Means could face local charges

By Pamela G. Dempsey
Diné Bureau

WINDOW ROCK — If the United States Court of Appeals for the Ninth Circuit's full panel upholds an opinion it issued in August, then Russell Means will face prosecution from the Navajo Nation.

Means, a Native American rights activist turned actor, has argued that because he is not Navajo, the Navajo tribal court has no jurisdiction over him.

In 1997, Means was charged with battery and threatening his then father-in-law both misdemeanors under Navajo tribal law. If he had been prosecuted then, Means could have faced a maximum of 90 days in jail and $250 fine for each threat and 180 days in jail and a $500 fine for battery.

However, Acting Chief Prosecutor Roger Shirley said if the tribe receives the case again, then Means could face a maximum of 365 days in jail and a $5,000 fine.

"We're ready to prosecute," Shirley said, if the outcome of Means' appeal is the same as the one the three-judge panel issued in August.

The Ninth Circuit Appeals Court stated in its opinion that the Navajo Nation had the right to prosecute and punish non-tribal Native Americans for misdemeanors.

Means' attorney, John Trobon said they will request a hearing before the entire Ninth Circuit panel. Failing that, he said, they will likely appeal to the U.S. Supreme Court.

"One of the most unfortunate things about the opinion is it says that Congress can discriminate against Indians," Trobon said in August. "Indians are not entitled to equal protection of the law."

Trobon said that this opinion gives "Indians a slice of power over other Indians."

Means' ex-wife, Gloria Grant, said the issue has grown beyond the misdemeanor charges.

"It's lost perspective," Grant said. "It's about two nations (and sovereignty)."

Her father, Grant said, attempted to drop the original charges; Shirley said the Navajo Nation can proceed with prosecution.

Grant said that as a family, they've mended and moved on.

"My father and Russell get along very well," she said. "There are no hard feelings against one another."