Monday, October 28, 2013

How Mark Macarro's Council Subverted The Pechanga Tribal Constitution. And WHY Congress Should Not TRUST Pechanga

Cousin A'amokat fills in the details on how Pechanga's Chairman Mark Macarro did not follow tribal law, custom and tradition nor the will of the people.  Congress cannot trust that the tribe will be fair on the water rights of allottees, when the council doesn't even follow their own constitution



Here are some statements, in bullets that Pechanga Chairman Mark Macarro has issued.
  • “The right to determine our citizenship is central to Pechanga's identity as a distinct sovereign government. Tribal nations have sole jurisdiction and authority to establish and enforce procedures to determine their own tribal citizenship. The courts have consistently upheld this tribal right because of more than 200 years of legal precedent."


The Pechanga General Membership, the final authority, under Article VIII of the Band’s constitution and bylaws in all matters of tribal government, unless specified in this constitution and bylaws, voted in July 2005 to outlaw disenrollment and thus the procedures to move against our family, the lineal descendants of Paulina Hunter, did not exist after this law was passed so the decision to disenroll us in March 2006 is null and void!

Fine Pechanga, you have jurisdiction in matters of tribal membership, then be fair and follow your own rules.  When the tribe was debating the petition to outlaw disenrollment in 2005 Chairman Mark Macarro was asked if the Hunter family would be included in the new law if it was passed and he responded, “all means all.”  Mr. Chairman, abide by your own statement!  The people knew what they were voting on and the people spoke!


  • "The Pechanga Enrollment Committee is the Pechanga entity responsible for determining issues of enrollment and citizenship as established in our Tribal laws. This is accomplished through codified tribal processes with findings and due process requirements."


Again, the General Membership, under Article VIII of the Band’s constitution and bylaws are the final authority in all matters of tribal government, including enrollment, because the Band’s constitution and bylaws does not specify that the enrollment committee is the final authority.

There is tribal legal precedent that proves that the people are the final authority regarding enrollment matters, namely, that in April 1986, after the lineal descendants of Rose Murphy, including current sitting Pechanga tribal councilman Russell Butch Murphy, had been turned down for tribal membership by the enrollment committee, the General Membership of the tribe voted to take in the lineal descendants of Rose Murphy thereby overruling the enrollment committee’s decision to not enroll them.
So since the people voted to overrule the committee to take in the Rose Murphy descendants in 1986, then the people could and did vote to overrule any decisions that were pending in 2005 to disenroll the Hunters.  Again, the decision to disenroll the Hunters in 2006 is null and void!

In addition, How did we, the Hunters, get fairness and due process when biased people against our family, Irehne Scearce and Ruth Masiel, were allowed to rule on our disenrollment case while sitting on the enrollment committee?   They were the sisters of  Raymond Basquez Sr, who as a witness, submitted a statement against our tribal membership.  OP:  They should have been recused

In addition, how did we also get fairness and due process  when Andy Masiel Sr, the nephew of a witness, Mr. Basquez, the son of Mrs. Masiel, and the nephew of Mrs. Scearce was allowed to rule on our appeal of our disenrollment to the tribal council?
We asked that these people, in the interest of fairness, be made to step aside from ruling on our disenrollment case because of conflict of interest as the Band’s constitution and bylaws that prohibits malice or prejudice against tribal members under Article V which states the following:



  •  "IT SHALL BE THE DUTY OF ALL ELECTED OFFICIALS 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."



In addition, it is the duty of the tribal council, also under Article V of the Band’s constitution and bylaws, to enforce duly passed ordinances of the Band which include the law to outlaw disenollment that was passed in July 2005.  Once again, the decision to disenroll the Hunters in March 2006 is null and void!  Again, Pechanga, please be fair and follow your own rules!



  • "Disenrollment actions occurred at Pechanga before we ever had a casino as well as after, quite independent of our gaming activities. Contrary to the allegations of a few, this matter has nothing to do with politics or profits."


