Native American Press / Ojibwe News (Bemidji, Minnesota), 2003-07-18

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
White Earth
conspiracy?
page 5
Welfare rights show
difference between
republicans, democrats
page 4
Open letter to the Pow Stop the stealing of our
wow people identity, land, resources,
sovereign status
page 4
page 4
Enough violence
on the rez
page 4
RBC asserts immunity from tribal court in casino
injunction suit
VOICE      OF      THE      PEOPLE
By Jeff Armstrong
The Leech Lake Reservation
Business Committee responded
predictably to a tribal court
lawsuit seeking an injunction
against a controversial $20 million casino proposal, claiming
immunity from constitutional
review of resolutions authorizing the project.
RBC attorney Frank Bibeau,
himself a named party to the
dispute as a participant in negotiations over the proposed
investment contract, argued
that the suit by 13 Leech Lake
plaintiffs constituted an effort
to "interfere with governmental
duties and actions taken by officials acting within their scope
as duly elected officers."
The defense brief argues that
the reservation court has no
power of judicial review over
actions of the RBC, which exercises both executive and legislative authority.
'The Tribal Council of the
Leech Lake Band of Ojibwe has
not waived sovereign immunity
for this matter, which waiver is
required to be formalized by an
official Tribal Council Resolution. Congress has taken no express action, nor have Petitioners alleged in their complaint,
which limits the sovereign im
munity of the Leech Lake Band
of Ojibwe. Therefore, the Leech
Lake Band of Ojibwe is immune
from suit," the brief maintains.
In their request for injunctive
relief, the plaintiffs relied in
part on RBC Ordinance 97-01,
which conferred upon the Leech
Lake court "original jurisdiction to hear and decide cases
or controversies concerning the
authority of the Reservation
Tribal Council and of Band Officers and Employees, and the
effect and effectiveness of actions of the Reservation Tribal
Council and Band Officers and
Employees." The ordinance also
granted the court "the power to
order such declaratory relief as
it deems appropriate and necessary."
However, the RBC response
contends that the plaintiffs have
no standing under the ordinance
to challenge the constitutional
legitimacy of specific official
actions, alleging that the issues
raised are "political questions."
"This is not an absolute grant
of authority to review all actions
of the LLRTC. Rather, Ord.
97-01 confers jurisdiction only
to review whether the RBC,
Officers or employees have the
underlying authority to take a
given action. It does not give
review authority for the merits
of the action taken," the brief
states.
The RBC also claims that
the plaintiffs failed to exhaust
administrative remedies, suggesting that they are required
to present recall petitions under
the MCT Constitution signed by
1/5 of reservation resident voters against every member of the
governing body. Under existing
TEC constitutional interpretations, a successful recall process
would require a unanimous vote
of four of the five RBC members against each individual
member.
Although Bibeau failed
to mention it in his brief, he
contends that the complaint is
moot since the project has been
shelved. He noted that a May 1
letter of intent expired after 30
days.
"There's nothing going on
and there's nothing to proceed
on," said Bibeau. "I viewed it as
an inflammatory attack petition.
I didn't even want to answer it
in some ways."
Acknowledging the appearance of conflict of interest,
Bibeau said he was handling the
case by default as the only staff
attorney licensed to practice in
tribal court.
3 Twin Cities men charged in Redwood Falls killing
By Terry Collins   •
Star Tribune
Three Twin Cities men were
charged Monday on multiple
counts in the fatal shooting of
a man early Saturday in Redwood Falls, Minn.
They are being held at the
Redwood County jail with
bail set a $1 million each after
their involvement in a fight that
resulted in the death of Jarvis
Joseph Wabasha, 27, of Morton,
Minn.
Two others were wounded in
the shooting. Michael Lewis
O'Brien of Redwood Falls and
Hunter Jay Parker, whose last
known address was in Bemidji,
Minn., were listed in serious
condition Monday at North Memorial Medical Center in Rob-
bins dale.
Redwood Falls Police Chief
Mark Dressen said Monday that
the killing was the first in the
town of more than 5,000 since
a murder-suicide in 1997. Redwood Falls is about 50 miles
south of Willmar in western
Minnesota.
