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 Nation
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
FERC Approves Wave Energy Project at Makah
Thanks for Tom Schlosser at Morisett Schlosser for these docs: Here is the FERC announcement and the statements of commissioners Spitzer and Kelliher.
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
Makah Whalers Charged in Tribal Court
From the Seattle Times:
5 whalers charged in tribal court
Five Makah tribal members who already face federal charges for killing a gray whale off Neah Bay in September have now been charged in Makah Tribal Court for participating in the unauthorized hunt.
The charges were filed in tribal court on Nov. 16 but weren’t made public until Monday, when the last of the five was officially served with court papers, said Makah tribal attorney John Arum.
Wayne Johnson, Frankie Gonzales, Andrew Noel, Theron Parker and William Secor each face five charges in tribal court, including the violation of the tribe’s Gray Whale Management Plan.
If convicted, they could face up to a year in the tribal jail, a $5,000 fine and a three-year suspension of their tribal fishing rights for participating in the Sept. 8 hunt.
The five were charged in federal court in Tacoma last month and pleaded not guilty to misdemeanor violations of the federal Marine Mammal Protection Act.
It is unclear whether the men will first be tried in federal or tribal court, Arum said. Arraignment on the tribal-court charges is expected in the next two or three weeks, he said.
Makah Whaling Prosecution in Both Tribal and Federal Courts
Makah tribal members seek postponement of federal trial for illegal whale hunt
Seattle Times staff reporter
COURTESY US ATTORNEY’S OFFICE
This grey whale was illegally harpooned, shot and killed by five Makah tribal whalers.
Defense attorneys for Makah tribal members accused of illegally hunting a gray whale last September are seeking to postpone a federal trial at least until March so they have more time to prepare their case.
And despite Makah leaders’ earlier vows of swift tribal justice for the men, a trial in tribal court has been slowed because the tribal prosecutor has family and business ties to two of the accused.
The five whalers were indicted on violations of the Marine Mammal Protection Act by a grand jury in U.S. District Court in October. The misdemeanor charges could mean up to a year in jail and a $100,000 fine.
No date has been set for a trial yet, but the defense request for a delay means early March or even April, said Assistant U.S. Attorney Jim Oesterle.
“We would just as soon do this sooner than later,” Oesterle said. The five men harpooned and shot a gray whale in the Strait of Juan de Fuca Sept. 8. The tribe did not have a necessary waiver to hunt a whale under its treaty with the U.S. The case has hampered efforts by the tribe to get that waiver, and that makes tribal leaders eager to put the case behind them.
But Neah Bay is a small town, and the tribe needs to find someone other than its usual tribal prosecutor to try two of the defendants because she is related to one of them and had a family business relationship with the other.
Like many cases, this one may actually never see trial. Members of the Makah tribal council have been discussing the benefits of a settlement, in which a single plea agreement could be negotiated between the federal and tribal governments, said Micah McCarty, a tribal council member.
“I believe it would be better for the federal and tribal government to keep this from going to trial,” McCarty said. “We would lean favorably toward that, we have had discussions just recently among the council, and I think my colleagues would concur if this is a possibility. A trial could be turned into a media circus that we don’t want to be a part of.”
John Arum, an attorney for the Makah Nation, said such a discussion is premature. But he agreed taking the case to trial was not the best outcome for anyone.
“We are doing what we can to make it less likely that will happen,” Arum said. McCarty said the tribe remains committed to prosecution. “We have a sense of urgency in light of our reputation that we are a government that respects the rule of law,” he said.
Turtle Talk 