From gars@speakeasy.org Tue Dec 9 19:31:57 2003 Date: Tue, 09 Dec 2003 14:51:03 -0800 From: Gary Night Owl To: Internet Recipients of Wotanging Ikche Subject: Wotanging Ikche--nanews11.050 _ __ _____ __ _ __ ___ ____ _ __ ___ ' ) / / ') / / ) ' ) ) / ) / ' ) ) / ) / / / / / / /--/ / / / ___ / / / / ___ (_(_/ (__/ ( / (_ / (_ (___/ '__/_ / (_ (___/ ' ____ _ , ___ _ , ___ / ' ) / / ) ' ) / / ' VOLUME 11, ISSUE 050 / /-< / /--/ /-- __/_ / ) (___/ / ( (___, WOTANGING IKCHE - Lakota - Common News Wotanging Ikche and Native American News Copyright c. 1996-2003 nanews.org Aboriginal/AmerIndian Perspective about the First Nations of Turtle Island December 13, 2003 Mohawk tsothohrha/moon of cold Assiniboine wicogandu-sungagu/center moon's younger brother Cree papiwatiginashispizun/moon when young fellow spreads the brush +-------------------------------------------------------+ | Much more happens in Indian Country than is reported | | in this weekly newsletter. For daily updates & events | | go to http://www.owlstar.com/dailyheadlines.htm | +-------------------------------------------------------+ Otapi'sin Atsinikiisinaakssin -- Blackfeet -- News for All the People Ni-mah-mi-kwa-zoo-min -- Ojibwe -- We Are Talking About Ourselves Aunchemokauhettittea -- Naragansett -- Let Us Share News Kanoheda Aniyvwiya -- Cherokee -- Journal of the People O Es'te Opunvk'vmucvse -- Creek -- People's New News O o O Acimowin -- Plains Cree -- Story or Account O o O Tlaixmatiliztli -- Nahuatl -- News O o o o o O Agnutmaqan -- Listuguj Mi'kmaq -- News O o O Sho-da-ku-ye -- Teehahnahmah -- Talking Birchbark O o O Un Chota -- Susquehannic Seneca -- The People Speak O Ha-Sah-Sliltha -- Ditidaht Nation -- News of the People 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 Dineh jii' adah' ho'nil'e'gii ba' ha' neh -- Navajo Nation -- What's Happening among The People News Okla Humma Holisso Nowat Anya -- Choctaw -- People(s) Red Newspaper Hi'a chu ah gaa -- Pima -- The stories or the talk of the People 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 <================<<<< >>>>================> This newsletter is produced in straight ASCII text for greatest portability across platforms. Read it with a fixed-pitch font, such as Courier, Monaco, FixedSys or CG Times. Proportional fonts will be difficult to read. <================<<<< >>>>================> This issue contains articles from www.owlstar.com; www.indianz.com; www.pechanga.net; Leonard Peltier Defense Committee, Frostys AmerIndian, Rez Life and ndn-aim Mailing Lists; UUCP email 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 | | Once a language is lost, it is | | Limerick summarized in "The | | gone forever | | Legacy of Conquest: The Unbroken | | * Of the 300 original Native | | Past of the American West... | | languages in North America, | | "Set the blood quantum at | | only 175 exist today. | | one-quarter, hold to it as a | | * 125 of these are no longer | | rigid definition of Indians, | | learned by children. | | let intermarriage proceed as | | * 55 are spoken by 1 to 6 elders;| | it had for centuries, and | | when they die, their language | | eventually Indians will be | | will disappear. | | defined out of existence." | | * Without action, only 20 | | "When that happens, the federal | | languages will survive the next| | government will be freed of | | 50 years. | | its persistent 'Indian problem.'"| | Source: Indigenous Language | +-- -- -- -- -- -- -- -- -- -- -- --+ | Institute | |http://www.indigenous-language.org| This issue's Elder Quote: + -- -- -- -- -- -- -- -- -- -- -- + ======================== "Now that we are poor, we are free. No white man controls our footsteps. If we must die, we die defending our rights." __ Chief Sitting Bull, Hunkpapa Lakota +- -- -- -- -- -- -- -- -- -- -- -+ | 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! The Indigenous peoples of this continent are bringing back traditional ways of preserving harmony and peace within their communities. Among Canadian First Nations and Native Alaska communities justice circles and healing circles are being reinstituted. More recently among some of the U.S. lakes tribes, banishment for designated periods of time is used to punish the most recalcitrant tribal members and non-tribal offenders. Meanwhile, next year the U.S. Bureau of Prisons is bringing seven more facilities on line to house more human spirits/souls while medical, psychological and spiritual services staff are being laid off to save money. The Western Hemisphere Institute for Security Cooperation (formerly known as School of the Americas) continues to prepare assassins in the name of democracy. We pagans, who are promoting healing, rather than death and confinement apparently just don't understand the concepts of freedom. --- Monday, December 8, 2003 William Janklow was convicted of second degree manslaughter ... the spirit of Jacinta Eagle Deer smiled and completed her walk. -=-=-=- WINTER REZ HELP -=-=- WINTER REZ HELP -=-=- WINTER REZ HELP -=-=- If you know of a reliable point where funds can be sent to assist these precious elders please drop me a note at gars@nanews.org and make the subject (all caps) WINTER HELP. -----> this list will remain up until January -----> PLEASE email gars@nanews.org with any updates/additions From: wn27 Subj: Winter Clothing Mailing List: Frostys AmerIndian Good evening, I was asked to request winter clothing, coats, boots, gloves, t-shirts, sweat shirts, etc. for the Waseskun Healing Center men from anyone in the vacinity of Montreal/Kahnawake who may have extras. Many of the men do not have warm clothes and are from the north, Atlantic Canada or Ontario. We can arrange to have them picked up. We can be contacted by e-mail (staff@waseskun.net) or by phone (450-883-2034) - Jo-ann. -=-=-=- From: "Brigitte Thimiakis" Subj: Urgent Winter Request To: =========================================================================== Urgent Winter Request for Donations - Winter 2003 Greetings, If you wish to make a difference and help children and elders through the harsh winter months in Montana, please take the time to read this request. On behalf of reliable Northern Cheyenne contacts from Lame Deer, we are once again collecting donations for those in need on the Northern Cheyenne reservation. The donations that you can send are: new and good quality used warm items, (clothing and blankets), as well as toys. The toys will be distributed during the Christmas give away but the clothes and blankets will be distributed right away. During Montana winters, the temperature can drop to 30 or 40 degrees below zero so warm winter clothing and blankets can be lifesaving. It is best if donations are received by Dec. 10th. Our goal is to help the children, the elders, the single parent families, or families unable to make ends meet due to the high unemployment rate, the difficult conditions and the extreme poverty on the reservation. We would like to help everyone we possibly can on the Northern Cheyenne Reservation who is in need, but our priority is the elders and children. The children need all the help and encouragement they can get. List of useful donations : - blankets - warm winter coats and clothing - socks, gloves, boots, hats and scarves - toys (educational toys included) - school supplies - They can also use grooming supplies like toothpaste, tooth brushes, soaps and shampoos, combs, hair brushes, hair barrettes, rubber bands or other types of hair or pony tail holders. Last but not least : pampers diapers or pull-ups. - There is a special need for men's winter coats, clothing, hats, boots, gloves and anything else that protects against the cold weather. The men's winter wear is for the Tongue River Homeless Shelter. Donations can be sent to the following address: Honor Your Spirit - Protect the Children % Sue Buck PO Box 901 Great Falls, MT 59403-0901 Please contact suemontana@mcn.net for mailing information other than regular US Mail service. (Also please include your name and address if you would like for us to acknowledge/confirm receipt of your donations.) If you cannot send items due to the shipping cost, you can still help by sending a money donation.Please be assured that it will be used only for the children and elders this winter and/or for their Christmas; even small amounts can help them. The address for money donations is the same as above. You will receive a receipt which may be used for tax purposes. Please contact us before you send money (email addresses listed below). The priority of our group, "Honor your Spirit - Protect the Children" is to make sure all donations get to where they are supposed to and recognized. It is very important to us to make sure that everything is distributed fairly and to those in the greatest need. Contact Info: Sue Buck, Project Coordinator, MT suemontana@mcn.net Brigitte Thimiakis, European Link thimiakischool@the.forthnet.gr If you would like to learn more about the donation projects, please read our Shipment and Group Project Status: http://www.geocities.com/honoryourspirit/shipment1.html Our heartfelt thanks to everyone for your support. "Your help makes a huge difference for those who have never received help.Your donations provide hope and encouragement to those who have never known these qualities. Your concern and solidarity can improve the lives of many children, elders, families, on the Northern Cheyenne Reservation. There is still a lot to do but all together you can help us make these dreams come true." Thank you for being a part of this project and supporting it. Manuel Redwoman, Northern Cheyenne/Lakota/Arapaho. <>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o Our group opposes all forms of child abuse, and believes that only awareness, prevention and support can reduce the number of children who suffer. Please visit our pages and our group against child abuse & violence. "Honor Your Spirit, Protect the Children" STOP CHILD ABUSE AND NEGLECT http://www.geocities.com/honoryourspirit/stopabuse.html http://www.geocities.com/honoryourspirit/home.html <>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o<>o -=-=-=- WINTER REZ HELP -=-=- WINTER REZ HELP -=-=- WINTER REZ HELP -=-=- If you know of a reliable point where funds can be sent to assist these precious elders please drop me a note at gars@nanews.org and make the subject (all caps) WINTER HELP. -----> this list will remain up until January -----> PLEASE email gars@nanews.org with any updates/additions Dohiyi Ani Oginalii , , Gary Smith Night Owl (*,*) gars@speakeasy.org P. O. Box 672168 (`-') gars@nanews.org Marietta, GA 30008, U.S.A. ===w=w=== http://www.nanews.org ----------- News of the people featured in this issue ---------- - Group helps some Indian Families - Judge reserves decision make ends meet in Manslaughter Case - Tribes bring back Banishment - BIA may be ordered - TallBear: to review Tribal Dispute Can DNA determine who is Indian - Witnesses describe - Yellow Bird: Janklow Accident Scene Elders give Voice to Wise Ones - Janklow Guilty, To Resign - Lumbee Bill will have to wait - Family's missing Son - Monitoring Reservation Wells got different Treatment - When Pauma burned, - Second Man arrested no one responded in Anna Mae Slaying - Coeur d'Alene - Leonard responds seek Status as State to the arrest of John Boy Graham - Eastern Band breaks Ground - NCAI: on new Hotel Tower From Leonard Peltier to Tex Hall - Appropriations Measure - Former Lawman raises doubts takes on Native Funding about John Boy Arrest - Chevron-Texaco on Trial - Native Prisoner in the Amazon -- Indian Clergy have Privilege - Premier Klein apologizes in Confessions to First Nations Chief - History: Carlisle Indian School - White River First Nation - Rustywire: says rights overlooked The first night Sun Dance - Grassy Narrows blockade: - Poem: Multinational Greed One year later - Verse: Hawaiian Book of Days - Challenge of - Tribal College receives Indian Affairs Minister Online Certification - Grand Chief: - Nunavut considers RCMP Statement falls Short new Language Laws - PM ordered to testify - This Week on AIROS in $1.4 Billion Lawsuit - Specials This Week on APTN --------- "RE: Group helps some Indian Families make ends meet" --------- Date: Thu, 4 Dec 2003 08:58:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="WINTER ASSISTANCE" http://www.indianz.com/News/ http://www.rapidcityjournal.com/articles/2003/12/04/news/local/news07.txt Group helps some Indian families make ends meet By Jomay Steen, Journal Staff Writer dECEMBER 4, 2003 WANBLEE -- Betty Bad Cob knows struggle. A member of the Oglala Sioux Tribe, the Wanblee woman must rely on her sister to help pay for electricity, friends to keep her home heated and food stamps delivered on Dec. 10 to buy groceries. But sometimes, there is just not enough help to fill the need. Bad Cob, 58, is one of 1,200 people who live in the Wanblee community. She searches daily for a job to replace her seasonal work that ended seven months ago. In the meantime, she relies upon friends and the local food pantry to keep her household going. "I don't qualify for unemployment, but I do get some commodities and help with energy assistance," she said. "I don't know, it's hard." Bernadine Red Kettle traveled the half-mile into Wanblee to pick up a box of groceries and a shopping bag of cereal to help feed her five grandchildren. It will fill the cupboards while waiting for food stamps. Red Kettle hauls her own water and burns wood to heat her home. Working as a housekeeper at Cedar Pass during the summer, she, too, doesn't qualify for unemployment. Yet the 53-year-old grandmother manages to house, clothe and feed a family of seven on $365 a month. "During the winter, I have a hard time of it," she said. "There's nothing here as far as jobs unless you go to work in Kadoka." Her daughter and five children recently returned from Minneapolis to live with her. They include three teenagers, she said. To replenish the cupboards of this community, Phyllis Wilcox, a member of the executive board of the Eagle Nest District, called the Native American Heritage Association, or NAHA, to deliver food and clothing to the Wanblee CAP Center. NAHA is a nonprofit organization based in Rapid City that, among other things, distributes food and clothing to people on American Indian reservations. Thirty Lakota people arrived early Wednesday at what some teasingly call "Phyllis' Free Market." The impromptu food giveaway sent people home with boxes of mixed canned goods, cookies, pasta, cereal and other food staples. Organized by Wilcox, the NAHA truck rumbled in to the Indian hamlet to deliver pallets of food for those in need. "So far, we've delivered 3.1 million pounds of food to the Pine Ridge, Lower Brule, Crow Creek and Rosebud reservations," Tom Kelly of NAHA said. The Rapid City man said NAHA would deliver food to any CAP operation and commended Wilcox and her team for their effort to distribute the