Artist Among the Lakota
I promised you that I would start writing my book, but I got side-tracked in that sink hole of legal battles, where justice is impossible. Let me start making amends in this dark, treacherous time we live in by giving you little samples from my book.
Reservation Black Hole
In Matthew 18, Jesus, responding to the question "Who is the greatest in the kingdom of heaven," calls a little child to his side, and says to the disciples that those who can humble themselves like the child are the greatest in God's kingdom. In Matthew 18:6, Jesus admonishes that "whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea."
1
My writing had got me in deep trouble, especially with the Area BIA Director, Robert Ecoffey, who really hated my little Bob stories that Clifford would print in the Black Hills Peoples News, a local reservation paper. In my stories, I would question Ecoffey about his investigation into the murder of Anna Mae Pictou Aquash. Ecoffey did not like my little Bob stories, and he had his way of expressing his dislike. Once I had made social/political statements, I was a marked person, except that I didn’t realize what I had gotten myself into. I had messed with the tribal political machine, and no one was going to tolerate that. I filed a lawsuit, which was not well received by the tribal political machine or Ecoffey. So Bob had me evicted from my house, arrested, jailed, and banned from the reservation.
When I returned home from a cook sale in Pine Ridge, I noticed a pick up backed up to my door. I figured someone was breaking and entering. I turned around and drove back to my neighbor’s place to call the police. When I returned, my yard was full of cars. Louella was standing there waving her arms and proclaiming that I was now evicted and she was claiming my house. I rushed past her. All the doors were standing wide open. The padlock hasps had been pried off and the door jambs were broken. I rushed inside the cabin to call the police, only to find the phone gone! And everything else gone! My beautiful house that I had been building for the past 8 years, now violated. I rushed past her and into the cabin. A lot of things were gone! The computer was gone!
I rushed outside to find some things were put in my pickup box and in the cab. I saw the computer sitting there in the front seat. Louella was standing there in the yard, along with her son Robert, shouting, “You’re evicted!” Apparently the goon squad had been hauling my things out all day, stealing my property.
I ran back past Louella and her goon squad, jumped in my Bronco, and drove off to a neighbor’s house to call the police. I told the police that some people had broken into my house, and were stealing my things, that I would meet them at my house. They said they would be right out.
I was driving slowly back to my cabin, when the police pulled up behind me and motioned for me to stop. The police officer told me that I better follow him to the police station. That didn’t make any sense. A pit of fear gripped my stomach, as I drove along. Instead, of following, I pulled into Karen’s again. I raced up the steps and knocked on the door. The police officer followed me and told me that I was under arrest. He even read me the Miranda rights. Karen asked him for his court order or warrant. If he had one, I didn’t see it nor was I presented with one. I said I was going to use the phone. He said if I did, I would be charged with resisting arrest. Good, god! They were really going to take me away. And I had to let someone know that. “I have a right to make a phone call,” I said, my hands shaking as I dialed the number of my best friend, Lucinda. Karen was arguing with the police officer, asking where was his court order. I don’t know if he had a court order or a warrant. I never saw one.
The police told me I was under arrest, but he wouldn’t tell me what for. He ordered me to put down the phone or he would add more charges.
“What charges?” I was dumbfounded! This was insane! Unreal! He wouldn’t tell me what I was charged with, nor did he show me a warrant. He just insisted that I hang up the phone. Lucinda answered the phone. I told her to listen very carefully. Karen started arguing with the police officer about not having a warrant, which was good. That way, the officer couldn’t prevent me from making the phone call, and he couldn’t listen in. “I am being arrested, and they are going to put me in a squad car and take me to jail. Please meet me at the Kyle jail….I don’t know why…. I don’t know what’s going on, but if you don’t meet me at the police station, you may never see me again! And I don’t have time to explain.”
The Tribal police officer said, “ Come with me.” I put down the phone. He was actually going to put me in the squad car, and take me away! He told me not to resist, or he would have to handcuff me. Somehow, I managed not to faint. He put me in the squad car, closed the door, and off we went towards Kyle, nine miles away.
I asked, “What about the people who have broken and entered my house and are stealing my things? What are all those people doing in my yard with boxes?”
He said, “I’m just following orders.” I was to hear that a lot, I’m just following orders.
We were rounding the hill heading into Kyle when the officer got a phone call. He turned around. I asked where we were going. He said he was to meet someone in Porcupine. I asked the officer, “ What about my house and my things?” He didn’t have any answers.
We passed 3 Mile Creek, and were heading towards Sharps Corner. About half way, we were met by another squad car. The officer got out, and the two of them talked for awhile. Then, he got back in, turning at Sharps Corner, and heading south. The other officer was following. There was some more talking on the radio. The officer stopped, turned around, and started heading back towards Sharps Corner. Some more talking, then he stopped, turned around, and headed back towards Porcupine.
