Native American Press / Ojibwe News (Bemidji, Minnesota), 1996-04-12

              Leech Lake leaders guilty of conspiracy
After a week of deliberation, a federal
jury found Leech Lake chairman
Alfred "Tig" Pemberton, secretary
treasurer Daniel Brown, and state
senator Harold "Skip"' Finn guilty on
16 felony counts of conspiring to
defraud the reservation of more than
$1 million throughaphony insurance
fund.
Finn, the former owner and president
ofReservation RiskManagement, was
found guilty on 12 counts of
conspiracy, misapplication of tribal
and federal funds, and mail fraud.
Pemberton was convicted of one count
each of conspiracy, misapplication of
tribal funds, and theft concerning a
program receiving federal funds.
Brown was found to have violated
federal conspiracy laws.
Judge Michael Davis released the
three on bond on condition they
receive no property, funds, or other
compensation from the band. Brown
and Pemberton, who previously
controlled all Leech Lake funds, were
also barred from signing checks on
reservation accounts. Finn was
ordered to have no contact with his
co-conspirators.
The prosecution had argued for
detaining the men prior to sentencing
in 8-10 weeks, in light of their power
to further their corrupt activities, as
well as their reimbursement of fellow
RBC member Myron Ellis for the fine
he incurred after pleading guilty to a
related offense.
AstatementfromtheU.S. Attorney's
Office said, "Finn, Pemberton, and
Brown face a maximum potential
penalty of five years in prison and/or
a $250,000 fine." Davis denied a
motion requiring the convicts to forfeit
assets up to the amount they were
found guilty of embezzling, but the
prosecution is expected to seek
restitution.
Jury in Finngate finds defendants guilty/ pg 1
WE case used as pretext to argue immunity/ pg 1
Ind. Law conference identifies several threats/ pg 1
Judge Kyle dismisses mandamus suits/ pg 1
New Mille Lacs Indian Museum opens/ pg 1
Voice ofthe People
i
MCT CANDIDATE
ANNOUNCEMENTS
See Page 5
White Earth treaty case used as pretext to
argue immunity for indicted officials
By Jeff Armstrong
In what the U.S. Attorney's office
describes somewhat charitably as a
"contorted analysis" of federal
jurisdictional law, an attorney for a
White Earth man charged with
violating a U.S. ban on airborne
hunting submitted a brief contesting
the law's applicability on the
reservation.
But what should have been an
important assertion of sovereignty
over reservation airspace and hunting
appears to have been hijacked by
indicted White Earth officials, who
have used the case as a vehicle to
renew their challenge to federal
jurisdiction over crimes related to
embezzlement and election fraud.
White Earth conservation officer
John Stone was indicted Feb. 9 along
with two non-members in connection
with the May 11,1995 incident. The
three are accused of using a small
aircraft to chase a moose on Highway
5 9 north ofMahnomen into the sights
of a band of hunters, including tribal
council member Paul (Poncho)
Williams and White Earth
conservation director Ed Miller.
Although the hunters were not
charged for shooting the moose,
federal charges were brought against
Stone, who rode in the plane; Enrique
Vasquez, who piloted the aircraft;
and Roger Oberg, who owns the
Cessna 150, but was not present at
the scene. Vasquez and Stone were
employed by the Reservation Business
Committee to assist in an RBC-
sanctioned hunt to obtain a moose for
White Earth's June pow-wow.
Vasquez's attorney, Paul Engh, said
the Detroit Lakes man had every
reason to believe the hunt was legal,
and that the government has
misdirected its case. "You'd think
they'd be charging the guys that shot
the moose," said Engh, noting that
Vasquez was accompanied by two
reservation game wardens.
Vasquez said he was hired jointly by
the Detroit Lakes airport management
and the tribal council, which chartered
the plane for what Vasquez believed
was a routine flight. Although he says
Case cont'd on 3
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Indian Law conference identifies several
threats to sovereignty, gaming
By Robert Fairbanks
-ALBUQUERQUE, NM-Over 500
lawyers and Native American tribal
officials gathered here April 11 for
the 21st Annual Federal Bar
Association Indian Law Conference.
During the two-day conference,
participants will discuss
environmental protection of Indian
lands, development of tribal courts,
recent legislative changes and attacks
on Indian gaming.
According to conference chairman
Lawrence Baca, this conference is
historically significant because of
rapidly changing public policy in the
area of Native American affairs.
Briefly discussing recent court cases
in his opening remarks, Baca said,
"The Supreme Court is going in new
directions."
JoAnn Chase, executive director of
the National Congress of American
Indians, indicated that similar, more
immediate changes are occurring in
Congress. Speakingto alargely Native
American audience, she said, "Amid
much controversy and chaos, there
are major attacks on Indian program
budgets in Congress." Moreover, she
added, "there are moves to
substantially revise the Bureau of
Indian Affairs and sharply decrease
its budget."
