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Utah's top federal law enforcement official fired back at critics of last week's raid to break up a ring allegedly trafficking ancient American Indian artifacts, saying that agents followed rules and that local law enforcement was notified in advance.
"This case involves significant collections of Indian artifacts taken from public and tribal lands by excavators, sellers, and collectors, including priceless artifacts sacred to Native Americans, not 'trash and trinkets' as some have suggested," U.S. Attorney Brett Tolman said in a statement late Tuesday.
"None of the charges in the indictments is for mere possession of a protected artifact. The charges in the indictment are for trafficking in archaeological artifacts, which includes the sale, purchase or exchange of protected artifacts," Tolman said.
Last week, federal charges against two dozen people were released and agents descended on the homes of the accused, searching for relics. Agents had worked with a confidential informant who had purchased $335,685 in relics over two years. One of the men indicted, Blanding physician James Redd, is believed to have committed suicide in the wake of the raids.
Tolman's defense of the raid came in response to complaints from southern Utah residents and even Utah's senators who on Tuesday asked U.S. Attorney General Eric Holder to investigate whether excessive force had been brought to bear.
"The perception in the community is that more
Sen. Bob Bennett said he does not condone illegal activity, but questions "whether the level of response was appropriate given the charges."
Hatch and Bennett championed Tolman's selection as U.S. attorney three years ago.
The senators had expressed a desire to hold congressional hearings into the raids. Those hearings appear unlikely, but aides say the senators may receive a briefing from the Interior Department later this week.
Tolman asserts the raid was handled professionally and by-the-book
He said about 150 federal law enforcement agents and employees participated in the arrests of 23 individuals. Decisions on whether the agents would be armed were made based on established procedures, the suspect's criminal history and whether the defendant was believed to possess firearms.
Tolman said that six days prior to the raid, officials notified San Juan County Sheriff Mike Lacy. Local police departments were also warned in advance.
San Juan County Commissioner Bruce Adams said that Sheriff Lacy is conducting an internal investigation into the arrests, interviewing each of the people arrested and asking them to describe what happened and whether they were abused.
One of those arrested was David A. Lacy, a high school teacher and brother of the sheriff. David Lacy was charged with seven felonies and two misdemeanors for allegedly selling items to an undercover federal informant for $8,400.
Adams said one suspect, Nick Laws, sustained four broken toes during his arrest. Others were "roughed up against the car and thrown to the ground with handcuffs on," the commissioner said.
"We're just trying to document what we think was behavior that could have contributed to the death of a doctor. That's our biggest concern," Adams said. "If you come in with heavy-handed tactics and verbally and physically abuse people just in the arrest process just because you believe they're guilty, that concerns us."
Lt. Gov. Gary Herbert said Tuesday he is waiting for the results of Lacy's review before he decides whether the state needs to get involved.
"I'm concerned that there could have been some overreaction and some overstepping of the bounds that might have been inappropriate," Herbert told The Tribune on Tuesday. ""I want to know what the facts are regarding the matter and then the state will take a thoughtful, methodical approach to what our reaction will be."
Herbert said it is possible that the state's Department of Public Safety might help review the information and the state might convey concerns to federal officials.
Gov. Jon Huntsman Jr., who Herbert is expected to replace when Huntsman is confirmed as ambassador to China, had expressed similar sentiments through his spokeswoman, Lisa Roskelley, saying more facts need to be uncovered and it should be up to Congress, not the state, to investigate.
Herbert says he has known Lacy for years, and has no reason to doubt the integrity of his investigation.
Thomas Burr contributed this story.
