The Native American Press (Bemidji, Minnesota), 1992-11-13

              8th U. S. Circuit Court of Ar.
Hears Leonard Peltier Case for Retrial
By Mel Rasmussen
Monday, November 9th, attorneys
for Leonard Peltier, American Indian
Movement Activist, presented
evidence to a three judge panel
requesting a retrial for imprisoned
Leonard Peltier, an Oj ib we from North
Dakota. Peltier was convicted in 1977
for the murder of two FBI Agents on
June 26, 1975, on the Pine Ridge
Indian Reservation during the
Wounded Knee Occupation. Peltier
is currently serving two consecutive
life sentences at the Federal Maximum
Security Prison in Ft. Leavenworth,
Kansas, and was not present for the
appeals hearing.
Peltier's attorneys, included such
notable legal authorities as William
Kunstler and former U.S. Attorney
General, Ramsey Clark. Also, legal
representation came from Canada as
Ms. Dianne Martin came as an official
spokesperson for 55 Canadian
Ministers of Parliament. These
representatives intervened on Peltier's
behalf by filing an amicus brief
objecting to the improper use of
fabricated and false evidence by the
U.S. Government to extradite Peltier
from Canada in 1976. This was the
first time in history that the Ministers
of Parliament have intervened in a
criminal appeal in any United States
Court.
The defense attorneys presented
evidence to the court concerning
several issues. The first point was in
having a former BIA policeman, and
member of the "GOON" Squad,
(Guardians ofthe Oglala Nation), on
Pine Ridge. He admitted to beatings
and misconduct by this federally
funded group of individuals. This
issue could show that the FBI, who
supplied them ammunition and
weapons, was involved in their own
form of confrontation and incitement
in a already hostile and tense
environment by using fear, terror and
intimidation. Clark stated that, "It
was like an engagement between
cavalry and Indians."
The next point was in the fact that
a key government prosecution witness
has since recanted her testimony and
claimed that the investigating
attorneys and officials coerced her
into providing false information.
Another point was in the fact that
the Federal Government has admitted
that they do not know who did shoot
the agents. Assistant U.S. Attorney
Lynn Crooks, one of the original
prosecutors, agreed with Clark that
the government lacked evidence that
could directly tie Peltier to the
shootings. Crooks stated, "We had
numerous shooters. We didn't know
who fired which killing shots." Judge
Daniel Friedman asked, "What do
you mean by 'know'?" Crooks said
that they lacked any witnesses.
Friedman then stated, "That seems to
me quite significant." Crooks insisted
that the government was consistent in
prosecuting Peltier on alternative
theories, in that Peltier either aided in
the murders or he actually fired the
shots. Crooks felt that Peltier was
equally culpable, or to blame, in either
instance.
On a side note, several legal
observers have mentioned that fact
that Judge Friedman from
Washington, D.C, is in consideration
for a possible nomination for a
Supreme Court opening. The positive
implication of this appeal could play
a important part in his judicial career
at a later date.
The next point that Clark argued
was that the government has changed
its theory of prosecution and has
changed its position. It has gone from
a position of arguing that Peltier had
murdered the agents to the position of
aiding and abetting in their demise.
The government countered with the
argument that they presented alternate
theories about Peltier's role to the
court and have not changed their
position since the original trial.
Meanwhile, outside the courthouse
in St. Paul, supporters of Leonard
Peltier gathered to show their concern
about the travesty of justice that has
occurred. According to eyewitnesses,
there were more people from out of
state and the country than there were
from the Twin Cities. Among the
group were several news agencies
from Europe and camera crews from
Germany who have been following
the Peltier case. Several spokespersons
from various organizations addressed
the gathering. These groups included
the American Indian Movement, the
Peacemaker Center, Amnesty
International, Amicus and also the
Mayor of St. Paul, Mr. Jim Scheibel.
This gathering of people can be best
described as a cross section ofHumans
who are seeking justice for another
Human Being who is being held as a
political prisoner as others have been
throughout the world. As one
supporter stated, "Justice knows no
boundaries and barriers to its
enactment."
