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Tuesday, March 23, 2010

Pechanga Tribe Insults Judicial Process, Apis Descendent Granted More Time to Serve Mark Macarro and the Tribal Council

We have videos coming from Mr. Joe Liska, who is fighting for his rights in a San Diego court.


The Pechanga Tribe's attorney did not show up in court, leading the judge to extend time to serve Pechanga's tribal council.





Continue the good work, Mr. Liska.

35 comments:

joe said...

THANKS OP I THANK THE JUDGE FOR NOT DISMISSING MY CASE BECAUSE SHE COULD HAVE,AND I FIND IT A LITTLE STRANGE THAT THE TRIBES ATTORNEY TRASHES ME A WEEK BEFORE THE HEARING IN A MOTION OR DECLARTION THEN FAILS TO SHOW UP?

THATS LIKE ADMITTING YOUR WRONG OR BEING DISRESPECTFUL TO THE COURT.

I ALSO BELIEVE MY CRIMINAL CHARGES HAVE ALOT TO DO WITH THIS (FELONY CHARGES)AND LIKE ANY FELONY A PERSON CAN BE ARRESTED ON THE SPOT!!

joe said...

sorry that was motion or declaration!

Anonymous said...

crack in the dam ,,,they are not sure what to do (criminal complaint)throws a wicked curve ball at them.

The fact that there is evidence to support the claims (moratorium holding blood out and people who are not temecula indian)the courts are in a pickle!!!

Holland and knight does not want to get caught up in aiding the criminals,,,,they no they will be called on theses charges in court!

Who won that fight between david and goliath?

Anonymous said...

David and Goliath? David did, because he understood the true Source of real power in the grand scheme of things.

joe said...

130 views op wow ,,,,,,

joe said...

THERES SOME TALK ,,,HALF MY BROTHERS AND SISTERS WANT ME TO MOVE FOWARD AND CONTINUE TO DEFEND MYSELF,,,,AND HALF SAY GO WITH THE LAWYER THAT WANTS TO STEP UP TO DEFEND NOT JUST ME BUT MY ,,,,CRIMINAL/TRUST PROCEED ISSUES FOR ALL!

KINDA FUNNY GETTING SUPPORT FROM THE APISH,HUNTER,TOSOBOL FAMILIES,,,,,KINDA THOUGHT JUST ONE OF MY MAGEE FAMILY MEMBERS WOULD STEP UP,,,,,THATS OK LIKE I SAID BEFORE IF THEY ARE GOING TO TRY TO CUT MY THROAT IT WILL BE IN FRONT OF ALL MY FAMILY!

White Buffalo said...

It is not weak to admit that someone is more capable in matters of law nor is it unwise to use all available expertise in your fight. Think of it this way Joe the Lawyer is just another tool to help get the job done. It is like burning sage at ceremony. If you are not carful, your pride will mess up everything

Anonymous said...

Whatever that means!Joe is just as smart as any lawyer, Lets see you go in front of a judge and defend yourself without representation!

joe said...

HAHA THANKS FOR THE COMMENTS ,GOOD POINTS,,BUT IT IS HARD TO JUMP THRU LEGAL PAPERWORK (LEARN AS GO)I DO NO A LITTLE ABOUT INDIAN LAW (THIS IS MY THIRD LAW SUIT I DID MYSELF)ALOT OF PEOPLE DON,T NO THAT.

I SUED THE BIA AND DEPT OF INTERIOR MYSELF AND GOT A RULING FROM A FEDERAL JUDGE,,,,MY FIRST LAW SUIT WAS PRETTY SAD (HAHA)!

Anonymous said...

If there is an attorney willing to go to court with you and help represent the case, I would take it. As a paralegal, there are both pros and cons associated with people representing themselves.

Pro would be that you have the guts to stand alone, which is portrayed to the judge. In addition, things you want heard can be, whereas an attorney sometimes forgets all the points you want to make.

