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Oneida Teen Charged
With Weapon
Possession
16 year old was found to be driving friend's car with no
license
STATE POLICE PRESS RELEASE

Durhamville, NY - January 26, 2012

Oneida based state police charged an Oneida teen with Criminal Possession of
a Weapon after he was stopped on Center Street in Durhamville Thursday
evening.  At approximately 6:00 p.m., troopers were investigating a property
damage motor vehicle accident on Center Street when a westbound 2008
Pontiac G6 drove around a marked patrol vehicle with emergency lights flashing
and attempted to drive through the accident scene as a tow truck was removing
a vehicle from the ditch and was blocking the roadway.  The Pontiac was
stopped and its operator, Dylan M. Loper, age 16, of Cottage Place, Oneida
was found to be driving without either a valid drivers license or learners permit.  
While being interviewed, Loper was found to have a set of metal knuckles in his
pants pocket.  Loper was taken into custody and transported to the SP Oneida
barracks for processing.  Loper was charged with Criminal Possession of a
Weapon 4th Degree and Unlicensed Operation of a Motor Vehicle and is
scheduled to appear in the Town of Verona Court on February 12, 2012.  
Loper's passenger, Jack B. Strail, age 16, of Summit Ave, Oneida advised
troopers that the vehicle belonged to his mother and that he gave permission for
Loper to get behind the wheel and that he was helping to teach Loper to drive.  
Strail was issued a traffic ticket for Permitting Unlicensed Operation returnable in
the Town of Verona Court.
Significant portions of
Oneida Nation backed
claim dismissed on
preliminary motions
MADISON COUNTY PRESS RELEASE

On January 24, 2012, the Albany County Supreme
Court issued a decision granting in part a motion to
dismiss a Oneida Nation (OIN)-funded lawsuit filed
against Comptroller DiNapoli and Madison County
Attorney John Campanie. The lawsuit takes issue
with legal fees paid to the Oneida and Madison
County attorneys’ private law offices for work done
in support of the repeatedly successful land claim
litigation defense against the OIN. The complaint,
brought as a “taxpayer action” by two OIN
employees, could not have been initiated by the
OIN in its own right because it is neither a citizen
nor a taxpaying entity.

The Court determined that the Comptroller, who
refused a demand by the OIN to take action against
Campanie, could not be forced to commence legal
action against him. The Court also severely limited
the other OIN-backed claims against Campanie,
limiting the scope of the action to claims accruing
after April 11, 2010.

The Court noted that in deciding the preliminary
motion, it was bound to “give the complaint a liberal
construction, accept the allegations as true and
provide plaintiffs with the benefit of every favorable
inference” and stating that “the question of '[w]
hether a plaintiff can ultimately establish its
allegations is not part of the calculus in determining
a motion to dismiss.''

The OIN has hired a prominent national law firm to
sue DiNapoli and Campanie, bringing the suit some
12 years after New York State agreed to pay the
private firms of the county attorneys of Oneida and
Madison County in the defense of the OIN's various
legal actions, including its attempt to join 20,000
individual landowners as defendants seeking title to
and ejectment from their lands. The arrangement,
long public and disclosed for the entire period on
Campanie's County ethics disclosure forms,
involved more than a decade of intensive legal work
resulting in numerous and substantial legal victories,
including the recent dismissal of the OIN's 1974
Land Claim by the Supreme Court in October 2011.
That decision protected title to over 250,000 acres
of public and privately held lands in Central New
York and denied the OIN claim for hundreds of
millions of dollars. The OIN continues in its attempts
to take 13,000 acres into federal trust and out of
taxable status, and continues to pursue federal
action to have 307,000 acres determined to be a
present Indian reservation.

CLICK HERE to see a copy of the court’s decision
in PDF.

Oneida Indian Nation: Court denies motion
related to improper billing practices