Native American Press / Ojibwe News (Bemidji, Minnesota), 2003-06-27

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Veterans group
comments on White
Earth Powwow
page 4
18th DWI for resident may
lead to prison
page 4
Letter to clear up the
good name of
Shirley Cain
page 4
Rep. Erickson calls us
to be better patriots this
4th of July
page 4
Will the real Indian
please stand up
page 4
5 arrested in drug bust at River Road Casino
VOICE      OF      THE      PEOPLE
By Bill Lawrence
According to sources who
prefer to remain anonymous, on
Wednesday night, June 18, Red
Lake police officers armed with
search warrants entered guest
room(s) at the Red Lake River
Road Casino near Thief River
Falls, MN and arrested five persons. All were allegedly in possession of illegal drugs.
Those reported arrested were
Jeffery Oliver, Michael Domin-
quez, Brian Vasquez, Miskwasin
Spears and Rebecca Nedeau. All
are believed to be residents of
tlie Red Lake Reservation and
enrolled members of the Red
Lake Band.
One source told Press/ON that
substantial amounts of crack-
cocaine, methamphetamine and
marijuana were confiscated
during the arrests. .Also seized
were $7,000 in cash and a loaded
handgun. The same source said
that casino surveillance cameras
recorded several instances of
drug transactions taking place
in casino guest rooms. The Red
Lake police are believed to have
taken custody of the videotapes
containing the scenes involving
the drug activities. Red Lake
criminal investigator Earnest
Smith is reported to have been in
charge of tlie drug bust.
Another source told Press/ON
that all five arrested individuals were transported to the Red
Lake jail early on June 19 and
incarcerated. Later that morning, they appeared in Red Lake
Tribal Court and were charged
with possession of illegal drugs
and contributing to tlie delinquency of a minor and returned
to custody. On June 20, they appeared before acting chief judge
Dan Charnoski, who is reported
to have released tlie five individuals because the police didn't
file a report of tlie incident. According to the Red Lake Tribal
Criminal Code, charges must be
filed within 48 hours of arrest or
individuals must be released.
A source related to Press/ON
that the police report wash t submitted because the investigation
into the matter wasn't complete.
The source said that new complaints would be filed, probably
next week when Red Lake tribal
prosecutor Mike Klinkhammer
returns from training.
Press/ON contacted special
agent Paul McCabe, who is
responsible for media relations
for tlie Minneapolis office of the
FBI, regarding the River Road
drug bust. McCabe told Press/
ON that the FBI was aware
of tlie incident and although
they did not participate in the
drug bust, they had joined in       i
the investigation. He also said
that they had notified the I S.
Attorney's Office and that they
indicated they would review it
for possible federal prosecution.
Constitutional
Reform Series
Compiled by Wallace W.
Storbakken
On September 29-30,2001,
the Minnesota Chippewa Tribe
sponsored a Constitutional
Hearing at the Grand Casino
- Mille Lacs. This is tlie eighth
of a series of "quotes" based on
oral testimony at the hearing.
The testimony has been edited
to conserve space, while
attempting to include the major
points, opinions, and ideas of
the speaker. Every effort has
been taken so as to not present
the testimony out of context. We
apologize that the presentations
are not in chronological order
and thai in many cases the
speaker is not identified. The
full transcription of tlie hearing
testimony is available tiirough
tlie Minnesota Chippewa Tribe
facility in Cass Lake, Minnesota.
Excerpts and quotes from
testimony of Yvonne Novack-
White Earth:
"It is very hard to follow such
eloquent and articulate people
that I have heard speaking for
the last couple of days. I am
Yvonne Novack. I am a member
of tlie Minnesota Chippewa
Tribe, Mississippi Band, Mile
Lacs Removal. Family put on
tlie White Earth Reservation..."
"A constitution is a living
thing. It is an important
document. It is something that
we need to take time and to do
SERIES to page 4
Hough regains custody of daughter
in continuing court battle
By Jeff Armstrong
Leech I .ake mother Jawnie
Hough was reunited widi her six-
year-old daughter Monday, two
and one-half years after the girl
was seized by university police
at a Minneapolis hospital under
a state-recognized tribal custody
order fraudulently obtained by tlie
father.
