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Saturday, April 5, 2014

Takedown of Mark Macarro's Statement on Disenrollment at Pechanga

In 2006, following the termination of citizenship of an entire family line of Original Pechanga Allottee Paulina Hunter, who was disenrolled posthumously over 100 years after her death, Pechanga Chairman Mark Macarro released a statement, which we take down here: 

Mark Macarro
Pechanga Chairman
Abuser of Native Americans.



"The right to determine our citizenship is central to Pechanga's identity as a distinct sovereign government.  
   
OP:  Violations of Pechanga’s Constititution notwithstanding?  The General Council (Tribal Members) is the final arbiter and in one of the largest turnouts in tribal history, voted overwhelmingly to STOP ALL DISENROLLMENTS.   The General Council voted to ADOPT Council Member Butch Murphy’s family heirs, even though provision in Pechanga’s constitution state ONLY Indians can be enrolled.

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."             

OP: Honorable tribal officials enforce procedures and Pechanga laws were not followed. If Mr. Macarro was looking to do the right thing, Pechanga Council Member Andrew Masiel should have recused himself for any appeals process, as his mother, Ruth Masiel and aunt Ihrene Scearse were on the enrollment committee. 

"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."               

OP: ALL findings were thrown out via a VOTE OF THE PECHANGA PEOPLE, who rule in all matters.  Additionally, not one member of the enrollment committee was qualified to, and did not write the record of decision.  There is no court that would rule that Ruth Masiel was competent to make a decision of this magnitude.

"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."     

OP:  Few lies are as big as this one.  NO large family was ever disenrolled.   This was political, as Apis descendants are STILL in the tribe.  And the Hunter family still lives their original allotment, held IN TRUST by the Federal Government, unlike the Macarro Family, who is a re-purchaser of land.   If it had nothing to do with politics, WHY were both disenrollments, totaling 25% of eligible voters, done just prior to Pechanga elections.  Why did per capita payments go UP after both disenrollments?


The corrupt Macarro council did not follow the willl of the people.  His cabal overruled the General Council saying in fact that the tribe could vote to keep people out, as they did with the moratorium, but not keep them in.

41 comments:

smokeybear said...

Why isn't any coverage being given to the Tribal Leaders Conference at Pechanga Indian Reservation in Temecula on June 2 &3 and the Protest/Rally against Human Rights Violations set to coinside with this Conference. Casino Tribes have been eliminating legitimate Indians from their membership against their respective constitution and by laws without due process. Why hasn't anything been said? This rally will encompass all "Native Americans" in Indian Country that have been "Ethnic Cleansed" from their respective tribes for corruption and greed, without due process, and Pechanga being one of the worst violators by disenrolling 25% of its membership. I'm afraid that the Pechanga Rangers Indian Police aren't going take this Rally lightly, for there has been times when they react with certain violence against their own, and this seems to be common place, because who's to stop them?TRIBAL LEADERS CONFERENCE Temecula Police won't, and again this Rally will go on June 2 &3 at the Pechanga Casino, Temecula Ca. This could very well happen here at the Protest/Rally for our rights to our Heritage and Birthrights have been stolen by these Tribal Leaders by Illegal disenrollments and banishment. Most of us are Allottees of lands by land grants from the government back in the 1800"s when there wasn't a casino. We in Indian Country would appreciate you to at least look into this, This is big and it has been a long time coming. This Protest/rRally now has a Nationwide following. The fires have been fueling for years, and now the fire is out of control. You don't want to miss this? People have taken to the streets in the Middle East for Human Rights Violations, now it is our turn. wayne mong fontana, ca 951 897 6681 originalpechanga.com...

Does anyone rembember this back in 2011? We gave it a good try, but nowone picked it up. I sent this to all the news sources, and they all "IGNORED IT!"

Anonymous said...

Mark Macarro made this statement and it is true it is the right to determine tribal membership and I quote Mark "Tribal Nations have sole jurisdiction and authority to establish and ENFORE PROCDURES to determine their own tribal citizens". Mark failed to inform every one that no Pechanga Tribal Procedures were followed and all documentation was thrown out even the anthropologist report from Dr. John Johnson the expert that they hired. There has been no court case as of yet on disenrollment if there is I would like to know the case number and the tribe.




