Delegates line up at court, hearings set

The running mate of Navajo Nation president candidate Ben Shelly is among 77 council delegates that the special prosecutor, Alan Balaran, has charged with criminal complaints in connection with the alleged misuse of discretionary funds.

On Monday, Delegate Rex Lee Jim (Rock Point) declined to comment on the charges of conspiracy and theft involving $3,200 in discretionary funds.

On Wednesday, Shelly held a press conference and emphatically denied his charges of conspiracy, theft and fraud $8,850 in discretionary funds.

Shelly was arraigned on Oct. 21 and pleaded not guilty. Window Rock District Court Judge Carol Perry ordered Shelly to return for his pre-trial hearing on Jan. 18, 2011.

The Navajo Nation general election is Nov. 2.

As of Wednesday, Jim had not been arraigned.

The morning of Oct. 21, Navajo Nation Police began serving delegates with summons to appear at the Window Rock District Court to face criminal charges involving conspiracy, theft, fraud and forgery regarding their alleged misuse of discretionary funds.

Attorney General Louis Denetsosie announced in an Oct. 20 press release that Balaran started filing summons and complaints against an unspecified number of delegates.

Denetsosie did not name the delegates but the Navajo Times obtained a list of the delegates and their charges from the court on Wednesday.

Balaran's special investigation also involved the discretionary funds of Speaker Lawrence Morgan (Iyanbito/Pinedale), President Joe Shirley Jr. and Shelly.

The discretionary funds are earmarked as emergency assistance for Navajo individuals who are in dire need of financial assistance and have no or very little income, such as single mothers, college and technical school students, elders, and families needing burial funds.

Balaran and Chief Prosecutor Bernadine Martin stated in the criminal complaints against the delegates that the minimum annual income of a delegate is about $65,000, which includes the $25,000 annual delegate salary and stipends for council meetings, agency meetings, chapter meetings and caucus meetings.

The Council was preparing to convene the fourth day of its winter session when council delegates were called individually by name to come to the south conference room. As soon as the delegate got to the conference room, police officers served them summons for arraignment.

Fourteen delegates were ordered to immediately appear for arraignment Oct. 21 at 11 a.m., 12 p.m. and 1 p.m.

The fourteen delegates that appeared before Perry on Oct. 21 were: David Rico (Pueblo Pintado/Torreon/Whitehorse Lake), Tim Goodluck (Houck/Lupton/Nahata Dziil), Hope MacDonald-Lonetree (Coalmine Canyon/Toh Nanees Dizi), Harry Claw (Chinle), Peterson Yazzie (Naschitti/Tohatchi), David L. Tom (Beclabito/Gadiiahi), Leonard Teller (Lukachukai/Tsaile/Wheatfields), Ervin Keeswood Sr. (Tse'Daa'Kaan), Cecil Frank Eriacho (Ramah), Harry H. Clark (Chinle), Raymond Berchman (Oak Springs/St. Michaels), Amos Johnson (Forest Lake), and Nelson Gorman (Chinle).

Johnson, who was granted a continuance of his Oct. 21 arraignment, said he was not guilty and emphasized that he was innocent until proven guilty.

He is facing charges of theft, forgery, conspiracy and fraud involving $9,750 in discretionary funds.

"The timing of the filing of these criminal complaints against delegates is political," Johnson noted. "What's interesting is that the original intent of the special prosecutor was to investigate OnSAT and BCDS and we haven't heard anything about that."

He looked at his fellow delegates, who were sitting outside the courtroom, and said, "This is clearly a character assassination."

Other delegates who were scheduled for arraignment on Oct. 21 but who did not appear because they were not served were Jim, Leonard Anthony (Shiprock), Danny Simpson (Huerfano /Aneth/Red Mesa), and Davis Filfred (Mexican Water/Aneth/Red Mesa).

On Oct. 21, Rico was the first elected official to be arraigned on conspiracy, theft and forgery charges involving $19,725 in discretionary funds, which he allegedly gave to himself and family members.

Rico pleaded not guilty and his pre-trial hearing was set for Jan. 18, 2011.

After Rico's arraignment, Perry noted that the arraignments would probably be as time consuming as Rico's because the complaints were six to seven pages and so she allowed most of the delegates to reschedule their arraignments.

Rico's arraignment took more than an hour.

Peterson Yazzie asked to be arraigned on his charges of theft, forgery and fraud and he pleaded not guilty on Oct. 21. His pre-trial is Jan. 18, 2011.

On Monday, Delegate Young Jeff Tom (Mariano Lake/Smith Lake) was the only one of 11 delegates that did not ask for a continuance.

After listening to Perry read him his rights, the theft complaint and his possible sentence if found guilty, Tom pleaded not guilty and asked for a jury trial and court appointed attorney.

Perry scheduled Tom's pre-trial hearing for Jan. 18, 2011.

After his arraignment, Tom said he wanted to ask for a "speedy" trial but he figured he better wait until after he got an attorney.

"I just want a fair hearing," he emphasized. "They have to prove I'm guilty."

The delegates that were arraigned on Monday and asked for a continuance, which Perry granted, were: Goodluck, Harry Williams Sr. (Coalmine Canyon/Toh Nanees Dizi), Orlanda Smith-Hodge (Cornfields/Greasewood Springs/Klagetoh/Wide Ruins), Andy Ayze (Chinle), Jack Colorado (Bodaway-Gap/Cameron/Coppermine), Leonard Chee (Birdsprings/Leupp/Tolani Lake), Lena Manheimer (Ts'ah Bii Kin/Navajo Mountain), Tom LaPahe (Tachee/Blue Gap/Whippoorwill), Joe M. Lee (Chichiltah), and Roy Laughter (Chilchinbeto/Kayenta).

Chee was sponsoring two pieces of gaming legislation before the council on Monday.

On Monday, MacDonald-Lonetree, who was represented by private attorney David Jordan, pleaded not guilty to her charges of conspiracy and theft involving $12,200 in discretionary funds. (See separate story)
On Wednesday, Delegates Jerry Bodie (Sanostee), Roscoe Smith (Crystal/Red Lake/Sawmill), Tommy Tsosie (LeChee), Bobby Robbins Sr. (Coalmine Canyon/Toh Nanees Dizi), Herman Morris (Naschitti/Tohatchi), and Roscoe Smith Crystal/Red Lake/Sawmill) were arraigned at 1 p.m.

Bodie, Tsosie, Robbins, Smith and Morris pleaded not guilty. Their pre-trial hearings were set for Jan. 25, 2011. Jordan represented Morris.

Gorman, a former speaker and former presidential candidate, will be arraigned on Nov. 15 at 1 p.m.

The Navajo Times was unable to obtain the arraignment of other delegates, who have been charged in the special investigation of discretionary funds.

Delegates that have declined to comment about their charges are: Kee Allan Begay Jr. (Many Farms/Round Rock), Williams, Smith-Hodge, Ayze, Colorado, Manheimer, LaPahe, Lee, Goodluck, Laughter, Bodie, Smith, Tsosie, Robbins, Smith, Keeswood, Eriacho, Berchman and Teller.

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