Native American Press / Ojibwe News(Bemidji, Minnesota), 1996-03-01

              Finn, Pemberton & Brown trial to begin
Monday LLRTC appeals order to turn over documents
The 38-count federal felony trial of
Harold "Skip" Finn, Alfred "Tig"
Pemberton, and Daniel Brown is
scheduled to begin at 9:30 a.m. on
Monday March 4,1996. It will be held
before U.S. District Judge Michael J.
Davis in courtroom 3, on the 7th floor
ofthe federal courthouse at 316 North
Roberts Street in St. Paul, Minnesota.
It is anticipated that on Monday the
jury will be selected with opening
arguments to be presented on Tuesday.
The government will be required to
put on its case immediately following
the opening arguments. According to
sources, with normal breaks, the trial
will run about six hours per day
Mondays through Thursdays. Judge
Davis usually uses Fridays to hear
other matters. Estimates ofthe length
ofthe trial have it in the 4 to 6 weeks
range. The government will be
represented by Assistant U.S.
Attorney's Paul A. Murphy and
Michael W. Ward. Finn will be
represented by Douglas A. Kelley,
Pemberton by Bruce H. Hanky and
Brown by Kevin J. Short.
The latest development in the case
is that lawyers for the Leech Lake
Band have have appealed U.S.
Magistrate Judge Raymond Erickson's
order requiring the band to turn over
documents to the government. The
documents which appear to be the
most earnestly sought by the
government deal with Leech Lake
Tribal Ordinance No. 96-02. The
ordinance was recently enacted by the
Pemberton and Brown controlled
Leech Lake Tribal Council for the
specific purpose of paying for
HOTESS problems persist
By Gary Blair
Officials ofthe Minneapolis School
District are now faced with the
problems that surround the Heart of
the Earth Survival School (HOTESS).
ThePRESS has learned that for nearly
25 years the Minneapolis School
Board has approved state funding that
the Indian alternative school receives,
even though board members knew
little or nothing about the school.
It was during this time period that
reports surfaced alleging that large
amounts of the school's annual
funding had been missing. Student
test scores at HOTESS were frequently
the lowest in the Minneapolis School
District, and still no questions were
asked. As recently as last year, the
school was at the bottom of the
districts test scores and again the
Minneapolis School Board chose to
look the other way.
In spite ofthe school's continued
poor performance, state taxpayer
dollars were repeatedly authorized
defendants Finn, Pemberton and
Brown's legal fees. It also appears to
include the prior and future legal fees
of co-conspirator and Leech Lake
Tribal Council Representative Myron
Ellis. The appeal was filed with U.S.
District Judge Michael J. Davis, who
is presiding over the trial. Judge Davis
is expected to rule on the appeal by
March 1st, which shouldn't delay the
beginning ofthe trial on Monday.
On Wednesday, February 28, the
government filed a 37-page trial brief
with the Court. Lack of space and
deadline prevented coverage of it in
this edition.
Richard Duncan, an attorney for the
Leech Lake reservation and a member
of the law firm Faegre & Benson,
again declined to comment to the
PRESS.
for the school by the Minneapolis
School Board to the tune of nearly
$3,000 per student per year. Over 200
students have attended the alternative
school each year.
The Minneapolis School Board's
continued approval of funding for
HOTESS has also opened other doors
to even larger amounts of federal
education dollars that have likewise
been pouring into the school over the
years.
HOTESS cont'd on 4
Finn, Pemberton & Brown trial to begin Mon./ pg 1
Complete text of Randall dissent/ pgs 2,5,8,9 & 10
HOTESS problems persist/ pg 1
Wrist for slapping Native student's head/ pg 1
Govt, can't account for $2.4 billion in funds/ pg 1
Voice of the People
J
Fifty Cents
Native
American
Ojibwe
News
We Support Equal Opportunity Far All Peopli
Founded  in 1388 Volume B   lime 2Q        March 1,1996
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A weekly publication.
Copyright, Motive American
a,  1996
Bemidji school bus driver slapped on
wrist for slapping Native student's head
By Jeff Armstrong
After a brief and belated
investigation, Bemidji school district
officials failed to discipline a white
bus driver accused of slapping a 10-
year-old Anishinabe boy. District
Transportation Coordinator Ken
Willms did, however, shift driver Fred
Mills to another route Feb. 20, five
days after witnesses saw him strike
Sheldon Hawk on his way to Central
Elementary School.
Mills admits using force to break up
a scuffle between Hawk and a non-
Native boy, but denies slapping the
Red Lake youth. The driver had no
listed phone number, and could not be
reached for comment.
"There's still some areas of the
investigation of the incident that are
a little grey," said Willms. "The driver
will have a file of this incident on his
personnel record, and he has been
permanently placed on another route,"
said the transportation head.
But Hawk says the gesture is much
too little, and at least two months too
let go. He should be chargedfor hitting
a kid. That's child abuse, isn't it?"
