ABSRA BRIEF
Updated for Trial Closing
Arguments, December 14, 2004
America's Buffalo Soldiers Association, Staff and its
Founder are in a battle for their lives…WHY?
Written By: Michelle Powell
The name Buffalo
Soldier paints an image of rugged horseback riding military men fighting
America’s battles in the mid 19th century in what one could refer to
as the “Wild West”. In truth, America’s
Buffalo Soldiers derived its name from black Americans who were denied the
right to serve this country in prior wars because of their race. A group of these Black Americans found a way
to serve their country in 1866, immediately after the Civil War as 9th
& 10th cavalrymen and 24th & 25th
infantrymen whose job it was to keep the peace with the Indians because of the
perceived comity which these minorities would have with each other. Many blacks were eager to enlist because the
United States Army afforded them an opportunity for economic betterment, which
society did not. From 1882 to 1894, 18
of America's Buffalo Soldiers became Medal of Honor winners. These four regiments were ultimately painted
with the name Buffalo Soldiers by the Plains Indians.
America's Buffalo Soldiers’ tradition carried them through
virtually in tact until the integration of the armed services by President
Truman in the 1940s. Their reputation of
honor, respect and discipline became unparalleled. They fought in the Indian Wars, the Spanish
American War, Philippine Insurrection, Mexican Expedition, Cuban Crisis, WWI
and WWII and since then Black Americans serving in the United States military
have fought in many other conflicts like Korea, Vietnam, Gulf War, Afghanistan,
and now Iraq.
Charles F. Long II is
the founder and president of America's Buffalo Soldiers Re-Enactors Association
(ABSRA), 9th & 10th Cavalry, 24th & 25th
Infantry, born in the territory of Detroit, Michigan. He wears the rank of Colonel and is the
great-grandson of Charles F. Long, an original member of the 10th
Cavalry, and the grandson of Frank Long, a member of the succeeding 24th
Infantry. Charles F. Long II, a patriot
with a brave heart, came to Arizona in 1987 and is married with five children
and two grandchildren. Prior to planting
his roots in Arizona, Mr. Long attended Wilburforce University, was an enlisted
member of the United States Marine Corps serving two tours of duty in Vietnam
from October of 1965 till June of 1967, a Washington DC police officer, a radio
and television talk show host, Disc Jockey, and junior high school substitute
history teacher. Since being in Arizona,
he has served as football and basketball coach for the Scottsdale Boys &
Girls Club. Ultimately, Long worked with
Arizona stunt master Ron Nix and actor Richard Roundtree in a western movie
entitled Bad Jim. Long worked on
feature films Posse, Tombstone, Wyatt Earp and TV series Young
Riders. He is also a former member
of the Arizona Governor’s African-American Advisory Council.
In 1989, Charles Long
created a way to keep America's Buffalo Soldiers name alive by training new
recruits to play roles as Buffalo Soldiers, stuntmen, cowboys and extras in
western movies, commercials, public service announcements, TV specials,
national and local parades, school performances, color guard, honor guard,
funeral details, Annual Humanitarian Awards and other civic events. Mr. Long went further and acquired a United
States Patent, Trademark and Service Mark in hopes to keep an
important part of America’s military history alive. In ABSRA’s national effort to keep America's
Buffalo Soldiers 9th & 10th Cavalry, 24th
& 25th Infantry’s history alive, ABSRA’s State directors wear
the rank of Captain, Regional directors wear the rank of Major and ABSRA
Headquarters director wears the rank of Colonel. America's Buffalo Soldiers Re-Enactors
Association is a Ministry similar to the Salvation Army, yet guiding
young people of all persuasions, with a special emphasis on youth-at-risk in a
no-nonsense military environment via Caring Adults Providing Support and
GuidanceSM (CAPSAGSM).
After coming to
Arizona, ABSRA's Colonel “Chuck” Long was asked by General Colin Powell to use
America's Buffalo Soldiers’ desire, dedication and discipline existing in its
adult program to additionally give something back to the community by helping
America’s youth and adolescents with difficult and often times, violent
histories; to redirect their considerable negative energy in a positive and
productive manner – so was born and added the present America's Buffalo
Soldiers CAPSAG Youth Programs for America’s Promise. Because of Long’s attendance and experience
at Hall of Divine Child Military Academy (Monroe, Michigan), St. Thomas
Military Academy (St. Paul, Minnesota) and the United States Marine Corps,
ABSRA’s Colonel Long believed that with a military style boot camp discipline
program, these troubled youths could be taught and redirected to become
positive members of society rather than lost souls, troubled teenagers and some
future baby face criminals of America.
Colonel Long’s
philosophy, stemming from America's Buffalo Soldiers’ history of adversity, was
to teach these youth Sacrifice, Honor, Respect, Desire, Dedication and
Discipline. Starting with honor and
respect for themselves and a belief that if one respects himself or herself, he
or she will then deal with and treat others with that same respect.
Colonel Long implemented this concept in September of 1989 and
over 1,500 adults and troubled youth from across the United States have
participated in ABSRA’s Youth or Adult programs. The youth who have participated have come
from all walks of life in Arizona and the nation. They have been referred to the program
by the juvenile courts, probation officers, city police, the Sheriff’s
Department, culturally diverse parents, local churches and word of mouth. For many of these children, America's Buffalo
Soldiers CAPSAG Youth Program is the court of last resort for both them
and their parents.
The participants
range from pre-teens to adolescents.
They are participating in a prevention program with the written consent
of parents, guardians and the local court system when applicable. On the mild side, they range from
individuals with extreme rude and disrespectful behavior to parents, teachers
and the laws of our community and, on the sever side, individuals who have
assaulted their parents, slashed car tires, stolen cars, done drugs and failed
in their academic programs. Some of
them have already engaged in criminal behavior and have been part of the past
and present criminal justice system.
Their parents have turned to America's Buffalo Soldiers as a “last
resort”. No other form of self-imposed
parental discipline, psychological counseling or court punishment has altered
their behavior. These individuals are not participating in America's Buffalo
Soldiers to be coddled. They are
there to understand that their behavior is unacceptable and be taught to
redirect their substantial negative energy in a way that will positively impact
their lives and the lives of everyone around them. These children are guilty of adult and
community abuse… not victims of child abuse.
