Native American Press / Ojibwe News (Bemidji, Minnesota), 2003-02-21

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
We got scammed
page 4
What did Eli's crew do
about the "native
mob"?
page 4
Rep. Erickson,
House pass Profile
of Learning repeal
page 4
Magazine distorts
tribal casinos, Time
Magazine rehashes
old news
page 4
Commentary
Did tribal PACs
purchase
political disfavor
in 2002?
page 4
MN Tribal PAC contributions $721,136 for 2002
state elections
$141,041 contributed during last 2 weeks
by Bill Lawrence
According to the final election
year 2002 reports which were required to be fded with the Campaign Finance and Pubhc Disclosure Board by January 31,2003,
Minnesota Indian Political Action
Committee's (PACs) contributed
$721,136 to legislative candidates and political party units of
their choice during the 2001/
2002 biennium. Of that amount
$ 121,545 was contributed in
2001 and $599,691 in 2002. Interestingly, ofthe amount contributed in 2002, $141,041 was paid
out during the last two weeks of
the campaign.
Using the figures filed by the
tribal PACs, Minnesota tribes'
campaign donations for the 2002
campaign included: $193,832
from Mille Lacs, $160,030 from
Shakopee, $168,724 from Prairie
Island, $107,100 from Fond du
Lac, $82,900 from Lower Sioux,
$7,550 from Bois Forte and
$ 1,000 from Leech Lake.
These PAC contributions fded
with the Campaign Finance and
Public Disclosure Board do not
include contributions that were
funneled through law firms, and
they also do not include independent expenditures.
Follow the Money donor list:
Tribe PAC Money Top 50-Follow the Money H
2001-2002 Biennium Minnesota Legislature-as of 12/31/02
TRIBAL PAC GAMING INFLUENCE AT THE MN CAPITOL
(170 total on list through 12/31/02 with the Top 86 donated a minimum of
$1000).
1.
DFL House Caucus
$181,900
27.
Johnson, Dean DFL 13
$1500
2.
DFL State Central Comm.
$144,550
28.
PughTomDFL39A
$1500
3.
Senate Majority Caucus DFL
$122,800
29.
Senate District 22 DFL
$1500
4.
House Republican Caucus
$41,650
30.
Larson Dan DFL 63B
$1500
5.
MN Republican State Party
$25,000
31.
Mariana, Carlos DFL 65B
$1400
6.
Friends of DFL Women
$9,250
32.
Frederickson Dennis 21
$1300
7.
GOP Feminist Caucus
$9,000
33.
Berglin Linda DFL 61
$1250
8.
Mille Lacs County DFL
$5,500
34.
Evans Geri DFL 52B
$1250
9.
Moua, Mee DFL 67
$2800
35.
Higgins Linda DFL 58
$1250
10.
Senate Rep. Victory Fund
$2500
36.
KahnPhylissDFL
$1250
11.
Chaudhary, Satveer DFL 50
$2400
37.
Leighton Rob
$1250
12.
Skoe Rod DFL 2/2A
$2300
38.
Robertson Martha Ind 45
$1250
13.
Bakk,TomDFL 6/6ADFL
$2250
39.
Solon Yvonne DFL 7
$1250
14.
Cohen, Dick DFL 64 DFL
$2050
40.
Thompson Mark 45 A
$1250
15.
HottingerJohn DFL 23
$2000
41.
Scheid Linda 46
$1250
16.
Stumpf, Leroy DFL     1
$2000
42.
Senate District 44 DFL
$1250
17.
Vickerman, Jim DFL 22
$2000
43.
Entenza Matt DFL 64A
$1250
18.
Johnson, David 40 DFL
$2000
44.
Mahoney Tim DFL
$1250
19.
Pogemiller Larry DFL 59
$2000
45.
Dille Steve 20
$1200
20.
Krentz, Jane DFL 52
$1900
46.
Marquart Paul 9B
$1200
21.
Lourey, Becky DFL Sen/gov
$1750
47.
Pappas Sandy DFL 65
$1200
22.
Osskopp, JVIike R 29B
$1750
48.
Senate District 45 DFL
$1200
23.