The hardest thing was not knowing what was going on. What is going to happen to me? Every time I was transferred to another car, I asked someone to safeguard my house and belongings. This was never done. Apparently, no one had orders to protect my property and apprehend the thieves who were stealing my things. This gave rise to a more frightening thought. No paper work, no warrant, no court order, and the police not investigating the theft, it all added up to that they wanted to get rid of me. But how? My mind wouldn’t let me contemplate any further than that.
There were 2 police cars waiting at the Big Foot pull over. The officer and other police officers got out. Six officers were outside of their cars, talking. After they conversed for awhile, the officer told me to get out of the car. My heart was racing. I said nothing, but did as I was told. My heart dropped to my feet, as I was escorted into another squad car. I was afraid I was about to take the Anna Mae ride. For the first time, one of the officers spoke, and told me this was going to be the last transfer, that they would take me straight to Pine Ridge and put me in jail!
I said, “I think there’s been some kind of mistake.”
“You are Janis Schmidt, aren’t you?”
“Yes.”
“Then there’s no mistake. We are just following the Judge Cook’s Order.”
“What Order? How can there be an Order without a hearing?”
But they didn’t want to answer questions, and furthermore, felt they didn’t have to.
No Justice in North Dakota
I called the Pembina Co. courthouse. Spoke with clerk who said she couldn't give out any information. "Well, then, who schedules hearings in your court?
"You have to call the AG and talk with them," and she gave me the number.
I called Bismarck. Some woman wanted to know who I was, what group I represented, and purpose of my call. I wanted to know the time and verify the date and place of the hearing. Then referred me to Liz Brockter, AG's minion, who said she didn't have any info about the hearing. I asked when she would know. She said to call back next week. I said that considering that the hearing would only be a week away, I would certainly hope that would know what they were doing before then. I don't think she appreciated the phone call.
I don't think they want anyone to attend the hearing. I really wish Occupiers would come to Pembina County Courthouse on February 3rd, not to protest, but for a public observation of our judicial system at work. No need to protest unless the AG plans on keeping the hearing hidden behind closed doors. I thought court proceedings were supposed to be public events, but maybe not in North Dakota.
States attorneys have way too much power, with absolutely no one to rein them in and hold them accountable. They can tamper with witnesses and evidence, destroy evidence, refuse to investigate crime or prosecute. This is a reckless and dangerous power, especially with states attorneys advising Social Service boards on whether or not to accept 960 reports of abuse and violence against children and women, particularly if the girl happens to be Native American. Justice for Indians is nonexistent, a dark, black hole.
Letter to Social Services
anis Schmidt
418 Griffin St.
Warwick, ND 58381
701-294-2196
October 13, 2011
Paul Olson, Director
Benson Co. Social Services Board
PO Box 186
Minnewaukan, ND 58351
Dear Mr. Olson,
When I called to reschedule for October 28, 2011, I was told that my 960 Report of a Child Fatality had already been addressed. How can that be since I have not presented the 960 Report and evidence to support it? I was told you said that reporting of rape concerning a state run school and an Indian girl were automatically turned over to tribal police, tribal court, and tribal social services, and that it wasn’t your jurisdiction. I was told you said I would be given no more than 10 minutes to address the Social Services Board of a very complex situation involving many attorneys, in which officials refused to investigate a previous report to Social Services, thus causing the death of an Indian girl by suicide.
I would like confirmation:
1. Who made this decision?
2. When?
3. Why wasn’t I informed?
4. What role did your legal counsel, James Wang, play in your decision?
5. Please cite the statutes upon which you limit the presentation of a 960 Report of a child fatality to 10 minutes.
I would like a copy of the last 2 board meetings, September and October.
I, Janis Schmidt, citizen and teacher and member of Dakotas for Justice Org., come to submit a 960 child fatality report with evidence that proves that Warwick School officials, superintendent Charles Guthrie, principal Gene Riedinger, Councilor Shirley Tiokiason (Erickson), NDEA rep. Steve Michels and lawyers Tiffany Johnson, Gary Thune, Douglas Bahr, and Dennis Meier representing Human Services, Social Services, Assistant Attorney General Bill Peterson representing Education Standards and Practices Board, hearing officer Dave Clinton and Job Service, Ulysses Jones and States Attorney James Wang, all officers of the court, did conspire to unlawfully to circumvent the child abuse laws that led to the untimely death of Jami Rose Jetty. Had my original 960 Report which I submitted to Social Services in January of 2007 as Report to School Board Members (Exhibit A) been correctly assessed and properly investigated, Jami Rose Jetty would be alive today. This is the consequence when Social Services 960 Reports and North Dakota Century Code are ignored by the very agency who is mandated to protect children. Superintendent Charles Guthrie of Warwick Public School with 100 per cent Native American student body, deliberately chose not to report the rape of a student, M H, when it became known to him in state run Warwick School, and abused Jami by questioning Jami about a rape in Warwick School in violation of child abuse laws which prohibits any unauthorized questioning of students, falsely and fraudulently told the girl, Jami Jetty and her parents, that I had told school administrators that Jami had been raped, a deliberate lie, which caused everyone to regard Jami as the rape victim which then made life intolerable for Jami, and was the reason why she killed herself, as told to me by her father, James Jetty in a conversation I had with him in February of 2011. It all started from the fact that Social Services refused to investigate my 29 page Report of institutional abuse, as advised by states attorney James Wang, to spare the reputations and jobs of officials who felt that their jobs were more important than to protect children from officials who feel child abuse laws do not apply to Native Americans. This is a big 14th Amendment violation of equal protection.
