The Native American Press (Bemidji, Minnesota), 1992-10-02

              Group Appeals To miac for Help at Detox Center Grant helps Red Lake Fisheries
By Gary Blair
It was 4:00 a.m. September 30th,
when members of the Minneapolis
Indian community started their journey
to the northwestern part of Minnesota.
The group's destination was the White
Earth Reservation and the "Shooting
Star Casino in Mahnomen, Minnesota.
The group was going to attend the
meeting ofthe Minnesota Indian Affairs
Council, (MIAC), meeting that was
being hosted by the White Earth tribe.
Theirprimaryissue was about thepatient
abuse that was occurring at the Hennepin
County Detox Center in Minneapolis.
Uponarrivingthegroup made their way
to the meeting room which was located
in the hotel part ofthe complex.
The group presented their issues and
were added to the agenda and given a
chance to speak. Ms. Sharon No Heart,
director of the American Indian
Services, Inc. of Minneapolis, spoke to
the audience. She said, "We want to
know if you will help us? Our people are
being abused at the Hennepin County
Detox Center."
The nine member panel, which
included Darrell "Chip" Wadena,
President ofthe Minnesota Chippewa
Tribe, listened as No Heart cited
numerous incidences of abuse. The
mistreatmentinvolvedthemistreatment
of patients at the detox center. She said,
"One of our Indian people had to drink
his own urine, because they won't give
him any water."
Chip Wadena then said, Tve heard
some things about that place." Other
speakers from the group then addressed
the commission members about the
abuse. Wadena then looked over at
Joann Stately, administrative assistant
to the Commissioner of Minnesota
Indian Affairs, Roger Head, and said,
"Find out more about this so we can
help." Roger Head was in attendance,
however, Chip Wadena ran the meeting
and directed the entire event. The group
leftMahnomenwithhope that Wadena's
goup would be able to help them.
Further developments and more stories
of abuse by Hennepin County Detox
Center staffwereheardMonday evening
at the Minneapolis American Indian
Center. Over 35 people attended the
three hour meeting, including State
Representative Karen Clark, Detox
Center staff, representatives form
differentlndianprogramsandconcemed
community members.
For over an hour the group listened to
idividuals give their account of what
happened to them in what has been
dubbed the "CHAMBER OF
HORRORS". Comments such as. "I
drank my own urine when they won't
give me any water," said one Indian
man who still has a hard time talking
abouth the incident. Another man said,
"They broke mjy arms and fingers. I've
been in the place over 250 times.. I am
notadog." Others told ofbeing strapped
down in someone elses urine.
One Indian woman said, "They
strapped me down and when they did,
a man put his knee in my back with his
full weight." This woman appeared to
only weigh abour 100 pounds. Another
person told of a patient who was not
allowed to eat. One person said, "It's
'Minnesota Nice', ifyou are white."
Others who testified gave the names
ofthe Detox Center staff who abused
them. One woman, they say, was six
months pregnant and lost her baby
after they strapped her down. Others
were only able to describe the Detox
Staff wh abused them. The PRESS
has learned that there are more peopl e
who are now willing to come foward
and testify.
It appears that Joe BigBear, an
American Indian who works in
administration at the Detox Center,
has been trying to discredit the two
Detox staff members who brought the
issues to light. Irene Wade, an
American Indian and Lynn
Fitzpatrick, a nonindian are the people
he is trying to discredit. This is the
same Joe BigBear, who on September
15th. when interviewed by the press
made no mention of abuse at the
Detox Center. Instead, BigBear agreed
with Paul Norman Program Manager
at the Detox Center that the abuse of
patients was being done by the police.
This was even after BigBear had
talked to Irene Wade, and was told of
her plans to go public about the abuse.
Another community meeting has
been scheduled for Monday evening.
This time the meeting will be at the
Waite House located at 13th and 26th
Street in South Minneapolis.
The Red Lake Band of Chippewa
Indians has received official
notification from the Bureau of
Indian Affairs that an economic
development grant has been
approved.
The Bureau of Indian Affairs
budgeted $4.9 million for a
community and economic
development grant program which
will provide pilot projects with a
stable source of funding over a
five-year period, according to
a report in a Red Lake Nation
newsletter. The Bureau solicited and
accepted 128 applications from
throughout the United States and
funded only 20 projects.
It was decided to develop an
application that would enhance and
diversify the Red Lake Fisheries. A
five-year plan would strengthen the
capability of the fishery to process
the resource via expansion and
addition of equipment, the report
explains. Members also plan to
expand the marketing capabilities at
the Fisheries, and provide for'
resource conservation measures by
providing rearing ponds for
restocking, developing a base for
aquaculture and developing a
composting project using fish
waste.
