Robert Goggleye, Veldon Baird, Frank Bibeau, Wallace Storbakken, Andrea Wade, Bruce Johnson, Deana McDaniel, Delina White, Richard Jones, Carrie Kolodji and Roxanne LaRose, et al.



Burton “Luke” Wilson, District 1
Representative, Lyman L. Losh,
District 2 Representative, Richard Robinson Jr., former District 3 Representative, George Goggleye,
Chairman, Donald “Mick” Finn,
District 3 Representative, individually,
and as representatives of the Leech Lake
Reservation Business Committee (LLRBC) a/k/a Leech Lake Band of Ojibwe (LLBO),

And Michael Garbow, John Wind, Rodney White and Sally Morrison,


Court File No. CV-04-122

                                                ) SS.
COUNTY OF CASS              )

Your affiant, Frank Bibeau, being first duly sworn on oath, swears that:

1.                  That I am a Plaintiff in the above-captioned matter and I am providing this affidavit in support of the Motion For Reconsideration of the Order of Dismissal dated February 21, 2005, with regard to the Complaint for Civil Rights and Liberties and Supporting Memorandum of Law previously served December 6, 2004.

2.                  That in mid-January 2005, I became much more aware of the increasing role of the tribal police and their being directed by the LLRBC Defendants to intimidate and harass various Anishinabe people and employees of Leech Lake.

3.                  That in addition to using tribal police during employee terminations to add spectacle and ridicule, Neil “Ned” Tripp, a Minnesota POST Board licensed officer under the LLBO has been interrogating employees involved in progressive discipline without identifying himself as a police officer.  (See Affidavit of Christopher Bedeau with transcript and Affidavit of Delores Fineday attached).

4.                  That on information and belief, the tribal police were used to prevent, under threat of arrest, Secretary-Treasurer LaRose and his assistant Dale Greene from entering and recovering personal belongs in their offices following the July 30, 2004 Removal hearing.

5.                  That on information and belief, the tribal police were used to serve an unlawful eviction notice on the home of Marilyn Thompson, a relative of Archie LaRose, skipping the required foreclosure proceedings under LLBO Ordinances and the Homebuyers Purchase agreement.  (See copy of letter dated December 13, 2004 from Michael Garbow).

6.                  That only two weeks before the Special Election for Secretary-Treasurer some 23 families of the Leech Lake Homeless Shelter Eagleview were given notice on January 21, 2005, by Defendant Rodney White herein, to vacate the shelter by February 1, 2005, where another LaRose family member was living.

7.                  That the tribal police have been used to serve documents on represented parties in tribal court filings against the LLBO, even after attorney Garbow himself verified their mailing addresses at court.

8.                  That on February 25, 2005, I was present for Archie LaRose’s swearing in along with other press/media and elders and that I was verbally told by Defendant Luke Wilson “you can’t be in here, the RBC issued a restraining order against you and you aren’t allowed on any tribal land or in any tribal buildings.”

9.                  That when I asked Wilson why, Lenee Ross responded saying “you made comments about guerilla and al quida tactics.”

10.              That when I expressed my surprise, Ross told me that “Tribal Police Chief Day had signed the affidavit.”

11.              That later when Legal Director Garbow arrived I asked for copies of the restraining order and affidavit, Garbow responded “Affidavit?  It’s a police report!”

12.              That when I again asked Mr. Garbow for copies he responded “its in the works!”  And I was not given any documents or proof.

13.              That later that day I received a certified letter containing an Exclusion Notice for LL Gaming for “an act” that I am unaware of committing.  (See copy of letter dated 2-24-05 attached).

14.              That on February 28, 2005, I was called by tribal police to be served some papers, which were served on me at the Cass County Courthouse soon after.  (See copy of letter, Initial Complaint Report (ICR) by Chief Day and LL Gaming Exclusion Notice attached).

15.              That the ICR dated December 6, 2004, by Chief Day contains many false statements attributed to me, which I believe to be the crime of filing a false police report.

16.              That in particular, I do not know anyone who has said they “are so upset they want to start bearing arms against the Tribal Government.”

17.              That I did not say I know anyone in a group who has suggested using “Al Quida tactics.”

18.              That I was present and arranged service for the legal filing on Chief Day on December 6, 2004 as a courtesy to let him know what crimes I felt were being committed on Leech Lake Reservation and that his Assistant Chief Wind was named as a co-Defendant.”

19.              That at no time did Chief Day advise me about the comments above, because I did not make such comments.

20.              That when we were done visiting, Chief Day thanked me and shook my hand and I left without any problems.

21.              That later on February 28, 2005, I visited the Federal Bureau of Investigation in Bemidji and was informed by Special Agent Engelhof that he received the police report from Chief Day along with the 44-page Memorandum of Law in Support of the Complaint for Civil Rights and Liberties.

22.              That because of the RBC restraining order, I felt compelled to seek a Continuance for a hearing on March 1, 2005 for fear of my being arrested for trespass by the tribal police.

23.              That this threat is real because the tribal police arrested Secretary-Treasurer LaRose on February 25, 2005, his first day in office and took him to the Cass County jail in Walker, Minnesota.

24.              That at least one other Plaintiff in this matter, Wallace Storbakken has recived similar exclusions and barring notice from the LLBO RBC this past week.

25.              That I believe we are now living in a police state where tribal government refuses to give documents upon verbal request, choosing to intimidate by tribal police in-person service at a later time to add spectacle and increase defamation.

26.              That it has been suggested to me that Defendants herein feel emboldened following the Order of Dismissal in this matter dated February 21, 2005.

27.              That I believe my person, reputation and livelihood has been significantly damaged and harmed by Defendants’ extreme, outrageous, intentional and malicious actions in furtherance of their conspiracy to deprive many Anishinabe people their civil rights associated with life, liberty, voting and employment which has caused my wife and I severe emotional pain and suffering.

Further your affiant sayeth not - signed Frank Bibeau, notarized Susan M. Cook