USC's Annenberg School of Journalism to Look Into Tribal Disenrollments

We received this communique from Brian Frank of the USC/Annenberg School of Journalism:

I want to talk to as many people as possible. For the main story, I will focus on just a few tribes, but I’m planning to create a forum of some sort so that people can tell their own stories and they will all become part of a larger package.

This could be text, video, audio, just about anything. I’d like to encourage people to do this as it will contribute to a larger document of why people are being disenrolled and what’s happening to them afterward.

Please contact Brian Frank at: bfrank@usc.edu YOU can help spread the word on your tribe's disenrollment actions.

We've had stories about Pechanga disenrollments: HERE and HERE and we've discussed Redding Rancheria HERE San Pasqual HERE and Picayune Rancheria HERE and HERE

Now's your chance to BE HEARD. Contact Brian.

Sen. Tom Coburn Opposes Echohawk for Indian Affairs

U.S. Sen. Tom Coburn, R-Muskogee, did not attend the Senate Committee on Indian Affairs meeting, but the panel’s top Republican announced Coburn wanted to be recorded as a "no” vote.

Coburn’s office did not respond to a request for a comment for this story.

EchoHawk is a member of the Pawnee Nation of Oklahoma. He was born in Wyoming and moved to New Mexico. During his confirmation hearing last week, EchoHawk generated concern from Sen. John McCain, R-Ariz., over the issue of Indian gaming.

McCain told EchoHawk his answers to questions on the National Indian Gaming Commission and off-reservation gaming were not sufficient. Since that hearing, EchoHawk submitted additional answers to the committee.

McCain also did not attend Thursday’s meeting, but instead submitted a statement in which he expressed disappointment in what he described as the nominee’s "less-than-candid answers.”

Santa Ysabel May Kick Out Hernandez

The Santa Ysabel Band of Mission Indians has launched an effort to remove its tribal chairman, Johnny Hernandez.

The tribe's seven-member Legislature signed a petition earlier this month to remove the chairman from office for allegedly misappropriating $27,180 of the tribe's money late last year for court services.

Santa Ysabel, which owns a casino near Lake Henshaw, has had an ongoing feud between its chairman and vice chairwoman, Brandie Taylor.

Taylor said Thursday that the tribe will conduct a hearing June 6 on the petition to remove Hernandez.

"Then, if the Legislators unanimously vote him out, then the next day at the general council meeting, there will be a secret ballot vote to keep him in office or not," Taylor said in a written statement. "The final say is the general council."

Adults among the 650-member tribe constitute its general council, which elects the chairman.

Tribal Adoption Bill Progressing in CA, But are the right questions being asked?

The Press Enterprise reports that a bill to provide culturally sensitive adoptions for California Indian tribes has passed two major hurdles in the Assembly.

The measure would provide judges and tribes with an additional option to consider when deciding on the adoptions of Indian children who are dependents of the courts.
The method, known as customary adoption, would allow California Indian children to be adopted through tribal custom and traditions or based on the laws of the child's respective tribe.

The termination of parental rights, something frowned upon among many tribes, would not be required, marking it a first for adoptions in California, according to the legislation.

The bill passed the Assembly human services and judiciary committees late last month and now heads to the appropriations committee for review.

"A lot of kids are adrift. This way, you have that option of coming back into the Native American culture and community," said Inland Assemblyman Paul Cook, the bill's co-author.

"You belong to them," said Cook, R-Yucca Valley. "They will immerse you in that culture."

The bill is co-authored by Assemblyman Jim Beall, D-San Jose, and Cook said the bipartisan support should help the measure move through the Assembly.

No members voted against the bill in the two committees.

The bill, which is sponsored by the Soboba Band of Luiseño Indians, has widespread support among more than a dozen California tribes, including the Morongo Band of Mission Indians and the Pechanga Band of Luiseño Indians.

