I set aside the decision awarding the remains to the tribal claimants, enjoin transfer of the. The kennewick man case court documents opinions and orders judge jelderks letter to counsel. New radiocarbon dates confirmed the skeletons age, but attempts at three labs to conduct dna tests of bone samples were unsuccessful. The judicial decisions in kennewick address important questions about determining native american status. On august 30, 2002, justice john jelderks, justice magistrate of the united states district court in portland, oregon, handed down a decision in the ownership of kennewick man case. In julythe national parks service presented a series kennewick nondestructive studies on i the initial skeletal assessment of the kennewick remains, ii the osteological assessment of the skeleton, iii an analysis of the. Decision establishes an important road map for other courts regarding the disposition of human remains and cultural objects from great antiquity. An anthropological perspective on magistrate jelderks kennewick man decision peter jones and darby stapp. Jan 07, 2006 jelderks noted today there was no story in the tribes oral traditions that would specifically identify kennewick man as an ancestor. Jelderks decision has only set the stage for another round of debate. The kennewick man finally freed to share his secrets. Scientists win latest ruling in kennewick man case. On december 5, 2008 appellant requested a telephonic hearing before an owcp hearing representative, which was held on march 25, 2009.
Law and bones and what the meaning of is is, steve russell 10. The ancient one kennewick man in 1996, a set of human remains was found in the columbia river in the state of washington in the northwestern united states. District court judge jelderks that the remains could not be. As of april 19, 2004, the 9th circuit court of appeals upheld an earlier decision by u. In this paper we present our perspective on the kennewick man case as anthropologists with expertise in archaeology, pacific northwest precontact. In this paper, we present our perspective on the kennewick man case as anthropologists with expertise in archaeology, pacific northwest precontact history. United states department of labor employees compensation. Regardless of the courts decision on the scientists right to study kennewick mans remains, the asatru folk assembly will fight vigorously to see that stateoftheart genetic tests not an arbitrary and possibly unconstitutional federal law define his relationship to modern man, says mcnallen. Procedure kennewick school district and janice brinsonwagner each appealed, in separate cases, biias decision to. City herald 2002a the associated press tribes try to appeal ruling on kennewick man bones. During the trial, the presiding magistrate judge, john jelderks, had noted f. Kennewick man case he also man that nagpra did not preclude scientific study of skeletal remains in order to determine affiliation where a concern about the attribution of. Jelderks agreed and ordered the decision be reassessed. Kennewick man caught in catch22 archaeology magazine archive.
The scientists were given limited and strictly scheduled access to the remains in 2005 and 2006. The jelderks decision regarding kennewick man indicates that legal determinations may be made at odds with common cultural per spectives concerning whether human remains can be believed to be native american. In a hearing held june 2 in portland, oregon, magistrate judge john jelderks denied both the scientists motion to permit. Jones and darby stapp 9th circuits decision on the kennewick man appeal darby stapp and peter n.
Judge jelderks criticized the interior departments decision to return the remains to native groups for reburial, stating that it had failed to articulate a satisfactory explanation for its action, had flawed procedure, and had prematurely decided the issue. Magistrate judge john jelderks issued a ruling allowing archaeologists and other scientists to study the set of 9,000yearold human remains of the individual who has become known as kennewick man. Kennewick man perspectives on the ancient one heather edt smith, claire edt lippert burke. Boys seeking to avoid paying the admission fee to the event evaded the official barricade by wading through mud and reeds along the rivers bank. Judge lets scientists study kennewick man skeleton for. We believe this development will have implications for other legal issues related to identity in living and past peoples. District judge john jelderks disagreed with babbitts decision and wrote that, in 20,000 pages of records, he found no evidence that proved kennewick man is native american under. His decision advances a skewed analysis of nagpra cultural affiliation claims that hinders tribal rights and serves as a deterrent for meaningful governmenttogovernment consultations between sovereign tribes and their trustee. Sep 01, 2002 portland, ore, federal judge john jelderks orders government to allow scientists to study bones of kennewick man, ancient skeleton discovered along banks of columbia river that scientists say. Feb 05, 2004 scientists can study the kennewick man 9,300yearold remains found in washington state despite the objections of some american indian tribes, a federal appeals court ruled wednesday. Magistrate john jelderks overturned a decision by theninterior secretary bruce babbitt to return the 9,000yearold bones to the tribes for reburial the tribes claim the. Apr 14, 2005 an anthropological perspective on magistrate jelderks kennewick man decision high plains applied anthropologist, vol. Unfortunately, in april 19, 2004 the ninth circuit court of appeals upholds us district court judge jelderks earlier decision that it cannot be identified as a native american under nagpra law.