Chase also noted that, in addition to
conservative fiscal forces, some
members of Congress are avidly anti-
Native American. She specifically
targeted Senator Slade Gorton (R-
Wash), who, she said, "hates Indians."
Gorton received Chase's wratti \
because of his stance on Native
American sovereignty, Indian gaming
and tribal power over non-Indians.
Law cont'd on 3
Judge Kyle dismisses mandamus suits
against BIA without prejudice
When the new Mille Lacs Indian Museum opens in Onamia, MN in May, it will represent years of planning
and will be the most significant museum in the country to focus on the Mille Lacs Band of Ojibwe's history and
contemporary life. The impressive new structure (shown) will be located in the heart of a community where
the Band has lived for centuries.
New Mille Lacs Indian Museum opens
By Jeff Armstrong
The United States government has
neither the trust obligation nor the
legal authority to guarantee free
elections in the Minnesota Chippewa
Tribe, accordingtoU.S. District Judge
Richard Kyle.
In his April 9 ruling, Kyle dismissed
federal lawsuits against the Interior
Department by disaffected members
of the White Earth and Leech Lake
reservations seeking the ouster of
indicted tribal officials. The plaintiffs
had requested installation of an
interim leader to restore fiscal integrity
and oversee tribal elections scheduled
for June.
"Indeed, Plaintiffs do not simply
request a new election, which would
by itself pose very serious sovereignty
issues, but seek pervasive federal
government oversight of the Bands'
essential governmental functions. A
more invasive action could hardly be
imagined," Kyle wrote in his decision.
While prescribing remedies
nominally available under the
Minnesota    Chippewa    Tribe's
constitution, Judge Kyle ruled that
the federal court lacks jurisdiction to
interpret the MCT constitution or to
enforce its provisions. Kyle argued
that tribal members have recourse to
recall petitions, election appeals, and
the ballot box to achieve their
objectives, and the judge ruled that
the federal government could not
intercede unless those means have
been exhausted.
Judge Kyle, however, determined
that in a case where members did
attemptunsuccessfullytopursue tribal
means, that effort simply proved the
availability of an internal process.
"Plaintiffs contend that if a trustee is
not appointed to oversee the upcoming
elections, and 'if the same individuals
are left in charge, they will perpetrate
the same fraud.' Yet it is clear from
the Vizenor Complaint that a system
does exist that allows tribal elections
to be challenged. In 1994, the White
Earth election results were
challenged-a special election review
board was convened, and the matter
was apparently appealed to the Court
of Appeals for the Minnesota
Chippewa Tribe."
Although the 1994 election appeal
produced evidence of massive fraud-
-including at least a dozen ballots cast
in the names of deceased White Earth
members-two judges hand-picked by
the tribal government upheld the
results. Fraud and conspiracy counts
stemming from that "election" are
among the charges faced by two tribal
council members, including secretary
treasurer Jerry Rawley, and three
employees, including election board
chair Carley Jasken, who reportedly
still holds that position.
Also under federal indictment are
White Earth chair Darrell Wadena,
tribal council representative Jim
Clark, and MCT members Henry
Harper and Peter Peqette. The White
Earth officials' trial is set for April 29.
After seven days of deliberations in
the Leech Lake leadership trial,
Chairman Alfred Pemberton,
secretary treasurer Dan Brown, and
former tribal attorney Harold Finn
stand accused of funneling more than
$1 million in reservation funds to
themselves through a fictitious
insurance company.
When the new Mille Lacs Indian
Museum opens in Onamia, MN in
May, it will represent years of
planning and will be the most
significant museum in the country to
focus on the Mille Lacs Band of
Ojibwe's history and contemporary
life. The impressive new structure
will be located in the heart of a
community where the Band has lived
for centuries.
visitors can explore the culture of
the Band through interactive exhibits,
craft demonstrations and special
programs when the 22,810-square-
foot museum opens May 18. The site,
on the shore of Lake Mille Lacs, also
feature a trading post restored to its
1930's appearance. Here, visitors will
find Native American gifts from
Mille Lacs artisans and their
counterparts across the country.
"The museum represents the
fruition of a unique partnership, a
partnership built upon our long
relationship with the Band," said
Nina Archabal, director of the
Minnesota Historical Society. "Along
the way, we've had the help of federal
and state agencies, private
individuals and foundations."
The Society, in close contact with
the Band, has operated a museum on
the site for more than 30 years. After
decades of use, the original cinder
block building was closed in 1992 so
the new museum could take its place.
