, Alan Balaran, revealed that from the Internet - essentially anywhere in the world - any mediocre hacker could break into the database that holds trust information and modify, corrupt, delete or otherwise compromise that data. What's more, any such manipulation would not be detectable - the computer system leaves no audit trail. Norton and her aides have had a copy of Balaran's report since Nov. 15, but haven't done anything about it. In fact, Balaran's report points out that Interior has known since at least 1989 that computer security for the trust accounting data was a disaster. They did nothing. Alarmed that a trust that holds $500 million a year in revenues from Indian-owned lands could be penetrated by virtually anybody with a computer, anywhere in the world, Judge Lamberth ordered the trust system taken off the Internet until Interior installs necessary safeguards - "firewalls" and detection software to guard against penetration and theft. Secretary Norton has responded by taking the entire Interior Department off-line. It's hard to tell whether this wild overreaction is intended as a political tactic (Norton's contempt trial is going on in Judge Lamberth's court) or it's just the usual mismanagement and incompetence we expect from Interior. Showing where Interior's heart is, lawyers for Norton asked for an emergency hearing on Dec. 8 so they could ask the judge to allow them to start back up some vital agency functions affecting firefighting services and the U.S. Geological Survey. But they didn't say a word about Indians, or the IIM trust, or the fact that some of this nation's poorest citizens depend on their trust checks, especially now. We have now filed court papers with Judge Lamberth, proposing that BIA be allowed to bring its systems back up - with court supervision - so that it can cut the 43,000 checks and get the money into the hands of the trust beneficiaries immediately. (See Plaintiffs' Draft Proposed Order, on this web page.) We hope Norton's lawyers will agree. But as they say, Interior never misses an opportunity to miss an opportunity. We will keep everyone in Indian Country posted on the latest developments. In the meantime, we hope everyone will be aware that Norton and the BIA have powerful political reasons to try to shift the blame for this fiasco onto somebody besides themselves - even though the record of their mismanagement is beyond question. Why Interior doesn't want the IIM mess cleaned up is anyone's guess. But we know it is going to be cleaned up - once it is put under a receiver's control. Thanks to Judge Lamberth and a lot of supportive people, we know that we will see justice done. -- Elouise Cobell Sidebar Addendum: Who Is an Individual Indian Trust Beneficiary? The Cobell case is class action litigation. It is being fought on behalf of all past and present Individual Indian Monies (IIM) Trust beneficiaries, who together make up the "class." The Cobell case does not involve tribal trusts. For information about the class of beneficiaries - and to see whether you or a family member qualify - read the Court's Order Certifying Class Action and the plaintiffs' Scope of Class Memo. For historical background about the IIM Trust and its mismanagement by the secretaries of Interior and Treasury, read Judge Royce C. Lamberth's decision of Dec. 21, 1999, the Cobell plaintiffs' Original Complaint, and the U.S. Court of Appeals Decision. If you would like to receive updates about the Cobell case, please register your e-mail address in the box provided on this page, or write to: IIM Trust Correction & Recovery Project c/o Blackfeet Reservation Development Fund P.O. Box 3029 Browning, MT 59417 Due to the volume of inquiries, we are not able to return individual telephone calls. We will provide more information to members of the class at the appropriate time. Copyright c. Blackfeet Reservation Development Fund, Inc. --------- "RE: Tribes want Trust Fund FINALLY Fixed" --------- Date: Fri, 14 Dec 2001 08:47:22 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FIX TRUST" http://www.owlstar.com/dailyheadlines.htm http://www.journalstar.com/native?story_id=125&date= Tribes want trust fund finally fixed BY JODI RAVE LEE Lincoln Journal Star ALBUQUERQUE, N.M. - History and trust fund reform seem to be repeating themselves, and tribal leaders meeting here today with Interior Department officials want that to change. Representatives from 70 tribes met Wednesday to discuss concerns they would voice to Interior officials regarding a new agency created last month - without the tribes' input - to fix the decades-old trust fund problem. "In the past there's been trust reform initiatives proposed, but changes in past administrations - and hundreds of thousands of dollars spent - have put the majority of those initiatives on the back shelf," said Jonathan Windy Boy, president of the Council of Large Land-Based Tribes. "Here we go again." Interior Secretary Gale Norton is expected to lead a discussion at the Hyatt Regency today, which begins a scheduled six-city consultation tour among government and tribal officials regarding the new Bureau of Indian Trust Asset Management agency. Trust fund reform is an issue Norton has become familiar with - perhaps uncomfortably so - since taking office. She was ordered to face contempt charges Monday regarding her department's role in handling Individual Indian Money, or IIM, accounts. Five years ago, 300,000 individual landowners filed the largest class- action lawsuit ever brought by Native people against the federal government. The Interior Department's newly created agency would strip the Indian trust fund, which handles about $500 million a year, from the Bureau of Indian Affairs. So far, attorneys for the landowners say the government owes them more than $10 billion in royalties - payments for mining, timber, grazing and mineral extraction - that has been lost, stolen or misappropriated during the past century. Those awaiting today's meeting with Interior officials seemed to have more questions than answers regarding trust fund reform and the role they will play in it. "Creating a new agency won't create trust reform," said John Dossett, a National Congress of American Indians attorney. "They do this all the time, " he said, criticizing the lack of tribal input. "If you're really going to consult, you get the stakeholders involved in the process." Some people want to go into the meeting "rattling sabers," said Apesanahkwat, tribal chairman of the Menominee Nation of Wisconsin, who said he thought that was a bad idea. He hoped tribal leaders would keep level heads. "There's no question, there needs to be reform. She's (Norton) got a problem with it. We got a problem with it." On that note, Apesanahkwat said he would be the first to say: "I'm willing to work with you." Said Windy Boy, who also is a tribal councilman for the Chippewa Cree Tribe of Montana: "We have a resolution to support reform but not with the process the department is doing right now. We want to have input on how they're going to do it." Eleven members of the Council of Large Land-Based Tribes own 27 million acres of land, half of the 54 million acres managed by Interior's Bureau of Indian Affairs. Most tribal leaders just want equal treatment. Said Earl Floyd "Butch" LaBonte, a council member of the confederated Tribes of the Grande Ronde Community in Oregon: "We still support the BIA, if they be fair with the tribes." Reach Jodi Rave Lee at 473-7240 or jrave@journalstar.com. Copyright c. 2001, Lincoln Journal Star. All rights reserved. --------- "RE: Norton Rejects Tribes' Unanimous Voice" --------- Date: Fri, 14 Dec 2001 08:47:22 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NORTON INSULTS TRIBES" http://www.pechanga.net/documents/interior.htm Interior's Norton insults tribes by rejecting their unanimous voice Offering insults rather than consultation, tribal leaders say Norton is clueless about Indian country By Brenda Norrell Pechanga Net ALBUQUERQUE - American Indian tribes unanimously rejected a proposed BIA reorganization crafted behind their backs, and were insulted when Interior Secretary Gale Norton said she would proceed with her plan anyway. "Absolutely unbelievable!" Hoopa Valley Chairman Clifford Lyle Marshall said in the audience when Norton announced she would not withdraw her proposal. Why are we here?" asked Marshall. "We are simply asking to be consulted, not insulted," Navajo President Kelsey Begaye told Norton and BIA Director Neal McCaleb during daylong testimony at the Hyatt Regency downtown. Indian leaders from every corner of America rejected the Interior's proposed BIA reorganization, from the villages of Alaska to the Great Plains, from the mountains of Washington state to the Sonoran Desert and streets of California, every