Sunday, November 29, 2009

Cherokee Nation Group Seeking to Draft Prof. STACY LEEDS to Oust Chad Smith

UPDATE: The group is closing in on 300 members. If you're on Facebook, help build momentum to remove Chad Smith. Outlanders could have a big impact on the vote!

A Facebook Group to draft Stacy Leeds for Cherokee Nation Chief has sprung up. Many believe it's time to relieve Chad "Our Slaves Were Treated Well" Smith. Join in the group to show Stacy that she is needed.

Just who is Stacy Leeds?


Stacy Leeds serves as Professor of Law at the University of Kansas School of Law and directs KU’s Tribal Law and Government Center. She also serves as adjunct faculty for the School of Business at Haskell Indian Nations University.
She has published numerous law reviews, book chapters and essays. Her forthcoming book American Indian Property will be published by Carolina Academic Press later this year.
Leeds has served on several tribal courts including: Prairie Band Potawatomi District Court, Supreme Court for the Kickapoo Tribe of Oklahoma, Kaw Nation Supreme Court, Cherokee Nation Supreme Court, Turtle Mountain Band of Chippewa Court of Appeals, and a Special Judge for the Muscogee (Creek) Nation District Court.


Our friend JOHN CORNSILK says:


Stacy is the Leader we Cherokee People need, because of her commitment to the Cherokee and their law. To learn this is so, one simply needs to read her rulings and opinions while sitting as judge on the Cherokee Nation of Oklahoma (CNO) Supreme Court, three in particular, first the Lucy Allen Freedmen case at http://www.cornsilks.com/allendecision.html and the case of the forcing up on the Cherokee people the 99 revised Constitution of the CNO at http://www.cornsilks.com/99con.pdf and the third case of the Court appointed by Smith, actually sanctioning crime http://www.cornsilks.com/leedsdissent.pdf don't be discourage by legal aspect of the documents they are simply written and quite easy to understand. WE NEED STACY AS CHIEF IN 2011!!

Saturday, November 28, 2009

San Manuel's Ramos: Native American History Month: A Legacy of Achievement and Contribution

In Thursday's San Bernardino Sun San Manuel Chairman James Ramos, discusses many positive contributions made by Native Americans you MAY not have heard of. I'll add one more to the list: Edward Robert Foreman of Redding Rancheria, who brought health care to Northern California's Native Americans and was subsequently terminated from the tribe.

Here's some from Chairman Ramos' article:

Most Americans probably have heard of Sitting Bull, Geronimo, Sacajawea, Squanto and Pocahontas. Getting past what may be the stereotypical image of Native Americans, however, there are many others who have made, and continue to make, lasting contributions to Indian Country and the nation as a whole in every conceivable way.

For example, Ira Hayes, an Akimel O'odham Indian and an enrolled member of the Gila River Indian Community, who was one of five brave Marines immortalized in the famous photograph of the Iwo Jima flag-raising during World War II. Young Navajo, Hopi, Comanche and members of other Indian tribes who served as Code Talkers during World War II contributed by using their tribal languages to transmit messages - a code that was never broken by the enemy.

In athletics, Billy Mills, an Oglala Lakota Sioux, won Olympic gold in 1964 in the 10,000 meter run, breaking the American record set by another Native American, Louis Tewanima (Hopi), at the 1912 Olympics in Stockholm. Tewanima was a teammate of Jim Thorpe. Mills remains the only American in history to win that event. Other Native Americans including Notah Begay III, the only full-blooded American Indian PGA tour player in history, and Boston Red Sox center fielder Jacoby Ellsberry, a member of California's Colorado River Indian Tribes and first-ever Navajo in Major League Baseball history. Earlier this month, Joba Chamberlain, a member of the Ho-Chunk Nation in Nebraska, helped the New York Yankees win the World Series as a starting pitcher. These young Native Americans thrill crowds throughout the U.S. with their incredible skills.

In government, Ben Nighthorse Campbell, a Northern Cheyenne tribal member and captain of the 1964 Olympic Judo Team, was the first Native American ever to serve in both the U.S. Senate and House of Representatives. Nighthorse Campbell is also the only Olympian to ever serve in the U.S. Senate, where he represented Colorado from 1993 - 2005. Larry EchoHawk, a Pawnee, represents Indian interests throughout the U.S. as the new head of the federal Bureau of Indian Affairs.

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Thursday, November 26, 2009

A Pechanga History has Always included Paulina Hunter and Descendents.

Once upon a time there was a band of people who suffered at the hands of the European conquerors and then the Americans who came for land and gold.