The father of Meghan Brun,
Donald Brun, Jr., lias defied
subsequent state court orders to
return the child to Hough for more
than a year, while his parents
have appealed the rulings to the
Minnesota Court of Appeals. In
revoking his acceptance of tlie
Red Lake custody ruling, district
judge Tennnce Holter said Brun
"did perpetrate misconduct on this
Court...when [he] used a tribal
court Order under a de facto Ex
Parte comity recognition process."
Ironically, Meghan was returned to her mother in circumstances almost identical to those
under which she was lost. Informed by a relative of her child's
presence al die Bemidji hospital,
Hough presented legal documentation of her custodial rights to
police supervising the transfer.
Although Hough was initially
charged with deprivation of parental rights, no criminal charges
have been filed against Brun and
his parents, who continue to claim
custody by virtue of the tribal
court order.
"I refer to it as coming full
circle," said Hough's attorney,
Frank Bibeau. 'The difference is
Jawnie never had any notice of
what [Brun] was doing."
Bibeau said he was pleased for
his client, though disappointed
she had to resort to what he referred to as "legal self-help."
"If Jawnie didn t recover die
child when she did, we would be
wailing at least 90 days for tlie
appellate court to make its order,"
said Bibeau. "Bmn should have
been charged and apprehended
over a year ago."
Bibeau said he was particulaily
disturbed by the conduct of two
attorneys for tiie Bruns, whom
he accused of complicity in misleading tlie courts with regard to
respecting Hough's due process
rights. Acccrdfeg 10 Bibeau, Lawrence Nichols, current attorney
for the Bnms, called Bibeau's
office and demanded the return of
the child "48 hours from yesterday."  I
"What I' ve been frustrated by   .
is how legally trained people are
willing to not follow state law,"
said Bibeau. "I tliink tiiere will
• be a filing widi the [Lawyers]
Professional Responsibility Board
into tlie attorneys in this matter,
but diat's entirely up to my client"
Nichols could not be reached
for comment.
Hough said her joy at the
reunion was tempered by what
she said was fear instilled in her
daughter by the Bruns. According
to Hough the Bruns would friglit-
HOUGH to page 4
Tribal members suffer from congressional greed
By Lisa Morris
"I'm an Alaska Native Woman
who used to work for a Native
HealthCare Facility... the President of the HealthCare Facility...
promised me a higher position
in Juneau, ask(ed) me to leave
my husband,... he's lost millions
for this facility, people dying
on an operated/owned plane by
SEARHC, exposed kids to asbestos, it's all on record, he sexually
harassed me and I' m getting no
help from anyone I'm also
a US Citizen; what about the Bill
of Rights (?), Civil Rights Act
(?), nobody wants to help me..."
-Anon
So begins one of many letters
my husband, Roland Morris, and
I have received from both tribal
members and non-members.
Some are seeking legal help,
some simply seek someone who
will listen and understand. Here
are a few other examples:
"I am a full blood Cherokee
and a Vietnam-era veteran of die
US Marine Corps... if one is born
a tribal member on the North
American continent,... one has
no rights or recourse of action
when civil rights violations are
caused.. .by... tribal government
Like a Native American Indian
living in a communist organization."-Billy R. McCoy
"I am an enrolled member to a
federally recognized tribe. Over
the past four and a half years, I
have tried to help a friend, who is
a non-Indian.. .Tlie tribe allows
the employees that have violated
my friends constitutional rights
to claim sovereign immunity."
- Jessie
"I worked for an Indian Reservation and was wrongfully terminated. My dept. is denying me
copies of evidence against me—
because they have nothing. I am
grieving my action now but it's
hard to do when you don't have
tlie so-called evidence against
you. "-Jeff
"I have a serious problem - my
ex husband is fighting me for
custody of our children. The oldest is 10 and is not Indian - she
was adopted by my ex when she
was 6 months old. The youngest
is 9. She is a member of the same
Tribe as my husband. This is tlie
second custody batde in a year."
- Cheryl
'To Whom It May Concern: I
am seeking assistance from any
legal entity that is willing to take
a stand for the rights of Indian
heritage within a tribal court setting. Throughout Indian Country,
... I am also Native American,
a member of the federally unacknowledged tribe of Ohlone/
Costanoan Esselen Nation."
"I have been told that ICWA
doesn' t apply to my children
because they are not enrollable,
but the tribe has said diat it does."
