Most recently before his death, Antonio Ashman in a sworn affidavit said he knew Paulina as a member of the Band. He also swore that Paulina stayed at the home of Michelle and Salvador Quiliq and heard they were related. He also stated Paulina was called Aunt by Martin Berdugo, another recognized member of Pechanga. This is recorded oral recognition that the CPP faction says Paulina Hunter did not have.
The enrollment committee also finds that Paulina was given a land allotment on the Pechanga reservation as a Temecula Indian. This confirms Paulina’s status as a Temecula Indian.
The record of decision regarding the descendants of Paulina Hunter says that because John Miller under the Act of May 18, 1928 (45 Stat. L 602), a direct descendant of Paulina Hunter states that his Grandmother “was allotted as a Pechanga Mission Indian, but his Grandmother and Great Grandparents were of the San Luis Rey Mission Indians.”
This statement somehow outweighs hundreds of other documents the enrollment committee has possession of detailing the Hunters as recognized members of the Pechanga band by tribal elders who were alive at the time the reservation was established.
If this reasoning stands true, then the following people have the same problems as the Hunters and should be held to the same standards.
1928 Application Blood Pechanga Descendant
Salazar, Petronilla ---San Luiseno Frances Miranda
Leyva, Maximinio ----Mission- San Luis Rey
Ruth Masiel
Irene Scearce
Jennie Miranda
Raymond Basquez
Casas, Louisa Ayal----- Full blood San Luiseno
Bobbie LaMere
Wednesday, April 15, 2009
Thursday, February 26, 2009
The Journey at Pechanga Continues
Our critic has posted this AGAIN. I would like to address this issue AGAIN.
Anonymous said...
Tribes determine their own membership in their own forum. The false accusations by the non-members against tribes and their leaderhip along with the attacks on the disenrollment process mislead others. The disenrolles lost their membership simply because they did not have the facts on their side. The disenrollments resolved longstanding questions about the membershsip qualifications of the disenrollees. Please note, Dear Reader, that the disenrollees always talk about money and seldom the plain facts leading to their ouster. The disenrollees try to cloak their plight and the cause of it by bringing up violations of human rights and civil rights. No violations happened. Instead, a tedious, thoughtful, serious internal process took place, resulting in the removal of individuals subject to disenrollment. This outcome corrected errors in the membership roll. For their own peace of mind, the non-members must endeavor to put the past behind, and go on with their lives as Americans.
On my Cousins blog Original Pechanga we are called losers by another Anonymous poster.
In that thread exchange there are some very good questions we would liked answered if you can.
I don’t see anyone talking about money now. Just plain facts, as we posted on the side bar of this blog.
Anonymous said...
Tribes determine their own membership in their own forum. The false accusations by the non-members against tribes and their leaderhip along with the attacks on the disenrollment process mislead others. The disenrolles lost their membership simply because they did not have the facts on their side. The disenrollments resolved longstanding questions about the membershsip qualifications of the disenrollees. Please note, Dear Reader, that the disenrollees always talk about money and seldom the plain facts leading to their ouster. The disenrollees try to cloak their plight and the cause of it by bringing up violations of human rights and civil rights. No violations happened. Instead, a tedious, thoughtful, serious internal process took place, resulting in the removal of individuals subject to disenrollment. This outcome corrected errors in the membership roll. For their own peace of mind, the non-members must endeavor to put the past behind, and go on with their lives as Americans.
On my Cousins blog Original Pechanga we are called losers by another Anonymous poster.
In that thread exchange there are some very good questions we would liked answered if you can.
I don’t see anyone talking about money now. Just plain facts, as we posted on the side bar of this blog.
Wednesday, February 25, 2009
Curry: Human and civil rights abuses not acceptable
Rebecca Curry of Lake County News has an excellent Op-Ed piece on Civil Rights and the many California Tribes abuses of the Indian Civil Rights Act.In the summer of 2007, The Lake County Democratic Club and the Lake County Democratic Central Committee voted unanimously to endorse the California Native American Justice and Equal Economic Opportunity Legislative Initiative.The resolution to support this Legislative Initiative was introduced to Lake County Democrats by Mr. Robert Edwards, a disenrolled member of the Enterprise Rancheria No. 1, of Maidu Indians. Mr. Edwards was Vice Chair of the Tribal Council. He and 70 other members of Enterprise Rancheria No. 1 were disenrolled in the winter of 2003.We had hoped that our support, that a public endorsement and by notifying our legislators of the importance of this issue, that we would signal our belief that this action should result in enforcement of the legislation that allows American Indians the same civil rights, as well as the right to due process enjoyed by all Americans.That legislation is the Native American Civil Rights Act that was enacted by Congress in 1968.We support reform of the Indian Civil Rights Act in such a way that this would be possible. Our hope was to provide some of the 3000+ Indians in California who are being victimized by corrupt tribal governments the right to due process at the state and federal level.The state of California must move to enact legislation that will insert the enforcement of the Indian Civil Rights Act into the gaming compacts.The situation has now come to crisis in Lake County.I am concerned about the possible violation of Indian civil rights happening at Robinson Rancheria.When citizens voted for Indian gaming in California, they voted with the understanding that gaming revenues would improve the conditions of tribal people in the areas of jobs, health, education and general welfare on the Rancherias.IN what appears to be a “form of genocide” that is being committed by the tribal government at Robinson Rancheria, tribal people have lost jobs and health benefits, loss of elders assistance including a senior meal program, loss of education benefits, and the loss of tribal cultural identity as a member of one’s tribe.I have asked our state and federal legislators open an investigation on the growth of human and civil rights violations in Indian country, so that these civil rights issues can be addressed.I am urging citizens in Lake County to contact our state and federal legislators to follow suit.Read the rest at the link above. Thank you Rebecca for speaking out.
