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Cherokee Press Association obtained a copy of a letter to Bruce Green, Acting United States Attorney and Linda Epperly, Assistant U.S. Attorney. The letter is concerning tribal members being denied entry to a planned meeting, February 25, 1998.

February 27, 1998

To: Bruce Green, Acting United States Attorney
Linda Epperly, Assistant U.S. Attorney

From: Pat Ragsdale

Subject: Conduct of BIA Law Enforcement

Linda, I apologize for my terseness yesterday about the subject matter.

For the third time BIA authority has been used to deny Cherokees of their basic rights. I remind you of the events of June 20 and August 13, 1997. Attached are news articles reporting the February 25, 1998 incident.

BIA Criminal Investigator, Perry Proctor, acting under the color of federal law has once again abused his authority. Here is what happened on February 25, 1998.

As announced at least three weeks in advance, a group of Cherokees went to the tribal complex to meet with Cherokee leadership. This group of about 35 people included a school superintendent, lawyers, school teachers, elders, housewives, artists, business people and included myself. I was the only original marshal with the group and was with the group as a Cherokee citizen.

We had requested a meeting with the tribal leadership to discuss Cherokee issues at 11:00 AM and although Byrd had declined, a number of other council members had consented and scheduled the planned meeting. The event was publicized. The group was orderly and peaceful. The media was advised the group was not going to do anything provocative. When we arrived, I noticed at least 6 Highway Patrol cars, 5 BIA marked police units, 4 or 5 County units with 1 unit carrying 4 deputies and others doubled up. The newspaper counted 21 marked police units, surrounded the complex.

When we arrived at the complex, the leaders of the group led by Paul Thomas were met by armed guards and were told they could not enter. The leaders of the group said they were there to meet with their councilmen and they would not be demonstrating inside nor disrupt the business. The group was orderly. Gary Stopp, the recently hired Chief of Staff advised the building was closed to the group. He said the group could use the outdoor rest rooms. The building was locked down.

It is noted convicted felons (blank) and (blank) and others such as Mark McCullough (Friend of Joe Byrd through his political campaign, the promoter of Mexican cigarettes, special BIA lessee of the Pryor smoke shop and entrepreneur) were given unrestricted access and in fact stood in the lobby looking out while the group stood in the rain.

Councilman Jiggs Phillips came outside and he said, that the administration had decided to refuse to let us enter and that he was told there were "dangerous people in the crowd." Jack Blair, a group leader and father of one of the original marshals, asked, why were the security guards carrying guns? We were told the BIA through Proctor had okayed it. Perry Proctor, BIA supervisor, came to the door. I asked him why was he enforcing the order to deny access? Proctor said, he was there to keep the peace. I told him he was obviously taking his order from Chief Byrd since he stood in the doorway. I asked him on what authority the security guards were carrying weapons and Proctor said they were Cleet trained. I pointed out to him that training was not the issue, under Cherokee law no one other than law enforcement officers were authorized to carry weapons. I said I did not know he had been appointed a judge and the tribal court should first decide that issue not Perry Proctor. As a matter of fact there is no such finding by the federal court relative to the complex property. Furthermore, I am not aware of the US Attorney taking a determinative policy decision in this regard.

Even if it is later determined the property is under State jurisdiction there is no sanction by the Tribal Council that security officers may carry firearms. Incidentally, I think gun toting security officers are required to be registered as security agents with the State and licensed. To my knowledge Byrd's guards are not. The tribal Council under the general welfare and safety provision of the constitution could prospectively provide such authority, but thus far, they have not. Accordingly, Joe Byrd does not have the authority to arm his private guards without the authority of the Tribal Council. (He looks ridiculous enough walking around the complex and out and about the country surrounded with body guards paid for at the expense of the American taxpayer and the Cherokee people.)

Here are the bottom line questions. Why does the federal government continue to tacitly allow a federal agent acting under the color of law to violate Cherokee law and provide the appearance of federal approval of the violation of Cherokee citizens rights? Does the Justice Department condone or approve this conduct? If yes, please affirm his actions are proper and supported by the Justice Department. If not, please take the necessary action to ensure citizens' federal rights are not abused.

Again, this will be the third time Mr. Proctor has officially engaged his office to back up the lawless behavior of Joe Byrd.

It is bad enough the Cherokee Nation has now evolved to a "police state" and that the criminals are treated with respect while our elders are treated like they are criminals.

I watched as security guards searched the five elders for weapons after Councilor Paula Holder negotiated with the administration to allow them into the complex to meet. I watched as 78 year old Marion Brown Hagerstrand, a female Cherokee WWII veteran who served in combat theater was denied access. Incidentally, her father Jack Brown a Cherokee educator has a building dedicated in his name. Her picture is on the front page of the Phoenix newspaper. Even more sad is the appearance the federal government sanctioning this disgraceful behavior ordered by the Cherokee Chief. I wonder if Mrs. Hagerstrand's treatment would be different if she was represented by a friend of President Clinton such as Attorney James Hamilton whose firm has billed the Cherokee Nation $700,000 in less than a year and whose firm has received at least $64,000 of American taxpayers' money? Why?

Finally, you may ask why 35 people deserve the attention of probably 100 cops and what makes them so dangerous? This type of behavior is blatant governmental oppression. Yet, you may say no one was hurt and eventually the group got to meet with their councilors that afternoon. As a matter of fact they were allowed to go in the back door. Is this the type of behavior, the federal government though its law enforcement officers want to foster?

/S/ Pat Ragsdale