Indigenous Peoples and Human Rights

October 15, 2016

Mohawk Nation News 'Jury Summation'

JURY SUMMATION

mnnlogo1

Please post & distribute.
MNN. 15, 2016. The following jury summation by one of the victims/plaintiffs was stopped half way through by Judge Frederick Scullin. NYS delayed this trial for almost 20 years.
Freddie Scullin [Bones] instructing the court.
Freddie Scullin [Bones] instructing his court.
 Three lawyers will Appeal the Jury Verdict in Jones, et al v. Parmley, et al to the Second Circuit Court of Appeals on behalf of all 15 Plaintiffs.
Justice delayed is par for the course.
“We tried to give you evidence of what happened to us on May 18, 1997:
1.The easement issue is false. In Oct. 2005 Justice Sonia Sotomayor of the US Supreme Court for the 2ND Circuit Court explained in Jones v. Parmley that NY Interstate 81 is on the Jones property. The Jones Family gave NYS Dept. of Public Works a limited right to go on their private property to repair the highway. No right was given to the NYS Police. This includes acreage next to the highway on which the Jones house and yard are located. The NYSP I-81 INDIAN Detail was trespassing when they attacked the people on May 18, 1997. [2nd Circuit opinion].consensus
The attempted massacre to get us off a highway on our land which we were not on is not justified. All INDIAN Detail police witnesses at the trial said the plan was to clear the highway. They marched, lined up, came onto the private property towards us, beat us and then arrested us. It is unlawful to attack a peaceful gathering on private property!
2.District Attorney Mulvey said it’s all about money. We are all pro se, without lawyers, because our lawyers [Hoffman, Aniello and the others] dropped us without notice. There were over 100 of us victims, mostly women and children. 125 plus and over 200 Jane and John Does were on the INDIAN Detail who acted as a unit. There are now 54 charged!
I-81 INDIAN DETAIL MISSION STATEMENT.
I-81 INDIAN DETAIL MISSION STATEMENT.

3.The attack, beating and arrests were criminal,. It was during the start of the ohenton kariwa tekwen, a sacred ceremony. They busted it up, violating our first amendment rights.
4.NYS Police has no Caucasian, African-American or any other racial profile Detail. Only an I-81 INDIAN Detail. We were singled out as INDIANS.
5.Mulvey demanded we identify our assailants when the INDIAN Detail can’t even identify each other. The INDIAN Detail met at the staging area at the Kmart and the Fire Hall in Nedrow to plan this premediated attack. There was to be no negotiation.
NYS INDIAN Detail two-step to knock out ceremonies on onkwe'hon:weh land.
NYS INDIAN Detail two-step to knock out ceremonies among onkwe’hon:weh people at onondaga.
6.Mostly women and children were sitting around chatting at picnic tables on a nice sunny day. The children were playing nearby.
7.Videos show nobody on the highway then. Cars were slowed down.
8.At the ceremonial fire somebody said they saw cops marching down the highway towards us. We saw no one on the highway. The cops had stopped or slowed down the cars. We saw the military unit marching with riot gear, guns, batons and other war equipment. We felt totally threatened.
9.Most of us were around the ceremonial fire in the field about 150 yards from I-81. The attack was a violation of our inherent rights. The evidence proves we were not protesting. We immediately started looking for our children.
federal-reserve-joke-meme
10. We saw the I-81 Indian Detail line up along the highway and silently march towards us. They were wearing military helmets, visors, we couldn’t see their eyes, no name plates and started doing their dirty deed. They started to hit everybody. There was chaos. Everyone was yelling, “Get the kids. They’re going to kill us”.
11.The INDIAN Detail surrounded us. We tried to back away. We never heard any commands that we disperse or that we would be arrested. My granddaughter had been grabbed and thrown into a van or car and driven away. I later found her waiting with other people at a restaurant.
12.Our children were hysterical, screaming and crying as they saw their parents being beaten. They will never forget this. The Indian Detail grabbed two children on Kennedy Road and slammed one of them against a car. They ran for their lives.
I-81 INDIAN Detail: "Just following orders"!
I-81 INDIAN Detail: “Just following orders”!
13.Women were shaking as they hid in the bush hanging on to their babies.
14. Why didn’t Beach and Parmley meet with us to politely ask, “Please don’t go on the road”. One squad car parked on the side of the highway would have been enough.
15.The Indian Detail was staged at the Fire Hall and Kmart. Over 75 victims are not here today. Some have passed away. This premeditated attack was based on surprise ambush tactics. One witness said that BIA tribal chiefs Oren Lyons and Ollie Gibson were at the fire hall during the planning of the attack. This indicates their complicity.
16.The Indian Detail wore no nameplates. [NYSP Supt.] George Beach went around the Fire Hall and ordered them to remove them so no one could identify them. As soon as they removed their badges, they all knew they were breaking the law.
Cops hard at work.
Cops hard at work.
17.Everyone has a right to defend themselves against illegal assault by outside forces.
18.Dennis Blythe, the special investigator, met regularly for 12 years with the tribal chiefs at Orchard Valley golf club and sat in the longhouse with them. Setting up the Indian Detail racial profile means he, Parmley and Beach new such ceremonies are part of our culture. Their attack is an act of genocide to eliminate part of a racial group. Gibson told the Indian Detail to “arrest everyone”.
19. Ignorance of the law is no excuse. The First amendment provides that the cops have a duty to protect everyone’s right to have a ceremony, to assemble peacefully and to speak freely.
20. No one ever told us that we had done anything wrong.  Budgie and Stone Horse both told the commanders that we were not going on the highway and that it was a peaceful gathering that had started on May 8th, which the cops were monitoring. All charges against us were dropped immediately.  hqdefault
21. I-81 Indian Detail worked as a unit and committed criminal assaults together. They should all be convicted. Everything happened to all of us.
22. Our limited evidence was not disputed nor denied. The Indian Detail said they did not remember very much. They never told us our rights. They had no dispersal plan. There was no dialogue with us. The metal tipped baton is a deadly weapon. In the Nuremburg Trial it was confirmed that “I was following orders” is not a defence. Those in cars and paddy wagons, out of sight, in the offices all played a role.
23. We were terrorized. Mr. Bucktooth was beaten by at least six cops near the ceremonial fire for holding a eagle feather fan. The medicine woman was sitting there when Trooper Smith picked her up with his baton. The handicapped child in the body cast was knocked over and trampled. There was no legal reason to touch any of us, to handcuff us, to rough us up, to push the women or anybody or pull babies out of their seats from the cars and throw them on the ground, to arrest an 11-year old girl and cuff her to a chair for hours at the Police station, or to knock a 6 months pregnant woman on her stomach to the ground and handcuff her behind her back.
what-police-do