The Code of Conduct
for America's Buffalo Soldiers teaches respect for self, respect for parents, respect
for teachers, respect for the laws of our community and respect for the history
of America's Buffalo Soldiers. The Honor
Code among the participants teaches “to be forever loyal to the history of
America's Buffalo Soldiers and not lie, not cheat, not steal nor tolerate
anyone in [their] lives who does, so help [them] God.”
Understanding that
all conventional records of altering the behavior patterns of these
participants has failed, ABSRA’s Colonel Long imposes military-style
discipline, leading to self-discipline and self-respect. This program may seem extreme to the average
well-mannered and well-disciplined family, but it is absolutely necessary to
avoid many of the program’s participants from becoming short or long-term
residents of Arizona’s Sheriff Joe Arpaio’s jails or any other jail in America.
May 28, 2004 Amanda
J. Crawford wrote an article in the Arizona Republic entitled “Arizona leads
the west in prisoners per capita”.
According to the annual report by the U.S. Department of Justice’s
Bureau of Justice Statistics (June 30, 2003), Arizona has more prisoners
in private facilities than most states and is ranked 8th in the
nation in the number of minors in adult facilities. Arizona’s Maricopa County jails have the 4th
highest population nationwide. Laura
Sager, Executive director of Families Against Mandatory Minimums stated that,
“Arizona’s crime rate remains high and has fallen much less than other states
in the region. Therefore, Arizona should
take a good look at what other states are doing to reduce prison population and
increase safety by investing in programs that work, like substance-abuse
treatment and programs for at-risk youth.”
America's Buffalo
Soldiers CAPSAG Youth programs include a Rite-of-Passage, Day-in-a-Life,
Suspension/Expulsion and Summer Endurance wilderness program including 35 days
of wilderness survival and training.
This program involves a degree of risk, all of which are approved by the
parents and guardians in writing.
Statistically, however, the incidents of serious injury and death in
wilderness programs are far less than the risk of serious injury or death in
high school football or jails.
Unfortunately, Anthony Haynes became one of those incidents.
Anthony Haynes, age
fourteen (5’10” – 216 lbs), was referred to America's Buffalo Soldiers
program by a family counselor and signed up by his mother, Ms.
Melanie Hudson. Haynes was prone to fits
of rage and throwing food and plates across the room in front of his mother and
siblings. He pulled a knife on his
mother, cut the fuel line of her car and slashed the tires on her car
twice. Haynes’ mother disclosed to
Colonel Long in front of other parents that she was literally afraid to live
with him.
Haynes began ABSRA’s
program in March 2001 and did not graduate from ABSRA’s thirteen (13) weekend
Rite-of-Passage in June of 2001, the initial prevention ABSRA program. Hudson was still concerned about her son’s
behavior after the Rite-of-Passage. She
did not have the money required to enroll Haynes in ABSRA’s Summer Endurance
Wilderness Program and asked Colonel Long if anything could be done to
assist her. While some private grants
are available for ABSRA’s youth programs, none were available that summer for
Haynes. Nonetheless, Colonel Long
allowed Ms. Hudson an opportunity for Haynes to participate in the summer
program without a grant or donation.
Haynes’ parents told the Arizona Republic newspaper, Montel Williams and
other national media that they had paid America's Buffalo Soldiers $2,000.00
for his Summer Camp donation.
That was a lie.
Hudson failed or
chose not to follow the instructions of Anthony’s treating psychiatrist, Dr.
Lisa Coburn of the Devereux Arizona Treatment Network, who told her to disclose
to ABSRA (as is required in ABSRA’s written medical form issued by camp
officials), his suicidal tendencies, his efforts at self-mutilation and
eating inedible objects (dirt, garbage, pins, sticks, etc.) to make himself
sick or die. Private investigator Rich
Robertson and Long’s (former) attorney, Ulises Ferragut, Jr, verified this
information. During Long’s trial, Dr.
Coburn testified that she did, in fact, tell Hudson to inform ABSRA of Haynes’
condition, including his liver problems that threatened jaundice and pancreatic
complications, and that Hudson should also take her son to see his primary care
physician before enrolling him in the ABSRA summer program. Hudson did neither. Dr. Coburn also testified that Haynes was
capable of destructive behavior and “would do anything to get what he wanted”.
While questioned by Deputy County Attorney, Kristen Larish,
Hudson testified that her son had emotional problems for a number of years and
was being treated and medicated for attention deficit hyperactivity disorder
(ADHD), anger and extreme anxiety attacks.
Anthony Haynes’ emotional problems lead him to violent acts of
aggression against his mother and siblings and was declared suicidal, according
to Haynes’ psychiatric evaluation that was introduced by Long’s defense
attorney, JoAnn Garcia.
Michael Kiefer,
reporter for the Arizona Republic who witnessed the trial reported that Hudson
“detailed the medications and medical conditions that may have contributed to
Haynes’ dehydration and death.” As a
result of taking eight different types of psychotropic medications over a long
period of time, Haynes developed liver problems.
“By knowingly
withholding information about Anthony’s true medical condition,” Long stated,
“Ms. Hudson made ABSRA and its staff responsible for her child who should have
been under a doctor’s supervision and in a residential care center”.
Colonel Long has been
charged by the Grand Jury with second degree murder, child abuse and aggravated
assault arising out of Haynes’ death at the Buckeye
Hills Shooting Range, Obstacle Course and Recreation Area. These charges appear motivated by the uproar
surrounding the media coverage of Haynes’ death, Hudson crying like Susan Smith
of South Carolina, but not by any facts which would tend to suggest that
Colonel Long either intentionally or unintentionally did anything to
cause Haynes’ death, child abuse or aggravated assault. Colonel Long was not at the motel where it
was alleged that Haynes drowned. In
fact, the supervising adult present with Haynes was (then) camp counselor Troy
Hutty. As Kiefer reported in his October
20, 2004 article, “Troy Hutty pleaded guilty to negligent homicide in Haynes'
death, and was promised a sentence of probation if he testified in Long's
trial. But Hutty, 32, had difficulty remembering many details, and in his testy
responses to the prosecutor's questions, reinforced the defense's argument that
Long was not with Haynes as he was dying nor when other allegations of abuse
took place.
