Reveal Podcast: "A Baby Adopted, A Family Divided"

Date: August 23, 2025
Host: Al Letson
Reporters: Andrew Becker and Bernice Yeung
Episode Theme:
An in-depth investigation into the controversial adoption of a Native American girl by a powerful Utah family, exposing the complexities, legal and cultural failures, and generational trauma connected to the removal of Native children from their communities.

Episode Overview

This episode investigates how David Levitt—Utah County’s former top prosecutor—adopted a Native American child from the Northern Cheyenne reservation in Montana, raising questions about compliance with the Indian Child Welfare Act (ICWA). The story unfolds through the voices of the child’s birth family, legal experts, tribal officials, and adoption participants, revealing deep divides and systemic issues that continue to impact Native communities.

Key Discussion Points & Insights

1. Amy Herdy’s Discovery and Levitt’s Narrative

• Amy Herdy, journalist and filmmaker, stumbles onto the story while producing a documentary in Salt Lake City.
  • “It horrifies me that I have to talk to you… It horrifies me that this situation exists. It horrifies me that there’s a little girl who I don’t know if she’s okay because of how she was acquired.” (Amy Herdy, 01:35)
• Herdy learns of allegations that David Levitt “bragged” about taking a Native baby from a reservation at a dinner party (02:11).
• In an interview, Levitt details how he and his wife decided to adopt the child following family discussions about the baby’s struggling birth mother, Tona (05:47).
  • “We will do this on two conditions…that it can be a complete straight adoption…and that we walk in the front door of the tribe and they give us their blessing.” (David Levitt, 06:28)

2. The Buffalo Proposal and Tribal ‘Blessing’

• Levitt describes approaching the tribal president, Jace Killsback, and bizarrely proposing a buffalo export deal to Ukraine as a prelude to seeking his blessing for the adoption (07:58).
  • “I’m here for two reasons. The first…we want to adopt one of your people...we want your blessing…” (David Levitt, 08:38)
• Legal and tribal experts point out this ‘blessing’ was not legitimate, as the tribal president has no such authority and the process violated tribal and federal procedures (35:55, 36:10).

3. History and Purpose of ICWA

• Judge Bill Thorne, Native jurist with decades on state and tribal courts, explains the origins of ICWA:
  • “That’s what ICWA was designed to do, is connect them to family, community, their history... it’s the gold standard for all social work. We ought to be doing this for every kid.” (Judge Thorne, 13:06)
• ICWA requires courts to prioritize placing Native children with family, or other Native families, to protect against cultural loss (12:22-13:06).
• Despite federal acknowledgment of ongoing compliance failures, there is little data or accountability (13:18).
  • “To me, this seems symptomatic of the pre-ICWA days, where the idea was these kids would be better off away from their Indian families.” (Judge Thorne, 13:39)

4. The Birth Family’s Perspective

• Mary Grace Medicine Top (grandmother), formerly in an LDS placement program, recounts trauma from being separated from her own community (15:33).
• Darwin Fishing Hawk (uncle), Tona’s brother, highlights cycles of removal and the family’s desire to care for their own (18:41):
  • “You have to give us a right first to take care of our family. You cannot just take them from us.” (Darwin, 21:50)
• Mary and Darwin insist they were not consulted and objected to the adoption, representing much of the family’s and tribe’s feelings of disenfranchisement (21:56).

5. The Father’s Legal Struggles

• Gary Valenzuela (birth father), of Chumash heritage, tells of being excluded and ultimately stripped of rights by Utah courts, despite his efforts to claim his daughter and meet support obligations (26:03–28:18).
  • “If that's what you’re willing to do to give our daughter up, I will raise her.” (Gary Valenzuela, reading his reply, 28:18)
• Utah’s adoption laws, described as hostile to unwed fathers, and a controversial Supreme Court ruling prevent Gary from having standing (29:14–30:49).
  • “I think children are entitled to their families and if mom doesn’t want to raise the kids, okay. But dad should have an opportunity…” (Judge Thorne, 29:53)
  • “ICWA provided a mechanism…are you a danger to your children?...he’s entitled to have his interests and the child’s interests protected by the federal law.” (Thorne, 30:27)
• Legal experts believe ICWA should have applied, and the case should have stayed with the Cheyenne tribal court (32:05).

