Background:
December
1990: Wub-e-ke-niew renounces his Indian enrollment and "Indian
identity";
notifies
Department of the Interior that he has done so.
January
9, 1991:
Wub-e--ke-niew's letter published in the Native American Press / Ojibwe
News
June
25, 1995:
Wub-e-ke-niew
injured in auto accident.
Summer
1995: "We Have The Right To Exist" -
interview
with Wub-e-ke-niew about his recently-published book - broadcast on
Northern Minnesota Public TV.
December
13, 1995: Wub-e-ke-niew writes
one
of several letters to Susan M. Elfstrom Law Offices, requesting
reimbursement for mileage and other expenses of treating his
injuries. Wub-e-ke-niew dies without learning that Elfstrom also
represents the at-fault driver; reimbursement for expenses is slow and
erratic, and Wub-e-ke-niew does not consistently get the medical
treatment that he needs.
October
15, 1997:
Wub-e-ke-niew dies at home.
October
16, 1997: Clara NiiSka 'cuts' an exam at the University and
comes home a day earlier than planned because Wub-e-ke-niew has not
answered the phone on the night of October 15th or on the 16th.
She finds him dead on their bed. She telephones chiropractor Dr.
Cindy Bates, who guides her through a thorough exam, making absolutely
certain that he is dead and not just in a coma. She notifies
Wub-e-ke-niew's son Francis Jr., Val Blake, and others in Minneapolis -
Val requests that she not inform Wub-e-ke-niew's relatives on the
reservation that he has died because, Val says, she 'doesn't want a
circus.' Mary
Harding drives from Bemidji to 'sit with' Clara and her deceased
husband through the night.
October
17, 1997:
Clara telephones Dr. Heidi Heap-Chester, M.D., who - after consulting
with the Beltrami County Coroner and Cease Funeral Home in Bemidji -
agrees to help file a death certificate. Cease Funeral Home is
not otherwise involvedwith mortuary, funeral or burial arrangements,
and declines pay when Clara NiiSka offers it.
Dr.
Heap-Chester and Dr. Bates (who had been treating Wub-e-ke-niew
for back injuries) come to Wub-e-ke-niew and Clara's home to examine
Wub-e-ke-niew's remains. Dr. Heap-Chester and Clara sit at
the kitchen table and Dr. Heap-Chester and writes a draft of the death
certificate. Clara - who has examined thousands of death
records in the context of
genealogical
research - prints out copies of the proposed entries and gives them
to other family members, intending to get consensus about how
Wub-e-ke-niew will be officially recorded for posterity. Val
Blake starts screaming, and refuses to discuss the death certificate.
Wub-e-ke-niew
is buried - as he had requested - at home and in "the old way."
Val
Blake and others are present for Dr. Heap-Chester's post-mortem exam,
preparation of Wub-e-ke-niew's body, grave-digging and burial, then Val
and family return
to their homes in Minneapolis.
October
17-21, 1997:
Clara
NiiSka at home keeping funeral fire for
Wub-e-ke-niew. Sometime during that week, Clara telephones Norby
Blake - who is, as Wub-e-ke-niew put it, the "Clan Mother" of her
children in Minneapolis - intending to ask for her mediation in
resolving the differences with (Norby's daughter) Val. Norby
tells Clara, "We intend to leave you with nothing but memories."
Clara does not call back.
October
22, 1997:
Clara
NiiSka forcibly removed from her home. She leaves with the
clothes she was wearing and the book bag she dropped by the door a week
earlier, when she came home to find her husband dead. Val Blake
demands that Clara give her the blank death certificate and the
printouts of proposed entries, so Clara does. She drives away
from the house that she and her husband built together in a
Mitsubishi
she bought for $30. Val
Blake takes possession of
everything
at Clara and Wub-e-ke-niew's home -
including both
Wub-e-ke-niew's and Clara NiiSka's personal property.
