Criminal

Indian Law Resource Center Video: “To the Indigenous Woman”

Matthew L.M. Fletcher

From the ILRC:

Please visit our website at www.indianlaw.org and share our new video, “To the Indigenous Woman,” which is intended to raise awareness and help end violence against Native women.  If you click on the Take Action button, you will also find our first video, “Three Little Indians,” released about two weeks ago, along with oither resources and live testimony from our recent thematic hearing on violence against Native women before the Inter-American Commission on Human Rights.  Ryan Red Corn (Osage), with the help of the 1491s, developed the videos for us.

As you may know, on Thursday, November 10, 2011, the Senate Committee on Indian Affairs held a hearing on S. 1763, the SAVE Native Women Act, recently introduced by Chairman Akaka.  The hearing will be viewable by live webcast at http://indian.senate.gov/hearings/.

Thank you.

Jana

Jana L. Walker

Indian Law Resource Center

U.S. Attorney Declines to Prosecute White Mountain Election Fraud Claims

Matthew L.M. Fletcher

Here is the report:

US Atty Declination on WMAT Referral

Here is our posting of the independent investigative report.

Written Testimony on SAVE Native Women Act in Yesterday’s SCIA Hearing

Matthew L.M. Fletcher1 Comment

Here is the link to the hearing site.

Here are the relevant witnesses:

Panel #  2

Mr. Tom Perrelli
Associate Attorney General
U.S. Department of Justice, Washington, DC

Panel #  3

Ms. Suzanne Koepplinger
Executive Director
Minnesota Indian Women’s Resource Center, Minneapolis, MN

Mr. Thomas B. Heffelfinger
Attorney
Best & Flanagan LLP, Minneapolis, MN

  • No testimony yet.

DOJ Release on Special AUSAs from Indian Country (Arizona)

Matthew L.M. Fletcher

MULTIPLE TRIBAL COMMUNITY PROSECUTORS RECEIVE FEDERAL CROSS-COMMISSIONING

From October 31 through November 4, the United States Attorney’s Office for the District of Arizona held a week-long course to train prosecutors from several of Arizona’s tribal governments so they may participate in the federal prosecution of offenders from their communities.

The training kicks off the U.S. Attorney’s Office -Tribal Special Assistant United States Attorney (SAUSA) program.  This cross-commissioning is encouraged by the Tribal Law and Order Act and mandated by the District of Arizona’s Operational Plan for Public Safety in Indian Country click.

The goal of the Tribal SAUSA program is to train eligible tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable criminal offense is prosecuted in tribal court, federal court or both.  The program also allows the tribal prosecutors to co-counsel with federal prosecutors on felony investigations and prosecutions of offenses arising out of their respective tribal communities. After completing training, each tribal SAUSA will be mentored by an experienced federal prosecutor assigned to the District of Arizona’s Violent Crime Section

The District of Arizona’s SAUSA program currently has 13 participants from 8 participating tribes – the Salt River Pima-Maricopa Indian Community, the Gila River Indian Community, the Fort McDowell Yavapai Nation, the Pascua Yaqui Tribe, the Colorado River Indian Tribes, the Tohono O’odham Nation, the Hopi Tribe, and the White Mountain Apache Tribe —  and is expected to grow.

Seven tribal prosecutors participated in the training course this week, which included classroom work and participation in proceedings before the federal court and grand jury. The remaining participants will attend an identical training planned for January 2012.

RELEASE NUMBER: 2011-247(Tribal SAUSAs)

# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visithttp://www.justice.gov/usao/az

Tenth Circuit Declines to Issue Certificate of Appealability to Andrew John Yellowbear

Matthew L.M. Fletcher

Here is the unpublished order.

Here are prior orders from federal and state courts in this matter.

Classic example of how Indian country is prejudiced in criminal cases Indian tribes cannot control; here, courts found the Wind River Reservation diminished.

International Commission Holds Historic Hearing on Violence Against Native Women in the U.S. – U.S. Officials and Native Advocates Agree Violence Must End

Kirsten Matoy Carlson
Terri Henry, Co-Chair, National Congress of American Indians Task Force on Violence Against Native Women, and Tribal Council Representative, Eastern Band of Cherokee Indians, encouraged the Inter-American Commission on Human Rights to visit Native communities to learn more about the epidemic of violence against Native women. An ILRC photo by Leonardo Crippa.

WASHINGTON, D.C. — During an historic hearing dedicated to their missing and murdered Native sisters throughout the Americas, Native women and tribal advocates resorted to an international human rights body to raise global awareness on the epidemic of violence against Native women in the United States.   Representatives of the United States appearing at the hearing admitted that this level of violence against Native women is “an assault on the national conscience.” Continue reading →

Full Text of SAVE Native Women Act

Matthew L.M. Fletcher

A link to the full text of S. 1763 is here.

