COUPLE PLEAD NOT GUILTY TO PEYOTE CHARGES

Founded Church: The Two Claim It Is Their Right To Use The Drug In Their
Religious Ceremonies

A Utah County man and his wife who insist it is their First Amendment right
to smoke peyote during Native American religious ceremonies pleaded not
guilty Friday to federal drug counts.

U.S. Magistrate Samuel Alba set a hearing for Tuesday to determine if
Benjamin residents James "Flaming Eagle" Mooney, 61, and Linda Mooney, 51,
should remain in custody until their trial.

"It may be months down the road before this matter is resolved," Alba said.

The prosecution is the latest twist in a dispute over the use of peyote by
the couple and members of the church they founded, the Oklevueha Earthwalks
Native American Church.

In 2000, the Mooneys were charged in state court with a dozen first-degree
felony counts after police seized 12,000 peyote buttons from their church.
The charges were dropped last year after the Utah Supreme Court ruled the
Mooneys and other members of the Native American Church, regardless of
race, can use the hallucinogenic cactuses in religious ceremonies.

However, under federal law, prosecutors contend only enrolled members of
federally-recognized tribes can use the substance. Assistant U.S. Attorney
Richard Lambert said Friday that James Mooney cannot legally smoke or
distribute the drug to other members of his church.

An indictment claims Mooney fraudulently obtained a membership card from
the Oklevueha Band of Yamassee Seminole Indians. The band asked him to
return the card and terminated his affiliation after it found out about
Mooney's activities involving the hallucinogen.

The indictment alleges Mooney continued to obtain peyote with his
membership card despite the termination.

Eileen Quintana, a Navajo who attended the hearing and smokes peyote as
part of her religion, said the Mooneys' use was disrespectful to her faith.
"We do not need Mooneys to come in and take the most sacred thing away from
our people," she said.

But members of the Oklevueha Earthwalks church contend that freedom of
religion should prevail.

"It's a shame that as the Fourth of July celebration gets near, a bona fide
religion is being persecuted on the basis of race," said church member
David Hamblin.

James Mooney is charged with 14 drug-related charges and Linda Mooney faces
13 counts. The maximum penalty for each count is 20 years in prison and a
$1 million fine.

Church member Nicholas Stark, 54, of Ogden, was accused in the same
indictment of distribution of peyote, possession of peyote with intent to
distribute and possession of coca leaves. In a separate 2000 raid, police
had seized peyote and coca leaves from his property. State charges against
Stark were dropped after the Utah Supreme Court ruling.