Former controller faces new charges

WINDOW ROCK

Former Navajo Nation Controller Pearline Kirk isn’t out of the woods just yet.

On Friday, the announcement of new charges filed by the Navajo Department of Justice against Kirk came after her attorneys David Jordan and Justin Jones held a press conference claiming the attorney general, the chief prosecutor, and special prosecutor all committed perjury.

Jordan said Kirk, who was the controller from Feb. 13, 2017, to May 19, 2021, at the time was responsible for the administration of the Coronavirus Aid, Relief, and Economic Security, or CARES, Act funds, which Congress approved in March of last year.

Approximately $715 million was delivered to the Navajo Nation.

The CARES Act set aside $8 billion in emergency aid for tribal governments.

The original court documents, which were dismissed, contend Kirk allocated more than $3.1 million of the first round of the CARES Act funds to hire an outside COVID-19 testing contractor, Agile Technologies Group LLC, which apparently did not exist before March 2020.

According to a Dec. 6, 2020, press release from the president’s office, the Navajo Department of Health was already working with two other COVID-19 testing companies – PAE, or Pacific Architects and Engineers, which the tribe paid $50 million to create alternative care sites. The sites allowed people who tested positive to isolate at one of the locations to prevent the spread of the novel coronavirus.

Agile was selected to provide COVID-19 safety services during first lady Jill Biden’s April 22 and 23 visit to the Navajo Nation, according to an April 22 press release.

Company conducts testing

The company conducted antibody and antigen testing, used portable air purifying devices to disinfect the air inside the museum, provided N-95 masks, well after its contract, which, according to previous court documents, ended on Dec. 30.

Agile also conducted testing on April 19 at the Council Chamber, which Legislative Communications Director Alray Nelson confirmed. A photo taken by the Navajo Times on April 19 shows an Agile employee testing Delegate Eugenia Charles-Newton and Speaker Seth Damon getting tested.

On Friday, Jordan refuted the claim and said it “put a very sad exclamation point” against Kirk.

“The Navajo Nation, through the attorney general, prosecutor’s office, and the chief prosecutor and the special prosecutor, have accused my client of crimes in so doing, they have committed perjury,” said Jordan as Kirk sat next to him.

Jones later chimed in and reiterated in Navajo what Jordan said.

“Jó kweʼé éí yoochʼííd bił baa ndeeshgiizhgo naaltsoos yaa nidadziznil lá,” Jones said about the alleged perjury. “Jó akótʼáo baa nitsáhákees.

“Kojígo yeeʼ dah hayoochʼííd lá. Kojígo yeeʼ honidaʼazloʼ lá. Kʼad éí baa nitsókees doo shikʼéí dóó shidinéʼé,” Jones said. “Tsʼídash haʼátʼíí ííyisíí bichʼąąh nidaʼjiłhxaał éí yoochʼííd yaa dajiiyį́. Bidínáá kóneʼé díí kǫ́ǫ́ diné bikʼíhdahodzisʼah.”

Jones asked if the tribe was playing games.

“Yáadilá óolyé. Haash yitʼáo baa neikai díídí,” Jones said. “ʼÓólaʼ doo tsíkʼehdah tʼóósh ndeiʼné? Jó ílį́ shikʼéí dóó shidineʼé.”

Perjury likened to Txééhoołtsódii

Jones compared the alleged perjury to the coyote story where it took Txééhoołtsódii, the Water Monster’s children. Since winter is here, Jones said it’s OK to talk about it.

“Kʼad éí mąʼii joodloshí baa dahaneʼ,” Jones said and shared the sacred Navajo story t’áá Dinék’ehjí.

“Ałkʼidą́ą́ʼ mąʼii ahódzaa hxaníineʼ. Shą́ąʼ kodóó éíya éí Txééhoołtsódii biyázhí shíí néídiiłtxį́o shį́į́, áádóó shį́į́ ntʼę́ę́ʼ éíshį́į́ ataʼyoołtxį́o shį́į́, Jones explained. “Jó ntʼę́ę́ʼ bóhólyaa shį́į́. Ntʼę́ę́ʼ txǫ́hée deeʼ adíneesʼąąd, jiní. ‘Dooládóʼ doodada heii. Haalá hootʼįįd?’ Haʼnóó.

