Cherokee Nation citizen Dusten Brown plays with his daughter Veronica with two unidentified children, far left and far right, in this undated photo. Brown returned to Oklahoma from Army training in Iowa to attend a CN District Court custody hearing regarding his daughter Veronica. COURTESY PHOTO

Dusten Brown returning to Oklahoma

BY ASSOCIATED PRESS
08/12/2013 08:36 AM
DES MOINES, Iowa (AP) – The father of a Cherokee Indian girl mired in an adoption dispute was allowed to leave an Iowa National Guard base and return to Oklahoma, an Iowa Guard spokesman said on Aug. 11.

Oklahoma National Guard spokesman Col. Max Moss said Dusten Brown was cleared on Aug. 10 to return to the Oklahoma National Guard.

Brown, a Cherokee Nation citizen, is charged with custodial interference involving his 3-year-old daughter, Veronica. A South Carolina couple has been trying to adopt Veronica since her birth in 2009. They raised her for two years.

Moss said Brown asked for permission to leave training in Iowa to return to Oklahoma so he could attend a hearing in the guardianship case.

The issue has been clouded by the Indian Child Welfare Act, which prompted a court in 2011 to favor the girl living with her father. But in June, the U.S. Supreme Court ruled that South Carolina courts should decide who gets to adopt Veronica.

The girl’s biological mother, Chrissy Maldonado, is not Indian and supports the adoption. She has filed a lawsuit against the federal government claiming the Indian Child Welfare Act is unconstitutional.

More recently, a South Carolina judge finalized the couple’s adoption and approved a plan to reintroduce Veronica to the couple, Matt and Melanie Capobianco. Brown didn’t show up for the first scheduled gathering Aug. 4, prompting the charge.

Brown was attending a military training school at Camp Dodge, a National Guard base in the Des Moines suburb of Johnston. Iowa National Guard spokesman Col. Greg Hapgood said Brown had been living in barracks at the camp, as is typical for people receiving training.

Brown and others had been given a two-day pass to leave the camp this past weekend. He was supposed to report back on Aug. 11, but that changed when the Oklahoma National Guard freed him from his training orders on Aug. 10 and required he return to Oklahoma, officials said.

The Capobiancos on Aug. 12 called on the Federal Bureau of Investigation to help them bring the 3-year-old named Veronica to live with them. Matt Capobianco said he would go to Oklahoma himself to retrieve Veronica if that request is denied.

Several American Indian groups are also pursuing a federal civil rights case, saying a hearing should be held to determine if it is in Veronica’s best interest to be transferred to South Carolina.

Cherokee Nation spokeswoman Amanda Clinton has called the move to charge Brown “morally reprehensible” and “legally questionable.”

Clinton noted in a written statement that the case hasn’t been fully litigated and condemned the charge when there is legal action pending in South Carolina, Oklahoma and Cherokee Nation courts.

The Cherokee Nation District Court had scheduled a closed hearing for the case at 9 a.m. on Aug. 12 in Tahlequah, Okla.

The attorneys for Veronica’s adoptive parents and her birth mother argued in a joint statement on Aug. 11 that not only is Brown committing a felony, but anyone who hides the child from law enforcement or stands in the way of the court order to turn her over – including the Cherokee Nation – also should be considered lawbreakers.

“It seems the lesson here is that Matt and Melanie Capobianco should have refused to turn Veronica over 19 months ago, and denounced it as outrageous that they were being forced to comply with a court order when they still had the entire appeals process before them. They did not do that, because they understood that they would be fugitives from justice if they resorted to ignoring the rule of law,” the statement said.

The statement said the charge filed against Brown isn’t surprising: “It is absolutely necessary to ensure that the rule of law is followed and a little girl is returned to her parents.”