tribal leader and every American Indian organization rejected it. Norton said she would proceed anyway. "Secretary Norton is in a big hurry to get herself out of trouble," Ernie Stensgar, chairman of the Couer D'Alene Tribe in Idaho, said of the ongoing federal lawsuit of missing billions in trust fund dollars. "Stop!" he said of the costly reorganization plan. " Pull back the $300 million!" Dee Pigsley, chairwoman of the Confederated Tribes of Siletz in Oregon, summed up Norton's approach. In her address, Pigsley said the meeting was served up this way: "Do you like it? Well, it might be too bad." Soft-spoken Rita Martinez, Tohono O'odham from the border of Mexico and Arizona, asked Norton why she could not withdraw the proposed reorganization, which would create the Bureau of Indian Trust Assets Management. "Why not?" Martinez asked Norton. Norton responded, "I made a good faith presentation to the court that we are committed to reforming the trust fund. "I am going to stick by that." Susan Williams, attorney for Hualapai and other tribes, told Norton and McCaleb they are proceeding in violation of federal law. "Federal law requires you to withdraw your proposal until you have consulted with the tribes." The Navajo Nation presented the Interior with a Freedom of Information request to obtain all documents involving the proposed reorganization and requested that consultation be halted until tribes are given the documents. However, the consultation was not halted. Tohono O'odham Chairman Edward Manuel said the consultation violated the true spirit of consultation and federal regulations and guidelines. Jauna Majel, Pauma from Calif., said any mention of the meeting in the Federal Register classifying it as consultation must be removed. "We can not have consultation without documents before us." Reminding the Interior of the sovereignty and history of Indian Nations, she said, "We have lived long lives of the theft of our lands." Brian Cladoosby, chairman of the Swinomish Indian Tribal Community in Washington state, found the Interior's approach unbelievable. "You come here today with a proposal I can't see or read." Cladoosby said the picture hasn't changed much in the past 140 years. After tribal leaders said they have no documents concerning a BIA reorganization, Norton said, "We wanted to get you involved before we had all the details laid out." Norton's comment dumbfounded most tribal leaders, attorneys and media in the packed ballroom at the Hyatt. Oglala Sioux Chairman John Yellow Bird-Steele said the proposed reorganization without consultation smacks of the abrogation of treaty rights. Yellow Bird-Steele, from Pine Ridge in South Dakota, issued a warning to tribal leaders. "We have heard the likes of this before when smallpox blankets were pased out. "The weather was very cold." Adamant that reasoning with the Interior was futile, he said, "Let's get unanimous in our opposition instead of trying to reason with them." Indian leaders reminded Norton of the realms of trust and the sacred responsibilities to the land and people. "We stand here today and talk about trust and reforming trust, but we have not talked about what trust is," said Mike Jandreau, chairman of the Lower Brule Sioux Tribe in South Dakota. "A trust is not just money." Dollars and resources are nothing without the cultural idealism necessary for American Indian survival, he said. Shoshone Chairman Ivan Posey from Wyoming said, "We do not own the land, the land owns us. We are Caretakers of the land." When Walla Walla and other tribal leaders attempted to impress on the Interior the sacred nature of American Indian decision making, they were rudely interrupted with, "Your five minutes are up." "I've given you our best shot," Norton said. Teresa Montgomery, vice chairman of the Fallon Paiute Shoshone in Nevada, told Norton and McCaleb the process was an insult. "It is an insult to my tribe and the tribal leaders present." Hualapai Vice Chairwoman Carrie Imus said Norton had also insulted her people. "Your proposed actions threaten our people, our tall pines, our lands in the canyon, and our precious Colorado River." Tex Hall, president of the National Congress of American Indians, told the Interior, "We are greatly concerned that this plan is repeating the failures of past trust reform efforts." Hall said it offers only a "short term cosmetic change," to the Interior's long-term history of squandering tribal resources and dollars. "Creating a new agency does not create trust reform." As for the Interior's method, Hall said, "Announce and defend is not consultation." Jonathan Windy Boy, Chippewa Cree chairman of the Council of Large Land Based Tribes, faced Norton directly rather than the audience. Pointing out that his coalition represents 66 percent of the landmass of Indian country, he said the tribes are unanimous in rejecting the proposal and demanding an affirmation of tribal sovereignty and self-determination. "This proposal has odors of termination," said Ron Allen, chairman of the Jamestown S'Klallam in Washington state, questioning if the Interior still has an interest in the empowerment of Indian tribes. "This idea is a bad idea," he said of the proposed reorganization. Olney Patt, Sr., chairman of the Confederated Tribes of Warm Springs, Ore., said of the reorganization, "This is simply a shifting of boxes." Hoopa Valley Chairman Marshall came right to the point about the proposed appointment of Ross Swimmer, seated with the Interior, who would serve as a new assistant secretary on trust fund operations. "Mr. Swimmer is not the person for this restructuring," Marshall said. "This proposal must be withdrawn. I will not step in front of a moving train. "This proposal has absolutely no support from Indian country. Would it be possible for you to acknowledge this today and withdraw this proposal before you leave?" Marshall asked. "This is not consultation, this is a scoping meeting," said San Juan Pueblo Vice President Joe Garcia, joined by other New Mexico Pueblo leaders rejecting the proposal. Many tribal leaders questioned just how familiar Norton is with Indian country. In conclusion, Norton said, "I would like to hear alternatives, we haven't heard a lot of these today." Norton said a task force to consider the reorganization, recommended by Hall, may be a possibility. As a clincher, Norton said she strongly supports the self-determination option tribes have of withdrawing their trust funds from the Interior. At the end of the day, Norton was resolute in her decision not to rescind the BIA reorganization presented to federal court in the case of missing billions in trust fund dollars where she is facing contempt of court charges. But Norton admitted she had not known what she was up against. "I understand it is going to be a much more difficult process than I thought it might be, but I do want to work with you." While Indian leaders nationwide were rejecting the reorganization, Senators Tim Johnson and Tom Daschle urged the Senate Select Committee in Washington not to approve the Interior's request for reallocation of hundreds of million of dollars for the creation of the new Bureau of Indian Trust Assets Management. With the Interior's website and e-mail shut down, following a federal judge's orders to halt the possible theft of trust fund dollars, BIA and tribes across the nation found many services halted. While some leaders called the Interior's meeting a "dog and pony show," others found it hard to believe that Norton would take no action based on the unanimous voice of Indian leaders and withdraw the BIA reorganization plan. Hoopa Chairman Marshall asked, "If she didn't want to hear us, why did she ask for our input?" Copyright c. Victor Rocha Communications, LLC. --------- "RE: Santee may have Lost the War" --------- Date: Thu, 13 Dec 2001 08:53:21 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SANTEE" http://www.owlstar.com/dailyheadlines.htm http://www.pressanddakotan.com/stories/121201/opE_1212010007.shtml Wednesday, December 12, 2001 Santee Sioux Win The Battle But May Have Lost The War The Santee Sioux tribe won a huge legal victory last Friday when a federal judge ruled that the tribe can keep its small casino located on Highway 12 open for business. But we are forced to wonder if, despite winning this battle, the tribe has lost the war in the process. The Ohiya Casino opened in Santee, Neb., located about 40 miles west of Yankton, amid hope and controversy back in 1996. Tribal officials hoped the gaming operation would provide a desperately needed economic boost for the reservation, which faces high unemployment and rampant poverty. The controversy sprang from Nebraska law which prohibits casino gambling in the state. However, federal law allows tribes to negotiate agreements with