You made a big mistake back in 2007, and it appears you still do not want to take responsibility for your actions and/or inactions. Just where does the buck stop in our search for justice for Jami Rose Jetty?
Sincerely,
Janis Schmidt, member
Dakotahs for Justice Organization
Cc: Sheila Erickson, Chair
Carol Kurtz, Vice Chair
Curtis Hvinden, Commissioner
Jason Lee, Commissioner
Michael N. Steffen, Commissioner
Lowell Haagenson, Commissioner
David Davidson, Commissioner
Wayne Stenehjem, Attorney General
Benson County Farmers Press
Social Services Doesn't Want to hear 960 Report
BENSON COUNTY SOCIAL SERVICE BOARD MEETING
FRIDAY, OCTOBER 28, 2011
8:30 A.M.
Minnewaukan Administrative Building
(Located south of the courthouse, 108 East 4th Street)
AGENDA
GREET VISITORS
ACTION ON MINUTES OF PREVIOUS MINUTES
The anticipated presentation of Janis Schmidt was discussed. The Board decided after consulting with States Attorney James Wang, the Board has no authority and/or jurisdiction to act on Ms. Schmidt’s concerns. However, due to open meeting laws, the Board will allow Ms. Schmidt to give her presentation with a time limit imposed of 10 minutes.
FINANCIAL SERVICES REPORT
FINANCIAL REPORT AND BILLS
OTHER BUSINESS
Personnel Issues
JANIS SCHMIDT @ 9:30 a.m.
Schmidt will present a summary of her detailed 960 Report of Child Fatality and ask the board to contact a federal prosecutor to conduct an investigation into the death of Jami Rose Jetty, based upon first person witness of detailed facts with over 30 items of evidence that will prove that Warwick Public School administrators were abusing students by refusing to report a rape, expelling the rape victim, then setting Jami up to replace the rape victim. When Schmidt reported this to the school board and to Social services in a 29 page Report, the superintendent tampered the original Report to falsely say that Schmidt had said that Jami had been raped. He got Jami and her parents to believe this lie, that Schmidt had told school administrators that Jami had been raped, a deliberate lie, which caused everyone to regard Jami as the rape victim which then made life intolerable for Jami. Had my original 960 Report which Schmidt submitted to Social Services in January of 2007 as Report to School Board Members (Exhibit A) been correctly assessed and properly investigated, Jami Rose Jetty would be alive today. Schmidt will present how States Attorney Wang facilitated the destruction of the 29 page Report, causing the Social Services Board not to investigate.
ADJOURN
Meeting: Social Services Board public meeting
When: October 28, 20011
Where: Minnewaukan, Social Services ad bldg, across South of the courthouse
What: 960 Report on death of Jami Rose Jetty
Time: 9:30am, allotted only 10 minutes
Janis Schmidt
418 Griffin St.
Warwick, ND 58381
701-294-2196
October 15, 2011
Wayne Stenehjem
Attorney General
600 E. Boulevard Ave.
Bismarck, ND 58505
Dear Mr. Stenehjem,
I have been informed that I will have only 10 minutes to present my 960 Report on the death of Jami Jetty, and that Social Services Board has already decided they will not order an investigation because Millie Banet claimed that the Spirit Lake Tribe has jurisdiction. I asked to be placed on agenda for Oct 28, 201l, and I was given a 9:00 am time slot, although I live 35 miles away, with road construction going on, and I am disabled. When I asked the official paper, Benson County Farmers Press to post notice, he refused, stating that, “We will not publish your letter to the editor because we have no intention of being used in your vendetta.”
Since the 960 Report involves states attorney James Wang, don’t you think it is conflict of interest for him to advise the Social Services Board and commissioners to toss out my 960 Report and refuse to assess it? Does the official newspaper need to publish subject matter of the agenda if so asked?
I have requested a copy of the agenda and a copy of last month’s minutes over 2 weeks ago. (Ex AA-1, Letter to Paul Olson) I have not received an answer from Mr. Olson, nor have I received a copy of the minutes and agenda, in violation of open record law, NDCC 44-04-18.[1] I contacted Attorney General Wayne Stenehjem requesting that he enforce the open record laws. He sent me a form letter stating he didn’t give legal advice and that he doesn’t have jurisdiction over my issue of getting the minutes of a public meeting. (Ex AA-2, letter from Attorney General) To date, I have not received answers to my questions, nor have I received the minutes of the last Social Services meeting. I asked an unnamed source to provide me with the minutes, which that person did. It appears that states attorney James Wang has advised the Board not to consider my 960 Report of a Child Fatality, but would give me a token time just to satisfy open meeting laws. (Ex AA-3, Social Service minutes and agenda) Is this the height of hypocrisy?
