On October 29, the day before the deadline for a motion, the Department of Justice gave its notice of appeal in the latest twist in the Kennewick Man case. Federal attorneys argue that Judge John Jelderks erred in ruling that scientists were wrongly barred from studying the ancient remains. In finding for the scientists, Jelderks concluded that the tribes failed to prove a cultural link to the Kennewick Man as required by federal law. Attorneys for the four Northwest tribes involved - Colville, Nez Perce, Umatilla, and Yakama - believe the motion will aid their cause. Rob Roy Smith, attorney for the Nez Perce, said the notice “does not change the tribes' intent to follow through with our own appeal, but bolsters our position. The tribes are really the parties here that are the most directly impacted by the judge's decision.”
