Judge faces removal for harassment
Larry Di Giovanni
Staff Writer
WINDOW ROCK — Chinle District Court Judge Wesley Atakai's
continued position as a Navajo judge is in serious doubt following
a tribal committee's finding that he is responsible for sexual
harassment-related malfeasance in office.
Atakai faces a Sept. 5 removal hearing in Window Rock.
The Independent, which first reported on allegations made against
Atakai in January, spoke with sources who said he had sexually
harassed a female district court judge in addition to four other
complainants. They were court employees under Atakai, who previously
worked the judicial bench in Tuba City District Court before a
transfer to Chinle.
Earlier this month, the Judiciary Committee determined there is
reasonable cause to believe that Atakai is guilty of malfeasance
in office that may warrant his removal as a judge, said a statement
released Monday by Carolyn Calvin, press officer to Navajo Nation
Council Speaker Edward T. Begay.
Atakai was unavailable for comment Monday. He previously told
the Independent there's "no truth" to the allegations.
The Judiciary Committee has recommended that Atakai be placed
on administrative leave pending his hearing. It was undetermined
as of press time whether he has been placed on leave, a decision
that is in the hands of Chief Justice Robert Yazzie of the Navajo
Nation Supreme Court.
The committee's findings follow action taken by the tribe's Judicial
Conduct Commission, which concluded on March 21 that Atakai violated
the Code of Judicial Conduct by "engaging in speech and conduct
that constituted sexual harassment." The five-member commission,
chaired by retired Holbrook Judge Jay Abbey, conducted hearings
on the matter in closed session, and details regarding the complaints
against Atakai are not a matter of public record.
However, several sources close to the tribal court system, who
spoke on condition of anonymity, said two of the complainants
resigned because of the stress of having to work under Atakai,
whom they had accused, and because their complaints had dragged
on for a long period.
"It got to the point where it caused a lot of trauma for
the people involved," a source said.
Sources said the female judge had been involved in a situation
she considered to be harassment by Atakai in early 1999, but because
she was new to her position and the tribe's lack of set procedures
when a judge is accused of sexual harassment, she waited until
late 1999 to file her complaint. It coincided with the period
in which the other four complainants filed their charges.
Three investigators initially were involved in the case, a source
said. They concluded their investigation some time around early
2000, finding that allegations against Atakai were substantiated.
However, the commission refused to accept the results as a composite
report to be filed against him. Sources said this left the five
female complainants in a position where they had to hire their
own lawyers to meet a much greater burden of proof. One source
said the complainants in effect "went on trial"
themselves.
A source said one of the complainants alleged that Atakai mentioned
his "sexual dreams" to her. Another source, who worked
in Chinle, said Atakai would "come up behind us, touch us
on the back of the neck, massage our shoulders, (and) run his
hands up and down our backs." The female judge told a source
that Atakai made unwanted advances on her in her office.
Atakai was transferred from Tuba City to Chinle at least in part
over allegations that he had walked through Tuba court offices
with his pants unzipped.
A problem that has faced the complainants is that while the Navajo
Nation has judicial conduct rules that apply to judges, its personnel
rules do not apply to judges, sources said. Complainants have
the option of suing Atakai under the federal Tort Claims Act.
The Sept. 5 removal hearing in Window Rock will be held at 10
a.m. in the North Conference Room of the tribal Council Chambers.
The hearing will be open to the public. Those wishing to testify
must provide written testimony to the Judiciary Committee no later
than 5 p.m. Aug. 14.
For more information, contact Judiciary Committee Legislative
Adviser Robert Salabye, (928) 871-7231; or Legislative Counsel
Tamsen Holm, (928) 871-7166.
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Runners race 260 miles for Navajo water
rights
Larry Di Giovanni
Staff Writer
WINDOW ROCK — Sometimes, good leg work can carry an issue to
the forefront.
That's what three runners on counting on. They jogged, walked and
car-pooled about 270 miles from Lee's Ferry along the Colorado River
to the Navajo Nation Council Chambers Monday morning.
