trial Archives - Tulalip News

Trial of school shooter’s father focuses on protection order

By Rikki King, The Herald

SEATTLE — A Tulalip woman on Tuesday testified that, in 2002, she urged her tribal police officer husband to serve a protection order against Raymond Fryberg as soon as possible.

The protection order was for the woman’s sister.

Her late husband, Jesus Echevarria, left home with the documents and came back with the return of service, said the woman, Heather Gobin, 39. The two families lived in the same neighborhood.

A Tulalip tribal court judge also testified Tuesday that he saw the return of service — proof that someone has been served – and could not have taken any action in the 2002 proceedings involving Raymond Fryberg without that paperwork.

Fryberg’s lawyers maintain that he was never served with the protection order and therefore had no way of knowing that he was prohibited from owning firearms.

His trial in U.S. District Court in Seattle this week is focused on whether Fryberg illegally possessed firearms at his home on the Tulalip Indian Reservation. The jury won’t be told that Fryberg’s son, 15-year-old Jaylen, last fall used one of the guns to shoot five of his friends, killing four, before taking his own life in a cafeteria at Marysville Pilchuck High School.

The Frybergs gave police permission to search Jaylen’s room hours after the shootings.

Investigators returned days later with a judge’s permission for a more thorough search. About 200 photos were taken during that search, and some of the images show guns stored throughout the home, including at the foot of the defendant’s bed, Assistant U.S. Attorney Bruce Miyake said in his opening statements Tuesday morning.

Fryberg’s lawyer, John Henry Browne, promptly asked for a mistrial. He said even describing the guns would prejudice the jury. He also renewed his request that the trial be moved out of the area because of publicity about the high school shooting.

“I still think we are in a situation where the tragedy at the high school has infected, more or less, this trial,” he said.

Judge James Robart denied both requests, saying the move for a mistrial was “not a sensible argument.” It is clear in the pictures that guns were unsecured, some leaning up against the walls, Robart said. Because the case is about the possession of firearms, the weapons are “clearly relevant,” the judge said.

Fryberg acquired 10 firearms in the years after the protection order, Miyake said. The tribal protection order was never entered into a state database. That meant Fryberg was able to continue to purchase guns and obtain a concealed pistol license despite undergoing background checks.

“The defendant slipped under the screen,” Miyake said.

When police searched the home last year, Fryberg reportedly told an FBI agent that he had been served with the protection order in 2002, but didn’t pay attention to the questions in his background checks to get guns, Miyake said.

The defense maintains Fryberg never was served. Moreover, the background checks and gun purchases — more than a dozen interactions with authorities in all, including tribal hunting trips where his name was checked by game wardens — led Fryberg to believe he was allowed to keep guns, Browne said.

After her sister filed for the protection order, Heather Gobin kept an eye out for Fryberg so he could be served, she said.

She told her husband, the police officer, “It was the most important thing we had to do,” she said.

On Tuesday, she said she recognized her husband’s handwriting on the form that was filed in tribal court. The document said Fryberg had been served.

Fryberg faces up to 10 years in prison if convicted on all six counts of illegal possession. He is expected to testify.

Justice Long Denied Comes to Indian Country; First Post-VAWA Trial Set

Tanya Lee, Indian Country Today

The Pascua Yaqui Tribe in Arizona is making history. Nearly 40 years after the U.S. Supreme Court ruled in Oliphant v. Suquamish Indian Tribe (1978) that American Indian tribes did not have jurisdiction over non-Indians who committed crimes on reservations, the Pascua Yaqui are preparing to try as many as 10 non-Indians alleged to have committed domestic violence crimes on their reservation.

The stats for crimes against women in Indian country are appalling. A Department of Justice report states that American Indian/Alaska Native women are significantly more likely to be raped, physically assaulted and stalked than are white women. If, on an Indian reservation, that abuse was committed by a non-Indian, tribal law enforcement was not authorized to arrest the perpetrator and tribal courts did not have the jurisdiction to try him. Both arrest and prosecution were the responsibility of the federal government. But these are such challenging crimes to successfully bring to justice, federal resources are seldom deployed to deal with them.

The Tribal Law and Order Act of 2010 and the Violence Against Women Reauthorization of 2013 radically changed that. Under VAWA Indian tribes will have jurisdiction over non-Indians who commit domestic violence crimes on reservations. The law will go into effect for all tribes in March 2015, but the Justice Department in February designated three tribes – the Pascua Yaqui Tribe, the Confederated Tribes of the Umatilla Indian Reservation and the Tulalip Tribes of Washington – for a pilot program that allows them to exercise the authority immediately.

Troy Eid, chairman of the Indian Law and Order Commission mandated by TLOA, says, “The Pascua Yaqui Tribe has put a lot of energy into being ready for this day. My impression is they really tried to err on the side of caution so there would be no justification for overturning a tribal court verdict on federal review.”

Listening to Pascua Yaqui Tribe Chief Prosecutor Alfred Urbina describe what has gone into this moment makes “a lot of energy” seem like an understatement. Urbina detailed some of the issues the tribe has had to deal with and what has been learned in an effort to help other tribes put their justice systems in order to begin prosecuting these cases. “The ability to prosecute non-Indians for domestic violence brings up a lot of questions for the tribe,” he says.

