indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines

Printer friendly version
Appeals court asked to stop Kennewick Man tests
THURSDAY, JANUARY 23, 2003

Four Pacific Northwest tribes have asked a federal appeals court to halt studies of a 9,000-year-old man pending a full review of the controversial case.

The Nez Perce, Umatilla, Colville and Yakama tribes filed a motion last week with the 9th Circuit Court of Appeals. They are challenging a federal judge's decision to allow a group of scientists to examine the remains of Kennewick Man, whom they consider an ancestor.

U.S. Magistrate John Jelderks already ruled that the tribes don't have a right to rebury Techaminsh Oytpamanatityt, or the Ancient One. But earlier this month, he also said he wouldn't stop a series of tests that the scientists want to perform even though the tribes and the Bush administration have appealed.

"Under these circumstances, the scope of the potential harm to the tribal claimants is limited," he wrote on January 8. "On the other hand, granting a stay would inevitably result in some significant injury to the plaintiff scientists, who have already waited many years for the opportunity to study the remains."

The Confederated Umatilla Tribes of Oregon disputed Jelderks' reasoning. In a statement, the tribes said Kennewick Man has already suffered "senseless destruction" since he was uncovered in 1996.

"Each additional time the remains are handled, the skeleton is at risk of cracking, breaking and disintegrating," the statement read.

Last fall, the scientists submitted a plan to Jelderks that calls for a research team of of 24 scientists and experts from 14 universities, institutions and technical consulting companies to study Kennewick Man. They proposed a series of tests "to develop a better understanding" of his identity, including whether he is different from modern Native Americans.

That issue has been a central one in the ongoing dispute. In agreeing to repatriate the remains to the tribes, former Interior Secretary Bruce Babbitt considered them to be Native American but Jelderks last August said that decision was wrong.

"The Secretary erred in defining 'Native American' to automatically include all remains predating 1492 that are found in the United States," he wrote.

According to the plaintiffs, their tests will involve a "miniscule" sample of Kennewick Man's bones, about 1 to 3 grams. "The microsamples will be so small they will not affect the appearance or structural integrity of any bone that is sampled," a summary of the plan states.

In contrast, the scientists say the U.S. Army Corps of Engineers took 50 grams of bone when it conducted radiocarbon and DNA tests on the remains. The DNA tests were inconclusive.

Under the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990, tribes, American Indians, Alaska Natives and Native Hawaiians can reclaim their cultural property and remains of their ancestors. The law has resulted in the return of thousands of artifacts, items and remains from government and other institutions.

Relevant Documents:
Jelderks Denies Motion for Stay Pending Appeal (January 8, 2003)

Relevant Links:
Kennewick Man, Department of Interior - http://www.cr.nps.gov/aad/kennewick
Friends of America's Past - http://www.friendsofpast.org
Kennewick Man Virtual Interpretive Center, The Tri-City (Washington) Herald - http://www.kennewick-man.com

Related Stories:
Judge clears way for Kennewick Man tests (01/09)
DOJ files notice of Kennewick appeal (10/30)
Kennewick Man battle heats up (10/29)
Tribes join Kennewick Man case (10/23)
Tribes seek to protect NAGPRA (10/23)
Judge allows Kennewick Man appeal (10/22)
Still no Kennewick Man appeal (10/18)
Editorial: Let's study Kennewick Man (10/02)
DOI mum on Kennewick Man appeal (10/1)
Opinion: Don't appeal Kennwick ruling (10/1)
Tribes seek Kennewick Man appeal (9/27)
Editorial: Don't appeal Kennewick ruling (09/17)
Opinion: Don't appeal Kennewick ruling (9/9)
John Potter: Mad about Kennewick Man (9/9)
Shame on Kennewick Man judge (9/6)
Opinion: Kennewick Man belongs to all (9/5)
Editorial: DOI blew it on Kennewick Man (9/5)
Scientists prepare Kennewick plan (9/4)
Judge won't repatriate Kennewick Man (9/3)
An ancient Indian trust debacle (9/3)
Judge readies decision in Kennewick Man case (6/21)
Norton treads uncharted waters over remains (4/11)
Kennewick Man to go to tribes (09/26)
Leaders discuss NAGPRA (7/27)
Yakama Nation files Kennewick Man suit (6/01)
Kennewick testing to begin (4/24)

Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Oglala Sioux Tribe battles uranium mine (4/18)
Clara Caufield: BIA audits Northern Cheyenne police force (4/18)
10th Circuit affirms conviction for murder of Arapaho man (4/18)
Jay Daniels: Cobell settlement was flawed from beginning (4/18)
Dwanna Robertson: Muscogee Nation returns to homeland (4/18)
Peter d'Errico: Washington team makes colonial invasion (4/18)
Northern Arapaho Tribe receives $157M trust settlement (4/18)
Agua Caliente Band leaseholders seek $7M in tax refunds (4/18)
Oneida Nation sends $11M to county as part of settlement (4/18)
JPR: Klamath Tribes want Congress to approve water deal (4/18)
Judge dismisses Mashpee Wampanoag Tribe election suit (4/18)
ASU News: Navajo students enjoy learning their language (4/18)
Former NFL player jailed for DUI on Salt River Reservation (4/18)
BIA advances off-reservation casino projects in California (4/18)
Tunica-Biloxi Tribe reportedly operating casino at net loss (4/18)
Cherokee Nation to break ground on new hotel with casino (4/18)
Shoshone-Bannock Tribes not planing to offer poker games (4/18)
Arizona tribes close to $1B mark in gaming revenue sharing (4/18)
Group opposes Catawba Nation casino bid in North Carolina (4/18)
Native Sun News: Guilty verdict in death of Lower Brule boy (4/17)
Native Sun News: Paper brings home four first place awards (4/17)
Doug George-Kanentiio: Governor carries on divisive tactics (4/17)
Navajo president criticizes NIGA for withdrawing from event (4/17)
Crystal Willcuts: NFL trickster speaks with a crooked tongue (4/17)
Opinion: NFL team owner flashes money to defend racial slur (4/17)
Ten reservations account for biggest share of Cobell buyback (4/17)
Rosebud Sioux Tribe opposes megaloads through reservation (4/17)
Indian artists seek more control over popular annual market (4/17)
Panel to look into death of pregnant Indian woman in Mexico (4/17)
Lynn Valbuena returns to chairman post at San Manuel Band (4/17)
Yale University museum accused of stealing Tlingit artifacts (4/17)
Navajo Nation Council speaker still on leave amid court fight (4/17)
BIA asked to invalidate Shinnecock Nation's new constitution (4/17)
Onondaga Nation is negotiations over tobacco taxation issue (4/17)
Sen. Warren addresses Native American controversy in book (4/17)
Race relations council looking to boost efforts in border town (4/17)
Opinion: Federal recognition for Virginia tribes long overdue (4/17)
Opinion: University must eventually eliminate Ute nickname (4/17)
Appeals court in Canada rules for Metis in Indian status caes (4/17)
9th Circuit hears dispute over Redding Rancheria gaming site (4/17)
Coeur d'Alene Tribe set to launch new poker games on May 2 (4/17)
Judge hears arguments in lawsuit against Jamul Band casino (4/17)
Opinion: Poarch Creeks qualify for Class III gaming in Florida (4/17)
Opinion: Gaming interests prepare for next attack on Florida (4/17)
Native Sun News: Little Shell Tribe gets closer to recognition (4/16)
Native Sun News: Pine Ridge fighter prepares for next match (4/16)
Letter from Cobell attorneys on second settlement payment (4/16)
Cobell settlement administrator responds to payment delay (4/16)
Secretary Jewell to deliver commencement address at SIPI (4/16)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.