Cons would be your case getting thrown out because a certain paper was not filed at all or on time. In addtion you may not have all the RCW's or whatever they call it in California at your disposal. Furthermore, an attorney has no fear or nervousness which we all experience when speaking to the higher power on things that matter to us, not them. If our feelings are shown with too much "anything", people in general falter.

Now none of this is set and I don't know you, but be prepared for anything. Remember the goal. Decide what you want to accomplish with this hearing and strive to find the ways to get there. Remember, someone has set a precidence find it and use it. Turn it around to suit you and have the facts to back it.

Now that you have my 2 cents, I want you to succeed although I am curious to what you want. I mean I know what you and everyone wants, but with all the different blogs and reading material we do on this site, What do you want to gain by this?? I am on your side and if I can help you find, research or anything let me know.

Just think about the attorney, even if he is just used as a sounding board.

sanjuanflorist

joe said...

WELL PUT SANJUAN!

1.BANINSHMENT UNDER HABEAS CORPUS TITLE 25 IS WHAT MY CASE IS ABOUT,AND SEVERAL ATTORNEYS ARE TRYING TO DEFINE ,DETENTION OR BANISHMENT.

2.THE COURTS HAVE RULED DISENROLLMENT OR MORATORIUM PEOPLE ARE NOT CONSIDERED BANISHED (NO SECRET)
3.MY SUIT ALSO QUESTIONS TRUST PROCEEDS,THEY SAID I AM NOT ON THE TRIBAL ROLLS SO I HAVE NOTHING COMING,BUT I HAVE CASE LAW IN MY FAVOR BECAUSE I FOUND A DESCENDANT OF A TRIBE ,THAT WAS GIVEN TRUST PROCEEDS (HE WAS NOT ON THE TRIBAL)

4.I WILL TELL YOU THIS ,I HAVE BALLS AND YOU CAN ASK THE PEOPLE THAT SAW ME IN COURT STANDING UP FOR MYSELF (I CAN HOLD MY OWN TRUST ME )AND I AM GRANTED SOME SLACK FOR BEING A PRO SE PLANTIFF,
AND I DON,T FALTER THIS WILL BE MY THIRD HEARING(I DID NOT GET WHERE I AM TODAY BY FALTERING)!

5.SHOW UP AND SEE !

6.WHY DON,T I FALTER(I LISTEN AND STUDY INDIAN LAW , AND CASE LAW)!

THANKS FOR THE COMMENT,,,

Anonymous said...

Congrats

I was just pointing out both sides to all this.

What do you want the courts to do, specifically??

I would love to show up, believe me. I think any and all should be there. Unity is what will make a difference in the long run. The more people the more media. Media makes things come alive and grow.

What was the name of your original ancestor if you don't mind me asking??

How can I help you? Unfortunately, your hearing falls very close to Mother's Day which as a flower shop is busy.

sanjuanflorist

Anonymous said...

One more thing.......

According to your response #3, you state case law for someone receiving or getting trust proceeds for being a descendent of a tribe, what tribe and what was he given?? Was the tribe a local tribe? Was the gentleman in question heard at a superior court level or higher? If he was given rights to tribal membership, precident has been established. Many cases are won when someone else wins them first.

You are doing awesome and should be very proud of yourself. It really does take alot of "Balls" to fight something that matters and stick to your beliefs.

I was very sad to read that you are banished from your families gravesite. When I mentioned some of these attrocities to the BIA, they did not care, not their job, I say save millions and get rid of the BIA, useless group of people who don't stand up for indian rites.

sanjuanflorist

joe said...

Fred Magee,,,(eagle dancer)was my father,,,apish clan,

1.what do I want (what can the court do)define detention or banishment ,let it apply to all not just those on the tribal rolls.

2 trust proceeds,if one private no tribal rolls person got it,then we should all get it!

3.temecula indian settlement roll for all!

DOES THAT HELP ,by the way why did no gauvish people show up at the park and join the prayer circle?