Friday, February 20, 2009
Google Mark Macarro
After you read this watch the video on the side bar without a tribe. Follow up by google search
Mark Macarro!
For the new readers and the news media who come to this site: Chairman Mark Macarro has crossed over from being a valued spokesman for Indian Gaming, the face of Prop. 5 and 1A, into the realm of corrupt politician. He once claimed to the press that he was there to do the will of the people. He has not followed the will of the people and, in fact has corrupted that will. Now, he has refused to carry out the will of the people and is actively acting against their will by continuing disenrollment of families. Corrupt Mark Macarro has shamed the position of Tribal Chairman and sullied the good name of Pechanga. Mark is definitely CORRUPT. He led the tribe to give $4 million to Cruz Bustamante, illegally it turned out, in CB's campaign for governor. He is more concerned about the bones of the dead, rather than the tribal members a splinter group has ousted from their rightful place in Pechanga society. Mark Macarro is CORRUPT because has led the Council to rule AGAINST the will of the Tribe. In July 2005, The Tribe voted in overwhelming numbers to stop ALL disenrollment. Mark Macarro corrupt leader has led the Tribal Council, which includes one WHITE MAN with no Indian blood (Russell "Butch" Murphy)to disenroll a family of true Pechanga blood. Murphy has acted against the band many times and has tried to cheat Pechanga members since the 70's. Murphy's cohorts in that theft included members of the Enrollment committee, who refuse to follow the guidelines for enrollment, mandated by the tribe. In closed session, without informing the Band, Mark Macarro CORRUPT spokesman has authorized the Enrollment Committee to continue proceedings against the Hunter family, descendents of Original Temecula Pechanga Person, Paulina Hunter. This happened almost 2 years TO THE DAY that they disenrolled the ancestors of the chief of Pechanga’s, Pablo Apis. Paulina Hunter is an allottee, whose lineage was proven by the Pechanga Band's own hired investigator, one of the most respected archaeologists in California. Hunter's lineage was ALSO proven in 1915 by Tribal members in sworn depositions before the United States Government by Pechanga Tribal members who needed translators. These depositions were taken before some members of the Masiel/Basquez family "appeared" on Pechanga census rolls in the 40's. Only Mark Macarro CORRUPT leader of the band would let this continue. For what reasons, you news media should look into. Is it personal? Does he want Hunter land? Does he think he has a chance to get it? Is it something he wants his Washington lobbyist wife to have? Mark Macarro, CORRUPT Tribal Spokesman, has chosen NOT to do the right thing and follow the will of the people. Mark Macarro, CORRUPT is the right word for you. STEP DOWN from your position, wipe the stain of corruption from the Tribe. Mark Macarro Corrupt.... can't say one without the other and that's a disgrace to his father's good name. Mark Macarro has also authorized the payment for legal defense for those "members who caused irreparable harm to the Manuela Miranda descendents. This is outside the scope of their authority. Those members acted outside of tribal business, for their own gain. Please, all who view this, click on this post often, so that the page views will bring up CORRUPT when Mark Macarro is searched for on Google. Also, when you do a GOOGLE SEARCH put in MARK MACARRO CORRUPT
Mark Macarro!
