Friday, April 23, 2010

Indian Rights Forum to Be Held in Temecula, Chairman Mark Macarro Again LIES!

Mark Macarro is again pushing his lies about courts siding with Pechanga. Not ONE has "sided" with them. Many have refused to hear the cases, citing jurisdiction.

A disenrolled member of the Pechanga Band of Luiseño Indians of Temecula is helping host a forum in Temecula on Saturday focusing on civil rights abuses by American Indian tribes.

Testimony at the forum sponsored by the American Indian Rights and Resources Organization will be sent to federal officials and the United Nations, which is examining the United States as part of a periodic review of member nations' human rights records.

The forum is open to the public and will take place from 10 a.m. to 4 p.m. at the organization's headquarters, 41801 Corte Valentine.

Organization president John Gomez Jr. said the forum will provide an opportunity to speak for those whose rights were violated by tribes.

A similar forum last Saturday in Sacramento drew 25 people, he said, adding that this marks the first time his organization has held such a forum. OP: Including those from out of state.

"We expect that these sessions will provide insight to the growing number of human and civil rights violations committed by tribal officials, as well as the United States' failure to uphold and enforce treaties and laws enacted to protect individual Indians from such gross and egregious acts," Gomez said in a statement.

In an interview, Gomez said that while attention has been focused on Indians whose rights were violated by governments, the actions of tribal officials also need scrutiny.

He said tribal members have been stripped of their citizenship and denied access to their homes, while the federal government failed to protect their rights.

Gomez was among 130 Pechanga members kicked out of the tribe in 2004 after tribal officials said they were not descendants of Pechanga Indians. Another 100 or so members were disenrolled in 2006. OP: Since then, more than 2 dozen new descendents have not had access to their tribal rights. Additionally, HUNDREDS more are caught in an unconstitutional moratorium.

MACARRO again lies:

Asked to comment on the forum, the tribe provided a written statement from Tribal Chairman Mark Macarro saying the disenrollments "were just, based on facts, proven through generational knowledge (OP: THIS GENERATION), and encouraged by federal laws that empower tribal governments to reverse the destruction that prior U.S. policies inflicted on American Indian tribes. Seven courts have agreed with our tribe."

Each member of the tribe gets a six-figure annual payment of profits from Pechanga Resort & Casino. Those who were disenrolled lost those payments as well as access to other benefits.

Read more of the article HERE

Here's a history of how the Pechanga Casino has brought corruption to a head:

1. In December 2001, Yolanda McCarter (niece of Irene Scearce and Ruth Masiel) submitted a letter to Enrollment Committee demanding the Committee research several families including ours. The request stated that "this (be) straightened up before the next election in July."

2. In June 2002, Enrollment Committee Chairperson Mary Magee, sister of Gloria Wright, is removed from the Committee for divulging confidential information. A petition is justified to amend the Disenrollment Procedures. A vote to approve or deny the petition is set for July 2002.
(Petition is not brought forth until February 2003.)

The newly built Pechanga Resort and Casino is opened. This is a permanent structure which replaced the original Casino structures which were in modular and sprung structure.

In October 2002, 2 new members are elected to Enrollment Committee to bring membership up to required 10 members. (A member retired from Committee in September 2002). Olivia Walls is elected Committee Chair, and we request an audit of Enrollment Committee activities for the previous years and advice from our legal counsel at California Indian Legal Services on how to address wrong-doings by Committee and Committee members. Our legal counsel is told by John Macarro (shorter, younger brother of Pechanga Chairman Mark Macarro) not to take any action to assist the Committee or answer our questions regarding the wrong-doings.

3. November 12, 2002, members of the Enrollment Committee, acting without a quorum and outside the Committee's procedures, serve several other Committee members with disenrollment summonses. The Committee members who took the action were- Irene Scearce, Ruth Masiel, Frances Miranda, Margaret Duncan, and Bobbi Lamere. Those served include John Gomez, Theresa Spears, Olivia Walls, and Sandra Garbani.

