We have written about the Tosobol Family of Pechanga, who have been caught up in Pechanga's illegal moratorium. We have a letter from the family, that went to the tribal council, led by Mark Macarro, who is also keeping his own family members out of the tribe. This is a shameful story.
To Tribal leaders
On behalf of the Descendants of Petra Tosbol original Temecula Allotted we submit this letter. We number 100 or more people we have a property interest on the reservation lot number 76 47 48 totaling 48 acre
As per Pechanga’s constitution and bylaws open enrollment for citizenship in the tribe occurs from January 1 thru January 31 of each year. While certain descendant of Petra Tosobal has been enrolled our family has been denied membership for 14 years through the illegal enactment of the moratorium on enrollment as a result we have been denied all the right and privileges due tribal citizen.
Pechanga tribal officials have kept us from accessing our land and heritage last year we were restricted from going to our land after being told we would finally be enrolled , The incident occurred when family members went to the reservation on November 4 ;2009 to look at the land and burn sage to pray as we expected to finally reclaim our heritage . We were shocked when Tribal rangers surrounded the family members and detained us for 45 minutes. We provided proof of ownership in the allotment we were visiting we were taken to the tribal ranger station and questioned. Our names; addresses; and phone numbers were written down and we were eventually released.
On a return visit January 2 2010 family members were detained once again on January 20 2010 family members were stopped again but this time to our surprise we were told that we were banished and each one of us were given paper work that said we were banished for 90 days or pending life exclusion to this day we are still not allowed to access our land they tell us that we are not banished but we have to find other ways to access our land because we cannot us their roads if that is not banishment what is .
28 comments:
I have gone through this same issue. What you need to do is go to the B.I.A. show them your documentation and ask them what you’re right as an allotee is. The B.I.A. told us the tribe can’t legally band an allotee from their land unless it is approved by congress. So if you give notice to the B.I.A. and tell them the day you will go to the reservation this will put them on the spot to intervene. They will tell you not to because they don’t want to get involved but it still your decision. Now this put the B.I.A. on the spot to protect you rights as an allotee and a Native American. Now when you go to the reservation you don’t let security hold you legally they can’t hold you. If you can take a person from the press all the tribal rangers need to know is that this person is a close family friend .Now this is the big decision when they call the sheriff you let them arrest you for trespassing. Now you go back to the B.I.A. and demand they protect your rights as a allotee.
If I had land on Pechanga that is exactly what I would do seems that there are quite a few from your clan that could go to the reservation to visit your property to burn sage in the memory of your ancestors. If anything bring a cam-cored. If you need bail money I can contribute $200. Smokybear, this is an opportunity to do what it takes for you and your family. You have stated that we must do whatever it takes.
I hope the Tosobols are united as one.
We see the Hunters drop off, and Apis.
Don't seem to care much?
Where is Anotherview? He is strangely silent about the moratorium.
We have heard his almost constant attacks on us, the disenrolled, but on the issues of the moratorium he says nothing.
The Tosabols got their applications in before the deadline for the moratorium.
So come on Anotherview show it is not greed on your part that they sitll have to wait all of these years.
Also, let's see him defend banishing them for simply going to their own land to pick sage.
"White Buffalo said: "Smokybear, this is an opportunity to do what it takes for you and your family. You have stated that we must do whatever it takes.
Reference: Anonymous, January 5, 2012 7:27 PM
Why, yes "I Did!" And I'm an "Allottee" of property on the "Rez," as so are others of the "Hunter Clan." Could this be a "Viable" avenue to "Explore?" Or, just another avenue of "Fruitility?" Let me discuss this, a little further, with my "Family, the Hunters." A lot of "Planning" would be in order, and a lot of questions would have to be answered before a "Lone Wolf" venture could be "Realistically"...."Realized!" Again, let me see what my "Family, the Hunters" have to offer on this subject. I would have to say: "We'll have to see," for who says that they would even let me on the "Rez" to visit my property, or visit my "Ancesters" to burn "Sage," or anything else, no matter what paperwork I have in hand, to prove "My Rights" to do so.
I know your pain; I remember when I would show up at the school house and then the government center for tribal meetings with my cousin. We were not welcomed warmly but we went because my grandfather said we should because we were family and that overtime we would be accepted. It is too bad that never happened because Pechanga had so much potential to be a leader that could help other tribes realizes their goal of self-sufficiency and cultural longevity. What a fool I was.
