1 00:00:01,040 --> 00:00:04,800 Speaker 1: You were listening to History on Trial, a production of 2 00:00:04,880 --> 00:00:15,800 Speaker 1: iHeart Podcasts. Listener Discretion advised. Vicky Schlicht and Harry Walker 3 00:00:16,120 --> 00:00:19,440 Speaker 1: were almost back to her dorm when he leaned close 4 00:00:19,880 --> 00:00:24,320 Speaker 1: and asked if he could kiss her. She was pleasantly surprised. 5 00:00:25,160 --> 00:00:29,840 Speaker 1: Boys didn't always ask first, but Harry was thoughtful like that. 6 00:00:30,880 --> 00:00:33,600 Speaker 1: Vicky couldn't believe she'd only known him for two and 7 00:00:33,600 --> 00:00:37,479 Speaker 1: a half days. Their connection felt much deeper than that. 8 00:00:38,760 --> 00:00:42,360 Speaker 1: Maybe it was everything they had in common. Both of 9 00:00:42,360 --> 00:00:45,840 Speaker 1: them were farm kids, away from home for the first time. 10 00:00:46,800 --> 00:00:50,760 Speaker 1: Maybe it was the hours they'd spent talking, sharing stories 11 00:00:50,800 --> 00:00:55,360 Speaker 1: of their families and their likes and dislikes. Maybe it 12 00:00:55,440 --> 00:01:02,040 Speaker 1: was the magical setting midsummer in Yellowstone National the geothermal 13 00:01:02,080 --> 00:01:07,280 Speaker 1: pools gently steaming beside them, the deep, black, star spangled 14 00:01:07,360 --> 00:01:12,920 Speaker 1: night sky stretching above them. Whatever it was, this connection, 15 00:01:13,920 --> 00:01:20,120 Speaker 1: this moment felt special. So Vicky said yes, Harry could 16 00:01:20,280 --> 00:01:24,759 Speaker 1: kiss her. He leaned down and they kissed, holding each 17 00:01:24,800 --> 00:01:28,800 Speaker 1: other tight in the shadow of the tall pines. After 18 00:01:28,840 --> 00:01:33,000 Speaker 1: a minute, Vicky reluctantly pulled back. She had to work 19 00:01:33,080 --> 00:01:36,760 Speaker 1: the next day and needed to get some sleep. Harry 20 00:01:36,800 --> 00:01:41,360 Speaker 1: took her home, then gently kissed her good night. After 21 00:01:41,440 --> 00:01:44,920 Speaker 1: leaving Vicky, Harry walked back to the Old Faithful Inn, 22 00:01:45,520 --> 00:01:48,200 Speaker 1: where his friend Philip Bradbury was waiting at the bar. 23 00:01:49,440 --> 00:01:53,560 Speaker 1: Philip was easy to spot, six feet tall and skinny 24 00:01:53,720 --> 00:01:57,640 Speaker 1: with a shock of red hair. Harry and Philip headed 25 00:01:57,680 --> 00:02:01,560 Speaker 1: out of the inn into the darkness sometime after midnight. 26 00:02:02,600 --> 00:02:08,040 Speaker 1: It was June twenty fifth, nineteen seventy two, a week 27 00:02:08,160 --> 00:02:10,680 Speaker 1: or so earlier when the pair had decided to go 28 00:02:10,720 --> 00:02:13,760 Speaker 1: to Yellowstone. They'd made a plan to hike out into 29 00:02:13,760 --> 00:02:18,760 Speaker 1: the back country and camp there, far from the tourist crowds. 30 00:02:19,400 --> 00:02:23,000 Speaker 1: But then, on June twenty second, while picking up groceries 31 00:02:23,040 --> 00:02:28,440 Speaker 1: in Livingstone, Montana, Harry had met Vicky. She'd given him 32 00:02:28,440 --> 00:02:30,760 Speaker 1: a ride to the park and they'd hit it off. 33 00:02:31,840 --> 00:02:34,240 Speaker 1: Vicky had a summer job at the Old Faithful Inn 34 00:02:34,800 --> 00:02:38,480 Speaker 1: and Harry wanted to stay near her, so Harry and 35 00:02:38,520 --> 00:02:41,680 Speaker 1: Philip had ducked under the barrier ropes by the geothermal 36 00:02:41,720 --> 00:02:45,119 Speaker 1: pools and headed up a forested ridge near Guyser Hill. 37 00:02:46,320 --> 00:02:49,880 Speaker 1: Camping like this near a developed area but not in 38 00:02:49,919 --> 00:02:54,680 Speaker 1: an official campsite wasn't allowed, but lots of people did it. 39 00:02:55,760 --> 00:02:58,520 Speaker 1: Philip and Harry had found a nice flat spot hidden 40 00:02:58,560 --> 00:03:02,480 Speaker 1: amongst the pines and slept there for two nights without incident. 41 00:03:03,720 --> 00:03:08,280 Speaker 1: But tonight there was a problem. They couldn't remember exactly 42 00:03:08,320 --> 00:03:11,880 Speaker 1: where their campsite was. They had had a few drinks 43 00:03:11,880 --> 00:03:15,880 Speaker 1: at the inn with Vicki, and the darkness was impenetrable. 44 00:03:16,960 --> 00:03:20,519 Speaker 1: Harry shone his flashlight at the trees, hoping to spot 45 00:03:20,560 --> 00:03:25,160 Speaker 1: something familiar. They weren't worried. They had nowhere to be, 46 00:03:25,960 --> 00:03:30,760 Speaker 1: nothing to do all the time in the world. Philip 47 00:03:30,800 --> 00:03:35,080 Speaker 1: and Harry walked side by side, singing camp songs and laughing, 48 00:03:36,640 --> 00:03:40,920 Speaker 1: and then suddenly a shadow in the pines, something moving. 49 00:03:41,760 --> 00:03:44,840 Speaker 1: Harry pointed his flashlight at it, but before his brain 50 00:03:44,880 --> 00:03:48,040 Speaker 1: could process what he was seeing, it was on him, 51 00:03:48,280 --> 00:03:52,360 Speaker 1: its teeth and claws and great stinking mass enveloping him 52 00:03:53,360 --> 00:03:57,240 Speaker 1: a grizzly bear. Philip either fell or was struck by 53 00:03:57,280 --> 00:04:00,440 Speaker 1: the bear and began rolling down the ridge. He heard 54 00:04:00,440 --> 00:04:04,040 Speaker 1: Harry scream for help. Philip managed to get to his 55 00:04:04,200 --> 00:04:08,240 Speaker 1: feet and run. When he felt safe, he stopped and 56 00:04:08,360 --> 00:04:11,839 Speaker 1: turned and called Harry, is there a bear up there? 57 00:04:13,080 --> 00:04:17,919 Speaker 1: Harry didn't answer. It took park rangers four and a 58 00:04:17,920 --> 00:04:21,960 Speaker 1: half hours to find Harry's body. He was lying on 59 00:04:22,040 --> 00:04:24,839 Speaker 1: his back one hundred and sixty five feet away from 60 00:04:24,839 --> 00:04:29,080 Speaker 1: his campsite. His face was peaceful, like he was sleeping, 61 00:04:29,880 --> 00:04:33,640 Speaker 1: but his body was a gory mess. The bear had 62 00:04:33,680 --> 00:04:38,520 Speaker 1: eaten his internal organs. An autopsy would later reveal that 63 00:04:38,560 --> 00:04:42,400 Speaker 1: the bear had crushed his throat, likely only moments after 64 00:04:42,440 --> 00:04:48,479 Speaker 1: he screamed. Harry's death was tragic, but it was the 65 00:04:48,600 --> 00:04:52,160 Speaker 1: kind of horrible accident that happens in the wilderness, sometimes 66 00:04:53,160 --> 00:04:57,280 Speaker 1: an unavoidable consequence of the collision between humans and nature. 67 00:04:58,440 --> 00:05:04,359 Speaker 1: That's what Harry's family thought, at least at first. But 68 00:05:04,440 --> 00:05:08,520 Speaker 1: a month after his funeral, they got a strange phone call. 69 00:05:09,480 --> 00:05:12,320 Speaker 1: On the other end of the line. A woman told 70 00:05:12,360 --> 00:05:17,400 Speaker 1: them that Harry's death could have been avoided. According to her, 71 00:05:18,000 --> 00:05:22,400 Speaker 1: Harry's death was quote part of a larger pattern of 72 00:05:22,520 --> 00:05:27,880 Speaker 1: government misconduct and a big cover up. As the walkers 73 00:05:27,920 --> 00:05:32,200 Speaker 1: would soon learn, Harry's death was only the latest in 74 00:05:32,279 --> 00:05:37,240 Speaker 1: a long line of troubling interactions between humans and bears 75 00:05:37,440 --> 00:05:42,560 Speaker 1: at Yellowstone. Over the past five years, the park management 76 00:05:42,600 --> 00:05:49,800 Speaker 1: had radically and controversially changed its bear management policies. Biologists 77 00:05:49,880 --> 00:05:53,920 Speaker 1: and wildlife managers and environmental advocates were locked in a 78 00:05:53,960 --> 00:05:58,400 Speaker 1: heated debate over the policy changes. Critics of the new policy, 79 00:05:59,040 --> 00:06:02,400 Speaker 1: including the woman who who called the Walkers, believed that 80 00:06:02,480 --> 00:06:06,440 Speaker 1: it was dangerous for humans and bears alike, and they 81 00:06:06,480 --> 00:06:11,479 Speaker 1: thought that Harry's death proved their case. What was more, 82 00:06:12,160 --> 00:06:16,960 Speaker 1: they thought that Harry's death could change things. If the 83 00:06:17,040 --> 00:06:21,119 Speaker 1: Walkers were willing to soothe the National Park Service, maybe 84 00:06:21,120 --> 00:06:24,360 Speaker 1: they could bring attention to the bear issue and get 85 00:06:24,440 --> 00:06:30,760 Speaker 1: Yellowstone to switch directions. The Walkers were hesitant. They were 86 00:06:30,880 --> 00:06:35,279 Speaker 1: dairy farmers from Alabama. Could they take on the federal government? 87 00:06:36,560 --> 00:06:41,360 Speaker 1: After thinking it over, they thought maybe they could, as 88 00:06:41,480 --> 00:06:45,600 Speaker 1: long as it meant getting justice for Harry. It would 89 00:06:45,640 --> 00:06:48,080 Speaker 1: take three years for their case to go to court, 90 00:06:48,720 --> 00:06:52,240 Speaker 1: but when it finally did in nineteen seventy five, it 91 00:06:52,279 --> 00:06:55,880 Speaker 1: would draw some of the nation's top wildlife biologists to 92 00:06:55,960 --> 00:06:59,800 Speaker 1: a courtroom in California and help change the conversation of 93 00:07:00,000 --> 00:07:06,480 Speaker 1: about bears forever. Welcome to History on Trial. I'm your host, 94 00:07:06,760 --> 00:07:16,240 Speaker 1: Mira Hayward. This week Martin v. United States. At its inception, 95 00:07:16,640 --> 00:07:22,160 Speaker 1: Yellowstone National Park was given two missions. The bill creating Yellowstone, 96 00:07:22,640 --> 00:07:26,240 Speaker 1: signed by President Grant on March first, eighteen seventy two 97 00:07:27,160 --> 00:07:31,280 Speaker 1: tasked the park with being both quote a public park 98 00:07:31,440 --> 00:07:37,000 Speaker 1: or pleasuring ground, and also with quote the preservation from 99 00:07:37,200 --> 00:07:42,320 Speaker 1: injury or spoliation of all natural curiosities or wonders within 100 00:07:42,400 --> 00:07:47,360 Speaker 1: said park and their retention in their natural condition. Quickly, 101 00:07:47,600 --> 00:07:51,400 Speaker 1: it became clear that these two goals might contradict each other. 102 00:07:52,480 --> 00:07:55,600 Speaker 1: The needs of tourists and the needs of nature are 103 00:07:55,640 --> 00:08:03,440 Speaker 1: not always the same. Tourism needs infrastructure, roads, bridges, hotels, campgrounds, 104 00:08:03,480 --> 00:08:08,560 Speaker 1: and bathrooms, all of which require modification of the natural environment. 105 00:08:09,680 --> 00:08:14,560 Speaker 1: There's also the question of what exactly natural means. Is 106 00:08:14,600 --> 00:08:18,680 Speaker 1: the natural condition of Yellowstone the condition that government surveyors 107 00:08:18,720 --> 00:08:22,120 Speaker 1: founded in in eighteen seventy two, or is it the 108 00:08:22,120 --> 00:08:26,760 Speaker 1: condition of the primeval land hundreds or thousands of years before. 