4. On December 10, 2002, Concerned Pechanga People submit documents to the Enrollment Committee questioning the lineal descent of several families including the Manuela Miranda descendents, Paulina Hunter descendents, and Garbani descendents. This action was taken a month after the above action. The Concerned Pechanga people are immediate family and friends of Committee members who initiated the November 12, 2002 action. (See list of Pechanga Enrollment Committee members, Splinter Group and Concerned Pechanga people).

5. Between December 10, 2002 and February 23, 2003, Concerned Pechanga people make visits to Enrollment Committee and send out flyers to Tribal members urging disenrollment actions be taken against the 3 families they have targeted. The Enrollment Committee does not move forward due to a split as to how to proceed and what constitutes "factual" information related to enrollment.

6. The Concerned Pechanga people move to have Pechanga Development Corporation Elections post-poned until disenrollment occurs. After the PDC elections have been put off for over a month, elections are finally held and Jennie Miranda is voted out of office. She is replaced by a member of the Hunter family. She and members of her family make statements about getting revenge on the Hunters and Manuela people.

7. February 18, 2003, members of the Enrollment Committee, acting without a quorum and outside the Committee's procedures serve several other Committee members with disenrollment summonses. The Committee members who took the action were- Irene Scearce, Ruth Masiel, Frances Miranda, Margaret Duncan, and Bobbi Lamere. Those served include John Gomez, Theresa Spears, Olivia Walls, and Sandra Garbani.

8. From February 24, 2003 to March 18, 2003 Committee is locked out while the Tribal Council reviews actions and concerns of Enrollment Committee Chair.

9. March 7, 2003 letter from Tribal Council nullifying the February 18, 2003 action taken by Committee members to initiate the disenrollment process against several other Enrollment Committee members. Enrollment Committee members removed from committee and Enrollment Committee reconstituted.

10. March 18, 2003, Enrollment Committee now consisting of Bobbi Lamere, Margaret Duncan, and Lori Vasquez reconvene. Committee drafts letters of rescission and send to Committee members who were targeted by February 18, 2003 action.

11. Between March 18, 2003 and June 1, 2003, Concerned Pechanga people meet with the Enrollment Committee to provide additional information against the 3 families targeted and to push the Leyva/Basquez review before the review of any other family. The information questioning the Leyva/Basquez family (which includes Jennie Miranda, Irene Scearce, and Ruth Masiel) was received well after the information questioning the Manuela descendents and the other families. Procedurally, the Manuela descendents and other families should have been reviewed prior to the Leyva/Basquez family and/or the Candelaria Flores review. However, the Enrollment Committee consisted of members- Bobbi Lamere and Margaret Duncan- who acted with and for the Concerned Pechanga people. Even though the Manuela descendents provided information to the Enrollment Committee as early as December 17, 2003 refuting the allegations made by the Concerned Pechanga people, those working with, for, or were/are a part of the Concerned Pechanga people were pushed ahead of us in the review process. This was done to stack the Committee and guarantee our disenrollment.


Anonymous said...

The "facts" presented to the Hunter's at their disenrollment hearing were hand written notes on napkins written my a convicted child molester while incarcerated. There were no "facts" presented and members of the enrollment committee admitted that they could "not read at the time".

OPechanga said...

Pechanga Chairman Mark Macarro is a master of deceit and lies.

But, as long as Temecula makes money, they'll support him.

Hey, I didn't read about this on Victor Rocha's site, what's up with that?

Anonymous said...

What is the splinter group? Are they the same as the concerned Pechanga? Coming in late. Sorry.

Anonymous said...