“The anticipated presentation of Janis Schmidt was discussed. The Board decided after consulting with States Attorney James Wang, the Board has no authority and/or jurisdiction to act on Ms. Schmidt’s concerns. However, due to open meeting laws, the Board will allow Ms. Schmidt to give her presentation with a time limit imposed of 10 minutes.” (Ex AA-3)
Since the wrongful death of an Indian girl doesn’t seem to fall under anyone’s jurisdiction in North Dakota, and all authorities refuse to investigate or even listen to the facts and evidence, I called the U.S. Department of Justice, criminal division on 10/26/11. Unlike the ND Benson County Social Services Board, the U.S. Assistant Attorney General said he would like to see my detailed 960 Report with evidence, and asked that I send it to him right away. He said that the U.S. government has the authority to investigate and prosecute high ranking officials who commit official misconduct by abusing Native American students, no matter where the abuse occurs. So, we shall see.
[1] 2. Upon request for a copy of specific public records, any entity subject to subsection 1
shall furnish the requester one copy of the public records requested. A request need
not be made in person or in writing, and the copy must be mailed upon request. A
public entity may charge up to twenty-five cents per impression of a paper copy. As
used in this section, "paper copy" means a one-sided or two-sided duplicated copy
of a size not more than eight and one-half by fourteen inches [19.05 by 35.56
centimeters]. For any copy of a record that is not a paper copy as defined in this
section, the public entity may charge a reasonable fee for making the copy. As used
in this section, "reasonable fee" means the actual cost to the public entity of making
the copy, including labor, materials, and equipment. The entity may charge for the
actual cost of postage to mail a copy of a record. An entity may require payment
before locating, redacting, making, or mailing the copy. An entity may impose a fee
not exceeding twenty-five dollars per hour per request, excluding the initial hour, for
locating records if locating the records requires more than one hour. An entity may
impose a fee not exceeding twenty-five dollars per hour per request, excluding the
initial hour, for excising confidential or closed material under section 44-04-18.10. If
the entity is not authorized to use the fees to cover the cost of providing or mailing
the copy, or both, or if a copy machine is not readily available, the entity may make
arrangements for the copy to be provided or mailed, or both, by another entity, public
or private, and the requester shall pay the fee to that other entity. This subsection
does not apply to copies of public records for which a different fee is specifically
provided by law.
5. The governing body's presiding officer has the responsibility of assuring that such
public notice is given at the same time as such governing body's members are
notified, and that this notice is available to anyone requesting such information.
When a request is made for notice of meetings, the request is effective for one year
unless a different time period is specified.
6. In the event of emergency or special meetings of a governing body, the person
calling such a meeting shall also notify the public entity's official newspaper, if any,
and any representatives of the news media which have requested to be so notified
of such special or emergency meetings, of the time, place, date, and topics to be
considered at the same time as such governing body's members are notified. If the
public entity does not have an official newspaper, then it must notify the official
newspaper of the county where its principal office or mailing address is located.
Topics that may be considered at an emergency or special meeting are limited to
those included in the notice.
Sincerely,
Janis Schmidt
Dakotas for Justice
Enc.
Astonishingly, but predictably, the ND attorney general Wayne Stenehjem sent a checked off form stating that he did not have jurisdiction to decide Open Record laws,
America in Deep Trouble
WHEN
by Barry Bachrach on Friday, September 16, 2011 at 2:26pm
How long can the societal illusion a/k/a the great brain washing be tolerated until the masses become deluded. The goal of the illusion is ultimately the oppression of the masses and control of meaningless physical riches. We/I feed the illusion by accepting its construct as evidencing the "normalacy" against which we permit ourselves to be judged, that is until we accept delusion and the judgment that we are"fringe elements." Until the great delusion occurs, the lemmings will continue to run over the cliff, four legs paddling the space beneath then, until gravity, a Newtonian truth, crashes them into the material earth that is so coveted by the illusionary masters.
I stand foursquare behind the Occupiers, It is the first step in the right direction that I have so far seen. The lemmings have woke up, and recognize that the Market and Wall Street have ruined their lives, evicted them from their homes, destroyed their jobs. So now, without a job and without a home, with no way to provide for themselves or their families, the Occupiers have taken to the parks and streets to demand that something be done to restore justice and America's economy so that it serves the people and not the few corporations who are running American into the dirt, while making war on countries world wide so as to steal their resources.
If Occupy America does not win out, America will be destroyed by Wall Street. Capitalism, as we know it, has failed. Wall Street is not going to take care of you. In fact, Wall Street wants to take away your Social Security. What does that mean? There will be massive starvation, which sits well with Wall Street and their toadies in Washington, because it will help (1) decrease the surplus population of the poor ravel, (2) eliminate unemployment, (3) ensure there will be enough food for the rich, and (4) eliminate dissenters and protestors through natural processes.
