Bones stolen, lost or used for the government's testing include most of both femurs, a complete metatarsal, a section from the only remaining major long bone of the legs, and part of a vertebra and other pieces found on the beach. In addition, between August 1996 and October 1998, when the skeleton was finally moved from an admittedly inadequate repository, new cracks appeared in the skull and old cracks widened and lengthened. Defendants now claim the collection has increased to 380 pieces, suggesting that there has been additional breakage. The federal defendants are disseminating propaganda about Kennewick Man. Defendants are using their exclusive access to the skeleton to create a one-sided, distorted picture of Kennewick Man and their study activities.
Defendants have to date declined to release the full results of the first phase of study.
Given the extent of the misinformation that has been circulated, plaintiffs believe that defendants are deliberately misstating data, providing inaccurate information, and releasing certain selected information in an attempt to create false impressions about the origin of this skeleton as well as to suggest that plaintiffs lack credibility. Schneider affidavit, Exhibit 1 at p. 1. In fact, 30.3 grams were taken, half again as much as announced. Defendants have leaked through the press claims that the skeleton was intentionally buried by other humans because of the presence of red ochre. Neither Dr. Owsley nor Dr. Chatters detected red ochre, Owsley affidavit, Chatters affidavit.