11 Oct 26th–NOv 1st, 2023 phoenixnewtimes.com phoenix new Times | cONTeNTs | feeDBacK | OPiNiON | NeWs | feaTuRe | NighT+Day | culTuRe | film | cafe | music | (MMIP) movement. Moving the trial to Phoenix put finan- cial strain on the family, who needed lodging and transportation. The U.S. Department of Justice only reimburses the expenses of immediate family members, and Gomez and the Yazzie family felt that having only immediate family present at the trial would not be enough. “When you have people like the Yazzies who are living below or at the poverty line, how are they gonna pay for hotel rooms that are close to $200 a night?” Gomez asked. Fourteen of Yazzie’s family members also needed formal clothing for the three- week trial. And many took time off without being paid or used vacation time. “I know why a lot of (Missing and Murdered Indigenous Women and Relatives) victims or major crimes victims don’t show up for court — because you virtually have to be high middle class to pay for it,” Gomez said. In addition to helping the family over- come financial barriers, Gomez helped them understand the customs and proce- dures of a formal federal trial. In an effort that highlighted how culturally alienated Native Americans are from the U.S. justice system, the Yazzies had to learn when to sit down and stand up, whether they could look at the jury and judge, and when they could show emotion. They took steps to ensure the all-white jury would not be offended by their conduct, a kind of behavioral gymnastics Native Americans commonly feel necessary to perform when interacting with white people. But in the end, Gomez said having the family at the courthouse would make an impact on the jury. Rarely do such cases make it to trial, and even if they do, they often fade into oblivion. “For all these years, victims have been invisible. Even after this trial, we still are invisible,” Gomez said. “But luckily for this case, we were visible, and they listened to us and they saw that on any given day there were 10 people in that courtroom.” Indigenous women face higher rates of violence Violence against Native Americans, espe- cially women and nonbinary people often called “two-spirits,” is remarkably high. According to the Centers for Disease Control and Prevention, murder is a leading cause of death for Native Americans, especially women. Indigenous girls and women also are three times more likely to be murdered than white women. The staggering statistics led President Joe Biden to sign an executive order in 2021 aimed at “improving public safety Overall, more than 1.5 million American Indian and Alaska Native women have experienced violence in their lifetime, according to the U.S. Department of the Interior Indian Affairs. (Photo via Wikimedia Commons) and criminal justice for Native Americans and addressing the issues of missing or murdered indigenous people.” The order kicked off a national movement to hold the American justice system accountable for addressing the epidemic of murders and disappearances. Two years later, Gov. Katie Hobbs estab- lished the first MMIP task force in Arizona. “The establishment of this task force is just the first of many steps to stop the abuse, exploitation and violence against Indigenous peoples,” Hobbs said in a press release. “The recommendations made by this task force must be turned into mean- ingful reforms with pathways to justice for the missing and murdered.” The first meeting of an Arizona task force took place in May. While James’ conviction and Hobbs’ task force are major victories for MMIWR advocates, stopping violence against Indigenous people and getting justice for those taken from their loved ones is an overwhelming responsibility. Gomez said officials could learn from the successful prosecution of this trial, but she wished more of them attended the trial, including Navajo Nation police offi- cers and criminal investigators. “This was a monumental day for this family, and nobody came. Nobody came and sat through the trial,” she said. In Arizona, there have been at least 160 known homicides of Indigenous women from 1976 to 2018. Additional reporting by O’Hara Shipe. Costly Justice from p 9
