Blanding man will face all artifacts charges

SALT LAKE CITY — A Blanding man facing as many as 18 different felonies in connection with dealing in Native American artifacts will face all of the charges leveled against him, a federal court judge ruled Friday. Joseph M. Smith, 32, was indicted on 28 separate counts of stealing and selling a number of artifacts and other archaeological resources from sacred or public land. He was one of 26 netted last year in a government sting that cracked down on artifacts collecting, trading and selling in the Four Corners area. He has pleaded not guilty to all of the counts.

Smith's attorney filed a motion to dismiss 14 of the 28 counts on the basis that the charges were "multiplicitous," or repetitive, and constituted double jeopardy. But U.S. District Judge Ted Stewart wrote in his ruling that the charges were all unique, proved elements of different crimes, and he denied the motion.

When it comes to the artifacts Smith is accused of possessing, including a copper bracelet, a woven sandal, a turquoise pendant and a paint pot, Stewart ruled that there can be separate charges stemming from the same object, because the statutes have different requirements. One requires just that the object be an archaeological resource older than 100 years and valued at more than $500, while another relates to artifacts that specifically "belonged" to an "Indian tribal organization" and had a value in excess of $1,000.

If an object fulfills both these requirements, separate charges relating to that object are not redundant, Stewart ruled.

— Emiley Morgan