European Stars and Stripes (Newspaper) - September 7, 1991, Darmstadt, Hesse                                Indian go charges investigators made mocking gestures saturday september 7, 1991 the stars and stripes Page 3 by Rosemary Sawyer staff writer Heidelberg Germany a an american Indian Soldier says army customs investigators committed religious discrimination recently when they mocked him As he explained his ceremonial use of tobacco. The Heidelberg chief of staff at the time it. Col. David Merhar agreed with the complaints of staff sgt. Ray Deer in a memo dated july 30. An informal inquiry into Deere a equal Opportunity complaint found a the investigators displayed a Lack of knowledge and sensitivity to your religious traditions a the memo said. A comments and innuendos made by investigators Are not condoned by the Community and Are  Deer was investigated by customs officials with the 285th military police co for buying Large quantities of Marlboro cigarettes Between november and july. Investigators suspected him of Selling the cigarettes on the Black Market based on a log Book of purchases and an interview with one of Deere a fellow soldiers who said he did not think Deer or his wife Sharon smoked Deer said. Deer said his commander at the army Hospital in Heidelberg col. Franklin Smith cleared him of All alleged wrongdoing tuesday. Deer the assistant non commissioned officer in charge in the hospitals radiology department said the treatment he received during the two month investigation made his a heart sad and made him decide to get out of the army when his term expires in two years. Deer said three investigators questioned him for several hours july 12 without a lawyer being present. He said he dropped his request for a lawyer when one investigator threatened to have his wife picked up by the German police if he did no to. During the questioning Deer said he explained that he and his wife smoke occasionally at Home a a fact Only close friends would know and supported by family snapshots a and break Down the rest of the cigarettes to Burn during ceremonial praying in his basement. A when we do Pray a lot of native americans use tobacco because that is How you Send your prayers and your message to the creator that a what you re sending it up As a said Deer who grew up on a Mohawk reservation in Canada. A a it a a  Deer said he used More tobacco than usual during january and february because of the persian Gulf War. The deers ration cards indicate the Purchase of 34 Cartons of cigarettes during that time an amount that did not exceed their allotment. Deer said he prayed for his Cousin a Bamberg Soldier who was serving in saudi Arabia and for himself saying he figured he might also be sent to the desert. Deer who moves to a new assignment at West Point n.y., later this month said he uses cigarette tobacco because it does no to cause As much smoke As pipe tobacco a consideration since the basement storage room where Deer worships is very Small. Also one Carton of cigarettes Breaks Down to enough Loose tobacco Ftp nearly fill a two Pound Coffee can Wimch Deer said hell easily bum in one prayer session. Deer said that Midway through his explanation to investigators one of them stopped him and used foul language to accuse him of lying saying she knew indians did no to use tobacco for praying because her grandmother was a a full blooded Indian and her Grandfather was an Indian chief. Deer caught the other investigators behind his Back gesturing to one another that they thought he was crazy he said. Despite the no lawyer Deal Deer thought he had arranged military police a amps Ken George staff sgt. Ray Deer wears a Mohawk ceremonial headdress while discussing the problems he had recently with army investigators. Picked up his wife and 3-year-old son right Cloud and interrogated Sharon Deer for several hours he said. The following Day Deer filed a complaint with the Community equal Opportunity office. He said sgt. 1st class Allison Johnson from that office was very helpful and even visited Deere a basement to see the simple shrine and tobacco Burner where he sends up his prayers. A because of the things in be done within the Community she believed what i said a said Deer who for six years has shared his Mohawk culture with school children and at boy scout outings. The memo from Merhar said the offend ing individuals had been counselled. But when contacted thursday Merhar said counselling never took place because the investigators did not belong to a Heidelberg Community unit and he did not have authority to Send the intended letters. An official with the 42nd military police group said that he would not comment on Deere a claims against investigators and that the investigators company commander was not aware of the equal Opportunity inquiry. Deer who has been his units equal Opportunity representative for five years expressed disappointment Friday when he Learned that investigators were not counselled calling it a another broken  