Tribal Judge Admits Trouble With Banishment County Judge Told That Teens To Be Sent To More Remote Area

A tribal judge Friday acknowledged two Indian youths aren’t obeying the terms of their banishment to Alaskan islands and he promised the youths would be moved to more remote islands and better supervised.

“We admit there has been a breakdown of control and there is no way to get around that except to move them,” Tlingit tribal judge Rudy James told Snohomish County Superior Court Judge James Allendoerfer.

James had persuaded Allendoerfer to approve the traditional tribal punishment for Simon Roberts and Adrian Guthrie, both 18, who were convicted of beating and robbing an Everett pizza delivery man in August 1993. The two were moved to islands near Klawock in southeast Alaska in September 1994.

Allendoerfer called the meeting between James, county prosecutors, lawyers representing the two youths, and a tribal social worker after receiving reports that Roberts and Guthrie had traveled to communities near the islands and had frequent visits from relatives.

Allendoerfer, who told James earlier he was concerned the banishment experiment was “faltering,” suggested Friday he might bring the youths back to Everett for sentencing to prison if problems with the banishment aren’t resolved.

Allendoerfer also said he was concerned about reports that Roberts was living on soft drinks and candy rather than gathering traditional foods. He cited reports that Guthrie had applied for a driver’s license while visiting Craig, Alaska, for medical reasons, and flew into a rage when he failed the test.

“It seems to me that in the past you had greater supervisory authority over their progress than you currently do,” Allendoerfer told James.

“There is no question that there is a crisis involved there,” James said. “My goals and my intentions have been to uphold tribal law and maintain the terms of the contract that we made.”

James acknowledged that Roberts had been eating junk food. He said he did not authorize visits by family members and would end them.

“We have informed certain members of the Roberts family in particular not to go out there,” James said.

James said the close proximity of the islands to populated areas had caused interference. He also said supervision of the boys had faltered during the summer fishing season, when many Klawock residents are out on their boats.

In an attempt to solve concerns cited by the Allendoerfer, James said Guthrie would be moved to a new location early this week.

Roberts is to undergo physical and mental evaluation before he is relocated. Diana Wynne James, a tribal social worker and the wife of Rudy James, recently evaluated the banishment conditions of both boys. In court Friday, she said she is concerned about Roberts’ health and cited problems including fever, an infected toe and scabies.

Diana James said Guthrie is making much better progress and is far more self-sufficient.

Allendoerfer told James that an apparent rift between him and tribal leaders in the boy’s hometown of Klawock on Prince of Wales Island was hurting the program.

“This crisis in your relationship is at the root of many of your problems.”

James said he would work to improve communication with the tribal leaders.