August 18, 2004
Re earlier post: Judge Jelderks rules in favor of scientists. See attorneys' statement and explanatory commentary.

From an AP report (registration):

A federal judge has decided to bar Northwest Indian tribes from further participation in the Kennewick Man lawsuit by ordering the case limited to government defendants and the scientists who went the court to study the ancient skeleton, attorneys said Wednesday.

[...]

U.S. Magistrate Judge John Jelderks, who has heard the case since it was filed, ruled Tuesday that any remaining legal action be limited to the anthropologists seeking to study the bones and government agencies involved in the case.

Alan Schneider, attorney for the anthropologists, said the only decision left is what kind of studies of the skeleton will be allowed, if no other challenges are filed.

But Rob Roy Smith, an attorney for the Nez Perce and other tribes, said additional legal action is being considered.

"We're obviously disappointed by Judge Jelderks' decision," Smith said. "He continues to alter cultural resource protection law."

Smith said the tribes believe they have standing to participate in any new phase of the trial to determine how the bones are studied.

UPDATE: Here's a link to the AP story that doesn't require registration.


Posted by Moira Breen at August 18, 2004 05:56 PM
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