I will stand with you on that date when you the Hunters and Tosabols decide to exercise your rights as allottee’s what it takes is commitment, so let me know that way I can clear a date on my calendar. A Saturday is best for me that way I do not have to miss school.
White Buffalo, only members are allowed at tribal meetings. If you showed up at the old school house or the government center you would have been asked to leave. Did you try to become a member before pechanga had their casino? Do you have a blood quantum from the BIA showing pechanga blood?
Your allotments are landlocked. They are completely surrounded by private property belonging to others so that it may not be accessed without crossing land owned by another.
Document titled "Rights Of Landowners" state exactly what the rights of landowners are.
No owner may block access to any other owner.
Now...chicken shit lawless, lying, thieving criminals are intentionally violating rights landowners.
Who are the chickenshits? The chickenshits are most likely blood relatives of their victims.
They know exactly what the rights of landowners are but are deliberately harassing landowners by creating a hostile and dangerous environment for innocent landowners.
Tribal attorneys know and further continue to intimidate victims by employing criminals like the Riveiras and Dean Vasquez to commit illegal acts against lawful landowners.
Ronald Riveira is a felon and has control of criminal acts against landowners.
Dean Vasquez is party to criminal acts against landowners. Sneaky 'Ricky Riveira' has ridden tribal property like a it was a wild bronco and damaged the wild bronco.
Ortloff (sp) has physically and continuously committed criminal acts against landowners with full continuing complicity of Dean Vasquez.
"land-locking" is just one of many deliberate hostile acts harassment.
'Illegal moratoriums,and letters of restrictions' are all tools of the criminals to intimidate landowners.
How do I adjust print in comment section? It's huge!
In answer to “Anonymous post of January 8, 2012 10:52 PM” I was an enrolled member in the 80s way before the casino. The tribe at that time used to hold meetings at the old building next to the baseball field, sand pit, before the government center was built. When I first started going I was in my early 20s and I went with my grandfather who was the son of Manuela Miranda who was Pablo Apis’s granddaughter. As for our property rights it is common knowledge that the casino is built on a portion of the Apis Little Rancheria that was given to him. I was once accepted by my family that is still enrolled, but we would not go along with the evil plans that Jenny Miranda wanted us to go along with, so she and the other three witches who were in cahoots orchestrated our disenrollment, I remember that I used to vote against what she said we should vote for many times because it what they were doing was wrong. There were many votes that were delayed just so that people from the CPP could go and make people come to the meetings to vote just so they could win the vote. We Apis/Miranda had a very large voting block and with the help of the Hunters we were gaining power because we would unite on issues and would win. It was clear that we would have dethroned Marcy and the other idiots who are now still in power in 2004, but we lost a vote by 3 that would have recused three hostel members of the enrollment committee who were our accusers.
White Buffalo is right, we the Hunters would vote as block with the M. Miranda on important issues and I remember the fight against us heated up when we put a Hunter family member on the PDC, the board that oversees the casino for the people, defeating Jenny Miranda in a fair election who thought it was her inherited right to be on the board and also when we put a M. Miranda family member and another Hunter family member on the enrollment committee at about the same time.
The M. Miranda and Hunters were about 25 percent of the tribe so what better way to stay in power than to eliminate a large voting block who had a huge voice in deciding elections?
1981
Dear member and concerned individuals,
The special meeting notice sent to you by Jennie miranda
and Russell (Sutch) murphy is not an official notice. They
are not official representatives of the Pechanga Band. "There
will be no official nominations for council on the 16th of
November.
(YOU no how to sue the tribe right BUTCH)and JENNY?
Dear member.
This notice is to .remind you that the "election" .called
for January 11, 1981, is not an official election. It was
called by the small group that recently decided to break away
from the Band to set up its own government. '. .'
Official nominations have been delayed until march, 1981.
The election will take place soon aftei that.
You see ,butch and jenny sued the tribe and francis and andy sued pechanga and stand around and pretend to be true to the core (Haha)FUCKING CROOKS!
Oh nobody threatens are tribe, hahahahaha!
THATS right they got a lawyer and sued Pechanga!
what was the result of the suit?
suit. Anyone have a copy of case?
They are not legitimate lineal descendants..why were they illegally enrolled?
Did they win the suit?
NO ,the BIA took the tribal council away from them and gave it back to Pechanga (the real people)!
WHO was on that COUNCIL that sued PECHANGA ?