On a historical note to the Wounded
Knee incident, I remember a fellow
Air Traffic Controller friend of mine
who told me of being outside of
Wounded Knee, while on active duty
in the U.S. Army. He told me that he
had been deployed with his armed
HUEY Gunship along with others
to put down the alleged Wounded
Knee rebellion. He further stated
that the U.S. Army had staged
Armored Personnel Carriers,
Gunships and assault troops who were
assigned to retake Wounded Knee.
The Commanding Officer of this little
taskforce was none other than
General Alexander Haig, who,
according to my friend, actually
wanted to go in and completely
obliterate all opposition.
Fortunately, cooler heads
prevailed in the nation's capital at
that time.
The appellate court took the case
and the evidence under advisement.
Normal time parameters for decisi o n s
and opinions from this court are
usually given after a period of three
months or more after a hearing.
However, this is the norm and not
the set standard of time.
By and For the Native American Community
_-_—.
iMs Native
fVeC
American
Press
We support Equal Opportunity For All People
A Weekly Publication
Founded in 1991
Volume 2 Issue 27        November 13, 1992
FBI Probing Allegations Of Abuse At Detox Center
Copyright, The Native American Press, 1992
Henr_epin County ODmm
MINNEAPOLIS (AP)
The FBI has confirmed that it's
probing the Hennepin County
Detoxification Center following
claims that employees abuse patients,
especially American Indians. Two
agents interviewed people last week
at American Indian Services Inc.,
Director Sharon No Heart said Friday.
Officials at the center and in the
Hennepin County attorney's office
said Friday that they knew of no such
investigation. Colleen Rowley, a
spokeswoman at the FBI's
Minneapolis office, said she could
disclose no details ofthe investigation.
"All I can do is confirm to you that
the FBI is looking into alleged
violations of the federal civil rights
statute at the Hennepin County
Detoxification Center," she said.
American Indians have claimed
for some time that they are abused at
the center. People told stories of abuse
at meetings with public officials at
the center on Oct. 15 and at a public
hearing later that month at the
American Indian Center.
Gerry Stafford, outreach client
advocate at American Indian Services,
said he went to the FBI last month
with a man who gave a statement
alleging abuse. Stafford also said he
turned over a videotape ofthe second
hearing. The allegations include
physical abuse, racial epithets and
theft.
No Heart and Stafford said detox
patients have lost federal aid money
and food stamps at the center. "It's
always right about this time of the
month when people get their SSI
money and food stamps," Stafford
said. "Most of the people are
homeless. When they end up in detox,
not only are they physically abused
and verbally abused," their money
disappears. No Heart said intoxicated
patients are easily victimized because
often they don't know how much
money they had when they arrived.
Bob Olander, director of the
county's Chemical Health Division,
said he'd heard nothing from the FBI
or from any other state or federal
agency about an investigation. "I
normally have knowledge when there
have been issues raised," he said.
At the Oct. 15 meeting, Olander
responded to allegations with a pledge
to vigorously investigate. He told
listeners that eight employees haa
been disciplined and one was fired in
the past year for abusing patients or
other staff members.
Cadet Brenda La Rock (left) practices a subduing hold on Cadet Henry Halvorson (right).
Native Americans Enter Minneapolis
Police Cadet Program
By Sara Lawrence
The classmates gather in the parking lot, joking with one another and
the instructor. When the students begin to practice what they have learned,
however, all joking ceases. Henry
Halvorson and Brenda La Rock are
two Native Americans training hard
to enter the police force.
La Rock and Halvorson are cadets
in the Police Cadet Program developed by the Minneapolis Department
for people not educated in law enforcement. Cadets with a two-year
degree in Law Enforcement or any
four-year degree can be accepted. For
many of the cadets, the program-
which pays tuition and provides a
monthly stipend—is the only way they
can become a police officer.
In the program, cadets first undergo an extensive college
equivalency course in law enforcement to give them the academic
knowledge necessary to pass the state
licensing exam boards. Next, cadets
are sent through the SKILLS Training Program (the state's police
academy) which includes "hands on"
experience and training. When cadets pass both sections ofthe licensing
exam, they are automatically promoted
to police officer.