Working with the Tuba City-based Diné Sovereignty Defense Association,
the three runners were part of a group of about a dozen "part-timers"
who participated in various stages of the journey. The trio's trek
started Thursday at Marble Canyon, just below Lee's Ferry, with the
overall purpose of spurring popular support for the people's water
rights or lack thereof.
The three heavy-duty runners, each of Tuba City, were Simone DuPuy,
35, Darryl Begay, 32, and Gary Carr, 32. The last legs of their journey
were Saturday, when they burned calories from the eastern Hopi Nation/Navajo
Nation border near Toyei to Ganado, and Sunday, which saw them hoof
it from Ganado to the St. Michaels Days Inn.
"It's just like getting out of a sweat lodge," DuPuy said.
"Once you're through running, you feel a lot better."
On Monday morning, following a traditional blessing from medicine
man Philmer Bluehouse near the Highway 12-264 intersection, the last
leg was an easy one from the parking lot area just north of Wells
Fargo Bank in Window Rock to the Council Chambers. Participants had
to drive to the bank lot because they didn't have a permit to jog
along Highway 264 from St. Michaels to Window Rock.
The event was organized by Diné Sovereignty Defense members
Max and Joetta Goldtooth. While the Goldtooths and such participants
as former Navajo President Milton Bluehouse Sr. say they understand
the importance of securing Navajo rights to the Colorado River, the
runners admit they are learning the issue.
"Actually, we're just runners," DuPuy said. "They asked
us to help them out."
DuPuy said he does see in day-to-day living his people's hardships
caused by the tribe's lack of Indian reserved water rights. It may
not affect city dwellers, such as those with running water in Tuba
City, but does greatly impact the lives of Diné living in remote
areas. So many of them are Navajo elders having to haul water to survive.
"You see people who were, like adults when we were kids and they
are still hauling water to this day," Carr said.
Max Goldtooth, a biomedical technician, said the caravan-style trip
cars following closely behind runners on the shoulder of the highway
was interrupted once it reached the Hopi Nation's western border just
west of Coal Mine Mesa. A Navajo official had apparently called Hopi
officials, Goldtooth said, threatening that if the Diné runners
were allowed to proceed through Hopi, it could affect a "sensitive
negotiation" involving the tribes.
"I couldn't believe it," Goldtooth said. "I asked (the
Hopi official) how this was in violation of the Navajo tribe's laws
or any tribe's laws."
Claire Heywood, Hopi Nation spokeswoman, said the runners' request
to dart through Hopi was a brief discussion item last week. The Hopi
view was that since Highway 264 is a state highway, the Hopis deferred
their jurisdiction in the matter.
"We were as happy to see this (event) take place as anybody else,"
Heywood said.
The Navajo runners, nevertheless, feeling political heat from their
own government, decided to drive through Hopi.
Milton Bluehouse Sr. said historical records show that the legal community,
along with national, state and local governments, have "not been
honest" with the Diné people about what their potential
water rights are, and worked diligently to see that Navajo council
representatives waived those rights.
The most egregious example came in 1968 and 1969, when the Navajo
Nation Council waived its Upper Colorado water rights at the urging
of its own attorneys, the Bureau of Indian Affairs and the U.S. Interior
Department, to satisfy off-reservation wishes to build the Navajo
Generating Station.
"The Navajo people need to know the truth in terms of how much
water is quantified for our own use," Bluehouse said, adding
that he would like to know what has been done in the last 16 years
to secure Colorado River water for the tribe.
As the runners and grassroots Diné Sovereignty Defense members
made the half-mile trek from Wells Fargo Bank to the Council Chambers,
cars honked and arms waved at the marchers.
The runners carried signs saying "Our Water, Our Future,"
and "Diné Cheated." Participants also waved water
bottles or sported red-and-black bumper stickers, mounted to their
shirts, ankles, or water bottles, which read "4 Lawyers Out,
Diné Freedom In." The lawyer reference is to those tribal
attorneys the grass-roots group believes control Navajo central government.
The runners and Diné Sovereignty Defense members had hoped
to ask Tuba City Delegate Raymond Maxx to introduce members and their
cause Monday morning, the first day of the tribal council's summer
session. Maxx, according to Navajo Speaker Edward T. Begay, was absent
because has suffered a medical emergency that may require heart surgery.