Whose peers?
Who are their peers?
24. The jury found the NYS I-81 INDIAN Detail not guilty.
25. Judge Scullin did not allow us to question each juror that was selected or to have our rightful say throughout the trial.
As Bobby Bare points out in his song “The Winner” as he sings to Judge Scullin [Bones]:“Now, you remind me a lot of my younger days, with your knuckles a’clenchin white. But, boy, I’m gonna sit right here and sip this beer all night. And if there’s somethin that you gotta gain or prove by winning some silly fight, well, okay, i quit, i lose, you’re the winner. So i stumbled from that barroom, not so tall and no so proud. Behind meIi still hear the hoots of laughter from the crowd. But my eyes still see and my nose still works and my teeth are all still in my mouth. And you know, I guess, that makes me the winner!”
14449945_10157591708135571_8752493981282670335_n
THE AMBULANCE CHASERS WHO SCREWED THE ONKWE’HON:WEH ARE:
Adam L. Pollock adam.pollock@ag.ny.gov, 
Angela C. Winfield awinfield@barclaydamon.com,
Brittany E. Aungier baungier@barclaydamon.com,
Carol. Rhinehart crhinehart@ongov.net,
Devin M. Cain dcain@maglaw.com,
lkan Abramowitz EAbranowitz@maglaw.com,
Gabriel M. Nugent gnugent@barclaydamon.com, Joanna Gozzi joannagozzi@ongov.net,
Jodi M. Meikin Jpeikin@maglaw.com
CSeel CSeel@maglaw.com
RAnello@maglaw.com
Robert J. Anello ranello@magislaw.com
Terrance J. Hoffman tjhoffman@cnymail.com
TimothY P. Mulvey timothy.mulvey@ag.ny.gov
The jury found the INDIAN Detail innocent of this assault and beating:
MNN Mohawk Nation News kahentinetha2@yahoo.com, for more news, to sign up for MNN newsletters, go to mohawknationnews.com More stories at MNN Archives. thahoketoteh@ntk.com Address: MNN, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. For original Mohawk music visit https://soundcloud.com/thahoketoteh