As a former Minneapolis Park Police
agent, La Rock understands law enforcement. She identifies strongly with
her Native American culture. "I hope
to be a role model for other Native
Americans, especially the children."
Halvorson, who a holds a Bachelor's
degree in Spanish, had no experience
with law enforcement prior to joining
the cadet program. "I was looking for
different options coming out of college," he says. He has been amazed at
the diversity of his classmates in the
cadet program and is glad to see more
minorities entering the program.
The Minneapolis Police Department
is now accepting applications to the
Police Cadet Program. Interested parties should contact the Affirmative
Action Office at 673-3005, the Civil
Service Commission at 673-3117, or
the Minneapolis Police Recruitment
Officer at 673-3787.
By Gary Blair
With the election now over, it seems
the controversy surrounding patient
abuse and neglect at the Hennepin
County Detox Center located at 1800
Chicago Ave. S., should have finally
received proper attention from the
County's Board of Commissioners.
Instead, just the opposite is
happening. The PRESS has learned
that newly re-elected County
Commissioner Peter Mclaughlin, who
has oversight responsibilities for the
Detox Center has tried to down-play
the situation.
Gerry Stafford, who has
••- vearheaded efforts, thus far for the
Minneapolis American Indian
community, now says Commissioner
Mclaughlin recently told him that he
(Mclaughlin) doesn't have any
solution yet for the problems at the
Detox Center. Stafford said, "I told
him that there was a need for a patient
advocate on all three shifts at the
Detox Center and he respond." "We
don't have the money to do that."
Stafford said. "I then told him, well
then, it looks like you or State Senator
Linda Berglin or State Representative
Karen Clark will have to do it." He
didn't answer, Stafford said.
It seems it has taken the involvement
of the FBI and most recently the
interest of the WCCO television
station to generate any real media
concern when it comes to abuse issues
faced by American Indians living in
Minneapolis.
The County's Chemical Health
Division that operates the Detox
Center has an annual budget of
$15,000,000 funded by taxpayer
dollars. Recently, the entire operation
has become known to the American
Indian community as the "CHAMBER
OF HORRORS." Abuse of patients
has become so common that it has
effected every level in the building.
The PRESS has learned that even
the Detox Center Management was
observed on the "QUIET ROOM"
monitor beating on a female patient
one Saturday afternoon. Some
American Indian staff working in
professional positions on the second
and first floors have also taken part in
the verbal abuse of their own people.
And, as recently as Nov. 10th, Detox
Center patients have witnessed
another being beaten while still in
handcuffs.
The PRESS has also learned that
patients who are beaten up are hidden
from the doctor when he makes his
morning rounds at the Detox Center.
Allegations of patient abuse at this
place go back some ten years and
more recent complaints are still being
reported. PRESS sources also say that
there have been many deaths at the
Detox Center than have been reported.
Here is how these deaths have been,
handled.
If a patient dies at the Detox Center
they call an ambulance, instead ofthe
County Coroner. Once this person's
body arrives at the Hennepin County
Medical Center the temperature is
not taken. The body is then put on life
support. The next-of-kin are then
notified.
The family is then told that the
person is brain dead. The family is
then asked if they want the machines
removed. If they agree, which in most
cases they have, then, the place of
death is recorded as having happened
atthehospital. AtaNov. lOthmeeting
held at the American Indian Services,
an American Indian woman told just
such a story about the death of her
uncle.
On Sept. 15th, County
Commissioner, Peter Mclaughlin told
those in attendance at the Detox
Coalition meeting that he wanted to
know personally if the employees that
reported the abuse receive any more
harassment. As of today, harassment
of these two individuals has increased
to the point that one of them has had
to leave her home out of fear for her
life.
Irene Wade, an American Indian
and the other person who reported the
abuse, said she is now in the process
of writing a letter to Commissioner
Mclaughlin informing him officially
that both of them are once again being
harassed. Wade has also drafted a
letter to her co-workers informing
them that she is not going to be
intimidated by their behavior when
she's at work. Wade also says she has
put a tracer on her home telephone,
because of callers hanging up when
she answers.
The following is the letter, Irene
Wade, wrote to her co-workers.
