A celebration of minority religious rights in Utah among members of the Oklevueha EarthWalks Native American Church came to an abrupt end Thursday when church leaders were told they may be facing federal prosecution.
Oklevueha founder James Warren "Flaming Eagle" Mooney received a letter on Thursday from the U. S. Department of Justice informing him that the federal government will not recognize a June ruling of the Utah Supreme Court that the church can distribute peyote to non-American Indians.
"Although the Utah Supreme Court has recently ruled that you may sell or otherwise distribute peyote under state law, that ruling does not control or bind the federal government," wrote U.S. Attorney Paul Warner and U.S. Department of Justice Criminal Division Chief Richard N.W. Lambert in the letter, a copy of which was obtained by the Daily Herald. "Please be advised that this office is reviewing your conduct for consideration of seeking federal charges."
If federal charges are filed, Mooney said he would defend his case all the way to the U.S. Supreme Court if necessary.
Mooney and his wife, Linda, founded the Utah chapter of the Oklevueha EarthWalks Native American Church in 1997 in Benjamin, near Spanish Fork. In October 2000, Utah County Sheriff's deputies raided the church, saying Mooney was
illegally distributing peyote to non-American Indians.
Deputies seized nearly 17,500 peyote buttons in addition to the church's computers and records. Mooney and his wife were arrested the next month and posted bond; the Utah chapter of the church has since declared bankruptcy.
In 2001, the Mooneys were charged with 10 first-degree felony counts of operating a controlled substance criminal enterprise, and one count of racketeering, a second-degree felony. The couple faced life in prison for the charges. In June, the Utah Supreme Court ordered those charges dismissed.
In an interview with the Daily Herald, Mooney said he believes Utah County attorney Kay Bryson is encouraging the federal charges because his office lost the Supreme Court case. Mooney has written a letter to U.S. Sen. Orrin Hatch, R-Utah, asking for intervention.
"I feel and think this is Mr. Bryson's last ditch effort to cover up his inappropriate behaviors, raiding a legally, lawfully established church, and for arresting three of its spiritual leaders," said Mooney.
Speaking to the Daily Herald late Thursday, Bryson said he had "no response" to Mooney's comments about him.
"I can tell you that the Justice Department was unhappy with the decision that came from our state Supreme Court, and that the contact between my office and federal authorities was initiated by federal authorities," he said.
Mooney said if ward leaders of The Church of Jesus Christ of Latter-day Saints were prosecuted in the same way for distributing the sacrament to church members, there would be an outcry of religious persecution. Any erosion of religious freedom threatens other churches, he said.
"I would like people to really understand what is at stake here," he said. "This puts all religions at risk."
Mooney said he is confident that when the Justice Department reviews all the facts of the case, no charges will be brought against him.
Melodie Rydalch, spokeswoman for the U.S. Attorney's Office, declined to comment.