06/21/02
RICHARD L. HILL
A year after holding hearings about what should happen to the 9,300-year-old skeleton called ‘Kennewick‘ Man, U.S. Magistrate John Jelderks says he should have a ruling in the case by Labor Day.
In a letter to attorneys representing scientists, the federal government and tribes involved in the dispute, Jelderks said the "unusual delay" in reaching a decision had "has been in large part been due to the time required to review the entire record" of more than 20,000 pages.
Jelderks said he was working on the final draft of the decision "and my schedule should allow me to have it filed before Labor Day."
The federal judge ended a two-day hearing a year ago Thursday, warning that a ruling would be neither easy nor quick. The hearing came several months after former Interior Secretary Bruce Babbitt had decided in what he termed a "close call" that the remains of ‘Kennewick‘ Man should be turned over to a coalition of five Columbia Basin tribes.
Eight anthropologists sued the federal government after the Army Corps of Engineers had decided in 1996 to turn the remains over to the tribes for burial without allowing a scientific study.
Alan Schneider, a Portland attorney representing the scientists, said he wasn't surprised by the time required to reach a ruling because of the huge number of pages in the administrative record. "We've all been on pins and needles hoping for a decision, but I think all of us feel that we would like to have a very careful and well-reasoned decision [rather] than an unduly speedy one," Schneider said.
Tim Weaver, an attorney representing the Yakama Nation, said the tribe "appreciates the judge letting us know that he's moving forward" in making a decision. Weaver said it was unusual for a federal judge to issue such a statement.
Two college students found the bones in shallow water on the banks of the Columbia River in ‘Kennewick‘, Wash., in July 1996. The collection of 380 bones and bone fragments is being stored in the Burke Museum in– Seattle. You can reach Richard L. Hill at richardhill@news.oregonian.com or 503-221-8238.