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The complaint levels disturbing allegations against Daniel Joshua Madalena, a noted potter and former governor of Jemez Pueblo — a sovereign Indigenous community at the foot of Redondo Peak about 50 miles west of ·è¿ÍÖ±²¥ Fe. It accuses Madalena of sexually assaulting a girl at least twice when she was between 7 and 9 years old.

The New Mexican's attempts to reach Madalena for comment were unsuccessful.

An employee who answered a phone at the Jemez Pueblo government offices Feb. 14. asked The New Mexican to delay reporting on the complaint to give tribal officials time to consult with one another and "at least communicate with Mr. Madalena" before making a statement.

"As a tribe, anything like this affects every single one of us, and that's the reason we want to take that extra precaution, to at least discuss it and then we can be in touch with you," the woman said. 

The New Mexican agreed and received a call Thursday from 2nd Lt. Gov. Matthew Gachupin saying the tribe will not comment on the allegations because a related case is pending in the Jemez Pueblo Tribal Court.

While Gachupin did not provide details of the tribal court case, the lawsuit says Madalena was charged last year with two child sex counts. The case was handed to the FBI, which failed to pursue it, the suit states.

According to various online sources, Madalena served at least three one-year terms as governor of the pueblo — in 2010, 2012 and 2014.

The lawsuit, which accuses the federal agencies of negligence and seeks and an unspecified amount in damages, says the alleged abuse occurred between 2015 and 2019.

"Madalena entered Jane Doe's bedroom at night and sexually abused her," the complaint alleges. "Out of fear, Jane Doe feigned sleep during Madalena's sexual abuse."

The lawsuit also accuses Madalena of "verbally, physiologically and emotionally" abusing the girl's mother.

"Jane Doe was fearful of Madalena and felt unsafe at home," the lawsuit says, alleging civil, political and religious power within the tribe "made it extremely difficult, if not taboo," for her to report the abuse.

Instead, the lawsuit says, the girl turned to using cannabis to relieve her distress and anxiety. She was caught smoking on the school bus in March 2023, and then disclosed to Jemez Pueblo police officers her allegations of abuse by Madalena and said she was afraid he would come to her home.

"Madalena's presence is pervasive," which isolates the mother and daughter from their community, the lawsuit states.

Madalena was charged June 3 in Jemez Pueblo Tribal Court with two counts of sexual contact of a minor, according to the complaint — but because the Indian Civil Rights Act limits the pueblo's ability to prosecute crime, the charge would have been considered a misdemeanor, punishable by only one year of incarceration. Officials instead turned the case over to the FBI.

An "unknown FBI Agent" arranged a forensic interview with the girl but didn't help her or her mother access the services she "desperately needed as a victim of sexual assault, exacerbating her trauma," the suit says.

An FBI spokesperson declined to comment on the lawsuit.

"The United States Attorney and employees of the FBI owed Jane Doe a duty to coordinate with the Pueblo of Jemez law enforcement officials or justice officials and breached their duty to coordinate because they have — for more than 670 days — withheld critical evidence collected during Jane Doe’s forensic interview," the lawsuit alleges.

"The Unknown FBI Agent terminated the investigation without referral for prosecution, or the United States Attorney declined prosecution of the case," according to the complaint, which accuses the agencies of breaching the federal government's duty to tribal communities classified as "domestic dependent nations."

Alexander Uballez, the former U.S. attorney for the District of New Mexico, stepped down earlier this week at the request of President Donald Trump, according to previous reports.

A spokesperson for the office issued a statement on the complaint: "We understand the sensitive nature of cases involving violent crime in Indigenous communities, and the U.S. Attorney's Office is committed to thoroughly reviewing all reports," it said. "While privacy concerns and legal restrictions prevent us from commenting on the specifics of any particular case, we value our partnerships with tribal law enforcement and remain dedicated to working together to promote public safety and seek justice."

The lawsuit accuses the federal government of systemic bias against Indigenous women, citing a National Institution of Justice study that found low rates of prosecution of violent crimes. While 56.1% of Indigenous women have experience sexual violence, the study found, the U.S. Attorney's Office declines to prosecute 52% of violent crime cases in Indian Country, including 67% of sexual abuse cases.

"The negligence of the United States in Jane Doe’s case is part of an enduring history of discrimination, neglect, and indifference toward Indigenous Women," the lawsuit says. "This systemic bias, born of racial prejudice and gendered violence, highlights a longstanding failure by federal law enforcement."