Having barely escaped with their lives, Dirk and Dakota came to us to tell their story and to try find some justice for them. A week or 10 days later, the Garniers were amazed to discover that Hot Springs States Attorney, Lance Russell, had charged them with Attempted Murder, because Matthew Pepin, 18, white, had been struck in the head with a baseball bat which one of his gang members was wielding. They are asking us, how can this be?
We would ask that you, as Governor, to proceed with caution. If you cannot have this crime properly investigated, and the proper people, i.e., the white gang, charged with the proper crime, then we must ask for a Senate investigation into the whole criminal justice system.
In addition to making a very rascist decision to have the victims of a racially motivated hate crime extradited, you are violating the Treaty of 1868 which gives the Tribe sole authority over its members. You are also violating the Constitution of the United States of America, in denying Dirk and Dakota due process. You are also in violatation of the State of South Dakota code and the Oglala Sioux Tribe code of laws. In other words, you are on some very thin legal ice, and we, Lakota Wawokiya Civil Rights Org, stand ready to help the Garniers sue you for Malicious Prosecution, Violation of Oath of Office, False Arrest, Hate Crime Aiding and Abetting, and those are just for starters.
In the interest of justice and human rights, we demand that the Pepin and Dillon white gang be extradited to the Pine Ridge Indian Reservation to answer to the Treaty Council for the vicious beating inflicted upon Dirk and Dakota Garnier.
Should you care to discuss some form of justice and proper procedure, please contact Mr. Barry Bachrach, Esquire, (508-926-3403), to discuss the finer legal points and constitutional issues involved here, and he will mediate the appropriate exchange of persons.
I remain most sincerely yours,
Janis Schmidt
Lakota Wawokiya Civil Rights Org.
Enc: Dirk and Dakota's story
CC: Barry Bachrach, Esquire
Senators: Tim Johnson
Hilary Clinton
Edward Kennedy
Larry Long, Office of the Attorney General
500 East Capitol Ave.
Pierre, SD 57501-5070
Kerry Kennedy Cuomo
1344 Kerby Lane
McLean, Virginia, 22101
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