The Ojibwe News / Native American Press (Bemidji, Minnesota), 1998-10-23

              Trial underway for two Red Lake men
charged with first degree manslaughter
By Gary Blair
The trial of two Red Lake males
charged with first degree manslaughter
and two counts of aggravated assault
in the stabbing death of another
reservation male—began this week at
the federal courthouse in Minneapolis.
Witness's testified that they had
been drinking and dancing at the party
before the fatal fight broke-out. Others
said that they had tried to break-up
two separate fights that led to the
stabbing. One witness said that she
grabbed the victim as he came through
the crowd and fell into her arms with
short final words... Another told about
the victim's  painful attempts to tell
them that he had been stabbed...
Defendant's Roland "Jesse" Roy
and William Roy appeared on
Wednesday before Federal Judge,
James M. Rosenbaum for the May 24,
1997, death of Wesley Strong that
occurred during a high school
graduation party at a friend's home.
Attorney Scott Tilsen is representing
William Roy, and attorney Paul Engh is
representing Jesse Roy. Assistant
United States Attorney, Kenneth
Staffold, is prosecuting the case.
Strong had been one ofhis school's
star basketball players. In March of
that year, the team had been one game
away from winning the state basket
ball tournament. The stabbing of
Strong served to divide the family
group's involved-pitting one against
the other.
Because of these tensions, your
writer has chosen not to use the names
of the people who testified on
Wednesday, or to give the graphic
details that they described. The trial is
expected to last until Tuesday or
Wednesday of next week, after the
defense calls its witness. There will
once again be no winners in Indian
country when this verdict is finally
read.
On  Wednesday  afternoon.
Trial/to pg. 5
Tribes appeal to California voters to overturn
federal gaming ruling
By Douglas Casgraux
Los Angeles, CA— In a packed
federal courtroom, Judge J. Spencer
Letts handed down his decision
against Indian casino gaming. Siding
with federal prosecutors, Judge Letts
ordered "those gaming tribes not
signatory to the Pala Compact to
begin surrendering all of their gaming
machines beginning at the end of
October."
The judge, after several weeks of
deliberation, presented to the gaming
tribes two options, first to gradually
rum over all "slot machines" on a 25%
basis between November 1 and
February 1st. The second option was
to stop all non-compacted gaming by
December 4,1998.
"This is just an attempt to derail our
funding to keep our YES on 5
campaign from passing," stated
Waltona Manion, spokeswoman for
Californians for Indian Self-reliance,
Yes on 5. "By cutting our funding, the
Las Vegas/[Gov.]Wilson-backed
opposition will be able to outspend
us, they think. Either way it's an attack
on tribal sovereignty and keeping the
California tribes dependent."
Mark Macarro, spokesman and tribal
Chairman of the Pechanga Indian
Nation stated a press conference: "We
have no other choice! We will take the
second option and let the California
voters decide our future. We will keep
our doors open until December 4 and
with Prop 5's passage be open for
good."
And it seems that the voters agree.
In a pre-election poll taken throughout
the state, California voters on a
bipartisan basis seem to favor Prop
5's passage. According to the poll.
60% of voters surveyed are in favor
ofthe proposition's passage.
Not taking any chances, however,
lawyers representing the Morongo,
Soboba, Santa Ynez, Pechanga,San
Manuel, Agua Caliente, Twenty-Nine
Palms and Watsonville tribes have
filed appeals in Los Angeles federal
court seeking to overturn the Letts
Tribes/to pg. 8
Final   member  of  gambling-revenue
arbitration panel selected
SANTA FE, N.M. (AP) - The final
member of a three-person arbitration
panel that will hearthe casino-revenue
dispute between the state and the
Mescalero Apache tribe is an Arizona
State University law professor.
Paul Bender, who teaches U.S. and
Arizona constitutional law and Indian
law at ASU in Tempe. has agreed to
workatarateof$350an hour, according
to a letter sent to state officials by the
American Arbitration Association.
Bender joins Fred Ragsdale, a
Corrales lawyer and the arbitrator
representing the state Gam ing Control
Board, and Glenn Feldman, an Arizona
lawyer and the tribe's arbitrator.
At issue is whether the tribe should
pay the state  16 percent of its slot
machine revenues from the Inn ofthe
Mountain Gods, the tribe'scasino near
Ruidoso.
The association's letter says a
representative from the association
would be setting up a conference call
with all the parties between Oct. 26 and
Nov. 2 to schedule a preliminary
Arbitration/to Pg 3
Amendment seen as move to block growth
of Indian gambling
PHOENIX (AP) - Several U.S.
senators hope to tie an amendment
into the federal budget bill to block
explosive growth oflndian gambling
centers. The ArizonaRepublic reported
Thursday.