M. Brent Leonhard on an Oliphant Fix

Matthew L.M. Fletcher5 Comments

M. Brent Leonhard has posted his paper, “Closing a Gap in Indian Country Justice: Oliphant, Lara, and DOJ’s Proposed Fix,” on SSRN.

Here is the abstract:

This paper analyzes whether DOJ’s proposed legislative fix to allow tribes to prosecute limited non-Indian domestic violence crimes is legally permissible by closely analyzing the decisions in Oliphant and Lara. Given the closely circumscribed requirements for the exercise of such power, and past decisions of various justices, this article concludes that it is within Congress’ power to recognize the inherent power of tribes to prosecute non-Indians for domestic violence crimes against Indians.

Idaho State Bar Journal “Advocate” Publishes Indian Law Rebuttal: Benewah County, Idaho Does Prosecute Non-Indians

Matthew L.M. Fletcher

Douglas Payne, Benewah County Prosecutor, responds to the notion that non-Indians can get away with crime in Indian country because no one will prosecute them in his short paper, “Criminal Jurisdiction in Indian Country: Complicated by Design, but Not Lawless.” It’s available on page 48 here.

He is responding to Brian McClatchey’s paper in the August issue — “The Tribal Law and Order Act of 2010: Toward Safe Tribal Communities” — available on page 24 here.

Sen. Akaka Introduces SAVE Native Women Act

Matthew L.M. Fletcher1 Comment

SENATOR DANIEL K. AKAKA INTRODUCES BILL TO PROTECT NATIVE WOMEN AGAINST DOMESTIC VIOLENCE AND SEXUAL ASSAULT
The Stand Against Violence and Empower Native Women (SAVE Native Women) Act would empower Tribes to prosecute violent crimes and improve prevention programs

WASHINGTON, D.C. – U.S. Senate Indian Affairs Committee Chairman Daniel K. Akaka (D-Hawaii) today introduced S.1763, the Stand Against Violence and Empower Native Women (SAVE Native Women) Act. The bill would provide Indian Country with jurisdiction over non-Indians who commit crimes on Indian lands, improve the Native programs under the Violence Against Women Act (VAWA), and improve data gathering programs to better understand and respond to sex trafficking of Native women.

Senators Al Franken (D-Minnesota), Tom Udall (D-New Mexico), Daniel K. Inouye (D-Hawaii), Mark Begich (D-Alaska), Patty Murray (D-Washington), TimJohnson (D-South Dakota), Jeff Bingaman (D- New Mexico), Jon Tester (D-Montana) and Max Baucus (D-Montana) are cosponsors of the bill.

“According to a study by the Department of Justice, two-in-five women in Native communities will suffer domestic violence, and one-in-three will be sexually assaulted in their lifetime. To make matters worse, four out of five perpetrators of these crimes are non-Indian, and cannot be prosecuted by tribal governments. This has contributed to a growing sense of lawlessness on Indian reservations and a perpetuation of victimization of Native women,” said Senator Akaka.

“American Indian women suffer disproportionately from domestic violence and sexual assault, and the Violence Against Women Act must be updated to more effectively address their unique needs,” said Senator Franken.

“This legislation works to ensure services are available to survivors of assault in native communities, repair a fragmented criminal justice system, and give tribes more power to prosecute those who are committing such heinous crimes against women,” said Senator Udall.

“By strengthening tribal jurisdiction we are empowering our Native communities with the tools they need to fight back against instances of violence,” said Senator Begich.

“We cannot let the next generation of young Native women grow up as their mothers have-in unbearable situations that threaten their security, stability, and even their lives,” said Senator Akaka.

“With the introduction of this legislation, the sponsors are sending a clear message that Congress intends to build on the incredible momentum of VAWA to ensure that the epidemic of violence against Native women will end in our lifetime,” said Sarah Deer, Amnesty International’s Native American and Alaska Native Advisory Council Member.

“Senator Akaka’s SAVE Native Women Act has the potential to restore safety and justice for American Indian and Alaska Native women. It offers American Indian tribes the opportunity to increase life-saving protections for women living within tribal jurisdiction,” said Terri Henry, Co-chair of the National Congress of American Indians (NCAI) Task Force on Violence Against Women.

“This is an epidemic. It is unacceptable. And, we must stand against it,” said Senator Akaka. “I am committed to working with the co-sponsors, tribal leaders, NCAI and others who diligently work to protect at-risk Native women, to pass this much needed legislation.”

Senator Akaka’s floor statement introducing the bill today is available here:
http://akaka.senate.gov/statements-and-speeches.cfm?method=releases.view&id=28f371bf-c01f-4ea5-a42b-72359ea839e7

Audio file of Senator Akaka’s comments are available here:
http://demradio.senate.gov/actualities/akaka/103111_AKAKA_1_RADIO.mp3