Sheldon Hawk had reported being
slapped last December by his former
bus driver, who no longer works for
the district. But Willms concluded
then that Hawk's claim could not be
verified, though his brother reported
witnessing it. "At this point I do not
have enough evidence to support
Sheldon's allegations," wrote Willms
in a letter dated Dec. 12, 1996.
Willms interviewed just four
One section (L) ofthe 1977, mural by Carl Gawboy which was recently vandalized. Upper right photo shows
a close-up ofthe canoe with anarchy symbol, Nazi swastika and the words, "crazy Ed's rent a canoe." Lower
right shows cigarette drawn into elder women's mouth. Staff Photo
too lime, anu at least two monuis too    Q|ork ,,,
late. "I think that the driver should be   Olap COntd On 4
.* 4. *~. *o a u:nu«   Gawboy mural vandalized at Bemidji State
Government can t account tor $2.4 pillion t~n^««mlaH*m£*m* ten**************
in tribal trust funds
By Jim Ortiz
By Philip Brasher
WASHINGTON (AP) _ The
government can't account for $2.4
billion in transactions involving
Indian trust funds, auditors say, and
tribes are expected to demand payment
for at least some ofthe money.
The money isn't necessarily
missing, but documents cannot be
found to show where it came from or
where it was paid, officials say. The
Clinton administration is working on
possible recommendations to
Congress for handling claims from
tribes whose accounts can't be
reconciled.
"All of the tribes are going to be
putting in claims," Elouise Cobell,
comptroller for the Blackfeet tribe in
Montana, said Thursday.
The Bureau of Indian Affairs has
been accused for years of
mismanaging the trust funds, but the
extent ofthe problem became clearer
with completion of a five-year audit
by the Arthur Andersen accounting
firm.
Congress ordered the audit to figure
out how much money should be in the
2,000 tribal accounts, set up over the
years to handle receipts of tribal
income from timber, minerals, water
and land claims.
Accountants studied $17.7 billion
in transactions between 1973 and
1992 and found documentation for
$15.3 billion, a BIA summary ofthe
findings says.
The problem is similar to that of a
bank being unable to provide canceled
checks or deposit receipts to back up
its account statements. The funds have
been put under a special trustee
independent ofthe Indian bureau.
The funds total about $2 billion.
The largest single account, valued at
$400 million, contains a court' s award
A mural by renowned Ojibwe artist
Carl Gawboy hasbeendefacedby parties
unknown. The large multi-sectioned
mural is located in the snack/smoking
room in Hobson Memorial Student
Union on the campus of Bemidji State
University (BSU).
The incident of racism was
perpetrated at an unknown time and
has been there for at least three weeks.
Plans have been made to restore the
mural by an advanced painting class
of Bemidji State.
The Northern Student, the BSU
campus newspaper, received a letter
from the president of Council of Indian
students denouncing the act and the
perpetrators. The editor ofthe paper
called attention to the small size of
the vandalism and that it is not evident
at first glance. The vandalism is
nevertheless there and must be dealt
with accordingly.
As Native people we are often
confronted with senseless acts of
racism and are bewildered as to what
action should be taken. How do you
change years of prejudice ingrained
in some people?
Menominee rights case overcomes hurdle
Funds cont'd on 3
Gambling commission generates concern
among lawmakers
By Melissa B Robinson
WASHINGTON (AP) _ Lawmakers
and Indians are worried that a
proposed study of gambling's impacts
on society and the economy will be
used by opponents to try and boost
regulation of gambling or outlaw it
entirely.
"A study should not be a foot in the
door for federal control of gaming,"
said Barbara Vucanovich, R-Nev.
"Gaming is rightfully the state's
responsibility and it should remain
that way."
"Indian gambling has been
conducted honestly on the whole,"
said Rep. Barney Frank, D-Mass.,
whose district includes the New
Bedford site where the Wampanoag
Indian tribe plans to build a $175
million casino complex. The tribe's
agreement with Gov. William Weld
must still be approved by the state
legislature.
Even supporters of the bill
authorizing the study, originally
proposed by Rep. Frank Wolf, R-Va.,
argued that it should not be used as an
excuse to criticize Indian gambling,
even though gambling's growth and
greater accessibility pose legitimate
questions for a study.
"We have to ask the impacts of
gambling on our communities, on our
business communities, on other forms
of recreation and on our families,"
said Rep. George Miller, D-Calif.
The lawmakers spoke Monday at a
hearing of the House Resources
Committee. House leaders are
expected to bring up the bill for a vote
By Sharon Theimer
MADISON, Wis. (AP) _ A judge
Monday denied all but one of Gov.
Tommy Thompson's motions to
dismiss the Menominee Indian Tribe's
claims to hunting, fishing and
gathering rights over 9 million acres
of eastern and central Wisconsin.
The ruling by U.S. District Judge
Barbara Crabb clears the way for a
trial on the tribe's lawsuit, filed on
behalf of its 7,000 members against
Thompson and other state officials in
January 1995. No court dates were
immediately set.
"It was a significant victory for the
tribe," Menominee Vice-Chairman
Louis Dixon said in a telephone
interview from Keshena. "We feel we
have an issue and we're going to
pursue it."