109 00:08:28,000 --> 00:08:33,160 Speaker 1: By the eighteen seventies, many species native to Yellowstone, including bison, 110 00:08:33,679 --> 00:08:38,240 Speaker 1: had been nearly eradicated by white settlers. Thus the question 111 00:08:38,400 --> 00:08:44,120 Speaker 1: of restoration versus preservation arose. Should species be reintroduced to 112 00:08:44,200 --> 00:08:49,280 Speaker 1: Yellowstone and should invasive methods be taken to preserve the environment, 113 00:08:50,360 --> 00:08:56,120 Speaker 1: measures like spraying pesticides, administering controlled burns, or culling the 114 00:08:56,200 --> 00:09:01,520 Speaker 1: elkurds that rapidly multiplied after the park's creation. Generations of 115 00:09:01,600 --> 00:09:06,840 Speaker 1: wildlife managers, government officials, and environmental advocates have struggled to 116 00:09:06,840 --> 00:09:10,840 Speaker 1: find the right answer to these questions. There is perhaps 117 00:09:10,960 --> 00:09:15,480 Speaker 1: no issue that exemplifies the debates over people's needs versus 118 00:09:15,600 --> 00:09:21,600 Speaker 1: nature's needs and intervention verse preservation in Yellowstone than the 119 00:09:21,679 --> 00:09:26,680 Speaker 1: issue of bear management. Yellowstone is home to black bears 120 00:09:26,840 --> 00:09:31,800 Speaker 1: and grizzly bears, both of which are omnivorous eaters. In 121 00:09:31,840 --> 00:09:35,559 Speaker 1: the eighteen eighties and eighteen nineties, as the first Yellowstone 122 00:09:35,600 --> 00:09:41,040 Speaker 1: hotels were erected, Yellowstone bears found a delicious new food source, 123 00:09:42,080 --> 00:09:47,360 Speaker 1: human trash. Piles of food scraps discarded by hotel kitchens 124 00:09:47,480 --> 00:09:53,000 Speaker 1: drew swarms of bears. The bears, in turn attracted more 125 00:09:53,040 --> 00:09:57,520 Speaker 1: tourists who loved to watch the giant predators delicately gnaw 126 00:09:57,640 --> 00:10:03,400 Speaker 1: on chicken bones. Being a commercial opportunity, hotels created feeding 127 00:10:03,440 --> 00:10:08,000 Speaker 1: shows makeshift amphitheaters in which tourists could sit on bleachers 128 00:10:08,320 --> 00:10:13,400 Speaker 1: and watch bears eat trash on raised stages. Bears also 129 00:10:13,440 --> 00:10:16,839 Speaker 1: found other ways of getting human food, such as by 130 00:10:17,040 --> 00:10:20,360 Speaker 1: begging tourists who would feed the bears out of their 131 00:10:20,400 --> 00:10:25,280 Speaker 1: car windows. Despite the charming appearance of a begging bear. 132 00:10:26,000 --> 00:10:32,000 Speaker 1: These were still wild animals. Once skittish around humans, Yellowstones 133 00:10:32,040 --> 00:10:35,959 Speaker 1: bears had by the nineteen thirties lost most of their fear. 134 00:10:37,280 --> 00:10:41,840 Speaker 1: Black bears in particular, grew comfortable and even bold around people, 135 00:10:42,679 --> 00:10:46,640 Speaker 1: and in their eagerness for human food, injuries were bound 136 00:10:46,840 --> 00:10:51,079 Speaker 1: to happen. The bears didn't mean to hurt people, they 137 00:10:51,120 --> 00:10:56,040 Speaker 1: were usually just startled or impatient. Between nineteen thirty one 138 00:10:56,160 --> 00:11:00,200 Speaker 1: and nineteen thirty nine, five hundred and twenty seven people 139 00:11:00,320 --> 00:11:05,440 Speaker 1: were injured by bears. Besides the injuries, there were growing 140 00:11:05,480 --> 00:11:09,960 Speaker 1: concerns amongst National Park Service biologists that getting bears hooked 141 00:11:10,040 --> 00:11:14,040 Speaker 1: on human food would be bad for the animals. The 142 00:11:14,160 --> 00:11:17,880 Speaker 1: Service in general had been slowly adopting a more non 143 00:11:18,000 --> 00:11:23,520 Speaker 1: interventionist policy towards wildlife management. In nineteen thirty nine, Park 144 00:11:23,559 --> 00:11:28,600 Speaker 1: Service Director Arno Camera released a policy memorandum declaring that 145 00:11:29,080 --> 00:11:33,120 Speaker 1: quote every species shall be left to carry on its 146 00:11:33,160 --> 00:11:38,800 Speaker 1: existence unaided. Two years later, in accordance with this directive, 147 00:11:39,440 --> 00:11:43,680 Speaker 1: all bear feeding shows at Yellowstone were shut down. But 148 00:11:43,800 --> 00:11:47,840 Speaker 1: by this point the Yellowstone bears were conditioned to expect 149 00:11:47,960 --> 00:11:50,640 Speaker 1: human food when they did not get it at the 150 00:11:50,640 --> 00:11:56,040 Speaker 1: feeding shows, they began prowling campgrounds and scrounging around trash dumps. 151 00:11:56,840 --> 00:12:00,520 Speaker 1: In response, park rangers began killing bears who kept returning 152 00:12:00,520 --> 00:12:04,440 Speaker 1: to human areas, but this couldn't keep every bear away. 153 00:12:05,320 --> 00:12:08,520 Speaker 1: In nineteen forty two, a grizzly bear killed forty five 154 00:12:08,600 --> 00:12:12,080 Speaker 1: year old nurse Martha Henson near the Old Faithful campground. 155 00:12:13,320 --> 00:12:16,800 Speaker 1: Next year, the Park Service hired a biologist to study 156 00:12:16,920 --> 00:12:20,959 Speaker 1: the bear problem. The biologists recommended that the parks shut 157 00:12:21,040 --> 00:12:25,560 Speaker 1: down hand feeding by visitors, but officials were reluctant to 158 00:12:25,679 --> 00:12:28,880 Speaker 1: enforce a hand feeding ban because bear feeding was one 159 00:12:28,920 --> 00:12:33,079 Speaker 1: of the park's largest draws. There was another component to 160 00:12:33,120 --> 00:12:37,080 Speaker 1: the bear problem. The parks had a responsibility not just 161 00:12:37,120 --> 00:12:41,800 Speaker 1: to protect their visitors, but also to protect bears. But 162 00:12:41,880 --> 00:12:44,880 Speaker 1: the park didn't know exactly how many bears it had, 163 00:12:45,200 --> 00:12:48,880 Speaker 1: or where they lived, or what their behaviors were. This 164 00:12:49,040 --> 00:12:52,679 Speaker 1: was especially true of the park's grizzly population, who kept 165 00:12:52,720 --> 00:12:56,199 Speaker 1: to the shadows more than black bears did. By the 166 00:12:56,280 --> 00:13:01,400 Speaker 1: late nineteen fifties, Yellowstone's chief naturalist, David Kahn, decided that 167 00:13:01,480 --> 00:13:06,720 Speaker 1: a comprehensive survey was needed. He hired John and Frank Craighead, 168 00:13:07,000 --> 00:13:13,079 Speaker 1: pioneering wildlife biologists to study yellowstones grizzlies and make recommendations 169 00:13:13,120 --> 00:13:18,560 Speaker 1: for conserving them. John and Frank Craighead were identical twins 170 00:13:19,480 --> 00:13:24,000 Speaker 1: born in nineteen sixteen. They'd grown up outdoors, cultivating a 171 00:13:24,120 --> 00:13:27,960 Speaker 1: love for wildlife and a willingness to get their hands dirty, 172 00:13:28,480 --> 00:13:32,240 Speaker 1: scaling cliffs and reaching into eagles nests while studying birds 173 00:13:32,280 --> 00:13:36,200 Speaker 1: of prey. By age twenty five, they'd been published in 174 00:13:36,320 --> 00:13:41,080 Speaker 1: National Geographic, and their celebrity only rose from there. With 175 00:13:41,200 --> 00:13:45,680 Speaker 1: their handsome, weathered faces, the Craigheads made excellent poster boys 176 00:13:45,760 --> 00:13:50,000 Speaker 1: for the burgeoning field of wildlife management in the nineteen fifties. 177 00:13:50,280 --> 00:13:53,599 Speaker 1: After a stint developing wilderness survival training programs for the 178 00:13:53,640 --> 00:13:57,480 Speaker 1: military and completing their PhDs at the University of Michigan, 179 00:13:58,240 --> 00:14:02,199 Speaker 1: the Craigheads built neighboring laws cabins in Jackson Hole, Wyoming, 180 00:14:02,800 --> 00:14:06,559 Speaker 1: and settled down with their wives and children. The grizzly 181 00:14:06,679 --> 00:14:10,720 Speaker 1: research was the perfect study for the Craigheads. Frank was 182 00:14:10,800 --> 00:14:15,080 Speaker 1: interested in the application of technology to wildlife management, and 183 00:14:15,200 --> 00:14:19,000 Speaker 1: he began developing a radio collar large enough for grizzly bears. 184 00:14:19,480 --> 00:14:23,240 Speaker 1: The first of its kind. In nineteen sixty one, the 185 00:14:23,280 --> 00:14:27,600 Speaker 1: Craigheads fitted their first collar. They also developed a system 186 00:14:27,680 --> 00:14:32,560 Speaker 1: for identifying bears. Before the Craigheads, the standard practice was 187 00:14:32,640 --> 00:14:38,040 Speaker 1: tagging bears ears with small, metallic numbered ear tags, but 188 00:14:38,240 --> 00:14:41,120 Speaker 1: these tags were impossible to tell apart at a distance. 189 00:14:41,880 --> 00:14:47,000 Speaker 1: The Craigheads began using colored plastic ear loops instead. Over 190 00:14:47,040 --> 00:14:50,560 Speaker 1: the next eight years, they would capture and track scores 191 00:14:50,680 --> 00:14:55,560 Speaker 1: of grizzlies, gaining great insight into the bears' lives. In 192 00:14:55,680 --> 00:14:59,080 Speaker 1: nineteen sixty seven, the Craigheads turned in an one hundred 193 00:14:59,200 --> 00:15:03,480 Speaker 1: and thirteen page report to Yellowstone leadership. Besides a collection 194 00:15:03,520 --> 00:15:07,000 Speaker 1: of observations on grizzly behavior, including the fact that they 195 00:15:07,040 --> 00:15:10,760 Speaker 1: had enormous ranges and that they often returned to where 196 00:15:10,760 --> 00:15:14,640 Speaker 1: they came from after they were relocated, the report contained 197 00:15:14,680 --> 00:15:20,160 Speaker 1: recommendations for grizzly management. Many of the Kraigheads recommendations were 198 00:15:20,200 --> 00:15:25,040 Speaker 1: about Yellowstones dumps. In the wake of the Feeding Show's closure, 199 00:15:25,480 --> 00:15:29,320 Speaker 1: dumps had become a major food source for bears, but 200 00:15:29,360 --> 00:15:33,960 Speaker 1: the dumps were unnatural, unsightly, and promoted bears dependence on 201 00:15:34,080 --> 00:15:38,520 Speaker 1: human food. The park wanted to close them. The Cragheads 202 00:15:38,520 --> 00:15:41,600 Speaker 1: agreed that the dumps should be closed, but they advocated 203 00:15:41,640 --> 00:15:47,320 Speaker 1: for a gradual, careful closure plan. They recommended placing elk 204 00:15:47,440 --> 00:15:51,240 Speaker 1: carcasses in the backwoods to attract bears away from the dump. 205 00:15:52,040 --> 00:15:55,240 Speaker 1: They also recommended that all other sources of human food 206 00:15:55,240 --> 00:15:58,479 Speaker 1: be eliminated so that bears would not turn to campgrounds 207 00:15:58,600 --> 00:16:02,160 Speaker 1: or trash cans as subsidance for the dumps. While the 208 00:16:02,200 --> 00:16:06,080 Speaker 1: dump slowly closed, the Craigheads concluded the park should continue 209 00:16:06,120 --> 00:16:11,480 Speaker 1: to carefully monitor and track the grizzlies. These recommendations may 210 00:16:11,640 --> 00:16:15,440 Speaker 1: not seem controversial on the surface, but the atmosphere at 211 00:16:15,520 --> 00:16:19,600 Speaker 1: Yellowstone was very different in nineteen sixty seven than it 212 00:16:19,680 --> 00:16:22,600 Speaker 1: had been when the Craigheads began their study in nineteen 213 00:16:22,680 --> 00:16:27,480 Speaker 1: fifty nine. In nineteen sixty six, Glenn Cole became the 214 00:16:27,520 --> 00:16:32,440 Speaker 1: park's head wildlife manager. Jordan Fisher Smith, in his book 215 00:16:32,480 --> 00:16:37,880 Speaker 1: Engineering Eden, describes Cole as quote a champion of a 216 00:16:38,040 --> 00:16:43,320 Speaker 1: let nature take its course philosophy. This philosophy was shared 217 00:16:43,360 --> 00:16:48,440 Speaker 1: by Jack Anderson, who became Yellowstone superintendent in nineteen sixty seven. 