It is a patently
absurd proposition to suggest that the man who founded ABSRA’s program to
convert these difficult youths into productive members of society would
deliberately take any action designed to cause anyone’s death including Haynes.
Secrecy is supposed
to be an essential element of a Grand Jury to determine whether to indict
innocent parties for alleged crimes through an investigation of essential
elements and fundamental rationale which are supposed to be a guaranteed
secret. Who informed television’s
CBS 48 Hours news program of the Grand Jury indictment and invited them to the
arrest of ABSRA’s Colonel Charles F. Long II by Maricopa County Sheriff’s
Detectives on February 15, 2002? WHO?
January 12, 2003, The
Arizona Republic Newspaper reported that Judge Maurice Portley of Maricopa
County Superior Court (Chairman of former Governor’s 2001 Boot Camp Task Force)
said that an Arizona child agency can’t be blamed for an abuse death if the
reason the agency was called wasn’t directly connected to what killed the
child. “We need to know how they
died, if that death was in any way attributable to the reason the agency or agent
was involved in the first place.”
On July 30, 2002, the African-American Christian Clergy Coalition
(AACCC) consisting of some 50 local pastors under the leadership of Chairman
Rev. Alexis A. Thomas wrote a letter to Maricopa County Attorney Rick Romley in
support of Colonel Long. The AACCC
stated “the rationale behind charging Colonel Long with second degree murder is
that he is responsible for the organization and the actions of his
subordinates. In using that rationale,
Sheriff Joe Arpaio should be sitting right next to Colonel Long, as he would
also be held responsible for the actions of his officers in the jail
system.” Under Sheriff Arpaio’s command,
there have been numerous deaths resulting in several law suits; the most recent
law suit resulting in $20,000,000 filed by Attorney Michael Manning for the
wrongful death of 31-year old Charles Agster in Sheriff Arpaio’s jail.
In a perfect world,
no youth would die from an automobile accident, a football injury, sitting at a
hockey game and being struck by a puck, or participating in a wilderness
program like Anthony Haynes. While sad
and unfortunate, Haynes’ death, charges of abuse and aggravated assault will
never be established as the cause of any intentional or other conduct on the
part of the program’s founder, Colonel Long.
According to ABSRA’s corporate Attorney Jeff Proper, the fact will,
however, establish that when Colonel Long became aware of Haynes’ condition, he
took immediate life saving measures to keep him alive until the paramedics
arrived on the scene and flew Haynes by helicopter to Arizona’s Maryvale
Hospital, where he was later pronounced dead.
Following Anthony
Haynes’ unfortunate death, a rash of highly inaccurate reporting appeared in
several media outlets including: The Arizona Republic, Scottsdale Tribune,
Phoenix New Times, local, national and international media, Maxim (extreme
deformation) Magazine, The Reader’s Digest, CBS’ 48 Hours (Maricopa County’s
soap box) and the Montel Williams Show (An ABSRA Humanitarian Awards
Recipient). In January of 2003, the
Arizona Republic’s respected columnist, Mr. E.J. Montini, stated, "Reporters
are the first ones to criticize law enforcement officials when they’re slow to
provide us with the information we want.
So maybe we shouldn’t complain when they fool us into printing something
we shouldn’t by applying the kind of spin that not only diverts attention from
the real issue but denigrates the victims.
Maybe when that happens we’re only getting what we deserve.”
On April 24, 2003,
Mr. Montini also stated, “Just before that American forces stormed across
the border into Iraq and all hell broke loose in Gilbert, Arizona on it’s
local TV and newspapers. Because it was
a slow news day, TV helicopters were up in the air in seconds, the satellite
trucks were dispatched to Gilbert High School within minutes because the
Gilbert Police Department sent out a press release announcing that it had
busted up a Columbine-like plot by a group of Gilbert High School students
who planned to kill everybody except their friends.” This press release led to local Arizona
papers screaming, “massacre plot”
(like, Murder in Boot Camp). “The
Arizona Juvenile System has children in it charged with much, much nastier
crimes, none of whom had their names and faces plastered all over the
news.” Mr. Montini continued to say
that, “Kids do dumb things. If
they involve threats, then grown-ups have to act and act quickly. But they also have to act like
grown-ups. This time, it was the adults
who lost their heads and the kids who got massacred.” In the case of America’s Buffalo Soldier’s
Boot Camp, it was the children who lost their heads, involved themselves in a
conspiracy, suicide and alleged abuse. ABSRA’s staff and founder’s reputation
got massacred, persecuted and dehumanized.
September 23, 2003,
Kathleen Parker of the Tribune Media Services wrote an article in the Arizona
Republic entitled, If We Pimp The News, We’re All Going To Lose. “The media increasingly are perceived as
the world’s pimp, selling cheap stories for slicker suits and flashier
careers. In the absence of salable
truths about lying politicians – the Woodward and Bernstein template that
introduced careerism to newsrooms – reporters are increasingly willing to
fictionalize. Too many reporters
maliciously altered truth, from fabricating stories and sources to selectively
using partial quotes to purposely distort meaning”. What chance does America's Buffalo
Soldiers have in getting a non-bias jury and a fair trial? ABSRA’s Founder and
staff have been demonized and publicly hung.
NBC’s Dateline received permission to cover Long’s trial, which
began October 6, 2004. While the cameras
were rolling, of nearly 50 witnesses the local Arizona NBC affiliate KPNX
Channel 12 chose to highlight only the testimony of African-Americans and other
minorities who testified against Long.
The prosecution actually presented forty-one (41) witnesses with only
four (4) being minorities and they were the ones who made the news, including
Troy Hutty (who took a plea deal), Hassan Iverson and Chris Delaney. KPNX also
showed the testimony of Tebita Fernandez and LT. Carmelina Long (COL Long’s
wife – another person of color) who testified for the defense. All of these people of color were shown
against a crying white woman, Melanie Hudson, who was Anthony Haynes’ mother.
