Native American Press / Ojibwe News (Bemidji, Minnesota), 1996-06-21

              Jury begins deliberation in Wadena trial
By Gary Blair
At ten o'clock on Thursday
morning, U.S. District Court Judge
Michael J. Davis completed his final
instructions to the jury that's been
hearing the U.S. Government's
prosecution of the Darrell "Chip"
Wadena gang. After Davis'
instructions, jurors were led from the
courtroom by a bailiff to begin
deliberations.
The jury is expected to be out until
the middle of next week. Jurors will
meet only during the day and will not
deliberate during the weekend.
As the nearly six-week trial entered
its final days, gang members' facial
expressions became increasingly
solemn. Chip appeared to be the only
defendant still able to laugh. He was
laughing along with his gang's
million dollar defense team, just
before the jury left the courtroom on
Thursday. If convicted of the federal
charges, it will mark a lifelong history
of criminal activities for Wadena.
The gang members on trial with
Chip are sec/tres. Jerry Rawley and
council member Rick Clark. They're
accused of bilking the White Earth
people out of more than a million
dollars at a time when the reservation
was more than $10,000,000 in debt.
Others named in the federal
indictments were Chip's paid election
judge, Carley "Baby Doll" Jasken,
who was charged with obstruction of
justice when she allegedly shredded
voting records. Public notaries Pete
Pequette and Henry Harper who were
charged with notary fraud for
supposedly notarizing absentee
ballots of people who never voted,
including a number who were
deceased.
Pequette later entered into a plea
agreement and testified for the
prosecution. Prosecutors say Harper
will stand trial later. Rawley and
Clark were likewise charged with vote
fraud for their reportedly illegal
involvement in the 1994 reservation
election.
Apparently hoping to save himself,
Chip was the first defendant called
to the stand last week by John Brink,
the lead defense attorney. Brink
questioned "Chip" about his
childhood, his family's early life of
poverty, a situation still common on
most U.S. Indian reservations.
Wadena was asked about his
education level of 10th grade, work
history and his present family life.
Chip's testimony included remarks
Jury cont'd on 6
Jury begins deliberation in Wadena trial/ pg 1
Prosecution denounces WE officials/ pg 1
LL Coalition plans rally/ pg 6
White Earth Election protests/ pg 5
Pow Wow Trail/ pg 6
Voice of the People
1
Leech Lake coalition plans rally, forum for
change; Wadena seeks new
Change," the coalition is organizing
vote
By Jeff Armstrong
As many predicted, the 1996 MCT
elections have done little to resolve
the political crisis highlighted by
federal felony indictments and
convictions of several of the Tribe's
most powerful leaders. But it has
provided an opening for those seeking
reform.
On Leech Lake, former candidates
and grassroots activists began forming
a coalition aimed at ousting two
convicted RBC members, while
District III runner-up Dee Fairbanks
challenged victorious incumbent and
convict Myron Ellis', eligibility7 as a
candidate.
Calling itself "Tribal Members for
a June 27 gathering at the Leech Lake
pow-wow grounds to open up a
political system built on secrecy and
intimidation. "We've got two
convicted criminals on the RBC, and
the only way we're going to get rid of
them is by banding together," said
former Dist. Ill candidate Dave Hare.
Activist Warren Tibbetts, who
supported coalition organizer Lenore
Barsness in the election, said the root
of the problem is a deeply entrenched,
self-perpetuating autocracy. "The
[tribal] government has taken control
over everything. We have to show
them we're going to take back power
so our government's no longer
dictators to us," he said.
In her election appeal, Fairbanks
argued that because Ellis spent part of
the last year in federal prison, he
failed to fulfill the residency
requirement. RBC-appointed
conservation judge John Herrera is
scheduled to hear the appeal.
The MCT election ordinance
requires a candidate to "have resided
on the reservation district of his/her
candidacy" for at least 12 months
prior to the vote. For more than five
weeks of that period, Ellis was an
inhabitant of Leavenworth Federal
Penitentiary, where he served a 90
day sentence for his role in a $1.1
million insurance scam.
Fairbanks further maintained that
Ellis compounded his "blatant
Forum cont'd on 6
Native
Fifty Cents
Ojibwe
News
We Support Equal Opportunity For All People
Founded  in 1988
Volume B   Issue 36
June El, 199E
1
A weekly publication.
Copyright. Native American Press,   1996
Minnesota human rights group seeks
incidents of racism for report
Minneapolis, Minn. -- Minnesota
Advocates for Human Rights is a nonprofit, domestic and international human rights advocacy organization that
was founded in 1983. We work impartially and independently to investigate and expose human rights violations: represent human rights victims; train and assist groups that protect human rights; educate the public, polio.' makers and children; and
promote the universal acceptance of
international standards.
