Native American Press / Ojibwe News (Bemidji, Minnesota), 1999-12-10

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Lange, Allen plead guilty in
Swearingen murder
pgi
Readers express views on
District 4 Senate race
pg4
Native American
arts school proposec
at Fort Snelling
pg 1
Artist NoHeart
replacing mural at
South Dakota Indian
school
pg3
Mille Lacs Chief Marge
Anderson sends
race-baiting letter
pg4
Gov. Ventura not
welcome at Leech Lake,
just yet
pgs
HI
Chairman Whitefeather
banishes woman
from Red Lake
Reservation
pgi
Sources reveal inside
story of Swearingen
placement in
dangerous home
By Gary Blair
The recent beating death of 8-year-
old Brenda Swearingen, is likely to
cause Leech Lake (LL) officials to
withdraw their participation in the
Minnesota Chippewa Tribe's (MCT)
Indian Child Welfare Act (ICWA)
program.
The U.S. Congress enacted the
ICWA law in 1978, to help prevent
the uprooting ofthe Indian culture,
and abuse oflndian children that was
said to have been occurring in non-
Indian foster homes.
Swearingen is a LL enrollee who
died on Nov. 4, after she and three
other siblings were permanently
placed in their great aunt's home that
was abusive. Kevin A.
Lange (33) pled guilty Dec. 7 to
second-degree felony murder charges
in Swearingen's death and was
sentenced to 25 years in jail. Lange's
half-sister, Terri L. Allen (37), who
had custody ofthe children, pled
guilty to charges of child endanger-
ment. She was sentenced to three
years in prison for aiding an offender.
In the Swearingen case, apparently
human misjudgment was at fault, as
well as the political and social
problems that fuel the ICWA
program.
The MCT's ICWA program in
Minneapolis conducted the home
study that led to the court-ordered
placement.
Some relatives of Swearingen and
others have been pressuring LL
officials to pullout ofthe MCT's
ICWA program, sighting this child's
death. They are blaming the
program's priorities and staff for the
tragedy.
Sources willing to talk —
anonymously
As reported earlier by the Star
Tribune newspaper, the Twin Cities
major news media weren't able to
obtain information as to why these
children were placed in that couple's
home. Those who were involved in
handling the case, were quick to sight
the Data Privacy Act, having been
told not to talk to reporters.
Your writer has found sources close
to the Swearingen case, who wish to
remain anonymous, who have agreed
to provide more insight into what they
believe contributed to the child's
death.
An anonymous source said any
SWEARINGEN to pg. 6
Whitefeather banishes woman from     —■
Red Lake reservation, home, children
State court, tribal court battle
By Bill Lawrence
According to documents recently
filed in Beltrami County District
Court, Kimberely Carmen Cordova
was removed from the Red Lake
Reservation on June 13,1999, and
denied complete access to her three
minor children, boys ages 16 and 10
and a girl 7, for nearly 6 months.
Up to the time of her removal,
Cordova who is not a member ofthe
Red Lake Band of Chippewa, had
resided on the Red Lake Reservation
for 12 years with Red Lake tribal
over denied rights, jurisdiction
member Brian Jourdain. Since 1993
Cordova and Jourdain lived in a
mobile home solely owned and paid
for by Cordova. Jourdain is the father
ofthe two youngest of Cordova's
three children.
Apparently the relationship between
Cordova and Jourdain had been
stonny, and irrevocability broke down
in March 1999 when she got the Red
Lake tribal court to issue a restraining
order against him. The order awarded
custody ofthe three children to
BANISHED to pg. 8
Red Lake Chippewa history of banishing
whites, mixed bloods from reservation
Descendants
become
MEMBERS
LEADERS
OF
TRIBE
By
Clara Niiska
In late May of 1911, Eshk-way-gah-bow and Nah-
gaun-way-we-dung went to Detroit Lakes, Minnesota, to
speak with Special Indian Agent J.H. Hinton. They
probably walked the 200 miles round trip from Red Lake.