Was that to say
Long’s own people don’t support him? Where is the film on the minorities who do
support him, and the five (5) White witnesses who took the stand in his
defense? What about his other white and
minority supporters – some of who were present in court every day? Looks like
another case of one-sided or skewed reporting meant to extremely prejudice the
general public.
KPNX TV Channel 12
also put salt in the wound when it assigned its reporter, Mary Kim Titla (a
Native American), to slant the truth, “which is a throw back to
everything historically America’s Buffalo Soldiers tried to prevent and
have died for since July 28, 1866,” Long
stated.
That type of irresponsible
reporting has created a very negative and incorrectly perceived atmosphere
surrounding America's Buffalo Soldiers Association staff and its founder. The extent of this resulting atmosphere
creates the prospect of legislation that may well spell the demise of ABSRA
programs and projected plans including: 1. the $25,000,000 Fort
Powell (White Tanks, Arizona – original site Bumble Bee) - America's Buffalo
Soldiers Military Academy, College Preparatory Boarding School named in honor
of retired General Colin Powell, former Secretary of State in President
Bush’s administration, 2. ABSRA’s $5,000,000 Fort Flipper (Bumble
Bee, Arizona) – CAPSAG Academy is named after the first African-American to
graduate in 1877 from West Point Military Academy, born to a slave, Henry
Ossian Flipper and 3. Land granted by the Bureau of Land Management
(BLM) for construction of Fort Powell and Fort Flipper (log onto http://www.thebuffalosoldiers.com
for further details.)
America's Buffalo
Soldiers Re-Enactors Association, staff and founder have been tried and
convicted in the courtroom of public opinion. In the world of prosecution, a defendant may
be found guilty, a defendant may be found innocent or a defendant may be
manufactured. On May 21, 2003, the
Arizona Republic newspaper printed an article entitled “Assassination of Reputations is Just Too Easy”
by Thomas Oliphant. Mr. Oliphant said, “I
worry about the things done routinely in our business – to the public. For these sins, most of us aren’t really
sorry.” We do this all the time,
raising questions about people under rules that permit the most sinister answer
to be suggested instead of verified. Arizona
prosecutors should seek to provide justice first, not political
advancement.
March 13, 2003, the
Arizona Republic newspaper reported a story by Susan Carroll, that a 15
year-old Scottsdale teenager named Orlena Parker died at the 118-bed Devereux
Cleo Wallace Center. The Devereux
Center, located in Colorado is for troubled teens with emotional and behavioral
problems. Seven staff members held Ms.
Parker to the ground to restrain her after she acted aggressively, throwing a
fire extinguisher and charging a staff member.
Colorado Springs
Police LT Skip Arms said it took six females and one male employee to restrain
Parker, who stood 5 feet 8 inches tall and weighed about 270 pounds. LT Arms said, “She was fighting and
thrashing, and when she stopped, they released her and realized she’d stopped breathing.” Staff started CPR and called 911. LT Arms also stated that Devereux is under
investigation pending the autopsy results, but likely will not result in
criminal charges. Arms said, “Her
behavior probably brought it on.”
In the interest of Facts,
Truth and Integrity, why is there no local, national or
international media blitz on the Devereux Center as was given to America's
Buffalo Soldiers Re-Enactors Association staff and founder? Is Anthony Haynes and ABSRA more
important than Orlena Parker and the Devereux Center or is Anthony
Haynes and ABSRA a bias target?
Anthony Haynes was a Devereux Center patient.
On July 24, 2002,
ABSRA’s Colonel Long received a certified letter (first) from Mr. Mervin G.
Boyd, Acting Field Manager for the Arizona Bureau of Land Management, Phoenix
Field Office threatening the future of Fort Powell and Fort Flipper. Boyd stated in his letter that if ABSRA did
not submit information within the next 30 days from receipt of his letter, he
“[would] reject both applications.”
ABSRA has been working with the Arizona BLM office (Jim Anderson, Marlyn
Spears, and Hector Abrago) since December 12, 1997 and according to Colonel
Long, ABSRA has provided the BLM team of Spears, Anderson and Abrago all the
information that the BLM has asked for and accepted up to May 23, 2001 when
Colonel Long met with the former BLM Field Office Manager, Mr. Mike Taylor
regarding Fort Powell and Fort Flipper.
“The sudden urgency
to collect yet more of the same information, not certified by the BLM, is both
insulting and suspect,” says Colonel Long, and also leads to an interesting
read and concern for the June 19, 2001 Arizona Desert Advocate newspaper
article that stated, “ABSRA is getting a sneaky loan for $287,000,000
through the federal government” for the land and construction of Fort Powell
and Fort Flipper. Colonel Long “know[s]
nothing about such loan . . . but would like directions to it.” On Thursday, September 12, 2002, Colonel Long
received another certified letter from Mr. Boyd stating that in
accordance with 43CFR2740 (BLM Regulation), both applications for Fort
Powell, America's Buffalo Soldiers Military Academy and Fort Flipper, America's
Buffalo Soldiers CAPSAG Academy were rejected. “ABSRA’s only prayer [was] to file an appeal
within 30 days of receipt of that decision with the Interior Board of Land
Appeals, Office of the Secretary,” says Long.
ABSRA’S attorney Jeff Proper filed an appeal. In November, 2004 protect Arizona’s
Constitution from exchanging Trust Land and VOTE ‘NO’ for Proposition 100. Keep Arizona Trust Lands open and available
for John Doe citizen and not a political few.
Wake up Arizona.
Who is on line with the BLM for the White Tanks and Bumble Bee locations now? (Reference T.2N.,R.4W, G & SRM, Arizona Section 1, Lots 1-4, S1/2N1/2. and T.10N., R.2E., G & SRM, Arizona Section 28, NE1/4NE1/4. Read The Arizona Republic’s December 5, 2002 front page article (“Phoenix Seeks Big Land Grab”) written by Shaun McKinnon and Yvonne Wingett in efforts to protect this land “from hodge-podge developments” as food for thought. One should also see the publication Beyond the National Parks, a Recreational Guide to Public Land in the West, page 84 and 110, published in 1998 by the Smithsonian Institution in association with the BLM and read Arizona Republic’s February 25, 2003 front page article (‘New Shooting Range Draws Sheriff’s Fire” by Christina Leonard).