Group member Leonard Gilmore said a big step will be to ask the delegates
to acknowledge the Diné Sovereignty Defense Association and
its mission to pursue the people's water rights.
"You have to win their hearts first," said Gilmore, who,
nearing the Council Chambers, repeatedly shouted, "Every passing
day (without water rights) is a negative day for the nation."
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Acoma home owners to get a boost
Tara Drolma
Staff Writer
GRANTS — Acoma Pueblo and the non-profit Navajo Partnership for
Housing (NPH) have received funding from a mortgage insurance company
to help the communities create home-ownership opportunities for tribal
families.
NHP received $250,000 from the San Francisco-based PMI Mortgage Insurance
Co. (PMI) in October to establish a revolving loan fund to purchase
and rehabilitate homes to be resold to tribal members.
The Pueblo of Acoma hosted the four-day National Homeownership Week
forum in June and PMI announced its contribution of $125,000 to the
Pueblo of Acoma Housing Authority during that event.
In a recent press release, Raymond J. Concho Jr., executive director
of the Pueblo of Acoma Housing Authority, said, "We have a huge
housing need. Young families who can afford a mortgage, but will never
qualify for HUD low-income housing program, have been denied repeated
requests by lenders. Now they have another option."
Richard F. Kontz, executive director of NPH, said in the release,
"Right now on the Navajo Nation, most Navajo families do not
envision the buying and selling of homes as it occurs off-reservation.
I believe one way Navajo families can build personal wealth is through
an active 'buy and sell' real estate market on the Navajo Nation.
These funds ... will certainly help NPH begin to build that new market."
NHP has acquired its first two homes for rehabilitation one in Window
Rock and the other in Shiprock. The homes are nearing completion and
two Navajo families will be able to move in soon.
Historically, according to the release, housing opportunities for
Native Americans have been limited, and in cases where available,
largely substandard. This is the first time that a private financial
company has stepped in to help the Pueblo of Acoma. Previous housing,
much of it manufactured homes, has been financed by public entities.
Acoma will build two new homes with the money.
Josh Wozman, a spokesman for PMI, said Native Americans have trouble
getting financing because they don't own the land so they don't have
the collateral necessary to secure the loan. He said it has been shown
that the growth of home ownership in the next 10 years will come from
minority purchases and PMI wants to build relationships in these communities.
To do so they developed the Gateway Cities Initiative where they will
establish revolving funds to acquire or build housing in partnership
with local non-profit community groups for underserved communities
across the United States.
The establishment of the funds for Acoma and the Navajo Nation is
part of a $2.5 million commitment announced by PMI early this year.
The program is designed to expand home ownership opportunities for
Native Americans, whose communities have been bypassed by the mortgage
finance system.
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Diamondbacks, Giants begin tourney action
Carrie Loretto
Sports Editor
GALLUP — Local baseball teams continue postseason action this
week with Gallup hosting the AABC Mickey Mantle State Tournament beginning
today.
The Ft. Defiance Diamondbacks (6-3) will play Santa Fe today at noon,
while the Gallup Giants (6-3) will play the Las Cruces Saints tonight
at 8 p.m.
City league champions, the Gallup Diamondbacks (7-2) received a first
round bye in the nine-team bracket. They will play the winner of the
Santa Fe-Ft. Defiance game Wednesday at 6 p.m.
Other first round matchups pit the Las Cruces Sky Sox against Moriarty
at 2 p.m. and Albuquerque vs. Espanola at 6 p.m.
In Sandy Koufax, the Gallup Rangers will play Otero Co. tomorrow at
11:30 a.m. in Farmington. Grants will play Santa Fe at 9 a.m. also
on Wednesday.
Teams and rosters are:
Mickey Mantle Gallup Diamondbacks
Cyle Balok, Jeffrey Bournett, Manuel Carrillo, Eric Courtois, John
Cox, Joshua Espinosa, Jesse Hall, Donovan Ferrari, Matthew Long, Remigio
Sells, and Eric Valdez.
Pick-up players: Kevin Walsh, Al Long and Paul Leyba all from the
Yankees.
