Posted on 04/20/2004 12:08:23 PM PDT by blam
Scientists Win New Battle Over Skeleton
Tue Apr 20, 7:34 AM ET
PORTLAND, Ore. - Anthropologists seeking to study the ancient Kennewick Man skeleton scored another victory when the U.S. 9th Circuit Court of Appeals rejected a request by four Northwest tribes for a rehearing in the lengthy dispute.
Tribal lawyers sought to have the case reheard by the full court after a three-judge panel ruled in February that the tribes had no right to the 9,300-year-old remains under the Native American Graves Protection and Repatriation Act.
A brief order issued Monday by the court denied the request from the Nez Perce, Umatilla, Yakama and Colville tribes, who want to bury the remains without a scientific study.
The collection of 380 bones and bone fragments, which were found in July 1996 on the banks of the Columbia River in Kennewick, Wash., are being stored at the Burke Museum in Seattle.
Alan L. Schneider, a Portland lawyer representing the scientists, said his clients were pleased with the court's decision.
The tribes and the U.S. Justice Department have 90 days to appeal the case to the U.S. Supreme Court.
Rob Roy Smith, a Seattle lawyer for the tribes, told The Oregonian that his clients "are clearly disappointed. This case has dealt a staggering blow to the tribes' ability to protect their cultural properties." Smith added that no decision has been made whether to appeal to the Supreme Court.
The February ruling, written by Judge Ronald M. Gould, upheld a 2002 decision by Magistrate John Jelderks of the U.S. District Court in Portland that the scientists can study the remains.
Isn't this the goofy court? Evidence must have been overwhelming. Happy it turned out this way though
That's it. The scientists were struggling seriously until the Smithsonian added their support and prestige to the case. Thank a guy named Outsley...I believe it was.
Ousley, Steve D. "Relationships between Eskimos, Indians, and Aleuts: Old Data, New Perspectives." Human Biology 67 (1985):427-458.
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