Is the Discovery Law being Denied by the Rosebud Sioux Tribe Chief Prosecutor?

 Is the Title Seven, Criminal Complaint Procedures, XI. Discovery of the Rosebud Sioux Tribe Law and Order Code being denied by the Rosebud Sioux Tribal Chief Prosecutor?  With the various calls I've received and asking investigative questions, it appears the Rosebud Sioux Tribal Chief Prosecutor is behaving unethically.  The unethical behavior is in violation of a Tribal Members legal due process and Civil Rights.  When I refer to violations of the Tribal Members legal due process and violation of Civil Rights is according to the Indian Civil Rights Act and the Rosebud Sioux Tribe Constitution and By-Laws.

In the Rosebud Sioux Tribe Law and Order Code Title Seven, Chapter XI, Discovery reads; 

A. Prosecution evidence discoverable by Defendant.

Upon written request of a defendant the prosecuting attorney shall permit the defendant to inspect and copy or photograph:

1. Any relevant written or recorded statements made by the defendant or copies thereof, within the possession, custody or control of the Tribal Prosecutor, the existence of which is known, or by the exercise of due diligence may become known, to the Tribal Prosecutor;

2. The substance of any oral statement, which the Tribal Prosecutor intends to offer in evidence at the trial, made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be an employee of a law enforcement agency; and 

B. Defense Evidence Discoverable by Prosecution.

Upon written request the prosecuting attorney, the defendant or defendant's attorney shall disclose to the prosecutor all witnesses who may be called to testify at trial, including alibi witnesses.

C. Restriction of rights of discovery or inspection.

Upon a sufficient showing the Court may at any time order that the discovery ir inspection be denied, restricted, or deferred, or make such other order as is appropriate.  Upon motion by a party, the Court may permit the party to make suck showing, in whole or in part, in the form of a written statement to be inspected by the Judge alone.  If the Court enters an order granting relief following such ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.

D. Remedies on failure of party to comply wit discovery requirements.

If, at any time during the course of a proceedings, it is brought to the attention of the Court that a party has failed to comply with an applicable discovery provision, the court may order such party to permit the discovery inspection, grant a continuance, or prevent the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances.  The Court may specify the time, place and manner of making the discovery and inspection and may prescribe such terms and conditions as new just.

The following Rosebud Sioux Tribe Constitution and By-Laws Article X, Bill of Rights, Section 1, applies  to Tribal Members in relation to Discovery; Bill of Rights - The government of the Tribe including the community shall not:

(e) Take any private property or possessor interest in private property for public use, without due process and just compensation; deny any person within its jurisdiction the equal protection, application, or opportunity of the laws;

(f) Deny any person in a criminal or civl proceeding the right to a speedy trial which shall be initiated no more than six months from the filing of criminal charges, or a civil complaint and which shall be decided by the courts within one year, and in a criminal proceeding to be informed of the nature and cause of the accusations to be presumed innocent until proven guilty, to be confronted wit the witnesses against him or her, to have compulsory process for obtaining witnesses in his or her favor, to have the assistance of counsel for his or her defense including the rights to have counsel provided subject to income guidelines; nor deprive any person of liberty or property without due process of law;

(j) Deny any person the access to his or her own personal information maintained by the Tribe, or to public information, which shall include but not limited to financial records maintained by the Tribe.

In my investigation through direct conversations, Tribal Member prosecution experiences, interviewing defense attorney's other than the Tribal Public Defender's, and personal experience, I have concluded the following facts that violate Tribal Members legal due process and violation of Tribal Members Civil Rights.

1. Defendants are writing discovery requests to the Rosebud Sioux Tribe Adult Corrections Facility.  The request for discovery are being denied by the Rosebud Sioux Tribe Chief Prosecutor or the Rosebud Sioux Tribe Criminal Clerk of Courts.  Tribal Members are being told the the Tribal Members attorney has to request discovery and the attorney will get the discoverable documents.

This in total conflict with the legal language in the Rosebud Sioux Tribe Discovery law.  I listed the Discovery law in detail word for word above.  Nowhere in the legal language under the Discovery law does it state the Tribal Chief Prosecutor can only turn over all discoverable documents to just the Tribal Members attorney.  The Discovery law states again, the prosecution SHALL provide any and all discoverable evident to the defendant OR defendant's attorney.

2. If a Discovery request is made, Tribal Members are just getting the police report and maybe some interviews.  The Tribal Chief Prosecutor is withholding discoverable evidence from Tribal Members.  The discoverable evidence is missing witness lists, missing police body camera footage, photographs, and lab results and any other evidence that is part of the case.