SOME might call that disrespectful to our HERITAGE?

Anonymous said...

I smell a rat!

Anonymous said...

Don,t say anymore joe!

something here does not sound right!

your getting pumped for info!

Anonymous said...

Wait a minute..... I am no rat. I am from the Guavish clan :) Mechella was my grandmother and I have spent along time researching this as all but my immediate family died years ago. I come from a so to speak, small line. I would love to know more but since it is very difficult to find certain information, because I am not enrolled, I am left asking all of you.

I was just asking to put all this in perspective as this is what a judge would want to hear. We all know we want recognition and enrollment, our rights to visit the cemetary and our heritage and our indian family.

I filled out my enrollment application and will wait for enrollment just like all of you.

Furthermore, a court hearing is PUBLIC, I would not have to "pump" information. I was just giving my 2 cents in the hopes that I could HELP.

Second, I did not know of the gathering and since I live a few states away, I was not there. I would have LOVED to be there as that is something my friend and grandmother went too.

All of you are lucky in one aspect as you know everything about your families even tho some of them don't stand up for you. Me, I am left with many holes and questions.

sanjuanflorist

joe said...

We have all been posting for years so we have a good idea what to expect when someone replies.

Your words are a bit (suspect)from flower girl to paralegal?

1.The average person does not come in here and ask detailed info about case law (as you do)and ask what I seek!

2.As you stated it is a public case 08-cv-1872 and you as a paralegal no that you can access this case on line.

3.Some people have some concerns that over the years not one gauvish person has attended any protest or rally?

4.Is this jenny miranda?

5.If so lets go head to head in court in front of a federal Judge I am a dragon slayer (baby)!

6.bring it on !!!!!!!

7.I think what you really want to ask me is whats up with the 14 page criminal complaint (macarro has it because I faxed it to frank lawerence)!

8.Flower girl/paralegal do you know how much time a person can do in federal prison for fraud and consiracy?

9.many holes and questions you have? mmmmm you sound alittle to bright to have many questions!

william wallace said...

Someone was talking about the masiel crime family on the other blog, IF THIS IS YOUR TRIBE,WHY DO YOU RUN AND HIDE AND REFUSE TO SHOW UP IN COURT COWARDS!

Anonymous said...

You guys crack me up. For the record, I was a paralegal and 11 years ago I bought a flowershop. I live on an island in the middle of nowhere in Washington state. Flor the record, mechella, my g-g-g grandmother, as far as I know had one child, Matilda, who had 4 kids. I know vertually nothing of her 3 sons, one of which is buried at Pechanga, but her daughter, Florence was my great grandmother. Florence had 5 daughters, 1 died young and out of all those kids they only had 6 kids. Those 6 kids had only 4 kids. Out of those 4 kids 3 are living. As you can see the line has only 7 living heirs left, minus my three kids. That is why our line had not shown up anywhere. There are to few and the original 4 kids must have shown up at some point but seeing as how they are all dead, I can't ask them.

I can not speak for any of the Guavish line as until 'aamokat' told me some of their lines I had never heard of them.

My great grandmother was 85 years old when I was born.

If I was some kind of infilterator, why would I sign my name where you can all look me up?? This is not CSI, I thought we were here to help and support eachother.

sanjuanflorist

joe said...

Here you go sanjuan ,this is the bulk of the criminal complaint!