Yes, there were some isolated incidents of disenrollments  prior to the casino opening but there was never any whole scale decimating of entire family lines prior to the casino.  Ironically, in 1989, some individuals were disenrolled after they were found to not be lineal descendants of Manuela Miranda.  So it is also ironic that in 2004 all of the lineal descendants of Manuela Miranda were themselves disenrolled which, of course, was after the casino was opened.

The decision to disenroll the Manuela Mirandas in 2004 and the Hunters in 2006 had nothing to do with politics or profits?  Well, together they were a large voting bloc who were influencing the outcome of elections but after they were eliminated from the tribal rolls, a large opposition to the current regime’s politics was eliminated as well.  In addition, all of the remaining members of the tribe got a raise in their per capita profit share that was proportional to the numbers of people no longer on the tribal rolls.

52 comments:

Luiseno said...

I have stated this several times, and I firmly believe this, that were NEVER disenrolled . I don't care what letters we received, if there was no provision for disenrolling us, then it could never have happened.

We have every right to show up during an election and DEMAND a ballot to place our votes.

'aamokat said...

There, we have refuted the form letter response that Macarro, other tribal officials, and/or their high priced lawyers blatantly state when they are asked about the illegal disenrollments that have happened at Pechanga. Not to mention that the facts in the case were overwhelmingly in our favor. None of it would ever stand in any real court proceeding. MR. MACARRO, ABIDE BY OUR TRIBE'S CONSTITUTION AND BYLAWS AND REVERSE THIS ILLEGAL ACTION AND REINSTATE US!

Anonymous said...

You should be able to find a civil rights lawyer to defend you and get all of your per cap back pay with interest...

Anonymous said...

It's not about getting back pay!
It's about honoring our Ancestors, and protecting our future generations rights.
Honoring our Ancestors for living through oppression and their identity being stripped by greed, for land they lived on and raised their families in. Then a corrupt disgrace to them after they passed the earth.
Our children deserve the be recognized as there ancestors were.

Anonymous said...

Forget about getting back pay. It's time to correct an error that should never have happened. We can all move forward when this mistake is corrected.

'aamokat said...


I do think we should to be compensated to a certain extent, not full payment though, for what was taken from us. However, it is not the paramount issue which is righting a wrong that never should have occured in the first place.

Anonymous said...

Full pay back of what was taken from us should be paid back. If congress was to allow us to take Pechanga tribal government to court for wrongful termination, slander and fraud we could be awarded up to 5 xs for compensation. Then there the issue of the Layva line Raymond Basquez and his family that legally can’t prove a line to Pechanga little less prove to be Native and benefitting from true Native disenrollment’s. I think full repayment is not out of line it does not have to be all at once. They could make payments in say a 6 year period.

Anonymous said...

The council cannot disenroll only the tribe can you are all still tribal members. The constitution is just like the U.S. constitution it's there to follow no matter who is in power at the time. Other wise laws would change every 4 -8 years. I know corrupt council trying to hold I to power and money will reword things and translate tribal law to suit their needs and stay in power. After reinstatement demand either back pay or for Mark to step down for hurting his own tribal members when it is his job to protect them. The tribe will back him having to step down instead of paying $100 of millions in back pay and having their percap cut dramatically. I say again only the tribe can disenroll not the council.

Anonymous said...

The outside courts, BIA, congress is not going to help unless something dramatic happens. Whether a disenrollee goes postal on the corrupt SOB's that are caring out these native atrocities against their own members for greed and power. Take over a tribal hall get national attention that's what it's gonna take. Nobody will cry for Mark or Robert they are just afraid of them. They don't have friends just mutually beneficial supporters who want something from them. Has anyone seen the disnerollment episode on "Longmire" that's what it's gonna take.

Anonymous said...

It's easy to look at this and say you are or you are not Temecula/Pechanga. Pauline Hunter is and has always been Temecula/Pechanga and so are her decents.

Payback is would only hurt the tribe. The people who did this did not do it on behalf of tribal interests. It was for personal gain and to hold power over the tribe.

The solution here is reinstatement followed by restitution. Restitution is a course of action that will heal and make the tribe whole.

