Notwithstanding a possible settlement, the trial over the proposed casino in the Hamptons by the Shinnecock Indian nation is scheduled to begin this April. Last Thursday morning, attorneys for New York State, Southampton Town, the federal government, and the Shinnecock tribe met in Islip for a preliminary discussion with presiding federal justice Thomas C. Platt.

The judge, who has stated he will decide whether or not the tribe may build and operate a casino on its 79-acre Hampton Bays property known as West Woods, urged the rival parties to meet this week to discuss a possible settlement. However, Southampton Town officials have previously stated any negotiation regarding casino plans would be rejected outright. Representing the state, Assistant Attorney General Robert Siegfried requested an extension that the court allow its "expert witness" to complete analysis of the tribe's genealogy, which Platt granted. The state's deadline was set for April 24, at which time the trial is expected to begin in earnest.

Question Continuity
But Platt and Shinnecock Attorney Christopher Lunding seemed to agree that the prosecution's attempt to disprove the tribe's continuous genealogy and use of the land may be moot. "My limited reading doesn't indicate you have to have absolute continuity over the years," Platt told counsel.

"The final word of this question is not with the [Bureau of Indian Affairs], but with this court," Platt restated.

Representing the U.S. Attorney General's office, Kevin Mulry said the Federal Government is seeking to extricate itself from the case, which Platt made it an unwilling party to late last year, so that it may be bound by his decision. Mulry declined to comment on the record.

Siegfried said the state has thus far produced some 7500 documents relative to its case against the tribe for submission to the court, but had yet to submit them. Attorney Michael Cohen, of Nixon Peabody LLP, said Southampton Town would follow suit and turn over roughly 1600 pages of documentation to the court. Cohen denied claims by Lunding that the state and town's response lacked cohesion.

Disputes
"The state and the town are co-plaintiffs in this case and are acting as co-plaintiffs would," he said. "These are typical disputes that happen in every discovery process in every litigation I've ever been involved in. Discovery creates more disputes than anything else."

This February marks one year since news broke of the Shinnecock Nation's intention to build a high-stakes gaming facility in Hamptons Bays -- a move that could drastically alter the gateway to the prestigious resort community.

Since then the tribe has been sued by both Southampton Town and the State of New York after tribe members began acreage at West Woods in preparation of construction sans the federal recognition or state compact traditionally necessary for tribes to open gaming halls.

Experts across the nation will be following the case closely -- as the unpredictable Platt's decision could have precedent-setting ramifications, and could alter the Hamptons forever.

The Judge said he would determine the tribe's ability to open the casino after receiving word from the BIA that it could take up to a decade to process the tribe's federal application. From all accounts, the judge and all interested parties are seeking a fast-track resolution of the problem.

"The judge has been pushing everyone to move faster," Cohen added. "We've crammed months and months of work into a couple of weeks."

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