218 00:16:49,400 --> 00:16:53,560 Speaker 1: Cole and Anderson wanted Yellowstone to be as free from 219 00:16:53,640 --> 00:16:59,240 Speaker 1: human influence as possible. Yellowstone's centennial was only five years 220 00:16:59,280 --> 00:17:03,760 Speaker 1: away in nineteen seventy two, and by that year Cole 221 00:17:03,840 --> 00:17:06,760 Speaker 1: and Anderson hoped that the park would be a pristine 222 00:17:06,880 --> 00:17:11,840 Speaker 1: vision of untouched wilderness, minus the hotels and rangers. Of course, 223 00:17:13,200 --> 00:17:16,760 Speaker 1: so the Craighead's idea of gradually closing the dumps was 224 00:17:16,800 --> 00:17:20,200 Speaker 1: a non starter. If they wanted bears to be weaned 225 00:17:20,240 --> 00:17:23,560 Speaker 1: off human food in five years, the dumps would have 226 00:17:23,680 --> 00:17:28,440 Speaker 1: to close now. Cole and Andersen thought. The Craigheads cautioned 227 00:17:28,560 --> 00:17:31,879 Speaker 1: that this could be dangerous. The bears would search for 228 00:17:32,000 --> 00:17:35,920 Speaker 1: other sources of human food, increasing the likelihood of dangerous 229 00:17:35,960 --> 00:17:40,040 Speaker 1: encounters with humans, but Cole and Anderson were convinced that 230 00:17:40,119 --> 00:17:43,240 Speaker 1: they just needed to rip the band aid off. They 231 00:17:43,280 --> 00:17:48,280 Speaker 1: also vetoed continued tracking of the bears. The craigheads garishly 232 00:17:48,320 --> 00:17:52,119 Speaker 1: colored ear loops and bulky radio colors didn't align with 233 00:17:52,200 --> 00:17:56,439 Speaker 1: their vision for the park. Cole and Anderson were not 234 00:17:56,640 --> 00:17:59,879 Speaker 1: alone in their passion for removing human influence from the 235 00:18:00,080 --> 00:18:05,120 Speaker 1: National parks. Non intervention was an increasingly popular philosophy amongst 236 00:18:05,119 --> 00:18:09,600 Speaker 1: ecologists and park managers. In the words of Howard Zoenheiser, 237 00:18:10,000 --> 00:18:13,320 Speaker 1: chief author of the Wilderness Act and Executive Secretary of 238 00:18:13,359 --> 00:18:17,960 Speaker 1: the Wilderness Society. With regard to areas of wilderness, we 239 00:18:18,080 --> 00:18:23,600 Speaker 1: should be guardians, not gardeners. Cole and Anderson also received 240 00:18:23,640 --> 00:18:26,879 Speaker 1: backing from one of the most prominent figures in their field, 241 00:18:27,480 --> 00:18:32,200 Speaker 1: a Starker Leopold. Leopold had not always favored this kind 242 00:18:32,240 --> 00:18:36,080 Speaker 1: of thinking. In nineteen sixty three, Leopold had written a 243 00:18:36,160 --> 00:18:40,160 Speaker 1: report for the federal government's Advisory Board on Wildlife Management 244 00:18:40,800 --> 00:18:44,360 Speaker 1: that had become the guiding document for the ecological management 245 00:18:44,440 --> 00:18:49,960 Speaker 1: of national parks. In it, Leopold had supported intervention as 246 00:18:50,040 --> 00:18:54,680 Speaker 1: long as it was used to simulate earlier, more natural conditions, 247 00:18:55,440 --> 00:18:59,800 Speaker 1: cutting down trees to clear historic viewpoints or using bulldozers 248 00:18:59,840 --> 00:19:04,639 Speaker 1: to recreate buffalo wallows, for example. But by the late sixties, 249 00:19:04,960 --> 00:19:09,200 Speaker 1: after coming under public criticism for certain park practices, including 250 00:19:09,240 --> 00:19:12,720 Speaker 1: the mass killing of elk which had begun to overrun Yellowstone, 251 00:19:13,160 --> 00:19:16,760 Speaker 1: Leopold had softened his views. He was also good friends 252 00:19:16,760 --> 00:19:20,720 Speaker 1: with Glenn Cole. The two went fishing in Yellowstone every year. 253 00:19:21,920 --> 00:19:25,280 Speaker 1: In nineteen sixty nine, after a meeting about bear management 254 00:19:25,359 --> 00:19:29,280 Speaker 1: at the park, Leopold, in his highly influential role as 255 00:19:29,400 --> 00:19:33,440 Speaker 1: head of the Natural Science's Advisory Committee presented a report 256 00:19:33,520 --> 00:19:36,200 Speaker 1: to the National Park Service in which he did not 257 00:19:36,280 --> 00:19:39,639 Speaker 1: take a position on whether fast or slow closure of 258 00:19:39,680 --> 00:19:43,879 Speaker 1: the dumps was better, essentially leaving the decision in Coal 259 00:19:43,960 --> 00:19:49,560 Speaker 1: and Anderson's hands. Leopold did, however, endorse the Craighead's ideas 260 00:19:49,600 --> 00:19:53,240 Speaker 1: about establishing elk bait stations in the back country and 261 00:19:53,400 --> 00:19:57,560 Speaker 1: continuing to track the bears, But Cole and Anderson did 262 00:19:57,640 --> 00:20:01,040 Speaker 1: not set up the bait stations, and they directed rangers 263 00:20:01,080 --> 00:20:04,160 Speaker 1: to remove any colored markings from the bears they captured. 264 00:20:07,040 --> 00:20:10,000 Speaker 1: Over the next three years, Cole and Anderson put their 265 00:20:10,080 --> 00:20:14,520 Speaker 1: dump closure plan into action. They put electric fences around 266 00:20:14,560 --> 00:20:19,199 Speaker 1: some dumps and covered others with dirt. The Craigheads vehemently 267 00:20:19,240 --> 00:20:24,640 Speaker 1: objected and raised their concerns publicly. Tensions between the brothers 268 00:20:24,680 --> 00:20:29,320 Speaker 1: and the park administration grew quickly. In nineteen seventy one, 269 00:20:29,520 --> 00:20:34,439 Speaker 1: Superintendent Andersen refused to renew their Grizzly study contract. To 270 00:20:34,560 --> 00:20:39,080 Speaker 1: underline his point, he bulldozed and burned the Craighead's lab 271 00:20:39,160 --> 00:20:46,040 Speaker 1: in the park. The Craigheads were heartbroken and furious. The bears, too, 272 00:20:46,400 --> 00:20:50,520 Speaker 1: did not seem happy with developments. More and more bears 273 00:20:50,520 --> 00:20:54,080 Speaker 1: were showing up at campgrounds to look for food. Rangers 274 00:20:54,119 --> 00:20:57,840 Speaker 1: tried to tranquilize and relocate these bears, but bears had 275 00:20:57,840 --> 00:21:00,879 Speaker 1: an uncanny knack for quickly making their way back to 276 00:21:00,920 --> 00:21:03,600 Speaker 1: where they'd been picked up. If a bear was an 277 00:21:03,600 --> 00:21:07,639 Speaker 1: habitual offender and refused to stay away, or if it 278 00:21:07,720 --> 00:21:12,480 Speaker 1: threatened visitors, rangers would kill it, But rangers couldn't be 279 00:21:12,560 --> 00:21:16,000 Speaker 1: everywhere at once. All it took was a second for 280 00:21:16,080 --> 00:21:19,480 Speaker 1: a bear to inflict fatal injuries on a human. As 281 00:21:19,560 --> 00:21:24,560 Speaker 1: encounters between bears and tourists increased, many feared that bears 282 00:21:24,600 --> 00:21:27,680 Speaker 1: would not be the only casualty of the new policy. 283 00:21:28,800 --> 00:21:33,800 Speaker 1: It was into this environment that Harry Walker, blissfully unaware 284 00:21:33,960 --> 00:21:38,679 Speaker 1: of anything to do with bears, arrived at Yellowstone in 285 00:21:38,760 --> 00:21:47,320 Speaker 1: the summer of nineteen seventy two. Harry Walker loved the farm, 286 00:21:47,359 --> 00:21:50,600 Speaker 1: but he also desperately wanted to get away from it. 287 00:21:51,520 --> 00:21:56,400 Speaker 1: Harry loved the farm's gently rolling fields, its lush grass 288 00:21:56,440 --> 00:22:01,199 Speaker 1: that people said produced the sweetest milk in Alabama Chocalaca Valley. 289 00:22:01,960 --> 00:22:06,080 Speaker 1: He loved working with animals, delivering calves, and riding his 290 00:22:06,119 --> 00:22:10,520 Speaker 1: horse Comanche. He loved his family. His father Wallace and 291 00:22:10,640 --> 00:22:16,560 Speaker 1: mother Louise, his three sisters, Betty, Carolyn, and Jenny. So 292 00:22:16,840 --> 00:22:20,439 Speaker 1: why did he want to leave? Well, to begin with, 293 00:22:20,720 --> 00:22:24,240 Speaker 1: there was the pressure. Twenty five year old Harry knew 294 00:22:24,280 --> 00:22:27,119 Speaker 1: that his father Wallace expected him to take over the 295 00:22:27,160 --> 00:22:30,879 Speaker 1: farm one day. That was fine with Harry, except that 296 00:22:30,920 --> 00:22:33,680 Speaker 1: before he settled down in Alabama, he wanted to see 297 00:22:33,680 --> 00:22:37,040 Speaker 1: a little of the world first. And then there was 298 00:22:37,080 --> 00:22:41,920 Speaker 1: the work. Running a farm is hard physical labor. When 299 00:22:41,960 --> 00:22:45,600 Speaker 1: Harry was fourteen, a horse had kicked his arm, breaking it. 300 00:22:46,400 --> 00:22:50,320 Speaker 1: The arm had pained him ever since. By early nineteen 301 00:22:50,359 --> 00:22:53,600 Speaker 1: seventy two, Harry could barely lift a glass of iced 302 00:22:53,600 --> 00:22:57,760 Speaker 1: tea without wincing from watching his father stoop and rub 303 00:22:57,840 --> 00:23:01,679 Speaker 1: his aching back. Harry knew that the physical challenges would 304 00:23:01,680 --> 00:23:07,040 Speaker 1: only continue. The work also didn't pay well. The money 305 00:23:07,119 --> 00:23:09,800 Speaker 1: the family made from its milk wasn't enough to pay 306 00:23:09,840 --> 00:23:12,680 Speaker 1: Harry a full time salary, so he had to take 307 00:23:12,720 --> 00:23:16,560 Speaker 1: on part time jobs too, at a pipe foundry, in 308 00:23:16,640 --> 00:23:20,800 Speaker 1: a pool hall, at a construction site in the summer. 309 00:23:21,000 --> 00:23:24,840 Speaker 1: Harry sometimes worked twenty two hours a day, and that 310 00:23:24,960 --> 00:23:27,200 Speaker 1: was on top of his service with the National Guard. 311 00:23:27,960 --> 00:23:31,040 Speaker 1: Because National guardsmen did not serve abroad at this time, 312 00:23:31,680 --> 00:23:34,560 Speaker 1: Joining the National Guard meant that you could avoid being 313 00:23:34,600 --> 00:23:38,960 Speaker 1: sent to Vietnam. The local Guard commander, knowing how much 314 00:23:39,000 --> 00:23:42,560 Speaker 1: Wallace needed Harry at home, had recruited Harry in nineteen 315 00:23:42,640 --> 00:23:46,639 Speaker 1: sixty seven. Harry had a complicated relationship with the Guard. 