Spilydy Tymoo, Wgrrn Springs, Oregon
February 20, 2013
Defender clarifies felon-in-possession law
T he crim e o f felon in p o s
session o f a firearm is seri
ous: A federal prison sentence
o f 10 years is possible for a
conviction.
A ny person o n the reser
vation w ho has a felony con
viction should be aw are o f
th e p o ssib le c onsequences,
especially w hen h u nting sea
son com es around.
T h e fe lo n -in -p o sse ssio n
law applies no m atter w hat the
felony c o n v ic tio n w as fo r,
and no m atter how long ago
the conviction happened.
As an example: A person
30 years ago h a d a felony
conviction for driving w ith a
suspended license. T he p e r
son goes o u t hunting w ith a
firearm. In th at situation, law
e n fo rc e m e n t c o u ld ch arg e
the p erson w ith felon in p o s
session o f a firearm.
Such incidents in fact have
o c c u r r e d o n th e W a rm
Springs Reservation. In one
case the person had a driving
w ith su sp en d e d c o n v ic tio n
m any years ago. Unaw are o f
th e consequences, the person
w en t hunting and ended up
in federal court facing a seri
ous charge.
The
F e d e ra l
P u b lic
D efender’s O ffice in Pordand
r e p re s e n ts trib a l m em b e rs
w ho have been charged w ith
a crim e in federal court.
A. person with a
felony conviction
cannot have a
firearm, even fo r
hunting.
S e n io r litig a to r E lle n
Pitcher w ants tribal m em bers
to be aware o f the felon-in-
possession law, as a potentially
long prison sentence can be
im p o se d . T e n years is th e
m axim um , depending on the
previous convictions, she said.
“ T h e se n te n c e s c an b e
quite long,” Pitcher said. Only
ab o u t 10 percen t o f people
w h o are ch arg ed an d c o n
victed o f felon in possession
end up w ith only probation.
M o s t re ce iv e som e, p ris o n
tim e, she said.
A p e rs o n w ith a felony
conviction, Pitcher said, “can
n o t have a firearm even for
hunting.” T h e previous felony
could be a non-violent crime
such as theft. T he p erson may
n o t have done any prison time
for the previous felony. N e v
ertheless, the felon-in-posses
sion charge applies.
The
F e d e ra l
P u b lic
D e f e n d e r ’s O ffic e c an be
reached a t 503-326-2132.
Pitcher said th at the office
can provide legal defense ad
Video request from Counseling
vice to a tribal m em ber w ho
is facing a crim e in federal
court.
T h e o ffice m ay also be
able to help w hen a person
has n o t y e t b e e n c h arg e d
w ith a federal crime, b u t w ho
has been contacted by law en
forcem ent.
F o r instance, som e crimes
originate in tribal court, and
are then transferred to fed
eral court as the seriousness"
becom es apparent.
T he person m ight w ant le
gal advice ih d ealing w ith
trib a l law e n fo rc e m e n t, in
case th e m a tte r eventually
ends up in the federal court.
P itc h e r sa id t h a t all
people being investigated or
charged have the right n o t to
speak w ith law enforcem ent.
S ta te m en ts m ad e to tribal
police can potentially be used
in federal court.
A person w hose case goes
to federal court has the right
to an attorney. This is n o t the
case w ith people charged just
in tribal court. T he tribal Le
gal A id D e p artm en t re p re
se n ts d e fe n d a n ts in trib a l
court. A case that is litigated
ih tribal court can also be liti
g a te d in fe d e r a l c o u r t.
D o u b le jeo p ard y does n o t
apply in that situation, Pitcher
said.
A s a p a rt o f th e ded i
c a tio n o f th e n ew ly r e
m o d e le d W arm S prings
T h e m a rk e t is c u rre n tly
seeking a nam e, and is hold
ing a contest to com e up with
ideas. T h e prize will be a $50
gift certificate for goods from
teh future o u td o o r m arket.
Mail your entry to:
W arm Springs C om m unity
A c tio n T eam , 1136 P aiu te
News from I
SON, FATHER, PA
the Pechanga Indian reserva
tion in Southern California.