Justice For Jami
JUSTICE FOR JAMI
As some of you may know, I have been fighting a lonely, unsuccessful battle for justice for Native Americans for 7 years now. In that time, I have discovered how the reservation system really works. I have been beaten, falsely arrested and jailed, my 2 story house that I built seized and destroyed, and I was illegally excluded from the Pine Ridge Indian Reservation, 2004-05, and I found absolutely no recourse to justice through law enforcement or the justice system. In short, I was treated just like an Indian. And out of this hellish experience, I learned a lot about the true meaning of the U.S. bringing democracy to tribal people.
I escaped to North Dakota, to Spirit Lake Reservation only to discover the same system of racism and injustice is as deeply entrenched. I reported a rape to the school administrators as told to me in class by a Native American girl. The problem is that the administrators got by with not reporting the rape as mandated by NDCC 50-25.1-03 by saying that the rape happened on an Indian reservation and the tribal police and tribal court was handling it. (Ex A and C), thus blurring the real issue that the refusal to report happened in a state run school. Superintendent Charles Guthrie deliberately chose not to report the rape of a student when it became known to him. When he discovered that I knew about it, he expelled the rape victim and set up a newly enrolled girl to replace the real rape victim by questioning Jami about a rape in violation of child abuse laws which prohibits any unauthorized questioning of students, making the girl, Jami Jetty and her parents, believe that I had told school administrators that Jami had been raped, which caused everyone to regard Jami as the rape victim which then made life intolerable for Jami, and was the reason why she killed herself, as told to me by her father, James Jetty in a conversation I had with him in February of 2011. It all started from the fact that Social Services refused to investigate my 29 page Report of institutional abuse, as advised by states attorney James Wang. (Exhibit A, Report to School Board Members, December 29, 2006)
Officials and Warwick administrators conspired unlawfully to circumvent the child abuse laws that led to the untimely death of Jami Rose Jetty. Had my original 960 Report which I submitted to Social Services in January of 2007 as Report to School Board Members (Exhibit A) been correctly assessed, with an investigation ordered, Jami Rose Jetty would be alive today. This is the consequence when Social Services 960 Reports are not given due credence and North Dakota Century Code is ignored by the very agency who is mandated to protect children.
As you may know, I filed a lawsuit, I contend that Jami’s death was caused by the Warwick administrators who set up Jami to replace the real rape victim and refused to report this rape when it became known to them, and their attorneys and minions, along with Social Services who refused to investigate, and Job Service, who, with the help of Gary Thune, obfuscated the facts and tampered with evidence. The facts in my lawsuit were based upon my Report to School Board Members in which I claimed that I had been fired before the end of term without notice or hearing after I had reported to Social Services, Standards and Practices Board, and Sheriff Royher that Warwick School administrators were abusing Native American students by refusing to report a rape when it became known to them, expelling the rape victim, and setting up Jami Jetty to make it seem like she was the rape victim. I should have never lost my lawsuits because the law and the facts were on my side; I lost because law enforcement refused to investigate crimes and clever lawyers, Gary Thune and states attorney James Wang, tampered with evidence and witnesses to get my lawsuit dismissed, and most of all, lawyers deliberately and criminally withheld information from me.
Jami, the girl set up to replace M H, the real rape victim, was very interested in Leonard Peltier, and had many questions about AIM and Wounded Knee, and wanted to be like Anna Mae, and bring some justice and rights to her people, the Dakota. Jami was related to Leonard Peltier, as were some of the other students. She was just 12 years old when she told me that. She was very bright and interested in learning. She idolized me and loved being in my classes, until Supt. Guthrie had to ruin everything for both of us by questioning her about a rape; then telling her that I had told him that she had been raped. The poor girl, 12 years old, hated me and spread the false story all over the school and community. Guthrie and Riedinger were estatic because Jami was carrying out their agenda by spreading the story claimin I had said she had been raped. Slick. And they thought no harm done; they could now say that Ms. Schmidt was falsely reporting rapes and they had every right to fire her. However, the stigma of rape never left Jami, and her life was cruelly altered. Even though she changed schools twice, she could not escape kids taunting her, saying that she had been raped at Warwick School, the story that Guthrie had instigated to avoid detection that he had not reported a rape or other abuse, in fact, had become the abuser. Jami, not being able to escape, and not getting anyone to believe her once she discovered the truth, she called a classmate, crying on the phone, and said, “What’s the use? No one will believe what Mr. Guthrie did to me.” Two weeks later she was dead; hung herself. That’s what happens when administrators do not follow the child abuse laws; laws that were intended for Native Americans as well as white students. But not in North Dakota. And God help the poor teacher who attempts to make officials follow the law when it comes to Native American issues.