The grant award provides for
$190,850 for the 1992-93 fiscal year
and a total of $869, 310 for the
five-year period.
(The Buyline)
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Volume 2 Issue 21
October 2, 1992
Copyright, The Native American Press, 1992
Bureau of Indian Affairs lost Millions Guaranteeing Loans
The Bureau of Indian Affairs
ignored its own financial analysis and
lostnearly $8 million by guaranteeing
loans that tribes in Minnesota and
Wisconsin used to buy two businesses,
auditors say.
The agency didn't collect enough
collateral and recovered little on the
bad loans, according to a report by the
Interior Department's inspector
general.
Auditors uncovered the poor lending
practices during a review of the
Minneapolis office ofthe BIA.
They said the agency had to start
documenting its justification for
approving loans that area officials
reject as unsound. The Minneapolis
office had warned against approving
the loans.
A BIA official said Wednesday that
the agency's lending operations are
being turned over to a new economic
development office that will have the
financial expertise to handle them.
It will function like a bank, said
David Mathison, the Interior
Department's deputy commissioner
of Indian Affairs.
The auditors said the BIA
guaranteed a $6.5 million loan that
the Lac du Flambeau tribe in
Wisconsin used in 1985 to buy a
company that built electronic testing
equipment. A year later the Fond du
Lac tribe in Minnesota obtained a $2
million loan guarantee to buy all
electronic engineering company.
Both businesses defaulted in 199u,
and the government was forced to pay
the tribes' private lenders $7.8 million,
according to audits.
The Lac du Flambeau tribe
borrowed a total of $25 million to buy
the electronics company and got the
BIA to guarantee part of that money,
despite the agency's analysis that the
loan couldn't be paid back, the auditors
said.
The BIA has $300 million in
outstanding loans that it has
guaranteed for tribal business
development.
Minneapolis Star Tribune
Former R.L. Chairman Roger Jordain discusses issues with symposium keynote speaker Vine Deloria Jr.
Dale Johns, Convicted In U.S. Federal Court    Fond du Lac, Minnesota officials draw battle lines
Differences arose oyer hunting, fishing rights
By Mel Rasmussen
On Tuesday, September 29, 1992 a
federal Jury found Mr. Dale Johns, 39,
guilty on 8 counts of child and sexual
abuse. Mr. Johns is currently in custody
and awaiting his sentencing. The
sentencing will occur within the next
six to eight weeks.
Mr. Johns was the Acting Director of
the Red Lake Tribe's Department of
Social Services. He held this position
for a six month period over a year ago.
His conviction came as a surprise to the
people ofRedLake and sources indicate
that the people are hurting and are
shocked. Also Mr. Johns was a
practitioner of traditional Indian
medicine and a spiritual leader in the
community.
The trial was heard before U.S.
District Judge Harry H. MacLaughlin
and ran for seven days. The jury
deliberated for only five hours before
finding Johns guilty on all eight counts
for which he was charged. Johns was
convicted for sexually abusing a fifteen
year old girl and continued the sexual
abuse until she was twenty-one years
old. Johns now faces a maximum
potentialpenaltyoffifteenyearsinprison
and/or a $250,000 fine on three ofthe
counts and up to twenty years in prison
and/or $250,000 fine on each of the
remaining five counts.
The testimony established that over a
sixyearperiod, Johns abusedhisposition
as a parent, a practitioner of traditional
Indian medicine and a spiritual advisor
to sexually abuse his stepdaughter. He
had distorted matters of faith and
spirituality and had perversely
interpreted dreams to coerce sexual
favors fromthe victim. Johns' reputation
asaspiritualleaderbroughtpeoplefrom
around the country to see him at Red
Lake. He also travelled to other parts of
the country and to Canada to provide his
spiritual services.
Ms. Jeanne Graham, Assistant United
States Attorney, said that it is important
to note that Johns acted directly contrary
to any and all traditional Indian
teachings when he sexually abused his
step-daughter. Traditionally, all persons
aretobesbownrespect, especially within
the family, and betraying the trust of
others is disdained. He abused his
authority as a parent, doctor and
counselor.similartowhatwesometimes
see with a parent, doctor and priest or
ministerinother settings. Sexual abuse,
unfortunately, traverses all cultures.
Graham stated that Johns' relationship
to the young woman was one of a
common law relationship with her
mother. The young woman and mother
had lived together with Johns for 10
years and introduced each other as their
mother, dad and daughter.
Graham also stated that she felt that
there was a true sense of relief and
release on the part ofthe mother and h'
daughter. There was a ending to tire
trauma and ordeal they faced through
this trial. She applauded the efforts of
thevictim, "Ittookatremendousamount
of courage for this woman to come
forward and testify. Her courage will
prevent further abuse by breaking the
silence." Ms. Graham stated that she
hoped that the message is clear to others
that we cannot allow these conditions to
occur to our children, and their safety is
paramount. Graham hoped that now
thehealingcouldbegininthecommunity
and all ofthe affected parties can come
to terms with these issues.
