Tuesday, March 20, 2012

This Week in March 2006, Paulina Hunter Descendent Were Notified of Disenrollment By Corrupt Pechanga Tribal Council Led By Mark Macarro

That's six years that Hunter descendents have been stripped of their tribal citizenship, due to unconstitutional actions by the corrupt Pechanga Tribal Council and by collusion with enrollment committee members, including Bobbi LeMere (who, in a quid pro quo, got her sisters enrolled in the tribe, even though scores of others were in the moratorium  READ Corruption Exposed… )  Ruth Masiel, matriarch of the crime family and mother of councilmember Andrew Masiel Sr. and Frances Miranda, who two years before, had seen to it that her OWN FAMILY members, the descendent of Manuela Miranda were also stripped of their citizenship.


Concerning Disgraceful Actions by the Pechanga Tribal Council

In a notice dated August 7, 2006, the descendants of Paulina Hunter, an original allottee of the Pechanga Indian Reservation, were informed that the Pechanga Tribal Council and the Pechanga Enrollment Committee had denied their appeal to over-turn the Enrollment Committee’s earlier decision to disenroll the family.

The Hunter Family members were disenrolled in March of this year when the Enrollment Committee concluded that their ancestor, Paulina Hunter, was not a Temecula Indian.
Along with disenrollment notices from the Enrollment Committee, a memo from the Tribal Council explained that it had decided that a law passed by the Tribe’s governing body in July 2005 to bar future disenrollments applied to all tribal members except the Hunter Family.

The disenrollment of the Hunter family was initiated when several statements were presented to the Enrollment Committee claiming Paulina Hunter was non-Indian or not a member. One such letter came from a convicted felon serving time in the California State Prison system for child molestation.

In response to the allegations, the descendants of Paulina Hunter provided numerous documents as proof that Paulina Hunter was indeed of Indian ancestry and was an original Pechanga/Temecula Indian. These documents were required to be certified, while the "so-called evidence" against the family was neither sworn, nor certified. They disregarded evidence, while accepting hearsay.

In fact, a report prepared by Dr. John Johnson, the curator of anthropology at the Santa Barbara Museum of Natural History, at the request of the Enrollment Committee concluded that a "preponderance of the evidence" from surviving historical records and census documents shows that Paulina Hunter was a Pechanga member who lived in Temecula and was allotted reservation land. There is no greater authority on this issue than Dr. Johnson. The research was almost two thousand dollars, but the tribe was not charged for all the preparatory work that Dr. Johnson had done throughout his career, surely saving the tribe more than $10,000

"My feeling is it's a faulty interpretation of the record to reject this family. Paulina Hunter was definitely a core member of the Temecula Band of Luiseño Indians," Dr. Johnson said. "I don't understand the decision other than it is not based on fact. It is based on conjecture and politics."

The disenrollment of the Hunter family is the second such disenrollment of a large family from the Pechanga Band. Each has occurred just months before scheduled tribal elections for Chairman and Tribal Council.
The expulsions of the 2 families removed significant opposition to the current administration and others running for tribal office.

Each “disenrollment” was done in violation of both tribal and federal laws which are intended to protect the rights and privileges of tribal members.

Specifically, the members were denied the due process and equal rights protections provided in the Indian Civil Rights Act, as well as language in the Band’s Constitution and Bylaws which mandates that tribal officials uphold the individual rights of each member without malice or prejudice. The disenrollments reduced the Pechanga Band's enrollment by nearly 30%, and each enrolled member, including those responsible for the violations of human and civil rights, could reap additional profits in the tens of millions of dollars.

Here are some of the infractions the Bobbi LeMere led committee committed:

The Appeal Procedures state that the purpose of the appeal is in identifying any infraction to the disenrollment procedure or any unfair and/or partial handling of a disenrollment case pursuant to Procedures § 9, page 4. The Enrollment Committee committed numerous errors or infractions of fundamental Pechanga law and procedural Pechanga law as follows:

