A federal judge on Tuesday released the wife of a self-described medicine man, pending charges of peyote distribution against the couple.
Her husband, however, will remain in federal custody for the time being.
U.S. District Magistrate Judge Samuel Alba said he did not believe Linda Mooney was a flight risk, nor a danger to the community. However, Alba said he did have reservations about James "Flaming Eagle" Mooney's possible danger to the community.
Specifically, Alba said he was concerned about Mooney's apparent continued use of the drug peyote while facing state felony drug charges in 2001. Alba said he did not know if Mooney had been restricted from using peyote by the state judge as a condition of his pre-trial release at the time, but he gave federal defense attorneys the opportunity to find that out and file a motion for Mooney's release later.
The decision came after federal prosecutors called five witnesses, including several individuals who had a falling out with Mooney and his Oklevueha EarthWalks Native American Church and testified that Mooney continued with peyote ceremonies after state charges were filed. They also said Mooney threatened them with legal action if they cooperated with law enforcement officials who were investigating him.
Jim Pritchard said he left Mooney's church because he felt uncomfortable with the way Mooney conducted ceremonies.
"It was more like a group therapy setting," he said.
Pritchard said Mooney soon became suspicious that he was acting as a confidential informant for the police. It was at that time, Pritchard said, he was working with inmates at the state prison and heard the rumor that Mooney had told one of the inmates to "get rid of him." Pritchard said he took that as a threat on his life.
Pritchard said he was also warned by Mooney that if he worked with law enforcement, he might also be prosecuted for taking part in peyote ceremonies himself.
Former church financial adviser Terry Holland testified Mooney allegedly offered her money for a film she was working on about Native American ceremonies, just before she was set to testify against him in court. Holland said she took the gesture as a bribe and said Mooney later threatened to sue her if she did testify.
Holland said that she also overheard Mooney saying he was "a target of the government," and that she saw guns at the church and heard Mooney talk about getting more guns to "defend ourselves."
Defense attorneys said that through the time the Mooneys were charged by the state, the couple continued to live in their Spanish Fork home until they were arrested by federal DEA agents last week.
The couple is charged with 19 counts of distributing peyote. Each carries a 20-year prison term with a $1 million fine. Both have pleaded innocent to the charges.
A status conference has been scheduled for the couple in August.
The federal indictment against the Mooneys comes after a four-year battle with Utah law enforcement officials. The Utah Supreme Court ruled last summer that Mooney could use peyote for religious purposes.
However, federal prosecutors have said the state Supreme Court ruling has no bearing on their case, adding Congress has narrowly restricted peyote use to only members of a federally recognized tribe. Although Mooney claims he is Native American by heritage, he has yet to show proof that he belongs to a federally recognized tribe.