OP: THIS is a JOKE. Pechanga is better known for destroying family ties to the tribe. They have eliminated 25% of their membership and they want to wipe the STAIN of that away by supporting an adoption bill? They have torn 100 CHILDREN AWAY FROM THE TRIBE and kept another 100 OUT.



The new adoption method would maintain a child's legal ties to the tribe, which is important for such things as inheritance, she said. Tribal adoptions also would allow contact with the child's birthparents, if safe and appropriate, she said.

"This is a decision the tribe makes," Currie said. "The tribe is involved in the process and the tribe is the only one who can say we want this to be a customary adoption."

David Roosevelt NEW Leader of Cabazon Band of Mission Indians

James out as Cabazon tribal chair

Roosevelt is new leader in vote James says showed group wanted change

Debra Gruszecki
The Desert Sun

INDIO — John A. James has been voted out of power by the Cabazon Band of Mission Indians.

James was 46 when he was elected tribal secretary-treasurer on May 14, 1977, and was elevated to the role of tribal chairman in 1989.

Shortly after last week's vote, second vice-chairman David Roosevelt was elected to chair the tribe. James was named to the honorary and paid post of Tribal Elder.

“They decided to go with the young bloods,” James said this week, as the tribal leader confirmed the council shakeup. “When they started their pitch, I said I was all set to retire, but with the economy turned on its face, this isn't the time to change command.”

Ultimately, James said the election showed the group wanted change.

“It was the old newer-is-better speech,” he said.

Roosevelt, who had completed serving a four-year term as second vice chairman, did not return calls for comment. Nor did others affiliated with the tribe, or the Cabazon Band's Fantasy Springs Resort Casino and Special Events Center in Indio.

UPDATE: AIRRO is now on Facebook. Membership Meeting Scheduled in Sacramento

UPDATE: The location of the meeting has CHANGED!


ATTENTION:

Due to a scheduling conflict with the State capitol, the AIRRO meeting has been moved to a new venue. The meeting is still scheduled for Saturday, May 16th from 10:00 am to 1:00 pm. A Special Thanks goes to Board Member Eric Enriquez, who found a new place in Sacramento.

The new meeting location is:

Sacramento Native American Health Center
2020 J Street - 2nd Floor
Sacramento, CA 95811

Feel free to park in the parking lot spaces marked 'Indian Health' and enter through the Parking Lot side door. Here is a map: http://tinyurl.com/dygyfh


For those of you on Facebook, you can become a fan of AIRRO. Please check it out. Also, there is a membership meeting coming up in Sacramento, CA. Please try to join in and bring some friends.

American Indian Rights and Resources Organization

Former Mashpee Wampanoag Leader, Glenn Marshall, Convicted Thief, Sentenced to 34 Year

Glenn Marshall was merely a "pawn" in a scheme to make illegal campaign contributions and defraud the government, his attorney told a federal judge yesterday. B.S.

"He didn't know what he was doing half the time," Paul Markham told Judge Rya Zobel during Marshall's sentencing hearing in U.S. District Court.

But Zobel wasn't buying it.

The judge sentenced Marshall to 3½ years in federal prison for several crimes he pleaded guilty to in February, including embezzling nearly $400,000 from the Mashpee Wampanoag tribe to pay his own bills, making illegal campaign contributions, filing false tax returns and fraudulently receiving Social Security benefits while holding a full-time job.

Yesterday's hearing began with an attempt by Markham to withdraw the plea agreement reached between Marshall and the government in December, and ended with an apology from the former leader of the Mashpee Wampanoag tribe to "my people."

Marshall was also ordered to serve three years of supervised release and repay the $383,000 he stole from the tribe and the $85,000 he received in fraudulent payments from the Social Security Administration.

He will report on his own accord to a yet-to-be-determined facility on June 8.

"I think that the defendant, Mr. Marshall, was motivated to do good things for the tribe, but he too was ultimately corrupted," the judge said before handing down her sentence. "While it may have started with the corruption of and by others, Mr. Marshall accepted the corrupt practices."