-Anon
"... our organization is called
"United Hinthil Voices",.. .We
meshed together to become a
"watchdog" organization for all
Indians in Mendocino County
and who ever else in California
that is tired of the numerous years
of corruption." - Debra
"Legal help is sparse and even
when available is not very effective or helpful." - Anon
Many Americans diat hve and
work outside of Indian Country
are unaware of the difficulties
within Reservation boundaries.
Many non-members, and even
tribal members diemselves, are
unaware that die Bill of Rights
doesn't seem to extend to enrolled tribal members living on
GREED to page 6
Red Lake vote fails to reach threshold
Billy King to serve remainder of Brun's term as chairman
By Bill Lawrence
RED LAKE - While those
Red Lake enrollees who did
vote Wednesday overwhelmingly supported revising die Red
Lake Band of Chippewa's tribal
constitution, not enough voters
participated in the election for die
proposed amendment to die Red
Lake constiUition to be approved.
In results certified Wednesday
night by the Red Lake Tribal
Election Board, 1,142 tribal
members voted in tlie special
referendum asking to amend die
tribal constitution. The amendment would have provided for
special elections to fill the seats
of tribal council officers and
district reps, in die event of diat
councilman's deadi, removal,
or resignation. The Red Lake
Band's constitution currently
provides, Article X, Sec. 3, that:
"The Tribal Council by an affirmative vote of die majority shall
appoint a replacement to fill any
vacancy of a district representative or officer, caused by removal,
deadi or resignation, provided die
term of the replacement shall not
extend beyond the next regular
election regardless of the lengtii
of die unexpired term."
Had die constitutional revision
up for referendum last Wednesday been approved, a fourth
Section would have been added
to Article X: "Section 4. In the
event of removal, deadi or resignation of a District Representative or Officer, the Tribal Council
by an affirmative vote of the majority may hold a special election
to fill die vacancy of the office.
The term of the office shall be for
the remainder of the District Representative's or Officer's term."
But, the proposed revision to
the constiUition was not adopted,
since at least 1,722 voters needed
to participate in die referendum,
according to Tribal Secretary
Judy Roy. Of those who did vote
Wednesday, 81.3 percent, or 928
voters, supported die referendum,
which would have allowed a special election, while 18.7 percent,
or 214 voters, opposed it. There
were more absentee ballots cast
than in any district, widi a "yes"
web page: www.press-on.net
American
Press
We Support Equal Opportunity For All People
A weekly publication.   Copyright, Native American Press, 2003
Founded in 1988
Volume 16 Issue 3
June 27, 2003
AP Photo/Billings Gazette, Larry Mayer
Descendants of Crazy Horse gather with their horses Tuesday, June 24, 2003, close to Little Bighorn Battlefield
National Monument near Crow Agency, Mont. They plan to cross the Little Bighorn River on horseback at sunrise on Wednesday. On June 25, 1876, Lt. Col. George A. Custer staged an attack of an Indian village along the
Little Bighorn River. Custer greatly underestimated the size of the Indian force—estimated by some at more than
2,000 warriors—and he and about 260 men with the 7th Cavalry werewiped out in the battle.
Indians finally recognized at site of Custer's last stand
jecky Bohrer
Associated Press
LITTLE BIGHORN
BATTLEFIELD NATIONAL
MONUMENT, Montana -The
words were angry, ugly. But
to Tim Lame Woman, they
were truth, and they nagged at
him to be spoken whenever he
passed the grassy battiefield
where Lt. Col. George Custer
became a legend.
On a June day in 1988,
Lame Woman marched widi
other members of the American Indian Movement to the
monument to the 7th Cavalry
atop Last Stand Hdl. They
placed at its base a crudely
engraved plaque honoring the
"Indian patriots who fought
and defeated die U.S. Cavalry
in order to save our women
and children from mass murder."
"To me, that was a contin
ued insult, to sec (lister idolized and his monument," lxune
Woman recalled from his home
on the nearby Northern Cheyenne reservation. "We wanted
America to recognize our contributions. But nothing was up
diere, and it hurt."
This Wednesday, die 127di anniversary of Custer's defeat, formal recognition is coming to the
Indian warriors who prevaded
diat hoi day, June 25, 1876.
The granite obelisk and white
headstones of the cavalry dead
now share die battiefield with a
sunken stone circle _ a sacred
symbol to many tribes _ and an
open-air space for tribal ceremonies.