Marks next statement "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." There was no tribal process or law and all findings were thrown out. There was even 2 letters sent in to the Enrollment committee and the Tribal Council pointing out the tribal procedures and by laws that were not followed and to review it based on tribal procedures and by laws that were not followed. to this date no response on the procedure and by laws violation.




Marks other statement "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 disenrollment's have happed but never whole family line they of persons that were found out that they were from another reservation and never has a original allottee has been disenrolled. When Pechanga was formed the government came in and gave original Temecula Indian trusted land and this trusted land is the bases for Pechanga Indian Reservation. Mark states it has nothing to do with politics or profits well recently Mark has a water bill asking to take away the water rights of the disenrolled allottees so he can sell it to the water district. his sole reason is for the money even though the allottees have documentation from president McKinney deeding the allotment to them to form the reservation and the B.I.A. recognizes them as being Pechanga Allottees go figure that.

Anonymous said...

I thought Mark was kind and supportive, looks and actions show different.

'aamokat said...

Not only should

"Honorable tribal officials enforce procedures and Pechanga laws were not followed. If Mr. Macarro was looking to do the right thing, Pechanga Council Member Andrew Masiel should have recused himself for any appeals process, as his mother, Ruth Masiel and aunt Ihrene Scearse were on the enrollment committee."

Not only that, Ruth Masiel and Ihrene Scearse are sisters of witnesses such as Raymond Basquez Sr. and Andy Masiel is the nephew of Mr. Basquez as well. Huge conflict of interest that would never stand up in any fair court proceeding. Macarro says we got a simple due process, how?!

Anonymous said...

"I thought Mark was kind and supportive, looks and actions show different."

Well, the devil himself disguises himself as an angel of light. So, I guess Mark is in good or should I say, bad company!

Anonymous said...

The reservation was set aside to protect the rights of "all" Indians. Now over 120 yrs. later Some think it's ok to practice pushing others around, and not supporting "all". If the actions effected "all" they would be concerned. Some people say it's ok that apartheid acts take place as long as it does not effect us? Sad, in so many ways. Sad that others don't want to step forward and assist "all" and say tribes should be allowed to practice apartheid. Allot forget the Reservation would not be @ Pechanga if "all" had been pushed away.

Anonymous said...

Now we see some going to Congress to settle water rights for the Pechanga reservation. The Apartheid act of saying Allotted Indians should not be recognized before and after the settlement is another act of "internal matter" being pushed publically by the apartheid running members. Sad in so many ways, again.

Anonymous said...

Settle it the "Old Indian Way".
Whatever happened to the Customs & Triditions of our people.
20 years ago someone would have taken these corrupt leaders out back and just beat the living shit out of them. This is the only justice that any of us is going to get. So fuc# it,lets just do it,what are they going to do, arrest us. Bullshit,just claim Sovereignty like they do.

Anonymous said...

actually that not a bad idea. if you go to court over it you claim emotional distress because of the illegal disenrollment that has caused financial and emotional loss.

Anonymous said...

If Tribal Security can roust people without consequences, so can individuals. Has anyone tried pressing assault charges?

How were the disenrollments in the past to which Macarro refers handled. Were they conducted in the same manner as the mass disenrollments? If the past disenrollments were conducted fairly with due process and according to tribal law, then the finger can be pointed and comparisons made.

Anonymous said...

@ 5:12 PM
Out of all the ideas that have hit this site,i like yours the best.I know for a fact that there are Tribal Members that are fed up with Smiths & Nietos bullshit.
They have no respect for Tribal members, or Customs & Triditions of the Pala Tribe.If you are serious, please find away to get the word out to just a few people that you can trust and lets do it.
There are a bunch of "Brothers" from different Reservations,not only local,who would love to help get justice for the "Wronged" Native Americans that have been illegally banished from their lands by corrupt Tribal Leaders.
Especially in Pala & Pechanga, where it is a proven fact that these Native People do belong.It seems that this is the only justice that makes any scence.
Smith, Nieto,Perez are still active and will not stop until they are stompt.

Anonymous said...

At least kilma has been trying to right the wrongs from his part in the illegal disenrollment's. Only if Robert and Teresa would do the same. It's never too late people are very forgiving but I think they are too deep in it to turn back. Sad I know but I believe they won't stop until forced.

