Press release from the Tribal Prosecutor’s office here.
Eastern Band Cherokee Convict Another Using VAWA
Press release from the Tribal Prosecutor’s office here.
criminal case
Federal Plea Deal with Makah Whalers Falls Apart
From the Seattle Times:
TACOMA — A plea agreement expected from five Makah whalers this afternoon fell apart when the whalers realized that the U.S. government planned to restrict their future whale hunts.
Federal authorities expected the five tribal members who killed a gray whale during an unlicensed hunt last September to sign off on the plea — which would have kept the whalers from serving jail time.
Because they declined to take the plea deal, the whalers still face up to one year in custody, a $100,000 fine, up to five years of probation and possible community service. The five men will return to court Thursday with either a new plea agreement worked out or to make plans for the case to go to trial.
U.S. v. Gonzales et al. — Makah Whalers — Hearing re Pre Trial Motions
In response to the pre-trial motions that have been filed, the district court will hear these motions on February 19 and 20, 2008. There will be a full evidentiary hearing on these motions. The court also granted the Makah Tribe’s motion for leave to appear as amicus in this case.
U.S. v. Gonzales et al. — Makah Whalers — Up to Date Materials
The Makah whaling case in federal court is turning into a very interesting discussion of whaling treaty rights and federal criminal procedure.
Here are the current materials in United States v. Gonzales, et al., No. CR 07-5656 JKA (W.D. Wash.):
Makah Tribe Proposed Amicus Brief in Federal Whaling Prosecution
The Makah Nation has filed a motion for leave to file an amicus brief in the United States v. Gonzales whaling prosecution. Here are the materials, including Defendant Noel’s opposition to the motion:
Makah Tribal Court Whaling Trial Delayed
From Indianz:
Makah Nation delays trial for unauthorized hunt
Monday, January 21, 2008
The Makah Nation of Washington has delayed a trial for five members accused of an illegal whale hunt.
U.S. v. Gonzales et al. — Makah Whalers — Update
We previously published the indictment here. There have been two motions to dismiss the indictment and a motion to suppress evidence. There has been no federal response yet. Here are those materials:
Defendants Motion to Dismiss Count 1
Makah Tribal Court Whaling Charges Filed
From the Peninsula Daily News:
Whalers plead not guilty to tribal charges
By Jim Casey, Peninsula Daily News
NEAH BAY – The five members of the Makah tribe accused of illegally killing a whale will go to trial in tribal court Jan. 22.
Federal Indictment in Makah Whalers Case — U.S. v. Gonzales et al.
Here’s the federal indictment in the Makah whalers case, United States v. Gonzales, et al., No. CR 07-5656 JKA (W.D. Wash.): United States v. Gonzales Indictment
Turtle Talk 