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Friday, November 19, 2010

Santa Ysabel Band OUSTS Johnny Hernandez; He Refuses to Relinquish Power

GOODBYE JOHNNY!   What a difference a year makes.    We wrote last year that Johnny Hernandez kept his seat and now that has changed.
 Members of the Santa Ysabel Band of Mission Indians elected a new tribal leader earlier this month, but Chairman Johnny Hernandez has refused to relinquish his power, tribal members say.

Hernandez's refusal is the latest in a series of internal feuds for the North County tribe, whose reservation is located near Lake Henshaw. Tribal members elected Virgil Perez as their new chairman on Nov. 7, two tribal members said.

The tribe also re-elected Vice Chairwoman Brandie Taylor, whom Hernandez tried to fire last year. Perez and Taylor will be sworn in on Dec. 5.

Following the election, Hernandez refused to give the keys to the tribal hall to the new chairman or allow him access to tribal records. Perez and Taylor asked the Intertribal Court of Southern California on Monday to force Hernandez to turn over the keys and abide by the election results.

Hernandez declined to be interviewed. Taylor also declined to comment.

On Wednesday, the tribal court's judge agreed with Perez and Taylor. Judge Anthony Brandenburg authorized them to change the locks on the tribal hall.

"He (Hernandez) is acting like a spoiled child and doesn't want to give up what he has," said June Sortore, one of the tribe's estimated 700 members.

35 comments:

Anonymous said...

Punk stand down!

'aamokat said...

What's next, Hernandez and his supporters refusing to go by the tribe's wishes and moving forward to disenroll their opponents and their families?

If that does happen, the U.S. government will say it is an internal matter and they can't do anything because of tribal sovereignty.

Even though the tribe gets federal funding.

clint eastwood said...

I draw the clear line and state,the BIA( indians) should step in ,not the white man ,congress,etc,,,,.

I think we clearly see a pattern of whats wrong here?

The BIA is destroying everything!

Look at CAROL from washington,she was banished ,won her case in federal court ,and the tribe still told the Federal Judge to POUND SAND, the BIA STILL HAS their HEAD UP their A** and is not helping her?????

The BIA is going to be the cause of this chain reaction!

Anonymous said...

if you hate the "white man" so much, why do you always run to him when you cannot solve your own problems? Have some pride ffs.

clint eastwood said...

Number one,since you ask the question,look at the sorry ass help we get from the BIA none?

They are they ones with no pride!Number two,wheres your fight?

FFS CODE TALK ,

I don,t hate the white man,leave him alone the redman screwed this up! Are kidding me , Indians and pechanga have nobody to blame but themselves for this mess(well and butch)the masiell s, mark , jenny there , indians from other tribes that are to blame for this whole mess not the (white man)!!!!!

clint eastwood said...

BUMP, I had to bump this off the fred magee article most interesting.



November 20, 2010 9:30 AM
Anonymous said...
The non-members live in the past. They will never return to their former enrolled status along with the big monthly check. They had their opportunity during a simple due process as part of a written internal tribal disenrollment procedure to present their proof of tribal membership. They failed to do so. In turn, the enrollment committee, by its delegated authority, removed these non-members. This action corrected an error in the membership roll, conforming it with the membership criteria. As evident, this outcome embittered the non-members, who have since become even more hard-faced toward the tribe. Their bitterness has also changed their mentality to a more negative expression, which shows itself by lashing out at others and putting a negative spin on events concerning the tribe. By this negative behavior, the non-members aim to punish the tribe for returning them to their correct position as ordinary Americans. The general public appears not to care a fig about the plight of the non-members, who perceive themselves as victims of a cosmic injustice. The non-members should accept their proved status as such, and then fit themselves to the good life as ordinary Americans. The non-members in time would more enjoy their daily life without the false cloud they have put over it. The sunshine would reach the non-members, to warm and soften their faces, and to cheer their consciousness. A peace of mind would soon settle in, allowing a fuller enjoyment of their rights, benefits, and privileges as Americans

clint eastwood said...

Treat us like indians and we won,t go outside the CIRCLE (ITS THAT SIMPLE)!

well I speak for myself and others feel the same way I am sure.

clint eastwood said...

I just saw this ,lol did someone call enrollment? lol

Anonymous said...
ATTENTION ALL MORATORIUM PEOPLE meeting at pechanga office . to meet with enrollment people JANUARY 3 2011 to discuss REVIEW of enrollment papers. all moratorium people welcome come and ask question meet other people with same views lets get something started

needs sun in face said...

To person above when will the sunshine warm the face of the moratorium people?

Anonymous said...

I think that person should write love and romance novels,that was great! (I got a tear in my eye)


Turn that into rap ,give it to,(slim shady)Eminem!

Anonymous said...

That also sounds like Doctor Phil,hey doctor could you give the moratorium people some tips on how to move on with their lives.

They need peace of mind ,and the sun to warm their faces!This black cloud keeps following them around!

'aamokat said...

"They had their opportunity during a simple due process as part of a written internal tribal disenrollment procedure to present their proof of tribal membership. criteria."

