Native American Press / Ojibwe News (Bemidji, Minnesota), 2001-11-09

              INDEX
News Around Indian Country 2
Commentary/Editorials/Voices 4
Smoke Signals of Upcoming Events 5
Classifieds 7
Fond du Lac man
charged with two
felonies for borrowing
reservation trailer
P9 1
IHB board reinstates
terminated doctors, lab
supervisor, hires
outside consultant
pg 1,3,6
Reprint of letter from
Dr. Lydia Caros to
Yvonne Bushyhead
pg4
Concerned Red Lake
members meet in
Minneapolis
P9 1
Commentary
Open letter to
Red Lake Band of
Chippewa Indian
members
pg4
'Gaming times'—and political games?
By Bill Lawrence
Under tlie threat of a recall petition and battling for his reservation political life. Red Lake tribal
council treasurer Dan King released another edition of his "Financial Tunes" last week. This
most recent edition, called tlie
October 1,2001 "Seven Clans
Casino Gaining Times." is in addition to King's October 2001
"Red Lake Nation Tribal Times,"
which was released approximately three weeks ago.
The various issues of "Times"
appear to be King's personal version ofa combination gaming
and tribal financial report and a
tribal newsletter, published by
King at tribal expense, since King
will not include his report in tlie
regularly-published Red Lake
Tribal newsletter, called "The
Red Lake Nation." King lias is-
WkJiwi&i;'1-
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^i»ilfelliliyi«
Photograph by Bill Lawrence
One Car Motel. One car sits lonely in the parking lot of
the Warroad Super 8 motel on October 27, 2001.
sued two of his personal reports
in the past month, after not publicly providing any financial infonnation to tlie community for
more than a year.
The most recent issues of
King's "Times" were in color,
and included tlie usual graphs and
charts delineating tlie treasurer's
spin on the tribal financial situation. Tlie charts and graphs cov
ered: gaming
growth; interest rates
summaries
on loans;
Red Lake
gaining revenues and
profits 1994-
2000; Red
Lake gaming
revenues: expenses and
net income by casino; Red Lake
gaming asset growth; total number of Red Lake gaming employees; 'where do gaming funds go';
and "Thief River Falls &
Warroad gaming expansion cost
summaiy." The gaming expansion cost summary contained tlie
following list of constniction and
KING to page 3
Voice     or-      the     People
web page: www.press-on.net
Native *
American
Press
Ojibwe News
We Support Equal Opportunity For All People
A weekly publication.   Copyright, Native American Press, 2001
Founded in 1988
Volume 13 Issue 50
November 9, 2001
Judge to decide whether to hear assault case
against former Mille Lacs police sergeant
By JeffArmstrong
In what may be a precedent-setting case. Mille Lacs County district
judge Steven Ruble will decide by
tlie end of tlie year whether diere is
adequate e\idence to proceed with
criminal assault cliarges against
former Mille Lacs Tribal Police sergeant Marc Gabiger.
Dismissed from his duties as a
tribal officer last summer. Gabiger
faces fifth degree assault and disorderly conduct cliarges for repeatedly
choking and punching a juvenile assault suspect in his custody on Feb.
11 of this year.
The case is being prosecuted by
Sheibume County Attorney Walter
Kaminsky. to whom it was referred
by tlie Mille Lacs County Attorney
to avoid any conflict-of-interest.
According to official reports of
the incident. Gabiger was transporting 17-year-old Roland Smith to tlie
Mille Lacs County jail with
Gabiger's young son accomipanying
him in tlie front seat. Tlie hand
cuffed Smith reacted in a veibally
aggressive manner, prompting
Gabiger to stop tlie vehicle, reach
through tlie window and grab Smith
by die neck in a chokehold.
When Smith kicked a shoe in
Gabiger's direction during booking
and allegedly attempted to strike tlie
officer according to a prosecution
memorandum, Gabiger"did not
wait for tlie jailers to cross die small
room to help him. Instead, he
punched RE.S. in tlie face, in an attempt to render RES. unconscious.
