Friday, Feb. 21, 2003

Court blocks study of bones pending appeal

By The Associated Press

PORTLAND - Eight anthropologists who want to study an ancient skeleton must wait until a federal court has heard an appeal of the case by four Northwest tribes that consider the bones sacred.

The 9th U.S. Circuit Court of Appeals' decision, made last week, prevents any study of the 9,300-year-old skeleton known as Kennewick Man, which scientists have sought to examine since 1996.

Attorneys for the Colville, Nez Perce, Umatilla and Yakama tribes recently filed a motion with the court saying that the study would "irreparably harm the tribes' ownership and property interest in the remains" and would result in destruction of the bones "in both the physical and spiritual senses."

They filed the motion after U.S. Magistrate John Jelderks in Portland rejected their request to delay the study. Jelderks ruled last August that the scientists could study the remains.

The appeals court also said it was expediting hearing the case, with arguments by tribal and Justice Department attorneys due by mid-March and the scientists' arguments due by mid-April.

"While the grant of this motion is far from victory in this case, it is a vindication that our interests are not strictly 'religious' as characterized by Magistrate Jelderks," the Confederated Tribes of the Umatilla Indian Reservation said in a statement.

Paula Barran and Alan Schneider, Portland attorneys representing the scientists, said they were disappointed by the ruling, but were glad the case was on a fast track.

The anthropologists sued the government after the Army Corps of Engineers rejected their request to study the skeleton found in 1996 on the banks of the Columbia River in Kennewick.

The tribes want to bury the bones of the man who they refer to as "the Ancient One."

The remains are being stored at the Burke Museum in Seattle.