“‘Biniinaadoo bíighahdah heii. Díí kʼad kodóó dóó kojįʼ hadiidił,’ haʼnóo, lókʼaaʼ biiʼjookaigo índa éí kojiʼ éí áájígo ił haneesą́,” he said. “Jó ndéí éí áádi hajiskai ntʼę́ę́ʼ, ‘Haʼatʼíílá háálá hóótʼįįd lá, heii?

“Niléí hastxiin haʼtʼííshį́į́ neinłʼin,’ haʼnóo,” Jones added. “Jó ndéí dazhnééłʼį́į́ ntʼę́ę́ʼ, mąʼii Txééhoołtsódii baʼáłchíní kǫ́ǫ́ yeeshjaaʼ lá jin. ‘Doo akótʼéedah heii dooda doodago íntʼį́,’ bidiʼnóo, Éí bigháá dadzisnil dóó Txééhootsódii yée biyázhí baa náʼnil. Jó áko éí akótʼé.”

Jones said the story of taking the Water Monster’s children created consequences similar to the tribal government accusing Kirk without hard proof.

“Éí biniinaa ʼááháʼní: Haʼtʼíída nazhniłʼingo dah baa jíchįʼgo éí the consequences is enormous. In this case from the third to the fourth world,” Jones said. “Éí éíya éí txóóhígíí haʼneesʼąądahgo kʼasdą́ą́ʼ txínihiilaa. Jó éí biniinaa baa hastxiʼ. Háída bikʼihozhdiiʼą́ąʼ binahjįʼ bikʼihodiiʼaahii kóónínííł jó ahótʼáo bee hazʼą́ éí.”

Hidden figures

Jones asked what the tribe was hiding.

“Haʼtʼíísh nidazhniłʼin? Attorney General’s Office, prosecutor’s,” Jones said. “Office of the President, Navajo Nation Council, haʼtʼíílá ndanołʼin? Haʼtʼíísh nidanołʼingo díí kweʼé naaltsoos baa danohchiįʼ? Jó áhótʼé éí ahxaniiyé.”

The latest claims come after the two charges of abuse of office and unsworn falsification that Kirk was facing were dropped on Nov. 26.

Kirk has been charged with obtaining a signature by deception, paying or receiving Navajo Nation government funds for services not rendered, and unsworn falsification, according to the Navajo Department of Justice statement.

The Dec. 3 statement alleges Kirk falsified and distorted the facts, which misled and deceived tribal officials into approving a contract for over $3 million to hire Agile that served approximately 110 employees of the controller’s office. The DOJ further alleged roughly $27,000 was spent to help each employee.

“Kirk’s actions allowed the unaccredited COVID-19 testing contractor to conduct COVID-19 testing and other related services for the Nation,” the DOJ statement reads, “jeopardizing the health, safety, and privacy of the Navajo people and expending approximately $3 million in Navajo Nation funds in the process.”

Kirk’s attorneys said the signature needed to approve any official tribal documents required the signature of the tribal president: Jonathan Nez.

“My client did not sign the contract,” Jordan said. “The president of the Navajo Nation signed the contract. And I have a copy of the contract with me where you can see the president signed the contract.

“Not only that, it’s not the controller’s job to sign contracts on behalf of the Navajo Nation,” he said, “it’s the controller’s job to ensure that there’s fiscal accountability, that when monies are being encumbered by the Navajo Nation, that they follow federal and tribal laws.”

Before concluding, Jordan said the Law and Order Committee and the Ethics and Rules office should investigate if perjury was committed and if the Ethics and Rules Act was violated.

He also said a special prosecutor should be hired to investigate the Attorney General Doreen McPaul and Acting Chief Prosecutor Brandon Bitsuie.

The Navajo Nation Council voted to remove Kirk in May by a vote of 13-10. The DOJ statement did not indicate if the tribe would be seeking restitution, similar to the amount indicated in the previous court documents.

The case would be handled by special counsels Charlie Galbraith and Krystalyn Kinsel of Jenner & Block.

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