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Court orders American Indian to trial for shooting eagle
Associated Press ^ | May 9, 2008 | Ben Neary

Posted on 05/11/2008 6:20:49 AM PDT by Zakeet

CHEYENNE, Wyo. - An American Indian who shot a bald eagle for use in a tribal religious ceremony must stand trial, a federal appeals court has ruled.

A three-judge panel of the 10th Circuit Court of Appeals in Denver on Thursday reversed a 2006 lower court ruling that dismissed a criminal charge against Winslow Friday, a Northern Arapaho Indian who has acknowledged shooting a bald eagle in 2005 during the tribe's Sun Dance.

In dismissing the charge, U.S. District Judge William Downes of Wyoming said the federal government has shown "callous indifference" to American Indian religious beliefs. Eagle feathers are a key element of ceremonies of the Northern Arapaho and many other tribes.

The appeals court ruled that American Indians' religious freedoms are not violated by federal law protecting eagles or the government's policy requiring American Indians to get permits to kill the birds.

"Law accommodates religion," the court said in its ruling. "It cannot wholly exempt religion from the reach of the law."

Friday declined to comment on the court's ruling. If convicted, he faces up to one year in jail and a $100,000 fine.

[Snip]

In his ruling, Downes said it was clear that Friday wouldn't have received a federal permit to kill an eagle if he had applied for one.

The judge wrote that the Fish and Wildlife Service has encouraged American Indians to apply to receive eagle parts from a Colorado repository that holds the remains of birds killed by power lines and other causes. He said the agency makes no effort to encourage American Indians to apply for permits to kill birds of their own.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: Wyoming
KEYWORDS: americanindians; arapaho; baldeagle; endangeredspecies; environmental; esa; indian; nativeamerican; religion

Winslow Friday, a Northern Arapaho tribal member who admitted killing a bald eagle in 2005 for use in a religious ceremony, makes his way into the 10th Circuit Court of Appeals at the Federal Courthouse in Denver. A member of the Northern Arapaho Tribe who killed a bald eagle for use in his tribe's Sun Dance in 2005 must stand trial, a federal appeals court ruled.

1 posted on 05/11/2008 6:20:49 AM PDT by Zakeet
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To: Zakeet

The “tribal nation” within a nation concept doesn’t work. Either you’re an American or you’re not.


2 posted on 05/11/2008 6:23:45 AM PDT by Leftism is Mentally Deranged
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To: Zakeet

Mark


3 posted on 05/11/2008 6:29:18 AM PDT by sport
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To: Zakeet

Redskins vs. Eagles bump


4 posted on 05/11/2008 6:32:58 AM PDT by Tribune7 (How is inflicting pain and death on an innocent, helpless human being for profit, moral?)
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To: Zakeet

“The whole aim of practical politics is to keep the populace alarmed-and thus
clamorous to be led to safety-by menacing it with an endless series of
hobgoblins, all of them imaginary.”-H.L. Mencken


5 posted on 05/11/2008 6:38:50 AM PDT by orlop9
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To: Leftism is Mentally Deranged
The “tribal nation” within a nation concept doesn’t work.

I hope someone will correct me if I'm wrong, but I think the "'tribal nation' within a nation" is constitutionally supported.
6 posted on 05/11/2008 6:44:09 AM PDT by wolfpat (If you don't like the Patriot Act, you're really gonna hate Sharia Law.)
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To: Leftism is Mentally Deranged
"The “tribal nation” within a nation concept doesn’t work."

Don't bet on it.

In anticipation of the North American Union,
I officially seceded from the USA.

My land within the borders of the United States is now officially recognized by the United Nations
as the "Grand Duchy of Earl"

Yes, I am the Duke of Earl.

7 posted on 05/11/2008 6:44:13 AM PDT by trickyricky
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To: Leftism is Mentally Deranged

Just so everyone understands, it’s OK for a Moslem to behead his sister in an honor killing, but let this guy smoke a bird....


8 posted on 05/11/2008 7:11:55 AM PDT by Oldpuppymax (AGENDA OF THE LEFT EXPOSED)
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To: Leftism is Mentally Deranged

That’s it — E Pluribus Unum and all. Otherwise we’ll have to honor Muzzie traditions that include — washing feet anywhere they want to; headscarves; muzzeins; chopping heads; blowing up folks for Allah, etc.