The district court held that the conspiracy law under § 241 is a law of general applicability because the situs of the offense in this case, voter fraud is in no way an element of the crime. In other words, the district court's rationale was that Congress has declared any conspiracy which violates federally protected rights a crime regardless of where the offense occurs. And, as we have previously discussed, laws of general applicability "apply" with equal force when committed by a Native American on a reservation. See Part II, supra. Clark and Rawley also challenge federal jurisdiction on the ground that the tribe exists as an independent nation over which the federal government has no jurisdiction concerning a local tribal election. There is no question that Indian tribes are quasi-sovereigns and enjoy rights and privileges of self-government and local culture. However, the Supreme Court observed early on in Talton v. Mayes that while Indian Nations are "possessed of . . . attributes of local self government, when exercising their tribal functions, all such rights are subject to the supreme legislative authority of the United States." 163 U.S. 376, 384 (1896) (citing Cherokee Nation v. Southern Kansas Ry. Co., 135 U.S. 641 (1890)). In this regard, tribal sovereignty "exists only at the sufferance of Congress and is subject to complete defeasance." Wheeler, 435 U.S. at 323.

P.S THATS THE NAME OF MY OLD PRISON YARD I WORKED AT (SAN JUAN)BUT IT WAS CHANGED TO THE LUMLEY UNIT AFTER MY FRIEND AND CO WORKER WAS STABBED TO DEATH IN THE LINE OF DUTY!(BRENT LUMLEY)

JOE said...

Correctional Officer Brent W. Lumley
Arizona Department of Corrections
Arizona
End of Watch: Friday, March 7, 1997

Biographical Info
Age: 33
Tour of Duty: 5 years
Badge Number: 2266

Incident Details
Cause of Death: Assault
Date of Incident: Friday, March 7, 1997
Weapon Used: Edged weapon; Knife
Suspect Info: Two prisoners convicted

Corrections Officer Lumley was killed when he was stabbed in the neck with a home made knife. Officer Lumley was attacked by six inmates and stabbed while other inmates kept his partner's attention diverted. Two suspects were convicted in his murder.

In recognition to his sacrifice, the facility Officer Lumley worked in was renamed to the Lumley Unit.

Officer Lumley had served with the agency for 5 years. He is survived by his wife and son.


HONOR THATS FOR YOU BRENT!

Anonymous said...

My god, that is horrible. I have a friend who is a prison guard up in Northern Ca. Very tough line of work.

your criminal complaint was what I was wondering about. I did not quite understand the sovereign thing within the indian nation. That was the basis for all my questions.

Thanks
like I said before, if you need help or someone to research with you, let me know

sanjuanflorist

joe said...

HOW MUCH FOR A DOZEN RED ROSES?


60 DOLLARS?

joe said...

SAN JUAN ,YOU SHOULD HAVE SAW THE JUDGES FACE WHEN WE WERE TALKING ABOUT THE CRIMINAL COMPLAINT THAT THE US ATTORNEYS OFFICE LOST AND I HAD TO RE FAX,,,,,,,,I TOLD THE JUDGE THIS IS A MULTI BILLION DOLLAR FAMILY BUSINESS (AND I COULD BE A TARGET FOR ASSASSIONATION )WE CAN,T HAVE PEOPLE MESSING UP AT THIS LEVEL AND I FELT THE SYSTEM FAILED ME!!!!

(HER JAW FELL OPEN)AND SHE SAID I HAVE A MEMBER OF HER OFFICE RIGHT BEHIND YOU!!!!!!!!!!!

joe said...

YOU SEE I DEFEND MYSELF AND I CAN SAY WHAT I WANT TO A CERTAIN POINT,AT SOME POINT THE COURTS ARE OBLIGATED BY LAW TO PROTECT MY RIGHTS AND MY LIFE!

THIS CASE IS SUPERBOWL OF THE INDIAN WORLD AND THE WAY THEY TREAT AND ABUSE DISENROLLED AND MORATORIUM AND BANISHED PEOPLE IS THE WORST CASE OF (CIVIL RIGHTS VIOLATIONS)THIS COUNTRY SEEN,AND THE NUMBER OF VICTIMS KEEPS GOING UP!

Anonymous said...

The banished could and should file a criminal complaint with the attourny generals office and call FBI go to media stand and fight together

Anonymous said...

a dozen roses in a vase with all the fluff is $69.95. :)

That is the one best thing about no attorney, is getting the right to speak and being allowed certain oops'.