I took my case all the way to the US Supreme Court, Janis Schmidt v. Warwick Public School District #29, et al. The Supreme Court accepted my petition and assigned my case a case number, #10-10070. My Petition can be read at www.lakotaperspectives.com. The Court considered the case for several months, then declined to hear it.
Oil Brings Floods
As a resident of North Dakota, I can say that we have been experiencing and upsidedown weather pattern for the past 2 years, a very wet cycle with most percipitation falling in the west, highly unusual. The west is arid country. It isn't just the big rivers; its all the small rivers. Then farm land is affected, much of it under water, and most too wet to seed.
Then we have flooding along the mighty Mississippi River.
At the same time, fires are raging in Arizona.
The country has experienced severe tornadoes, as far north as Massachutes.
To top that off, North Dakota is home to the most miserly, cretin government that you would ever want to see. North Dakota is sitting on a sea of oil, and the treasury is bursting with cash to the tune of $1 billion dollars. So the state legislators give back #150 million dollars to the oil barons out of the state treasury, and refuses to help flood victims. The governor says it is more important to encourage business and oil with tax breaks. But what the hay? Bush and Obamam have blown up trillions of tax payer dollars to encourage our national interest in oil in the Middle East. Yet there isn't a politician anywhere smart enough to connect the dots. Can you?
Anthony Weiner
I come out in support of U.S. Representative Anthony Weiner and anyone who doesn’t is just a little wiener-whiner. From what I have seen, Mr. Weiner has an excellent physique for a man of 48. Rather than being apologetic, I would suggest that Mr. Weiner take out bill board ads, highlighting his amazing anatomy, and challenge the rest of the legislative body to compare bodies publically. As a U.S. citizen, I think we have a right to know every intimate detail of our legislators, don’t you? It helps us prioritize what we think were problems and relegate those seeming problems to obscurity, such as: home foreclosure, no job, reckless military spending.
As representative of the American public, I congratulate Mr. Weiner for having distracted the media away from pointless economic discussions which just enrages the public. Mr. Weiner has given us something prurient to think about instead. Part of our American culture is our insatiable interest in sex, smut, and sleaze. We love smut. Someone else’s smut. At the same time, we like to present a Puritanical, abhorrent attitude on sex to the world. At the same time, Congress is all agog over Mr. Weiner, it is ordering U.S. military to hold Arabs as "enemy combantants" in a naked condition, to perform indecent sexual acts on them, to parade naked Arabs in front of female militia, to have female soldiers touch Arabs’ genitals. Why don't we have more pictures of this?
So, Mr. Weiner, put up that billboard, and challenge any other Congressman or woman to do likewise. What’s in a statement of a bare chest? Proud to be an American where at least we know we're free.
Schmidt v. Warwick Public School
Great news! My Petition to the U.S. Supreme Court has been docketed and assigned a case number, 10-10070. I have just posted my Petition for Certiorari to www.lakotaperspectives.com.
JANIS SCHMIDT v. WARWICK PUBLIC SCHOOL DISTRICT #29, et al.
Case # 10-10070
QUESTIONS PRESENTED
1. Whether Schmidt’s Fifth and Fourteenth Amendment rights to due process and equal protection were denied when school administrators retaliated against Ms. Schmidt when she reported the rape of a Native American student as required by law?
2. Whether schools and their agents are required to report a rape when it involves a Native American student and the rape occurred on an Indian reservation, and was the rape victim and the teacher who reported the rape to Social Services afforded due process and equal protection under the Fourteenth amendment when the rape issue was handled through the tribal court and not federal court, and the teacher was forced to agree to 5 Directives admitting that no rape had occurred and that she had committed an act of insubordination by reporting a rape?
3. Whether Schmidt’s Ninth Amendment right not to be personally and professionally defamed by Defendants whose false statements about Schmidt resulted in her professional reputation was ruined beyond repair?
4. Whether Schmidt’s Seventh Amendment right was violated by the court’s misinterpretation the statute that forbids Defendants from relying on ND unemployment compensation decisions as evidence in a separate action, for the purpose of dismissing my claims without a trial?
5. Whether Native Americans living on Indian reservations are considered citizens entitled to equal protection and due process as guaranteed under the Fourteenth Amendment?
STATEMENT OF THE CASE
This case raises constitutional issues of the highest import. It involves a teacher who was retaliated against by Defendants for reporting a rape of a Native American student and then reporting Defendant for not fulfilling its requisite reporting obligations. Ultimately, Defendant terminated Plaintiff without due process and then illegally relied on a renewal hearing to justify the firing when it became clear that the so-called termination hearing was held illegally, without notice and opportunity for Plaintiff to be heard. To permit the summary decision of the North Dakota Supreme Court to stand will in effect stand for the proposition that teachers have no property right created by the statutory termination procedures, and will violate decades of United States’ Court precedent; and will create precedence that school administrators do not have to report child abuse if the crime (rape) occurred on an Indian reservation.