Gallup Giants
Lee Acosta, Emilio Esparza, Brian Espinosa, Fermin Gallegos, Dominic
Howe, David Martinez, Jared Montano, Eddie Olguin, Armondo Rascon,
Derrick Romero, Dominic Romero, Antonio Saucedo, Charles Soto, and
Brandon Yazzie.
Pick-up players: Gabe Sisneros, Josh Silva, Josh Espinosa all from
the Pirates.
Ft. Defiance Diamondbacks
Scott Begay, Joel Bradley, Darrell Brown, Filsantis Hardy, Todd Hoisington,
Jeffrey Johnson, Mike Littleman, Kevin Long, Wacey Puente, Carl Sanderson,
Dallas Tabah, Joe Wauneka, Chris Yazzie, and Lamont Yazzie.
Pick-up players: Will Daw and Jeff Manuelito from the Pirates.
Sandy Koufax Gallup Rangers
The Rangers went 11-0 to capture the city league title.
Players and positions are: Aaron Cooley, catcher; Ben Mendoza, pitcher/shortstop;
Eric Esparza, second baseman; Ray Yepez, third baseman; Rocko Espinosa,
first baseman; Gregorio Paredes, centerfielder; Matthew Escamilla,
outfielder; Andreas Sisneros, outfielder; Chaz Troncoso, outfielder;
Andrew Trujillo, outfielder.
Pick-up players include Chad Manges (rightfielder) and Jacob Romero
(utility) from the A's; Kyle Cherney (leftfielder) and Gabe Trujillo
(pitcher) from the Yankees and Pirates catcher Josh Williams.
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Teen held in Gutierrez beating
Andrea Egger
Staff Writer
GALLUP — A teen has been arrested in the beating of a local former
politician July 1.
Gallup Police arrested Anthony Martinez, 18, of 2800 E. Aztec, according
to a police report.
Magistrate Court records show Dan Gutierrez, 76, of Gallup picked
Martinez out of a photo line-up of similar-looking Hispanic males.
Gutierrez told police Martinez is the one who also threw a bottle
at Gutierrez before the three men got out of the car and began beating
him.
Gallup Police detectives have been working on the case since Gutierrez
was beaten by three assailants while he was walking through the Mossman
area at 5 a.m. that Sunday...
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Chinle boy dies in ATV turnover
Jim Maniaci
Diné Bureau
CHINLE, Ariz. — A 13-year-old Chinle Chapter boy died Sunday
night from massive head injuries when he was flipped from his all-terrain
vehicle, the Navajo Law Enforcement Department said Monday.
The boy, who lived about 2.5 miles north of the Tseyi Shopping Center,
was declared dead at the Chinle Indian Health Service hospital after
the 8:40 p.m. one-vehicle accident.
The Chinle District officer's report said the boy was headed north
on the shoulder of U.S. 191 when he attempted to jump the four-wheeler
at a turnoff. But the ATV landed on its front skid plate, ejecting
him and he landed on his head, suffering massive head injuries despite
wearing a helmet...
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NAPI projects on deathbed
Jim Maniaci
Diné Bureau
WINDOW ROCK — The pair of joint ventures that would have resulted
in hundreds of well-paying year-round jobs in the Northern Agency
appears to be dead.
Navajo Nation Council Speaker Edward T. Begay, in his quarterly
report on the "State of the Nation" on Monday, drove the
last nail in the coffin when he said the proposed revisions in the
Navajo Agricultural Products Industry calls for NAPI first of all
to concentrate on farming instead of coming to the council for millions
for other projects.
The $150 million-plus pair of joint ventures with R.D. Offutt Company
to grow, then process, potatoes for the fast food industry had been
expected to establish about 400 jobs at NAPI.
But when NAPI couldn't pay its vendors earlier this year, the council
diverted $10 million it had pledged toward the pair of tribal-private
partnerships to paying the debts from the past season and getting
ready for this season. Otherwise the farm would have folded...
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Justices O'Connor, Breyer to get Navajo capital
grand tour
Jim Maniaci
Diné Bureau
WINDOW ROCK — Navajo leaders will keep two U.S. Supreme Court
justices behind closed doors during much of their historic 25-hour
visit this week.
