FOREIGN LEGION RULES! RENEGADE JUDGE SENTENCES KA

[blackcrowheart]

FOREIGN LEGION RULES! RENEGADE JUDGE SENTENCES KANEHSATAKE MOHAWKS



MNN. Jan. 20, 2006. The Mohawk political
prisoners of Kanehsatake were sentenced on January 20th 2006 in St.
Jerome Quebec. A stacked white jury had found them guilty
of "rioting and confinement". They stood up to 67 paid mercenaries
who invaded their community on January 12th 2004. A mercenary is a
paid soldier. Payment had come through a stolen private corporation
illegally funded by the Solicitor General of Canada with Canadian
tax dollars. They were hired to make an end run around the legally
constituted Kanehsatake Police Commission.

Former Public Security Minister, Jacques Chagnon
recently affirmed in a CBC Radio interview, "These mercenaries were
very heavily armed".



Investigations are not complete.



Were those 30,000 bullets or 30,000 rounds of
ammunition? There are only 1,500 people in Kanehsatake, including
the elderly and newborn babies! How many bullets does it take to
kill a Mohawk anyway?

Chagnon was shocked by the arsenal that was
later found. A minister has a right to assume that information he
is being given is complete and accurate and that operations are
being conducted according to the law. He publicly declared that the
Kahehsatake raid was illegal and had never given his permission for
what happened.

Chagnon raised serious questions. Jeff Boro and Daniel
Lighter, the lawyers for the wrongly convicted Kanehsatake
defenders, filed a motion asking Judge Duval Hesler to vacate her
convictions and re-open the trial because of this new evidence.
They pointed out that they had asked on countless occasions for
disclosure which was denied them by the Crown, Francois Briere.
Chagnon's announcement was proof that the legality of the mercenary
commando raid was in question.

This is what MNN and the audience that filled two
courtrooms and filed into the halls saw. The other reporters didn't
seem to see anything. Even though the Liberals are at the point of
collapse because of corruption, they did not report on the main
issues.



Solicitor General backed operation



The illegally funded Canadian foreign legion got a
$900,000 grant from the Solicitor General's Office. Their
operations were guided by the Quebec Police and RCMP. How deep does
corruption go in Canada?

When the interlopers entered the Police Station on that
cold morning, they were surrounded by a crowd of elders, women,
children and unarmed citizens. At the time none of them knew where
the funding came from. But it was obvious that something was
fishy. The community's Police Commission had been completely
ignored. The whole situation revived queasy memories of the SQ and
Canadian army invasion that provoked the Oka Crisis of 1990.
Instead of defending law and order and investigating the legitimate
concerns of the people, renegade chief James Gabriel got the Crown
Prosecutor to lay charges. At the trial the jury let off all the
women and went after the men. Now these men are going to jail.



Supporters filled the court



Hundreds of supporters, student activists, family
members and media were there. There were dozens of cameras, radio
and television reporters. The defendants arrived in a white stretch
limo and waved the warrior flag to the cheers of the crowd as they
entered the court house. The area was surrounded with heavy duty
police. The doors were guarded by cops with guns and big guts,
looking like extras from a "Dukes of Hazzard" remake.



New evidence presented



Boro started the hearing by providing the Judge with a
way out. Chagnon had gone public. Boro pointed out that Judge
Duval Hesler could vacate her convictions and re-open the trial to
ensure that justice was done. He diplomatically downplayed the
Crown Prosecutor's chronic suppression of evidence. Lighter listed
the demands.

Crown Prosecutor, Francois "Who has it in
for the Mohawks" Briere seems to have found his calling. He once
trained for the priesthood, but God wasn't his thing. Rumors
circulate at Kanehsatake that he had worked as an advisor to James
Gabriel. If the rumors are true, this could be very partisan
indeed.

Lighter concluded that he could cry about
the injustice of the convictions if the motion is not granted.
Judge Duval Hesler said, "No need. Consider it done". To her it
was just an opinion. Two Gazette newspaper articles and the taped
Radio Canada interview of Chagnon were entered as evidence. The
mood in the courtroom was hopeful. It looked like the guys carrying
their Indian luggage - plastic bags with a change of underwear in
case of arrest - were unduly pessimistic.

It was open to Briere to support this move
in the interests of justice. The court could then have adjourned
and set a new date to review the new evidence.

Instead Briere went for the jugular. He
refused to acknowledge the justice of the submissions he had just
heard. He claimed his suppression of evidence was irrelevant. It
looked like he wanted to avoid hearing from people who knew what had
really happened behind the scenes. Briere made all kinds of excuses
for his own incompetence by admitting he was disorganized, didn't
have enough staff and had no investigators. "We did our best", he
claimed. Well, he got the results he wanted. Criminal convictions
are supposed to be proven beyond a reasonable doubt.