Gray, Greg (DFL) 58B/Aud.
$1700
49.
Anderson Ellen DFL
$1200
24.
Marko, Sharon DFL 57/57B
$1550
50.
Huntley Tom 7 A
$1150
25
SkoglundWes            DFL 62
$1550
26.
Fowler, Chuck DFL 24
$1500
FOLLOW THE MONEY II to page 6
8th Circuit Court of Appeals hears arguments in
Penn banishment case
by Clara NiiSka
On July 24,1998, Maggie Penn
was banished from Standing Rock
reservation on an ex parte order
signed by tribal court associate
judge Isaac Dog Eagle. Dog Eagle
issued the banishment order based
on allegations made by Standing
Rock enrollee Faith Taken Alive.
Penn was not notified ofthe banishment proceedings until she was
served the order of banishment.
The banishment order was served
on Penn while she was at work at
the Tender Hearts battered
women's shelter- a non-profit organization located on fee-patent
land - by BIA police captain Don
Vettleson and Sioux County Sheriff
Frank Landeis. According to court
records, Landes-told Penn that he
would arrest her if she did not comply with the banishment order.
Landeis and Vetdeson accompanied Penn to her home, a house she
rented from a non-Indian rancher,
on fee patent land. Penn packed a
few of her belongings and her cat
into her vehicle. The BIA and
county law enforcement officers
then escorted Penn to the reservation line.
Maggie Perm's ancestry includes
one-eighth Turtle Mountain Indian,
but she is legally non-Indian and
not eligible for enrollment in any
federally recognized tribe. After
graduating from law school and
working for several non-profit legal
aid clinics, Penn took a position as
a tribal prosecutor on the Standing
Rock reservation in Selfridge,
North Dakota. She was fired in
1996, according to Penn for disregarding the unwritten "do not prosecute" rules protecting certain
members ofthe reservation tribal
establishment. As Press/ON reported in a February 19,1999 article, Penn brought charges against
tribal court chief judge Mike Swallow for unethical conduct in May
1996. Three months later, Penn
was fired by Swallow, and in September 1997 she sued in tribal
court. Perm's lawsuit against the
tribe was "the only accurate"
grounds for her banishment, according to Penn's lawyer, Randy
Thompson of St. Paul.
The banishment petition also included the false allegations that
Penn had a gun. According to testimony, Vettleson and Landeis, knew
that those allegations were false,
and asked Dog Eagle about the validity of an ex parte order based on
inaccurate information. Dog Eagle
reportedly told Vetdeson to "go
ahead and serve" the banishment
order anyway.
Penn sued the tribe. After Penn
filed the lawsuit, the tribe vacated
the banishment, and his order dated
January 27,1999, U.S. District
Court Judge Patrick Comney ruled
that Penn's "Petition for the Writ of
Habeas Corpus is now dismissed as
Ombudsman
offices and Indian
Housing take it
on the chin in
Guv's '04-'05
budget
By Dave Boswell
Among the many casualties in
the recently announced Governor
Tim Pawlenty's budget for the
next two years was the following:
Elimination of the Office of the
Ombudsman for Corrections
serving Indian prisoners in
county jails, prisons, and their
loved ones. By most estimates
this would mean up to 3500 Indians and their families will not
have an impartial investigator of
their claims of abuse, lack of adequate health care, and programming in the facilities.
Minnesota Housing Finance is
slated to lose 1.1 million dollars
(32.86 % of all Indian Housing
Funds) for tribal housing which
translates into 16 fewer housing
opportunities for Indians according the budget documents available on-line at http://
www.budget.state.mn.us/budget/
operating/200405/final/
housing finance.pdf
The Urban Indian Program is
slated for a 2% budget reduction
affecting Indians living in the
metropolitan areas.
EPA proposes emergency removal of
soil from Cass Lake superfund site
by John Hunter
According to a Minnesota
Chippewa Tribal (MCT) environmental official, the United States
Environmental Protection Agency
(EPA) is proposing an emergency
removal of contaminated soil at
the Superfund site in Cass Lake,
formerly owned by St. Regis Paper Company who operated a
wood-treatment facility there between 1957 and 1975.   John
Persell, MCT Water Quality Research Department director, says
the EPA is proposing an emergency soil removal assessment at
the former St. Regis Company
Superfund site. 'That means,"
says Persell, "there was soils
found out here that are an immi
nent hazard to humans."
