Wednesday, January 28, 2009

Could this be done anyplace else in Connecticut ?

State of Connecticut
Governor Jodi Rell
Commissioner Gina McCarthy
Commissioner John Danaher
Secretary of State Susan Bysiewicz November 17, 2008

Subject: Stop the Hate Crimes

In March of 2004 Michael Rost threatened me, my son Richard and his cousin, who were 15 at the time, my daughter Melissa and another nephew with his huge excavating machine, swinging the bucket filled with huge boulders over our heads. At the time, we sat peacefully on different boulders, hoping that our presence there would stop this volatile man from further despoiling and destroying the tribe’s long house. Rost had created a very dangerous and intimidating situation by stacking huge boulders around the tribe’s long house and on the roof of the building. Prior to this threatening incident and destruction to the tribe’s long house he had scrapped the topsoil, desecrating the sacred area around the historical burial ground.

The report from the state police that day was marked civil and there was not one mention of his threats or his criminal behavior. Through our persistence Rost was arrested and the investigation deemed the incident criminal and with tribal persistence, DEP finally issued a cease and desist to his destruction of the land. The court ordered Rost to stay away from the children and not do anything to land for 18 months. On a few occasions during that time, this grown man taunted my son saying that he, Rost, could go anyplace on my son’s tribe’s reservation, and “There is nothing you can do.” One of the taunts was reported to the state police, and nothing was done to Rost. When the 18 months had passed, in the fall of 2007 Rost began to desecrate and destroy the land again. Rost has no legal right to the Schaghticoke Reservation, he is not Schaghticoke.

What is so alarming to me is why didn’t the State of CT prosecute Rost for the desecration and destruction to the tribe’s long house and sacred land in 2004?
By not prosecuting him, they fed into Rost’s now continuing abuse and hate crimes against my son’s civil rights and his special rights to his tribal land as well as the rights of other Schaghticoke tribal members. The statutes below go ignored.

On November 26, 2007 Troop L refused to take a criminal complaint of hate crimes from Tribal Council member Joe Velky (I witnessed their refusal). Michael Rost is still allowed to intimidate, and trespass, continuing his desecration and destruction of Schaghticoke sacred land. I made a statement that the troopers were violating Mr. Velky’s civil rights and then we were told to leave.

October 29, 2008 my son was asked by his father Chief Richard Velky to check on the desecration and continuing hate crimes being committed by Rost. This perverse trespasser again threatened my son, but this time with a rifle. A Schaghticoke Indian; who has certain special rights to his tribal lands, that was set aside for tribal members only. Two other witnesses also signed a statement to Rost’s holding the rifle across his chest telling my son to get out or else. Michael Rost then walked away only to put the rifle in his vehicle. Are we to believe this volatile man is riding around the reservation with a loaded gun?

Twice last week I called to speak to Commissioner John Danaher of Public Safety to inquire about the investigation of my son’s criminal complaint against Michael Rost. My concern as a parent was to inquire about the investigation and arrest of Rost. The Commissioner didn’t return my calls. Commander Boyne called me and that is when I learned the case was closed. I am still in shock and disbelief. This is the second time Rost has threatened my son. I can not sit idle to wait for a third time. I don’t believe any parent would.

Since October Connecticut has new hate crime laws, why isn’t Troop L arresting Rost? Why doesn’t the public have access to the State Police Procedures? Why isn’t Commissioner McCarthy following CT state statutes regarding the care and management of the Schaghticoke Reservation? Why isn’t Governor Rell acting in good faith as the administrative agent and gives assurances and doing all other things necessary to carry out the provisions of this chapter? What advice is Attorney General Richard Blumenthal giving to State Police, Commissioner McCarthy, and Governor Rell?

