Monday, May 15, 2006

California Defendants Challenge Eagle Protection Act Distinctions

Copley News Service yesterday reported on criminal charges pending in California against Manuel Rodriguez-Martinez and Mario Manuel Vasquez-Ramos, two Native American religious ceremonial leaders charged with illegally possessing eagle feathers. Members of federally recognized Indian tribes can obtain eagle parts for ceremonial use from the National Eagle Repository. Federal law otherwise prohibits possession of bald and golden eagle feathers and parts. The two defendants here do not qualify to access the National Eagle Repository because they are connected with Indian tribes based in Mexico.

California U.S. District Court Judge S. James Otero earlier this month rejected the defendants' claim that distinguishing between recognized tribes and others with sincere religious beliefs is unconstitutional. So the defendants will now plead guilty and appeal Judge Otero's ruling to the 9th Circuit, claiming that their free exercise rights are being infringed. Federal authorities also suspect that the defendants were involved in the theft of two golden eagles from the Santa Barbara zoo six years ago. However they have been unable to find sufficient evidence to pursue a prosecution for that crime. (See prior related posting.)