Native American Press / Ojibwe News (Bemidji, Minnesota), 2000-01-14

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INDEX
News Around Indian Country 2
News Tidbits 3
Commentary/Editorials/Voices 4
Smoke Signals of Upcoming Events 5
Classifieds 6-7
Constitutionality of RBC court to
be tested at Leech Lake Jan. 18
PSM '
Minnesota Indian Affairs Council
meeting set for Jan. 18
pg3
Wadena will try to
regain White Earth
Chairmanship
pg 1
Indian elders interviewd
for film project
Teacher shortage
hurts education at
Red Lake
pgs
Jim Northrup's
Rez Road coming
to Great American
History Theater
pgs
Minnesota Appeals Court denies Shakopee tribal official 3rd
attempt to claim sovereign immunity in Gavle case
By Bill Lawrence
In a decision released Jan. 11 in the
case of Gavle v. Little Six Casino
(Mystic Lake Casino), the Minnesota
Court of Appeals affirmed a lower
court's rejection of the third attempt
by former casino manager, Allene
Ross, to claim the defense of tribal sovereign immunity. Scott County District
Courts in 1994 and 1998 had previously rejected similar sovereign immunity claims by Ross.
Former casino employee Jill Gavle
sued Ross, a Shakopee Mdwekanton
Sioux tribal member and vice-chairperson of the casino's board of directors was sued, along with Little Six,
Inc. as a corporation, former tribal
chairman Leonard Prescott and former
casino CEO William Johnson for
sexual harassment, pregnancy, race
discrimination, civil rights violations
and various other claims. The Scott
County District Court dismissed all
claims against Little Six, Inc. in 1994
and Johnson in 1999 on grounds of
tribal sovereign immunity.
In addition, in 1999, the District
Court dismissed several of the claims
against Ross and Prescott. However,
the court did maintain the claims of
assault, battery and intentional infliction of emotional distress against Ross
and several other claims against
Prescott.
Gavle, who had worked at Mystic
Lake Casino as a security guard in
1992, had an intimate relationship with
then-tribal Chairman and Chief
Executive Officer of the casino,
Leonard Prescott. The relationship
resulted in an unplanned pregnancy.
Housing scan trial for Smeby
brothers set February 7
By Gary Blair
The trial of two Mcintosh, Minnesota lumberyard
owners accused of falsifying the amount of building materials they sold to the White Earth reservation's housing program is scheduled to begin Tuesday, Feb. 7 at
9:00 a.m. in Federal Court in Duluth before Judge Richard H. Kyle.
Prosecution witness subpoenas have already been
served in the case against the brothers, Chad and Jason
Smeby, owners of Mcintosh Lumber, who were indicted
last spring for over-billing the reservation for $270,000.
According to wording found in the Smeby indictments,
there are unnamed co-conspirators that will likely be
charged in the theft that is reported to total over $3 million. In 1996, the Smeby's vehemently denied in a letter
to the editor published by the Fargo Forum newspaper
that they were involved in corruption on the reservation.
The White Earth housing program bought the lumber
for construction of HUD (U.S. Department of Urban
Development) low-income housing on the reservation.
Sources say the theft involved former housing program
staff, local bank officials, construction contractors, former
reservation employees and family members of former
tribal council members who have already served prison
SMEBY BROTHERS to pg. 6
White Earth residents win
30-day delay on law
enforcement pact with county
By Jeff Armstrong
Faced with opposition from tribal and non-tribal residents of the White Earth Reservation, the Becker County
Board of Commissioners tabled a proposed law enforcement agreement with the Reservation Business Committee for 30 days at a Jan. 11 meeting in Detroit Lakes.
The county commissioners, however, failed to respond
to demands for an open forum to address concerns over
the creation of an armed police force under the direct
control of an undemocratic tribal administration.
"I'd like to see a public meeting on this issue si) all
parties can understand what exactly their rights are," said
Jim Jirava. a non-Native from Ogema.
Anishinabe activist Ray Bellcourt said he understood
the concerns of non-Natives about coming under the jurisdiction of a government in which they have no representation, noting that tribal members have no voice in
tribal, federal or state government.
"We feel the same way about a foreign government
coming in and controlling us," said Bellcourt. "There
doesn't have to be another layer of bureaucracy over us.