Take a ride. You can see the many acres of land Rost has desecrated and destroyed. Rost also made a road cutting hundreds of feet across, and up the mountainous terrain, crossing wetlands, and the habitat of the timberland rattlesnake, which is not only listed as endangered by Connecticut, but is also an important symbol in the tribe’s cultural heritage. Much of this land is archeologically sensitive, but Rost is allowed to rampage over it with his heavy equipment, potentially destroying Schaghticoke artifacts and history. Furthermore, he is allegedly logging on Schaghticoke land, quarrying rocks and removing them over the state line into New York .

The state police and DEP have been called out to the reservation too many times to count. During this time of a huge budget deficit, does Gov Rell or anyone in the government know how much it costs the state of Connecticut each time the state police come to the reservation? That’s not even the half of it. What about the countless hours that state staff has spent on phone calls and emails responding to our numerous complaints and our pleas to have the state help expel this non-Schaghticoke trespasser off Schaghticoke land? Wouldn’t it be less costly and more efficient for the state to carry out its fiduciary and moral responsibilities to protect the state’s indigenous people and their land?


Kathy A. Velky
626 Washington Rd.
Woodbury , CT 06798

Civil Rights and Hate Crime Laws
Connecticut General Assembly State Statute Chapter 824
47-59-a Connecticut Indians; citizenship, civil rights, land rights (& certain special rights to tribal lands).
47-59b-30 Intrusion by non members-or go upon the reservation without the written permission of the tribe.
47-60—Reservation land held in trust by state.—in perpetuity to prevent alienation (hostility) for future generations of Indians.
47-64--Use of reservations—Rost does not lawfully reside on the reservation. He testified in his conviction in 2005 of threatening tribal members with his excavator that he is not Schaghticoke Indian. The Commissioner CAN EVICT Rost.
47-65-- Management of reservations and residents thereon. Adoption of regulations. Governor designated the administrative agent.
The Commissioner shall (core meaning ---will) have care and management of reservation lands.
47-65 e The Governor is the administrative agent and gives assurances and do all other things necessary to carry out the provisions of this chapter.
47-65-6 Use of Indian Reservation –use for tribal members only. (Use of Indian Reservation No resident may cut timber on the reservation except that needed by the tribal member for his own use in heating or cooking.
47-66-- (WE) Authorize Commissioner of DEP to maintain an action to recover property (timber) misappropriated from (our) reservation.
47-66 g Management of Indian Affairs. The Commissioner of DEP shall (core meaning ---will) manage the state’s interest in Indian Affairs not otherwise specified in this chapter and providing information to tribal members.
Sec. 10-386. Permit for archaeological investigation on state lands. Regulations.
Sec. 10-390. Penalty. (a) No person shall excavate, damage or otherwise alter or deface any archaeological or sacred site on state lands or within a state archaeological preserve unless such activity is in accordance with the terms and conditions of a permit issued under section 10-386 or in the case of an emergency. (b) No person shall sell, exchange, transport, receive or offer to sell, any archaeological artifact or human remains collected, excavated or otherwise removed from state lands or a state archaeological preserve in violation of subsection (a) of this section. (c) No person shall engage in any activity that will desecrate, disturb or alter any Native American burial, sacred site or cemetery, including any associated objects, unless the activity is engaged in pursuant to a permit issued under section 10-386 or under the direction of the State Archaeologist.

Sent: 1/27/2009 11:44:52 P.M. Eastern Standard TimeSubj: Fwd: Subject: Stop the Hate Crimes

Dear Governor Jodi Rell,

It disturbs me greatly that you still have not responded to my letter of November 17, 2008.

Kathy Velky

RE: Subject: Stop the Hate Crimes
11/19/2008 3:40:57 P.M. Eastern Standard Time

Dear Kathy:

Wish as I might to be in a position to help you, I regret that I have no authority to assist you with your issues surrounding what is happening on Schaghticoke land.
The biggest problem standing in the way of resolution centers around the feuding factions and I have no authority to decide who is the proper representative. An additional problem that has to be resolved is the lack of federal recognition for your tribe. I see these as the main stumbling blocks in your effort to seek Department of Environmental Protection intervention.
I can only suggest that the competing factions sit down and develop a shared authority with specific responsibilities for members of the tribe. A united tribe would then be able to control what, if any, development could take place on the land. A united tribe might also be better able to present a stronger case for federal recognition.
I send my best wishes to you and all Schaghticokes for the future. To paraphrase President Lincoln: A nation divided cannot stand.

