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JHS: Corruption in South Dakota

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  • victoryusa@jail4judges.org
    Judicial Horror Stories TO INFORM THE PEOPLE OF WHY WE NEED J.A.I.L. ______________________________________________________ Los Angeles, California
    Message 1 of 1 , Mar 11, 2006
         Judicial Horror Stories
      Los Angeles, California                                           March 11, 2006
      Disclaimer: We have been asked to post examples of judicial corruption as told by alleged victims thereof. We say "alleged" because J.A.I.L. cannot vouch for the authenticity and truth of these "horror stories" as we call them. They are merely the testimony of the writer to inform the public of examples of what is allegedly happening to the People in our courts today to show the dire need to make J.A.I.L. a reality. J.A.I.L. takes no position one way or the other of the personal views stated by the writer. Please understand that we cannot possibly post ALL testimonies we receive. For any questions or comments about the contents of the article, please direct them to the writer of the article, shown below. Do not burden J.A.I.L.'s already over-burdened email. Thank you. 

      Any questions or comments, email directly to:
      Janis Schmidt, janisschmidt@...
      Corruption in South Dakota
      As most of you know, on June 1, 2004, I was arrested, evicted, and jailed for a variety of reasons, the main reason was that I was writing about Arlo Looking Cloud and I was looking into the murder of Anna Mae and others.  The eviction was a way  to silence me.  But I returned, to form a civil rights org and to help Lakotas who found themselves falsely accused and being sent off. 
      It took me a year to figure out how to file a lawsuit, because no SD lawyer would touch my case.  Once I got the suit under way in Federal Court, the Tribal Pres. excluded me from the reservation.  But I returned 5 times and continued to teach and help people.  I was arrested 3 times and jailed twice. 
      I received notice yesterday that the judge has dismissed my lawsuit.  Then she ruled on the restraining order and denied it, so I cannot return home.  But I do have Barry Bachrach in my corner, and he assures me it isn't over, that we will come up with a plan to come back at them.  Judge denied because of sovereign immunity and judicial immunity. In other words, the tribal government will protect robbery, cover up for murder, evict and excluse a nonmember without a hearing, violate all the constitutional rights, and get by with it because they are sovereign.  But right now, I am sitting off the reservation, in a house I cannot afford, on welfare, which is not enough to survive, and denied the right to return to my only job.  Also, there is no more civil rights without me.
      After I was evicted, a half breed son of one of the conspirators moved into my house and took over my possessions, while my house was given to the one who was responsible for the eviction.


      1. I am employed byOglala Lakota College and was scheduled to teach 5 classes the Spring Semester as Adjunct Professor, meaning a salary of $8500 was lost, plus the College was unable to find instructors to teach the classes I had been assigned to teach, and my classes had to be canceled.


      2.  I had been removed from my home with Leroy Waters with whom I live as man and wife.  This was not only an injury to me, but an injury to Leroy, whom I cooked for, helped him cut wood, and doing the chores of making a home together, and most of all, just plain companionship has been denied us a life we chose to be together. 


      3.  I had absolutely no resources to suddenly live somewhere else.  I ended up living in someone else's home, my computer set up in their living room on a cardtable, in the middle of their daily lives.  I very quickly drained all my money, and was penniless, yet I had a lawsuit pending, and responses to be made.


      4.  Being forced off the reservation from my home, I had to leave behind my files and much of my paperwork.  Defendants had moved to have my case dismissed because I had not responded within the time limits.


      5.  I had not internet access since October, 2005 until February 4, 2006 .  Since I am pro se, I had very limited access to the law to be able to compose my arguments for my lawsuit, and therefore, my suit was denied because I did not fully understand how to present my evidence and what arguments to present.


      6.  I had just gotten out of the hospital, having had major surgery for a ruptured hernia, due in part from having to carry around a heavy computer and monitor and printer, and paperwork.  I had to work in someone's living room, suffering with the pain of surgery, without the care and comfort of my common law husband, under threat that my case would be dismissed.   Under the circumstances, as evidenced by my request for a restraining order, I did not write a very good request.  It was hurriedly done in hopes that I would be able to teach my classes.  Yet I failed to put this important factor in the request.  My thinking was not too good because I ran out of my diabetic medication, and did not have access to my supply which was back at my home on the Reservation.  Not taking daily medication affects one's ability to think straight, one's ability to remember things, as a diabetic.


      7.  I was finally forced to find a separate house to live in.  I could not go on living in someone else's house forever.  Because I could not return to the Reservation, I lost all my classes to teach.  I had to beg my exhusband to help me find a place to live, and I applied to social services for help, which is very limited.   I live in a house, rented, which I have to depend on others to pay the rent and utilities, or I would not survive. 


      8.  I am the civil rights leader and founder of Lakota Wawokiya Civil Rights Organization, registered with the State of South Dakota .  Many Lakotas were calling me at Leroy’s phone number on the Pine Ridge Reservation.  Because the civil rights were so new, the Org was not fully established.  Without me, people had no one to call, no one to help them.  I am sorely missed by many Lakotas who are being oppressed by the justice system, both U.S. Federal and State, and the Tribal government.  I sent the Court several examples of how I had helped Lakotas with their civil rights, which the Judge chose to disregard as too unimportant to mention.  She felt it more important to protect the Tribal government the right to exclude anyone they wanted to, for any reason or no reason, because to grant a temporary restraining order  would be “a great injury to tribal sovereignty”.


      9.  Most of all, I am deprived of living in my home, one that I helped build.  I am deprived of planting a garden and living a self-sufficient life, which is like income.  How do you think people survived during the Depression without money?  Now, I have been thrust into a situation where I must pay for rent and utilities instead of the choice of being able to provide these things for myself.


      10.  Immediate loss of address and phone number makes it very difficult to get a job, or continue any functions effectively, such as writing arguments for lawsuits and trying to survive or apply for assistance.  One’s life is greatly disrupted by just this fact alone.


      Janis Schmidt




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