Court orders American Indian to trial for shooting eagle

Associated Press ^ | May 9, 2008 | Ben Neary

[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.

[Michael.SF.]

Yes, I am the Duke of Earl.

Not until the real Duke passes on:

;)

[Starwolf]

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

[Starwolf]

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

[GunnyHartman]

"Redskins vs. Eagles bump"

LOL

[GunnyHartman]

"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.

[Zionist Conspirator]

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]

[Zionist Conspirator]

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!

[antiRepublicrat]

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.

[lesser_satan]

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

[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. 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.

[Condor51]

*** 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.

[Condor51]

*** 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.

[lesser_satan]

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:

[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.

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.

[Eska]

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.

[trickyricky]

Where’d ya git my pixture?