Good Luck,

Richard Roy
State Representative
119 District

Dear Representative Roy: November 20, 2008

You are in the position and do have the authority to help as Co-Chair of the Environment Committee by stopping the hate crimes being committed against my son, the Schaghticoke people and their land. As quoted from your web site: “My duty at the State Capitol is to serve and represent you and your best interests.” “For years we've seen and felt the consequences of poor environmental policy and misdirected industrial actions.” The days of negligence toward nature and culture are behind us.

As Co-Chairman of the committee on “ENVIRONMENT” you shall have cognizance (law-the right of a court of law to deal with a particular matter) of all matters relating to the Department of Environmental Protection (DEP), including conservation, recreation, pollution control, fisheries and game, state parks and forests, water resources and flood and erosion control; and all matters relating to the Department of Agriculture, including farming, dairy products and domestic animals.”

You did not mention any concern regarding the threat with a gun made towards my son? Nor did you mention the hate crimes being committed towards my son, the Schaghticoke people and their land. Are Native Americans protected under the new hate crime laws in CT? By not prosecuting Rost, the State of CT is feeding into Rost’s abuse and hate crimes. My son’s civil rights and his “certain special rights” as a Native American are allowed to be violated, as well as the “certain special rights” of other Schaghticoke Tribal Members and their land. I do not believe you understand the urgency of my concern. Michael Rost threatened my son with a gun and this was the second time he threatened my son. Rost is not a Schaghticoke Indian; he is a trespasser without Tribal approval as is required in the CT State Statutes. Again, I ask you. Do I have to wait for a third time? His belligerent and frightening behavior is escalating and all you can say is “Good Luck”?

You are correct when stating you; “have no authority to decide who is the proper representative.” You are absolutely right. Why? Because only the Tribal people can elect their Chief and in 1987 the Tribal people elected Richard Velky as their Chief. As the recognized elected leader of the Schaghticoke Tribal Nation, Chief Velky was entrusted with the responsibility to make sound decisions in representing the approximately 300 Tribal Members along with 400 acres of their land. The Reservation land is held in trust by the State of Connecticut for the Schaghticoke people only, not trespassers of any sort. The Commissioner of DEP shall (core meaning ---will) have care and management of reservation lands and the Schaghticoke people can authorize the Commissioner of DEP to maintain an action to recover property (timber-minerals, damages, artifacts, etc.) misappropriated from their Reservation and they have. The two means a government to government relationship that was and is the intent of the CT state statutes.

I mentioned just a few statutes because I listed more from Chapter 824 Indians and their Regulations below. Other CT laws cited below are civil rights laws, hate crime laws, environmental laws, and laws pertaining to Native American Cultures, and policy concerning archaeological investigations aimed at my son and the Schaghticoke people. So once again, Representative Roy, does CT have a fiduciary duty to the Schaghticoke people and their land or not? Could hate crimes, destruction, despoliation of sacred land be allowed to happen anyplace else in Connecticut ? Why is this allowed to happen to the Schaghticoke people and their land? Would Native Americans be protected under the new hate crime laws in CT? Please answer all of my very crucial questions.

Your response alarms me even more now. Who gave you this intentional misguided information stated below? Do you have or have you seen documentation to prove the allegations you stated? I have seen documentation to prove otherwise. I would like to set up an appointment with you and Linda Gray the STN Tribal Genealogist/Clerk ( to share with you the documentation we have uncovered. Along with many, more photo’s of the crimes being committed. Please do what it ethically and morally right. CT can not pick and choose which laws to follow and which laws to ignore.


Kathy Velky
A mother and a sincere advocate for all Schaghticoke People

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