The Ojibwe News / Native American Press (Bemidji, Minnesota), 1998-03-06

              Supreme Court rulings may affect
Mille Lacs treaty case
Attorney General refuses to allow supporting brief
By Julie A. Short ridge
The state of Minnesota and the Mille
Lacs Band of Chippewa agreed to a
"Treaty Conservation Code" last year
in which the state agreed to share
jurisdiction with the tribe in the 1837
treaty area in east-central Minnesota.
But recent rulings by theU.S. Supreme
Court make it appear that the state's
agreement with the tribe, and the
federal district court's order that the
state and tribe create such an
agreement, may be unconstitutional.
"The Attorney General is exposing
the state to possible lawsuits because
they had no business entering into
that agreement with the tribe," said
Lana Marcussen, an attorney with the
Center for Individual Rights and
Constitutional Accountability in
Albuquerque, New Mexico.
Marcussen is attempting to submit a
"friend ofthe court" brief in support of
the State, Counties, and Landowners
in the Mille Lacs treaty lawsuit.
"The federal court ordered the state
and tribe to come up with a stipulation
agreement, but the state should have
refused to do it," said Marcussen. "A
federal court has no authority to reestablish an extinguished treaty right
and then order a state to enter into a
contract with a tribe. The federal court
in effect ordered the state to
discriminate based on race regarding
conservation regulations in the 1837
treaty area. By agreeing to do so, the
state couldbe liable for discrimination
if the treaty area is deemed not to be
'Indian country,'" said Marcussen.
"A federal court has no authority to
re-establish an extinguished treaty
right and then order a state to enter
into a contract with a tribe."
Supreme Court reviewing many
Indian cases
. Based on aU.S. Supreme Court ruling
February 25 inwhat'scalled the Venctie
case regarding the Athabascan Indians
in Alaska, it appears unlikely that the
land the Chippewa sold to the federal
government in the 1837 treaty in what
is now east-central Minnesota could
ever be considered "Indian country."
According to an Associated Press
article, the Athabascan Indian tribe in
the villageofVenetie in north-central
Supreme/to Pg 3
Loans on casino costing White Earth nearly
$1 million in annual property taxes
By Gary Blair
The Oct. 30, 1997 mortgage ofthe
White Earth reservation's Shooting
Star Casino was not the first time that
tribal officials used their "cash cow"
to generate revenue since its
construction in 1991. Sources say the
casino mortgages have prevented the
reservation from taking the land into
trust and off Mahnomen County tax
rolls, costing White Earth $890,372 in
real estate taxes last year.
However, since this latest loan for $6
milllion was discovered, protests
against the reservation's tribal council
have been launched by a small group
of enrolled members leery of any high-
stakes deals involving their officials.
Yet it was former reservation tribal
council chairman Darrell "Chip"
Wadena and secretary/treasurer Jerry
Rawley, both now imprisoned for
corruption, who have added to this
latest round of unrest on the
reservation. It was at their hands that
more then $ 1 million was stolen from
tribal members during the construction
ofthe casino through the use ofa bid-
rigging scheme.
Wadena and Rawley were the first
council members to mortgage the
casino, which occurred on Mar. 1.1994.
That loan was for $ 10 million and, as
with this latest mortgage, there was
no public notification given before the
deal was signed.
According to a White Earth tribal
council news release dated Feb. 27,
1998, the latest loan increased the
profit margins for the casino. They say
the previous loan increased the former
casino management company's share
of the profits. As with this latest
mortgage, Wadena and Rawley also
waived die tribe's sovereignty in order
to receive the loan and they never
issued a public financial statement to
enrolled members on how the money
was used. Neither of the mortgage
documents registered with
Mahnomen County indicated that the
White Earth tribal council ever enacted
resolutions or issued any public
statements to approve such loans.
According to documents obtained
from Mahnomen County Recorder
Veron E. Otto, the casino was
mortgaged Mar. 1, 1994 by Wadena
and Rawley to Miller and Schroeder
Loans/to pg 6
Alaska natives 'deeply disappointed1 by
U.S. Supreme Court ruling
ANCHORAGE. Alaska (AP) -The
Athabascan Natives who live in the
village of Venetie are "very
disappointed" but not surprised by a
U.S. Supreme Court decisionthatfound
they do not have broad regulatory and
taxing powers. And the 350 residents
ofthe village don't expect their daily
life to change much as a result ofthe
unanimous decision handed down by
the court Wednesday. "I've been on
this earth ever since I was born, and
my father before me and his father
before him for 10,000 years.  So
nothing'sgoingtochange,"said Ricky
Frank. 37, a member of the village
council. Venetieis414milcsnordtcast
of Anchorage. Thejustices found that
the village of Venetie was not "Indian
country."
