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Show P 8 Thursday, October 24, 1974 The Ute Bulletin Judge Cites "Governmental Misconduct" In Dismissal of Charges Against Defendants ST. PAUL, Minn. -(- AIPA)Governmental misconduct throughout the federal trial of Russell C. Means and Dennis J. Banks resulted in the granting of a defense motion for dismissal of charges against the two here Sept. 16 by Federal District Court Judge Fred J. Nichol at the stormy conclusion of the nation's longest and most bizarre political trial in history. able in over eight months of trial Delivering a stinging rebuke to the chief federal prosecutor and the testimony to produce sufficient eviFederal Bureau of investigation (FBI) dence," although he granted that Banks and Means had leading roles in the and the Justice Department, Judge controversial occupation. Nichol said he was pushed over the Government misconduct primarily brink when the Justice Department in spurred him to order dismissal of the five Washington refused to allow a shrunken remaining charges, he said. He drew jury to come to a unanimous verdict in the sometimes noisy trial which began parallels between the Wounded Knee last Jan. 8. conspiracy case and the Los Angeles trial of final Daniel Ellsberg, where Judge its reached trial The prolonged Matthew Byrne struck new ground in verdict stage Sept. 12 when a throwing out charges against the man jury was sequestered here. The following one-ho- ur er day, however, the oldest of the jurors, Mrs. Therese Cherrier, suffered a cerebral vascular accident a stroke -cheek one a hand. and paralyzing Alternate jurors had already been dismissed by the judge, creating a legal who leaked the Pentagon Papers when it was determined that Nixon administration agents had illegally Three days later, the Criminal Division of the Justice Department notified Judge Nichol that it did not desire to continue toward a verdict with a jury of 11. And Nichol at 3:00 p.m. Sept. 16 convened the jury, defendants and lawyers before a packed courtroom to announce his "The FBI has certainly deteriorated. That's clearly demonstrated in the way the FBI has operated in relation to this trial. And there's something even more serious: Mr. Hurd deceived us with regard to the events in Wisconsin, the sordid story of what went on over in Wisconsin." Nichol said Minneapolis FBI Special Agent in Charge Philip Enlow - so-call- broken into Ellsberg's psychiatrists officer there. FBI Deteriorated dielemma. decision. When Nichol adjourned the court, defendants Means and Banks embraced each other emotionally, then hugged members of the legal defense team, relatives and friends. The jubilant duo then met friends and the press outside the heavily protected court building, and a victory party attended by most of the Paul jurors and the Minneapolis-St- . Indian community and sympathizers went into the wee hours of the morning at the nearby St. Paul Holiday Inn. Four Reasons Nichol earlier had told the court he was dismissing the five remaining charges against Means and Banks because his deepest hope and expectation have been dashed" by the conduct of the federal government. Nichols gave the following four reasons: Witness Alexander Richard (Oglala Sioux) had given testimony in court "completely contradicting statements he had given on an earlier FBI affidavit, and the FBI had concealed that affidavit from the court; -- Witness Louis Moves Camp (Oglala Sioux), who hail barely missed a rape charge in River Falls. Wise., enroute to the trial in the company of two FBI agents, was the subject of a cover-uby the FBI and Chief Prosecutor R.D. Hurd who intentionally misled this court; -- Illegal involvement of the U.S. military by the federal government during the Wounded Knee occupation, including covert support services and domestic surveillance. Said Nichol: We don't want the military running the civil affairs of this country; -- Refusal by the Justice Department to permit this case to go to verdict constituted Nichol's fourth stated reason for dismissal of the five charges against the two men of conspiracy, one count of burglary related to theft of trading post items, and three counts of assault against federal officers. Nichol last Aug. 7 and on Aug. 9 had dropped five other federal counts against the pair. The only good thing I'm going to say about the Department of Justice is that they made a decision," chided Nichol, who added It's been a bad year for justice-- a bad year for justice. He rebuked Prosecutor Hurd for presenting his case beyond ethical bounds, and reminded him that the role of the prosecutor is not to win a case but to see that justice is done. Nichol charged that the Justice Department had not been p had directed prosecutor Hurd not to seek a lie dectector test for star prosecution witness Louis Moves Camp, 22, who at first appeared to be the bearer of the most destructive testimony but whose testimony itself was finally and merci- lessly destroyed under heavy interrogation of defense lawyers near the end of the trial. Moves Camp had received around $2,000 for his witness services, . court data revealed. The prosecutor has been guilty of misconduct not in accord with the highest standards we have a right to expect, offered Nichol to the attentive courtroom. . . .1 thought a new chapter (in justice) would be written with a new President, and I'm afraid that's not going to happen. Just look at the incredible conduct of the Justice Department. Nichol also accused the FBI of using pressure to force Wisconsin law enforcement officers not to press rape charges against Moves Camp enroute to the trial. There's no direct testimony" of an FBI fix, said Nichol, but I dont think they had to tell them. I think they got the message." Nichol added that the Prosecutor's errors of judgement and negligence could have been avoided if he had checked half as hard as the defense lawyers. I'm ashamed the government was not represented better. Prosecutor Hurd left the courtroom immediately following the court's adjournment, but later in the day told the media he would seek a reversal of Nichol's decision in an appellate court. A Victory Far Uhn" A jubliant Dennis Banks, 43, said the dismissal of charges was f . antastic, and read a statement describing the legal culmination of the Wounded Knee occupation people." a victory for all Indian A pensive Russell Means, 35, told AIPA he believed the Nichol dismissal would result in the freeing from charges of about 100 Indian men and women of varous ages not caught up in the courts of South Dakota and Nebraska in relation to the seizure of the tiny Oglala Sioux village last year. Having the 1868 Sioux Treaty introduced as evidence in a criminal trial and studied by a deliberating jury, said Means, was a major victory in the history of Indian affairs." Its only firmed up my belief that Indian people as a sovereign people Fred Gonetdi fcmtsd Director Of IHe Musoum belong in the international community and not in the Interior Department along with the Bureau of Mines and Bureau of Reclamation. The only thing Ive gotten out of this trial is a furtherance of my belief that the government is crooked. But Indian people have always known that. Theyve always dealt with corruption at the BIA level. When the white man has experienced it at the White House level, now in this trial everyone concerned with it has experienced it right a new President during the trial-aft- er and everything. That's the only thing thats further radicalized me insofar as my distrust of government is concerned. That's the sad part. Dennis Banks and I believe more strongly in the judicial process than the United States government and the Attorney General of the United States. First of all, the government doesnt want the people of this country to decide the fate or guilt or innocence of (former President Richard) Nixon. And now the U.S. government had again stepped in and won't let a jury of the American people decide-t- he fate or guilt or innocence of Dennis and myself. It's really sad. Here were supposed to be the radicals. We wanted it to go to the jury and the government didnt. They distrust the judicial system. And I'm supposed to be a radical, a militant who doesn't believe in the system. An we were prevented from using the very same system they say we don't want. decide-representat- ives . Indian Magazine Stresses Positive Aspects Of Life Publisher OREGON, 111. -(- AIPA)William Janney is planning to bring out a new color magazine entitled INDIAN LIFE sometime in September or October. It will be a monthly with a consuming desire to talk about the good occuring among Indians, not tragedies and assassinations," Janney told AIPA. Janney is an Tribal Historian Fred Conetah has been named director of a Ute museum to be established at Fort Duchesne, according to a resolution passed by the Business Committee. Mr. Conetah resigned from the Business Committee earlier this year to research Ute history and legends under a grant from the Research and Cultural Studies Development Section of the Bureau of Indian Affairs and the Ute Tribe. The result of that research is the recently-publishe- d Stories of Our Ancesrelated tors (see story in this issue of the Ute Bulletin). The tribal museum, which will House Ute artifacts as well as the Ute archives, will be located temporally in the former Law and Order Building at Fort Duchesne. Mr. Conetah is currently seeking funds to either renovate the existing structure or to construct a new museum. Rodeo Finals Produces First Champions All-Indi- an RENO, NEV. annual All-India- n they drink a lot, he notices. What people think about Indians stupidly is a creeping cancer. If you're Indian youve got to be dangerous." Janney hopes that his upbeat magazine can do for Indians what EBONY did for American blacks us not to seeing ourselves as down. "being - The first (AIPA) Rodeo Championship at the Washoe attracted Indian cowboys from all parts of the West as well as 3,000 Indian spectators. The Western States Indian Rodeo Asociation (WSIRA), formed earlier this year, sponsored the event which was hosted jointly by the Pyramid Lake Indian Rodeo Association on the nearby Pyramid Lake Paiute Reservation and the Reno Junior Chamber of Commrece. Competing for top prizes in saddle bronc riding, bareback riding, bull riding, calf roping, team roping, wild cow milking, bulldogging and barrel racing were 20 WSIRA member cowboys plus 20 radius of local cowboys within a Reno. The first set of winners in the local rodeo events included Butch Little Moustache (All Around Cowboy), Bill Ilerrara (bareback riding and wild cow milking), Jim Best (bull riding), Vince Garcia (saddle bronc riding) and Bonny Hicks (barrell racing). finals, held Sept. 20-2- 2 County Fairgrounds, 50-mi- le r Anglo-America- n. Many people thing Indians are great for heights (the steelworkers) and that - Cattle Sale Pertpeaed (Continued from page 1) feed-lo- t owners cannot afford such a loss and are offering much lower prices to year cattle producers. -- An over-suppl- y ( of cattle on the market: There are an estimated two million more head of cattle on the market this year than there were last year and One writer for INDIAN LIFE is" the demand for red meat has declined. -- A change in the buying habits of scheduled to be former Nixon speech-write- r housewives: As the price of beef rose in John Andrews, now with stores the last year, housewives bought Adventures Unlimited in the Southwest. less meat. Though the market price of Janney is seeking able Indian cattle has the retail prices have declined, as well, he says. On the cover of remained generally high due to increased the first issue will be Miss Indian costs and profits at the meat packers and American XX, Claire Aca Manning, in the grocery stores. High prices and full color, with a color spead inside too. y meat substitutes have kept, Also featured will be the in great numbers from housewives of Cochise, Sam Kinsolving of Alabama. to meat counters for the better returning Janney wants to serialize Robert beef cuts. quality Havinghurst's recent book TO LIVE ON THIS EARTH, focused on American In addition to this, the costs of Indian education. producing cattle have risen. Cattle sold at Full address and phone of the new thirty cents a pound will result in a loss for the enterprise instead of a profit. planned 400,000 - circulation magazine are: Editor William Janney, INDIAN According to Brown, labor costs (largely LIFE A JOURNAL OF AMERICAN raises for livestock employees) have risen INDIAN PROGRESS. 21st Century machinery costs have spiraled Publishers, 4th & Washington St., almost 100 as the price of steel rose, Oregon, 111. 61061. Tel: (815) and supplemental feed is up 40 business or (312) home. Cost harvesting supplies have soared 210 may be set between 60c and $1.00 per (baling twine this year cost $27 but only issue. $9.25 last year). author-contributo- rs less-costl- great-grandso- n 30, 732-680- 5 358-804- 0 |