Native American Press / Ojibwe News (Bemidji, Minnesota), 2003-08-29

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
A prisoner's opinion
page 4
A time when the
Reservations are at their
most vulnerable moments
page 4
What is the position of
the Yakama Nation on
individual Indian alloted
water rights?
page 4
Lower Sioux file petition
with Tribal Council
page 4
The Mille Lacs
Band caught in
a balk by
citizens united
for baseball
page 4
White Earth women complains of excessive force by
tribal police
By R. Feather
Aurelia Brown of White Earth
Reservation "does not trust tribal
police" but feels it is important
for her to tell her story so that
"the people will know what
tribal police are doing to Indian
people. If I speak out, others may-
do it also."
On a day early in August,
around 1 p.m., two policemen
came to her home with a warrant for her son, Justin Brown.
She denied them entrance to her
home because Justin was not
diere. Another son, Kennedi
Brown, ran from tlie building. Aurelia said Kenneth has
psychological problems and is
frightened of the pohce. Pohce
chased Kenneth, although his
description is dramatically different from Justin's physical description. Kenneth ran back into
the house and dialed 911. It is
believed a transcript of the call is
available from the Detroit Lakes
dispatcher.
Because of the smallness of
the community, where everyone
knows each other, Ms. Brown
feels the policemen knew the difference between her two sons.
The police pulled Aurelia from
her home, dragged her off tlie
deck. They pushed her down the
three steps and told her she was
under arrest. She either fell or
was pushed to the ground and
handcuffed. They told her to
get up; she was unable to do so
because she was handcuffed and
lying on her stomach. They continued to yell at her to "get up."
Her eleven-year-old granddaughter was a witness to this
scene. She cried repeatedly to
the police to "leave her alone."
Aureha's three-month old son
was left alone in the house wliile
this scene was going on.
Julian, an 18-year-old son,
tried to assist his mother but was
unsuccessful. He was maced
by pohce for his efforts on her
COMPLAIN to page 4
Students questioned in school must be given
Miranda warning, court rules
By Jeff Armstrong
'Hie Minnesota Court of Appeals ruled this week that students involuntarily questioned
by police in school must be informed of their Miranda right to
remain silent if such testimony
is to be used in court. Reversing
a lower court ruling, the appeals
court held diat statements made
in die absence of such a warning
were inadmissible in court.
"If a Miranda warning is not
given, and the statements are not
made voluntarily, it is error to
admit those statements as evidence," wrote judge Randall for
the diree-judge panel.
The juvenile, referred to in the
ruling as M.A.K., was adjudicated delinquent by a St. Louis
County district court on 3rd
degree burglary charges for allegedly participating in the theft
of three six-packs of beer from a
garage. Escorted from his classroom by school officials at the
request of police, M.A.K. admitted to his presence at the scene
of die incident. In court, the
juvenile moved unsuccessfully to
suppress his statements to police
on constitutional grounds, as is
necessary to raise the issue on
appeal.
On appeal, the court crucially
ruled that under the circumstances M.A.K. was held against Iris
will for a custodial interrogation,
rather than in a voluntary sitoa-
tion he was free to leave.
"An in-school interview be
tween police and a juvenile can
be construed as custodial if the
juvenile is not told he is free
to leave or to refuse to answer
questions; is not told he can
contact his parents; is brought to
the examining room by people
affiliated with the school administration (rather than asked
if he would like to come); and
is not given a pass back to class
until police are satisfied with his
statements," the appeals court
ruled.
Having determined that the
student's testimony must be
excluded, the appellate court
turned to the issue of whether
there was other evidence suf-
STUDENTS to page 5
Interior undervalued pipeline right of way across Navajo lands
Millions of dollars lost, records missing, destroyed
By Jean Pagano
Citing Chippewa Indians
of Minnesota v United States
(1940), Cobell v Secretary of
Interior (Cobell) Special Master
Alan Balaran released a report
critical of the Department of
Interior's valuation of Pipeline
Right of Ways (ROW) on Na-
v;ijo laud. The report, detailing
a site visit to die Office of Appraisal Sendees in Gallup, New
Mexico and die Bureau of Indian
Affairs (BIA) Realty Office in
Window Rock, Arizona has uncovered that millions of dollars
in under valuations for gas pipeline ROWs.
At issue is die fact diat non-
Native and tiibal lands received
much higher ROWr fees for pipe
lines diat crossed diem than did
die owners of allotted lands. Allotted landowners have the proceeds of the ROW fees placed in
Individual Indian Money (IIM)
accounts, the administration of
which is currendy under scrutiny
in Cobell.
Complicating the process of
examining ROW fees is die fact
diat supporting documentation
for the appraisals was lost, destroyed, or otherwise missing.