9 posted on 05/11/2008 7:12:56 AM PDT by bboop (Stealth Tutor)
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To: Zakeet

I thought they had to climb up a cliff and grab the eagle by the feet and kill it bare handed in order for it to count???


10 posted on 05/11/2008 7:23:50 AM PDT by TigersEye (Berlin 1936. Olympics for murdering regimes. Beijing 2008.)
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To: trickyricky
Yes, I am the Duke of Earl.

And I am Baron of Graymatter.

11 posted on 05/11/2008 7:26:17 AM PDT by Mr Ramsbotham (Who's worried about the Bolsheviks? They couldn't be worse than the Tsar!)
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To: orlop9

Yeah, and it seems to be working on all these sheeple...


12 posted on 05/11/2008 7:26:53 AM PDT by Fedupwithit (We are but fleas on this Earthen canine)
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To: Mr Ramsbotham
And I am the Tyrannosaurus of your Rex...
13 posted on 05/11/2008 7:29:34 AM PDT by Eric in the Ozarks
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To: Leftism is Mentally Deranged
An American Indian who shot a bald eagle for use in a tribal religious ceremony must stand trial, a federal appeals court has ruled.

It's amazing that indians carry out ancient traditional beliefs with modern European technology and expect to be believed as sincere. Thow him in jail

14 posted on 05/11/2008 7:29:57 AM PDT by LoneRangerMassachusetts
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To: Eric in the Ozarks
And I am the Tyrannosaurus of your Rex...

Oedipus, is that you?

15 posted on 05/11/2008 7:31:01 AM PDT by Mr Ramsbotham (Who's worried about the Bolsheviks? They couldn't be worse than the Tsar!)
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To: Mr Ramsbotham

No. I’m not Nadine either.


16 posted on 05/11/2008 7:33:01 AM PDT by Eric in the Ozarks
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To: Zakeet
Just possessing a Bald Eagle feather is bad news (very illegal).
Back in the late '80's I worked with a guy who had hunting cabin in Northern Wis. A hunting acquaintance of his, a Wis resident, was busted with a Bald Eagle feather. He got a $10,000 fine.

IIRC the guy was suspected by the Wis DNR of hunting Doe, or maybe Spotlighting(?). In any case they found the Eagle feather in his cabin and that was it for him.

17 posted on 05/11/2008 7:33:51 AM PDT by Condor51 (I have guns in my nightstand because a Cop won't fit)
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To: Zakeet

Don’t we have tons of those eagles again? So what if he kills one.


18 posted on 05/11/2008 7:34:03 AM PDT by montag813
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To: trickyricky

Damn! Do I have to quit calling you Ricky, now, your Grace?


19 posted on 05/11/2008 7:36:55 AM PDT by RobinOfKingston (Man, that's stupid ... even by congressional standards.)
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To: montag813
Don’t we have tons of those eagles again? So what if he kills one.

Yes. The bald eagle was removed from the list of endangered and threatened wildlife last year. There's no justification for jailing this guy.

20 posted on 05/11/2008 7:41:28 AM PDT by B Knotts (Calvin Coolidge Republican)
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To: trickyricky
Yes, I am the Duke of Earl.

Not until the real Duke passes on:

;)

21 posted on 05/11/2008 7:53:50 AM PDT by Michael.SF.
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To: wolfpat

It may be constitutional, but that does not mean it works


22 posted on 05/11/2008 8:27:26 AM PDT by Starwolf (I rode to work today, did you?)
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To: wolfpat

It may be constitutional, but that does not mean it works


23 posted on 05/11/2008 8:27:26 AM PDT by Starwolf (I rode to work today, did you?)
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To: Tribune7
"Redskins vs. Eagles bump"

LOL
24 posted on 05/11/2008 8:29:17 AM PDT by GunnyHartman (Proud Infidel)
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To: Condor51
"was busted with a Bald Eagle feather."

We find Bald Eagle feathers all the time a the base of trees where they nest. The indian folks can keep them, but white folks....NO,NO,NO....you can be fined rather aggresively. I have several in my home. Don't tell anyone.
25 posted on 05/11/2008 8:35:12 AM PDT by GunnyHartman (Proud Infidel)
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To: Zakeet
Hey! No fair! Only rednecks named Clem should be prosecuted for killing eagles!

