Kentucky proposes settlement on rock saga
Published 9:55 am Friday, November 7, 2008
FRANKFORT, Ky. — Kentucky Attorney General Jack Conway has proposed a settlement seeking to avoid a federal lawsuit in a dispute with an Ohio city over a boulder that was taken out of the Ohio River.
Conway last week sent a letter seeking a settlement to a Portsmouth, Ohio, city lawyer and two Ohio residents who are facing criminal charges stemming from the removal of the 8-ton boulder known as Indian Head Rock. The proposed settlement was aimed at avoiding a civil case, but would not effect the pending criminal charges, Conway said in the letter.
‘‘This is an effort to resolve this matter without a long and drawn-out process in federal court,’’ Conway spokeswoman Allison Martin said.
The historic rock bears numerous carvings of initials, names and a crude face and was once an attraction for locals. It had been submerged since about the 1920s until last September, when a historian in Ohio led a team to extract it.
The boulder now rests in a city garage in Portsmouth, Ohio, along the Ohio River about 110 miles southeast of Cincinnati.
Kentucky’s proposal calls for the Indian Head Rock’s return to Kentucky so it can be put on display. Conway also wants a public apology and the city of Portsmouth to pay $90,000 for attorneys fees and to build a display on the Kentucky side of the river.
The Oct. 29 letter was sent to Portsmouth City Solicitor Michael L. Jones, historian Steve Shaffer, of Ironton, Ohio, and David G. Vetter, of Portsmouth. Conway’s office has not received a response, despite a deadline that passed Wednesday, Martin said.
‘‘We will be awaiting a response and we will be determining in the coming days the next step,’’ she said.
Shaffer, who led efforts more than a year ago to pull the sandstone rock from the river, and Vetter, one of the alleged divers, are each facing a felony charge of removing a protected archaeological object.
Michael Curtis, Shaffer’s attorney, said this morning he had yet to discuss with his client whether he would accept it.
“At this point in time Mr. Shaffer and I need to go over it and give it consideration,” Curtis said. “Some of the terms and conditions lead us to believe that we may or may not. It is something I have to discuss with him.”
Curtis questioned whether accepting the offer would affect the criminal case.
“It very well could affect it in my opinion and that is what I have to consider,” he said.
Vetter did not return calls and an e-mail seeking comment. Portsmouth mayor Jim Kalb and Jones also did not return calls seeking comment.
Kentucky state Rep. Reginald Meeks, D-Lousiville, a member of the Native American Heritage Commission, pressed for the rock’s return in a fiery speech on the House floor earlier this year. Kentucky House Speaker Jody Richards, D-Bowling Green, made a similar public demand.
Meeks said he is ‘‘very satisfied’’ with the agreement.
‘‘These historic and ancient items we have in our state deserve to be protected,’’ Meeks said. ‘‘I believe it’s appropriate that the rock have a final resting place on land that’s near the site where it originally was removed from the river. Obviously, it would not have been an issue if it had not been removed in the first place.’’
Richards commended Meeks for championing the issue in the Kentucky legislature, which passed a resolution calling for the rock’s return.
‘‘This is a chapter in history that should have never been written,’’ he said.