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rwedgee
Ice climber
CA
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Topic Author's Original Post - Aug 16, 2016 - 07:35am PT
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http://www.latimes.com/local/california/la-me-doctor-looting-artifacts-20160815-snap-story.html
Mono County doctor pleads guilty to looting Native American artifacts from public lands
Jonathan Bourne
Online photos of Jonathan Bourne, an anesthesiologist at Mammoth Hospital, digging a wooden bow from a melting glacier in the High Sierra launched a yearlong investigation. (Bob Burd)
By Louis Sahagun
August 15, 2016, 4:50 PM
A Mono County doctor pleaded guilty Monday to two felony counts connected to the looting of Native American artifacts from public lands, including Death Valley National Park.
Jonathan Bourne, 59, an anesthesiologist at Mammoth Hospital, also agreed to pay $249,372 to cover the costs of curating and storing about 20,000 relics that federal agents found in his home overlooking the High Sierra community of Mammoth Lakes, U.S. Atty. Phillip A. Talbert said.
The case stems from a yearlong investigation by the U.S. Forest Service, National Park Service, Bureau of Land Management and the U.S. Army Corps of Engineers that was launched after photos of Bourne digging a wooden bow out of a melting glacier in the High Sierra appeared on a hiking club website. Wooden splinters recovered at the glacier by federal archaeologists matched the bow in Bourne’s possession, officials said.
As part of his plea deal, Bourne will not be allowed on public lands administered by any of the four federal agencies; the period of the ban will be imposed Nov. 7 during sentencing in U.S. District Court in Fresno.
The Mammoth Mountain downhill and cross-country ski areas will also be considered off-limits, Talbert said.
Public lands within a one-mile radius of Bourne’s home were excluded so that he could attend to personal responsibilities including commuting to work and walking his dog, authorities said. However, the amateur botanist will not be allowed to collect mushrooms and other flora and fauna from any public lands.
In an earlier interview, Bourne declined to comment other than to say: "The blog has gotten me in trouble with the authorities. The bow in question has gotten me in trouble as well. It might have legal consequences."
A federal grand jury in 2015 charged Bourne with eight counts of unlawful transportation of archaeological resources removed from public lands; six counts of unauthorized excavation, removal, damage or defacement of archaeological resources removed from public lands; six counts of injury or depredation to government property; and one count of possession of stolen government property.
If convicted of all counts, Bourne would have faced up to 50 years in prison, according to the indictment. He also would have faced forfeiture of all vehicles and equipment used in connection with the violations.
Under the plea agreement, Bourne admitted to unlawfully removing glass trade beads in 2010 from a prehistoric cremation and burial site in the Humboldt-Toiyabe National Forest in Nevada. A year later, he unlawfully altered a prehistoric site in Death Valley National Park by removing a tool made from a bighorn sheep horn and three etched stone tablets considered sacred to the Timbisha Shoshone tribe.
Bourne faces a maximum statutory penalty of two years in prison and a $20,000 fine for each of the two felony counts. However, “the government has agreed not to request any time in custody for Mr. Bourne,” Lauren Horwood, a spokeswoman for the U.S. attorney’s office, said.
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phylp
Trad climber
Upland, CA
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Aug 16, 2016 - 08:09am PT
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Thanks for posting this. I remember this case and it's good to see the outcome.
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10b4me
Mountain climber
Retired
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Aug 16, 2016 - 09:04am PT
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I always wonder in cases like this what motivates these guys to possess these items
They sell them on the black market.
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kunlun_shan
Mountain climber
SF, CA
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Aug 16, 2016 - 09:16am PT
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Interesting story, and that this came to light via Bob Burd's 2014 Sierra Challenge. The LA Times photo is from Bob's report here:
http://www.snwburd.com/bob/trip_reports/divide_bm_1.html
just search the above page for "native american bow"
edit - pretty outrageous removing etched stone tablets from Death Valley! that is not at all ok.
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canyoncat
Social climber
SoCal
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Aug 16, 2016 - 09:39am PT
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20,000 relics? He's an ass and got off easy.
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ron gomez
Trad climber
fallbrook,ca
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Aug 16, 2016 - 10:04am PT
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If I took 20,000 pieces from a museum or gaured US Site would I get off as easy? Wonder if my employer would still pay me to work for them after I put their name out in this light? It's disgraceful what was done on both sides.
Peace
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John M
climber
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Aug 16, 2016 - 10:06am PT
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I'm not defending him, but if you have ever collected arrowheads, then you are guilty too. Every tiny bit and piece counts as one artifact. So a tiny box of bits and pieces of arrowheads could easily add up into the hundreds or even thousands. It never attracted me, but I have friends who have collected since they were little kids. It was fairly common 60, 70 or more years ago. One friend has a fairly large collection, but he also donates the best pieces to a museum. Most of those then go into boxes at the museum and are rarely ever seen again because most museums already have great pieces and you can only display so many. It is legal to collect on private property.
Me.. I prefer leaving them in place because its fun to spot them. It takes you back to a different time.
Again.. I am not defending this guy.
