Native American Press / Ojibwe News (Bemidji, Minnesota), 2004-01-16

              INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
College administrator
found guilty of fraud
page 3
First offer to Ho-Chunk
on casino was lower
page 3
The Amicus
Curiae Brief
page 4
Mille Lacs Band of
Ojibwe, 20th Annual
State of the Band
page 4
Recent shootings
at Red Lake call
out for change
page 4
Leech Lake LICs to determine Casino or Marina
VOICE      OF      THE      PEOPLE
By Diane E. White
"Former Chairman Hartley
White spoke on behalf of Kego
Lake LIC stating, "Kego Lake
does not support a new casino or
marina, but supports 100 homes
and White Oak expansion."
CASS LAKE, MN: The 17
Leech Lake Local Indian Councils (LICs) were summoned by
Chairman Pete White to recommend whether the Shingobee
property should be a Casino or
a Marina. White told Chairpersons they are die Tribe's legislative arm and promised monthly
meetings. Each LIC chair was
paid S50 to attend die meeting.
White expects die LICs to decide on die fate of die Shingobee
property by Friday, January 16.
This meeting came about after White promised die District
Representatives supervisory
authority over the Business
Corporation at the January 2
Quarterly Meeting. District III
Representative, Richard Robinson commented, "The Tribal
Council signed a Letter of Intent
to remodel the Shingobee, not to
purchase land for a parking lot."
This was in response to White's
account of recent events where
he stated he was against the
Craig Potts investment deal even
diough he was at the ground-   ,
breaking ceremony in September and touted die plans in local
newspapers and at Cass County
board meetings. He also stated
diat it is the District Representa-
dves duty to inform die LICs of
government activities, including
economic development.
The LICs were not an easy
crowd to convince dial the Shingobee Casino and/or Marina
was die reason diey were there.
Many LICs asked White, why
now, when construction had
already started and plans had already been laid out by bis staff?
The LICs requested the meeting
be videotaped in order to keep
White accountable to his promises. They also requested hard
copies of all information in order to make a recommendation
based upon credible data. They
received copies of Resolution
04-45 and the Powerpoint presentation. In that presentation,
die forecasted revenue from
Shingobee was stated at $125
per machine, a figure diat White
repeatedly stated at the Quarterly meeting was "overstated."
The audience asked to hear
specifics about how did revenue forecasts come about, and
how are current projects being funded. White stated that
two projects were funded from
Garning's Capital Expenditure
Account: $1.6 million to expand
White Oak; and $1.4 million to
improve the ticket-in/ticket-out
computerized slot system. However, in both die Marshall Group
loan mid previous Marketing
Underwriter's Group (Potts)
investment, LLBO continues to
ask for $ 1.5 million to finance
the White Oak Expansion.
White also guaranteed cash flow
from 87 slot machines at White
Oak lo support the debt inclined
from die Marshall Group. These
slot machines arc secured in die
N Idewakanton Sioux/Bremer
Bank $51.5 million loan agreement.
The LICs raised a concern
about the status of Shingobee
being "In Trust" after the
October 17, 1988 (die IGRA
enactment date), thus creating
additional barriers to placing a
casino on die spot. Tribal Attorney Frank Bibeau submitted
LICS to page 5
Court issues top Red Lake Tribal Council agenda
By Bill Lawrence
At its regular monthly meeting, January 13, die Red Lake
Tribal Council took several
actions regarding die Tribal
Court. Following a discussion
regarding problems in die Court
and the lack of a permanent
Chief Judge since die departure
of Shirley Cain last June, Representative Jim White moved to
appoint Joe Johnson as interim
Chief Judge. Motion was seconded by Roman Stately and
carried on a 7-0-3 vote. Council
members Judy Roy, Al Pember-
ton and Rudy Johnson abstained
from voting. Joe Johnson is a
Red Lake Tribal member and
a resident of the reservation.
He holds a degree in Criminal
Justice from Bemidji State LTni-
versity. He will take office immediately.
The Court is perceived by
many as being ineffective.
