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Twila Szymanski lowers the scope on her rifle, takes aim and hits a target in the distance. The shooting range is where she and her husband go to relax and forget the things they've been worrying about, she said. But some experiences are hard to shake. "To trust somebody you know after a sexual assault happens … it has been so difficult to work through that," Szymanski said. Szymanski, 40, has lived on the Fort Peck Reservation in Northeast Montana since she was born and is an enrolled member of the Fort Peck Assiniboine and Sioux tribes. She said she's been assaulted three times. "I was a victim when I was 13, a victim when I was 14, and a victim when I was 34," she said. CAPTION: Twila Szymanski is a lifelong resident of the Fort Peck Reservation. (Newsy / Carrie Cochran)"Native women have told me that what you do when you raise a daughter in this environment is you prepare her for what to do when she's raped — not if, but when,"said Sarah Deer, University of Kansas professor and author of "The Beginning and End of Rape: Confronting Sexual Violence in Native America."More than half of American Indian and Alaska Native women will experience sexual violence in their lifetimes, according to the Department of Justice."You talk to Native women who have lived their whole lives on a reservation, and they say, 'I can't think of anyone, any woman that I know who hasn't been victimized in this way,'"said Deer, a citizen of the Muscogee (Creek) Nation of Oklahoma.National data on sex crimes in tribal communities are scarce, so Newsy spent 18 months focused on two reservations: the Fort Peck Reservation in Montana and the Fort Berthold Reservation in North Dakota. After analyzing exclusively obtained documents and conducting dozens of interviews, a stark picture emerged.Sexual assault investigations can fall through the cracks when tribes and the federal government fail to work together. Even for those few cases that end in a conviction in tribal court, federal law prevents most courts from sentencing perpetrators for more than a year.Survivors who come forward to report assaults often find themselves trapped in small communities with their perpetrators, and several said the broken legal system contributed to their trauma.A complicated legal arrangementThe federal government has a unique political and legal relationship with the 573 federally recognized tribes. The tribes are sovereign, with jurisdiction over their citizens and land, but the federal government has a treaty obligation to help protect the lives of tribal members. This legal doctrine, called the "trust responsibility," goes back to the treaties that the U.S. signed with tribal nations in the 18th and 19th centuries.The array of Supreme Court decisions and federal laws that followed resulted in a complicated legal arrangement among federal, state and tribal jurisdictions, making it difficult for survivors of sexual assault to find justice. CAPTION: Sarah Deer is author of "The Beginning and End of Rape: Confronting Sexual Violence in Native America." (Newsy / Carrie Cochran)"A lot of times, when I try to explain it, people don't even believe me because it's so bizarre," Deer said. "And the reason it's bizarre is because there's been this patchwork of laws that don't talk to each other over the last century."Only one yearThe tribal courthouse on the Fort Peck reservation is a small brick building. The front desk is lined with pamphlets about dating violence and sexual assault."The trauma that has developed over the generations ... some of the assaults are generational, and they're within the same home," said Chief Judge Stacie Smith, a member of the Fort Peck Assiniboine and Sioux tribes. "Pretend it wasn't there, and maybe it’ll go away, you know, the next generation it won't happen again. But it continues."Smith wants to break the cycle, but tribal courts face major restrictions, including a one-year limit on sentences regardless of the crime and almost no jurisdiction over non-Indians.CAPTION: Stacie Smith is chief judge of the Fort Peck Tribal Court. (Newsy / Carrie Cochran)"When you think about rape and you think about somebody who is a perpetrator of that kind of crime, and you think, 'What do they deserve?' One year doesn't usually sound like the right answer," Sarah Deer said.In 2010, the sentencing cap was expanded to three years per offense through the Tribal Law and Order Act as long as the tribes were able to meet certain requirements. Only 16 tribes have implemented the three-year sentencing enhancement.Fort Peck is one of them.When the law took effect, there were no attorneys, no one with a law degree in the court system.Smith decided to leave her young daughters in order to attend law school hundreds of miles away. This would help the tribal court meet the federal requirements and give it more authority.The tribal court was able to hand out three-year sentences starting in late 2012. From 2013-2018, there were three sexual assault convictions, but none of them had enhanced sentences. The longest sentence was still one year."We use