The goal is to not make light of what has happened. It is serious business and through restitution healing can begin. In restitution there is mutual understanding on the path to compensations.

Restitution is not about payback with interest. It is about fighting for the best interest of a community.

Pechangaredbrother

Anonymous said...

Sadly, airing the filthy laundry that the crime family and others have soiled is one line of attack.

Another if forcing the tribe to suffer losses at the hands of their "leaders".

Make different choices, get Masiels out, let congress know, so they don't fall for the lies that are coming from them.

And quit being on the sidelines....

Anonymous said...

Thank you , To the last poster, get the dirty Miranda's out, murphy's , Masiels.

Let Congress know what's going on , not the " Tribal law stuff".

SOMEONE WAS SHOT AT ( to get you dis-enrolled) did you forget?

Jackie Chan said...

Shut up, what happens at Pechanga stays at Pechanga.

Luiseno said...

You know Mark reads this... Come on Mark, say something

John Macarro said...

Kiss my Ass!

Victor Rocha said...

I second that!

Reinstatement_Restitution said...

Tribal officers who do not abide by their vows of office and pervert their constitutions and bylaws should be impeached. This is the way to solve the problem internally without airing the dirty laundry.

The tribal officers know this. That is why they threaten, marginalize, bully, and victimize the disenrollees. It is a brutal example of what will happen to you if you don't support them.

Ultimately all tribal councils need to ask the question: Is disenrollment good for the tribe?

Someone needs to answer this question. I have yet to see an answer. I have heard plenty of claims of sovereignty, and the right to determine membership, but no one yet has actually come up with a good reason for disenrollment on a large scale.

Tell us now. Why is disenrollment good for the tribe?

Anonymous said...

Tribal leaders that disenroll to hold onto power are only hurting the tribe because if the disenrollment is illegal it's only a matter of time before the wrongs are righted and they are reinstated. The the tribe would owe restitution which I wouldn't take because it's not the tribes fault the corrupt leaders did this to its own tribal members. For me restitution should come from the perpetrators of these actions in the form of impeachment, banishment,loss of percapita and exclusion from all tribal meetings and voting "FOR LIFE". In other words they themselves should be disenrolled for their treason against tribal members.To hurt the people you are elected and trusted to look out for in the name of greed and power is wrong in any elected office.

Luiseno said...

Marks statement "....Contrary to the allegations of a few...." Should be ...Contrary to the allegations of a few hundred...

I know this isn't what little Marky said, but it wasn't just the allegations of a few.

Anonymous said...

i guess it's really about the money, you people are still greedy!, heritage my ass!Let the tosabols in, their good honest people!their getting screwed!but what do you care! oh i forgot, this is a hunter website the tosabols have all the legitimate proof! and they can prove it!they've waited to long, they belong!

Anonymous said...

Sorry for your confusion but the Hunters are not keeping the Tosabols out they them self are disenrolled and have no say in tribal matters. The Tosabols are welcome to post any letter to congress for us to send in.

Anonymous said...

To the people who have been wrongfully disenrolled, the state of Michigan has a case before the supreme court that questions Santa Clara which is the case that bars you from suit of your tribal government, you need to get legal help to file an amicus brief in defense of over turning Santa Clara, anything short of that, you are still dead in the water.

Anonymous said...

The Michigan case will be heard on December 2nd, so time is of the essence, to get an amicus brief before the supreme court.

Anonymous said...

If you fail to intervene and not, try to overturn the Santa Clara decision, you will have missed one greatest opportunities in american indian civil rights ever to come around in ones life time in protecting individual Indians against the tyranny of rouge tribal governments.

Anonymous said...

The white tribal lawyers or hired guns, fear this court case more than anything they have seen in decades, because it means corrupt tribal official will no longer be able to hide behind governmental sovereign immunity. Bay Mills vs Michigan

O Pechanga said...

Because the Apis and Hunter Family found out about what Frances Miranda and members of the Masiel-Basquez Crime family were doing with the applications for the Tosobol family, we are in this mess.

