Ex Park Official Stole Ancient Indian Remains
Thomas Munson, former superintendent of Effigy Mounds National Monument in Iowa, was sentenced to one year of home detention, 10 weekends in jail, and 100 hours of community service for stealing ancient remains of Native Americans in 1990 and stashing them in his garage for the duration of the time they were in his possession until 2012. He removed bones from more than 40 individuals, and lied about their whereabouts for two decades. The Native Americans were not allowed to rebury their ancestors, which outraged them.
The Effigy Mounds National Monument sits along the Mississippi River and many tribes consider the site sacred. The monument includes hundreds of burial and ceremonial mounds, most in the shape of animal, which were built by Native Americans around 700- 2,500 years ago. Excavations began in 1950, and scientists found bones and skeleton fragments considered historically significant. In 1990, Munson ordered one of his employees to put the remains in a cardboard box. He later took that box to his house where they remained until 2012. Unfortunately, due to the poor storage the bones decayed.
Munson said that he was worried that the bones would have been given back to the tribes because of the Native American Graves Protection and Repatriation Act that allowed reburials consistent with tribal traditions. He believed that the tribes would make claims that would wipe out the museum's collection of burial objects. Since he took the remains, the tribes would not be able to make a claim on the objects.
The National Park Service learned about the missing remains after Munson retired in 1994. Munson denied taking the remains for years. He told authorities that the remains were sent out for testing. Another investigation was opened in 2011, and Munson returned one of the boxes. The following year a federal agent found the second box in Munson's garage.
Munson issued an apology, but didn't show any remorse in court. U.S. Magistrate Judge Jon Scoles ordered Munson to pay $108,000 for the cost of repairing the collection, then the remains are going to be returned to the tribes.
Comments from Allen:
My question in hearing of this matter was: "Why was Mr. Munson treated with such leniency?" This was a federal prosecution, and the feds are notoriously brutal in sentencing. As a criminal defense attorney, I like to believe I understand why and how people are sentenced when they commit crimes, even unusual crimes such as this.
The victims in this case, the Native Americans whose ancestors' remains were "treated like trash" by this man they considered a "callous," "racist" "bigot" with a "sick mind."
The federal judge stated the defendant had committed an "outrageous criminal act," yet only gave Munson 10 weekends in jail and 100 hours of community service?
My explanation for the light sentence is that: the defendant had no criminal history; he is relatively old and was in bad health and appeared somewhat senile. He was trying to protect a National museum, but had chosen a bad, and illegal, way to do it.
At a recent federal sentencing in Idaho, the judge commented he did not want to turn our federal prison system into a retirement home for the elderly. It appears to me Judge Scoles in this case was influenced primarily by the defendant's age and health, and certainly did not see Mr. Munson as a risk to the community. The main punishment in this case was the $108,000 restitution and a $3,000 fine, which was not reduced. As a side note, the feds would be required to treat Mr. Munson for all of his various health ailments while incarcerated and pay for the cost of that treatment.
Federal prison is really not a place for an old man...unless he has committed crimes more along the line of someone like serial murderer Whitey Bulger.
Nothing is going to assuage the justifiable outrage of the members of the affected tribes, who refused to accept Mr. Munson's apology.
Nonetheless, because of the defendant's age and health, and the purposes behind incarceration for crimes, I think justice was served by imposing the heavy fines and going light on incarceration.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:
http://www.cbsnews.com/news/ex-parks-official-sentenced-for-stealing-ancient-remains-of-native-americans/
http://www.thegazette.com/subject/news/public-safety/former-parks-service-official-sentenced-to-probation-jail-time-for-stealing-ancient-human-remains-from-effigy-mounds-20160708
http://www.seattletimes.com/nation-world/ex-federal-official-to-be-sentenced-in-theft-of-old-remains/
The Effigy Mounds National Monument sits along the Mississippi River and many tribes consider the site sacred. The monument includes hundreds of burial and ceremonial mounds, most in the shape of animal, which were built by Native Americans around 700- 2,500 years ago. Excavations began in 1950, and scientists found bones and skeleton fragments considered historically significant. In 1990, Munson ordered one of his employees to put the remains in a cardboard box. He later took that box to his house where they remained until 2012. Unfortunately, due to the poor storage the bones decayed.
Munson said that he was worried that the bones would have been given back to the tribes because of the Native American Graves Protection and Repatriation Act that allowed reburials consistent with tribal traditions. He believed that the tribes would make claims that would wipe out the museum's collection of burial objects. Since he took the remains, the tribes would not be able to make a claim on the objects.
The National Park Service learned about the missing remains after Munson retired in 1994. Munson denied taking the remains for years. He told authorities that the remains were sent out for testing. Another investigation was opened in 2011, and Munson returned one of the boxes. The following year a federal agent found the second box in Munson's garage.
Munson issued an apology, but didn't show any remorse in court. U.S. Magistrate Judge Jon Scoles ordered Munson to pay $108,000 for the cost of repairing the collection, then the remains are going to be returned to the tribes.
Comments from Allen:
My question in hearing of this matter was: "Why was Mr. Munson treated with such leniency?" This was a federal prosecution, and the feds are notoriously brutal in sentencing. As a criminal defense attorney, I like to believe I understand why and how people are sentenced when they commit crimes, even unusual crimes such as this.
The victims in this case, the Native Americans whose ancestors' remains were "treated like trash" by this man they considered a "callous," "racist" "bigot" with a "sick mind."
The federal judge stated the defendant had committed an "outrageous criminal act," yet only gave Munson 10 weekends in jail and 100 hours of community service?
My explanation for the light sentence is that: the defendant had no criminal history; he is relatively old and was in bad health and appeared somewhat senile. He was trying to protect a National museum, but had chosen a bad, and illegal, way to do it.
At a recent federal sentencing in Idaho, the judge commented he did not want to turn our federal prison system into a retirement home for the elderly. It appears to me Judge Scoles in this case was influenced primarily by the defendant's age and health, and certainly did not see Mr. Munson as a risk to the community. The main punishment in this case was the $108,000 restitution and a $3,000 fine, which was not reduced. As a side note, the feds would be required to treat Mr. Munson for all of his various health ailments while incarcerated and pay for the cost of that treatment.
Federal prison is really not a place for an old man...unless he has committed crimes more along the line of someone like serial murderer Whitey Bulger.
Nothing is going to assuage the justifiable outrage of the members of the affected tribes, who refused to accept Mr. Munson's apology.
Nonetheless, because of the defendant's age and health, and the purposes behind incarceration for crimes, I think justice was served by imposing the heavy fines and going light on incarceration.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.
Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:
http://www.cbsnews.com/news/ex-parks-official-sentenced-for-stealing-ancient-remains-of-native-americans/
http://www.thegazette.com/subject/news/public-safety/former-parks-service-official-sentenced-to-probation-jail-time-for-stealing-ancient-human-remains-from-effigy-mounds-20160708
http://www.seattletimes.com/nation-world/ex-federal-official-to-be-sentenced-in-theft-of-old-remains/
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