the enhanced sentencing sparingly because we want it to have meaning," said Scott Seifert, a member of the Comanche Nation of Oklahoma and Fort Peck's lead tribal prosecutor.Going federalTribal court is not the only option for those seeking justice for sexual assault. In most cases, the FBI, Bureau of Indian Affairs, or BIA, and U.S. attorneys' offices are federally mandated to work with the tribes to investigate and prosecute "major crimes," which include sexual assault."So, if you have a rape case or a child sex abuse case and you do want to see that perpetrator put away, the best possibility for you is that it will go federal," said Deer.That responsibility falls to the U.S. attorneys' offices, which have seen their funding and staffing in Indian County cut by more than 40% in the past seven years, according to the Department of Justice.Data Newsy obtained from the DOJ shows that the Montana U.S. Attorney's Office declined 64% of cases of sexual assault in the past four fiscal years.CAPTION: Kurt Alme is the U.S. Attorney for Montana. (Newsy / Carrie Cochran)The U.S. attorney for Montana, Kurt Alme, said that a lot of these cases are declined because of weak or insufficient evidence, "and it is something that has to be worked on," he said.According to the BIA, tribal courts received less than 5% of the funding that was needed in 2016. Law enforcement received 22% of what was needed, and jails received less than 50%.Less than half of the law enforcement agencies that the bureau funds and oversees are properly staffed, said Charles Addington, director of the BIA Office of Justice Service and a member of the Cherokee Nation.In August 2018, Fort Peck Tribal Police had funding for 21 positions, but nine of them were vacant, said Ken Trottier Jr., criminal investigations supervisor for the Fort Peck Tribes and a member of the Turtle Mountain Band of Chippewa."We have a hiring pool that is literally nothing here on the reservation, even though we open it up to off-reservation people," he said. "There's no houses for sale. No houses for rent. Where's that person going to live?"Constant turnover and understaffing can lead to an undertrained police department, Deer said."[The survivor is] waiting for help. They don't know if help is coming. They don't know if the help is going to be compassionate and trained," Deer said. "The system is not feeling like a safe, productive system to them anymore."Big money but little justiceThree hours east of Fort Peck, the Fort Berthold Reservation in North Dakota sits on the Bakken oil basin and has an annual budget of 0 million. The reservation is home to the Mandan, Hidatsa and Arikara Nation, or the Three Affiliated Tribes.Driving around the remote reservation, council member Dr. Monica Mayer points to a multimillion-dollar housing project that she says will soon have an aquatic center, baseball diamonds and mini golf.They've also built a million public safety and judicial center and increased staffing in the court system. In the past three years, the reservation has hired more than a dozen additional officers to help with what was an understaffed police department.CAPTION: Kurt Alme is the U.S. Attorney for Montana. (Newsy / Carrie Cochran)Despite this financial independence, the justice system still appears to be failing sexual assault survivors who decide to report."At every level, we are not adequately functioning to provide the services that are needed in a critical situation," Mayer said.The Fort Berthold tribal court does not have enhanced sentencing. The court sentenced three people for sexual assault from 2013 to mid-2018, according to court records. Sentences ranged from eight days to six months.The tribes' relationship with its federal partners — the BIA, the FBI and the U.S. attorneys — is crucial to helping survivors get justice. But based on interviews and records obtained from federal and tribal agencies, it's unclear if all sexual assaults on Fort Berthold were fully investigated by any agency in the past six years.The tribes are supposed to refer every major crime to either the BIA or the FBI for investigations. Both are charged with overseeing all major criminal investigations on Fort Berthold and will determine which agency takes the lead.The tribal criminal investigators had record of 66 sexual assault cases from January 2016 to September 2018. The BIA only had record of 10 investigations during that same time period. The FBI declined to provide any records.After Newsy asked about the status of these cases, Three Affiliated Tribes Police Captain Grace Her Many Horses, a member of the Oglala Sioux tribe from the Pine Ridge Reservation, said she would do a case file review."The priority for me, right now, is to go through those case files to find out what's been declined, why, and is there anything we can do to make it happen," she said. "I guess part of that is on me, too. I should know this by now."Grace Her Many Horses said she finished the case file review nearly a year later, but she did not provide the details of what she found, nor did she disclose whether the police referred all 66 cases up to their