UNlTED STATES DEPARTMENT OF INTERIOR

BUREAU OF INDIAN AFFAIRS

PACIFIC REGIONAL OFFICE
2800 COTTAGE WAY
SACRAMENTO, CA 95825
Ronald D. Allen Jr., Kelly L. ) IN THE MATTER OF:
Peterman, Charles Allen Jr., )
Nikki Harris, Mikki Graber, ) APPEAL OF FEBRUARY 1, 2012
Vikki Oxley, Shawn Thomas ) DECISION OF EXECUTIVE
Rogers, Jeanne Durso, Daniel ) COMMITTEEOFPALABAND
Durso, Robert J. Morris, Misty ) OF MISSION INDIANS TO
Morris, Ray Morris, Monique ) DISENROLL APPELLANTS
Early, Melissa Hunter and Mary )
Montoya, )
Appellants, )
)
~ v s - )
)
EXECUTIVE COMMITTEE, )
Pala Band of Mission Indians, ) May SO, 2012
)
Appellees. )
)
AFFIDAVIT OF ELSIE H. LUCERO CONFIRMING "PELIGRINO ORTEGA"
AS FATHER OF MARGARITA BRITTAIN
Appellants file the Affidavit of Elsie H. Lucero, dated May 24, 2012, for
consideration as "evidence" or "proof' in the administrative record of this pending
matter on the dispositive issue of the identity of Margarita Brittain's father. One
year after'the June 1, 2011 wrongful disenrollments of eight (8) members of the
Pala Band of Mission Indians (Tribe), one fact remains clear: Peligrino Ortega is
the father of Margarita Brittain.
There is no evidence or proof cited by Robert Smith anywhere m this
-1
administrative record on appeal to overcome the 1989 Final Decision noted in the
Lucero Affidavit. Therefore, the Tribe's actions invalidate, without legal merit or
moral cause, the historical entry on the 1913 Pala Allotment Roll verifying
Margarita Brittain's 4/4 Indian blood status.
For twenty-three (23) years, the United States of America and all of the
unjustly disenrolled Pala members have acted in reliance upon the 1989
Department of Interior Final Decision. Absent any factual justification for Robert
Smith's recent disenrollment actions, historical "baseline genealogical" federal
records are altered, all without lawful cause.
RESPECTFULLY SUBMITTED this 30
th
day of May, 2012.
LAW OFFICES OF DENNIS G. CHAPPABITTY
ennis G. Chappabitty, OBA#16 7
P.O. Box 2050
Elk Grove, CA 95759
(916) 682-0575 (voice/fax)
Certificate of Service
I hereby certifY that a true and accurate copy of the foregoing was mailed by
United States Postal Service First Class Mail this 30
th
day of May, 2012 to:
Amy Dutschke (Fax)
Regional Director
Pacific Regional Office
Bureau of Indian Mfairs
2800 Cottage Way
Sacramento, CA 95825
-2
Del Laverdure
Acting Assistant Secretary - Indian Affairs
Bureau of Indian Affairs
1849 C Street, NW
Washington, D.C. 20240
Mike Black, Director
United States Department of Interior
Bureau of Indian Affairs
1849CStreet,NW
MS 4606MIB
Washington, D.C. 20240
Robert Eben
Superintendent
Southern California Agency
Bureau of Indian Affairs
1451 Research Park Drive
Riverside, California 92507
James W. Porter, Attorney-Advisor, Office of Solicitor (Email only)
Jeffrey C. Nelson, Assistant Solicitor, Branch of General Indian Legal Activities
(Email only)
Teresa Villa, Secretary
Pala Band of Mission Indians
PMB 50,- 35008 Pala Temecula Road
Pala, CA 92059
-3
, ,
AFFIDAVIT
State of New Mexico)
) ss
County of Bernalillo)
BEFORE ME, the undersigned Notary, on this v?fIII day of May, 2012,
personally appeared ELSIE H. LUCERO, known to me to be a credible person
and of lawful age, who being by me first duly sworn, on her oath, deposes and
says:
1. I am a resident of the Isleta Pueblo, New Mexico, and make this
affidavit in support of the efforts of 162 members to challenge the decision of the
Executive Committee, Pala Band of Mission Indians (Tribe) to disenroll them as
tribal members.
