Native American Press / Ojibwe News (Bemidji, Minnesota), 1999-08-06

              ■
Mentors
needed for
troubled
children,
pg-3
Leech Lake
info. mtgs.
about casino
expansion
planned, pg. 3
US courts lack
jurisdiction to
hear tribal
eviction
proceedings,
pg-1
Murrays
sentenced in
Leech Lake
embezzlement,
pg-1
Suzanne Merril
wins Mille Lacs
special
election,
pgs. 1 & 4
Text of Lt.
Gov. Schunk's
remarks to
Indian
Council, pg. 8
Donna and David Murray sentenced in
Leech Lake embezzlement case
Last of six defendants to be sentenced in second
round of corruption cases
Voice ofthe People
1
web page:   www.press-on.net
By Gary Blair
A White Earth couple was the
last of six defendants sentenced in
U.S.District Court inMinneapolis
on August3,1999 fortheirroles in
the theft of thousands of dollars,
from the Leech Lake (LL) people.
The six defendants combined were
convicted of creating a scheme
and stealing $1.3 million in the
mid-1990s.
Donna and David Murray were
reported to be "high rollers," and
ran large bars bills at area casinos
during the time that they were
embezzling money from the tribe.
Each received probation for five
years and each are ordered to pay
$ 10,000 in restitution to the Leech
Lake Reservation Business
Council. The Murrays are not
allowed to obtain credit cards, or
lines of credit without permission
from their Probation Officers.
Donna Murray received home
detention as part ofher sentence,
but will not have to pay for the
electronicmonitoringservice.They
also were ordered to complete
200 hours of community service
during the end of their probation.
Both are required to undergo
psychological evaluations for
possible gambling addiction.
The couple were represented
by Federal Public Defenders.
Attorney Peter Wold told Federal
Judge Michael J. Davis that his
client, Donna Murray, had helped
federal prosecutors. "She admitted
what she had done the first time
investigators spoke with her,"
Wold reported.
David Murray's attorney, John
Brink, gave an even broader
explanationofhisclient'sassistance
to authorities. "If it wasn' t for Mr.
Murray'shelp, there wouldn'thave
been any case," Davis was told.
Federal Prosecutor Mike Ward
told Davis shortly before he
sentenced Donna Murray, "Ms.
Murray abused her office." Donna
Murray could have received a 18-
24 month prison sentence. Her
husband David could have
received a 15-18 months prison
sentence.
Donna Murray had been a
secretary to former Leech Lake
Secretary/Treasurer James
Michaud, the ring-leader ofthe
Sentenced/to pg. 3
Illative
American
Press
FREE
Ojibwe Hews
We Support Equal Opportunity For All People
Founded in 1988      Volume 11  Issue 43
August 6, 1999
1
A weekly publication.
Copyright, Native American Press, 1999
Merril wins Mille Lacs election
By Julie Shortridge
Suzanne Merril of Onamia, MN
won the July 30 special election
for the seat of Dist. 1 Rep.,
receiving 172 votes. Arlene
Weous, who received support
from Tribal Chair Marge
Anderson, received 128 votes.
Merril is 30 years old, married,
and has two daughters and a son.
She has a Bachelor's degree from
St. Cloud State University and an
Associate's degree from Brainerd
Community College.
Merril, considered the "reform"
candidate, said in an interview
before the election: "A lot of times
our people aren 7 healthy
enough to stand up to the
government. They don 't feel
strong enough to challenge what
they see going on. That's where
I think I can help. lean be a part
of making change.... More
people need to be part of the
decision-making process.... I'd
like a simpler government; one
that brings our people together
so that we benefit more people
rather than a few.... I want our
government to be for the people
and by the people. I see myself
as with the people, as opposed
to rising above."
Former Dist. 1 Rep. Myron
Gahbow passed away on Apri 19,
leaving the seat vacant. Merril and
Weous were the top vote-getters
among five competing intheJune8
primary. The district includes the
main reservation area near Kathio
township.
Don Bryan ofRanier,
MN makes hardwood
sculptures on the
shores of Rainy Lake,
including this 8"
buffalo, purchased at
Bemidji 'sArt in the
Park in July.
Photo by Julie Shortridge
Town built on Indian reservation
unites after murder of white woman
U.S. courts lack jurisdiction to
hear tribal eviction proceedings
By Carolyn Thompson
Associated Press Writer
SALAMANCA, N.Y. (AP) ~
When a white woman was found
raped and strangled, allegedly at
the hands of a Native American
teen, some in this town feared a
flare-up ofthe racial tension that
has come between neighbors in
the past.
Plenty has threatened the peace
inrecentyears intheonlyU.S. city
built almost entirely on Indian land:
culturally divisive tax and land
issues residents nowhere else have
faced.
But never murder.
A prosecutor argued that all
court records in the recent case
should be sealed, citing "the
possibility ofviolence."
But the killing ~ the first in
Salamanca in 27 years _ seems to
have had the opposite effect.
Salamanca, population 6,500,
has come together in mourning the
victim, 39-year-oldPenny Brown,
a nurse and midwife who helped
delivered many of the town's
children.
Her killing was Salamanca's first
major crime in memory involving a
white victim and an Indian suspect.
District Attorney Edward Sharkey
cited his concern about interracial
violence in arguing forthe closure
of court records in the case.