federal partners.Exactly one week after Newsy's last trip to Fort Berthold, during which reporters asked how sexual assaults and rapes are handled on the reservation, the Department of Justice and the BIA released a joint statement saying, "A number of concerns have been raised about public safety and criminal investigations on the Fort Berthold Reservation."Citing "the high rate of violence against women and children," it stated that the BIA was increasing the number of special agents from "one to two." As of the start of October, no second agent had started working on Fort Berthold.The United States Commission on Civil Rights has issued two reports on funding in Indian County, one in 2003 and an update in December 2018, called Broken Promises. The report said "the federal government continues to fail to support adequately the social and economic well-being of Native Americans," and that this "contributes to the inequities observed in Native American communities."Trying to make a differenceToday, Twila Szymanski works as the deputy court administrator for the Fort Peck Tribal Court, maintaining records and stats.Szymanski only reported one of her three assaults — the one when she was 14. Her case made it into federal court.The defendant pleaded guilty in 1995. He was sentenced to three years' probation and no prison time.CAPTION: Twila Szymanski is the deputy court administrator for the Fort Peck Tribal Court. (Newsy / Carrie Cochran)"Justice wasn't served, in my opinion," she said. "He was back in the community quickly, and I had to see him when this was all fresh."Szymanski is confronted with the memory of what happened to her each time a case comes up and each time she sees her perpetrator in the community.She said she uses her position in the court to go through cases and stop them from dropping through the cracks, and she is running for Fort Peck associate judge in the election this month."When the system has failed you time and time and time again, you don't feel empowered," Deer said. "It feels like a disconnect between this moment of 'Me Too' and the reality of Indian Country and sexual assault."Suzette Brewer is a writer specializing in federal Indian law, having written extensively on the Indian Child Welfare Act, environmental issues on reservations, the opioid crisis in Indian Country and violence against Native women and children. Her published books include “Real Indians: Portraits of Contemporary Native Americans and America’s Tribal Colleges” and “Sovereign: An Oral History of Indian Gaming in America.” She is the 2015 recipient of the Richard LaCourse-Gannett Foundation Al Neuharth Investigative Journalism Award for her work on the Indian Child Welfare Act. She is also a 2018 John Jay/Tow Juvenile Justice Reporting Fellow. She is a member of the Cherokee Nation and is from Stilwell, Oklahoma.You can watch"A Broken Trust" on Newsy's over-the-top streaming platforms, including Roku and FireTV, as well as online at newsy.com. For more details on where to watch, 13295

Two of President Donald Trump's closest allies on the House Oversight Committee referred Trump's former personal lawyer, Michael Cohen, to the Justice Department Thursday for possible criminal prosecution, claiming to have evidence that Cohen "committed perjury and knowingly made false statements" to lawmakers during his day-long testimony Wednesday.The criminal referral -- sent by Ohio Rep. Jim Jordan, the top Republican on the Oversight Committee, and North Carolina Republican Rep. Mark Meadows -- outlined several areas of testimony they urged the Justice Department to investigate, including Cohen's claims Wednesday 637

Two California police officers who killed Stephon Clark, an unarmed black man who was fatally shot in his grandmother's backyard last year, will not face criminal charges, Sacramento County District Attorney Anne Marie Schubert said Saturday.Schubert described a young man going through a tumultuous time in his life, facing jail time after being accused of assaulting his girlfriend and mother of his children days earlier. She said toxicology reports showed Clark had Xanax and alcohol in his system and that he had researched ways to commit suicide before his encounter with the officers."Was a crime committed?" Schubert told reporters. "There is no question a human being died. ... The answer to that question is no and, as a result, there was no criminal liability."Schubert would not characterize what happened as a "suicide by cop" but said "many things were weighing heavily" on Clark's mind at the time of the shooting.Clark was unarmed when he was shot seven times, including three times in the back, according to an autopsy released by the Sacramento County Coroner's office. An independent autopsy found that Clark was shot eight times, with six of those wounds in his back, according a forensic pathologist retained by Clark's family.The case became a symbol of strained relations between the police and the community as well as racial tensions in the state capital.Jamilia Land, a friend of Clark's family and member of CA Families United for Justice, in a