Pubdate: Thu, 23 Jun 2005
Source: Deseret Morning News (Salt Lake City, UT)
Copyright: 2005 Deseret News Publishing Corp.
Contact:  http://www.desnews.com/
Details: http://www.mapinc.org/media/124
Author: Jeremy Twitchell

MEDICINE MAN, WIFE ARRESTED AGAIN ON PEYOTE CHARGES

SPANISH FORK -- Medicine man James "Flaming Eagle" Mooney and his wife,
Linda, were arrested Thursday by Drug Enforcement Agency officials.

DEA agents originally attempted last week to arrest the Mooneys at their
home in Benjamin, but were unable to take them into custody because they
were out of town visiting relatives.

The Mooneys and Nicholas Stark, of Ogden, were indicted June 15 by a grand
jury. Those indictments were unsealed Thursday, according to a statement by
Melodie Rydalch, spokeswoman for the U.S. attorney in Salt Lake City.

Stark was not arrested Thursday. A summons will be issued for Stark to
appear in court, Rydalch said.

The three were charged with conspiracy to possess peyote with intent to
distribute, conspiracy to distribute peyote, distribution of peyote,
possession of peyote with intent to distribute, possession of coca leaves
and attempted possession of peyote with the intent to distribute. =09 Peyote
- -- a hallucinogenic drug used in American Indian religious ceremonies -- is
a controlled substance under federal law.

With the exception of the count relating to possession of coca leaves, which
is a misdemeanor, the maximum potential penalty for each count is up to 20
years in prison, Rydalch said.

Congress has recognized that American Indians who are members of federally
recognized tribes may continue to use peyote in religious observances.

Federal prosecutors allege the Mooneys and Stark are not members of an
Indian tribe.

"The traditional ceremonial use of peyote by Native Americans as a religious
sacrament has been protected by (the) federal government for many years.
However, the law very clearly defines who can use peyote and who can't,"
U.S. Attorney Paul M. Warner said. "We believe the Mooneys and Mr. Stark are
not allowed to use peyote under federal laws. Drug dealers engaged in the
distribution of a controlled substance are going to be prosecuted."

The Mooneys were arrested in 2000 for distributing peyote to non-American
Indians at their Oklevueha EarthWalks Native American Church of Utah.

They were acquitted in 2004 when the Utah Supreme Court ruled they could
distribute peyote to non-American Indians, but the federal government was
not bound by the decision and continued its investigation.

And in April, Mooney filed a civil-rights lawsuit against Utah County
officials who led the failed criminal prosecution.

Mooney, who claims membership in the Seminole Indian tribe, alleged Utah
County Attorney Kay Bryson violated his First Amendment rights to free
exercise of religion. He also alleges unconstitutional seizure of peyote
buttons from his church.

The suit also named Utah County deputy attorney David Wayment and members of
the Utah County Sheriff's Office as defendants. Despite the state high
court's ruling in his favor, Mooney alleges the state has refused to return
some 18,000 peyote buttons seized during an October 2000 raid on his church.
The U.S. Attorney's Office also has put Mooney on notice that he could face
federal charges if he uses peyote in church ceremonies.

Mooney alleges Bryson and others have abused their authority and attempted
to intimidate him into no longer including peyote in his ceremonies, which
Mooney said he hasn't done since he was first charged but is anxious to
resume. 
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MAP posted-by: Josh