To: Members Of The Press
Date: March 8, 2000
Subject: Darrell Edward Young Elk– Sweat Lodge Lawsuit
Contact Person
JAMES S. THOMSON
Telephone 510 525-9123
Darrell Edward Young Elk Rich is scheduled to die by lethal injection in the early morning hours of March 15, 2000. Knowing that Young Elk's days on earth are limited, the State now seeks to prevent Young Elk from participating in the Sacred Sweat Lodge Ceremony, even though this ceremony is the essential and required last rite recognized by his religious faith. This action by the State violates the United States Constitution and the International Covenant on Civil and Political Rights. Young Elk is now forced to seek a federal court order to prevent these violations from occurring.
Young Elk is a Cherokee. He has been practicing his Native American religious faith for over a decade. Young Elk’s Cherokee ancestry is supported by the trial record and other legal documents. His Native American heritage has been known and undisputed for many years. As Richard Williams, the San Quentin Prison Native American Spiritual Leader has written, Young Elk “is a descendant of the Great Cherokee Indian Nation.”
In May 1955, the Los Angeles County Bureau of Adoptions determined that Young Elk’s natural mother and father were “Indian & Irish.” Bureau of Adoptions Family History on Child. At the trial in this case, Young Elk’s adoptive mother testified that he “is part Indian.” Indeed, one of the trial expert witnesses, Dr. Alfred French, also acknowledged Young Elk’s heritage. More recently, the State of Nebraska reported that Young Elk’s biological brother, Carl Young, was “Irish/American Indian.”
During his time in prison, Young Elk has been able to document his family history establishing his ancestral heritage. He has been involved in Native American spiritual practices at San Quentin Prison for many many years. He has been a member of the American Indian Culture Group at San Quentin since 1990.
To prepare himself spiritually for death and entry to the spirit world, Young Elk needs to participate in the Sacred Sweat Lodge Ceremony. It is required of adherents to his faith.
A sweat lodge is located on the grounds of San Quentin prison, built in approximately 1980. Sweat Lodge ceremonies are performed regularly for the non-death row inmates at San Quentin State Prison.
The Sweat Lodge is the Native American Church, and has been in use since time immemorial. The traditional ceremony is a form of purification and cleansing of body, mind, and spirit. During the ceremony, the participant is led through prayers, song, and medication by a medicine person or spiritual leader.
The Sacred Sweat Lodge Ceremony is the only way for Young Elk to make amends to his Creator for wrongs committed and give thanks for blessings received. Without the Sweat Lodge Ceremony, Young Elk has no way of making amends with those that he has wronged and with his Creator.
Leonard Foster intends to conduct the Sweat Lodge Ceremony for Young Elk. Leonard Foster is a Sun Dancer and a Native American Church member. He has conducted Sacred Sweat Lodge Ceremonies at San Quentin State Prison since October 1992. He has been a Spiritual Advisor and Director of the Navajo Nation Corrections Project since July 1983, and he has been a Spiritual Advisor for approximately 1500 Native American inmates in 96 state and federal prisons throughout the United States.
Leonard Foster recently conducted the Sacred Sweat Lodge Ceremony for Arizona condemned inmate Darrick Gerlaugh, prior to Mr. Gerlaugh’s execution on January 30, 1999.
There are no alternative means of performing the “last rites” of Young Elk’s religion. The ceremony cannot be performed outside of the sweat lodge.
Young Elk’s participation in the Sacred Sweat Lodge Ceremony during the days preceding his death is essential to his free exercise of religion and is required by his religion. The State’s stated intention of preventing Young Elk from participating in this ceremonies unlawfully burdens and abridges the right of plaintiffs Young Elk, Henry Adams, and Leonard Foster to freely exercise their religion.