July 28, 2003, The
Arizona Republic printed an article in the editorial section written and
researched by Kathleen Ingley, entitled “Retooling a Trust, New laws are
needed to manage state lands for the maximum benefit for all.” Please note picture and caption of
Re-enactors. Also read Arizona
Republic’s Editorial Section for Saturday, August 2nd article
entitled “Land-rich, cash-poor, Kids & Cactus,” Sunday, August 3rd
Editorial Section “End the range war” and front page of Sunday, August 3, 2002 “Sweeping
Trust Land Reform In Works” also by Shaun McKinnon (see Tony Bostos’ Trust Land Map in
article). Who among the State of Arizona
and Maricopa County Board of Supervisors are involved and support other
developments in the White Tanks and Bumble Bee Arizona? Read Phoenix New Times, June 24, 2004
issue entitled “In The Crosshairs,” July 1, 2004 article entitled “Sheriff
Joe’s Real Estate Game” and July 15, 2004 issue “Arpaio’s Running Scared” all
articles written by John Dougherty.
Arizona’s former
Governor, Legislators, County Attorney’s Office, Maricopa County Board of
Supervisors, Maricopa County Sheriff’s Department, dishonorable parents, youth
and irresponsible Media defamed ABSRA’s Chuck Long and ABSRA’s programs
designed to help many parents with their last hope for their children. Perhaps most importantly, it could well
destroy the proud reputation and honor of the 9th & 10th
Cavalry, 24th & 25th Infantry 138-year history. ABSRA’s Colonel Long says, according to his
website (http://www.thebuffalosoldiers.com),
“America's Buffalo Soldiers … makes no apologies for its manner and
concentrates solely on results. ABSRA
produces excellence, provided everyone looks beyond their self-interest and
bias.” Arizona State Senator Chris
Cummiskey, in his quest to become the next Arizona Secretary of State, turned
America's Buffalo Soldiers Re-Enactors Association into a political football
and drafted the first Boot Camp Bill behind the suicide of young Anthony Haynes
and ABSRA camp conspirators. (Read
Arizona Desert Advocate Newspaper, June 19, 2001 issue.)
Former Governor Jane
Hull (R) who chose to ignore her party’s interest
and rushed into judgment of ABSRA’s Colonel Long and the business of America’s
Buffalo Soldiers Re-Enactors Association, accused ABSRA of “preying on
desperate parents.” She signed
Arizona House Boot Camp Bill 2610 into law behind a suicide that caused ABSRA
and its founder continued death threats, hospitalization, law suits, home
foreclosure, a repossessed vehicle, bankruptcy, $100,000 in unattainable legal
fees, and numerous financial losses in its business with dishonorable parents,
false allegations and fraudulent Buffalo Soldier groups. Some of these losses include ABSRA files and
archives, stored equipment and supplies, screen projects, producers pension
plan, a closed bank account, rejection of the Fort Powell & Fort Flipper
BLM Development Land Applications, over $450,000 in ABSRA contracted services
and the White Mountain Apache Indian Reservation (Council Approved Resolution
No. 06-2000-177) refusing to pay ABSRA $150,000 for sweat equity and services
rendered to White Mountain Apache youth, an original Buffalo Soldier
stable and other deteriorating buildings at Old Fort Apache. This disrespect has caused catastrophic
injury and has cost ABSRA, ABSRA’s staff, ABSRA’s founder and his family
its reputation and its dreams.
March 5, 2003, the Arizona Republic reported on
its front page (an article by Billy House), that the White Mountain Apache
Tribe is now considering an estimated $8 to $14 million dollar law suit
against the Department of the Interior for failing to repair buildings at Fort
Apache, one of the historic America's Buffalo Soldiers Arizona military
outposts on Indian land, according to the U.S. Supreme Court ruling March 4,
2003. Yet the White Mountain Apaches refuse to pay America's Buffalo
Soldiers for contract services rendered. Long said, “None of us should
want or need the government to serve as judge, jury and executioner. No
one wants the government to abuse its power and go after an individual,
department or tribe. That’s why America has the United States
Constitution.”
It is the hope of the
National Republican Congressional Committee that the Business Advisory Council with
Long as Honorary Chairman will be the voice of common sense. Did former Governor Hull ignore her party’s
mission to keep government regulation out of business or did she just
consider America's Buffalo Soldiers and its founder expendable?
On August 9, 2002,
Colonel Long received a certified letter from Mr. David L.
Matthews, Program Administrator of Licensing, Certification & Regulation
from the Arizona Department of Economic Security (DES) and a member of
Arizona’s Former Governor Hulls’ Boot Camp Task Force. Mr. Matthews informed Colonel Long that if
ABSRASM was currently providing services to at-risk children “or
should decide to do so in the future, ABSRASM must first contact
[his] department to determine the need for licensure.” Mr. Matthews also stated that Colonel Long
should not hesitate to contact him if he had any questions related to the
implementation of Arizona House Boot Camp Bill 2610 or the definition of restrictive
behavior management. Colonel Long
referred the matter to attorney David Burnell Smith for his review and
response.
Since August 9, 2002,
Mr. Matthews alleged that Long violated the terms of his release by carrying a
weapon in the presence of ABSRA children and three of his own. On December 2, 2002 in Maricopa County
Superior Court, Matthews filed a false report in association with
the Maricopa County Attorneys Office to revoke Long’s release, return him to
jail and raise his bond before Christmas 2002.
Judge McVey of the Superior Court denied the request. ABSRA’s Colonel Long was allowed to continue
his release, return to his family and manage his business. On February 28, 2003, ABSRA’s Jr. Drill
Instructor, Sirveorge Jones, was rearrested for revoked bond and had three (3)
attempts on his life while in Maricopa County jail. August 20, 2003, Judge Ronald Reinstein
released Mr. Jones with a curfew of 9pm to 6am to the custody of his mother,
ABSRA’s SGT Major Grateful Jones with Colonel Long present.