Has anyone heard of the woman in Colorado that won a million dollar jackpot and the casino refused to pay, stating machine malfunction??

How many of your family is not enrolled?? It bogles my mind that families did not together or let other family members become aware that anything was happening. My great aunt tried to enroll sometime in the 80's I think but something happened. It may have been the January thing from what I gather from my 80ish year old cousin.

Does or did anyone know Steve Helm, buried at Pechanga??

'aamokat said...

Before the moratorium my brother who lives out of state tried to get his sons enrolled. we were told by a member of the enrollment committee that people had to be 18 years of old to enroll, which isn't true.

By the time his sons had turned 18 the moratorium had started so they were denied membership.

My mother representing my brother complained to the enrollment committee that my brother had been lied to by a committee member and she was told by a committee member, very loudly, to "get out" with a finger pointing to he door.

My mother then went to the tribal council and she was told that they could do nothing about it.

Mark Macarro told her, after she has said the committee had lied about the 18 years old requirment for tribal membership, that she should take out a petition to make it illegal for officials to lie to tribal members.

By the way, one of the things that occured before our disenrollment was that one of our family members along with other newly elected enrollment committee members in 2002 found that the enrollment committee was negligent in their duties including not enrolling people who had their applications in before the deadline.

But the council, the legal staff, and the committee ignored their concerns so the issue was swept under the rug.

Reportedly Francis Miranda said regarding not processing certain applications of people who ended up in the moratorium, "I don't care how many signatures they have if I don't think there is a blood connection, I am not going to process them."

So did she, on her own authority, illegally deny membership to certain people?

Anonymous said...

It is very odd and disgusting how one very small body of elected officials abuse their station.

How does the tribe handle or suppossed to handle bad leadership?? I assume in the tribes constitution or something it states how one can be evicted from office??

I assume different people were told different things about enrollment depending on who was acting charge for the day. I guess I assumed all this is a new problem, but even in the eighties things were growing in the indian nation, maybe the Marks of the world saw what was happening and started making and plotting even back then.

sanjuanflorist
p.s. It stands to reason that something was afoot due to rules of enrollment, who got enrolled and who didn't. My comment earlier was based on why there is such a split within a family half enrolled half not.

'aamokat said...

"How does the tribe handle or suppossed to handle bad leadership?? I assume in the tribes constitution or something it states how one can be evicted from office??"

Yes there is a recall provision of officials in the tribal constitution and bylaws where a petition can be drawn up and justified by a vote of the people and then, if it is deemed valid, can be voted into law by the people.

Before we the Hunters were disenrolled a rumor was going around that we were trying to take over the tribe by recalling the council, which would have been our right if we so chose to do so.

But it was never part of our plans which looking back was a mistake on our part because the council let us be illegally disenrolled and nobody so far as insisted that real justice be followed.

If we had tried a recall and failed we would have probably been disenrolled even though we would have been following the law of the tribe.

So we should have tried as we are out now anyway.

People are just afraid to stand up to the lawless people, namely the Basquez/Masiels who likely aren't even Pechanga themselves, but who seem to have some sort of unholy hold on the tribal government.

Anonymous said...

Hey sanjuanflorist, how did you into the moratorium so fast? it took me twelve years! Somethings amiss hear!

Anonymous said...

I just assumed that is where my paper work got put since I was given a letter in January that I have no further need to send in another application.

Hindsite is wonderful but in all reality, none of this should be happening. Everyone should follow their own laws whether personal, legal or otherwise. I just hope that when this gets resolved these same mistakes are not made again and those deserving enrollment are enrolled and before banishment, disenrollment, etc, can happen a third party shuld be envolved to keep things legal and fair.

sanjuanflorist

Anonymous said...

I was told many ,many times ,they were not execepting applications,so maybe you should find out.Unless their playing favorites.To many questions being asked, be carful people!

Anonymous said...

TIC ,TOC ,TIC ,TOC