For the new readers and the news media who come to this site: Chairman Mark Macarro has crossed over from being a valued spokesman for Indian Gaming, the face of Prop. 5 and 1A, into the realm of corrupt politician. He once claimed to the press that he was there to do the will of the people. He has not followed the will of the people and, in fact has corrupted that will. Now, he has refused to carry out the will of the people and is actively acting against their will by continuing disenrollment of families. Corrupt Mark Macarro has shamed the position of Tribal Chairman and sullied the good name of Pechanga. Mark is definitely CORRUPT. He led the tribe to give $4 million to Cruz Bustamante, illegally it turned out, in CB's campaign for governor. He is more concerned about the bones of the dead, rather than the tribal members a splinter group has ousted from their rightful place in Pechanga society. Mark Macarro is CORRUPT because has led the Council to rule AGAINST the will of the Tribe. In July 2005, The Tribe voted in overwhelming numbers to stop ALL disenrollment. Mark Macarro corrupt leader has led the Tribal Council, which includes one WHITE MAN with no Indian blood (Russell "Butch" Murphy)to disenroll a family of true Pechanga blood. Murphy has acted against the band many times and has tried to cheat Pechanga members since the 70's. Murphy's cohorts in that theft included members of the Enrollment committee, who refuse to follow the guidelines for enrollment, mandated by the tribe. In closed session, without informing the Band, Mark Macarro CORRUPT spokesman has authorized the Enrollment Committee to continue proceedings against the Hunter family, descendents of Original Temecula Pechanga Person, Paulina Hunter. This happened almost 2 years TO THE DAY that they disenrolled the ancestors of the chief of Pechanga’s, Pablo Apis. Paulina Hunter is an allottee, whose lineage was proven by the Pechanga Band's own hired investigator, one of the most respected archaeologists in California. Hunter's lineage was ALSO proven in 1915 by Tribal members in sworn depositions before the United States Government by Pechanga Tribal members who needed translators. These depositions were taken before some members of the Masiel/Basquez family "appeared" on Pechanga census rolls in the 40's. Only Mark Macarro CORRUPT leader of the band would let this continue. For what reasons, you news media should look into. Is it personal? Does he want Hunter land? Does he think he has a chance to get it? Is it something he wants his Washington lobbyist wife to have? Mark Macarro, CORRUPT Tribal Spokesman, has chosen NOT to do the right thing and follow the will of the people. Mark Macarro, CORRUPT is the right word for you. STEP DOWN from your position, wipe the stain of corruption from the Tribe. Mark Macarro Corrupt.... can't say one without the other and that's a disgrace to his father's good name. Mark Macarro has also authorized the payment for legal defense for those "members who caused irreparable harm to the Manuela Miranda descendents. This is outside the scope of their authority. Those members acted outside of tribal business, for their own gain. Please, all who view this, click on this post often, so that the page views will bring up CORRUPT when Mark Macarro is searched for on Google. Also, when you do a GOOGLE SEARCH put in MARK MACARRO CORRUPT
Tuesday, February 17, 2009
Tribes or Clubs??
It seems to me that families or clans of tribes were defined by our ancestors. The make of the families or clans defines a tribe. When people disrespect our ancestors by trying to change the make up of our tribes, under the cloak of sovereignty or disenrolling entire clans under the chatter that they are defining their membership, it is no longer a tribe but a club. The real reason that disenrollment issues are on the rise is because of the political power struggles within tribal communities, and here in California you can add millions of dollars. The greed has overwhelmed tribal communities, and the struggles of some to stay in political power have blinded many to the true Indian way. Support all your brothers and sisters. Many clans were adopted in the Indian way, especially hundreds of years ago before any of us were here. Is it ironic that our ancestors faced a government that wanted to suppress them, keep them from speaking their language and practicing their spiritual traditions? Now over 100yrs later people are being suppressed by their native brothers and sisters. Tribal factions who would rather expel entire clans instead of building tribal communities, and the only way to do it is through misinformation and false propaganda. Our ancestors did not stick together to watch what is happening today, families to be torn apart from the inside.
Sunday, February 8, 2009
Sophia Madariaga, Pechanga Resident Passes
Sophia Madariaga passed away on February 8, 2009. She was the wife to Lawrence Madariaga, Pechanga tribal member, eldest of the Hunter family. Sophie was a loving mother, grandmother and great grandmother. She always had a smile and enjoyed having her children and grandchildren around. Living on the Pechanga reservation for over 60 yrs. she could tell you many stories of the families who came and went. She always had an open door to all those that came by. When our own children left Sophia’s house they were usually fed and could feel the love the family had for each other. Sophia will be greatly missed by all whose life she has touched. Rest in Peace Sophia.
Wednesday, February 4, 2009
Attention Pechanga CPP!
Our Cousin 'Aamokat has some very valid points and would like an answer from the CPP.
Explain and defend specifically the list of violations below:
1. Our family member and members of the Manuela Miranda family who were also disenrolled found evidence of irregularities on the enrollment committee including not enrolling people who met the Band's membership requirements who were lineal descendants of enrolled tribal members in good standing.
2. Our family member and members of the Manuela Miranda family then informed the tribal council of the irregularities.
3. The tribal council and the enrollment committee were then asked to have those enrollment committee members in question to not be allowed to rule on the cases of my family and that of the M. Mirandas due to bias and conflict of interest.
4.Among the people who turned in challenges to my family's and the M. Miranda family's tribal membership were nieces, nephews, sons and daughters of two of the enrollment committee members in question. So those committee members should have stepped aside in ruling on the disenrollees cases also on the basis of conflict of interest.These are clear violations of Article V of the Band's constitution and bylaws which states below:
"IT SHALL BE THE DUTY OF ALL ELECTED OFFICIALS OF THE BAND TO UPHOLD AND ENFORCE THE CONSTITUTION, BYLAWS, AND ORDINANCES OF THE TEMECULA BAND OF LUISENO MISSION INDIANS; AND, ALSO TO UPHOLD THE INDIVIDUAL RIGHTS OF EACH MEMBER WITHOUT MALICE OR PREJUDICE."
So read your tribal constitution and then get back to us.Anyone else notice how our anonymous critic gets less and less specific in his posts after we shoot down his arguments time and time
again?