Soil sampling completed by the
EPA in 2001 indicated levels of
dioxin, a known carcinogen,
above the established human
health exposure limits. However,
the data report summarizing the
soil samples did not analyze the
extent or nature of risk to human
health. The EPA has since requested the assistance of the
Agency for Toxic Substances and
Disease Registry, a federal health
agency, in evaluating the potential for immediate health impacts
posed by the site.
On February 13th, Leech Lake
Environmental Protection Pro-
EPA to page 7
Tribal officials continue to seek
legislative support for Urban
Entertainment,Gaming Complex
By Gary Padrta
White Earth tribal newspaper
Anishinabe Today
White Earth and Red Lake Nations continue to seek legislative
support for a proposed "Urban
Entertainment and Gaming Complex" to be located in the metropolitan area.
Each of the 11 Minnesota Indian
Reservations have been invited to
join the efforts in a hope to revive
a bill that was defeated last year
in a House committee. With the
high unemployment rates, State
deficit and more layoffs announced weekly, it is hoped lawmakers may consider the gaming
proposal during the current legislative session.
The two bands recently met with
St. Paul officials in a hope to revive a bill that was defeated last
year in a House committee.
COMPLEX to page 7
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Volume 15 Issue 37
February 21,2003
having been mooted by the cancellation ofthe offending order..."
While the federal court's dismissal
of her habeas corpus petition was
on appeal, Penn settled her federal
lawsuit against the tribe and her
long-pending lawsuit in tribal court,
then sued the United States and
several other defendants under the
Federal Tort Claims Act and several state torts. The United States
and Sioux County moved for summary dismissal "based primarily on
theories of absolute and qualified
immunity."
On March 6,2002, almost four
years after Maggie Penn was banished, the U.S. District Court ruled
on the defendants' motions for
summary dismissal. Judge
Comney, promoted to Senior District Judge, wrote in his opinion in
Margaret A. Penn v. United States
of America, et al., Case No. Al-00-
93, that: "Immunity should extend
to good faith actions taken within
the jurisdiction ofthe officer. Asa
general rule, an officer carrying out
a court order is clothed with immunity regardless ofthe idiocy ofthe
order, but there has to be a limit to
this policy. If the Tribal Court had
ordered summary execution of Ms.
Penn, surely Captain Vettleson and
the Sheriff would not have carried
out the order, although with the
constitutional sanctity ofthe home
APPEALS to page 7
photo: Clara NiiSka
Newly-elected Leech Lake chairman Pete White poses with White Earth district rep Irene Auginaush
and a constituent at the Minnesota Chippewa Tribe legislative dinner, held at the Four Points in St. Paul
on Wednesday, February 19th.
The event was sponsored by the Minnesota Chippewa Tribe as a part of their Tribal Impact Days at
the capital, and the social hour was hosted by Minnesota Dakota communities. About 250 people, including a stellar assemblage of tribal officials, were feasted at a buffet including chicken wings, shrimp,
egg rolls, and wontons as appetizers, and a main course featuring walleye with creamed wild rice and fry
bread.
Lieutenant Governor Carol Molnau told the assembled Shinobs that the Pawlenty administration does
not support state casinos. According to one Dinner participant, the subsequent applause was "clearly divided between the millionaire tribes and the poor tribes," including a number of Ojibway people who
"sat with our hands in our laps" during the standing ovation for Molnau.
BSU professor speaks out against genetic
manipulation of wild rice
By Jeff Armstrong
Bemidji State University professor Karen Branden said the
Anishinaabe effort to end the
genetic manipulation of wild
rice is a conflict with enduring
spiritual, historical, political,
economic and cultural implications. .
In a Feb. 13 presentation at
BSU, Dr. Branden said past negotiations between White Earth
tribal members and University
of Minnesota officials over the
latter's genetic research practices made no progress towards
a solution which would protect
the integrity ofthe state's indigenous wild rice. Branden said
many Anishinaabeg have legitimate fears that genetically-engineered paddy rice will infiltrate
and alter naturally-growing rice,
to which the Anishinaabeg trace
their history in the region.