Dressen said Saturday's incident at the house of O'Brien's
girlfriend began about 2 a.m.
when two groups of men went
outside after a gang-related dispute.
About 20 minutes later,
Dressen said, officers saw three
men on the ground in front of
the house. O'Brien was shot
several times, Parker was shot
in the abdomen and Wabasha
had a gunshot wound to the
chest. He later died at Redwood Falls Hospital.
Dressen said at least 10 gunshots were fired, but "we don't
know who fired a gun."
The Twin Cities men made
their first court appearance
Monday. Todd Benjamin Skip-
intheday, 23, of Minneapolis,
faces the most serious charge of
being an accomplice after the
fact for second-degree murder.
Dressen said Skipintheday
received the felony charge in
part because he urinated on his
index/trigger finger while in
custody and because he allegedly told a woman driving him
from the scene of the party not
to talk to police because she
"didn't see anything."
Dressen would not comment
further about those allegations.
If convicted, Skipintheday
could face up to 20 years in jail,
said Redwood County Attorney,
Michelle Dietrich. He also was
charged with four other related
counts.
Two men face aiding and
abetting second-degree murder
charges as well. Itanca Henry,
25, of New Hope, and James
Cletius Mata, 30, of Minneapolis, also were charged with two
counts of aiding and abetting
attempted second-degree murder and two aiding and abetting
first-degree assault charges.
Police stopped the three men
and a woman about five miles
away from the shooting on the
Lower Sioux Community Indian Reservation about 2:40 a.m.,
Dressen said.
A criminal complaint said
officers saw Henry's hands and
clothing covered in blood. One
officer found two handguns in
the car.  The woman, who was
arrested but not charged, later
told police that after hearing
gunshots at the party, Skipinth-
day said, "Let's get out of here."
Their next court appearance
is scheduled for July 21.
23-year-old charged with Mille
Lacs stabbing death
Both Murphy, Smith charged with domestic assault
by Joel Patenaude
Messenger Staff Writer
A 23-year-old area man stands
charged with the July 8 murder
of fellow Vineland resident
Christopher Michael Smith,
20. While an autopsy was still
pending late last week, the Mille
Lacs County Sheriff's Office reported Smith appeared to have
died from a single stab wound in
the chest.
About 12:30 a.m., Darryl
Shane Murphy is alleged to
have fatally stabbed Smith after
Murphy heard a female relative
yell "Get off me!" at Smith from
inside a bedroom in Murphy's
residence at 17355 Virgo Road.
The woman — who, less than
two months earlier, was hospitalized for serious head injuries
allegedly inflicted by Smith,
identified as her boyfriend
— tried to protect Smith from
Murphy.
"Remember what the dude did
to you.... I'm just paying him
back," Murphy allegedly told
the woman as he kicked
and punched Smith, according
to her statement to police.
Other witnesses said they saw
a man drag another man from
inside the house. They said the
man doing the dragging said,
"I stabbed him in the throat. I
killed him." The witnesses also
heard the man say something
about "dragging him (the victim) into the water," according
to the criminal complaint.
The first officers on the scene
said they found the woman, half
dressed and quite intoxicated,
standing above Smith's body as
it lay in the grass. According to
the complaint, she tried to run
away, fell and said, "I was trying
to help him."
Mille Lacs County Sheriff's
deputies found Murphy inside
the house. (The criminal complaint, filed by the county
attorney's office, identified
Murphy as a resident of Fridley.)
In his initial statement to investigators, Murphy said he
helped Smith after he came
crawling onto the property
bleeding.
Later, according to the complaint, Murphy stated Smith had
been inside the house drinking
with him and the woman.
Murphy said Smith and the
woman were inside the bedroom
when he heard her yell "Get off
me!" Murphy said he went into
the bedroom to break up a fight
and "that was it," the complaint
states.
Murphy's blood-stained pants
and shoes, as well as a four-inch
knife appearing to have blood on
it found in the bathroom, were
sent to the state crime lab for
analysis. Blood stains were
also found in the bedroom, hallway, living room and outside
where Smith's body was found.