1. Knowingly violated the will and intent of the General Council by continuing disenrollment proceedings after General Council’s vote to suspend all disenrollment;
2. Erroneously made determinations in contradiction of Dr. John Johnson’s anthropological report prepared on behalf of the Enrollment Committee;
3. Erroneously based disenrollment on an issue allegedly found in the enrollment application which applies to persons applying for membership after 1996;
4. Erroneously relied on a personal statement of recognition from the Dept. of Interior 1928 application over numerous other more credible sources;
5. Erroneously relied on a personal statement from the Dept. of Interior 1928 application of a person who is not a direct ancestor of Appellants;
6. Erroneously interpreted the personal statement in the Dept. of Interior 1928 application that San Luis Rey Mission Indian is not synonymous with Pechanga or Temecula Indian;
7. Erroneously made a finding that the Pechanga Reservation contained distinct Tribes—Temecula and San Luis Rey;
8. Violated the Pechanga Band Constitution by imposing a more restrictive membership standard than contained in Article II: Membership;
9. Ignored the Official Enrollment Book of 1979 as the original source document for determining Membership as stated in the Constitution;
10. Violated the Pechanga Band Enrollment Committee Guidelines by conducting disenrollment procedures without a lawful quorum and by reviewing disenrollment cases out of order for the purpose of stacking the Committee;
11. Contradicted previous actions and decisions of the Enrollment Committee;
12. Failed to indicate any mistakes or irregularities in the Appellants enrollment and failed to conduct the review of the Appellants’ case in a fair and/or impartial manner;
13. Violated the Indian Civil Rights Act by retro-actively applying 1996 Enrollment Application to Appellants;
14. Violated Constitution and Disenrollment Procedures through application of more restrictive standards;
15. Acted negligently in the review of the Appellants case.

Council member Andrew Masiel should have recused himself, as he was judging an appeal on an issue in which he had guided his MOTHER and his aunt, Ihrene Scearce.

Corruption, Greed, Denial of Civil Rights, Theft, Dishonor, all in the month of March....

23 comments:

smokeybear said...

And these "Shamefull Acts," by a "Corrupt and Criminal Tribe" know as the "Pechanga Band Of Luiseno Indians" continues their "Treachery" against true "Lineal Decendents!" Illegal as it is, the
"Larsonous B.I.A. chooses to back these "Criminals." So where is the "Justice?"

'aaamokat said...

Article V of the Temecula Band of Luiseno Mission Indians’ constitution and bylaws, sometimes referred to as the Pechanga Band of Mission Indians (title from the Band’s constitution and bylaws preamble), states the following

“IT SHALL BE THE DUTY OF ALL ELECTED OFFICERS OF THE BAND TO UPHOLD AND ENFORCE THE CONSTITUTION, BYLAWS, AND ORDINANCES OF THE TEMECULA BAND OF LUISENO MISSION INDIANS; AND, ALSO TO UPHOLD THE INDIVIDUAL RIGHTS OF EACH MEMBER WITHOUT MALICE OR PREJUDICE.”

violations of the equal protection clause in the Band's constitution and bylaws, and there are others besides these, are shown below:

"Council member Andrew Masiel should have recused himself, as he was judging an appeal on an issue in which he had guided his MOTHER and his aunt, Ihrene Scearce."

Also, that Andrew Masiel's mother, Ruth Masiel and Ihrene Scearce are also the sisters of a witness against the Hunters, Raymond Basquez Sr, and are closely related to others who presented statements against the family's tribal citizenship and of course Andrew Masiel was also closely related to witnesses against the Hunters.

So no matter what the tribe says in official statements about guaranteeing fairness and providing due process for disenrollees, nothing could be further from the case.

The Hunters were disenrolled by nothing short of a kangaroo court and none of their rulings would ever up on the basis of their merits in any fair and impartial court proceeding.

'aamokat said...

“IT SHALL BE THE DUTY OF ALL ELECTED OFFICERS OF THE BAND TO UPHOLD AND ENFORCE THE CONSTITUTION, BYLAWS, AND ORDINANCES OF THE TEMECULA BAND OF LUISENO MISSION INDIANS; AND, ALSO TO UPHOLD THE INDIVIDUAL RIGHTS OF EACH MEMBER WITHOUT MALICE OR PREJUDICE.”

Below are more violations of the Band's constitution and bylaws, and there are others as well.

"a memo from the Tribal Council explained that it had decided that a law passed by the Tribe’s governing body in July 2005 to bar future disenrollments applied to all tribal members except the Hunter Family"

The tribal council did not have the authority to bypass a duly passed law as the General Membership is the final authority in all matters of tribal government except where stipulated in the constitution and bylaws, and it doesn't specify anywhere that the tribal council or even the enrollment committee can supercede the wishes of the people on matters of enrollment or disenrollment.

Article VIII, under meetings, states the following:

"THE SIMPLE MAJORITY OF MEMBERS PRESENT SHALL RULE AND DECIDE IN ALL MATTERS OF GOVERNMENT AND BUSINESS OF THE BAND, UNLESS STIPULATED OTEHRWISE IN THESE BYLAWS."

