Last 2 Makah members charged in rogue hunt had waived jury trial
By: Paul Shukovsky
TACOMA -- A federal judge Monday found two Makah tribal members guilty of hunting and killing a gray whale.
Wayne Johnson and Andy Noel waived a jury trial and stipulated to the basic facts of the rogue hunt in September, admitting that they killed the protected marine mammal. Magistrate Judge J. Kelley Arnold then swiftly found the pair guilty.
The move by Johnson and Noel, who now intend to appeal, was prompted by Arnold's pretrial ruling last week barring a defense based on religious liberty protected by the First Amendment.
"There is no reason to go through a jury trial when we won't be allowed to present our defense," said Noel's attorney, Jack Fiander.
"We admitted it was us -- we admitted we hunted a whale -- so we can get on with the appeal," Fiander said.
At sentencing June 20, Johnson and Noel face up to a year in jail for both the violation of the Marine Mammal Protection Act and conspiring to do so.
The Makah tribe -- with both Johnson and Noel on the crew -- in 1999 legally took a whale for the first time in more than 70 years. But the tribe, at the extreme Northwest tip of the continental United States, has been unable to hunt again because of court challenges by animal rights activists that forced the federal government to conduct lengthy environmental reviews of the hunt.
More of the controversy can be found here: http://seattlepi.nwsource.com/local/358080_makah08.html
Wednesday, April 9, 2008
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