Why did Arizona
legislate against ABSRA’s United States patent and trademark? Does Arizona need to define ABSRA’s methods
(and that of similar services) in treating children with sever behavioral
problems to the extent that it becomes so regulated as to render it
ineffective? Will Arizona then take
responsibility for the next parent whose child falls victim to self-mutilation,
eating inedible objects and suicide? Why
didn’t former Governor Hull consider it necessary and sign legislation into law
against the Ford Motor Company trademark for its Crown Victoria issues, accidents
and deaths in Arizona? Yet, Jason
Schechterle, a Phoenix police officer who suffered horrific burns in the March
2001 crash of his patrol car, has sued Ford Motor Company, along with another
police association, accusing the automaker of negligence in a design of its
Crown Victoria police cars. Is
Arizona unconscious, bias or unjust and how does it pick its battles?
According to ABSRA’s
attorneys, the facts of this case will prove that Charles F. Long II was not
present on either occasion when the alleged abuse and “murderous” conduct
occurred. The allegations come from
disrespectful and disreputable candidates, three (3) former disgruntled
volunteers and compensated Drill Instructors (DI Greg Dickmann – Conspiracy
Leader, Ms. Andrea Dickmann and DI Ralph (RJ) Corriere) whose services were
no longer needed (terminated by Long), incited a riot (Class 2 or 5
Felony) Sunday morning, July 1, 2001 by telling camp candidates to “get some
bruises” because DI Corriere was coming back with Child Protective Services
on Monday, July 2, 2001. DI Corriere
also snuck his stepson out of camp on Sunday, July 1, 2001, stole a copy of
ABSRA’s Parent Roster and made alarming and lying phone calls to candidates’
parents. Some candidates on Sunday,
July 1, 2001 were witnessed by Parent Monitors hitting and kicking one another
under the camp ramadas.
Candidates lied to
their parents and the Maricopa County Sheriff, to get out of ABSRA’s Summer
Endurance Camp. They continued to
conspire, lie and defraud ABSRA’s insurance company, Colorado Western, in order
to put money in their pockets, (DO THE MATH). Colorado Western may be big and faceless, but
it doesn’t need to be cheated. Was
Colorado Western a victim of fraud? Or,
was it somehow a co-conspirator?
Colorado Western elected to pay out a financial settlement December 20,
2001 to Haynes’ parents before considering all the medical facts
and the objections of ABSRA’s founder. WHY?
August 18, 2003,
Colorado Western filed in Arizona State Superior Court of Maricopa County an
Interpleader Complaint as a result of twelve (12) additional and conflicting
claims relating to alleged abuse, Colorado Western Insurance Company is in
doubt and cannot safely determine, without great hazard to itself and its
insured, which claims it may safely pay.
Wherefore, Colorado Western Insurance Company prays for judgment that
each of the possible claimants and plaintiffs be ordered to interplead and
settle among themselves their rights and claims to policy of insurance. The Honorable Rebecca Albrecht, Judge of
Maricopa Superior Court, is now considering an insurance agreement that permits
settlement and no further depositions of plaintiffs over the objection of
ABSRA’s Founder, Charles F. Long II and other ABSRA staff.
Now, three years
later since the 2001 summer endurance boot camp, testimony has revealed that
alleged victims have misrepresented themselves and have violated the Victim’s
Rights Act. What if any recourse will
there be? When alleged victims commit
fraud against insurance companies, what can these companies do to recoup their
losses and how can this fraud grow to affect America’s general population? With the Victim’s Rights Act being a major
political topic during past elections, is the Victim’s Rights Act getting any
direct or indirect attention during this trial?
For example, Melanie Hudson was recently charged by the Arizona
State Attorney General’s Office for nine (9) counts of fraud for
continuing to take welfare checks from July to December of 2001 for Haynes
(then deceased) and his other siblings.
When questioned by Garcia during Long’s trial as to why she continued to
take checks for Haynes after his death, her response was “I guess I was on automatic
pilot. I just kept doing the things I
had been doing.”
April 18, 2004 the
Arizona Republic Newspaper View Points Section, printed an article
entitled, “Arizona Still a Leader in Championing Rights for Victims of Crime”
featuring comments of pride from Maricopa County Attorney, Richard Romley,
regarding Arizona commemorating it’s twenty-fourth (24th) Annual
Crime Victims Rights Week.
After reading the
article, Col. Long asked, “what leadership role does Arizona take now when the rights
for alleged victims of crime have been abused, misrepresented and disrespected
by the alleged victims themselves? What
constitutional amendment will Arizona champion for that crime?”
According to many
strong ABSRA supporters, the accusers should be the accused. The ABSRA 2001 Summer Endurance Camp
candidates scenario provided the smoke and the local, national and
international media provided the fire.
Their stories as told to the Sheriff’s investigators and media are
extremely disrespectful, desperate and change with the winds as proven by the
Sheriff’s own investigative reports.
This case stinks of a Whitewash, like The Clarence
Brandley, Rubin “Hurricane” Carter Stories, Arizona’s James Saville publicity
stunt and the Ex-Arizona Prosecutor, Kenneth J. Peasley Ethical violation.
Arizona Prosecutors
Mark Barry and Jeffrey Zick have concealed evidence and represented a
material omission of the facts to the Grand Jury favorable to Long and
ABSRA staff. A filed Motion to
Dismiss Indictment with Prejudice or Remand to the Grand Jury for
Re-determination of Probable Cause to Indict was disclosed in Maricopa County
Superior Court Friday, August 16, 2002.
The Court disregarded evidence presented plus case law and denied
the motion. WHY did Maricopa County
Superior Court not seek justice and instead allow a violation of Due Process
and Fair Trial Rights?
During the trial,
Long wrote in a letter to his attorney JoAnn Garcia, dated November 29, 2004,
“The Prosecutors have disregarded the Judge’s orders regarding any and all
allegations of abuse on Wednesday, June 27, 2001 [for which he was not
present], not bringing in original files of candidates [to disprove falsification
or manufacturing of documents offered by the Prosecution as originals],
filing motions and presenting arguments to keep out the truth of the Maricopa
County Board of Supervisors [in which witnesses committed perjury],
General Colin Powell [relating to his affiliation with and support of ABSRA’s
youth programs] and the indictments of Melanie Hudson by the Attorney General’s
Office for fraud is a slap in the Courts face, extreme attempts to prejudice
the jury and a blatant disrespect for the court, Judge Reinstein, previous
court orders and the Arizona justice system… which represents a kangaroo
court with white sheets in the jury box
and a modern day lynching.”