Eshk-way-gah-bow was about seventy-five years old at
that time. They brought a petition and a letter with them.
5   Special Agent Hinton wrote about Eshk-way-gah-bow
and Nah-gaun-way-we-dung's May 27 meeting with him
in Hinton's June 1, 1911 letter to the Commissioner of
Indian Affairs: "... It will be observed from one ofthe
enclosures that they are much annoyed by white man who
have married into the tribe, and by mixed-bloods who
come and remain on the reservation. ... The Indians who
visited Detroit furnished a list ofthe names of mixed-
bloods and white men who are annoying the Indians of
the reservation. They wish to have them removed. ..."
Hinton also mentions that Nah-gaun-way-we-dung,
Baym-way-way-be-ness and Ah-ke-wain-zee had
previously come to Detroit Lakes (during the winter of
RED LAKE HISTORY to pg. 8
Two plead guilty in death of
8-year-old Minneapolis girl
Excerpted from
Margaret Zack, David Chancn
Star Tribune, Dec. fr
A man who kicked and beat 8-year-
old Brenda Swearingen to death last
month in Minneapolis pleaded guilty
Dec. 7.
Kevin A. Lange, 33, will get 25
years in prison for second-degree
felony murder. The sentence is twice
that recommended by sentencing
guidelines.
Brenda and her three younger
siblings had been placed in the
custody of their great-aunt Terri L.
Allen in February after years in foster
care and shelters. Allen's half-brother.
Lange, also lived there.
The placements were approved by
Hennepin County social workers, the
Juvenile Court and Chippewa tribal
officials, because the children are
Kevin A. Lange     Terri L. Allen
tribal members. A hearing is set for
Dec. S in Juvenile Court, in which the
county will seek to end Allen's
custody rights and begin finding a
permanent home for the children.
Under a plea agreement, Allen, 37,
will get three years in prison for
aiding an offender.
Brenda died Nov. 3 after being beater
in her home in the 2900 block of
Bryant Ave. N. She lay for nearly 17
hours without getting medical help
MURDER to pg. 6
Leech Lake declines to answer constitutional challenges in LaRose case
By Jeff Armstrong
Leech Lake attorneys, with nearly
two months to prepare for the case,
proved unable to answer a legal
challenge to the Reservation
Business Committee's conservation
code by a subsistence fisherman who
says enforcement of the code
deprives tribal members of their
constitutional and treaty rights
without their consent.
Appearing in court for oral
arguments, Franklin (Doc) LaRose
complained that he never received a
copy ofthe prosecution's brief in
advance ofthe court hearing, while
the defendant was required to submit
his brief Oct. 26.
"I don't know even know what's
in [the prosecution's brief]. I just
received it when I walked in the
door," said LaRose. "I thought out
of courtesy and basic fairness that
I'd receive the brief by Dec. 1...I
thought it would go both ways," he
said.
"Well, it should," agreed judge
Margaret Treuer, improvising a
response to the apparent absence of
procedural rules for the court.
Treuer agreed to continue the
hearing to Jan. 18, with any additions to LaRose's brief due by Dec.
28.
LaRose's brief contests the authority
ofthe RBC and the state ofMinnesota individually or jointly to
establish a reservation court without
the formal approval of tribal
members. He further challenges the
power of the RBC and the state to
enter into an agreement which
restricts Anishinabe treaty rights.
Finally, LaRose maintains that the
code itself contains numerous
violations of due process, perhaps
most notably setting up the RBC to
act as the appeals court.
In a terse two-page reply to
LaRose's arguments, the RBC
attributes its authority in the matter
to an irrelevant federal ruling, two
tribal ordinances from the 1980's,
the Indian Tribal Justice Support act,
a clause in Article VI ofthe MCT
Constitution providing for RBCs to
"manage, lease, permit or otherwise
deal with tribal lands," and a
paradoxical letter from Ada Deer
interpreting the constitution to allow
for tribal courts under the guise of
deferring to tribal interpretation.
