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The fight for the sacred Black Hills of South Dakota takes center stage in the documentary ‘Lakota Nation vs. United States’ | CNN

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The fight for the sacred Black Hills of South Dakota takes center stage in the documentary ‘Lakota Nation vs. United States’ | CNN




CNN
 — 

Jesse Short Bull grew up a mile from an Indian reservation in South Dakota not realizing the ground he was stepping on was once soaked with the blood of his ancestors.

Less than a century ago, the Indigenous people of the Lakota Dakota Nakota Nation were killed defending themselves from the United States government, which broke a treaty that vowed the sacred lands, including the Black Hills, would belong to the tribes forever.

“I was like any other kid in America. The real history didn’t exist to me. I had no clue, and the truth was never taught to us,” Short Bull, whose Lakota name is Mni Wanca Wicapi (Ocean Star), told CNN. “When I became older, I wanted to understand what happened and why, and I started to fill in all the missing pieces.”

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These missing pieces, which led to Short Bull’s revelation of the violent injustices that led to the creation of South Dakota, is the topic of his documentary, “Lakota Nation vs. United States,” which was released Friday.

The documentary, co-produced by actor Mark Ruffalo, is an in-depth and seldom-heard account of American history – a history that begins with the theft of land and the sacrifice of the Indigenous people who refused to surrender it.

“This film is very much a push for land back, for the return of land, there’s no misunderstanding that’s what they’re looking for,” said film co-director Laura Tomaselli.

Woven together by interviews with community leaders and activists, historical footage and racist Hollywood film depictions, the IFC Films documentary is split into three parts: extermination, assimilation and reparations.

“It’s not about being angry, it’s not about being bitter. It’s about a lot of people appreciating this country and its constitution. Not realizing our treaty, which was bound to that constitution, is negated to being an old dusty antique that has no meaning,” Short Bull said. “Nothing exists to them from our country or our land or our people. But to us, it exists. We’re real.”

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The documentary, elegantly narrated by Oglala Lakota poet Layli Long Soldier, begins with a string of broken treaties by the federal government.

Within the land legally protected by these treaties are the Black Hills, a holy site described in the film by Milo Yellow Hair, an Oglala Lakota elder and activist, as “our cradle of civilization, the heart of everything that is.”

The Black Hills are a place of emergence, the birthplace of dozens of Indigenous tribes who consider it to be the most sacred place in the world.

“It is one of the oldest places on the Earth, over 5 billion years old,” Yellow Hair said. “So we say from the Black Hills and the Wind Cave is that place, that opening on this mother Earth that breathes.”

When gold was discovered on this land in 1851, war broke out for 17 years, forcing Indigenous leaders to fight gun-holstered soldiers with bows and arrows.

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In 1868, in efforts to make peace after consistently losing battles against Indigenous tribes, the US government signed the Treaty of Fort Laramie. The treaty designated millions of acres west of the Missouri River for the absolute and undisturbed use and occupation of the Great Sioux Nation, which encompasses over a dozen tribes.

The treaty says the US government “solemnly agrees that no person, except those herein designated and authorized so to do…shall ever be permitted to pass over, settle upon, or reside in the territory described in this article.”

But it became another broken promise.

In 1980, the US Supreme Court ordered over $100 million to be paid to the Great Sioux Nation because of the broken treaty. But the nation hasn’t taken the money. Since 1980 that original $100 million has accrued interest and grown to more than $2 billion.

The Black Hills of South Dakota, a holy site for dozens of Indigenous tribes who are fighting to see the land returned to them.

But despite the poverty they face, the Great Sioux Nation still refuses the money. Because the land was never for sale.

“We are nothing without the Black Hills, that’s why the Black Hills are not for sale, because we are not for sale,” Sicangu Lakota historian Nick Estes says in the documentary. “How can you sell your very identity of what makes you an Indigenous person?”

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The documentary also offers in-depth analysis into forced assimilation tactics deployed by the US government to weaken Lakota Dakota Nakota tribes who were still fighting back. One method was killing off their buffalo and depleting their resources, so they began to starve and had no choice but to depend on the government, according to the film.

Another method was taking away their children and enrolling them in boarding schools, stripping them of their Indigenous names and clothing, banning them from speaking their languages and forcing them to cut their hair. If they resisted, they were punished, often violently.