October 14, 2016

AIM -- Reno charges victims in hate crime toward Native Americans


video screen capture by Censored News

Press Conference/American Indian Movement, Northern Nevada/Abolish Columbus Day

Good Afternoon,

We, the Native American Indian Movement of Northern Nevada, are outraged by the actions of the Reno Police Department. We are disappointed in the charges brought against the driver. It is unreasonable that the victims of this hate crime are being charged. It is not reasonable to have a double standard regarding self defense, based on race. The 'factual account' of events offered by the Reno Police Department did not include any of the eye witness accounts of the individuals stalking the Abolish Columbus Day Protest, the eye witness accounts of them yelling racial slurs, or the aggressive provocation that happened before the video began. 

We demand the charges be dismissed on the two protectors who tried to stop this violent individual. 
We demand that more charges be brought against the driver, and his passenger.
We demand that the City of Reno publicly abolish Columbus Day.
We demand Chief Soto's resignation for his lack of leadership in this investigation.

We will be holding a press conference today, October 15, 2016 at 10AM at Valdez Studio, 940 Matley Lane, Ste 34. 

Solidarity,

Raquel Arthur

Read article on this hate crime at Censored News:
http://bsnorrell.blogspot.com/2016/10/reno-native-americans-run-over-in-hate.html

October 13, 2016

Red Warrior Camp--Warriors to the Frontline Now 'Kill the Black Snake'



Official Red Warrior Camp Frontline Communique
10.13.2016
Red Warrior Camp 
English and Spanish translation by Dr. Villanueva
French translation  by Christine Prat
Censored News

Greetings relatives across the hemispheres. We write you this message from the active frontline resistance along the banks of the sacred Mni Sose river on sovereign Lakota treaty territory.

We are a growing community of dedicated water protectors that have been peacefully defending sacred water from the impending construction/destruction of the Dakota Access Pipeline. We come from many nations and many struggles to denounce the violence done unto our sacred mother by resource extraction industries.

As we fulfill our responsibility to protect this land and water for future generations we are constantly met with heavy-handed responses and state sanctioned repression from militarized government forces. Police harassment in the form of daily helicopter and drone surveillance of our home encampment, the threatened use of military grade weapons, illegal road blockades, and racial profiling are all fear tactics of intimidation intended to break our warrior spirits. Yet we still stand strong in prayer, always united in our collective vision to defeat this Black Snake.

Pipeline investors are desperate to complete their $3.7 billion project on time and winters approach is making living conditions on the plains much more harsh. We now must ask all Land Defenders, Water Protectors, and Strong Hearts to hear our War Cry and join us here in Standing Rock immediately. We are requesting reinforcements from skilled and trained Warriors prepared to evict the Dakota Access Pipeline and protect our homelands and ways of life. Let us kill this Black Snake once and for all.

With Love & Conviction from the Warpath,
Black Snake Killaz - Red Warrior Camp


Comunicado Oficial del Campamento Red Warrior Camp, Territorio soberano Lakota, Dakota del Norte, Estados Unidos.
13/10/2016
Censored News

Saludos a nuestros familiares a través de los hemisferios. Les escribimos este mensaje desde el frente activo de resistencia a lo largo de las orillas del río sagrado, Mni Sose, desde el territorio soberano Lakota.
Cada vez, somos una comunidad más grade de los protectores del agua dedicados, de manera pacífica, a defender el agua sagrada de la inminente construcción / destrucción causada por los oleoductos de la petrolera, Acceso Dakota (DAPL, por sus siglas en ingles). Venimos de muchas naciones y muchas luchas para denunciar la violencia perpetrada a nuestra madre sagrada
(la tierra) causada por las industrias de extracción de recursos.
A medida que cumplimos con nuestra responsabilidad de proteger esta tierra y el agua, para las futuras generaciones, nos encontramos constantemente con las respuestas de mano dura y represión permitida por el estado de las fuerzas militarizadas del gobierno. El acoso policial en forma de vigilancia con helicópteros y drones es un zumbido diario en nuestro hogar en el campamento, la amenaza del uso de armas de grado militar, bloqueos ilegales de carreteras, y las detenciones basadas en la etnia o raza de las personas se han convertido en tácticas de intimidación destinadas a quebrar nuestros espíritus de protectores del agua. Sin embargo, todavía nos sentimos fuertes en la oración, siempre unidos en nuestra visión colectiva de derrotar a esta Serpiente Negra.
Los inversionistas de los oleoductos están desesperados por completar su proyecto de $ 3.7 millones de dólares a tiempo y el invierno, que pronto va a llegar, va a hacer que las condiciones de vida en las llanuras de Dakota del Norte sean mucho más duras. Ahora, tenemos que pedir a todos los defensores de la tierra, protectores de agua, y a los corazones fuertes que escuchen nuestra voz de guerra y que se unan a nosotros aquí en el campamento de Standing Rock inmediatamente. Estamos solicitando refuerzos de guerreros calificados y formados, preparados para desalojar al oleoducto Acceso a Dakota y proteger nuestras tierras y nuestro modo de vida. Matemos a esta serpiente Negra de una vez por todas.
Con amor y con la convicción del camino de la fe de la defensa del agua,
El campamento Red Warrior Camp
Censored News
www.bsnorrell.blogspot.com