In fact the general membership did overrule the decision by the enrollemnt committee to not enroll the lineal descedants of Rose Murphy in 1986 when the people voted to take them in as tribal members, among them sitting tribal coucilman Russell Butch Murphy.

So Mr. Murphy is living breathing proof that the people are the final authority in such matters, a clear tribal legal precedent.

But, as I have said a number of times, if a tribe doesn't follow their own rules, who can make them do so?

One of our critics from the Pechanga tribe likes to say that we should get on with our lives and be like all other normal Americasn citizens.

Well normal American citizens have civil rights which Native Americans, who are also normal American citizens, don't have civil rights within their tribes or on their reservations.

Anonymous said...

Mark is in deeper than he ever thought he would have to go. The lies and misinformation he and his wife’s consulting firm continue to spread will be his downfall. Lying to cover up your desperate attempt to change history will backfire on you Mark like nothing you ever expected. Your brother John, has used the tribes sovereignty to shield you and corruption as you falsify the tribes history and allow corruption to flow through and you paint your lies in a corner. The Pechanga legal department assisted the corruption with written documents that will continue to be presented to lawmakers as proof that Pechanga does not follow custom and tradition, and legally has used government positions to try and erase family lines who do not agree with the corrupt factions of the Pechanga Indian reservation. One of the biggest mistakes you have made is allowing the use of the Legal department to send out a memo saying that the tribes General membership cannot determine membership issues, when you know how your friend sitting next to you on the council had to go to the General membership and ask to be adopted according to custom and tradition. Allowing corrupt information to be used to follow through on illegal actions of elected officials is serious and you yourself know that written documents will erase any thing you say to the contrary. Jennie will be facing embezzlement charges, will you be next?

Anonymous said...

So when does the Interior Dept. have to approve a Tribe's Constitution if it has no meaning whatsoever in real life applications?

Anonymous said...

The re-hashing of history and its outcome will not change either. Please know, dear Reader, the Hunter clan failed to carry the burden of proof to establish its tribal membership credentials while the clan had an opportunity to do so during the simple due process applying to its case. The clan did not have the facts on its side. As a result, the enrollment committee did its job to remove this clan. Meanwhile, attacking others or the process cannot alter either the existing facts or the record showing a lack of facts in this matter. Still squawking in bitterness and anger about its removal, the Hunter clan will never advance the reversal of the decision to remove it, not even by a nano-inch. Hence, this squawking only serves to continue the slinging of dirt at Pechanga, in order to satisfy a low desire of vengeance on the part of the Hunter clan. Pechanga has sent this clan on its way, for good reason, and one day it will go away.

Anonymous said...

The Hunter Clan did have all its documentation the enrollment committee even paid Dr John Johnson an renown anthropologist that even wrote a letter on behalf of the hunters to stop there disenrollment. Then you have the enrollment committee saying it won’t matter what you bring in you will be disenrolled anyways. As far as going away the hunters are original Allottees eve the B.IA. Recognize them as being from Pechanga but not members figure that out. Then you have the Leyva line with no documentation except for the forge ones Irene did will she worked in the Riverside B.I.A. then there Ruth Jenny Miranda’s mom who was orphaned and has no birth certificate. These people run the enrollment committee. The hunter documentation has been posted on this blog numerous times for all to see. Show us what proof they are not.

White Buffalo said...

“Little-No-Brain Said” Said;

“Hunter clan will never advance the reversal of the decision to remove it, not even by a Nano-inch. Hence, this squawking only serves to continue the slinging of dirt at Pechanga, in order to satisfy a low desire of vengeance on the part of the Hunter clan. Pechanga has sent this clan on its way, for good reason, and one day it will go away.”

March 24, 2012 10:08 AM

You know after all this time you would think this poser um I mean poster would come to understand that what he-she writes is nothing more than what the media would call a sound-bite. There is no substance or fact behind any statement made. Our friend “Aamokat” has shown through the tribes own constitution and by-laws how false these statements are. It is also true that any statements against the M Miranda decedents by this person are also unproven, for the matter has never been settled by an impartial body. As what’s his name likes to spew he does not mention that the very people who sought our disenrollment were instrumental in the process, for they sat in judgment, voted on our disenfranchisement, and were related to the council members who heard our appeal. It seems that anyone who knows anything about the issues knows that the tribe spent over 250,000 in legal fees to Harlem and Knight to insure our case would never be heard in a real court of law. So just from that knowledge you tell me who you would believe. Someone who would fight to have a case heard in open court or someone who would fight to have the facts suppressed.