Hunters STOOD UP for Tosobols, APIS stood up for Tosobols and what was RIGHT.

I have posted about the Tosobol's right to belong.

Yet, still, 9 years for Apis and 7 years for HUNTERS, we get Tosobols STILL whining about this being a HUNTER site.

I looked but failed to find a Tosobol site. After 9 years, not ONE of the TOSOBOL's created their own website for their family? WHY NOT?

Just three months ago, I wrote ALL Tosobols on my email list requesting a picture of Petra Tosobol, for a story that the Temecula Patch was doing. STILL WAITING.

Apparently the TOSOBOLS want somebody ELSE to do their lifting for them. Another commenter said we would send in a letter for them, well, we sure would.
The question is WHY haven't the TOSOBOL's WRITTEN A LETTER against the injustice? If they have, why HAVEN'T they shared it with us.


We may have all gotten to this point in different ships...but we are ALL in the same boat now, and have been for almost a DECADE.

I have been on television, telling the Tosobol story, on video, on radio and in the United States CONGRESS telling the TOSOBOL story. YOUR family belongs, yet we hear NOTHING but whining that this is a Hunter site. GUESS WHAT? IT IS A HUNTER SITE, I FIND the stories, I write the posts (with some help from A'amokat) I research, I make the calls, We made the trip to DC...

WHERE the HELL are the TOSOBOLS??

GET IN THE GAME....

Anonymous said...

Sovereignty is not immunity to civil rights.

Anonymous said...

Illegally removed Federally Recognized Allottee Tribal Members.
This is not about tribes reserving the rights to citizenship. This is ILLEGAL action taken against federally recognized allottee tribal members.

Anonymous said...

You are so right OP and you have done a lot for all disenrolled in California, thank you for all you do. This site has helped me cope with so much grief and it keeps me fighting for our rights, if I am going to go down, I am going to go down fighting. Thank you also to the poster about the case in Michigan, I am going to look that up and share it with our Pala group. We can win, we will win, and in the end it is not about the money, it is about a pride of heritage that we have held all of our lives that has been stripped from us and slapped in our faces. The only people it is about the money for is the tribal councils, they are the only ones financially benefiting, oh yeah and the lawyers. For the families that think they should be enrolled, what is it about for you? Sounds more like you want a piece of the pie, since you did not lose something you already had. How many years before the casino did your family try to enroll? Why don't you bombard the Pechanga tribal council with your applications, other people said they know that new people have been enrolled, give them your information and disregard the moratorium, it obviously wont hurt to try.

Anonymous said...

this info is lifted for an article on the pechanga.net site today, it maybe a shot in the dark, but anything is better then sitting idle.

Michigan asks the Court to overrule Santa Clara Pueblo and apply a lesser standard when considering whether federal laws (such as IGRA) abrogate tribal sovereign immunity. Finally, Michigan is asking the Court to recognize that tribal sovereign immunity is a "common law doctrine" created by the Supreme Court and subject to adjustment by the Court.

White Buffalo said...

Anonymous John Macarro said...
Kiss my Ass!

October 29, 2013 at 1:06 PM

Anonymous Victor Rocha said...
I second that!

October 29, 2013 at 1:08 PM

Macarro & Rocha are nothing. Oh wait they are liars with no spirit. Hey Mark remember when I was at the tribal government center and you hid from me when I went up to see you. I would call both of you out again but it would do no good. I also have not forgotten the things you did in 2003. You made it personal. One day I am going to be there.

'aamokat said...

Anonymous Anonymous said...
i guess it's really about the money, you people are still greedy!, heritage my ass!Let the tosabols in, their good honest people!their getting screwed!but what do you care! oh i forgot, this is a hunter website the tosabols have all the legitimate proof! and they can prove it!they've waited to long, they belong!

October 30, 2013 at 12:53 AM"

Fine, until you or someone from your family contributes something to your cause, yes we are on the same side so it is our cause as well, I will not write anything more about the Tosobols and what they have been through in an article or in any comments. By the way, I am not speaking for O.P. but who would blame him for doing the same? If you are not willing to get in the game, then don't let the door hit you on the way out!

