In a message dated 96-02-02 21:17:19 EST, you write:
 
>I am a graduate student at California University of Pennsylvania.  Currently
>I am working on a research project in which I am trying to compile a list of
>articles, citations, journal references, court cases (by docket # if
>possible),
>or any other cases of state or federal prosecution concerning CRM laws.  Any
>help would be greatly appreciated.  My address is [log in to unmask]
>
>
 
perhaps the most notable of late is the case of Earl Shumway in Utah.  To
date he has received the most stringent punishment for violation of ARPA
legislation (to my knowledge).  Below is a synopsis of the case from
ARTIFACT:
 
 Sentencing of Earl Shumway, brief notes: print media were in attendance
throughout proceeding; ABC, CBS and NBC local affiliates all attended a
press conference immediately after, held in the U.S. District Court in Salt
Lake City.  See the news reports for
detail, here are my brief impressions.
 
At issue was sentencing for Shumway, convicted of seven felonies in two
separate cases (94CR185W and 95CR97W), in total, four
counts of ARPA, two counts of damaging U.S. Property, and one count of being
a felon in possession of a fire arm).
 
    Earl Shumway was ushered into Judge Winder's court room at 0840 on
December  15, 1995.  He was shackled, both hands and
feet, with a chain at his legs and  another, heavy chain around his waist
securing his shackled wrists.  He wore a one piece prison uniform.
 
    The proceedings began, and took more than two hours as attorneys for Mr.
Shumway and Wayne Dance, Assistant U.S. Attorney,
presented arguments for,  respectively, more lenient versus more severe
sentencing.  Numerous factors  were discussed - the prior record of Mr.
Shumway (8 juvenile adjudication, one ARPA conviction and one burglary
conviction); remorse (or lack thereof)
for the crimes committed; a convicted felon having been found in possession
of a  fire arm; the Native American community, specifically Hopi, as victims
of  desecrations upon their culture and their ancestors; and, a
representation of  the human remains excavated by Mr. Shumway as being
victims, too.
 
    Letters from: the Hopi; the Utah State Division of Indian Affairs; Kevin
Jones, Utah State Archaeologist; Marty McAllister; and DCA
Frank McManamon  were read in part to the judge - numerous other letters had
also been received.  Argument was made, and quite eloquently, that Mr.
Shumway showed no remorse, that he had made a career of excavating (he
claims to have dug his  first burial at age 3).
 
    U.S. Attorney Dance said that others steal money and valuables, but that
 Shumway steals ... history, culture, and the nation's heritage.  Dance
continued by saying that Shumway ... profits from the bones and remains of
 others.  Dance asked for the harshest sentence possible to protect the
resource from further harm by Shumway, to punish Shumway, and as a deterrent
 to others.
     Before it was all over, Judge Winder may have established a precedent by
 indicating he believed the human individuals whose graves had been
disrupted  were victims, and he added upward enhancement to the sentence.
 Additional  upward enhancement
was added due to the prior criminal record, possession of the firearm, and
*DUE TO A REMORSELESS, LIFETIME CAREER IN DESECRATING IN THE  JUDGES
ESTIMATION AT LEAST HUNDREDS IF NOT THOUSANDS OF SITES DURING HIS LIFE.
 
    A standard sentence as recommended by the U.S. Probation Office, may
have been any where from 51-63 months.  Due to the
upward enhancement, the sentence actually handed down was quite severe:
 
    Shumway was sentenced to 78 months (6 and 1/2 years) in Federal Prison,
with a restitution of S5,510 to be payable upon his release.  Credit for
time served  was recommended; this will be at discretion of US Attorney
General in  consultation with Bureau of Prisons.  Three years probation upon
release. (Under Federal sentencing, the sentence is determinate - the only
chance for early release will be through credit for time served, and a
rather conservative formula of time-off-for-good-behavior - by all
estimates, Mr. Shumway will serve about six years, if behavior is in fact
good.)
 
    After the hearing, the US District Attorney (Scott Matheson) hosted a
Press Conference.  As noted above, there was close  coverage by print media
and local TV.  Matheson annonced that Shumway received the stiffest penalty
yet for any cultural      resource violation, and that his office will
continue to prosecute similar crimes vigorously.  Wil Numkena, Wayne Dance,
 and BLM
Special Agents Marty Phillips and Bart Fitzgerald  answered questions for
the press.
 
    Respectfully submitted,
 
    Garth Portillo
    BLM Utah State Archaeologist