"They're not saying you can't
grow paddy rice. What they're
saying is what if it gets into our
lakes and streams and changes
what's sacred to us?" said
Branden.
Branden said the dispute is essentially a legal one based on
treaty provisions. She said the
negotiations were an attempt to
resolve the issue without resorting to the expensive, lengthy and
uncertain process of federal litigation.
A sociologist, Branden said the
U of M's hierarchical power
structure and failure to accept
their negotiating partners as
equals prevented the university
from budging on the issue, beyond their unilateral concession
of funds to create an Environmental Research and Learning
Center.
"The university came in and
said 'we have $75,000 for this
project we're putting in for
you,'" said Branden. "I don't
think they're ever going to have
change on the wild rice issue."
Branden, however, said the effort succeded in attracting support on an individual, if not institutional, level. She said the
Anishinaabe delegation improved their presentation by basing status within the group on
knowledge ofthe particular topic
under discussion, rather than on
BSU to page 7
Federal judge
clears way to
restart voter
fraud case
Associated Press
PIERRE, S.D.— The state's request for an injunction related to a
voter fraud case was rejected in
U.S. District Court on Tuesday,
but a change of heart by tribal officials means the state's case can
be revived.
Attorney General Larry Long
had temporarily dismissed 19
counts against Rebecca Red
Earth-Villeda of Flandreau because tribal officials wouldn't let
his office serve subpoenas on the
Crow Creek Indian Reservation.
Red Earth-Villeda had been accused of forging absentee ballot
applications for the state Democratic Party.
The state asked U.S. District
Judge Charles Kommann to order
the tribe and a tribal judge to let
prosecutors serve the subpoenas.
Court papers said tribal Judge
Paul Mueller blocked the service,
and tribal officials essentially told
tribal residents in a memorandum
they didn't have to respond to a
state subpoena.
"We have a problem. We've
not been able to serve our witness
subpoenas," John Guhin, an assistant attorney general, said in court
FRAUD lo page 7
Oneida compact allows more
games, calls for higher payments
By Kevin Orland
Associated Press
ONEIDA, Wis.—The
Oneida Tribe of Indians would
pay the state $58 million over
three years starting in 2004 in
exchange for a permanent gambling compact that gives it more
games and removes its betting
limits, the tribe said Wednesday.
The Oneida reached the
agreement just minutes before
Gov. Jim Doyle delivered his
budget address Tuesday night.
Tribal officials disclosed details
at a news conference Wednesday morning. Doyle's budget
calls for $237 million in additional payments to the state from
all tribal compacts to help balance Wisconsin's $3.2 billion
budget deficit for the period
through June 30, 2005.
"We ought to be very grateful
to the tribes for supporting the
state in these difficult times,"
state Department of Administration secretary Marc Marotta said
Wednesday.
The perpetual compact would
the first of its kind in Wisconsin,
Marotta said.
The deal would not require
the Oneida to renegotiate its
compact every five years, like
the previous compact did, helping the tribe secure long-term financial loans, Marotta said.
"The renegotiation of these
agreements every five years is
ONEIDA to page 6
Samuel Desjarlait sentenced
St. Paul—Twenty-two-year-old
Harry Samuel Desjarlait was sentenced on February 18* to 125
months in prison for his involvement in a fatal shooting that occurred on the Red Lake Indian reservation. Desjarlait was also ordered by U.S. District Court Judge
Paul Magnuson to serve five years
of supervised release after completion of his term of imprisonment.
Desjarlait pled guilty in October
2002 to second-degree murder. He
admitted that on the evening of July
1,2002, he and several co-conspirators stopped next to the victim
who was walking along the road,
got out of the car, and one of the
co-conspirators fired several shots
with a .22 caliber rifle. The victim
suffered at least four gunshot
wounds.
The case is the result of an investigation by the Federal Bureau of
Investigation and Red Lake Law
Enforcement. Assistant U.S. Attorney John Marti prosecuted the
case.
i