November
23, 1997: Valerie Blake filles out "
Official Mail Forwarding Change
of Address Form" for Francis George Blake [no 'Junior'].
October
24, 1997:
The
Ojibwe News publishes a page 1 article, "Final Reflections on the
life of Wub-e-ke-niew," noting Wub-e-ke-niew's
passing.
Week
of October 23-27, 1997:
Dr. Heap-Chester tries to resolve disagreement about death certificate;
Val Blake tells her that
she
will have Wub-e-ke-niew exhumed if
Clara NiiSka's name is on it.
Deposition of Dr.
Heap-Chester: page
24 ... page
25 ... page
26 ... page
27 ... [cover]
October
27, 1997:
Dr.
Heidi
Heap-Chester completes "cause of death" on the
bottom
part of death certificate,
and signs it. Top part
(personal information about the decased) is still blank.
October
29, 1997:
Val
Blake provides Cease Funeral Home with information for top part
of death
certificate and
Kevin
Cease signs it.
October
31,1997: Death
Certificate filed in Beltrami County
November
20, 1997:
Apparently in response to Clara's comments to Beltrami County
Courthouse staff that the death certificate had Wub-e-ke-niew's son's
name on it, the
version of the death
certificate issued by Beltrami County is in the name "Francis
George Blake" [without the "Junior"]. Officially amended and
re-amended in Minneapolis, it is still in the name "Francis George
Blake" [no "Junior"] on February 23, 200.
Late
fall, 1997:
Ground freezes in the northcountry (making it more difficult to exhume Wub-e-ke-niew without professional excavating equipment).
December
2, 1997:
Clara
NiiSka talks with Cease Funeral Home about amending the death
certificate. Angela Torgerson advises her to go to the
Minnesota
Department of Health in Minneapolis.
December
3, 1997:
Staff at
the Department of Vital Statistics tell Clara that amdmendments are to
be done with an affidavit from the mortician who signed the death
certificate. She faxes requested amendments to Cease Funeral
Home from Minneapolis. Clara then goes to New York at the
invitation of publisher
Hollis Melton
and the
Naraya.
Fax to Cease Funeral
Home: fax
receipt ... cover
letter ... requested
amendments
December
8, 1997:
Affidavit
for Correction of Death Certificate received by Department of Vital
Statistics; amendments requested are assesment of Mortician Angela
Torgerson - who has handled a number of Midé funerals in Ponemah
- of which of the requested amendments the State will accept.
December
8, 1997:
Death
Certificate amended.
December
22, 1997: Clara returns from New York, spends a couple of days
in Minnesota and gets copies of the amended death certificate, and then
drives to California to see her elderly father, who has
telephoned to tell her that he is dying. Clara's Mitsubishi is
rear-ended and totalled in California, Clara is injured, and she does
not return to Minnesota until early February 1998.
January
23, 1998: Ojibwe columnist (and family friend)
Maynard Swan, who
asked Clara for a copy of the letter she wrote to the Red Lake courts
urging them not to accept jurisdiction for an "Indian" probate, faxes
the letter to the
Native American
Press / Ojibwe News. The newspaper prints it.
"Even
in Death, Red Lake courts have no jurisdiction over Wub-e-ke-niew"
... page
2 ... front
page
February
1998: Val Blake - advised by her mother, retired Health
Department employee
Norby Blake -
files
complaint with Health Department,
Mortuary Science Section,
against
Cease Funeral Home.
February 9, 1998:
Mortuary
Science Licensing Inspector Tim Koch reports to State Registrar
Barbara
Bednarczyk.
February
9, 1998: Health Department investigator Tim Koch interviews
Clara NiiSka. She follows up their conversation with a letter.
Letter to Tim Koch:
page
1
... page
2
February
11, 1998:
Senator
Linda Berglin faxes letter to Commissoner of
Health Anne Barry. She writes that re-amending the death
certificate "required the cooperation" of the Health Department "and
the Attorney General."
fax
cover ... page
1 ... page
2
February
27, 1998:
Commissioner of Health Anne Barry sends an
informational
letter to
Senator Linda Berglin. She writes that she has sent "preliminary
information... to
the Attorney
General's office for review."
