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Tromping on rights in reservation standoff

San Diego Union-Tribune Letters to the editor

John Gibbins’ photos on B-1 and B-5 (”Standoff on reservation,” March 11) show just how out of control some Indian tribes have gone. Under some cloak of authority four wannabe security guards acting as tribal police used excessive force on a group of people who were being evicted from their homes.

I’m sure that pepper spray being sprayed from behind the group was proper use of “police authority.” If a real “law enforcement officer” did this, he or she would be looking for a new job.

The use of excessive force under the cover of authority is a felony, except on the Jamul Indian Reservation. Tribal Chairman Leon Acebedo should be very proud of himself for the actions of the thugs under his employment.

Congratulations to San Diego County Sheriff’s Department officers for standing around, along with Supervisor Dianne Jacob. It is refreshing to see our tax dollars being used on Indian land.

TERRY BAIRD
San Diego

I witnessed this very sad story on Saturday morning – a failure on the part of our government (local, state and federal) to protect and defend the rights of two of its citizens, Karen Toggery and Walter Rosales, and of other local residents.

These two citizens lived peacefully in a small Indian village on six acres of federal land 20 miles east of San Diego. They had been issued eviction notices by some tribal authority – not affiliated with their own tribe or governed by our state or federal government – to vacate their homes of 20 years to make room for a 12-story casino to be built on the six acres. The actual judgment from the federal government is not expected until late March.

We can debate the relative merits of the casino but I want to share what I viewed as a very disappointing account of our legal system’s inability to protect the Fourth Amendment rights of these two fine people.

At approximately 7:20 a.m., a moving team and a group of “tribal police” descended upon the homes of Karen and Walter. They proceeded to knock, were told to go away at which time the movers and tribal police forcibly entered the homes and started taking furniture.

Having been alerted to a possible forced eviction attempt, Karen and Walter had notified neighbors to be on call to assist them in the event of that eviction.

Neighbors attempted to help them from having their household effects removed, but were maced and clubbed (with metal batons) by the “tribal police” in plain site of the 15 law officers from San Diego County who stood by – outside of the village – to “protect the peace.”

Yes, “protect the peace” in the words of the sheriff’s captain present, not protect Karen’s and Walter’s homes, not protect well-intentioned neighbors, and not uphold state or federal laws. Sheriff’s officers were there to “protect the peace,” meaning ensure the eviction notice from some unauthorized tribal entity was enforced.

Then, neighbors were warned that if they insisted on crossing the line into the village to further assist Karen and Walter, they would be arrested.

I’ve never been so disappointed in our law enforcement officers and our legal system as I was that morning. A half-dozen were treated by an ambulance crew for bumps, bruises and stinging eyes – incredible! What country is this?

JOLEEN SCHULTZ
Jamul

The scene at the Jamul Indian Village Saturday mixed irony with pathos in a combination that demonstrated the intense emotions that surround the proposal to construct a casino in Jamul.

Walter Rosales and Karen Toggery sought two things – to preserve their homes, and to show respect for the remains of their ancestors buried on the land.

According to construction plans, their land, which they have lived on since childhood, and their homes will be bulldozed. Their ancestors’ remains will be desecrated by a phantasmagoria of cement and neon that will be erected over their graves.

On this day, they were evicted from their homes, and jeered at by the evictors.

On this day, dozens gathered to protest the eviction of Walter and Karen, facing pepper spray and beatings with metal batons to do so.

As we stood with Walter and Karen Saturday morning, a backhoe loomed in the foreground, obscuring the view of a hillside behind it, dotted with crosses from the Indian cemetery.

Native American activists have persuaded politicians at the state and local levels to pass laws prohibiting desecration of the remains of their ancestors. Yet, apparently, such laws can be flouted with impunity by those who urged their passage.

CRIS WALLER
Jamul

© Copyright 2007 Union-Tribune Publishing Co.

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