states to operate casinos. This has never been accomplished. The state and the tribe have fought one another in the courts for years. A $3,000-a-day fine was imposed on the tribe in February 1999; it was raised to $6,000 a day four months later. The fines now total more than $4 million. The tribe has worked hard to keep the casino open. It moved the operation from the village of Santee, located several miles up a spur off U.S. Highway 12, to a larger, more accessible building located right along the highway. More significantly, the tribe has also removed the 70 or so video slot machines it had and replaced them with tab-dispensing machines. In his decision last week, U.S. District Judge Joseph Bataillon ruled the new machines are no different from "pickle" machines which operate legally throughout Nebraska. At press time, the state has yet to decide whether it will appeal the ruling. But considerable damage has already been done to the tribe. While the new machines apparently do bring the operation within the realm of legal satisfaction, they also do not offer the kind of benefits for the tribe that were harvested from the video slots. Since the introduction of the tab machines back in May, Ohiya's revenue has dropped 78 percent. And there is also the matter of the huge fines confronting the financially- strapped tribe. Tribal lawyers are hoping to convince the government to give up on collecting the fines. Nevertheless, those hard financial numbers are discouraging, especially when considering that the casino currently creates 15 jobs that help support more than 100 children and grandchildren, according to tribal vice chairperson Thelma Thomas. The revenues also help fund social services for the reservation. We hope the tribe's legal problems are behind it and that it can move on. Tribal officials say they want to double the size of the operation and add a bingo parlor to the gaming menu. Economic development is a rare thing for the isolated Santee Sioux reservation. The modest Ohiya Casino is a small step in the right direction. We hope for the sake of the tribe that it has not been crippled by this protracted court case. If the fines can be reduced significantly or erased, that would help a lot. Otherwise, the Santee Sioux may be paying for this victory -- and not building its fiscal future -- for years to come. Copyright c. Yankton Daily Press & Dakotan. --------- "RE: Choctaw Lake being Stocked" --------- Date: Thu, 13 Dec 2001 08:53:21 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CHOCTAW LAKE" http://www.pechanga.net/ http://www.neshobademocrat.com/NeshobaDemocrat/ Choctaw lake being stocked By MITCH LUCAS Democrat reporter A new $170 million Choctaw Indian development has its first guests: 90,000 baby bluegill, dumped into the 285-acre lake that is being filled. Tribal officils held a media day of sorts on Thursday, dumping truckloads of fish into Lake Pushmataha, named after the former Choctaw leader, under construction off Mississippi 16 west. The 1,000-acre development will eventually include three hotels, a water park and a golf course. One of the hotels will be situated near the corner of Mississippi 16 and Black Jack Road west of the Silver Star Casino on the north side of the highway. The stocking of the lake with fish means the lake is right on schedule, said Kirk Morgan, the Tribe's Agriculture and Rural Development director. "A lot of people would say, `They're stocking the lake. So what?'" Morgan said. "But this is just the beginning. It is really exciting to see what's going on out here." Private John Allen National Fish Hatchery in Tupelo, a part of the U.S. Fish and Wildlife Service, was in charge. Several Tribal Council members were on hand, including Bogue Chitto representative Gerald Stoliby. "Tourism here is really taking off," said Stoliby, "and our research has come up with what, we believe, is a good way of offering even more entertainment to bring folks here. Naturally, we're excited about all of this." The bluegill, more commonly called bream, is popular among fishermen and is just the first phase in stocking the lake. Bluegill commonly reach a length of 9 1/2 inches and a weight of 12 ounces to a pound. About 15,000 channel catfish will be added in January, 15,000 largemouth bass in June and 60,000 red ear sunfish next fall. "This stocking ratio - 500 bream per acre, plus 50 catfish and 50 bass per acre - is similar to what the service's national fish hatcheries use to stock native fish species in Tribal lakes and national wildlife refuges in the Southeast," said Ricky Campbell, manager of the fish hatchery. Campbell said more bream than bass and catfish are stocked because bream are the main food base for the bass and are needed to maintain proper balance. Before stocking the lake, the new lake bed had to be cleared, but some wood structure was left to allow the bream to create spawning beds. The entrance to the resort will be about 3/4 of a mile from the Silver Star and Golden Moon sites at the Black Jack Road turn off Mississippi 16. A newly completed earthen dam is located at the north end of the lake. The dam is 2,100 feet long, and 520 feet wide at its base. The lake will be about 40 feet deep, officials said. Lake Pushmataha, in its finished form, will be a 285-acre lake with 11.5 miles of shoreline. Tribal leaders are constructing the lake to provide non-gaming entertainment for tourists. The first phase of the lake, including a $10 million water park to open in the upcoming summer, will cost about $170 million. The projected cost of the development is $750 million. The first phase of construction will also include: * A $9 million, 9.5 acre recreational lagoon. The lagoon will feature islands, several waterfalls, and multiple, lighted hard-surface walks around its edge. * A $30 million fitness-wellness center. The center will be located on the northeast corner of the lagoon, and will have four indoor basketball courts, a four-story rock-climbing wall, two racquetball courts, aerobic classrooms, a 16-lane bowling alley and 8,000 square-foot arcade, among other features. * The water park. The park, which will sit next to the lagoon and adjacent to the fitness-wellness center. The park will feature multiple types of swimming pools, a large slide complex, and there are plans to construct a "Master Blaster," a large, roller-coaster-like water ride, that will be added in a future phase. Marketing experts hired by the Tribe project the park will have about 240,000 visitors annually. * A 200-room hotel and connected 24,000-square-foot expo hall, located on the south edge of the lagoon, featuring waterfront rooms, meeting rooms, restaurant dining and the expo hall, which will boast a 20,000 square-foot main hall and 4,000 square-foot ballroom. * An outdoor plaza. This, according to Tribal plans, will be the focal point of the first phase of development. Many of the facilities have frontage on this plaza, which will overlook the lagoon. * An outdoor dance pavilion, sitting on a pier built out in the lagoon. * An arts and crafts pavilion. This will be built on the southeast corner of the lagoon, near the future site of a Choctaw cultural center. * Championship stickball arena, to be built south of the lagoon. * Memorial island, to honor Choctaw veterans. The island will be built along the western edge of the lagoon, and feature landscaped trails with monuments, telling the story of Choctaw veterans who fought in various battles. * A labyrinth, on the lagoon's north shore. The labyrinth, or maze, will be several acres in size (an exact acreage has not been stated).Future phases of the resort include a Choctaw cultural center and a golf course similar to the Dancing Rabbit Golf Club, which would offer good quality golf at a cheaper rate. Copyright c. 2000 The Neshoba Democrat All Rights Reserved. --------- "RE: NA Preparatory School to sell Rowe Campus" --------- Date: Thu, 13 Dec 2001 08:53:21 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ROWE CAMPUS" http://www.owlstar.com/dailyheadlines.htm http://www.sfnewmexican.com/site/news.cfm Native American Preparatory School to sell Rowe campus By ERIKA DAVILA/The New Mexican December 12, 2001 The board of the Native American Preparatory School announced Tuesday that financial constraints will force it to sell its existing Rowe campus and find a temporary location for the next school year. The decision to move the school was made by trustees over the weekend, largely because the school does not have the money to make the campus repairs needed at this time, said John Berl, board treasurer. "If you don't keep things up as well as you'd like, they deteriorate, and we are facing the necessity at this point of doing some major work," Berl said. The needs include new roofs, electrical wiring to hook up