Native American Press / Ojibwe News (Bemidji, Minnesota), 2003-04-04

              INDEX
Anishinabe need
Warriors are
Former Shakopee
Appeals Court rules
NEWS AROUND INDIAN COUNTRY
2
visionary
a great team
chairman threatens
tribal casino audits
NEWS BRIEFS
3
leadership, to
Buttes with libel suit on
are public
COMMENTARY/EDITORIALS
4
rebuild our Nation
letter questioning his
information
CLASSIFIEDS
7
eligibility for enrollment
page 4
page 4
page 4
page 5
Commentary
Court debunks
myth that audits
are "trade
secrets"
page 4
Court of Appeals rules casino audits
held by state are public information
by Clara NiiSka
On Tuesday, April 1, a three-
judge panel ofthe Minnesota Court
of Appeals ruled that most ofthe
information in Indian casino audits,
which Minnesota state-tribal gambling compacts require the tribes to
provide to the state on request, is
pubhc information under the Minnesota Government Data Practices
Act(MGDPA).
The ruling by the appellate court
reverses the decision made by
Ramsey County District Court
Judge Louise Bjorkman, who on
April 23,2002 issued a summary
judgment that the audits are "trade
secret" information and therefore
non-public.
Tuesday's decision is the latest
step in a process begun more than
two years ago by the Native Ameri
can Press/Ojibwe News, which requested Red Lake audits in February 2001. The JVIinnesota Department of Public Safety (DPS),
which under the Compacts is
charged with upholding the integrity of Indian gambling enterprises
in Minnesota, refused to release the
records, claiming they were confidential. Press/ON requested an advisory opinion from the Department of Aclrninistrarion, the state
agency charged with overseeing the
operations of Minnesota's bureaucracy, and on June 6,2001, the
Commissioner issued an opinion
that the audit data are public information under the MGDPA.
On June 15,2001, Press/ON
published information from the
1997 Red Lake audit, which DPS
AUDIT to page 6
Audits for hefty
Casino Rama
earnings off limits
to general public
By Sue Bailey, Canadian Press
OTTAWA - Casino Rama has
pumped more than $716 million
into Ontario First Nation coffers
since it opened, with little public disclosure of how it's spent.
Audits are not available to most
taxpayers. The figures are released
to chiefs, but even some band members aren't sure where the cash has
gone. "It would be nice to know
who's getting what and Why," said
Arnold General of the Six Nations
ofthe Grand River Territory near
Brantford, Ont.
"There's a lot of money coming
into this reserve," said the commu-
RAMA to page 6
Man held in 1976 death of Anna Mae Aquash
SIOUX FALLS, S.D. — In a
case that has haunted Indian Country for nearly 30 years, pohce have
arrested a Denver man in the slaying of an American Indian Movement member whose frozen body
was found on the Pine Ridge reservation in 1976.
Authorities said Arlo Looking
Cloud, 49, was arrested in Denver
last week. He pleaded not guilty
Monday to a charge of first-degree
murder in the death of Anna Mae
Pictou-Aquash, U.S. Attorney
James McMahon said Wednesday
in Sioux Falls. McMahon said he
could not comment on the case or
say whether more arrests are possible. The indictment of Looking
Cloud remained sealed.
Aquash, 30, disappeared in late
1975 from a Denver home where
she had been staying. Her body,
with a gunshot wound to the head,
was found in February 1976 on the
sprawling reservation 90 miles east
of Rapid City.
The unsolved murder of Aquash
Submitted photo
Arlo Looking Cloud
has been the subject of television
documentaries, folk songs and
books. The decades of accusations
and suspicion have torn apart
friendships in the American Indian
community.
"This is the break anyone who
wants justice in this case has been
waiting for," said Paul DeMain,
editor of News From Indian Coun-
AQUASH to page 8
TIMELINE
Feb.27-May8,1973:
American Indian Movement
occupies Wounded Knee at request of traditional Lakota who
alleged that their tribal government was corrupt. Aquash part
ofthe occupation.
June 26,1975: FBI agents
Jack Coler and Ron Williams
shot from a distance, wounded,
then executed at close range.
Leonard Peltier later convicted
and sentenced to two life sentences.