The ruling stemmed from a 1986
incident in which the village tried to
impose a tax on a contractor who was
building a school in the village. Had
the ruling gone theother way. the tribe
would have gained authority over
huntingand fishing, law enforcement
and environmental regulations in an
area about the size of Delaware. It also
would have opened the possibility
thatrnorv
would have jurisdiction over tens of
thousands of acres.
The ruling was a victory for the state,
which had argued that, if Indian
country existed in Alaska, it would
have created competing jurisdictions
and crippled the state's ability to
enforce regulations. State officials took
care not to celebrate their victory in the
case, which has strained relations
between Native and non-Native
Alaska/to pg 5
Babbit predicts state opposition to casino
WASHINGTON (AP) - Plans by
Interior Secretary Bruce Babbitt to give
American Indians greater leverage
when negotiating casino compacts
with states will be challenged "by
unhappy people on all sides," he
predicts. Babbitt's proposal of federal
intervention occurs while Chippewa
Indians accuse the government in a
U.S. District Court in Madison, Wis.,
of letting political money defeat their
plans for a casino near Hudson, Wis.
The National Governors Association
this week approved a resolution saying
that Babbitt overstepped his authority
when proposing the department step
in when tribes have trouble getting
casino permission from states. Tribes
that want to offer more gambling than
their states will permit have been
without recourse since the Supreme
Court ruled in 1996 that states were
immune to tribal lawsuits. Federal law
requires states to negotiate agreements
with tribes to set rules and limits on
gambling. Several states have refused
to reach such deals, however, arguing
that tribes wanted to have slot
machines and other devices that are
banned by state laws. Babbitt's plan
would allow him to impose settlements
on states.
Congress has barred the department
from intervening in any disputes during
the 1998 budget year, which ends Sept.
30. "The courts are not speaking very
clearly on this issue," Babbitt said
Friday during a meeting ofthe National
Congress of American Indians. Tribal
lawsuits are pending in at least five
states: Florida, California,
Washington, Michigan and Louisiana.
Babbitt's action could affect other
states where existing gambling
agreements arecoming up for renewal.
Wisconsin Gov. Tommy Thompson
is talking with several tribes about
renewing their compacts, which begin
expiring in August. Babbitt was warmly
received by the Indian audience. He
repeated his pledge to fight charges
that he lied to Congress last year when
explainingwhy hisdepartment rejected
the Chippewa casino petition in 1995.
The Chippewa contend the
administration was influenced by
political donations from Minnesota and
Wisconsin casino-operating tribes
that did not want the Hudson
competition. Attorney General Janet
Reno has asked for an independent
counsel to investigate Babbitt's
comments. Reno said Babbitt "may
have testified falsely" at a Senate
hearing.
Tribes wrestle with how to redistribute
federal dollars
WASHINGTON (AP) -Tribal leaders
are struggling to find a way to
redistribute federal money so more
goes to the poorest reservations.
Currently, wealthiertribesoftenreceive
far more money in proportion to their
population than poorer ones. The
wealthier tribes, however, say they
still need federal help, and needier tribes
argue against any radical redistribution
of funds. "Because one area has more
than another does not mean that it
deserves less," Bernida Churchill, an
official with Minnesotas MUle Lacs
band of Chippewa, told the Senate
Indian Affairs Committeeon Thursday.
"There is demonstrated unmet need
almost everywhere in Indian country."
Her tribe, which hastwo ofthe nation's
most prosperous tribally owned
casinos, receivesabout$l,000 per tribal
member in federal aid, up to lOtimesas
much as some poorer tribes.
Congress set aside $23 million in tribal
funding this year and directed the
Bureau of Indian Affairs to come up
with a new way to distribute it. But a
task force of tribal leaders couldn't
agree on any method other than to
divide the money evenly among the
bureau's 12 geographic regions. "It
was the best we could do," said Kevin
Gover, the Interior Department's
assistant secretary for Indian affairs.
Gover said the bureau does not yet
have a consistent way of measuring
tribal needs from one reservation to
Casino loans costing more than interest, pg. 1
Alaska ruling may affect Mille Lacs, pg. 1
Squaw Lake seeks defense from deputy, pg. 1
Mayan rebels to renew talks, pg. 3
Blood quantum formula for genocide, pg. 4
American Indian Equal Justice Act, pg. 8
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Community seeks protection from deputy
By Jeff Armstrong
Squaw Lake community members
have charged an Itasca County
sheriffs deputy with waging an extra-
legal campaign of harrasment.
intimidation and abuse against
Anishinabe residents of the Leech
Lake Reservation village. Concerned
residents will hold a meeting at the
Inger community center Tuesday,
March 10 at 7 p.m. to determine what
steps can be taken to protect their civil
and constitutional rights.
Laura Therriault said deputy Darin
Shcvich forced his way into her home
last January, then threatened to arrest
her and remove her two-year-old niece
from the home in an effort to enforce a
restraining order against her
boyfriend, Jeff Moreno.
