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Jurisdictional Maze: North Dakota families frustrated with lack of communication in MMIP Cases
Alva Cottonwood-Gabe of Standing Rock MMIR and Horse Nation, two Standing Rock citizen groups, stands with Horse Nation Riders as they burn sage and prepare to search the treeline for missing Spirit Lake residents Jemini Posey and Isaac Hunt April 27, 2024. (Photo Credit/Alicia Hegland-Thorpe)
Families seek clarity amidst bureaucratic hurdles in search for missing loved ones
Welcome to Buffalo’s Fire Alicia Hegland-Thorpe’s audio narrative on the search for two missing people on the Spirit Lake Reservation in North Dakota. She recently traveled to the reservation and spoke with family members, grassroots organizers, as well as tribal team search leaders. She also includes a Department of Justice response on the Missing and Murdered Indigenous Relatives crisis in Native America.
It’s been several months since two people went missing on the Spirit Lake Reservation – two more cases from North Dakota now add to more than 4,200 unresolved Missing and Murdered Indigenous People nationwide. When a major crime happens against a member of a federally recognized tribe within the boundaries of a reservation, the FBI will partner with the Bureau of Indian Affairs and local law enforcement partners working on the reservation. But as family members of the missing explain, the agencies assigned to these cases are leaving them in the dark. Alicia Hegland-Thorpe went to the Spirit Lake Reservation and has the story.
ALICIA HEGLAND-THORPE: Winter is over on the Spirit Lake Reservation. The brown prairies and hills that have been buried under months of snow are now green. It’s now the end of April. Puddles of melted snow are now puddles of rainwater overflowing in the ditches and lowlands. Two families here are anxious to find their loved ones who went missing in the winter. Twenty-one-year-old Jemini Posey disappeared from a home on the Spirit Lake Reservation and was reported missing on Jan. 7, 2024. A few months later, on March 8, 27-year-old Isaac Hunt was reported missing. Hunt is the brother of Posey’s boyfriend.
The fact that two tribal members have been reported missing, in possibly related cases, prompted the tribe to declare a state of emergency and to organize and fund an Incident Command System or ICS Team, made up of tribal employees and local law enforcement teams. The search for Posey and Hunt on April 26 and 27 on the Spirit Lake Reservation saw family members and emergency agencies, community members and outsiders alike, all come together to grid, map and search several different areas.
Some crews took to drones, others were boots on the ground searching low-lying areas and treelines, while others were on horseback trekking through rough terrain and mud.
In Indian Country, when a major crime happens against a member of a federally recognized tribe within the boundaries of a reservation, the FBI will partner with the Bureau of Indian Affairs and other local law enforcement partners working on the reservation. But as family members of the missing explain, the BIA doesn’t always communicate with the family members, other jurisdictions, or with the public in these cases. This has caused additional stress and anxiety for both the Posey and Hunt families, who are already distraught.
Posey’s family brought forward several tips but doesn’t know if that information has led to any leads. They have asked investigators several times, “Was there a followup with the information given? Is anyone a suspect? Where do they search? Should they even keep searching? Are there any leads?” They aren’t getting any answers.
Jemini’s sister, Jade Frier-Posey, says it’s hard to know where to search when investigators aren’t giving out that information.
“Tribal communities deserve safety, and they deserve justice. This day challenges all of us at the Justice Department to recommit our efforts, to work as partners with Tribal communities in ending this crisis.”
US Attorney General Merrick Garland
JADE FRIER-POSEY: “As far as we know, because it’s an ongoing federal investigation, no one can really speak or tell each other things that are going on. Nobody has gotten any leads and I think that’s a frustration on all of us searchers because we don’t know where to look. If that’s the last area she was in, then we have worked our way out from the apartment in every direction – if she was walking, did she go this way? We’ve done all that. and we just keep moving outwards. There is always gossip, she could be here or she could be there. We go to those areas and look, we’ve come up with nothing.”
ALICIA HEGLAND-THORPE: Isaac Hunt’s family has also run into roadblocks in their investigation. His aunt Kayla Robertson feels it’s a one-way conversation with no response coming from the BIA.