He whined on and on saying, "We have passed
the 11th hour". By now the crowd was getting nervous. He obviously
wanted to throw these guys in jail. The big red lips painted on
Judge Duval Hesler's face spread into a ghoulish grim like the
Cheshire cat in "Alice in Wonderland". The sight drove a dagger
into the hearts of the mothers and children in the audience.

Lighter said, "Hey, this is not Texas! Are
you suggesting that the switch be pulled?"



Ignoring due process and new evidence



The need to reopen the trial was obvious. Briere
ignored it, even though he had new evidence himself. He read out an
internal RCMP "memo" that allegedly showed Chagnon had once
supported the operation. Briere claimed this made it a legal
attack. He said, "The Minister is not a member of the bar".

A new trial would have given the court and
the jury a chance to review the evidence properly and bring in
witnesses for cross-examination.

Lots of new evidence has come to light since
the trial. Attorney General of Quebec, Bernard Roy, has signed an
affidavit stating that the goons didn't follow the law. Jacques
Beaupre of the SQ investigated and reported on the Kanehsatake
takeover. He felt that the operation was illegal. Chagnon said it
took place without his permission. These are 3 authoritative
opinions that this operation violated Canadian law.

Judge Duval Hesler ignored the new evidence
coming from both sides. She said that she relies on a Band Council
Resolution as the authority for the attack. A BCR is an internal
document. By law a warrant is needed for such an operation and they
didn't have one.

It looks like lie after lie to cover up a
lie. It's looking more and more like the final decision for the
attack was made right from a building on top of a hill with a good
view of the Ottawa River. The Mohawks continue to wonder what's
behind it all. Why were mercenaries sent into Kanehsatake? She
ignored the legally constituted Police Commission.

The scales of justice are blind and deaf. A
judge is supposed to hold the scales of justice and balance the
points of view of all parties. What this judge did was to hop onto
Briere's side of the scale and knocked him right off. Sentences are
supposed to be based on precedents so everyone is treated fairly.
The most Briere thought he could ask for was 4 to 6 months. Judge
Duval Hesler decided that wasn't enough because the Mohawks were not
apologetic. She doubled and tripled the maximum sentences.



Judge Duval Hesler's 20 minute sermon (on the mount)



Judge Duval Hesler had pre-written planned
out reasons. She sat like a preacher giving a sermon. To the
audience it sounded like she was saying, "We colonial settlers won't
accept backtalk from you Injuns. The ex-Minister's comments don't
mean anything to me. See here, I'm the boss. It's okay for police
to take a "gang busters" made-for-television approach. Yah, it was
extreme, but that's no excuse".

She said, "This case is not about ethnic
conflict. It's about the rule of law". We Mohawks agree. What did
she think the fuss was about? The goon squad was illegal.

We also agree that it is important to listen
to and respect other points of view. This is what our constitution,
the Kaianereh'ko:wa, is all about. Judge Duval Hesler was
completely blind to what things look like from our side of the
track. She gave a biased characterization of the events and ignored
very significant evidence. She didn't want to hear about the
concerns of the people who were worried about the illegal occupation
of their police station.

The Mohawks were reasonable and calmly
gathered around the police station to express their concern over the
attempted coup. They had no part in the burning of James Gabriel's
house. Her repeated mention of this incident was highly
prejudicial. She claimed that the tractors that arrived shook up
the whole building. The building is still standing unscathed. Judge
Duval Hesler failed to mention that the illegal GI Joes inside were
armed to the teeth with high calibre weapons. As Chagnon said, the
illegal army had all the weapons. The worse harm she could cite was
the interception of a pizza delivery. The protestors paid for the
order and ate it. "They were so nasty", she said.

The back doors were also blocked by heavy
equipment. The shovel on the payloaders were pounded on the ground
to try to get the attention of those inside. Someone might even
have pounded the ground with a baseball bat. There were no injuries
and property damage. Judge Duval Hesler did not mention the
drumming outside and the singing. People started a fire to keep
warm and make coffee. The people acted with impeccable restraint at
all times. This is a riot?

The illegal goons didn't come out for 73
hours. Kanehsatake has been held hostage for over two centuries.
Judge Duval Hesler made it clear that the state of siege is not
about to end. The local police commissioners went in and out
trying to resolve it. Finally the Kahnawake Peacekeepers came in
and escorted the legionnaires out. Judge Duval Hesler said, "So the
trial convicted 13 out of 19 criminals". To her every Mohawk is a
criminal.