Additionally, representatives of
gas and oil companies dealt directiy with allottees that did not
get die benefit of die Department
of Interior's trustee role in assuring diat allottees got dieir fair
share for ROWs.
In Chippewa Indians of Min
nesota v United States, inexperienced and incompetent appraisers hired by the Secretary of
Interior undervalued timber sold
by the Chippewa. The Court held
that the appraisers violated the
Act of January 1889 requiring
the examination of trust lands to
be "careful, complete, and dior-
ough." Additionally, under the
Nez Perce Tribe v United States
(1966), a disparity of 33 1/3 percent in the value of a commodity was deemed a breach of die
Secretary of Interior's fiduciary
obligations towards the tribe.
Special Master Balaran reported that Navajo allottees were receiving between $25 and $40 per
INTERIOR to page 5
Bemidji police
investigating
toxic reactions of
youths at prom
By Jeff Armstrong
A March 25 school prom for
clients of a residential youdi
home in Bemidji turned into a
nightmare for diose in attendance when drinks served at the
event apparendy induced vomiting and other physical reactions
in the children.
County Attorney Tim Faver
said 13 residents of the Gilfillan
youth treatment facdity were
taken to North Country Regional
Hospital for examination and
released without incident.
"Law enforcement received
a report that something had
been placed in the soft drinks at
Wayne's World (skating rink),"
said Faver. "The matter is still
under investigation, so there is
no public information available."
Bemidji detective Mark Nelson adamandy denied reports
that die drinks had been laced
widi methadone, a powerful
narcotic used in the treatment of
heroin addiction.
PROM to page 6
Two Red Lake men arrested on
charges of gunstore burglary
Minneapolis—Two brothers
who allegedly burglarized a
gunstore in Warroad, MN were
arrested on August 14,2003 on
the Red Lake Indian Reservation.
Stephen Wayne Howard,
age 21, and Brandon George
Howard, age 24, both from Red
Lake, were arrested on charges
of gunstore burglary brought by
a federal grand jury on August
12, 2003. The indictment was
sealed pending the arrest of the
Howard brothers.
The grand jury alleged in
the indictment diat on July 28,
2000, Stephen and Brandon
Howard stole 21 firearms from
Johnny's Sporting Goods in
. Warroad, MN.
If convicted, the defendants
each face a maximum potential
penalty of ten years in prison
and/or a $250,000 fine. Any
sentence would be determined
by a judge based on the federal
sentencing guidelines.
The case is the result of an
investigation by the Bureau of
Alcohol, Tobacco, Firearms and
Explosives, the Roseau County
Sheriffs Office, and Red Lake
ARREST to page 7
Red Lake man sentenced for
illegally dispensing liquor
Duluth, MN-A 68-year-old
Red Lake man pled guilty and
was sentenced for illegally dispensing liquor.
Raphael John Gurneau, Sr.
pled guilty to a misdemeanor
count of dispensing intoxicants
in Indian Country. Magistrate
Judge Raymond Erickson sentenced Gurneau to three years
probation and ordered liim to
pay a fine of $2,441. The intoxicants that were seized during
the investigation were ordered
forfeited to die government to be
destroyed.
The case is the result of an
investigation by Red Lake Law
Enforcement and was prosecuted
by Assistant United States Attorney Clifford Wardlaw.
Federal prosecutor says tribal law enforcement is
spread thin
By Renee Ruble
Associated Press
WALKER, Minn. - American
Indians are fighting metham-
phetamine wltile tribal courts are
batding for recognition, officials
widi die LIS Justice Department
told a national gathering of tribal
and state leaders Saturday.
"Mediamphetamine has become an epidemic in our Indian
Country," said Jan Morley, assistant U.S. attorney based in Washington, D.C. "We're losing our
children to diis drug war and we
need to take our children back."
The Justice Department in
Indian country was die focus of
tlie final day of the annual Governors' Interstate Indian Council
hosted by the Leech Lake Band
of Ojibwe. The two-day event
brought together some of die 36
states that have created couneds
to serve as a liaison between
tribal and state governments.
Morley, who grew up on die
Turtle Mountain Reservation in
North Dakota, said Indians have
loo few resources spread across
too much geography - especially
in rural areas - to combat drugs.
"We need to start pooling our
state, federal and tribal resources," Morley said. "We need to
make (drugs) our war."
Anodier major issue is homeland security, she said. Some
tribes don't have the funds to
police dieir borders with Canada
or Mexico.
Nationally, there was a significant jump in major crime in Indian country in 1999-2000, and
shght increase in the years since
then, said Keith Hanzell, FBI
special agent based out of Bemidji in north-central Minnesota.
