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Arrest in 1981 tribal murders revives old mystery
Filmmaker completes Northwest Passage transit
Native Americans meet in Minn. on climate change
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By The Associated Press


Arrest in 1981 tribal murders revives old mystery

By AMY TAXIN and GILLIAN FLACCUS

Associated Press Writers

INDIO, Calif. (AP) - In the days before Fred Alvarez was shot execution-style with two friends on his verandah, the strapping Cabazon tribal leader feared he was a marked man: His motorcycle had been tampered with, his mailbox shot up and his house ransacked.

He visited the local newspaper several times to say that he'd uncovered something big enough to get him killed. He arranged to talk with a lawyer to divulge what he knew, but never made the meeting.

On that day, tribal member Joe Benitez swung by Alvarez's stucco house tucked among tamarisk trees in the wind-swept sand dunes of rural Rancho Mirage, about 130 miles southeast of Los Angeles. There, he found the bloated bodies of Alvarez and his friends Patricia Castro and Ralph Boger, all fatally shot.

Dried puddles of blood stained the sand near mattresses they had dragged outside to escape the sweltering desert heat. The three had been sitting in a semicircle. Police estimated they had been dead two days.

But why was Alvarez killed? That's what police and loved ones wanted to know in the summer of 1981, when the killings happened.

Now, 28 years later, the arrest of a murder suspect has revived the question, which lengthy investigations and a grand jury probe failed to answer.

Some believe the former college football lineman with tattoos, long black hair and a Fu Manchu mustache discovered money-skimming by outsiders helping the tiny Cabazon Band of Mission Indians manage its fledgling casino.

Others believe something hinted at by documents over years: Alvarez had stumbled onto plans for a top-secret weapons deal.

"When a guy comes in off the streets and says, 'Somebody's going to kill me,' you think he's out of his mind. But he was right,'' said Jim Lycett, an editor at the now-defunct Indio Daily News who met with Alvarez before his death. "Obviously, it's because he knew something that was going to get somebody in a whole lot of trouble.''

Authorities are saying little about their suspect, Jimmy Hughes, a 52-year-old former tribal security official-turned-preacher.

Hughes was arrested in September in Miami as he sat on a Honduras-bound plane. He faces three counts of murder and a count of conspiracy for allegedly killing Alvarez to prevent him from exposing illegal reservation activities.

Hughes, who is fighting extradition, declined interview requests.

"More than anything we really wanted it to be over and to have peace,'' said Linda Alvarez, Alvarez's sister. "All these years, everything I've been saying, maybe now they'll believe me.''

___

The Cabazons are a small tribe, just 25 members at the time of the murders. A tribal history commissioned in 1995 recalls the band as eager to drum up business --- at first, talking about agricultural projects but eventually opening a smoke shop and later a casino.

The history also recalls Alvarez's killing. It describes him as a renegade involved in criminal activity and denies the tribe had any involvement in his murder _ which a state policeman told Lycett bore the signs of an "obvious professional hit.''

Almost before the bodies were in the ground, rumors began to fly, backed up by Alvarez's premonitions.

Some said the tribal leader was determined to expose a scheme by outsiders to cheat the tiny tribe out of gambling profits.

But some relatives of the victims wondered whether Alvarez might have also discovered a secret partnership between the Cabazon tribe and private security firm Wackenhut Corp.

Witnesses and court documents alternately describe the deal as everything from providing security services to building a munitions arsenal to selling weapons to the Nicaraguan Contras, a U.S.-backed rebel group. The tribal history also details various attempts to start weapons production.

Current officials at Wackenhut Services Inc. declined comment, and tribal officials did not respond to interview requests.

Rachel Begley, whose father Ralph Boger died with Alvarez, has spent years researching the case. Begley recorded Hughes on a hidden camera at a 2008 religious conference as he said that Alvarez died in a "mafia hit'' that was "a lot bigger than the murder of this guy or that guy.''

Begley, who believes Alvarez was onto some kind of Wackenhut deal, has worked closely with the main sheriff's detective assigned to the case.

Court documents and interviews suggest outsiders were aggressively pushing the Cabazons beyond gaming.