News

BY ASSOCIATED PRESS
01/19/2017 04:00 PM
ALBUQUERQUE, N.M. (AP) — An Oklahoma-based American Indian tribe is accusing the National Indian Gaming Commission of shirking a federal court order to reconsider an earlier decision that prohibited the tribe from conducting gambling on its land in southern New Mexico. Attorneys for the Fort Sill Apache filed a motion Tuesday, calling for the commission to be held in contempt. A previous order required the commission to reconsider its 2015 decision as part of a settlement process after receiving an opinion from the U.S. Interior Department on the tribe's eligibility to conduct gaming at Akela Flats, New Mexico. The commission notified the tribe last week there were no grounds for reconsideration. The commission did not immediately return a call seeking comment. Fort Sill Chairman Jeff Haozous says the commission is violating the tribe's right to a speedy resolution of the gaming dispute.
BY ASSOCIATED PRESS
01/19/2017 10:00 AM
SHAWNEE, Okla. (AP) — A Shawnee casino security guard who shot himself after fatally shooting a fellow officer has died. The Oklahoman reports 28-year-old Justin Wells entered the Grand Casino on Jan. 10, shot and killed 22-year-old Matt Palmer and then turned the gun on himself. An online obituary says Wells was hospitalized and died Wednesday. FBI spokesman Terry Weber says that Wells had not yet been arrested. The agency is handling the case because the casino sits on trust land for the Citizen Potawatomi Nation, which also owns and operates the casino. Potawatomi spokeswoman Jennifer Bell says Palmer and Wells were both security guards at the casino, who are not allowed to carry guns. Bell declined to comment on the shooting. The tribe says Palmer was hired in August, and Wells in 2012.
BY WILL CHAVEZ
Assistant Editor – @cp_wchavez
01/18/2017 04:15 PM
GROVE, Okla. – Cherokee Nation, Cherokee Nation Businesses and Grove officials on Jan. 17 dedicated the Cherokee Casino Grove with a ribbon-cutting and grand opening. The tribe’s 10th casino is expected to bring 175 jobs to northern Delaware County. Principal Chief Bill John Baker said the jobs means employees would be able to take advantage of health insurance, retirement plans and other benefits to better their lives. He added that the casino would also bring more sales tax revenue to Grove. Most importantly, he said, the casino means there would be more funding to provide health care in northeastern Oklahoma. “You don’t have to drive very far to the south to see where we took $100 million dollars and used part of it to build a new clinic in Jay, Oklahoma. So each and every one of these employees that work here can come to work each and every day knowing they are making the lives of their parents, their grandparents and their children better because these dollars...go back into services, scholarships for our kids, builds houses for our people and provides better health care,” he said. The facility offers 400 electronic games, a full-service bar, live music venue, dance floor and restaurant serving lunch and dinner. The rustic, lodge-style venue features an outdoor patio and event space for hosting private and community events. CNB CEO Shawn Slaton told casino employees the fruits of their labor are helping Cherokee people. Along with thanking CNB employees, he thanked Grove’s leaders, Delaware County officials, CN administration officials, Tribal Councilors, CNB management and the construction company for their efforts in helping finish the casino in eight months. “We always had our eye on Grove. We felt with the lake here and the population that comes in the summer it was a good area to take a look at. We did our market surveys and market studies and that supported the decision to go forward with an investment in a property like this,” Slaton said. “We worked on this quite a while and finally made it happen. We’re happy to be here, and we hope that this is just the start for what we do with this facility.” He acknowledged the casino does have “a lot of competition” from area tribal casinos, but he expects people from Missouri and Arkansas to frequent the casino. “The one thing we have that they (competition) don’t is the lake right next door, and we know Grove blossoms in the spring and summer and the early fall, and we’re positioned well to take part in that,” Slaton said. The Red Stone Construction Company started work on the 39,000-square-foot casino in March and finished in December. The casino is located near Highway 59 and E. 250 Road, northwest of Grove. “It’s beautiful. Eight months ago...we were here looking to the future to see what this was going to be, and now here it is. What’s more exciting is what we have to look forward to in 10 years or five years or three years,” said Grove Mayor Marty Follis. “I can’t wait for them to knock out a wall in this place and start expanding. We’ve got a big future ahead of us.” Follis said the casino coupled with the popular 64-mile long Grand Lake o' the Cherokees about 200 yards from the casino should be a winning combination. “It’s a great advantage that we have. We are super excited. It’s a great partnership between the city and the Cherokee Nation,” Follis said. Based on what happened in Rogers County when the tribe expanded the Hard Rock Hotel & Casino, the intersection of Hwy. 59 and E. 250 Road in Grove is bound to see tremendous growth, Tribal Councilor Harley Buzzard said. Buzzard, whose district includes Grove, said he is glad casino profits would go toward health care and other services and that the facility created jobs. “We just recently opened a clinic in Jay (about 10 miles south of Grove), which brought over 100 jobs to Jay, so Delaware County is on the move,” he said.
BY STAFF REPORTS
01/18/2017 04:00 PM
TAHLEQUAH, Okla. – More than 30 members of “The Association of Mary,” a Brazilian Christian organization, visited the Cherokee Nation on Jan. 3 to offer prayers for unity and peace in 2017. The group held a cultural and informational exchange with tribal officials. A representative from the association said prayers are offered daily for Indigenous populations in North and South America. Secretary of State Chuck Hoskin Jr. addressed the group and thanked them for traveling to learn firsthand about issues facing tribal citizens in America, including the protection of natural resources. “Now more than ever we should embrace an opportunity to bond with people of goodwill all over the world, people who are praying for our wellness and success,” Hoskin said. “They traveled thousands of miles to learn more about Indian issues, history and spirituality. Seeing this global support reinforces just how important and powerful unity can be.”