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Coach37
Social climber
Philly
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Aug 16, 2016 - 10:07am PT
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Wow. I had sympathy for the guy due to the size of the fine, thinking it was just the one thing, the bow. But thousands of artifacts? Different kettle of fish right there. And surely a doctor would be smart enough to know about antiquities act, NHPA, and NAGPRA.
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Fat Dad
Trad climber
Los Angeles, CA
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Aug 16, 2016 - 10:26am PT
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I'm glad that the artifacts will be curated/returned, etc., for proper preservation and the like. I don't really feel bad for this guy (apart from the fine), but, like John M, I kind of wonder at whether most would really be aware of the laws he or she would be breaking. I know ignorance of the law is no excuse, and 200,000 is a crazy amount of stuff, but there is a natural tendency to want to collect unique objects. We all do it. The history of civilization is ripe with examples of objects taken by and displayed by others. Ever been to the British Museum? A good outcome in this case in that the items are safe, but it's seems too easy to be too judgmental.
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JEleazarian
Trad climber
Fresno CA
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Aug 16, 2016 - 10:52am PT
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I remember when everyone looked for arrowheads. The one thing that is probably OK about this guy is that he appeared simply to collect, rather than to sell in the black market. Still, it surprises me that a physician would act in either ignorance or defiance of a law almost everyone who uses the public lands knows and respects.
I think the relatively lenient penalty reflects the U.S. Attorney's office belief that the retention - rather than sale - of the artifacts, together with a quarter of a million dollar payment for curating them, together with felony convictions, together with a fine yet to be determined, constitutes sufficient punishment for what he did. It doubtless also reflects that he must have cooperated with authorities after the investigation started. The fact that the recovery of the bow was posted on a website is at least some evidence that he did not act in knowing violation of the law.
I don't know how the rest of you feel, but I know from personal experience that a federal felony conviction has lifelong, damning consequences. I'm not sure what would happen to someone who wasn't a wealthy physician who committed these acts, but based on my experience with the U.S. Attorney's office here, if that person was forthcoming and honest, and did what was in their power to rectify the situation, I suspect that person would face no detention either. If that person went to trial and lost, however, they'd be looking at a sentence of several years and a crippling fine.
John
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JEleazarian
Trad climber
Fresno CA
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Aug 16, 2016 - 11:02am PT
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No, DMT. It's that professionals generally know the law better, and have much more to lose if they fail to follow it.
In addition, the training of physicians, in particular, involves an inculcation of duty that exceeds that of most other professions. I will admit, though, that in my "dorm" of 90 inmates at Taft, we had two physicians, a podiatrist, five attorneys, and numerous accountants -- but no dentists. So apparently dentistry attracts the most honest professionals.
John
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Jon Beck
Trad climber
Oceanside
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Aug 16, 2016 - 11:08am PT
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It is unfathomable that a doctor, living in Mammoth Lakes, would be unaware that what he was doing is illegal. Guy is a jerk.
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fear
Ice climber
hartford, ct
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Aug 16, 2016 - 11:15am PT
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People have always collected items from the past. Remember that the pillage of Egypt's antiquities was accepted for decades by the ultra-rich. The point at which grave robbing simply becomes collecting is merely a function of time and public sentiment.
The settlement seems fair. Sending him to prison would serve no good as he's not a threat. This way he has to fund his own little museum with artifacts that might have otherwise just been pocketed and lost or destroyed.
Another reason to never publicly to use "social media".
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Ken M
Mountain climber
Los Angeles, Ca
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Aug 16, 2016 - 01:02pm PT
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I don't know how the rest of you feel, but I know from personal experience that a federal felony conviction has lifelong, damning consequences. I'm not sure what would happen to someone who wasn't a wealthy physician who committed these acts, but based on my experience with the U.S. Attorney's office here, if that person was forthcoming and honest, and did what was in their power to rectify the situation, I suspect that person would face no detention either. If that person went to trial and lost, however, they'd be looking at a sentence of several years and a crippling fine.
An additional penalty not mentioned here, is that the felony conviction will almost certainly result in a revocation of his license to practice medicine.
The average Anesthesiologist makes about $300,000 a year. Being a relatively young 59 y/o, it is likely that he would have had another 10 years of practice, so he would be forfeiting about 3 million dollars in potential salary.
BTW, I think he should also have been fined for the agency(s) payroll for the people who had to investigate and prosecute this case. Taxpayers should not have to pay for this.
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Bullwinkle
Boulder climber
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Aug 16, 2016 - 01:09pm PT
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For sure give the artifacts to the proper authorities. The same authorities that committed a genocide in the first place and put those remaining into open air jails (reservations) Instead of wasting money on chasing artifact hunters use the money for native Americans, but it's always much easier to ignore our mess than clean it up.
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fear
Ice climber
hartford, ct
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Aug 16, 2016 - 01:10pm PT
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He should take the Hillary defense that his intentions were good ones.
