Crooked Work By A Crooked Judge

All of her ugly, and mostly untrue words bounce off me, as I am invited to traditional meetings by Full Bloods held to discuss the state of lawlessness on the Pine Ridge Reservation and what can be done about it considering that the judges and the courts are causing most of it, or at least, that is their opinion. CROOKED WORK BY A CROOKED JUDGE I don’t think anyone counted on me having this kind of courage. Why didn’t I just pick up a few things and go running out? Why am I still fighting on? What is being done to me is so malicious that it defies belief. Yet it is so. It happened. I need to report the theft of my personal property and belongings. My name is Janis Schmidt. I live on the Pine Ridge Reservation, for 13 years. I am employed by Oglala Lakota College, for 10 years. I live a self-sufficient life, raising my own food, cutting my own wood, building my own house. Judge Lisa Cook issued a decision in a court order whereby she gives my property and possessions to Louise Big Boy. Her reasoning is that Louise is a member, and I am not, so therefore, I have no rights. Judge Cook issued an order that states, “This matters underlying this order came on for full hearing on May 7, 2004 at the Kyle Courthouse before the Honorable Lisa F. Cook, Associate Judge, resulting in an Order of Eviction and Notice to Quit Immediately which has been duly and properly personally served upon Respondent: [The only notice I received was delivered May 30th stating that the hearing scheduled for May 7th would be continued May 14th since Judge Cook would not be there. I have the documentation in my possession] and the Court further this date received documentation from Oglala Sioux Tribe by and through its prosecutor, Ann Apple, regarding Respondent’s refusal to vacate [because the question of land ownership had not yet been settled by BIA Supt. Larry Bodin, Barry Bachrach, witness] and her subsequent threat to public safety of tribal members and their property; {This is an out and out lie, totally unsubstantiated. Never at any time did I threaten anyone for any reason. I do believe that my safety has been threatened and my property is unprotected from Louise Big Boy and Robert Montileaux, who are stealing my belongings, with the legalized protection, aiding and abetting, from the Honorable Judge Lisa Cook, in a plot to legitimize the theft of my property and belongings, and banish me from the Reservation so I will not be able to testify against them.} and the Court having reviewed the file, and being otherwise fully advised in the premises, does now hereby ORDER, ADJUDGE AND DECREE that the Oglala Sioux Tribe Department of Public Safety {OSTDPS} must forthwith and without delay forcible eject the above-named Respondent, [Janis Schmidt] [Now the police are given the task to carry out an illegal, egregious eviction. They repeatedly told me they were under orders and had to obey. Except for Officer Muffie Mouseaux who was aggressive and rude to me, I cannot find fault with any of the fine Officers who were coerced into committing a crime in the name of justice. The Officers treated me with dignity, courtesy, and respect in carrying out this most unsavory court order. They told me they had no choice, and I sympathized with them, and prayed for the strength to endure, and courage to see it through, that in the end, I pray justice will prevail, even though the truth is much more slow moving than the theives and criminals at work here. At no time did these fine Officers “forcibly eject” me, even though they were under orders to do so.] who has since October 2003 been declared to be in trespass by the Superintendent of the Pine Ridge Agency, Larry Bodin, [the letter in question was written by Frieda Marshall, BIA Officer, who then rubber stamped Larry Bodin’s name on it. Full of CFR violations, glaring errors and omissions, I responded to that letter well within the time frame, and to date, have never received a reply. The only reply I received was to be hauled off to jail. Does Larry Bodin want to take credit for this poorly worded letter that totally disregards CFR guidelines? He may do so in Federal Court then. A copy of this letter and my responses to it may be found on my website www.lakotaperspectives.com Look under BIO.] and who is currently in defiance of the Order of Eviction and Notice to Quit Immediately by refusing to leave the premises, as the Oglala Sioux Tribe Law and Order Code, Section 112, Removal of Trespassers, and this Order for Immediate Removal of Trespasser authorizes such action, [This is from 25 CFR Ch. 1 {4-1-01 Edition) *166.804 What can I do if I receive a trespass notice? If you receive a trespass notice, you will within the time frame specified in the notice: (a) Comply with the ordered corrective actions; or (b) Contact us in writing to explain why the trespass notice is in error. You may contact us by telephone but any explanation of trespass you wish to provide must be in writing. If we determine that we issued the trespass notice in error, we will withdraw the notice. I duly notified Supt. Larry Bodin in writing that I disagree with trespass, since I haven’t been shown any proof that Louise owns any of the 160 acres. Lately, Barry Bachrach attempted to mediate the situation and has had many conversations with Mr. Bodin who informed Barry that the BIA would