Native American Press / Ojibwe News (Bemidji, Minnesota), 1996-03-08

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Trial of Century' to resume March 11
By Gary Blair
The trial of the century is now
underway in Indian county. On
March 4, 1996, the Federal
Courthouse in St. Paul, Minnesota
was filled with Indians either for or
against three of their own who stand
accused of stealing tribal funds. The
trial is expected to last three to five
weeks.
However, the litigation was stopped
on Tuesday when one of defendants,
Daniel Brown, was hospitalized with
coronary heart failure. Brown was
wheeled into the courtroom on
Monday by a female companion and
showed signs of discomfort during the
initial phase of the trial. He slept
sitting in his wheelchair for much of
the judge's questioning of the
prospective jurors.
The case involves a 3 8-count felony
indictment against three members of
the Leech Lake Reservation. They
include Tribal Council Chairman,
Alfred "Tig" Pemberton, Tribal
Council Secretary Treasurer Daniel
Brown, and tribal enrollee and former
reservation attorney, state senator
Harold "Skip" Finn.
Last Wednesday, defense and
prosecution attorneys met with the
judge to try and determine when the
trial would resume. Brown was still
in the University of Minnesota
hospital on Wednesday evening and
is reportedly improving, but having
difficulty breathing. The trial is now
scheduled to restart Monday, March
11. A protest rally against the indicted
officials is also scheduled for 1 p.m.
on that date..
Other reports say Brown's
condition could worsen, making it
impossible for him to return to court.
If that happens, the trial could be
postponed or the judge could order
the trial to continue without him.
The trio was charged for an
insurance scam headed by Finn, and
approved by Pemberton and Brown
which bilked the Leech Lake people
out of more than a million dollars.
Trial cont'd on 3
Finn federal fraud trial delayed again/ pg 1
Red Lake man jailed after not guilty verdict/ pg 1
Text of Govt's Finngate Trial Brief/ pg 2
MN Indian Country 'Trial of Century'/ pg 1
Carlson's reps, Indians agree to meet/ pg 1
Voice ofthe people
^
Red Lake man jailed, sentenced after not
guilty jury verdict
By Jeff Armstrong
A Red Lake ordinance allowing,
tribal judges to overturn jury verdicts
will face its first constitutional test in
a federal court's response to a habeas
corpus petition by Ronald Smith.
Smith was found not guilty of
marijuana possession Jan. 25 by five
of six Red Lake jurors. But Chief
Magistrate Wanda Lyons, citing 3
Red Lake ordinance passed just two
weeks earlier, overturned the verdict
and remanded Smith to the reservation
jail, where he is currently serving a
150 day sentence.
A petition of Habeas Corpus from a
prisoner requires a federal court to
rule on whether that detention is in
violation of the petitioner's
constitutional or legal rights.
Passed Jan. 9 by a nearly unanimous
vote of the tribal council, Red Lake
Ordinance 407.115 stipulates that "the
judge in a criminal case may render a
verdict contrary to that reached by the
jury." Although a jury determination
of guilt still requires such a finding by
"all the jurors except one," the
presiding judge could arbitrarily, and
without explanation, set aside a guilty
or not guilty verdict.
Smith's brief for Habeas Corpus
asserts that the law renders the jury
process irrelevant. "The Tribe, by
enacting Section 407.115, has clearly
taken the position that its members
are not entitled to a jury trial in
criminal cases," states the brief
prepared by Minnetonka attorney
Richard Meshbesher. The attornej
argues that the law is contrary to "the
fourth and six amendments to the
U.S. Constitution, as well as a
violation of the Indian Civil Rights
Jail cont'd on 3
Finn federal fraud trial to resume Monday
ST. PAUL (AP)- The federal fraud
trial of state Sen. Harold "Skip" Finn
is scheduled to resume next week,
after a delay caused by a co-
defendant's health problems.
Daniel Brown, secretary-treasurer
ofthe Leech Lake Band of Chippewa,
is expected to be in court when the
trial resumes at 9 a.m. Monday,
according to Karen Bailey ofthe U.S.
Attorney's office.
Jury selection began last Monday
but was suspended because of Brown's
health.
Finn, Brown and band chairman
Alfred "Tig" Pemberton are accused
in a federal indictment of plotting with
others to steal nearly $1 million from
the Leech Lake Band of Chippewa.
The indictments stem from a private
firm Finn established in 1985 to
provide insurance coverage of the
Leech Lake Band.
Skip Finn: Local hero or federal offender?
By Molly Guthrey
Jan. 8, 1991, was a day of sharp
contrast for Harold "Skip" Finn. He
reached a personal and historic
milestone when he was sworn in as a
state senator, the first American
Indian in Minnesota elected to that
position.
But moments after the ceremony,
the Cass Lake attorney and member
ofthe Leech Lake Band of Chippewa
was served with a federal grand jury
subpoena. It was the DFLer's start
down a long road battling government
charges that he and others embezzled
a substantial amount of money from
his tribe in an insurance fraud scheme.