The disenrollees cannot accept their status as non-members. Further, the disenrollees engage in misleading statements -- for one, by claiming their rights as tribal members have been violated by a tribal government. Instead, the disenrollment of the non-members followed a simple due process as part of an internal tribal government written procedure. The non-members, while still enrolled, had every opportunity to present facts and information to support their membership status, but failed to do so. Instead, the non-members asserted lineal descent from Pablo Apis, a Luiseno Indian man from the San Luis Rey area, near present-day Oceanside. The non-members in effect disenrolled themselves by claiming an ancestor from elsewhere than the Temecula area. In turn, the Pechanga enrollment committee took appropriate steps to remove the non-members from the membership roll. The higher courts side with the decision of Pechanga to remove these non-members, by applying the legal doctrine that tribes determine their own membership in their own forum. The non-members mislead others also by saying the tribal government or its leadership violated their civil and human rights. The non-members beg the question. After all, how could non-tribal members have their tribal rights violated? The non-members ask others to presume tribal membership when it does not exist for them. The non-members have no standing as tribal members because they lost their tribal enrollment, and for good reason. In addition, the non-members really seek not a forum to address civil and human rights violations, but a forum to address and reverse their disenrollment. This door may open. It will lead nowhere. The non-members should stop making undue noise about their plight, and go on with their lives as ordinary Americans who may have Indian ancestry.

Luiseno said...

We had ALL the facts on our side, but the enrollemnt committee told us that they could choose to reject any information at there own whim, and did not have to provide a reason for doing so.

For years of the governing body stating over and over to the General Membership that no familys were slated for disenrollment.

Mark M. stated during our hearing that he was completely unaware of Antino Ashmans statement that he knew Palina Hunter as a member of the Tribe, nor was he aware of the report by Dr Johnson. So not only did he NOT take into account all the information, but he hadn't even reviewed any of the information we submitted before our meetings.

Mark M. states that "only a Tribe knows its own history", but I ask, if only the tribe knows its own history, why did they hire Dr Johnson to research it for them, not once but several times? They paid BIG bucks to have him do this.

Those against us try to sway others by repetition of assertion, accusation, and innuendo minus any factual material. This is the EXACT methodology used by those who accused us. They even stated in there origional letter that "documents meen NOTHING", and no matter what evidence material we presented, it meent NOTHING.

We had stacks of evidence (I never weighed it, but I wouldnt be surprised it if litteraly came in at over a hundred pounds). Hard printed FACTS. Historical FACTS. ALL pointing to us being directly related from an origional Temecula Pechanga Indian.

Facts that the enrollment committee choose to ignore (but we shouldnt be surprised, they did state to us in writting that they could choose to ignore and reject ANY information at there choosing).

And the above Anonymous writer is oh so wrong, we never claimed to be related to Pablo Apis in ant way of form! I have no idea as to where he gets his information.

White Buffalo said...

Someone is grasping at straws

Someone is nervous

Someone is spewing the same old $%^&

Someone knows that we were wronged

Someone is afraid to show who he or she really is

Allen L. Lee said...

Three days ago New Zealand embraced the United Nations Declaration on the Rights of
Indigenous Peoples. It's expected that Canada and the U.S. under Barack Obama, will follow suit after the refusing to endorse the Declaration in 2007.
Parties from all positions of the dis-enrollment issue should be prepared to engage each other in a safe and productive manner that will lead to a peaceful resolution.
There are points of agreement and points of dispute in your position with regards to the Declaration.
while the Declaration states:
"Article 33
1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. ...
2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures."
It also states that:
"Article 8
1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture."
One must examine this position by anonymous:
"...The disenrollees cannot accept their status as non-members....The non-members should stop making undue noise about their plight, and go on with their lives as ordinary Americans who may have Indian ancestry."
and ask if this is not a statement advocating forced assimilation?
It would be virtually impossible to find an indigenous isolate peoples in North America that survived European Colonization and American Manifest Destiny.
It may be true that Pablo Apis:
"Pablo Apis was born about 1792 at Guajome near Mission San Luis Rey. "
but one should ask the question, was he an integral member of the Indian community before he died and the people were re-located to Pechanga? I find the answer here:
"The revolt began when the Indians killed four invalids at Warner's Hot Spring and two of Warner's employees as well as two groups of sheepherders crossing the desert. Other Indians declined to participate, actively helping the Americans instead. Juan Antonio, a chief of the Cahuilla captured Antonio Garra and turned him over to the Americans. Pablo Apis wrote the alcalde of San Diego on November 21 that "...we (the Temecula village) wish to leave here for the Mission of San Luis Rey...until things are settled."29 Apis also wrote to Abel Stearns in Los Angeles, who had cattle at the Laguna (Lake Elsinore), advising him to move his herds to safety at San Luis Rey.30 The Luiseños gathered at the Mission and remained there until the end of December when the danger had passed, at which time Pablo and the Indians returned to Temecula.31"
Both he as a missionized neophyte Indian and the indigenous Temecula Indians left for safety as one community.