DETOX STAFF:
Please allow this letter to serve as
notice to you personally that the
harassment that I have to contend
with while on my job is not going to
affect my efforts for much needed
change on 3rd floor, 1800 Chicago
DETOX. While some of you may
report every move I make on my job,
hoping to get me in trouble, let me
assure you, I'm never in noncompliance of my job duties. My job
is too important to me. I take pride in
my work performance.
While some of you write "LIES" when
writing your incident reports involving
me, let me assure you that your lies do
me no harm. Because the truth shall
always prevail. I don't have to HIDE
behind LEES! While some of you make
harassing phone calls to my office, let
me assure you, I have many copies and
they will only be replaced. While some
of you meet me in the hallways and
snicker or glare at me, maybe an attempt
to intimidate, let me assure you, I am not
easily intimidated.
While some of you look at me with
disgust in your eyes, let me assure you,
I stand tall. I am Proud.
I am fighting for what is only basic
human rights. While some of you try to
dictate to me what I can say or not say,
when and where and to whom, let me
assure you, I know my rights regarding
freedom of speech.
While some of you may even be calling
my home with hang-up calls, let me
assure you, my tracer will soon catch
youandthenlwill Deforced to takesteps
to have you prosecuted.
Perhaps instead of wasting your energy
on such foolish attempts to harass and
intimidate me.your time wouldbe better
spent trying to clean up the mess you
have created at 1800 Chicago, 3rd floor
DETOX.
Signed Irene Wade.
For those of you who feel you were
abused or neglected as a patient at the
Hennepin County Detox Center, call
(612) 871-2175. If you're a female and
wish to speak with a woman then tell the
person who answers the phone that you
want to speak with a female staff
member. Your calls will be respected.
Blaze contracts ballooning as trouble grows
That it is better 100 guilty Persons should escape than that one innocent Person should suffer, is a Maxim that has been long and
generally approved   - Benjamin Franklin
The Native American Press
uses recycled Newsprint
Native American Insane
Asylum See Page 3
By Bunty Anquoe
WASHINGTON - Blaze
Construction, the Bureau of Indian
Affairs' largest contractor, has secured
over $31 million in contracts this year
while in the midst of renewed charges
of being a "front company" for
non-Indians.
Arizona Federal District Court Judge
Paul Rosenblatt ruled in a patent
infringement case Oct. 23 that Albert
DeAtley, a non-Indian who owns
several construction firms in the state
of Washington, is in actual control of
Blaze Construction, an Indian-owned
firm based in Yakima, Wash.
"It is clear from the evidence and
testimony that Albert DeAtley is
essentially the alter ego of Blaze
Construction. While not a
shareholder or officer of Blaze, he
virtually controlled it as a 'guarantor
of Blaze's bonding and bank
4
financing,'" the judge said.
"Essentially he runs Blaze, makes
the decisions."
The BIA has an "Indian
preference" policy in awarding
contracts, as required by the Buy
Indian Act and the Indian
Self-Determination and Assistance
Act. The purpose of the Indian
preference policy is to stimulate
economic activity in Indian
communities by providing
Indian-owned businesses with an
advantage over non-Indian
businesses in bidding for
government contracts such as
housing and road construction.
Blaze Construction has this year
received BIA contracts worth a total
of $31.7 million, which exceeds
their combined total of contract bids
awarded in 1990 and 1991 by $4.5
million. In 1990, the firm received
17.5 million in contracts from the
\
bureau and $9.7 million in 1991,
said Carl Shaw, BIA spokesman.
The Interior Department Inspector
General's office confirmed the
existence of an active investigation.
Blaze is owned by William
Aubrey, a member of the Blackfeet
Tribe. The company specializes in
the construction of roads and single
family homes. At press time, Mr.
Aubrey had not returned numerous
calls from Indian Country Today.
According to a 1992 Dun and
Bradstreet business report. Blaze is
owned solely by Mr. Aubrey and has
branch offices in Browning, Mont.,
and Albuquerque, N.M.
Blaze Construction first came
under fire as an alleged "front
company" in 1989 when the U.S.
Senate Select Committee on Indian
Affairs Special Committee on
Continued on pg. 5