Anonymous said...

It's really hard to "do the right thing" if you have been involved in "shady dealings", or some other illegal activity. I suspect people are afraid that if they lose power or control they could be held accountable for there misdeeds.

Anonymous said...

Kilma was pressured to vote on the first 8 but voted no on the 154 because he knew it was wrong and then got out of the EC which was smart on his part so he couldn't be implicated anymore. To bad dion and Sheila couldn't stand up and Poor leroy was to high to think for himself. If they think the Feds or someone isn't watching they are dumb.

Anonymous said...

@ 1:33 PM.& 1:39 PM
You say that Kilma Lattin wants to do the right thing. Then why hasn't he stood up at a Tribal meeting and exposed those who did this to so many true Native People
that have been victumized.Why hasn't he come forward to talk to the Attorneys and given a statement as to the real facts.
Wht hasn't he contacted the FBI,or
the US Attorney and given them a statement.He has been quiet to long while these true Kupa Members continue to suffer under these greedy bastards. Also,1:39,
you say that poor leroy was to high to think for himself. Then why hasn't he come forward and try
to fix this corruption against his own cousins. Im sure that it has to be eating him up ibside.And the only way for him to survive this is to come clean to the whole tribe as to what took place.If Kilma ever wants to be respected by the Pala People, then here is his big chance to prove that he is honest and that he really does care about the Tribe as a whole.Its a crime that this is happening to these people and its a sin that people continue to cover up the things that Robert Smith,Theresa Nieto,&
Dion Perez, and now Howard Maxey are doing to this Tribe.
THEY NEED TO BE STOPPED NOW BEFORE SOMEONE IS EITHER HURT OR EVEN KI??ED, ALL BECAUSE THESE PEOPLE THAT CAN COME FORWARD AND STOP THIS REMAIN QUIET.
And finally,to Kilma, you stated that you want to be our Chairman
some day,well here is your big chance to earn the respect and the votes to do so.

Anonymous said...

Kilma and leroy were just votes..the ring leaders are Robert and Teresa the leader and the one signing the checks. The only followers they have are their idiot families who believe everything they say instead of actually reading a document or two and the ones they do favors for with jobs and such. Analee Trujillo who was disenrolled or at least was suppose to but still works at the tribal hall I wonder where her allegiance lye's??

Anonymous said...

It's not that I should. It's I could.

Anonymous said...

Leroy Miranda fought hard to ram a lie down the throats of Pala. Margarita Britten is full blood, her father's identity has been established, the tribe's General Council voted to correct her blood degree, the BIA issued a final decision, but Leroy believed a lie told to him long ago and kept harping on it and Robert Smith made it happen because he could profit from it.

Don't try to gloss over Leroy Miranda's part in the disenrollments. He is as guilty as Robert Smith.

Anonymous said...

You know whats really funny.
Robert Smith acts like he is a tough guy at the meetings,and his
bag of shit partner, Theresa Nieto
thinks her shit doesn't stink.
Well Robert Smith is one of the weakest people that walks this earth.He doesn't even have the balls to speak one on one with any
of the dis-enrolled, and totally blames Kilma for everything.It would serve him right to get his ass kicked so bad that he wouldn't
even be reconizable. I don't know why it hasn't happened yet, but have heard rummers that its comming real soon. Not only to him but also to Theresa Nieto.

Anonymous said...

Does anyone believe Kilma is to blame for everything?

The problems started before Kilma was tribal secretary and they have continued after his resignation. The position of tribal secretary does not have the power to enforce the orders that have been made.

This is all on Robert Smith's shoulders. He is the cowardly criminal who engineered the disenrollments. He is a liar and a thief. There is tons of proof of his wrongdoing. The only thing standing between him and a jail cell is his claim of sovereign immunity. The people of Pala should request a limited waiver of sovereignty so they can prosecute Robert Smith.

Stealing from Indians is a crime, just like stealing from white people. Robert Smith believes that he has permission to steal from his own people because he is sovereign. All that needs to be done is to get a waiver of immunity, and press charges of grand larceny, embezzlement, misappropriations of funds, and conversion. Then this wicked dictator could be deposed, convicted, and imprisoned for his crimes.