"We are delighted that the state of
Minnesota and the Society are
committed to building a splendid new
museum to tell our stories," said
Marge Anderson, chief executive of
the Band. "Like the new building, the
Band's relationship with the Society
is built on a strong foundation of
trust."
Museum cont'd on 5
Native languages group opposes making
English official language
Judge refuses to dismiss Wisconsin band's
treaty rights claims
ONAMIA, Minn. (AP) _ The
movement in Congress to declare
English the official language of the
United States is part of an attempt by
white men to preserve their
dominance, a speaker at a native
languages conference said.
Joan Webkamigad, co-founder of
the Native American Language
Institute, said 22 English-only
provisions were included in bills
before Congress this past year.
That movement represents a power
grab by white males who want to
remain in power in a nation where
they will eventually become a
minority, she said Saturday at a
conference hosted by the Mille Lacs
Band of Ojibwe.
Webkamigad's institute works to
preserve native languages and
cultures. Before adjourning its annual
meeting, held this year on the Mille
Lacs reservation, members changed
its name to the International Native
Language Institute and passed a
resolution against the English-only
movement.
The bills before Congress have been
directed mostly at immigrants.
However, Webkamigad said, some of
the legislation is vague and could be
interpreted to affect Indian tribes.
Native Hawaiians saw a sharp
decline in their language when they
joined the United States, said Bill
Wilson, a language professor at the
University of Hawaii in Hilo, who
attended the conference.
"Hawaiian was spoken by almost
everyone before we decided to become
part ofthe United States, but the U.S.
laws (used to) forbid us to speak our
language in our schools and in our
government. Now there are many
generations of Hawaiians that can't
speak their native language."
By Amy Kuebelbeck
ST. PAUL, Minn. (AP) _ Six
Wisconsin bands of Chippewa Indians
could get a share ofMinnesota's game
and fish because a judge refused to
dismiss claims they filed concerning
the Mille Lacs band's treaty rights
case.
U.S. District Judge Michael Davis
upheld a ruling by U.S. Magistrate
Judge Jonathan Lebedoff.
Attorneys for the state ofMinnesota
had appealed, contending the
Wisconsin bands have a different
record of treaties and claims
settlements than the Minnesota band.
In a ruling dated last Friday, Davis
wrote that some of the state's
arguments "bear further analysis, as
they are dependent upon the unique
history ofthe Wisconsin bands."
But Davis said it's also clear that
many prior rulings in the Mille Lacs
case apply equally to the Wisconsin
bands because all of them signed an
1837 treaty with the federal
government.
A 1994 court ruling held that the
Mille Lacs band's special hunting,
fishing and gathering rights under
the 1837treaty are still valid. Asecond
phase of the trial, tentatively
scheduled to begin in September, will
determine how to divide the game
and fish resources in the area covered
by the treaty.
Under the treaty, the seven bands
agreed to cede land in what is now
east-central Minnesota and northern
Wisconsin to the federal government
in return for the continued right to
hunt, fish and gather food there.
The bands that are allowed to
intervene are the Bad River Band of
Lake Superior Chippewa Indians, the
St. Croix Chippewa Indians of
Wisconsin, the Lac Courte Oreilles
Band of Lake Superior Chippewa
Indians, the Red Cliff Band of Lake
Superior Chippewa Indians, the
Sokaogon Chippewa Indian
Community and the Lac du Flambeau
Band of Lake Superior Chippewa
Indians.
Confession ends 1980 murder mystery;
tribe blames delay on racism
By Joe Kafka
MOBRIDGE, S.D. (AP) _ For 15
years, ever since the decaying body of
Candace Rough Surface turned up in
an evaporating bay, her family and
tribe wondered who killed her and
why.
Now, a Wisconsin man _ betrayed
duringabitterdivorce_has confessed
to helping his cousin beat, rape and
fatally shoottheyoung Standing Rock
Sioux woman. The cousin has denied
any part in the crime.
Far from bringing peace to Rough
Surface's friends and relatives, the
news instead has angered those who
think racism explains why it took so
long to solve the mystery. Both
suspects are white.
"I'm not for widening the gap
between Indians and whites," said
Mark White Bull, a Standing Rock
tribe member. "I'm for bridging it.
But we want justice for Candi."
The 18-year-old woman
disappeared Aug. 2,1980, on a trip to
Mobridge, across the Missouri River
from the Standing Rock Sioux Indian
Reservation where she lived.
After three days, her mother
reported her missing. No trace of her
was found until nine months later,
when the river level dropped and a
rancher came across the nearly
skeletal remains. -She had been shot
five times.
The mystery went unsolved until
last fall, when a relative of James E.
Stroh II tipped police that Stroh was
involved.
Stroh, of Eagle River, Wis., had
Murder cont'd on 3