They used Indian vs. Indian... The first Temecula Massacre in 1847 :


Thirty to 125 Luiseno Indians are killed at the east end of Pauba Valley, south of Adobe Springs (Los Nogales Road and Camino del Vino), by Lugo's troops and his Cahuilla Indian allies in what will come to be called the Temecula Massacre.

1847 Jan. 25
The Mormon Battalion,commanded by Captain Philip St. George Cooke, arrives in the Temecula Valley on its trek from Santa Fe to San Diego. It meets a party of 150 armed Luiseno Indians who have come to bury the victims of the Temecula Massacre.
1847 Jan. 26
The Luiseno dead are buried in a local burial ground located on Pablo Apis's rancho, near Temecula Creek


The tribe is evicted and moved 1875:

The Temecula Indians are evicted from Little Temecula Rancho land by a San Diego County Sheriff's posse which includes Juan Murrieta and Francisco Zanjuro. The Indians are led to an area in the hills south of the Temecula River, east of the Pala Road, which would eventually become the Pechanga Indian Reservation. (Actually, it's for the Temecula Band of Luiseno Indian)

In 1882, things are looking up for Temecula Indians:

President Chester A. Arthur signs an Executive Order creating a 4,000-acre Pechanga Indian Reservation as a home for the Luiseno Indians of Temecula. Paulina Hunter receives an alottment of 20 acres as head of household. Vaunted Pechanga elder Antonio Ashman remembers her and her family, and swears to that fact under oath.

The tribe lives in peace for decades, working together, Hunter Family members build on their property, help bring in a health clinic, work on the council, the water board. Masiel Family on the other hand, start building... RAP SHEETS. And then, the casino opens and things change dramatically:

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.

12. On or about June 1, 2003, the Garbani and Leyva/Basquez families were cleared. Ruth Masiel, Irene Scearce, and Sandra Garbani returned to the Enrollment Committee.


13. Between June 1, 2003 and September 23, 2003, the Manuela descendents provided the Enrollment Committee with additional documents proving lineal descent and refuting the allegations made by the Concerned Pechanga.

14. On September 23, 2003, the Enrollment Committee clears the Candelaria Flores family. Frances Miranda returns to the Committee as a result of this decision. We were once again passed over for review so that a member working with, for, or is/was a part of the Concerned Pechanga people could be put back on the Committee. Frances Miranda's father, Richard Miranda, was a member of our family. The years before he passed away, she was receiving his per capita check as she was "taking care of him". Once he passed away and she was no longer receiving 2 per capita checks, the Splinter Group initiated their disenrollment action against the targeted families.

15. On October 21, 2003, Jennie Miranda provides the Enrollment Committee with a letter regarding the lineage of Pablo Apish. Demands that the Manuela descendents be disenrolled. On October 23, 2003, the Enrollment Committee sends summonses to all adult members who are lineally descended from Manuela Miranda.

Wednesday, November 25, 2009

Obama's Justice Department REFUSES to Investigate Illegal treatment of Freedmen

The Justice Department sent letters to Oklahoma Congressmen Tom Cole and Dan Boren on Nov. 9 stating it would not investigate five Oklahoma tribes for alleged illegal treatment of their respective Freedmen citizens. The letter was in response to congressional members asking the Department of Justice to investigate the Cherokee, Choctaw, Creek, Chickasaw and Seminole nations for allegedly barring descendants of former slaves from full citizenship. The DOJ replied it could not investigate because a case regarding Freedmen citizenship is in federal court. OP: WHAT? Each case is separate, or should be. “It is the Civil Rights Division’s policy not to consider opening an investigation when matters are pending in federal court. However, the division will continue to monitor these cases as the litigation continues,” Assistant U.S. Attorney General Ronald Weich wrote. The pending case is Vann v. Salazar and is in the U.S. District Court for the District of Columbia. In the case, descendents of former slaves held by Cherokee citizens sued the Cherokee Nation and Department of Interior claiming they were denied citizenship and voting rights guaranteed by the Treaty of 1866 between the tribe and U.S. government Claiming? THEY DID

Tuesday, November 24, 2009

California Politicians Benefit From $200 Million Stolen From Pechanga Tribal Members Eradicated by Mark Macarro and Tribal Council

California's politicians are the beneficiaries of money stolen from Pechanga tribal members. Over 230 adult members of the Pechanga tribe of Temecula have had well over $200,000,000 of per capita taken from them. It may as well be cash laden with smallpox, instead of blankets.

According to this article, Politicians are the beneficiaries, with over $44,000,000 last year. THANK YOU POLITICIANS for not standing up for those who are victims of gross civil rights violations. It's easy to ignore when you get the money that rightfully should go to tribal members.


A handful of wealthy California gaming tribes - which together gave nearly $130 million to political causes in 2008 - rank as the nation's largest special-interest donors to campaigns, according to a study released Monday.