T h e tribe recendy began
funding a graduate-level Cal
streams.
NATIVE AMERICAN
■
DESIGNS
509-773-4702
— Dave M cM echan'
UPRIGHT 2'X1 ’X3" GRAY
GRANITE HEADSTONE
$499
Carved on front and shipped UPS
Ave., W arm Springs, O R
97761.
O r email:
Kim@warmspringsptogtess.net
Include name, address and
phone number. T he w inner
will be contacted. E xpect to
hear an announcem ent on
K W SO by mid-M arch. ,
201 Crafton Rd
PO Box 348
Goldendale, WA 98620
www.betterheadstones.com
www.pioneerrock.com
¡3n Country
State San Bernardino Luiseno
class, o n e o f th e few fo r-
credit university indigenous-
language courses in the coun
try. A n d at a Pechanga-run
sc h o o l o n th e re se rv a tio n ,
children speak Luiseno every
day.
L u is e n o is ju s t o n e o f
s e v e ra l N a tiv e A m e r ic a n
languages enjoying a c o m e
back.
T h e San M anuel B and o f
M issio n In d ia n s h a s h ired
three professional linguists to
help preserve an d expand use
o f the Serrano language. A
school ru n b y ,th e M orongo
B and o f M ission Indians in
cludes classes in Serrano and
Cahuilla.
A Calif, based m edia com
p a n y has d e v e lo p e d in d ig
enous-language video games,
sto ry b o o k s a n d e le c tro n ic
flashcards.
Salmon carcasses recycled as nutrients for streams
(AP) — A new O regon m a
rin e p ro g ra m in v o lv e s th e
dum ping o f hundreds o f ex
cess hatchery fish carcasses
into tributaries.
T his is a conservation p ro
gram billed as a way to m ake
up for the loss o f m arine-de
r iv e d n u t r ie n t s t h a t g e t
f lu s h e d f r o m W est C o a s t
Michael Martinez,
P revention Specialist. •
GOLDENDALE, WA
DAVID
DEC. 17,1931
APR. 22, 2002
one w ho is struggling w ith
an addiction?
C all m e a t 5 4 1 -6 1 5 -
011 6 o r 9 7 1 -6 7 8 -0 3 8 7 .
You m ust be willing to sign
a film release fo rm before
doing the interview.
We w ould also like to
sh o w case
th e s e
interviewees in o th er p u b
lic p la c e s a f te r o u r
building’s dedication.
PIONEER ROCK
& MONUMENT
EUGENE L
Tribes campaign to save Native languages
SA N B E R N A R D IN O ,
Calif. (AP) — T he Luiseno lan
guage is back from the brink
o f extinction, thanks to the
e ffo rts o f trib al leaders on
We need to do video in
terview s w ith people w ho are
willing to answ er these ques
tions on cam era, so they can
share their story for the b e n
efit o f others.
W hat is been the best p art
o f your recovery?
W h a t h e lp s you? W h a t
copings skills have you devel
oped to aid in your recovery?
H o w long have you been
in recovery?
W hat w ould you say? W hat
advice w ould you give to any
C o m m u n ity C o u n se lin g
building o n M arch 6, we
are g oing to p u t to g eth e r
v id e o i n te r v i e w s w ith
th o se w h o have b e en in
re c o v e ry a n d sh o w c a se
th e ir stories.
T h e s e v id e o s w ill b e
p la y in g
c o n tin u o u s ly
th ro u g h o u t the event, so
people may view th em as
they choose.
Name the W.S. market contest
T h e W a rm S p rin g s
M arket will be a place o f
lo ca lly p r o d u c e d fo o d ,
quality h a n d m a d e crafts
a n d com m unity. T h ere
will be entertainm ent and
ro o m for socializing and
relaxing^ in a fa m ily -
friendly park setting.
Page 7
F is h b io lo g is t C h u c k
F ustish calls it the “ no m uss,
no fuss m ethod,” and studies
show carcass placem ent can
p u t nutrients into streams that
w ere absorbed by salm on in
the ocean and carried inland
during their spaw ning runs.