Among the documents is a
statement that the suspect, Edward
Kindt, now 16, allegedly gave
police after his arrest, possibly
containingamotive. Thestatement
was presented during a pretrial
hearing thepublic was not allowed
to attend. Several news agencies
have gone to court seeking its
release.
A county judge ruled Monday
that reporters and the public can
attend future pretrial proceedings,
butwillhavetoleavethecourtroom
if evidence is discussed.
But instead of dividing over the
case, Salamanca's residents seem
to haveput the tensionsofthe past
behind them.
Several people, both Senecas
and non-Indians, gathered outside
the municipal building when Kindt,
described as a troub led boy with a
mean streak, was taken into
custody May 11, two days after
Mrs. Brown was killed. "Shewas
our friend!" they shouted as Kindt
was led inside.
Later that week, in a remarkable
outpouring of sympathy, the town
declared aday of mourning. About
2,000 people _ Indians and non-
By Jeff Armstrong
In a ruling that one member of a
three-judge panel warned would
have "serious ramifications," the
U.S. 9th Circuit Court of Appeals
this week rejected the Owens
Valley Indian Housing Authority's
(OVIH A) effort to establish federal jurisdiction to evict tribal tenants.
The case arose when the
OVIHA, apublic housing agency
serving four California tribes, attempted to terminate a lease to
Bishop Tribe member Gifford
Turner in 1995. Turner failed to
respond to the housing authority's
unlawful detainer action in federal
district court, but the
court nevertheless dismissed the
claim for lack of subject matter
jurisdiction.
In its appeal, the federally-
funded housing authority argued
that it was bound by U.S. law to
assure the collection of rent and to
take civil action to enforce its
leases.
However, citing district court
rulings including Minnesota
Chippewa Tribe Housing Corp.
v. Reese, the appeals court concluded that "federal jurisdiction
attaches only when resolution of
the case requires interpretation of
a federal right of possession...
OVIHA here asserts its rights as a
landlord, not the Bishop Tribe's
federal right of possession."
The OVIHA argued that due to
the lack of state court jurisdiction
or a competent tribal court, the
U.S. judiciary had an obligation to
protect a federally guaranteed
property right under federal common law.
The court held otherwise: "We
agree that under 28 U.S.C. 1360
(b), state courts are barred from
hearing this case because it involves' the ownership or right to
possession of [real] property [belonging to an Indian tribe] or any
interest therein,'"themajorityopin-
Eviction/to pg. 5
Politicians fight to keep land deal
Town/to pg. 3
Museum of Native American art still growing
after 70 years
By Walter Berry
Associated Press Writer
PHOENIX (AP) -It started
out as a place where entrepreneur
Dwight Heard and his wife could
displaytheir personal collection of
Indian paintings, pottery,
beadwork and basketry.
Seventy years later, the Heard
Museum still sits on its original site
in central Phoen ix. Only now, it' s
roughly eighttimes its original size
and is world renowned for its
displays of Native American art
and artifacts from the Southwest.
"It's beautiful," said Gerttie
Moellerafterarecenttourwithher
husband. "We're from Germany
and we wanted to see two things
while we were in Arizona _ the
Grand Canyon and the Heard
Museum."
More than 250,000 people visit
the landmark museum each year _
up to 70 percent of them tourists
with amajority from Europe and
Japan, said Heard spokeswoman
Juliet Martin.
People flock to 10 exhibit
galleries and more than 32,000
works of art and ethnographic
obj ects including more than 3,600
works of contemporary Native
Museum/to Pg. 3
SIOUX FALLS, S.D. (AP) -
The U.S. House has scuttled a
controversial land swap along the
Missouri River in South Dakota,
forcing political leaders to figure
out how to undo the action.
The federal government took
state, tribal and private land along
theriverwhen it began building the
dams.
Last year Congress passed a
law returning that land to the state
and two Indian tribes that chose to
take part in the deal arranged by
Gov. Bill Janklow and Sen. Tom
Daschle. Last week, the House
voted instead to repeal the law
authorizing the transfer.
The Senate's version ofthe bill
keeps the land deal and provides
$3 mil 1 ion to start implementing it.
A conference committee will try
foracompromise.Thatwillmean
strikingtheHouserepeal and letting
the land transfer take effect, said
Eric Washburn, a Daschle aide.
"Senator Daschle is working
with Governor Janklow and
Congressman (John) Thune, as
well as the White House, to assure
that at the end of the day, the
Missouri River act will be in place,"
Washburn said.
Protesters at a camp on the
Missouri River say the House's
vote indicates people are listening
to them.
"This isn't the end ofthe battle,
but it's more than we expected,"
said Clayton Quiver, an Oglala
who is part of a camp set up
March 22 on LaFramboise Island
between Pierre and Fort Pierre.
"We wanted an investigation of
the mitigation act, and we got a
repeal," Quiver said. "Itmakesthe
months (on the island) all worth it."
The conference committee is
likely to meet early in September,
Washburn said.
The act would make the state
and the Cheyenne River and
Lower Brule Sioux responsible
for wildlife protection,
environmental controls and
development ontheMissouri River
virtually all the way from North
Dakota to Nebraska.
The House repeal vote was July
27. In a letter dated that day,
Janklow urged Thune to persuade
his House colleagues to change
their minds.
Janklow said in his letter that the
state and tribes can do the job
cheaper than the federal
government, can provide more
Politician/to Pg. 3