Murphy was formally charged
on July 9 with three counts
of second-degree murder and
ordered held in the Mille Lacs
County Jail on $800,000 conditional bail. Murphy's attorney,
David Dean of Milaca, did not
contest the county attorney's
bond request but said he may do
so after reviewing the case.
Previous assaults
Coincidentally, Murphy was
previously scheduled to appear in court the same day to be
sentenced on charges of assault
against his girlfriend and county
correctional officers.
On Feb. 12 at 9:47 p.m., in
the 45000 block of Wind Drive,
Murphy allegedly threatened to
kill his girlfriend if she left him.
He then punched her in the head
several times and bit her cheek,
the complaint states. The woman
ran for help to a nearby house.
A man there agreed to give her a
ride home when Murphy jumped
DEATH to page 7
Jury can hear
Garbow
statement in
murder case
By Joel Patenaude
Messenger
A jury will be allowed to hear
Roger Duane Garbow Jr.'s statement to police in which he allegedly admitted taking
part in the beating death of Mel-
vin Eagle Jr. on Jan. 5.
Mile Lacs County District
Judge Steven Ruble on July 7
dismissed a request by Garbow's
attorneys to suppress his statement. The defense argued he
was not adequately informed of
his right to remain silent, and he
was deceived by the officers who
questioned Mm.
Ruble disagreed and ruled
that the statement made by Garbow, 20, was legally obtained
evidence and admissible at trial,
which is scheduled to start Aug.
4. He is one of three defendants
— including Coleman Lee
Weous, 18, and a 17-year-old juvenile.
Garbow allegedly told police
that the three of them were
drinking with Eagle, 42, at a
residence on Nay Ah Shing
Drive when an argument broke
out. Garbow said Eagle was
knocked unconscious, and the
three men then kicked him about
the head and body.
The judge ruled last month
that a statement by Weous to police was admissible as evidence.
According to the prosecution,
Weous said the juvenile first
struck Eagle in the face and,
with Garbow, stomped on the
victim. Weous said he kicked
Eagle only once after the two
other men told him to, the criminal complaint states.
The juvenile defendant refused
to give a statement. All three
have pleaded innocent.
Judge Ruble noted the poor
quality of the video and audio-
JURY to page 6
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Volume 16 Issue 5
July 18,2003
Narragansett Indian Chief Sachem Matthew Thomas, right, is loaded into a police car after he was
arrested by the Rhode Island State Police during a state police raid at the Narragansett Smoke
Shop on tribal land in Charlestown, R.I., Monday, July 14, 2003.. The State Police confiscated the
smoke shop's inventory and arrested several members of the tribe. (AP Photo/Victoria Arocho)
Narragansetts sue Carcieri, alleging rights violation
By Elizabeth Zuckerman
Associated Press
PROVIDENCE, R.I. (AP)
- The Narraganseit Indian
Tribe sued the state Tuesday,
claiming its rights were violated during a tumultuous state
police raid on the tribe's new
lax-free tobacco shop.
The Narragmisetts also
asked the U.S. District Court
to reaffirm that the tribe is a
sovereign nation and declare
that state police acted illegally
when they arrested eight tribe
officials Monday and confiscated tobacco products and
$900 from the tribe's smoke
shop, which opened Saturday
on tribal land.
The lawsuit also seeks a
declaration from the court that
the tribe has authority to sell
cigarette products free of state
taxes.
The governor "said (the
smoke shop) violates state
law. We said, 'Look, let's let
the federal courts decide,'"
Narragansett Chief Sachem
Matthew Thomas said outside
federal court Tuesday.
The lawsuit names as defendants the state, the state
police, Gov. Don Carcieri, Attorney General Patrick Lynch,
state police Superintendent
Steven Pare, Charlestown, the
Charlestown Police Depart
ment, and the justices of the
Rhode Island District and Superior courts.
1 lie tribe also planned to file
for a temporary restraining order
that would prevent the state from
shutting down the tobacco shop
again.
Thomas said he would contact the state's congressional
delegation to ask for federal law
enforcement protection on the
reservation.
Meanwhile, the state is preparing to go to state Superior Court
over die matter.