It is time for people to think about the future of Pala without Robert Smith pulling the strings. Smith and Nieto will look good in orange jumpsuits.

Anonymous said...

Talk talk talk talk talk. That's all I ever see. Blah blah blah blah. Actions speak louder than words. I don't live in Cali or I'd be one of the first to show up. However u give me a time and place and proof that someone will actually stand with me and stop talkin shit. I'd be glad to jump on a plane.

Anonymous said...

It is really sad that no Feseral Agency seems to give a shit that Smith And Nieto are corrupt and stealing the Tribe blind. They say that they can not get involved with an "Internal Tribal"
dispute. So if that is really the frame of mind of these Federal Agencys, then screw it, and lets handle it at a Tribal Level, and go with the Customs & Triditions of the Tribe.
If this would have happened 20-30 years ago, Tribal Members would have taken things into there own hands and beat the shit out of these bastards, male or female.
If this is the only Justice available, then what the hell are we waiting for.If the reservation is a sovereign nation, that means that we the people of the Tribe are to be considered sovereign.
I just don't see that waiting any longer will help things,these scum
bags need to know that there are serious ass kickings comming their way.
This is the only thing that they will understand, because they use the sovereignty weapon to beat their own people,so let use our own hands to beat them down.Put a little hurt on them. Other wise they will continue to hurt their own people until there is nothing left.

Anonymous said...

Macarro did not allow the band to speak for itself. The band voted on a petition before the Hunter family was disenrolled. The petition was put forward to stopall disenrollments. During the bands meeting the legal department said the petition was legal, and the band voted. The vote passed the petition to stop "all" disenrollents. Before the next band meeting Macarro went against the band put the law to the side and allowed the corrupt band members to disenroll the Hunter family. Time to take the band back, put the corrupt actors under control.

'aamokat said...

We the Hunters got a letter from the tribal council, two days before our Record of Decision telling us we were kicked out of the tribe and eight months after the tribe voted to outlaw disenrollment, that we were not included in the new law because, according to the letter, the people were not the final authority in matters of enrollment that the enrollment committee had the final authority. The council said that tribal legal precedent stated this.

However, the only tribal legal precedent there is concerning these matters is when in the 1980s after the descendants of Rose Murphy, including sitting councilman Russell Butch Murphy, were turned down for tribal membership by the enrollment committee, the tribe voted to overrule the committee to take them in as tribal members.

So Mr. Murphy, who sat in judgment of the Hunters, is living breathing proof that the people are the final authority in matters of enrollment so if they could vote to take him in the 1980s as a tribal member, the people could and did in 2005 also vote to keep us, the Hunters, in the tribe and this is backed up by the tribe's own constitution and bylaws.

But what are we to do when our tribe doesn't even follow their own rules?

Anonymous said...

So what I'm getting from this is that the Murphy's are illegally tribal members and should be removed as such. by Marks own words.

'aamokat said...

No, the Murphys are legally in as the people did vote in 1986 to take them in as tribal members just as they did to end disenrollment in 2005.

The Temecula Band of Luiseno Mission Indians' tribal constitution and bylaws, sometimes referred to as the Pechanga Band, states that the general council (membership) are the finally authority in all matters of the business and government of the Band unless otherwise stated in the constitution and bylaws.

The band's constitution and bylaws does not state that the people are not the final authority regarding enrollment issues and Mr. Murphy is proof that the people have this final authority.

Now it is ethically right that Mr. Murphy is in and the Hunters are out? No it is not right as either they follow their own constitution or they don't follow it and violate it which they did when the Hunters were disenrolled in 2006.

Of course, scoundrels often turn on each other as it wouldn't surprise me if Mark did try to get rid of Butch after they worked together to get rid of the Hunters. I haven't heard this is the case though but these days I am somewhat out of the loop.

Anonymous said...

Indian way is always allow the band to determine which way the band goes. As posted Pechanga allows petetions to be brought. All comments posted above are true. Indians allowed the Murphy's to be accepted and also pasted another petetion to stop the corrupt acts of tribal disenrollment, before the corrupt pushed for the disenrollment of the Hunter clan. Allotted clan of the Pechanga reservation. Elders accepted "all" so should their ancestors. MURPHY'S ACCEPTED, HUNTERS ALSO.