Allen L. Lee said...

So I ask the question, anonymous:
At what point do tribes stop penalizing tribal members for the forced assimilation of their ancestors?
Do they stop at Spanish Missionization?
Do they stop at Indian schools of the U.S.?
Do they stop at urban re-locations during the termination era?
Case in point:
“Years before she became the first woman elected chief of the Cherokee Nation and decades before receiving the Presidential Medal of Freedom, Wilma Mankiller was a powerful advocate for American Indian families in the Bay Area.
…The tribal leader grew up in a housing project in San Francisco's Hunters Point neighborhood and worked in Oakland in the 1970s. Her family moved to the Bay Area in the 1950s as part of a government relocation plan for American Indians….”
Do they stop at tribal members graduating from the University of California and raised in Colton?
I can imagine few indigenous people in North America un-affected by European colonialism and American conquest. To penalize both the descendants, and the ancestors of those tribal members affected is unjust.

stand your ground said...

The corrupt chairman Mark Macarro of Pechanga is a lying sack of crap.
That is actually the nicest thing one can say about him.
There is so much more to say about this CREEP, but I am trying to be nice, so I won't.

'aamokat said...

Our anonymous tribal hack said, "the disenrollment of the non-members followed a simple due process as part of an internal tribal government written procedure."

Below are some examples of the "supposed" due process of law that our resident tribal hack claims were fair and impartial:

1. Pechanga tribal elder Raymond Basquez Sr submitted a statement dated June 8, 2004 against my family’s tribal membership, the lineal descendants of Paulina Hunter, but his sisters Irehne Scearce and Ruth Masiel, while sitting in judgment of my family’s fate while serving on the enrollment committee, were allowed to rule on our disenrollment case.

2. Also, Mr. Basquez’s nephew, Andrew Masiel Sr, the son of Ruth Masiel, while serving on the tribal council, was allowed to rule on our appeal of the enrollment committee’s March 16, 2006 decision to disenroll us.

3. In addition, the following individuals submitted and/or signed a statement of December 10, 2002 against my family’s tribal membership and are directly related to enrollment committee members Irehne Scearce and Ruth Masiel:

Yolanda McCarter-Irehne and Ruth’s niece
Prisilla Alvarez-Irehne and Ruth’s niece
Richard Scearce III=Irehne’s son, Ruth’s nephew
Raymond Basquez Sr-Irehne and Ruth’s brother
Ronald Rivera –Irehne and Ruth’s nephew
Melissa De Costa-Irehne and Ruth’s great-niece
Art Masiel-Ruth’s son, Irehne’s nephew
Barbara Basquez-Irehne and Ruth’s niece

And Aurelia Maruffo, the niece of enrollment committee member Francis Miranda, who was allowed to rule on our disenrollment case, also signed the December 10, 2002 statement against my family’s tribal membership.


Is there anything fair and impartial about allowing close relatives of people who submitted and/or signed statements against my family's tribal membership to rule on our disenrollment case?

It is clear that Article V of the Band's constitution was violated by allowing biased enrollment committee members who had a conflict of interest to decide my family's fate.

Anonymous tribal hack, why do you care what we write on these sites if you are right and/or think we can't do anything about what happened to us?

Because if truth wasn't on our side it wouldn't matter what we say would it?

One more post on the hack's assertions.

'aamokat said...

Our anonymous tribal hack said, "the disenrollment of the non-members followed a simple due process as part of an internal tribal government written procedure."

Below are some more examples of how due process wasn't followed when we were disenrolled:

First of all the disenrollment procedures didn't even exist as a part of tribal law since June 18, 2005 so any actions taken after this date, and we were disenrolled on March 16, 2006, were illegal according to tribal law but even if the procedures did still exist, they were not even followed as shown below:

Section 4, Automatic Disenrollment If No Response, of the disenrollment procedures stated, “The enrollment committee shall send a letter to the disenrolled individual informing him/her of their disenrollment and noting the specific reason(s) for disenrollment.”