The senators are supported by the
Las Vegas casino industry and the
Christian Coalition in pushing an
amendment that, in effect, would give
states veto powerover any new Indian
casinos, the report said.
Arizona Sen. John McCain, a
Republican, called the amendment
unwarranted and ill-advised. Indian
gaming advocates say the amendment
could end the expansion of Indian
gaming, which generates more than $6
billion a year in revenues and is
considered a major economic
development tool for tribes.
At the end of 1997, 275 Indian
gambling operations existed in 28
states, including Florida. Tribes believe
the amendment goes against a 1988
federal law requiring states and tribes
to make good-faith efforts at reaching
casino agreements.
The Clinton administration "is going
up against a lot of political pressure
generated by the governors and by the
anti-gambling people and. frankly,
being generated by the casino industry
in Las Vegas," said Kevin Gover,
assistant Interior secretary for Indian
affairs. "Their theory is that a dollar
Amendment/to Pg. 8
Shoshone-Bannock tribes decry hazardous
waste settlement
POCATELLO, Idaho (AP) -
Shoshone-Bannock leaders contend
FMC Corp.'s agreement to settle
alleged violations of federal hazardous
waste laws at its elemental phosphorus
plant fails to protect tribal lands.
"The FMC corporation has no
intentions of ever removing any ofthe
hazardous waste that it produced on
site," Fort Hall Business Council
Chairman Keith Tinno said Monday.
In fact, the settlement "affirms their
right to keep it on the reservation
forever."
FMC agreed in the settlement filed
Friday in U.S. District Court to pay a
nearly $ 11.9rniHioncivil fine, the largest
ever collected under the Resource
Conservation and Recovery Act.
Federal regulators also said the
company will spend $158 miIIion over
the next four years to upgrade air and
hazardous waste treatment operations
at the plant on the Shoshone-Bannock
reservation.
But Tinno, business council member
Blaine Edmo and Richard Thompson,
the tribe's interim environmental
liaison, criticized the government's
agreement to give FMC until the end of
2002 to comply with air pollution and
hazardous waste laws while pollution
continues at the southeastern Idaho
plant.
"This means that the 40 years worth
of hazardous waste stockpiles, ponds
and landfills of slurry will remain, and
air emissions of toxic gases will
continue," Tinno said. The tribes are
evaluating whether to fight the
agreement in court, Thompson said,
while working with EPA and U.S.
Justice Department officials to resolve
theircomplaints.
The most serious ofthe government
charges against FMC was
mismanagement of ponds holding
ignitable and reactive phosphorus
waste.
That kind of storage is illegal because
ofthe hazardous effects that are blamed
for migratory bird deaths in the area.
FMC, a Chicago-based company
that generates $4.5 billion in annual
sales from 115 plants and mines in 24
countries, estimated its cleanup and
improvement costs under the
agreement will total $ 190 million.
Tribe's plan to sell water could affect entire
southwest
CHEMEHUEVI INDIAN
RESERVATION, Calif. (AP) - The
Mojave Desert ends abruptly on the
shores of Lake Havasu as the parched,
rocky soil suddenly gives way to
ca ttai I s and the calm, b lue water ofthe
Colorado River.
Edward "Tito" Smith stands on the
shore, gazing out over the water he
hopes will provide economic salvation
for his small and struggling American
Indian tribe.
The Chemehuevi Indian Tribe wants
to make Southern California pay for
some ofthe water that now slips silently
past the reservation on its way to fill
swimmingpools.bathtubsand drinking
glasses in Los Angeles and San Diego.
"We knew we had the water, and
year afteryear itjust keeps going down
there (to Southern California)," said
Smith, the tribe's vice-chairman. "Right
now we' re giving it away. Why let it go
down and let someone else use it for
free when we can lease it? We're apoor
tribe."
The.Chemehuevi proposal could be
the first skirmish in a new legal battle
over water in the desert Southwest.
Water officials in Arizona"and
California are lining up to oppose the
plan, saying it could throw the delicate
balance of water interests in the region
into chaos. The outcome of the fight
could determine how much water will
be available to growing desert cities
like Phoenix, Las Vegas and San Diego
_ and how much residents of those
cities will have to pay for that water.
Water/to pg. 3
Roys to face federal charges in stabbing
CA gaming issue to go to state referendum
White Earth draft constitution prepared
Leech Lake may be headed for extinction, pg. 4
Tribal members fear Supreme Court ruling, pg. 5
Tribes show solidarity with victim of brutal murder, pg. 5
Voice ofthe People
e-mail: presson@paulbunyan.net
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Mathte
American
Press
Ojibwe
News
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Volume 11 Issue 2
October 23,1998
A weekly publication.