January 22, 2003, the
Arizona Republic newspaper reported that the Arizona Supreme Court threw out
the manslaughter indictment of Scott Maretick who was involved in a high-speed
car accident that killed his wife and left him with severe head injuries in
April of 2001. This case was thrown out
because a Scottsdale Police Detective and a Maricopa County Prosecutor misrepresented
and misdirected the Grand Jury.
Therefore, justices ruled that Grand Jurors did not receive a fair and
impartial presentation of Mr. Maretick’s case.
What happened to ABSRA’s justice?
America's Buffalo
Soldiers founder, Charles F. Long II, along with the Drill Instructors Ray
Anderson, Troy Hutty, Sirveorge Jones and Matthew Fontenot returned to Maricopa
County Superior Court on December 12, 2002 for State’s Motion to Consolidate
Trials for each of ABSRA ‘s African-American Defendants.
Maricopa County
Superior Court Judge McVey stated that a consolidated trial could taint the
Jury and cause a possible prejudicial deadlock. Therefore, Judge McVey denied the
State’s Motion to consolidate trials and further stated that ABSRA’s Colonel
Long was not present on Wednesday, June 27, 2001 during the alleged abuse and
only in the area on Sunday, July 1, 2001 when different allegations of abuse
and murder were made. Are Long and
ABSRA’s staff victims of an abuse of power by Former Governor Jane Hull,
Maricopa County’s Sheriff’s Department and Maricopa County Attorney’s Office?
Judge McVey ordered separate trials for Charles F.
Long II for June 9, and July 9, 2003 for Ray Anderson, Matthew Fontenot and
Sirveorge Jones with trial Judge Ronald Reinstein on both days and a status
conference March 14, 2003.
On March 14, 2003, Judge
Ronald Reinstein ordered that the property belonging to America's
Buffalo Soldiers Re-Enactors Association, presently in the custody and control
of the Maricopa County Sheriff’s Office be returned. He allowed the State until March 24, 2003 to
file its response as to why the State should continue to control and have
custody of ABSRA’s property. Without
response, said property has not been returned to-date.
Judge Reinstein also
Ordered defendant Long indigent pursuant to defendant’s financial
statement and avowals of Counsel. Judge
Reinstein denied the Motion (Arizona Rules of Criminal Procedure 15.9(a)) filed
by Long’s attorney, Ulises Ferragut, requesting the County to pay for medical
specialists and further investigation.
Instead, Reinstein ordered Long to the Office of Legal Advocate where he
is now represented by attorney, Joanna Garcia.
Mr. Ferragut was willing to continue representation without compensation
(waive his fees) for services only if there was appointment by the Court for
experts and an investigator.
Mr. Ferragut’s Motion
also stated that continued representation without appointment of medical
experts and an investigator at County expense, would result in a denial of
Long’s Due Process Rights and ineffective assistance of Counsel under
Arizona Rules of Criminal Procedure, Rule 32.1.
Arizona’s justice system is now in question. Will Arizona respect the law pursuant to Rule
15.9(a), Arizona Rules of Criminal Procedure (Jacobson vs Anderson) and
give Long’s attorney the experts and investigators to
compete against itself?
August 18, 2003 Judge
Reinstein ordered another pretrial hearing for Long only, October 3, 2003 for
State’s Notice of Intent to use Long’s other alleged crimes, wrongs or acts pursuant
to Rule 404(b), Arizona’s rules of evidence.
Judge Reinstein further ordered, based on the facts, that the scheduled
trial date for Tuesday, November 18, 2003 for Defendant Long was not realistic. Therefore, it was further ordered that this
date be set for a status conference for all defendants. Long’s Evidentiary hearing regarding prior
bad acts, Dismissal of Counts 2 - 9, Motion to Sever Count 10 and return of
Long’s property was continued to January 30, 2004.
Judge Reinstein advised Prosecutors, Mark Barry and Jeffrey Zick
for the third time (since 03/14/03), to prepare a list of all property to be
released to Defendant ABSRA’s Col. Long and to also prepare a
list of all the property not being released to the Defendant with an
explanation as to why the property cannot be released. As of December 10, 2004, prosecutors have
failed to follow Judge Reinstein’s order and still have not given back all the
property or made any list. January 30,
2004, Judge Reinstein denied motions to dismiss counts 2 thru 9 and sever count
10; and reset Long’s trial date for the fifth (5th) time from
September 8, 2004 to October 6, 2004.
Col. Long returned to Maricopa County Superior Court Friday, September
24th for his 46th Pre-Trial
Conference.
Ms. Garcia has been given the right to
interview any witness, such as Dr. Lisa Coburn whose deposition was ordered
on August 24, 2002, and any other witness who is not an alleged victim as
to defendant Long’s case, even if that witness is a victim in another
defendant’s case. Ms. Garcia shall not
disclose to other counsel in a case where the witness is an alleged victim, any
of the information from the interviews because of the exercise of victim’s
rights.
In addition, Garica
is to set up interviews on her own, if necessary, because Maricopa County
Prosecutor, Mark Barry, failed to cooperate with Garcia and previous
attorney, Ulises Ferragut. States
Attorney, Jeffrey Zick appearing for Barry, stated on August 18, 2003, that all
of America's Buffalo Soldiers’ property would be returned by August 22, 2003
which States attorney, Barry, has held in custody since July 6, 2001. Barry is now in contempt and has
continued to sandbag Garcia and stonewall Maricopa County Superior Court.
Since July 1, 2001,
Maricopa County Attorney and Sheriff’s department have obviously ignored and
refused to consider the Arizona Republic’s information that was provided on July
15, 2000 and written by Mr. Dennis Wagner entitled, “Mutiny At Boot Camp
For Kids Raises Questions.” The
article stated that the Phoenix based organization (ABSRA) runs a strict
program for children ages 7-17, most of whom were enrolled by their
parents. ABSRA’s 2000 Summer Endurance
Boot Camp regimen included forced marches, all black uniforms, in-your-face
discipline and a daily diet of an apple for breakfast, a carrot for lunch and a
bowl of ranch style beans for dinner which was supplied by their parents. During that Summer Camp, in the year 2000,
some of the 83 youths reported that they had also been kicked, choked and
subjected to other cruelty by drill instructors. They also told of being hand cuffed
together. These children lied.
