Legalized Theft

GRAND THEFT AND ABDUCTION

I should like to report a grand theft and abduction, false arrest, false charges, obstruction of justice, violation of civil and human rights, denial of freedom of speech, press, and mobility, use of court to seize property, failure to protect private property, illegal eviction and banishment from the Reservation, my home of 13 years. I’m sure I left something out. Who do I report this to?

On June 1st, 2004, I returned to my home to find a pick up backed up to my front door. Someone was breaking and entering and stealing my belongings. I rushed to a neighbor’s house to call the police. The Tribal police came, told me I was under arrest, read me my rights, put me in a squad car, and booked me into the Pine Ridge jail. I was not served a warrant or a court order. I was placed in jail where I remained for an hour or so. I was released to the Sheriff of Shannon County, who handcuffed me, and took me to the Hot Springs jail. I was finger printed, mug shot taken, booked in, told I was charged with failure to vacate, and I would be allowed one phone call. I called Barry Bachrach.

I spent 2 days in jail, worried sick about my property and no medications (I have diabetes). Barry bailed me out and a friend came and got me. When I returned to the Reservation, I discovered through Barry, that not only was I evicted from my home, the house I built, but I was banned from the Reservation. What about my things? Barry said if I am caught on the Reservation, I will be arrested and jailed.

Friday, my friend took me to Gordon, NE, to the 1st National Bank. I spoke to the vice president, Will Isham, who was appalled but not surprised, at what happened. He allowed me the use of the bank’s fax machine to get a copy of the court order from Barry.

I was shocked when I read through this 7 page piece of crap. Judge Lisa Cook gave my house to Louise. There was no mention of how I was to retrieve my belongings, my appeal rights, Also, how am I to recover my personal property when I am restricted from movement?

I called the Sheriff who repeatedly made attempts to accompany me to my house so I could retrieve my belongings. He told me that Louise had changed the locks on my house and I needed her permission to get my things. Judge Cook told the Sheriff he had to come to Kyle and meet with her before I could get anything. Why is the retrieval of my property not spelled out in the court order? What is the delay in my recovering my personal belongings? Why is Louise put in charge of my house and belongings, while I am locked out?

I tried repeatedly to get a Tribal advocate to file an appeal for me. No one would touch it because I am such a political hot potato, for fear they would lose their jobs.

Six days later on June 9th, I am allowed to go to my house accompanied by the Sheriff, to get a few personal items. I discover that Louise and Robert, her son, have tampered with my things, ransacked my house, now I don’t know where anything is. I searched for my ledger book with all the building material receipts in it. That is missing. I searched for my chain saw and discovered that missing. I reported the missing items to the sheriff and Tribal police officer, who took notes. The police officer asked me what court I had gone to. I said that I hadn’t gone to court, never had a hearing, and had not been served a warrant.

I discovered damage done to my house, flour strewn all over in the new house, papers and clothes, wooden furniture set out in the rain. It was raining yesterday when I was there. I noticed that Louise was using my extension cords to run electricity to a trailer parked in my yard. I noticed beer cans and case containers and trash strewn around. I noticed the steaks I had bought were gone, $23 worth. I noticed my grill was moved out back where the BBQ had taken place. The thieves celebrate a successful heist and grand theft!

I noticed a certain pattern to the removal of my things. It seems like Louise removed all the papers, including magazines. I didn’t see these around. I bet she is looking through them for documents. Then Robert is probably stealing things like tools, saws, chain saws, whatever he can sell. I don’t see it around.

The Sheriff told me that Lisa Cook wants me to meet with her to outline a plan for the removal of my belongings, that Louise needed to be present. I am very suspicious of meeting privately with Judge Cook.. I cannot trust her word. If the banishment from the reservation is lifted, as Judge Cook says it is, how can this be done without a hearing? I don’t understand any of this. Lisa Cook has been calling Barry Bachrach telling him what a nice person she is and how she wants to help me. She told Barry that she had removed the banishment from the Reservation on me, that I can come and go freely, except that I cannot go to my house and belongings. I do not trust anything that does not come in the form of a court order. Since I received a grossly negligent and unjustly damaging decision from associate Judge Lisa Cook, I must appeal her decision to the Chief Judge in Pine Ridge. Specifically I request:

1. a stay of execution on my banishment from the reservation, or rescinded due to lack of supporting evidence that I should be removed.
2. 30 day opportunity to retrieve my personal belongings and property, under conditions favorable to me, the aggregiously wronged party
3. that Louise Big Boy and her son, Robert Montileaux be restricted from moving any of my belongings, property, or from occupying my house until I have had a proper time to remove my belongings.
4. That Louise Big Boy and her family and anyone working with her be restricted from my house, yard, and garden during the 30 day time limit or until such time as I have had a chance to retrieve my property in an orderly fashion.
5. Immediate action before more theft and damages occur to my property in its unsecured state

1. Because much harm, and damage, and theft of my property has already taken place;
2. Because I repeatedly requested that my property be safeguarded as the Tribal police were hauling me to jail, and nothing was done to safeguard my property:
3. Because CFR guidelines were not followed in my eviction which resulted in a wrongful eviction with damages and theft of my property:
4. Because Louise Big Boy, who has fraudulently used the Tribal Court to commit grand theft is allowed to break into my house, damage my house, with the intent to steal, all with a court order from Lisa Cook to legalize her crime:


I, Janis Schmidt, reserve the right to address all other issues in Federal court, such as damages, attempted grand theft, wrongful eviction, abuse, and more.

I would like to know by what authority Louise Big Boy touched any of my property, removed my belongings, put new locks on my doors so that I cannot retrieve my belongings. And now I have important documents missing, and my chainsaw is missing, tools are missing. Who is to blame for this? Who is responsible for this situation? I spoke with Lucy who tells me that Louise is telling people to come and down and help themselves to my things. While I am barred from my property. To their credit, most people do not out of respect for me.

Is this a pretty good example of justice in Tribal Court?

Janis Schmidt
Jlschmidt [at] gwtc.net
Phone 867-2413