After this struggle, tlie jailers subdued R.E.S. RE.S. laid on die floor
face-down widi jailers laying on top
of him and die Defendant holding
his amis. But still die Defendant
struck RE.S. several more times."
According to tlie criminal complaint against Gabiger. die incident
left die youth "bloody, bruised [andl
w ith swollen nose and lips."
At an Aug. 24 evidentiary hearing. Gabiger sought dismissal ofthe
cliaiges widiout a hearing on die
grounds diat lie was acting reasonably and within die scope of his audiority as an officer hi a subsequent
legal brief, Gabiger argued uiat
courts should give more latitude for
die use of force to police officers
cliarged widi criminal violations.
"|D|uc lo die potential of criminal
sanctions instead of civil liability,
greater deference should be allow
(sic) to die reasonableness of die
Defendant's use of force," die brief
states.
In his responding brief, Kaminsky
argued diat Gabiger's conduct must
be assessed by a jury, likening die
case to die Rodney King verdict. He
maintained dial federal standards for
evidence in civil and criminal civil
rights complaints against police are
identical.
"Tlie question of whedier die Defendant used reasonable or excessive force onFcbmary 11. 2001,
cannot be resolved at this stage."
Kaminsky wrote. "When | Rodney |
JUDGE to page 6
Concerned Red Lake members meet in Minneapolis
by Clara NiiSka
Red Lake members in die Twin
Cities area have been meeting in
Minneapolis to discuss die petition
to recall tribal treasurer Dan King
and to address dieir concerns about
die tribal treasurer's handling of
tribal funds, including die burgeoning debt load incurred by Red Lake
gambling enterprises, and otiier
tribal enterprises" financial losses.
There was also community concern
about apparendy irresponsible expenditures oftribal funds to purchase properties about inflated
properties—and about die possible
misuse of settlement funds to pay
off casino debt. Community members also discussed odier issues involving tribal gov eminent. Press/
ON covered die November 1 meeting, which about 3540 Red Lakers
attended.
There was anodier meeting held
on November 7th at die American
Indian OIC in Minneapolis. At diat
meeting, community members discussed die need to get tlie petitions
to recall Dan King compiled and
up to Red Lake before die next
tribal coundl meeting. Tlie mem-
14th Annual University of St. Thomas Pow Wow
By Jean Pagano
The 14th annual University of
St. Thomas Pow-Wow was held
on November 3rd and 4"' at
Coughlan Field House on die St.
Thomas campus in Saint Paul.
Whereas diere arc diree types of
Pow Wows. Traditional, Commercial, and Competition, die
Pow Wow held at St. Thomas
was of die Competition variety,
hi die Competition Pow Wow.
individual dancers and drum
groups compete widi one another for recognition and prizes.
Tlie Competition Pow Wow is
inter-tribal, in tliat groups from
<>! lover are included.
Neariy 5.000 Native Americans from 12 Midwestern states,
bodi coasts and Canada were expected lo attend. Dancers w ere
organized into two groups, men
and women Widiin die men's
group, there was a Fancy Feather
Dance. Grass Dancers, and Traditional Dancers. Three types of
dance were also featured among
tlie women dancers. Fancy,
Jingle Dress, and Traditional.
Each day included inter-tribal
dancing, tiny lots exhibitions,
and a variety ofconicsts. ranging
i Hand Drum contest on
Saturday io dance contest finals
and drum contest finals on Sunday afternoon. Award and closing ceremonies concluded die
program on Sunday afternoon.
(top) Retreat of Colors at the end of the Saturday afternoon Pow Wow
session on November 3. (bottom) Special Hand Drum Contest: A special
event, the Hand Drum Contest, was held at the St. Thomas Pow Wow.