"It is clear from the above-mentioned letter," argued tribal attorney
Mike Garbow in his brief, "that a
vote ofthe tribal members was not
needed in order to establish tribal
courts."
In a 1988 election protest ruling,
Treuer articulated a vision ofthe
constitution still adhered to by many
tribal members: "In 1963, the
membership adopted a Constitution
in which they delegated certain,
limited powers of self-government to
the TEC and to the Reservation
Business Committees (hereinafter,
RBC). Powers not so delegated,
under general principles of law, are
reserved to the people...In none of
these authorities is there any
LEECH LAKE to pg. 5
Investigator calls Treasury Department 'out of control9
By Matt Kelley
Associated Press Writer
WASHINGTON (AP) - The
Treasury Department shredded
potential evidence in a multibillion-
dollar lawsuit over American Indian
trust funds, then covered it up for
more than three months, a court-
appointed investigator concluded.
Government lawyers in the case
misled the federal judge overseeing
the case, investigator Alan Balaran
said in a report released Monday. In a
strongly worded opinion released
with the report, U.S. District Judge
Royce Lamberth also accused
government lawyers of making false
statements to him.
"This is a system clearly out of
control," Balaran wrote. He said the
shredding and cover-up were "part of
a greater pattern of obfuscation" by
the government in the lawsuit over
the mishandling of accounts for more
than 300,000 Indians now worth
about $500 million.
In February, Lamberth held then-
Treasury Secretary Robert Rubin and
Interior Secretary Bruce Babbitt in
contempt of court for mishandling
other records in the case. Workers
shredded 162 boxes of Treasury
Department documents possibly
related to the lawsuit while Lamberth
was holding hearings on the contempt issue - starting the day
Treasury officials testified about
destroying microfilm, the Treasury
Department acknowledged later.
After ordering the shredding halted
Jan. 28, Treasury Department
lawyers waited more than 14 weeks
before notifying the Justice Department and Lamberth in May, the
department also has acknowledged.
In his Monday order, Lamberth
wrote that he was "deeply disturbed"
by the delay and by the fact that the
government's assurances that records
were being preserved "turned out to
be just as false as those false representations that led to the court's
February contempt findings."
The Treasury and Justice Departments issued a joint statement
Monday noting that Balaran's report
was not a final court determination.
The Treasury Department ordered an
internal investigation ofthe incident
in June, the statement said.
"In fairness to all concerned, we
caution against drawing conclusions
prematurely," the statement said,
without explaining whether the
departments took issue with anything
Balaran wrote.
The Indians' lawyers said last
month they would seek another
contempt citation after Balaran found
trust fund documents dumped into a
shed with used tires and other debris
on a North Dakota reservation.
Justice Department lawyers had
joined five Treasury Department
lawyers in asking Lamberth to delay
releasing the report, saying it "could
result in severe and unfair damage"
to the Treasury lawyers' reputations.
Lamberth rejected that request
Monday.
the      People
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-jubiicatJQfi^' Copyright, Native American Press, 1999	
December 10,1999
Volume 12 Issue 9
Portion of Daryl NoHeart's new mural at the Marty Indian School in Marty, South Dakota. This 20-foot by
10-foot panel is one of three that will complete the mural.
Minnesota artist replacing mural
at South Dakota Indian school
By Randy Dockendorf
Yankton Press & Dakotan
MARTY, S.D. (AP) - Daryl No
Heart has painted everything from
greeting cards to computer mouse
pads, but his newest creation
looms larger than life.
No Heart has been commissioned to replace the mural in the
Marty Indian School gym.
Whereas most gym walls are
covered with mascots and banners,
the Marty wall will tell tales of
warriors, scholars, elders and
traditions.
Actually, No Heart is working
on three 20-foot panels which will
line one wall ofthe gym.
"Water damage from a leaking
roof ruined the first mural, so they
painted over the wall. It was more
expensive to repair it than replace
it," he said. "I painted the original
mural in 1980, so I am grateful that
they wanted to save the mural. But
by doing it as panels, the painting
won't be ruined if the roof leaks
again."
