In the summer of 1996, two college students in Kennewick, Washington, stumbled on a human skull while wading in the shallows along the Columbia River. They called the police. The police brought in the Benton County coroner, Floyd Johnson, who was puzzled by the skull, and he in turn contacted James Chatters, a local archaeologist. Chatters and the coroner returned to the site and, in the dying light of evening, plucked almost an entire skeleton from the mud and sand. They carried the bones back to Chatters’ lab and spread them out on a table.
The skull, while clearly old, did not look Native American. At first glance, Chatters thought it might belong to an early pioneer or trapper. But the teeth were cavity-free (signaling a diet low in sugar and starch) and worn down to the roots—a combination characteristic of prehistoric teeth. Chatters then noted something embedded in the hipbone. It proved to be a stone spearpoint, which seemed to clinch that the remains were prehistoric. He sent a bone sample off for carbon dating. The results: It was more than 9,000 years old.
Thus began the saga of Kennewick Man, one of the oldest skeletons ever found in the Americas and an object of deep fascination from the moment it was discovered. It is among the most contested set of remains on the continents as well. Now, though, after two decades, the dappled, pale brown bones are at last about to come into sharp focus, thanks to a long-awaited, monumental scientific publication next month co-edited by the physical anthropologist Douglas Owsley, of the Smithsonian Institution. No fewer than 48 authors and another 17 researchers, photographers and editors contributed to the 680-page Kennewick Man: The Scientific Investigation of an Ancient American Skeleton (Texas A&M University Press), the most complete analysis of a Paleo-American skeleton ever done.
The book recounts the history of discovery, presents a complete inventory of the bones and explores every angle of what they may reveal. Three chapters are devoted to the teeth alone, and another to green stains thought to be left by algae. Together, the findings illuminate this mysterious man’s life and support an astounding new theory of the peopling of the Americas. If it weren’t for a harrowing round of panicky last-minute maneuvering worthy of a legal thriller, the remains might have been buried and lost to science forever.
The storm of controversy erupted when the Army Corps of Engineers, which managed the land where the bones had been found, learned of the radiocarbon date. The corps immediately claimed authority—officials there would make all decisions related to handling and access—and demanded that all scientific study cease. Floyd Johnson protested, saying that as county coroner he believed he had legal jurisdiction. The dispute escalated, and the bones were sealed in an evidence locker at the sheriff’s office pending a resolution.
“At that point,” Chatters recalled to me in a recent interview, “I knew trouble was coming.” It was then that he called Owsley, a curator at the National Museum of Natural History and a legend in the community of physical anthropologists. He has examined well over 10,000 sets of human remains during his long career. He had helped identify human remains for the CIA, the FBI, the State Department and various police departments, and he had worked on mass graves in Croatia and elsewhere. He helped reassemble and identify the dismembered and burned bodies from the Branch Davidian compound in Waco, Texas. Later, he did the same with the Pentagon victims of the 9/11 terrorist attack. Owsley is also a specialist in ancient American remains.
“You can count on your fingers the number of ancient, well-preserved skeletons there are” in North America, he told me, remembering his excitement at first hearing from Chatters. Owsley and Dennis Stanford, at that time chairman of the Smithsonian’s anthropology department, decided to pull together a team to study the bones. But corps attorneys showed that federal law did, in fact, give them jurisdiction over the remains. So the corps seized the bones and locked them up at the Department of Energy’s Pacific Northwest National Laboratory, often called Battelle for the organization that operates the lab.
At the same time, a coalition of Columbia River Basin Indian tribes and bands claimed the skeleton under a 1990 law known as the Native American Graves Protection and Repatriation Act, or NAGPRA. The tribes demanded the bones for reburial. “Scientists have dug up and studied Native Americans for decades,” a spokesman for the Umatilla tribe, Armand Minthorn, wrote in 1996. “We view this practice as desecration of the body and a violation of our most deeply-held religious beliefs.” The remains, the tribe said, were those of a direct tribal ancestor. “From our oral histories, we know that our people have been part of this land since the beginning of time. We do not believe that our people migrated here from another continent, as the scientists do.” The coalition announced that as soon as the corps turned the skeleton over to them, they would bury it in a secret location where it would never be available to science. The corps made it clear that, after a monthlong public comment period, the tribal coalition would receive the bones.
The tribes had good reason to be sensitive. The early history of museum collecting of Native American remains is replete with horror stories. In the 19th century, anthropologists and collectors looted fresh Native American graves and burial platforms, dug up corpses and even decapitated dead Indians lying on the field of battle and shipped the heads to Washington for study. Until NAGPRA, museums were filled with American Indian remains acquired without regard for the feelings and religious beliefs of native people. NAGPRA was passed to redress this history and allow tribes to reclaim their ancestors’ remains and some artifacts. The Smithsonian, under the National Museum of the American Indian Act, and other museums under NAGPRA, have returned (and continue to return) many thousands of remains to tribes. This is being done with the crucial help of anthropologists and archaeologists—including Owsley, who has been instrumental in repatriating remains from the Smithsonian’s collection. But in the case of Kennewick, Owsley argued, there was no evidence of a relationship with any existing tribes. The skeleton lacked physical features characteristic of Native Americans.
