Post by Okwes on Nov 27, 2006 11:47:54 GMT -5
Judge dismisses charges for shooting bald eagle
By The Associated Press
www.billingsgazette.net/articles/2006/11/10/news/wyoming/45-
balde\
agle.txt
<http://www.billingsgazette.net/articles/2006/11/10/news/wyoming/45-
bald\
eagle.txt>
CHEYENNE - Saying the federal government pays mere lip service to
respecting the religious beliefs of American Indians, a federal judge
in
Wyoming recently dismissed criminal charges against a Northern Arapaho
man who shot a bald eagle last year for use in his tribe's Sun Dance.
Lawyers for American Indian groups say the order by U.S. District
Judge
William F. Downes should prompt the federal government to streamline
its
program of parceling out dead eagles and eagle feathers to American
Indians. And they say it should prompt federal officials to begin a
serious dialogue with tribes about allowing tribal members to kill
some
birds for religious purposes.
Federal officials, however, filed notice this week that they intend to
appeal the judge's order.
Downes on Oct. 13 dismissed the charge against Winslow Friday, 22, of
Ethete on the Wind River Indian Reservation in central Wyoming, home
to
both the Northern Arapaho and Eastern Shoshone tribes. He had been
charged with killing a bald eagle with a rifle in March 2005 on the
reservation. Downes dismissed the charge after lawyers
for Friday and his tribe argued that the U.S. Fish and Wildlife
Service
generally refuses to grant permits allowing tribal members to kill
eagles, even though federal regulations say such permits should be
available.
"Although the government professes respect and accommodation of the
religious practices of Native Americans, its actions show callous
indifference to such practices," Downes wrote. "It is clear to this
court that the government has no intention of accommodating the
religious beliefs of Native Americans except on its own terms and in
its
own good time."
Friday said in a telephone interview with The Associated Press that he
had no regrets about killing the bird.
"I'm going to say no, because of what I did with the bird," said
Friday,
who could have been sentenced to up to a year in jail and a $100,000
fine if convicted. "I participated in our Sun Dance. No, because that
made me feel good in my heart."
Friday said he considered accepting a plea bargain for a $5,000 fine
and
two years probation, but rejected the offer on the advice of his
tribe's
spiritual leaders. "So I listened to them," he said. "To me, they
already knew that it was going to be good for me."
Friday said he's heard complaints from other American Indians about
the
slow process of applying to receive dead eagles from the federal
repository in Colorado, which allocates the remains of eagles often
killed by cars or power lines. He said a friend received a bird from
the
repository that was in such poor condition it couldn't be used in
ceremonies.
"The way it was told to me, the eagle takes the prayers that we have
here, takes them up to the creator, God, however you want to put
that,"
Friday said. "That's one main reason that we believe in it so much, it
does that. It's an offering _ you want it to be nice."
Dominic Domenici, Fish and Wildlife Service resident agent in charge
for
Wyoming and Montana, said in a telephone interview last month that he
would urge the Justice Department to appeal Downes' ruling. He said he
knows few eagle kill permits have been issued in the Southwest, and he
knows of none in Wyoming _ but he also said he doesn't know of any
Wyoming Indians applying.
While Domenici said he doesn't believe Downes' ruling declares an open
season on eagles, he said, "I think some people will draw that
conclusion from it."
Matt Mead, the U.S. attorney for Wyoming, said last month that his
office was working with the officials in Washington to determine how
to
respond to Downes' ruling. "We respectfully are concerned about it,"
he
said.
Mead's office filed notice Wednesday that it will ask a federal
appeals
court in Denver to review Downes' ruling. Attempts to reach Mead on
Thursday and Friday were unsuccessful.
Since Downes dismissed the charges against Friday, the Northern
Arapaho
Tribe _ which was allowed to join the case on Friday's behalf _ has
written repeatedly to the U.S. Fish and Wildlife Service, asking about
getting permits allowing the tribe to take eagles for use in its
ceremonies.
Lander attorney Chris Schneider represents the tribe. He said Friday
that federal officials have said they will meet with tribal officials
after Thanksgiving to talk about tribe's desire for permits to take
eagles.
Schneider said that while charges were pending against Friday, he
called
U.S. Fish and Wildlife Service offices in Wyoming and Colorado to ask
how American Indians could get permits to kill eagles, but was told
that
such permits didn't exist.
In the tribe's brief, Schneider wrote that to charge Friday with
taking
an eagle without a permit when such permits don't exist defies logic
and
effectively prohibits Friday's free exercise of religion.
Schneider's filing included evidence that more than 5,000 American
Indians are on the waiting list to get an eagle from the federal
repository and that the waiting period is about 3 1/2 years.
Steve Moore, senior staff attorney with the Native American Rights
Fund,
in Boulder, Colo., said his office has known for some time that tribal
members are frustrated with the procedure for getting birds and
feathers.
