Pubdate: Wed, 23 Jun 2004 Source: Daily Herald, The (Provo, UT) Page: A-1 - Front Page Copyright: 2004 The Daily Herald Contact: http://www.harktheherald.com/index.php?module=FormExpress&func=display_form&form Website: http://www.harktheherald.com/ Details: http://www.mapinc.org/media/1480 Author: Caleb Warnock, Daily Herald Note: read the Court opinion at http://www.utcourts.gov/opinions/supopin/mooney062204.htm Bookmark: http://www.mapinc.org/topics/peyote Bookmark: http://www.mapinc.org/spirit.htm (Spiritual or Sacramental) NON-AMERICAN INDIANS CAN USE PEYOTE, COURT RULES In what is being hailed as a victory for minority religious rights in Utah, the Utah Supreme Court on Tuesday ruled that a Utah County couple were not guilty of felony drug charges when they distributed peyote in church ceremonies near Spanish Fork in 2000. James Warren "Flaming Eagle" Mooney and his wife, Linda, founded the Utah chapter of the Oklevueha Earthwalks Native American Church in 1997 in Benjamin, near Spanish Fork. In October 2000, Utah County Sheriff's deputies raided the church, saying Mooney was illegally distributing peyote to non-American Indians. Deputies seized nearly 17,500 peyote buttons in addition to the church's computers and records. Mooney and his wife were arrested the next month and posted bond; the Utah chapter of the church has since declared bankruptcy. In 2001, the Mooneys were charged with 10 first-degree felony counts of operating a controlled substance criminal enterprise, and one count of racketeering, a second-degree felony. The couple faced life in prison for the charges. But on Tuesday the Supreme Court reversed that decision. Kathryn Collard, Mooney's attorney, said the case will be remanded to 4th District Court to reconsider a previous motion to dismiss the charges. The dismissal should take less than a month. "Once it is dismissed, these people should be able to go back to practicing their religion, including the use of peyote and obtaining peyote," she said. "This is not a license for people to go out and use peyote. It is for people to use in religious ceremonies in the Native American Church." Utah County Attorney Kay Bryson said he had not read the court's decision. "I had a busy day and I haven't read the decision," he said. "I'll study the decision when I get a chance to read it." In an interview with the Daily Herald on Tuesday, Mooney said he first heard the news of his victory Tuesday morning when his wife called him at Spanish Fork Middle School, where he was serving as an election judge. "I feel fortunate, honored that the Great Spirit chose me to make this stand for my heritage and my people," he said, noting he had written documents to prove his ordination as a medicine man in the Native American Church. "My wife called me on the phone and said 'Sweetheart, you have won on all counts.' " Mooney said he was not surprised by the court's decision. "I've been a police officer and I've worked in the prison system, and I know the law and I abide by the laws of the land," he said. Collard, who has acted without pay while adjudicating the case, said the decision protects individual religious rights. "We are just so pleased with the court's decision," she said. "It is good when a court stands up for an individual's right to practice religion, even when that religion differs from the dominant culture. That protection is the only thing that stands between the tyranny of government and individuals and their sacred peyote." The rights of Mooney's followers were violated when police "ripped their peyote and their feathers and other sacred things out of their church and put (the followers) under surveillance and asked them all kinds of questions about their religious beliefs and who else they knew who was using peyote," Collard said. "It's been a terrible ordeal and it's decimated the church because people were afraid they would be prosecuted. This ruling gives them back their right to practice their religion again. You would think this kind of thing wouldn't happen in America, but it did." Mooney said his family has been most affected by the charges. "I cannot explain the horrendous things my children and wife have gone through," he said. "You think of the trauma of a 10-year-old girl on her birthday when a S.W.A.T. team raids her home and starts pushing her around. People, even teachers, condemned my other child in class, saying she was the daughter of a drug dealer." Classified as a controlled substance, peyote is illegal to possess in the United States, with an exception for members of the Native American Church, who consider it sacred. Tuesday's decision sets a precedent in Utah and perhaps in 22 other states that do not have laws protecting the administration of peyote to non-American Indians as part of religious ceremonies. Used for hundreds, and perhaps thousands, of years by American Indians, peyote is often taken in Native American Church ceremonies as medicine to help the severely addicted and depressed. Long ignored by traditional medicine, the silver-dollar-sized cactus is now the subject of a five-year Harvard Medical School study, and other doctors and scientists are examining its properties as well. - --- MAP posted-by: Richard Lake