My name is Henrietta Bedeau,

 

I am the grandmother of Aaliyah Iron Cloud born to my daughter Shalene Iron Cloud whom are both enrolled members of the Oglala Sioux Nation of Pine Ridge, South Dakota. The father of my granddaughter is non native and we are presently in a court system in Clearwater County in Bagley, Minnesota fighting to keep parental rights for my daughter’s child. When my granddaughter was born, the father denied that the child was his, and did not make an attempt to see the child or sign her birth certificate as her father. He did not in fact claim the child and DNA test proved he was the father and the court adjudicated him as the father, and ordered him to pay child support. Since that court order (the child is now 2 years old) we have been in a constant court battle over custody and he was awarded joint custody of the child even though he and my daughter were never married and he had a prior felony drug conviction for using Meth and other numerous incidences of breaking the law. His family is financially well off and have hired a lawyer by the name of James Fisher. During all court proceeding we have not really had a say in the decisions that are being made by the presiding ninth district court, judge Rasmussen, who seems to agree to every request made by Mr. Fisher and his clients without hesitation, and without even asking if my daughter has any opinion on the matter; in fact it is as if my daughter is not even present in the court room. Furthermore allegations that are made against my daughter by Mr. Fisher and his clients are not questioned and are in fact, seemingly taken as the gospel. When we try to respond with witnesses or answer to the allegations made against my daughter, our statements are dismissed and not taken seriously, even though we have had several witnesses to attest to the lies that are alleged. We feel that our civil rights and our right to equal treatment and due process under the law are being violated and are being racially discriminated against. We have not been afforded the same equal rights under the judicial system, nor has the judge in this case acknowledged that my granddaughter is an enrolled member of a Federally Recognized Tribe whom I think should be represented under the Indian Child Welfare Act even if her father is not a Native American. I feel that the Judge Rasmussen is well aware of the fact that my granddaughter is an enrolled member of a tribe or at least a descendant from prior knowledge of my children in the Clearwater County Courts. To date Mr. Fisher and his clients have alleged statements from witnesses stating my daughter has deprived his client of his parental rights and has had my granddaughter in his home since November 11, 2006 through December 4, 2006 at which time we went to court over the following charge made against my daughter and without returning the child to her mother for her parental rights and has not been ordered to by the courts and has not been charge with a felony crime as my daughter was for the alleged same offense. We have file a compliant with the Bagley Sheriff  Department, but apparently we have no case and to date no charges are pending against the father for depriving my daughter of her parental rights from November 11 through December 4, 2006, now is this equal treatment with equal rights under the law with due process. What might I ask separates our rights to equal access, what is the determining factors, could it be that we are not wealthy or prominent members of the Bagley/Clearwater area or cannot afford a prominent well known lawyer in the Clearwater County Court system or could it be that we are Native Americans? We need answers, we need help!!!!!!!!!!! Of course there are numerous additional facts to this case that are too enormous to continue to address that include reports to the Clearwater County Human Services Agencies, such as child protection reports, photographs and police reports, so we are asking for help to resolve what we feel is an injustice that has caused our family tremendous stress, emotional pain, physical separation from Aaliyah, duress within the justice system and other Clearwater County Agencies, as well as created a hardship and burden on our whole family. Is there anyone out there interested in our rights, we are open to the media for any additional information about this case. We need your help!  “When will it happen to” not “What If this happens to” your daughter/granddaughter?  ARE HAS IT ALREADY OCCURRED?  We feel that as Native Americans in this instant, we are still being mistreated by the government whether it is represented by the county, state or other officials in power. We need the help of the Native American Communities and the American Bar Association of Lawyers, to address this unfair, unequal treatment of Native Americans’ in the United States Court Systems and the Unethical Practices allowed in the court systems by this state within this county in Minnesota. Are we not also, American Citizens protected under the United States Constitutional Rights and have we not the same Equal Rights Under the Law and also suppose to be Protected Under Federal Laws as well?

 

Henrietta Bedeau

15328 county 39

Bagley, MN. 56621

Enrolled member of the Minnesota Chippewa Tribe

Contact at 1-218-657-2632 after 5:00 p.m. for any additional information as needed.

 

 

December 19, 2006

TO: The Judicial Review Board

 

From: Shalene Iron Cloud

           4622 16^th Ave. South

           Mpls, MN. 55407

            Henrietta Bedeau

            15328 County 39

            Bagley, Mn. 56621

 

In Reference to Clearwater County Ninth Judicial District Court

113 Main Avenue North

Bagley, MN. 56621

Presiding Judge: Paul Rasmunssen

Court Case File Reference Numbers 15-F9-04-050110: 

 

Dear Sirs:

 

We would like to file a formal compliant against the presiding judge in this court case. We are enclosing the court orders and other documents that have been given to us by the Clearwater County Ninth Judicial Court, located in Bagley, Minnesota with additional documents that we provided that include signed statements stating the continued drug use of Meth. This particular court case started with the compliance of the Minnesota Law requiring child support for my granddaughter Aaliyah Iron Cloud, who was born on May 2, 2004. We have endured duress under the jurisdiction of the judicial system in the county of Clearwater, under Judge Rasmunssen. We feel we have been discriminated against because of our race and our rights under the United States Constitution have been violated under the law and justice system.  We are presently in a custody battle over the above named child whom happens to be my granddaughter and an enrolled member of the Oglala Sioux Tribe of South Dakota and domiciled to the White Earth Reservation in Minnesota where I am enrolled and where my daughter Shalene Iron Cloud had resided since she was age seven. Further Shalene Iron Cloud, residing in Bagley, MN. For less than one year when she became pregnant with the above named child and was still domicile to the White Earth Reservation.

