PROVO, Utah - James "Flaming Eagle" Mooney and his wife have been bound over for trial on drug charges stemming from Mooney's alleged distribution of peyote in his Oklevueha Earth Walks Native American Church.
Mooney, 57, and his wife, Linda, 43, are charged with first-degree felony drug distribution and racketeering counts, alleging the couple ran an ongoing criminal enterprise at their six-acre Benjamin complex.
A dozen church members - all non-Indians - testified at Thursday's preliminary hearing that Mooney was their spiritual leader.
Fourth District Judge Gary Stott ordered the Mooneys to stand trial.
Mooney has filed a lawsuit in federal court claiming Utah County sheriff's officers illegally raided his home and church last October, seizing 12,000 peyote buttons and other property.
He contends constitutional protections for freedom of worship allow him and his non-Indian church members to use peyote in religious ceremonies.
Prosecutor David Wayment, said, "I don't doubt any of these people were sincere in their beliefs. But it is undisputed that they are not Indians."
A federal law allowing the use of peyote by members of the Native American Church in religious ceremonies leaves no doubt that the users must be enrolled in a federally recognized tribe, Wayment said.
Mooney said he cannot prove his claim that he is one-quarter Seminole.
Nevertheless, his Oklevueha Earth Walks Native American Church - which he founded several years ago - is recognized by the Texas authorities who distribute peyote buttons under the auspices of that state's Department of Public Safety.
Witnesses said Mooney trained others to perform ceremonies, and designated follower Nick Stark - who is charged in Weber County with illegal distribution of peyote - to organize the first expansion of the church by starting an Ogden chapter.
Outside court, Stark said peyote has helped drug addicts, like himself, and people who have been emotionally abused.