food. "We deliver four truck loads to the reservations every week," he said. "It's something they need, and everyone is so happy to see you." Born and raised in Rapid City, Kelly's first contact with Indian people was through his job with NAHA. He said he has changed. Becoming more sensitive to what poverty does to a people, Kelly appreciates how committed Indian families are in staying together. "They're just people like people everywhere," he said. "They're trying to make a life out in the middle of nowhere." Wilcox wanted to ensure that everyone had something to eat before the mid-December food stamps arrived. She said Wanblee is often overlooked when donated food deliveries arrive at Pine Ridge, Manderson and Kyle. Wilcox knows what it's like to be strapped for money and hungry. She and her daughter's family live modestly on a $111-a-month general assistance check. Wilcox enlisted friends and family to help give the food away. Her brother, Lloyd Wilcox, helped sort canned goods to make sure there was a variety of products in each box. "I'm trying to make sure people don't get too much of one thing," he said. He loaded about 18 boxes of food to deliver to eight rural families, some 22 miles east of Wanblee on the Bennett and Jackson county line. "They have no way to get here for this." May White Bull says that it's not necessarily cheaper by the dozen. She arrived early to pick up enough groceries to feed her extended family. The 55-year-old enrolled member said she has mastered the art of keeping the family going. Living with her daughter, Janice Sitting Up, and eight grandchildren, it's all about perspective. While Sitting Up, 27, attends school, White Bull takes care of the children. She is caring for four of her son's children while he is stationed at Camp Lejeune, N.C. Brian Sitting Up enlisted in the military in March 2001. He has already served four months in Iraq but will be deployed again in February for another four-month tour. "I've been sick about it," White Bull said. "I had to take care of my grandkids," she said. "If it weren't for them, I would have probably lost it." Contact Jomay Steen at 394-8418 or jomay.steen@rapidcityjournal.com. copyright c. 2003 the Rapid City Journal. --------- "RE: Tribes bring back Banishment" --------- Date: Mon, 8 Dec 2003 08:35:16 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="BANISHMENT" http://www.owlstar.com/dailyheadlines.htm http://www.duluthsuperior.com/mld/duluthsuperior/7429083.htm Tribes bring back banishment AMERICAN INDIANS: Reservations in Minnesota and Wisconsin are using the practice to punish tribal members and non-Indians who cause trouble. BY RENEE RUBLE ASSOCIATED PRESS December 6, 2003 The ultimate form of punishment among American Indians is returning to reservations in Minnesota as some tribes seek more effective ways to deal with chronic troublemakers. Banishment has long been a part of American Indian folklore -- with stories of tribal members being sent away, alone, into the forests or across the plains -- passed down from one generation to the next. The Grand Portage Band of Ojibwe is just the latest band to return to the practice. It approved a banishment law in October after residents concerned about gang activity approached the tribal council. "When people cross that line and the community says we've had enough, it's a process we can use to deal with it," said Norman Deschampe, Grand Portage chairman. Banishment also applies to non-Indians who misbehave on tribal land. It is one of the rare inherited rights tribes have over non-Indians on their reservations. "It's the only effective way we have to deal with non- Indians," said Tom Sjogren, an attorney for the Bois Forte Band of Ojibwe in northern Minnesota. Minnesota's American Indians aren't alone in turning to banishment. The Lummi Nation, in Washington state, attracted attention this summer when it announced it was planning to resort to banishment more often to deal with rampant drug use. Half a dozen tribes -- including the Salt River Pima-Maricopa in Arizona, the Yakima Nation in Washington and the Stolo Nation in Canada -- contacted the Lummi Nation after hearing about the idea, Lummi Chairman Darrell Hillaire said. The tribe is discussing a policy that would allow it to banish people who commit crimes off the reservation. Not all of the 11 reservations in Minnesota have a banishment law. The Lower Sioux and White Earth do not, nor does the Leech Lake Band of Ojibwe, which considered one in the late 1990s. There also are banishment-type policies used by tribes in Wisconsin against people caught stealing from casinos. Just south of Leech Lake, the Mille Lacs Band of Ojibwe has used banishment at least once in about 75 years, said Don Wedll, an adviser for the central Minnesota band. Two young band members who moved back from the Twin Cities in the late 1990s were kicked out after igniting a string of fights, disruptions and intimidation, he said. The band was limited in what it could do. Tribal courts are prohibited by federal law from sentences that exceed a year in jail and a $5,000 fine. Also, the two men had been arrested elsewhere in the state, "and that didn't seem to do anything, just made them worse," Wedll said. Mille Lacs ended up banning the men for two years. The two have been spotted back at Mille Lacs, where they were warned that they could be banned again, but tribal leaders believe the two have moved to northern Minnesota. Most tribal councils say banishment is a last resort, and in some cases, the only resort against non-Indians making trouble. Tribes don't have criminal jurisdiction over non-Indians, but the U.S. Supreme Court ruled in 1978 that tribes may exclude people from their territory and lands. Banishment has been used, especially, to fill a void on federal reservations such as Bois Forte, where tribal attorney Sjogren said crimes such as drug possession and domestic violence may not be considered a priority by nontribal authorities and fall through the cracks. While the authority to banish gives the band some leverage, it's still rarely used: Only twice in Sjogren's 13 years as a tribal prosecutor at Bois Forte has banishment been employed. A non-Indian accused of bringing drugs onto the reservation was banished last month. Copyright c. 2003 Duluth News Tribune. --------- "RE: TallBear: Can DNA determine who is Indian" --------- Date: Wed, 3 Dec 2003 08:46:13 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="TALLBEAR: DNA" http://www.indiancountry.com/?1070457107 TallBear: Can DNA determine who is American Indian? December 03, 2003 by: Kim TallBear / Associate / Red Nation Consulting There is talk in Indian country about how DNA can decide tribal enrollment and prove American Indian ancestry. Some of this is coming from DNA testing companies anxious to sell costly services to tribes. Self-determined tribes struggling to control identities and resources must make decisions about the risks and benefits of DNA testing. Some tribal decision-makers display healthy skepticism as they talk about the complicated nature of identity, family, and community. Biological connection is not the sole important factor in determining who belongs. Cultural knowledge and connection to a land base are also valued. Many Indian people are also concerned about loss of privacy and control if outsiders hold biological samples. Other tribal decision-makers have expressed interest in DNA testing and still others need more information. Do Not Rely on DNA Testing Companies for Information DNA testing companies are not in business to provide accessible and balanced information on DNA technologies. Their brochures generally contain shallow scientific detail. I suspect this is partly because these scientist-entrepreneurs do not know enough about the cultural politics of tribal membership to apply science to such questions. At a recent "tribal enrollment workshop" (that played out like a three- day sales pitch for DNA testing) a company representative claimed that DNA technology is "100 percent reliable in terms of creating accurate answers" to questions of tribal enrollment. But tribes should ask "which questions can this technology provide answers to?" Sometimes the biological connection of an enrollment applicant is in question. In this case, a tribe might call for a DNA test of the individual to prove relation to an enrolled member. More often, tribal enrollment and identity questions center around two issues that DNA cannot inform: cultural affiliation and the distribution of money and services. Like "blood quantum" DNA is an imperfect answer to the cultural question. Neither a higher blood quantum nor DNA can guarantee greater cultural attachment. In addition, casino tribes issuing per capita payments want to distribute money to as few people as possible; they often impose non- biological barriers to enrollment. What does DNA matter in these cases? Overview of DNA Testing In general, two types of tests are offered to help American Indians prove ancestry: "DNA fingerprinting" and tests for "Native American haplotypes" or lines of descent. The DNA fingerprint is the type of test used in criminal cases to prove, for example, that a bodily fluid found on a crime victim belongs to an individual suspect. This test is also used to establish paternity and maternity when the DNA of parent and offspring are compared. One company sells this test as a paternity and maternity test and claims that it will ensure that "only Native Americans that deserve to be members of your tribe will be." However, most tribes do not decide enrollment solely based on simple biological connection. For example, blood quantum attempts to quantify one's Indian-ness; it is not used to prove parentage. And parentage is not usually in question. Another company promises to help individuals establish their "identity as a Native American" by testing for Native American DNA. But what is "Native American DNA" and is it relevant to tribal enrollment?" A paper by the Nevada-based Indigenous Peoples Council on Biocolonialism (IPCB) explains why DNA is not a valid test of Native American identity: Scientists have found ... "markers" in human genes that they call Native American markers because they believe all "original" Native Americans had these genetic traits ... On the mitochondrial DNA, there are a total of five different "haplotypes" ... which are increasingly called "Native American markers," and are believed to be a genetic signature of the founding ancestors. As for the Y-chromosome, there are two primary lineages or "haplogroups" that are seen in modern Native American groups ... IPCB points out that "Native American markers" are not found solely among Native Americans. While they occur more frequently among Native Americans they are also found in people in other parts of the world. A second problem with tying markers to Native American identity is that mitochondrial DNA and Y marker testing show only one line of ancestry each. Therefore, Native American ancestors on other lines are invisible. IPCB addresses a third crucial problem with DNA testing for identity: Genetics cannot help determine specific tribal affiliations for living people or ancient human remains. This is because "[n]eighboring tribes have long-standing complex relationships involving intermarriage, raiding, adoption, splitting and joining. These social historical forces insure that there cannot be any clear-cut genetic variants differentiating all the members of one tribe from those of nearby tribes." So "Native American markers" can tell something about an individual's biological descendancy along a few ancestral lines over archaeological time. But how does this inform tribal enrollment? Many individuals around the world no doubt possess markers and yet have no close biological, social or cultural attachment to a living tribe. In contrast, individuals with strong connections might not have the markers because their American Indian ancestors are not on the lines of descendancy covered by the tests. DNA testing fails to provide definitive answers on either biological or cultural connections to a tribe. What does it Cost and who's in Control? DNA testing by a private company is expensive. Depending on the type, tests range from $150 to $600 per individual. One DNA testing company offers DNA fingerprinting for two to three individuals (an individual plus one or both biological parents) for $500. They advocate tribal-wide DNA testing. To estimate cost, the number of tests for a tribe of 10,000 members might be 4,000 (an average of 2.5 people per test). At $500 per test the cost to test all members would be $2 million. This same company advertises a more costly "individual DNA identity system" to accompany tribal-wide testing. This is a programmable identification card that stores a tribal member's information (i.e. enrollment number, health services, voter registration, and a DNA profile). This company charges $320 to produce each individual card totaling $3.2 million for a 10,000-member tribe. A tribe determines information to be included on the card and maintains the database. However, the tribe sends (often confidential) data to the company and they generate the cards. The company notes that they purge the data after producing the card. Yet tribes relinquish a good deal of sovereignty by sending confidential data to be consolidated by a private company. No doubt, many tribal members would object to the invasion of privacy. Tribes should also consider the logistical nightmare of doing DNA tests on all members, especially those living off reservations. In summary, DNA testing does not seem to provide cost-efficient, politically tenable, or substantive solutions to most cases of tribal enrollment. Seek Reliable Advice Unfortunately, there is no single source for information on DNA technologies and tribes. Nonprofit organizations and academic resources used in conjunction are a good start. The Council for Responsible Genetics (CRG) located in Cambridge, Mass. can provide general information about genetics (www.gene-watch.org). The Genetics and Identity Project at the University of Minnesota Center for Bioethics has on-line information on genetics and American Indian Identity available at http://www.bioethics. umn.edu/genetics_and_identity/index.html. IPCB's paper on DNA and Native American identity and other documents on genetics are available at http://www.ipcb.org/publications/briefing_papers/files/identity.html. IPCB is well-networked on genetics issues affecting indigenous peoples and can help tribes find technical assistance. ----- Kim TallBear is an associate with Red Nation Consulting and a member of the Sisseton-Wahpeton Oyate in South Dakota. She specializes in tribal program development and strategic planning and has worked with many U.S. tribes, tribal organizations, and federal agencies. She is a Ph.D. student in the History of Consciousness Program at the University