In arguing for the 3½-year prison term, Assistant U.S. Attorney Jonathan Mitchell called the case one of the more serious campaign finance crimes the federal government has prosecuted in recent years, classifying Marshall's acts as a "white collar crime spree."

"The public should know that people in Mr. Marshall's position and it was a very prominent one that he shouldn't be able to get away with these types of things," Mitchell told the judge.

The investigation into Marshall's misdeeds began before he was forced to step down as tribe chairman in August 2007 when lies about his military service and a prior rape conviction were publicized, Mitchell said after the hearing.

Over the course of the investigation, Marshall met with the prosecutor and with federal agents on multiple occasions, going over details of his crimes, including the exact amounts he fraudulently received.

But yesterday, Marshall and his attorney, who did not represent him at the time he signed the agreement, attempted to show that the amounts detailed in the plea agreement were incorrect. Marshall wasn't sure just what he was agreeing to at the time, he and his lawyer said.

"It was so much for me to be hit with at one time, I didn't really fathom half of the stuff that they were talking about. I was under a lot of stress," Marshall told the judge.

The judge asked Marshall if he had any doubts when he entered his guilty plea.

"No," he told her. "It's taken me a long while to just swallow everything that's in there."

Marshall's attorney blamed the case on the publicity that surrounded Marshall as the tribe achieved federal recognition and began its pursuit of an Indian casino in 2007.

"If this is a significant and widely known case, the reason for that is the Cape Cod Times," Markham told the judge. "I don't think anybody on this side of the Bourne Bridge ever heard of Mr. Marshall."

And the $383,000 that he took from the "fishermen's fund" really belonged to Herb Strather, the tribe's casino backer. And he never complained, Markham said.

The new tribal leaders, elected only days before Marshall pleaded guilty this winter, were in attendance yesterday to watch the sentencing.

"The Mashpee Wampanoag tribe has been deeply saddened by the actions of Glenn Marshall," tribal council chairman Cedric Cromwell said in a written statement. "However, the tribal government and the people of our sovereign nation are committed to moving forward with transparency and integrity toward all of our tribe members to ensure that we never again experience this type of betrayal."

For Stephanie Tobey-Roderick, who helped expose Marshall's crimes, the sentence was "a good thing."

"Come on, we were right, he stole money, he's going to jail, see ya later," she said after the sentencing, wearing her now-familiar "Stop Tribal Corruption" T-shirt. "Hopefully we can start to heal."

But Amelia Bingham, who also reported to the authorities information she had collected about Marshall, still wasn't satisfied. "He didn't get enough time," she said.

Rich Young, who has led the anti-casino effort in Middleboro, where the tribe is still pursuing a gambling facility, said he hopes Marshall's sentencing will bolster his case.

"This just makes it much harder for them," he said of the Mashpee tribe.

Under the federal prison system, Marshall may receive up to 54 days of credit for each year served for good behavior. In this case, that leaves the possibility that the sentence may be reduced by about 15 percent, Mitchell said.

More on the Snoaqualmie Banishment Civil Rights Trial

A federal-court judge ruled on April 30 that the Snoqualmie Tribe violated the right to due process of nine tribe members that it banished last year. ICRA MUST BE SUPPORTED BY OUR JUDGES.

“I’m very grateful for Judge Robart. He handled the issue very well for both Indian sovereignty and for individual Native American civil rights,” said Carolyn Lubenau, who was a tribal council vice chairwoman, before her banishment.

Judge James L. Robart set aside the banishment of the nine tribe members, and placed a 90-day limit on the tribe members’ social banishment. The social banishment prevents them from visiting tribal lands or other tribal members.


During the suit, the tribe argued that it had the sole authority to determine membership and punish tribe members, because of the tribe’s sovereignty. The banished tribe members argued that they did not receive adequate notice of the banishment proceedings, nor did they have an opportunity to defend themselves from the banishment.

The judge ruled that the banished members did not receive adequate notice and a chance to defend their rights.