This case raises the issue of Indian rights, which has never been squarely addressed by the Constitution or statutes. Are Native Americans citizens, and if so, why do they not enjoy the same protection and due process as other Americans? Native Americans who were not already U.S. citizens were granted citizenship in 1924 by the Congress of the United States. It is said that Native Americans today have a unique relationship with the United States because they may be members of nations, tribes, or bands of Native Americans who have sovereignty or independence from the government of the United States. Sounds good, but in reality and in this case, it means that the Indian has never been recognized as a U.S. citizen with rights equal to that of any other race.
My case will give this Court an opportunity to rectify a long, overdue inequality existing in American. I reported a rape to the school administrators as told to me in class by a Native American girl. The problem is that the administrators had not to reported the rape because the rape happened on an Indian reservation and the tribal police and tribal court was handling it. (App B, Doc 241, Order granting summary judgment, p. 3) Schools and other officials are routinely using sovereignty as a reason not to obey child abuse laws when it concerns Native Americans. Sovereignty is routinely used as an excuse to deny Native Americans constitutional rights because Indians are regarded as independent from the government of the United States. Separate but supposedly equal still exists in schools on reservations, and the most vulnerable of Native Americans, the children, have no constitutional rights to protection from violent crimes, or from administrators who abuse students. I reported child abuse of Native Americans to every conceivable authority, but they all said it wasn’t their jurisdiction. The set up girl was so constantly hounded by kids taunting her about being raped in Warwick school, the lie perpetuated by the school administrators to avoid reporting, that she committed suicide at the age of 14.
There is no legal reason that my case should have been dismissed before trial. The law was on my side. The North Dakota courts did not adjudicate by the law, the Rules, or the constitution because my case presented racial issues and equal protection that have never been decided when a case involves Native Americans.
REASONS FOR GRANTING THE PETITION
The African Americans were emancipated in 1863, and set free through the 13th Amendment passed 1n 1865, and the 14th Amendment, passed in 1868, guaranteed due process and equal protection to African Americans but not Native Americans.
Permeated by hostile racial attitudes of racial superiority laden with guilt and shame, white American has never recognized the Indian as an equal, and therefore Indians have not been afforded the same rights as all other citizens enjoy. African Americans were set free and all kinds of laws have been enacted to guarantee their rights. Not so with Native Americans, the only people who were born free and equal, who once owned all of what is now called America. It has been very difficult for the U.S. Government to create a fair set of laws regarding Native Americans, and has failed miserably.
A tribal court, called Court of Indian Offenses, was created by the military and the Dept. of Indian Affairs in the 1880s as a means of punishing and controlling Indians, but not protecting them from perpetrators of crimes. The Department of Justice (DOJ) reports from the latest available data that from 1992 to 2001 American Indians experienced violent crimes at more than twice the national rate. Violence against Native Americans goes uninvestigated and unreported when it occurs on an Indian Reservation, and those who do report are so severely retaliated against that they never recover from the retaliation.
We have to look back to Worchester v. Georgia, 1832, for a case similar to mine. Worcester was sentenced in state court to 4 years of hard labor because he supported the Cherokee resistance against removal, and was teaching the Indians about history, the law, and how to read and write. Because I reported a rape, and that administrators were abusing Indian students, I was retaliated against, lost my job, and labeled with misconduct for having reported a rape, thus ending my teaching career. This was all accomplished through our legal system.
The rape issue developed into situation where the administration felt they needed to cover up the fact that they had not reported the rape of M H, as required by law. NDCC 50-25.1-03 The administrators were afraid if I told, they could have their education license revoked, pursuant to 50-25.1-13 (Doc 204, #80) so, instead of reporting, they staged a fight and expelled the rape victim, (App D, Doc 204, #16-18) and set up another Native American girl by telling the girl I had said she had been raped.
Reasons why my lawsuit was unjustly dismissed
There is no reason that this lawsuit should have been dismissed. The courts and decision makers refused to follow the Rules; law enforcement refused to investigate crimes against Native American children. The problem is much bigger than my case; it goes back to the fact that the government, who is the maker of the laws, has never come up with a fair, consistent set of laws, starting with the treaties, regarding Indians. The Fourteenth Amendment was a political piece of work, deliberately excluding Indians from due process and equal protection. The Civil Rights Act of 1868 did not address the rights of Indians, who have largely been the forgotten race in America.
The courts have not shed any light on current treatment of Indians. Indians rarely, if ever, have any opportunity to bring a case to state or federal court, where these issues can be addressed. It takes a white person such as myself, who refused to go along with the racist scheme of things, and dared to stand up and report the fragrant abuses being perpetuated on Native American students. Why did the agencies and courts not investigate serious crime? It was more that jurisdiction; it was because they would have to reverse their rulings in regards to Native Americans, who are routinely charged with a crime they did not commit, and are routinely sent off to prison without any due process.
