Page 107 of Dead Mountain

“I knew them, yes, from a previous visit to the cave.”

“And what happened next?”

“They told me they were going to remove the two Indian bodies. I said I’d better check with the sheriff first, but they ignored me and went ahead with the digging.”

“And you checked with the sheriff?”

“Yes. It took a while, because I had to get into my vehicle and drive partway down the mountain to get service. I called and the sheriff said he was coming right up.”

“And then what happened?”

“The sheriff arrived about an hour and a half later, just as they were taking out the first of the two in a body bag.”

“And who was ‘they’?”

“The defendant, Skip Kelly, and his sister, Nora. I was waiting for the sheriff in the parking area. When he arrived, we started down the trail to the cave. That’s when we encountered them coming up carrying the body.”

“And then?”

“Sheriff Hawley informed them that the bones were government property. When they ignored him, he tried to stop them from carrying the body bag to their van.”

“And then?”

It seemed to Nora that Baca’s face had darkened slightly. He hesitated.

“What happened then, Sheriff Baca?” the prosecutor urged.

“The sheriff blocked their path and told them to put down the bones.”

“Can you describe for us that exact scene? It will help the jury form an accurate picture in their minds. I assume someone was carrying the bag in front, and another from behind?”

“Yes. Um, Skip Kelly was in front and Nora Kelly was behind.”

Nora almost rose from her seat. She managed to stop herself, then turned to Lightfeather. “That’s a lie,” she whispered. “I was the one in front.”

Lightfeather laid a restraining finger on her forearm. “Just listen. Don’t react.”

“Please go on, Deputy Baca,” Scowsen said.

“So when the sheriff blocked the path, Skip said something like ‘Get out of our way.’”

“To whom?”

“Sheriff Hawley.”

Nora felt the blood flush to her face. The lying had started in earnest. She couldn’t believe how this man, a sworn officer of the law, could lie so brazenly—in front of a judge, a jury . . . not to mention those watching who knew the truth.

“And then?”

“The sheriff repeated the order to put down the body. He said it was federal property.” Baca took a deep breath, and the rest all came out in a rush. “Nora Kelly said something about NAGPRA law and how she was working for Isleta Pueblo. The sheriff repeated that the bones were federal property and she was engaged in theft. Then Skip Kelly started yelling about how this was a sacred Native American burial. He insulted the sheriff. He was, uh, angry and when the sheriff wouldn’t move out of his way, he dropped the handle of the body bag, seized the sheriff by the shoulders—catching him off guard—and violently threw him to the ground. Then he bolted. I ran after him, apprehended him. The defendant tried to hide his phone but I took it from him. I cuffed him and read him his rights.”

“And the sheriff?”

“He was on the ground. Stunned—the ground was covered with sharp rocks. Anyway, after Sheriff Hawley had recovered enough to function, we took the defendant in handcuffs to the police vehicle and drove off.”

“And the sister, Nora Kelly? What did she do?”

“She was hysterical. Screaming. Followed us to the parking area until we drove away.”

---