KAYLA ROBERTSON: “We are not getting any communication at all. They are trying to say you can give us information, but we can’t give you any information – but we know that’s not true. They should at least be relaying something, but they aren’t relaying anything.”
ALICIA HEGLAND-THORPE: Natasha Littlewind, a Spirit Lake citizen and close friend of Frier-Posey’s, has been at her side every step of the way and on every search for Jemini Posey. She wants answers to what happens when a clue is found. Who do they report to and which law enforcement agency is going to take that call?
NATASHA LITTLEWIND: “A part of the mix-up is, who is in charge? Because there are people who find evidence and take that information to the police, the Devils Lake Police because the BIA isn’t available to do it. Who is in charge, who is taking over, are they even talking to each other? Because we have all these different people speaking together, but are they putting these puzzle pieces together like we have? Because it’s very frustrating. We may be a sovereign nation, but we’re still in the dark about everything.
ALICIA HEGLAND-THORPE: Spirit Lake Emergency Management Director Michael Alex has witnessed the stress of the families firsthand, serving as the Operations Director for the ICS Team search. Their team specifically assigned and implemented a Public Information Officer (PIO) to answer questions from the media or to give updates to the public about the search. But he says the Bureau of Indian Affairs office doesn’t give updates in these cases, and he says that it’s time to change.
MICHAEL ALEX: “Part of the problem is that BIA is part of the federal government and are not allowed to give public statements like the FBI would, or Devils Lake Police Department. They have Public Information Officers that address the media but the BIA does not have that person locally. A lot of their investigations they can’t comment on, a lot is being ignored. That is because of the internal mechanism we deal with, with BIA. There would be more awareness if they had someone to talk to the public about who was missing on the reservation. Some of it is not being able to change those institutionalized protocols, changing them so it fits our society now. There is a need to change those internal mechanisms so that we are getting the information out there.”
ALICIA HEGLAND-THORPE: Buffalo’s Fire contacted the BIA’s Public Affairs Office to ask how the agency plans to assist frustrated families who feel ignored. The BIA Office of Public Affairs responded in an email.
“The BIA Missing and Murdered Unit has a dedicated victim services specialist who provides information to the family as quickly as possible, explains the complicated legal process that occurs as a case develops, and brings humanity to cases by working with investigators so they understand what families need throughout the process,” adding that they do have a Public Information Officer at the BIA available to communicate with the general public and media.
”She is still a person, it doesn’t matter who they are. They are loved by their families. Isaac deserves answers and so does Jemini. Both families deserve to know.”
Jade Frier-Posey- Jemini’s Sister
Buffalo’s Fire shared this information with Spirit Lake Emergency Management Director Michael Alex. He confirmed that neither his team nor the families of Posey and Hunt were aware of a victim services specialist hotline or that a public information officer was available to them.
The BIA estimates there are approximately 4,200 missing and murdered cases that have gone unsolved in the United States. In North Dakota, Native Americans make up nearly half of the state’s missing persons database, despite being less than 6% of the state’s population.
Since the federal government has acknowledged the crisis of missing and murdered Indigenous people, several agencies have redoubled their efforts to improve communication, transparency and cultural responsiveness in MMIP cases.
The first was the Not Invisible Act signed into law in October of 2020. That act gave rise to the Not Invisible Act Commission, a cross-jurisdictional advisory committee composed of law enforcement, the BIA and FBI, Tribal leaders, federal partners, service providers, and family members of missing and murdered individuals and survivors.
The goal is to develop recommendations for improving how agencies and departments can best work together. The commission released its recommendations late last year. They include beefing up funding, staffing, and training in all areas to improve communication, transparency, and tribal partnerships.
Next, the BIA’s Missing & Murdered Unit, established in 2021, has invested in and implemented new technologies and capabilities to assist in finding evidence and closing cases. This includes a victim services specialist, who is currently located in Bismarck. The MMU plans to expand in North Dakota by adding more agents and another office in Devils Lake, later this year.
Lastly, in July 2023, Attorney General Merrick Garland announced more Justice Department resources for the MMIP Regional Outreach Program, an existing program that assists in promoting communication, coordination, and collaboration among jurisdictions and non-governmental partners.