Primary among them was John Philip Nichols, a business consultant hired by the tribe to help it open its casino. Nichols, who died in 2001, is now listed as a co-conspirator in the triple murder.

One of Nichols' sons married into the tribe and soon non-Indians were everywhere talking big money, said Linda Alvarez.

"There was just all kinds of (non-Indian) people wandering in and out, coming into meetings and we had no idea who they were,'' she said. "We felt fearful. I got the heck out of there.''

Riverside County sheriff's Detective John Powers, the lead homicide investigator, said he has no proof Alvarez was aware of a deal with Wackenhut. But he said Alvarez wanted to oust Nichols from the reservation over concerns about money-skimming at the casino - which could have thwarted Nichols' plans for business deals on the reservation, including with Wackenhut.

"What Fred was doing was trying to get rid of the Nichols family out of Cabazon,'' Powers said. "That is what got him killed because there was literally millions of dollars at stake.''

Authorities probing Alvarez's death recently took a large cardboard box of Wackenhut-related documents and tape recordings from Peter Zokosky, the former president of a nearby munitions manufacturing plant.

"With all the documents and memos I have seen go back and forth, it looks like they wanted to do these things,'' Powers said. "It just never happened.''

Zokosky, who had government security clearance and whose wife was Indio's mayor, said Wackenhut had asked him to write a proposal to build an arsenal and manufacture tank ammunition on tribal land. But the classified project went nowhere.

"It was submitted. I didn't hear anything more about it, and Wackenhut withdrew,'' said Zokosky, now 83. "I think they were dissatisfied with the structure of the Indian organization.''

The Florida-based company did sign a joint venture with the tribe to win government security contracts - but the partnership fizzled when it failed to get bids, said former Wackenhut spokesman Patrick Cannan. He said to his knowledge the deal did not involve weapons.

Yet two men said in separate legal filings the Cabazon-Wackenhut partnership was forged to sell weapons to the Contras. The idea was to develop night vision goggles, machine guns and biological and chemical weapons to support foreign entities, including the Contras, according to an affidavit filed in an unrelated case by a man named Michael Riconosciuto, who said he worked on the deal. He is now in federal prison on drug charges.

People claiming CIA ties wanted the venture to develop machine guns at a "top secret'' tribal facility for distribution to Nicaragua, said a second man, weapons manufacturer Robert Booth Nichols (no relation to John Philip Nichols). In civil court filings, he said he pulled out because Wackenhut didn't provide State Department approval.

___

Before he died, Alvarez told the Indio Daily News five times that John Philip Nichols and other outsiders were cheating the tribal members.

"He said, 'I'm living in a hovel while all these guys are getting rich off the casino,''' recalled Paul Zalis, a reporter who worked on the story.

Alvarez felt he was paying a price for questioning the tribe's direction. He told his family and Zalis that his house had been ransacked, his mailbox shot and his motorcycle tampered with. The day after he first spoke to the newspaper, he was voted out of tribal office.

"He said, 'I just know too much, and they're going to kill me,''' editor Lycett recalled. "He said it twice.''

Alvarez also contacted attorney Stephen Rios and arranged a meeting, saying he had evidence to support his claims. Rios recalls waiting for hours in his office and growing impatient--until Benitez called and told him, "Fred's dead.''

After the murders, Zalis said he began trying to piece together Alvarez's allegations, but was never able to find proof for a "rat's nest of references.'' The paper ultimately decided not to publish Zalis' investigative story.

Authorities probed the murders but no arrests were made.

Three years later, the story of the killings resurfaced when Jimmy Hughes approached law enforcement and claimed he had been asked in the presence of Nichols, the tribal administrator, to deliver $25,000 to a hitman to kill Alvarez.

That claim prompted reexamination of the murders, including probes by the Riverside County grand jury and the state attorney general.

In 1985, Nichols was charged in a separate murder-for-hire plot that was foiled by police informants, for which he served 11/2 years.

Authorities were unable to connect that plot to Alvarez's death and the case went cold for two decades, Powers said. This time, investigators are confident -- and hint there could be more arrests.

"If it was the story Jimmy gave back in 1985, we wouldn't be charging him with murder,'' Powers said. "It is much more than what he said.''