Ms. Graham stated that the help of
the Red Lake Police Department and
the Federal Bureau of Investigation,
especially the efforts of Mr. Richard
Nelson, Special Agent in Bemidji,
"were the cornerstones that provided
justice to be done in this case. Without
a team effort by all concerned parties
the issue of swift trial would not have
occurred. Graham went on to state
that the judge will pronounce sentence
in six to eight weeks. Johns could
serve a minimum of six years
according to sentencing guidelines or
even more. This is up to the judge and
how he views the guidelines.
Johns was represented by
Minneapolis Attorney Larry
Levanthal, who was unavailable for
comment.
By Susan Stanich
Batde lines seem to have been drawn
in St. Paul and Cloquet, after Gov. Ame
Carlson responded to two letters from
the Fond du Lac Reservation chairman
with an administrator's press release
threatening to arrest band members who
hunt moose and deer next month.
"I guess that was my answer," Fond du
Lac's Robert "Sonny" Peacock said
Friday. "It's unfortunate when the head
of the state of Minesota reaches a point
where he tells his police officers to go
out there and start arresting people
because they're in violation of his law.
We have our own law that pre-exists the
state. He's either very ignorant or his
advisers have taken an approach. "Let's
get 'em...We're bigger and mightier, and
we have more attorneys and law
enforcement than you do, and we're
going to kick your butt' Wow!"
Peacock had his own message for the
governor. "Don't count all your chickens
yet, Mr. Carlson, because they haven't
all come home to roost"
At issue is whether Fond du Lac has
the right to set its own hunting and
fishing codes for band members
harvesting in the treaty area the band
ceded in 1854.
The state's position has been to allow
Fond du Lac that right if the band's code
is fundamentally the same as the state's.
The band's position is that the state is in
no legal position to allow Fond du Lac, a
distinct government, anything except
sovereignty.
This year, Fond du Lac has set a
moose season in the Arrowhead, while
the state isn't allowing moose hunting.
Also, Fond du Lac opens its firearms
deer seasons several weeks ahead ofthe
state season.
Peacock said that when Fond du Lac
"as a courtesy" informed the state of its
plan, a Department of Natural Resources
official responded with the threatening
letter.
Peacock then wrote Carlson that "no
cooperative arrangement is possible
between our governments until the state
of Minnesota accepts the fundamental
fact that the Fond du Lac Band
possesses these (treaty) rights and will
exercise them independent of state
control."
He wrote Carlson again in a
hand-delivered letter Sept 21 suggesting
that the two governments try to avoid
"cosdy and unnecessary litigation" by
meeting to discuss big-game hunting.
"He (Carison) responded with a news
relea se saying he's going to arrest us."
Peacock said Friday. "Now a lot of Fond
du Lac is waiting to see what will
happen. We're circling our wagons.
We're not goint to roll over on this thing.
We can't"
"We'd like to negotiate a settlement
with them (Fond du Lac)," Sando said.
"Everyone I talk to (in the state) is
sincerely wanting to find a reasonable
setdement of these issues. We want to be
fair and reasonable and equitable to all
parties, and we want to protect the
resource."
Sando said he'd like to see Fond du Lac
re-enter the treaty-rights agreement it
entered in 1988 with the state and the
Bois Forte and Grand Portage
reservations. Under that agreement the
state pays the bands to enforce codes that
mosdy resemble state laws. After two
voter referendums, both of which
opposed the agreement Fond du Lac
withdrew.
"That doesn't mean we can't come up
with a new version (of the agremeent) for
Fond du Lac." Sando said. "If I can't be
approved in its present form, then let's
figure out what's wrong with it"
Peacock said state officals have been
manipulative and belligerent and the
attitude has been getting more
pronounced in the last few years in a state
that has prided itself on its progressive
relations with tribal governments.
"I'd like to see the governor finally get
off his high horse and say, 'Jeez, you
guys exist Your have rights that pre-exist
the state of Minnesota and we will
recognize those rights.'"
Boise Forte Chairman Gary Donald
said Bois Forte will continue to honor its
agreement with the state, but he thinks the
state will lose if it goes to court against
Fond du Lac.
"We (at Bois Forte) discussed this
earlier today, and everybody sitting
with me felt the same way," he said.
"We do have the right. We always
have had it. The 1854 Treaty gives
us rights to hunt, fish and gather,
and the only one that can take that
away from us is the president of the
United States and no one else."
