AN OPEN LETTER TO THE LAWYERS FOR THE COUNTIES IN THE LAWSUIT Between the Sand Hill Band of Lenape and Cherokee Indians VS. the State of New Jersey , etc. by a taxpayer who happens to know what the hell is going on.
(NOTE: This is a letter to the lawyers representing the 21 counties . Please be very careful on how you respond to this article as it may exacerbate the situation. This is no longer being considered frivolous and it never was! It just became very real for all of the lawyers and the Attorney General attending the preliminary hearing on Tuesday!)
Dear Lawyers involved:
For expediency, the Sand Hill Band of Lenape and Cherokee Indians will be referred to as just the Sand Hills in this letter to you.
On April 21 there was a preliminary hearing between the Sand Hills, approximately 30+ lawyers representing the 21 counties; and the Attorney General representing the Governor, Secretary of State, and the Native Indian Commission.
The Sand Hills had been instructed not to bring anyone who wasn’t connected to the case to the hearing. Just the Lawyers, AG and the Sand Hills were to be present.
Question: Why was a reporter from the Star Ledger present when it had been stressed that only the parties involved were to be at the hearing? The reason?s very simple: Because the State knew that the Sand Hills would have brought their own people to cover the story and (allegedly) the State doesn’t want that.
Understand there?s been an alleged blanket of silence request with the media by the state and/or federal government on this story. There?s been an alleged attempt for the State to BLOCK all news coverage by assuring the reporters and TV networks that they have this under control and that this is a frivolous case. The case not only encompasses 13 counts that call into question constitutional issues, but now a new case will eventually be filed for violation of the first amendment rights guaranteeing freedom of speech, press, etc in the US Federal courts, the United Nations, and in the World Court.
Please be aware that the reporter represents a paper that has allegedly committed libel and a great distortion of the truth pertaining to the Sand Hill Band of Lenape and Cherokee Indians and to matters surrounding this case, and if found to be true in a court of law, his paper will be sued for millions of dollars in damages. This reporter will be called to testify during the Federal proceedings regarding this lawsuit because of things he allegedly wrote about in his article. The Sand Hills will want certain information. He will refuse, and will go to jail. That is a guarantee. The Attorney General will not be able to protect this reporter.
You should understand one of the reasons for the reporter?s presence was because the State allegedly wants to be able to say that it?s allowing coverage, while at the same time controlling what gets printed so that the public doesn’t know what?s really happening. If the public knew, this case never would have gone this far and would have been negotiated quietly behind closed doors. However, if the State allowed more than one paper, or other people who would report on what happened to be present, the State wouldn’t be able to control what?s written and/or what?s uncovered. Nor would it be guaranteed that the coverage would be in a positive light for the State.
However, this lawsuit is a far more serious case then what some of you may have been lead to believe and you are beginning to comprehend that fact as a result of what occurred on Tuesday.
You must be made aware of the fact that the State thought that the Star ledger?s headlines on Wednesday would be a continuation of the alleged distorted and libelous piece it did weeks ago and would have read ?The case of the Sand Hills vs. the State has been exposed as nothing more than a frivolous case as Tribal representative cannot justify his stance and/or his tribe?s.?
You, as lawyers, are aware the headline now reads more like ?Sand Hill representative, who is not a lawyer stands tall against the Attorney General and approximately 30+ lawyers. Knowledge of statutes, laws, and having evidence allegedly implicating the Attorney General and Richard Codey of complicity entered in federal record. Mr. Stacy did state that he had evidence proving that the Attorney General and Richard Codey were complicit in this case, along with the Governor and Secretary of State, and is ready right now to go to discovery?story continues on page 2?
This is a case which now involves 13 counts, alleged complicity, alleged violation of constitutional rights, and the fact that none of you have any idea as to what to do has already cost the taxpayers approximately 1 million dollars to 21 million dollars. This is according to one lawyer who had announced that fact at the hearing. (I hope he meant that combined all the counties have spent one million and not that each county has spent approximately 1 million). By the end of next month the tab may be doubled.
So here are some helpful insights and hints to help you protect your counties, should you decide to do so.
You are all cross suing one another and pointing the finger at each other. You are pointing in the wrong direction.
1) Why was there a reporter present (allegedly who is favorable to the State) when the Sand Hills had been told that only those involved in the case were permitted in the Courtroom? Why weren’t the Sand Hills notified that press would be permitted, therefore the hearings were opened to the public? I just can’t let that go- that is a real violation of freedom of speech and the press! That?s more serious than this lawsuit.
2) The Governor and Secretary of State etc are being sued as de facto and as individuals. We all UNDERSTAND that the STATE cannot be sued. Only counties, towns, and cities. So why would the State want all of you under one umbrella, all joined together in a common cause? Why would the State want this when the end result is that you are ALL going to be hung out to dry? It has SOVEREIGN IMMUNITY FROM PROSECUTION for goodness sake! The really frightening thing about this was that maybe 6 Lawyers who were present realized that something wasn’t kosher. That means that the lawyers who were representing 6 counties heard something being said about joining together under the State that put up red flags for them that the other 15 COUNTIES lawyers missed. To the lawyers of the 6 counties- did the lawyers from the other 15 counties ever call any of you to find out what caused the six of you to react the way you did? Even though all of you decided to defend yourselves separately for the time being.