Mohawk Nation News 'The Verdict'

THE VERDICT

mnnlogo1

Please post and distribute.
MNN. Oct. 13, 2016. The US District Court of NY has proven that we onkwe’hon:weh cannot get a fair trial on ono’ware:keh, great turtle island. The jury ruled that the 51 NYS I-81 INDIAN Detail had a right to brutally attack over 100 men, women and children on May 18, 1997, without punishment. The people were conducting a thanksgiving ceremony on the Jones private property. This police state precedent must not be allowed to stand. This judgment will be appealed.  policestate1
Judge Frederick Scullin kept out crucial evidence of the pro se victims/the “onondaga 15”, he cross-examined and answered for the cops, selected the jury, most of whom worked for NYS entities, gave the victims 5 minutes for their opening statements and 5 minutes for their closing summation, while badgering and interrupting them throughout. Scullin did not allow any of the plaintiffs to present their case.
We remember!
We remember!
The trial came after an almost 20 year delay. Judge Scullin made many errors, such as:
1.Violations of Due Process of Law [5th and 14th Amendments], and violations of a right to a trial [7th amendment] by an impartial, neutral, and unbiased jury, and freedom of speech [1st amendment].
2. Racial profiling: NYS set up the para-military INDIAN Detail, the ultimate in systemic racial profiling. They did not create an “Italian Detail” or “Black Detail” or “White Detail”. Only those troopers who could actually be identified by Plaintiffs could be implicated in the attack, though each INDIAN Detail member is responsible.
"Your honour, I must protest this is tampering with the jury!"
“Your honour, I must protest this is tampering with the jury!”
3. Keeping out crucial evidence against the cops such as police videos and a 2009 decision of Justice Sotomayor of the US Supreme Court on Jones v. Parmley 98CV374.
4. Lawyers dropped Plaintiffs after 18 years, leaving them without lawyers.
5. “Punitive damages” were not to be considered by the jury for the INDIAN Detail defendants.
6. Plaintiffs were suddenly dismissed without notice [Shawn Jones, Nadine Bucktooth, and Robert Bucktooth III], who were young children at the time of the attack.
7. Dead Plaintiffs were struck from the record without Estate authorization.
Supt. George Beach: "Take off your nameplates".
Supt. George Beach: “Take off your nameplates”.
8. Name badges were removed by order of NYSP Supt. George Beach so victims could not identify them during the horrific attack. Cops had identical interrogatory answers and sworn evidence they forgot.
9. “Appeal my rulings” Scullin told the plaintiffs if they objected to his unexplained rulings.
10. Cross examined defendants and often answered for them.
11. Only one plaintiff was allowed to question witnesses though all had a right to do so.
12. Orders were to clear, arrest and mercilessly beat the onkwe’hon:weh on the “easement” by the side of I-81, which is part of the Jones property. “Don’t talk to anyone and take them anyway you can”. No negotiations! No orders! Get them off their property.
13. Justice Sotomayor of the US Supreme Court clarified in her 2009 judgment for the Second Circuit that the cops could not use “qualified immunity” as a defence. They are all responsible. “Andrew Jones … gave a non-exclusive and limited easement to the New York Department of Public Works to work on the 1-81 road that he also owned.” Judge Scullin refused to put this relevant case law in the case or jury instructions. In fact, the INDIAN Detail trespassed on the Jones private property to carry out the attack, according to Sotomayor.
14. Scullin overruled plaintiffs’ objections without explaining why. He sustained most of Defence Attorney Tim Mulvey’s objections.
15. Scullin instructed the jury without allowing plaintiffs to comment. 
16. Robert Bucktooth beating. One cop testified the six cops almost beat him to death with a steel tipped baton 55 times “for his own safety”.
"How am I supposed to know whether I'm guilty or not? - I'm a sociopath!"
