Friday, Sep. 10, 2004

Tribes try again to control Kennewick Man bones

By Chris Mulick, Herald Olympia bureau

Native American tribes that sought control of the ancient Kennewick Man remains are asking a federal court to grant them full party status with the government and scientists negotiating a plan to study the bones.

"This is a wholly different phase of litigation," said Rob Roy Smith, an attorney for the Confederated Tribes of the Colville Indian Reservation.

The scientists and the government have yet to agree on a plan outlying the series of tests that would be conducted on the 9,300-year-old bones.

Though they disagree with it, the tribes accept the 9th Circuit Court of Appeals' decision that the remains are not unequivocally Native American as defined under the Native American Graves Protection and Repatriation Act and that some tests will be conducted.

But they believe a lesser burden of proof documenting religious and cultural interest under other sections of law give them the legal standing to help guide the study process. If their oral histories and beliefs were not enough to get the remains conclusively declared to be Native American, "there is certainly evidence of a great connection," Smith said. "The standard is much lower now."

Alan Schneider, an attorney for the scientists, said it appears the tribes simply are using other legal means to achieve their original objective, to prevent testing and gain possession of the remains.

"We're eight years down the road here," Schneider said. "If they felt they needed to be parties to the case, they should have joined eight years ago."

The tribes participated in the original lawsuit as "friends of the court" but not as a full party.

Smith said the tribes hope to prevent certain specific study activities that would destroy the bones.

"We're concerned that any repeated handling by multiple scientists may cause erosion," he said.

The tribes also want certainty that the bones, now stored in the Burke Museum in Seattle, would be returned to them for burial when the studies are finished. Otherwise, they worry "any number of people may petition the court to have access to the remains," Smith said.