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...

 

 

Contact:         Corporate concern.............. Attorney Jeff Proper........... (602) 235-9555

 

                        Constitutional concern....... Attorney David B. Smith..... (480) 990-7500

 

                        Criminal concern................. Attorney Ulises Ferragut.... (602) 324-5300

 

                        Criminal concern................. Attorney JoAnn Garcia........ (602) 506-4111

                                               

                        Civil concern…………………Attorney Dave Davis……….(602)254-1444

 

                        Image Concern.................... Publicist Michelle Powell... (256) 746-0052