There are a reported 300-500
backlogged cases. There is a
perception diat certain prosecutors and lay advocates have
too much influence in court
decisions and too many cases
are being dismissed on technicalities. Documentation is
inadequate or lacking. Johnson
is tasked with solving these and
other problems that exist in die
Court.
In a related matter, the
Council authorized funding for
an independent analysis of the
Court system. The intent is to
hire an impartial, third part to
investigate the condition of the
court and make recommendations for redressing the issues.
The Council, because of the
seriousness of alcohol related
problems on die reservation,
voted unanimously lo increase
die penalty for alcohol related
offenses and redesignated such
offenses as gross misdemeanors.
Hie penalty for gross misdemeanors could be as much as
one year in prison and a $5,000
fine.
Dan Charnowski, Tribal
Court Administrator, was authorized to apply for a $150,000
Court Enhancement Grant.
The Tribe would be required
to match $20,000 of the grant
amount if approved.
In Other Business, the
Council failed to pass a motion
rescinding lay advocate licensing for Donald Cook, Sr. Chairman George "Billy" King was
the determining vote, breaking
the 5-5 tie. Members Roy, Pem-
berton, Johnson, Hardy, and Seki
voted against taking away the
license; Representatives Stately,
White, Barrett, Green and Thunder supported the motion. The
motion arose as a result of a
question as to whether or not the
license had been legally restored
alter a previous suspension.
The Council approved an
expenditure of $20,000 from
various tribal funds to use as a
reward for information leading
to the apprehension of those
involved in die shootings on the
reservation.
Council discussed the upcoming tribal elections. An
ordinance approving the primary
and general elections and establishing die filing deadlines
and election dates will be on the
February agenda.
A Homeland Security Committee was established to assist
and coordinate activities of Ih
several departments e.g. law
enforcement, Emergency Medical Services, DNR, die Fire Department.  The coimnittee will
also be charged with seeking
grants and funding from federal
sources.
Tribal Treasurer Seki reported diat the financial reports for
December would be available
later diis month.
Red Lake
shooting
suspects
identified
A reliable source al the
Red Lake reservation reported to PRESS/On that
two individuals suspected
in the Red Lake shootings
have been identified and
are in the custody of the
Red Lake Tribal Police.
Authorities are awaiting die
preparation and delivery of
criminal complaints by die
Federal Bureau of Investigation. It is assumed that
federal charges will be filed
against these individuals.
Criminal complaints issued by the FBI require die
signamre of a federal judge
and need to be followed up
by indictments within thirty
davs.
Health and Human Services
'brightens' new Health Care Report
By Jean Pagano
The Department of Healdi and
Human Services, prompted by
Secretary Tommy Thompson,
has scrubbed the new National
Healdicare Disparities Report
to downplay die disparities
between races and die healdi
care that they receive. While acknowledging that disparities exists in healdicare between racial
groups, specific details of the
issues were dropped in die final
report. Whereas the disparities
were designated as a "national
problem" in an earlier draft, diis
wording is not to be found in die
final Executive Summary.
While die Executive Summary may have put a positive
spin on the issues of healdi care
for racial and ethnic minorities,
the National Healdicare Disparities Report (NHDR) contains a
wealth of information. NHDR
states diat "people of lower socioeconomic status (SES) and
racial and ethnic minorities have
in the past experienced poor
healdi and challenges in access
ing high quality care."
Concerning die topic of Racial
and Ethnic Differences for the
Effectiveness of Care for Breast
Cancer, NHDR states that American Indians/Alaskan Natives
receive poorer quality health
care than white populations for
the screening of breast cancer,
whereas screenings for cervical
and colorectal cancers are about
die same as with whites.
The management of end-stage
renal disease was equal to white
populations while die access to
renal transplants was less than
die same comparative population. On the topic of diabetes,
which is rampant in Native
communities, the information
gadiered "do[es] not meet the
criteria for statistical reliability",
and dierefore no determination
is made compared widi white
counterparts.