316 00:23:47,280 --> 00:23:51,160 Speaker 1: He excelled in his first years, winning awards for his sharpshooting, 317 00:23:51,880 --> 00:23:54,879 Speaker 1: but he grew increasingly frustrated with what he saw as 318 00:23:54,920 --> 00:23:59,240 Speaker 1: the Guard's arbitrary rules and regulations. He clashed with a 319 00:23:59,280 --> 00:24:02,320 Speaker 1: new commander in the summer of nineteen seventy one over 320 00:24:02,359 --> 00:24:07,119 Speaker 1: a rule requiring short hair. By nineteen seventy two, Harry 321 00:24:07,160 --> 00:24:10,760 Speaker 1: had reached a breaking point. He started spending more time 322 00:24:10,800 --> 00:24:13,000 Speaker 1: at a friend's house, which had become a sort of 323 00:24:13,119 --> 00:24:17,480 Speaker 1: hippie magnet, drawing in care free kids traveling across the country. 324 00:24:18,240 --> 00:24:21,240 Speaker 1: He stopped showing up at National Guard assemblies and was 325 00:24:21,280 --> 00:24:25,920 Speaker 1: declared absent without official leave. He told his father Wallace, 326 00:24:26,200 --> 00:24:30,560 Speaker 1: that he was thinking about taking a vacation. Wallace supported 327 00:24:30,560 --> 00:24:34,040 Speaker 1: the vacation idea he knew how hard Harry was working. 328 00:24:34,800 --> 00:24:38,439 Speaker 1: He told his son to enjoy some time off and 329 00:24:38,600 --> 00:24:41,399 Speaker 1: promised that he would secure a bank loan so that 330 00:24:41,480 --> 00:24:46,199 Speaker 1: he could begin paying Harry a full time salary. On 331 00:24:46,320 --> 00:24:49,320 Speaker 1: June sixth, Harry hopped in a gray Buick along with 332 00:24:49,440 --> 00:24:53,560 Speaker 1: four other young adults, including his high school classmate Philip Bradbury. 333 00:24:54,320 --> 00:24:56,840 Speaker 1: He hadn't told his mother, Louise that he was leaving 334 00:24:57,480 --> 00:25:01,320 Speaker 1: because he knew she'd try to stop him. The group 335 00:25:01,400 --> 00:25:04,840 Speaker 1: stayed overnight in Louisville with Harry's older sister, Carolyn and 336 00:25:04,880 --> 00:25:08,720 Speaker 1: her husband. Then they drove north with no real plan. 337 00:25:09,600 --> 00:25:12,280 Speaker 1: For the next few weeks, the group bounced across the 338 00:25:12,320 --> 00:25:18,479 Speaker 1: Northeast and Midwest, staying with friends. Eventually they headed to Colorado. 339 00:25:18,600 --> 00:25:21,760 Speaker 1: At a campground outside Aspen, they met a girl who 340 00:25:21,760 --> 00:25:25,000 Speaker 1: told them that they'd just had to see Yellowstone, the 341 00:25:25,040 --> 00:25:29,520 Speaker 1: most beautiful place on Earth. Philip and Harry were sold. 342 00:25:29,960 --> 00:25:32,960 Speaker 1: Harry called his father and asked Wallace to mail his 343 00:25:33,040 --> 00:25:37,000 Speaker 1: camping gear to Cheyenne, Wyoming. He told his father that 344 00:25:37,040 --> 00:25:40,000 Speaker 1: he was as happy as he'd ever been and that 345 00:25:40,080 --> 00:25:44,480 Speaker 1: he wished Wallace could someday see the beautiful Rocky Mountains. 346 00:25:45,200 --> 00:25:47,280 Speaker 1: Philip and Harry split up from the rest of their 347 00:25:47,280 --> 00:25:49,640 Speaker 1: group in Boulder and hitchhiked the rest of the way 348 00:25:49,680 --> 00:25:53,240 Speaker 1: to Cheyenne. Once there, Harry picked up his camping gear 349 00:25:53,440 --> 00:25:57,040 Speaker 1: and called his father once more. Wallace told him that 350 00:25:57,080 --> 00:26:01,320 Speaker 1: the bank loan had come through. That great Daddy, Harry 351 00:26:01,359 --> 00:26:06,199 Speaker 1: said they would never speak again. Three days later, on 352 00:26:06,280 --> 00:26:09,199 Speaker 1: June twenty second, Harry was standing by the side of 353 00:26:09,200 --> 00:26:12,920 Speaker 1: the road in Livingston, Montana, with his thumb stuck out. 354 00:26:13,320 --> 00:26:17,720 Speaker 1: Pretty brunette eighteen year old Vicky Schlicht pulled over. Harry 355 00:26:17,760 --> 00:26:19,879 Speaker 1: said he was hoping for a ride to a nearby 356 00:26:19,920 --> 00:26:23,000 Speaker 1: campground to pick up Philip. Vicky said she could do that, 357 00:26:23,280 --> 00:26:25,640 Speaker 1: and that she could also drive them into Yellowstone after 358 00:26:26,280 --> 00:26:28,240 Speaker 1: where she was working for the summer at the Old 359 00:26:28,280 --> 00:26:31,640 Speaker 1: Faithful Inn. The trio spent much of the next two 360 00:26:31,680 --> 00:26:35,560 Speaker 1: and a half days together. Harry and Vicki hid it off. 361 00:26:36,040 --> 00:26:40,160 Speaker 1: She liked his long eyelashes, his shaggy, light brown hair, 362 00:26:40,680 --> 00:26:44,679 Speaker 1: his kindness, the way he really listened to her. He 363 00:26:44,800 --> 00:26:47,480 Speaker 1: talked about the farm, how he wanted to take her 364 00:26:47,520 --> 00:26:50,800 Speaker 1: there and introduce her to his family and to his 365 00:26:50,840 --> 00:26:58,359 Speaker 1: beloved horse, Comanche. They were cautiously but willingly imagining a 366 00:26:58,440 --> 00:27:03,879 Speaker 1: future together that that future would never come. Shortly before 367 00:27:03,920 --> 00:27:07,480 Speaker 1: one a m on June twenty fifth, not long after 368 00:27:07,520 --> 00:27:11,600 Speaker 1: the pair had their first kiss, a grizzly bear killed Harry. 369 00:27:13,040 --> 00:27:18,160 Speaker 1: The Walker family was devastated by Harry's death. Wallace used 370 00:27:18,160 --> 00:27:20,840 Speaker 1: the money he'd secured from the bank loan to ship 371 00:27:20,880 --> 00:27:26,280 Speaker 1: Harry's body home from Yellowstone. The family's loss was twofold. 372 00:27:26,960 --> 00:27:32,119 Speaker 1: They'd lost their precious son, and they'd lost a future too. 373 00:27:32,320 --> 00:27:35,840 Speaker 1: Wallace and Louise had counted on Harry taking over the farm. 374 00:27:36,600 --> 00:27:39,480 Speaker 1: They had counted on his labor to help support the family. 375 00:27:40,800 --> 00:27:45,720 Speaker 1: In the swipe of a paw, these dreams were gone. 376 00:27:45,760 --> 00:27:49,119 Speaker 1: A month after Harry's funeral, Louise Walker picked up the 377 00:27:49,200 --> 00:27:53,159 Speaker 1: ringing telephone. On the other end was a woman named 378 00:27:53,280 --> 00:27:56,960 Speaker 1: Martha Shell. Martha Shell was a fifty seven year old 379 00:27:56,960 --> 00:28:00,960 Speaker 1: housewife from Kansas City, Missouri. She and her husband spent 380 00:28:01,040 --> 00:28:03,840 Speaker 1: part of the year at their cabin in Colorado and 381 00:28:03,960 --> 00:28:08,280 Speaker 1: took frequent excursions to Yellowstone, where they loved to watch wildlife, 382 00:28:08,800 --> 00:28:12,879 Speaker 1: especially bears. But in the late nineteen sixties they'd notice 383 00:28:12,880 --> 00:28:16,359 Speaker 1: that the bear population seemed to be dropping. The Shells 384 00:28:16,400 --> 00:28:20,000 Speaker 1: weren't the only ones to notice this decline. Visitors to 385 00:28:20,080 --> 00:28:23,840 Speaker 1: Yellowstone were writing complaint letters to the park Service saying 386 00:28:23,880 --> 00:28:26,640 Speaker 1: that they weren't seeing any of the park's fabled bears. 387 00:28:27,640 --> 00:28:30,560 Speaker 1: Once Martha Shell learned that the Park Service was killing 388 00:28:30,600 --> 00:28:33,439 Speaker 1: bears who did not stay away from humans, she was 389 00:28:33,520 --> 00:28:36,720 Speaker 1: certain that this was the cause of the problem. She 390 00:28:36,840 --> 00:28:41,560 Speaker 1: began advocating for policy changes at Yellowstone and eventually connected 391 00:28:41,600 --> 00:28:47,400 Speaker 1: with John and Frank Craighead. When Martha heard about Harry 392 00:28:47,400 --> 00:28:51,160 Speaker 1: Walker's death, she was certain that Glenn Cole and Jack 393 00:28:51,240 --> 00:28:55,600 Speaker 1: Anderson's bear policy was to blame. The abrupted dumb closures 394 00:28:55,640 --> 00:28:58,480 Speaker 1: and the subsequent loss of food she and the Craigheads 395 00:28:58,480 --> 00:29:03,760 Speaker 1: believed had made bears desperate and reckless. On the phone 396 00:29:03,800 --> 00:29:07,440 Speaker 1: to Louise Walker, Martha Shell explained that the Park Service 397 00:29:07,560 --> 00:29:12,120 Speaker 1: was blaming her son for his death. This was true. 398 00:29:12,160 --> 00:29:15,000 Speaker 1: The Park Service had released statements claiming that Harry and 399 00:29:15,040 --> 00:29:18,200 Speaker 1: Philip's choice to leave food out in their campsite and 400 00:29:18,240 --> 00:29:22,160 Speaker 1: to camp illegally were the reasons Harry had died. Martha 401 00:29:22,280 --> 00:29:25,680 Speaker 1: also told Louise that her son was not the first 402 00:29:25,760 --> 00:29:30,440 Speaker 1: casualty of the Park Service's mismanagement of bears. In nineteen 403 00:29:30,520 --> 00:29:34,800 Speaker 1: sixty seven, two young women, Michelle Coons and Julie Helgeson, 404 00:29:35,160 --> 00:29:38,360 Speaker 1: were killed in separate attacks on the same night in 405 00:29:38,480 --> 00:29:42,560 Speaker 1: Glacier National Park in Montana. The Park Service had blamed 406 00:29:42,600 --> 00:29:45,920 Speaker 1: coons and helgeson for their fates, too, saying that the 407 00:29:45,960 --> 00:29:51,160 Speaker 1: women were menstruating attracting bears. But investigative journalist Jack Olsen 408 00:29:51,360 --> 00:29:54,520 Speaker 1: had discovered that before the attacks, there had been numerous 409 00:29:54,560 --> 00:29:58,600 Speaker 1: incidents with grizzlies at the park, especially in areas where 410 00:29:58,680 --> 00:30:03,280 Speaker 1: humans were feeding bear. Olsen's book about the incident, Knight 411 00:30:03,320 --> 00:30:07,520 Speaker 1: of the Grizzlies, received national attention upon its publication in 412 00:30:07,600 --> 00:30:11,960 Speaker 1: nineteen sixty nine. Martha Shell told Louise Walker that she 413 00:30:12,160 --> 00:30:15,560 Speaker 1: was going to send her Olsen's book. After all. The 414 00:30:15,600 --> 00:30:18,920 Speaker 1: Walkers had read the book and been horrified by what 415 00:30:19,000 --> 00:30:24,640 Speaker 1: they learned. They asked Shelle what to do. Sue, she said, 416 00:30:25,560 --> 00:30:28,640 Speaker 1: sue the Park service for the wrongful death of your son. 417 00:30:29,640 --> 00:30:32,080 Speaker 1: When Louise said she wouldn't even know how to find 418 00:30:32,080 --> 00:30:35,440 Speaker 1: an attorney, Martha told her not to worry about it. 419 00:30:36,120 --> 00:30:41,040 Speaker 1: She had an attorney in mind. His name was Steven Zetterberg, 420 00:30:41,600 --> 00:30:46,280 Speaker 1: Martha said, and he was an expert in national park cases. 421 00:30:51,160 --> 00:30:54,160 Speaker 1: Thirty years earlier, there had been no such thing as 422 00:30:54,200 --> 00:30:58,720 Speaker 1: a national parks case. That was because before nineteen forty six, 423 00:30:59,240 --> 00:31:03,680 Speaker 1: private citizens could not sue the federal government. The only 424 00:31:03,800 --> 00:31:07,640 Speaker 1: avenue for compensation if you suffered loss or harm due 425 00:31:07,640 --> 00:31:11,440 Speaker 1: to a federal employee's actions was getting Congress to pass 426 00:31:11,520 --> 00:31:15,440 Speaker 1: a private relief bill. But in nineteen forty six, motivated 427 00:31:15,440 --> 00:31:19,160 Speaker 1: by public pressure, the Federal Tort Claims Act was enacted, 428 00:31:19,720 --> 00:31:24,360 Speaker 1: allowing private citizens to sue the federal government. Two years later, 429 00:31:24,520 --> 00:31:27,360 Speaker 1: the law had its first application to a bear incident. 