The force and thoroughness of jelderks s decision make. The federal government, jelderks wrote, failed to consider all the relevant factors, had acted. Jelderks 2002 decision ruled in favour of the scientists, but that decision has recently been appealed tri. Chambers of john jelderks united states magistrate judge. The kennewick man decision is a double blow to native americans. The scientific investigation of an ancient american. This has come with years of back and forth between scientists and. Specifically, judge jelderks held that the kennewick man remains must be. Magistrate john jelderks of oregon blasted babbitts decision as unfounded. The tricity herald reported that jelderks asked lawyers for both sides to pre. Indians have the states highest poverty rate, more than 29 percent, and 89 percent live in three cities. Versandfertig innert 6 9 werktagen versandkostenfrei. In a 73page decision, jelderks roundly criticized the decision by former interior secretary bruce babbitt to give the remains to indian tribes for reburial. Judge jelderkss decision available online at found that the.
Magistrate john jelderks opinion in august 2002, that kennewick man is not native american under the native american graves protection and repatriation act nagpra, will likely have far. Discovery of kennewick man on july 29, 1996, the water folies hydroplane race was being held in lake wallula, on the columbia river behind mcnary dam in kennewick, washington. Magistrate john jelderks of oregon refused to allow five tribes to take possession of kennewick man, named for the location in washington state where he was found six years ago. One of the high profile cases that he handled during his tenure was bonnichsen v. Jelderks was born, raised and educated through law school at willamette university in salem, and worked as a district attorney in salems marion county. Reflection on jeldreks judicial decision and the ninth. United states, which determined the legal ownership, and disposition of, ancient human remains found near kennewick. Tugofwar continues over ancient bones high country news. Jelderks gave given the national parks service until 24th march to make a decision on the repatriation of the bones. And so the bizarre odyssey of kennewick man continues. The force and thoroughness of jelderks s decision make it unlikely that it will be overturned on appeal. Magistrate john jelderks opinion in august 2002, that kennewick. Jul 05, 2014 unfortunately, in april 19, 2004 the ninth circuit court of appeals upholds us district court judge jelderks earlier decision that it cannot be identified as a native american under nagpra law.
New nation news kennewick man asatru press releasese. Kennewick man, the native american graves protection and repatriation act, and the wac. As anthropologists with backgrounds in american indian studies and american archaeology, we have a particular interest in this case. Interior secretary bruce babbitt to turn over the remains to northwest tribes without a study. Jelderks agreed and ordered the corps to reassess its decision. After a projectile point was found embedded in the pelvis, the bone was sub jected to radiocarbon dating and returned an age of about 9,000 years.
See letter from john jelderks, united states magistrate judge, to counsel, bon. The corps turned the decision making over to the interior department, which conducted a few scientific tests of its own. Jones an anthropological perspective on magistrate jelderks kennewick man decision, peter n. Due to this, the remains of kennewick man were still at the control of us army corps of engineers allowing plaintiffs scientific remains study to take. A judges ruling giving kennewick mans skeleton to scientists for study. Federal judge john jelderks ruled last week that the government must allow scientists to study the remains of kennewick man, a skeletonfound on the columbia river that could offer clues about the earliest americans. In refusing to rule on the case now, jelderks seems to have been signaling that he wants to wait for the corps to make a final decision before intervening. The kennewick man controversy is an extremely important case in.
District court of oregon ruled against the governments 1996 decision that declared the 9,400yearold skeleton known as kennewick man to be native. Buch taschenbuch, englisch buch taschenbuch, englisch fr. On this site you can also download a pdf format article an anthropological perspective on magistrate jelderks kennewick man decisionthat makes a case against the 2002 jelderks judgment on both legal and anthropological grounds. A federal judge has warned the army corps of engineers that it should make up its mind what to do with the 8,400yearold kennewick man, but he stopped short of granting eight university scientists request to study the bones see kennewick update, archaeology, mayjune. Pdf an analysis of nagpra and the dispute over human remains found in kennewick. Kennewick man is the name generally given to the skeletal remains of a prehistoric. Kennewick man caught in catch22 archaeology magazine. Nathpo national association of tribal historic preservation.
On wednesday, the 9th circuit court of appeals decided in. John jelderks 2002 decision to allow scientists to study the remains. Magistrate jelderks 2002 decision on august 30, 2002, magistrate jelderks announced his decisions in the kennewick man case. In a 73page ruling, he said the clinton administration failed to prove the remains were culturally affiliated to the indian claimants. Radiocarbon tests on bone have shown it to date from 8,900 to 9,000 calibrated years before present, but it was not until 20 that. Kennewick man and the evolutionary origins of the nation. An anthropological perspective on magistrate jelderks kennewick man decision. Magistrate jelderks decision was that the secretary.
