CORRECTIVE: A spokeswoman for U.S. District Attorney Jeff Sullivan says he did not suggest electronic home monitoring as part of probation for five Makah whale hunters had they pleaded guilty to breaking the Marine Mammal Protection Act.
Instead, Emily Langlie, public affairs officer for Sullivan’s office, said he ruled it out.
The report on Monday’s change-of plea hearing appeared Tuesday on Page A1 and below.
An attorney for one of the defendants said another person made the suggestion — Sullivan’s assistant prosecutor, James Oesterle.
Jack Fiander of Yakima, who represents defendant Andy Noel, said Oesterle mentioned both community service and electronic monitoring, as well as a possibility of $100,000 fines.
Earlier story:
TACOMA — A federal case against five Makah whale hunters probably will go to trial April 8 now that a proposed plea bargain has dissolved.
The deal, which would have given no jail time to the men, fell apart Monday after U.S. Attorney Jeff Sullivan said the government might curtail the five defendants’ whaling rights — even if the tribe wins the right to resume whaling.
Had the plea bargain survived, the tribe would have dropped its own charges against the five, the Makah Tribal Council said.
The next step in the federal process will come at 3 p.m. Thursday, when Magistrate J. Kelley Arnold could preside over another attempt to settle the case.
But Jack Fiander, attorney for defendant Andy Noel, said the men probably won’t accept another offer.
“I’m dealing with folks who have 200 years of being lied to,” he said, “and the government just broke their trust again.
“And they’re not going to go back to the table.”