What are we, animals? We have the right to self-delermi-
LAW ENFORCEMENT to pg. 6
Constitutionality of RBC court to be tested in Jan. 18
hearing on Leech Lake
By Jeff Armstrong
The Leech Lake Tribal Court will hear
arguments next week that it lacks constitutional authorization to enforce restrictions on tribal members' federally-
recognized hunting and fishing rights
without the consent of those affected.
Scheduled for a Jan. 18 hearing in reservation court, the case of Leech Lake
Band v. Franklin LaRose will decide
whether the governing RBC had the au-
uiority to enter into a hunting and fishing agreement with the state of Minnesota which restricts tribal members from
exercising Aniishinabe treaty rights.
"The Leech Lake Conservation Court
was unconstitutionally established by
the State of Minnesota and the Leech
Lake Reservation Business Committee
via the 1973 memorandum of agreement
and settlement A Reservation Business
Committee can not relinquish or diminish the people's inherent rights or reserved resources to a separate sovereign
without the authorization or the consent
ofthe people," argues LaRose in a motion for dismissal. "Neither State nor
Reservation Business Committee has
the constitutional authority or the consent ofthe people to establish a court."
hi response to LaRose's brief, reservation attorney Michael Garbow cites
federal court rulings mid a letter from
former BIA head Ada Deer as evidence
of the RBC s authority to impose a court
system without a popular vote.
"As shown above, the ability of a tribe
to possess its own court system is a fundamental aspect of tribal sovereignty
that has not been taken away. According to the authorities laid out above it is
clear that Leech Lake possesses the
power to establish its own Tribal Court
and exercise its sovereignty by en;
ing its own conservation regulations
without having to turn to the state or federal government to enforce regulations
for the tribe," wrote Garbow.
However, LaRose makes clear that he
is not challenging, but rather asserting,
tribal jurisdiction over Leech Lake's
natural resources.
'The Defendant Franklin LaRose
does not dispute the sovereignty of the
people.
The Defendant Franklin LaRose does
dispute the authority ofthe Reservation
Business Committee usurping the authority of the people. The authority
stems from the people, not from the
RBC COURT to pg. 6
Alaska program
takes aim at fetal
alcohol syndrome
Excerpted from David Whitney
Star Tribune Washington Bureau
Correspondent
It seems like a simple enough
warning: Ifyou are pregnant, or
hoping to get pregnant, don't drink
alcoholic beverages.' The health of
your fetus depends upon it.
But that message is ignored in
Alaska more than in any other state,
and the consequences are staggering.
Alaska has the country's highest rate
of fetal-alcohol syndrome, the
medical term for brain damage
caused by the ingestion of alcohol.
Now, on the basis of research from
the University of Washington, and
following on the heels of programs in
FETAL ALCOHOL to pg. 5
Lange gets 25 years for killing
8-year-old girl; Allen 3 years for aiding
Excerpted from Margaret Zack
Star Tribune
Kevin A. Lange was sentenced
Jan. 6 to 25 years in prison for
beating and kicking 8-year-old
Brenda Swearingen to death.
Brenda died Nov. 3 after being
beaten in her home in the 2900 block
of Bryant Av. N., where she and her
siblings lived with their great-aunt
and guardian, Terri L. Allen. Lange,
Allen's half-brother, also lived there.
He pleaded guilty Dec. 7 to
second-degree intentional murder
and agreed to the 25-year prison
tenn, twice that recommended by
state guidelines.
Allen, 37, pleaded guilty to aiding
an offender and was sentenced to
three years in prison by Hennepin
County District Judge Stephen
Swanson.
Lange said earlier that he'd hit and
kicked Brenda and knocked her from
one room into the next when she
wasn't doing what she was supposed
to do.
Allen didn't seek medical help or
intercede on the girl's behalf.
Brenda lay for 17 hours without
medical help that could have saved
her life, according to medical
officials.
Brenda's mother, Sharon Voas,
said in court Jan. 6 that she hopes
Lange and Allen dream about Brenda
and think about her every day and
night....
Eli Hunt, chairman of the Leech
Lake Band of Chippewa, of which
Brenda was a member, submitted a
statement about the grief the band
LANGE/ALLEN to pg. 6
Wadena says he'll run for White Earth Chairmanship
Excerpted from Pat Doyle
Star Tribune
A year after his release from prison
for rigging casino construction bids,
Darrell (Chip) Wadena said Jan. 11 that
he will try to regain power as chairman
of the White Earth Band of Chippewa,
and he predicted that his conviction
won't hinder him much.