'aamokat said...

So the tribal hack shows up after I posted some reasons, but not all of the reasons, why we didn't get due process and he says again after the fact that we did get due process.

So hack, or Anotherview, or whoever you are, show us specfically how we got due process when the very same people who initiated the disenrollment challenge against our family who were the sisters of a key witness against us, and close relatives of other witnesses, but were still allowed to rule on our disenrollment case anyway was due process.

We got the Band's constitution and bylaws on our side, shown here below under Article V, but what does the tribal hack have on his side? Nothing! All they do is hide behind sovereignty.

“IT SHALL BE THE DUTY OF ALL ELECTED OFFICERS OF THE BAND TO UPHOLD AND ENFORCE THE CONSTITUTION, BYLAWS, AND ORDINANCES OF THE TEMECULA BAND OF LUISENO MISSION INDIANS; AND, ALSO TO UPHOLD THE INDIVIDUAL RIGHTS OF EACH MEMBER WITHOUT MALICE OR PREJUDICE.”

'aamokat said...

The tribal hack says that the clan (Hunters) did not have the facts on its side?

Well let's examine the information side by side. Against us, the Hunters, were some elders alive now who were the close relatives of enrollment committee members who should have been recused from ruling on our case for conflict of interest who said deceased elders from previous generations said that we never belonged but with no proof that they said it.

By the way, other current tribal elders not with a conflict of interest testified that we are legitimate tribal members.

Here is just some of the evidence in favor of our tribal membership that was ignored by the biased slim majority on the enrollment committee.

At question was whether our family Matriarch Paulina Hunter was an original tribal member from the period of the late 1800s and we had documented notarized testimony from her 1915 probate for our allotment, we are original allottees, and prior to the first written enrollment of 1979 from elders who actually lived in the historical period.

Vaunted elder Antonio Ashman, called so on Pechanga's own official Website, said when he was asked, "did you know Paulina Hunter as a member of the Band?" He answered, "yes, I knew her as such."

Also elder Dolores Tortuga said when asked, "did you know or were you aquainted with the DECEASED PECHANGA INDIAN ALLOTTEE PAULINA HUNTER during her lifetime?"

Tortuga anwered. "yes, I knew her as a neighbor when WE PECHANGA INDIANS lived on the Pauba Ranch near Temecula, California."

The tribal hack will say that Tortuga was just saying she and Paulina Hunter were neighbors but it is clear that she was including Paulina in the inclusive "WE PECHANGA INDIANS" and the probate examiner was referring to her as a Pechanga Indian when he called her the "DECEASED PECHANGA INDIAN ALLOTTEE PAULINA HUNTER."

These facts on our side are backed up by Paulina Hunter being on every reservation census record from the late 1800s until her death in 1899.

The facts were not on our side? Hardly!

So there was really no credible evidence against us and we didn't get due process so the logical conclusion is that we shouldn't have been disenrolled.

smokeybear said...

So, after multiple "A.. Kicking" for the "Unfounded Lies" he trys to "Sprew Forth,"...."Anotherview" trys to sneek in the "Back Door" and post as "Anonymous." With his "Shamefull Reteric"... "Smelling to High Heaven," he has got to realize that he can't sell his "Load Of Crap" without "Proof."...."And he hasn't got any!" By "Changing Horses in the Stream" and attempting to use "Anonymous," as his "Platform, it still won't "Wash." With his "Rediculous Attempts" to "Justify" what can't be "Justified:"...The "Macarro Cartel's"..."Illegal Acts of Treason" against their own for nothing more then "Greed and the "Almighty $$$$, is still the "Only Basis" for these "Illegal Disenrollments," and your "Feeble Attempts " at "Damage Control," for these "Blatant Lies," still "Won't Fly." We can "Prove who we are," and "You Can't Change That.".."You Open Mouth And Insert Foot" every time you try to "Change the Truth!"..."Can't be Done!" And, again, "You Can't Sell your Dribble," for the "Truth" is just that, "THE TRUTH!"..."And Lies are just that "LIES!" And "IT WILL COME BACK AND BITE YOU IN THE A..."..."Mark My Words," you "Impertenent Parasite!"..."Macarro's" day of reconning is coming, and he will probably take you down with him, for he has no qualms about "Throwing" you under the "Bus," and it "Won't be Pretty!" I'd say "You" had better start playing ..."C.Y.A.," before it is "Too Late," and stop trying to "Justify" the "Macarro Cartels Corrupt and Criminal Actions."