But in the letter the Hunter family received from the enrollment committee dated May 3, 2005 informing us the disenrollment process was initiated against us stated, “based on information in its possession, the enrollment committee has questions regarding the chain of lineal descent of your ancestors in the 1800’s and early 1900’s.” But the committee never specifically said why we were being disenrolled, a violation of section 4 of the disenrollment procedures.

Also, under section 5 of the disenrollment procedures, Meeting between the Individual and the Enrollment Committee, the committee was supposed to show specific evidence that would prove that the documentation for enrollment does not provide lineal descent for the individual.

But all we were given were several statements by members of the Concerned Pechanga People (CPP) faction of the tribe, among them close family members of committee members Irehne Scearce, Ruth Masiel, and Francis Miranda, that said we have never been recognized as tribal members and/or made assertions that are directly contradicted by other recognized tribal members who submitted statements in favor of my family’s tribal membership and also by Dr. John Johnson, the committee’s own hired expert on the ancestry of Hunter family matriarch Paulina Hunter who has stated that we are indeed Temecula Pechanga Indians.


So again anonymous tribal hack, why do you care what we write on these sites if you are right and/or think we can't do anything about what happened to us?

Because if truth wasn't on our side it wouldn't matter what we say would it?

Gentle readers, how fair does any of this sound to you?

Can we say kangaroo court?

Anonymous said...

The fact is the critic has no facts and never will. The critic or critics continue to bring up the fact that the Hunters common ancestor Paulina Hunter was never recognized by the BIA, and others as being Indian. That people are unaware of her her parents were. This misinformation was circulated at CPP meetings, and fueled this faction to question the enrollment committee to initiate its investigation.

The enrollment committee had little knowledge of the history of Paulina Hunter to go on from the early 1800's, so they hired a renowned anthropologist Dr. John Johnson to investigate Paulina Hunter. His report stated the Paulina Hunter was a Temecula/Pechanga Indian, and the man most likely to be her father was born at Pechanga in the late 1700's according to the limited information available.

The CPP faction did not like this, so they encouraged the enrollment committee to proceed with the disenrollment process. Frances Miranda, member of CPP and enrollment committee said "it does not matter what paperwork they have, they are going to be disenrolled."

The questions of who Paulina Hunter was and who her Parents are was answered by there own hired expert.

The enrollment committee continued the disenrollment’s of the Hunters stating they descended from the San Luis Rey tribe, and that somehow this makes them Non-Pechanga.

The funny thing is, anyone who really knows the history of the Temecula Pechanga Indians, knows that the San Luis Rey mission was central point and ties many tribes and triblets together via baptism and marriages.

The end result, the enrollment committee disenrolled the Hunters for having San Luis Rey tribe on the 1928 application for the California Indian rolls. That is the sole reason stated on the record of decision.

Anonymous said...

Mark Macarro is quoted as saying to the Press Enterprise "what goes on internally at Pechanga is no business of the white man."

On June 5th 2005 a petition was brought to the band to end all investigations of families for the purpose of disenrollment. The CPP said this petition was illegal. The tribal council found this petition to be legal with the assistance of the legal council. The petition then was ratified by the General membership. This legal petition passed with an overwhelming vote of the people. During the debate of the petition, the CPP members asked if this included all currently enrolled members. The legal council and the tribal chair said "all means all."

Without bringing the question back to the people, the council instructed the enrollment committee to continue the investigation of the Hunters, and held no tribal meetings for a long period of time. When the people heard of this, they attempted to question the council at a “special” meeting, and Mark Macarro swept it under the carpet, and said that this was not a forum approved to question them.

End result was the disenrollment of the Hunter family via illegal disenrollment procedure that was no longer part of tribal law. The will of the people was ignored.

Now tribal members live in fear if they ever try to bring this fact up. They in turn will be held at the mercy of a corrupt council, and enrollment committee.

OPechanga said...

Victor Rocha, Mark Macarro has a lackey that asks, then why don't the people vote them out?