 

The presiding Judge Paul Rasmunssen is aware that Aaliyah Iron Cloud is an enrolled member of the Oglala Tribe, located in Pine Ridge, South Dakota via of previous court documents and recent enrollment documents

that were faxed to him.

 

Recently Judge Rasmunssen, give the father temporary custody of the child without providing any visitation rights to my daughter, enclosed you can review this court order, to this date January 25, 2007, my granddaughter has not been allowed to see her mother in over three months, yet the Clearwater County Prosecutor continues to charge her with violating the father parental rights, yet no mention of her parental rights are being addresses or any of our concerns. Recently within the last two weeks the father has been tested for drug use and tested positive for THC, yet he still remains in custody of the child and nothing has been done about this violation as stated in the last court order: that each parent while having the child in his or her care shall remain alcohol and drug free. Again he the father has not been charge with violation of the court order or in contempt of court. In reviewing the documented police reports that are enclosed, please take note that in reports and complaints made by my daughter to the Bagley Police and Sheriff Department, informing the officers that the father failed to return the child to my daughter prior to this present court case, nothing was done as we were informed that they had no jurisdiction and the matter would have to be brought back to court to be resolve and but no charges were ever made against the father by Clearwater County, yet they have wasted no time in filing a felony charge against my daughter for moving to the Twin Cities to attend school to enable her to receive training to secure gainful employment that would enable her to support her and her daughter without depending on welfare or the child support that the father had been in arrear of since March 2006, stating he was unemployed and could not pay child support, which caused a great financial burden not only on my daughters ability to maintain her own household but to adequately provide for her child’s needs without my help, ( but again the County Official were able to accommodate the father and his family in this matter) and file charges against my daughter. Again without any means of employment the father has out of the blue somehow come up with almost $4000.00 in back child support that was paid as recently as December 2006 and yet still claims to be unemployed.

Furthermore I am notifying your court that I have also contact the Paul Bunyon Drug Task Force to inform them of the father’s use of the illegal drug as well as the documented statements of his dealings and selling this drug while he has the child in his home.

 

Also we have contacted Audrey Thayers of the Watch Group in Bemidji, Minnesota on racial discrimination in the court systems and they have an open case status on my daughter and her case.

The American Civil Liberty Union Organization has also been contacted and they are looking into the case and are planning to review the files.

 

This formal compliant by daughter and myself states that she has been denied due process under the judicial system, her civil rights have been violated and she has been discriminated against in the Clearwater County 9^th Judicial System and the Clearwater Human Service Child Protection has failed to protect her child against neglect, emotionally and physically and have allowed her to be expose to unsafe and harmful environment conditions that are not healthy and the child has not been protected the Indian Child Welfare Act that is suppose to take president in cases involving Indian Children whether they are enrolled or have Indian Heritage or by the Indian Family Preservation Act..

 

We would request that the proceeding of this case be moved to Hennepin County Court System, where the family is not known and has no social ties to the elite class of citizens in the Ninth Judicial Court System and will not receive preferential treatment from the Ninth Judicial Court, we hope that your board of review judges will consider this request, as we feel that this is the only way that my daughter will receive an un bias and fair trial and uninfluenced custody determination.

 

I pose this question: Is it common practice for a presiding Judge, in a custody order: To put a clause in the order that limits the person constitutional rights. Reference to the clause in the first custody order that stated my daughter had to use the fathers’ mothers’ day care for child care if she should work or attend school, although the Judge was aware that the only colleges were located in other counties and that my daughter was intending to move to that county and did not at that time possess a car or a drivers license thus creating a hardship on her as well as a financial burden?

 

Please review this enclosed records: The next court hearing is scheduled for February 9, 2007. We are not asking for special treatment only fair un bias treatment under our constitutional rights as afforded by the law. Please help us resolve this racial discrimination that is occurring and has been occurring in this county for decades.

 

In case I failed to mention the fact that the father has a previous and prior conviction of drug use and tested positive of Meth use when he was on probation with Lyn Schorder, the adult probation officer at least twice and has prior conviction for auto theft and taking teenagers across the state line, yet has never served time in prison although he violated a condition of his probation and court order for which he had five years hanging over him and yes all by the same presiding Judge.

 

I have also enclosed a copy of a letter that I have sent and will be sending to all media representatives and I will continue to address this matter until our voices are heard and we get equal justice.

I wish to express how greatly I appreciate the review of this matter and wish to thank all of your Board of Judges for their time and consideration.

       

 

 

Respectfully,

 

 

 

Shalene Iron Cloud

 

 

Henrietta Bedeau