Pubdate: Sat, 25 Jun 2005
Source: Salt Lake Tribune (UT)
Copyright: 2005 The Salt Lake Tribune
Contact:  http://www.sltrib.com/
Details: http://www.mapinc.org/media/383
Author: Tyler Peterson
Bookmark: http://www.mapinc.org/spirit.htm (Spiritual or Sacramental)
Bookmark: http://www.mapinc.org/topics/peyote  (Peyote)

COUPLE PLEAD NOT GUILTY TO PEYOTE CHARGES

Founded Church: The Two Claim It Is Their Right To Use The Drug In Their 
Religious Ceremonies

A Utah County man and his wife who insist it is their First Amendment right 
to smoke peyote during Native American religious ceremonies pleaded not 
guilty Friday to federal drug counts.

U.S. Magistrate Samuel Alba set a hearing for Tuesday to determine if 
Benjamin residents James "Flaming Eagle" Mooney, 61, and Linda Mooney, 51, 
should remain in custody until their trial.

"It may be months down the road before this matter is resolved," Alba said.

The prosecution is the latest twist in a dispute over the use of peyote by 
the couple and members of the church they founded, the Oklevueha Earthwalks 
Native American Church.

In 2000, the Mooneys were charged in state court with a dozen first-degree 
felony counts after police seized 12,000 peyote buttons from their church. 
The charges were dropped last year after the Utah Supreme Court ruled the 
Mooneys and other members of the Native American Church, regardless of 
race, can use the hallucinogenic cactuses in religious ceremonies.

However, under federal law, prosecutors contend only enrolled members of 
federally-recognized tribes can use the substance. Assistant U.S. Attorney 
Richard Lambert said Friday that James Mooney cannot legally smoke or 
distribute the drug to other members of his church.

An indictment claims Mooney fraudulently obtained a membership card from 
the Oklevueha Band of Yamassee Seminole Indians. The band asked him to 
return the card and terminated his affiliation after it found out about 
Mooney's activities involving the hallucinogen.

The indictment alleges Mooney continued to obtain peyote with his 
membership card despite the termination.

Eileen Quintana, a Navajo who attended the hearing and smokes peyote as 
part of her religion, said the Mooneys' use was disrespectful to her faith. 
"We do not need Mooneys to come in and take the most sacred thing away from 
our people," she said.

But members of the Oklevueha Earthwalks church contend that freedom of 
religion should prevail.

"It's a shame that as the Fourth of July celebration gets near, a bona fide 
religion is being persecuted on the basis of race," said church member 
David Hamblin.

James Mooney is charged with 14 drug-related charges and Linda Mooney faces 
13 counts. The maximum penalty for each count is 20 years in prison and a 
$1 million fine.

Church member Nicholas Stark, 54, of Ogden, was accused in the same 
indictment of distribution of peyote, possession of peyote with intent to 
distribute and possession of coca leaves. In a separate 2000 raid, police 
had seized peyote and coca leaves from his property. State charges against 
Stark were dropped after the Utah Supreme Court ruling.
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