A judge for the Makah Nation of Washington deferred prosecution of five rogue whalers after she was unable to convene a jury to hear the case.

Judge Stanley Myers called more than 200 people to serve as potential jurors. But nearly everyone said they were related to the whalers or had strong feelings about the case, The Seattle Times reported.

So Myers said he would defer prosecution for one year and dismiss the charges against the five men if they stay out of trouble. He ordered each to pay a $20 fine.

Get the Story:
Makah judge fails to empanel jury to prosecute whalers (The Seattle Times 5/15)
Tribal trial ties whalers to federal sentence terms (The Peninsula Daily News 5/15)

Relevant Documents:
Draft EIS on Makah Whale-Hunting Request | Q&A

9th Circuit Decision:
Anderson v. Evans (June 7, 2004)

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