reinvestigate the land status and send me a letter of their findings. If it was determined that I was located on Louise’s land—Louise must provide proof of ownership as to how she obtained land of which she is NOT an heir—then I would move my house and property to the 2 acres of church land, if it is determined I was not located on the Church land, which I still believe I am, according to the oldest living eye witnesses. Barry Bachrach is witness to these negotiations.] ORDERED that OSTDPS may turn over the Respondent to the custody of the United States Marshal or Sheriff or other officer of the State of South Dakota or Nebraska for prosecution under Federal or State Law. Dated this 1st day of June, 2004. Signed, Lisa F. Cook, associate judge Lisa Cook, Louise Big Boy, Robert Montileaux, Larry Bodin, Frieda Marshall have all committed a felonious criminal act when I was removed from my home, incarcerated, all without due process, my property given to Louise through legalized theft, my belongings unprotected have been stolen or are in the use of Louise Big Boy and Robert Montileaux. Now I hear that Louise is telling people in Kyle to come down and help themselves to my things. I have repeatedly requested that I should be allowed to retrieve my property. Repeatly I have been denied or delayed. Finally Sheriff Dagget insisted that I be allowed in to get at least some basic living essentials and my medications. A simple reguest. Why the delay? Instead Judge Cook insisted he come all the way to Kyle to meet with her. She told him I had 30 days to remove my belongings. However, that is not mentioned in her 7 page court order. There is no provision for it whatsoever. She told him that I must first meet with her before I can remove my things. Considering that the Honorable Judge Lisa Cook banished me from the Reservation for (who knows?) questioning authority, why am I to trust anything she says or does? The only question remaining is, can a non-member banish another non-member from the Reservation? Finally I was allowed a brief trip to my house on 6-9-04, eight days later. I had to be accompanied by the Sheriff, who told me Lisa Cook told him that Louise must be notified so she could be present. So the Sheriff radioed the Kyle police to come out with Louise. Louise had told the Sheriff that everything in my cabin belonged to her, that she had moved all my things out. When we arrived, we stopped at Shirley Red Star’s house so that I could get my Bronco. I noticed all my cooking tables and utensils in disarray. I went to start my vehicle and discovered it was almost out of gas. Someone had been driving my car. Also a letter from Porcupine College Center was missing. In it was my contract for next semester and a mileage check. When I arrived at my house and drove in, I had such a sense of violation that it is hard to describe it to you. Here I am, the victim of a crime, planned by a government body and executed by the justice system, and I was put under close watch while I retrieved a few of my immediate personal belongings, with the Sheriff present to make sure I did not damage my house or property. This is a scene straight out of Kaufka. It was raining a soft misty rain. The pit I used for wood ashes was now strewn with beer cans and beer cases. I noticed my wooden bench sitting out by the pick up. When I got out I went immediately to it, and looked inside the bench seat. The books and magazines were there, but the ledger with all my building material receipts were gone. Twice I had received help from FEMA who told me I was to keep receipts. It is also my proof that I built that house. I looked for my chainsaw, a Stihl 029, gone. I noticed that the only thing that Louise packed for me were my books, magazines, and papers. They seem to be missing. Why would she take my books? Unless she thought I put documents in the books. All my hand tools are missing, hammer, skill saws, pliers, wrenches, square, wrecking bar, and so much more, gone. I notice that my extension cords were being used and the electricity was on. The only ones there were two little girls in a trailer. Louise never showed up. The girl must have unlocked my door so I could check the refrigerator. The pigs had helped themselves to my food. Twice a year, I can afford to buy some good food. I had bought 4 rib steaks. That along with a lot of the food was missing, gone. I had just bought $150 worth of meat and vegetables. Gone, except for a bag of carrots. Barry Bachrach suggested that I report this and have the authorities take appropriate action on it. I think that is what one would do in a civilized society, with functioning laws. And his advice is sound. But who am I going to report this to? And which authorities are going to do anything? So here I am making my report and filing my complaints. I stand to lose everything, my house, all my tools and machinery. The only answer I have received from authorities is that the Tribe is soverign. And that I have no rights. As it turns out, not even the right to complain that my retirement, my home, has just been given to someone, without a shread of proof she owns the land, because she is a member and I am not. Am I a character in the theater for the Absurd, unknown? None the less, I am making my report that I am being robbed of everything I own, and no one can seem to do anything about it. Janis Schmidt