With the intention of conquering their people by destroying their culture, says Oglala Lakota activist Nick Tilsen, “they outlawed our language, they made our ceremonies illegal, they criminalized us for living our way of life.”

After premiering at the Tribeca Film Festival in June 2022, “Lakota Nation vs. United States” has played on the screens at Indigenous reservations where the tragic story takes place.

At Standing Rock Sioux Reservation, nearly 200 people, including elders who still carry stories of dark days, attended the screening, and many were in tears, says Hunkpapa Lakota elder Cedric Good House.

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“We were impressed with Jesse and everybody else because it took real bravery to do this, a lot of courage,” Good House told CNN. “It’s coming at a time when people think they can know it all in a matter of a minute. They’ll read a little clip on Facebook and that’s it.”

“But here is this lengthy documentary and people are getting captivated by the truth, and after they finish watching they can see this is still applicable to us today. We can point it out for them,” he continued. “Look what’s happening today here and here and here, we are still fighting.”

The Standing Rock Sioux have been recently entangled in another battle against the federal government, mainly the US Army Corps of Engineers, the agency responsible for approving the Dakota Access Pipeline.

A violation of the Treaty of Fort Laramie, the pipeline is a 1,172-mile underground conduit that would transport some 470,000 barrels of crude oil a day – stretching across North Dakota, South Dakota, Iowa and Illinois.

The Standing Rock Sioux, whose reservation resides near where the pipeline runs, say it will not only endanger their main source of drinking water – the Missouri River – but also their sacred tribal grounds.

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“This movie is about our history, but here in the present we see nothing has changed,” Good House said. “This is our sacred land, and we try to get ourselves into the process, but the process still doesn’t address us.”

In a desperate fight to protect their land and Unci Maka, or Mother Earth, Native tribal members alongside non-Indigenous allies and environmentalists demonstrated for years against the construction of the oil pipeline until they were forcibly removed from the protest site in 2017.

“We’re not here to chase people off land. We’re not here to take over their farms and ranches and start charging people for crossing our territory,” Good House said. “We are protecting this Earth, we’re not here to do what the government has done to us.”

In the land where ceremonies were once held and their ancestors bones now lay, Indigenous holy sites are still being exploited for profit, elders and activists say in the film.

After killing those who attempted to protect it, the US government has turned stolen land into tourist attractions, Short Bull says, making money off the ongoing pain and suffering of Lakota Dakota Nakota tribes.

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Deep in the Black Hills stands a mountain known as the Six Grandfathers, or Tȟuŋkášila Šákpe, whose peaks were blown up to carve the faces of four presidents – now known as the Mount Rushmore National Memorial.

Mt. Rushmore, in Keystone, South Dakota, is carved into the Black Hills, which had been occupied by Lakota Sioux Natives.

“Mount Rushmore represents and is the ultimate shrine to White supremacy,” activist Krystal Two Bulls of the Northern Cheyenne and Oglala Lakota says in the film. “Our sacred mountain, the Six Grandfathers, of course they carved four racist White men into our sacred mountain, who believed in slavery, who actually removed us from our lands.”

Today the children of the Indigenous leaders who died to preserve whatever land they could continue their ancestors’ purpose: demanding their land back.

And as the world suffers a climate crisis where Indigenous traditions, like controlled burning, are now being used to fight it, “it’s a no brainer” to return the land to those who can actually care for it, says Tomaselli, the film’s co-director.

“If you are a non Indigenous person and you’re concerned about the climate, it should be obvious to throw all of your energy behind people that were living here before any of our ancestors showed up, tribes who have been taking care of this environment better than anyone has before,” Tomaselli said.

As calamities happen around them for the sake of money, Short Bull says – gold mining, coal mining, the pipeline development, deforestation – the Indigenous people living there still have no say.

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But with their demand for land back comes a warning.

“I want people to remember that there is bloodshed on Earth and our relatives’ blood is on this ground,” Short Bull said. “This planet was not created for you to just take, take, take. The Earth is an extension of you, and if you’re not going to take care of it, disaster is coming.”



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South Dakota

Iowa Supreme Court upholds land survey abilities of pipeline companies in Summit case • South Dakota Searchlight

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Iowa Supreme Court upholds land survey abilities of pipeline companies in Summit case • South Dakota Searchlight


The Iowa Supreme Court affirmed a lower court’s decision that Summit Carbon Solutions is allowed temporary access to properties for surveying, because it is a pipeline company that would be transporting a hazardous liquid.