March
11, 1998: State
Registrar Barbara Bednarczyk mails a letter to Clara NiiSka requesting
a copy of a marriage license "properly recorded with the court
administrator" and "a legal description of the residence that has been
properly recorded with the county recorder." The letter is
incorrectly
addressed.
page
1 ... page
2
March
12, 1998:
Commissioner of Health Anne Barry's writes to Senator Linda Berglin and
to Val Blake.
letter
to Senator Linda Berglin ... page
1 ... page
2
letter to
Valerie Blake ... page
1 ... page
2
Week
of March 16-23, 1998:
Because Senator Linda Berglin is cc'd on a the correspondence that she
has received, Clara NiiSka goes to Senator Berglin's office. She
explains the situation to Sen. Berglin's aide, Lou Tofte, who assures
her that the 'misunderstanding' will be remedied.
March
23, 1998: Clara NiiSka hand-delivers a response to Barbara
Bednarczyk's office, in which she explains that her and Wub-e-ke-niew's
Ahnishinahbæó
tjibway Midé
marriage [within the external boundaries of the diminished Red Lake
Indian reservation] was
not
subject to state jurisdiction. Similarly, legal descriptions of
most Red Lake land 'properly recorded with the county recorder' are
nonexistent - because, as
Clara wrote, "The state of Minnesota does not have jurisdiction over
this land, and it does not seem reasonable to expect that there would
be such records." (The only such land records maintained by
Beltrami County are for a few parcels of fee-patent land - legacy of a
railroad townsite - in Redby. In the course of her research with
Wub-e-ke-niew, Clara had looked at length for Red Lake land records
held by the County, and she knew they were not there.)
The response included an attached
"Affidavit of Circumstances" noting that Val Blake had gained control
over the death certificate by coercion, and that there remained several
factual errors on the death certificate as filed.
Clara has made an apointment with
Registrar Barbara Bednarczyk to further explain the jurisdictional
situation at Red Lake, but when she arrives she is told that Ms.
Bednarczyk will not be meeting with her.
letter
to State Registrar Barbara Bednarczk ... page
1 ... page
2
Affidavit of
Circumstances ... page
1
... page
2 ... page
3
... page
4
receipt
Attached
Documentation
We
Have The Right To Exist
March
30, 1998: State
Farm Insurance
writes
to Wub-e-ke-niew about
settling personal injury claim arising from
June
25, 1995 auto accident.
April 9,
1998: Clara
provides additional evidence to Registrar
letter
...
accompanying Documentation
April
10, 1998: Senator Linda Berglin writes letter to Val
Blake, but apparently does nothing to withdraw the political pressure
she has put on the Health Department to re-amend the death certificate.
April
10, 1998: Registrar Barbara Bednarczek
writes
to Clara, informing
her that death certificate will be amended, envelope incorrectly
addressed
April
14, 1998:
Registrar Barbara Bednarczek
mails April 10 letter to Clara,
envelope incorrectly addressed
April
17, 1998: Death
certificate re-amended - without hearing or other
due process
re-amended death certificate ... front
... back
of document
on or about
April 17, 1998: Val
Blake uses re-amended death certificate to file for
probate in Red Lake 'tribal court.'
page 1 | 2
... notice of probate
May 22,
1998: "Indian"
probate convened, Clara files objection, hearing
continued
May
26, 1998: Clara
removed
from courtroom,
exiled
June 9,
1998: Senator Linda Berglin writes letter to State Commissioner
of Health, mis-representing state law and repeating allegations that
Clara's Ph.D. dissertation will be genocidal
page
1
... page
2
June 26, 1998: Commissioner Anne Barry
November
28, 1999: Clara
objects
to allegations of genocide by Senator Berglin.
February
23, 2000: Version of death certificate issued by Beltrami County.