___

Associated Press Writer Jennifer Kay contributed to this report from Miami.


Filmmaker completes Northwest Passage transit

By SCOTT BOWLEN

Ketchikan Daily News

KETCHIKAN, Alaska (AP) - The creak and groan of moving sea ice reverberated through the fiberglass hull of Sprague Theobald's 57-foot Nordhavn power boat Bagan in mid-August as it sat somewhere in the Northwest Passage, high above the Arctic Circle.

Theobald, an Emmy-winning documentary filmmaker, knew something about sea ice.

Part of his pre-voyage research had focused on the early explorers whose ships got trapped in ice as they searched for an open-water link between the Atlantic and Pacific oceans above the oft-frozen top of North America.

And he knew Bagan would encounter ice during the planned 8,500-mile traverse of the Northwest Passage trip that began June 16 in Newport, R.I., and would conclude in Washington state.

What he wasn't prepared for was the nerve-racking noise produced by huge sheets of shifting, colliding sea ice.

"The sound was horrific,'' Theobald said Oct. 26 while talking with the Daily News aboard the Bagan at Ketchikan's Bar Harbor.

"I thought it was the hull -- it's that grinding, cracking noise (like) you'd think fiberglass would sound like if it was breaking,'' he said.

Crew members headed below decks to check the Bagan's hull ribbing and lay-up.

No damage.

"It finally dawned on me, this is the ice that's making all that noise,'' Theobald said.

But now the ice had Bagan in its grip, and both ice and boat were moving toward a rock-strewn shore.

"It looked like the only outcome of this was going to be very ugly,'' he said.

Two years earlier, Theobald had begun planning for a transit of the Northwest Passage.

That year, 2007, was the first year since at least 1978 that late-summer reductions in sea ice had rendered the Northwest Passage completely navigable, according to the European Space Agency.

The situation sparked interest among commercial shippers about the possibility of sending cargo through the Northwest Passage, shaving thousands of miles from the sea trade routes between Asia and Europe.

Indeed, it was the potential for reducing sailing time (and cost) that helped prompt the early explorers to search for a northern route. The ever-present ice proved an almost insurmountable barrier, however, and it wasn't until 1906 that Norwegian explorer Roald Amundson became the first to navigate the Northwest Passage.

The fact that the Northwest Passage was navigable again also caught the attention of Theobald, who has combined his love of oceangoing adventure with a career in writing, television and filmmaking.

He said about 50 percent of his interest in the Northwest Passage was for the adventure.

"But 50--maybe just a little more than 50 percent --was if I could get a good documentary out of it,'' he said.

Given that climate change has caused large amounts of Arctic ice to melt, some people assumed Theobald wanted to do a documentary about global warning from a particular viewpoint.

"Not really,'' he said. "The media talks so much about global warming, but nobody's really sent a camera up there to talk to the people who it would affect _ regardless of whether you believe in it or not.''

Also, filming the Northwest Passage now would give people an idea of "what we would have to lose'' if shipping were to be routed through the Northwest Passage, he said.

"Just let the pictures speak for themselves, but not to try to have an opinion either way on it,'' Theobald said.

He began preparing his boat in mid-2008.

Nordavn makes "remarkably strong'' offshore trawlers, said Theobald.

"I had this boat for about three or four years and it dawned on me that with the right combination -- hopefully with some backing and some funding and a good crew--it would be something I could take on,'' Theobald said.

He went through every system on the vessel, upgrading communications and heating gear in particular, and replacing anything else that looked even slightly suspicious.

He lined up full funding for the trip through various sponsors, including major underwriting from Nordhavn.

But then, after Theobald had committed to hiring crew (including Capt. Clinton Bolton and First Mate Dominique Tanton -- Theobald's stepdaughter), the national economic crisis hit.

He lost a huge chunk of sponsor funding, including Nordhavn. Thoebald said he continues to have a "great relationship'' with the boat manufacturer and understands why the company had to pull its funding for the voyage.

"With the economy, orders were dropping out (of Nordhavn's) books, left, right and center,'' said Thoebald.

The sudden absence of funding forced a huge decision. Should he sail? Or should he call the whole thing off?