of California, Santa Cruz. Her research focuses on racial formation among American Indians, specifically how DNA and blood influence identity and community belonging. She is a 2003 recipient of the National Science Foundation Graduate Research Fellowship. Copyright c. 2003 Indian Country Today. --------- "RE: Yellow Bird: Elders give Voice to Wise Ones" --------- Date: Wed, 3 Dec 2003 08:46:13 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="YELLOW BIRD: ELDERS" http://www.grandforks.com/mld/columnists/dorreen_yellow_bird/7392156.htm DORREEN YELLOW BIRD COLUMN: Elders among us give voice to wise ones of yore It's always good to be among family on the holidays. This year - this Thanksgiving - it was important for me to be among those I love. I needed to see that the family was together - at least to see that the elders were still here. This holiday was especially warm for me because I realize and am thankful for what my mother and aunt have given me. My mother, who has been ill for the past few years, was the center of our celebration this year. She is doing well now, but she has her good and bad days. That is what the doctors predicted. This was one of those good times for her. Her hair is nearly all white now. She walks only with help and gets tired easily. Sometimes, she is confused. She lives with one of my sisters, who takes good care of her. She can't live alone. As I watched my mother hugging the young ones - some of whom she didn't recognize - I remembered Thanksgivings and other holidays where she put together a good meal with little money and not much help. She had 13 children; we are a large family. My father died some 35 years ago, so she was alone a good part of the time. At this celebration of thanks and with perhaps half the group missing, there were about 50 people. There were drop-ins; some of the family had to attend more than one Thanksgiving. So they ate lightly - only the really tasty desserts, one said - then moved on to the next gathering. I stay with my aunt when I'm home. She is my mother's younger sister. She turned 80 this year. My mother will turn 87 in a couple of weeks. My aunt has been fighting diabetes for 30 years, and it has taken its toll on her body. She, too, cannot live alone. But although she may be forgetful at times, she still is a good teacher. She understands the culture, ceremonies and language. She has been my mentor and teacher for many years. As we drove to Parshall, N.D., for the celebration of the wounded soldier Delmar Crows Breast, I chatted with my sister. I didn't think my aunt was paying attention to my ramblings, but she stopped me in mid- sentence and corrected me. The subject was Native culture and what I needed to do. She gave me strong and specific directions. She reminded me of her mother - my grandmother, Little Sioux. I remember her well. She was a strong and wise woman. When she was the head of the family, we all looked to her. She never wavered from her role as a medicine woman and spiritual leader. She was born at a time when women's strength was in their knowledge and ability to lead quietly. Diabetes debilitated my grandmother's body, too. When I can't find an answer to a ceremonial or cultural question, I think about her and wish that she had lived to an age where she could guide me. Then, I realize that she did. She gave us five strong women to guide us, only three of whom survive - my mother and two aunts, including the one I usually stay with. My aunt scolds herself because she doesn't always remember a word in Sahnish or what to do next in a ceremony, but then there are times when she remembers so clearly that it's as if my grandmother were speaking. Each year, I see us moving closer to the day when my mother and aunt won't be with us. I try to imagine what it will be like but quickly discard the thought. The time will come, I know. Yet I learned this year - this holiday - that they will always been with us, just like my grandmother, Little Sioux. I hear her voice in the words of my mother and aunt. The younger ones will hear my mother and aunt in our words one day. Yellow Bird writes columns Tuesday and Saturday. Reach her at 780-1228, (800) 477-6572 ext. 228 or dyellowbird@gfherald.com. Copyright c. 2003 Grand Forks Herald/Grand Forks, ND. --------- "RE: Lumbee Bill will have to wait" --------- Date: Wed, 3 Dec 2003 08:46:13 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="LUMBEE RECOGNITION" http://www.indianz.com/News/ http://www.robesonian.com/articles/2003/12/02/news/news/story02.txt Lumbee bill Dole's 'hotline' attempt fails By Mark Locklear - Staff report December 3, 2003 WASHINGTON - Lumbees will have to wait until Congress reconvenes next year before a vote on the Lumbee Recognition Bill. U.S. Sen. Elizabeth Dole's recent attempt to "hotline" the bill through the Senate without debate failed when a few senators questioned some issues with the bill, said Dole's spokesman Brian Nick. "It's typical for a senator to put a hold on a bill," Nick said. "Sen. Dole has been meeting with various senators who have concerns, and she is trying to resolve those issues." Senators who place a hold on a bill are usually kept anonymous, but Nick said the concerns are bi-partisan. He said the bill will have to wait until next session before any further action can take place. "Typically, there isn't any legislation taken until February when the Senate reconvenes," Nick said. "To say when the majority leaders plan to debate the bill would be complete speculation." The Lumbee Tribe has sought federal recognition for more than 100 years. Federal recognition would bring millions of dollars for housing, education, health care and other need.. Dole, a Republican, introduced the bill in February. Arlinda Locklear, the tribe's attorney for federal recognition, said she doesn't view the latest action as a setback. "Sen. Dole tried to get it to the floor in a quick way, which is permitted under the rules," Locklear said. "It turns out there were some senators who had some questions, so the bill will have to be debated on the floor. "We're disappointed that it's not going to happen as quickly as we thought, but we are still confident that it will be passed in the Senate next session." Locklear said senators may have had some questions because a report from the Senate Committee on Indian Affairs, which forwarded the bill to the full chamber, was not received until last week. "Now that they have the report, they have the opportunity to examine the history of the tribe and any remaining issues," Locklear said. "It's not that surprising that they had questions. We don't view it as a setback, it's just going to take more time than we hoped." A date has not been set for a similar bill being discussed by the U.S. House of Representatives' Resources Committee. U.S. Rep. Mike McIntyre of Lumberton submitted the original bill in the House in February. It has more than 200 co-sponsors. Copyright c. 2003 The Robesonian, Lumberton, NC. --------- "RE: Monitoring Reservation Wells for Toxins" --------- Date: Thu, 4 Dec 2003 08:58:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NAVAJO WELL WATER" http://www.owlstar.com/dailyheadlines.htm http://www.navajohopiobserver.com/~857704.asp?S=392&P=857704&PubID=11648 Monitoring reservation wells for toxins By S.J. Wilson The Observer December 4, 2003 Blackfalls resident Milton Yazzie has teamed up with Jani Ingram, PhD of Northern Arizona University's Department of Chemistry and Biochemistry to look for answers concerning the drinking water his community has depended on their entire lives. As part of an ongoing research project at Northern Arizona University, Ingram said, her research group is characterizing the uranium chemistry found in and around Navajo lands. A Native American Cancer Research Partnership grant through the National Cancer Institute grant funds Ingram's research. "We have characterized the water chemistry of six wells in the Blackfalls community and have found that some of these wells may be a concern to human health," Ingram, who is Navajo and Anglo, said. Part of the work that Yazzie and Ingram propose to undertake - together with several graduate students - is to investigate the use of wells in the area, and to survey families who have used these wells in order to identify health issues. Information gathered through the investigation would be used to direct new research to specifically probe these links with the ultimate objective to improve the quality of life for the Blackfalls community members, Ingram indicated in her abstract of the study. The Blackfalls community lies in an area roughly bounded by the Cameron Chapter, Wupatki National Park, on towards the Grand Falls and Leupp areas of the reservation. Yazzie, who was an Environmental Protection Agency (EPA) award recipient earlier this year, guided Ingram and Cora Maxx-Phillips through rough reservation roads to Badger Springs and the Tohachii Springs home of Flora Belle Paddock and Jerry Huskon. Maxx-Phillips serves as executive staff assistant to Navajo Nation President Joe Shirley Jr. Yazzie and Ingram invited Maxx-Phillips along to educate her - and Shirley in turn - about their project, and to seek their support. Sensitive issue Yazzie explained to Ingram and Maxx-Phillips that the issue of whether or not well water is safe to drink or not is an extremely sensitive one, leading some people to pretend not to use the water just to keep their particular well from being closed. "Some people believe that we are doing the testing just so we can shut down some of the wells," Yazzie explained. "But the reality is that we want to make sure people have safe water to drink." Ingram shares that concern. She is interested not only in uranium but arsenic levels as well. The two combined, she explained, are a lethal combination. "With uranium," Ingram said, "body cells can come back and recover. But if both are present in high levels, the cells cannot recover." In answer to Paddock's question concerning the affect of uranium and arsenic on livestock, Ingram had no definitive answer. Recognizing that the Navajo people consume every possible portion of a sheep, goat or cow, including the organs, Ingram said that people aren't sure about the accumulation of these substances in the organs of animals. "You hear people talking about that a lot," Yazzie added. "Not everyone is the same. Systems are different. There are long-term uranium miners who have exhibited no effect, and others who worked in the mines only a short time, yet developed cancers and passed away." Ingram believes that NAU is a good resource to work on this project. "We're right here, and we have students who focus their studies in these areas," she said. Yazzie has worked with several organizations and institutions, including the Army Corps of Engineers, the Navajo Nation EPA and the EPA in his quest to answer the all important question - is water that Black Falls residents have been drinking their entire lives safe to drink. Changes needed But more than just answers, Yazzie wants changes - and water sources for his people. "I don't want to work with you if you're just going to throw me a bone with no meat on it," Yazzie said. According to Ingram, a definitive answer as to whether or not the wells in the Black Falls area are safe or not cannot be based on just one sample. She and Yazzie had tested several springs and wells earlier in the year, but are looking to gather seasonal samples to find out if certain conditions such as drought, summer or a wet winter might affect the uranium levels. Ingram spoke of some of the peculiarities of the water tests. Some wells and springs, though quite close to contaminated wells, remain below EPA standards and are considered safe for human consumption. She looks forward to bringing in a Navajo geology student to examine and study land configurations to see if the answer to significant differences in uranium levels might lie there. Some of the area visited by the group was situated on Bennett Freeze land. Yazzie expressed his confusion to Maxx-Phillips, having attended different chapter meetings and hearing chapter officials talk about "former Bennett Freeze land." As far as he and his family can tell, there is nothing "former" about their situation. For two days before the visit on the reservation, rain had fallen, making travel difficult. But for his mother and father, both elderly with health problems, the rain brought discomfort due to several holes in the roof - holes they are forbidden to repair. Yazzie described to Maxx-Phillips the result of an earlier attempt to fix up his parents small, one room house - a notice to desist repairs stapled to the front door. "I've been wanting to add onto the house, fix the roof, but I believe that people fly over the area in planes and spot new construction or repairs," Yazzie explained. The difficulties of life on the Bennett Freeze combined with health issues that Yazzie, for one, attributes to uranium-contaminated water presents a bleak picture. Maxx-Phillips, who has held various positions serving her people in Tuba City, is well aware of the effects of the Bennett Freeze on the Navajo people and has spoken out publicly in support of lifting the freeze. Few of her comments were on the record during the trip through Blackfalls, but Maxx-Phillips took copious notes, which she plans to share with President Shirley. Standing outside the four-wheel drive vehicle piloted by Ingram, she surveyed the seemingly barren land near Paddock's home. "This is so beautiful," Maxx-Phillips said softly, admiring the versatility and hardiness of her people - who have lived for generations in a land with so little water. Jani Ingram and Milton Yazzie presented their study at the Leupp Chapter on Nov. 21 and won the chapter's approval of their project. They said they will seek support in other area chapter houses in the near future. Copyright c. 2003 Northern Arizona Newspapers, Inc. --------- "RE: When Pauma burned, no one responded" --------- Date: Wed, 3 Dec 2003 08:46:13 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="HATE MAIL" http://www.indiancountry.com/?1070456201 When Pauma burned, no one responded December 03, 2003 by: Brenda Norrell / Correspondent / Indian Country Today ALBUQUERQUE, N.M. - When fire swept through the Pauma Band of Luiseno, neither fire crews nor the media responded, Juana Majel-Dixon told the National Congress of America Indians. Unable to speak at times because of her tears, Majel-Dixon said 2,000 adults and 700 children in her area alone have been displaced because of the fire. Forty-seven homes burned in one village. "No one came to fight the fire," she told NCAI's 60th Annual Convention. A 60-foot wall of fire tore through Pauma with 60 to 70-mile-an-hour winds and firefighters were never given a map to where the Pauma lived. "All those thousands of firefighters couldn't find us. There was no one we could call. We burned for three days with no help. That is why we lost so much." Now, there is more. "We are getting hate mail saying, `You Indians deserve to burn.'" Pauma had no place to turn for help, so they turned to Indian country. "We are going to need millions and millions of dollars to rebuild. We don't even have a way to clean up," Majel-Dixon, re-elected secretary of NCAI, said during the closing session. "We had to beg for underwear, socks, toothpaste. I ran away with no underwear." When Majel-Dixon finished, NCAI delegates were deeply moved and embraced her, not just with their arms, but with donations, beginning with $10,000 and an offer to collect food, clothing and household goods. Then, there was more. NCAI President Tex Hall reminded the convention that the holidays were coming up. "Whatever you can give," he urged. Audrey Bennett, president of the Prairie Island Tribal Council, called home. Without delay, Bennett announced the Prairie Island Tribal Community in Minnesota would donate $2 million; it would be wired to the Pauma on Monday morning. With comforting words, Picuris Pueblo Gov. Gerald Nailor said Indian country would be more responsive than the Federal Emergency Management Agency. Zuni Pueblo Gov. Arlen P. Quetawki Sr., said Zuni were currently bringing an end to their religious cycle in New Mexico. He said he would remember Majel-Dixon and California tribes while praying and fasting. Hopi Chairman Wayne Taylor Jr. from Arizona, said tribes need a contact point, or clearinghouse to send out emergency news. He said Hopi planned to send assistance to fire victims, but were told their needs were being met. Prairie Island Community Councilwoman Ramona Jones came forward and volunteered to assist NCAI to create an emergency information network. Jones said she has been repeatedly devastated by floods in Minnesota and knows first hand what it is like to lose everything and have to start over. Other Indian victims of California fires came forward and thanked the Pechanga Tribe for emergency shelter and food. They thanked Morongo's Mary Ann Andreas for giving fire victims $100 of personal money for immediate needs. Cheryl Seidner, chairwoman of the Table Bluff Reservation Wiyot Tribe in California, said her tribe is collecting donated goods for Pauma. "Money we don't have," Seidner said. "But we are here for you." Within the hour of the collective support for Pauma, NCAI concluded its convention.Copyright c. 2003 Indian Country Today. Copyright c. 2003 Indian Country Today. --------- "RE: Coeur d'Alene seek Status as State" --------- Date: Mon, 1 Dec 2003 09:05:58 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CdA STATE STATUS" http://www.owlstar.com/dailyheadlines.htm http://www.cdapress.com/articles/2003/12/05/news/news04.txt Tribe seeks status as state December 5, 2003 By JEROME A. POLLOS Staff writer Legal designation would allow it to have greater control COEUR d'ALENE - The Tribe's application to be treated as a state has county officials on edge. Kootenai County commissioners recently sent a letter to the governor, state attorney general and director of the Department of Environmental Quality requesting them to "consider very carefully the far-reaching effects of any actions taken." "This is going to put non-tribal county residents in the firing line," said Dick Panabaker, chairman of the Kootenai County Board of Commissioners. "This has the potential to impact property taxes, lake access and a whole list of other issues. This may end up in court when it's all over." Kootenai County wasn't the only government with concerns about the tribe's application. "If boiled down to the most fundamental element, divesting control from any democratic process is a dangerous thing," said Douglas P. Payne, Benewah County prosecuting attorney. "In this case, people who live along the river are not tribal members and the government who wants to oversee that body of water has no accountability to people under its realm." The Coeur d'Alene Tribe applied to be treated as a state through the Environmental Protection Agency because currently no water quality standards are applicable on the tribal land. If the application is approved, the tribe will be able to implement water quality standards that are said to be close to the standards of the state. "The average person living on tribal land won't be impacted if the application is approved," said Eric Van Orden, legal counsel for the Coeur d'Alene Tribe. "The tribe is making an effort to work with the state so the standards and their application are similar." A decision isn't expected to be made until spring, but both the state and EPA office in Seattle have been inundated with concerns ranging from tribal authority over non-tribal members to jurisdictional boundaries of the tribe's water quality standards. "There's no benefit from the state's standpoint," said Stephen Allred, director of the Department of Environmental Quality. "If this is approved without resolving the issues, it's going to provide some reason for conflict. We're certainly willing to work with the tribe to get those issues resolved." Areas of concern for the tribe that prompted the application are metals contamination from mining in the Silver Valley, water temperature and habitat problems for fish and wildlife. The Coeur d'Alene Tribe is not the first in the Northwest to seek treatment as a state. The Confederated Salish and Kootenai Tribes, which own half of Flathead Lake in northwest Montana, received treatment-as-state status from EPA. That decision was upheld by the 9th U.S. Circuit Court of Appeals in 1998. However, separate U.S. Supreme Court decisions in 2001 limited the authority of tribes over nonmembers. That same year, the high court also upheld the Coeur d'Alene Tribe's ownership of the southern third of Lake Coeur d'Alene. Another recurring theme for the tribe is the voice of non-tribal residents who live within reservation boundaries. The tribal council has addressed this issue in the past with a lake board that has two seats available for Kootenai and Benewah county non- tribal residents. The EPA accepted the last comments from the state Sept. 24. "It's not that clear why people object to the application except on the notion the tribe will try to regulate them," said Rich McAllister, the EPA attorney working with the tribe and state on the application. "This is more straightforward and not as big an issue that people are making it out to be." Jerome Pollos can be reached at 664-8176, ext. 2021, or jpollos@cdapress.com. Copyright c. 2003, The Coeur d'Alene Press. All rights reserved. --------- "RE: Eastern Band breaks Ground on new Hotel Tower" --------- Date: Wed, 3 Dec 2003 08:46:13 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="NEW EBC HOTEL" http://www.indianz.com/News/ http://cgi.citizen-times.com/cgi-bin/story/45966 Eastern Band breaks ground on new hotel tower By Jon Ostendorff, Staff Writer Dec. 1, 2003 11:10 p.m. CHEROKEE - The Eastern Band of Cherokee Indians on Monday broke ground on a new hotel tower, and this time the tribe is expanding its gaming business without financial support from Harrah's Entertainment. Tower II will more than double the number of rooms offered at Harrah's Cherokee Casino and Hotel. It will be connected to the current 15-story, 252-room hotel, which opened 18 months ago and was financed with Harrah's credit. The tribe borrowed $60 million for the new hotel and has taken over the existing debt on the entire gaming complex. The total debt on the business, with the new hotel included, is $175 million. Principal Chief Michell Hicks, who took office this year, said the financial move shows investors have faith in the business opportunities in Cherokee. The principle investors are Wells Fargo and Bank of America. "It's extremely important," Hicks said Monday after a groundbreaking ceremony. "It's telling the general public to look for opportunities in the future. It's a huge step." Harrah's, under a management agreement the tribe expects to renew this year, operates the casino and hotel for the Eastern Band. The tribe owns the business and pays Harrah's a fee for its services. Since the video gambling machine operation opened in 1997, the 13,000- member tribe has created a business that brings in $155 million in profits each year. The casino, the largest employer west of Asheville, has created 3,000 jobs, Hicks said. The new hotel will add another 100 jobs. Each tribal member receives two per-capita payments, or casino profit checks, a year. On Monday, pay out day, members got $3,542. For workers like Curtis Fish, a former miner who spent most of his life working away from Cherokee, the casino has provided a job close to home. "I am home every day and I'm only 10 minutes away," said Fish, who works as a bellman. "That means a lot to me. The jobs are here if the Indian people want them." The new hotel tower will offer 21 suites and 303 premium rooms. It could be completed in 18 months. Pat Dennehy, Harrah's Cherokee Casino's general manager, said he expects the new hotel will be full as soon as it opens. Last month, the current hotel had a 100-percent occupancy rate. Carlos Tolosa, president of Harrah's Eastern Division, commended the tribe on its success with gaming and the improvements it has made in the lives of its members. "The good of the people carry the same weight as sound business decisions," he said. Hicks, who met with local and state leaders at a reception Monday evening, said growth would continue to improve the lives of the Cherokee and their neighbors. "The dreams held by our tribal leaders were larger than they could have imagined and have led to the Eastern Band becoming a major economic and employment force in Western North Carolina," he said. "As we move forward, those dreams will reach more people throughout our region and North Carolina." Contact Ostendorff at 452-1467, ext. 310, or JOstendorff@CITIZEN-TIMES.com. Copyright c. 2003 Asheville Citizen-Times. --------- "RE: Appropriations Measure takes on Native Funding" --------- Date: Fri, 5 Dec 2003 08:35:16 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ALASKA NATIVES IN PERIL" http://www.indianz.com/News/ Appropriations measure takes on Alaska Native funding December 4, 2003 The $328 billion omnibus funding bill that faces important tests in Congress in the coming weeks includes provisions that might surprise some in Indian Country. First, the good news. Language that would have forced the Bureau of Indian Affairs to pay for 21 tribal trust mismanagement lawsuits appears to have been deleted. The rider would have used at least $3.1 million in Indian program funds to reimburse government attorneys. Second, the bad news. A provision requiring a report on "possible illegal activity" of Indian casino has been retained. But lawmakers adopted it by reference -- meaning it's still in there, it's just not as noticeable. Third, the interesting news. If the bill passes, the White House Office of Management and Budget will be required to consult with Alaska Native corporations. This rider, which has not been seen before, treats the corporations "on the same basis" tribes under Executive Order 13175, the government-to-government consultation order. Finally, the big news. Sen. Ted Stevens (R-Alaska) has dropped a rider that would have outright denied federal funding to Alaska Native tribal courts and law enforcement. He faced heavy criticism, including accusations of racism, for saying the tribes threatened the state by exerting their sovereignty. What he's drafted now is something more complex. The new version will deny funding to tribes with less than 25 members. But it also applies to tribes located within a specified list of seven municipalities, cities and boroughs. A number of Native villages with more than 25 members -- for example Seldovia with more than 300 members -- are located within these jurisdictions yet they would be denied money. To address the greater issue of funding to more than 220 Alaska tribes, Stevens is calling for the creation of the "Alaska Rural Justice and Law Enforcement Commission." It would be composed of tribal, state and federal representatives. At the annual Alaska Federation of Natives (AFN) conference in October, delegates endorsed this concept. They sought to examine ways to improve accountability and delivery of services. But that's about where AFN and the new rider depart. The commission would be charged with reviewing all civil and criminal matters affecting tribes and villages. By May 1, the panel will make recommendations on creating a "unified law enforcement system, court system, and system of local laws or ordinances for Alaska Native villages and communities of varying sizes including the possibility of first, second, and third class villages with different powers." The rider goes on to require a General Accounting Office (GAO) study on how federal funding for rural Alaskan communities is being used. GAO "shall determine the number of houses built by each Native housing authority including the cost per house," it states, a reference to claims made by Stevens that tribes are wasting federal funds. "[W]e found one area of Alaska, we did fund those and there wasn't a house built in four years, but there's all those people out there hired to help them," he told Alaska reporters in October. The omnibus appropriations act, H.R. 2673, is set to go before the House on Monday. According to press accounts, Republican leaders will try to pass it without a roll-call vote. A similar tactic in the Senate is seeing resistance from Sen. Robert Byrd (D-W.Va.), the ranking member of the Senate Appropriations Committee. He said yesterday that he would not agree to a unanimous consent motion when the bill is brought up next year. Copyright c. 2000-2003 Indianz.Com. --------- "RE: Chevron-Texaco on Trial in the Amazon" --------- Date: Wed, 3 Dec 2003 08:46:13 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="AMAZON DESTRUCTION" http://www.easterndoor.com/12-43/12-43-1.htm Volume 12 Number 43 November 21, 2003 Chevron-Texaco on Trial in the Amazon By: Yanik Delvigne Toribio Aguinde, like everyone in his community, knows too well the real price of gas. It cost them their land, their health and to some, their lives. Now they are claiming back part of their losses in a $5 billion U.S. legal action against the Chevron-Texaco company. The "Trial of the Century" has brought the international media in the heart of Ecuador's Amazon rainforest to witness the consequences of intensive exploitation of natural resources on Native people. About 30 000 residents from various communities - supported by settlers and ecologists - are suing the U.S. multinational. Aguinde was 15 when Texaco perforated the first oil well in the area in 1971, just beside his community settlement, where the ugly oil boomtown of Lago Agrio would emerge. By then, the government of the small South American country was too happy to open the territory to a lucrative industry that nowadays provides nearly half of its revenues. But community leaders such as Toribio's parents felt forced to move away from the nuisance brought by the industrial activity. They moved higher in the Amazon rainforest, along the Aguarico River. Like most of Canadian Native People, the Cofanes Peoples of Ecuador have traditionally lived along rivers where they would fish, grow fruits and corn, and travel on the wooden canoes they still carve in the stem of cedar trees. Texaco, through its subsidiary Texpet and in consortium with the Ecuadorian government, quickly expanded its activities and pumped out billions of petro-dollars from a territory of 5,000 km2 around the city of Lago Agrio between 1971 and 1992. To make extra profit, the company used a technology that was already illegal in the United States. U.S.