"I went from the highest point of my
life to the lowest point of my life in
about 10 seconds," Finn said last
week, fighting tears during an
emotional interview at his Senate
office.
Five years later, Finn's trial is
scheduled to begin today with jury
selection in U.S. District Court in St.
Paul before Judge Michael Davis.
Finn, 47, has been charged with
conspiracy, theft, bribery, mail fraud,
money laundering and impeding a
grand jury's investigation. Also
charged with conspiracy, mail fraud
and lying to federal investigators are
Alfred Pemberton, chairman of the
Leech Lake Band, and Daniel Brown,
the band's secretary-treasurer.
The three defendants operated
Reservation Risk Management Inc.,
a private company Finn set up a decade
ago to provide insurance coverage for
tribal band members. They are accused
of stealing more than $1 million in
insurance premiums and converting
the money for their personal use.
The allegations against Finn may be
the most serious criminal charges ever
levied against a sitting legislator. A
conviction could derail his political
career. An acquittal might preserve
it, and also trigger more public
criticism against federal prosecutors
just weeks after another high-profile
white collar crime defendant, Dr. John
Najarian, was found not guilty of
similar charges.
U.S. Attorney David Lillehaug
declined last week to comment on the
Finn case. Finn, whose district is in
north-central Minnesota, denies he
did anything wrong.
Finn had previously agreed to plead
guilty to one misdemeanor count of
misapplying tribal money, but
withdrew that plea about a year ago
when it became clear he would face
jail time. Federal authorities then went
back to the grand jury to press for the
more serious charges, which carry
maximum sentences of up to 10 years.
Finn sought protection from federal
prosecution by invoking sovereign
immunity, but a federal magistrate
rejected the argument in October. The
trial is scheduled to last about a month.
Finn cont'd on 6
Tribe, state prepare to renegotiate compacts
MADISON, Wis. (AP) _ The
renegotiating of gaming contracts
already is on the minds of state and
tribal leaders even though the state's
agreements with Wisconsin's 11
Indian tribes don't begin to expire for
two years.
The talks could change the amount
of gambling in Wisconsin and alter
relationships between tribes, the state
and neighboring communities, said
Kevin Keane, Gov. Tommy
Thompson's spokesman.
Thompson will insist that the tribes
share gambling revenues with
neighboring governments to cover
casino-related costs, Keane said.
"That' s a high priority," Keane said.
"One of the first concerns from the
state's point of view is making sure
our costs for having casinos on
reservations are met."
The process of renegotiating the
seven-year compacts that spell out
the conditions under which tribes run
gaming operations should begin soon,
Keane said. The existing compacts,
which expire in 1998 and 1999, allow
the tribes to operate blackjack, video
gambling and pull-tab games.
A compact between the state and
the Oneida Indian Tribe, which
operates a casino in Brown County,
expires Nov. 8,1998. Should the state
seek more money from the tribe,
Oneida leaders will want to discuss
the rationale, said William Gollnick,
the Oneida's director of legislative
affairs. »
Compacts cont'd on 3
Thompson's spokesman. Keane said. The existing compacts, >
Carlson's reps, Indians agree to meet after session
St. Cloud. Among issues expected to be
ST. PAUL (AP) _ Representatives
of Gov. Arne Carlson and
Minnesota's Indian bands have
agreed to meet after this legislative
session to discuss casino issues,
according to Rep. Jim Knoblach, R-
St. Cloud.
Knoblach introduced a bill earlier
this legislative session requesting
the meetings. He said Thursday the
recent agreement reached between
Carlson's office and tribes mean his
legislation is no longer necessary.
Among issues expected to be
discussed are raising the minimum
age for casino gambling to 21 and
helping counties where casinos are
located deal with increased demand
for services because of the casinos,
he said.
Casino revenue may provide Cardinals with
stadium
GILA RIVER INDIAN
COMMUNITY (AP) _ Revenue from
the Gila River Indian Tribe's casions
may give Arizona Cardinals owner
Bill Bidwill what he hasn't been able
to obtain through other means _ a
domed stadium.
Tribal spokeswoman Carole
Jackson confirmed Friday that
representatives ofthe 11,500-member
tribe and the NFL franchise have
been meeting for about two months to
discuss building a stadium on a 500-
acre site near the tribe's Wild Horse
Pass Casino.
That would put the stadium across
a road from Firebird Lake Raceway,
home of auto and hydroplane
competitions. The site west of
Interstate 10 and about 25 miles south
of downtown Phoenix is about 1 1/2
miles from the tribe's other casino
just east of Interstate 10.
Jackson said the Cardinals
approached the tribe with the idea
and the tribe is "certainly interested."
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Nothing is firm, however, she added:
"We have to decide what is best for
the tribe."
A stadium could "enhance our
economic development without
depending solely upon on gaming,"
she said, adding that the combination
of a stadium, two gaming operations
and the raceway could have people
flocking to the reservation.