November 1975: Aquash
goes to Denver to stay with
Troy Lynn Yellow Wood.
Dec 12,1975: Aquash taken
to the offices ofthe Wounded
Knee Legal Defense Committee in Rapid City and questioned by AIM members.
Dec. 13,1975: Aquash reportedly taken from Rapid City
to the Rosebud Indian Reserva-
TIMELINE to page 8
Canterbury casino
bill narrowly passes
By Patrick Sweeney
St. Paul Pioneer Press
A bill authorizing a state-operated casino at Canterbury Park
racetrack in Shakopee squeaked
through the Minnesota House Tax
Committee on Wednesday on a 13-
11 vote.
The vote came after the bill was
amended so the Canterbury casino
would yield more money for the
state — $100 milhon — during the
state's upcoming budget cycle by
borrowing from its revenues over
the next two years.
Both supporters and opponents
of the bill said House Speaker
Steve Sviggum lobbied Republican
House members to keep the casino
proposal alive as a source of cash
to cushion some of the budget cuts
proposed by Gov. Trm Pawlenty.
"Without the leadership, we
never would have made it out of
these committees," said Randy
Sampson, president ofthe holding
company that owns Canterbury.
"It still is going to be very difficult to pass this on the floor,"
Sampson said, referring to the bill's
prospects in the full House.
The Canterbury casino legislation
is one ofthe most heavily lobbied
bills at the Legislature this year.
Owners ofthe racetrack have 10
lobbyists on retainer. The JVIinnesota
Indian Gaming Association, a group
representing tribes seeking to protect the monopoly they currently enjoy in casino gaming, also has 10.
During the past election, Curt
and Randy Sampson, two ofthe
principal owners of Canterbury
stock, contributed more than
$2,000 to both the Republican and
Democratic-Farmer-Labor House
campaign committees. Contributions by Indian tribes opposed to
state approval of any non-Indian
casinos far exceeded that amount.
Tribal political action cornmit-
BILL to page 6
Bemidji race dialogue generates calls for
human rights panel
By Jeff Armstrong
Beltrami County commissioner
Quentin Fairbanks joined Native
community members in calling for
an independent panel to review and
act upon human rights complaints
against law enforcement and jail
personnel.
•  A Red Lake tribal member and
former pohce officer, Fairbanks
said his former profession attracts
individuals prone to abuse of au
thority, as well as devoted community servants. He said the issue of
disparity of treatment is as much
about class as race.
"I don't know if [certain officers]
pick on minorities themselves, but
they pick on easy targets," said
Fairbanks, speaking at an April 7
community dialogue sponsored by
the Anishinabe Peace and Justice
BEMIDJI to page 6
Coverup claimed in Duluth police
shooting of Native
By Jeff Armstrong
A young Duluth man shot multiple times by city pohce says he is
recovering well from the incident
and expects to be released from St.
Luke's Hospital next week.
"I was shot in the head, shot in
the back," said Preston Freeman, a
member of the Three Affiliated
Tribes. Freeman says he had complied with pohce orders to drop a
broken pellet gun in his possession
before officers Ann Seavey, Mike
Erickson, Rod Wilson and Andy
Mickus fired upon him, hitting him
Leech Lake Chairman Clears Secretary-
Treasurer LaRose
By Diane E. White
In a stunning blow to the 503
petitioners who requested the removal of Arthur "Archie" LaRose
from his elected post; newly-
elected Chairman Peter White invalidated the removal Petition
based upon a technicality. In accordance with the MCT Constitution, a Reservation Business/
Committee ("RBC") has 15 days
to respond to petition requests. In
this case, LaRose stopped the petition process by requesting and
being granted a Temporary Re- '
straining Order ("TRO") from the
Tribal Court in December. The
TRO stopped the RBC from taking any action on the Petition until LaRose's legal allegations
were htigated or solved in a manner acceptable to all parties, including the Court. LaRose alleged the Petition Validation
Committee violated his due process rights when a majority (4
out of 7) of committee members
voted to allow Deer River residents to count as "Resident Eligible Voters," thereby making the
Petition valid.
LAROSE to page 7
Divided Supreme Court confronts race,
opportunity in affirmative action cases
By Gina Holland
Associated Press
WASHINGTON - The Supreme
Court gave no sure sign it was
ready to end ah affirmative action
as it took up the polarizing question
of racial preferences in college admissions for the first time in 25
years.