Anonymous said...

Let’s not forget Bobby limier she voted to disenroll to get her sister in as a member even though she was in the moratorium.

Anonymous said...

I'm curious as to what "evidence" is there that the that the Hunters and Apish didn't prove their case?

What proof did the tribe have that Apish and Hunters did not belong?

Luiseno said...

They stated that the enrollment committee did not have to prove anything, or put forth any evidence. Also they reserved the right to ignore or disregard any evidence submitted to them without having to answer why they refused to accept it. We could not question them on any action they had taken under penalty of instant disenrollment.

Anonymous said...

The nano inch is comming. A reversal in a decision that is flawed from beggining to end is a sure bet. On top of the above mentioned evidence, the tribes constitution and bylaws have been trampled on and custom and tradition thrown out to enable a corupt faction to take over and hold hostage our rights. Jennie and family have not documents that they belong at Pechanga. When the corruption errupted and the council and legal department allowed the will of the people and their voice to be stepped on showed the lawmakers that custom and tradition is null and void. Custom and tradition, constitution and bylaws allow a tribe to exist in the lawmakers eyes. change is comming!

Anonymous said...

Pechanga can reverse their decision at any time. Doing what is right is not a difficult decision.

Meanwhile, the claim of mud slinging, might be apt. That comes from seeing injustice. If we do not speak out against it, those who harmed their tribal citizens would get away scot-free.

It's important to keep Pechanga "paying" for their abuse. And by paying, I mean, spending more on politicians, more on lobbyists. Remember, in the past five years, Pechanga paid their lawyers and lobbyists $5 million, but they STILL got whupped by three members of moratorium/disenrolled people.

Add that to the $50 million more Pechanga had to spend to get their expanded gaming passed, and we seem to be talking about real money.

Keep FIGHTING, even if your part is coming here to fend off stupid comments from the CPP.

Anonymous said...

Due process @ Pechanga ended when the people spoke in June 2005. Due process is when the people voted to halt all investigations for the purpose of disenrollment. "All means All" and the will of the people was very clear. Custom and tradition, lost to the disease of power, and corruption and it is plain and simple that Pechanga has no true leadership and the will of the people has no voice. Lawmakers can clearly see that due process is not a true statement. Keep that in mind, custom and tradition. No custom, no tradition, no band.

'aamokat said...

"I'm curious as to what "evidence" is there that the that the Hunters and Apish didn't prove their case?

What proof did the tribe have that Apish and Hunters did not belong?"

They didn't have any proof just current elders, all from the CPP faction, saying they didn't belong which was contradicted by other current elders who said they are legitmate tribal members.

Example, regarding the Hunter family, Raymond Basquez Sr, the brother of two enrollment committee members who voted to kick them out of the tribe, submitted a statement that said elders from past generations said the Hunters never belonged but with no proof that they said it.

On the other hand the Hunters, in addition to non CPP elders in their support, had statements from elders taken during the 1915 probate for Paulina Hunter's land allotment and prior to the first 1979 written enrollment that said they are Pechanga.

Elder Antonio Ashman, who was 20 years old when Paulina Hunter died in 1899 said he remembered her as a member of the Band, slam dunk, no refuting that!

A pet peeve of mine?

The Apish were not kicked out of the tribe, only the descendants of one of his granddaughters, Manuela Miranda.

As stated many times, there are plenty of Apish still in the tribe including the Picos, the Lukers, the Magees, and others.

In fact, Francis Miranda on the enrollment committee, voted to kick out her fellow Apish descendants in 2004.

Anonymous said...

Due process would be to prove the Hunter clan is not Temecula/Pechanga Indians. Custom and tradition only allows for a clan to be questioned under credible evidence. As stated, the questions that were brought up about this clan had no merit and no sound facts just letters that were written and not notarized or checked for authenticity. The ban voted to stop all investigations into clans for the purpose of disenrollment prior to the unlawful removal of the Hunter clan. Custom and tradition were thrown out by a corrupt move by select individuals who are trying to save themselves from the truth. The real beauty of custom and tradition, is to assure due process. Walking thru the motions and allowing lies, misinformation and propaganda to flourish for personal gain is not our peoples custom and tradition. Its corrupt and evil, and has a lot of peoples attention. Due the right thing before you continue to compromise our peoples history.

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