Daniel B. Wood
Christian Science Monitor
Dear Mr. Wood,
I am writing to bring an important and certainly news-worth trial to your attention,
if you are not already aware of it. It will take place at the Hopi Tribal Court,
Keams Canyon, Arizona, Wednesday, December 19th at 9:00 AM. Five Navajo women,
ages 40-85, three of them grandmothers, are charged with trespass and taking
part in an "unauthorized" religious ceremony, on land where they have
resided for their entire lives.
The arrests and trial open a new chapter in the Navajo-Hopi land dispute, which
you treated very perceptively in your article in the Monitor (Caught in a tangled
web of US-Indian history, Jan. 27, 1999). The Hopi Tribal Council (HTC), in
their first year of full authority over Hopi Partitioned Lands (HPL), apparently
has settled on trespass charges to evict the remaining Navajo relocation resisters.
Although the federal government appears to have disentangled itself from this
"final act" of the "land
dispute", it may be distinguished in the shadows, just off stage. E.g.
Interior Secretary Norton met secretly with Hopi Chairman Taylor on or about
August 9th,between the arrests of the five women (July 11th), and the subsequent
destruction by the HTC of the Camp Anna Mae Sun Dance grounds (August 17th).
Improbable as arresting and imprisoning octogenarian grandmothers on questionable
trespass charges may seem to outsiders, the HTC unwaveringly affirms its legal
and moral right to prosecute what they consider violations of Hopi law and sovereignty*.
A traditional Hopi who I asked about the arrests and humiliation of the grandmothers
said that it was definitely
"not-Hopi" (kahopi; behavior beneath a true Hopi), but added that
it was what the Progressives have been doing to Traditionals all along, and
thus not unexpected.
In the first pre-trial, September 18 before judge Fred Leslie, defense attorney
Joe Washington acknowledged the jurisdiction of the Hopi court over the Navajo
women**, but argued that the HTC is twisting their Trespass statute, which is
intended to protect, for example, a Hopi farmer's corn field from abuse by any
Indian (Hopi or Navajo), into a vehicle for
punishing Navajos for being Navajos on the HPL. The HTC is saying, "Its
OKto be on our land if you're Hopi, but it's a trespass if you are a Navajo."
The alleged trespass was committed to perform an "unauthorized" religious
ceremony (the Sun Dance). Joe Washington pointed out that both US and Hopi Constitutions
guarantee religious freedom, and claimed the HTC is saying, "Well, that's
just for Hopis, not Navajos." The case obviously raises several constitutional
questions, which, if the Hopi jury convicts the
women, will take it into the federal courts.
On the other side, Hopi prosecutor, Norma Navyaktewa, stated that the case is
cut and dried; the Navajo women trespassed against the Hopi Tribe. Religion
is not an issue. The Navajos can practice whatever religion they like, so long
as they don't do it on Hopi land. There are no Constitutional questions.
At the second pretrial, October 30th, Judge Leslie denied defense motions to
dismiss and set a jury trial for December 19th. On that date six Hopis will
decide if Joella Ashki, Louise Benally, Elvira Horseherder, Pauline Whitesinger,
and Ruth Benally trespassed against the HTC.
We tend to think of this as strictly a Navajo-Hopi dispute, but, in fact, it
is equally a Progressive-Traditional disagreement. There are Traditional Hopis
that do not view Navajos with self-righteousness, fear, and loathing. Many of
these Hopis feel a strong common purpose with like-minded Navajos. Most Hopis
have Navajo relatives and close friends. It will be extremely
interesting to see if these more positive sentiments make their way into the
jury box.
I hope you will see a story in this trial, and will cover it. If I can be of
any help don't hesitate to contact me. If you have questions about legal aspects
you can call Joe Washington at 928 526 4781.
Yours truly,
Craig Squires
25662 County Road 89
Winters, CA 95694
530 795 0546
Wireless: 530 304 7672
* Hopi Land Team Chairman, Cedric Kuwaninvaya speaking of the HTC destruction
of the Sun Dance grounds following the arrests, said: "This is just one
of the steps that the Hopi Tribe will be taking to enforce its jurisdiction
over the Hopi Reservation. We will keep a close eye on the former site of Camp
Anna Mae to ensure that the trespassers do not try and establish another camp
at which they hold unwanted gatherings and celebrate their lawlessness."
** The jurisdiction of tribal courts over non-tribal Indians has been a troublesome
issue for some time. It has been back and forth between the courts and Congress;
In Duro v. Reina, 495 U.S. 676 (1990), the Supreme Court found that a tribe's
inherent sovereign powers extend only to members of the tribe. In response,
Congress amended the Indian Civil Rights Act
asserting that a tribe's jurisdiction extends over all Indians. This was recently
upheld by the 9th Circuit Court in US v. Enas, 255 F.3d 662 (2001).