MOST PEOPLE OF PALA DO NOT EVEN UNDERSTAND THE BRITTAIN/BRITTEN/BRITTIAN CASE
(Even some of the Britten Family)
This is very true. If you ask the average tribal member what the Britten case was about they really do not know the answer. For Robert Smith it is the end of a more than 40 year battle to rid the Pala Reservation of the Britten family. For the Brittens, it is just the beginning of a new battle, one which they have always won and will win.
The first challenge came when Juliana Calac challenged the blood degree of Margarita Britten, Allottee #25, in 1961, as was her right to do. Mrs. Calac was the chairperson of the first BIA sanctioned enrollment committee of Pala. (Julia Calac, herself was an Ortega and the Ortegas were adopted into the Saubel/Ortega family in the 1880’s.) OP: WHY is it always adopted members who want to harm real tribal members? She was not a Cupeño Indian. She also challenged the blood degree of Catherine Valenzuela, Allottee #149. She challenged the right of Alvino Salazar to be enrolled at Pala.
On February 27, 1962, 063-Pala Reports and Recommendations, the BIA informed Juliana Calac that Margarita Britten was indeed a Full Blood Indian. The BIA determined that Catherine Valenzuela was only ¼ Indian and not ½ Indian as she had claimed. It was also determined that there were no records demonstrating that Alvino Salazar was a descendent of any Pala Allottees.
The Pala Band Enrollment Ordinance granted anyone and everyone a full 18 months to challenge this decision. It was not The decision was final. The time to appeal this decision had run and the statute of limitations had run as well.
As far as the Britten family can tell, the next challenge came from Patricia Nelson, perhaps as retaliation for the BIA ruling against her family. The BIA has refused to produce the supposed petition submitted by a group of Band members to the BIA challenging Margarita Britten’s blood degree in 1983. The only real hint to the existence of this petition comes from letter exchanges between the BIA and Patricia Nelson in 1989. It was not a petition of PBMI. (Pala Band of Mission Indians) PBMI accepted the determination of the BIA in 1989 and did not appeal that decision that Margarita Britten was Full Blood.
That should have been the end of it. But it wasn’t. Robert Smith was convinced that Margarita Britten was not full blood and began a relentless battle to achieve power that would allow him to disenroll the Brittens. This is not a product of 2011. It is the result of a long drawn out conspiracy on the part of Francis Muncy and Amy Dutschke to help Robert Smith achieve his goal.
Robert Smith began inquiring as to what he needed to do to get the BIA out of approving the PBMI Rolls. Francis Muncy and Amy Dutschke both advised Robert Smith to take action to have the BIA removed as having final determination over who is and who is not a member of PBMI. Records of this correspondence are on file with the BIA.
So it began. Robert Smith set out on a long road to achieve his goal of getting rid of the Britten family. If you really know who Robert Smith is then you know he is not capable of thinking this whole scheme out by himself. So it was Amy Dutschke to the rescue. Amy Dutschke just happened to have a niece named Sara Dutschke who was completing a two year internship with the BIA under her Auntie Amy. Sara Dutschke’s reputation was one of developing schemes for tribes to disenroll their members. As reported by Executive Committee member/s Sara Dutschke was responsible for developing the final scheme to disenroll the Brittens.
First of all who is Sara Dutschke really? She is an attorney, so as an attorney and employed by PBMI her employment should have been approved by the General Council. This is still a reserved right of the General Council and not a right of the Executive Committee. If Robert Smith was a real man he would have presented Sara Dutschke to the General Council and told them that he wanted to hire her to develop the scheme to disenroll the Brittens. And so it was, in violation of Robert Smiths own illegal constitution, Sara Dutschke was hired.
After the disenrollment of the Britten family members Sara Dutschke went St. Peter. Whenever she was asked if she worked for Robert Smith and if she had anything to do with the Pala disenrollments she denied it. Just like St. Peter denying Christ, Sara Dutschke denied working for Robert Smith. Funny how her name shows up as attorney of record for various PBMI matters.
So how were the Brittens to be challenged? The PBMI Enrollment Ordinance, even with its adulterated amendments of the Pala Executive Committee, guaranteed that anyone who was a member of PBMI at the time of adoption of the new BS Enrollment Ordinance could not have their membership challenged. Save one tiny little clause that states that if anyone committed fraud at the time of their enrollment their enrollment applications could be reviewed again.
So Robert Smith recruited Cindy Leal to request the Executive Committee to investigate the enrollment applications of the Britten family because she suspected fraud. Understand that it is now common knowledge that Cindy Leal herself has no right or entitlement to enrollment in PBMI. She has zero blood ties to anyone of PBMI.
It was safe for Robert Smith to choose Cindy Leal for the dirty deed because if he succeeded then he could reward her and he has. If she failed he could expose Cindy Leal for who she really is and have her removed from PBMI.
Also in the mix was Shasta Gaughn who was hired by the Executive Committee to research various archives and produce evidence about Margarita Britten. She too has been rewarded very well.
So what was this fraud that Robert Smith charged the Britten family? He claimed that the Britten family failed to provide PBMI with copies of the applications for the 1928 California Indian Judgment Roll. On this Roll several Britten applicants show Margarita Britten as being ½ Indian. Other Britten Rolls (the ones not tampered with) showed Margarita Britten as being Full Blood.
What most of you don’t want to realize is that there never was or is there now a requirement for anyone to provide the PBMI enrollment committee with a copy of their families 1928 applications for the 1928 California Indian Judgment Roll. Most of you do not even know what they are. If you did you would be running scared right now because the use of these records gives complete control over every family in PBMI to Robert Smith.
Even the BIA has determined that these files are so fouled that they can no longer be used as evidence. Just ask the Juaneno. Isn’t that right Robert Eben and Amy Dutschke? You already knew this but you let Robert Smith go forward with his plan and utilize proven as fraudulent documents in the decision making process.
What you should know is that PBMI adopted as its base roll the 1895 Allotment Records of Old Pala, the 1913 Allotment Records of Warner Ranch Evictees and BIA approved adoptees. The only authority the enrollment committee has is to assess each enrollment application based on the information contained in this base roll. That assessment is simple math and a family tree. If your ancestor was listed as Full Blood on the PBMI Base Roll and you are at least a 4th generation descendent of this person, then you are a member of PBMI. It is a no brainer and this is what the old people approved, finalized and settled for membership in PBMI. They didn’t write in a special clause that said the PBMI Base Roll was final unless Robert Smith disagreed.
In the 1983 to 1989 investigation conducted by the BIA it was found that the California copy of the 1928 California Indian Judgment Roll had been altered. The original document filed in Washington D.C. was not altered and clearly listed Margarita Britten as being Full Blood. The altering of the original California filing is easily visible and evident.
So the first eight Britten disenrollees were charged with fraud and the remaining Brittens were disenrolled because Robert Smith, himself, lowered the blood degree of Margarita Britten.
Why should you be concerned with this? Robert Smith has determined that if your family lineage in the 1928 California Indian Judgment Roll is not clearly listed then you must assume white. Every 1928 application has voids in listing family members. This means that if you piss Robert Smith all he has to do is examine your family’s 1928 applications and let the disenrollments happen. You are all at risk. You can all be controlled. You can all be disenrolled.
The truth is that the Britten fight is your fight too. If you sit back and do nothing then what happens next is your fault. Just look at this random glance at a 1928 App. Mother’s side “Don’t know:” but the record shows 4/4 Cahuilla. According to Robert Smith the “Don’t know” is the same as white so the 4/4ths gets changed to 1/2. Need I say more?