[blackcrowheart]

e It goes both ways



If she really believes that respect for the
law is fundamental, why doesn't she look into the mercenaries'
occupation of the police station? If she wants a peaceful and safe
society, why did she threaten us by throwing kerosene onto the
flames of community discontent?



They are unremorseful



Judge Duval Hesler accused us of
being "rehabilitatable" and "unremorseful". Is she? She hasn't
shown any remorse for her flagrant racism! She wanted revenge.
Because she was in a position of power, she got it. At the last
hearing, she wanted them to apologize to those rotten chiefs and
their hired guns. They refused.

"These criminals are not open to other
points of view. They don't know how to criticize themselves".
Hey! Look in the mirror, lady. She's got enough for all of us ten
times over. To add insult to injury, she ridiculed one defendant's
effort to heal the wounds in the community. He had put out a one-
page photo copied newssheet in Kanehsatake. What did she expect,
The New York Times? People in Kanehsatake don't live on judge's
salaries. Judge Duval Hesler didn't like the criticism of the
illegal council. She should read the Canadian Charter of Rights and
Freedom which guarantees freedom of opinion. She seems to think
there's something wrong with us just because we wont agree to accept
colonial oppression.

The sentences she dished out got heavier as
she went on. The first sentences were for unlawful assembly. Some
got a conditional discharge and had to make a $500 donation to a
legally constituted colonial charity. Others had to do community
service and pay fines of $500 to $1000, which could be turned into
jail terms if unpaid. She probably wants them to go to her place
and clean out her shed and scrub her bathroom floor.

Then she got onto the "rioting and forcible
confinement". She declared, "This shows contempt for legally
constituted authority". She called their actions, "a violent show
of force" meant to scare the living Jesus out of these goons.
Swearing and sticking your tongue out scared her dear mercenaries
who were armed to the teeth with the latest military guns and
gizmos. "We could send you away for 10 years", threatened the power
drunk judge. She seems to think that the "might makes right" legal
system deserves respect because it has the big guns.

There was whispering among the
audience, "Gee! Is this what democracy means? That judge makes it
sound like a dirty word".

"There are other ways to be heard without
taking the law into one's hands", she declared. Sure, you have the
big budget public relations company constantly pouring out Mohawk
bashing propaganda so no one will listen to us.



The sentenced



Our convicted and sentenced "heroes" are:
Stewart Conway, Keith Cree, Joseph Daye, Bradley Gabriel, Gary
Gabriel, Milton Gabriel, Robert Gabriel, Gordon Lazore, McDonald T.
Nelson, Hubert Nelson, Allister Nicholas, Francois Pinsonneault and
Terry Yaxley.

Judge Duval Hesler obviously wanted
controversy and reaction. She did not take her own advice about
following the rule of law. We thought we heard her say, "Don't you
know? There's a special law for you Injuns." Sentencing for
rioting and forcible confinement were given out in quick
succession. Terms were for three, four and six months. When she
sentenced cousins, Robert and Bradley Gabriel, to 12 months, the
crowd gasped in shock and horror.

The audience jumped up and started yelling.
One screamed at Judge Duval Hesler, "You racist unpleasant person", "Nazi", "Eva
Braun" among other colorful epithets.

Robert's 14 year old daughter ran up to kiss her dad good-bye. The
guards tried to hold her back. The audience let her through.

The judge's body guard reached into his
pocket for his gun or for comfort. "Are you gonna shoot us?"
someone asked.



Bound but unbowed



As they were escorted from the prisoner's
dock, they remained calm and raised their handcuffed fists over
their heads to cheers from the crowd. "Don't give up the fight"
they told us. The audience in both courtrooms broke into cheers and
applause.

The Judge turned to our lawyers, "Can't you
control your clients?"

"Our clients aren't out of control".

Judge Duval Hesler was in over her head.
The case was not about `rule of law'. It was about "Might makes
right". The big guns win. She closed the session and then ran out
of the court room.

It was to resume in 30 minutes in the other
courtroom. One of the fat guards turned to John Harding who had
been sitting quietly in the back of the second court and said, "You
have to leave". He left quietly without comment. The white middle
class university students were shocked and said, "Is this
democracy? This is ridiculous!" They went out and organized a loud
rally in the hallway.

In the same courtroom someone said, "Liberal
judge! Conservative judge! Any way you look at it, you always get
the ota end of the stick". Everyone laughed.

Once the first courtroom was cleared, Judge
Duval Hesler reconvened the hearing. She quickly sentenced Gordon
Lazore and Gary to 15 months in jail and declared the hearing
over. Someone asked a question about the meaning of "conditional
discharge".