Urbina explains that there have been 11 recent incidents on the reservation with American Indian victims and non-Indian suspects; some are still in investigation or waiting for warrants to be served, while some are in the process of being prosecuted. The first trial is scheduled to begin August 19, but some cases could be resolved through plea agreements before that.

One thing that has been surprising is the number of cases. “We thought we’d have 5 to 10 cases for the whole calendar year,” Urbina says. “But in just the first two months since the tribe has had the authority to arrest non-Indians, there have been more than 10 arrests.”

Demographics are critical to predicting how many cases tribes will need to prepare for. So is location – whether or not the reservation is near an urban center or a major highway. Among the questions tribes will have to address is: Who is actually living in tribal housing? The perception is that tribal members live in tribal housing, but there are probably other people as well, especially if there are a lot of single mothers, says Urbina.

Other questions shed light on matters such as – What is the composition of law enforcement on the reservation? Do people trust law enforcement? Urbina explains that if people have seen non-prosecution of DV cases for many years by both tribal and federal authorities, distrust may have built up and this will affect the success of the cases the tribe brings to trial. How does the tribe get a warrant served off-reservation and the suspect extradited back to the reservation for trial? What if a suspect does not speak English—will an interpreter be available for court proceedings and for conferring with an attorney?

Then there is the question of public defenders. “Some tribes are saying we just need to hire a lawyer, but that person would need to have a background in Indian law, Indian sovereignty issues, different ways of doing things in Indian country and tribal court history. If the lawyer doesn’t have that kind of information it will impact the case.”

One compromise that had to be made to get the law passed was that the attorneys and judges in cases where whites are being tried have to be state-licensed. This brings up the question of access. How will public defenders hired by the tribe have access to their clients on rural reservations?

And that in turn brings up the question of costs—of public defenders, judges, travel, housing of both legal personnel and of those being held for trial and medical care for prisoners. These are issues that if not handled correctly could lead to federal appeals on constitutional grounds, Urbina explains.

Urbina estimates it could cost up to $500,000 for a tribe to get their justice system set up to meet the prerequisites to prosecute non-Indians for domestic violence crimes. “The process will be out of reach for some tribal governments without significant assistance from the federal government, but in order to get this law passed, no money was appropriated for that purpose,” says Urbina.

Nonetheless, the Pascua Yaqui are in a financial position to bring justice long delayed to women on their reservation and they are wasting no time in getting started. Says Eid, “Nothing could be more important for a tribal government to do. This has been an area where law and order breaks down. It’s important that this works.” Urbina puts it this way: “There is nothing more basic than the right to live in peace. Everything else flows from that.”

Trial postponed in Tulalip child’s death

Diana Hefley, The Herald

TULALIP — The trial of a Tulalip woman whose young daughter died of neglect has been rescheduled for later this year in part to give the defense more time to explore whether Christina Carlson has mental health issues.

Carlson is charged with second-degree murder for the death of her 19-month-old daughter Chantel Craig. The toddler and her older sister, 3, were all but abandoned in a car on the Tulalip Indian Reservation in October.

They were buckled in their car seats for hours. The girls had sores all over their bodies and were covered in feces, lice and maggots. Investigators believe they likely had gone days without food or water.

Chantel wasn’t breathing when paramedics reached her. An autopsy determined that she suffered from severe malnutrition. Her sister was treated for dehydration and skin sores for prolonged exposure to feces and urine.

Along with murder, Carlson, 37, is charged with two counts of criminal mistreatment. She faces a minimum 30 years in prison if convicted as charged.

Carlson pleaded not guilty to the charges in May.

Her federal public defender last month requested additional time to prepare for trial.

The investigation into Chantel’s death includes more than 3,000 pages of reports and numerous video and audio files.

Carlson also has been undergoing a neuropsychological examination. So far, a doctor has determined that Carlson has a low IQ, her attorney wrote. The defense also plans to have a doctor, who specializes in fetal alcohol spectrum disorders, examine Carlson.

“Given the severity of the charges in this case, and the need for assessment of competency and mental health issues, additional time is needed,” federal public defender Paula Deutsch wrote.

Deutsch wrote more time will allow her to conduct an investigation and “possibly negotiate a resolution short of a trial.”

Carlson now is scheduled to go to trial on Nov. 12.

Prosecutors allege that Carlson withheld basic necessities of life from her children. In the hours before Chantel died, Carlson allegedly was sending text messages, attempting to buy drugs, court papers said. Witnesses reported seeing Carlson smoking heroin days earlier in the car while the girls were in the backseat.

Tests conducted on the older girl’s hair showed evidence that the child had been exposed to opiates.

Carlson and the girls had for months been the focus of on-again, off-again searches by state and tribal child welfare workers. Their grandmother called Child Protective Services in December 2011 with concerns that the girls were being neglected.

Carlson had lost custody of at least three other children because of her drug use and neglect, court papers said.

In a terrible coincidence, state social workers closed the investigation hours before Chantel died. They hadn’t been able to find her or Carlson. The woman and her daughters had for weeks been living in her car down a dirt road on the reservation.