Would a Competent Court of Law Rule in Favor of Valid Civil Rights Violations or Arrogance?

 I ask the Rosebud Sioux Tribal Court Judicial Officers including the Rosebud Sioux Tribe Attorney General, would a competent Court rule in favor of valid Civil Rights Violations or your blatant arrogance? I have asked the Rosebud Sioux Tribal Chief Judge, Rosebud Sioux Tribal Attorney General, and the Rosebud Sioux Tribe Chief Prosecutor to provide the public and me with the Court procedures they are operating with to present day?  I have not received anything yet since I have asked.  I firmly believe we will never receive these court procedures mandated by the Rosebud Sioux Tribal Constitution because they don't exist.

I asked how can you associate a bond with the word FINE, associated with a conviction?  I did not receive an answer.  I asked the Court and the Tribal Attorney General to produce the bond procedures.  I still have not received the bond procedures or a response.  If the Court, Tribal Attorney General, and Chief Prosecutor reads the Rosebud Sioux Tribe Constitution and By-Law, Article X, Bill of Rights it states, we as the membership are entitled by the law to public and personal information maintained by the Tribe.  So why can't you produce the requested documents I'm requesting.  

I asked where are the Tribal Court procedures for a Probable Cause hearing?  If you set aside you arrogance you should be able to produce the documents.  In case law from the United Supreme Court ruling, a probable cause hearing is to be held within 48 hours of an arrest.  Please don't confuse this with an initial appearance hearing as this hearing.  An initial hearing is only for advice of your Constitutional rights and the court asks for a plea.  It's ironic the court has a hearing on the record reading all your Constitutional Rights.  After the hearing our Constitutional Rights go out the door and the arrogance sets in and the they start violating our Civil Rights.

In a probable cause hearing, it is up to the Tribal Prosecutor to prove to the court they have enough probable cause to detain you on an unconstitutional bond.  Tribal Court has bond hearings or bond reduction hearing.  This is where the Tribal Prosecutor goes on record to attempt to justify an unconstitutional bond.  Has anyone ever seen the procedures for the bond hearings? 

A probable cause hearing is where the Tribal Prosecutor presents its evidence to the court in hopes the court rules probable cause exists for the alleged criminal offense.  If the Rosebud Sioux Tribal Court actually held a lawful probable cause hearing, I find it hard to believe they have probable cause.  By no means am I a law trained lawyer nor do I think I am.  I can tell you I have vast experience in various court jurisdictions how to establish probable cause, collect evidence, and court procedures.  All you need is common sense and read.  I'll provide to you with an example how things operate with the Rosebud Sioux Tribe Judicial Branch.

Example; an assault occurred with a person hitting another person, knocking them to the ground, and kicking them what shod feet.  Well, because the Rosebud IHS will fly you out for a bloody nose, the person  was unable to give a full detailed interview, possible intoxicated or under the influence of something, and told law enforcement Bob Bone Hawk assaulted me.  Bob Bone Hawk hit me in the face and kicked me in the head.  This is a 30 second conversation and Bob Bone Hawk is flown to Sioux Falls.

Based on this, law enforcement will arrest a ham sandwich and find Bob Bone Hawk and arrest him.  Since the person was flown out, law enforcement will request a $5,000 or higher bond without having all the facts.  We have 5 witnesses who were present at the the time of the assault and none of the 5 witnesses names were provided to law enforcement at the time of Bob Bone Hawk's arrest.  Well, Bob Bone Hawk is charged with Aggravated Assault and a Tribal Special Agent is notified.  Without all the evidence and facts the Tribal Special Agent immediately does a Notice of Allegation to the FBI and US Attorney's Office.

Well a month passes, Bob Bone Hawk is still in Tribal jail on a $5,000 or higher unconstitutional bond.  Bob Bone Hawk refused to be interviewed by law enforcement and invoked his rights.  Well this makes law enforcement have to work.  Well, two months have passed and based on the shod feet the Tribal Chief Prosecutor is BANKING on the US Attorney's office Federal Indicting Bob Bone Hawk so he she don't have to do her job.

Tribal law enforcement Special Agents tend to embarrass themselves because, by sending a premature notice of allegation to the Feds they will get a letter with a long laundry list what they have to still do.  This letter basically states do your job before you expect us to prosecute this case.  I use the word premature because a notice of Allegation under the P.L. 93-638 law enforcement contract states, a notice of allegation will be sent for a POTENTIAL FEDERAL CRIMINAL LAW VIOLATION.  Potential violation means you will do you job and fully investigate the case to determine if in fact a potential Federal crime occurred before sending a notice of allegation.  Bob Bone Hawk is informed the assault charges against him was forwarded to the Federal US Attorney's office and he could be Federal Indicted.

Law enforcement's job is to gather all the facts and GET BOTH SIDES OF THE STORY.  Well if you never asked questions of who the 5 witnesses were, was the 5 witnesses ever interviewed before Bob Bone Hawk was arrested?  Well, four months pass and one witness comes forward and tells law enforcement they saw the whole assault.  The witness tell law Enforcement, the alleged victim was intoxicated, had a baseball bat and threatened and attempted to assault Bob Bone Hawk with the baseball bat.  Well the alleged victim did not cooperate with law enforcement because they know they could possibly be charged.

Fact is, the witnesses were inside the house when Law Enforcement arrived after the assault, the witness states, law enforcement arrived, the ambulance arrived, and they left.  No one ever knocked on the door, never went door to door asking if anyone witnessed the assault, asked if any surrounding residences had cameras and captured the assault.  The magic question now is, what does law enforcement and the Chief Tribal Prosecutor do with the new witness statement.  They do nothing with it, they have to conspire to cover their butts for a potential Civil Rights Violation for Excessive Bail, Cruel and Unusual Punishment, and Malicious Prosecution.  

