Post by Okwes on May 24, 2006 11:16:23 GMT -5
2 men say feathers are for ceremoniesBy Matt Krasnowski
www.signonsandiego.com/news/state/20060514-9999-1n14eagles.html
<http://www.signonsandiego.com/news/state/20060514-9999-1n14eagles.html>
May 14, 2006
LOS ANGELES – It was a crime that disturbed animal lovers and
confounded law enforcement.
Six years ago, two golden eagles and one bald eagle, all unable to fly,
were stolen from the Santa Barbara Zoo and probably killed. Spent shell
casings and feathers were found near their pens.
The investigation led to charges being filed that received little
notice. Two Southern California men were charged last year with
possession of bald and golden eagle feathers and parts, although there
is no evidence linking them to the thefts or eagle deaths. Federal
prosecutors say the men illegally possessed hundreds of feathers from
predatory birds.
In recent weeks, however, the criminal complaints have sparked a unique
court fight pitting environmental interests against religious freedom.
The two men say they are leaders in their respective Native American
churches and have ties to Indian tribes in Mexico. The men say that they
use the eagle feathers in religious services and that the criminal
charges violate federal law and their First Amendment rights to
religious freedom.
"They were given this impossible choice between practicing their
religion and breaking the law," said lawyer Kevin LaHue, who
represents Luis Manuel Rodriguez-Martinez, 31, of Desert Hot Springs.
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Rodriguez-Martinez said in court he was a "roadman" in a Native
American church, and his parents were members of the Huichol and
Tepehuano tribes in Mexico. As a roadman, he conducts prayer ceremonies
and uses feathers during religious rites.
Also charged is Mario Manuel Vasquez-Ramos, 27, of Long Beach, who says
he is a shaman of U.S. and Mexican tribal heritage and has been an
active member of the Native American Church Teokalli Quetzalcoatl since
1998.
Both men said in court papers they received the feathers as gifts at
ceremonial church gatherings.
The feathers are considered "transmitters" that allow ancient
spirits to communicate with ceremonial leaders, LaHue said. The feathers
also can be used to clean a person's aura or energy field, he added.
The two men deny any role in the Santa Barbara Zoo eagle theft, LaHue
said.
Assistant U.S. Attorney William Carter said a confidential informant had
implicated Rodriguez-Martinez, Vasquez-Ramos and an Arizona man in
connection with the April 2000 zoo theft. But a federal probe produced
no physical evidence linking them to it, and so far no one has been
charged in the theft.
Still, searches of their homes produced so many feathers that charges
were warranted, Carter said.
Under federal law, possession of the feathers is illegal – unless
you are part of a federally recognized tribe and use them for religious
ceremonies. If you qualify, you can receive the feathers from the
National Eagle Repository, which is responsible for storing and
distributing dead bald eagle and golden eagle parts.
"We think the distinction between their tribes and the (recognized)
tribes is unfair given the sincerity of their beliefs," LaHue said.
Prosecutors have disagreed. The 9th U.S. Circuit Court of Appeals ruled
on a similar case in 2002, finding that the government's interest in
protecting bald eagles justifies limiting the supply of eagle parts.
U.S. District Court Judge S. James Otero this month cited that decision
in rejecting defense requests to throw out the charges against
Rodriguez-Martinez and Vasquez-Ramos.
Since Otero did not rule in their favor, LaHue said, both men are
expected to plead guilty to the misdemeanor charges when they appear in
court May 26, but will appeal their cases to the 9th Circuit.
LaHue said that since the 2002 appellate court decision, a key ruling on
religious freedom has come from the U.S. Supreme Court.
In February, the justices ruled 8-0 that under the Religious Freedom and
Restoration Act exceptions to federal law for religious practices can be
made for individuals.
LaHue contends that under the Supreme Court decision Rodriguez-Martinez
and Vasquez-Ramos can argue that granting them access to the eagle
feathers for religious purposes does not harm the government's interest
in protecting eagles.