The screening for high blood
pressure was die same widi Natives as with the general populations, but the screening for high
REPORT to page 7
Gunfire brings FBI to Red Lake
By Randy Furst
Star Tribune staff writer
Federal agents have gone to
the Red Lake Indian Reservation
to help search for suspects who
raked the homes of tribal police
officers, police headquarters and
the jail with gunfire last weekend.
'The fact that no one was injured or killed was a miracle in
itself," said FBI spokesman Paul
McCabe.
A worsening drug problem
on the reservation combined
with a crackdown by authorities
is diought to have provoked the
shootings, although die FBI and
Red Lake police have declined to
specidate on a motive.
The tribal government and the
FBI are offering rewards totaling
up to $40,000 for information
leading to arrests. Residents
speak about a growing climate of
fear and outrage on die northern
Minnesota reservation, which
has a population estimated at between 8,000 and 9,000.
Six homes belonging to or associated with Red Lake law enforcement personnel were hit by bullets
eariy Saturday, and numerous
shots were fired at the new Red
Lake Detention Center and die
Red Lake Police Department.
'This is all because police are
trying to crack down on illegal
drug sales up here," said Francis
Bnui, the tribe's administrator for
self-governance programs.
"The drug problem seems to
be getting worse all die time,"
said Bill Lawrence of Bemidji,
publisher of the Native American
Press/Ojibwe News. "It seems to
be growing and getting into the
lower age group. It doesn't seem
to be adequately addressed and
prosecuted in tribal court"
Court personnel and police
are blaming each other for
inadequate handling of drug
cases, Lawrence said. The tribal
government recendy voted to
ban from the reservation anyone
convicted of selling drugs, and
it appointed a new interim tribal
judge this week.
Community meeting. A
community meeting to discuss
the problems is scheduled for
Wednesday evening.
In the meantime, federal officials are aiding Red Lake police.
Additional FBI agents have been
sent from Minneapolis to assist
the diree agents based in Bemidji,
and there has also been assistance
from die U.S. Marshal's office,
the Bureau of Alcohol, Tobacco
and Firearms, Bureau of Indian
Affairs criminal investigators and
FBI to page 3
web page: www.press-on.net
NaWiB
American
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A weekly publication.  Copyright, Native American Press, 2004
Founded in 1988
Volume 16 Issue 30
January 16, 2004
Nevada's dying pinon pines indicate 'beyond dry'
A dying pinon pine tree stands on the Pinenut Range in Carson City Nev., Wednesday, Jan. 7, 2004.
For thousands of years, American Indians carefully tended stands of pinon pines in Nevada. Surviving climate changes, stands of the odd-looking trees with twisting branches and stiff needles spread
through the West. But a recent phenomenon has scientists concerned. A few years ago, researchers
in several Western states started noticing shorter needles on the pinesandblack-powdery substances
around them. Then the trees started dying. (AP Photo/Nevada Appeal,Rick Gunn)
By Jill Lufrano
Nevada Appeal
i.'ARSON CITY, Nev. - For
thousands of years, American Indians carefully tended
stands of pinon pines in
Nevada. The Washoe people
would gadier nuts in die Pine
Nut Mountains and use them
throughout the year to toast
and make powder, stews and
salves.
Surviving climate changes,
stands of die odd-looking
trees with twisting branches
and stiff needles spread
through the West. But a recent phenomenon has scientists concerned.
A few years ago, research
ers in several Western slates
started noticing shorter needles
on die pines and black-powdery
substances around diem.
Then the trees started dying.
"When you see those start
dying, they're beyond just dry,"
said Kelly Redmond, climatolo-
gist widi die Western Regional
Climate Center in Reno.
"They belong here. They're
adapted to dry conditions.
When diey start showing stress,
they're telling you there's more
stress dian usual."
Tree experts are trying to determine what is killing off hundreds of pi nous, the state tree of
Nevada.
"People are starting to very
much watch these patterns of
mortality," said Connie Millar,
research geneticist at the Institute of Forest Genetics for the
U.S. Forest Service's Pacific
Southwest Research Station.
"We're looking at a regionwide
phenomenon."
