California Tribal Faction Requests Court Intervention

Because some members of the Picayune Rancheria of Chukchansi Indians in California are not being paid their monthly allotments, one of three factions vying to control the tribe have requested that a federal judge appoint a receiver to make the payments.

One of three factions fighting for control of the Picayune Rancheria of Chukchansi Indians in California has requested that a federal judge appoint a receiver to ensure that all tribal members are paid their monthly allotments from the tribe’s casino, which remains shuttered.

Previously Judge Lawrence J. O’Neill ruled that all tribal members enrolled as of 2010 were entitled to the stipend. However, the Reid faction contends that 70 tribal members who fit that qualification have not been paid. Morris Reid has requested that the “unification council” that is supposed to be making the payments be bypassed and a receiver appointed to carry out the order.

The Reid faction claims that some members have been paid while others have been passed over.

The tribe is scheduled to have a general meeting on January 24 to discuss the per capita payments. Some members say they are afraid to participate for fear of being singled out and their payments revoked.

Judge O’Neill has scheduled a February 11 hearing to determine whether the Reid allegations have merit and require action by the court.

The tribe’s casino was shut down in October 10 after one of the feuding factions made an armed raid into the casino to try to obtain financial documents. Several of those persons have been prosecuted in connection with the raid. They have been charged with a variety of crimes, including kidnapping, false imprisonment and assault.

Meanwhile in the Madera County Superior Court where the 15 defendants have been charged, one defendant was able to get the first judge disqualified from the case and the case moved to another courtroom.

Lawyers for one of the defendants said they felt that the first presiding judge, Mitchell Rigby had unfairly set bails too high. Judge Rigby agreed to move the case. Judge Dale Blea is now in charge. One of his first actions was to allow one of the 15 defendants, Miguel Ramos, released on his own recognizance and his $500,000 bail dropped.

An attorney for nine of the defendants stated, “I was really concerned that this judge (Rigby) made up his mind and completely disregarded the background of our clients. All we are asking for is fairness.”

Some defendants claim that they are immune from prosecution because the incident took place on tribal land.