How is it due process when the sisters and aunts of people and the mother of a person who submitted or signed statements that amounted to hearsay against our tribal membership sat in judgement and ruled on our our disenrollment cases while on the enrollment committee?

Especially since those same enrollment committee members previously had filed disenrollment charges against our family before any evidence had even been submitted against us and this first challenge of our membership was disallowed because nothing had been submitted yet so they got their family and friends to challenge our membership instead.

Article V of the Band's constitution and bylaws forbids mailie or prejudice against tribal members by elected officials.

So allowing those enrollment committee members to sit in judgement of us without being made to be recused in our cases violates this equal protection clause under Article V.

We lost by one vote on the committee and there were three enrollment committee members who should have been recused and would have been if the process had been fair.

'aamokat said...

How did we not prove our case when the biased enrollment committee who did not give us due process took it upon themselves to state that they could ignore any piece of evidence if more credible evidence existed.

What did they consider more credible than the notarized statement of vaunted (much praised) elder, called so on the tribe's own official Web site, Antonio Ashman who said when asked if he remembered our ancestor Paulina Hunter as a member of the (Pechanga) Band, "yes, I remember her as such."

Well they considered Vincent Ibanez, who was serving a term in prison for molesting children, as profiled on Megan's Law, who wrote a hand written non notarized statement from jail against our tribal membership more credible than Mr. Ashman's statement in our favor.

So if the process was fair and if we did get due process, then we would have not been disenrolled.

'aamokat said...

How did we not prove our case when the biased enrollment committee simple majority, who should have been made to be recused from ruling on our cases, also ignored elders from the historical period who during the 1915 probate hearings for Paulina Hunter's land, Dolores Tortuga and Jose David Rodriguez, who verified that Paulina Hunter was their neighbor both in one of the old Temecula Indian village sites before the reservation and also on the reservation when it was created.

Tortuga, in particular, said in response to the question, "did you know and were you acquainted with with the deceased Pechanga Indian allottee Paulina Hunter during her lifetime?"

She stated in a notarized statement, "yes, I knew her as a neighbor when WE PECHANGA INDIANS lived on the Pauba Ranch near Temecula, California."

So what did the biased enrollment committee slight majority, who should have been made to be recused from ruling on our cases, more credible than people who lived in the historical period of the late 1800's?

Child molestor Mr. Ibanez and also Raymond Basquez Sr, who was born over 40 year after our ancestor Paulina Hunter died but who claimed that deceased elders from previous generations, without any proof that they said what he claimed, had said that we the Hunters are not Pechanga, pure hearsay.

In addition Mr. Basquez is the brother of two of the enrollment committee members who should have been recused from ruling on our case.

So how again did we not prove we are legitimate tribal members and how again did we get due process?

'aamokat said...

Actually there is so much evidence in our favor that it is impossible to limit it to one or even two or more posts.

So how wss the process fair when other elders not from the CPP faction of the tribe, who the biased slight majority on the enrollment committee and their family and friends who submitted statements were from, submitted statements in our favor that directly contradicted those against us and how were the statements against us more credible than people like the late Norman Pico Sr and Marie Russell who were in favor of us?

Also the enrollment committee hired Dr. John Johnson of the museum of Natural History who said that according to surviving historical documents that were are legitimate tribal members.

Remember the committee hired him not us and then chose to ignore his findings.

needs sun on face said...

wait aamokat,let doctor phil answer me, let healing begin,,,,,how do us moratorium people get the sun to shine on us we don't want to be the victims of cosmic injustice!

'aamokat said...

One last post here on our disenrollment case:

On July 17, 2005 the general membership of the Pechanga tribe voted to end disenrollment as a part of law, that everyone who was a tribal member as of the justification date of the proposed law of June 19, 2005, would remain a tribal member.

The new law ended the disenrollment procedures as a part of tribal law so they were not even in existance when we the Hunters were disenrolled on March 16, 2006.

We didn't find out we were not included in the new law until a letter from the tribal council dated March 14, 2006, just two days before we were disenrolled, obviously timed so they we could not respond to the ruling.

I can also take apart the councils letter but I am growing weary.

See, I told you the case in our favor is overwhelming and there is so much that supports us I could go on an on.

So gentle readers do you believe, the tribal hack who says we didn't prove our case and we got due process who just posts general statments, or us who post facts?

I know my posts on this thread are getting a little long but I hope take the time to read them all.

Luiseno said...

"We didn't find out we were not included in the new law until a letter from the tribal council dated March 14, 2006, just two days before we were disenrolled, obviously timed so they we could not respond to the ruling. "

During the vote On July 17, 2005 when the general membership voted to end disenrollment. It was asked if the Hunters would be covered in the removal of the law. Where upon the Chairman Mark M. stated that ALL MEANS ALL. So when the General Membership voted to remove the disenrollment procedure, they did so with the idea that the Hunters would be allowed to remain in the Tribe. The General Membership was voting to keep the Hunters in the Tribe, and not disenroll them, as this is what they were informed would happen if the vote passed (which it did by a HUGE margin).

Anonymous said...