The Tribal Chief Prosecutor has some serious questions to answer for withholding evidence under the Discovery law.  It has been a common practice to just railroad Tribal Members through the broken judicial system and only provide the criminal complaint and a questionable police report that possible lacks probable cause and some possible law enforcement procedural violations that violate Civil Rights.  The law is detailed and specific and when the Tribal Chief Prosecutor violates the law, legal due process, and Civil Rights, we have a serious issue afoot.  The Tribal Chief Prosecutor is not above the law although she thinks she is and believes no one will call her out on her unethical practices against Tribal Members.

Remember, we all have rights the United States Constitution, the Civil Rights Act, the Indian Civil Rights Act, and the Rosebud Sioux Tribe Constitution and By-Laws a blanket of Civil Rights protection.  Somehow the Tribal Chief Prosecutor and the Tribal Attorney General ignore all them Civil Rights we have and operate under these unethical legal practices.  When the Tribal Chief Prosecutor and Tribal Attorney General practice unethical legal practices, practices not the law, where is the accountability for them.  It is n the of complaints to the South Dakota, Nebraska, and Sicangu Bar Association.  A complaint to the Department of Justice Civil Rights Division and for formality and procedural purposes a complain to the FBI.  Under Pubic Law 93-638, the Federal Contracts state, only the FBI can investigation alleged Civil Rights violations.

A Tribal Members with a valid lawful discovery request according to the law, the information has to be provided to the Tribal Member OR Tribal Members attorney.  It is the legal ethical duty for the Tribal Chief Prosecutor to follow the laws as she expects us to do and also prosecutes us for violating the a law(s).  You have follow the discovery law in its entirely Tribal Chief Prosecutor.  You know you are not following the Discovery law and recently you are realizing your unethical legal practices against Tribal Members are violating Civil Rights.  

I will draft a Civil Rights complaint outside of my personal complaint to the Department of Justice Civil Rights Division.  For 30 days, I will circulate a signature sheet for Tribal Members to sign to be attached to the Civil Rights complaint.  This complaint will be mailed express certified mail to the Department of Justice, FBI, and BIA.  You may ask why isn't this complaint going to the Tribal Elected Members.  They don't deserve this complaint, I have wrote letters of request to meet with the RST Judiciary committee for just two hours and received no response.  You have to understand the big picture of Civil Rights violations and read the law in order for Tribal Elected Officials to understand.

For the Tribal Elected Officials, just reading a serious complaint and actually understanding the complaint is like night and day.  I know how the same old song and dance goes with Tribal Elected Officials, they tell you what you want to hear, I''ll look into it, I'll refer it to the Tribal Attorney General they think walks on water.  I gave them an opportunity to get the documents they need to address the issue at the Tribal level but again, the old song and dance of let's ignore the issue and hope it goes away practice is running wide open.  

Allowing the Tribal Attorney General and Tribal Chief Prosecutor to resign or retire is an injustice.  They should be terminated and the forthcoming complaint should haunt them forever for the injustices and Civil Rights Violations they committed against Tribal Members.  Follow the laws your are untrusted to enforce and honor the Discovery law.  If Law Enforcement hasn't completed a full investigation and you don't have the proper evidence, you are legally ethically bound to report that to the Tribal Member OR Tribal Members attorney.  Not continue to enforce your unethical legal practices and hope for a plea.  What would you do if you have 20 bench trials and 70 jury trials?  Fact is, that what is going to happen for your unethical legal practices that violate Tribal Members Civil Rights.

So for the Tribal Attorney General and Tribal Chief Prosecutor, you only have two options, the first is to start following the law and stop violating Tribal Members Civil Rights, and the second is do us all a favor and take what you believe is the easy way out and resign.  The fact is this isn't going to go away, its exposed, complaints are filed, and things just got real.  STOP VIOLATING OUR CIVIL RIGHTS, WE ARE NOT STUPID NATIVES LIKE YOU THINK WE ARE.  We are proving we are competent, smart, and comprehend the law.  We're going to demand accountability at all levels and were not going away until the BROKEN TRIBAL JUDICIAL SYSTEM IS FIXED.

P.S. I still haven't received any lawfully approved Tribal Court procedures or lawfully approved bond procedures from you after numerous requests.  So I'm just reminding you I'm still requesting these procedures you operate on.

Respectfully,

Hawkeye Waln