Government declines to try half of all major crimes involving Native Americans

Jun 01, 2011 |

WINDOW ROCK, Ariz. | There was swelling on the little girl&#x2019;s skull and hemorrhages around her brain. The scars on her 36-pound body were consistent with burns from a space heater, a curling iron and hot noodles.</p><p> The medical examiner concluded that the brown-eyed toddler had been beaten, declaring her death a homicide. </p><p> Had 2-year-old Kiara Harvey died elsewhere the case likely would have been handled by the sheriff or police, and the local district attorney. </p><p> But Kiara lived on the expansive Navajo Nation. On tribal lands, only federal prosecutions can lead to serious penalties for major crimes involving Native Americans. Those prosecutors, however, end up declining to pursue half of the cases nationally. </p><p> &#x201C;No one speaks for that baby,&#x201D; said Bernadine Martin, the Navajo Nation&#x2019;s chief prosecutor. &#x201C;It&#x2019;s OK to kill her and go on because prosecutors apparently don&#x2019;t want to put a little more effort into investigations.&#x201D;</p><p> In the Arizona portion of the Navajo Nation, Kiara&#x2019;s case was one of 37 that federal prosecutors declined to take during a nine-month period last year, an Associated Press review found. The AP&#x2019;s analysis found the reasons to be poor evidence, reluctant witnesses and jurisdictional issues. Whatever the reasons, no one disputes that many people suspected of violent crimes are walking free on reservations. </p><p> The Justice Department has reported that crime rates experienced by Native Americans are 2&#xBD; times higher than those of the general population. </p><p> In the Navajo Nation capital of Window Rock, the Navajo prosecutor keeps the Kiara Harvey case rejection letter handy. Both of the parents denied any abuse.</p><p> The Navajo prosecutor holds out hope for a tribal prosecution in Kiara&#x2019;s case: &#x201C;We&#x2019;re going to make our best effort to let the public know you can&#x2019;t kill your kid and get away with it.&#x201D;</p><p> Kiara has now been dead longer than she was alive. Martin knows she must act quickly. The tribe&#x2019;s three-year statute of limitations &#x2014; the last chance to file charges &#x2014; expires Monday.

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