"I tried closing the door and he put
his foot in the door. He put it in
sideways so I couldn't even close the
door," Therriault said. "Then he
pushed the door open. I said, 'Do you
have a search warrant?' and he
wouldn't answer me.
"He grabbed my arm and moved me
out of the way so he could get in the
house. My little niece was laying on
the mattress on the floor and she
didn't have any pants on. She was
only two-years-old and it was cold.
He stood there with the door open,"
said Therriault. "I felt violated. I felt
like I was in a foreign country where
anybody could just go in my house."
Both Moreno and Therriault say the
restraining order is a mistake, and have
tried, thus far without success, to
have it lifted. The order goes so far as
to prohibit third-party contact, though
Moreno says he is accused only of
"possibly" striking her leg, a charge
he denies.The 29-year-old Leech Lake
man says he sustained minor injuries
in the incident.
But Moreno said he violated the
court order only after the sheriffs
department refused to allow him to
make arrangements to pick up his
clothes from the home he had shared
with Therriault for three years.
"I left about three different messages
with the deputies, but they wouldn't
pick my clothes up and they wouldn't
let me do it. After more than two weeks
of wearing the same clothes, I had to
do something," said Moreno.
When deputy Shevich arrived,
Moreno hid in the basement. He says
he turned himself in after overhearing
the deputy's threats to the woman he
loves. "She's supposed to be the
victim, and he treated her like a
Deputy cont. pg. 5
Court has 90 days to make Aubid decision
ByMarkStodghill
Duluth News-Tribune staff writer
ST. PAUL, MN - Jamie Lee Aubid is
the only one ofthe five men accused of
taking part in the kidnapping, beating
and murder ofPaul Antonich who made
no statements to police.
In a 32-page brief to the Minnesota
Court of Appeals, assistant state
attorney general Catherine Keane
wrote that without the statement of
Aubid's co-defendants, "there is some
question whether the prosecution can
even put (Aubid) at the scene of the
murder. There is no evidence putting
himthere (nor) are there fingerprints or
Woodwork."
That's why Keane told a three-judge
panel at the Court of Appeals
Wednesday that it is "essential" to
Aubid's prosecution that the
statements to police and the court
testimony of three of Aubid's co-
defendants be allowed into evidence
at his trial.
Keane said that evidence will prove
that Aubid, 22, of Duluth took part in
the kidnapping and beating of
Antonich and that he provided the. 22-
caliber pistol used to kill the Two
Harbors 17-year-oldon Aug. 28,1996.
She argued that the "totality of
circumstances" make the co-
defendants' statements reliable.
Lester Greenleaf and Andy De Verney
testified at their trial last fall that Aubid
took part in the kidnapping and that
the murder weapon belonged to Aubid.
Greenleaf and DeVerney were
convicted of first-degree murder.
. In a statement to police three days
COUrt/to pg. 3
another.
Another task force will be formed this
year to work further on a new
distribution system, he said. When the
government started funding tribes in
the 1930s, the money was apportioned
according to population. Over time,
due to political connections and other
reasons, disparities developed and the
gap grows year by year because annual
increases are handed out at the same
rate for every tribe.
The bureau funds almost every
function of tribal government on
reservations, including social services,
law enforcement, land management
and road maintenance. This year's
budget forthetribes is $759 million.
Cherokees gather tb reflect on year's strife
TAHLEQUAH, Okla. (AP) -
Cherokees marked the one-year
anniversary of tribal feuding
Wednesday by wearing black
armbands and gathering at the
courthouse where argument turned to
blows last summer.
Government ofthe 193,000-member
tribe was split apart over a search
warrant executed Feb. 25, 1997, at
Cherokee headquarters. Pat Ragsdale,
a marshal serving the search warrant,
lost his job that day. Other marshals
were eventually fired.
An attempt was made to impeach the
high court, lawsuits were filed and the
U.S. Bureau of Indian Affai rs took over
law enforcement in the tribe's 14-
county area of jurisdiction.
Opponents ofPrincipal Chief Joe Byrd
used the anniversary Wednesday to
demand that Byrd recognize die court's
authority and explain how money was
spent in the past 12 months. Byrd's
critics claim that the yearlong turmoil
stemmed from an effort to cover up
financial crimes. Byrd denies
wrongdoing and blames the
controversy on politics. "It is apparent
that we are in the midst of some difficult
times," Byrd said in a statement
Wednesday. "But I am encouraged by
theopenandfrankdialogue." Ragsdale
said a group of 35 to 50 people got
together at the tribal courthouse
downtown and then left together in
hopes of meeting with Byrd at tribal
headquarters. "They put a container
of coffee outside and said we couldn't
come in," Ragsdale said ofthe arrival
at tribal headquarters.
"It's denigrating to have people stand
out in the rain. People were denied
their constitutional right toassemble."
Five of the protestors - all of them
Tribal/to pg. 3