The case involved Kent Kasischke, a Hardin County landowner who refused to let Summit surveyors on his land to survey for their proposed pipeline that would transport carbon dioxide, primarily sequestered from ethanol plants, to underground storage in North Dakota. The pipeline route includes South Dakota.

The Iowa Supreme Court heard oral arguments on the case in early October.

Kasischke argued Iowa Code section 479B.15, which allows a pipeline company to enter private land to survey, was unconstitutional because the invasion of property required compensation.

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Justice Thomas Waterman, who issued the court’s decision, said Kasischke’s argument “fails.”

“He has no right to exclude the surveyor because section 479B.15 is a lawful pre-existing limitation on his title to the land,” the decision said.

Carbon pipeline company reapplies for South Dakota permit

According to the decision, this is consistent with rulings in “at least four” district courts, including the Iowa District Court for Hardin County that originally ruled in the case, and with Supreme Court decisions in North Dakota and South Dakota.

The decision in South Dakota, while it upheld the constitutionality of a similar statute in the state, was touted as win by those opposed to the pipeline because it said the company must prove it is a common carrier and said surveying was only constitutional if they were “minimally invasive superficial inspections that, at most, cause minor soil disturbances.”

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A press release from the Iowa Easement Team and Bold Alliance, groups opposed to the pipeline that supported Kasischke, and his attorney, Brian Jorde, said the Friday Iowa Supreme Court’s decision “sidesteps” questions around surveying.

“Right now Iowa has no guardrails as to the level of invasive activity a pipeline company can do to private property as they can claim anything they want to do falls under ‘survey’ or ‘examination,’” the press release said.

Jorde, who has represented numerous landowners in cases against Summit, said “we will have to go back to the Court” to address the limitations, with a hope that Iowans will be granted the “same protections” as South Dakotans.

As part of its ruling, the Iowa Supreme Court affirmed the district court’s decision that Summit Carbon Solutions is a pipeline company and fits the definition under Iowa Code by transporting a hazardous liquid.

Kasischke argued the supercritical carbon dioxide that would be transported in the pipeline was not a liquid.

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Waterman’s written decision said the court relied on testimony from the district court trial for its decision, though he noted that since the district court trial, the Iowa Utilities Commission (then the Iowa Utilities Board) “determined that supercritical carbon dioxide is a liquefied carbon dioxide.”

The CEO of Summit Carbon Solutions, Lee Blank, said in a statement Friday the Iowa Supreme Court’s decision was a “win for infrastructure projects across the state and the nation.”

“It underscores the importance of balancing landowner rights with the need to advance critical infrastructure that benefits communities, agriculture, and the broader economy,” Blank said.

The press release said the ruling “confirms” the company has met “all statutory requirements” and it supports infrastructure “vital to enhancing economic competitiveness and ensuring energy and agricultural sustainability.”

Opponents of the pipeline project said in their press release, the ruling “did not conclude” the proposed 2,500 mile pipeline is a public use, nor that the company is a common carrier.

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However, Summit was granted use of eminent domain in August when the Iowa Utilities Commission approved its permit.

A final element of the case was whether or not Kasischke had a tenant on the property who would have impacted Summits’ efforts to provide adequate notice of their plans to survey his property.

Waterman wrote the court agreed with the district court’s credibility analysis calling Kasischke’s testimony on the issue “evasive and not credible.”

Jorde and the Iowa Easement Team called this “puzzling and disappointing, but a minor issue to the appeal.”

The Iowa justices affirmed that Summit complied with notice requirements and the district court’s ruling and injunction.

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Iowa Capital Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Iowa Capital Dispatch maintains editorial independence. Contact Editor Kathie Obradovich for questions: [email protected]. Follow Iowa Capital Dispatch on Facebook and X.



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South Dakota

Missouri State football vs South Dakota State: Scouting report, score prediction for Saturday

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Missouri State football vs South Dakota State: Scouting report, score prediction for Saturday


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Missouri State football will play its final game as a member of the Missouri Valley Football Conference and as an FCS program when it hosts the two-time defending champion this weekend.

