Litigation

BREAKING:  First of several felony charges sought by Gopher heirs against non-estate party now underway

The first of what is expected to be long and drawn out litigation started yesterday as the legal heirs of Dorothy Gopher's estate filed with County Attorney, John Parker, formal criminal complaints against witness Phyllis Parker.  The Gopher's complained to John Parker that Parker lied about her tribal status to gain access to family property, which the Cascade County court pulled the flag out of Dorothy Gopher's estate.  The felony perjury claims asserted by the family are supported by federal records at hand, the family felt Phyllis presented misleading testimony in the August evidentiary hearing, and are now calling on the Criminal Division of the Cascade County Attorney's office to investigate.  Several other charges are filed as well, against Mike Gopher and perjury charges will be sought on Ernestine Gopher, as early as Monday, November 19, 2012.

With respect to a constructive/charitable trust, even if it were enforceable, which the Gopher's contend is not:  Mike Gopher and Phyllis Parker, whom Judge McKittick appointed, are viewed as so flawed and unfit so at to constitute gross negligence on the part of Cascade County.  The judge broke several trust laws in creating a charitable and constructive trust.  The enactment of this must contain some conditions present, and must meet six criteria, none of which have been demonstrated by the court.   Also this past week, the Gopher family filed a complaint against Judge McKittrick with the Montana Human Rights Commission, alleging retaliation in violation of Title 49, the Montana Human  Rights Act.

BREAKING:  Robert & Dorothy Gopher Family Of Heirs Announce 500 Million Dollar Lawsuit Against Cascade County, May Seek Damages of Up to One Billion or More Allege Unconstitutional Taking of Family Property

The heirs of Robert & Dorothy Gopher are blasting a ruling by Judge Thomas McKittrick that removes the prized and valuable flag from the Estate of their late mother Dorothy Gopher.  The heirs are bringing their complaint to the judicial standards commission and allege gross negligence, judicial misconduct and intimidation against the Cascade County judge.  The Gopher heirs are fuming after one full year, where the judge has exercised in error; state court jurisdiction over what is properly a tribal court issue.

The Gopher's charge the judge has engaged in racial bias and inappropriate conduct; having defamed and contributed to the defamation of the family,and their late parents who were respected civil rights leaders.  The court created and perpetuated conditions  subjecting the family to public slander and libel.  In late July, his remarks in denying the family the right to bring their prized flag to Michigan to further their interests and make profitable the use of the flag for their benefit; caused a media firestorm subjecting the family to unwanted and undeserved public slander and libel.

The judge's entire mishandling of the probate and most recently, his November 2, 2012 order has triggered the family to seek intervention by emergency extraordinary writ of the Montana Supreme Court.  The Gophers believe the case was never properly before the Cascade County Court to begin with.  They filed on August 4, 2011 to move the case to Blackfeet Tribal Court where they are enrolled members.  That Court pointed to the Big Spring precedent in asserting jurisdiction, and in an October 30, 2012 Blackfeet Court order, asserted its exclusive jurisdiction and kicked out non-estate parties from the proceeding.  

"Thomas McKittrick is a rogue out-of-control judge in his final days on the bench and he is fame-whoring off off our family's great flag to go out in a blaze of glory."  states Melinda Gopher.  "Many people are fame-whoring off of the flag, its image, using it for their personal agenda, and causing the destruction of its meaning, significance and purpose."  

"Judge McKittrick has at every turn denied and obstructed the proper conclusion of our late mother's probate, and his action today is an unconstitutional taking of our family's property, flat out and the reason that Cascade County now faces suit.  Through his incompetence, and blatant disregard of the sentiments of the Montana Supreme Court in Big Spring, where the court re-articulated its test for state courts to determine proper jurisdiction--Judge McKittrick has profoundly broke the public trust and integrity placed in public courts."  

"For this and other reasons, the family is seeking an emergency extraordinary writ at the Montana Supreme Court level.  In addition, we are bringing the judge before the Judicial Standards Commission, we can show he has asserted a protracted personal bias toward our family and other bizarre conduct that will be made clear in the coming days.  We are most definitely alleging judicial misconduct against Judge McKittrick."

"Absent an act of Congress, the state court is improperly asserting jurisdiction, and as far back as November of last year, we began expressing our concerns before his court where he showed a complete disregard for the prior precedent.  Additionally, a year ago, we raised issues of federal preemptions that Big Spring addresses, based upon our late parents prior probates that were properly concluded pursuant to federal probate laws.  He has at every turn disregarded our arguments to cozy up to the sole opposing heir Mike Gopher; because the underlying goal is to force the flag into a sale."

"We, the Gopher heirs have been fully aware, that the flag's value to be at least 300 million, if not priceless.  We do not believe the judge has the best interests of the flag at stake, but instead is making a lame and illegal attempt to divest my family of our property.  We smell a dirty, dirty rat here."

"In his November 2, 2012 order the judge places the flag in a charitable trust and removes it from Dorothy Gopher's estate.  This is unconstitutional, illegal, immoral and possibly even tantamount to criminal conversion.  The judge has disregarded long held precedents to make rulings on clearly what is a tribal matter, and clearly is abusing the powers of the court to destroy our property rights." 

