SYRACUSE, NY - The Cayuga Indian Nation filed a court motion last week to block Cayuga County from prosecuting the nation for selling tax-free cigarettes to non-Indians and asked the court to dismiss sealed indictments that were lodged against the Cayugas in December 2008 but never opened, the Post-Standard reports.

The request follows a decision last month by the state Court of Appeals that ruled the counties could not prosecute the nation for selling tax-free cigarettes to non-Indians, maintaining the stores are on qualified reservation land and that the state does not have a system in place to collect the tax.

"The district attorneys should voluntarily consent to the dismissal of the indictments and end this costly taxpayer-financed charade,۪۪ said Daniel French, an attorney for the Cayugas.

Last month, county District Attorney Jon Budelmann said that he intended to continue prosecuting the case, arguing that the ruling did not preclude him from prosecuting the nation for possessing untaxed cigarettes with the intent to sell them to non-Indians.

In their motion, the Cayugas said that the appeals court decision bars prosecution for both the possession and sale of untaxed cigarettes and requested that judges in both counties dismiss the indictments without opening them.

"Indeed, the only purpose the unsealing of the indictments and arraignment of the defendants would serve would be to expose them to public derision for 'crimes۪ they have not committed and for which they can not be prosecuted,۪۪ the nation۪s motion states.