BY JEFF CHUDZINSKINorth Country This Week

Story updated at 5:50 p.m. on May 22 to include NYPA and Tribal responses

MASSENA — State police arrested eight people Tuesday evening on charges of trespassing and conspiracy, for apparently attempting to reclaim Mohawk land on Barnhart Island.

The property is owned by the New York Power Authority and the tribal members did not have permission to be on the property, police say.

According to a NYPA representative, “The individuals on the property of the New York Power Authority’s St. Lawrence-FDR Power Project yesterday conducting an unauthorized excavation with a backhoe were removed by the State Police.”

A Facebook video circulating online shows tribal members erecting a sign that calls for, among other things, “repossessing lost lands.” The sign hangs between two trees about 12 feet in the air and appears to be not far from the Eisenhower Locks. 

The Saint Regis Mohawk Tribal Council, Mohawk Council of Akwesasne, and Mohawk Nation Council of Chiefs issued a press release to denounce the actions. Tribal leaders say the event was the "actions of a small group of individuals who have erected signs suggesting a reclamation of Mohawk land on Barnhart Island."

“We understand the feelings of some tribal members that we own Barnhart Island since it is part of our historic homelands. However, we do not feel this action is productive or helpful and can set back our progress in the land claim settlement, which is nearing a positive resolution and could bring over 14,000 acres of Mohawk homelands to the community,” the Tribal Council stated.

State police responded at approximately 7:30 p.m. to Barnhart Island for a criminal mischief complaint. An investigation determined a  group of tribal members were trespassing and intentionally damaging the property, police say.

Those who were charged and released on appearance tickets include:

• Larry V. Thompson, 69, Hogansburg, was charged with second-degree criminal mischief, felony, and fifth-degree conspiracy.
• Brent Maracle, 48, Hogansburg, was charged with fifth-degree conspiracy.
• Donald Delormier, 35, Hogansburg, was charged with fifth-degree conspiracy and resisting arrest.
• Dana L. Thompson, 67, Hogansburg, was charged with fifth-degree conspiracy.
• Gabriel J. Oakes, 58, Hogansburg, was charged with fifth-degree conspiracy.
• Isaac N. White, 42, Hogansburg, was charged with fifth-degree conspiracy.
• Mariana Johnson-Zafiris, 25, Hogansburg, was charged with  fifth-degree conspiracy.
• Kimberly A. Terrance, 41, Hogansburg, was cited for  fifth-degree conspiracy.

They also face trespassing charges.

In another video circulating online filmed prior to the arrival of state police, a NYPA security officer can be heard telling the tribal members he is “just doing his job” when he asked them what they were doing. In what appeared to be a civil conversation, the tribal member told the security officer the sign was to stay or “there would be problems.” 

"The message was already sent. I'm going to be putting up the sign. I'm going to bring them in and put the sign up. The sign is to remain there. If the sign comes down then there will be problems," he said in the video.

 “While we understand the historical land grievances that led to this action, the Mohawk Councils do not support or condone these actions,” the statement from the councils said.

Tribal leaders went on further, saying the land was historically Mohawk land but has not been under Akwesasne's possession since the 1820's "due to illegal takings."

When asked for clarification of the conspiracy charges the eight people are facing, state police offered the following statement.

“If you plan with one or more other people to commit a felony, then you have already committed a crime. The crime of conspiracy involves making an agreement with others to commit a crime. There are 6 criminal conspiracy crimes in the New York criminal code. The prosecutor will determine the specific conspiracy charge that you will face based on your age, the age of those with whom you conspire, and the crime involved. Conspiracy in the fifth degree is one of 2 conspiracy offenses that are misdemeanors. Under New York Penal Law section 105.05, you have committed the crime of conspiracy in the fifth degree if: Intending to commit a felony you agree with one or more people to commit that felony, or You are over 18 years old, you intend to commit a crime and agree with one more people who are under 16 years old to commit that crime.”

Videos and photos circulating

Another video circulating on social media shows state police apprehending a woman who was filming their approach. The woman in the video notes she was warned she would be arrested if she did not leave the area.

Photos have also circulated, showing the sign that reads: “The Great Law has definite functions for the War Chief and his men (Warrior Society). They are charged with the protection, defense and welfare of the people. These duties may take many forms: keeping the peace, repossessing lost lands and human rights; and work of all useful kinds to promote the welfare of the people. Uphold the Great Law results in...Peace, Power, Righteousness. A noble work entrusted to the care of the Warrior Society."

The Mohawk councils  are currently engaged in a settlement process with New York State to address longstanding land rights issues.

"The proposed agreement would recognize rights of access by Akwesasne community members to Barnhart Island," they said in the prepared statement. “This settlement process is crucial for our community's long-term benefit and sustainability.”

The statement continued, "Through legal and collaborative efforts, we strive to assert our rightful jurisdiction, recover land title, and protect our heritage while maintaining peaceful and positive relationships with our neighbors. The three Councils remain supportive of the ongoing land claim settlement process with New York State and believe this legal process is the most effective way to regain land and ensure it benefits the entire Akwesasne community," they concluded.

St. Lawrence County Attorney Steve Button told NCTW that he and county leaders will continue with the land claim settlement and the legal process while adhering to the memorandum of understanding that was struck between the tribe and county in 2014.
Calls to New York State Park Police were not returned as of press time.