Injustice Regarded as Normal With Native Americans

THE SENTENCING OF DONNY BEAR ROBE

On May 3rd, 2005, I witnessed one of the most rascist abortions of justice that I have ever seen. Donny Bear Robe was sentenced to 5 years, involuntary manslaughter, by Judge Richard Battey, who had a copy of evidence that showed that Geri Plenty Arrows death was caused by two BIA Police Officers, who illegally high speed chased Donny, struck him from behind sending the pickup out of control, causing Geri to fall from the pickup box, and the Police struck her in the head as she was falling.

Judge Battey found that Donny failed to stop when police lights were flashing behind him. He willfully disobeyed the law when he failed to stop. Therefore, anything the police did was Donny's fault, according to Judge Battey, because Donny didn't stop.

Furthermore, according to Judge Battey, Donny had been drinking and in his findings, most of the problems on the Reservation are caused by drinking, and Indians have been getting by too easy with their drinking, causing all kinds of crime--rape, murder, assaults. (My god! we have the dirty, drunken, lazy, good-for-nothing Indian. They all deserved to be killed when Columbus arrived, now we have progressed to the postmodern 21st Century, where we just incarcerate them and pay off the rest to stay in line.)

Gary Colebath, Donny's attorney from the Public Defender's Office, sat silently beside Donny, knowing he was helping the police coverup a murder, knowing the police left Geri to bleed to death on Grass Creek Road, knowing the police moved her body, knowing he never investigated, knowing he never explained to Donny his Constitutional Rights, knowing he tricked Donny into pleading guilty, knowing he would not allow Donny to change his plea back to not guilty, knowing that he is guilty of incompetence and willful official misconduct, and unethical conduct of an attorney. So he said nothing. He never made a motion to the Judge to dismiss the case in light of new evidence, he never made a motion for Donny to have at least a trial so all the facts could come out. Silently Colbath sat, hoping Donny would be sentenced, and everything could be just swept under that great big dirty rug of justice that has been going on for the last 130 years, ever since the Reservations were created.

Then Judge Battey asked the victim's mother, Hilda Two Bulls, if she would like to speak. Hilda said that she did not hold Donny guilty of killing her daughter, Geri. They were best of friends. She said that the police were more to blame than Donny. She told how Donny is helping to care for Geri's baby. She couldn't understand how Janklow definitely struck a man by failing to stop at an intersection, and was speeding, and did it while he was cold sober, and only got 100 days, while Donny, who didn't kill anyone, got the maximum sentence.

The Judge asked Donny if he had anything to say before sentence was passed. Having been well coached by Gary just before going in, Donny groveled before the Judge, telling him how good he intended to be, which the Judge, of course, took this to mean an admission of guilt. Furthermore, Cecil and Carmel had bucked the system, and the Judge was going to hand down as stiff a sentence as he could just to show those upitty Indians who was in charge.

Just like lambs on the way to the slaughter, it is all so silent. No one says a word. No voice is raised in
outcry. Lambs, psychologically abused, their Constitutional Rights stripped from them. No one shows up at these trials/hearings/sentencings--yet, the Rapid City Journal, without a reporter there, can immediately write all about how vindicated the justice system is by sending off one more Lakota.

The South lynched the Blacks when a crime was committed 50, 60 years ago, and there was no investigation. Just a handy black rounded up, given a speedy trial, without any due process, and executed by the State, unless the good citizens got to him first.

Somehow, the Civil Rights Movement of the 60's totally bypassed Native Americans. At least 2 or 3 innocent Lakotas are being sent off to prison every month from the Federal Court in Rapid City alone.

Judge Battey turned the sentencing over to Mara Cohn, instead of passing sentence himself, in a postmodern washing of hands. He then adjourned the court, and it was done. The police got away with murder, again. Remember Arlo Looking Cloud?

The Judge adjourned and Mara Cohn went over to Hilda to gush over her and attempt to pay her off. As Mara walked by Bobbie, Donny's girlfriend, who said to her, "I hope you are happy with what you did today." She turned and pointed a finger at Marvin Bad Wound, and said, "And there you sit saying nothing, and you know exactly what is going on, and you said nothing. You helped set him up." I was waiting in the short hall by the door. As Mara went by, I asked her, "I understand you had a lot of help from Bill Bielecki in questioning the witnesses?" Mara never broke stride as she brushed past me, saying, "I don't know anyone by that name."