In the weeks after the Army engineers announced they would return Kennewick Man to the tribes, Owsley went to work. “I called and others called the corps. They would never return a phone call. I kept expressing an interest in the skeleton to study it—at our expense. All we needed was an afternoon.” Others contacted the corps, including members of Congress, saying the remains should be studied, if only briefly, before reburial. This was what NAGPRA in fact required: The remains had to be studied to determine affiliation. If the bones showed no affiliation with a present-day tribe, NAGPRA didn’t apply.
But the corps indicated it had made up its mind. Owsley began telephoning his colleagues. “I think they’re going to rebury this,” he said, “and if that happens, there’s no going back. It’s gone."
So Owsley and several of his colleagues found an attorney, Alan Schneider. Schneider contacted the corps and was also rebuffed. Owsley suggested they file a lawsuit and get an injunction. Schneider warned him: “If you’re going to sue the government, you better be in it for the long haul.”
Owsley assembled a group of eight plaintiffs, prominent physical anthropologists and archaeologists connected to leading universities and museums. But no institution wanted anything to do with the lawsuit, which promised to attract negative attention and be hugely expensive. They would have to litigate as private citizens. “These were people,” Schneider said to me later, “who had to be strong enough to stand the heat, knowing that efforts might be made to destroy their careers. And efforts were made.”
When Owsley told his wife, Susan, that he was going to sue the government of the United States, her first response was: “Are we going to lose our home?” He said he didn’t know. “I just felt,” Owsley told me in a recent interview, “this was one of those extremely rare and important discoveries that come once in a lifetime. If we lost it”—he paused. “Unthinkable.”
Working like mad, Schneider and litigating partner Paula Barran filed a lawsuit. With literally hours to go, a judge ordered the corps to hold the bones until the case was resolved.
When word got out that the eight scientists had sued the government, criticism poured in, even from colleagues. The head of the Society for American Archaeology tried to get them to drop the lawsuit. Some felt it would interfere with the relationships they had built with Native American tribes. But the biggest threat came from the Justice Department itself. Its lawyers contacted the Smithsonian Institution warning that Owsley and Stanford might be violating “criminal conflict of interest statutes which prohibit employees of the United States” from making claims against the government.
“I operate on a philosophy,” Owsley told me, “that if they don’t like it, I’m sorry: I’m going to do what I believe in.” He had wrestled in high school and, even though he often lost, he earned the nickname “Scrapper” because he never quit. Stanford, a husky man with a full beard and suspenders, had roped in rodeos in New Mexico and put himself through graduate school by farming alfalfa. They were no pushovers. “The Justice Department squeezed us really, really hard,” Owsley recalled. But both anthropologists refused to withdraw, and the director of the National Museum of Natural History at the time, Robert W. Fri, strongly supported them even over the objections of the Smithsonian’s general counsel. The Justice Department backed off.
Owsley and his group were eventually forced to litigate not just against the corps, but also the Department of the Army, the Department of the Interior and a number of individual government officials. As scientists on modest salaries, they could not begin to afford the astronomical legal bills. Schneider and Barran agreed to work for free, with the faint hope that they might, someday, recover their fees. In order to do that they would have to win the case and prove the government had acted in “bad faith”—a nearly impossible hurdle. The lawsuit dragged on for years. “We never expected them to fight so hard,” Owsley says. Schneider says he once counted 93 government attorneys directly involved in the case or cc’ed on documents.
Meanwhile, the skeleton, which was being held in trust by the corps, first at Battelle and later at the Burke Museum of Natural History and Culture at the University of Washington in Seattle, was badly mishandled and stored in “substandard, unsafe conditions,” according to the scientists. In the storage area where the bones were (and are) being kept at the Burke Museum, records show there have been wide swings in temperature and humidity that, the scientists say, have damaged the specimen. When Smithsonian asked about the scientists’ concerns, the corps disputed that the environment is unstable, pointing out that expert conservators and museum personnel say that “gradual changes are to be expected through the seasons and do not adversely affect the collection.”
Somewhere in the move to Battelle, large portions of both femurs disappeared. The FBI launched an investigation, focusing on James Chatters and Floyd Johnson. It even went so far as to give Johnson a lie detector test; after several hours of accusatory questioning, Johnson, disgusted, pulled off the wires and walked out. Years later, the femur bones were found in the county coroner’s office. The mystery of how they got there has never been solved.
The scientists asked the corps for permission to examine the stratigraphy of the site where the skeleton had been found and to look for grave goods. Even as Congress was readying a bill to require the corps to preserve the site, the corps dumped a million pounds of rock and fill over the area for erosion control, ending any chance of research.
I asked Schneider why the corps so adamantly resisted the scientists. He speculated that the corps was involved in tense negotiations with the tribes over a number of thorny issues, including salmon fishing rights along the Columbia River, the tribes’ demand that the corps remove dams and the ongoing, hundred-billion-dollar cleanup of the vastly polluted Hanford nuclear site. Schneider says that a corps archaeologist told him “they weren’t going to let a bag of old bones get in the way of resolving other issues with the tribes.”
Asked about its actions in the Kennewick Man case, the corps told Smithsonian: “The United States acted in accordance with its interpretation of NAGPRA and its concerns about the safety and security of the fragile, ancient human remains.”
Ultimately, the scientists won the lawsuit. The court ruled in 2002 that the bones were not related to any living tribe: thus NAGPRA did not apply. The judge ordered the corps to make the specimen available to the plaintiffs for study. The government appealed to the Court of Appeals for the Ninth Circuit, which in 2004 again ruled resoundingly in favor of the scientists, writing: