AG opinion: Councilor wrongly barred Phoenix video

BY TRAVIS SNELL
Assistant Editor – @cp_tsnell
11/26/2008 11:11 AM
TAHLEQUAH, Okla. – In a Nov. 18 opinion, the tribe’s Attorney General’s Office stated Council Speaker Meredith Frailey wrongly denied the Cherokee Phoenix video coverage of a June public forum concerning the tribe’s planned takeover of W.W. Hastings Indians Hospital.

“The Cherokee Nation Freedom of Information and Right of Privacy Act of 2001 provides members of the public and the press with a statutory right to make sonic recordings at open meetings,” the opinion states. “Government employees and officials do not have the authority to restrict the tribal newspaper staff from making a video recording of a public meeting or forum unless the restriction is reasonable, narrowly tailored, advances a substantial government interest and does not obstruct other alternative forms of communication.”

Cherokee Phoenix staffer Craig Henry said Frailey told him he was not allowed to video record a June 26 public forum where tribal health officials, administration cabinet members and councilors answered questions from the public and discussed Cherokee Nation’s planned assumption of Hastings.

He said before the event Frailey asked CN Communications Officer Mike Miller and CN Leadership Group Leader Todd Enlow if they had set up the camera.

“They told her no, so she turned to me and said I had to take it down,” Henry said. “She told me they (she and forum co-sponsor Councilor Bradley Cobb) were not allowing anyone to record the meeting. She said they were afraid people would be reluctant to speak if there were cameras.”

Henry also said Frailey told him several other media outlets had inquired about video access and that they were denied.

“We considered this a public forum, and it was called primarily for the benefit of W.W. Hastings employees so they could learn and discuss freely the topics concerning the future of Hastings hospital,” Frailey said. “We felt that video taping such an event would have a rather chilling effect on the free flow of ideas and communications concerning the issues that arose.”

However, according to the opinion, “Members of the public may be unable, due to work or family commitments, to attend the forum on the date and time prescribed. Having a recording of the event available to the public allows a larger number of citizens to benefit from the public discourse. Many of the questions asked by members of the public at the forum may be questions of interest to all of the citizens of the Cherokee Nation.”

Jami Custer, the staff writer who covered the forum, said no audience comments were made during or after the officials’ presentation and that audience members wrote questions on paper and put them into a box.

The questions were later read by Cobb, who allowed officials to answer. She added that the only audience member who spoke during the forum did so to reiterate a question he wrote for the panel to answer.

Frailey said the forum’s original plan called for allowing public comments, but because the forum ran long, Cobb, who moderated the event, didn’t open it up for comments.

The two councilors sponsored the forum so the tribe’s negotiation team could publicly present an overview of the proceedings with Indian Health Service about the planned Hastings takeover from the IHS.

Secretary of State Melanie Knight said Cobb and Frailey were two of the four councilors designated by the council’s Health Committee who attended the negotiations.
About the Author
Travis Snell has worked for the Cherokee Phoenix since 2000. He began as a staff writer, a position that allowed him to win numerous writing awards from the Native American Journalists Association, including the Richard LaCourse Award for best investigative story in 2003. He was promoted to assistant editor in 2007, switching his focus from writing to story development, editing, design and other duties.

He is a member of NAJA, as well as the Society of Professional Journalists, Investigative Reporters and Editors, and Society for News Design.

Travis earned his journalism degree with a print emphasis in 1999 from Oklahoma City University. While at OCU, he served as editor, assistant editor and sports reporter for the school’s newspaper.

He is married to Native Oklahoma publisher Lisa Snell. The couple has two children, Sadie and Swimmer. He is the grandson of original enrollee Swimmer Wesley Snell and Patricia Ann (Roberts) Snell.
TRAVIS-SNELL@cherokee.org • 918-453-5358
Travis Snell has worked for the Cherokee Phoenix since 2000. He began as a staff writer, a position that allowed him to win numerous writing awards from the Native American Journalists Association, including the Richard LaCourse Award for best investigative story in 2003. He was promoted to assistant editor in 2007, switching his focus from writing to story development, editing, design and other duties. He is a member of NAJA, as well as the Society of Professional Journalists, Investigative Reporters and Editors, and Society for News Design. Travis earned his journalism degree with a print emphasis in 1999 from Oklahoma City University. While at OCU, he served as editor, assistant editor and sports reporter for the school’s newspaper. He is married to Native Oklahoma publisher Lisa Snell. The couple has two children, Sadie and Swimmer. He is the grandson of original enrollee Swimmer Wesley Snell and Patricia Ann (Roberts) Snell.

News

BY ASSOCIATED PRESS
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06/24/2017 02:00 PM
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BY STACIE GUTHRIE
Reporter – @cp_sguthrie
06/24/2017 11:00 AM
HOPKINSVILLE, Ky. – While traveling the Trail of Tears’ northern route “Remember the Removal” cyclists visited sites where Cherokees stayed during their forced removal in the winter of 1838-39, with several sites housing graves of Cherokees who died along the trek. The Trail of Tears Commemorative Park in Hopkinsville acted as a camping spot and gravesite during the removal. Alice Murphree, Kentucky Chapter of the Trail of Tears Association president, said the site contains Chief Whitepath and Chief Fly Smith’s graves as well as a grave with unknown remains. She said Whitepath, an assistant conductor with the Elijah Hicks detachment, died about 10 days after arriving at the site. “He come sick coming out of Nashville, and as the trail proceeded he felt sicker and sicker. By the time they got to the spot at Hopkinsville he was so ill that the Elijah Hicks detachment had to leave him here and go on,” she said. Murphree said Smith was “sickly” for most of the journey before dying at the site. “Stephen Foreman (minister serving as assistant conductor of the Old Field detachment) and his wife stayed behind with him and that (Old Field) detachment moved on,” she said. “I guess it was just within a day or two. I don’t know exact dates, but they (chiefs) died within hours of one another. They (Foremans) went to the city and asked if they could bury him in the city. The city would not allow them to be buried there. The Latham family owned all of this property and agreed to let him be buried here.” It is said that Cherokees are buried in Union County, Illinois, at the Camp Ground Church and Cemetery. Sandra Boaz, Illinois Chapter of the TOTA president, said it was determined by ground penetrating radar that there are around 10 ground anomalies the sizes of graves at the site. “After 1834 a man by the name of Mr. Hileman took out a land patent and brought his family here. Sometime in the winter of 1837-38 he had two small preschool-aged children who passed away and he buried them, as family oral history says,” she said. “Then when the Cherokee came through…they had made arrangements for them to camp on this site. As they were stopped here due to the ice flows on the Mississippi River, naturally some of them passed away. So story says that Mr. Hileman had them buried out in the field by his little boys. So that was the basis for getting this site certified as a National Trail of Tears site with the National Park Service.” For more information, visit www.nationaltota.com.
BY STAFF REPORTS
06/23/2017 04:00 PM
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BY STAFF REPORTS
06/23/2017 12:00 PM
ROLAND, Okla. – A SWAT team sniper with the Cherokee Nation Marshal Service shot and killed a 57-year-old man on June 8 during a standoff in Roland, according to the Sequoyah County Sheriff's Office. According to a sheriff’s office statement on Facebook, the sheriff’s office received a call around 4 p.m. about a possible suicidal man who had barricaded himself inside an area residence. The post states that when county deputies and Oklahoma Highway Patrol troopers arrived at the residence they found 57-year-old Paul Eugene Mashburn. It also states that as deputies approached the residence Mashburn yelled out the window that he had guns and gasoline and would shoot any officers that came near the house. The statement reads that Mashburn was sending texts messages to family members stating he had gasoline and guns, and that he had poured the gasoline on the carpet and would throw a torch on it if officers tried to enter the home. Mashburn was wanted on an outstanding felony warrant for a kidnapping case in Sequoyah County, the post states. It also states because of Mashburn’s threats and his prior criminal history, Sequoyah County Sheriff Larry Lane contacted the CNMS requesting assistance from its SWAT team. The statement reads that county deputies and OHP troopers maintained perimeter security at the residence as well as constant communication with Mashburn until the SWAT team arrived around 7 p.m. According to the post, the SWAT team negotiator communicated with Mashburn for several hours, trying to get him to exit the residence before Mashburn began breaking windows and threatening officers. “Mr. Mashburn then started a fire inside the residence and continued breaking out windows and eventually opened a window on the east side of the house, yelled again and pointed a pistol out the window at officers,” the statement reads. It was