430 00:31:28,160 --> 00:31:31,480 Speaker 1: In nineteen forty eight, twenty three year old William Claypool 431 00:31:31,640 --> 00:31:35,120 Speaker 1: sued the National Park Service after a grizzly seriously injured 432 00:31:35,200 --> 00:31:38,560 Speaker 1: him in a campsite near Old Faithful. The night before 433 00:31:38,600 --> 00:31:42,080 Speaker 1: Claypool and his family had arrived in Yellowstone, a grizzly 434 00:31:42,120 --> 00:31:45,720 Speaker 1: bear had injured several people at the same campground, but 435 00:31:45,920 --> 00:31:49,840 Speaker 1: rangers told the Claypools that the site was safe. A 436 00:31:49,960 --> 00:31:52,640 Speaker 1: judge ruled that the Park Service employees had failed to 437 00:31:52,680 --> 00:31:56,479 Speaker 1: adequately warn Claypool of the danger opposed by bears, and 438 00:31:56,520 --> 00:32:00,440 Speaker 1: awarded him five thousand dollars. Over the next twelve years, 439 00:32:00,720 --> 00:32:04,000 Speaker 1: the claims against the Park Service for bear injuries would 440 00:32:04,000 --> 00:32:10,800 Speaker 1: total nearly a million dollars. Stephen Zetterberg, a tall Lean 441 00:32:10,920 --> 00:32:14,239 Speaker 1: lawyer in his late fifties, with curly gray hair and 442 00:32:14,360 --> 00:32:18,400 Speaker 1: an affinity for underdogs, took on his first National Parks 443 00:32:18,440 --> 00:32:22,600 Speaker 1: case in nineteen sixty four. Four years earlier, then ten 444 00:32:22,640 --> 00:32:25,480 Speaker 1: year old Smitty Parrot had been mauled by a grizzly 445 00:32:25,480 --> 00:32:29,320 Speaker 1: bear in Glacier National Park. Smitty had lost an eye 446 00:32:29,440 --> 00:32:33,280 Speaker 1: and a lung and endured years of reconstructive surgeries and 447 00:32:33,320 --> 00:32:38,120 Speaker 1: physical rehabilitation. His medical bills had nearly bankrupted his family. 448 00:32:39,280 --> 00:32:42,560 Speaker 1: Zetterberg filed a demand letter asking for three hundred and 449 00:32:42,640 --> 00:32:46,960 Speaker 1: twenty nine thousand dollars arguing that Glacier Rangers should have 450 00:32:47,120 --> 00:32:50,480 Speaker 1: closed the trail Smitty was mauled on after a bear 451 00:32:50,560 --> 00:32:54,480 Speaker 1: attack on the same trail ten days earlier. The case 452 00:32:54,560 --> 00:32:58,360 Speaker 1: was assigned to Assistant United States Attorney William Spivac and 453 00:32:58,560 --> 00:33:01,080 Speaker 1: was eventually settled out of court for one hundred thousand 454 00:33:01,080 --> 00:33:06,240 Speaker 1: dollars close to a million dollars today. Zetterberg faced speedback 455 00:33:06,320 --> 00:33:09,320 Speaker 1: again later that year, filing suit on behalf of a 456 00:33:09,360 --> 00:33:13,080 Speaker 1: boy named Mark Vaughn, who had fallen into an improperly 457 00:33:13,120 --> 00:33:18,640 Speaker 1: marked thermal pool in Yellowstone and suffered horrific burns. Again, 458 00:33:18,760 --> 00:33:21,720 Speaker 1: the case settled out of court this time for fifty 459 00:33:21,720 --> 00:33:26,520 Speaker 1: six thousand dollars. Zetterberg and Speedback, a methodical man in 460 00:33:26,560 --> 00:33:29,560 Speaker 1: his mid thirties, would be facing off again in the 461 00:33:29,600 --> 00:33:33,440 Speaker 1: Walker case, but this time they were going to trial. 462 00:33:35,040 --> 00:33:37,400 Speaker 1: They would be arguing their case in the United States 463 00:33:37,520 --> 00:33:41,680 Speaker 1: District Court in Los Angeles. You might be wondering why 464 00:33:41,880 --> 00:33:45,160 Speaker 1: was the death of an Alabama man in Wyoming being 465 00:33:45,280 --> 00:33:49,200 Speaker 1: argued in Los Angeles. This was due to some complicated 466 00:33:49,240 --> 00:33:53,160 Speaker 1: legal maneuvering on Stephen Zetterberg's part. After speaking to the 467 00:33:53,200 --> 00:33:56,880 Speaker 1: Walkers in nineteen seventy two, Zetterberg had agreed to take 468 00:33:56,920 --> 00:34:00,000 Speaker 1: their case, but he could only practice law in Calais. 469 00:34:01,440 --> 00:34:04,360 Speaker 1: To get the case moved to California, he appointed one 470 00:34:04,400 --> 00:34:08,920 Speaker 1: of his associates, Dennis Martin, as administrator of Harry Walker's estate. 471 00:34:09,960 --> 00:34:14,480 Speaker 1: Dennis Martin then submitted documents saying, in essence, the estate 472 00:34:14,600 --> 00:34:17,920 Speaker 1: plans to sue the government. If we win, the winnings 473 00:34:17,960 --> 00:34:21,520 Speaker 1: will go to the estate. Because I, the administrator of 474 00:34:21,520 --> 00:34:24,560 Speaker 1: the state am in California, the case should be decided here. 475 00:34:25,600 --> 00:34:29,400 Speaker 1: Jordan Fisher Smith describes this logic as quote a mobius 476 00:34:29,440 --> 00:34:32,960 Speaker 1: strip a snake eating its own tail. But it worked. 477 00:34:33,680 --> 00:34:37,120 Speaker 1: Martin's role in administering the estate is why this case 478 00:34:37,200 --> 00:34:42,040 Speaker 1: is called Martin v. United States. As with the Parrot 479 00:34:42,040 --> 00:34:45,880 Speaker 1: and Vaughan cases, Zetterberg was using the Federal Torts Claim 480 00:34:45,960 --> 00:34:49,640 Speaker 1: Act to try to get compensation for his clients. In 481 00:34:49,680 --> 00:34:52,480 Speaker 1: his suit, he explained how he believed the actions of 482 00:34:52,560 --> 00:34:58,279 Speaker 1: federal employees had caused Walker's death. The open garbage operations 483 00:34:58,280 --> 00:35:02,320 Speaker 1: were closed, the suit charge, and the bears, which hitherto 484 00:35:02,520 --> 00:35:06,839 Speaker 1: had congregated there were forced to seek other food sources. 485 00:35:06,880 --> 00:35:09,960 Speaker 1: Not being able to support themselves on their natural fodder 486 00:35:10,480 --> 00:35:13,120 Speaker 1: and being used to scraps from the tables of humans, 487 00:35:13,760 --> 00:35:18,520 Speaker 1: Grizzly bears increasingly invaded visitors campsites. The closure of the 488 00:35:18,600 --> 00:35:22,560 Speaker 1: dumps was negligent, and that defendant knew or should have known, 489 00:35:22,680 --> 00:35:25,640 Speaker 1: that it would substantially increase the number of grizzly bear 490 00:35:25,680 --> 00:35:32,600 Speaker 1: attacks on visitors. Defendants' activities constituted an ultra hazardous activity. 491 00:35:33,080 --> 00:35:38,000 Speaker 1: On January ninth, nineteen seventy five, Steven Zetterberg, accompanied by 492 00:35:38,000 --> 00:35:42,279 Speaker 1: Wallace Walker, arrived at Judge Andrew Hawk's courtroom to begin 493 00:35:42,320 --> 00:35:45,400 Speaker 1: the trial. There would be no jury for this trial, 494 00:35:45,920 --> 00:35:51,400 Speaker 1: only a judge. The Walkers, Wallace Louise and their youngest daughter, Jenny, 495 00:35:51,719 --> 00:35:54,760 Speaker 1: had flown to Los Angeles for the trial, their first 496 00:35:54,800 --> 00:35:58,840 Speaker 1: time on an airplane. Zetterberg's wife had taken Louise and 497 00:35:58,920 --> 00:36:02,320 Speaker 1: Jenny sightseeing, but Wallace wanted to be in the courtroom. 498 00:36:03,480 --> 00:36:07,680 Speaker 1: Shortly after proceedings began, though Zetterberg asked Wallace to leave. 499 00:36:08,360 --> 00:36:12,480 Speaker 1: He was submitting Harry's autopsy into evidence and didn't want 500 00:36:12,520 --> 00:36:16,520 Speaker 1: the grieving father to have to hear the details. Zetterberg 501 00:36:16,560 --> 00:36:20,200 Speaker 1: had a specific reason for admitting the autopsy. He wanted 502 00:36:20,200 --> 00:36:23,280 Speaker 1: to point out that though Harry had been torn apart, 503 00:36:23,320 --> 00:36:26,720 Speaker 1: there were no puncture marks indicative of large canine teeth, 504 00:36:27,080 --> 00:36:30,440 Speaker 1: which you would usually see with a bear attack. The 505 00:36:30,520 --> 00:36:34,719 Speaker 1: day after Harry's death, Yellowstone Rangers had set up a 506 00:36:34,800 --> 00:36:38,640 Speaker 1: number of cage traps around the campsite. One of these 507 00:36:38,680 --> 00:36:43,360 Speaker 1: cages caught a female grizzly Rangers using the small numbered 508 00:36:43,400 --> 00:36:46,440 Speaker 1: metal tag in her ear. The only form of grizzly 509 00:36:46,480 --> 00:36:50,440 Speaker 1: tracking at this point, identified the bear as number seventeen 510 00:36:50,719 --> 00:36:55,520 Speaker 1: ninety two, twenty two years old, elderly in grizzly terms, 511 00:36:55,920 --> 00:37:00,719 Speaker 1: seventeen ninety two's canine teeth were worn down to stumps, 512 00:37:02,040 --> 00:37:05,680 Speaker 1: rangers shot the bear, and a necropsy uncovered human hair 513 00:37:05,800 --> 00:37:10,839 Speaker 1: in her digestive track and on her claws. Identifying Bear 514 00:37:10,920 --> 00:37:14,759 Speaker 1: seventeen ninety two as Harry's killer was important for Zetterberg's 515 00:37:14,760 --> 00:37:18,560 Speaker 1: case because it was, in his view, another example of 516 00:37:18,600 --> 00:37:22,919 Speaker 1: mismanagement by the park. Bear seventeen ninety two had first 517 00:37:22,960 --> 00:37:27,040 Speaker 1: been identified in October nineteen seventy, when she had repeatedly 518 00:37:27,120 --> 00:37:31,880 Speaker 1: been found scavenging behind a cafe near Old Faithful. Rangers 519 00:37:31,880 --> 00:37:34,960 Speaker 1: had trapped and tranquilized her, and then transported her via 520 00:37:35,080 --> 00:37:38,960 Speaker 1: helicopter into the back country. This was standard practice for 521 00:37:39,000 --> 00:37:42,239 Speaker 1: bears who were found by human food, but according to 522 00:37:42,280 --> 00:37:45,960 Speaker 1: Frank Craighead in his testimony in the trial, this was 523 00:37:46,040 --> 00:37:50,480 Speaker 1: not a sustainable method of relocating grizzlies his research had found. 524 00:37:50,640 --> 00:37:54,640 Speaker 1: He explained on the stand that grizzlies would almost always 525 00:37:54,760 --> 00:37:57,040 Speaker 1: return to the spot from which they had been captured. 526 00:37:58,000 --> 00:38:01,120 Speaker 1: Frank Craighead had quite a bit more to say about 527 00:38:01,200 --> 00:38:04,960 Speaker 1: Yellowstone's management. He laid out for Judge Hawk how he 528 00:38:05,080 --> 00:38:07,800 Speaker 1: and his brother had raised their concerns about the abrupt 529 00:38:07,800 --> 00:38:11,200 Speaker 1: closure of the dumps, but the park, he said, had 530 00:38:11,239 --> 00:38:15,440 Speaker 1: not been receptive. Even more than that craig had claimed, 531 00:38:15,560 --> 00:38:19,240 Speaker 1: the park's management had warned the brothers to keep quiet 532 00:38:19,280 --> 00:38:24,240 Speaker 1: about potential risks. In August nineteen sixty eight, Glacier National 533 00:38:24,280 --> 00:38:27,240 Speaker 1: Park released a report into the deaths of Michelle Coon's 534 00:38:27,280 --> 00:38:31,000 Speaker 1: and Julie Helgeson. This report claimed that the bears may 535 00:38:31,040 --> 00:38:33,919 Speaker 1: have been attracted to the victim's menstrual blood and their 536 00:38:33,960 --> 00:38:37,960 Speaker 1: perfumed cosmetics. I'll note here that later studies have shown 537 00:38:37,960 --> 00:38:41,320 Speaker 1: that there is no correlation between menstruation and bear attacks, 538 00:38:41,960 --> 00:38:44,560 Speaker 1: but at the time it was both a commonly believed 539 00:38:44,600 --> 00:38:47,799 Speaker 1: myth and a helpful way for the park service to 540 00:38:47,880 --> 00:38:52,879 Speaker 1: divert blame for the deaths. Glen Cole, Yellowstone's chief biologist, 541 00:38:53,320 --> 00:38:57,800 Speaker 1: admitted to Frank Craighead per Craighead's testimony, that the Glacier 542 00:38:57,880 --> 00:39:04,239 Speaker 1: report was quote whitewash. Nevertheless, Cole told Craighead that he 543 00:39:04,400 --> 00:39:07,920 Speaker 1: and his brother needed to publicly back the report's finding. 