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Judge rejects delay on Kennewick Man study

The Associated Press
1/8/03 11:07 PM


PORTLAND, Ore. (AP) -- U.S. Magistrate John Jelderks denied a request by four
Northwest Indian tribes to delay scientific study on the Kennewick Man until the case
is heard by the 9th U.S. Circuit Court of Appeals.

Jelderks last summer overturned a ruling by former Interior Secretary
Bruce Babbitt, who said the 9,300-year-old remains should be turned over
to the tribes for burial without a scientific study.

The judge reiterated Wednesday that the eight anthropologists who sued
the federal government six years ago could proceed with the study. The
ancient skeleton could offer rare clues to how the first people arrived
in America.

In rejecting the delay, Jelderks wrote that the study would not
substantially altar the remains, which would be available for burial if
the tribes succeed on appeal.

"On the other hand, granting a stay would inevitably result in some
significant injury to the plaintiff scientists, who have already waited
many years for the opportunity to study the remains," Jelderks wrote.

The Nez Perce, Umatilla, Colville and Yakama tribes and the U.S. Justice
Department asked for the delay as they appeal Jelderks' decision.

In their motion, tribal attorneys said "invasive studies, which include
physical handling and manipulation of the remains, may result in the
destruction of the remains, in both the physical and spiritual senses."

The scientists have submitted a study plan to the U.S. Army Corps of
Engineers, which is in charge of the remains. It lists several tests,
including examining the skeleton for evidence of injuries, disease and
other conditions.

The remains are stored at the Burke Museum in Seattle.



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