The Marty panels will not merely
decorate - they will educate. The
artwork weaves a tapestry of Marty
Indian School and Yankton Sioux
Tribe history.
One panel contains a church,
volleyball players, graduates in their
caps and gowns, a drum circle and a
traditional dancer. The team name -
Marty Braves - runs along the
bottom.
"The mural stresses academics,
and the focus should be on education, culture and physical fitness,"
No Heart said. "With the traditions,
it all ties in together."
The panel includes four special
American Indian faces - three men
and a woman - who look down on
the school they helped create.
"The three men - Yellow Bird,
Thunder Horse and Zephier - went
to St. Louis and requested a local
school," No Heart said. "The
woman in the mural is 'Grandma,'
or Unci White Tallow, who
donated land for the school."
The three men's journey in the
1920s signaled an important move
in tribal history, No Heart said.
"The tribe wanted to keep its
people close to home, and this
(school) provided an alternative for
young people," he said. "They
could stay close to their history and
culture."
Besides his work at Marty, No
Heart has drawn the St. Cloud State
SCHOOL MURAL to pg. 6
Judge approves
settlement of casino
lawsuit, new bid
planned
By Sarah Wyatt
Associated Press Writer
MADISON, Wis. (AP) - Three
Chippewa bands are looking forward
to the possibility of opening a casino
at a Wisconsin dog track after a judge
approved an agreement ending a
lawsuit that claimed political influence
in the Clinton administration blocked
the proposal.
U.S. District Judge Barbara Crabb
Friday approved the settlement
agreement reached by the U.S. Interior
and Justice departments and Four
Feathers, a group of three Chippewa
bands and the Florida owners ofthe
Hudson dog track.
"(The settlement) resolved the
issues between us and we very much
look forward to the future," said Mark
Goff, a spokesman for Four Feathers,
which includes the Lac Courte
Oreilles, Red Cliff and Sokaogon
(Mole Lake) Chippewa bands in
northern Wisconsin.
That means the U.S. Department of
Interior will reconsider the bands' bid
to put a casino at a dog track.
U.S. Attorney Peggy Lauten-
schlager, who is representing the
government in the lawsuit, said she
was happy that Crabb approved the
settlement.
"I think this affords us the opportu-
LAWSUIT to pg. 6
Native American arts school
proposed at Fort Snelling
Excerpted from David Peterson
Star Tribune, 12-5-99
The part of Fort Snelling that was
a temporary home to hundreds of .
thousands of soldiers in the past
century, long since abandoned and
deteriorating, is on the verge of
becoming a major educational and
recreational complex, according to
several public officials and private
investors involved in the plans.
Three groups, each with big-
name investors or advisers, are
jockeying to renovate and then
lease some ofthe 28 historic
buildings along a lovely, high bluff
near the confluence of the Minnesota and Mississippi rivers and next
to Minneapolis-St. Paul International Airport. The plan is to
convert the brick and stone buildings into schools.
There are three leading contenders:
Kordell's Fort Snelling
Academy, which would be a
liberal-arts prep school for 400
students in grades nine through 12,
wants the clock-tower building and
four to five other structures.
• Native American Arts Charter
School, arts-centered high school
serving about 100 students in two
buildings, proposed by Sharon Day
ofthe Minnesota American Indian
AIDS Task Force in Mpls., with
assistance from Augsburg College
in Mpls. and Carleton College in
Fort Snelling Academy plans to
renovate the 1880 headquarters
building
Northfield.
■ Minnesota Valley Academy,
the biggest proposed project ofall,
a K-12 boarding school for troubled
kids.
Each school still has issues to
deal with in the way of financing,
state authorization, lease agreements for the buildings or all ofthe
above.
...For Day in particular, there's
one satisfying irony: "One reason
we want to be there is that Dakota
people were imprisoned there once,
and it feels really important to be
there to reclaim it. Those imprisoned people would be happy to
know there will be children there,
learning their culture."