544 00:39:08,560 --> 00:39:11,760 Speaker 1: If they didn't, Cole threatened the Craigheads would be kicked 545 00:39:11,800 --> 00:39:15,880 Speaker 1: out of Yellowstone. This story hinted at doubts over the 546 00:39:15,880 --> 00:39:20,200 Speaker 1: park's policy within Glen Cole himself, but he was only 547 00:39:20,239 --> 00:39:23,799 Speaker 1: willing to admit this doubt in private. In public, he 548 00:39:23,840 --> 00:39:27,440 Speaker 1: presented the policy of dumb closure as a total success. 549 00:39:29,040 --> 00:39:33,319 Speaker 1: In December nineteen seventy one, Glen Cole had announced at 550 00:39:33,360 --> 00:39:36,520 Speaker 1: a meeting of the American Association for the Advancement of 551 00:39:36,560 --> 00:39:40,560 Speaker 1: Science that no human being had been injured by a 552 00:39:40,600 --> 00:39:45,120 Speaker 1: grizzly that year in Yellowstone. This Cole said was proof 553 00:39:45,239 --> 00:39:49,480 Speaker 1: that their bear management program was working. Speback submitted the 554 00:39:49,600 --> 00:39:52,600 Speaker 1: zero injury record at trial to show that the Park 555 00:39:52,640 --> 00:39:56,280 Speaker 1: Service did not need to warn visitors, including Harry Walker, 556 00:39:56,600 --> 00:40:01,840 Speaker 1: of unusual danger from bears, but argued that only considering 557 00:40:01,960 --> 00:40:05,640 Speaker 1: injuries resulted in an incomplete image of the bear situation. 558 00:40:06,520 --> 00:40:10,000 Speaker 1: To prove his point, he asked Frank Craighead to analyze 559 00:40:10,080 --> 00:40:15,040 Speaker 1: Yellowstone's bear logs from nineteen sixty six to nineteen seventy one. 560 00:40:15,120 --> 00:40:18,200 Speaker 1: These were ledgers maintained by rangers in each district of 561 00:40:18,239 --> 00:40:23,280 Speaker 1: the park which recorded bear incidents. The term incident includes 562 00:40:23,360 --> 00:40:28,920 Speaker 1: many kinds of bear activity, from property damage to threatening behavior, relocations, 563 00:40:28,920 --> 00:40:33,840 Speaker 1: and injuries. The bear management logs showed the scope of 564 00:40:33,880 --> 00:40:38,160 Speaker 1: bear activity in Yellowstone. There may have been no injuries 565 00:40:38,239 --> 00:40:41,200 Speaker 1: by grizzlies in nineteen seventy one but that did not 566 00:40:41,360 --> 00:40:46,480 Speaker 1: mean that there were no grizzly encounters. Craighead showed Judge 567 00:40:46,520 --> 00:40:49,319 Speaker 1: Hawk that rangers in the district closest to one of 568 00:40:49,360 --> 00:40:53,320 Speaker 1: the closed dumps had logged one hundred and one incidents 569 00:40:53,360 --> 00:40:57,000 Speaker 1: in nineteen seventy one, and that was only in one district. 570 00:40:57,840 --> 00:41:00,200 Speaker 1: In the two years preceding the closure of the DYEP 571 00:41:00,360 --> 00:41:04,080 Speaker 1: nineteen sixty six and nineteen sixty seven, the district had 572 00:41:04,120 --> 00:41:07,680 Speaker 1: logged an average of only twenty one incidents a year. 573 00:41:08,640 --> 00:41:13,000 Speaker 1: Despite Cole and Anderson's public proclamations of success, bear incidents 574 00:41:13,040 --> 00:41:16,440 Speaker 1: in the park had only risen in recent years. The 575 00:41:16,440 --> 00:41:19,720 Speaker 1: more grizzlies that came into contact with humans, the greater 576 00:41:19,840 --> 00:41:23,880 Speaker 1: the chance of an injury or killing. But the government 577 00:41:23,960 --> 00:41:27,640 Speaker 1: claimed that it wasn't policy that had caused Harry Walker's death, 578 00:41:28,280 --> 00:41:32,840 Speaker 1: it was Harry Walker. In a deposition, Glenn Cole stated 579 00:41:32,840 --> 00:41:38,520 Speaker 1: that improperly stored food and an illegally established campsite attracted 580 00:41:38,560 --> 00:41:41,880 Speaker 1: the bear, and that the bear was apparently defending this 581 00:41:41,960 --> 00:41:45,920 Speaker 1: food when it attacked. The government called on Canadian grizzly 582 00:41:45,960 --> 00:41:50,120 Speaker 1: biologist Andrew Pearson to support this point about Walker's responsibility 583 00:41:50,160 --> 00:41:54,719 Speaker 1: to store his food safely wherever grizzlies occur. Pierson testified 584 00:41:55,280 --> 00:41:58,160 Speaker 1: it is essential that precautions be taken by campers and 585 00:41:58,239 --> 00:42:02,319 Speaker 1: developers to keep garbage and other potential bear foods inaccessible, 586 00:42:02,960 --> 00:42:05,839 Speaker 1: because the presence of such an alternative food source may 587 00:42:05,880 --> 00:42:08,840 Speaker 1: predispose a bear, through no fault of its own, to 588 00:42:08,920 --> 00:42:13,480 Speaker 1: an encounter with a human. Food safety wasn't the only 589 00:42:13,560 --> 00:42:16,680 Speaker 1: area where the government believed that Harry Walker had been negligent. 590 00:42:17,440 --> 00:42:20,800 Speaker 1: William Spivack argued that the park would have warned Harry 591 00:42:20,800 --> 00:42:24,160 Speaker 1: Walker about the danger of bears if he had properly 592 00:42:24,200 --> 00:42:27,920 Speaker 1: engaged with park authorities during his visit instead of visiting 593 00:42:27,920 --> 00:42:30,360 Speaker 1: a ranger station and getting a camping permit. When they 594 00:42:30,480 --> 00:42:33,640 Speaker 1: arrived at the park, Harry and Philip had camped illegally, 595 00:42:34,480 --> 00:42:38,000 Speaker 1: and when Vicki Schlicht had driven Harry and Philip into Yellowstone, 596 00:42:38,400 --> 00:42:41,080 Speaker 1: the park ranger at the entrance gate had seen the 597 00:42:41,120 --> 00:42:45,240 Speaker 1: employee sticker on her car, assuming that Harry and Philip 598 00:42:45,239 --> 00:42:48,120 Speaker 1: were also employees, he hadn't given the young men the 599 00:42:48,160 --> 00:42:51,560 Speaker 1: standard lecture about the dangers of bears in geothermal pools, 600 00:42:52,040 --> 00:42:56,600 Speaker 1: nor the accompanying brochures. Steven Zetterberg argued that even if 601 00:42:56,640 --> 00:43:00,640 Speaker 1: Harry had received these warnings, they wouldn't be enough. The 602 00:43:00,640 --> 00:43:05,080 Speaker 1: Park Service's message in these communications, Zetterberg said, had more 603 00:43:05,120 --> 00:43:08,120 Speaker 1: to do with leaving bears alone, not feeding them or 604 00:43:08,120 --> 00:43:11,239 Speaker 1: harassing them. It said nothing about the fact that a 605 00:43:11,239 --> 00:43:15,480 Speaker 1: bear might attack you unprovoked, and unlike at other parks, 606 00:43:15,640 --> 00:43:19,680 Speaker 1: including Glacier, there were no signs in high traffic grizzly 607 00:43:19,719 --> 00:43:24,359 Speaker 1: areas at Yellowstone to warn visitors of increased risk. Even 608 00:43:24,400 --> 00:43:27,200 Speaker 1: though the government was arguing that the dump closure policy 609 00:43:27,280 --> 00:43:30,640 Speaker 1: had nothing to do with Harry's death, several witnesses still 610 00:43:30,680 --> 00:43:34,200 Speaker 1: made a point of defending the policy. Glen Cole said 611 00:43:34,200 --> 00:43:37,279 Speaker 1: that the grizzlies visited the area around Old Faithful to 612 00:43:37,840 --> 00:43:41,880 Speaker 1: quote prey upon the elk population that also frequents the area, 613 00:43:42,640 --> 00:43:45,600 Speaker 1: implying that bears would be in the area even without 614 00:43:45,640 --> 00:43:49,760 Speaker 1: the dump closures. Also testifying in defense of the policy 615 00:43:50,120 --> 00:43:53,960 Speaker 1: was Starker Leopold, one of the highest profile, most powerful 616 00:43:54,000 --> 00:43:58,400 Speaker 1: figures in wildlife ecology. Leopold testified that the danger to 617 00:43:58,480 --> 00:44:01,960 Speaker 1: humans was greatest when the dumps first closed, but that 618 00:44:02,120 --> 00:44:06,279 Speaker 1: over time the risk decreased because quote, young bears were 619 00:44:06,280 --> 00:44:09,720 Speaker 1: not learning to eat garbage. Leopold believed that this theory 620 00:44:09,760 --> 00:44:12,120 Speaker 1: had been proven right, given that there had been no 621 00:44:12,200 --> 00:44:15,960 Speaker 1: bear injuries in nineteen seventy one, although he had not 622 00:44:16,120 --> 00:44:21,520 Speaker 1: seen the bear incident logs. On cross examination, Zetterberg pushed 623 00:44:21,600 --> 00:44:26,000 Speaker 1: Leopold for his true feelings about bear management. He asked 624 00:44:26,080 --> 00:44:29,680 Speaker 1: Leopold if bears could really be weaned from garbage. Quickly, 625 00:44:30,480 --> 00:44:33,880 Speaker 1: Leopold said they could. Looking down at a piece of paper, 626 00:44:34,080 --> 00:44:38,640 Speaker 1: Zeterberg read aloud quote, bears conditioned by years of human 627 00:44:38,719 --> 00:44:42,320 Speaker 1: handouts can hardly be expected to abandon their old handouts 628 00:44:42,360 --> 00:44:47,040 Speaker 1: on command. Now, He asked Leopold, would you agree with 629 00:44:47,080 --> 00:44:51,799 Speaker 1: that statement? Leopold admitted that he did agree. He had 630 00:44:51,840 --> 00:44:53,839 Speaker 1: to because he was the one who had written that 631 00:44:53,880 --> 00:44:58,279 Speaker 1: statement two years earlier. Zetterberg also got Leopold to admit 632 00:44:58,400 --> 00:45:00,480 Speaker 1: that he had disagreed with some of the Cole and 633 00:45:00,480 --> 00:45:05,759 Speaker 1: Anderson's other decisions. Leopold had recommended, in accordance with the Craigheads, 634 00:45:06,000 --> 00:45:09,840 Speaker 1: that backcountry bait station should be set up. Colan Anderson 635 00:45:09,920 --> 00:45:14,160 Speaker 1: had not done so. Leopold had also recommended that monitoring 636 00:45:14,200 --> 00:45:18,760 Speaker 1: of bears, including radio callers, should continue after the dumb closures. 