FCS No. 18 Missouri State (8-3, 6-1 MVFC) will host FCS No. 3 South Dakota State (9-2. 6-1 MVFC) on Saturday at 2 p.m. at Plaster Stadium. The game will be the Bears’ finale as they are ineligible to qualify for the postseason because of NCAA rules regarding their move to the FBS.

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South Dakota State continues to be a national championship contender with their lone FCS loss this season coming Oct. 19 in a 13-9 loss to FCS No. 1 North Dakota State. The Jackrabbits also lost on opening day in a 44-20 defeat at FBS Oklahoma State.

Missouri State has an outside chance at still winning a share of the MVFC. The Bears would have to beat SDSU while requiring North Dakota State to lose to FCS No. 4 South Dakota.

South Dakota State football features star QB Mark Gronowski

SDSU senior quarterback Mark Gronowski had both power conference and large NIL offers after earning the Walter Payton Award last season. He opted to stay at South Dakota State to try and lead it to its third straight title.

Gronowski isn’t putting up the same numbers he did last year, averaging about 28 fewer yards while already surpassing his season total in interceptions in four fewer games, but he’s still among the FCS’ elite.

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He’s a 62% passer and is a capable runner and hasn’t thrown a pick over his last four games.

SDSU football has an elite rushing attack

Ranked third in the FCS in rushing, the Jacks are averaging nearly 250 yards per game with four different backs gaining 50 or more yards per game.

South Dakota State doesn’t have a Joplin-area running back leading the team in rushing this year as it has in the past (Joplin’s Quin Renfro is redshirting after Isaiah Davis was drafted in the fifth round by the New York Jets). But Amar Johnson is getting his turn as the leadback after being an all-purpose weapon last year. He’s averaging just 77.5 yards, but is an explosive play waiting to happen.

The Jackrabbits continue to have one of the best offensive lines in the subdivision. Slowing this down will be a challenge for the Beas, having given up 215 or more rushing yards in three of the last four weeks, including a season-worst 364 yards to North Dakota State last week.

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South Dakota State has the best defense in the FCS

Only ranked behind a pair of Pioneer and SWAC schools and a 4-6 Saint Francis team, it’s safe to say South Dakota State has the best defense in the subdivision, considering who it’s faced.

SDSU has a top-20 defense in every category and is first in points allowed, allowing just 12.7 points per outing. The Jacks haven’t given up more than 17 points in a game since the season’s first two weeks.

Score prediction: South Dakota State 34, Missouri State 17

Missouri State hasn’t been capable of stopping the run against the elite offensive lines it’s faced this year. South Dakota State might have the best ground game out of anyone the Bears have faced and that will be trouble heading into their final test.

South Dakota State will play this game motivated by potentially earning the No. 1 overall seed in the FCS Playoffs, hoping South Dakota can knock off North Dakota State. The Bison’s game starts an hour before the Bears-Jacks game, maybe opening the door for SDSU to rest some starters in the second half if they have the game put away.



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Man who killed transgender Native American woman in 2022 takes manslaughter plea • South Dakota Searchlight

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Man who killed transgender Native American woman in 2022 takes manslaughter plea • South Dakota Searchlight


The man who shot a transgender Native American woman to death in 2022 pleaded guilty to second-degree manslaughter this week in Pennington County. 

Pennington County State’s Attorney Lara Roetzel filed first-degree manslaughter, drug and firearms charges against 54-year-old Gregory Edward Landers in February, about a year and a half after he killed 30-year-old Acey Morrison in his Rapid City trailer.

The case caught national attention in LGBTQ+ circles in part because of the extended wait between the time Landers called 911 to report the killing and the date on which he was indicted by a grand jury in Rapid City. Morrison was honored in 2022 during the annual Transgender Day of Remembrance, which takes place each November in memory of transgender people who lost their lives to violence in the preceding year.

Gregory Landers. (Courtesy of Pennington County State’s Attorney’s Office)
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Landers pleaded guilty to the second-degree manslaughter charge on Monday in Rapid City, two days before this year’s day of remembrance. 

Second-degree manslaughter involves the reckless killing of another human being. The maximum penalty is 10 years in the state penitentiary.

A letter from Roetzel in the Landers case file says she intends to ask for a 10-year sentence with three years suspended at his Dec. 19 sentencing. His other charges were dismissed as part of the deal.

