The Ojibwe News (Bemidji, Minnesota), 1995-12-01

              White Earth i
'sovereignty'
ndictees play their hand at
defense
By Gary Blair
Indicted White Earth officials
appeared in federal court on Monday,
flanked by legal counsel who argued
that the U.S. Government has no
jurisdiction to interfere with the
reservation's "self-governance."
Lead Attorney John Brink, who
represents Tribal Chairman Darrell
"Chip" Wadena, told the court, "This
indictment is an assault on the most
fundamental aspects of sovereignty:
the ability7 to make contracts, the
ability to regulate hunting and fishing,
the ability to regulate elections."
The other councilmembers named
in the 44-count indictments were
Secretary Treasurer Jerry Rawley and
Rick Clark, who are charged with
theft, embezzlement, bribery,
conspiracy, money laundering and
election fraud.
Three other tribal members who
were charged with election fraud in
the same indictment also appeared
with their attorneys. Carley "Baby
Doll" Jasken and Henry7 Harper are
White Earth enrollees. Peter Pequette
is a member of the Leech Lake
resen'ation.
Assistant U.S. Attorney Kenneth
Saffold said the government is not
challenging the tribe's sovereignty.
"We are challenging the defendants'
right to dilute the vote," he said.
"That is a violation of federal law."
Saffold also made reference to a recent
federal court ruling involving
Minnesota State Senator Harold
"Skip" Finn, a Leech Lake enrollee
who was indicted in a different
investigation. "There has already
been a decision made involving
Senator Finn," Saffold told the court.
Finn was indicted in June of this
year for his alleged involvement in an
insurance scam that milked over a
million dollars from the Leech Lake
resenation. Finn is also claiming
sovereign immunity as his defense.
The federal judge in Duluth who
made the ruling said the government
does have jurisdiction on resenations,
especially in cases involving the
misuse of funds and collection of
federal income taxes. Finn was
indicted along with other top officials
of the Leech Lake resenation where
he once sened as tribal attorney.
Monday's hearing found the
courtroom full of White Earth
Indians. Most were family members
and supporters of Wadena, Rawley
and Clark — people who had
benefited as recently as the day before
the hearing, when they each received
$100 to attend.
Reliable sources at Cass Lake say
Wadena and Clark were giving away
money on the Leech Lake resen'ation,
as well, to anyone who would agree
Hand cont'd on pg 3
Thanksgiving, but no thanks
By Jeff Armstrong
While the American mythology
surrounding the Thanksgiving
holiday appears to have been reduced
to the marketing of Pocahontas dolls
and their ilk, the Nov. 13 issue ofthe
Halstad, MN Shopper well expressed
the true spirit of Pilgrim day:
A young mother had been having trouble
getting her young son to attend Sunday
School. So, she tried psychology. She read
her young son the story of the Pilgrim
Fathers when they landed in America,
telling him how the Pilgrims attended
church underthe most difficult conditions.
"The Pilgrims never missed church on
Sunday," his mother pointed out. "I'd go
to Sunday school every Sunday too," the
youngster snapped, "if you'd let me carry7
a gun and shoot Indians on the way."
Harold Nelson, publisher of the
46,000+ circulation Shopper, said he
had no intention of condoning
genocide. "We're very much pro-
Native American. I don't know how
that got in there," said an humbled
Nelson.
In response to several complaints by
Natives, Nelson said, he published an
apology in the following week's paper,
but he declined to fax the Press a copy
of his statement. Nelson said he
questioned his staff but none could
account for the origin of the story,
whose printing the publisher
attributing to an editorial oversight.
"People send us jokes, and apparently
it didn't get edited out," he said.
FREEDOM OF RELIGION
Nearly 20 years after the U.S.
Congress enacted the American
Indian Freedom of Religion Act
(AIFRA), equal access to indigenous
spiritual practices remains an elusive
goal in Minnesota institutions.
Responding to complaints from other
inmates and community religious
organizations about "preferential
treatment" of Native prisoners, the
state Department of Corrections
issued a recent policy directive which
inmates called a throwback to the
1800's.
The policy, to go into effect Jan. 1,
will limit the possession of spiritual
items to five per prisoner, allow prison
staff to search medicine bundles and
pipes, and grant wardens the power to
"impose restrictions on attendance at
or discontinue completely a religious
activity."
In an open letter to Corrections head
Frank Woods, the Moose Lake Indian
Culture prisoners' group accused the
commissioner of signing "a policy
that will insure Native people will
come back to prison or will have to
stay longer fighting for their rights to
believe and practice in their ways of
life as directed by the spiritual people
of their communities."
The group went on to ask Woods:
"Do we now do a sentence for being
Indian? Or are you going to insure
that Indians have the same rights as
all others, not based on another man's
religion but our own ways?"
Mark Thielen, assistant deputy
commissioner of Corrections, said the
new policy is intended to equalize
treatment of religious practices. While
Thielen acknowledged that the new
regulations allow for the physical
Thank cont'd on pg 3
Attorneys in tribal Corruption case say fe<M
have no jurisdiction
By Amy Kuebelbeck
ST. PAUL (AP) _ Attorneys for White
Earth Band of Chippewa tribal officials
accused of corruption argued Monday
that the federal government has no
business meddling in tribal affairs.