But there’s still a very long way to go, as Garland said in early May in a proclamation acknowledging Missing and Murdered Indigenous People’s Day. That acknowledgment included an announcement that the Justice Department will add more staff and resources in MMIP cases across Turtle Island.
US ATTORNEY GENERAL MERRICK GARLAND: “To help families get the justice and answers they deserve, we continue to deepen our efforts through our MMIP Regional Outreach Program. We are also building on the work of FBI’s Operation Not Forgotten, launched across ten field offices from July through September of last year. Tribal communities deserve safety, and they deserve justice. This day challenges all of us at the Justice Department to recommit our efforts, to work as partners with Tribal communities in ending this crisis.”
ALICIA HEGLAND-THORPE: While there are so many agencies working together to solve MMIP cases and bring resolve to families, the Posey and Hunt families in Spirit Lake, along with thousands of other families, continue to seek the communication and justice they deserve.
JADE FRIER-POSEY: ”She is still a person, it doesn’t matter who they are. They are loved by their families. Isaac deserves answers and so does Jemini. Both families deserve to know.”
ALICIA HEGLAND-THORPE: If you have any information on Jemini Posey’s or Isaac Hunt’s disappearance, the Spirit Lake Tribal Council is offering a $5,000 reward. Please call the Fort Totten Police at 701-766-4231.
In Bismarck, I’m Alicia Hegland Thorpe, Buffalo’s Fire.
For cases handled by the BIA Missing and Murdered Unit in North Dakota, families can call (505) 917-8020 to speak with a victim services specialist, located in Bismarck. They can also write to OJS_MMU@bia.gov for information or assistance.
Sourcing & Methodology Statement:
Sept. 29, 2023. “Indian Country Onboarding Program: Specialized training prepares agents to operate in Native American communities.” https://www.fbi.gov/news/stories/indian-country-onboarding-program#:~:text=The%20FBI%20has%20jurisdiction%20in,partners%20working%20on%20the%20reservations
April 1, 2021. “Secretary Haaland Creates New Missing & Murdered Unit to Pursue Justice for Missing or Murdered American Indians and Alaska Natives.” https://www.doi.gov/news/secretary-haaland-creates-new-missing-murdered-unit-pursue-justice-missing-or-murdered-american#:~:text=The%20 MMU%2C%20in%20addition%20to,active%20Missing%20and%20Murdered%20investigations
About the Missing and Murdered Unit of the BIA. (n.d.) https://www.bia.gov/mmu/about
Missing and Murdered Indigenous People in Crisis. (n.d.) https://www.bia.gov/service/mmu/missing-and-murdered-indigenous-people-crisis
Establishment of the missing and murdered unit. (n.d.). bia.gov. https://www.bia.gov/service/mmu/problem-solving
Oct 10, 2020. Not Invisible Act Law.
https://www.congress.gov/116/plaws/publ166/PLAW-116publ166.pdf
Not Invisible Act Commission. (n.d.)
https://www.doi.gov/priorities/strengthening-indian-country/not-invisible-act-commission
Dec.01, 2022. “Bureau of Indian Affairs, Federal Bureau of Investigation sign agreement to improve law enforcement in Indian Country”
May 03, 2024. “Justice Department Strengthens Efforts, Builds Partnerships to Address the Crisis of Missing or Murdered Indigenous Persons”
June 28, 2023. “Justice Department Launches Missing or Murdered Indigenous Persons Regional Outreach Program. https://www.justice.gov/opa/pr/justice-department-launches-missing-or-murdered-indigenous-persons-regional-outreach-program
March 2024. “Section 4(c)(2)(C) Response of the Departments of Justice and the Interior to Not One More: Findings and Recommendations of the Not Invisible Act Commission Pursuant to Public Law 116-166.” https://www.justice.gov/tribal/media/1341181/dl?inline
May 3, 2024. “Attorney General Garland recognizes Missing or Murdered Indigenous Persons Awareness Day. The Justice Department.” https://www.youtube.com/watch?v=3Oywld6LdRE
Office of Public Affairs - Indian Affairs, Office of the Assistant Secretary for Indian Affairs, U.S. Department of the Interior, www.indianaffairs.gov/as-ia/opa