In that spirit, Minnesota Advocates
is endeavoring to create a report this
summer which will detail facts regarding racial discrimination in the
administration of justice in Minnesota. We need your help to assure that
we have gathered all of the relevant
information.
Minnesota Advocates is collecting
information about racial discrimination in the administration of justice
in Minnesota pursuant to the International Convention on the Elimination of All Forms of Racial Discrimination (the Race Convention).
The United States ratified the Race
Convention in 1994. The Race Convention is a powerful document which
obligates nations that agree to become
parties to it to take affirmative steps
toward eliminating both intentional
Racism cont'd on 5
Ex-chairWadena appeals forsecond chance
to steal White Earth election
Over 375 dancers turned out for this year's 128th Annual White Earth pow wow. (above) Fancy shawl
dancers make their way around the arena during one of the grand entries. photo by jco.
Wellstone and colleagues defeat changes
tO ICWA      Hearing on amendments to ICWA on June 26, 1996.
By Gary Blair
Tribal council chairman of the
White Earth reservation Darrell
"Chip" Wadena has filed an election
protest after losing his seat on June
11, 1996, to Eugene "Bugger"
McArthur. Thirteen other candidates
who ran in the same election have
filed similar complaints. Reported
election results indicate that Wadena
was out-polled by 170 votes.
News Night Minnesota reporter
Ken Stone, of Channel 2 television
in St. Paul,'says Chip now claims that
he has 190 absentee votes never
counted in this year's election.
Stone's Tuesday'evening report
included the following comment:
"Don't count Wadena out yet."
The twenty-year incumbent's
protest comes only days before a
federal jury in St. Paul, Minnesota
prepares to deliberate on the Wadena
gang's felony corruption charges.
The indictments against the gang
stem from the construction of the
reservation's Shooting Star Casino in
Mahnomen and the misappropriation
of more than one million dollars of
the reservation's money.
Also charged in addition with mail
fraud are council members, Sec/tres.,
Jerry Rawley and Rick Clark. Others
charged in the 44 count indictment
were Chip's paid election judge.
Carley "Baby Doll" Jasken, who was
charged with obstruction of justice,
and two public notaries, Peter
Pequette and Henry Harper, who were
charged with notary fraud.
Pequette later entered into a plea
agreement and testified against the
other gang members. Harper is
scheduled to be tried later.
Chip's grounds for the protest,
dated June 15, 1996, include
violations of the Minnesota Chippewa
Tribe's election ordinance # 5,
pertaining to the handling of absentee
ballot requests. The complaint reads:
Appeal cont'd on 3
Washington, DC _ Senator Paul
Wellstone (D-MN) Wednesday joined
colleagues on the Senate Committee
on Indian Affairs in defeating controversial changes to the Indian Child
Welfare Act (ICWA) that were contained in the House passed H.R 3286,
"The Adoption Promotion and Stability Act." Title III at H.R. 3286 was
rejected by a majority of the Senate
Committee at a mark-up Wednesday
morning. The Senate Committee on
Indian Affairs will hold a hearing on
amendments to ICWA on June 26,
1996.
"The House provision thoroughly
undermined ICWA by allowing State
courts, instead of tribal courts with
their specialized expertise, to make
final judgements on behalf of tribal
members. I applaud its defeat," Wellstone said. "The Committee hearing
on June 26 will give tribes the opportunity to have input in improving
ICWA, which has been a largely successful vehicle for protecting the interests of Indian tribal governments,
Indian families, and most importantly, Indian children."
Fond du Lac to join Mille Lacs trial
State Patrol to enforce traffic laws on White
Earth despite judge's ruling
MAHNOMEN, Minn. (AP)~
Speeders will continue to be pulled
over on the White Earth. Indian
Reservation even though a judge has
ruled the state lacks jurisdiction to
make the citations, the Minnesota
State Patrol said.
"We are enforcing the law in the
same manner as we did before," Capt.
Pete Gibson, commander of the State
Patrol's Detroit Lakes district, said
Thursday. "We're in the business of
traffic safety for all people in
Minnesota, not just in certain areas."
The Mahnomen County attorney has
asked the Minnesota attorney general's
office for guidance on the matter.
"We feel it's a statewide issue on all
Indian reservations," Gibson said.
Barbara Nelson-Agnew, public
relations representative for the White
Earth Tribal Council, said tribal
officials also will support enforcement
of traffic laws while the issue is
appealed.
Patrol cont'd on 6
ST. PAUL, Minn. (AP) _ The Fond
du Lac band of Chippewa can join
other Minnesota and Wisconsin bands
in a trial over Indian hunting and
fishing rights, a federal judge has
decided.
Lawyers for Minnesota's Mille Lacs
band and six Wisconsin bands
objected to adding the Fond du Lac,
saying the action could delay the U.S.
District Court trial.
Judge Michael Davis ruled this
week, however, that the case involves
common issues whose importance
outweighs the delay factor.