Walls feature "interpretive
panels" explaining die roles of
the uibes that took part in die
batde. And most strikingly, wiry
sculptures of three warriors on
horseback and a woman on foot
beside them stand guard.
The dedication of the new
monument Wednesday is
a proud moment for Ernie
LaPointe, who claims the Sioux
leader Sitting Bull as his greatgrandfather.
"To me," he said, "it's a long
overdue memorial to the victors."
For most Indians, it is an
honor. Some even consider it
an apology of sorts for whites'
treatment of Indians during the
early setdement of the West.
Others say it simply provides an
important historical balance to
the 400,000 tourists who visit
each year.
But even among Indian tribes,
diere is not complete satisfaction
in the memorial's design _ particularly its inclusion of die Ari-
kara and Crow, who scouted for
Custer and were enemies of the
CUSTER to page 3
Leech Lake
business
division
under fire
PRESS/ON has received a
packet of information dealing
primarily with infonnation
about Michael Johnson, CEO
for die I.eech Lake Business
Corporation, and secondarily
with the Pete White administrations and die LaRose
recall issue. This packet has
been distributed to what is
perceived as a select group of
individuals on die reservation.
Some of the documents are
published in this week's edition. The remainder is available for review at the Presson/
ON office.
What follows is an edited
version, a compilation, of the
key issues contained in the
documents. The documents
are identified in this article as
Exhibits and are numbered to
facilitate verification of the
materials being discussed or
quoted.
The information is concerned
widi the qualifications, the
tenure and alleged improprieties of Michael Johnson. In
a memo (Exhibits 1,2) to die
Tribal Council, dated June 19,
2003, District III Representative Richard Robinson, Jr.
expressed his dissatisfaction in
particular to the proposed $20
nullion Palace Casino building project and in general to
RED LAKE to page 3 LEECH LAKE to page 3
2003 Minnesota Comprehensive
Assessment results released:
Overall scores improve for grades 3,5
By Jean Pagano
The results of the Minnesota
Comprehensive Assessments
(MCA) for the state's 3rd and 5lh
grade snidents were released this
week. The MCA was given to
students in early April diis year
and the results, which are usually
released in July, are available
earlier in 2003.
The tests have been given to
Minnesota students in the 3rd and
5lh grades since 1998. Under the
President Bush's 'Leave No Student Behind' initiative, snidents
must be regularly tested beginning widi Grade 3. Mimiesota
tests grades 3,5,7,8,10,11, and
12, widi a combination of MCA
and Basic Skills Tests (BST).
While there are no passing levels in the MCA, die results are
closely watched and schools are
evaluated based upon die results
that are generated.
Scores are broken into five
levels, Levels I, Ila, lib, III,
and IV. Level I students are
described as having gaps in the
knowledge and skills necessary for satisfactory work in
the state's content standards.
Level Ila students have partial
knowledge and some of die skills
necessary for achieving satisfactory work in the state's content
standards. Level lib students are
working successfully on grade-
level material and are on track
to achieve satisfactory work in
die state's content standards.
Level III students demonstrate
solid performance and competence in the knowledge and
skills necessary for satisfactory
work in tlie state's content standards, and Level IV students
demonstrate advanced academic
performance, knowledge, and
skills tiiat exceed the level necessary for satisfactory work in tlie
state's content standard. Level I
and Ila students are considered
to be working beneath their
grade levels.
For grade 3 students, testing is
given for reading and mathematics. For bodi of diese categories,
general scores across all students
improved this year. The average
score for reading in grade 3 was
1517.4, up from 1486.2 last year.
The average score for 3rd grade
math is 1541.3, much higher dian
last year's average of 1486.0.
Overall, 3rd grade reading percentages for the different levels
are: Level I 10.5%, Level Ila
13.1%, Level lib 16.9%, Level
III 42.1%, and Level IV 17.3%.
3rd grade math percentages for
die different levels are: Level
I 5.6%, Level Ila 19.8%, Level
lib 18.2%, Level III 37.4%, and
Level IV 19%. Attached is Table
1, a table of 10 schools with significant Native percentages and
die schools' overall percentages
for reading, math, average score,
and percentage of Native smdents.
For 5"' grade students, reading,
MCA to page 6