CONTINUED
Explain and defend specifically the following list below:
1. In our disenrollment cases our attornies were not allowed to be present at any of the disenrollment proceedings.
2. We actually got letters from the tribal council before our appeal hearings that "note taking implements of any kind will not be allowed in the hearing room."WE WERE NOT ALLOWED TO TAKE NOTES OR EVEN TO ASK QUESTIONS!
3. We were denied copies of any of the official transcripts of any of the disenrollment proceedings.
comment: that made it very hard to mount a defense and prove that key parts of the disenrollment procedures were not followed because without those transcripts it was our word verses the committee's word.
4. Articles were added on by the Enrollment Committee after the deadline had passed for us to turn in counter arguments against those items which we had never seen beforehand.
5. The tribal council issued a bogus ruling that our family, the Hunters, were not included in the petition to end all disenrollments that had been passed the previous year.
Note: This ruling was issued just two days before the Record of Decision informing my family we were disenrolled and seven months after the law ending disenrollment had been passed.Follow up note: The tribal council claimed that the Enrollment Committee could not be overruled by the General Membership despite the fact that a sitting councilman is in the tribe today because the General Membership had overturned the committee' decision not to enroll his family twenty years previous. By the way, that sitting councilman is none other than Russell "Butch" Murphy.
Explain and defend specifically the list of violations below:
1. Our family member and members of the Manuela Miranda family who were also disenrolled found evidence of irregularities on the enrollment committee including not enrolling people who met the Band's membership requirements who were lineal descendants of enrolled tribal members in good standing.
2. Our family member and members of the Manuela Miranda family then informed the tribal council of the irregularities.
3. The tribal council and the enrollment committee were then asked to have those enrollment committee members in question to not be allowed to rule on the cases of my family and that of the M. Mirandas due to bias and conflict of interest.
4.Among the people who turned in challenges to my family's and the M. Miranda family's tribal membership were nieces, nephews, sons and daughters of two of the enrollment committee members in question. So those committee members should have stepped aside in ruling on the disenrollees cases also on the basis of conflict of interest.These are clear violations of Article V of the Band's constitution and bylaws which states below:
"IT SHALL BE THE DUTY OF ALL ELECTED OFFICIALS OF THE BAND TO UPHOLD AND ENFORCE THE CONSTITUTION, BYLAWS, AND ORDINANCES OF THE TEMECULA BAND OF LUISENO MISSION INDIANS; AND, ALSO TO UPHOLD THE INDIVIDUAL RIGHTS OF EACH MEMBER WITHOUT MALICE OR PREJUDICE."
So read your tribal constitution and then get back to us.Anyone else notice how our anonymous critic gets less and less specific in his posts after we shoot down his arguments time and time
again?
CONTINUED
Explain and defend specifically the following list below:
1. In our disenrollment cases our attornies were not allowed to be present at any of the disenrollment proceedings.
2. We actually got letters from the tribal council before our appeal hearings that "note taking implements of any kind will not be allowed in the hearing room."WE WERE NOT ALLOWED TO TAKE NOTES OR EVEN TO ASK QUESTIONS!
3. We were denied copies of any of the official transcripts of any of the disenrollment proceedings.
comment: that made it very hard to mount a defense and prove that key parts of the disenrollment procedures were not followed because without those transcripts it was our word verses the committee's word.
4. Articles were added on by the Enrollment Committee after the deadline had passed for us to turn in counter arguments against those items which we had never seen beforehand.
5. The tribal council issued a bogus ruling that our family, the Hunters, were not included in the petition to end all disenrollments that had been passed the previous year.
Note: This ruling was issued just two days before the Record of Decision informing my family we were disenrolled and seven months after the law ending disenrollment had been passed.Follow up note: The tribal council claimed that the Enrollment Committee could not be overruled by the General Membership despite the fact that a sitting councilman is in the tribe today because the General Membership had overturned the committee' decision not to enroll his family twenty years previous. By the way, that sitting councilman is none other than Russell "Butch" Murphy.
Monday, January 19, 2009
Are Bylaws and Constitutions important?
In an article from the Fay Observer a tribal member questions the Tribal council regarding the Tribes constitution.
Tribal member Eric Locklear questioned the constitutionality of the Lumbee Supreme Court during a public comment period. He told the council that the court does not meet the requirements outlined in the tribe’s constitution and therefore is a defunct court.
Why it matters: The constitution requires that the court have five members including one with a law degree. Currently, the court has four members. None has a law degree.
This topic shows how a tribal government should work when it is corruption free.
One of the questions that the CPP (Corrupt Pechanga People) will not answer is, “why was the enrollment committee allowed to operate without a legal quorum during several important enrollment processes?” The only answer that comes to mind, is the Corrupt Pechanga People AKA CPP were going to run rough shot over anyone to get rid of two large voting blocks 25% of the tribe before two major elections.
The CPP then pressured people to ignore the constitution and bylaws to finish what they started thirty years ago.
If it is important enough for a tribal member to ask about the constitution in regards to their Supreme court, I find I fitting to ask the same question in regards to our enrollment committee and our constitution or bylaws in regards to our heritage as Indian people.
Tribal member Eric Locklear questioned the constitutionality of the Lumbee Supreme Court during a public comment period. He told the council that the court does not meet the requirements outlined in the tribe’s constitution and therefore is a defunct court.