According to the FBI,
Coconino County Sheriff’s Department, Bureau of Indian Affairs, White Mountain
Apache Police and White Mountain Apache Child Protection Services, no juveniles
were injured, therefore, no indictments and no arrests were made. After that investigation, ABSRA was told
to go back to work by its host, the White Mountain Apache Tribal
Council.
The “Mutiny” article of July 2000 also stated that in addition to
exercise, camp leaders used drama therapy, Buffalo Soldier history lessons and
bonding methods with parents knowledge and consent, while candidates made death
threats against ABSRA’s Colonel Long and concocted stories of mistreatment. One child spit in the Colonel’s face and
called him a racial epithet.
Again the idea of
mutiny and also conspiracy arose during the 2001 summer endurance boot camp
where Haynes died. During the first
weeks of Long’s trial several witnesses for the prosecution told inconsistent
and conflicting stories of the events surrounding the teen’s death and
allegations of abuse by other youths in the camp. As reported in The Arizona Informant
(November 3, 2004), “some witnesses, through their testimony, opened the door
to conspiracy, inciting a riot and directed mutiny by disgruntled former
employees,” Greg Dickman and R.J.
Courier and candidates Angel Campbell, Crystal Heras, Justin Bowe, David
Mandreas, Nick Conners Hassan Iverson
and Dane King.
In ABSRA’s 2001
Summer Endurance Boot Camp why were ABSRA’s Black drill instructors
the only ones indicted by Maricopa County attorney and Sheriff’s office and
none of ABSRA’s White drill instructors indicted or implicated? WHY?
Maricopa County
Prosecutors know the history of America’s Buffalo Soldiers and have chosen to
prosecute the history and its re-enactors, not a crime. They have elected to hinder ABSRA’s business,
credit, social and economic progress.
Why?
When Arizona presents
itself as a roll model with the ideal system, yet it cannot muster the
political will to live up to its own ideals of justice, it also allows innocent
lives to be destroyed while state and county crime is too easily dismissed.
Arizona is in a
desperate need of realistic civil and criminal remedies for judicial and
prosecutorial misconduct where prosecutors have concealed evidence favorable to
Arizona defendants. Arizona must provide
major reforms in its local and state justice systems, including its crime
labs. As the saying goes, NO JUSTICE,
NO PEACE. As a result, the ABSRA Sr.
& Jr. Divisions are an affirmation that spiritually has been and will
continue to be the backbone of America's Buffalo Soldiers Re-Enactors
Association’s faith and fight for justice in this country. Long said, “We are still disrespected
as our forefathers were on the Amistad.
Disrespect, Politics, Greed, Hate and Perjury got ABSRA into this mess,
God, Love, Truth and the spirits of our forefathers will get us out.”
Why was a visionary
who has shown such loyalty, dedication and service to our country and the state
of Arizona had his civil and constitutional rights extremely violated? Is ABSRA, its staff and its founder being
railroaded because Arizona’s system forgot the Emancipation Proclamation? In the end, supporters believe, justice will
be served. ABSRA’s Colonel Long and
staff will be exonerated and the good name of America's Buffalo Soldiers
Re-Enactors Association, 9th & 10th Cavalry, 24th
& 25th Infantry (U.S. Patent – http://www.thebuffalosoldiers.com),
and its important contribution to our nation, state, community, and its youth
will be preserved. If there is no
integrity in this justice system, there is no system. Who will uphold justice now? Who will
stand for integrity?
The defense has
rested its case and closing arguments concluded Tuesday, December 14,
2004. Long’s future is now in the hands
of the jury.
On Monday, January 3. 2005, ABSRA's founder Colonel Long was found guilty of Reckless Manslaughter and Aggravated Assault. Long was immediately taken into custody but not yet sentenced because two (2) jurors came forward with affidavits that informed the court that there was a great deal of jury misconduct, before and during the jury deliberations ...
Therefore, on Friday, March 4 2005, Maricopa County Superior Court Judge Ronald Reinstein conducted a hearing for jury misconduct with five (5) of the twelve (12) jurors and is scheduled to conduct a second hearing on Thursday, March 24 2005 at 1 PM, with the remaining seven (7) jurors for a possible new trial or case dismissed. During the first hearing, the court discovered that someone representing the state had tainted the evidence by sending a copy of the Arizona June 19, 2001 Desert Advocate Newsletter to the jury by either a member of the court staff, the two prosecutors or the two detectives transporting the evidence from the Maricopa County Sheriff's Department ...
There is still time
for the world to learn the true story of America's Buffalo Soldiers, who
left for Forts of 1800 representing Sacrifice, Honor, Respect,
Discipline and Justice on a long ride from hostile territory and desert
survival into history. The
Earth still remembers America's Buffalo Soldiers sacrifice even if some men and
women choose not. America's Buffalo Soldiers
Re-Enactors Association 9th & 10th Cavalry, 24th
& 25th Infantry has and can continue to produce excellence
provided everyone looks beyond their self-interest and bias (Note: Proverbs,
Chapter 10 verses 13 & 17).
America’s Buffalo Soldiers CAPSAG Youth Programs are the Salvation Army
for at-risk youth that the Boys and Girls Scouts of America don’t serve. “Today
some people are treating the symptom rather than eradicating the disease.”
(Charles F. Long II – 1996)
When we begin to treasure what we think we know, more than we treasure God, knowledge becomes an idol. All true knowledge whether it is theological, philosophical, legal or just plain pratical - is meant to help us love and serve God and our neighbors ... Know that humility has convinced me to be more careful about my self-assessments and has lead me to listen more humbly and judge the truth, the whole truth and nothing but the truth on its own merit. May I, Charles Long, with God's blessing, always choose the humble path and not allow myself to become puffed-up. Amen...