then, according to the statement, that a SWAT team sniper fired a shot that killed Mashburn. The Roland Fire Department then extinguished the fire before the home was completely destroyed. According to the statement, Mashburn was a convicted sex offender and had previous criminal history of robbery, domestic violence and sexual battery. He also had an outstanding warrant from Van Buren (Arkansas) Police Department for domestic battery. “I would like to recognize and thank Detective Christian Goode for staying calm and truly trying to end the standoff peacefully, by staying in constant communication with Mr. Mashburn for several hours,” Sheriff Lane stated. “This was a very stressful situation for everyone involved, and unfortunately ended with a man losing his life.” CNMS Capt. Danny Tanner said the Oklahoma State Bureau of Investigation is investigating the officer-related shooting and would not release the officer’s name.
BY STACIE GUTHRIE
Reporter – @cp_sguthrie
06/23/2017 09:32 AM
TAHLEQUAH, Okla. – After approximately three weeks and 950 miles, the 2017 “Remember the Removal” cyclists formed bonds that will last a lifetime. After seeing sites such as New Echota and Red Clay in Georgia, Mantle Rock in Kentucky and other locations where Cherokees traveled the Trail of Tears’ northern route, they ended their journey on June 22 at the Cherokee Nation Courthouse Square. The ride began June 4 in New Echota and took cyclists through Georgia, Tennessee, Kentucky, Illinois, Missouri, Arkansas and Oklahoma. Mentor cyclist and CN citizen Will Chavez, who participated in the first “RTR” ride in 1984, said coming into Tahlequah and seeing familiar sites and family was “emotional.” “It’s really emotional coming in today, seeing all of the familiar streets and roads, knowing finally I was almost home. Went through a lot of unfamiliar territory for three weeks, so it’s good to be home,” the Cherokee Phoenix assistant editor said. In 1984 he was 17. Now at age 50, he saw the journey with “different eyes” and “new perspective.” “It really was something else. I wanted to learn more, and this time I wasn’t a kid, so I really paid attention more and took in more of the sights and the stories that we heard,” he said. As for those Chavez rode with, he said he watched them “grow” and is “proud” of their accomplishment. “I watched them grow during the weeks and especially the days we’ve endured some tough terrain and heat. They didn’t complain. Everybody stayed together and helped each other, and it was just like quiet resolve,” he said. “I’m proud of them because they really showed a lot of grit and determination.” Eastern Band of Cherokee Indians cyclist Chavella Taylor said she considers the cyclists “family.” “I feel like they are my family now, especially with my EBCI riders. I spent more time with them than my own family,” she said. “It probably took us a week to get close with Cherokee Nation, but they’re my family now. There’s nothing I wouldn’t do for them.” Taylor said being separated from her children was tough, but knowing why she took the journey kept her going. “There were times where I just wanted to quit. I just wanted to go home, and I had the ability to go home. I had every means to go home and quit, but I’m on this ride for a reason,” she said. “I just feel like it was something that I had to do, and everyday I got through it. I’m just glad to be home, and I’m glad that my ancestors sacrificed what they did so that I’m able to be here with my kids.” Taylor said she wants to tell her children that Cherokees have a purpose. “Something that I want to take back is to let my kids know that we have a purpose, that we’re still here, that there have been things that have been done to erase everything about us, but we’re still here.” During the return ceremony, EBCI cyclist Renissa McLaughlin reminded the riders that they are from “one blood.” “’Remember the Removal’ riders, I said this to you once before. We came from the same place, Kituwah. We existed together for thousands of years prior to the removal, and although we are miles apart, we are the same people – one blood,” she said. She said for her “RTR” is “everyone who actively contributes either by work or words.” “If not for the compassion of non-Natives, much of our history would have been lost to us. These past three weeks I’ve felt more love coming from complete strangers than I see among our own people, and we need to fix that,” McLaughlin said. “Without all of these compassionate people across the seven states we visited, there would be no trails marked for us to see. They are all out there telling our story when we cannot, and for that we owe them our deepest gratitude.”