A self-proclaimed medicine man is accusing attorneys in Utah County, Utah, of suppressing evidence when they prosecuted him for possession of peyote.

James "Flaming Eagle" Mooney, the founder of his own Native American Church, was charged with using peyote without being a member of a federally recognized tribe. The Utah Supreme Court later threw out the charges because state law makes no mention of tribal enrollment.

Mooney claims the legal battle could have been avoided because a report identified him as a Native American Church leader. But the report actually came from a sheriff's deputy who investigated the case, the county attorney said.

In an agreement with federal prosecutors, Mooney and wife, also non-Indian, have agreed not to use or possess peyote until they become members of a federally recognized tribe or there is a change in law regarding their status.

Get the Story:
Mooney says office suppressed evidence (The Deseret Morning News 3/8)

Supreme Court Decision:
Gonzales v. UDV (February 21, 2006)

Utah Peyote Bill:
Controlled Substance Amendments (HB 60)

Related Stories:
Editorial: Supreme Court opens peyote to non-Indians (2/27)
U.S. Attorney drops peyote charges against couple (2/23)
High court scoffs at trust in religious rights case (2/22)
Bill to limit peyote to tribal members advances (2/8)
White 'wanna-be' Indians target of peyote bill (01/19)
Plea deal reached for peyote case in Utah (12/16)
Study finds no harmful effects of peyote use (11/04)
Distributors of peyote a dying breed in Texas (09/19)
Navajo Nation peyote bill signed into law (08/01)
Utah 'medicine man' won't be released from jail (06/29)
Utah 'medicine man' and wife called drug dealers (6/27)
'Medicine man' arrested, charged in peyote flap (6/24)
'Medicine man' claimed Indian heritage in his 40s (05/23)
Peyote seized from 'medicine man' in federal custody (05/06)
Utah man sues county for return of seized peyote (4/28)
Supreme Court takes drug case tied to peyote use (04/19)
Supreme Court reviews case compared to peyote (04/14)
Religious group wins case tied to peyote use (11/16)
Navajo Nation peyote, meth legislation on hold (11/11)
Navajo bill clarifies use of peyote on reservation (10/12)
U.S. may prosecute Native American Church figure (08/31)
Non-Indian peyote case could head to Supreme Court (08/16)
Ruling allows non-Indians to use peyote in Utah (06/23)
Utah Supreme Court hears arguments in peyote case (11/5)
Utah 'medicine' man at center of court battles (08/26)
Peyote limited to recognized U.S. Natives (5/7)
Peyote against tea dispute heats up (1/24)
Case compared to Native American Church (10/30)
Peyote use disputed in Utah (5/18)
Man prevented from using peyote (5/10)
'Medicine man' settles lawsuit (3/30)
Peyote: For Indians Only? (1/8)
Peyote raid raises questions (7/17)
The Peyote Exemption (7/17)
Police seize peyote (7/12)