While some U.S. presidential candidates and many senators and members
of the House of Representatives have visited the tribal capital,
this will be the first time for any of the nine members of the highest
tribunal in the land to travel to the Navajo Nation's center of
government.
Diné leaders want to convince Sandra Day O'Connor, a Stanford
University graduate and former state appeals court justice, and
Stephen Breyer, a Stanford University graduate and former Harvard
Law School professor, that the Navajo judicial system is the most
developed of any of the more than 560 federally recognized tribes.
"The purpose of their visit is to (provide) a broad view of
justice in Indian country, Navajo sovereignty, and the works and
needs of the court," the Navajo judicial branch said in a statement
about the trip...
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State enters dispute over cops' reports
Bill Donovan
Staff Writer
GALLUP — The New Mexico Foundation for Open Government has
now officially entered the Robert Kiro police records dispute.
Robert Johnson, head of FOG, has sent letters to the Gallup Police
Department, the New Mexico Department of Public Safety, the McKinley
County District Attorney's office and Gallup City Manager David
Ruiz requesting the Kiro's incident report.
Kiro is now facing capital murder charges in the death of Gallup
police officer Larry Brian Mitchell, who died in a shootout last
month when police stormed Kiro's trailer.
Since then, the Gallup Independent has been trying unsuccessfully
to get Gallup police to release the original police report and is
now preparing to file a suit in state court, possibly as early as
this week...
Ex-roommate faces charges
Staff report
GALLUP — Breaking into his old apartment and spitting on a
police officer got one man in a lot of trouble Friday night.
According to a Gallup Police report,
Nadine Thomas, manager of Cedar Hills Apartments, told police
she was watching an apartment for Frances Becenti, 65, who said
he would be gone and that someone had broken his window the night
before. A maintenance technician told Thomas around 7 p.m. that
he saw a man taking off a window screen at the apartment.
Thomas called police and went to the apartment. She saw a pair of
legs going into the apartment from the window...
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Deaths
Jordan Williams
PINEDALE — Services for Jordan Williams, infant, will be held
at 10 a.m. Wednesday, July 18, at Pinedale Assembly of God. Pastor
Nathan Lynch will officiate. Burial will follow on private family
cemetery, Pinedale.
Jordan died July 12 in Albuquerque. He was born Nov. 21, 2000, in
Gallup into the One Who Walks Around You People Clan.
Survivors include his mother, Lilly Begay of Pinedale; and grandparents,
Grace Ann and Michael Begay Sr., both of Pinedale, and great-grandmother,
Betty Nez of Sanders, Ariz.
Jordan was preceded in death by his great-grandparents, Hoskie Y.
Begay, Charlie Nez and Emma Tom-Begay
Rollie Mortuary is in charge of arrangements.
Vernon Mason
SUNDANCE — Services for Vernon Mason, 28, will be held at 10
a.m. Wednesday, July 18, at Rollie Mortuary-Palm Chapel. Burial will
follow at Sunset Memorial Park.
Visitation will be held 4-7 p.m. today at Rollie Mortuary.
Mason died July 13 in Sundance. He was born Dec. 14, 1972, in Gallup
into the Coyote Pass People for the Tangle People Clan.
Mason graduated from Gallup High School. He attended Denver Automotive
and Diesel College and San Juan College's truck driving program, where
he received his CDL license. He was employed with CTI Trucking.
His hobbies included playing basketball, football, ranch work, watching
wrestling and listening to music.
Survivors include his son, Austin I. Mason of Manuelito; daughter,
Ashleigh M. Mason of Manuelito; parents, Verdie J. and Dannie L. Mason
Sr. of Sundance; brother, Harold L. Mason of Sundance; sisters, Geneva
M. Stevens and Lucinda Mason, both of Sundance, and Shirleen Capitan
of Tohatchi; and grandmother, Pauline S. Nelson of St. Michaels, Ariz.
Mason was preceded in death by his brother, Dannie L. Mason Jr., and
grandparents, Daniel D. Nelson, Edgar and Celia Mason.
Pallbearers will be Thaddeus Stevens, Harold Stevens Jr., Junithan
McCall, Merlin Russell, Marvin Chavez and Duane Frazier.