But justices gave a glimpse
Tuesday ofthe conflict on the court
as they considered how to rewrite
the rules for affirmative action on
university campuses - and potentially beyond. They questioned
lawyers aggressively, focusing on
likely consequences of discrimination and educational opportunity.
The court is considering two
cases in which three white appli
cants rejected by the University of
Mchigan and its law school challenged the school's admissions
policies as unconstitutional racial
cuscrimination. The students contended that black, Hispanic and
American Indian candidates with
the same qualifications were given
preferential treatment.
"I have to say that in looking at
your program it looks to me like
this is just a disguised quota," Justice Anthony M. Kennedy told a
university lawyer.
Justice Sandra Day O'Connor,
who with Kennedy is considered a
crucial swing vote on the issue,
asked skeptical questions ofthe
RACE to page 8
VOICE      OF      THE      PEOPLE
web page: www.press-on.net
/L&e>
Native
American
Press
Ojibwe News
We Support Equal Opportunity For All People
A weekly publication.   Copyright, Native American Press, 2003
Founded in 1988
Volume 15 Issue 43
April 4, 2003
Inset: Anna Mae Pictou-Aquash.
Rancher Roger Amiotte shows the location Monday, Feb. 17,2003 where he discovered the body of American Indian Movement member Anna Mae Pictou-Aquash in 1976 on his land near Wanblee, S.D. on the Pine
Ridge Indian Reservation. Officials arrested Arlo Looking Cloud Friday, March 28,2003 in connection with
the 27 year old death. (AP Photo/Doug Dreyer)
State/tribal casino bill suffers a setback
By Bill Lawrence
On Tuesday April 1, by a 10-8
vote, the House Governmental
... Operation and Veterans Affairs
I
committee defeated a proposal to
allow the Red Lake and White
Earth Bands of Chippewa to partner with the State of Minnesota to
build and operate a non-reservation casino. The bill, House File
1020, would have established a
northern Twin Cities casino where
the two tribes would build and
own it and the Minnesota Lottery
would own the slot machines. Besides addressing specific needs of
both parties, profits would be spit
nearly equally between the state
and tribes.
"It means a setback for our
people," White Earth Tribal Chairman Doyle Turner said right after
the vote. Red Lake Tribal Treasurer
Darrell Seki and Turner said they
will keep working for the casino.
The House Government Operations Committee voted down the
Red Lake-White Earth proposal after the same group passed a bill last
week to establish a casino at the
Canterbury Park horse race track in
the Shakopee.
"It tells me that the horse bill
passed, but the people bill did not,"
Turner said.
The Red Lake-White Earth bill
was designed to stimulate the
economies ofthe two northwestern
JVIinnesota reservations and provide employment for urban Indians
and other minorities.
"Our needs are compelling,-'
Turner said. "We can't give up."
Seki and Turner told the commit-
SETBACK to page 9
with six shots.
Duluth pohce declined comment, referring calls to the Bureau
of Criminal Apprehension,
which—as is standard practice in
such incidents—is investigating the
case while the officers involved are
placed on administrative leave.
BCA investigator Phil Wagner
could not be reached for comment
by press time.
In a March 22 press release, the
Duluth pohce department failed to
release the names ofthe officers or
SHOOTING to page 6
Basic Writing Skills Test Results Released
Only 3.3 Percent of Seniors Still Need to Pass Test
By Jean Pagano
The Minnesota Department of
Children, Families, and Learning
released Basic Skills Writing test
results on Tuesday April 1st. The
skills test in written composition,
administered in January 2003, is
given to all Minnesota pubhc
school grade 10 students and is
one of the required tests needed to
graduate in IVIinnesota. While students have a number of opportunities to take the Basic Skills Tests
(BST), over 90% of lO"1 grade students passed the written BST on
the first try.
Scores on the written BST range
from 0.0 to 6.0. The results
achieved by students on the BST
are based on a number of factors
contributing to the quality ofthe
composition. Organization, supporting arguments, spelling, grammar, and punctuation are all factored into the final score. Trained
professionals grade the exams and
a successful composition can only
have minor errors in spelling and/or
organization.