“This case is a tragic reminder of the consequences of reckless and violent actions,” Roetzel said in a statement to South Dakota Searchlight. “By accepting responsibility through his guilty plea, Mr. Landers is being held accountable for the harm he caused. We remain committed to seeking justice for victims like Acey Morrison and ensuring our community remains safe.”

Court documents offer insight into self-defense arguments

Landers told law enforcement he’d shot Morrison in self-defense when he called 911 to report the killing. He maintained that he’d acted in self-defense throughout court proceedings this year. 

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Most of the documents, exhibits, photos and transcripts associated with his effort to have the manslaughter charge dismissed under South Dakota’s “Stand Your Ground” law are sealed. 

The documents that remain public do offer some new details on the situation. Landers claimed he’d let Morrison stay the night after the two connected on a dating app, but that she wouldn’t leave when he asked. He said she’d broken his ribs in an altercation over the shotgun that killed her. 

Court documents say he was treated for bruised ribs and a broken hand after the homicide. The lead investigator characterized the break to Landers’ hand as a “boxer’s fracture,” an injury typically associated with punching someone or something.

‘Stand your ground’ law alters criminal justice landscape

Landers argued throughout the proceedings that he’d wrestled a shotgun away from Morrison before shooting her in the chest, and had moved to hire an expert to re-check for DNA on the weapon. In a letter to Judge Heidi Linngren, Landers called himself an innocent man and wrote that he should not be convicted because of “incompetent” DNA testing.

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That testing found Morrison’s DNA on the weapon, including near the barrel of the gun, but it had more of Landers’ DNA on it. Her left index finger was blown off in the shooting, according to a motion from Roetzel asking Judge Linngren to deny Landers’ request for immunity from prosecution. That’s consistent with her hands being “at the top of the barrel of the muzzle at the time of discharge.”

Roetzel’s arguments noted that Landers had accused Morrison of performing a factory reset of his phone, presumably to steal and sell it, but later admitted he’d wiped the phone’s memory to conceal information from law enforcement. Landers also said he and Morrison hadn’t had sex, despite DNA evidence to the contrary, and that the physical fight between them took place in a bedroom and a closet that were undisturbed when officers arrived.

“Defendant says he acted in self-defense, but his words have little meaning, given the number of lies he has been caught telling,” Roetzel wrote.

Lead detective resigns

Morrison’s mother, Edelyn Catches of Oglala, grew frustrated with the justice system as she awaited an answer about her daughter’s death. 

Just over a year after Morrison’s death, Catches lost her son Daniel Freeman to homicide in an incident that took place on the Pine Ridge Reservation and has yet to draw criminal charges.

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Nine months and counting: Slain transgender woman’s family frustrated by wait for justice

The U.S. Attorney’s Office prosecutes felony crimes on tribal lands. U.S. Attorney spokeswoman Ace Crawford was not immediately able to offer any information on the Freeman case Thursday afternoon.

The charges for Landers were a relief for Catches, but she said the self-defense arguments and an issue with the lead investigator in the case, Cameron Ducheneaux, had her anxious about the outcome. 

Ducheneaux resigned from the Pennington County Sheriff’s Office for reasons that aren’t disclosed in the public court file. His resignation is noted in the file, but documents and personnel records that could shed further light on the resignation were only made available to the prosecution, defense and judge.

On Thursday, Catches said she’d been told that Ducheneaux’s situation could have called his credibility into question at Landers’ trial. The trial was initially set to begin this week.

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The plea deal means Ducheneaux will not be called to testify at a trial, nor would his credibility be called into question by Landers’ attorney.

“Looking at what we were facing, he actually had a chance of walking,” Catches said Thursday.

Tony Mangan, spokesman for the state Division of Criminal Investigation, said Ducheneaux remains a certified law enforcement officer, and that a hearing on his certification will take place during a meeting of the Law Enforcement Officers Standards and Training Commission meeting on Dec. 4. 

The process of working through the self-defense arguments, seeing images of Morrison after the killing and hearing accusations leveled at Morrison throughout was stressful, Catches said.

“It was just way out of Acey’s character, the way he described the altercation,” Catches said.

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She’s glad Roetzel pursued the case, despite the wait, and that Landers has now admitted to recklessly killing Morrison.

“It was an uphill fight the whole way,” Catches said. “At least he’ll get something, and it will be on the record that he killed Acey.”

 

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