The documents filed in U.S. District Court also include new affidavits from two of the scientists questioning government measurements of the 9,000-year-old skeleton known as Kennewick Man.
"The government really is saying, 'Trust us to do good science,' " said Alan Schneider, one of the attorneys representing scientists who want more time to independently study the bones found along the Columbia River in 1996 near Kennewick, Wash.
"But it is fundamental to anything done in modern science to subject theories and materials to experimental testing," Schneider said. "In science, it's not 'trust me,' it's 'show me."'
He also repeated claims, denied by the government, that White House staff in the Clinton administration violated strict ethical standards by allegedly "coaching" tribes on how to beat their lawsuit and then tried to cover that up.
The Umatilla, Yakama, Colville, Wanapum and Nez Perce tribes claim Kennewick Man as their ancestor. They want the bones reburied, arguing that further scientific study would violate their religious traditions.
The scientists counter that the Native American Graves Protection and Repatriation Act makes no provision for religious beliefs because that would be unconstitutional.
They also argue that the best research to date shows tribal influence stretched back only about 4,000 years. Another 5,000 years is longer "than the period separating the modern world from the creation of the Egyptian pyramids," they claim, enough time to change cultural identities so much "they are no longer 'shared.' "
Former Interior Secretary Bruce Babbitt backed the tribes, saying he had determined the remains were "culturally affiliated" because they were found near their aboriginal lands and the tribes had an "oral tradition" of history of the area.
The federal government also contends that any human remains or artifacts predating the 1492 arrival of Christopher Columbus are by definition "Native American."
But U.S. Magistrate John Jelderks has questioned those arguments, denying government requests to dismiss the case.
Under the federal theory, for example, the remains of Vikings from their five or more voyages to North America around the year 1000 would be considered "Native American" and given to Indian tribes for reburial.
The eight scientists believe further study of Kennewick man could reveal clues about the identity of the first humans on the continent, including theories that the earliest arrivals came by boat or some route other than a land bridge between Russia and Alaska - the long-held theory.
The skull of Kennewick Man appears to resemble Polynesians or southern Asians, rather than modern Indians. Scientists say more study is needed to accurately reconstruct the face and other features, but the tribes say enough testing already has been done.
Jelderks has scheduled oral arguments June 19 in Portland.
A Seattle museum is keeping the bones pending the outcome of the lawsuit.
Ancient Kennewick Man Heads For Courtroom Showdown
PORTLAND, Ore. (AP) - In what likely was the last exchange of legal paperwork before they head to court, attorneys for eight scientists battling Indian tribes over the oldest and most complete human skeleton found in North America repeated claims about an alleged cover-up by the federal government.
[Original headline: Last paperwork filed before court showdown over ancient skeleton]
On the Net:
http://www.kennewick-man.com/
http://www.friendsofpast.org/
http://www.cr.nps.gov/aad/kennewick
http://www.umatilla.nsn.us
Casper Tribune / WY | William McCall - June 5 2001