technology and a gymnasium, which the school has never had, Berl said. The school has an annual operating budget of about $2 million, and the cost to revamp the 1,500-acre existing campus could run as much as $800, 000, said Lee Cook, president of the school. Berl said the board is looking at leasing a temporary site for the 2002/2003 school year, possibly with the idea of sharing space with an existing school. He said the board was exploring the possibility of two locations in the area but would not say where those might be. The school would like to find a permanent location the following year, he said. The school has had deficits of up to $1 million each year for the last three years and has had to cut into its endowment to make up for the shortage, Berl said. Moving to a new location would save the school money, he added. Berl also mentioned the sale of the existing campus could bring in a significant amount for the school. But the reasons for moving are not all financial, officials said. Berl said the present site is too isolated, and the board would like the school to be in a more dynamic location. "It doesn't have access to museums and other things that can be part of students learning," Berl said of the campus. The school recently made headlines after three administrators were fired as part of what Cook called an "organizational reassessment." At the time, Cook said, the terminations were, in part, to allow the school to have team members who could work well together. Tuesday, Cook reiterated the move would be part of the school's transition and would be done for the "well-being" of students. "This location is not amenable to the kind of growth and the kind of academic environment we'd like to be in," Cook said. "(We need) an environment that increases (the students') social skills and community interaction." Cook, who was hired in August, has also said in the past the school isn't drawing enough students from tribes across the nation. Tuesday, he said he was not opposed to looking for a permanent site for the school elsewhere in the country. The school currently has 80 students from 30 tribes nationwide. The school started in 1988 as a private summer program for Native American students across the country. In 1995, it became a full-time, four-year resident college-preparatory school. The board has talked with real-estate agents about selling the existing property, but has not yet chosen anyone, Berl said. Copyright c. 1995-2001 PowerAdz.com LLC/Santa Fe New Mexican. --------- "RE: Students call for Firing of Principal" --------- Date: Wed, 12 Dec 2001 08:10:52 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="RACIST COMMENT" http://www.owlstar.com/dailyheadlines.htm http://www.thenavajotimes.com/Tribal_News/tribal_news.html# `Navajo gypsies' Native American students call for firing of principal for `racist' comment By Nathan J. Tohtsoni The Navajo Times CORTEZ, Colo. (Dec. 6, 2001) - In the motion picture Snatch starring Brad Pitt, a character asks another, "What do you know about gypsies?" The response is, "I know they're not to be trusted." That's the negative feeling 18-year-old Marvina Pete has been experiencing at Montezuma-Cortez High School since she said her principal, Mark Rappe, uttered the phrase, "Navajo gypsies." The alleged comment was made during an Oct. 2 faculty meeting when the issue of the high school's high mobility rate (36 percent) was being discussed. The rate has affected the school's Colorado Student Assessment Program (C-SAP) scores. This is the first year that the state of Colorado mandated high schools to take the C-SAP exam. MCHS scored "low" because many of its Native American students failed to complete the nine-hour exam because they either transferred to schools on nearby reservations or skipped it all together. Pete acknowledges that many Navajo and Ute Mountain Ute students attend MCHS for a quarter or a semester before transferring to other communities, but she said that doesn't give anyone the right to make that sort of comment. Many of those students commute from the reservation daily, she said. Pete, a senior, considers Cortez her home. She wants Rappe to be disciplined. Pete was born in Farmington and attended one year of elementary school in Newcomb, N.M. She has always been proud to say she's from Cortez, at least until recently. She said if Rappe is not fired, most of the 79 Navajo students could be gone by semester's end. "The students I've talked to all agree, if nothing is done, we're transferring out," Pete said. "We feel if this isn't done, we don't feel important - that they don't see us as being a part of the community or as equals." Region-1 Superintendent Bill Thompson said the situation is being addressed and would not comment beyond that. Missing the point Rappe, in his third year as principal, apologized over the school's television monitors a few days after making the comment, students say. That has been his only public acknowledgement. He's avoided all news media inquiries. He did not return a message left by the Navajo Times. Pete didn't accept Rappe's apology and since then, she has appeared before two school board meetings and conducted two community meetings. "To me, it was more of an explanation of why he used it, it wasn't an apology," Pete said. "He said it was taken out of context. A true apology would be a straight out, 'I'm wrong and I'm sorry,' not an explanation and then, 'I'm sorry.'" In the school's November newspaper, The Panther Press, fellow student Kyle Wilson, an Anglo, wrote a column, "Forgive but don't forget." The column listed other forms of slurs that are used with regularity like Blonde jokes, "band fag," "fat" and "stupid jocks." Pete feels that Wilson is missing the point. "It's easy for him to say that because nothing was said to him," she said. "Yeah, we use those words everyday, but you don't hear 'Navajo gypsies' everyday. It's something that takes some thinking. "That sort of hatred has to come from somewhere," she said. "He didn't feel the pain I went through. We want (Rappe) fired for the pain I've seen my peers, friends and family have experienced. It can't be justified by a month without pay." At the Nov. 13 board meeting, Pete was invited into an executive session with the school board to discuss a solution. She won't discuss what occurred, but said Rappe's termination is a concern among her schoolmates. "I'm not a hateful person," she said, "but we want him out because of how he handled the situation." Sister's Cornellia and Tashina Vigil have also said that they would transfer out of MCHS if Rappe remains at the helms. "Basically it's wrong what he said and stuff," Tashina, a sophomore, said. "You know if a Native American said it, the whole school would be all going crazy saying we're racist. If we said something really mean about the White people, we'd be accused and kicked out of the school." Inappropriate role model What concerns Cornellia, a senior, is that Rappe felt "safe" in saying the comment to an all-Anglo faculty. It's only the fact that the comment became public knowledge that appears to bother him, she said. "He had no problems in saying it," Cornellia said. "It was wrong for him to say it. He's our role model." Both girls indicated that they would live with an aunt in Shiprock and transfer there. Junior Marcus Thomas, 17, said in addition to Rappe being fired, the reason why should be put on his permanent record. "It wasn't an appropriate thing for the leader of our school to say. It's kind of frustrating how the other kids see you now, what they're image of you is now," he said. Cortez Mayor Joe Keck agreed that the comment was inappropriate for a role model to be making. He said the town has been working on improving its image with Native Americans and this type of behavior doesn't help. "We live in a diverse world and we should respect every culture, all races," Keck said. The comment comes at a time when the community is dealing with the killing of a 16-year-old Navajo boy. Fred Martinez Jr., a freshman at MCHS, was allegedly bludgeoned to death by a 17-year-old Anglo male in June. Family members speculate the crime was fueled by hate because Martinez was openly gay. Keck said neither the person charged in the murder or the Navajo gypsies' comment are a reflection of the community. "I don't think it's characteristic of the attitude of the people in town. Our diversity is really our strength, not our weakness," he said. Sending the wrong message Thompson said the school district is reviewing the situation. He believes that Rappe may regret making the statement. He would not comment beyond that other than to say, "it's a personnel matter and that's the way it's going to be handled." Region-1 has 3,200 students in its 13 schools with 23 percent being Native American. MCHS has nearly 800 students with 148 Native American. Thompson said a diversity task force and an Indian club at the high school have been created in response to the students' request. A half-day of cultural activities is currently being discussed, he said. Katie Yazzie, a concerned parent, traveled to Window Rock to bring the issue to the attention of President Kelsey Begaye. The tribal officials she met with gave her a deadline to present all relevant information. Pete missed an afternoon of classes to meet that deadline. She also missed being on the varsity girl's basketball team because she missed tryouts to make a presentation to the school board on Oct. 13. After three years of playing varsity, she is not playing her final year. A Dec. 18 school board meeting is scheduled during which Thompson will share the findings of the review to the board. Pete said although the Indian club and cultural day are steps in the right direction, she's unsure if anything would be learned if Rappe is not terminated. "If they choose not to do nothing," she said, "they're sending out the message that anything racial can be said. They're sending out the message that racism is OK." Copyright c. 1999-2001 Navajo Times/Navajo Nation. ALL RIGHTS RESERVED. --------- "RE: Voyage to Rescue a Tribe's History" --------- Date: Wed, 12 Dec 2001 08:10:52 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SAMISH" http://www.owlstar.com/dailyheadlines.htm http://seattlep-i.nwsource.com/local/50121_samish11.shtml Voyage to rescue a tribe's history Tuesday, December 11, 2001 By PAUL SHUKOVSKY SEATTLE POST-INTELLIGENCER REPORTER ORCAS ISLAND -- The boat slides quietly through Thatcher Pass and past Decatur Island, where red-barked madrone trees cling to the rocky bluffs. This, Lena Daniels recalls, was the Samish highway. It was the watery road that Daniels traveled eight decades ago in a dugout canoe, long before the U.S. government decided her people had ceased to exist as a tribe; long before a federal judge suffering from Alzheimer's disease stripped them of treaty fishing rights. Still sure-footed at 92, Daniels climbs aboard the Paraclete to cruise through the San Juan Islands and back to her childhood. She is there to help her tribe, the Samish Nation, recover something precious taken from them long ago. Until now, the old Indian woman never thought the stories of her youth mattered to anyone but the members of her tribe. But now, such stories could determine the future of the San Juan Islands. This week, the Samish plan to file a lawsuit in federal court to regain their fishing rights. If the tribe prevails, it could use its newfound power to protect the fishery by restricting development in the San Juan archipelago, one of the premier vacation spots in the Northwest. A few months ago, in preparation of the suit, Daniels joined other Samish elders and leaders on this voyage to turn living history into legal testimony. Because she speaks only Samish and the Indian dialect of her home on the Malahat Reserve north of Victoria, B.C., Daniels' son, Randy, translated as she told her stories. The Paraclete motors past Lopez and Shaw to a beach on the northern tip of Orcas Island, the spot where Daniels' grandfather, Boston Tom, made his home. Suddenly, the old lady's face is filled with life. She is like a girl again -- the girl who would paddle with her family to Boston Tom's beach to spend the golden summer days catching salmon. It's been more than 70 years since Daniels and her elders were barred from that beach. The engine on the Paraclete is quiet now, and no one speaks, except the old lady in a tongue that is all but lost. As the Samish prepare for their lawsuit, Daniels is one of several elders whose accounts may become legal testimony of a past still alive among the Samish people. Daniels' gnarled hand points to the spot where her family set their reef nets. The lawyer writes a note. Her old eyes glow as she gazes upon her home place. She dabs the corner of her eye with a handkerchief. Took land for payment Daniels used to live in a house on this beach. But one fall, white islanders found that Boston Tom had died while his family was away. They buried his body in the village of Orcas. When the family returned, the islanders demanded Boston Tom's beach as payment for the burial. The family has not lived there since. Ken Hansen, the tribal chairman, watches as the old lady dabs her tears. "When," he asks, "does someone stand up and say the United States made a mistake?" Daniels was 65 years old in 1974, when U.S. District Judge George Boldt issued his landmark ruling. He said that Puget Sound tribes whose great-great-great-grandfathers had signed treaties with the United States were entitled to half the salmon catch. Then, Boldt had to decide which modern tribes were entitled to those treaty rights. He was supposed to make that decision in 1976, but became ill. Three years later, on Boldt's last day as a judge, he signed an order that stripped the Samish and four other tribes of their treaty rights. Although the Samish had signed a treaty 125 years earlier, Boldt found that they no longer existed as a tribe. What no one knew at the time was that a year earlier, Alzheimer's disease had begun eating away at the judge's ability to reason. The tribe went through 16 years of legal limbo, all the while fighting to restore its federal recognition. Then, in 1995, a federal judge in Seattle overturned Boldt's earlier ruling and decided that the Samish deserved to be recognized as a tribe. The judge called the tribe's quest for recognition "a protracted and tortured history ... made more difficult by excessive delays and governmental misconduct" by the Bureau of Indian Affairs and lawyers from the Interior Department. But even after the tribe regained recognition, they remained stripped of treaty rights as a result of Boldt's 1979 ruling. In their lawsuit, the Samish are asking that Boldt's last-minute ruling, made as he was going home to die, be re-examined. Sister-tribe opposition To reopen Boldt's 22-year-old ruling, the court must find an injustice or judicial error that harmed the tribe, explained Craig Dorsay, the lawyer representing the Samish. Complicating the case is the great reticence of judges to overturn long- standing decisions that have been upheld on appeal. A further concern in this case is deference to a deceased judge of great stature. Dorsay said Justice Department lawyers have told him they will not oppose the tribe's efforts to obtain treaty rights as long as the issue of Boldt's Alzheimer's disease is not raised. Dorsay has no plans to raise the issue. Even if he did, it would not likely affect the landmark 1974 decision upholding treaty rights because Boldt's Alzheimer's disease did not begin until 1978, according to the judge's death certificate. It's also likely that the Samish will face opposition from sister tribes that don't want to split the already depleted salmon harvest even further. Treaty rights also would greatly increase the Samish tribe's legal standing to influence land use and environmental policies in the San Juans and surrounding waters. The Samish, who have been sustained in their years of legal limbo by a fierce determination to assert their rights as a sovereign people, have resolved to preserve the fishery and the unique character of the San Juans that has made it a tourism magnet. "Today, as I travel through my beloved islands, I have fear for the pressures that threaten the sanctity of our homeland," said tribal chairman Hansen. "I'm afraid of the 30 million gallons of raw sewage a day that are pumped from the Victoria sewage system into the straits. I am concerned for the natural resources with single-hulled oil tankers passing by. I'm worried by the pressures of housing development along the shoreline. "There's not enough herring to feed the salmon, there's not enough salmon to feed the killer whales and the killer whales are dying because of the toxins in the food chain. If the killer whales go, humankind is not far behind." If Hansen has anything to say about it, the Samish highway that Daniels paddled so many years ago will be preserved for generations to come. P-I reporter Paul Shukovsky can be reached at 206-448-8072 or paulshukovsky@seattlepi.com Copyright c. 1999-2001 Seattle Post-Intelligencer. --------- "RE: Natives Peacefully leave two Protest Camps" --------- Date: Wed, 12 Dec 2001 08:10:52 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SUN PEAKS" http://www.owlstar.com/dailyheadlines.htm http://www.canoe.ca/WesternTicker/CANOE-wire.Sun-Peaks.html December 10, 2001 Natives peacefully leave two protest camps at Sun Peaks Resort KAMLOOPS, B.C. (CP) -- Protesters peacefully abandoned both protest camps Monday when RCMP served a B.C. Supreme Court injunction ordering the removal of the two camps at Sun Peaks Resort. Officers then dismantled the camps, one at the base of a ski run and the other at McGillvary Lake. The enforcement order was granted last Wednesday but the judge delayed implementation until Monday to allow protesters a chance to voluntarily remove themselves and their belongings. After the ruling, some aboriginals in the court shouted: "We're not leaving our land." Members of the Neskonlith Indian band said Monday they will continue their fight and will build new protest camps. Justice Alison Beames said last week the injunction would not affect protesters much because they are still free to protest and set up winter camps elsewhere. Protesters maintain that the land Sun Peaks occupies has been part of their traditional territory for thousands of years and they object to the resort's planned $70 million expansion. During the hearing, the court was told a native camp near a newly created ski run is a hazard to skiers. The camp also is in Sun Peaks Resort's controlled recreation area. The designation gives resort officials exclusive control of the area through the ski season. Copyright c. 2001, Canoe Limited Partnership. All rights reserved. --------- "RE: Tribal/State Judges make History" --------- Date: Thu, 13 Dec 2001 08:53:21 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="COURT AGREEMENT" http://www.owlstar.com/dailyheadlines.htm http://www.ashlandwi.com/placed/index.php Tribal, state judges make history Sign protocols on determining jurisdiction Steve Tomasko The Daily Press Monday, December 10th, 2001 09:59:58 AM ODANAH -- Tribal and state judges made judicial history Friday with the signing of a set of protocols to determine jurisdiction between state and tribal courts. The protocols have been in the works for about a year. The agreement outlines procedures for deciding which court, tribal or state, will take jurisdiction in cases where either could prevail -- an issue that's often been contentious in the past. "For as long as I can remember, the state and tribes have had a running battle over who has jurisdiction on the reservations," said Bad River Band of the Lake Superior Tribe of Chippewa Chief Judge Ervin Soulier. The agreement, he added, will not end the battles, "but is a step in the right direction." Chief Judge Edward Brunner of Wisconsin's 10th Judicial District said it's the first such agreement he knows of in the nation. "I'm excited that the 10th District, and the tribes within it, are leading the way in furthering tribal/state court relations in Wisconsin as well as the United States," he said. "This is the beginning of a new era of cooperation." At a signing ceremony Friday, complete with Native American honor songs and a tobacco ceremony, Brunner and representatives from four northern Wisconsin Chippewa Tribes made the agreement official. Also signing the protocols were Chief Judges Louis Bearheart, Robert Buffalo and Sheila Corbine respectively from the St. Croix, Red Cliff and Lac Courte Oreilles Bands of Chippewa Indians along with Soulier from Bad River. The need for the agreement, Soulier said, is that many Wisconsin tribal courts are expanding services to their members. Sometimes litigants find themselves in a position where they would prefer the matter be heard in tribal court or state court, yet at the same time the opposing party in the case would prefer the opposite court. "When both the state and tribal courts have jurisdiction over the matter, the question arises, which court should hear the case? The protocols should lead all parties to a rational solution to this judicial dilemma," Soulier said. Specifically, the protocols are written so that if a tribal and state court judge are presented with actions concerning the same issue in both courts simultaneously or are notified that such a situation will soon occur, each judge will stay the case in their own court, contact their counterpart judge. Both judges will then entertain arguments from the parties to determine which court is more appropriate to hear the case. After arguments, the tribal and state court judges retire to deliberate and decide in which court the case will be heard. If they can not reach agreement on the matter, a third judge from a pool of state and tribal judges will be brought in. All three judges then hear the arguments again and attempt to decide the matter. Brunner said the concept for the agreement came out of the "Teague vs. Bad River" decision of the Wisconsin State Supreme Court. The justices basically said they would not decide on jurisdiction over technical matters, but the district courts should figure out by themselves how to handle these situations. The protocols were drafted by Ashland Circuit Judge Robert Eaton, Ashland Attorney David Seigler and Bad River Tribe General Counsel Kevin Osterbauer. After review and revision, the four tribes adopted the protocols. "Finally it's time that the state realized that there's more than one way to do something and they're recognizing the sovereignty of tribal courts," Brunner said. Copyright c. 2001 Murphy McGinnis Interactive/Ashland Daily Press. --------- "RE: Stores lose Legal Battle on Cigarette Tax" --------- Date: Sun, 16 Dec 2001 20:19:25 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CIGARETTE TAX" http://www.pechanga.net/ http://www.buffalonews.com/editorial/20011215/1013752.asp Stores lose legal battle on cigarette tax By AGNES PALAZZETTI News Staff Reporter 12/15/2001 The convenience store industry has lost its long-running battle to force New York State to collect taxes on sales of tobacco and fuel products on Indian reservations, as the U.S. Supreme Court has refused to hear its legal challenge. "The door to any further legal challenges has been closed to us," said James Calvin, president of the New York Association of Convenience Stores, "but we are not giving up. "We intend to continue our campaign to have the state enforce its own law that mandates Indians collect sales excise taxes on reservation sales to non-Indians." Joseph F. Crangle, who has represented business people from the Seneca, Tonawanda Seneca and Mohawk tribes in the tax battle for the past five years, called the high court's decision earlier this week "a victory for the Indians." "The Supreme Court has agreed with New York State's highest court's finding that Indian sovereignty is unique and must be treated differently than any other political subdivision," Crangle said. Calvin also criticized Gov. George E. Pataki's latest proposal for another tax increase of 39 cents on a pack of cigarettes. The state already has the highest cigarette tax in the nation. With the proposed increase, the state tax would go to $1.50 from the current $1.11 per pack. That means smokers would pay $15 in state taxes for a carton of cigarettes. If approved, it would give the Indians the opportunity to sell cigarettes $15 a carton cheaper than the convenience stores. The Indians collect and pay federal taxes on cigarettes and gasoline. Calvin said the increase "would accelerate the tax-evasion stampede that has already left law-abiding mom-and-pop stores struggling to survive." The tax battle, which began more than six years ago, involved two violent confrontations between the state and the Seneca Nation of Indians. Three years ago, Pataki promised the Indians that the state would end its efforts to collect excise taxes on reservation sales to non-Indians. "The state claimed in court that they had tried everything to solve this problem, but because the Native American tribes were unwilling to collect taxes, because they are immune from legal action and because of the risk of violent confrontation, it was impossible, so the state gave up," Calvin said. The convenience stores' legal position was that the state Department of Taxation and Finance's policy allowing the Indian retailers to sell tobacco and fuel products without collecting sales and excises taxes was "unfair, unconstitutional and un-American." e-mail: apalazzetti@buffnews.com Copyright c. 1999 - 2001 The Buffalo News. --------- "RE: La Causa" --------- Date: Sat, 15 Dec 2001 08:06:29 -0600 From: "Rodolfo Munoz" Subj: La Causa >To: Rodolfo Rivera Munoz, Attorney at Law P.O. Box 90005 San Antonio, Texas 78209 http://www.starseednetwork.com/naciones_indigenas/ U.S. of A. Phone (210) 824-2766 Affiliated Community TV Time Warner Cable Channel 20 Program: "Indians are not Email RRRMunoz7@worldnet.att.net "Americans, as defined by non-Indians" Saturdays at 6:00 p.m.. December 13, 2001 TO WHOM IT MAY CONCERN: As a person or entity with a published interest in "Indian" matters, we wish to respectfully call your attention to the following lawsuit: Carlos Segura, et al., v. Texas Dept. of Human Services, et al. No. 01-50539 now pending in the 5th Cir. Court of Appeals: Segura v. TDHS, is a lawsuit which presents, as a matter of first impression, the position that Whites and "Indian" status and identity were developed invidiously and in ex parte fashion for self-serving reasons and to the intentional exclusion of the "Indian" People by the White Courts in the U.S. and furthermore, that all said development was done outside of South Texas, wherefore, it was not in accord, or, affected by, the unique historical situation existing here. That the White Courts' development of the law has been undertaken by the Whites in areas of the U.S. which are north, east and west of Texas, with a focus upon the "Government to Government" relationship with "Indian" Groups, and particularly such as developed based upon the federal trust relationship which is held by U.S. Courts to now be based on the Treaty relationship, which has been non-existent in South Texas. Thus, Segura v. TDHS, presents, for the first time ever, the South Texas "Indian" issue, where local "Indian" individuals, with no treaty or treaty making history, who have not fully assimilated into White Society, and whose Ancestors were coerced either into becoming White, or, disguising their identity to survive, still retain the right, as individuals, to proclaim their indigenous background here and now. The legal reality challenged is that which is not understood relative to "Indians" existing on Reservations but entails their becoming White by merely undertaking some act which is subsequently interpreted by White Tribunals as having severed the "Indian" and thus "incompetent ward" relationship but also the unique status of "Indian" persons. Because of your published interest, we wish to accord you notice that the entire Brief of Appellants, was just filed (12 11 01) and may be viewed and downloaded in its entirety at: http://www.starseednetwork.com/naciones_indigenas/litigation/cases/segura_vs _the_texas_dept_of_human_resources/12_12_01.html Please advise as appropriate. With all due respect: Rodolfo Rivera Munoz, Aho. --------- "RE: BIA Officer Kills Teen" --------- Date: Wed, 12 Dec 2001 08:10:52 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SHOOTING" http://www.owlstar.com/dailyheadlines.htm http://www.signonsandiego.com/news/state/20011210-1346-nv-biashooting.html BIA officer shoots, kills teen on Duck Valley reservation ASSOCIATED PRESS December 10, 2001 OWYHEE, Nev. - A U.S. Bureau of Indian Affairs law officer responding to a domestic dispute early Sunday shot and killed a teenager at a residence on the Duck Valley Reservation, BIA officials said Monday. Jake Thomas, 19, a member of the Duck Valley Reservation Tribe, was shot twice in the upper torso. He was transported to the Owyhee Community Health Facility, where he was pronounced dead on arrival. The officer, whose name was being withheld by the agency, was called to a Duck Valley Indian Reservation residence around 4 a.m., according to the police report. Thomas met the officer at the door and a physical altercation ensued with the officer suffering wounds to his face, federal agents told the Elko Daily Free Press. During the altercation, the officer drew his weapon, a Glock .40-caliber handgun, and shot Thomas twice. Marc A. Leber, a BIA criminal investigator for the BIA's Eastern Nevada Agency in Elko, said alcohol appeared to have been involved in the incident. No other details were immediately available. "The shooting occurred after the officer had been at the residence for about 10 to 15 minutes and it is unknown whether Thomas was armed," Leber told the Daily Free Press. Thomas' mother, Brenda Scissons, was the reporting party and according to Leber there were other youths in the home and two witnesses to the shooting. The officer has been placed on immediate leave pending the outcome of a federal investigation of the shooting. Copyright c. 2001 Union-Tribune Publishing Co. --------- "RE: Mother says Slain Teen was Unarmed" --------- Date: Fri, 14 Dec 2001 08:47:22 -0600 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SHOOTING VICTIM UNARMED" http://www.pechanga.net/ http://www.rgj.com/news/stories/html/2001/12/13/3859.php Mother of Nevada teen slain by BIA officer says he was unarmed Associated Press 12/13/2001 05:00 The mother of a teen-ager who was slain by a Bureau of Indian Affairs police officer said the officer shot her unarmed son in the back after a struggle at their home on the Duck Valley Indian Reservation. Jake Thomas, 19, a member of the Duck Valley Reservation Tribe, was shot twice in the upper torso early Sunday by a BIA agent responding to a domestic dispute, BIA officials said. Thomas was transported to the Owyhee Community Health Facility, where he was pronounced dead on arrival. The BIA has refused further comment pending the outcome of an investigation. The FBI also is investigating. Thomas' mother, Brenda Scissons, 42, Duck Valley, said she was the one who called police to the house about 4 a.m. because her son had been drinking whiskey and had a tendency to become violent when he was drunk. "I only wanted them to put him in the drunk tank until he sobered up. I didn't think he would be killed,"she told the Elko Daily Free Press. "People in the community have told me that the BIA police are saying the officer had multiple stab wounds and that my son was shot from the front, "she said. But Scissons said it's not true. She said her son was unarmed. She said he was wearing a short-sleeved T-shirt and could not have concealed a weapon. She said the officer hit him in the head with his flashlight and they struggled before he was shot. "My son never hit him with his fist or anything. They hit the rocking chair and fell to the floor and the officer tried to get his cuffs out and dropped them on the floor,"she said. Scissons said her son has been arrested by BIA police a few years ago after he struggled with an officer. "They know he couldn't stand to be restrained or in handcuffs,"she said. She estimated they struggled for about 10 minutes and both were on their knees when she"got Jake's attention and I tried to get him to stop fighting. "He tried to get up himself and when he was getting up ... the officer told him to calm down." At that point, she said, the officer pulled his gun out of his holster and shot Thomas in the back while he was still on his knees and looking at her. The BIA has not identified the officer, who is on a paid leave of absence pending the investigation. But Larry Berger, a New York attorney representing the Federal Law Enforcement Officers Association, identified the officer as Patrick Pipe. "It is much too early to give a substantive comment about these events, "Berger said. Officials at the Boise St. Alphonsus Hospital confirmed that Pipe was treated and released Sunday, the day of the shooting. Scissons said her 17-year-old daughter charged the officer and he shot her with mace on the porch. She said she heard her son gurgling blood and she turned him on his side, then went outside. "I told the officer to call the ambulance because I thought Jake was dying,"she said."He told me to go back inside or he would shoot me." Later, she said the officer handcuffed her and told her she was under arrest. She said she was freed after an ambulance left with her son. Richard Armstrong, law enforcement commander for the BIA's district office in Phoenix, said in a news release Monday that the officer confronted Thomas and arrested him. "The suspect resisted being placed under arrest and a physical fight ensued, which resulted in the police officer being assaulted, sustaining facial lacerations and bruises on his upper eyelid, jaw and head, "Armstrong said at the time. "The suspect's failure to cease his physical attack on the police officer resulted in the officer shooting the suspect twice,"he said. Armstrong was out of the office and not available for comment Thursday, a BIA spokeswoman said. BIA Criminal Investigator Marc Leber did not immediately return a telephone call seeking comment Thursday. He told the Elko newspaper three separate and independent investigations are currently under way. The first is administrative and is being conducted by BIA internal affairs to determine whether the officer acted within bureau policy. The second is a criminal investigation, which Leber is handling. Agents from the FBI's office in Boise also are investigating, he said. Leber said if the case goes to trial it will be held in Boise because the crime occurred on the Idaho side of the reservation. Copyright c. Reno Gazette-Journal, a Gannett Co. Inc. Newspaper. --------- "RE: February 6 marks Peltier Arrest" --------- Date: Mon, 17 Dec 2001 11:59:25 -0600 From: "LPDC" Subj: Feb 6 marks Peltier arrest (part 1) Mailing List: LPDC FEBRUARY 6, 2001 MARKS 27 YEARS OF SHAME RENEW YOUR