Cardinals owner Bill Bidwill
Stadium cont'd on 6
A weekly publication.
Copyright, Native American Praea, 1996
Dancers make their way around the arena at the 2nd An. Bemidji Indian Education Program's pow wow.
Former chiefs cancer is in colon, lymphnodes
TAHLEQUAH, Okla. (AP)-_
Doctors found inoperable cancer in
Wilma Mankiller's colon and nearby
lymph nodes, the former Cherokee
Nation chief said Monday.
Mankiller, hospitalized in Boston,
said the lymphoma is a complication
from her 1990 kidney transplant.
"While it wasn't the best possible
news, from a patient's perspective, I
feel positive," she said in announcing
her cancer-test results.
"I feel fine, but the past week
certainly has been a roller coaster
ride. My priority right now is to live,
and I intend to do just that."
Mankiller, 50, said the cancer is
inoperable because of its location and
growth into the muscle tissue.
A statement released by Mankiller
and her former press liaison, Lynn
Howard of Tahlequah, said Mankiller
would begin treatments _ probably
radiation and chemotherapy _ at
Deaconess Hospital in Boston.
Mankiller fell ill while completing
a fellowship at Dartmouth College in
Hanover, N.H.
She will remain hospitalized at
Deaconess until she is able to continue
treatment in Oklahoma, the statement
said. The diagnosis of lymphoma, a
tumor-related disease ofthe lymphatic
system, forced doctors to take her off
a medication that helps keep her body
from rejecting the transplanted
kidney.
Mankiller said she knew in 1990
that transplant patients are prone to
develop thistype oflymphoma because
of their compromised immune system.
"But you're given a set of choices
and you make the best possible
decision for the time and the place.
That's what I did," she said. "I don't
regret for a moment the course I chose
in 1990."
She asked that well-wishers not
send flowers or call her hospital room.
The former Cherokee chief, who
served from 1985 to 1995, surviveda
near-fatal car wreck in 1977 and was
diagnosed in 1980 with a muscular
disorder.
She said last summer that her health
was a factor in her decision not to seek
re-election.
Clark announces candidacy for chairman
Born and raised on the reservation
of his enrollment, Calvin Clark
announced his intention to run for
White Earth tribal chairman.
Among the goals of Clark's
candidacy are to cut tribal council
salaries and open up reservation
financial records; to expand social
service programs for elders and others;
and to increase wages for employees
of the Shooting Star Casino. The
Korean War vet also vowed to
terminate the casino's management
contract with Gaming World
International and hire new managers
to train Indian people to run the tribal
business.
Openness in tribal government is
one of Clark's immediate objectives.
For example, he said he would hold
open council meetings with published
explanations of all resolutions, loans,
and construction bids.
Clark feels that his 18 years of
schooling and 30 years in Indian
Ministry will contribute to his
leadership and policy making abilities.
Calvin and his wife Darlene are
parents of eight children.
Report:  Pequots cancelled singer's
engagement after learning of mob
LEDYARD, Conn. (AP) _ The
Foxwoods Resort Casino cancelled
the engagement of a singer it booked
after learning of his links to a
California crime family, according to
a published report.
Bobby Milano, whose real name is
Charles Caci, rehearsed at Foxwoods
but never got to perform at the two
dates he was scheduled to appear last
summer, The Day reported.
Milano, who has criminal
convictions in two states, met with
casino president G. Michael Brown
and Mashantucket Pequot tribal
chairman Richard Hayward at a Palm
Springs, Calif., golf tournament in
1994, the newspaper said, quoting
unidentified police sources. Brown is
a former organized crime prosecutor.
Milano sang at the luncheon
meeting, which was picked up by
crime surveillance, The Day quoted
its sources as saying.
After hearing that Milano had been
hired at Foxwoods, police in Palm
Springs notified Foxwoods about the
singer's organized crime associations,
said a detective with the department,
Phil Parker. Milano lives in Palm
Springs.
Milano was paid for at least two of
the nights he was supposed to perform
at Foxwoods, Parker said.
California authorities have suspected
Milano of using his singing
engagements to extend the influence of
the Milano crime family, Parker said.
Asked to comment on the report,
Bruce MacDonald, a spokesman for
the Mashantucket Pequots, said the
cancellation of Milano's contract
showed the tribe's system was
working.
"When his alleged background was
brought to our attention, he did not
perform," MacDonald said.
Milano was indicted in 1988 as part
of a crackdown on organized crime
on the West Coast which resulted in a
six-year prison sentence against
alleged crime boss Peter Milano.
Bobby Milano's California attorney,
Anthony Brooklier, told The Day that
the 1988 prosecution was a "ridiculous
case" and said Milano never did
anything wrong.
"He's a great guy and a great singer,"
Brooklier said.
Bobby Milano received a one-year
sentence after being convicted of
extortion conspiracy, The Day said.
He also has a criminal record in New
York State, where he was convicted
of two counts of robbery conspiracy,
the newspaper said.