Why it matters: The constitution requires that the court have five members including one with a law degree. Currently, the court has four members. None has a law degree.
This topic shows how a tribal government should work when it is corruption free.
One of the questions that the CPP (Corrupt Pechanga People) will not answer is, “why was the enrollment committee allowed to operate without a legal quorum during several important enrollment processes?” The only answer that comes to mind, is the Corrupt Pechanga People AKA CPP were going to run rough shot over anyone to get rid of two large voting blocks 25% of the tribe before two major elections.
The CPP then pressured people to ignore the constitution and bylaws to finish what they started thirty years ago.
If it is important enough for a tribal member to ask about the constitution in regards to their Supreme court, I find I fitting to ask the same question in regards to our enrollment committee and our constitution or bylaws in regards to our heritage as Indian people.
Sunday, January 18, 2009
Dry Creek band follows neighbors at Robinson Rancheria
Dry Creek tribes seeks to oust 73 members
More than 70 members of the Dry Creek Rancheria, which owns Sonoma County’s only Indian casino, were notified last week that they are being removed from the tribe.
In a controversy increasingly played out with tribes that operate casinos, the members are being pushed out because they were unable to document their lineage or were affiliated in the past with other tribes.
Critics contend the ousters are about power and greed — the fewer members in the tribe, the larger the share each receives in casino profits. The expulsions, including the ones at the Dry Creek Band of Pomo Indians, often surface during a tribal election when the legitimacy of candidates is questioned.
Leaders of the 965 member tribe, however, say it is not just about money, but preserving identity.
T'eetilawuncha: These problems continue, long standing members being questioned only after Casino money is introduced to these reservations. Many tribes wanted as many members as possible to gain federal recognition and funding. Lineage was never questioned until casino money was at stake and who was going to control it. Greed and power struggles, but we all know the truth.
A similar battle over tribal membership has erupted in neighboring Lake County. Leaders of the Robinson Rancheria Pomos, who operate a casino on the north shore of Clear Lake, approved the “disenrollment” of 50 people last month. T'eetilawuncha: It's like wildfire, one fire starts and the winds blow.
Since 2000, when the passage of Proposition 1A legalized Las Vegas-style gambling at Indian casinos in California — which has grown into a $7.8 billion annual industry — more than 2,200 members have been purged from about 20 tribes, according to an activist who tracks the issue.
More than 70 members of the Dry Creek Rancheria, which owns Sonoma County’s only Indian casino, were notified last week that they are being removed from the tribe.
In a controversy increasingly played out with tribes that operate casinos, the members are being pushed out because they were unable to document their lineage or were affiliated in the past with other tribes.
Critics contend the ousters are about power and greed — the fewer members in the tribe, the larger the share each receives in casino profits. The expulsions, including the ones at the Dry Creek Band of Pomo Indians, often surface during a tribal election when the legitimacy of candidates is questioned.
Leaders of the 965 member tribe, however, say it is not just about money, but preserving identity.
T'eetilawuncha: These problems continue, long standing members being questioned only after Casino money is introduced to these reservations. Many tribes wanted as many members as possible to gain federal recognition and funding. Lineage was never questioned until casino money was at stake and who was going to control it. Greed and power struggles, but we all know the truth.
A similar battle over tribal membership has erupted in neighboring Lake County. Leaders of the Robinson Rancheria Pomos, who operate a casino on the north shore of Clear Lake, approved the “disenrollment” of 50 people last month. T'eetilawuncha: It's like wildfire, one fire starts and the winds blow.
Since 2000, when the passage of Proposition 1A legalized Las Vegas-style gambling at Indian casinos in California — which has grown into a $7.8 billion annual industry — more than 2,200 members have been purged from about 20 tribes, according to an activist who tracks the issue.
Tuesday, January 13, 2009
San Pasqual in the news
What happened an San Pasqual
Will the government fulfill it's trust obligation to the Alto family?
What happens when one faction gains complete control over it's tribal government?
Was the Alto famlies civil rights violated?
Will the government fulfill it's trust obligation to the Alto family?
What happens when one faction gains complete control over it's tribal government?
Was the Alto famlies civil rights violated?
Saturday, January 10, 2009
San Manuel outshine Pechanga again
Convicted tribal members fined, banned from reservation
(San Bernardino County Sun (CA) Via Acquire Media NewsEdge) Jan. 9--SAN MANUEL INDIAN RESERVATION -- In an unprecedented move, San Manuel Chairman James Ramos has announced his tribe's decision to fine two convicted tribal members linked to a murder conspiracy and ban them from the reservation.
Decisions made by the tribal council, composed of all tribal members over age 21, typically remain private matters within the tribe and are never made public.Ramos said the tribal council's Dec. 13 decision to ban Stacy Barajas-Nunez 26, and her brother, Erik Barajas, 36, from the reservation and fine them a "considerable" amount of money for disorderly conduct speaks volumes to the tribe's position of holding its members accountable for errant behavior.