Merhar who is retiring from the army said he regretted that be had been unsuccessful in his attempts to Contact Deer. To describe his feelings Deer provided an analogy from nature an important part of Indian beliefs. A we look at a spider and the first thing we do is we done to understand it. It looks scary. It has More legs than us. I done to want to touch it because it walks this Way and it crawls. So instead of trying to understand it its easier to Squash it a Deer said. A and that show i Felt. I Felt like a spider that was just squashed because they done to take the time to understand that i might have a purpose in life. I might have some Type of reason for being Here. That a not what they wanted to  Deer said the whole episode signalled to him that it was time to get out of the army. A a it a time to go Back Home a Deer said. A i said id stay As Long As the army was Happy with me or i was Happy with the army. Obviously right now in a not Happy with the army. We re going to build our own House. I plan to get old and Wise and let the people know exactly How it is outside Indian culture a britons seek rights to land used As base by Amy Geiszler Jones . Bureau a citizens group wants to Challenge in court a British government ministry a decision to take away its traditional land use rights for property occupied by Raf Greenham common. Commons again which represents local people who want the land returned to common use have filed a request with Britain a High court to review the ministry of defense a May 31 decision in which 34 britons lost their so called commoners rights to the former cruise missile base. The ministry has claimed that its decision cannot be challenged. The group includes some area commoners As Well As other supporters of the groups a aim to have the land returned to the people of Newbury As a common a said Christopher Austin chairman of commons again. Newbury is a City near Greenham common. A we Are challenging the legality of the extinguish ment of the rights. We believe that the mod do not have the Powers which they claim to have a said Austin. Raf Greenham common is 47 Miles Southwest of London. It currently is a standby base for the . Air Force with about 325 airmen stationed there. The 7501st air base so at the base also supports the 200-plus airmen stationed at Raf Welford a storage base for conventional munitions about 10 Miles from Greenham common. Sections of land were set aside in medieval times for common use by All citizens. Commoners rights which Date Back to the same period allow residents of common lands to Graze livestock and to collect gravel Wood and Bracken a Type of Fern from the lands. Such rights also preclude certain types of development such As building factories or civilian airports on the property. Those restrictions were a key reason Why the citizens say they Are seeking to maintain their rights. Greenham common base occupies primarily two commons a Greenham and Crookham common. The 30 commoners of Crookham common have not had their rights extinguished but a the matter is still under discussion a said an mod spokes Man. The defense ministry took away the commoners rights under the defense act of 1854, which allows for no right of Appeal by the commoners a according to the ministry a interpretation said an mod spokesman. The ministry compensated the commoners but neither the spokesman nor Roy Swayne the commoners committee chairman would reveal the figure. Austin whose father is among the 34 commoners said the mod paid a total of 80,000 pounds about $138,400. Swayne said the Money has not been divided among the commoners yet. Commons again which formed in january 1989, had launched a previous Challenge in the High court in late 1990, but the Case was rejected because the court maintained the mod had not actually extinguished the rights said Austin. Any request for judicial review must be filed within three months of an action or decision. A a we re arguing that the actual payment of Cash is a big enough action a to file the Appeal said Austin who operates a Riding school near the base. A the rationale behind extinguishing the rights after a Long period of deliberation was that the site could be used for future defense needs a said the mod spokesman. Commoners rights could hamper such future use if required he said. The mod purchased the land occupied by the base in 1960 from Newbury Borough Council. The military presence at Greenham common has been a focus of political activity since the Early 1980s. Demonstrations often took place and peace activists camped on its perimeters during its tenure As a ground launched cruise missile base from july 1, 1982, to june 4 of this year. The current Campaign is to have the land returned to common land. Col. Sam Giammo a 3rd air Force spokesman said the . Air Force  comment because the Issue involves Only the Host nation government. A a that a a ministry of defense Issue. We Are merely the tenants of the base. It is a Royal air Force base a Giammo said