statement said no prosecutor's "ruling can change the most important fact -- Stephon should be alive.""Stephon was unarmed and in no way a threat. Instead, they shot 20 times and hit Stephon at least 8 times. Even then, they did not call for medical care even though he was bleeding profusely. Now the Sacramento District Attorney says it's unjust to charge these officers with Stephon's murder—where is Stephon's justice?"Authorities said the two Sacramento officers who shot Clark were responding to a report that a man had broken car windows and was hiding in a backyard. Police chased the man -- later identified as Clark -- who hopped a fence into his grandmother's property. He was shot in her backyard on the night of March 18, 2018.Schubert, who opened her news conference with an apology to the Clark family, said she met with his mother Saturday morning.The prosecutor went through a lengthy presentation involving body worn cameras, helicopter surveillance video and photos. Clark vandalized three cars, moved to a backyard and broke a sliding glass door to a room where an 89-year-old man was watching television, and then jumped to another yard.Directed to Clark's location by the sheriff's helicopter, the officers chased Clark to a backyard."Hey, show me your hands," the lead officer said. "Stop. Stop."Schubert said, "Both (officers) describe that Mr. Clark was sanding with his arms extended in a shooing stance. Both officers believed he was pointing a gun at them."One officer saw a spark that he thought was a muzzle flash from a gun, she said. The other thought the flash was light reflecting off a gun."Show me your hands," one officers said, breathing heavily. "Gun. Gun."Clark was about 30 feet away behind a picnic table when the officers opened fire, the prosecutor said.After the shooting, protests erupted for several days in Sacramento as tempers flared. Frustrated residents and Black Lives Matter activists urged accountability for the shooting. At one point, protesters blocked the entrance to the Golden 1 Center, where the Sacramento Kings play, forcing them to play a game against the Atlanta Hawks in a nearly empty arena.Police said the officers who fired at Clark believed he was pointing a gun at them. But investigators determined Clark was actually carrying a cell phone.Clark's family last month filed a wrongful death lawsuit against the officers involved and the city of Sacramento.The federal lawsuit alleges the young man was racially profiled, and the officers used excessive force in the shooting incident. The two officers failed to identify themselves or issue a verbal warning before firing approximately 20 shots, the suit said. The lawsuit also alleges the officers did not get him medical attention immediately after the shooting.Mayor Darrell Steinberg devoted much of his 2019 "State of the City" speech to the shooting and apologized to Clark's family and the community, CNN 4416

WASHINGTON – Federal officials are warning parents and caregivers not to use inclined sleep products for infants, citing dozens of baby deaths.The U.S. Consumer Product Safety Commission 199

While a CDC report on Wednesday confirms that seniors are most at risk at developing a serious illness from the coronavirus, the virus also poses a risk to younger adults, according to the guidance. The CDC's report, which is contrary to a popular belief that the coronavirus only affects older people, stated that 20% of coronavirus hospitalizations in the United States were from people age 20-44. While fatalities among younger Americans were relatively rare, a number of cases required intensive care. Anywhere between 2 and 4 percent of confirmed coronavirus cases among ages 20 to 44 required intensive care. Also, up to 20% of cases among young adults required hospitalization. "Clinicians who care for adults should be aware that COVID-19 can result in severe disease among persons of all ages," the CDC said in guidance released on Wednesday. "Persons with suspected or confirmed COVID-19 should monitor their symptoms and call their provider for guidance if symptoms worsen or seek emergency care for persistent severe symptoms."While the risk of serious illness isn't minuscule for younger Americans, the risk for older Americans increases with age. The guidance released by the CDC on Wednesday shows that cases among those over age 85 result in death in more than 10%, and hospitalization in between 30 and 70 percent of cases. "The risk for serious disease and death in COVID-19 cases among persons in the United States increases with age," the CDC said. "Social distancing is recommended for all ages to slow the spread of the virus, protect the health care system, and help protect vulnerable older adults. Further, older adults should maintain adequate supplies of nonperishable foods and at least a 30-day supply of necessary medications, take precautions to keep space between themselves and others, stay away from those who are sick, avoid crowds as much as possible, avoid cruise travel and nonessential air travel, and stay home as much as possible to further reduce the risk of being exposed." 2028