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 From The Walpole Times, July 10, 1997
Reprinted with permission

(supplied by Chris Grodin)


PONKAPOAG APPEAL DENIED BY SUPREME COURT . . . . . .

By Robin Palmer

The Massachusetts Supreme Judicial Court has denied the Ponkapoag Indians'
attempt to stop development on Indian Hill and the banks of the Neponset
River.

"It's over," attorney Arthur Kreiger said Tuesday of his clients' efforts.
Kreiger, who represents the Council for Native America Solidarity, Inc.,
Chief Russell (O-ee- Tash) Roundtree, Christopher Groden and the Ponkapoag,
had received word that day of the July 3 decision.

The plaintiffs have been battling since 1995 to stop the land from being
developed by Walsh Brothers Building Company and to reverse planning board
subdivision approval on the property known as Wisteria Way II.
The Ponkapoag argue that this land is sacred.

"What we're saying is this is where the bones of our ancestors are. This is
where we go to pray and this is where we feel one with our creator ... it's
where we feel  closest," Roundlree said.

Groden explained that the land is  rich in Native American history because it
is an ancient gathering   place, the home of Wittawaumutt,   a well-known
Indian who was murdered, and was once part of the Neponset Indian
Reservation.

Awaiting the decision of the court on whether it was willing to hear the
case, Groden had said, "If the Supreme Judicial Court doesn't want to hear it
on its merits, we're prepared to take it to the Supreme Court in Washington."

But Kreiger said that he would not try the case in front of the United States
Supreme Court.

The U.S. Supreme Court had struck down the Religious Freedom Restoration Act
just two  weeks ago. That act, passed in  1993, said a government decision
that substantially interfered with a person's exercise of religion had  to
be justified by some state interest or was void, Kreiger explained.  "It
raised some interesting issues," he said, but with the act struck down so
was the Ponkapoag's case.

"There's no court higher, no avenue for them to get to;" John Walsh also
said. "It's not a federal issue."

Walsh, of Walsh Brothers and 'Wisteria Ways Corporation, said, "They had
their day in court. They had several days  Frankly, we thought it was a
frivolous case all along.

Appeals in two lower courts on the planning board's approval of  the 89-lot
subdivision had been  dismissed, primarily because the  plaintiffs have no
legal proof of ownership of the land as abuttors.

Facing such difficulty in the courts, the Ponkapoag are curently looking into
another way to preserve their ancestral land, Groden said.

"We are working with a group of Ponkapoags who are planning on approaching
(the Pequot tribe),"  Groden said of the Indians who own Foxwoods casino in
Ledyard, Conn.

With the successful gambling business, the Pequots have money to spend.
They have recently been purchasing some historic Indian land in
Massachusetts," Groden said.

Within the month, Groden said, the Ponkapoags will approach the Pequots
about the land purchase.

When asked if he would consider selling the land, Walsh said, "I don't know.
It depends on the offer."

Meanwhile, Walsh,who doesn't believe the property to be of any Native
American historical sigificance, will start plans for a road on the property
this year and may start building homes next year.

Part of the construction plan,  which Groden objects to is the removal,
essentially, of Indian  Hill. From this area 400,000 cubic yards of fill are
expected to be  removed at a rate of 40 truck trips per day for three years.

If the Indians are somehow able to buy or control the land, Roundtree assured
that the land would not be used for financial gain.

The land would be left open for all people to use, Roundtree said, "and maybe
someday we could have our cultural center there."

Chris asked that the following be added:

"Please write to John & Robert Walsh of Wisteria Ways Corp.

14 Homeward Lane
Walpole, MA  02081

in support of this sacred land of the Ponkapoag, last of the Massachu-wooset
Nation."