Four of the state's Indian gaming interests made the top 10 list of donors, which also included public employee unions and business groups, according to the report by the Center for Responsive Politics and the National Institute on Money in State Politics, two of the nation's leading watchdog groups.

The study underscores the power of California's tribal gaming industry - particularly its successful campaign in February 2008 to approve ballot measures that allowed four tribes to install 17,000 new slot machines. OP: What is not said here is that tribes like PECHANGA tried to keep the citizens of California from voting on it.

Political experts said the tribes are likely to flex their political muscle in next year's statewide election, when voters will choose a governor and decide measures to reform state government. The Pechanga Band of Luiseño Mission Indians of Temecula donated $44 million to campaigns last year, most of them at the state level, putting it at No. 2 on the national list of largest political donors behind the National Education Association.

Original Pechanga's Blog: A Nominee for KREATIV BLOGGER

Original Pechanga's Blog wants to say THANK YOU to our friends from THOUGHTS FROM Polly's Granddaughter blog for nominating us for a KREATIV Blogger award given out from Missy Corley at Bayside Blog. Polly's Granddaughter is a Cherokee and she has some very interesting posts

It shows that we are being noticed in the blogging world and thanks to all our readers for your continued support.

We do get recognition from our friends at HOT AIR where we participate in the daily blog show. Please share our site with your friends and please, take a look at the blog links above. It's all about shameless blog promotion!

Monday, November 23, 2009

Aftermath of a Pechanga Beating: One Year Later, Victim of Abuse From Pechanga Security Guards Still Suffers

In November of 2008 we had the story of Richard Swan, who was beaten by Pechanga Casino guards.

"Suddenly without warning I was jumped from behind by two security men and violently thrown to the ground. I kept telling them to stop, that I was a 70 year old man with a pacemaker and took a blood thinning prescription Coumadin. But they didn't care.

They slammed my head into the marble floor and dragged me to their security room. I feared for my life knowing that the Coumadin I am taking could cause severe bleeding. If I bled internally or developed a clot in my head I'd be dead. By the grace of God I survived."

We contacted Richard's wife to see how they were doing and her reply:

Yes it has been over a year. A year of hell to be exact. Richard suffered from concussion from the incident, which left him with frontal lobe disorder. The Psychoneuroligst said this kind of injury can lead to Alzheimer disease.

I have been stressed to the max and am seeing a shrink, taking zolof and on and on it goes. The stress went to my mouth and have had very bad problems with bleeding gums and sores. Is painful and irritating
.

See the link above or click on the picture on the left to read the story with additional links. We hope the next year brings better health to the Swan family. Is it safer to NOT GO to Pechanga?

Friday, November 20, 2009

Crack in the Sovereignty Dam: Judge rules Shingle Springs Band waived Immunity

The $107 million civil suit brought by Sharp Image Gaming Inc. against the Shingle Springs Band of Miwok in 2007 survived another attempt by the tribe’s attorneys to have the case dismissed.

El Dorado County Superior Court Judge Patrick Riley has ruled that the Shingle Springs band waived its sovereign immunity when the tribe entered into contracts and a loan with Sharp Image to provide slot machines for the tribe’s casino.

Red Hawk Casino is on the Shingle Springs Rancheria.

Tribes should be held liable for not living up to their contracts. Each crack in this dam will mean that it will bust. When tribes like Redding Rancheria, Picayune and Pechanga wield sovereignty like a club, it hurts other tribes.

Recession/Bad Publicity Hurting CA Tribal Casinos like Pechanga, Which Cheated Their Tribal Members.

Two years ago, tribes like Pechanga of Temecula promised that if we gave them more slots, they'd balance California's budget. How's that working out for us? Tribes aren't even using all the slots they are allowed. And we aren't getting anywhere NEAR THE FUNDS we were led to believe.

The recession is hitting CA tribal casinos, with 2008 win well below 2007 and 2009 looking even worse.

The LA TIMES has a story up.

"We have the same amount of people and they come in as frequently, but they are just spending less," said Mike Hiles, a tribal information officer for the Soboba Band of Luiseño Indians, which operates a casino with 2,000 slot machines, 20 gaming tables and two restaurants in San Jacinto."

Violence at the Soboba Reservation could be keeping the bigger money players away too. Who wants to run the risk of being shot while at the casino? Now, learning that the tribal chair is an "alleged" tax cheat.....

After years of growth, the first major layoff at a California Indian casino came in August 2008 when the Pechanga Resort & Casino in Temecula laid off 368 workers. Three months later, the Morongo Casino laid off 95 people because of the slumping economy. Despite an agreement negotiated with the administration of Gov. Arnold Schwarzenegger that would allow California's tribes to operate 62,000 slot machines, the tribal casinos currently operate 58,000 machines.

