Outside the Motel

Outside a motel in a town on a Montana reservation, a man on a cordless phone was approached by a drunk man from the next room. A fight followed, and the other man was severely injured. Under the federal law used, which covers crimes by Indians in Indian country, prosecutors had to prove he was an Indian. He was 29/128 Blackfeet and 32/128 Blood, a Canadian tribe, and as the son of an enrolled member he had 'descendant' status, making him eligible for some Indian health, education and hunting benefits and subject to tribal court, where he had once been prosecuted. But he was not enrolled in any tribe, had never used those benefits, had lived off the reservation for years, and had never voted in tribal elections or joined ceremonies. The defence said he was not legally an Indian.