-based Texaco decided to throw away the toxic waters and contaminants extracted with the oil, directly in the rivers or in large waste pools dug in the ground. Similarly, accidental oil spills would be directed in the rivers or spread on the land instead of being reinjected in the wells as U.S. laws already prescribed. Aguinde remembers very well the black spills that would cover the Aguarico River during the Texaco era. As a result, there is no more drinkable water in his community, although the rainforest is probably the world's richest soft water reserve with Northern Quebec. Health problems have also risen dramatically. A medical investigation in a neighbouring settlement showed the occurrence of chronic symptoms such as migraines and gastritis in the majority of the population and a 130 percent higher risk of developing cancers, all related to oil contamination. "Several community members have already died prematurely from cancer, and many more might pass away before justice can finally be made," Aguinde says. It was in 1993 that Toribio Aguinde first led his community to join other Indigenous groups, settlers and environmental organizations in a legal action against Texaco. The initiative came from a New York lawyer born in Ecuador, Cristobal Bonifaz, who brought the case in front of a U.S. court. The case was dismissed after years of legal process. But the court of appeal in New York finally stated that the trial had to take place where the damages had occurred, in Lago Agrio, Ecuador, and that Chevron- Texaco had to show up and submit to the Ecuadorian law which would be enforced in the United States. The Ecuadorian judge in charge of the trial received all documents and witnesses' declarations in October. His judgment will be delivered in the next six months. According to Cristobal Bonifaz, this case could open the door to a "global environmental justice that would give the poorest nations the means to defend themselves against the abuses of large multinationals." Texaco lawyers in Lago Agrio did not comment on the trial. But official spokespersons for the company in the U.S. have stated, "There was no credible evidence from the part of the plaintiffs to support their claims. " The company denies any responsibility in the damage, and on the contrary, says it contributed to the country's economy for several billions of dollars. Looking at Toribio Aguirre's community, it is hard to find how these profits have benefited the local populations. Far from consuming any gas or buying cars, community residents are located out of road access and living in poor wooden houses without light or running water. Further south, in the town of Sarayaku, communities of Kichua and Shuar people are now opposing the entrance of foreign oil companies on their land, one of the few areas that have yet been preserved. They argue that the oil industry would damage the environment and endanger their lives and culture. Sarayaku leaders consider that there are far more promising economic avenues in ecotourism and the sale of natural medicinal plants in the future than the oil exploitation that could end the resources in less than 20 years. However, the government has already conceded the territory to foreign oil companies and threatens to send the army to open an access later in December. The oil industry is the largest source of income for Ecuador's government, which has to pay an equal amount of money each year to pay its debt contracted with northern countries. The government gives land concessions to foreign oil companies to exploit the resources. The Canadian company Encana is currently one of the major oil investors in the country with several oil wells and the country's largest pipeline. ---- Yanik Delvigne is a journalist travelling through South America and will be posting stories to The Eastern Door regarding Indigenous Peoples in the region. Copyright c. 1997-2000 The Eastern Door. Kahnawake, Mohawk territory, QC. --------- "RE: Premier Klein apologizes to First Nations Chief" --------- Date: Wed, 3 Dec 2003 08:46:13 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="OOPS APOLOGY" http://edmonton.cbc.ca/regional/servlet/View?filename=edm_031202 Klein apologizes to First Nations chief December 2, 2003 Edmonton - Premier Ralph Klein has issued an apology to a First Nations chief over his government's handling of Bill 49. Klein admitted in the legislature Monday that his government had not kept aboriginal people informed about the legislation, which attempts to deal with conflicts between oil contractors and First Nations people. "We would like to express to Chief Waquan our apologies," Klein says. Chief Archie Waquan of the Mikisew First Nation was in the public gallery expressing his opposition to the bill. He doesn't like a provision that would allow police to tear down First Nations blockades. "What happens on our traditional territory?" he asks. He says his people should have the right put up placards and road blocks to express their opinions about oil development. Waquan says he and other Treaty Eight chiefs will fight the bill. Klein says the bill will still go through, but his government made a mistake in failing to consult aboriginal people. But he promises to keep First Nations people better informed about what's going on. Copyright c. 2003 CBC. --------- "RE: White River First Nation says rights overlooked" --------- Date: Sun, 7 Dec 2003 19:21:43 -0500 From: Frosty Subj: Fw: Rights overlooked, first nation says Mailing List: Frostys AmerIndian ----- Original Message ----- From: Russell Diabo ----- Original Message ----- From: Don http://www.whitehorsestar.com/storyDetail.lasso?r=47687 Rights overlooked, first nation says by Jason Small The White River First Nation is concerned about the federal and territorial governments neglecting its rights while it's negotiating a final land claims deal. During question period in the legislature Tuesday, Kluane MLA Gary McRobb, of the NDP, brought up a letter written by the Beaver Creek-based first nation to both Ottawa and the Yukon government. According to the letter, White River is concerned about the first nations rights being ignored by the two levels of government. "We did not nor do we expect that you would continue to infringe upon our rights while we are in negotiations," reads the letter signed by Chief Angela Demit and four councillors. "Until such time as our final agreement is both ratified and implemented, we expect consultation and accommodation and, where we deem appropriate, compensation for any infringements upon our aboriginal rights and title. Should there not be ratification, we remind you that our existing rights and title continue into the future unsurrendered. "Your bureaucrats have failed to consult with and accommodate us in respect of our existing aboriginal rights and title when considering applications for mining explorations, water, road construction, oil and gas pipelines, other land and resource uses and so forth." During question period, McRobb asked Premier Dennis Fentie about the first nation's concerns. "What has the premier done to straighten out this serious situation since he received that letter?" McRobb asked. "The government is not aware of infringements in this case," Fentie told McRobb. "I would certainly like to hear from the first nation on specifics of such infringements, if there are any, and we would open up discussions with the first nation on that matter." McRobb pointed out that the letter, which was written Nov. 24, came just a few days after the premier met with the first nation. "A very astounding part of it is the need for the first nation to fire this shot across the bow of the territorial and federal ships when, in fact, they just met so recently with the territorial premier," "A very astounding part of it is the need for the first nation to fire this shot across the bow of the territorial and federal ships when, in fact, they just met so recently with the territorial premier," McRobb said in an interview after question period. He said the first nation is frustrated by government officials repeatedly conducting business in White River territory on matters affecting the first nation without its full knowledge. McRobb also said the first nation is expecting a level of respect from the Yukon government, and the letter indicates that's not coming. During question period, Fentie talked about last month's meeting with White River. He mentioned there were discussions about what would happen if White River is unable to finalize a land claims settlement. "I also stated at my recent meeting with the first nation, should that be the case, our government would be very interested in sitting down and negotiating a bilateral agreement with another Indian Act band in the Yukon, as we have with the Kaska Nation, which has no land claim and no mandate to negotiate one. But this is up to the citizens of White River." Liberal Leader Pat Duncan was up in arms about that comment. She is concerned that, once again, Fentie is offering some of the things that come with a land claims deal without having to sign a final agreement. "I'm outraged about it," Duncan said, referring to Fentie's statement. She said that by offering certain items which, until the Kaska signed its deal last May, had only been available to first nations which signed final agreements, the premier was "cheapening the UFA". The UFA (Umbrella Final Agreement) was the deal between the Yukon government, Ottawa, and the territory's first nations which outlines the general shape of each first nation's final agreement. "It cuts a side deal," Duncan said. For her, part of the problem is that while a bilateral accord may be similar to a final agreement, it cuts out the citizenship because a first nation's members do not have to vote on a bilateral deal. Each final agreement must be voted on by the first nation's membership. However, that may not be necessary. According to officials from the Department of Indian Affairs, White River may be close to starting the voting process on a final agreement. Katy Mead, the local spokeswoman for the department, said Wednesday there is one more meeting of legal officials on White River's deal either later this week or early next week. Katy Mead, the local spokeswoman for the department, said Wednesday there is one more meeting of legal officials on White River's deal either later this week or early next week. After that gathering, it is expected the final agreement will be ready to be initialed by the negotiators. Mead added that there is one outstanding issue on the matter. She said the first nation is still looking to confirm the accuracy of its membership enrolment list. The first nation was unavailable for comment. --------- "RE: Grassy Narrows blockade: One year later" --------- Date: Thu, 4 Dec 2003 08:58:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="GRASSY NARROWS" http://www.kenoradailyminerandnews.com/HTML%20files/newsfront.html Grassy Narrows blockade: One year later By Mike Aiken For The Miner and News December 3, 2003 A year after the blockade went up near Grassy Narrows First Nation, there's a cautious sense of optimism that the dispute over logging rights may be resolved. With talks now taking place at the highest level with the federal government and Abitibi-Consolidated, band members are hoping to actively engage the new provincial minister of natural resources, David Ramsay. "I think they have a big role to play in what the final agreement will look like," said Chief Simon Fobister of Grassy Narrows. However, Fobister noted that significant questions remain, noting the fundamental issue of clearcutting has not been resolved. On Dec. 3, 2002, band members blocked the road leading into the Whiskey Jack Forest, barring the path for logging companies. The band says clearcutting near their community is contrary to their treaty rights and destroying habitat for trappers. Abitibi-Consolidated is the main logging company in the area, and it says it is following the guidelines set out by the provincial Ministry of Natural Resources. The company adds the land claimed by the band would take up much of the boreal forest, which is used to support nearby paper mills. Abitibi-Consolidated recently signed an agreement regarding logging practices with the World Wildlife Fund, and made an offer to stop clearcutting near the community last month. Abitibi-Consolidated is a major employer with mills in Kenora and Fort Frances, not to mention 16,000 employees in 70 countries. Across Northwestern Ontario, an estimated 15,000 jobs are related to the forest products industry, which also generates some $600 million in tax revenue for governments. Grassy Narrows First Nations has garnered the support of the Assembly of First Nations, as well as environmental groups across Canada. They are still considering the initial offer made by the logging company. On Monday, Indian and Northern Affairs Minister Bob Nault suggested that both the federal and provincial governments had a big role to play, dividing up the taxes the logging company is already paying. Pointing to revenue sharing agreements in the Northwest Territories and in Labrador, Nault said an agreement was definitely possible. "It's been done before, it can be done again," he said. Yoland Kowalski, spokesman for MNR, said the government was open to such negotiations. "The lines of communication are open," she said. Another round of talks is scheduled between Abitibi-Consolidated and the First Nation in mid-December, and Abitibi spokesman Marc Osborne is hoping to continue with positive and constructive talks. Meanwhile, members of the band are getting ready for another cold winter manning the blockade, where temperatures dipped to -25C last month with the windchill. Supporters from the Friend of Grassy Narrows in Winnipeg and Thunder Bay have gathered at the site to show their support by participating in traditional ceremonies, such as the passing of the pipe and sweats. "Actually, I'm quite surprised by the support," said organizer Joe Bill, who operates a store on the nearby