MINNEAPOLIS (AP) – A judge has dismissed indictments against two defendants accused of poaching walleye and other fish from the Leech Lake and Red Lake reservations.
U.S. District Judge Richard Kyle dismissed indictments against Thomas Sumner and Brian Holthusen on Monday. He did not provide reasoning, but prosecutors asked for the dismissal last week “in the interests of justice.”
Sumner and Holthusen were among 10 people indicted last April. In November, U.S. District Judge Tunheim dismissed cases against five defendants, saying an 1837 treaty guarantees hunting and fishing privileges.
Attorneys for Sumner and Holthusen argued they were also members of the Red Lake tribe and should also have their cases dismissed.
Cases against two other defendants are pending. Another has pleaded guilty and has been trying to withdraw his guilty plea.