In what is known as the Long Walk, thousands of Navajo people were forced to march 300 miles from eastern Arizona to Bosque Redondo in New Mexico in the fall of 1862 then made to walk back in 1868. Photo from National Archives and Records Administration
An Indian defendant can't blame "historical trauma" for the incriminating statements he gave in his criminal sexual abuse case, the 9th Circuit Court of Appeals ruled on Monday. Calvert Woody, a member of the Navajo Nation, convinced a federal judge to suppress the incriminating evidence because he said Indian people, in general, are more susceptible to coercion during questioning due to cultural differences and historical trauma. But the 9th Circuit reversed course said he never presented evidence that he suffered from historical trauma.
Indianz.Com SoundCloud: 9th Circuit Court of Appeals Oral Arguments in US v. Woody
The unpublished decision allows the use of the evidence that was solicited in interviews with the Federal Bureau of Investigation. Woody is facing two counts of abusive sexual contact and two counts of aggravated sexual abuse of a child Judge Morgan Christen agreed with the outcome but wrote separately to explain why the FBI's tactics make it difficult for Woody to make his case. The interviews in question were never recorded so she said the court lacked an understanding of the "totality of the circumstances surrounding his admissions." Turtle Talk has posted documents from the case, US v. Woody Get the Story:
Native ‘historical trauma’ not a factor (Capitol Media Services 6/16) 9th Circuit Court of Appeals Decision:
US v. Woody (June 13, 2016)
Join the Conversation