The FBI opened 1,887 new
cases in Indian country in 2001,
according to die most recent figures available. That includes 615
cases of sexual abuse of children
and 433 assaults. It also includes
184 death investigations.
Hanzell said 73 percent of the
FBI money spent in Indian country' for 2003 went to training,
mainly for tribal law enforce-
LAW to page 3
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Volume 16 Issue 11
August 29, 2003
AP Photo/Be)lingham Herald. Mame Bums
Jewell James, left, and his brother, Douglas, carve a totem pole while Charly Moore adds paint at
the James' home on the Lummi Indian Reservation near Bellingham, Wash. Jewell said they are
making the totem to honnor war veterans and "unsung heros". They are giving it to the town of
Shanksville, Pa., where United Airlines flight 93 crashed after terrorist took it over September 11,
2001. Jewell choose the design of a bear holding two humans because he thought the people on
the plane "had to have the strength of a bear to do what they did."
Tribe makes second totem pole honoring victims
of terror attacks
Associated Press
BELLINGHAM, Wash.
- A year ago, carvers from the
Lummi Tribe crafted a 13-
foot-tall "healing pole" and
hauled it to a New York state
park to honor diose who died
hi the Sept. 11,2001, attack on
die World Trade Center.
This year, the tribe has
made a second totem pole
for the Shanksvdle, Pa., site
where United Airlines Flight
93 crashed on diat same day
after the passengers tried to
wrest control of die plane
from terrorists.
Carver Jewell James said
he chose the design of a bear
holding a human because die
passengers "had to have die
strength of a bear to do what
they did."
James wdl oversee delivery
of this pole as well. He and others accompanying the Honoring
Pole planned to head east on
Tuesday, after a ceremony in
Blaine, just north of here, to be
attended by Shanksvdle Mayor
Ernest Stull.
"It seems as though the world
might have forgot those people
on board that aircraft and the
grief that their families had to
endure," said tribal chairman
Darrell Hillaire. "This totem
pole is the highest honor that we
can give as Coast Salish people
to commemorate those fallen heroes."
Next year, James hopes to
deliver two 20-foot totems and
an arch to the Pentagon, the third
and final site of the terrorist attacks.
He wasn't planning a series
when he began carving the first
pole last summer. The continued
work, he said, has its roots in
signs from people and dreams.
"I'm of die opinion that things
happen because they are supposed to," James said.
The Honoring Pole wdl be
raised near the crash site, a field
where hundreds of other memorials have sprung up.
"I see those individuals that
took charge of that as people
who didn't want their fate decided for them," said Frank
Cordero, a Lummi veteran of
the Vietnam War who wdl travel
with the Honoring Pole.
"We want to have the right to
decide our fate, even if it means
the ultimate sacrifice."
A chance meeting on last
year's crosscountry journey with
TOTEM to page 6
Governor
discusses
improving
American
Indian health
at gathering
By Renee Ruble
Associated Press
WALKER, Minn. - Gov.
Tim Pawlenty welcomed a
national gathering of state
and tribal leaders to tlie Leech
Lake Reservation with a
renewed commitment to narrowing the gap in health and
economic disparities between
American Indians and other
racial groups.
"We need to make sure
that we don't lose sight from
GOVERNOR to page 3
Analysts say Democrats scrambling
to find Senate candidate
By Steven K. Paulson
Associated Press
DENVER - The U.S. Senate
race hi Colorado could draw
intense interest across the nation
next year if Democrats successfully recruit Rep. Mark Udall or
Gary Hart to challenge GOP incumbent Ben Nighthorse Campbell.
LWall is considering a campaign at tlie request of Democratic leaders, his spokesman,
Lawrence Pacheco, said Monday.
Hart, who decided against a
presidential campaign this year,
also is listening to leaders who
are urging him to run, Colorado
Democratic Part)' Chairman
Chris Gates said.
Hart did not return two phone
calls seeking comment Monday.
The Democratic push is being
orchestrated by national leaders,
including Sen. Jon Corzine of
New Jersey who is die party's
Senate campaign committee
chainnan.
Jennifer Duffy, Senate editor
for the Cook Political Report,
said Democrats are convinced the
political landscape in Colorado
has changed and it is no longer a
Republican stronghold. She said
Campbell has never been a good
fund-raiser, and if Hart entered
the race it could be close.
Denver pollster Floyd Ciruli
said the candidate search is an indication of how desperate Democrats are. "This is a seat they'd
hate to simply forfeit," he said.
The race will cost at least $4
million per candidate, he said So
far, Campbell has raised less than
SI million.
Campbell, 70, the only native
ANALYST to page 3