637 00:45:19,880 --> 00:45:23,120 Speaker 1: Col and Anderson had ended all radio tracking and removed 638 00:45:23,160 --> 00:45:27,640 Speaker 1: visible markings from bears so that, in Zetterberg's words, bears 639 00:45:27,640 --> 00:45:31,000 Speaker 1: would look spruced up for the centennial. Is that worth 640 00:45:31,040 --> 00:45:34,120 Speaker 1: the price of bad figures and bad results in terms 641 00:45:34,120 --> 00:45:38,480 Speaker 1: of record keeping? Zetterberg asked Judge Hawk had a similar 642 00:45:38,560 --> 00:45:43,360 Speaker 1: question about Cole and Anderson's cost benefit analysis. He asked 643 00:45:43,400 --> 00:45:46,240 Speaker 1: Frank Craighead how much one of the radio callers cost 644 00:45:47,400 --> 00:45:51,760 Speaker 1: about three thousand dollars per animal. Craig had said, whatever 645 00:45:51,800 --> 00:45:55,920 Speaker 1: the cost, Hawk replied, I suspect that radio collaring grizzlies 646 00:45:56,160 --> 00:45:59,920 Speaker 1: might be considerably cheaper than paying off bereaved families of 647 00:46:00,080 --> 00:46:04,880 Speaker 1: bear attack victims. In court, Hawks certainly seemed sympathetic to 648 00:46:04,960 --> 00:46:11,160 Speaker 1: Zetterberg's case. Frank Craighead's testimony, as well as emotional testimony 649 00:46:11,320 --> 00:46:15,200 Speaker 1: by Harry's sister Jenny, who explained how she now planned 650 00:46:15,200 --> 00:46:18,040 Speaker 1: to forego college in order to help her parents keep 651 00:46:18,080 --> 00:46:23,040 Speaker 1: the farm running, made for a compelling narrative. But William 652 00:46:23,080 --> 00:46:25,920 Speaker 1: Spovac still had a few legal tricks up his sleeve, 653 00:46:26,520 --> 00:46:30,040 Speaker 1: and he planned to deploy his strongest points during closing arguments, 654 00:46:30,480 --> 00:46:35,600 Speaker 1: which began on February twenty fourth, nineteen seventy five, Stephen 655 00:46:35,680 --> 00:46:40,200 Speaker 1: Zetterberg presented his closing. First, he spoke about Harry's hard working, 656 00:46:40,320 --> 00:46:43,920 Speaker 1: friendly nature and about how much Harry's family missed him. 657 00:46:44,560 --> 00:46:46,960 Speaker 1: He talked about all the times that the part could 658 00:46:47,000 --> 00:46:50,960 Speaker 1: have warned visitors about the increased danger from grizzlies, about 659 00:46:50,960 --> 00:46:54,279 Speaker 1: how there were no signs discussing the danger, no literature 660 00:46:54,320 --> 00:46:57,640 Speaker 1: on it, only warnings not to feed bears from their cars. 661 00:46:58,640 --> 00:47:02,520 Speaker 1: The point is, this said, the government was taking a 662 00:47:02,640 --> 00:47:05,879 Speaker 1: risk by closing the dumps and sending bears hungry into 663 00:47:05,880 --> 00:47:11,000 Speaker 1: the park. That risky decision had killed Harry Walker. It 664 00:47:11,080 --> 00:47:15,960 Speaker 1: had devastated the Walker family, and unless the park changed course, 665 00:47:16,480 --> 00:47:18,880 Speaker 1: they might not be the last family to suffer in 666 00:47:18,960 --> 00:47:22,880 Speaker 1: this way. I hope your Honor will send a message 667 00:47:22,960 --> 00:47:27,480 Speaker 1: to the Interior Department via a substantial award, Zetterberg concluded, 668 00:47:28,160 --> 00:47:31,440 Speaker 1: so that this kind of thing will never happen again. 669 00:47:33,040 --> 00:47:35,880 Speaker 1: William Spivack had a message of his own to send, 670 00:47:36,400 --> 00:47:40,600 Speaker 1: but his was for future campers. If you obey the rules, 671 00:47:40,680 --> 00:47:45,280 Speaker 1: Spevack argued, you will be safer. If Harry and Philip 672 00:47:45,280 --> 00:47:48,440 Speaker 1: had gone into a ranger's office and gotten a camping permit, 673 00:47:48,480 --> 00:47:51,280 Speaker 1: like they were supposed to. They would have been advised 674 00:47:51,320 --> 00:47:53,640 Speaker 1: by a ranger to hang their food in a tree, 675 00:47:54,120 --> 00:47:56,799 Speaker 1: not stored on the ground of their campsite like they had. 676 00:47:57,920 --> 00:48:00,560 Speaker 1: There is a brand new visitors center open at Old 677 00:48:00,560 --> 00:48:05,240 Speaker 1: Faithful if Harry and Philip wanted to be informed responsible visitors, 678 00:48:05,320 --> 00:48:08,560 Speaker 1: Spevac said they could have gone in at any time. 679 00:48:09,680 --> 00:48:14,240 Speaker 1: Spevac had a theory for why they hadn't. Before Harry 680 00:48:14,320 --> 00:48:17,880 Speaker 1: had left Alabama, he had been marked absent without official 681 00:48:17,960 --> 00:48:22,240 Speaker 1: leave a wall by the National Guard. At the time 682 00:48:22,600 --> 00:48:25,319 Speaker 1: a wall, guardsmen who were located were sent to the 683 00:48:25,360 --> 00:48:29,360 Speaker 1: regular Army, and this might mean being shipped to Vietnam. 684 00:48:30,320 --> 00:48:33,320 Speaker 1: Harry Walker wasn't a young man on one last vacation 685 00:48:33,520 --> 00:48:37,240 Speaker 1: before he settled down. Spevac said he was a man 686 00:48:37,320 --> 00:48:40,840 Speaker 1: on the run from military service. He had avoided the 687 00:48:40,840 --> 00:48:44,640 Speaker 1: park rangers in Spevak's portrayal because he was afraid of 688 00:48:44,680 --> 00:48:50,360 Speaker 1: getting caught. Spevac had one last argument to make. The 689 00:48:50,440 --> 00:48:55,200 Speaker 1: nineteen forty six Federal Torque Claims Act had a discretionary 690 00:48:55,320 --> 00:49:00,680 Speaker 1: function exception. This exception, broadly speaking, states that the government 691 00:49:00,800 --> 00:49:05,120 Speaker 1: is not liable for policy related actions that government employees 692 00:49:05,440 --> 00:49:10,239 Speaker 1: choose to take If this seems confusing and vague to you, 693 00:49:11,120 --> 00:49:15,240 Speaker 1: I agree. Courts have long debated over how to define 694 00:49:15,239 --> 00:49:20,040 Speaker 1: this exception, but generally, as long as a federal employee's 695 00:49:20,080 --> 00:49:23,799 Speaker 1: action was an exercise of their own judgment and was 696 00:49:23,920 --> 00:49:28,880 Speaker 1: not mandated by a federal statute, policy, or regulation, it 697 00:49:29,000 --> 00:49:33,240 Speaker 1: is seen to be discretionary. In this case, Spevac argued 698 00:49:33,640 --> 00:49:36,880 Speaker 1: the decision to close the dumps was a discretionary function 699 00:49:36,960 --> 00:49:41,960 Speaker 1: of the Park Service and thus exempt from liability. It 700 00:49:42,000 --> 00:49:44,640 Speaker 1: would be up to Judge Hawk to determine if the 701 00:49:44,680 --> 00:49:48,600 Speaker 1: dump closure decision was indeed exempt. He didn't make the 702 00:49:48,680 --> 00:49:53,879 Speaker 1: lawyers wait. Shortly after closing arguments concluded, Judge Hawk said, 703 00:49:54,560 --> 00:49:57,160 Speaker 1: I will never know any more about this case than 704 00:49:57,200 --> 00:50:01,480 Speaker 1: I do right now. I am ready to rule. In 705 00:50:01,560 --> 00:50:06,080 Speaker 1: the case of Martin v. United States, Judge Andrew Hawk 706 00:50:06,200 --> 00:50:10,840 Speaker 1: had found that in the wrongful death of Harry Eugene Walker, 707 00:50:11,560 --> 00:50:22,319 Speaker 1: the National Park Service was responsible. Judge Hawk's ruling was 708 00:50:22,360 --> 00:50:25,360 Speaker 1: not just a victory for the Walkers, it was also 709 00:50:25,520 --> 00:50:28,960 Speaker 1: a victory for the Craigheads. Hawk had agreed with all 710 00:50:29,000 --> 00:50:32,040 Speaker 1: of their findings, stating that the park had been warned 711 00:50:32,080 --> 00:50:35,480 Speaker 1: about the dangers of abruptly closing the dumps, but had 712 00:50:35,520 --> 00:50:40,680 Speaker 1: not adequately notified visitors of these dangers. Yellowstone officials had 713 00:50:40,760 --> 00:50:44,799 Speaker 1: also failed to take precautions, such as establishing backcountry base 714 00:50:44,880 --> 00:50:49,920 Speaker 1: stations or monitoring the bear population with radio callers. After 715 00:50:49,960 --> 00:50:53,880 Speaker 1: his ruling, Judge Hawk awarded the Walker family eighty seven thousand, 716 00:50:54,160 --> 00:50:58,320 Speaker 1: four hundred and seventeen dollars and sixty seven cents, equivalent 717 00:50:58,360 --> 00:51:01,520 Speaker 1: to about half a million dollars today, an amount meant 718 00:51:01,560 --> 00:51:04,520 Speaker 1: to encompass the life value of Harry's work on the farm, 719 00:51:05,160 --> 00:51:10,640 Speaker 1: the loss of Harry's companionship, and his burial expenses, but 720 00:51:10,680 --> 00:51:14,880 Speaker 1: the Walkers would never receive this money. The government appealed 721 00:51:14,880 --> 00:51:18,640 Speaker 1: the decision, and in December nineteen seventy six, an appellate 722 00:51:18,680 --> 00:51:23,360 Speaker 1: court reversed Judge Hawk's decision. This court ruled that Speback's 723 00:51:23,440 --> 00:51:25,799 Speaker 1: argument that the decision to close the dumps was a 724 00:51:25,840 --> 00:51:31,760 Speaker 1: discretionary function immune from liability was correct. Further, they found 725 00:51:31,800 --> 00:51:35,880 Speaker 1: that Harry had contributed to his own death. This appeals 726 00:51:35,920 --> 00:51:39,920 Speaker 1: case was determined using Wyoming law, not California law as 727 00:51:39,960 --> 00:51:43,680 Speaker 1: in the first case, and under Wyoming law, anyone who 728 00:51:43,760 --> 00:51:47,439 Speaker 1: contributed at all to their own injury or death could 729 00:51:47,440 --> 00:51:51,479 Speaker 1: not collect money. Stephen Zetterberg tried to appeal the case 730 00:51:51,520 --> 00:51:54,880 Speaker 1: to the Supreme Court, but in nineteen seventy seven, the 731 00:51:54,920 --> 00:51:58,720 Speaker 1: court declined to hear the case. Knowing that the money 732 00:51:58,840 --> 00:52:01,520 Speaker 1: was crucial for the Walker to keep their farm running, 733 00:52:02,040 --> 00:52:05,360 Speaker 1: Zetterberg lobbied for a relief bill in which the government 734 00:52:05,400 --> 00:52:10,160 Speaker 1: would directly grant the walker's money. Alabama Senator John Sparkman 735 00:52:10,320 --> 00:52:14,400 Speaker 1: introduced the relief bill. It should have been an uncontroversial 736 00:52:14,440 --> 00:52:18,440 Speaker 1: bill that passed easily, but a former Yellowstone ranger named 737 00:52:18,560 --> 00:52:22,080 Speaker 1: Jerry Tayes, who now worked for the Park Services Legislative Office, 738 00:52:22,520 --> 00:52:26,720 Speaker 1: thought that the bill was wrong. Tays believed that Harry, 739 00:52:27,040 --> 00:52:29,920 Speaker 1: not the Park, was the one responsible for his death. 740 00:52:31,160 --> 00:52:36,040 Speaker 1: Tays raised his concerns to Wyoming Senator Malcolm Wallop. Wallops 741 00:52:36,120 --> 00:52:39,440 Speaker 1: strongly opposed the bill, seeing it to be an unjust 742 00:52:39,560 --> 00:52:45,040 Speaker 1: government handout, and raised objections to it. Junior Alabama Senator 743 00:52:45,120 --> 00:52:47,720 Speaker 1: James Allen planned to defend the bill on the Senate 744 00:52:47,760 --> 00:52:50,400 Speaker 1: floor in the summer of nineteen seventy eight, but the 745 00:52:50,480 --> 00:52:53,280 Speaker 1: day before the debate, he died of a heart attack. 