2. I worked as the Enrollment Specialist at the Southern California
Agency, Bureau of Indian Affairs (BIA) from September, 1985 until I retired in
2005. As Enrollment Specialist, I was the primary Agency staff person
responsible for researching historical documents and locating all supporting
documentary evidence sufficient to determine enrollment eligibility for the
disenrolled individuals who are direct descendants of Margarita Brittain.
3. I have throughly read a number of documents, two hundred and forty-
four (244) pages, included in a package sent out by Robert H. Smith, Tribal
Chairperson, dated March 29, 2012, to all adult Pala Tribal members of the
Page -1
Tribe and make the statements and conclusions in this affidavit based on my
review of this recent information and my personal recollections and observations
of events and actions related the blood quantum of Margarita Brittain.
4. After review of the package of documents sent out to all adult members
of the Tribe by Chairman Smith referred to above, I do not see documents
anywhere in it related to the 1921 Probate of the Estate of Merced Nolasquez,
the half-sister of Margarita Brittain. Contained in this 1921 Probate hearing is
the sworn testimony of "Carolina Nolasquez", the daughter of the decedent,
Merced Nolasquez. It is my conclusion that this omission was intentional since
exclusion of this 1921 evidence gives the appearance that there is no reliable
evidentiary basis to conclude that "Peligrino Ortega" was the father of Margarita
Brittain. This is not true as I describe below. I attach to my Affidavit three (3)
documents from this Probate that were excluded by the Tribe.
5. My review of the entire record in this matter that resulted in me
executing a sworn affidavit on February 6, 2012, failed to show any reasoning
from the Tribe upon which to base the June 1, 2011 disrollments of Keith C.
Denver, Milton K. Denver, Anthony A. Freeman, ginal L. Howard, Luanne Moro
and Cheryl L. Majel.
6. The March 29, 2012 Smith letter cites: "As a reminder for an individual
to be 4/4 both of their parents need to be specified as 4/4 Blood and as the
Page -2
records show, the father of Margarita Brittain is unknown."
7. After my review of his statement quoted above and the voluminous
documents attached to his letter, I conclude that Smith's reasoning is
unsubstantiated because it is based on a confusing record that excludes key
documentation proving, by a preponderance of the evidence, that Pelegrino
Ortega was the father of Margarita Brittain. Further, this confusing record of
over 244 (two hundred and forty four) documents excludes key and relevant
historical BIA documents proving that the father ofMargarita Brittain is known.
8. I was responsible for the research and drafting of letters that explain
the BIA's findings and conclusions in the 1980's that Margarita Brittain was 4/4
Indian blood and her father was "Peligrino Ortega".
9. In my direct professional involvement in the issues involving the blood
quantum and parentage of Margarita Brittain, I used commonly accepted
standards, principles and rules in establishing Indian blood quantum, such as
''burden ofproof', "preponderance ofthe evidence", "reliable evidence" and "most
good evidence".
10. From my years of experience in balancing, weighing, evaluating
evidence or documents as proof to establish Indian blood quantum, I conclude
that Robert Smith's statement that "the records show, the father of Margarita
Brittain is unknown" is erroneous and totally fails to explain any legitimate
Page -3
basis for any of the one hundred and sixty two (162) disenrollments at Pala.
Smith and the Tribe's Executive Committee/Enrollment Committee have not met
their "burden of proof' to substantiate this statement by use of commonly
accepted standards, principles and rules for establishing Indian blood quantum.
11. It is my opinion, as based on the record available to me, that Robert
Smith's recent distribution of the documents attached to his March 29, 2012
letter to all adult tribal members is intended to fool those members into
believing that he has credible evidence to question the validity of those
Department of Interior findings, conclusions and decisions made over twenty
three (23) years ago.
12. Robert Smith's letter is nothing more than an expression lacking any
factual support or credibility. My conclusion is valid with nothing in the record
at this time that the Tribe has officially filed any formal written position
supported by any evidence with the Regional Director during the appeal of the
disenrollments,
13. It is my conclusion that if the Tribe believed its position on the matter
of the identity of Margarita Brittain's father was the most correct position, then
Tribe would have filed its position with the Regional Director, Pacific Region,
BIA.