What happens is, there are now fewer opposing votes. If you ELIMINATE votes, you control what happens.

For instance, in Congress, the Democrats have stacked the deck in committees, meaning any legislation they want can come out of committee because the have the preponderance of the votes.

Similarly, now that there are fewer opposition votes, those from the splinter group now in power, can ride roughshod over any who oppose them.

NOW, that's the real reason to eliminate 25% of the votes, to have POWER and CONTROL, and also, to enrich themselves on the backs of real Pechanga Temecula people.
Keeping others OUT, means they don't have to worry about voters coming in, even though the CONSTITUTION of PECHANGA says OPEN ENROLLMENT.

Luiseno said...

This is precisely why the disenrollments came just before scheduled elections, no coincidence there. This was true for both disenrollments!

'aamokat said...

First of all Dr. John Johnson's report on the Hunter family ancestry, called flawed by our opponent, simply clarified our position of being true tribal members so we proved who we are even without it.

The eye witness testimony from elders from the historical period of the late 1800's given during the probate for Paulina Hunter's land allotment and before the first written enrollment application of 1978 as well as from elders not from the CPP faction of the tribe is consise legal evidence that should have answered any questions any reasonable people may have had.

And this legal testimony is backed up by the census records of the time.

But back to the questions as to Paulina's parents, Dr. Johnson does indentify Paulina's parents as Mateo Quasicac, who by the way is the only Indian listed in the Pardrones, the censuses of the early 1800s conducted by the San Luis Rey Mission, who was actually born at the place called Pechanga and Hilaria Nesecat whose mother Restituta was born in the Temecula Indian village.

Dr. Johnson explains that even though Paulina's marriage record to Thomas Gordon Hunter in the 1860s listed her last name as Walla that accross the board the Mission Indians of the period had various last names from generation to generation until one name stuck as a name to be passed on to future generations.

So other families could be questioned, in fact our anonymous critic likely had the same problem tracing his linage, on the basis of different last names from the past as well.

The different first name of Paulina's mother, was it Eualia or Hilaria?, can also be explained.

Likely the priest making Paulina's marriage entry wrote down Eualia, a common name for Indian women of he region from the period, when he translated the name Hilaria into Spanish as the pronuciations are similar.

Back to Paulina's father, Antonio Ashman in his depostition in support of our tribal membership prior to the first written enrollment testified that he remebered that Paulina was related to Michaela Quilich (Quilig), who was the daughter of Mateo Quasicac through a different mother.

So that would make Paulia and Michaela half sisters.

I will continue my treatment of our critic's assertions on another post.

'aamokat said...

Our anonymous critic claims that we don't have Certificates of Degree of Indian Blood (CDIB) and that Hunter family matriarch was never tracked as an Indian by the BIA.

However, we the descendants of Paulina Hunter do have CDIBs and our probate records, even those whose probate for their deceased loved ones that have as gone through after our disenrollment, have official probate documents that list our loved ones as Mission Indians (Pechanga Band).

So we have legal docments proving our case while our opponent(s) just make hearsay statements.

Again Gentle Readers who do you believe, them who have no proof or us who have proof.

In closing, we have answered our critic's questions many times, just check the archives here, but know that it is unlikely he will stay around for more discussion as he will wait to come back and make his hearsay statements again after these posts are off the front page of this blog.

P.S. if our critic is from the Basquz/Masiel family line, they have a lot more gaps in their family history than any other family so is it any coincidence that they are the ones who led the charge and continue to lead the charge against true Temecula Pechanga people?

Anonymous said...

Well done Aamokat. We will keep repeating the evidence and they will keep repeating the lies.

Thank you for your perseverance.

'aamokat said...

Thanks for the encouragement Anonymous of May 1, 2010 4:49 PM.

To our tribal hack critic, how again were we the disenrolled afforded due process when the council allowed biased close relatives of people who submitted and/or signed statements against our tribal membership to rule on our disenrollment cases?

And how is this not a violation of the equal protection clause of the Temecula Band's constitution and bylaws, sometimes referred to as the Pechanga Band, under Article V?

I am still waiting but are you going to wait a few weeks and then post your stupid simple due process statement again?

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