"At some point in your life -- once -- you have to roll the dice in a big way,'' he said.

Theobald rolled the dice, committing the profits he'd earned from the sale of a house to the venture.

"I said, 'I've got to use that,' said Theobald.

The Bagan left Newport, R. I., on June 16 with Theobald, Bolton, Tanton and Ted Croy aboard.

Joining the crew later were Theobald's son, Sefton Theobald; master diver Greg Deascentis; and cameraman Ulli Bonnekamp (Croy and Bonnekamp were aboard early in the trip, but not in the Northwest Passage itself).

Bagan headed north to Newfoundland and on to Greenland's Disko Bay before cutting across Baffin Bay to Lancaster Sound.

There, the Bagan entered the 1,800-mile Northwest Passage on July 31, and the crew started work on photography and filming.

For most areas of the world nowadays, nautical charts are filled with scores of numbers indicating depths, and most hazards are clearly marked.

That's not the case for much of the Northwest Passage.

"Blank, except for one little line that was done in 1850,'' Theobald said.

Lack of chart soundings made Theobald think better of visiting an island where an ill-fated expedition is believed to have become icebound in the 1840s.

If Bagan got into trouble, "it's not like there's a sea tow or somebody around to come and get you,'' Theobald said. "You were on your own.''

As they traveled through Canada's Arctic Archipelago, the Bagan crew was downloading the Canadian Ice Service's daily maps that rate the varying thickness of sea ice in the region, trying to discern where and how fast the ice was melting.

Based on a lead in the ice on an Ice Service map, they headed toward a small Inuit community called Gjoa Haven on King William Island.

On Aug. 15, Theobald blogged that the crew hoped they were just two days out of Gjoa Haven.

The ice intervened.

Bagan's progress was reduced to a crawl, its crew looking for any leads in the surrounding ice through which the boat could proceed.

"We really had to ask the unthinkable of the boat, and turn her into a tug and a battering ram,'' Theobald said.

A crew member would sit high on the boat's radar arch, calling out directions for promising leads. Other crew would stand on the bow and stern with boat hooks, pushing ice away

"Making our way through this solid ice barrier was beyond nerve-racking in that the protestations from the ice were heard in the forms of shrieks, screeches, explosions and deep powerful shudders,'' Theobald wrote in the trip's blog. "If any of the ice bits found their way to our exposed stabilizers, propeller or rudder the potential damage could have bordered on the unthinkable. Time and again we'd fight for 500 yards, only to have it taken from us at the last minute, finding that the lead ahead had closed in the 10 minutes we'd been trying to get to it.''

They'd traveled only 18 miles in 17 hours. And they were now trapped.

"Not being able to move forward or backward, we shut down the engine and anchored onto a floe, one and a half miles from shore,'' he wrote.

The next morning found them just one-half-mile from shore and moving slowly closer.

They received an e-mail from a boat that was icebound, about 60 miles away. The Canadian Coast Guard had sent an icebreaker to free the other boat from the ice's grip.

"That really wasn't going to be an option for us,'' Theobald said. "Because we got ourselves into that mess and I didn't want to ask Canada to spend a lot of money to get us out.''

They decided to try to push their way out. But they made three miles before anchoring again on an ice floe.

"It was rough,'' he said. "We were all pretty beat and exhausted at the end of it _ especially with no guaranteed outcome. It's not like, 'Well, if we fight through this, the guidebooks say you reach the end of the ice and you're free.'''

The next morning revealed that they had drifted seven miles in the right direction.

"By three that afternoon we had broken our way clear into thinner and less dense ice packs,'' wrote Theobald, who was impressed with Nordhavn's toughness.

"Some of the hits we took on the ice, there was no creaking and groaning from the boat. The ice hit and sort of bounced off,'' he said.

They reached Gjoa Haven at 2:30 a.m. the next day.

"Never have I been so glad to hear the engine shut down,'' he wrote.

After a pleasant visit in Gjoa Haven, the Bagan transited Mclintock Bay en route to a community at Cambridge Bay.

It was there that Theobald heard some of the disparate views regarding climate change in the Arctic.

Theobald first interviewed two elders, men who had hunted in that area for their entire lives.

