When you don't have truth on your side, the predictable tactic is to attack the messenger.
Jim Lynch's reply, he asked for me to send this out to all that might or should be interested as he feels the Taunton Gazette might not print this.
Sent: Thursday, May 17, 2012 11:23 AM
Subject: Re: In casino debate, evaluate the credibility of 'experts'
Sovereign Immunity and the Mashpee: A Cautionary Note for Taunton.
In his recent response to my Guest Opinion (“Mashpee Claims vs. Regulatory and historical reality”) Mr. Gregg McKinney, Chairman of the Mashpee Economic Development Committee in the tribes response (“In Casino Debate, evaluate the credibility of the experts”) made numerous unfounded accusations against my credibility rather than addressing the issues I raised in my Guest Opinion article.
As a point of fact, in the matter, Mr. Mckinney makes numerous allegations concerning my status as an “expert” in a past court trial (Gristede's Foods Inc. v. Unkechauge Nation (06-cv-1260, 2009 Eastern District Court, New York). No such accusations or allegations racism or otherwise were raised by the presiding judge who, in fact, contrary to Mr. McKinny’s allegations, stated that "Mr. Lynch was qualified as an expert in the field of ethnohistory." Neither the trial transcript, nor Judge Matsumoto’s decision contained any of the allegations, racism or blatant misrepresentations that Mr. Mckinny asserts. In a federal court trial just prior to this trial (State of New York, New York, Wagering Board, Department of Environmental Conservation, and the Town of Southampton 03--CV-03423, 2007, US District Court Eastern Division) I was also declared by the Court to be an expert witness in the field of ethnohistory). Additionally, the presiding Judge in this trial, Joseph F. Bianco’ complemented my research at numerous points in his decision. Additionally, despite Mr. McKinney’s accusation, I never conducted opposition research against the Mashpee's petition for federal acknowledgement in 1997. Also, at times in my career, I have performed research tasks for many Indian tribes, in particular in New York, Wisconsin, Arizona and California.
Interestingly, Mr. McKinney does not address or refute as inaccurate, the facts as presented in my “Mashpee Claims vs. Regulatory and historical reality.” It is the same old story, ‘if you can’t refute the message, attack the messenger. Mr. McKinney is free to say anything about me without fear of legal repercussions.
This brings us to the major point of this writing, the issue of sovereign immunity of federally-recognized Indian tribes from legal actions bought by non-Indians (see Santa Clara Pueblo v. Matinenz 436 US, 49,58 (1978)). This immunity stems from the concept that federally-recognized tribes are considered sovereign entities and thus are immune from legal actions. In normal legal situations I could possibly bring a civil suit against Mr. McKinney over his comments in regard to both my person and business. In a similar manner, Chairman Cedric Cromwell or the Mashpee tribe cannot be held legally responsible for promises or comments made to the Town of Taunton without his express waver of this shield of sovereign immunity. Patrons get injured on tribal casino property, disputes arise over gambling winnings, pay-day con artists provide ‘loans’ at exorbitant interest rates on tribal lands. Victims cannot resort to the courts for justice.
Recently, a ruling by Federal District Judge Gregory K. Frizzell in Oklahoma (Oklahoma v. Hobia 12-CV-0540GKF-TLW) ruled that the 1988 Indian Gaming regulatory Act removed a tribes sovereign immunity if it engaged in Class III gaming. At present, until lands are taken into federal trust (which is questionable) for the Mashpee, and Judge Frizzel’s decision is not overturned by a federal appellant court, the Mashpee are covered by this concept of sovereign immunity. In any agreements or contracts the town of Taunton may conclude with the Mashpee, it must, in the public interest, contain an express wavier of sovereign immunity.
James P. Lynch
Waterbury, Connecticut
Mr. Lynch is owner and principal of Connecticut-based, Historical Consulting & Research Services,
LLC. He has been a practicing Ethno-historian for over 25 years. He is also the author of four books
addressing colonial- tribe land issues, tribal history, and the development of Federal Indian Policy.
James P. Lynch
Historical Consulting and Research Services, LLC.
45 Dellwood Drive
Waterbury, Connecticut 06708
203.573.0012
jajpl@aol.com
http://jpl-hcrs.org
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