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SCUBA DIVING PAGE ONE :: WORLD NEWS :: INDUSTRY

Prosecutors drop charges against scuba looter

July 30, 2009

GREENUP, Kentucky — Criminal charges against a diver who removed a rock from the Ohio River in 2007 could be dismissed by Thursday. Greenup Circuit Judge Bob Conley has set a hearing in the case for 1 p.m. Thursday.

Commonwealth's Attorney Cliff Duvall filed a 12-page motion last week to dismiss charges against Steve Shaffer of Ironton.

The problem the prosecutor had was that he couldn't prove the eight- to nine-ton rock removed by Shaffer and currently stored in a garage in Portsmouth was the one mentioned by historians as the Portsmouth Indian Head Rock, said Michael Curtis, an Ashland lawyer representing Shaffer.

"There are other rocks in the river," Curtis said Sunday. "No one had an exact location of the Indian Head rock. It's generated a lot of controversy. With all the pretrial publicity, I doubt we could have gotten an impartial jury, anyway." The case had been set to go to trial Aug. 3. "Mr. Duvall did the right thing in filing the motion to dismiss. I'd say the rock will stay where it is."

Even if the theft charge — which carries a prison sentence of from one to five years — is dropped, the state of Kentucky has filed a civil suit against Shaffer and others in federal court. That case has been held in abeyance pending the outcome of the criminal charge in state court, said Curtis, who plans to file a motion to dismiss the civil case if the criminal charges are dropped.

Duvall said that Shaffer also could face other proceedings including being cited by the U.S. Army Corps of Engineers for a dredging operation without a permit. "He will have to answer for that whether it was the Indian Rock or not," Duvall wrote.

"Neither the Commonwealth's experts nor any other can truthfully testify that any of the inscriptions on the raised rock are beyond a reasonable doubt Native American or pioneer in origin," Duvall said in the motion. The rock removed by Shaffer has inscriptions from the mid-1850s, he said. It was pulled from the Ohio River near the Kentucky shoreline opposite from Bond Street in Portsmouth.

"There is yet another rock reportedly often confused with the rock (removed by Shaffer) that is upstream and that has a likeness of an Indian with a headdress of feathers," Duvall said.

"Individuals with the 'Indiana Jones' treasure-hunting mindset set out to take into their personal collections to sell or simply to make a name for themselves and in the process disturb these archeological objects and sites without any regard to law, ownership or collective input from the learned institutions of our state-supported universities," he said.

"These renegade type actions take away democratic decision making from the archeoligical community and give the final decisions on exploration of these sites and removal of these antiquities to common looters," he said.

The rock hasn't been seen since about 1920 because dams placed along the river since then have caused the water level to rise, covering the rock.

by David E. Malloy

 

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  • HAVE YOUR SAY - Discuss this article
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    CYBER DIVER ALERT

    Shipwreck looters Leigh Bishop and Brad Sheard

    Partners in crime: Grave robbers Leigh Bishop and Brad Sheard. Following the lead of dive industry-endorsed shipwreck looters Bishop and Sheard, scuba diving thieves around the world are destroying historically and culturally significant wrecks for bragging rights, coffee table displays and internet auction profits that amount to a fraction of the revenue shipwrecks can generate as fully protected underwater museums.

    FROM THE EDITORS OF CDNN

    Despite dive industry 'take pictures, leave only bubbles' green-wash, a small but strident and criminal group of industry-promoted scuba diving looters steal artifacts from shipwrecks under the guise of 'archaeological exploration', and aggressively compete for bragging rights, product endorsements and profits from the sales of stolen artifacts that are now on a par with those from smuggling humans and drugs.

    "We do not care about Leigh Bishop and Brad Sheard's personality problems, their crude hate sites, their chat room antics nor their criminal attempts to intimidate, harass and blackmail responsible, eco-friendly dive companies that support full protection of marine wildlife, shipwrecks and underwater war graves," said CDS President Evan T. Allard. "Such unscrupulous and criminal conduct is beneath contempt and serves only to substantiate accusations that Bishop and Sheard have committed crimes and will continue to do so unless authorities step in."

    "The vast majority of the global scuba diving community opposes shipwreck looting and underwater grave robbing," said CDS President Evan T. Allard. "Shipwrecks are part of our historical and cultural heritage. For scuba divers, shipwrecks are fascinating underwater museums that must be fully protected for our children, our grandchildren and all future generations of divers who will dive deeper and longer thanks to ongoing improvements in diving technology ," Allard added.

    "It is absolutely imperative that the global scuba diving community, archaeologists, coast guards, police and tax authorities act now to prevent Leigh Bishop, Brad Sheard, David Morton (of the Boston Sea Rovers) and other shipwreck looters from exploiting and destroying sunken ships for their personal coffee table displays, internet self-promotion schemes, commercial 'museum' profits and tax-evasion scams."

    If you have information pertaining to the theft and/or sale of wreck artifacts, or desecration of underwater grave sites by Leigh Bishop, Brad Sheard, organized crime gangs or anyone else, please contact CDNN immediately and your information will be passed along to appropriate authorities.

  • REPORT SCUBA LOOTER
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    SOURCE - Herald Dispatch

     

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