Carcieri told WPRO-AM that
he'll launch a full independent
investigation into the raid and
conduct of the state police. He
accused the Narragansetts of
staging the riot and said it looked
like the tribe's resistance was
orchestrated.
About 20 state troopers arrived
at the Narragansetts' tobacco
shop Monday to execute a warrant for search and seizure. Videotape showed state police troopers walking in a line toward the
smoke shop and forcibly opening
its doors. Several tribal members
who resisted were wrestled to the
ground and handcuffed.
Pare, head of the state police,
said plainclothes officers entered
the tobacco store first and served
the warrant; The line of troopers
followed only after tribal leaders
indicated they would not honor
the warrant, he said.
But members of the tribe criticized the state's conduct.
"I'm disgusted in the way this
was handled," said Randy Noka,
the tribe's first councilman.
"This is over cigarettes."
The Narragansett Indians, who
have been federally recognized
since 1983, began Saturday to
sell cigarettes without sales tax
or the cigarette tax, in an effort
to make money.
By law, Indian sales to Indians
aren't subject to government
sales taxes, but tribal businesses
are supposed to collect taxes on
sales to non-Indians.
Carcieri said the tribe was told
the shop was illegal, and continued their "flagrant violation of
state law."
"This is all about the leadership of a tribe that is so frustrated
that it did not get a casino,"
Carcieri said Monday. The tribe
has been trying to build a casino
more than a decade.
A bill that would have put the
casino question to voters failed
to win legislative approval during the recently concluded session.
Following his release from
police custody Monday night,
TRIBE to page 3
Groups offer
$10,000 reward
in northern
Wisconsin
murder case
Associated Press
WASHBURN, Wis. - A
foundation and an American Indian tribe are offering
$10,000 to anyone who has information leading to the conviction of those who killed the
director of a literacy program.
The investigation into the
murder of .Tody Ricard, 50,
has yielded no suspects, said
Bayfield County Sheriff Bob
Folhs.
"All we need is someone to
come forward," he said.
The Washburn woman
disappeared June 27 from the
Red Cliff Chippewa Reservation. Her body was found July
8 in a wooded area in Bayfield
County. She was director of
the Evenstart literacy program
in Red Cliff.
Half the reward money is
coming from the Carole Sund;'
Carrington Reward Foundation, named after two women
REWARD to page 3
Indian casinos report brisk growth
By Barbara Powell
Associated Press
JACKSON, Miss. (AP) -
American Indian gambling revenues are gaining on the rest of
the industry, industry analysts
say.
Investment bank Merrill
Lynch estimates that Indian
gaining revenue this year will
total $15 billion, or 36 percent
of national gaming revenue this
year.
By 2006, Indian casinos will
account for 40 percent of national casino revenues, according to Kurt van Kuller, director,
municipal bond research, at
Merrill Lynch.
'To a very large extent, I
would attribute the fact that Indian gaming is in the forefront
of the proliferation of gaming to
the location of these facilities,"
van Kuller said. "It's opening
up closed markets."
In Mississippi, the Choctaw
Indians have opened a second
casino and a Hard Rock Beach
Club in the past nine months
and announced a third hotel
within two years.
Nationwide, Indian tribes
have more than a dozen major
casino proposals - in areas
where they would have no di
rect competition from commercial gaming. The Navajo Nation
signed a gaming compact with
Arizona while in other states,
tribes already operating gaming
facilities are proposing expansions.
In this stale, by contrast, the
last new commercial casino to
open was the Beau Rivage in Bi-
loxi in early 1999. Atlantic City
early this month opened its first
casino in 13 years.
Commercial casinos in Mississippi, Louisiana, Las Vegas
and Atlantic City must jockey for
market share in urban or waterfront markets that are increasingly saturated. In Mississippi,
revenue for the 29 commercial
casinos for January through May
was down in each month except
March.
Harrah's Entertainment Inc.
recently announced it was selling
its Vicksburg casino and hotel,
saying it no longer fit the Las Vegas-based company's long-term
growth strategy.
In 2002, commercial gaming
revenue nationwide rose a modest 3.5 percent to $25.5 billion,
according to Analysis Group,
a Los Angeles economic con-
GROWTH to page 3