"This isn't just lip service. This is action in force," Ramos said. "We're actually taking action, and showing through action, with overwhelming support, to impose fines and bans on our own tribal members."Ramos wouldn't disclose how much the Barajases were fined or how long they will be banned from the reservation. He did say the tribe is enforcing its decision, and working with the San Bernardino County Sheriff's Department and the District Attorney's Office to ensure that the Barajases remain in compliance.Erik Barajas' San Bernardino attorney, Chuck Nascin, declined to comment Friday.Barajas-Nunez's attorney, Albert Perez Jr., didn't return phone calls seeking comment.San Bernardino police and agents from the federal Drug EnforcementAdministration arrested the siblings in December 2006 during a joint investigation into the Mexican Mafia's methamphetamine rackets in the San Bernardino area. Authorities learned during that investigation of a conspiracy hatched by the Barajases and several others, including two high ranking members of the Mexican Mafia, to kill Leonard Epps.The murder conspiracy stemmed from an altercation Erik Barajas had with Epps at the now closed Brass Key bar in Highland. Epps, who remains in hiding, was the former manager of the bar.On Nov. 6, the Barajases were sentenced to five years probation for their roles in the murder conspiracy. Judge Michael Dest told the pair their sentences were not light ones, and they could face "double digit" prison time if they violated the terms of their probation.Two weeks after her sentencing, sheriff's deputies arrested Barajas-Nunez for trespassing at San Manuel Indian Bingo & Casino. The tribe had previously ordered her to stay away from the casino.Deputy District Attorney Douglas Poston says that's a violation of probation. One of the conditions of Barajas-Nunez's probation was to not break any laws.Barajas-Nunez remains in custody, without bail, at the West Valley Detention Center in Rancho Cucamonga. A probation revocation hearing is scheduled for Jan. 23.In his petition for probation revocation, filed Nov. 24 in San Bernardino Superior Court, Poston argues that Barajas-Nunez broke the law and violated the terms of her probation by trespassing and not having in her possession a copy of her terms of probation.Barajas-Nunez is facing up to 20 years in prison, Poston said.joe.nelson@inlandnewspapers.com, (909) 386-3874To see more of the San Bernardino County Sun, or to subscribe to the newspaper, go to http://www.sbsun.com/.
Pechanga, has a large criminal element linked to several CPP members. Stop sheltering these criminal elements and do the right thing.
(San Bernardino County Sun (CA) Via Acquire Media NewsEdge) Jan. 9--SAN MANUEL INDIAN RESERVATION -- In an unprecedented move, San Manuel Chairman James Ramos has announced his tribe's decision to fine two convicted tribal members linked to a murder conspiracy and ban them from the reservation.
Decisions made by the tribal council, composed of all tribal members over age 21, typically remain private matters within the tribe and are never made public.Ramos said the tribal council's Dec. 13 decision to ban Stacy Barajas-Nunez 26, and her brother, Erik Barajas, 36, from the reservation and fine them a "considerable" amount of money for disorderly conduct speaks volumes to the tribe's position of holding its members accountable for errant behavior.
"This isn't just lip service. This is action in force," Ramos said. "We're actually taking action, and showing through action, with overwhelming support, to impose fines and bans on our own tribal members."Ramos wouldn't disclose how much the Barajases were fined or how long they will be banned from the reservation. He did say the tribe is enforcing its decision, and working with the San Bernardino County Sheriff's Department and the District Attorney's Office to ensure that the Barajases remain in compliance.Erik Barajas' San Bernardino attorney, Chuck Nascin, declined to comment Friday.Barajas-Nunez's attorney, Albert Perez Jr., didn't return phone calls seeking comment.San Bernardino police and agents from the federal Drug EnforcementAdministration arrested the siblings in December 2006 during a joint investigation into the Mexican Mafia's methamphetamine rackets in the San Bernardino area. Authorities learned during that investigation of a conspiracy hatched by the Barajases and several others, including two high ranking members of the Mexican Mafia, to kill Leonard Epps.The murder conspiracy stemmed from an altercation Erik Barajas had with Epps at the now closed Brass Key bar in Highland. Epps, who remains in hiding, was the former manager of the bar.On Nov. 6, the Barajases were sentenced to five years probation for their roles in the murder conspiracy. Judge Michael Dest told the pair their sentences were not light ones, and they could face "double digit" prison time if they violated the terms of their probation.Two weeks after her sentencing, sheriff's deputies arrested Barajas-Nunez for trespassing at San Manuel Indian Bingo & Casino. The tribe had previously ordered her to stay away from the casino.Deputy District Attorney Douglas Poston says that's a violation of probation. One of the conditions of Barajas-Nunez's probation was to not break any laws.Barajas-Nunez remains in custody, without bail, at the West Valley Detention Center in Rancho Cucamonga. A probation revocation hearing is scheduled for Jan. 23.In his petition for probation revocation, filed Nov. 24 in San Bernardino Superior Court, Poston argues that Barajas-Nunez broke the law and violated the terms of her probation by trespassing and not having in her possession a copy of her terms of probation.Barajas-Nunez is facing up to 20 years in prison, Poston said.joe.nelson@inlandnewspapers.com, (909) 386-3874To see more of the San Bernardino County Sun, or to subscribe to the newspaper, go to http://www.sbsun.com/.