Wadena's decision sets up a showdown with Tribal Chairman John
Buckanaga, who said recently that he
will seek reelection.
In announcing his decision, Wadena
cast himself as a target of the federal
government, which he accused of trying to curb the independence of American Indian tribes.
He suggested that tribal members
may be sympathetic to him. "I think
people realize the government wanted
Darrel (Chip) Wadena
me because I was the tribal leader the
government feared the worst. I became
too powerful for them to control. They
wanted to control tribes," Wadena said.
Asked about Wadena's remarks,
Karen Bailey, spokeswoman for U.S.
Attorney Todd Jones said: "His conviction speaks for itself."
It's possible that White Earth officials
will challenge Wadena's legal ability
to run for office. Some band officials
talked previously of trying to amend
the Minnesota Chippewa Tribe constitution to bar felons from office.
Wadena predicted Jan. 10 that leaders of the other bands that make up the
Minnesota Chippewa Tribe would defeat such a change.
Casino crimes
In June 1996, a federaljury convicted
Wadena and two other White Earth
leaders of a pattern of corruption, much
of it centered on the tribe's Shooting
WADENA to pg. 6
Voice     of
i   H E
People
Gavle claims that certain tribal officials
were unhappy about her relationship
with Prescott and allegedly created a
hostile working environment.
In her most recent claim of sovereign
immunity, Ross argued that the District
Court lacked jurisdiction, and that she
is protected by sovereign immunity.
In reaching its decision, the Court of
Appeals found that Minnesota laws do
not protect Ross' actions because she
failed to show that tribal community
laws protect her actions.
According to Gavle's attorney, Craig
D. Greenberg, the next step for his client is to conduct discovery to determine
the assets of defendants Prescott and
Ross. He indicated that this will be a very
important function because the District
Court has allowed his client to claim
punitive damages in the case.
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Volume 12lssueJ&\/)
January 14,2000
Pioneer Photo by Brad Swenson
Issues for the 2000 Legislature affecting the Red Lake Band of Chippewa were discussed at a town
meeting Friday at Red Lake. From left are state Rep. Rod Skoe, DFL-Clearbrook, state Rep. Roger Moe,
DFL-Erskine, Red Lake Tribal Chairman Bobby Whitefeather and Red Lake Chief Judge Bruce Graves.
Teacher shortage hurts education
at Red Lake
By Brad Swenson
Political Editor
RED LAKE - Red Lake schools, u
nder fire for low scores on graduation
.'tandard tests, wants to get caught up
: even stricter standards take
hold.
And, reservation schools need more
teachers with understanding of the
Red Lake Band of Chippewa culture.
"We are striving to maintain
standards of excellence," Red Lake
High School Principal Chris Dunshee
said Friday. "But seeing a tremendous
teacher shortage in some areas, it is a
conflict to raise standards and
continue to find qualified teachers."
Students first started with having to
pass basic skills tests with 70
percent correct in order to graduate.
That level is now at 75 percent and
will be boosted to 80 percent.
Dunshee said Red Lake schools
I the stale Department of
Children, Families and Learning for a
waiver but were denied. They'd like to
get more students to 70 percent before
raising the bar, he said.
A year ago, the district ended at the
bottom of all in the state in eighth-
graders taking basic skills tests in
reading and math, with only 19
percent passing math tests and 15
percent in reading.
Now, Red Lake Middle School
Principal Al Young says test scores
have doubled.
"The graduation standards are a
political football," Dunshee said
Friday, as stale Sen. Roger Moe,
DFL-Erskine, and state Rep. Rod
Skoe, DFL-Clearbrook, held a town
meeting in the village of Red Lake.
The standards are creating two
types of classes in the High School,
he said. There are 180 eight- and
ninth-graders, but only 30 to 35
graduating.
"And the bar is raised higher and
higher."
There are two components to
TEACHER SHORTAGE to pg. 5
Lawmakers hear concerns of Red Lake Reservation
By Brad Swenson
Political Editor
RED LAKE - While most area
school districts cope with declining
enrollment, more families returning to
the Red Lake Reservation means
crowded schools.