Indian women and children do not report serious crimes of abuse and rape because they know that the state will end up dismissing the perpetrator, and blaming the victim, which is what happened to M H and J J. And I was charged with misconduct for reporting to authorities, which means as a teacher, my teaching days are over, along with my personal and professional reputation. I wasn’t sentenced to hard labor like Wochester, Worchester v. Georgia, 1832, I was just denied any meaningful employment for the rest of my life. A teacher does not overcome a discharge for misconduct. I was deprived of my right to due process, and I was deprived of my property right by being improperly terminated in retaliation for doing my so-called protected duty. Where’s the protection? It is exactly the same treatment Indians get.
I have steadfastly maintained that I was fired twice without notice or hearing for performing my mandatory duty of reporting a rape and institutional child abuse. (Doc 1) Defendants have argued in hearing before Job Service, (App Y) in hearing to dismiss, (Doc 193) in summary judgment motion, (Doc 197) on appeal and in arguments before the North Dakota Supreme Court that I was not fired, but placed on administrative leave. Defendants have argued that even if I was fired, I was paid my full contract salary, so there was no breach of contract, and therefore no damages. (Doc 52, 198, Defendant’s summary judgment, p. 10) The trial court accepted Defendant’s facts as true based on Job Service facts, which is not permitted by statute, NDCC 52-06-37.1, nor by ND R. Civ. P 56. (App B, p. 9-10) The trial court illegally changed the Defendant’s motion to dismiss to one of summary judgment without notice, pursuant to ND R. Civ. P. 12(d) and 56©(g). (Doc 193) I was denied my Fifth and Fourteenth Amendment right to be duly notified that the hearing was to be based on summary judgment and not motion to dismiss, which the court then denied me the right to bring evidence and question witnesses, which would have given me a favorable outcome, if the trial court were to abide by the Rules of civil procedure.
You will note that I am heavy on the laws, and light on the cases, because the laws were clearly not enforced in my case, just as they are not enforced equally for Native Americans.
J J, the girl set up to replace M H, the real rape victim, was very interested in Leonard Peltier, and had many questions about AIM and Wounded Knee, and wanted to be like Anna Mae, and bring some justice and rights to her people, the Dakota. J J was related to Leonard Peltier, as were some of the other students. She was just 12 years old when she told me that. She was very bright and interested in learning. She idolized me and loved being in my classes, until Supt. Guthrie had to ruin everything for both of us by questioning her about a rape; then telling her that I had told him that she had been raped. The poor girl, 12 years old, hated me and spread the false story all over the school and community. Guthrie and Riedinger were estatic because J J was doing the defaming without them lifting a finger. Slick. And they thought no harm done; they could now say that Ms. Schmidt was falsely reporting rapes and they had every right to fire her. However, the stigma of rape never left J J, and her life was cruelly altered. Even though she changed schools twice, she could not escape kids taunting her, saying that she had been raped at Warwick School, the story that Guthrie had instigated to avoid detection that he had not reported a rape or other abuse, in fact, had become the abuser. J J, not being able to escape, and not getting anyone to believe her once she discovered the truth, she called a classmate, crying on the phone, and said, “What’s the use? No one will believe what Mr. Guthrie did to me.” Two weeks later she was dead; hung herself. That’s what happens when administrators do not follow the child abuse laws; laws that were intended for Native Americans as well as white students. But not in North Dakota. And God help the poor teacher who attempts to make officials follow the law when it comes to Native American issues.
Invite to Supreme Court
418 Griffin St.
Warwick, ND 58381
701-294-2196
April 26, 2011
Tiffany Johnson
Gary Thune
Pearce & Durick
PO Box 400
Bismarck, ND
Re: Janis Lee Schmidt v. Warwick Public School District 29, et al., No 10-10070
Dear Ms. Johnson,
It gives me great pleasure to notify you that my Petition to the U.S. Supreme Court was filed on April 12, 2011, and placed on the docket April 21, 2011. It gives me even greater pleasure to inform you that your Brief in Opposition is due Monday, May 23, 2011, should you choose to write a brief.
It truly warms my heart at the thought of you arguing before the U.S. Supreme Court, explaining to the Justices just why it wasn’t necessary for Supt. Charles Guthrie, Principal Gene Riedinger, and counselor Shirley Tiokiason to report a rape that happened to one of their students, because the rape occurred on an Indian Reservation.
It makes me ecstatic at the thought of you explaining to the Justices how I needed to be immediately fired because I allegedly talked to Indian students about Leonard Peltier, which you like to call “administrative” leave. I would absolutely love to have you explain to the Justices exactly how administrative leave works, in lieu of a dismissal hearing.
I am so glad to give you this opportunity to appear before the U.S. Supreme Court so that you can dazzle them with your clever arguments as you did the North Dakota Supreme Court on October 6, 2010. I am sure they will be very impressed with you. Enclosed is the formal notification from the U.S. Supreme Court, which I was asked to serve on you as counsel for the Defendants in this case. And I remind you it is your duty to notify all of the Defendants named in this lawsuit.
This is an opportunity of a lifetime, to argue before the U.S. Supreme Court, and to think that you have me to thank for it. Have a very good day.
Most cordially yours,
Janis Schmidt.