In lawsuits like the Snoqualmie banishment case, federal courts walk a fine line between protecting the rights afforded to all Americans — such as the right to due process — and interfering with a tribe’s interest in sovereignty and internal control over tribal government.

“I think they both can exist peacefully,” Lubeanu said.

Snoqualmie Tribal Administrator Matt Matson noted that the ruling did create broad implications on tribal sovereignty. He wrote in an e-mail to the SnoValley Star that the tribe was considering its options and would not rush to decide what it would do next.

At the end of the 90-day period, the tribe could seek to have the nine members banished again.

“If they still feel that it’s something they should do, then they should have valid charges before they pursue something,” Lubenau said.

According to court documents, Lubenau and several of the other tribe members were banished for “crimes amounting to treason.” Lubenau and former tribal council chairman Bill T. Sweet were accused of operating a shadow tribal government.

Lubenau and others, who were not only banished but were disenrolled from tribal membership, cannot seek to be reinstated as tribal members until the 90-day social banishment period is over. The tribe removed them from its membership rolls because they allegedly did not meet the tribe’s standard of 1/8 blood relationship for membership.

For Lubenau, the experience has opened her eyes to the problem of tribal banishment, which she says has happened to people like her at other tribes across the country.

“Banishment is a horrible, evil punishment,” Lubenau said.

Even though the dispute with her own tribe is probably not over, Lubenau would like to help other Native Americans who have been banished by their tribes. The process for contesting a tribe’s banishment action is expensive, and she thinks that many have suffered their banishments in silence because they could not afford to fight back.

“After the ruling, I guess you could say we are not home yet. We are on second base, and we won’t be done until every Native American is assured of their civil rights,” Lubenau said.

Some Congresspeople WANT Cherokee and Creek To Get Away with Civil Rights Violations

Remember when our Congress wanted to PROTECT Americans from civil rights violators? And they would stand up to Nations like, SOUTH AFRICA when they did these things? But now, they want tribes to get away with stuff like that....

From THE HILL

House members from Oklahoma will call upon the Justice Department not to investigate several Native American tribes for alleged mistreatment of the Freedmen — descendants of freed slaves once owned by Indians. OP: Did they get mentioned in the recent documentary about the trail of tears?

The planned request, announced Tuesday by Reps. Dan Boren (D-Okla.) and Tom Cole (R-Okla.), comes a day after The Hill reported on an April 30 letter signed by several prominent liberals on Capitol Hill, such as Reps. Barney Frank (D-Mass.), John Conyers (D-Mich.) and Barbara Lee (D-Calif.), that asked Attorney General Eric Holder to began a full-scale investigation into the tribes for alleged civil rights abuses against the Freedmen.

WHY would they discourage a civil rights investigation?

Thunder Valley Indian Casino Cuts 100 Jobs

Remember when our Governor, Arnold Schwarzenegger said that new compacts would help bail our state out of its fiscal crisis? It doesn't appear to be working, Arnie. Thunder Valley is cutting workers, you don't do that if things are going good. Pechanga has cut their work force by 800 since the heydey, so HOW, sir, do you expect us to be bailed out?

The operators of Thunder Valley Casino laid off about 100 part-time employees, which the casino says is about a 5 percent reduction.
The casino is still busy, but not as busy as it used to be, said spokesman Doug Elmets.
Thunder Valley started a hiring freeze in January, and it has eliminated positions for “fewer than 100 people,” most of whom worked from one to three days a week.
With more than 1,600 employees, the casino is the fourth-largest employer in Placer County. The casino continues to be open 24-hours a day, seven days a week.

Congress asks Attorney General Holder to GET INVOLVED in the Freedmen's Fight for Civil Rights

It's ON, ladies and gentlemen. members of the House of Representatives, including John Conyers and Dianne Watson have joined with others in a letter to our new Attorney General Eric Holder. Please see this LINK for the full letter.

Additionally, Representative Barney Frank has written another letter that details the rights that have been abridged by the Cherokee and the Creek in their dealing with the Freedmen. That letter can be found at this LINK.