14. In support of my conclusions III this Mfidavit, I make specific
Page -4
reference to a letter, dated January 17, 1986, signed by Ronald M. Jaeger, Acting
Area Director, Sacramento Area Office, BIA which states:
3. In conformance with Carolina Nolesquez's July 1921
testimony, a research of Margarita's and sisters'
1928 applications, as follow, indicate that Pelegrino Ortega, 4/4
Agua Calients, could have been Margarita's father:
15. In support of my conclusion in this Affidavit, I draw specific reference
in this Affidavit to part of the May 1, 1989 Final Decision rendered by Donald
F. Asbra, Acting Assistant Secretary Indian Affairs that has been placed into
the record on appeal to the Director, Pacific Region, BIA, Sacramento, CA:
Based on the statement of Carolina Nolasquez that her mother,
Merced Nolasquez, and Margarita Britten had the same father,
Peligrino (Saubel) Ortega, the fact that Margarita used
"Sauber' as her maiden name, the 1910 family history cards
that showed the children of Margarita as possessing 112 degree
Cupa and 112 degree blood and the united
Industrial Status Report prepared around 1910 which stated
that Margarita was a fullblood, we have concluded that
Margarita Britten was a fullblood Indian. Weare directing
that the blood degree of her descendants be reviewed and
Page -5
corrected accordingly.
16. The Final Decision issued by Donald F. Asbra in 1989 was the result
of an intensive methodical process of reviewing, weighing and balancing
evidence and documents submitted by the appellants at that time to support
their burden of proof that Margarita Brittain was 4/4 Indian blood. This same
kind of accepted methodical process, using those commonly accepted standards
noted above, are totally missing from the letter and documents sent out to all
adult tribal members on March 29, 2012.
17. It is my opinion that the Central Office, BIA, Washington, D.C., based
their decision on the supporting documents in the original appeal for
descendants of Margarita Brittian and conclusively substantiated that
Margarita Brittian is 4/4 Cupa Indian. The Pala Executive Committee failed to
abide by the Final Decision and ruling made by Mr. Walter Mills, Acting
Assistant Secretary, by letter dated May 17, 1989.
18. It is my opinion that Margarita Brittian's father is Pellegrino Ortega
based on the preponderance of evidence originating from 1) the sworn testimony
provided by Carolina Nolasquez and 2) the individual family history card for
Merced Nolasquez identifying Margarita Brittian as 112 sister, with same father,
different mother.
19. I would offer sworn testimony in a court of law or other tribunal to
Page -6
support the correctness of those statements, conclusions and opinions made in
this Affidavit.
Elsie H. Lucero
P.O. Box 524
Isleta, New Mexico 87022
Subscribed and sworn to before me, of May, 2012.
OFr lelA/- SEAL
F.. l{ONTOYA
[Notary Seal:]
rvblic
.. :nate of lit Mexico
5 /). My Commission Expires
[signature of Notary] (/
NOTARY PUBLIC
/J ff d5/ J..;/
My commission expires: ______' 20LL.
Page -7
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of Carolina Rolasquez in the he1reb1p case of Merced
lIol.a8qu.es, deoeased Oupe. lilela :Bena.) .No.. 91, taken.
Job B. .Anderson. Exand ner of Inher1tanoo. at Pala, CleJJ.forma..
on JUly 22. 1921.
Ortssa sworn ae Interpreter)
Q. What is name, age and plaoe of residenoe'? A. Caroline
.L'iIolaaqu.ez. I am about 4'1 ;years old, and I l:1.ve at Pala, 09.11
forma.
ij. !fo wbat tribe dO JOu belong? A. Oup&, or nasion tr:1.be.
Q. l>o you know :l4eroed Holasl}Ues:? A. Yes, ab.e was mo'ther.
Q. Is Ll$l'ced liolaaques lead? A. Yes.
"" W.be.o. did abe dte? A. She diea. on Ausust 2. 1916,
Q. !l!o what trabe did She belo1l81 A. Oupa.
Q. W.bere did she die? A. S.be d1ed neal' .R1ncoo.o., Clal1for.o.:1.a. but
her waa broUght to lIala for burial.
Q. Bow old was .l4eroea. Bolesques: .ben sb.s Ued? A. She was about
86 J'f'al'S oU.. (boords allow 86) . .
Q. Did .Merced Holasquez have an allotllle.o.t of land.? A. Yes, abe
was allotted on the Pala Indian .lieeervat:1.on. Cal1forn1a.
What, 1f a.rq, personal property did Jiereed llolasques have at
the time ot' her death? A .l!Io.
Q. J)ld she execute a will prior to her death? A. 110.
Q.. Was 1I1&rosd Iiol.asquss ms.:rried at the time 01 her death? A.
