Plaintiffs Memorandum in Opposition to Intervenors Request for Stay Pending Appeal
Affidavit of James C. Chatters
Alan L. Schneider, OSB No. 68147
Paula A. Barran, OSB No. 80397
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
ROBSON BONNICHSEN, C. LORING BRACE, GEORGE W. GILL, C. VANCE HAYNES, JR., RICHARD L. JANTZ DOUGLAS W. OWSLEY, DENNIS J. STANFORD and D. GENTRY STEELE
UNITED STATES OF AMERICA, DEPARTMENT OF THE ARMY, U.S. ARMY CORPS OF ENGINEERS, U.S. DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, FRANCIS P. McMANAMON, DAVID A. FASTABEND, EDWARD J. KERTIS, THOMAS E. WHITE, GALE A. NORTON, CRAIG MANSEN, ROBERT G. FLOWERS,
CV. 96-1481 JE
AFFIDAVIT OF JAMES C. CHATTERS
STATE OF WASHINGTON
I, James C. Chatters, being first duly sworn, do depose and state as follows:
1. I am an anthropologist, currently employed by an environmental consulting company in the Seattle, Washington area. For more than 30 years, I have been involved in archaeological and anthropological research and consulting work in the Pacific Northwest including the area around Kennewick, Washington. My professional qualifications are more fully described in earlier affidavits filed with the Court. See e.g. attachment to Plaintiffs' Motion for Order Granting Access to Study (Docket No. 62).
2. On numerous occasions I have worked with tribal council members and other representatives of the Confederated Tribes of the Colville Reservation to exhume, analyze, and repatriate human skeletal remains affiliated with those tribes. Such projects included the following:
3. In addition to the above reports, I have made public presentations on these various studies and published one peer-reviewed scholarly article, without objection from tribal representatives. See Chatters, J. C. 1989. Pacifism and the Organization of Conflict on the Plateau of Northwestern America. In Cultures in Conflict: Current Archaeological Perspectives, edited by D.C. Tkaczuk and B. C. Vivian, pp. 241-252. University of Calgary, Calgary, Alberta.
4. In the late 1980s, human bones were publicly displayed at a museum staffed by members of the Wanapum Band and developed in collaboration with the Band. I know that museum attendants who belonged to the Band were aware that the bones in question were human because I personally brought this matter to their attention. Public display of the bones continued for more than two years after I first raised the issue with the Band.
5. In 1964 I worked on the recovery of a human skeleton from a cemetery at the mouth of the Palouse River. Analyses of the skeleton were conducted in coordination with Nez Perce Tribe.
6. I am acquainted with the work and archaeological activities of Dr. Manfred Jaehnig, Archaeologist for the CTUIR, and Mr. Brent Hicks, an archaeological employee of the Colville Confederated Tribes. Neither is qualified to render an evaluation of the merits of the plaintiffs' study plan. They are not physical anthropologists. As far as I am aware, neither has extensive experience (if any experience at all) in the interdisciplinary study and analysis of human skeletal remains.
7. The objections raised by Dr. Jaehnig and Mr. Hicks in their affidavits concerning redundancy and potential damage to the skeleton are not well taken. Replicative study is the basis of sound science. It is the primary reason I contacted Drs. Steele and Owsley (as well as others) after discovering the skeleton's age. Since observations made by any individual can be affected by his or her training, biases and interests, multiple studies are essential for a full understanding of the information that can be provided by an important find like this one. Other countries committed to understanding the past like Germany (Neanderthal remains), France (Cro Magnon and earlier human remains) and Kenya (many species of early hominids) continue to allow studies of skeletal remains even after numerous other (often similar) studies have been performed. As for the claim of potential damage, any bones from this skeleton that remained on the discovery site beach were almost certainly crushed by the rip-rap dropped on the site by the U.S. Army Corps of Engineers under the guise of protection. Reburial of the skeleton as advocated by the tribes will result in its certain destruction. Plaintiffs' study team, on the other hand, seeks to preserve the skeleton so all humanity can learn from it.
DATED this ____ day of November, 2002.
James C. Chatters
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