Named in the suit are Thompson,
Department of Natural Resources
Secretary George Meyer, other DNR
officials and members ofthe Natural
Resources Board. Attorney General
James Doyle's office represents the
defendants.
The lawsuit claims land-succession
treaties with the federal government
in 1831,1836 and 1854 give thetribe
the right to hunt, fish and gather off-
reservation in much of eastern and
central Wisconsin.
The suit involves 9 million acres
Rights cont'd on 3
Couple's six-year battle to adopt boy finally over
Gambling cont'd on 3
Only Marine ever convicted of spying to be
released from prison
By Karren Mills
It was a sex-for-secrets scandal that
rocked the U.S. Marine Corps.
Sgt. Clayton Lonetree fell in love
with a Soviet translator while working
as a guard at the U.S. embassy in
Moscow. He turned over embassy
blueprints and other documents to the
Soviets.
When he realized he was in over his
head, Lonetree approached a U.S.
agent at an embassy party and sought
help. Within days, Lonetree was
behind bars.
The handsome young Marine from
St. Paul, Minn. _ the only Marine
ever convicted of espionage _ will
leave his military prison cell at Fort
Leavenworth, Kan., Tuesday more
than nine years after his arrest.
"He'll never be a free man, but
legally he will have served his time,
he will have paid his debt," said Rod
Barker, whosebookaboutthe Lonetree
case _ "Dancing With the Devil" _
also is being released Tuesday.
"But he'll always have to live with
the legacy of being the first Marine,
the only Marine, to ever have been
convicted of espionage," Barker said.
For a time, Lonetree, now 35, and
"They wanted fo kill him. We had
individual Marines volunteering to
be on the firing squad. We know the
jury thought they were being lenient
when they gave him a 30-year
sentence," said Michael Stuhff, a
civilian attorney from Las Vegas who
represented Lonetree along with the
late William Kunstler at the 1987
court-martial at the Quantico, Va.,
Marine Base.
The government had offered
Lonetree a five-year sentence under a
plea bargain but he turned it down on
the advice of his attorneys, Barker
said. After his conviction, Lonetree
NAMPA, Idaho (AP) _ After six
years, a judge has finalized Leland
and Karla Swenson's adoption of a
boy claimed by his natural father's
Indian tribe.
Casey Swenson is the biological
son of an Oglala Sioux Indian father
and a white mother. But he has lived
with the Swensons since the day after
he was born.
The Oglala Sioux fought for years to
move Casey to their Pine Ridge, S.D.,
reservation. But the Idaho Supreme
Court ruled last September that Casey
should stay with his adoptive parents,
and the tribe did not appeal.
The court required one final hearing
to take place. Casey's birth mother
had to appear on Friday to tell 3rd
District Magistrate James Morfitt she
wants the Swensons to adopt Casey.
"The worth of Casey' s life is infinite
to us," Swenson said this week. "We'd
do it all again in a second. I wouldn't
even hesitate."
The Swensons also are parents to
15-month-old Anna Lee, whom they
also adopted. It was from Casey that
the couple said they mustered the
courage to adopt again.
"We had prayed about it a lot," Mrs.
Swenson said. "We believed Casey
would stay with us no matter what."
With Casey's ordeal behind them,
the Swensons plan to continue to work
for reform ofthe Indian Child Welfare
Act at the national level.
"We would like to see adoption
laws changed so they protect the child
and not the birth parents," Mrs.
Swenson said.
The couple has tried to settle into
the security that Casey will stay with
them. But they still worry sometimes.
"After living with that so long, it
becomes a way of life," Swenson said.
"I don't know how long it will take.
We're always going to be looking
over our shoulder."
The Swensons' personal future is
somewhat uncertain. They will sell
all their dairy equipment at a March
2 auction. They sold their dairy
Thursday. Swenson will help farm 61
acres that his father owns, but he also
is looking for full-time work.
They hope the proceeds from the
auction will allow them to pay the
nearly $100,000 they owe to family,
friends and banks who helped them
pay legal expenses in connection with
Casey's adoption.
"We feel like we still have the most
important thing of all," Swenson said.
"That's our precious family. That's
all that matters."
Pequot Lakes School Board votes to get rid of mascot
his attorneys felt there was a good
chance he would be executed for bis   3DVinQ Cont'd On 3
nrimoc '     ^ **
crimes.
PEQUOT LAKES, Minn. (AP) _
Students, teachers and community
residents are looking for a new
mascot, after the school board
decided to get rid of the school's
Indian mascot.
The Pequot Lakes School Board
voted 6-1 Monday to change the
mascot.
Among reasons cited fori the
change were improving school spirit
by having a mascot that did not
offend some people, and respecting
American Indians and their culture.
Since last fall, a task force and the
school's student council have
studied the issue. Both
recommended changing the mascot.
"Everybody had a chance to air
their views," said Brad Wallace,
school board chair. "I think people
need to understand that we are not
changing because we have to; we
are changing because it is the right
thing to do."
Since 1988, the Minnesota Board
of Education has encouraged schools
to eliminate the use of Indian logos,
mascots and symbols.