Pechanga is the tribe that has treated their own people terribly, forcing many back into poverty and onto state health care and welfare rolls. They terminated 25% of their tribe so that those remaining could increase their take from gambling profits. Pechanga's workforce is down almost 800 from their high point. Customers may be responding to the bad publicity, if Pechanga would cheat their own, maybe they'd cheat customers too. Additionally, car jacking at the casino and thuggish behavior from tribal members would also play a part. Their nightclub Silk was closed due to alcohol related problems and tribal thugs. It's better to go to a different casino where there's no threat to safety.

Thursday, November 19, 2009

PECHANGA TRIBAL MEMBER, FELON: Pleads GUILTY! to avoid LIFE SENTENCE

The citizens of Riverside County are a little safer. One of the Masiel Crime Family members of the Pechanga Band of Luiseno Indians is GUILTY of: ASSAULT, POSSESSION of a Firearm by a FELON, and other nefarious crimes.

Will this make the Riverside Press Enterprise? Will the tribe strip Masiel of his $360,000 per year per capita? Will California be able to place a lien on that money to pay for his incarceration? Will he be disenrolled for actions hurting the Pechanga Tribe?

A Pechanga tribal member and parolee who fired into a group in anger over an unpaid debt pleaded guilty today to assault with a semiautomatic firearm and other felonies and was sentenced to more than 16 years in prison.

Robert Martin Masiel, who lives on the Soboba Indian Reservation, also pleaded guilty to four counts of being a convicted felon in possession of a firearm and one count each of possession of controlled substances and attempting to smuggle crystal methamphetamine into a correctional facility.

He also admitted violating parole.

The last two counts were connected to older cases that Masiel had pending.

”It’s wonderful that he was willing to take responsibility,” said Deputy District Attorney Edward Jensen, who added that ”16 years and four months is a long time.”

See the SWRNN ARTICLE

The Oklahoma Cherokee Nation to Support CA Rep. Dianne Watson's Opponent after her support of the Cherokee Freedmen's Civil Rights

Apparently, Representative Dianne Watson's support for the Cherokee Freedmen has drawn the wrath of the Cherokee Nation. Led by Chad Smith, who once said that the Cherokee's slaves were treated well, they will spend thousands of dollars to support Rep. Watson's opponent.

The Cherokee Nation is supporting the primary opponent of a California congresswoman who has been at odds with the tribe over its stance on the descendants of freedmen.
The tribe’s Executive Finance Subcommittee voted Tuesday night to send a $2,400 campaign donation to Democrat Felton Newell and a $5,000 donation to a political action committee called New Leadership PAC for Newell. Newell is challenging Rep. Dianne Watson in the Democratic primary for California’s 33rd Congressional District, set for June 8.

During the meeting, the subcommittee also voted to send campaign contributions to other politicians and political action committees.

Watson has been the tribe’s most vocal critic after tribal voters approved a measure in 2007 that limited tribal membership to those who had ancestors with a blood quantum on the Dawes Rolls.

At least two court cases on the issue, one brought by a freedmen descendant and the other brought by the Cherokee Nation against freedmen descendants who had their membership approved after a court decision, are still pending.

More on the Cherokee Freedmen HERE

Potential Default by Foxwoods Casino Will Test Tribal Sovereignty.

They can promise to pay, but claim sovereignty when the bill comes due.

From the FT.com


A looming default by the Native American tribe that owns the Foxwoods Resort Casino in Connecticut is stirring a debate over whether holders of billions of dollars of tribal debt can pursue their claims as creditors under US laws.

Federally recognised tribes operate as sovereign nations, and hundreds of them have turned to gaming for revenue, financing casino projects with debt including more than $5bn in high-yield bonds, according to Barclays Capital.

The Mashantucket Pequot Tribal Nation, which owns Foxwoods, warned this week that it probably would not make a full interest payment on $500m of notes, which would result in a default on December 16, when a grace period ends.

Smaller tribal casinos have defaulted, but the size of the Foxwoods debt has drawn attention. Analysts are asking whether the tribe will use its special status to take an aggressive stance in dealing with creditors, a development that could affect tribes' access to credit.

"The Mashantucket situation could set a precedent," Moody's Investors Service said. "With casinos such as Foxwoods located on sovereign tribal land potentially out of reach of US bankruptcy law, it remains unclear whether creditors could enforce their rights."

Steven Smith, an attorney at the Dechert law firm, said: "An argument can be made that the tribe is a governmental unit, which could, if determined to be true, bar it from seeking relief under Chapter 11 altogether."