Prosecutors believe Iron Eyes trying to make law officers look bad

BISMARCK, N.D. — Chase Iron Eyes who was once accused of starting a riot during the Dakota Access Pipeline protests is seeking the public release of law officers’ testimony in his now-resolved court case to highlight what he says is injustice done to American Indians and the environment.

Prosecutors maintain Iron Eyes’ real goal is to make law officers look bad in the public eye.

Iron Eyes and 73 others were arrested Feb. 1, 2017, after erecting teepees on land in southern North Dakota that authorities said is owned by Texas-based pipeline developer Energy Transfer. Protesters said they were peacefully assembling on land they believe rightfully belongs to American Indians under old treaties.

Iron Eyes could have faced five years in prison if convicted of the felony riot charge. After a court battle that lingered a year and a half, he reached a deal with prosecutors in August 2018 in which he pleaded guilty to a reduced charge of disorderly conduct. He was ordered to pay $1,750 in fines and fees and serve a year of probation, which ended Aug. 16, according to court documents.

His attorney in July asked Judge Lee Christofferson to reverse the judge’s August 2018 order shielding depositions in the case from public view. Court documents show that law enforcement officers including Morton County Sheriff Kyle Kirchmeier provided sworn testimony through depositions, which are done outside of court as attorneys build their cases.

“There is no legitimate reason to bar the public from knowing exactly what was said — and having a fair opportunity to consider the whys — in the aftermath of the protests,” Jesse Phelps, spokesman for the Lakota People’s Law Project, which is representing Iron Eyes, said in a statement to the Tribune.

Iron Eyes said in an interview that he wants the documents made public to bolster the contention of pipeline opponents that they were mistreated and deprived of civil rights, and to put more focus on climate change.

Thousands of people who oppose fossil fuels and believe the pipeline trampled on tribal rights gathered in southern North Dakota in 2016 and 2017 to protest, often clashing with police and leading to 761 arrests in a six-month span. Energy Transfer, which built the $3.8 billion pipeline to move North Dakota oil to Illinois, maintains it is safe and not a threat to Native Americans.

Iron Eyes believes the information in the court depositions could improve the accuracy of historical depictions of the pipeline fight. He described his effort to make the documents public as “a battle in the war of the narrative.”

Prosecutors, who request

BISMARCK, N.D. — Chase Iron Eyes who was once accused of starting a riot during the Dakota Access Pipeline protests is seeking the public release of law officers’ testimony in his now-resolved court case to highlight what he says is injustice done to American Indians and the environment.

Prosecutors maintain Iron Eyes’ real goal is to make law officers look bad in the public eye.

Iron Eyes and 73 others were arrested Feb. 1, 2017, after erecting teepees on land in southern North Dakota that authorities said is owned by Texas-based pipeline developer Energy Transfer. Protesters said they were peacefully assembling on land they believe rightfully belongs to American Indians under old treaties.

Iron Eyes could have faced five years in prison if convicted of the felony riot charge. After a court battle that lingered a year and a half, he reached a deal with prosecutors in August 2018 in which he pleaded guilty to a reduced charge of disorderly conduct. He was ordered to pay $1,750 in fines and fees and serve a year of probation, which ended Aug. 16, according to court documents.

His attorney in July asked Judge Lee Christofferson to reverse the judge’s August 2018 order shielding depositions in the case from public view. Court documents show that law enforcement officers including Morton County Sheriff Kyle Kirchmeier provided sworn testimony through depositions, which are done outside of court as attorneys build their cases.

“There is no legitimate reason to bar the public from knowing exactly what was said — and having a fair opportunity to consider the whys — in the aftermath of the protests,” Jesse Phelps, spokesman for the Lakota People’s Law Project, which is representing Iron Eyes, said in a statement to the Tribune.

Iron Eyes said in an interview that he wants the documents made public to bolster the contention of pipeline opponents that they were mistreated and deprived of civil rights, and to put more focus on climate change.

Thousands of people who oppose fossil fuels and believe the pipeline trampled on tribal rights gathered in southern North Dakota in 2016 and 2017 to protest, often clashing with police and leading to 761 arrests in a six-month span. Energy Transfer, which built the $3.8 billion pipeline to move North Dakota oil to Illinois, maintains it is safe and not a threat to Native Americans.

Iron Eyes believes the information in the court depositions could improve the accuracy of historical depictions of the pipeline fight. He described his effort to make the documents public as “a battle in the war of the narrative.”

Prosecutors, who requested the order to seal the depositions, are fighting Iron Eyes’ effort to make them public. Assistant Morton County State’s Attorney Chase Lingle alleged in court documents that the depositions were improperly handled, citing in part a “lack of respect shown to the witnesses, none of whom were advised that they could be represented by counsel. Some of who were forced to make statements regarding ongoing legal matters unrelated to Mr. Iron Eyes’ case.”

He also believes Iron Eyes wants them for a nefarious purpose.

“The defense has no need of these depositions other than to use them in a manner for which they were never intended by the court or governing body,” Lingle wrote. “The defense intends to splash them across the media for unknown purpose, though likely to create a negative image of those deposed.”

Iron Eyes’ attorney, Alex Reichert, countered that “what the state is demanding in this case is nothing less than a straight-forward censoring of information that the state does not wanted disclosed to the public.”

A hearing is scheduled Wednesday in South Central District Court in Mandan.

Before Iron Eyes pleaded guilty, his defense team also sought information from Gov. Doug Burgum and officials with private security firms. Four months before the case was resolved, Christofferson limited the amount of information the governor’s office could be asked to provide and said he planned to deny a defense motion to force prosecutors to obtain and turn over evidence from private security firms, after Kirchmeier testified in court that law officers and private security did not work together. Many pipeline opponents dispute that.

Neither Burgum nor officials from TigerSwan, the main security company hired by Energy Transfer, were ever deposed in Iron Eyes’ case, according to their spokesmen.

(Article courtesy of Bismarck Tribune, North Dakota)

ed the order to seal the depositions, are fighting Iron Eyes’ effort to make them public. Assistant Morton County State’s Attorney Chase Lingle alleged in court documents that the depositions were improperly handled, citing in part a “lack of respect shown to the witnesses, none of whom were advised that they could be represented by counsel. Some of who were forced to make statements regarding ongoing legal matters unrelated to Mr. Iron Eyes’ case.”

He also believes Iron Eyes wants them for a nefarious purpose.

“The defense has no need of these depositions other than to use them in a manner for which they were never intended by the court or governing body,” Lingle wrote. “The defense intends to splash them across the media for unknown purpose, though likely to create a negative image of those deposed.”

Iron Eyes’ attorney, Alex Reichert, countered that “what the state is demanding in this case is nothing less than a straight-forward censoring of information that the state does not wanted disclosed to the public.”

A hearing is scheduled Wednesday in South Central District Court in Mandan.

Before Iron Eyes pleaded guilty, his defense team also sought information from Gov. Doug Burgum and officials with private security firms. Four months before the case was resolved, Christofferson limited the amount of information the governor’s office could be asked to provide and said he planned to deny a defense motion to force prosecutors to obtain and turn over evidence from private security firms, after Kirchmeier testified in court that law officers and private security did not work together. Many pipeline opponents dispute that.

Neither Burgum nor officials from TigerSwan, the main security company hired by Energy Transfer, were ever deposed in Iron Eyes’ case, according to their spokesmen.

(Article courtesy of Bismarck Tribune, North Dakota)

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