John Smith, Tommy "Jambie" Westbrook, and Bill Lawrence at a meeting of
concerned Red Lakers at theAIOC in Minneapolis on Thursday, November 1.
bers also continued to discuss die
ineffectiveness of tlie Red Lake urban office, and tlie need of urban
Red Lakers to be strongly represented through monthly community
meetings addressing current concerns with our economic situation
at Red Lake. "All of die odier hot
topics" of ongoing concern to urban Red Lakers were also raised at
tlie meeting.
Particularly in view of die tribal
elections coming up next spring
and die continuing financial problems at Red Lake, die group organizing die meetings would like to
continue to meet at least eveiy
odier week. Tlie next unban meeting is scheduled for November 15
at 7 p.m. at die American Indian
OIC. 1845 East Franklin Avenue,
Minneapolis. Also, on November
29th diere will be a workshop train-
MEETING to page 6
Fond du Lac man charged with two felonies for
borrowing reservation trailer
By Jeff Armstrong
A Fond du Lac man is facing
felony dieft cliarges in Carlton
County for allegedly failing to return a trailer he borrowed from
tlie reservation housing audiority.
A fonner housing maintenance
employee. Gan McFatridge says
die charges of theft and receiving
stolen property are factually baseless and politically-motivated.
McFatridge cliarged diat die
Fond du Lac RBC specifically
approved proceeding on die state
criminal cliarges by a 3-1 vote, a
claim whose source he attributes
to no less than chairman Robert
Peacock.
McFatridge maintains diat he
began using the trailer regularly
to haul hay for his horse during
die time he woriced for housing.
Tlie Anishinaabe man says he
was laid off in the fall of last year.
but was waiting until he could fix
a light on the trailer before returning it.
On Jan. 17. McFatridge said.
Fond du Lac and Cloquet police
officers took the trailer from his
residence while he was at work,
leaving a message widi
McFatridge's girlfriend for mm to
call die Cloquet police department.
"I didn't bodier to call. They
knew I had the trailer, and they
came and got it. I thought diat
was die end of it." said
McFatridge.
More than diree weeks later, on
Feb. 9. McFatridge was notified
diat he was cliarged widi receiving stolen property. The criminal
complaint alleges diat die trader
was "stolen sometime diis fall
from die housing building."
McFatridge maintains diat the
trailer could not have been reported stolen at die time, because
his son had been stopped by
tribal police in November and
cited for not hooking up die tail-
lights.
"If it was stolen in the fall, how
come diey didn't have it reported
stolen? If it was reported stolen
they would have taken it from my
THEFT to page 6
IHB board reinstates terminated doctors, lab supervisor, decides
to hire outside consultant to make "internal assessment"
by Clara NiiSka
In a Monday, November 5th
meeting opened widi a tobacco
ceremony, the Minneapolis Urban Indian Healdi Board (IHB)
began what board member Avis
Poupart described as a healing
process, "to begin anew" and restore hannony.
The board meeting was attended by a number of clinic
staff, as well as by Indian Healdi
Service (IHS) personnel including Bemidji area director Dr.
Kaddeen Annette, and by Dr.
Helen Stone, who flew in from
Chicago.
For two hours on Monday
evening, die Minneapolis board
members listened to the concerns
of clinic staff and discussed how
to begin addressing the clinic's
problems impartially and fairly.
Tlie board then voted 9:0 widi
one abstention to reinstate tenni-
nated medical providers Dr.
Lydia Caros, Dr. Lori Benaszak,
and lab director Judy Day. Tlie
board's decision to reinstate die
two doctors and die lab director
was met widi applause from
clinic staff attending the meeting.