Bo. she was a,w1daw.
Q. Row 1IlaD7 tiDies .bad ahe been married\' .4.. Just one time.
Q. What was the name her husb8.ll4? A. Sylverl0 Bolaequez.
Q. Is S:yl.ver10 J'olaeques dad? A.. Yes.
Q. When did he d1e? A.. lie d1sd 0.0. J11.ly n, 1910.
Q. !1!o "bat tribe d1d .be belong? A. !{:Lea1on.
Q. :DO J'Ou lalow when l.Ieroed nolasqu.es was marr:1.ed to
lfolaeques? .L !l!hey must have been mar:r:1.ed over 60 ago.
Q. Row were they ma:r:ried? A.. fbe;V \Vere l'IIarr1.ed Inllian custom at
:firat, but late:' WBre married by the lIl'1est.
Q. And you sa:.y Silverio liolasquez was the only .bu..band that
1I81'08d Bolaequez ever had? A. Yes. he was t.be onl:y one.
I(. Row.me.z1y oh11(b.tsD did lieroed Bolasquez bave? .4.. She b.a4
11 ch1ldre.n, SalvadOr JlOlasQU6.1!1. ;Ramon Boleeques, Oeo:11:1.o
Bolasquez. IgnaG:l.o BOlasques, Olaud1na Nolasques. Ba.:raal
Bo1asquez. J!e4ro liolaeC11lez. and tbree who died when they
were babies. I dOn't lalow their names, and
Q. Who was the father of these oh1ldre.o.? .A. S;,vlve:r10 Iiolasqaez.
Q. Row m.any of tbese ohildren ere living? .Ii. S:l:I:, Salvador. Hamon,
Oeo11io. Olewlina. Bafael, and myseU.
Q. When 41d Isnacl0 l'Iolasquez die? A. He died 0.0. Febru.a:r;y 11 1912.
Q. 110w Old 1rU he when he died? A. Be w"". about 35 yous 01d:
Q. Did he have arq children? A. Bo.
Q. Was he married? A. Jlo.
CEll'ol1ns. Holasquez. -2
When did l'edro lIolesquslZlil die? A. He died many ;veal's before
.b.iS JIlO ther
Q. Bow old was l'ea.ro when he tied? A. Be was two or three :veere
olci.
Q. You &a:v JOur motbel' .had three c.b.ildren whose .names ;you do not
knOW all of wbom died wben they WEll'S babies? A. Yes.
Q. Did they all three die before your mother? A. Yes.
Q:.. 'l!hen .. as I 1W.deretand it. at th" rrt bor lfe:roed
lIoUsQ.'llex baci su: ob.ila.:tan l.iv::1ll6. n. Oeo1110,
Ol.auM.r:la. lla:fael eJ1d ;yourself? .A.. Yes, that is right.
Q. JlO ,ou know the llEll'ents of Keroe' liolasquez'l A. I c1.on
1
t
knOW names, the, died long ago.
Q. .Did Ileroe4 lIolasCJU,e.z .have an:v brothers or sistel'B? A. She
.had three haU-bro1iJJ.ers.l. Ambrollio ortePt Ortega, and
John Ortep.. are &1.1 living. !.he:v.oaa. same father, bu't
diffuent mothel's. She.l:\ad five half-sieters. ifa:rsarita
Brltten. llafaela a..l.1.D.pish. lIelv1na S1b:1.mlloat. Ysa40ra ll1cbao,
and .Ma:I:'oella Slb1mooat" by.bad same fa1iJJ.er, but different
mothers.
Q.. Bow lD8lI.Y of these haJ.:f-s1stera are J.1vixI8? A. ![two are dee.ci,
Y8ac1.01'a ll10hac and Haroelle. Bib1.mooat. !!'!hey bo'tb. died before
:lrleroed lIolesques.
<i;!. Jl1ci lIeroed lIIolasquez ever 11va on her allotment! A. abe lived
on my faiiher's elloiment. not on her CWll.
Lt\h

a.nerpretei"A
Subsorlbed and sworn to before
Wltness:
Carolina Dolasquez.
Sex - Female.
Age - 4'1 18a1's.
Tribe - ll18sion
Address - Pa'la. Oalifornia.
Keane of knowledge - Daughtgr Of decedent.
Interest in case - Inherits lla:t't of eetate.
impression
and oretibil1t:v of' wit.l:l6as - Excellent.