High school students in the JVIinnesota must pass a series of BSTs in
order to meet graduation requirements set by the state. Students are
tested in reading, mathematics, and
written composition as part ofthe
Basic Skills program. Students have
more than one chance to take an
exam and a number of students do
TEST to page 8
Arlie Gene Wipf
indicted for
manslaughter,
assault
Minneapolis - Forty-year-old
Arlie Gene Wipf from the Red Lake
Indian reservation, who was allegedly driving under the influence of
alcohol when he was involved in a
car crash, was indicted by a federal
grand jury on two counts of involuntary manslaughter and one count of
aggravated assault.
According to the indictment, on
March 1,2003, Wipf was driving
under the influence of alcohol and
at an excessive speed. Wipf allegedly lost control of the car. The resulting accident killed Luana
WIPF to page 6
Casino official
called officers on
behalf of Vikings
official
Associated Press
MINNEAPOLIS — Acasino
official tried to intervene on behalf of a JVIinnesota Vikings executive who was pulled over on
suspicion of drunken driving after
a team fundraiser, according to a
criminal complaint.
Brad Kalk, general manager of
Grand Casino, called officers after Vikings executive vice president JVIike Kelly was arrested in
Mtile Lacs County on suspicion
of drunken driving, asking them,
according to the complaint:
"What can we do to let this one
shde, and even lower the
charges?"
Patrick Broberg, the Mille Lacs
Tribal Pohce officer who made
the stop, told Kalk he was obstructing the legal process and
possibly committing a felony, the
complaint said.
Kelly was pulled over by tribal
police Feb. 2 on U.S. Highway
169 on the Mille Lacs Indian
Reservation after officers clocked
his vehicle traveling 67 mph in a
45 mph zone.
Kelly, although he told officers
he had nothing to drink that night,
failed a field sobriety test. Later,
he allegedly refused to take a
Breathalyzer sobriety test and was
charged with a fourth-degree mis-
VIKINGS to page 8
Doyle pal tried to horn in on casino deal
By Cary Spivak and Dan Bice Milwaukee Journal-Sentinal
When Gov. Jim Doyle struck a
deal with the Potawatomi last
month, he did more than give the
tribe an ironclad grip on metro
Milwaukee's gambling business.
The guv also drove a stake
through the heart of a proposal quietly being negotiated to bring a
$100 million-plus MGM Mirage
casino complex to Kenosha — a
deal that would have placed a competitor between the Potawatomi's
Menomonee Valley casino and the
Chicago market.
As recently as last month, multiple sources tell us, MGM Mirage
officials, Menominee tribal representatives and Kenosha power-broker Dennis Troha met at a Chicago
hotel to hash out what role, if any,
to give Troha in the deal.
The casino company and the
northern Wisconsin tribe had already been in talks for several
months to discuss jointly putting an
off-reservation gambling hah in
Kenosha. Ken Rosevear, a heavy-
hitter at MGM Mirage, visited the
reservation last fall to put on a dog-
and-pony show about the company
for legislative leaders, said
Menominee Chairwoman Joan
Delabreau.
Though we'll never know for
certain, it's a safe bet this casino
would have been huge — glitzy
Vegas firms like MGM Mirage
don't do anything on the cheap.
The $4 billion corporation operates
DOYLE to page 8
Supreme Court to consider limit of
state authority on Indian land
By Mark Sherman
Associated Press
WASHINGTON—The Supreme Court on Monday will take
up a California case in which county
authorities armed with a search warrant and bolt cutters seized tribal
records, the latest attempt by the
court to define the boundaries of
tribal sovereignty.
The Bishop Paiute Tribe resisted
search warrants from Inyo County
authorities for tribal casino personnel and pay records that were sought
in an investigation of welfare fraud
in 2000.
A federal judge dismissed the
tribe's lawsuit, saying federal law
gave California and several other
states authority over crimes on Indian reservations.
The 9th U.S. Circuit Court of Appeals, however, agreed with the
tribe, saying the law does not give
states jurisdiction over the tribes or
their property.
The county appealed the ruling to
the Supreme Court, which ruled in
2001 that state authorities may enter
an Indian reservation to investigate
or prosecute off-reservation violations of state law.
COURT to page 8