Anonymous said...

All land owners should have went to D.C ?

Did all the Hunters go? Game players ?

Since your throwing the Tosobals under the Truck ?

Anonymous said...

To October 30, 2013 5:52P.M.
"Since you are throwing the Tosobals under the Truck?"
Is that what you are getting out of these comments, it is pretty sad. No one is being thrown under the truck?
An Earlier comment went like this: Anonymous said...

"i guess it's really about the money, you people are still greedy!, heritage my ass!Let the tosabols in, their good honest people!their getting screwed!but what do you care! oh i forgot, this is a hunter website the tosabols have all the legitimate proof! and they can prove it!they've waited to long, they belong!

October 30, 2013 at 12:53 AM"

No one is excluding anyone, whether you are disenrolled or held at moratorium, the fight is against the tribal leaders, not each other. The disenrolled are trying to take action so that all interested parties have their say and get their particular situation looked at. Everyone has the paperwork needed. You should band together to fight the injustice, not feel that just because you are not constantly mentioned that you are being disregarded. If one wins, we all win, get it?, and OP has gone through a lot of trouble to get his voice heard for all of the people, many of us are spending every last cent we have to fight this in other tribes, writing letters, writing news stations, trying to get some kind of notice to the heinous crime being committed against the individual Indians. I myself have lost eveything, going through bankruptcy, lost my house, my healthcare, my tribal rights, my feeling of belonging, and I am scraping money for the lawsuits we are getting into and I know that I am not alone. Quit complaining about what the disenrolled are doing and try to think of new avenues we can use.

'aamokat said...

I am sorry and I apologize that I said I wouldn't write on behalf of the Tosobols until they step up to the plate as I was speaking from a place of anger and frustration about being contiuously dumped on for something I didn't do by people I have tried to help. Besides, if we aren't talking about the moratorrium and the plight of the Tosobols and others stuck in the moratorium who would be talking about it? Not many. I promised my cousins, my nephews, and now my grand niece and grand nephew are included in this as well, all Hunter family members, that I would go to bat for them against the moratorium and though I am also now on the outside looking in as well, that has not changed and never will.

Anonymous said...

Amen cuzzin 'aamokat
There is allot of frustration and anger, and our cousin OP has stayed in this as well.
Tosobols do belong and the frustration and anger is another plight that the corrupt individuals holding power in the bands who have violated everyone's rights is exactly what they wanted.
The door is cracked again, and we all should take the time to send letters, via fax or mail to the officials provided by OP via this site and others and show all what is going on in this corrupt environment.
More visits to this site, sharing info, and thoughts will help us all. We are moving in the right direction, if we focus together, it will work to stop the injustice. Lets move on Together!

Anonymous said...

Here is a great way we can all focus together again!
try copying and pasting the words in this quote below in the search bar on OP site. bring up the posted blog, and see if anything pops at you? It did for me and we are working on something from this angle.

"Saturday, March 3, 2012

OPINION II: Are Disenrollments a Violations of the Indian Civil Rights Act?"


Civil Rights Attorney Donald Daines gives us a supplement and clarification to his prior post “Are Disenrollments a Violation of the Indian Civil Rights Act? But in the end, the solution does not lay in what the BIA or the US Courts decide, but within ourselves.” To save space, the post will has a break in it, PLEASE read the entire supplement and add your questions and comments. OP

'aamokat said...

Anyway, in 2005, after the petition was passed into law to outlaw disenrollment, I met with tribal elder Normon Pico Sr and another elder who I will not name here at this time with the idea of drafting a petition to end the moratorium. I had never submitted a petition so I wanted advice on how to do it as I didn't want it thrown out due to technical reasons. Mr. Pico and the other elder said that we needed to make sure the disenrollments were stopped first as our opponents were still after us, the Hunters, to get us kicked out and once that was dealt with we could tackle the moratorium. Well we were disenrolled in 2006 so I never got a chance to present my petition to end the moratorium plus the fact that although I wasn't at the meeting in 1996 when the moratorium was first passed, I voted against extending it in 2000or 2001. Plus the fact that articles I have written here on O.P.'s Blog that have spoken about my opposition to the moratorium several times as well as well as numerous comments stating the same thing. Any wonder why I got angry and frustrated by someone trying to make the moratorium our fault as if we have done nothing against it and by someone telling us to let them in when we are out ourselves?

