Official wants 'agitator' banned
Paperwork error postpones exclusion hearing for paralegal

By John Christian Hopkins
Diné Bureau

TUBA CITY — A hearing in Tuba City District Court Tuesday on a motion to bar paralegal Marsha Monestersky from the Navajo reservation was postponed due to an administrative error in ordering the hearing.

The order for the Tuesday hearing was issued under the "rules of civil procedure," when it should have been under the "rules for exclusion proceedings." The hearing is now tentatively scheduled for Dec. 19, said attorney James W. Zion, who is representing Monestersky in one of three current and interrelated ongoing cases he has involving the Nation.

The other two cases involve his representation of Rena Babbitt Lane, 84, who has said she was abused by Hopi law enforcement officers; and he represents a group called The Forgotten People, who are opposed to the Hopi-Navajo compact relating to the Bennett Freeze area.

Agitator
The petition by Vernon J. Roanhorse, senior prosecutor of the Nation's Tohajiilee/Alamo district, describes Monestersky as "a well-known agitator" on the Hopi reservation. and states that Monestersky has caused disharmony through her actions, including unauthorized actions while purporting to be a lawyer.

Someone "high up" in the Navajo government is trying to shut Monestersky up, charged Zion. He has filed a motion asking Judge Jennifer Benally to dismiss the exclusion motion for several reasons including that the Navajo Nation did not follow its own rules in ordering the hearing and that the majority of the petition filed by Roanhorse is untrue, irrelevant or cites "hilarious Hopi gossip" aimed at Monestersky.

Such "gossip" includes a statement by Verdell Primeaux that he believes Monestersky is profitting through grant writing on behalf of the Bennett Freeze group and stashing the money in a secret bank account. Primeaux also said that Monestersky told him she was a lawyer.

Monestersky was not given notice of Tuesday's hearing until Dec. 1 leaving her only the weekend to prepare for the hearing, Zion said. Such short notice would handicap her ability to defend herself, he added.

Monestersky believes the attempt to bar her from Navajo is in retaliation for her reporting the Nov. 4 incident at Black Mesa where Lane alleged that three officers one Hopi sergeant and two Navajo officers abused her, threw her cane on her roof, threatened to arrest her and told her they would let the coyotes eat her sheep. During the fracas, Lane suffered a heart attack.

Her name was first linked in public to the Lane case on Nov. 24 and on Nov. 27 the order to ban her from the reservation took wing, Monestersky said.

Frozen out?
Roanhorse's petition notes Monestersky's activities earlier this year on behalf of the Forgotten People and charges that she created public announcements and helped organize meetings to oppose the Hopi-Navajo Compact. It contends that Monestersky misled people by acting as a lawyer.

Monestersky is a paralegal and, as such, is allowed to assist a registered attorney and prepare court documents, Zion said. Monestersky is assisting him in the Bennett Freeze litigation, Zion added.

The Nation's position is that Monestersky has misinterpreted the compact and stirred up trouble between neighbors and households in the affected area. At one point, the Tuba City Chapter passed a resolution to ban Monestersky the vote was 34-0 with 19 abstentions.

That petition was sponsored by Cherlyn Jackson, a critic of Monestersky. Jackson and her brother, Kee, were temporarily jailed for disorderly conduct at one point and held for eight hours. No charges were filed. Cherlyn Jackson is the common law spouse of Primeaux.

Ironically, it was Zion a former tribal lawyer who drafted the exclusion regulations at the behest of former Chairman Peter MacDonald. Though the law to ban people from the reservation exists, it has rarely been used, Zion said. He said he could recall only once before when it was invoked.

The law allows a non-Indian to be banned from the reservation if certain infractions occur mainly criminal conduct, Zion said. The charges made against Monestersky fall far short of such serious criminal activity, Zion said.

Hopi hardball
On Nov. 4 three Hopi officers arrived at Lane's home and, according to Lane, they dragged her from bed, pushed her around and threatened to take her to jail and make her walk home, about 100 miles away.