In one grove south of Gard-
nerville along LIS. 395, as many
as 20 percent of the trees have
died in the past few years.
Scientists investigating the
tree deaths are focusing on the
effects of a four-year drought
that has gripped northern Nevada and neighboring states.
With a decent snowpack and
recent wet storms, the area
TREES to page 3
FBI, police
investigate series
of shootings at
Red Lake
Associated Press
RED LAKE, Minn. - New
information is coining in, but
no arrests have been made in a
series of drive-by shootings on
die Red Lake Indian Reservation, police said Tuesday.
The FBI said shots were
fired early Saturday at six
residences belonging to or associated widi Red Lake law
SHOOTINGS to page 6
Canadian accused of killing AIM
activist may get out of jail
By Carson Walker
Associated Press
SIOUX FALLS, S.D. - One
of two men accused of killing
an American Indian Movement
activist in Soudi Dakota may be
released from die Canadian jail
in which he's been held for six
weeks.
John Graham was arrested in
early December in Vancouver,
British Columbia, on a warrant from die United States that
charges him widi first-degree
murder.
He and Arlo Looking Cloud,
who was picked up in March in
Denver, are accused of killing
Anna Mae Pictou-Aquash on die
Pine Ridge Indian Reservation. A
rancher found her frozen body in
February 1976.
A I\ larch indictment accuses
Graham and Looking Cloud in
die fatal shooting of Aquash,
30, around Dec. 12,1975. They
would serve mandatory life prison terms if convicted. Looking
Cloud is scheduled to stand trial
AIM to page 6
Group questions state's casino inspection efforts
By Patrick Howe
Associated Press
ST. PAUL - State gambling
inspectors dispute allegations
that diey haven't aggressively
policed Minnesota tribal casinos and have mishandled
some inspection records.
The efforts of die Alcohol
and Gambling Enforcement
Division are being questioned
by the leader of a new group
called Minnesotans for Responsible Gambling. The
group was founded by David
Hoeh, who has previously
lobbied die Legislature to use
state-sponsored gambling to
help fund a baseball stadium.
The state was given limited
powers over tribal casinos
when it entered into compacts
widi the tribes in 1989. Those
powers vary, but focus primarily on verifying that video
games of chance such as slot
machines pay out between
80 and 95 percent of what
they take in, as required in
the agreement. Slate inspectors, in quarterly visits, also
inspect blackjack games.
Hoch has gone to lawmak
ers and reporters widi complaints diat the division can't
provide inspection records from
some of die largest casinos in
die state. He's posted die reports
on Ids Web site, www.mmg.org.
Hoch also said he's concerned
that state inspectors don't routinely remove slot machines
from play when they fail state
inspections.
"I believe they have failed
miserably in protecting the people of Minnesota,'' Hoch said.
According to the reports provided to Hoch, in three years
of inspection reports covering
110 casino visits, about a third
of all slot machines - usually
selected by inspectors at random
in blocks of five - failed to pass
inspection.
Nearly all of the failures were
because of minor hardware defects such as mechanical coin
meters that didn't work properly. In a handful of cases, the
software in die machines wasn' t
authorized for sale in Minnesota.
Norm Pint, special agent
in charge of die reviews, said
die failures were minor, and
wouldn't by themselves have
worked for or against gamblers.
The coin meters are "obsolete technology" diat, due to
advances since the compact was
passed represent die "third level
of redundancy" after software
reports and electronic meters, he
said.
Even dien, Pint said, malfunctioning meters don't tilt any
games in favor of the tribes.
In 15 years of inspections, he
said. "We've never found an instance diat I'm aware of where
the payback percentage was
off." '
He said the state sends letters to tribes telling diem of the
problems with the machines,
and in mm receives assurances
from die tribes the machines
have been fixed. But inspectors
do not verify diat failed machines have been fixed, he said.
"They don't need to cheat,"
said Frank Ball, director of
Alcohol and Gambling Enforcement. "They'll take all of your
money legally."
Ball said tribes on the whole
run good operations, and he said
INSPECTION to page 5