"The issue is not whether everyone can have access to eagle
feathers, but whether these two individuals can have access to eagle
feathers," LaHue said.
www.signonsandiego.com/news/state/20060514-9999-1n14eagles.html
<http://www.signonsandiego.com/news/state/20060514-9999-1n14eagles.html>
May 14, 2006
LOS ANGELES – It was a crime that disturbed animal lovers and
confounded law enforcement.
Six years ago, two golden eagles and one bald eagle, all unable to fly,
were stolen from the Santa Barbara Zoo and probably killed. Spent shell
casings and feathers were found near their pens.
The investigation led to charges being filed that received little
notice. Two Southern California men were charged last year with
possession of bald and golden eagle feathers and parts, although there
is no evidence linking them to the thefts or eagle deaths. Federal
prosecutors say the men illegally possessed hundreds of feathers from
predatory birds.
In recent weeks, however, the criminal complaints have sparked a unique
court fight pitting environmental interests against religious freedom.
The two men say they are leaders in their respective Native American
churches and have ties to Indian tribes in Mexico. The men say that they
use the eagle feathers in religious services and that the criminal
charges violate federal law and their First Amendment rights to
religious freedom.
"They were given this impossible choice between practicing their
religion and breaking the law," said lawyer Kevin LaHue, who
represents Luis Manuel Rodriguez-Martinez, 31, of Desert Hot Springs.
Advertisement
<http://oas.signonsandiego.com/RealMedia/ads/click_lx.ads/www.uniontrib.\
com/news/state/20060514-9999-1n14eagles.html/1449599238/x32/land_rover_3\
00x250_feb06/10-300x250_1.html/35333932303039323434363966626230>
Rodriguez-Martinez said in court he was a "roadman" in a Native
American church, and his parents were members of the Huichol and
Tepehuano tribes in Mexico. As a roadman, he conducts prayer ceremonies
and uses feathers during religious rites.
Also charged is Mario Manuel Vasquez-Ramos, 27, of Long Beach, who says
he is a shaman of U.S. and Mexican tribal heritage and has been an
active member of the Native American Church Teokalli Quetzalcoatl since
1998.
Both men said in court papers they received the feathers as gifts at
ceremonial church gatherings.
The feathers are considered "transmitters" that allow ancient
spirits to communicate with ceremonial leaders, LaHue said. The feathers
also can be used to clean a person's aura or energy field, he added.
The two men deny any role in the Santa Barbara Zoo eagle theft, LaHue
said.
Assistant U.S. Attorney William Carter said a confidential informant had
implicated Rodriguez-Martinez, Vasquez-Ramos and an Arizona man in
connection with the April 2000 zoo theft. But a federal probe produced
no physical evidence linking them to it, and so far no one has been
charged in the theft.
Still, searches of their homes produced so many feathers that charges
were warranted, Carter said.
Under federal law, possession of the feathers is illegal – unless
you are part of a federally recognized tribe and use them for religious
ceremonies. If you qualify, you can receive the feathers from the
National Eagle Repository, which is responsible for storing and
distributing dead bald eagle and golden eagle parts.
"We think the distinction between their tribes and the (recognized)
tribes is unfair given the sincerity of their beliefs," LaHue said.
Prosecutors have disagreed. The 9th U.S. Circuit Court of Appeals ruled
on a similar case in 2002, finding that the government's interest in
protecting bald eagles justifies limiting the supply of eagle parts.
U.S. District Court Judge S. James Otero this month cited that decision
in rejecting defense requests to throw out the charges against
Rodriguez-Martinez and Vasquez-Ramos.
Since Otero did not rule in their favor, LaHue said, both men are
expected to plead guilty to the misdemeanor charges when they appear in
court May 26, but will appeal their cases to the 9th Circuit.
LaHue said that since the 2002 appellate court decision, a key ruling on
religious freedom has come from the U.S. Supreme Court.
In February, the justices ruled 8-0 that under the Religious Freedom and
Restoration Act exceptions to federal law for religious practices can be
made for individuals.
LaHue contends that under the Supreme Court decision Rodriguez-Martinez
and Vasquez-Ramos can argue that granting them access to the eagle
feathers for religious purposes does not harm the government's interest
in protecting eagles.
"The issue is not whether everyone can have access to eagle
feathers, but whether these two individuals can have access to eagle
feathers," LaHue said.