While trial proceedings are at a standstill, an American Indian tribe suing ASU and the Arizona Board of Regents is gaining national support from other American Indian groups.
Thirteen tribes in Arizona and California have passed resolutions in support of the Havasupai tribe, which claims ASU researchers used tribal blood samples, fingerprints and handprints for unauthorized research.
The Havasupais, a tribe that resides at the bottom of the Grand Canyon, say they gave ASU researchers more than 400 blood samples in 1989 for diabetes research, but that researchers used them for other studies on inbreeding, migration patterns and schizophrenia.
In 2003, the University commissioned attorney Stephen Hart to conduct an independent study on the research in response to concerns raised by a tribe member.
Because of Hart's findings, two federal lawsuits, one by the tribe and one by individual tribe members, were filed in 2004, but have been combined and transferred to the Maricopa County Superior Court.
The National Congress of American Indians, which represents 250 tribes, has also passed a resolution in support of the Havasupais, saying the tribe had a right to informed consent on the research.
"NCAI admonishes Arizona State University and the state of Arizona for the apparent fraud on the Havasupai Indian Tribe," the NCAI said in the resolution.
The tribe has been working with The Marketing Factory Inc., an American Indian-owned Tempe marketing agency, to secure these resolutions.
"Getting these resolutions passed sends a strong message," said Letha Lamb, owner and CEO of the agency. "While this tribe is very small, it's not alone. Tribes may have different languages and cultures, but if one has an issue, the others will help in the fight."
Many tribes have also contributed financially to the lawsuit, with single donations of up to $20,000, Lamb said.
The litigation is expensive but will be worth it if the Havasupais get justice, said Albert Flores, attorney for the 46 individual tribe members.
"These people were duped into providing their blood," Flores said. "They were defrauded and misled. ASU took from them something that is very precious and hurt them very deeply."
Flores said the support from other tribes would at least make others aware of the Havasupais' circumstances.
"Their help is greatly appreciated," Flores said. "The tribes throughout the nation recognize that this tribe did suffer. Now they know that if you're going to deal with universities and researchers, you need to be wary."
ASU isn't concerned with the recent support of the tribe, said Nancy Tribbensee, ABOR general counsel.
"Despite the various public relations campaigns of the Havasupai, the litigation appears to be going in favor of the positions advanced on behalf of the universities," Tribbensee said.
ASU has also been working with the Inter Tribal Council of Arizona regarding issues of research in American Indian communities, Tribbensee said.
"Several tribe representatives, including the Havasupais, met with President Crow to state our concerns and do something to prevent this in the
future," said John Lewis, executive director of the council.
Crow was appreciative and open to future discussions, Lewis added.
Now with a secure court location, attorneys are working to figure out which motions will be heard.
"We've done a lot of procedural things, but we've not really gotten anywhere," Flores said. "We know we have some viable claims, but there are still some murky issues."
Flores said he didn't know when the case would go to trial.
"I know we'll get to a jury, but when - your guess is as good as mine," he said.
Reach the reporter at: meghan.keck@asu.edu.
