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Press Packet Information on Shundahai Network Should be posted soon..
Press Release -- Despite continued federal intimidation, Western Shoshone move forward on seeking land talks.
Press Release
December 19, 2002
At 10:50 a.m. on December 17, 2002, Carrie Dann watched as two federal agents pulled up to her family's home. The agents were there to serve a notice of unauthorized use and order to remove livestock from lands claimed as "federal lands" by the Bureau of Land Management. When Ms. Dann did not accept service, the notice was tossed on the ground by one agent stating "consider yourself served". The second agent said that wasn't good enough and as Ms. Dann was reentering her home, he reached around her and threw the documents through the door way and into the family home.
The notice gives the Danns 5 days to respond or to face possible impoundment of the livestock. The fifth day falls on Christmas Eve. The notice was served without a response to the Danns request (see attached letter of Nov. 29, 2002 from attorneys for the Danns to Helen Hankins/BLM) that they be provided with copies of data being relied upon by the BLM to assert range conditions and the opportunity to discuss the BLM's position on Western Shoshone land negotiations.
Under threat of another federal raid and increased threats to the lands, the Western Shoshone are continuing to move forward in efforts to engage the United States in good faith discussion with the Western Shoshone over land issues. Several community meetings have been held over the past month and half and additional meetings are being scheduled. Topics of the meetings have included: 1. creating dialogue between the Western Shoshone and with private, state, local and federal interests; 2. Mapping and the use of maps in negotiations; and 3. techniques for negotiations strategies. Upcoming meetings will include continuing discussion of these topics and workshops on indigenous rights and history of the Western Shoshone case. An initial meeting has been held with Congressman Gibbons and Senator Ensign's offices and discussions are in place with Senator Reid's office although they have not yet agreed to a meeting on the issue of land.
"The state and federal government have known for many years that the Western Shoshone Nation has wanted to enter into a discussion regarding land." stated Fermina Stevens, Chairperson of the Elko Band Council and Te-Moak Tribal Council Member. "In fact, Elko Band as well as other Western Shoshone communities have worked diligently to identify areas and make proposals to the U.S. However, to date, we have received no commitment or acknowledgement of our land or treaty rights from the United States. They have been asked to provide documents regarding bill of sale or cession of land -- apparently they have no such documents. The U.S. is being unfair and unjust with regard to addressing the issue of Western Shoshone land in order that we can provide for ourselves, culturally and economically."
For additional information please contact the Western Shoshone Defense Project at 775-468-0230.
photo credit Klaynda Tigles
Here is the text of the motion that was filed, argued and denied (the caption, exhibit, and proof of service aren't included). Also, David Kahn demanded a jury trial and was denied.
DEFENDANT XXXXXXXXX by and through her/his attorney of record, DAVID S. KAHN,
ESQ., of the law firm of MORRIS POLICH & PURDY LLP hereby moves this Court
to dismiss the Complaint against her, based on Defendant's assertion that
this Court lacks jurisdiction over Defendant. Defendant also demands a trial
by jury.
FACTUAL BACKGROUND
The Defendant is charged with trespassing, arising out of the Defendant's
activities in protest of governmental actions. The activities of Defendant
were at all times peaceful and nonviolent, and Defendant was expressing opposition
to certain policies of the government, including the proliferation of nuclear
power, nuclear weapons, nuclear testing, weapons of mass destruction, and
environmental damage caused by these governmental activities. The arrest took
place on what Defendant contends is land belonging to the Western Shoshone
nation, which land is called Newe Segobia. Defendant contends that the Western
Shoshone never sold or gave this land to the United States of America or any
of its political sub-entities, including states, counties, towns, and cities.
