Red Earth charges temporarily dismissed Attorney General Larry Long has announced that his office is temporarily dismissing the charges of forgery against Rebecca Red Earth, and will re-file if granted authority to serve grand jury subpoenas within the Crow Creek Reservation.
Red Earth was arrested and first appeared in Minnehaha circuit court on Jan. 2. She was charged with multiple counts of forgery in connection with absentee ballot applications she turned in to the Democrat party in the fall election. The charges all involve victims that live on the Crow Creek Reservation.
Recently, the state attempted to serve subpoenas on these victims, but was twice ordered off the reservation by the Crow Creek Tribal Council and tribal judge.
The attorney general's office then filed suit in U.S. District Court seeking a federal court order directing the Crow Creek Tribe and the tribal judge to permit service of the subpoenas. A hearing on the state's request is scheduled in Pierre on Feb. 18 at 10:30 a.m.
"We are only asking the federal court to allow us to protect the integrity of state elections, by allowing us to serve these subpoenas," Long said.
A recent U.S. Supreme Court decision, Nevada v. Hicks appears to authorize service of state court process within Indian country for off reservation court appearances. Long said his office is asking the federal court to enforce Nevada v. Hicks.