A 44-count federal indictment
alleges theft, embezzlement, bribery,
conspiracy, money laundering,
election fraud and other corrupt
activities relating to the construction
ofthe band's Shooting Star Casino in
Mahnomen.
"This indictment is an assault on
the most fundamental aspects of
sovereignty: the ability to make
contracts, the ability to regulate
hunting and fishing, the ability to
regulate elections," argued John
Brink, representing tribal chairman
Darrell "Chip" Wadena.
Assistant U.S. Attorney Kenneth
Saffold said the government is not
challenging the tribe's sovereignty.
"Weare challenging the defendants'
right to dilute the vote," Saffold said.
"That is a violation of federal law."
Without ruling on the defendants'
motion to throw out the indictment,
U.S. Magistrate Judge John Mason
quoted from a previous case that
specifically says the federal
government hasjurisdiction in cases
of misuse of funds.
Mason said the precedent seemed
"squarely on point" and he would use
it as a guide unless the officials'
attorneys could convince him
othenvise.
Wadena is accused of stealing nearly
$429,000 through bid-rigging on the
band's casino, with the help of tribal
secretary-treasurer Jerry Rawley and
tribal committeeman Rick Clark.
Federal prosecutors also say the
three cheated the band by creating a
secret tribal fishing commission,
appointing themselves, and voting
themselves additional tax-exempt
salaries of $65,000 to $75,000 a year.
The leaders also are accused of taking
illegal    "gaming    commission
payments" from tribal funds. In 1993
alone, the indictment says, the three
received more than $200,000 each
from the band.
Three others _ Carley Jasken, Henry
Harper and Peter Pequette Jr. _ are
charged with conspiring to commit
election fraud, includingpayingband
members to falsely file hundreds of
absentee ballots and shredding
election documents.
Arguing that they wanted to avoid
guilt by association, the attorneys also
asked the judge to give their clients
separate trials and to split the charges
of misappropriation of tribal funds
and election fraud.
David Barnes, a special agent for
the Department of the Interior,
testified that the charges belong
together.
"By being elected, the resenation
tribal council has unlimited access to
and the ability to misappropriate tribal
funds," he said.
The judge took the motions under
advisement.
Lawmaker enters guilty pleas to DWI
DFLer Johnson could serve 20 days in jail
By Gary Dawson
St. Paul Pioneer Press staffwriter
DFL lawmakers, struggling to
maintain control of both houses in
next year's election, winced again
Monday as one of their own pleaded
guilty7 to habitual drunken driving
and refusing to take an alcohol test.
Rep. Bob Johnson, 49, of Bemidji,
was arrested three times in six weeks
for drunken driving. He entered the
two guilty pleas in Beltrami County
District Court under an agreement
that could limit his actual jail time to
less than 20 days.
Although the agreement calls for a
60-day sentence, Johnson will get
credit for 30 days in alcohol treatment,
for two days he has already spent in
custody and time offforgood behavior.
Both charges were gross
misdemeanors, each carrying
maximum penalties of one year in jail
and a $3,000 fine.
Johnson said he wouldbegin sen ing
the jail time today, in advance of an
early January sentencing date to be
set by Judge James Preece. He will
sen'e the time concurrently with any
sentence he receives for another DWI
charge pending in Sherburne County
District Court, where he is scheduled
to appear Dec. 15.
Republicans immediately seized on
the guilty plea to again call for
Johnson's resignation. He is one year
away from completing his fifth two-
yearterm. Johnson has said he would
like to complete his term, but only if
it does not interfere with his
alcoholism recovery program.
An immediate problem for the DFL
is the repeated negative headlines the
party has received over three senators'
brushes with the law. Johnson's DWIs,
and another situation involving Rep.
Carlos Mariani, DFL-St.. Paul. The
Pioneer Press recently disclosed that
two homes renovated with public
subsidies by the Neighborhood
Economic Development Alliance on
the West Side were sold to in-laws of
Mariani. The alliance had hired
Mariani as a consultant.
Republican Party Chairman Chris
Georgacas repeated his call for
Johnson's resignation, as did House
Minority Leader Steve Sviggum, R-
Kenyon. Georgacas has scheduled a
news conference for today to discuss
Johnson's situation and release some
apparently negative polling data taken
in Johnson's district - a seat the
Republicans hope to pick up in the
1996 election.
DFL House Speaker In Anderson,
International Falls, denounced
Georgacas for making a "political
statement' and said he will not pressure
Johnson to resign.
"That's up to Bob to decide,"
Anderson said. The speaker, who has
removed Johnson from his
chairmanship of the Labor-
Management Relations Committee,
said if Johnson remains sober and
wins re-election, he will be considered
for a new chairmanship if the DFL
retains control ofthe House. The party
now has an edge of just 69 seats to
Republicans' 65 seats. Sviggum said
Johnson's departure would be better
for him and for his constituents as he
Guilty cont'd on pg 3
WE indictees claim 'sovereignty' defense/pg 1
Thanksgiving, but no thanks/ pg 1
World AIDS Day Observance to stress rights/ pg 3
Traffic could destroy spiritual cntr. at Haskell/ pg 5
When myth met reality at Little Bighorn/ pg
1
Voice ofthe The People
Native
Fifty Cents
Ojibwe
News
We Support Equal Opportunity For All Peopl
Founded  in 1988 Volume B   Issue 7        December 1, 1995
A weekly publication.