Anonymous said...

What have Tosobols done this year?

Anonymous said...

If we all send a letter via fax, email and ask 5-10 friends to do the same the stack will grab attention at the DOJ.

Anonymous said...

How do you know this person is from the tosabol family? Im not a tosabol, but it sounds to me that you want some back pay? why?, I thuoght it was about the heritage? that lady on the news report said so, so now you want back pay?,I've read about the tosabols plight, they got screwed from day one!How was it collecting all that money back then! Nobodys ever gonna be enrolled! sorry.

Anonymous said...

We are Native and our ancestors are native before collecting anything except comfort and peace. We have rights, always had them and will not except the corrupt actions targeting us. It's time for the other Indians who understand respect to stand up to this corrupt actions who have bull dozed our rights, and had there rights bull dozed by allowing a rogue misguided council to cause deception within the band. Water rights will not be granted to a few, it needs to address "all". At anytime the corrupt acts could be swept away, the same way a rogue faction tried to do with a families rights. Sooner than later would be better for all!

'aamokat said...

I believe that anyone who was put in the moratorium should also be compensated for what they have lost as well, Tosobols or from whatever family line they are from, as there are more than just them who have never been let in.

Why shouldn't they get what is rightfully theirs? Moratorium people deserve to be in their tribe with full benefits that every other tribal member receives. LET THE TOSOBOLS AND ALL MORATORIUM PEOPLE IN THE TRIBE NOW!


Anonymous said...

I haven't heard from anybody in the moratorium other than the tosabol's, what their problem, the tosabols went to washington where was eveyone else? they should be let in know! They are not trouble makers the just want what they deserve, sorry about the spelling i'm just tired and fed up!

Anonymous said...

Mark will not end the moratorium that's more money to pay out and more unknown votes in the tribe that he may not be able to control. The less tribal members the more money and the easier it is to manipulate votes. Until Mark is either impeached or voted out nothing will change. All u need is to find out one thing he has done against the tribe and you have grounds for impeachment. Illegally disnenrolling, keeping out legit members with moratorium, knowing about tribal funds being used for other purposes, spending to much tribal money in his duties on personal things.

Anonymous said...

When Robert smith is out he will be sentences and banished from the tribe..No percap,voting rights or right to step foot on Pala or the casino. He will become a bad memory for his crimes against the tribe! He will be exiled as a former member for life along with anyone who knowingly participated in his actions against tribal members. Hopefully Pechanga can do the same.

Anonymous said...

I don't believe these are Tosobols posting, ok u no wha I mean ,Sorry.


Sory I drink Fire water spelling no gud,

Later on, Homies




Anonymous said...

It's not about getting back pay!
It's about honoring our Ancestors, and protecting our future generations rights.
Honoring our Ancestors for living through oppression and their identity being stripped by greed, for land they lived on and raised their families in. Then a corrupt disgrace to them after they passed the earth.
Our children deserve the be recognized as there ancestors were.

Anonymous said...

Why do the Dis-enrolled care about the moratorium people ? Do your own fighting. Don't worry about what they did.






'aamokat said...

Why do we care about the moratorium people? Because it is wrong that people are not being let in who should be in even if some moratorium people don't care anything about us.

Esther said...

Move on, fight for yourselves !

(They have the Rolexes WE have the Time) Not true, you people are dying off also.

Anonymous said...

"You people are dying off also"

That is true, nature takes its course for the good and the bad. But there is a new generation within the tribe that is coming up, that hate what Mark and his brother have created and that same generation will be making the decisions that you will be people will hate because all corruption comes to an end and that other course of life that continues through time.