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From: Cherokee21 DelphiPlus Member Icon6/5/07 5:52 PM 
To: All  (1 of 1) 
 2231.1 

Hello everyone,

Our organization "Protect Sacred Sites Indigenous People, One Nation" is working directly with THPO Sandra Massey with the Sac and Fox Nation, in OK. We are heading up a writing campaign to assist them with a sacred sites desecration issue that has taken place in their original homelands of Missouri. The Tribe has been fighting this sky ride from re-opening again and struggling with getting these agencies to respect their wishes. This is where we come in with assistance. The Tribe has a burial ground right on this sky ride site, this was developed back in the 60's or so, at the time they actually had put plexi-glass over the burial mound and made it apart of the "tour." This part of the tour was stopped once nagpra came into place, but the burial site has been jeopardized with all the development and exposure. This property is owned by the city and being leased to this individual that is attempting to re-open the sky ride. Over the past 30 years, this sky ride has been unsuccessful and has not benefited the local community's economy, its been tried repeatedly. It is a complete waste of time and is desecrating a burial site. It needs to be left alone and preserved.

We are asking for ALL of your HELP in assisting the Sac and Fox Nation, to put a stop to this desecration once and for all.

I have enclosed the letter below, that I have complied from info that was provided to me, by the Tribe. The Sac and Fox Nation is requesting this letter be sent to the listed agencies also provided below. The Tribe has specifically requested that ONLY this letter be sent, as it has all the legal and background info included. We realize its long, but it is all critical and informative info for the case. It is not to be altered, modified or shortened in any way. Please also ONLY send the letter, DO NOT CALL any of these agencies. That is being left to the Tribe's THPO and/or Attorney's. It is CRITICAL that everyone follow these instructions! We do not want anyone taking any action on their own, no exceptions!

There is email addresses for all but two agencies, fax numbers are provided for those. Please either write, fax or email each of these agencies by copying and pasting this letter into a separate email. I have also marked in red on the letter itself info that needs to be added or included with information.

If you have any questions about this letter campaign, please contact me directly at Tamra@..., we are assisting and heading up this project for the Tribe, so they can focus on the legality issue and other important factors of the case.

This Action Alert will also be available on our website at www.ProtectSacredSItes.org

Please pass this to as many people in your lists and contacts as you can, we need to get as many letters to each of these agencies as possible. There is also a time factor, so please take action promptly and quickly.

We appreciate your support and thank each of you for taking the time to read this and sending in the letter to these agencies.

I apologize that this entire email is so long, but all of this info is critical to this campaign.

In peace & solidarity,

Tamra Brennan

Director/Founder

"Protect Sacred Sites Indigenous People, One Nation"

Recent article for this issue: Sky ride opening nears despite concerns over burial ground May 24, 2007
KTEN, TX
But the platform for the ride is built on a burial ground of the Sac and Fox Nation and the tribe wants to keep the ride closed

Add today’s Date here:

Add the Name & Address of each recipient here:

Dear ___________: :

I am writing this letter in regards to the State of Missouri Unmarked Human Burial Sites Statute (194.410 et seq) enacted to protect burial sites on both public and private lands. At present ongoing violations to this law have been allowed in Clarksville, Missouri where a sky ride has been built into a Sac and Fox burial mound.

The Sac and Fox Nation of Oklahoma claims as part of their historic homelands northeast Missouri and northern Illinois, where they lived for over a century beside the Mississippi River. Part of the burial practice was to bury their people in mounds on bluffs, such as those found in Clarksville, Missouri. The Sac and Fox people did not willingly leave their home and graves behind but were forced away by the American government with an ultimate consequence being that their graves were left without protection.

We have been informed that at no time has the Sac and Fox Nation of Oklahoma, the Sac and Fox Nation of the Missouri in Kansas, and the Sac and Fox Tribe of the Mississippi in Iowa been contacted by the Clarksville City Council and/or McMurtrey regarding this burial site, nor will the Sac and Fox ever agree to or condone any activity that disturbs or desecrates the graves of their ancestors. The Sac and Fox are still fighting to protect their burial site and continue to this day, to remind state and local agencies of their responsibilities to uphold the law, as I am also reminding you to do the same, through this letter.

The fate of unprotected graves is exhibited clearly in Clarksville. The construction of the original sky lift uncovered burials, which, instead of receiving the respect that is their due, were made a tourist attraction with the addition of a walkway and displaying the exposed burials through plexiglass.

Since then, both the United States and the State of Missouri enacted laws for the protection of burial sites. The federal law, the Native American Graves Protection and Repatriation Act (NAGPRA), provides for the protection of Native American burials and human remains on tribal and federal land. Human remains on private or public land in Missouri are now protected by Chapter 194, “Death – Disposition of Dead Bodies”, Section 194.410, subsection 1 of the Missouri Revised Statutes, which states:

Human burial sites—knowingly disturb, penalty—appropriation for sale, penalty.

194.410. 1. Any person, corporation, partnership, proprietorship, or organization who knowingly disturbs, vandalizes, or damages a marked or unmarked human burial site commits a Class D felony.