"The system is broken and it needs to be fixed," Moore said. "It's
been
broken for quite a while."
By The Associated Press
www.billingsgazette.net/articles/2006/11/10/news/wyoming/45-
balde\
agle.txt
<http://www.billingsgazette.net/articles/2006/11/10/news/wyoming/45-
bald\
eagle.txt>
CHEYENNE - Saying the federal government pays mere lip service to
respecting the religious beliefs of American Indians, a federal judge
in
Wyoming recently dismissed criminal charges against a Northern Arapaho
man who shot a bald eagle last year for use in his tribe's Sun Dance.
Lawyers for American Indian groups say the order by U.S. District
Judge
William F. Downes should prompt the federal government to streamline
its
program of parceling out dead eagles and eagle feathers to American
Indians. And they say it should prompt federal officials to begin a
serious dialogue with tribes about allowing tribal members to kill
some
birds for religious purposes.
Federal officials, however, filed notice this week that they intend to
appeal the judge's order.
Downes on Oct. 13 dismissed the charge against Winslow Friday, 22, of
Ethete on the Wind River Indian Reservation in central Wyoming, home
to
both the Northern Arapaho and Eastern Shoshone tribes. He had been
charged with killing a bald eagle with a rifle in March 2005 on the
reservation. Downes dismissed the charge after lawyers
for Friday and his tribe argued that the U.S. Fish and Wildlife
Service
generally refuses to grant permits allowing tribal members to kill
eagles, even though federal regulations say such permits should be
available.
"Although the government professes respect and accommodation of the
religious practices of Native Americans, its actions show callous
indifference to such practices," Downes wrote. "It is clear to this
court that the government has no intention of accommodating the
religious beliefs of Native Americans except on its own terms and in
its
own good time."
Friday said in a telephone interview with The Associated Press that he
had no regrets about killing the bird.
"I'm going to say no, because of what I did with the bird," said
Friday,
who could have been sentenced to up to a year in jail and a $100,000
fine if convicted. "I participated in our Sun Dance. No, because that
made me feel good in my heart."
Friday said he considered accepting a plea bargain for a $5,000 fine
and
two years probation, but rejected the offer on the advice of his
tribe's
spiritual leaders. "So I listened to them," he said. "To me, they
already knew that it was going to be good for me."
Friday said he's heard complaints from other American Indians about
the
slow process of applying to receive dead eagles from the federal
repository in Colorado, which allocates the remains of eagles often
killed by cars or power lines. He said a friend received a bird from
the
repository that was in such poor condition it couldn't be used in
ceremonies.
"The way it was told to me, the eagle takes the prayers that we have
here, takes them up to the creator, God, however you want to put
that,"
Friday said. "That's one main reason that we believe in it so much, it
does that. It's an offering _ you want it to be nice."
Dominic Domenici, Fish and Wildlife Service resident agent in charge
for
Wyoming and Montana, said in a telephone interview last month that he
would urge the Justice Department to appeal Downes' ruling. He said he
knows few eagle kill permits have been issued in the Southwest, and he
knows of none in Wyoming _ but he also said he doesn't know of any
Wyoming Indians applying.
While Domenici said he doesn't believe Downes' ruling declares an open
season on eagles, he said, "I think some people will draw that
conclusion from it."
Matt Mead, the U.S. attorney for Wyoming, said last month that his
office was working with the officials in Washington to determine how
to
respond to Downes' ruling. "We respectfully are concerned about it,"
he
said.
Mead's office filed notice Wednesday that it will ask a federal
appeals
court in Denver to review Downes' ruling. Attempts to reach Mead on
Thursday and Friday were unsuccessful.
Since Downes dismissed the charges against Friday, the Northern
Arapaho
Tribe _ which was allowed to join the case on Friday's behalf _ has
written repeatedly to the U.S. Fish and Wildlife Service, asking about
getting permits allowing the tribe to take eagles for use in its
ceremonies.
Lander attorney Chris Schneider represents the tribe. He said Friday
that federal officials have said they will meet with tribal officials
after Thanksgiving to talk about tribe's desire for permits to take
eagles.
Schneider said that while charges were pending against Friday, he
called
U.S. Fish and Wildlife Service offices in Wyoming and Colorado to ask
how American Indians could get permits to kill eagles, but was told
that
such permits didn't exist.
In the tribe's brief, Schneider wrote that to charge Friday with
taking
an eagle without a permit when such permits don't exist defies logic
and
effectively prohibits Friday's free exercise of religion.
Schneider's filing included evidence that more than 5,000 American
Indians are on the waiting list to get an eagle from the federal
repository and that the waiting period is about 3 1/2 years.
Steve Moore, senior staff attorney with the Native American Rights
Fund,
in Boulder, Colo., said his office has known for some time that tribal
members are frustrated with the procedure for getting birds and
feathers.
"The system is broken and it needs to be fixed," Moore said. "It's
been
broken for quite a while."