Friday, January 9, 2009
"CPP" AKA "Splinter Group"
The Splinter Group
This group is an offshoot of the 1980’s Splinter Group, led by Russell Murphy and assisted by Frances Miranda and Ihrene Scearse (later on the enrollment committee and committed to removing tribal members). Non-enrolled members of Pechanga, they started attending meetings and disrupted the regular goings on of the business. They announced that they were separating from the band and forming their own Tribe. They petitioned the BIA to recognize them, but the BIA refused.With few exceptions, no member of the splinter group applied for membership because they knew they could not meet the constitutional requirements established by the Pechanga Band.The actions of the splinter group raise legitimate questions: Are they really Pechanga? Are they able to document their lineal descent from an Original Pechanga Temecula Person as the Pechanga Bands Constitution and Bylaws require? Did they figure that disruption of tribal matters was the way to go?
At Pechanga, those involved in the disenrollment of tribal members include:Ihrene Scearce, Frances Miranda, Ruth Masiel, Bobbi LeMere, Jennie Miranda, Andy Masiel, Russell "Butch" Murphy, Raymond Basquez, Vincent Ibanez, Gary DuBois, Yolie McCarter and Mark Macarro. They are responsible for the dead of those who have been disenrolled from Pechanga.
Chronology of Events
1. In December 2001, Yolanda McCarter (niece of Irene Scearce and Ruth Masiel)
OP: and she is the one on the Pechanga infomercial saying she could die happy if she didn't have the casino money.) submitted a letter to Enrollment Committee demanding the Committee research several families including ours. The request stated that "this (be) straightened up before the next election in July." (So that there would be less votes, a clear sign that they wanted to disenfranchise "several families")
2. In June 2002, Enrollment Committee Chairperson Mary Magee is removed from the Committee for divulging confidential information. (She was caught talking about other families. Her sister is Gloria Wright, who is CPP) A petition is justified to amend the Disenrollment Procedures. A vote to approve or deny the petition is set for July 2002. (Petition is not brought forth until February 2003.) The newly built Pechanga Resort and Casino is opened. This is a permanent structure which replaced the original Casino structures which were in modular and sprung structure. In October 2002, 2 new members are elected to Enrollment Committee to bring membership up to required 10 members. (A member retired from Committee in September 2002). Olivia Walls is elected Committee Chair, and we request an audit of Enrollment Committee activities for the previous years and advice from our legal counsel at California Indian Legal Services on how to address wrong-doings by Committee and Committee members. Our legal counsel is told by John Macarro not to take any action to assist the Committee or answer our questions regarding the wrong-doings. (Wrong doings include enrollment of adult family members of 'certain' enrollment committee members.)
3. November 12, 2002, members of the Enrollment Committee, acting without a quorum and outside the Committee's procedures, serve several other Committee members with disenrollment summonses. The Committee members who took the action were- Irene Scearce, Ruth Masiel, Frances Miranda, Margaret Duncan, and Bobbi Lamere. Those served include John Gomez, Theresa Spears, Olivia Walls, and Sandra Garbani. (Lamere later gets her family members enrolled in the tribe, during the "moratorium"
4. On December 10, 2002, Concerned Pechanga People (These were part of the splinter group, many who were not on the original 1979 membership roll, as the Hunters were) submit documents to the Enrollment Committee questioning the lineal descent of several families including the Manuela Miranda descendents, Paulina Hunter descendents, and Garbani descendents. This action was taken a month after the above action. The Concerned Pechanga people are immediate family and friends of Committee members who initiated the November 12, 2002 action. (See list of Pechanga Enrollment Committee members, Splinter Group and Concerned Pechanga people).
This group is an offshoot of the 1980’s Splinter Group, led by Russell Murphy and assisted by Frances Miranda and Ihrene Scearse (later on the enrollment committee and committed to removing tribal members). Non-enrolled members of Pechanga, they started attending meetings and disrupted the regular goings on of the business. They announced that they were separating from the band and forming their own Tribe. They petitioned the BIA to recognize them, but the BIA refused.With few exceptions, no member of the splinter group applied for membership because they knew they could not meet the constitutional requirements established by the Pechanga Band.The actions of the splinter group raise legitimate questions: Are they really Pechanga? Are they able to document their lineal descent from an Original Pechanga Temecula Person as the Pechanga Bands Constitution and Bylaws require? Did they figure that disruption of tribal matters was the way to go?
At Pechanga, those involved in the disenrollment of tribal members include:Ihrene Scearce, Frances Miranda, Ruth Masiel, Bobbi LeMere, Jennie Miranda, Andy Masiel, Russell "Butch" Murphy, Raymond Basquez, Vincent Ibanez, Gary DuBois, Yolie McCarter and Mark Macarro. They are responsible for the dead of those who have been disenrolled from Pechanga.
