Post by MacBeth on Feb 11, 2009 11:53:03 GMT -5
HELENA, Mont. – A federal appeals court Tuesday reversed the conviction of a Montana man imprisoned for assaulting a woman because the law under which he was charged required that he be an American Indian.
Christopher Cruz has been serving a sentence of three years and nine months since his 2007 conviction on a charge of assault resulting in serious bodily injury, which is a federal offense when committed by an American Indian on an Indian reservation.
A three-judge panel of the 9th U.S. Circuit Court of Appeals noted that although Cruz has "descendant" status with the Blackfeet Tribe, he doesn't meet the criteria to be legally classified as an American Indian. The panel voted 2-1 to acquit Cruz of the federal charge.
The judges cited criteria such as tribal enrollment and government recognition, which could take the form of receiving assistance given only to Indians.
The defense said Cruz has 22 percent Indian blood. His appeal argued that prosecutors failed to prove he could be classified as Indian under federal law and that the trial judge erred in instructing jurors about the issue.
Cruz was convicted of injuring an intoxicated woman during an altercation on Dec. 21, 2006, outside a motel room on the Blackfeet reservation, according to court records.
Cruz, now 21, will remain in federal prison until further court proceedings are concluded, defense attorney R. Henry Branom Jr. said.
"I think this clarifies the law that applies to cases brought on Indian reservations. Mr. Cruz is quite pleased with the results," he said.
Cruz cannot face state charges in the same case because of double jeopardy, Branom said.
U.S. Attorney Bill Mercer said he will consider asking the court to rehear the appeal.
"I'm concerned about the decision," Mercer said. "We have an obligation to enforce the law with respect to violent crimes that occur on reservations. I am confident that this decision is not going to be applicable in the vast majority of cases we prosecute."
news.yahoo.com/s/ap/20090211/ap_on_re_us/indian_status_crime
Christopher Cruz has been serving a sentence of three years and nine months since his 2007 conviction on a charge of assault resulting in serious bodily injury, which is a federal offense when committed by an American Indian on an Indian reservation.
A three-judge panel of the 9th U.S. Circuit Court of Appeals noted that although Cruz has "descendant" status with the Blackfeet Tribe, he doesn't meet the criteria to be legally classified as an American Indian. The panel voted 2-1 to acquit Cruz of the federal charge.
The judges cited criteria such as tribal enrollment and government recognition, which could take the form of receiving assistance given only to Indians.
The defense said Cruz has 22 percent Indian blood. His appeal argued that prosecutors failed to prove he could be classified as Indian under federal law and that the trial judge erred in instructing jurors about the issue.
Cruz was convicted of injuring an intoxicated woman during an altercation on Dec. 21, 2006, outside a motel room on the Blackfeet reservation, according to court records.
Cruz, now 21, will remain in federal prison until further court proceedings are concluded, defense attorney R. Henry Branom Jr. said.
"I think this clarifies the law that applies to cases brought on Indian reservations. Mr. Cruz is quite pleased with the results," he said.
Cruz cannot face state charges in the same case because of double jeopardy, Branom said.
U.S. Attorney Bill Mercer said he will consider asking the court to rehear the appeal.
"I'm concerned about the decision," Mercer said. "We have an obligation to enforce the law with respect to violent crimes that occur on reservations. I am confident that this decision is not going to be applicable in the vast majority of cases we prosecute."
news.yahoo.com/s/ap/20090211/ap_on_re_us/indian_status_crime
