Appeal suggested by lawyer of one of two whalers convicted in federal ‘bench trial’

TACOMA — Their defenses quashed by a magistrate and having no argument over facts of the case, the remaining two Makah whaling defendants Tuesday accepted a guilty verdict in U.S. District Court.

The action taken by Wayne Johnson and Andy Noel amounted to a “no contest” plea when they waived a jury trial and agreed with the prosecution’s account of how they conspired to hunt and eventually kill a gray whale Sept. 8 in the Strait of Juan de Fuca.

Three other defendants pleaded guilty March 27 to the charge of killing the whale.

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As part of that plea bargain, Assistant U.S. Attorney James Oesterle dropped the conspiracy count and agreed not to recommend that they serve prison terms.

The charges are misdemeanor violations of the Marine Mammal Protection Act, each of which carries a fine up to $100,000 and a year in prison.

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