“W e’re giving th e w hole
ecosystem a b o o st in n u tri
ents,” Fustish said. “I t will p ro
vide ocean n utrients in fish
th a t w o u ld have b e en here
normally. A n d it's a lot m ore
o f a beneficial use than send
ing them to the landfill.”
C o le R iv e r H a tc h e ry
w o rk e rs are k eep in g th o u
sands o f ex tra salm on and
steelhead carcasses this year,
in c lu d in g th o u s a n d s th a t
w ould have gone to landfills
in o th er years.
Cole Rivers records show
th at 44,792 fish ended up in
the landfill over the past 11
y e ars, w h ile 105,679 w ere
released alive in to stream s
a n d ju s t 14,006 c a rc a sse s
w e n t to the stre am -en ric h
m en t program .
U p to 19,200 p o u n d s o f
salm on and steelhead will be
recycled into local rivers and
c re e k s th is y e a r, T h e
M e d fo rd M ail T rib u n e r e
ported.
“I t ’s a start,” says L arry
Butz, o f M edford, vice presi
den t o f the C oastal C onser
vation Association. “T h a t’s a
lo t m ore th an w e expected,
b u t we can handle it.”
T h is y e a r, fish w ill b e
to s s e d in to 16 m ile s o f
stream s in the B utte Creek,
E vans Creek and E lk Creek
systems in Jackson C ounty as
well as nearly five m iles o f
Taylor Creek, a Rogue tribu
tary in Josephine County.
All o f the carcasses will be
placed high ih the systems and
in stretches w here water-qual
ity testing has show n they do
n o t already contain to o m any
nutrients during fish-spaw n
ing m onths, Fustish said.
“ I t se rv es as a n u trie n t
source for all o f the com m u
nities in the stream s,” he said.
I t’s quite a b it m ore b en
eficial th a n th£ p h o s p h a te
and nitrate ru n o ff from ag
ric u ltu ra l f e rtiliz e r, w h ic h
F ustish said only lead to blue-
green algae.
Cherokees push to free
bears at pri vate zoos
C H E R O K E E , N„C. (AP) — Peggy H ill was outraged.
A fter w atching a video o f bears endlessly circling their
tiny enclosures at a privately ow ned zoo on a C hero
kee Indian reservation, she knew she had to act.
H ill and o th e r m em b ers o f th e E aste rn B and o f
Cherokee Indians began pressing the tribal council to
force th at zoo and tw o o thers on the reservation to
free the bears.
, N o w it appears E astern B and leaders are ready to
tackle the issue.
A t a contentious m eeting this w eek, the tribal coun
cil said it’s considering a resolution introduced by Hill
and supporters to revoke the z o o s’ licenses and re
quire the ow ners to rem ove the bears from captivity.
T he council says it will study the issue, and the reso
lution could come, up for a vo te at its M arch meeting.
Hill, 72, said this is the first tim e th a t C herokee
elders have publicly spoken o u t ab o u t the issue.
“M ost Cherokee people h ad no idea w h at was tak
ing place behind the bars o f these roadside zoos,” Hill
said. She said elders are so appalled “at the horrible
treatm ent o f these jailed bears” th a t they decided to
take action.
I t is the latest developm ent in the long, public cam
paign to close th e zoos w here m ore th an tw o dozen
black, A sian and grizzly bears are confined in cages
and barren concrete pits.
People for the E thical T reatm ent o f A nim als has
filed com plaints w ith federal regulators and Cherokee
leaders ab o u t the bears’ living conditions. L ast year,
the anim al-rights group p osted billboards in the area,
calling the b e a t zoos “prisons” and n oting an incident
in w hich a 9-year-old girl was b itten while feeding a
baby bear.
T h e reservation’s three roadside zoos — Cherokee
B ear Z oo, C hief Saunooke Bear Park and Santa’s L and
— are inspected by the U.S. D e p artm en t o f A gricul
ture, w hich enforces the federal Anim al W elfare Act.
T h e E aste rn B and's wildlife office also inspects the
ZOOS.