Copyright, Native American Press,  1995
Photo by John Rainbird
Migisi (bald eagle) stops to look for food on its annual migration south for the winter,
Tribal court rules in favor of council
incumbents
RED WING, Minn. (AP) _ A tribal
court has ruled that all five incumbents
on the Prairie Island Tribal Council
will remain in office.
An attorney for the challengers,
who refer to themselves as the Prairie
Island Oyate, said the plaintiffs are
considering other legal options within
and outside the tribal court system.
The Prairie Island Mdewakanton
Dakota Community Tribal Court
certified the election results as
originally posted: Curtis Campbell
Sr., president, 99; Byron White,
secretary, 98; Alan Childs Sr.,
treasurer, 86; Darelynn Lehto, vice
president, 83; Michael Childs Sr.,
assistant secretary/treasurer, 78.
Sixteen other names were on the
ballot. Candidates finishing sixth,
seventh and eighth were: Geraldine
Walker, 77 votes; Ron Johnson, 76;
Lu Taylor-Jacobson 73.
The court dismissed all allegations
raised by the plaintiffs, concluding:
"The integrity ofthe election process
was preserved despite the minor
irregularities existing in this new
election process."
The election was Nov. 17, and a
recount last Monday resulted in the
same totals. The hearing was Tuesday
before Chief Judge Kurt V. BlueDog
and two associate judges; their ruling
was issued late Wednesday afternoon.
The plaintiffs had registered several
complaints, including: the handling
of a few mail-in ballots; the fact that
two individuals voted in theirvehicles
at the parking lot of the Community
Center; the presence at polls of
individuals other than election board
members or poll watchers; the
distribution of two videotapes and a
written report by the Tribal Council
prior to the election.
In each case, the judges said the
evidence was insufficient to show any
effect on the election outcome.
Shelter can mean office or camp
Encampment of homeless alcoholics is ordered razed
By Doug Grow
Mpls. Star Tribune StaffWriter
There are a couple of tents, stuffed
full of blankets and old sleeping bags.
There are blankets and tarps, strung
up along a clothesline as a windbreak.
There are a few chairs and, Until
Wednesday noon, there was a table.
It isn't much, but they call it home.
"Keeps the snow off our heads,"
said a woman named Donna, who's
been living at the camp for the last
couple of months. "We just want to
make sure we don't wake up frozen."
But Wednesday, the street folks who
have lived in the little encampment
near the intersection of Hiawatha and
Franklin Avs. in south Minneapolis
almost lost the little they have.
At about 1 p.m. city inspectors
showed up with a garbage truck, ready
to haul off the camp and disperse its
residents.
But inspectors saw that a large
number of people from various
neighborhood organizations had come
to show support for the people who
call the camp home.
The truck and the inspectors
departed, momentarily ending a little
neighborhood drama.
"I didn't need to be caught up in a
story," said Jack Allison, a city
inspector who was to direct the razing
of the encampment.
Supporters of the dozens or so
American Indian Chronic alcoholics
who live in the camp believe that the
homeless folks have become pawns in
a game of political petulance.
The belief is that the encampment
was on the verge of being razed
Wednesday because City Council
Member Jim Niland is upset that a
Raze cont'd on pg 3
USDA combines FmHA and ASCS
An important reorganization
process took place on October 1,1995.
This change combined the farm loan
side ofthe former FmHA Office with
the ASCS. The goal ofthe USDA is to
provide a "One-Stop Shop" for
agricultural producers. The Bemidji
FSA is being cross-trained to assist
the fanner on questions concerning
FSA credit programs. The AG credit
team in Bagley has been designated to
senice farm credit loans for Beltrami
County. There will be an AG credit
loan officer in the Bemidji office
Mondays between 9:00 a.m and 12:00
noon for general questions and for
appointments on Monday afternoons.
The AG credit team intends to serve
farmers with minimum disruption.
They will meet with producers in
Bagley and Bemidji FSA office or on
the farm when possible.
The Farm Senice Agency makes
and guarantees loans for operating
purposes and farm ownership. In
addition there are available emergency
loans, beginning farmer
downpayment loans and youth loans.
For more information contact: Rodney
Holen, county executive director,
Beltrami County FSA, 218-7 51 -1942
or Clayton J. Quade, AG credit
manager, Cleanvater County FSA,
218-694-6127.
The Federal Equal Credit
Opportunity Act prohibits creditors
from discriminating against credit
applicants on the basis of race, color,
religion, national origin, sex, marital
status, handicap, or age (provided
that the applicant has the capacity to
enter into a binding contract), because
all or part of the applicant's income
derives from any public assistance
program, or because the applicant
USDA cont'd on pg 3