So Bob Bone Hawk falls victim to this common old practice and he is mentally defeated for being in jail for 5 and a half months.  The Tribal Chief Prosecutor offers Bob Bone Hawk a plea deal to plead guilty to the assault charge and he will get credit for time served.  Well, Bob Bone Hawk wants out of jail, the witness statement was not shared, which is unethical, and he now has a criminal record released from jail.  What Bob Bone Hawk doesn't realize that admitting to the crime he saves law enforcement and he Tribal Chief Prosecutor's butts.

FACT, at the initial response, law enforcement should have went door to door trying to locate a witness, they would have gathered much needed facts to attempt to establish probable cause.  The asked an intoxicated person who assaulted them.  Was this person in his right mind mentally and physically to be asked these law enforcement questions with a possible head injury?  Is a statement from an intoxicated person actually admissible in court?  Sometimes and sometimes they are not, depending on the circumstances.  

Again, I do not advocate for anyone who actually committed a crime and the evidence is overwhelming that supports the crime.  I advocate against the system because the Tribal Judicial system we are currently operating under is BROKE and they are seriously violating Civil Rights and they know it.  They have been getting away with it for so long its become a common proactive even with the criminal court judge.  The Judicial Branch has never been called out by using their own laws they are sworn to protect against them.  Now they have been called out, they do not like it and they are in defense mode.

I recall in 2007 the Tribal Chief Judge dismissed over 600 Tribal cases.  These cases were dismissed because Rosebud Sioux Tribal Ordinance 91-05 was not procedurally followed.  This ordinance pertains to Tribal Law Enforcement Commission Cards.  Majority of Rosebud Law Enforcement Tribal Commission applications were not properly filled out or the the approval process through the RST Judiciary Committee was not followed.  based on this procedural error it led to over 600 Tribal criminal cases being dismissed by the Tribal Chief Judge.  Can the pubic see how deep hypocrisy runs within the Rosebud Sioux Tribal Judicial Branch?

Everyone has equal opportunity and application of the law PERIOD.  History has proven time and time again, arrogance only goes so far and the law prevails in the end.  The wheels of justice are slow, but they sure turn.  Eventually my complaint after complain will get the attention of the Department of Justice Civil Rights Division.  Maybe one day some of these law enforcement officers, Tribal Attorney General, Tribal Chief Prosecutor and a couple Tribal Judges will have criminal charges against them, responsible paying damages for class action lawsuits, or responsible for countless Federal Tort Claims that will get the Federal Government's attention.

Why are you ignoring this excessive bail issue, why won't you honor my requests for your procedurally approved court procedures, the procedurally approved bond procedures, and to host the public recorded public forum?  What are you afraid of?  Are you afraid you are possible guilty of violating CIVIL RIGHTS?  Ask everyday for a probable cause hearings and see what happens.  Ask why you was never afforded a probable cause hearing mandated by the US Supreme Court.  Imagine what would happen if everyone requested a trial.  The only way to correct a broke and unethical system is to use the tools they system gives you to correct it.  Remember it's no one fault but that Rosebud Sioux Tribal Attorney General and the Tribal Chief Prosecutor's.  

Being short staffed isn't an exception to the law or a free pass to violate Civil Rights.  You still have an ethical duty to protect the Tribal Membership's Civil Rights and you have failed miserable.  You have failed so miserable you two should be the ones being Federally indicted for Civil Rights Violations.  You see the Federal US Attorney's office does not care one bit about us.  It's all a game with them, it's all about us Tribal Members being a stat to justify the annual funding they receive. They have to justify them salaries so thats why you see a lot of petty crimes getting indicted because of the Tribal Attorney General and Tribal Chief Prosecutor's incompetence.  

In my opinion, the only crimes that should be Federally prosecuted here is Murder and any type of Sex Crimes.  We have a detention facility that is totally capable of housing all other convictions with the language in the Tribal Law and Order Act.  I'm going to still send letters to the Department of Interior Bureau of Indian Affairs firmly stating, they have ownership in this and there failure if Trust Responsibility to the Membership, they are just as guilty and at fault for allowing Tribal Members Civil Rights being violated.

The Indian Civil Rights Act didn't just fall out of the sky or magically appear.  It came about because historically our Civil Rights have been violated by the Federal Government.  Ironically the Bureau of Indian Affairs conditioned law trained personnel to continue to violate out Civil Rights to present day.  They have turned a blind eye long enough, they also need to be held accountable.  Trust Responsibility isn't a punchline, it's a legal responsibility.

We forget about the 1868 Fort Laramie Treaty Article 1.  This in general is what is referred to the BAD MAN CLAUSE.  Read your treaty, it's the foundation of how Native American Law came about.  Maybe Tribal Traditional Law needs to be enforced.  Let's see what our conditioned Tribal Government would do with a Bad Man Clause complaint against the Tribal Attorney General and the Tribal Chief Prosecutor.  I will take a bet they have never read any of the Treaties unless it is relevant to save that big salary for the Tribal Council.

I'm making another lawful request, please provide me with a copy of the procedurally approved Tribal Court procedures, a copy of the procedurally approved bond procedures, and legal justification how you can use the the word FINE, associated with a conviction to justify your current bonds, and how the Indian Civil Rights Act does not apply.  You can send them certified mail to PO Box 1033 Mission, SD 57555 or you can call me at (605)-828-8841 to pick them up from the Tribal Courthouse.  You have 10 days to provide me this information or I will file in Tribal Court under the Freedom of Information Act.  If these content of my request does not exist, please provide me with a professional letter on letterhead stating the contents of my request does not exist.

Respectfully,

Hawkeye Waln