6. Misuse of a Tribal Letter and ‘Great Uncle’ Status

• Protest centers on a letter signed by the tribal president (after he left office and later convicted for unrelated embezzlement), used to falsely support Levitt’s claim of being a “great uncle” and thus given preference under ICWA (35:17).
  • “This should have never been made. I’ve never seen this before.” (Waylon Rogers, tribal council member, 35:17)
  • “Giving away a child is not one of [the tribal president’s] powers.” (Waylon Rogers, 35:55)

7. Reflections from Tona (Birth Mother)

• Tona describes post-partum struggles, insecurity, and David’s repeated requests to adopt her child. She resists initially, then relents as she feels increasingly unable to provide stability:
  • “Are you saying that my love isn’t good enough? You know, like, that I don’t love them? Because that's how it feels when you’re giving a baby adoption.” (Tona, 46:06)
• Ultimately, Tona asserts it was her choice, and she is grateful for the support; she maintains some limited, mediated contact with her daughter (47:41).

8. Adoption’s Impact and Tribal Response

• The Northern Cheyenne officials and community express deep loss; the removal is seen as another chapter in generational injustice (49:14):
  • “She’ll be lost. She is Cheyenne. She’ll grow up and she’ll know something’s wrong. They always do.” (Waylon Rogers, 49:14)
  • “A lot of our land and a lot of our children have been taken. And when they’re taken away, there’s always more problems…” (Waylon Rogers, 49:44)
• The case represents a broader failure of the legal system to uphold ICWA’s protections, perpetuating trauma (50:01).

Notable Quotes & Moments (with Timestamps)

• “It horrifies me that I have to talk to you. It horrifies me that this situation exists.” – Amy Herdy (01:35)
• “We had vowed that we would never adopt a Native American…And so did you mean to even adopt at all…?” – David Levitt and Amy Herdy (05:18)
• “I said…I’m here for two reasons…We want your blessing.” – David Levitt recounting his meeting with the tribal president (08:38)
• “That’s what ICWA was designed to do, is connect them to family, community, their history.” – Judge Bill Thorne (13:06)
• “To me, this seems symptomatic of the pre-ICWA days, where...these kids would be better off away from their Indian families.” – Judge Thorne (13:39)
• “You have to give us a right first to take care of our family. You cannot just take them from us.” – Darwin Fishing Hawk to David Levitt (21:50)
• “If mom doesn’t want to raise the kids, okay. But dad should have an opportunity…” – Judge Thorne (29:53)
• “This should have never been made. I’ve never seen this before.” – Waylon Rogers, upon seeing the tribal president’s letter (35:17)
• “She’ll be lost. She is Cheyenne. She’ll grow up and she’ll know something’s wrong. They always do.” – Waylon Rogers (49:14)
• “We are still a family. I still have that connection to her, but I wasn’t meant to be her mother.” – Tona (48:14)

Timestamps for Key Segments

• Introduction & Amy Herdy’s involvement: 01:14–05:08
• Levitt’s recounting and buffalo proposal: 06:28–08:38
• ICWA History & Judge Thorne: 10:02–13:39
• Birth family’s story & objections: 15:19–24:52
• Father’s legal battle loses out under Utah law: 25:51–32:05
• The ‘tribal blessing’ letter – its misuse and reaction: 34:25–36:10
• Levitt's defense & fallout: 37:39–41:14
• Tona’s account & her struggle: 42:35–47:41
• Tribal community’s response and loss: 48:51–50:01

Tone and Language

This episode maintains Reveal’s signature investigative rigor and empathetic storytelling. The reporters allow each voice—from the grandmother to the judge, the father, and even Levitt himself—to co-exist, laying bare the clash of personal, legal, and generational histories. The tone is at once infuriating and deeply human, capturing hurt, courage, and institutional indifference.

Conclusion

This investigation exposes how even well-intentioned people and powerful families can perpetuate long-standing harms when systems and laws like ICWA are circumvented, misunderstood, or exploited. The episode is a powerful call for honoring Native families’ sovereignty and reflects the continuing struggle to defend cultural identity and legal protections for Native children.