Chronology of Events
1. In December 2001, Yolanda McCarter (niece of Irene Scearce and Ruth Masiel)
OP: and she is the one on the Pechanga infomercial saying she could die happy if she didn't have the casino money.) submitted a letter to Enrollment Committee demanding the Committee research several families including ours. The request stated that "this (be) straightened up before the next election in July." (So that there would be less votes, a clear sign that they wanted to disenfranchise "several families")
2. In June 2002, Enrollment Committee Chairperson Mary Magee is removed from the Committee for divulging confidential information. (She was caught talking about other families. Her sister is Gloria Wright, who is CPP) A petition is justified to amend the Disenrollment Procedures. A vote to approve or deny the petition is set for July 2002. (Petition is not brought forth until February 2003.) The newly built Pechanga Resort and Casino is opened. This is a permanent structure which replaced the original Casino structures which were in modular and sprung structure. In October 2002, 2 new members are elected to Enrollment Committee to bring membership up to required 10 members. (A member retired from Committee in September 2002). Olivia Walls is elected Committee Chair, and we request an audit of Enrollment Committee activities for the previous years and advice from our legal counsel at California Indian Legal Services on how to address wrong-doings by Committee and Committee members. Our legal counsel is told by John Macarro not to take any action to assist the Committee or answer our questions regarding the wrong-doings. (Wrong doings include enrollment of adult family members of 'certain' enrollment committee members.)
3. November 12, 2002, members of the Enrollment Committee, acting without a quorum and outside the Committee's procedures, serve several other Committee members with disenrollment summonses. The Committee members who took the action were- Irene Scearce, Ruth Masiel, Frances Miranda, Margaret Duncan, and Bobbi Lamere. Those served include John Gomez, Theresa Spears, Olivia Walls, and Sandra Garbani. (Lamere later gets her family members enrolled in the tribe, during the "moratorium"
4. On December 10, 2002, Concerned Pechanga People (These were part of the splinter group, many who were not on the original 1979 membership roll, as the Hunters were) submit documents to the Enrollment Committee questioning the lineal descent of several families including the Manuela Miranda descendents, Paulina Hunter descendents, and Garbani descendents. This action was taken a month after the above action. The Concerned Pechanga people are immediate family and friends of Committee members who initiated the November 12, 2002 action. (See list of Pechanga Enrollment Committee members, Splinter Group and Concerned Pechanga people).
Saturday, January 3, 2009
Amend or repeal public law 280?
While some tribes are calling for an amendment or repeal of P.L. 280, what are the protections for members who have had their rights violated by corrupt factions of a tribal government? What are the protections for Indians who have allotted land on Reserves from retaliation from corrupt tribal governments?
P.L. 280 is a maze of complexity that pits state jurisdiction against tribal sovereignty, criminal laws against regulatory issues, and has caused discontent, confusion, and, in some cases, tragedy in Indian country and among some state and local law enforcement and criminal justice officials. When P.L. 280 was passed in 1953, it was an expression of the federal government’s intention to terminate its relationship with Indian tribes and force their members into mainstream society by subjecting them to state law. The law gave criminal justice jurisdiction to six states – without tribal consent. The empowered states got to enforce their statewide criminal laws against Indians and non-Indians who committed offences in Indian country on reservations. Between 1953 and 1968 when the Indian Civil Rights Act passed, states could opt in to P.L. 280 without tribes’ consent. After 1968, states needed a positive vote from tribes in order to adopt P.L. 280. But to this day, states can opt out – or retrocede – from P.L. 280, handing criminal jurisdiction on tribal lands back to the federal government, while tribes have no such option.Over the years, P.L. 280 has generated huge conflicts on borderline issues between criminal laws and regulatory laws conflicts, Goldberg said. For example, are speeding laws driving regulations or criminal prohibitions against driving too fast? The answer would determine whether a tribe or state has jurisdiction over such a traffic violation.
Carol what happens to corrupt tribal governments when they trample on their members Civil Rights, who is leaning on tribes to follow their constitutions and bylaws?
P.L. 280 is a maze of complexity that pits state jurisdiction against tribal sovereignty, criminal laws against regulatory issues, and has caused discontent, confusion, and, in some cases, tragedy in Indian country and among some state and local law enforcement and criminal justice officials. When P.L. 280 was passed in 1953, it was an expression of the federal government’s intention to terminate its relationship with Indian tribes and force their members into mainstream society by subjecting them to state law. The law gave criminal justice jurisdiction to six states – without tribal consent. The empowered states got to enforce their statewide criminal laws against Indians and non-Indians who committed offences in Indian country on reservations. Between 1953 and 1968 when the Indian Civil Rights Act passed, states could opt in to P.L. 280 without tribes’ consent. After 1968, states needed a positive vote from tribes in order to adopt P.L. 280. But to this day, states can opt out – or retrocede – from P.L. 280, handing criminal jurisdiction on tribal lands back to the federal government, while tribes have no such option.Over the years, P.L. 280 has generated huge conflicts on borderline issues between criminal laws and regulatory laws conflicts, Goldberg said. For example, are speeding laws driving regulations or criminal prohibitions against driving too fast? The answer would determine whether a tribe or state has jurisdiction over such a traffic violation.
Carol what happens to corrupt tribal governments when they trample on their members Civil Rights, who is leaning on tribes to follow their constitutions and bylaws?
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