Furthermore, Defendant contends that the Treaty of Ruby Valley, which was
agreed to by the Western Shoshone, was a treaty of peace and friendship, permitting
certain uses of portions of the land for travel, mining, and ancillary and
related uses. Defendant submits that the Treaty of Ruby Valley, negotiated
from approximately 1861-1863, and ratified in 1869, did not authorize the
wholesale taking of the land known by the Western Shoshone as Newe Segobia,
and that the land remains the lawful property of the Western Shoshone, as
it never passed to the U.S.A. or any of its sub-entities. Finally, Defendant
asserts that the Treaty of Ruby Valley did not contemplate the taking of land
which has occurred, and that it further did not contemplate any use of the
lands of the Western Shoshone for nuclear testing, nuclear waste storage,
any permanent facilities not permitted by that Treaty, or any other use inconsistent
with the Treaty. Defendant was lawfully on the land of the Western Shoshone,
with the permission of the Western Shoshone, and contests and objects to any
authority asserted by any other political entity, including the U.S.A. and
any of its political sub-entities, including this Court.
POINTS AND AUTHORITIES
Attached hereto as Exhibit "A," and incorporated herein by this
reference, is a copy of the terms of the Treaty of Ruby Valley, both a copy
of the statute and a translation. Treaty of Ruby Valley 1863, 18 Stat. 689
(1869). That treaty specifically permits certain limited uses by the government
of the United States and its citizens, and begins in Article 2 by referencing
several routes of travel used by white men. The uses include travel through
Western Shoshone land on two (2) routes, as evidenced by the use of the word
"either," which is a term found in Article 2, the same early paragraph
which defines the purpose of the Treaty. The permitted uses also include security
and protection along those same two (2) routes, as well as mining and other
uses consistent with the purposes of the Treaty, which was a treaty of peace
and friendship. The Western Shoshone, as evidence by The Treaty of Ruby Valley,
did not sell or give the land to the United States of America. The land remains
the possession of the Western Shoshone.
Defendant contends that one of the elements of criminal trespass is that the owner must either warn against trespassing, or that the intent is to vex or annoy the owner. NRS 207.200(1). Clearly, if the land does not belong to the entity making the criminal allegation, here undersood by Defendant to be the federal government, then the charge cannot stand. Furthermore, Defendant was merely expressing Defendant's dissatisfaction with certain governmental policies to which Defendant is opposed. Such speech is protected by the First Amendment to the United States Constitution, where such speech was at all times peaceful and nonviolent. The First Amendment bestows upon citizens of this nation the right to peacably assemble and "petition the Government for a redress of grievances." U.S. Const., Am. I, 1791. Defendant was simply exercising Defendant's constitutional rights. Defendant, however, contends that this activity was conducted on the lands of the Western Shoshone, over which this Court has no jurisdiction.
CONCLUSION
For the reasons set forth above, it is respectfully requested that this Court
grant the instant motion, and dismiss all charges against Defendant as lacking
in jurisdiction. Defendant is charged with trespassing, but Defendant contends
that the act took place on the lands of the Western Shoshone, which lands
were never transferred to the United States of America, or any of its political
sub-entities.
Dated this ________ day of November, 2002
MORRIS POLICH & PURDY LLP
______________________________
DAVID S. KAHN, ESQ.
Nevada Bar No. 007038
3980 Howard Hughes Parkway, Suite 400
Las Vegas, Nevada 89109
Attorneys for Defendant
DEMAND FOR JURY TRIAL
Defendant hereby demands a trial by jury in this matter. NRS
175.011.
Dated this ________ day of November, 2002
______________________________
DAVID S. KAHN, ESQ.
Nevada Bar No. 007038
3980 Howard Hughes Parkway, Suite 400
Las Vegas, Nevada 89109
Attorneys for Defendant
FOR IMMEDIATE RELEASE
SHUNDAHAI NETWORK
12.05.02
CONTACT: Kalynda
Tilges
702.369.2730
702.743.8523 cell
Shoshone Motion Denied For Nevada Test Site Demonstrators
Beatty, Nevada-- Las Vegas Attorney David Kahn appeared in Nye County Court today on behalf of over 20 defendants who were arrested in Mercury, Nevada last Oct. at the Nevada Test site (NTS) during the Shundahai Networks "Action For Nuclear Abolition" a week of speakers, trainings, and civil resistance to nuclear weapons and waste.