SUPPORT FOR LEONARD PELTIER! Nearly 27 years ago, on February 6, 1976, Leonard Peltier was arrested. From that day forward Leonard Peltier has lived his life from the confines of a prison cell. For some, the 27 year old struggle to free Peltier has become hopeless and mundane, with the same efforts, the same obstacles, and the same defeats year after year. For Leonard Peltier, time passes even slower, with the same prison walls and the same prison clothes, and the same routines never changing. For Leonard Peltier, February 6 approaches like a nightmare that seems inevitably to repeat itself, bringing the realization of yet another year spent in prison, away from family, friends and an ever-changing world. However, the year 2002 will be far different than any other. For the first time the FBI and other officials will be directly challenged for lying and deceiving those who had the authority and duty to correct this grave injustice long ago. Also, the year 2002 will very likely involve the exposure of evidence suppressed for decades, shedding new light upon Leonard Peltier's case and the struggle from which his case was born. Let's mark February 6, 2002 by renewing our commitments and active support and by preparing for the months to follow. Without you, hope for justice collapses. With you, the year is bound to bear many promising developments, developments that could very well lead to freedom. Until Freedom Is Won! The New Peltier Justice Campaign Leonard Peltier Defense Committee PO Box 583 Lawrence, KS 66044 785-842-5774 www.freepeltier.org To subscribe, send a blank message to lpdc-on@mail-list.com --------- "RE: Take Action February 6" --------- Date: Mon, 17 Dec 2001 12:03:51 -0600 From: "LPDC" Subj: Take Action February 6! (part 2) Mailing List: LPDC SUPPORT LEONARD PELTIER TAKE ACTION ON FEBRUARY 6! COORDINATE LOCAL EVENTS AND ACTIVITIES Commemorate February 6th by enlisting your friends, family, and communities around "Until Freedom Is Won, the Campaign for Truth and Justice!" Hold events or facilitate activities that will spread awareness about the new strategies, while galvanizing active support. Here are some ideas which have worked well in the past: Potluck/Meeting Invite friends, family, local organizations, fellow supporters, and potential supporters to a potluck and planning meeting. Discuss the case and the new strategies and plan outreach, fundraising and mobilization efforts for the months to come. If a hearing is granted for the Motion to Reduce Sentence, it could be scheduled as early as this spring or summer. If granted, it will be held in Fargo North Dakota. Hearings in both the Civil Rights case and the FOIA case could be scheduled as early as Fall of 2002. Those hearings will occur in Washington, DC. Preparing on a local level to support these cases might include: +Planning fundraisers +Planning to send delegates from your group to hearings +Planning outreach efforts, such as regular leafleting in a public place, video showings, or talks. +Visiting local churches, labor unions, civil and human rights organizations to ask for endorsements, participation and support. Vigil Hold a vigil on or around February 6. Invite local organizations, church members, tribal members, and general public to attend. Alert the media and announce the new strategies at the vigil. Inform attendees of ways to get involved on a local level. Fundraiser Hold a benefit concert with local bands, a poetry reading, or Indian taco or bake sales to raise funds for the LPDC. Use the fundraiser to distribute information and announce the new strategies. Leafleting If you are not in a position to coordinate an event on February 6, consider leafleting in a busy area to generate more awareness. Hand out the informational brochure available on our web site, and ask those who show interest to subscribe to our e-mail list serve or newspaper. Click here to download the brochure: http://www.freepeltier.org/download_outreach.htm#top Sponsor an LPDC speaker Organize a speaking engagement for a member of the LPDC Speakers Bureau. Click here to find out how: http://www.freepeltier.org/speakers_bureau.htm#top Be creative! Let us know what your ideas and plans are for generating support for Leonard Peltier. Use your experience and talent to raise awareness, funds, and active support. Additional suggestion: Please take up collections to support the new campaign at any function you may orchestrate. Feel free to download the fund drive brochure from our web site, which explains what our funding needs consist of. The LPDC desperately needs finances to support the work of the legal team, and to mobilize a major support effort. We are currently prevented from doing all that needs to be done to support and facilitate these efforts because of a lack of funds. Please notify us if you will be sponsoring an event or activity on February 6 so that we can help you publicize it. Your ideas may also inspire others to take action. Thank you for your dedication and support. In Solidarity, LPDC Until Freedom Is Won! The New Peltier Justice Campaign Leonard Peltier Defense Committee PO Box 583 Lawrence, KS 66044 785-842-5774 www.freepeltier.org To subscribe, send a blank message to lpdc-on@mail-list.com --------- "RE: Native Prisoner" --------- Date: Tuesday, Dec 11, 2001 7:48 PM From: "Janet Smith" Subj: Prisoner Issues http://www.owlstar.com/dailyheadlines.htm http://www.okit.com/news/2001/dec/lakotarights.html Lakota Man's rights Denied in State Penitentiary by Ruth Steinberger (Deer Lodge, MT) -- Manuel Redwoman, Lakota, is in administrative segregation in the state penitentiary of the Montana Department of Corrections, at Deer Lodge, Montana. Information from telephone interviews with Redwoman, as well as extensive documentation, reveals that Redwoman, 37, has spent 10 months in the maximum segregation unit without any "write-ups" or even minor incidents. Redwoman was also denied a due process hearing before he was moved to the high control unit. According to Redwoman, his restricted incarceration was the result of retribution for speaking out against a counselor at the facility, and for advocating for the religious and cultural rights of Native Americans incarcerated in the state of Montana. Manuel Redwoman was transferred to the Administrative Segregation Unit of Montana State Prison immediately after making a complaint against Unit Counselor, Deb Hust. Redwoman contends that he complained that treatment program groups that Hust was supposed to run were never scheduled. Successful completion of the entire the treatment program is vital to completing requirements for parole. On February 22, 2001, Redwoman sent a letter to Deputy Warden Myron Beeson. While Beeson did address the issue with Hust, and returned the money that Redwoman had paid for the textbook to the treatment program, that afternoon Deb Hust had Manuel Redwoman moved to Administrative Segregation for "bulldogging" (strong arming), promoting white-hatred and chasing child molesters away from the sweat lodge. None of the allegations used by Hust were documented with incident reports. Manuel Redwoman was transferred to the administrative segregation for a period of one year. After 27 days, Redwoman had not received a copy of his reclassification, a decision that must be appealed within 30 days of the transfer. At that time, documents reveal that Redwoman filed a complaint requesting his reclassification. The Unit Counselor in the maximum- security unit responsible for Redwoman getting a copy of that documentation was Bob Hust, the husband of Deb Hust. With Hust ultimately telling Redwoman to get his paperwork and get out of his office, Redwoman contends that harassment continued and it extended to other Native Americans and minority prisoners as well. According to an inmate grievance furnished to Native American Times Robert Hust told an African American inmate, "I'm in redneck country and in the back of the woods and we do things differently here." In the complaint, dated April 18, 2001, the prisoner wrote, "I am an African American and this was clearly and plainly meant as a threat to myself and other minorities in max unit." The written response to the grievance was that the administration had been advised of the complaint, "The matter has already been addressed. Your grievance is considered resolved and is not being processed any further." The signature is by staff person, K. Cozly, 4/26/01. Once in administrative segregation, Redwoman discovered that unit was mainly housing Native American prisoners. Redwoman contends that while white prisoners may have accumulated over 25 points before being sent there, Indian prisoners are often sent there with few points (points are accumulated for infractions while incarcerated). In Manuel Redwoman's case, there are six