Bill Bielecki was known to the Tribal Executive and Council. But they claim he was hired by the BIA, Superintendent Larry Bodin to help the police. What does the police need help with? Mopping up after the police? Witness tampering? and manufacturing evidence? Bill Bielecki questioned all those kids riding in the pickup. What did he tell them? That he was from the Department of Justice, and he was going to help them. So he questioned and videotaped them. I have been told by the Bill Bielecki fan club here on the Reservation that I better stop talking about him, because he helps a lot of people here, payolla, that he is over in Iraq right now helping out. (If that is the case, I'm sure he is rounding up some innocent Arabs and tossing them in Abu Graib for the U.S. Government.)

Last ones out of the courtroom were the Lakotas. We all felt some kind of stunned disbelief, like we had just been kicked in the stomach. I said, "You have to understand what happened here. It's not the Constitution and the Law that is against you. Thank God for the Bill of Rights and the Law. The problem is with the officials who are abusing the very law they have sworn to uphold. The prosecution never had enough evidence to convict Donny. The CIs and police wanted to cover up what really happened.

"And they were counting on you not knowing anything about your rights guaranteed under the Constitution of the United States, that just like Tribal government, they subvert the laws as they go along. They couldn't prove nothing, had no evidence, so Mara had to send the kids way off to Sioux Falls and scare them with prison unless they answered the questions the way she wanted. And Marvin was right there to make sure they did. And no one was advised of their rights. That is gross official misconduct, that is malicious interrogation with intent to obstruct justice, that is witness tampering.

"The Reservation is riddled with undercover FBI posing as Christians and God knows what else, with hands full of dollars ready to pay off all the sell-outs, to pay their way to do their dirty work. Then the CIs and Tribe cover up crimes and get rid of people they don't like."

Then a Federal Marshall showed up and told us we would have to get out because we were a fire hazard. We had just been really getting into some heated discussion, too. Just great. We, the people, have come to this courthouse looking for justice. And We, the People, have been told to get out before we start a fire. They are right. I hope a fire has been started in the hearts of Lakotas for the injustice that has taken place here today.

Later, when Cecil told me he felt like punching someone, when Carmel, a beautiful Lakota mother could not stop crying, when Donny called to ask in a very small voice, what is going to happen, I said:

“I know this might not be too much consolation. But try to look at the bigger picture. Look at what is really going on, and that you are a part of it. Too many laws destroy freedom. Change takes time. Change doesn’t take place in the court room. No, it doesn’t. Change begins in the heart of someone who has been wronged, who has the courage to stand up and say, ‘you can’t do that to me and get by with it without a fight.’ Change begins in a jail cell when someone has been denied their basic rights and freedom. Change then spills out in the streets to the people who carry the taste of freedom into a movement which gains its strength from the love and care that people have for each other. Change begins with one person who dares to stand up to the system and say no, who then becomes part of a larger process that keeps moving along, gaining momentum as more people join in. The last mile is the most memorable, when the cause becomes a revolution. Then laws are changed or abolished. It isn’t laws that keep people safe or guarantee their freedom. It is the loving concern and good will that people have for one another that keeps them safe and free. No bully can stop the will of the people to be free when they join together. We didn’t just have civil rights in the 60’s. No, we didn’t. It began with one person daring to get on the bus, to stand up and say so. Too many laws destroy freedom. The weapons of choice today are the laws that are used to allow criminal activities and protect the abusers of civil rights and freedom. Poor people and minorities are accused and put in jail, while the elite, the bullies, the ruling class use the courts and the police to send them off. Ultimately, there is only one freedom, that begins with the truth, and ends with the people.”

I have found that everything that has happened to me, has also happened to you. I have heard your cries, and I have seen you treated worse than a dog by the very authorities who are supposed to represent you and uphold justice. Finding justice in an unjust society is not possible unless the people are willing to say "Enough. I do not care to live this way any longer. And I want to join the fight for justice for all."

Donny's case has been appealed to the 8th Circuit Court of Appeals. Barry Bachrach will argue his case. Barry is also the legal advisor for our newly formed organization, CROSTVO, Constitutional Rights and Oglala Sioux Traditional Values Organization. Our next meeting will be in Kyle at the College Center on Friday, May 20th, at 1:00.

Janis Schmidt is an artist, writer, and teacher and can be reached at 867-2413. Lucy Bull Bear is a housewife and can be reached at 455-1138.