Aim Founder Seeks Probe Of Accident Case Banks Says White Woman’s Sentence Too Light In Death Of Three Indians

A famed American Indian activist announced Tuesday that he will ask national tribal leaders to look into the deaths of three North Idaho Indians.

Dennis Banks, founder of the American Indian Movement, said he believes the drunken driver responsible for their deaths received a light sentence because she is white and her victims are Native Americans.

“This whole thing really smacks of Mississippi, of the South, and Georgia during the ‘50s and ‘60s,” Banks said during a telephone interview.

Janice Hess, 39, was sentenced to a year in jail earlier this month.

As part of a plea agreement, Hess pleaded guilty to three counts of vehicular manslaughter. In December 1993, she drove head-on into a car carrying 18-month old Amadee Nomee, 5-year-old Justina Nomee and Howard Monhatwa, 25. All three died.

Banks said he feels racism has played a part throughout the case. Many of those involved, however, disagree.

“If there’s one thing that’s absolute about this case, it is that there was no racism involved from the beginning,” said Capt. Ralph Powell of the Idaho State Police. “It didn’t exist, it doesn’t exist.”

Banks has criticized the ISP for removing Monhatwa’s body from the accident scene in the back of his mangled car, instead of in a hearse.

Banks said he also feels the Kootenai County prosecutor and judge should not have allowed Hess’ plea agreement.

According to the agreement, she would have been able to withdraw her guilty plea if the judge was going to sentence her to any more than a year in jail.

Consequently, Judge James Michaud sentenced Hess to a year in the local jail, giving her work release for the last three months.

“They began to move to almost protect her,” Banks said. “That small good ol’ boy attitude began to prevent the wheels of justice.”

But Kootenai County Prosecutor Bill Douglas said others convicted of similar crimes have received similar sentences. He said he agreed to the plea agreement to avoid the possibility of a jury finding Hess not guilty or giving her a lesser sentence.

“The criminal justice system in North Idaho is color blind,” Douglas said.

Banks said he will ask AIM’s grand council Thursday in Minneapolis to file a federal lawsuit against the parties involved in the case or ask that the judge’s actions be reviewed.

His request will go before the council on Thursday.

Meanwhile, Fred Gabourie, attorney for the victims’ family, said he will file a lawsuit against the ISP on Monday accusing them of negligence in the handling of Monhatwa’s body.

Powell said officers were merely trying to get Monhatwa’s body away from the scene as quickly as possible to avoid upsetting family members.