[Reprinted with permission
from the Duluth News-Tribune]
American Indian Research And Policy Institute Meets At Hamline University
By Mel Rasmussen
The American Indian Research and
Policy Institute and Hamline University
SchoolofLawheldatwoday symposium
last weekend on Indian issues. The
objective was to explore legal and
political issues facingreservations, rural
and urban American Indians.
The symposium started with various
speakers expressing the needs of
discussing and examining these issues.
However, Roger Jourdain, past Tribal
Chairman of the Red Lake Nation
delivered the trueheartoftheissuesthat
greatly impact todays Indian culture.
Mr. Jourdain pointed out the three
most critical issues that face the Indian
tribes in today's society. The first was
the National Gaming Act and how it is
impacting the country. Jourdain cited
howthere has beenamajor infringement
upon our tribal sovereignty rights by all
of the outside influences within the
current governmental process. There
hasbeentomuchinterventionby federal,
state, county and local governments
into the affairs ofthe Indian Nations,
Through our own vacillation these
differententitieshavebeenundermining
our freedoms and rights and, in effect,
controlling our own destinies.
The second issue is in the description
of the rapidly increasing issue of the
existence of the "Reservation Poverty
States." The continuing rise of poverty
and denial of services to our people on
reservations has brought about the
decline ofthe quality of life on today's
reservations. Over control and poor
bureaucraticpoliciesandhandlinghave
continued to perpetuate the poverty and
decline of the American Indian
population. Most tribal governments
have become caught in the role of
appeasing these forces and have
continued to pay lip service to their
pressures to ensure survival of the
reservation population.
The third and most deadly issue is the
continuation of the policies of
termination. The historical perspective
has shown that termination and veiled
prodigiesofthisnemesis have continued
to exist througoutthe legal and political
system. Today itcomes fromthe Bureau
of Indian Affairs and the Bush
Administration to state that any tribe
can be considered extinct and declared
non-existent. These same policies have
filtered down to other levels of
government and are currently being
used to erode the issues of sovereignty
and the rights ofthe tribes.
Jourdain cited an example of how
some of our own flesh and blood have
started to work against and forget their
own traditions. Mr. Larry Echohawk,
the Attorney General of the state of
Idaho, is a Native American who is
running fora federal office in that state,
recently authored abill that goes against
Indians in his state. The bill was a
referendum to outlaw all Indian
gambling.
It is important to note that Mr.
Echohawk spoke at the Democratic
National Convention and talked about
Indian issues and their importance.
However, in his home state, Echohawk
has brought numerous lawsuits against
the tribes and has refused to involve
himself with the concerns of the
American Indians. Various sources have
stated thathis Mormon background has
often been in conflict with the issues of
Native American issues. Echohawk is
scheduled to speak at the upcoming
Humphrey Day Dinner for the DFL in
Minneapolis on the weekend ofthe 3rd
of October.
Further discussion continued about
these issues and the keynote speaker
Vine Deloria spoke about, "What is
Indian Law and Policy." The issues he
discussed were to be heard again
throughout the symposium. DeLoria
felt that legal scholars have not
contributed anything to the
interpretation of Indian Law for over
twenty years. There has been a
complacency of understanding the true
existence of Indian law and the treaty
issue and their recognition.
He went on to state the differences of
current policy and law and how there
has been a aberration and a change of
the view of what the policies of the
late 1800's have come to be
understood as the law ofthe land. The
opposite is the case. Such acts and
ordinances such as the IRA act of
1934 and Public Law 280 are not laws
that are to be recognized by the
individual sovereign nations. Only
through the understanding of the
differences of policies and law can
the true impact be determined about
the understanding of tribal law. It was
important to note that the last formal
treaty signed by the United States
occurred with the Utes in 1912. After
this point in time both parties failed to
recognize the reality of laws and
policies.
Throughout the day several speakers
provided discourse upon current issues.
These included such issues as the old
treaties and new compacts, historical
examples ofthe law of sovereignty, and
howhavedifferentU.S.programs helped
orhurtthe Indian community. Itbecame
clear that there is no one basic issue that
can cover all ofthe current problems.
Rather a great number of issues had to
be addressed. The direction of this
forum has yet to be decided.
In the closing remarks, Mr. Jeff
Crawford, President ofthe American
Indian Bar Association, commented
that all the ideas presented would be
assessed and a future meeting would
be held to determine a course of
direction and what issues would be
studied.
At this meeting there were
approximately three hundred people
in attendance. The professions
represented attorneys, educational
institutions and social service delivery
agencies. Each had their own different
perspective but the common thread
was in the need for education and
communication ofthe concerns ofthe
Indian community at large. There is a
great need for education on all levels.
Different representatives expressed
the hope that this study group will be
more thanjust another committee and
would like to see a proactive stance in
their deliberations in the future.
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