1.Butch
2.ANDY
3.JUANITA MIRANDA
4.Francis Miranda
5.philomena nyborg
Jerome Tomhave
5750 division st suite 201
riverside ca 92506
told ed burbee that he would not recognize these non members as the council.
hahaha. TRUE ALL TRUE
NOBODY threatens are tribe hahahahahahaahahaaha
Mr. Manuel Monguia
Attorney at Law
220 South Broadway
Escondido, California 9202.5
Dear Mr. Monguia:
This is in response to your appeal dated September 21, 1981, on behalf of Mr. Russell
Murphy asking the Assistant Secretary - Indian Affairs to reverse the Sacramento Area
Director's decision of June 12, 1981.
MURPHY sue's the tribe hahahaha
sorry,
butch,andy,jenny ,francis,juanita sue tribe.....all is cool now because of the money right FOOLS ?
hahaahahahahaha
YOUR a real PEACH butch ,your motive was to FUCK the tribe from the GET GO! you and your friends
Remember, Butch is the ex-brother in-law of Macarro.... What a better way to pay alimony and child support than to have the tribe pay it for you by keeping non Pechanga lineal descent enrolled and kick out others who might find this out sooner rather than later...
Dept of the Interior
Bureau of Indian Affairs
5750 Division St., Suite 201
Riwerside, CA 92506
Gentlemen:
One of the charges, of especial inter~st here, was that
Frances Miranda had received the absentee bal+ots at the ad.dress
of Beatrice Miranda, the incumbent Spokeswoman. We later learned
that she had tabulated the ballots herself, burned the ballot~~
and 'turned the tabulation in to the Election Committee.
There was no satisfactory answer to this charge, nor to
any of the other nine charges.
hahaha
Dept of the Interior
Bureau of Indian Affairs
5750 Division St., Suite 201
Riwerside, CA 92506
Gentlemen:
One of the charges, of especial inter~st here, was that
Frances Miranda had received the absentee bal+ots at the ad.dress
of Beatrice Miranda, the incumbent Spokeswoman. We later learned
that she had tabulated the ballots herself, burned the ballot~~
and 'turned the tabulation in to the Election Committee.
There was no satisfactory answer to this charge, nor to
any of the other nine charges.
hahaha
Ironic that Ed Burbee, aka Mr PotatoHead, was against this bunch when there was no money in it for him but sided with them in getting rid of the Manuela Mirandas in 2004and the Hunters in 2006 but when he saw dollar signs so he sold out to the devil so to speak.
So PotatoHead, the splinter group were not legitimate in 1981 but were in the 2000s?
A tribal member, probably our old nemesis Anotherview, may come to this comment thread and say that the enrollment is open because the enrollment committee is accepting applications this month, January 2012.
But everyone can see that merely accepting applications pending re-opening the enrollment doesn't mean the enrollment is open so the moratorium law needs to be thrown out as violating the Band's constitution and bylaws.
The constitution and bylaws of the 'Temecula Band of Luiseno Mission Indians', soemtimes referred to as the 'Pechanga Band of Missions Indians' (from the preamble of the Band's constitution and bylaws), under Article VIII, 'MEETINGS', states the following:
"THE SIMPLE MAJORITY OF MEMBERS PRESENT SHALL RULE AND DECIDE IN ALL MATTERS OF GOVERNMENT AND BUSINESS OF THE BAND, UNLESS STIPULATED OTHERWISE IN THESE BYLAWS."
Well the Band's constitution and bylaws under Article II states the following:
"THE MEMBERSHIP ENROLLMENT WILL BE OPENED THE FIRST MONTH OF EACH YEAR BY THE BAND'S ENROLLMENT COMMITTEE."
So it is stipulated that enrollment is every January so let the people stuck in the moratorium in!
Correction to my last post, I said, "But everyone can see that merely accepting applications pending re-opening the enrollment doesn't mean the enrollment is open so the moratorium law needs to be thrown out as violating the Band's constitution and bylaws."
Of course lifting the moratorium is not anywhere near pending so the previous entry should read, "if they ever do reopen the enrollment again" which doesn't seem likely any time soon as the moratorium seems to have no end in sight.
Burbee was completely against the splinter group, but now, he gets a share of the $1.5 million stolen from those disenrolled.
Attourney needed for action what about San Pascal legal team we are interested in who the ICRA enforcers are ??? POLYSQWALIS says WHAY SAY YOU
What is the Enrollment committies job anyway, TO SIT THEIR AND ENROLL EIGHTEEN YEAR OLDS! HEY CATILINA FIND ANOTHER JOB, BECAUSE YOU are not doing shit with the job you have know!
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