746 00:52:54,200 --> 00:52:58,439 Speaker 1: The bill never passed. Without the money, the Walkers could 747 00:52:58,480 --> 00:53:02,000 Speaker 1: not afford to maintain their farm, they sold off the 748 00:53:02,080 --> 00:53:06,319 Speaker 1: land acre by acre until by nineteen seventy seven, as 749 00:53:06,400 --> 00:53:10,600 Speaker 1: Jenny Walker told the Aniston Star newspaper quote, there was 750 00:53:10,640 --> 00:53:15,880 Speaker 1: nothing else to sell. The loss wasn't only financial. Wallace 751 00:53:15,920 --> 00:53:19,200 Speaker 1: Walker told the Star that after Harry's death, the joy 752 00:53:19,280 --> 00:53:23,160 Speaker 1: had gone out of farming for him. He helped so much. 753 00:53:23,280 --> 00:53:26,319 Speaker 1: Wallace said, it was the kind of help only a 754 00:53:26,480 --> 00:53:30,440 Speaker 1: sun could give. With both of us working, it wasn't 755 00:53:30,480 --> 00:53:36,000 Speaker 1: bad at all. It was fun then, but now it's murder. 756 00:53:37,560 --> 00:53:40,120 Speaker 1: As the Walkers struggled to keep their heads above water, 757 00:53:40,520 --> 00:53:44,640 Speaker 1: the Park Service continued to struggle with bears. Shortly after 758 00:53:44,680 --> 00:53:48,480 Speaker 1: the Walker verdict, in July nineteen seventy five, grizzly bears 759 00:53:48,480 --> 00:53:52,040 Speaker 1: were named as a threatened species under the Endangered Species Act, 760 00:53:52,400 --> 00:53:56,640 Speaker 1: granting them new protections. The Forest Service brought John and 761 00:53:56,719 --> 00:53:59,600 Speaker 1: Frank Craig Head in to help with grizzly management and 762 00:54:00,000 --> 00:54:03,280 Speaker 1: agan work on a project to map grizzly habitats in Montana. 763 00:54:04,280 --> 00:54:07,400 Speaker 1: At the same time, public criticism of the Park Services 764 00:54:07,440 --> 00:54:12,200 Speaker 1: bear management was growing. Harry Walker's death and the subsequent 765 00:54:12,280 --> 00:54:15,839 Speaker 1: trial helped raise awareness of the issue, as did Jack 766 00:54:15,880 --> 00:54:20,040 Speaker 1: Olsen's book on the Glacier deaths, as well as horrifying 767 00:54:20,160 --> 00:54:23,880 Speaker 1: photographs of a mass grave of black bears killed by 768 00:54:24,000 --> 00:54:28,680 Speaker 1: rangers at Yosemite. Starter Leopold sent a graduate student of 769 00:54:28,719 --> 00:54:31,600 Speaker 1: his named David Graeber to help with the bear situation 770 00:54:31,680 --> 00:54:35,600 Speaker 1: at Yosemite, and Graber would soon make a simple intervention 771 00:54:35,840 --> 00:54:42,200 Speaker 1: that changed everything. Graber developed a bear proof food storage box. 772 00:54:43,280 --> 00:54:46,440 Speaker 1: The first boxes were installed in nineteen seventy seven in 773 00:54:46,520 --> 00:54:50,080 Speaker 1: Yosemite and are now common at campsites across the country. 774 00:54:51,080 --> 00:54:55,640 Speaker 1: With easy access to food, shut off, bears stopped frequenting campgrounds. 775 00:54:56,680 --> 00:55:00,680 Speaker 1: The combination of improved bear monitoring and a sustained solution 776 00:55:00,840 --> 00:55:04,520 Speaker 1: to keeping bears away from popular human areas meant good 777 00:55:04,640 --> 00:55:09,560 Speaker 1: things for human safety. Bear injuries and deaths still occur, 778 00:55:10,000 --> 00:55:14,080 Speaker 1: though rarely in the national parks, but very few of 779 00:55:14,120 --> 00:55:17,879 Speaker 1: these deaths occur due to bears seeking out human food. 780 00:55:18,760 --> 00:55:23,560 Speaker 1: These changes were also good for grizzlies, though grizzly populations 781 00:55:23,640 --> 00:55:28,040 Speaker 1: continued to decline through the nineteen seventies and eighties, reaching 782 00:55:28,080 --> 00:55:31,200 Speaker 1: a low of an estimated ninety nine bears in the 783 00:55:31,239 --> 00:55:36,440 Speaker 1: Greater Yellowstone ecosystem in nineteen ninety. Their populations have rebounded. 784 00:55:37,440 --> 00:55:40,880 Speaker 1: As of twenty twenty two, the ecosystem is home to 785 00:55:40,960 --> 00:55:47,200 Speaker 1: an estimated nine hundred and sixty five grizzlies. Back in Alabama, 786 00:55:47,520 --> 00:55:52,120 Speaker 1: the Walker daughters rallied around their parents. All three girls 787 00:55:52,160 --> 00:55:56,120 Speaker 1: and their families got houses nearby, and eventually Jenny and 788 00:55:56,200 --> 00:55:59,680 Speaker 1: her husband bought the farm, moving into a mobile home 789 00:55:59,719 --> 00:56:02,560 Speaker 1: next to the farmhouse so that Wallace and Louise could 790 00:56:02,600 --> 00:56:06,759 Speaker 1: stay put. Wallace Walker died in September two thousand and four. 791 00:56:07,400 --> 00:56:12,600 Speaker 1: Louise followed him less than a month later. Today, thanks 792 00:56:12,600 --> 00:56:16,400 Speaker 1: to the intervention of conservationists, much of the farm makes 793 00:56:16,480 --> 00:56:20,360 Speaker 1: up part of the Chocalaca Creek Watershed Alliance, a protected 794 00:56:20,400 --> 00:56:25,080 Speaker 1: wildlife refuge. One of the conservationists involved in the creation 795 00:56:25,239 --> 00:56:30,480 Speaker 1: of the alliance was Harry's niece, Renee Simmons Rainey, an 796 00:56:30,600 --> 00:56:35,400 Speaker 1: environmental educator whose career path was inspired by Harry's life 797 00:56:35,440 --> 00:56:39,520 Speaker 1: and death. In twenty sixteen, she spoke about her memories 798 00:56:39,520 --> 00:56:44,280 Speaker 1: of Harry to the Anniston Star quote, I'm standing hand 799 00:56:44,400 --> 00:56:47,920 Speaker 1: in hand with Harry and walking around the farm as 800 00:56:47,960 --> 00:56:50,840 Speaker 1: he identified animal tracks and talked to me about the 801 00:56:50,880 --> 00:56:54,080 Speaker 1: hawks and what they were doing. He was always paying 802 00:56:54,120 --> 00:56:58,200 Speaker 1: attention to the habitat. If there's a lesson from Harry 803 00:56:58,200 --> 00:57:02,520 Speaker 1: Walker's story, says Geordan Fisher Smith, it's to be like 804 00:57:02,640 --> 00:57:08,320 Speaker 1: Harry to always pay attention to our habitats. Everybody's personal 805 00:57:08,360 --> 00:57:13,720 Speaker 1: story exists in a biological context, Smith says, and nature 806 00:57:13,960 --> 00:57:19,880 Speaker 1: and its fate is connected to our fates. That's the 807 00:57:19,960 --> 00:57:24,439 Speaker 1: story of Martin v. United States. Stay with me after 808 00:57:24,480 --> 00:57:28,280 Speaker 1: the Break to hear about lawyer Stephen Zetterberg's battle with 809 00:57:28,440 --> 00:57:37,680 Speaker 1: one of America's most infamous politicians. In nineteen forty eight, 810 00:57:38,120 --> 00:57:42,760 Speaker 1: thirty two year old Stephen Zetterberg was very worried. There 811 00:57:42,800 --> 00:57:46,120 Speaker 1: were only six weeks left in the primary for California's 812 00:57:46,120 --> 00:57:49,880 Speaker 1: twelfth congressional district, and there was no Democratic candidate on 813 00:57:49,920 --> 00:57:53,680 Speaker 1: the ballot. If no one stepped up, the seat's incumbent, 814 00:57:53,960 --> 00:57:58,760 Speaker 1: a Republican, would cruise to reelection. Zetterberg didn't want that 815 00:57:58,880 --> 00:58:03,560 Speaker 1: to happen. This incumbent had showed, in Zetterberg's mind a 816 00:58:03,680 --> 00:58:08,480 Speaker 1: concerning willingness to align himself with the tyrannical anti communist 817 00:58:08,600 --> 00:58:13,840 Speaker 1: House on American Activities Committee. Zetterberg asked the seat's former occupant, 818 00:58:14,000 --> 00:58:17,920 Speaker 1: a Democrat, to try to run again when this man declined, 819 00:58:18,680 --> 00:58:21,920 Speaker 1: Zetterberg decided he'd just have to do it himself and 820 00:58:22,000 --> 00:58:27,720 Speaker 1: declared his candidacy. Zetterberg was new to campaigning. He threw 821 00:58:27,800 --> 00:58:32,000 Speaker 1: square dances to drum up support. His opponent, a seasoned pro, 822 00:58:32,520 --> 00:58:36,919 Speaker 1: took a more aggressive approach. In California, at the time, 823 00:58:37,200 --> 00:58:41,080 Speaker 1: candidates could cross file or register under both parties for 824 00:58:41,160 --> 00:58:46,600 Speaker 1: primary elections. Zetterberg's opponent did just that, listing himself as 825 00:58:46,600 --> 00:58:50,280 Speaker 1: both a Democrat and a Republican and sending mailers that 826 00:58:50,400 --> 00:58:54,440 Speaker 1: described himself as a Democrat to Democratic voters despite his 827 00:58:54,560 --> 00:58:59,120 Speaker 1: true Republican affiliation. As a result, he won both the 828 00:58:59,200 --> 00:59:05,200 Speaker 1: Republican and Democratic primaries that spring, guaranteeing him reelection in 829 00:59:05,240 --> 00:59:09,000 Speaker 1: the fall. Two years later, this representative ran for the 830 00:59:09,040 --> 00:59:13,080 Speaker 1: Senate and employed the same cross filing strategy that he'd 831 00:59:13,120 --> 00:59:19,160 Speaker 1: perfected against Zetterberg. This time people took notice. Democrats coined 832 00:59:19,200 --> 00:59:23,480 Speaker 1: a nickname for this man, Tricky Dick. But Tricky Dick 833 00:59:23,680 --> 00:59:26,520 Speaker 1: wasn't one to be dragged down by name calling. He 834 00:59:26,600 --> 00:59:31,440 Speaker 1: won the election, and that was only the start. The 835 00:59:31,480 --> 00:59:34,960 Speaker 1: man star kept rising, and in nineteen sixty eight he 836 00:59:35,040 --> 00:59:40,680 Speaker 1: was elected President of the United States. Stephen Zetterberg's primary opponent, 837 00:59:41,000 --> 00:59:43,880 Speaker 1: as you may have guessed by now, was none other 838 00:59:44,480 --> 00:59:49,480 Speaker 1: than Richard Nixon. Thank you for listening to History on Trial. 839 00:59:49,880 --> 00:59:52,920 Speaker 1: My main sources for this episode were Jordan Fisher Smith's 840 00:59:52,960 --> 00:59:57,040 Speaker 1: book Engineering Eden, The True Story of a violent Death, 841 00:59:57,440 --> 01:00:01,680 Speaker 1: a Trial, and the Fight over Controlling Nature, as well 842 01:00:01,720 --> 01:00:05,120 Speaker 1: as coverage of the story by Harry Walker's hometown newspaper, 843 01:00:05,560 --> 01:00:09,440 Speaker 1: The Aniston Star. For a full bibliography, as well as 844 01:00:09,440 --> 01:00:12,600 Speaker 1: a transcript of this episode with citations, please visit our 845 01:00:12,600 --> 01:00:18,360 Speaker 1: website History on Trial podcast dot com. History on Trial 846 01:00:18,560 --> 01:00:22,240 Speaker 1: is written and hosted by me Mira Hayward. The show 847 01:00:22,320 --> 01:00:26,080 Speaker 1: is edited and produced by Jesse Funk, with supervising producer 848 01:00:26,120 --> 01:00:31,800 Speaker 1: Trevor Young and executive producers Dana Schwartz, Alexander Williams, Matt Frederick, 849 01:00:32,000 --> 01:00:35,520 Speaker 1: and Mira Hayward. Learn more about the show at History 850 01:00:35,520 --> 01:00:39,720 Speaker 1: on Trial podcast dot com and follow us on Instagram 851 01:00:39,760 --> 01:00:44,600 Speaker 1: at History on Trial and on Twitter at Underscore History 852 01:00:44,600 --> 01:00:49,040 Speaker 1: on Trial. Find more podcasts from iHeartRadio by visiting the 853 01:00:49,040 --> 01:00:53,160 Speaker 1: iHeartRadio app, Apple Podcasts, or wherever you listen to your 854 01:00:53,160 --> 01:00:54,760 Speaker 1: favorite shows.