BY TRAVIS SNELL
Assistant Editor – @cp_tsnell
01/18/2017 01:15 PM
OKLAHOMA CITY – On Jan. 17, Cherokee Nation citizen and Dist. 86 Rep. Will Fourkiller refused to appear before the House of Representative’s committee that is investigating him and another state representative for sexual harassment claims. The Stilwell native said he would only speak to the Special Investigation Committee if the proceeding was open to the public. According to reports, the committee has been hearing from witnesses in only closed sessions. “Though uncertain of the precise allegation, I am certain I have nothing to hide,” Fourkiller told Rep. Josh Cockroft, R-Wanette, in a letter. Cockroft chairs the committee. “A confidential, closed-door proceeding does not provide the equitable forum to repair my character and reputation.” Fourkiller is under investigation for a sexual complaint lodged against him in April 2015 by a female high school page. “That was the extent of what I was told,” Fourkiller said on Jan. 17 of his 2015 meeting with a House attorney and an employee of the House chief clerk. “The page was not identified and I did not inquire. I denied anything improper but immediately shied away from my normal interaction and role with the page program for that week out of an abundance of caution.” According to the program, high schools students from the state server as pages for a week during regular legislative sessions and do interact with legislators. Fourkiller on Jan. 11 said he was made aware in 2015 that a page had indicated he had said something that made her uncomfortable and he had apologized. “I do not know what I did or said, but whatever it was I certainly didn’t mean to do it, and I apologized,” he said. He added that the 2015 incident is the only one that he was made aware of by House staff. The House has declined to release the complaint, citing personnel reasons. Cockroft on Jan. 17 defended the investigation and said making the committee meetings public would discourage wronged employees from coming forward. “The sole reason for holding these meetings in private is to protect the confidential information of victims and unelected witnesses — not to protect lawmakers,” he said. “In order to have a workplace where employees feel protected and valued, it is vital that we guard the privacy of those who make claims of harassment and discrimination.” Cockroft said the committee would make its findings public and that it could recommend the House take disciplinary action against a member, including up to expulsion. According to reports six Republicans and three Democrats comprise the committee. However, Democrats – Rep. David Perryman, Rep. Steve Kouplen and Rep. Meloyde Blancett – have refused to be involved because of the committee’s secrecy rules. The committee was formed in response to public outrage over a settlement paid to a fired legislative assistant who had accused Rep. Dan Kirby, R-Tulsa, of sexual harassment. The former assistant, Hollie Anne Bishop, complained the House fired her in November 2015 in retaliation for reporting Kirby had sexually harassed her. Former House Speaker Jeff Hickman approved the $44,500 settlement of her wrongful termination claim shortly before he left office. Officials said there was no financial settlement in the complaint against Fourkiller. Fourkiller said he and his family were leaning on God through the ordeal. “We have not lost faith. In fact, it is growing stronger. We know that God is good and at the end of all this there is something great waiting for us.” Fourkiller was first elected to the Dist. 86 seat in 2011. He was re-elected in 2013 and 2015. He also ran for principal chief of the CN in 2015, finishing third at 10.58 percent with 2,040 votes.
BY JAMI MURPHY
Senior Reporter – @cp_jmurphy
01/16/2017 10:00 AM
TAHLEQUAH, Okla. – The Cherokee Nation’s Election Commission continues to prepare for the 2017 Tribal Council elections with less than a month before people begin filing for candidacy. At the commission’s Jan. 10 meeting, records showed that 40 people had picked up or requested candidate packets from the commission. According to records, three people who picked up packets but do not intend to file are Lisa Trice, who got a packet for education purposes; Commissioner Martha Calico, who got one for reference; and Cherokee Phoenix Senior Reporter Jami Murphy, who got a packet for the news organization. The candidacy filing period is scheduled for Feb. 6-9. At the Jan. 10 meeting, EC Administrator Brooke Tillison reported that there were 66,433 CN citizens registered to vote, which is more than 200 less than the previous month after removing voters who had died but were still registered. Also during the meeting, Commissioner Carolyn Allen asked to be recognized and requested to speak on her own behalf. “There were some comments that were made last month in the December meeting that I consider to be a direct attack on my character. And I thought long and hard about how to address this issue, but I have chosen and I’m going to take the high road on this issue,” Allen said. At the December meeting, Commissioner Teresa Hart read a statement regarding her motion to accept new resumes for the fifth commissioner’s spot that is in holdover after the expiration of Allen’s term. At that meeting, Hart said “we need to vote whether to cast a vote to keep seat No. 5 as is or move to open it up for replacement.” She also read a statement regarding Allen and her actions while on the commission. <a href="http://cnmediav1.cherokee.org/vod/Phoenix/News/2017/vid_170111_CNECregMtg_rjg_wc.mp4" target="_blank">Click here to watch</a>the January meeting <a href="http://cnmediav1.cherokee.org/vod/Phoenix/News/2016/vid_161213_CNECregularMeeting_rjg_wc.mp4" target="_blank">Click here to watch</a>the December meeting.