Several of the protesters refused to enter a plead based on their belief that the land that the NTS and Yucca Mt. is on belongs to the Western Shoshone. Mr. Kahn filed written motions for the remaining defendants asserting that the land belongs to the Shoshone Nation under the Ruby Valley Treaty of 1863. Mr. Kahn argued that the Beatty Justice Court lacked jurisdiction to prosecute the defendants. After the arguments were presented by both attorneys, the Judge read portions from a similar case he handled in the 1980's when thousands of people came to the yearly demonstrations. He denied the motions and entered pleas of "not guilty" for those who refused to plead. The defendants come from all over the country including, Utah, New Mexico, and New York.
David Kahn stated " I believe that people have the right to express their opinions in a peaceful manner. These individuals harmed no person or property and were advocating their position against Nuclear waste disposal, nuclear testing , weapons of mass destruction, as well as what they perceive to be US government actions contrary to international law and the best interests of the American people."
A hearing has been set for early January at which time trial dates may be set. Originally there were 27 defendants, several have been dismissed by the District Attorney. A total of 66 people were arrested at the October action.
Nye County Judge Bill Sullivan indicated that no juries would be provided as asked by the defense due to the nature of the offenses, also, in response to Mr. Kahns request, Judge Sullivan indicated that he did not intend to impose jail sentences on any defendant.
The position of the Nye County DA is essentially that the Western Shoshone have sold their land rights to the US government and been paid for it. He sited to legal precedent and the fact that funds are currently being held for the Shoshone by the US government. The Shoshone have long held the position that the Treaty is still in effect, the land is not for sale and they will not accept the money and sale of the land being forced upon them by the US government.
Nevada Senator Harry Reid has been trying to force the issue by introducing legislation to finally disperse the funds to the Native Americans and finalize the extinguishment of the Treaty. This legislation has passed the Senate but not the House. A vote was recently held among the Shoshone to decide if they would accept the money, but there were problems of an improper voting process and the issue is still open.
Mr. Kahn argued that the treaty of Ruby Valley was not a sale of land, but rather allowed "white men" to travel through two routes of Shoshone sovereign territory. Mr. Kahn also noted to the court the dispute within the Shoshone about the money and what it for as well as the propriety of the vote.
Kalynda Tilges, Executive Director of Shundahai Network, the Las Vegas based group who oppose the Yucca Mt. and Skull Valley nuclear dumpsites as well as nuclear weapons and testing accompanied Mr. Kahn. "US government treaties seems to be good only as long as it is expedient and profitable. It apparently has no qualms about squashing not only the treaties themselves, but the people they signed them with with. Why would anyone on the planet want to trust or work with us if we can not even keep our word to citizens of this country? We are here to say, the word and law of the US treaties must be treated as sacred." stated Ms.Tilges
Photo and text of motion available within the week at http://www.shundahai.org/press_and_media_info.htm
# # #
OCTOBER 7TH, 2002 - STREET THEATER AT FEDERAL BUILDING NO NUKES! NO WAR! FAMILIES FIRST!
OCTOBER 7th, 2002 - PEOPLE'S NUCLEAR ABOLITION SUMMIT MOBILIZING NEIGHBORHOODS TO PROTECT THEMSELVE
OCTOBER 4, 2002 - FAMILY SPIRIT WALK ARRIVES
OCTOBER 1, 2002 - FAMILY SPIRIT WALK TO ARRIVE IN LAS VEGAS
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Shundahai Network Welcomes Kalynda Tilges as Executive Director. She will work to strengthen and expand grassroots efforts to oppose Yucca Mountain while supporting Nuclear Weapons Abolition and Indigenous Sovereignty. Shundahai Network Main Office,1350
E. Flamingo Box 255, Las Vegas, NV 89119 |
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