reserve. Three years ago, the band had considered similar action, but chose not to because they didn't think public pressure would be on their side. After getting frustrated with talks with local officials, they resorted to the blockade. They have also gone a step further, by informing Abitibi-Consolidated customers about clearcutting practices and the effect it has on trapping and traditional ways of life near Grassy Narrows. While the tactics have created some friction in the area, they have also resulted in face-to-face meetings with major players. "It's unfortunate that people had to take such drastic measures to get people's attention," Nault said. Grassy Narrows has also been devastated by the long-term effects of mercury contamination to their lakes and rivers, destroying not only their food supply but their employment base. A forum including band leaders, leaders from nearby Wabaseemoong (Whitedog) First Nation, federal and provincial representatives is scheduled in Winnipeg in mid-January to revisit compensation agreements and methods. Copyright c. 2003 Kenora Daily Miner and News. --------- "RE: Challenge of Indian Affairs Minister" --------- Date: Thu, 4 Dec 2003 08:58:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FOX CHALLENGES NAULT" http://www.owlstar.com/dailyheadlines.htm http://www.canoe.ca/NationalTicker/CANOE-wire.Nault-Ouster.html Martin team backs challenge of Indian Affairs minister: native leader December 3, 2003 OTTAWA (CP) -- A hard-line native leader says he's laying the groundwork to challenge Indian Affairs Minister Robert Nault in the next election -- with the blessing of Paul Martin's camp. Charles Fox, vice-chief of Ontario for the national Assembly of First Nations, says "all angles" are being explored for a possible run for the Liberal nomination in Nault's northern Ontario riding. And he says the incoming prime minister's team supports a challenge. That claim was denied Wednesday by a Martin aide. "We're seeing what the new riding will look like," Fox said of Nault's Kenora-Rainy River constituency. The vast riding now includes 51 First Nations but will shrink when electoral boundaries change on April 1. It will be renamed Kenora and will include about 40 native reserves. "We're looking at the electorate, the percentage of the aboriginal vote, those who participated last time around and who didn't," Fox said. Nault's failed bid to impose tighter fiscal rules and new electoral codes on reserves sparked native protests across Canada in recent months. Nault, an MP since 1988, must account for a heavy-handed and unpopular approach, Fox said. "It's time for a change in that riding." Nault was a die-hard loyalist to Prime Minister Jean Chretien who only belatedly declared support for Martin's leadership. Fox has been rumoured as a possible candidate for Indian Affairs minister in Martin's future cabinet -- a job he says he would consider. "Why not have an Indian be an Indian Affairs minister?" he asked in an interview. "I'm not going to change," said Fox, known as a staunch defender of native rights and an outspoken critic of government policy. "I am who I am. And I believe that's what Martin is saying as well: he wants people who will challenge the government and challenge his agenda for positive change." Fox said he got a standing ovation at an aboriginal forum during last month's Liberal leadership convention when he called himself "a potential candidate for the Kenora riding." Scott Reid, a spokesman for Martin, said no one has been encouraged to challenge Nault. "It's (Martin's) instinct to have open nomination contests but he has not encouraged anyone to run against Mr. Nault." Michelle Showalter, president of the Kenora-Rainy River Federal Liberal Association, said Nault's support is solid. "As president of this riding association, I can say we've always and will always support our current MP. "We're very happy with our member of Parliament." Martin signalled just after winning the Liberal leadership last month that no nomination is safe. An open nomination system means riding associations won't be forced to keep the same MP. Instead, sitting members will have to beat out other candidates to represent the Liberals in an election widely expected next spring. Nault was not immediately available for comment Wednesday, but has repeatedly said he wants to run again. His seat at the cabinet table is far from certain as Martin recasts his inner circle for a public unveiling on Dec. 12. But sources said that, as of Wednesday night, Nault had not received the most dreaded call in Ottawa these days: a ring from Martin himself suggesting he prepare for life on the backbenches. Copyright c. 2003, CANOE, a division of Netgraphe Inc.11 --------- "RE: Grand Chief: RCMP Statement falls Short" --------- Date: Wed, 3 Dec 2003 08:46:13 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="COOPERATIVE POLICING" http://www.easterndoor.com/12-43/12-43-1.htm Volume 12 Number 43 November 21, 2003 RCMP Statement Falls Short: Grand Chief By: Ross Montour The Mohawk Council of Kahnawake, the Kahnawake Mohawk Peacekeepers and the RCMP have all agreed to join forces, in an integrated war against organized crime and terrorism. Word of the accord came in the form of a joint press release issued this week. "The RCMP, the Kahnawake Mohawk Peacekeepers and the Mohawk Council of Kahnawake are taking concrete steps to jointly address the problem and will study closer cooperation in gathering and sharing of information relating to organized crime activities in the Kahnawake community," reads the statement. The brief statement bears the letterhead of the RCMP along with the insignia of the Peacekeepers. The statement is the outgrowth of discussions held between the RCMP and the MCK after a damning article appeared in The National Post in August. That article, based upon a confidential RCMP report, misrepresented the document by claiming it established a connection between Mohawks and terrorist groups. Grand Chief Joe Tokwiro Norton said he initiated contact with the RCMP in an attempt to prompt the police force to issue a joint statement declaring The National Post's article incorrect regarding the statements about Mohawks. Norton said he initiated telephone contact with the RCMP's Deputy Commissioner regarding the MCK's concerns over the article. That contact led to a meeting between RCMP officials, members of the MCK and Peacekeeper Chief John K. Diabo on October 22. The Grand Chief expressed disappointment with the resulting statement because it fell short of what was asked for. "I have to say that I am extremely disappointed with the statement because it stops far short of what was supposed to have been a clarifying statement to refute the Post article," Norton said Tuesday. Jody Diabo, Public Relations Officer for the Peacekeepers, said the statement speaks to a basic agreement on cooperation and information- sharing between the two police forces. There are no specific joint operations taking place presently, Diabo clarified. Corporal Patrice Gelliman of the RCMP Communications Office had little more to offer than what appeared in the statement. However, he said, "It is important to develop partnerships with other police forces in the gathering and sharing of information. This is true of our relationships with other local police forces. Here, in the case of Kahnawake, we've agreed to work together to combat organized crime and terrorism and those are the two top priorities of the RCMP." Copyright c. 1997-2000 The Eastern Door. Kahnawake, Mohawk territory, QC. --------- "RE: PM ordered to testify in $1.4 Billion Lawsuit" --------- Date: Fri, 5 Dec 2003 08:35:16 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="CHRETIEN/ASSET CASE" http://www.indianz.com/News/ http://cnews.canoe.ca/CNEWS/Politics/2003/12/04/277026-cp.html PM should testify in $1.4 billion lawsuit: judge By SUE BAILEY December 4, 2003 OTTAWA (CP) - Prime Minister Jean Chretien should testify in a $1.4- billion lawsuit which claims Ottawa mismanaged an Alberta native band's oil and gas assets, says a Federal Court judge. Lawyers for the federal government and Chretien have fought for months to keep him out of court. But Justice Max Teitelbaum says the retiring prime minister's past roles as minister of Finance, Justice and Indian Affairs may mean he can offer helpful evidence in the Samson Cree case. "(Chretien's) name appears on numerous documents that are relevant in the present case," says Teitelbaum in a trial division order released Thursday. "Therefore, I am satisfied that the present prime minister should appear as a witness to relate to the court all relevant facts." Chretien's testimony could help the court "render justice to the parties, " the judge wrote. The Samson band, embroiled in one of the longest and most expensive court cases in Canadian history, called the decision "courageous." Government lawyer Alan Macleod said it's too early to say whether Chretien will appeal. A decision must be made within 10 days. "So far as things stand right now, sometime next year it looks as though he may well be a witness in the case." Testimony from a politician of Chretien's stature would be a rare spectacle. Chretien spokesman Stephen Hogue referred questions to lawyer David Scott, who was unavailable. Government lawyers at first tried to rebuff the band's attempts to call Chretien by arguing he's protected by parliamentary privilege. The immunity claim is based on an 18th-century British doctrine meant to keep MPs from being hauled into court while Parliament sits. Teitelbaum ruled that parliamentary privilege can only be invoked during parliamentary sessions, or for 14 days before and after sessions. It won't help Chretien because Parliament was shut down Nov. 12 until incoming prime minister Paul Martin starts fresh in January. Chretien hands over power on Dec. 12. His lawyer also failed to convince the judge that Chretien has no relevant evidence to contribute. "I am . . . satisfied that because of the prime minister's knowledge and experience in dealing with aboriginal matters, he will be helpful to the court," Teitelbaum ruled. The decision is a major boost in the band's quest for answers, says Marilyn Buffalo, Samson senior policy adviser. "Somebody has to be held accountable." Chretien was Indian Affairs minister in 1969 when cabinet decided how relevant oil and royalty monies would be handled, she said. The band claims federal bureaucrats mismanaged the lucrative Bonnie Glen natural gas field on the reserve, about 90 kilometres southeast of Edmonton. Samson members say the government charged inadequate royalties and failed to properly track production. In its defence, the Crown says the band signed away its mineral rights in a 1946 agreement. It also denies the funds were mismanaged, and claims interest earned was similar to that of low-risk bonds. The mammoth civil trial began in Calgary in 2000 and is expected to take several more months. Copyright c. 2003, CANOE, a division of Netgraphe Inc. --------- "RE: Judge reserves decision in Manslaughter Case" --------- Date: Fri, 5 Dec 2003 08:35:16 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FN WOMAN KILLED" http://www.indianz.com/News/ http://sask.cbc.ca/regional/servlet/View?filename=sanderson031203 Judge reserves decision in manslaughter case December 4, 2003 PRINCE ALBERT - A judge reserved his decision on a racially-charged manslaughter trial on Thursday. Anthony Barr was being tried for running over and killing a young native woman in Prince Albert. In closing arguments, Barr's lawyer called Sanderson's death a tragic accident and tried to lay the blame with the victim. He urged the judge to aquit his client. The Crown argued that Barr was playing a deadly game, hurling racial insults at Sanderson and using his truck as a shield. During the course of the trial, the court heard from two men who were with the victim the night she was killed. They say Anthony Barr shouted racial insults. They shouted back and the argument escalated into a physical fight. One of the men testified that Barr held on to Sanderson as he sped away in his truck, and Sanderson fell and was run over. But on Wednesday, the court heard a different version of the events. In a statment to police, Anthony Barr claims that he did not start the argument, but that Sanderson had attacked him. Barr admits he had been drinking heavily and taking prescription valium. He couldn't recall many details but he says he pushed Sanderson away and drove off because he was afraid of the men. Barr claims that he had no idea that the young woman had been hurt that night. When the story first broke, the Federation of Saskatchewan Indian Nations and the family of Sanderson say her death was a crime motivated by hate. The outcome of the trial is expected in mid-January. Copyright c. 2003 CBC. All Rights Reserved. --------- "RE: BIA may be ordered to review Tribal Dispute" --------- Date: Sat, 6 Dec 2003 10:37:06 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="SCHAGHTICOKE DISPUTE" http://www.pechanga.net/ http://www.ctnow.com/schaghticoke1205~story?coll=hc-headlines-local BIA May Be Ordered To Review Tribal Dispute December 5, 2003 By RICK GREEN, Courant Staff Writer The federal Bureau of Indian Affairs may still get to consider both sides in the fight over a disputed list of members of the Schaghticoke Tribal Nation, now that both sides seem to agree on the matter. In the fiercely contested bid by the Kent-based Schaghticokes for federal recognition, a list of new members filed with the BIA in September has become the source of the latest skirmish. Thursday, the Schaghticokes joined the U.S. attorney in asking a federal judge to order the BIA to consider both sides of the membership quarrel. Attorney General Richard Blumenthal has also sought to get the BIA to consider his objections to the Schaghticoke membership. The BIA has ruled, however, that it will consider only a membership list prepared by the tribe and not accept evidence from Blumenthal that argues that some new members were tricked into joining. "It is time to bring fairness back into the process," said Richard Velky, chief of the Schaghticoke Tribal Nation. "This motion allows us to put an end to the misinformation campaign being waged by our opponents." The BIA has said that for the agency to consider evidence on membership from both sides, U.S. District Judge Peter Dorsey would have to order it to do so. Under a strict timetable set by Dorsey, the last day for evidence to be submitted in the long-running Schaghticoke drama was Sept. 29. The disputed list of new members was submitted just before the deadline. The bureau will make a proposed final decision on the Schaghticoke case in January. Last year, in a preliminary ruling, the agency ruled against the tribe. The fight extends far beyond the question of whether the Schaghticokes deserve federal recognition. The tribe's opponents