3) The Attorney General asked for an extension on Discovery even though Mr. Stacey was prepared to present his evidence right then and there. Remember AG?s words were that she didn?t even know what she was going to ask for, only that she wanted that extension? Why would someone say that unless, (hypothetically and allegedly speaking of course) they already had an idea of what was in those documents and needed stalling time at the expense of the taxpayers, and realized that things weren?t going quite as the State had expected as a result of what was occurring in that courtroom last Tuesday? As attorneys who have been asked to join under the State?s umbrella, you might want to DEMAND discovery of what the State has in its possession and/or what knowledge does the State have that you are not privy to that just might substantiate the Sand Hills claims before you go for discovery against the Sand Hills. Does the AG have DNA evidence going back over 1500 years? Oh, you didn?t know about that, did you? (It must have slipped the AG office?s mind). Does her evidence match drop by drop, statement by statement, document by document? Does she have over 1500 pages of proof to contradict what Mr. Stacy and the Sand Hills are claiming, that is not based on ?borrowed? (that?s tongue in cheek) history that contradicts what the Federal Government and undisputed experts have stated? Will the State be able to prove that its Indian Experts who are Indian are Indian- blood drop by blood drop? Will these Native Americans have 1500 pages of documentation proving their claims? Will the state have experts backing up their Native experts who are natives? Yes? No? If it?s Yes, then we (lawyers) demand those documents? No! Then what the heck are you doing and what are you involving us (lawyers) and the tax payers in? Lawyers- You might want to think this one out- Doesn?t that sound familiar- sort of what the Judge was saying, isn?t it?
However, all of you might want to hear the videos on Blue Jersey of Mr. Stacey?s presentation in front of the Indian Commission and hear for yourself that he has 1500 pages of documentation backing up his claims. It?s an interesting video. If any of you have any inkling of factual Native American history pertaining to NJ, the makeup of traditional tribes, and the way they are really established and set up, you would definitely know that something really isn?t kosher after listening to these videos- I?m not telling you what, ladies and gentlemen, only that you better do some heavy research into what the State?s up to.
What you?re unable to see in the video, are the five to seven lawyers from the AG?s office who were present when all of the documentation was presented. Her office has been somewhat compromised because her lawyers are witnesses to the claims and counter claims being made. Oops, the AG?s office didn?t tell you that!
So let?s see what we?ve got! We have 13 Counts, STATE IMMUNITY; alleged complicity on the parts of the Attorney General and Richard Codey with documentation showing proof, and that statement of having proof has been entered into the hearing transcript by Sand Hill representative, as well as judge?s response; extensive documentation; alleged violations of constitutional rights, compromising of the AG attorneys, and alleged manipulation of the press? That?s a lot of stuff for a nonsense lawsuit.
The question needs to be raised that since the AG’s office is allegedly complicit with the case and is aware of the case, how can she represent the Governor or anyone when she, herself is subpoenable? The second question is how can she, being the AG, a representative of the State defend Gov. Jon Corzine and Secretary of State Nina Wells in a private matter since they are being named as individuals in this suit as well as de facto. Are all of the lawyers for the counties agreeing that the taxpayers should pay for the individual defense of the Governor and Secretary of State? Isn’t that against the law and shouldn’t the US Attorney General investigate the NJ State Attorney General’s actions of privately defending the Governor and Secretary of State with Taxpayer monies? What do you think, guys? I’m not a lawyer, just a taxpayer asking a question.
Why didn?t the AGs office share all the information she had before the first preliminary hearing so that all of you were better prepared? I have to ask this again- If this is so frivolous, why not invite all the press? Why only the one paper that?s allegedly printed a distorted misrepresentation of the case which has exacerbated the situation even more for all of you to a hearing that the Sand Hills had been told was closed to anyone not affiliated with the case. What?s that about?
I am hoping that you?re beginning to see the picture. Please read the documents that have been posted on blue jersey regarding the bifurcation. The Sand Hills are not playing and have had years of preparation for this lawsuit.
So far the cost for the Sand Hills has been only hundreds of dollars because of all the filings they have had to do, gas, and lunches. Cost for the Taxpayers approximately 1 million dollars and climbing (or 21 million if each county has spent 1 million dollars on lawyers).
One more little note: Don?t you wonder why the Sand Hill representative is prepared for everything you throw at him? Were you all thinking and/or had been told that he?s just one of those Indians- and that he wasn?t what he was claiming to be? Hmm!
Understand this and understand it well. All the racial epithets that were being thrown around prior to walking into the courtroom by some lawyers directed towards Mr. Stacey doesn?t help any of you! Those remarks weren?t funny and illustrated the racism that the Sand Hills have been and are confronting.
Those actions have only harmed your ability to negotiate on behalf of the county you?re representing because none of you stepped up to stop it!
One more thought- The Judge asked if any of the lawyers wanted to speak (negotiate) with Mr. Stacey to resolve this issue. You were all adamant about not doing so. Let me say that “egotism is the anesthesia that deadens the pain of stupidity!” You have already spent probably “21 million dollars?” collectively, how much more are you going to spend of the taxpayers money before the Federal Government turns its eyes to NJ and removes your right to negotiate? Oneida vs Oneida- 1985- I think the Judge was trying to tell you something.
Also you do realize that if the tribe is separated from its representative it will appeal, in which case the state defendants will have to fight in two federal courts- one in Philly on appeal and one in district. You know that whoever loses in Philly will appeal to the Supreme Court- therefore, you will be needing multiple lawyers to cover the multiple cases being held in the multiple courts- district, appeals and supreme courts. Are the defendants ready to incur that expense ?And all of this because none of you want to talk with Mr. Stacey? MMMMM
You know what to do from here. Have a good day!