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Ken M
Mountain climber
Los Angeles, Ca
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Aug 16, 2016 - 01:19pm PT
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For sure give the artifacts to the proper authorities. The same authorities that committed a genocide in the first place and put those remaining into open air jails (reservations) Instead of wasting money on chasing artifact hunters use the money for native Americans, but it's always much easier to ignore our mess than clean it up.
Actually, no. They are all dead, and the current people are totally different.
Otherwise, we'd look at various Indian Nations based upon the atrocities of their forebears, and that is not how we should do things in America.
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Lorenzo
Trad climber
Portland Oregon
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Aug 16, 2016 - 01:57pm PT
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I was curious, so just looked at my medical records from emergency knee surgery in 2014 at Mammoth hospital after I took a fall.
The dude was the anasthesiologist. Nice guy and seemed really competent.
He got called in from vacation for the surgery.
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rwedgee
Ice climber
CA
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Topic Author's Reply - Aug 16, 2016 - 03:29pm PT
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http://www.latimes.com/science/la-me-artifacts-20150913-story.html
The original bust; and previously paid $1 million restitution for starting a fire.
Ancient finds, modern laws: U.S. investigates doctor over 30,000 artifacts
Artifacts
Photos of Jonathan Bourne, an anesthesiologist at Mammoth Hospital, appeared on a hiking-club website.
(Bob Burd)
Louis SahagunBy Louis Sahagun•Contact Reporter
September 12, 2015, 10:00 AM |Reporting from MAMMOTH LAKES, CALIF.
In one photograph, Dr. Jonathan Bourne crouches over an ancient wooden bow sticking out of a melting glacier in the High Sierra. In another picture, he is digging the bow out of the ice with a rock.
The photos of Bourne, an anesthesiologist at Mammoth Hospital, appeared on a hiking-club website — and soon, he had visitors.
Federal agents searched Bourne's mansion in December, recovering roughly 30,000 ancient items they believe were unlawfully taken from hundreds of public land sites across the West: stone mortars, glass beads, projectile points and pendants. They also seized logbooks containing details of his archaeological finds.
Bourne, 59, has not been charged. Federal authorities are only now close to finishing their investigation, said Michael Grate, a U.S. Forest Service special agent. Wooden splinters recovered at the High Sierra glacier by federal archaeologists matched the bow in Bourne's possession, officials said.
Bourne declined to comment other than to say: "The blog has gotten me in trouble with the authorities. The bow in question has gotten me in trouble as well. It might have legal consequences."
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The investigation comes three years after Bourne's brother, Dr. Andrew Bourne, who served as chief of staff at Mammoth Hospital, committed suicide after his arrest on charges of illegal communications with a minor to facilitate sexual activity.
Mark Coleman, a Fresno attorney representing Jonathan Bourne, said his client is cooperating with investigators. "A large number of the artifacts he turned over to them were collected legally," Coleman said.
Bourne never intended to keep the bow, Coleman said. Instead, Bourne planned to "have a well known and respected archaeologist examine it, in hopes of determining what organization should receive the item," Coleman said.
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The website that carried the photos of Bourne's discovery included a post by Bob Burd, 58, a Fresno man who organized the hike into the Sierra National Forest.
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According to the post, Burd was hiking down a mountain in the area Aug. 19, 2014, when Bourne shouted that "he had discovered a Native American bow sticking out from the ice and rock in what remained of a glacier."
"He immediately procured some stone tools to start chopping out the ice around the bow to extract it," Burd's post said.
Later that day, the post says, "Jonathan would only say that he had been mistaken about his find and that it turned out only to be a stick, though he couldn't say this without a grin on his face."
Bourne's attorney and Burd disagree on what happened that day.
Michael Karch, an orthopedist in Mammoth Lakes and one of Bourne's close friends, described him as a humanitarian, environmentalist and member of the nonprofit Mammoth Medical Missions, which provides disaster relief overseas. Karch said Bourne "planned to donate his collection to the Santa Barbara Museum of Natural History when he died."
"This investigation is a waste of taxpayers' money," Karch said. "These are arrowheads, and they've been laying in the dirt for thousands of years."
That kind of talk rankles Craig Lee, an archaeologist with the University of Colorado and an expert in the study of ancient materials that are emerging from ice patches around the world as temperatures warm from global climate change.
"Permanent patches of ice and snow in the lower 48 states are only found on public lands," Lee said. "That means these naturally climate-controlled repositories of cultural artifacts are protected by federal law."
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The federal investigation is not the first time Bourne has run into trouble for his actions on public lands.
In 2011, Bourne and wife Penny paid $1-million restitution to the federal government for causing a fire in 2006 that burned about 7,435 acres of the Inyo National Forest. The fire was sparked by embers from a pit in which the couple had been burning brush.
Separately, in February, an Inyo County man was indicted on federal charges of excavating artifacts along the Eastern Sierra for decades despite objections by Native American leaders.
In 2013, thieves cut five petroglyph panels from an eastern Sierra site on Bureau of Land Management land north of Bishop. The panels were later recovered, but no arrests have been made.
Federal archaeologists and curators at Inyo County's Eastern California Museum are sorting through several thousand artifacts unlawfully collected by an Inyo National Forest district ranger who died in 1973.
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