The family will receive friends and relatives after the burial services
at Church Rock Chapter House.
Rollie Mortuary is in charge of arrangements.
John A. Charlie
SUNDANCE — Services for John Charlie, 75, will be held 10 a.m.
Wednesday, July 18, at St. John Vianney Catholic
Church, Gallup. The Rev. Walter Opalewski will officiate. Burial will
follow at Rehoboth Mission.
A rosary will be recited at 7 tonight at Cope Memorial Chapel.
Charlie died July 14 in Gallup. He was born Sept. 15, 1925, in Sundance,
Coal Mine area, into the Red Running Into Water for the Bitter Water
Clan.
Charlie was employed as a railroad worker and coal miner, using heavy
equipment.
Survivors include his son, John Charlie Jr. of Sundance; daughters,
Bettie L. Charlie and Alice A. Charlie, both of Sundance; brothers
and sisters of Tohlakai and Ramah; and 11 grandchildren.
Charlie was preceded in death by his wife, Mary Rose Charlie; parents,
Mr. and Mrs. Navajo Charlie; brothers, Tom Charlie
and John Henry Sr.; and sisters, Susie Woody and Mary Brown.
Pallbearers will be family members.
Cope Memorial Chapel is charge of arrangements.
Charlotte Sue Cleveland
ROANHORSE CANYON — Services for Charlotte Cleveland, 48, will
be held at 10 a.m. Wednesday, July 18, at Our Lady of the Blessed
Sacrament, Fort Defiance, Ariz. Father Martan Rademaker and Brother
Manard Shirley will officiate. Burial will follow on Roanhorse family
plot.
Cleveland died July 13 in Flagstaff, Ariz. She was born Sept. 19,
1952, in Fort Defiance, Ariz., into the Zuni People for the Folded
Arms People.
Cleveland graduated from Payson (Utah) High School, attended Brigham
Young University and the University of New Mexico. She worked for
Chuska Boarding School, Navajo Elementary, Navajo Pine High School
and Parkard Hughes Inner Connect. Her hobbies included painting, sewing
and sports.
Survivors include her husband, Herman Cleveland Sr. of Tempe, Ariz.;
son, Herman Cleveland Jr. of Tempe; daughters, Nicole B. Cleveland,
Sybil B. Cleveland, Novia M. Cleveland and Jessica Cleveland, all
of Tempe; brothers, Dennis G. Howard of Fredonia, Ariz., Julius E.
Howard of Roanhorse, Vernon L. Howard of Sanostee and Reginald H.
Yazzie of Chicago; sisters, Maxine F. Howard of Mesa, Ariz., and Louella
H. Tallbull of Roanhorse Canyon; and four grandchildren.
Cleveland was preceded in death by her parents, George and Marie R.
Howard; brothers, Nathaniel G. Howard and Beuford Howard; and grandparents,
Frank and Akinabah Roanhorse and Tom and Elizabeth Howard.
Pallbearers will be Vernon L. Howard, Julius E. Howard, Dennis G.
Howard, Herman L. Cleveland Jr., Trevor Tallbull and Edmund Chicharello.
Tse Bonito Mortuary is in charge of arrangements.
Harry House
WIDE RUINS, Ariz. — Services for Harry House, 69, will be held
at 10 a.m. Wednesday, July 18, at First Southern Mission, Klagetoh,
Ariz. Pastor Jack Benally will officiate. Burial will follow at Wide
Ruins Community Cemetery.
House was born July 15, 1932, in Chambers, Ariz., into the Red House
People Clan for the Edge Water People Clan.
House broke horses and was a bareback rider.
Survivors include his son, Gary Arviso of Sawmill, Ariz.; daughter,
Virginia Arviso of Iyanbito; brother, Thomas House of Fruitland; sisters,
Mary Alice Daniels and Sarah House, both of Chambers, Ariz.; eight
grandchildren and five great-
grandchildren.
House was preceded in death by his parents, John House and Clara H.
Ben; and grandparents, Billy Yellowhair and Maggie Yellowhair.
Tse Bonito Mortuary is in charge of arrangements.
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