Copyright Native American Press, 1998
Annie Humphrey, a talented singer/songwriter from Bemidji, Minnesota, will be appearing in upcoming
concerts in Minneapolis and St. Paul (see concert dates on page 8.) Humphrey was also a vocalist in the
recent Ordway play,Tribe.
WE RBC submits 'draft' constitution
By Jeff Armstrong
In its September issue of
Anishinaaheg Today. the White Earth
Reservation Business Committee
published a draft reservation
constitution it hopes will supersede
the existing governing document of
the six-reservation Minnesota
Chippewa Tribe.
Despite lingering questions as to
whether tribal officials can nullify the
existing (institution by methods other
than those enumerated therein, the
RBC has asserted its right to do so by
a 2/3 vote of "registered" WhiteEarth
voters. The constitutional proposal
also identifies the Treaty of 1867 as a
source of its authority, though it is
ambiguous about itsjurisdiction within
those territorial boundaries.
The draft constitution proposes the
establishment of four distinct branches
of government: a Grand Council, a
Central Council, an Executive, and a
Judiciary. The Grand Council would
consist of al 1 tribal members and wou Id
meet annually to approve the budget,
which would be prepared by the Central
Council. All inherent powers of self-
determination would be vested in the
Grand Council, whose approval would
be required for the "relinquishment" of
any jurisdictional or treaty rights, as
well as the sale or cession of land or
land claims. The Grand Council would
also meet upon petition by a certain
number of members and would have
the power to remove members ofthe
executive branch, to propose or
overturn resolutions of the Central
Council. It would have no control of
personnel matters.
However, the draft document reserves
the right of the Central Council to
employ "peace officers to enforce the
laws, regulations, resolutions, and
ordinances ofthe White Earth Ojibwe
Nation" without Grand Council
consent.
Made up of 21 elected delegates, the
Central Council would have broad
powers of government, essentially
controlling the policy-making and
administrative hiring functions. The
Central Council would appoint all
members of the Judicial branch and
retain the authority to remove judges
"for good cause" but only by vote of
16 Central Council members.
The Judicial branch would be made
up ofa trial court and a supreme court,
whose members would be licensed to
practice law inanystateof the U.S. and
have no previous felonies. Supreme
court justices would have final
Draft/to pg. 8
Red Lake man indicted on two counts of
aggravated sexual abuse against minor
MINNEAPOLIS, MN - A Red Lake
man was indicted Wednesday by a
federal grand jury on two. counts of
aggravated sexual abuse against a
minor, according to the U.S. Attorney's
Office.
Emery Joseph Beaulieau, 24, of Red
Lake allegedly "did knowlingly engage
or attempt to engage in a sexual act"
with an 11-year-old child, the indictment
states.
If convicted, Beaulieu facesamaximum
potential penalty of life in prison. The
case is the result ofan investigation by
the FBI and Red Lake Reservation law
enforcement, said the U.S. Attorney's
Office.
Three affiliated tribes vote on chairman in
Tuesday election
NEW TOWN, N.D. (AP) - No Three
Affiliated Tribes chairman has served
consecutive terms since 1974.
On Nov. 3. voters will decide whether
to continue that trend. Incumbent
Russell Mason hopes to stop the
revolvingdoorof the chairman's office.
But his opponent, tribal councilman
Tex Hall, is vowing to win by a
landslide.
Mason, 62, who returned to New
Town after a long career with the
federal Indian Health Service, said he
believes the Three Affiliated Tribes
would do better with him leading for
another four years.
"I think I've demonstrated leadership
and put them back on track," he said.
"We've re-established credibility in
three things - financial credibility,
political credibility and respect."
The most recent financial audit of
the tribe was the first in eight years not
to find problems, he said. Hall, 42, a
Mandaree-area rancher and school
administrator, said the tribe has made
no progress under Mason in critical
areas such as health care, education
and housing.
"The unemployment rate on the
reservation is 50 percent," Hall said.
"Nothing's changed."
Hall said he wants to establish a
tribal ly owned bank, a tribal department
of agriculture and a tribally owned
feedlot. The enterprises would provide
tribal members with business and
housing loans and quality food
products, he said. Mason and Hall
have clashed over economic
development.
Hall has stalled an oil exploration and
drilling agreement between the tribe
and a Canadian oil company. "It's the
worst oil agreement I've seen in my
life," he said.
Mason said the agreement offers an
enormous chance for economic
development for the area. "The oil
agreement is the most misunderstood
issue on the reservation," Mason said.