don't want to see another Indian casino in Connecticut. The Schaghticokes and their investors, including Subway Restaurants' founder Fred DeLuca, want to open a casino in Bridgeport or western Connecticut. "Our basic objection is that [the tribe] should not be entitled to last- minute false submissions that can't be corrected," Blumenthal said. Blumenthal, in interviews and court documents, accused the Schaghticoke Tribal Nation of tricking some members of a different Schaghticoke tribal faction into joining its side. The issue is critical because in its preliminary decision last year, the BIA said the tribal nation needed to have members of the rival Schaghticoke Indian Tribe on its membership list to improve its chances of recognition. The Schaghticoke Tribal Nation, meanwhile, said the disputed members may have been "coerced" by Blumenthal and others into renouncing their switch. Thursday, the tribe asked Dorsey to order the BIA to consider an affidavit by Velky in which he says there was no deception involved in revising the list. Copyright c. 2003 by The Hartford Courant. --------- "RE: Witnesses describe Janklow Accident Scene" --------- Date: Wed, 3 Dec 2003 08:46:13 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="JANKLOW TRIAL" http://www.indianz.com/News/ http://www.rapidcityjournal.com/articles/2003/12/03/news/janklow/news913.txt Witnesses describe Janklow accident scene By Denise Ross, Journal Staff Writer December 3, 2003 UPDATE 1:45 PM FLANDREAU -- Tuesday morning, six witnesses told the jury in Bill Janklow's manslaughter case what they saw minutes before and hours after the Aug. 16 traffic crash that killed 55-year-old Randy Scott of Hardwick, Minn. The two lawyers prosecuting Janklow began to lay out their case against South Dakota's lone congressman. The judge broke for lunch at the end of testimony from Moody County Sheriff's Deputy Troy Wellman. Wellman was the first witness from the emergency responders to testify. Testimony was scheduled to resume at 1:15 p.m. On Monday, a 13-member jury was seated. That includes 12 jurors and one alternate. Lawyers for both the prosecution and defense presented opening statements late Monday afternoon. Below is a summary of Tuesday morning's witness testimony, presented in the order the witnesses testified. * Monica Collins, a part-time church secretary and mother of three from Island, Minn., said she was driving alone, going south on Moody County Highway 13 minutes before the accident. About six miles north of the intersection where the accident occurred, Collins, who was driving south, said Janklow's white Cadillac suddenly appeared beside her vehicle, passing her. "It took me off-guard. It scared me and made me think, `Did I let off the gas? Was I going slow?'" Collins said. "It was very sudden, and zoom, it was gone." Janklow did not slow down after he passed her, Collins said. Collins checked her speed and noted she was driving between 55 mph and 60 mph, she said. While she had seen another vehicle -- a truck or an Explorer -- in her rear view mirror a short time before, Collins said she never saw Janklow's vehicle approaching from behind. "The first time I saw it, it was right next to me," she said. Collins said she met another car, going north, after Janklow had passed her and before she came upon the accident. She said she is "pretty sure" the car was white, and Janklow told law enforcement officers that he had to take evasive action to avoid a white car. * Terry Johnson, a friend of Randy Scott, was on a motorcycle ride with Scott at the time of the accident. The two had left a gathering at a city park in Pipestone, Minn. They were together at an 80th birthday party thrown for Scott's former father-in-law and were waiting for Scott's son, J.R. Scott to arrive. "Around 4 o'clock, we decided to go for an hour ride, and hopefully, when we got back to the party, J.R. would have gotten there," Johnson said. The two stopped to fill up with gas at a convenience store in Pipestone, then drove six or seven miles west to Island, Minn., and then turned west on Moody County Highway 13, the road on which the accident occurred. Just before the accident, the two motorcyclists passed a motor home because, Johnson said, he was being peppered with rocks. Scott's bike had a windshield, and he wasn't suffering the same thing, Johnson said. "I looked into my rearview mirror and could see Randy's head light. As we passed through the intersection, I glanced to see if he was coming beside me. There was no headlight. I knew something was wrong, I just didn't know what," Johnson said. Johnson soon turned around and returned to the intersection, where he saw a motor home parked and people standing in the area. He went and found Scott lying dead in a soybean field. "He was laying on the ground, face up. There was no pulse. He had two deep lacerations, one along his chest and one on his abdomen," Johnson said. * Brad Isle, a trucker from Pipestone, Minn., was driving the motor home that Johnson and Scott passed just before the accident. He estimated he was about an eighth of a mile from the intersection when the accident happened. "I seen a blimp of a white car in the intersection and seen the second rider flying in the air," Isle said. Isle told his wife to call 911, and he went out to the field, where he and a friend found Scott's body. Isle and his friend found the body and left the field before Johnson arrived at the scene. Janklow's lawyer, Ed Evans of Sioux Falls, made the point that the tall corn blocked the view of traffic even in the elevated position of a motor home. Isle agreed. * Patty Jenkins and Michael Jenkins, a wife and husband from Garretson, were driving north on Highway 13 and approached the intersection at the same time Janklow did, but from the opposite direction. Both Jenkins testified that Janklow's car was spinning out of control and coming towards them after the collision. Michael Jenkins was driving, and he pulled into the farm place at the intersection. Michael Jenkins went to the house to call 911, and Patty Jenkins went to the Cadillac across the road and in the ditch. Janklow aide, Chris Braendlin, was a passenger in Janklow's car and had gotten out by the time she got to the car. Braendlin was helping Janklow out of the car, she said. Patty Jenkins spoke briefly with the two men, primarily to ask if they were each OK. Michael Jenkins left the house and went to the field, where he, too, saw Scott lying dead. Janklow asked Jenkins what he saw and what had hit his car, Jenkins said. Specifically, Janklow asked if Jenkins saw the white car -- a car that might or might not have been present. Later, Braendlin approached Jenkins and asked if he had any candy for Janklow, who is a diabetic. Moody County State's attorney noted that two EMTs had visited with Janklow and Braendlin at their vehicle, and that they had not requested any food at that time. And, Ellingson said -- and Jenkins agreed -- that Braendlin did not move on to emergency service personnel on the scene after Jenkins said he did not have any candy or food. Braendlin returned to the car, Jenkins said. * Moody County Sheriff's Deputy Troy Wellman arrived at the accident scene at 4:52 p.m., nine minutes after he got a call from dispatch. He said Janklow did not seem confused or disoriented and he had no trouble speaking, Wellman said. Copyright c. 2003 The Rapid City Journal. --------- "RE: Janklow Guilty, To Resign" --------- Date: Mon, 8 Dec 2003 18:44:08 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="JANKLOW GUILTY" http://www.pressanddakotan.com/stories/120803/new_20031208001.shtml UPDATE: Janklow Guilty, To Resign By CARSON WALKER Associated Press Writer December 8, 2003 FLANDREAU -- U.S. Rep. Bill Janklow, a towering figure in South Dakota politics for a quarter century, said Monday he will resign his seat in the U.S. House, effective Jan. 20. That's the same day he's scheduled to be sentenced for a second-degree manslaughter conviction a Moody County jury handed down to the 64-year-old Republican on Monday. "I wish to inform you that because of present circumstances, I will be unable to perform the duties incumbent on me in representing the people of South Dakota as their U.S. representative," Janklow wrote in a letter that he said was to be sent to House Speaker Dennis Hastert on Tuesday. "Therefore I wish to inform you that I will resign from the House of Representatives, effective Jan. 20, 2004." Janklow's letter said representing South Dakota in all his various roles over the years "has brought a treasure of memories and friends. This includes the year I have spent in the U.S. House. Thank you for all the courtesies you have extended to me and the people of South Dakota." Janklow also was convicted of misdemeanor charges of reckless driving, running a stop sign and speeding for a crash south of Flandreau that killed Randy Scott, 55, a motorcyclist from nearby Hardwick, Minn. Second-degree manslaughter carries a maximum penalty of 10 years in prison and a $10,000 fine. The conviction prompts an investigation from the U.S. House ethics committee. Janklow had not talked about his political future since the accident. Democrat Stephanie Herseth, who lost to Janklow in 2002, said in late October she intends to run for the House again but won't make a formal announcement until after the first of the year. Republican John Thune, who formerly held South Dakota's lone U.S. House seat, hasn't indicated whether he'll run for anything in 2004. He has been mentioned as a possible challenger to Senate Minority Leader Tom Daschle, D-S.D., but some Republicans want Thune to run for Janklow's seat instead because they believe he stands a better chance against Herseth. The ethics committee's rules say representatives who plead guilty or are convicted of a crime that carries two or more years in prison should refrain from voting in the chamber until his or her record is cleared, or until re-elected. A special election will be held during South Dakota's June 1 primary to fill the remainder of his term. Copyright c. 2003 Yankton Daily Press & Dakotan. --------- "RE: Family's missing Son got different Treatment" --------- Date: Thu, 4 Dec 2003 08:58:11 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="POLICE INDEFFERENCE" http://www.indianz.com/News/ http://www.grandforks.com/mld/grandforksherald/7408841.htm Turcotte family wants same attention for their case By Stephen J. Lee Herald Staff Writer December 4, 2003 Like Dru Sjodin, Russell Turcotte disappeared from Grand Forks. Like Dru, Russell last was heard from on a telephone call to a loved one. Like Dru, Russell had a mother and father and loved ones and friends who by the next day worried that something bad had happened. And like Dru, Russell had people who cared who contacted Grand Forks police the next day to say something was wrong, that their child was missing. Like Dru's parents, Russell Turcotte's parents are divorced and live in different towns. But that's where the similarities begin to diverge. Russell last was heard from July 13, 2002, from a truckstop in Grand Forks; he was on the telephone to his mother, Linda Flynn, who was in his hometown of Wolf Point, Mont. She promised to wire him money the next day to Grand Forks so he could finish his hitchhiking trip faster by bus to make a wedding in Montana. But the money was never picked up, and Russell was never heard from again. Dru's case became a criminal case and a suspected abduction within 12 hours of its being reported to police. Within a day or so, hundreds of volunteers were searching fields near Grand Forks and Crookston for her. But in Russell's case, it took months for the family to convince law enforcement to mount a search. And it never involved 1,700 volunteer searchers joining 100 or more law enforcement officers from 21 federal, state and local agencies, like the search Wednesday for Dru. When Russell's family mounted their own search, using a Texas outfit and pleading with Grand Forks police, the police finally became involved in October last year, three months after Russell disappeared. But the search involved only a few law enforcement officers and a couple of dozen volunteer searchers. Instead of the dozens of news reporters from national and regional companies and regular coverage on national TV shows, Russell's case attracted only fleeting news media attention. Russell Turcotte's disappearance took a long time to become a search. He was 19 when he disappeared. Bringing it back Flynn said when she first called police July 14, a dispatcher, when learning Russell's age, chuckled and told her to wait a few more days. She then was told to file a missing person report through her local police agency, in Wolf Point, Flynn said. That meant Grand Forks police did not have primary jurisdiction, which didn't help, she said. It wasn't until Nov. 2, 2002, that a farmer hauling cattle accidentally found Russell's remains in a tree row near U.S. Highway 2, near Devils Lake, about 60 miles west of Grand Forks. Dru's case brought it back for Russell's family. "Immediately, on hearing of her disappearance, it was like someone kicked me in the stomach," said Bill Turcotte, Russell's father, who lives in Chinook, Mont. "It brought back all of the feelings from when Russell was missing. We are feeling bad for Dru's parents and voice our support for them and add our prayers for them." But he was struck by differences in the cases. "When they reported Dru missing, law enforcement was right on it. That was great for the family," Turcotte said. "It never happened for my son. They didn't respond at all. It bothers me that we never got that courtesy and response." Grand Forks Police Chief John Packett said he sympathizes with Russell Turcotte's family, as with any family who loses a child. If the circumstances had been the same in Turcotte's case, and police knew the same information, the response would have been similar, Packett said. Turcotte's family isn't the only one struck by the massive outpouring of support for Sjodin's family, said Lt. Byron Sieber of the Grand Forks Police Department. "Anyone around the country who has lost a child, and has been watching this, would ask, 'Why wasn't this done for my child?'" Packett said the case is unprecedented in his experience in terms of the support from other law enforcement agencies, the volunteer turnout and the news media focus. Sieber points out that there are some unusual facts in the Sjodin case that have grabbed the nation's attention. "She was young, female and attractive, and she was shopping at a mall we all use. This could happen to any of us," Sieber said. The abrupt interruption of her cell phone call with her boyfriend, as she cried, "Oh my God," at the time she is thought to have been kidnapped by Alfonso Rodriguez, Jr., adds frightening drama to Sjodin's case, Sieber said. And the cell phone signal tracked to a relatively small area between