Thursday, March 12, 2009

Cesar Caballero Carries Battle for Miwok Indians

Our friend, Cesar Caballero is in the news again, this time in the Sacramento Bee, who has the latest in his story on his fight over the status of the SHINGLE SPRINGS TRIBE.


Cesar Caballero has fired the latest volley in the battle over which tribe is actually the Shingle Springs Band of Miwok Indians and, ultimately, the owner of the Red Hawk Casino.

He filed a countersuit against the casino tribe on Feb. 17, claiming it is fraudulently using the identity of the Shingle Springs Band of Miwok Indians.

The tribe operating the casino was originally the Sacramento Verona Band of Indians, made up of Maidu Indians and Hawaiians, Caballero told The Bee.

Caballero says he is the elected chief of a tribe of 300 descendents of El Dorado County Miwok Indians who are being denied their tribal rights, including land on the Shingle Springs Rancheria and proceeds from the new casino.

The countersuit is not driven by greed, he said. His tribe is willing to share the casino profits and land on the Shingle Springs rancheria with the casino tribe.

"It's not about that (the casino)," Caballero said. "It's straight up about our identity. Whatever comes with it, it's the identity."

He said his tribe should be eligible for the health care, land grants and other benefits that come with being a federally recognized tribe.

Calls from The Bee to Nick Fonseca, chief of the Shingle Spring Band of Miwok Indians, and to a spokesman for Red Hawk Casino were not returned Wednesday. OP: OF COURSE NOT!

Caballero hopes a jury will stop the casino Indians from using the name Shingle Spring Band of Miwok Indians and from operating the casino.

They also are seeking unspecified damages.

Attorney Brad Clark said Caballero's tribe also is considering asking the Bureau of Indian Affairs for federal recognition as the Shingle Springs Tribe of Miwok Indians.

Clark said both tribes could conceivably share the same federal recognition.

He said the case offers the tribe led by Caballero "an open field in their pursuit of federal recognition."

If the casino tribe asks the court to dismiss Caballero's case and loses, the BIA will be "more open to discussions with the indigenous group about federal recognition," Clark said.

"If we get defeated soundly … we anticipate the BIA will react in kind on our application."

If it were turned down by the BIA for federal recognition, Clark says, the tribe could return to court.

Because of its status as a sovereign nation, Caballero would have had a difficult time pursuing a suit against the casino tribe without his being sued first, Clark said.

In January, the tribe did sue, contending that Caballero was infringing on its registered trademark by using its name. The tribe is seeking a permanent court order to keep Caballero from using the name Shingle Springs Band of Miwok Indians. It also wants Caballero to stop representing himself as being affiliated with the tribe. The suit seeks unspecified damages, attorney's fees and any profits Caballero has made using the name.

The tribe has until March 26 to respond to Caballero's countersuit.

6 comments:

Allen L. Lee said...

"Cesar Caballero Carries Battle for Miwok Indians

...Attorney Brad Clark said Caballero's tribe also is considering asking the Bureau of Indian Affairs for federal recognition as the Shingle Springs Tribe of Miwok Indians.

Clark said both tribes could conceivably share the same federal recognition.

He said the case offers the tribe led by Caballero "an open field in their pursuit of federal recognition."

If the casino tribe asks the court to dismiss Caballero's case and loses, the BIA will be "more open to discussions with the indigenous group about federal recognition," Clark said.

"If we get defeated soundly … we anticipate the BIA will react in kind on our application."

..............................

The core of my arguments right there, "the right to be recognized."

Obama is willing to talk to Taliban dissidents:

"WASHINGTON (March 8) - President Barack Obama says he hopes U.S. troops can identify moderate elements of the Taliban and move them toward reconciliation."
http://news.aol.com/main/obama-presidency/article/obama-says-us-may-reach-out-to-taliban/373693

and U.S. officials can meet with stateless Palistinians refugees:
"...George Mitchell was seen entering Palestinian President Mahmoud Abbas' headquarters in the West Bank town of Ramallah and was due to meet later in the day with Prime Minister Salam Fayyad."
http://www.startribune.com/38527672.html?elr=KArksDyycyUtyycyUiD3aPc:_Yyc:aUU


...but U.S. officials ignore dis-affected people from indigenous nations in the U.S. and say it is an internal problem?

Anonymous said...

www.tribalpolice.org

Anonymous said...

Those Miwoks living off the reservation and in Shingle Springs El Dorado County have no clue who this Cesar guy is or where he came from. Better check him out on your own before aligning with someone worse than the devil you know.

Anonymous said...

I guess that would make those people you mentioned stupid and uninformed?

Anonymous said...

Cesar Caballero was never elected as "Chief". No those individuals are not stupid nor are they unimfromed. They are the Tribe and if the tribe does not know him then who elected him? He was never elected. If he were he would be able to produce the minutes the ballots and names at that meeting he suggest he was elected at. Cesar has stood in the way of meetings of the tribe, election of committees and progress in our petition to the BIA. He may have lost us the last chance we had.

Anonymous said...

Cesar Caballero is from San Diego. He was never even around El Dorado, until after The Red Hawk Casino opened. This alone, suggests, that he is trying to piggy back off of The Red Hawk peoples accomplishments. The tribe he claims to be a chief of, is imaginary. In fact, no one even knows who this guy is. He certainly did not grow up on the Rez, or in El Dorado for that matter. This gut lives in a totally delusional state, it seems. It just goes to show you that the prospect of money makes people do very strange things..