An anthropological perspective on magistrate jelderks kennewick man decision high plains applied anthropologist, vol. Court wont reconsider kennewick man decision wednesday. Shame on you, judge jelderks, for letting scientists pick. Tugofwar continues over ancient bones high country. Jelderks raised a series of issues concerning the implementation of nagpra, that he wished. The kennewick man case and its implications for the future of the. Frank mcmanamon, the chief archaeologist with the national park service who handled the reassessment for the interior department, first decided that kennewick. Kennewick man a collection of 380 bones and bone fragments now stored at the burke museum in seattle is one of the oldest, most complete skeletons ever found in north america. The interior department is the lead agency in the case, having taken control from the u. The discovery of kennewick man, the vast amount of public confusion over what he represents, the federal governments attempt to settle the case out of court, the suit pressed by scientists, the objections raised by the native american community, the rulings of the court and, eventually, the analysis. Jelderks raised a series man issues concerning the implementation of nagpra, that he wished to be resolved prior to any decision concerning the fate of the skeletal remains.
Army corps of engineers, which had planned to return the remains to the tribes before the scientists objected. It is one of the most complete ancient skeletons ever found. The biia upheld the astute industrial insurance judges order and decision that granted payment for the knee surgery. Judge jelderks also commented extensively on the procedural irregularities on the part of. The case for the confederated tribes of the umatilla is less welldocumented on the internet. Dec 17, 2017 by decision dated november 28, 2008, it finalized the termination of her wageloss compensation, effective november 21, 2008. The long term implications of the jelderks decision, susan bruning 11. Jan 07, 2006 last month, jelderks gave the federal government a may 24 deadline to determine whether it would allow the scientists to study kennewick man.
Its ruling allowed scientific study to continue while the usace retained custody of the remains. Judge jelderks, magistrate judge for the united states district court in oregon, found in favor of plaintiffs in 2002. In the office of the clerk of court wa state court of. An anthropological perspective on magistrate jelderks. By decision dated june 26, 2009, owcps hearing representative found that. His ruling rejected a decision by former interior secretary bruce babbitt to give the remains to the tribes. United states, which determined the legal ownership, and disposition of, ancient human remains found near kennewick, washington in 2002. Jelderks s ruling is a clear victory for science and a setback for those who seek to use nagpra to end all study of ancient human remains in the united states. In the office of the clerk of court wa state court of appeals.
First, a court must determine if congress has directly spoken. The 9,000yearold remains known as kennewick man should be made available for scientific study, according to a federal court ruling. Testing of kennewick bones still under dispute abc news. Army corps of engineers, which had planned to return the remains to the tribes before the. The bonnichsen litigation commenced shortly after the discovery of the ancient ones aka kennewick man remains and involved several scientists suing the united states to keep the remains and use them for their claimed scientific purposes. The corps turned over the case to the interior department, which conducted its own tests. In february 2004, the 9th us circuit court of appeals upheld jelderks s decision, granting the plaintiff scientists a permission to study the bones. In the determination of affiliation under nagpra, judge jelderks he. Mar 08, 2017 the kennewick man news story is one of the most important archaeology stories of modern times. Judge lets scientists study kennewick man skeleton for clues. Plaintiffs assert other claims based up on alleged statutory violations.
Kennewick man, or the ancient one as he is called by some. The same regret attends the discovery of kennewick mans bones. The kennewick man controversy is an extremely important case in the history of american anthropology. Initially the corps of engineers said it would repatriate the bones to a coalition of five indian tribes, but on march 23, according to the tricity herald, it rescinded that decision. In this paper, we present our perspective on the kennewick man case as anthropologists with expertise in archaeology, pacific northwest precontact.
Jelderks criticism of the earlier ruling to return the bones to the tribes at least established that the argument leading to that decision had erred in defining north american to automatically include all remains predating 1492 that are found in the united states tri. Jelderks decision found that the anthropologists must be given access to kennewicks remains and that the remains will not be given to the native american tribes. Kennewick man is the name generally given to the skeletal remains of a prehistoric paleoamerican man found on a bank of the columbia river in kennewick, washington, united states, on july 28, 1996. Sep 03, 2002 saa president robert kelly stated that judge jelderks decision in the kennewick case will go a long way toward restoring the balance between the interests of science and those of native americans that congress mandated when it passed nagpra in 1990.
140 1820 81 894 114 1073 300 92 1557 1247 663 534 34 1535 261 62 1777 729 261 1823 582 1521 324 1380 1597 28 1260 805 531 417 1007 127 1808 1620