The Wisconsin bands won a federal
court decision in 1983 that 19th
century    land-cession    treaties
guaranteed off-reservation fishing,
hunting, trapping and grain-
harvesting on public property in the
northern one-third of Wisconsin.
Davis' ruling delays the second
phase of the Minnesota trial, which
could determine how much fish and
gametheeightbandscantakeina 12-
county eastern Minnesota area.
The territory includes Lake Mille
Lacs, considered the state's best lake
for walleye fishing.
The Minnesota attorney general's
office opposes the bands' argument
that they can hunt and fish under
their own rules.
Davis's ruling "is good news
because that means there will be one
set of rules to govern treaty harvest in
the ceded territory," assistant attorney
general William Szotkowski said.
A federal judge ruled in 1994 that
the Mille Lacs had special hunting
and fishing rights under an 1837treaty
in the ceded territory. Since then,
other bands have laid similar claims
to the area.
In March, Davis ruled the
Wisconsin Chippewa had privileges
in the territory because they signed
the same treaty.
Also in March, the Fond du Lac
band won a court decision reaffirming
its right to hunt and fish in the territory
and in the Arrowhead region of
northeastern Minnesota.
Prosecutor denounces White Earth officials
But defense says they deserved money for creating jobs
Second trial set for Russell Hawkins in
surplus equipment case
By Pat Doyle
Minneapolis Star Tribune Staff Writer
Assailing "the use of the ballot box
to control the cash box," a federal
prosecutor on Wednesday urged a jury
to convict White Earth tribal officials
of corruption he said stretched from
elections to casino profits.
"Lying, cheating, stealing - not only
of money... but of a sacred right held
by all American citizens: the right to
vote," Assistant U.S. Attorney Jerry
Wilhelm said.
"Hundreds of thousands of dollars
went into the pockets of these men...
for toys," Wilhelm said, referring to
snowmobiles, trucks, all-terrain vehicles and a Cadillac they bought with
tribal funds.
But defense attorneys told jurors
the officials deserved the money for
creating 1,000 casino jobs on an impoverished reservation in northwestern Minnesota when past attempts to
improve the economy failed.
"They built the [casino], did it well
and did it a year early," said John
Brink, lawyer for Tribal Chairman
Darrell (Chip) Wadena. They took on
this enormous project This money
was earned."
And lawyers for the three other
tribal officials on trial accused the
government of ignoring customs on
Indian reservations and being manipulated by a faction of White Earth
members trying to oust tribal leaders.
A virtual who's-who of White
Earth dissidents - including Clyde
and Vernon Bellecourt, Erma Vizenor
and Marvin Manypenny - listened
intently to closing arguments
Wednesday in U.S. District Court in
St. Paul.
Wadena, Secretary-Treasurer Jerry
Rawley and Tribal Council Member
Rick Clark are charged with conspiracy, bribery, theft, embezzlement
and money laundering. Wadena and
Clark also are charged with mail
Officials cont'd on 3
SIOUX FALLS, S.D. (AP) _ U.S.
District Judge Lawrence Piersol has
set Aug. 13 for the start of a second
conspiracy trial for Russell Hawkins,
former chairman of the Sisseton-
Wahpeton Sioux Tribe.
Last June, a federal jury found
Hawkins guilty of plotting to lie to a
government agency and steal from
the Seminole Tribe of Florida. The
charges stemmed from a scheme to
illegally resell surplus government
equipment obtained for Indian tribes.
In August, Piersol ordered a new
trialfor Hawkins, saying a U.S.
Supreme Court decision several weeks
after Hawkins' conviction required
the reversal. The 8th U.S. Circuit
Court of Appeals upheld Piersol's
ruling last month.
Hawkins was ousted after his
conviction as chairman of the 10,000-
member tribe.
Roger Raether, a Twin Brooks
businessman, will stand trial with
Hawkins.
In a one-hour court hearing
Monday, Piersol ruled on several
motions, denying motions to dismiss
and to sever the cases of the two
defendants, among others, said John
Ulrich, assistant U.S. attorney.
The deadline for a plea agreement
is Tuesday, but Ulrich said he was not
aware of any plea bargain. "It doesn't
appear that way," he said when asked
if there would be a plea agreement. "I
don't know of anything that's
pending."
Jim McMahon, Hawkins' lawyer,
said not much has changed since the
1995 trial. "I think the issues are
pretty much the same as they were the
last time."
A year ago, the U.S. Supreme Court
ruled that juries, not judges, must
decide whether false statements to
the government are material. The
ruling means the jury must ponder
whether the statements could have
influenced a government agency's
decisions, not just whether they were
true or false.
Piersol, following an earlier appeals
court ruling, had decided that question
for the jury, telling jurors statements
made by Raether, a Hawkins associate,
were material.
McMahon wouldn't comment
Monday when asked if the U.S.
Supreme Court decision helps his
case. The court set aside eight days
for the trial.