Yes Tribal Hack Has a way of spouting out Fake Indian reason with no facts as always trying to say that disenrolleed are negitive well what you think keeping TRUE DESENDENT ALLOTTEES FROM HERITAGE BY BANISHMENT ORDERED BY YOUR CORRUPT MARK MACCARO RUN TRIBAL COUNCIL we are not stupid if PECHANGA BANISHES 7 GENERATION TEMECULA INDIAN ALLOTTEES TO KEEP THIER LAND[ HI BEN !NEWLY ELECTED TO TRIBAL COUNCIL]why would you tribal hack think anyone on this blog would believe your BULLSHIT,WE HAVE AUDIO TAPED EVIDENCE THIS OCCURED THE TOSABOL CLAN HAS LOST ONE OF OUR ELDERS A FEW WEEKS AGO HE WAS ONE OF FAMILY BANISHED HE WAS 74 HE WAS FIGHTING FOR HIS HERITAGE AND LAND NOW HE IS RESTING NEVER TO HAVE REALIZED HIS DREAM.HIS PASSING HAS RENEWED THE WARRIOR WITHEN US -- MEET AT THE RESERVATION IN JANUARY LET US UNITE NOW TAKE BACK WHAT IS OURS ATTENTION BIA ,DEPARTMENT OF INTERIOR DO YOUR DAM JOB AMMEND ENFORCEMENT OF THE INDIAN CIVIL RIGHTS ACT STOP THIS RAPING OF INDIAN HERITAGE,CULTURE POLYSQWALIS

go polyqwalis said...

Go moratorium people!!!!!!!!

Go tosobols!!!!!!!!!!!!!!!

Anonymous said...

Hay Clint Eastwood does that mean you are a white man or just a want to be so what if moratorium people want to get together sounds to me you might be scared but of what the truth that moratorium people belong and maybe your family does not

clint eastwood said...

Oh your the wetback guy? its "hey"not hay for horses,and ya,maybe I am fake, perfect for the tribe right?

Did you know the 44 magnum is the most powerful handgun in whole world?

Did you wanna talk smack to me like you did on that other article to some other people? get busy and do it boy?

'aamokat said...

I am sorry to hear about your loss Tosabol Clan. Who passed away? My prayers go out to your family.

I hope the moratorium people take with them to the enrollment committee a copy of the Band's constitution and bylaws and point out that under Article VIII, "the general membership is the final authority in all matters of government and business of the Band except as stipulated in these bylaws."

Well it is stipulated under Article II that "the enrollment committee shall open the enrollment the first month of each year."

So on that basis the moratorium should be overturned.

clint eastwood said...

Nothings going to happen aamokat,all we will hear is stories from Mr.Hay, are latest public speaker who

1.trashes people and talks about nobody protesting or about running over protestors (true nobody protesting).

2.ARE (COSMIC POET)which makes good points about negative spins on stories ,because nobodys protesting ,the public does not care about smack talk on a website?


3.Maybe there should be positive stories about people going on with their lives ,acting career's ,writing books ,websites, opening business, etc......

4.Who wants to listen to Mr Hay.Sounds to me like someone is trying to get a negitive spin of this article with Mr.Hay ,,,,,

'aamokat said...

We are trying to get on with our lives but that doesn't mean that we should ever abandon our cause.

Can anyone honestly claim, other than someone like the tribal hack who wants to run us into the ground anyway and who doesn't care anything about us, that the facts are not on our side and that our rights were not violated?

The vast majority of evidence all the way down the line was in our favor

Ironically though there was one piece of evidence that was submitted in our case that could have been hard to explain but the enrollment committee didn't seem to notice it.

Which shows they really didn't examine the evidence at all but just made the decision that was already decided against us going in because if they really had looked at everything, they would have brought this issue up but they didn't.

But even so other evidence far outweighed this one item.

By the way, it isn't up to me to point out what this evidence was.

Anonymous said...

Jene Schweine werden in der Hölle brennen!

Anonymous said...

Sie werden um den Gott bitten, um ihnen viele Jahre lang der Vergewaltigung zu verzeihen, aber es wird zu spät der Wille-Brandwunde in der Hölle sein!

Anonymous said...

Die Tore der Hölle öffnen sich für sie bald!

Anonymous said...

Ich bin der Colt in Ihrem Stall,

Ich bin, was Kain Abel war,

Anonymous said...

we lost ruben aguirre

Anonymous said...

I wonder if the family will post info or article?

Anonymous said...

I am sorry that the tribe treated an elder such as Ruben they way they did. I hope you get some fairness in your quest.

White Buffalo said...

Anonymous posted

Those pigs will burn in hell!


They will ask for God to forgive them for many years to the rape, but it is too late-the will burn in hell

The gates of hell open for them soon!

I am the Colt in your stable

I'm what Cain was Abel

Anonymous said...

sounds like we have nazi`s in the tribe!
, dose`nt surprize me at all

stand your ground said...

Anonymus above 3.45 pm

I think you got that wrong, the poster is not a tribal member, by the way, just because someone speaks German does'nt make him a Nazi.
The sentence structure of the German language is not quite right, so I guess it is written by a student or a teacher, a good try though.