"The winters are getting longer,'' one of them said. "And the expression that we have is, 'The sun is coming up at the wrong time of the year. It's coming up too late.'''

Theobald then interviewed some geologists who had been working there for a decade or more.

"They said, 'Oh, we've seen big changes, the winters are much shorter,''' Theobald said.

Even at "ground zero,'' he said, "there are no agreeing opinions on global warming.''

Yet everyone they spoke with agreed that the Northwest Passage would never open to commercial shipping, he said.

Cost is the major factor. Ships would have to have double or triple hulls, and the ice is so pervasive that icebreakers still would be required, he said.

"It would be so expensive to have a fleet of icebreakers to go through ahead of you to open a lane that will shut 12 hours later,'' Theobald said. "It's just such a strong entity, the ice.''

From Cambridge Bay, the Bagan continued west through the Coronation and Amundsen gulfs before exiting the Northwest Passage at 130 degrees west longitude.

The crew celebrated, but they knew there was still about 2,000 miles to go through some famously nasty waters, including the Chukchi and Bering seas.

"I thought, 'God, I wish this crew hadn't watched The Deadliest Catch,''' he said. "Especially me, because we're all looking over our shoulders (in the Bering Sea) thinking when is this (bad weather) going to hit?''

They got lucky with great weather in the Bering Sea, but they got slammed when they came through the Aleutians and into the Gulf of Alaska.

"It really, really piped up,'' Theobald said. "We had our hands full until we got to Sitka.''

Capt. Bolton had departed the crew at Nome. DeAscentis stayed on through Sitka.

Bagan departed Sitka en route to Ketchikan in early October, with just Theobald and his three family members aboard.

But the ice wasn't done with Bagan quite yet.

The boat was entering Wrangell Narrows when a small berg of glacier ice appeared out of the fog.

"It was ... maybe about the size of a freezer trunk,'' he said. "And I saw it and I was just, 'AAHHH. NOOO! No more ice!'''

Bagan cleared the berg and arrived safely in Ketchikan on Oct. 9.

It continued south toward Seattle on Oct. 27, traveling slowly to try (somewhat unsuccessfully) to coincide the rest of the voyage with pockets of good weather.

While still in Ketchikan, Theobald wasn't certain about when the documentary resulting from the voyage would be finished, or how it would be distributed.

"If I'm doing it on my own, which I kind of am leaning towards, it will probably be finished by the end of the summer, so I would be hoping to sell it for the fall, or the next spring,'' he said.

When he spoke with the Daily News, Theobald had had some time to reflect on the Bagan's voyage through the Northwest Passage.

He said the experience really opened his eyes about the toughness of the 19th century sailors who explored the Northwest Passage area, some of whom got stuck there in the ice.

"That sailing breed then was a different breed,'' Theobald said. "But we had GPS, electronic charts, (satellite) phones, e-mail, could download weather reports -- and when we were locked in the ice, there was a huge amount of terror involved.

"Those guys, who were stuck up there for two years with nothing, I mean, they were supermen in that regard. They would come back, and if not do it again, they would go off to do (Cape) Horn or something,'' he said.

So what about Theobald; would he do it again?

Well, maybe as a crewman aboard someone else's boat, he said.

"You know, I loved every minute of it, but not to be repeated,'' said Theobald. "I would never take my boat above Glacier Bay again. I'm a little filled up with ice at this point -- but I'm not regretting a single minute of it.''

___

Information from: Ketchikan Daily News,

http://www.ketchikandailynews.com


Native Americans meet in Minn. on climate change

By The Associated Press

PRIOR LAKE, Minn. (AP) - Native American groups gather in Prior Lake, Minn., on Wednesday to strengthen their clout in global climate change talks.

The Native Peoples Native Homelands conference aims to give indigenous people more say ahead of a 192-nation conference on climate change in Copenhagen next month.

The conference will look at the effect of climate change on Native American communities, touching on subjects including subsistence economies, traditional plants and sacred sites. Organizers say global warming has a disproportionate effect on Indian communities because of their relationship to the land.

Sponsors include the National Aeronautics and Space Administration, 36 tribal colleges and Native American environmental groups. The conference runs through Saturday at Mystic Lake Casino Hotel.


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