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State of Utah v. James and Jeanne Redd

954 P.2d 230 (1998)

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State of Utah v. James and Jeanne Redd

Utah Court of Appeals
954 P.2d 230 (1998)

KL

Facts

Police were called to investigate after receiving a report of individuals digging in an area known to contain ruins from an ancient Native American tribe. When an officer arrived, a man who owned land near the site said he had not given anyone permission to dig. Police found James and Jeanne Redd (the Redds) (defendants) at the site, and they said they had the landowner’s permission to dig there. The Bureau of Land Management (BLM) got involved and determined that although its land survey listed the land as privately owned, the land actually belonged to the state. BLM also found several human bones scattered around the dig site. They were estimated to be one thousand years old. The bones did not appear to have been placed in the ground in any organized way, and the site was not known to be a cemetery or burial ground. The Redds were charged with abuse or desecration of a dead human body by the intentional and unlawful disinterring of a buried or interred body. After a preliminary hearing, the trial court dismissed the charges, ruling that the state’s interpretation of the law was too broad and that such ancient remains could not reasonably be considered human bodies under the terms of the law. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Jackson, J.)

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