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Chief jailed over tribal name disputeCESAR CABALLERO, center, turns himself over to authorities with supporters George and Geof Peabody, right, watching as a deputy takes him into custody March 5. Caballero, chief of the Shingle Springs Band of Miwok Indians faces a lawsuit from another tribe claiming the same name. Democrat photo by Krysten KellumBy Cole MayerStaff writer March 30, 2012 3 CommentsShare




--> On March 6, Cesar Caballero, 42, turned himself over to El Dorado County Sheriff's Deputies to comply with a judge's orders. "I'm not here to fight," Caballero said. "I'm here to honor the arrest warrant." Caballero was wanted on a contempt of court charge after not submitting evidence that his tribe is the true Shingle Springs Band of Miwok Indians, as opposed to the tribe that currently runs Red Hawk Casino. The case stems from the use of the name "Shingle Springs Band of Miwok Indians" and the trademark of the name. The defendants, dubbed "The Association Purportedly Doing Business as the Shingle Springs Band of Miwok Indians," claim that the name is theirs by ancestral right, and that the other band, the plaintiffs who run the casino, stole the federally recognized name in order to open Red Hawk. According to expert witness and local historian George Peabody, Caballero is the chief of the true Miwok tribe. Peabody's research traces Caballero's lineage to chiefs in the early 1800s, with the tribe's federal record beginning with the 1851 Consumnes River Treaty, continuing with the 1860 El Dorado County Federal Census. In his signed statement, Peabody asserts that "The defendant's ancestors voted on Jan. 13, 1935, under the Indian Reorganization Act of 1934. All drives voting in the IRA became federally recognized tribes listed on the federal register." This, Peabody stated, makes them the true Shingle Springs Miwok Tribe. Additionally, Peabody, who has four history books sold through the county, found that what he colloquially calls "the casino tribe" did not originate from the mainland, but from Hawaii. He stated that they are, in fact, the Sacramento Verona Band of Homeless Indians, "made up of descendants of Sandwich Islanders (i.e., Kanakas) according to the 1916 Federal Census records of Sutter County, California." He stated that they were welcomed to the continental United States by Maidu Indians from Sutter County, but never married into them. Why, then, did Caballero not turn over the federally recognized papers that would prove himself to be the chief of the "true" Miwok tribe? Because the casino Indians would claim the documentation is theirs, a source who spoke on condition of anonymity fearing litigation said. The source said that Caballero's tribe is not after the casino or any funds generated from gaming. They simply want the name recognition and federal benefits that come with it, saying they were stolen from Caballero's tribe in the first place. "When they went to apply to the state to open a casino, there was no record of their tribe's old name," the source said. Without a federally recognized tribal name, the casino could not be open, so they usurped the Miwok's name, the source said. This also enabled them to receive federal funds and financial help, "while the local band was starving," the source said. The casino Indians allegedly kicked Caballero's tribe off their reservation. The litigation does not end with just Caballero. There are other tribal members named, "with room for 100 more," the source said, with placeholders in the paperwork. When 15 members of Caballero's tribe stood in his defense during court proceedings, their names were added to the litigation by the judge, the source said. They had all signed declarations that they were the true Miwoks. Caballero has already served 55 days in solitary confinement in a federal prison for his contempt of court, which he is again serving time for. The source said it is likely to be a nine-month sentence unless he agrees to give up the documents — documents he had on-hand when he turned himself in, but would not part with. The documents, which had an official Bureau of Indian Affairs seal on it, stated that their tribe is federally recognized. He was moved to Sacramento County Jail on March 9, where he is kept in 24-hour lockdown "for his safety," the source said. The key to the casino Indians winning is "to keep Cesar incarcerated," the source said. "They have a better chance that way. They put him in jail, and they won't take him out until he complies." Chances of that are unlikely, however, with the source calling Caballero "an extremely strong Indian. The tribe is telling him to stay strong, that he's being a chief." The source cited an anecdote of why Caballero's tribe should win the case. When Caballero went to the Post Office to sort out where mail was going in regards to the two tribes, he presented his BIA-issued ID, which the Post Office accepted. Postal workers testified in court that it was the correct identification, issued by a federal body, verifying Caballero's identity as a member of a federally recognized Indian tribe. When the chairman of the casino tribe was asked to provide ID during what became a mail tampering case, he could only provide his state driver's license. Multiple calls to "casino" tribe Chairman Nicolas Fonseca and his tribe's lawyers were not returned. The case, which currently has 26 defendants besides the "true" tribe in name, will start its jury trial at the Sacramento Courthouse on Sept. 24. Cole Mayer Cole Mayer started writing for the Mountain Democrat in early 2012. A 2011 graduate of CSU Sacramento's journalism program, he has written news, features and opinions in the past, and currently works the crime, court and fire beat.View all my storiesEmail Me Follow Me on Twitter

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Mohrman & Kaardal

Mohrman & Kaardal: "I received notice yesterday that the Solicitor General of the United States requested a 30 day extension for filing its response and that the United States Supreme Court granted the request.
So, now, the Solicitor General's response is due on March 15, 2010.
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Ten Years of Government under I.R.A. by Theodore H. Haas

Ten Years of Government under I.R.A. by Theodore H. Haas

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Ten Years of Government under I.R.A. by Theodore H. Haas

Ten Years of Government under I.R.A. by Theodore H. Haas: "SECTION 4. All laws, general and special, and all treaty provisions affecting any Indian reservation which has voted or may vote to exclude itself from the application of the Act of June 18, 1934 (48 Stat. 984), shall ,be deemed to have been continuously effective as to such reservation, notwithstanding the passage of said Act of June 18, 1934. Nothing, in the Act of June 18, 1934,shall be construed to abrogate or impair any rights guaranteed under any existing treaty with any Indian tribe, where such tribe voted not to exclude itself. from the application of said Act."