The prisoners and their lawyers were gone.
Briere complained that there had been no probation order made
against some of the sentences. Boro pointed out that the men in
question and their lawyer were absent. Judge Duval Hesler was
undeterred. She jacked up their sentences by tacking on probation
orders. Does this mean that a judge can tack on anything they
please even though a trial is over and you are gone?

During her sermon Judge Duval Hesler had
just said "there can't be reconciliation without introspection" and
being open to other viewpoints". What about you, lady? Let's put
you in the slammer for a while. May you can learn some
introspection. Try walking in a Mohawk woman's moccasin. Has she
ever had 30,000 rounds of ammunition aimed at her children? The
nightmares are real for those who live in them.



The Sentences

For rioting and forcible confinement:

15 months in jail: Gordon Lazore, Gary Gabriel,

12 months in jail: Robert Gabriel, Bradley Gabriel

Six months: Hubert Nelson

Four months: Allistair Nicholas

Three months: Terry Yaxley

For unlawful assembly:

$1,000 fine: Francois Pinsonneault

$600 fine: T. Nelson McDonald

$500 fine and 50 community hours: Joey Daye

Conditional Discharge, $500 charitable donation:

Milton Gabriel, Keith Cree, Stuart Conway



`Unbiased' comments from supporters



Ariwahkete said, "It's a continuation of
colonialism".

Holding warrior flag in front of them, the
Mohawk youth said, "We are the next generation". This is one of
the strongest flags you will ever see.

Another said, "They got the wrong people.
These goons came with arms to our community to kill us. It was
supposed to be a massacre. Why aren't they on trial?"

John said, "30,000 bullets divided by 1,500
people! Enough said!"

Sonia from the disbanded Police Commission
said, "This is malicious prosecution. There was no disclosure to
the defense to prove that this was a legal attack. Even after
Chagnon revealed they had a huge arsenal. They had every intention
to kill us. They had total disregard for the people. The federal
government is responsible

The 67 should be charged criminally, along with James Gabriel,
Doreen Canatoquin, Marie Chene and Clarence Simon. This process is
complete monkey."



Another said, "Our guys are heroes. (Prime
Minister for now) Paul Martin is a terrorist".



Crowd control



The crowd chanted, "We demand a public
inquiry and an investigation into the whole matter". An appeal has
been filed. A bail hearing is taking place on Monday, January 23rd.
in the Montreal Court of Appeal.

Judge Duval Hesler wanted to show our young
people that colonialism isn't dead. She's worried that colonial
society's efforts to colonize us are a dismal failure. "Hey guys!
Don't you feel you've done something wrong?" we thought we heard her
ask.

The Indigenous Sage, the Great Red-X, has
advice for times like this on how to avoid rehabilitation, which is
really brainwashing. "Always be true to your own people, no matter
the punishment or the foreign laws used to try to kill your spirit.
Keep yourself in good condition because the next generation is
watching you. They need you to be a good example."

Our men remained stoic throughout, while we
loudly voiced our opinions. Our anger shows our refusal to accept
colonial mistreatment was valid, even after Judge Duval Hesler
revised her sentences and made them stiffer. We told the system we
will keep resisting genocide and will tell the world about it.



If Judge Duval Hesler wanted drama, she got it good.
(Black Eyed Peas: Lovely Lady Lumps).



"Hey lady, whatcha gonna do with all that junk, all that junk
inside your trunk. Lie, since you won't listen to the evidence.
Whatcha gonna do with all that colonial junk. I am a'gonna get you
drunk, make you scream, make you scream".



New definition for "rioter"



Jeff Heinrich of the Montreal Gazette is
working on a new legal definition of the word "rioter": "anyone who
objects to illegal use of force in the name of the law". He was
either asleep at the wheel or is involved in the plot. He missed
the big story. Hasn't he noticed that the rule of law was trashed by
Canadian politicians, cops and bureaucrats?

The Indigenous people are sick and tired of
media defamation. Maybe the rule of law is too complex for ordinary
Canadians to understand, or maybe it's the media that doesn't
explain it properly. The media is supposed to educate the public.
Instead it's dumbing them down.



The end for now



True, the mercenaries did suffer the
unrequited lust to disrobe an all-dressed pizza. All she could say
was what sounded like, "15 months for you. 9 months for you. 12
months for you. None for me". 67 cops all crowded into that small
police station. Were they going to try out all their new weapons?
Is that what it was all about? Or was the pepper spray the spice of
choice for their pizza?



Kahentinetha Horn

MNN Mohawk Nation News

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