17. Cameraman roughed up. James Parmley arrested him for disobeying police order not to film, indicating a cover-up of their illegal horrific assaults.
18. Plaintiffs never blocked the road. Police slowed traffic for construction. The people were conducting the ohenton kariwa tekwen ceremony, giving thanks to creation. Scullin rejected this inherent ceremony as defined by the 1st amendment.
19. Video audio excluded in trial that included “get him”, “commence arrest”, “kick ass” and the screams, crying and chaos of the hysterical children and women during the attack, who were 75% of the victims.
20. Plaintiff RJ complained he could not get a fair hearing and wanted to appeal. Scullin ordered over a dozen marshals to escort him from the Courtroom. RJ later informed Scullin that one marshal pushed him along and another called him a “savage.” Scullin suggested it did not happen.
Tribal chiefs: "Personally, I could never go back to wearing sheets".
Tribal chiefs: “Personally, I could never go back to sheets now”.
21. Onondaga tribal chiefs Oren Lyons, Ollie Gibson and others permitted the attack of their own people. Subpoenas to question them were improperly quashed on illegal sovereign immunity claims, as they are part of US and NYS laws.
22. No order to negotiate or disperse was given. Peaceful assembly and ceremonial fire started on May 8, 1997 until May 21. Justice Sotomayor said there was no place to disperse on private property. It was an unlawful attack.
23. Illegal taxation issue. The gathering and feast was to be followed by a peaceful discussion on the proposed illegal taxation of all onkwe’hon:weh communities by an illegal agreement between the onondaga tribal chiefs and NYS.
24. Arrests without any probable cause. One cop testified he “assumed” he could arrest! Andrew Jones has a right to have relatives and friends use his property peaceably. The police were the trespassers. larryville-blue-the-officers-career-progression-by-les-lethal
25. Special Investigator Salvatore Volvo. Parmley & Beach stopped him from reporting that police acted unlawfully. Scullin would not let him be a witness.
26. Trial transcript. Every word spoken in the Courtroom must be transcribed and made available to the public.
27.Plaintiffs were bullied and threatened with being dismissed from the case for objecting to his rulings and asking for explanations.
All were affected by the unwarranted police attack and beating. Many still suffer extreme mental anguish and physical damages. This is a bad judgment. It will be appealed. thahoketoteh.
As Stompin Tom Connors sings about the delay in justice that the “onondaga 15” are still dealing with: “When I was a lad, I was really bad, it wasn’t smart to be good. I beat up my dog, choked my frog, and acted just as mean as I could. I hit all the girls, and put gum in their curls, cause I like to hear them cry and plead. I’d punch the little boys and steal all their toys cause I knew they weren’t smarter than me. They call me Ben, here in the pen. where you take the guff and you suffer. But I’ll be free when i’m 53, and I bet I’ll be a whole lot tougher, I hope I’ll be a whole lot tougher. Oh, what’s the use, I guess I’m not a very good bluffer”. 
NYS verdict is that the INDIAN Detail can commit a crime without penalty:
14449945_10157591708135571_8752493981282670335_n
THE AMBULANCE CHASERS WHO SCREWED THE ONKWE’HON:WEH ARE:
Adam L. Pollock adam.pollock@ag.ny.gov, 
Angela C. Winfield awinfield@barclaydamon.com,
Brittany E. Aungier baungier@barclaydamon.com,
Carol. Rhinehart crhinehart@ongov.net,
Devin M. Cain dcain@maglaw.com,
lkan Abramowitz EAbranowitz@maglaw.com,
Gabriel M. Nugent gnugent@barclaydamon.com, Joanna Gozzi joannagozzi@ongov.net,
Jodi M. Meikin Jpeikin@maglaw.com
CSeel CSeel@maglaw.com
RAnello@maglaw.com
Robert J. Anello ranello@magislaw.com
Terrance J. Hoffman tjhoffman@cnymail.com
TimothY P. Mulvey timothy.mulvey@ag.ny.gov
MNN Mohawk Nation News for more news, to sign up for MNN newsletters, go to mohawknationnews.com More stories at MNN Archives. thahoketoteh@ntk.com Address: MNN, Box 991, Kahnawake [Quebec, Canada] J0L 1B0. For original Mohawk music visit https://soundcloud.com/thahoketoteh