Crookston and Grand Forks gave a shape to the investigation most missing persons cases don't have, Sieber said. Lifestyle, race? Russell Turcotte's vagabond lifestyle, being often on the road, hitchhiking, made it more difficult for law enforcement and the public to be certain that he was missing or harmed, and not just traveling. "They just acted like this was a little hippie kid who wandered off, and we told them that isn't the case," Turcotte said. "Why they wouldn't take us serious but took everyone else in this case dead serious the minute she wasn't there." Bill Turcotte also thinks that the fact that Russell was an American Indian, an enrolled member of the Turtle Mountain Band of Chippewas in North Dakota, like his father and siblings, affected the search for his son. Linda Flynn is an enrolled member of the Assiniboine Sioux tribe in Wolf Point. "What is different about Russell's disappearance and subsequent murder, other than our son is obviously Native American, and we are also," Turcotte said. "Now, you have a blond-haired, blue-eyed white girl. Where is the justice? Where is the equality? It doesn't seem to be there." His son had no governors speaking out on his behalf, Turcotte said. North Dakota Gov. John Hoeven and Minnesota Gov. Tim Pawlenty both have spoken much about the tragedy of the Sjodin case. His family received a free meal or two in the truckstop where Russell last was seen. And a billboard company donated a sign for months. And they expressed gratitude for all the help they received. Sjodin's family also has expressed thanks for all the help, which has included being put up at the Hilton Garden Inn and having meals paid for. UND and the city of Grand Forks have joined in the effort to help pay the family's costs, city officials have said. Russell's parents emphasize that they think the Sjodin family deserves all the support they receive. "We were amazed at the difference in turnout," Bill Turcotte said. "We hope maybe we taught them something, the fact that they didn't get right out and look for Russell, and then later found out maybe they should have. I hope they did learn something from what they didn't do for my son Russell." Now, for Russell's family, the waiting is to find who killed him and left him in a lonely North Dakota tree row. "I'm going to always try to be optimistic about finding who killed him," Flynn said. "We will do all that we can to make sure that happens, somewhere, in some fashion. We just won't give up. It's been a fight from the beginning, because he was worth it. He was our son." Copyright c. 2003 Grand Forks Herald/Grand Forks, ND. --------- "RE: Second Man arrested in Anna Mae Slaying" --------- Date: Wed, 3 Dec 2003 08:46:13 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="ANNA MAE" http://www.rapidcityjournal.com/articles/2003/12/03/news/state/news02.txt Second man arrested in AIM slaying By Carson Walker, Associated Press Writer December 3, 2003 FLANDREAU - A second man wanted for the 1975 slaying of American Indian Movement activist Anna Mae Pictou-Aquash has been arrested, Patrick Charette, a spokesman for Canada's Department of Justice, said Tuesday. John Graham, also known as John Patton, has been jailed in Vancouver, British Columbia, Charette said in a telephone interview from Ottawa. U.S. Attorney James McMahon of South Dakota said he was told Graham was picked up in Vancouver. Graham is from Canada and has been on the loose since he was indicted earlier this year. He and Arlo Looking Cloud are charged with first-degree murder in the killing of Aquash on the Pine Ridge Indian Reservation. "He has been arrested on what we call a provisional arrest, on behalf of the Americans," Charette said. The United States now has 60 days to file an extradition request and supporting documents. After that, Canada has 30 days to determine if the matter should be sent to a Canadian court, Charette said. If the case will proceed, it will go to an extradition judge and be argued in court, he said. Extraditing Graham could take time, so prosecutors still plan to try Looking Cloud, whose trial is scheduled for February in Rapid City, McMahon said. "It's going to be awhile before that's taken of," he said of the extradition. "We'll go forward with Arlo's trial as scheduled." Catherine Martin, a spokeswoman for Aquash's two daughters, said the family is relieved but cautious. They found out overnight, she said. "They have a great amount of relief today," Martin said. "It's another hoop. But it's a big one." A March 20 indictment accuses Graham and Looking Cloud in the fatal shooting of Aquash, 30, about Dec. 12, 1975. They would serve mandatory life prison terms if convicted. American Indians have said for years that federal investigators and prosecutors knew who took Aquash from a home in Denver, drove her to Rapid City and then to the Pine Ridge reservation and executed her. In a 2000 interview with the Canadian Broadcasting Corp. show "The Fifth Estate," Graham denied any involvement. "I wasn't there, and I didn't witness it. And that's all I can say about that," he said. Graham did acknowledge being with Aquash when she left Denver though he said she was not kidnapped. "That's all I'm going to say on that. If other people want to put themselves there, let them put themselves there," he told the CBC. Looking Cloud is a Lakota Indian who grew up on the Pine Ridge reservation. A former classmate said Looking Cloud moved to Denver after high school. Most recently, he was homeless. In the 1970s, Graham and Looking Cloud did low-level security at AIM events, according to Paul DeMain, editor of News From Indian Country, a newspaper. Copyright c. 2003 the Rapid City Journal. --------- "RE: Leonard responds to the arrest of John Boy Graham" --------- Date: Fri, 5 Dec 2003 23:36:39 -0500 From: info@leonardpeltier.org Subj: Leonard Responds to the Recent Arrest of John Boy Graham in Vancouver, BC >To: gars@speakeasy.org Mailing List: Leonard Peltier Defense Committee PO Box 583 Lawrence, KS 66044 www.leonardpeltier.org Leonard Peltier Defense Committee Leonard Responds to the Recent Arrest of John Boy Graham in Vancouver, BC It is obvious to anyone who looks at the past few years with an open mind and a remembrance of COINTELPRO, that the FBI's program of misinformation and discrediting of activists is alive and well. I encourage all who come into contact with this finger-pointing behavior to also look at the person pointing. Your commitment to a cause, for the most part has to include a dedication to non-combat with your own people. If you get caught up in a combative cycle you will spend most of your time fighting rumors and accusations an each other. When we talk of sovereignty, we must be willing to solve our own problems and not go running to the oppressor for relief. Since the Patriot Act was passed, the government has gone back through records and is trying to re-file on anyone it can, in any way. If you look at the history of colonization world-wide, the oppressor always identifies the individuals within the resistance movement that they can buy off and starts funding them. They likewise start neutralizing their opposition by discrediting individual leaders by whatever means necessary; it is the old "Divide and Conquer" routine. There are a lot of people in Indian Country claiming to know this or that about someone else. Ask for proof, if you're going to consider their words. All the rumor mongers have scenarios they've come up with to, in essence, set a trap for anyone willing to listen. My father once said that our greatest weaknesses have always been booze, flattery and jealousy. If you look closely, you will find one or more of these at the foundation of the finger pointing. Growing up, I always heard my people say, "Ignore people's misstatements about you and live your life so that all can see your true character". With today's technology of media, it has been found through surveys that a statement, whether true or not, is taken for truth if not countered within a 24-hour period. As the old saying goes, "A lie will travel around the world, while the truth is just putting its boots on". I have been in prison for over 27 years because of lies about myself, my people and my culture so I am sensitive to those who would make quick judgments without knowing the facts of a case. Notice that I say "knowing", not "believing". I fear that John Boy will not receive a fair trial in the US anymore than I did. I must remind you, it is court record that the FBI lied to extradite me back to the US. I know that their behavior hasn't changed just as I know that Anna Mae was not an informant. As much as I want justice for Anna Mae, I likewise do not want an injustice to be enacted against one of own in the name of crime-solving- so that some finger- pointing government lackey can get a feather in his cap. The death of Anna Mae should be considered Indian Business- Indigenous Nation to Indigenous Nation. We still have within the framework of our culture the capacity to deal with our own problems and mete out the appropriate punishment, according to the offense. Anna Mae was a victim of the oppressor-any person who had part in her death likewise, in some form is and always will be a victim; for what person can ever feel good about the death of a beautiful young Indian woman, mother and activist for her people? Those responsible for her death, whether they pulled the trigger or not, must surely suffer strongly from their own fears as to want someone as her no longer among the living. Some of my brothers and I once had a conversation about such possibilities and it was unanimous: we are not here to fight our own people and to take the life of even one of our own would discredit our cause. Likewise, it will not serve us to take the life of anyone. Our battles have always been in defense and to keep the enemy back while using the media to let average Americans know what was being done to our people in their name with their tax dollars. Someone once said that you can measure the stature of a man by the size of his enemy... With that in mind, I say to our people, "We have been and still are at odds with the most dangerous, well-funded, strongest military and political organization in the history of the world." If you sometimes feel overwhelmed, as I sometimes am, then remember Geronimo, Crazy Horse, Sitting Bull, Osceola, Tecumseh and a host of others-you are in good company. I am proud to be a Native American because my people before me stood up against overwhelming odds so that I might have a chance to exist. They were successful, as I am living proof. I pray to the Creator that the future generations will feel the same about us because we will stand up and will be successful and they will be living proof. Stay Strong My Relatives. In the Spirit of Crazy Horse, Leonard Peltier --------------------------------------------------------------------- To subscribe, send a blank message to lpdc-on@mail-list.com This message was launched into cyberspace to gars@speakeasy.org --------- "RE: NCAI: From Leonard Peltier to Tex Hall" --------- Date: Sat, 6 Dec 2003 10:37:06 -0700 From: Gary Smith Subj: NA News Item - - - - - - -- - - - - - - filename="FBI BULLSHIT AND INDIAN WAY AT NCAI" http://www.pechanga.net/ http://www.indiancountry.com/?1070553637 From Leonard Peltier to Tex Hall, a day in the life of NCAI December 04, 2003 by: Brenda Norrell / Correspondent / Indian Country Today ALBUQUERQUE - When FBI Director Robert S. Mueller III finished his address to the National Congress of American Indians, he quickly left without taking questions. Flandreau Santee Sioux Councilman John Paul Roy's comments trailed him out of the conference room at the Albuquerque Convention Center, swept earlier by FBI bomb squad and search dogs. In the hall, this was the buzz. "Leonard Peltier has been in prison for 28 years for something he did not do and they need to look into all the other cases," Roy said, repeating the words he said to the fleeing Mueller. Rosebud spiritual leader Leonard Crow Dog and friends from Pine Ridge listened outside, as Roy shared his comments to Mueller. Roy said, "When he left, I said, "Aho!" Roy said it was an insult for Mueller to come before NCAI and begin his remarks with the words of Chief Joseph. Roy said there was another Nez Perce, Roy's friend Joe Stuntz, who was a good man, and willing to die. Stuntz was shot at the Jumping Bull residence on Pine Ridge in South Dakota on June 26, 1975, during the shootout when two FBI agents were killed. "I take offense to it," Roy said of Mueller's words and quick departure. "The FBI has never owned up to that day. They definitely came into the Pine Ridge Indian reservation and started a gunfight." Roy said after the occupation of Wounded Knee, there were drive-by shootings and the Jumping Bulls asked the American Indian Movement to protect children and elderly. Roy was 11 at the time and went with his mother and father, Patricia and Jerry Roy, to the trial of Leonard Peltier. Now he is a Flandreau Santee Councilman and reacted to Mueller, pointing out that the FBI came before the National Congress of American Indians and swept it with a bomb squad and search dogs before Mueller spoke. "I thought it was very inappropriate. They thought of us as some kind of terrorist group, like there was a reason to think his life was in danger. "Leonard Peltier needs to be set free. There was never any evidence to prove he shot those agents. They had to `nail' someone." Roy said there have been a large number of murders on Pine Ridge and elsewhere in Indian country, questioning justice in this country. "Let's see what they do with Michael Jackson and Rep. Janklow." Roy said U.S. Rep. Bill Janklow of South Dakota, charged with second-degree manslaughter, killed a person and should serve time. "They'll probably slap his hand and ask him to step down." Jackson was recently arrested for child molestation of a boy. Earlier, during his address, Mueller said Indian country would be included in counter-terrorism activities, but did not make promises considering funding for Homeland Security in Indian country. On the same day, in this life of a day at NCAI Nov. 20, across the street at the Hyatt, two Indian women from northern Maine relaxed, happy with the passage of a resolution that strengthens the sovereignty of Indian tribes in the Northeast. Councilwomen Victoria Higgins and Blanche Jewel, Aroostook Band of Micmac, said NCAI's resolution affirming and strengthening sovereignty in the Northeast is important because states are attempting to strip away their inherent sovereignty and encroach on their jurisdiction. Coming from the land of fiddlehead ferns, moose, deer and bear, Higgins said the state of Maine has a narrow view of Indian tribes. The state government views all tribes as having the same culture and fails to recognize their diversity and uniqueness, she said. Aroostook tribal members