Please read the letters and be ready to use them as we ask AG Holder to stand up for ALL Indians' civil rights.

The Individual Indian Scores a VICTORY under Civil Rights Act: Another Crack in the Sovereignty Dam

Crack in the Sovereignty DAM! One of MANY to come. Congratulations to the BANISHED Snoqualmie.

In a legal first, tribal members have been victorious in Federal court challenging a tribal banishment action.


On April 30, 2009, the U.S. District Court for the Western District of Washington granted the Petition for a Writ of Habeas Corpus filed by nine Snoqualmie Tribal members challenging a banishment imposed by the government of the Snoqualmie Tribe in May last year The Court held that the Tribe's government violated the Petitioners' due process rights under the Indian Civil Rights Act and vacated the full banishment. As a result, the Petitioners' membership in the Tribe, as well as their benefits, are restored. The Court also imposed a time restriction on a pre-existing social banishment that prevented the Petitioners from coming onto tribal land and attending tribal events. The Court reduced the open-ended social banishment to 90 days, further vindicating and protecting the tribal members' Indian civil rights.


The decision comes after the first trial held in Federal court under the 1968 Indian Civil Rights Act seeking relief from a tribal banishment action. This is the first Federal court decision to overturn a banishment after trial upon a finding of a denial of due process. Tribal banishments and disenrollments have been increasing in frequency in recent years. The decision could have profound effects on the way tribal governments treat their tribal members, hopefully leading to greater respect for Indian civil rights.



Rob Roy Smith and Steven Kennedy of Ater Wynne represented the tribal members, all of whom were one-time elected members of the Snoqualmie Tribe's government.



Rob Roy Smith
Ater Wynne LLP
Suite 1501, 601 Union Street
Seattle, WA 98101-3981
(206) 623-4711
(206) 467-8406 (fax)

SB Sheriff Accused of Extorting Wealthy San Manuel Member

A stain on the San Bernardino Sheriff's department

A former sheriff's deputy was ordered held on charges Thursday after prosecutors said he tried to extort cash and vehicles from a San Manuel tribal member.
John Thomas Laurent, who was a deputy when the alleged crimes occurred in 2007 and 2008, was ordered to face an attempted extortion charge during a hearing in San Bernardino Superior Court.

After hearing testimony from 46-year-old Ray Green and a sheriff's detective, Judge Robert J. Lemkau ruled that sufficient evidence existed to hold over Laurent to face the charges.

Laurent, 30, is out on bail and returns to court May 8 to enter a plea. OP: If Laurent were San Manuel, he'd get house arrest, like those who conspired to murder people got.....

Green testified that one of three homes he owns is in Lake Arrowhead, where Laurent contacted him. As a San Manuel member, he receives $50,000 a month, after taxes, as his share of the tribe's casino profits, he said. Green was on parole for narcotics violations in July 2007 when Laurent called him, he said. OP: $50K a month AFTER taxes and still turning to drugs?

Mark Levy, Cobell Trust Attorney, Dead of Suicide in DC

Attorney who worked on Cobell case found dead in DC
Friday, May 1, 2009


Mark Levy, a prominent attorney who had worked on the Cobell trust fund case, was found dead in his office in Washington, D.C., on Thursday. Authorities treated the case as a suicide.

Levy, 59, headed the chair of the Supreme Court and Appellate Advocacy practice at Kilpatrick Stockton. According to news reports, he was being laid off yesterday.

"We in the legal community are losing someone who is hard to replace," Dennis Gingold, who has served as lead counsel in the Cobell case, . told The Legal Times. "This is a tough time."

Levy argued 16 cases before the U.S. Supreme Court and argued the Cobell case before the D.C. Circuit Court of Appeals, which is due to hear the case once again on May 11.

Kilpatrick Stockton employs several other attorneys who work on the Cobell case, including Keith Harper, a member of the Cherokee Nation.