Everyone knows that "indigenous pipples" are just another predator, and we don't judge predators unless they're human (ie, rednecks named Clem). [/sarcasm]

26 posted on 05/11/2008 8:42:30 AM PDT by Zionist Conspirator (Uqera'tem deror ba'aretz lekhol-yosheveyha . . .)
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To: Leftism is Mentally Deranged
The “tribal nation” within a nation concept doesn’t work. Either you’re an American or you’re not.

Jews were historically an exiled Theocratic nation amongst other nations. Until a couple hundred years ago the Rabbinate and Rabbinic Courts had civil authority over Jews.

I say it's time to bring it back!

27 posted on 05/11/2008 8:43:57 AM PDT by Zionist Conspirator (Uqera'tem deror ba'aretz lekhol-yosheveyha . . .)
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To: GunnyHartman
I have several in my home. Don't tell anyone.

Great, now Jim is going to get a subpoena for your IP address and your ISP will get one for who was using it at the time.

28 posted on 05/11/2008 9:14:48 AM PDT by antiRepublicrat
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To: Condor51

Indians are allowed to posses eagle feathers, but killing the eagles is still a no-no.


29 posted on 05/11/2008 9:55:56 AM PDT by lesser_satan (Save the earth. Make biofuels out of eco-fascists.)
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To: lesser_satan
Anybody who has lived around real Indians or in Nativeland; knows they don't give a hoot what the feds say much about anything. They have lost so much, they just don't give a dang about what white politicals say they should do or how they should live. Here in Alaska, the Feds are scared of getting them too upset; and Indians do as they please when it comes to nature.

Us Far superior Whites could take a lesson from our just removed from stoneage Indians, no joke.

30 posted on 05/11/2008 10:13:10 AM PDT by Eska
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To: lesser_satan
*** Indians are allowed to posses eagle feathers, but killing the eagles is still a no-no. ***

Yes I'm aware of that, I should have clarified my post.
The guy I heard about up in Wis. getting fined was not an Indian.

31 posted on 05/11/2008 10:24:04 AM PDT by Condor51 (I have guns in my nightstand because a Cop won't fit)
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To: lesser_satan
*** Indians are allowed to posses eagle feathers, but killing the eagles is still a no-no. ***

Rightfully so IMO. I've seen one Bald Eagle in real life, close up at Brookfield Zoo outside Chicago. A truly beautiful bird.

32 posted on 05/11/2008 10:27:50 AM PDT by Condor51 (I have guns in my nightstand because a Cop won't fit)
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To: Condor51
I see them all the time along the Mississippi in the bluff country in southeastern MN. I saw some on vacation last year in northwestern WI too. Here are some pics:

Photobucket

Photobucket

33 posted on 05/11/2008 11:06:39 AM PDT by lesser_satan (Save the earth. Make biofuels out of eco-fascists.)
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To: Eska
Anybody who has lived around real Indians or in Nativeland; knows they don't give a hoot what the feds say much about anything.

A friend of mine (Sioux from the Prarie Island rez in MN) is in trouble with the feds for this: http://www.youtube.com/watch?v=2_HRyAG2xqU

The stuff he used is legal, but the blast set off seismographs at a nuke plant nearby.

I wish I was there that day to see it.

34 posted on 05/11/2008 11:13:00 AM PDT by lesser_satan (Save the earth. Make biofuels out of eco-fascists.)
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To: lesser_satan
Maybe part of the reason for disregard of feds has to do with rural nature of where we live. When nearest law enforcement is 200 miles away and road is closed; you tend to have alot more freedom.

Indians kinda want left alone and get pretty hot when white govt starts telling them hunting/fishing regulations. They ignore the govt then. Last year, some new fed guy started on about spring duck hunting; he was silenced pretty quick so as not to start trouble. He just didn't know no better and thought Alaska was just like California I guess.

Actually, Indians pretty good decent sharing people once you get past the probs many seem to have with booze. You just can't start judging them like white people, or you will hate all of them; which ain't right. I live about a mile past the Indian Village, so spend some time with them. No joke, I'd rather be around most Indians than rural Whites; they just don't think like we do. They're OK in my book and I'd prob be the first to give them benefit of doubt everytime, cause I have seen the good in the village too.

35 posted on 05/11/2008 12:10:38 PM PDT by Eska
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To: Michael.SF.

Where’d ya git my pixture?


36 posted on 05/18/2008 12:30:30 AM PDT by trickyricky
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