Anonymous said...

PECHANGA= Temecula band of Luiseno Mission Indians.

LUISENO Mission Indians= San Luis Rey Mission Indians.

Apartheid = corrupt acts sent against Indians out of greed.

KARMA

Anonymous said...

Corrupt members can't explain their acts without lies and misinformation. Not only today, but even after you leave you will not be able to explain. Sad. Even sadder you would feel the same way if acts where targeting you.

Anonymous said...

They want your allotted land...water rights, etc. Macarro, Miranda, ie Frances, Basquez, I can keep going on with this "click", their next step is to landlock you from going to your property, this way they have full control. I know, they have done this to me. This corruption must stop! Let's band together, eventually we will be heard, the media is the way to go!

Anonymous said...

The corrupt have went to the media, and Congress look at the actor in corruption Macarro. Interviewed by Channel 4 and approached Congress for a water rights settlement. Misinformation showed his corruption and it follows him daily. The band could save itself and stop the corruption. Indians live together whether we get along or not. Disenrolling and Apartheid not Indian way. The band could correct it before corrupt actions get fixed from outside.

Anonymous said...

@ 27th. 4:27

"They want your alotted land and wayer rights."

Corrupt acts always end exposing corrupt actions. Always, always

Anonymous said...

As stated on March 25, "just beat the shit out of them, male or female" It also stated this would be how it would have been handled 20 or 30 years ago. There is the problem ! Our Native customs and traditions DID NOT start 20 or 30 yrs. ago. 99% of tribal members do not know the old customs and can never succeed using made up customs and traditions. Each side calls the other phonies. No one wants the real Laws given by our Great Creator. Made up rules are made to fail. I for one am tired of all this name calling and accusing everyone. Wrong is wrong but lying, cheating and going against the people is not our way. Those who take this path will see Karma in a big way. Give our problems to our Great Creator. He sees the wrong.

Anonymous said...

@ 11:32

Exactly!! The band can sit back and allow it to continue, or oppose the misbehavior.

End result is the Creator is eatching snd will help good or bad behavior and pay it forward with KARMA.

Tick Tock

Anonymous said...

@ 11:32 AM
God helps those who help themselfs
so help yourself and kick the shit out of them.

Anonymous said...

It will feel good for a moment and then you look down at your hands! You now have their sh*t on you. You do make me smile, though.

Anonymous said...

Shit can be cleaned up with water,
but corruption needs to be stomped
out and made sure it never returns.

Anonymous said...

It does no good to complain about ignorance of the old ways and then to talk about Karma. The concept of Karma comes from a different culture; it is not the Indian way.

The Indian way is to gather in a circle and pray. The Indian way is to go on a quest and seek visions. The Indian way is to mete out justice by shaming the evildoers.

This is our tradition. Why do I have to remind you of that?

Anonymous said...

You are not reminding anyone, but thank you for sharing your feelings.
The truth is no matter if it was 100 yrs ago or today, some people do not see things the same way. I do believe in what you share about tradition, and the word "Karma" is Indian, maybe not from our band but it explains things you may agree with or disagree with. No matter if we agree or disagree on small things it is not acceptable to say its OK that acts be broadcast against others because they do not agree with me. Today the broadcast I see is "dis-enrolled" current band members from a band who suffered these acts by outsiders 100 yrs ago who wanted them pushed around"our ancestors" in the past. That is not our tradition, and no one is more Indian than anyone else.

icatall said...

The true irony of this is that had it not been for Indian Gaming the Pechanga Band of Mission Indians would have become extinct. I know of the corruption at Pechanga first hand, I formally worked at the casino where corruption is rampant as well; so much so that private investigators are hired by the band itself- yet theft via cheating and fabricated numbers are reported by their own management team. This is the illusion of sovereignty. So it goes.

Anonymous said...

I am seriously thinking about trying to put together a Native American Revival.If possible,try to invite Elders from different Tribes that are willing to come and partake in the cleanzing of our Reservation, as well as others
that want to be involved.
It seems to work for the Christian
Churches that have their revivals.
Does anyone have any input on this idea.Because i will need help
in trying to put it together.
Thank you.