The Red Lake School District hopes
to ease cramped conditions in
reservation schools in a $11.2 million
request to the 2(XX) Legislature.
Reservation schools have seen an
explosion of new students. Red Lake
Middle School Principal Al Young
said the school five years ago had an
enrollment of 187 students. It started
this year with 300 students, which
increased to 330 by October and
stands at 350 today.
"We are certainly aware of ypur
track record in education, and you've
always supported education needs,"
Red Lake interim schools Superintendent Dale Wain told state Senate
Majority Roger Moe during a Friday
town meeting in the village of Red
Lake. "Our needs are great."
School district, Red Lake School
Board and Red Lake tribal officials
lobbied for the state "maximum
effort" loan at the meeting hosted by
Moe, DFL-Erskine, and state Rep.
Rod Skoe, DFL-Clearbrook.
But it's not Moe and Skoe to
convince - they're already supporters,
Moe said. The Senate approved the
funding last year, but was hung up in a
House-Senate conference committee.
The request will probably be part of
20(K) session efforts to craft a state
building projects bonding bill.
"There are four other districts that
are also asking for funding — Cass
Lake, Laporte, Caledonia and Ulen,"
Moen said. "My only advice is to
treat it as all or nothing. That's the
best way to get a political base."
Under the maximum effort loan
program, the state provides the lion's
share of school building costs,
provided the property-poor local
district levies a maximum amount of
taxes - as determined by its limited
tax base - toward the project. After a
set number of years, the state would
forgive the loan.
In Red Lake's case, which has no
property tax base as a sovereign
nation, the state loan would equate to
a grant.
LAWMAKERS to pg. 5
State won't appeal nearly $4 million for
costs of arguing treaty
By Ashley H. Grant
Associated Press Writer
ST. PAUL (AP) - The Department
of Natural Resources won't appeal a
nearly $4 million award to several
Indian bands for the cost of fighting
their treaty rights case to the U.S.
Supreme Court, a DNR official said
Friday.
"It went all the way to the governor," said DNR spokesman Dennis
Stauffer.
The agency will ask the Legislature for permission to tap the state's
general fund to pay the award, he
said.
A federal judge in December
awarded the nearly $4 million sought
by seven of eight Minnesota and
Wisconsin Indian bands to pay for
their successful nine-year legal battle
with the state.
The Mille Lacs Band filed a
lawsuit in 1990, contending that an
1837 treaty still allowed the tribe to
hunt and fish without state regulation
on non-reservation land. The odier
bands later joined the lawsuit. The
U.S. Supreme Court voted 5-4 last
year that those rights continue to
exist.
The state then argued the bands'
request for payment of legal fees
should be rejected entirely, or at least
lowered substantially.
U.S. District Judge Michael Davis,
however, granted the entire request.
"The bands did achieve exceptional
results in this case and are thus
entitled to be compensated for all
hours reasonably expended to reach
such a result," Davis wrote.
Don Wedll, commissioner of
natural resources for the Mille Lacs
Band of Chippewa, has said the
ruling should finally lay the case to
rest. The Mille Lacs Band received
the biggest award, about $2.8 million.
Slate officials had to decide quickly
whether to appeal because interest
was accruing on the award. Stauffer
didn't know how much had accrued
in the nearly month since the judge's
ruling.
In November, the state rejected a
land transfer to the Mille Lacs Band
as a way to pay legal fees. A transfer
DNR to pg. 5
Native man asking
Supreme Court to
rule against tribal
sovereignty
ANCHORAGE (AP) - The U.S.
Supreme Court is being asked to
take a stand against tribal sovereignty in Alaska. The person
making the request is a Native man
involved in a long-running child-
custody case.
John Baker of Northway is
appealing to the nation's highest
court after a September ruling by
the Alaska Supreme Court that
upheld the authority of village
tribes to share power with state
courts in child-custody cases.
The September ruling, by a 3-2
vote, overruled a Fairbanks
Superior Court decision in which
Baker was granted sole custody of
his two children. Earlier a
Northway tribal court had given
Baker and the children's mother,
Anita John, joint custody.
Lawyers for Baker petitioned the
U.S. Supreme Court to overturn the
state Supreme Court on grounds
that tribes in Alaska don't have
CHILD CUSTODY to pg. 5