Tlie board then went into
closed session to discuss the hiring of an interim executive director. Tlie board intends tliat die interim executive director shall
IHB Lab Director Judy Day adcressed the IHB Board at a public meeting on the
evening of Monday, November 9h. Others attending the IHB board meeting included staff members and Indian Health Service officials. Ms. Day was fired on
Friday in conjunction with the clinic unrest following the suspension of Dr. Lyda
Caros, then called back to work temporarily on Monday at the request of three Board
members: Avis Poupart, Alberta Van Wert, and Stephanie Autumn. As Ms. Autumn
explained at the meeting, the clinic lab was not in compliance with regulations without a lab director, and the three board members who asked Ms. Day to return were
prepared to pay her wages if their actions had not been subsequently approved by
the Board of Directors. When Ms. Day addressed the Board on Monday night she
did not know, as she put it, "whether I have a job or not" Later that evening, Judy Day
was reinstated, along with Doctors Lyda Caros and Lori Banaszak, by an 9:1 vote of
the Board of Directors.
conduct an internal review during
die thirty-day suspension of IHB
executive director Yvonne
Bushyhead. who had been suspended by a 5:4 board vote die
previous Friday. As one board
member put it during die November 5* meeting, die interim director would "gather diat infonnation ... will be interviewing die
staff." detennining "what led up
to the problems" in the first
place. In a later telephone interview, board cliair Kim
Mammedaty explained to Press/
ON mat die board is hoping tliat
die internal review process will
enable the board "to find some
answers and arrive at a more
complete picture of what is hap
pening" at die IHB clinic, so diat
the problems diere can be addressed effectively. Press/ON
also contacted Yvonne
Bushyhead, who stated diat she
preferred not to comment at diis
time.
The Unban Indian Health
Board Clinic, at 1315 E. 24th
Street in die heart ofthe Phillips
neighborhood in soutii Minneapolis, has been beset widi problems for years. Yvonne
Bushyhead was hired to repair
the damage left by die administration of Noreen Smitii. who left
amid longstanding allegations of
financial and odier mismanagement.
Despite Bushyhead's efforts,
problems at the clinic continued
to fester, dien were precipitated
into crisis when the clinic's medical director. Dr. Lydia Caros. was
suspended after writing an open
letter to the executive director.
Dr. Caros's letter, published in
full on page 4 of tins issue, was
described by clinic director Carol
Bell as an "inappropriate sharing
of confidential infonnation with
the entire staff." On October 22
Bell infonned Caros. in a courier-
delivered letter, diat she would be
suspended for one week. "I need
some time to make die best deci-
IHB to page 6
State appeals ruling gives tribe authority
to regulate water quality on reservation
Associated Press
WAUSAU. Wis. - Tlie state is
appealing a federal court mling
that grants a northern Wisconsin
American Indian tribe full audiority to regulate water quality on its
reservation downstream from a
proposed underground zinc and
copper mine.
"The state feels this is an issue
of sovereignty." Randy
Romanski, a stale Department of
Justice spokesman, said Monday.
"The state should not give up its
right to protect its waters."
The 7di Circuit Court of Appeals in Chicago had mled die
U.S. Environmental Protection
Agency can allow die Sokaogon
band of Lake Superior Chippewa
to regulate waters on its reservation. The diree-judge panel said
tribal members showed the waters were essential to dieir survival.
The state had argued only Wis-
RULING to page 3
New York Governor signs historic
gambling legislation
Associated Press
NIAGARA FALLS. N.Y. - Tlie
laigest gambling expansion plan in
New Yoik history was signed into
law Wednesday, a move supporters
said should help replace revenue
lost with die Worid Trade Center.
hi signing legislation approved
by lawmakers last week Gov.
George Pataki cleared die way for
a half dozen new casinos, video
betting tenninals and a multistate
lotteiy.
State leaders hope to raise an additional $ 1 billion annually within
about diree years.
"It was worth die struggle. It was
worth die effort, it was worth the
fight." Pataki said of die legislation
negotiated for mondis by lawmakers.
Pataki was accompanied at the
bill-signing by Assembly Speaker
Sheldon Silver, who had resisted
die legislation for five mondis. in
large part because he wanted the
Catskills included in die casino expansion. The original Pataki version had included only die Buffalo-
Niagara Falls region for new casinos.
But in die wake ofthe Sept. 11
terrorist attacks, gambling expansion became a chosen vehicle for
economic stimulus amid financial
disaster. Pataki said the attack
PATAKI to page 3