"Ever since that day, it has not been good with me," Lane said Tuesday. "Navajo Nation President) Joe Shirley has not extended his concern for me. He has not helped me. What is wrong with him? It makes my heart sad."

Noted Navajo activist Marjorie "Grandma" Thomas led a protest march Monday from the fairgrounds in St. Michaels to the administration building in Window Rock to support lane and bring attention to the issue of elder abuse. She, too, wondered why Shirley had made no public statements regarding this matter. Thomas was dismayed that there were no administration officials to meet with her.

Vice President Frank Dayish Jr. was on his way to Farmington to attend a previously scheduled event, said his assistant, Maxine Etter; however, Dayish is willing to meet with Thomas, Etter said.

"It's been 30 days since Rena Babbitt Lane was assaulted, and not one word from Joe Shirley," Monestersky said. "But he had time to serve me with an exclusion order."

Lane has had a longstanding conflict with Hopi and Bureau of Indian Affairs officials, Monestersky said. In 1974, Lane suffered a broken hand in one confrontation, she added.

"When I tried to build, the Hopis came and stopped me," said Ella Bennett, 90. Years ago, in her father's time, there were no such encounters between Navajo and Hopi, she said.

Water is the main point of contention, said Jack Colorado Sr. of Cameron. "I've lost track of how old I am. I was born in 1927," Colorado said. "Back in the day I used to herd sheep. I really can't do that now."

"We're just trying to protect our homes," said Bobby Bennett, who acted as interpreter since several of the people at the meeting spoke no English.

Secret compact
Tribal officials are angry that Monestersky had a copy of the Hopi-Navajo Compact, Zion said. In fact, some were upset when Delegate Hope MacDonald-Lonetree told the Bennett area residents of the compact, he added.

Navajo officials claim the need for secrecy to protect sacred religious sites including the Hopi Salt Trail Zion said; however, maps already exist that show those things two of which were on display during the meeting.

Zion was incredulous that the nation would tout secrecy when the information is already available. But in the guise of secrecy, landowners in the Bennett Freeze and Joint Use Areas were being kept in the dark, he said.

"We had hearings on whether or not to ban gay marriage, but we didn't have hearings on the compact," Zion said.

There are other potential problems with "secret sacred sites," he added. Zion asked what would happen if someone comes along intent on abusing that loophole.

"What if a Hopi shows up in your front yard and says you have to move your trailer because this is a sacred site?" Zion wondered. "They did not take into account people's personal property rights."

The Navajo leaders don't tell the people anything, said Carol Colorado. Everything is a secret, she said.

Some people think once the freeze ends there will be "some wonderful, magical development" and money will flood into the area, Zion said. That's not how he sees it.

"I don't see one additional penny coming to the Western Agency," Zion said. With the costs of the Iraq war skyrocketing, federal funds for tribes is already taking cuts; so, it is unreasonable to expect the government to come up with money for new developments in the freeze region, Zion said.

'Lousy lawyering'
If the Bennett Freeze case was simply Hopi vs. Navajo, he wouldn't have taken it, Zion said. But it goes beyond that to cause religious discrimination, he said. Whenever lawyers especially white lawyers attempt to spell out religious practices, trouble is sure to follow, Zion said.

The compact allows Hopis and Navajos to go on each other's land to practice traditional religious practices, Zion said. But in defending "traditional" practices, it inadvertently could be used to bar Native American Church or Christian practices, Zion said.

"It creates a favored religion," Zion explained. "Because of lousy lawyering in my opinion you have religious discrimination."

The whole question of the need for secrecy is suspect since none of the people who would be affected by the compact were given copies to review, Zion said.

In the end, it all boils down to the rights of the people to preserve their way of life.

"I tend the sheep, I am the only one there," said Hawk Grayeyes. "That is why I am here. I want to protect my way of life."

John Christian Hopkins can be reached at hopkins1960@hotmail.com or by calling 505-371-5443.