(L. 1987 S.B. 24 § 7, A.L. 1990 H.B. 1079, A.L. 1996 S.B. 834)

Furthermore, Section 194.405, Chapter 194 of the Missouri Revised Statutes defines the scope of law as to where protection is applicable:

Scope of law.

194.405. When an unmarked human burial or human skeletal remains are encountered during archaeological excavation, construction, or other ground disturbing activities, whether found on or in any private lands or waters or on or in any lands or waters owned by the State of Missouri or its political subdivisions, agencies, or instrumentalities, the provisions of sections 194.400 to 194.410 shall apply.

(L. 1987 S.B. 24 § 2)

I herby request that you take action immediately, based on events outlined as follows:

1. William McMurtrey has constructed a sky ride over the burial site. This is in violation of the State of Missouri Human Burial Sites Statute, which clearly states in Section 194.410 of Paragraph 1, “Any person, corporation, partnership, proprietorship, or organization who knowingly disturbs, vandalizes, or damages a marked or unmarked human burial site commits a Class D felony.”

2. McMurtrey has been informed of this law on several occasions.

3. In a letter dated December 29, 2004 to then Mayor of Clarksville Bertha May Taylor, Assistant Attorney General Shelley Woods explained that activity on the mound is in violation of the State of Missouri Unmarked Human Burial Sites Statute.

4. Pike County prosecutor Paul Williams filed charges of violation to the burial protection law against McMurtrey on February 11, 2005. Judge David Ash ordered the case to trial but in September 2005 Williams inexplicably dismissed the charges. Williams promised but never delivered to me a written statement about his decision.

5. After Williams failed to implement the law of the State of Missouri Sac and Fox Nation representatives wrote to Nixon under date of December 29, 2005 to request that he uphold the law and file charges against McMurtrey as well as those who aided and abetted him in the violation of the state statute: Joanne Smiley, John Harmon, Gary Rice, Mike Russell, and Ken Russell, the Clarksville City Council.

6. When there was no response or acknowledgement of receipt of letter dated December 29, 2005 to the Attorney General’s office. Another letter with the same request under date of January 30, 2006 was also sent.

7. In February 2006 a fire occurred at the site in contention. As evidenced in the newspaper article, that appeared in the February 11, 2006 Hannibal Courier-Post. McMurtrey is not only aware of the illegal activity but, with his intent to open the sky ride and his claims that he owns the hill, is the root cause of it.

The State of Missouri Unmarked Human Burial Sites Statute clearly defines what constitutes a violation to the law. The activity on the hill in Clarksville is an obvious violation. The State of Missouri Attorney General is allowing the violation to the law of the State of Missouri despite taking an oath of office to uphold the laws of the state.

My hope is that you in your elected position believe in the laws enacted by the people of Missouri whom you represent.

Sincerely,

Please put your full legal name and full mailing address here. Do not use just a first name or a screen name.

cc:

Jo Anne Smiley, Mayor

Clarksville City Hall

Phone: (573) 242-3336

Fax: (573) 242-3450

Email: cityclerk@...

Pete Cannon, Pike County Sheriff’s Dept.

1600 Business Hwy 54 W

Bowling Green, MO 63334

Office: (573) 324-3335; Cell: (573) 470-3335; Fax: (573) 324-3731;

email: pike474d@...

Mark Fisher, Pike County Prosecutor

Pike County Courthouse

115 W. Main Street

Bowling Green, MO 63334

phone: (573) 324-2201; fax: (573) 324-9893

no email address

please write or fax

The Honorable Terry Witte, State Representative

Room 115J, State Capitol Building

201 West Capitol Avenue

Jefferson City, MO 65101

phone: (573) 751-9614; fax: (573) 526-0905;

email: terry.witte@...

Jeremiah W. (Jay) Nixon, Attorney General

State of Missouri

P.O. Box 899

Jefferson City, MO 65102

phone: (573) 751-3321; fax: (573) 751-8464

email: ag@...

Matt Blunt, Missouri Governor

Office of the Governor
PO Box 720

Jefferson City MO 65102
Telephone: (573) 751-3222

Fax (573)-751-1588

No email

Please fax or write

Missouri State Senator

The Honorable Wes Shoemyer

Room 416, State Capitol Building

201 West Capitol Avenue

Jefferson City, MO 65101

573) 751-6858

(573) 751-6900 fax

Email: Wes.shoemyer@...

Missouri Congressional Senator (Republican)

The Honorable Christopher S. “Kit” Bond

274 Russell State Office Building

Washington, D.C. 20510

Phone: 314-725-4484
Fax: 314-727-3548

Online form email only @ bond.senate.gov/contact/contactme.cfm

For the subject, please use Indian Affairs

Missouri Congressional Senator (Democratic)

The Honorable Claire McCaskill

5850 A Delmar Boulevard
St. Louis, MO 63103

Voice: 314-367-1364
FAX: 314-361-8649

Online form email only @ http://mccaskill.senate.gov/

For the subject, please use Indian Affairs

 
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