Therapist ready for tribal council

Prunedale man still contesting leadership of Esselen nation

By Sukhjit Purewal

Herald Staff Writer

With a legal rift between two factions of the tribe presumably resolved with her election, the newly elected chairwoman of the Ohlone/Costanoan Esselen Nation said she hopes to refocus attention on the tribe's quest to gain federal recognition.

Cari Herthel, a massage therapist, describes herself as a healer and a peacemaker.

Herthel, 52, has spent her life on the Monterey Peninsula.

"I have been groomed and supported with all my experience for leadership," she said.

But not everyone is ready to recognize Herthel's title, including former council treasurer Phil Greene.

"She got a third of the votes," Greene said Tuesday. "I don't think the people are behind her."

The Prunedale man added that he and other tribal members are still awaiting a reply on communications they sent to the Monterey County Superior Court and the Conflict Resolution and Mediation Center of Monterey County concerning the results from the August tribal council election.

Herthel declined to respond to Greene's comments and referred questions to attorney Kathleen Clack.

"We understand that he (Greene) has his own opinion," Fresno-based Clack said, "however she (Herthel) was the clear victor."

Feuding between tribal members traces back to at least early last year, when the Esselen Nation announced the leadership had splintered along allegiances to Rudy Rosales, the former chairman, and Clovis resident Duane Thielman. Herthel, who served on the leadership council, was firmly in the Rosales camp. Greene was aligned with his cousin, Thielman.

Neither Rosales nor Greene could be reached for comment Tuesday.

Thielman's camp accused the Rosales-led council of incompetence, financial mismanagement and abuse of tribal rules.

The two sides operated as separate councils for a short while.

Rosales' group sued, demanding the return of tribal property and records, and $200,000 in damage. The group also sought an injunction to prevent Thielman's group from operating as the Esselen council or communicating with members about the disagreement.

In May 2004, Judge Robert O'Farrell granted the preliminary injunction. Thielman's group followed with a countersuit in late summer just as the Rosales group was holding a new council election.

Early this year, the two sides agreed to a court-ordered mediation. With the assistance of retired Superior Court Judge Richard Silver, the two sparring factions agreed to hold an election overseen by the county's Conflict Resolution and Mediation Center in August. Greene was defeated in his bid to be elected again as treasurer and Herthel took over the reins of leadership.

The tribe's legal squabbles have overshadowed its efforts to gain official status from the federal government. Federal recognition would entitle the tribe to financial assistance, including health care, scholarships and housing assistance. It would also entitle the Esselen to a chunk of Fort Ord property, 45 acres at East Garrison.

Herthel believes the court action actually benefits the tribe's struggle for recognition, pointing to specific language in the findings of a legal decision signed by Superior Court Judge Susan Dauphine.

"The court finds that for, by, and through the Resolution Agreement, the Ohlone Costanoan Esselen Nation... has spoken, retaining Tribal sovereignty within the tribe."

Recognition by the Monterey County Superior Court that the Esselen Nation is a sovereign tribe, she contends, will help its case with the federal government.

"It's a victory of the people," Herthel said, "a victory of the process."