"He appointed as a trustee, Mike Gopher, who is a convicted felon several times over, and an at large and improperly registered sex offender currently in felony violation of state law.  The Gopher family is seeking felony perjury charges against another trustee and McKittrick appointee Phyllis Parker, who has seriously interfered with the family's probate proceedings and is one of those thrown out by the Blackfeet Court in that action."

"Notably, Phyllis testified in her August testimony to be a member of the Ahontoays Band; for which our late father Robert Gopher submitted a letter of Intent to federal officials on Feb. 1, 1996, the group is listed as Petitioner #172 in Interior Department records.  The Gopher's assert that could not be possible for Phyllis to be a part of their effort as she broke away, which her group had a sovereign right to do.  During that time, Phyllis was suing the federal government before the U.S. claims court as an official of the Bear Claw Tribe, Inc.  In the August hearing, Phyllis denied any and all role in the Bear Claw claim, she swore under oath she was not a Bear Claw tribal official.  Our investigation shows she was in fact very active and she is listed as the organizer and registered agent of Bear Claw in the Secretary of State records."

"We are now seeking a federal criminal probe of Phyllis Parker, she committed felony perjury before Judge McKittrick's court and he rewarded her with a trustee position over our family flag, in the same stroke that he ripped us off.  That is not only outrageous, its criminal.  We had asked for a stay of proceedings so that the family can begin to sort this all out, and Judge McKittrick is hell bent on railroading our family and snatching our property from us. What is the judge's rush?  The hell if  we are going to stand for that.  We need and are seeking a federal criminal probe of Cascade County's mishandling of our mother's estate, if we cannot get this at the state level, perhaps we can secure this in tribal court.  For the reason criminal matters are now in play, and it may reach the bench in Cascade County, we believe a criminal probe is warranted."

"Again, we are clearly alleging rather than respect the Blackfeet Court's jurisdiction, the judge here has acted in a spirit of spite and retaliation against Dorothy Gopher's heirs, and stripped us of our property in his outrageous order, for a year, he has blatantly mooned Montana's Supreme Court justices, as they clearly expressed their intent in Big Spring.  It is time for the Judicial Standards Commission to step in and cork this guy."

The procedural history of the litigation 

surrounding the 13 star flag:

January 25, 2002--Robert Gopher's Last Will & Testament dated April 22, 1970 was admitted to his probate pursuant to 43 CFR Sec. 4.260. by the Department of the Interior, Office of Hearings and Appeals. There were no written appeals received by the Interior Department rendering the final decision in Probate of Robert Gopher final and conclusive.

June 22, 2010--Dorothy Gopher's probate of her Indian trust assets via the Interior Department was concluded, and a family settlement approved pursuant to 25 USC 2201, and 25 USC Sec. 372 and other applicable statutes and pursuant to 43 CFR Part 30.

July 22, 2010--Mike Gopher files for Personal Representative of Dorothy Gopher's estate in Cascade County for control over personal property of Dorothy Gopher's estate:  namely a 13 star flag of tribal antiquity, of over 200 years old, that was given to Dorothy via Robert Gopher's Last Will & Testament.  Mike attempts to disinherit his siblings immediately and take control of his mother's property.  The remaining siblings contest and through a spirit of retaliation and punishment, probate Judge Thomas McKittrick, appoints a Public Administrator Gerald Boland on January 18, 2011.

November 17, 2010--The Gopher heirs, Glenn, Blair, Thane, Miranda, Melinda and Mary petition Cascade County and assert the matter is rightly under the jurisdiction of the Blackfeet Tribal Court, where the family are enrolled members.  The family argues that the court is in error in asserting jurisdiction; and that the Montana Supreme Court has already decided how state courts are to proceed in its ruling in the Estate of William Big Spring, Jr. with respect to jurisdictional issues. The family has argued Mike Gopher and non-estate parties were not entitled to an evidentiary hearing to remove the flag from Dorothy Gopher's estate.

August 4, 2012--the Gopher family, fed up with Cascade County courts inability, incompetence and unwillingness to apply Big Spring as instructed by the Montana Supreme Court, filed in Blackfeet Tribal Court, to open the probates of their deceased parents. A hearing is scheduled for August 30, 2012.  The family also files a Motion to Dismiss in Cascade County.

August 16, 17, 2012--An evidentiary hearing takes place in Cascade County, the Gopher heirs participate under protest raising several jurisdictional protests, including a state court lacks subject matter jurisdiction over tribal matters as the domain of federal courts only, and that it is improperly proceeding in violation of Big Spring.

August 30, 2012--A hearing is held before the Blackfeet Tribal Court, the Tribe at this time asserts jurisdiction.

October 30, 2012--After a motion to intervene is filed in the Blackfeet Court by non-estate party Phyllis Parker, and others--the Gophers respond and file restraining orders, and other motions.  The Blackfeet Court denies Parker's motion and limits the legal proceedings to all of Robert and Dorothy Gopher's heirs all parties are served, including Cascade County.  The tribal court asserts federal preemptions to maintain the heir class pursuant to federal probate law.

November 2, 2012--Cascade County issues order removing the valuable 13 Star flag from Dorothy Gopher's estate.