No. CIV 98-011-S

DRY, et al

Petitioners,

VS.


CHOCTAW CFR COURT, et al, Respondents.

COMES NOW the Petitioners Doug Dry, Rosie Burlison and Juanita McConnell and as their response to Respondents' Motion to Dismiss, affirms and states the following:

There are exceptions to the mootness doctrine and these exceptions are applicable here. One exception is that an issue is "capable of repetition, yet evading review." Spencer v. Kemna, 523 U.S. 1 (1998). An issue fitting this exception is when (1) the challenged action is in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there is a reasonable expectation that the same complaining party will be subjected to the same action again. Spence . See Fact Argument and specifically affidavit's of Douglas Dry, Exhibit H; Rosie Burlison, Exhibit D; and Juanita McConnell, Exhibit P. Another exception occurs when a "collateral consequences" from a judgment gives a party a substantial stake in the outcome of the case. Chavez-Palacios, 30 F2d 1290, 1292-93, (10th Cir. 1994). In this case, the "collateral consequences" is the civil rights damages lawsuit filed by Petitioners in Dry v. USA, U.S. District Court Case No. CIV-97-113-B. Two defendants in that action are Bob Rabon and Robert Rabon, partners in Rabon, Wolf & Rabon,
"Attorneys for the Choctaw Nation" that signed the Dismissal of criminal charges pending against Petitioners in the Choctaw CFR Court of Indian Offenses. A successful resolution of the Writ would affect the outcome of the civil damages lawsuit. Because the Petitioners have a damages claim against the Rabons, the claim constitutes "a collateral consequence within the meaning of the mootness doctrine." Sule v. Warden, ADX Florence Colorado, 133 F.3d 933 (10" Cir. 1998).

The Supreme Court has held "that a criminal case is moot only if it is shown there is no possibility that any collateral legal consequences will be imposed on the basis of the challenged conviction." Sibron v. New York , 392 U.S. 40, 57 (1968). A collateral consequence is not necessarily limited to the few legal penalties articulated by the Supreme Court in Carafas v. LaVallee , 391 U.S. 234, 237 (1968), but may be defined more broadly as the possibility of a legal consequence stemming from one's status. See Sibron, 392 U.S. at 55 (The "mere possibility" of an adverse legal collateral consequence "is enough to preserve a criminal case from ending ignominiously in the limbo of mootness.") (internal quotation marks and citation omitted). In Sule v. Warden, Adx Florence, 133 F.3d 933 (1998), the Tenth Circuit articulated a rule that the rule requiring a successful attack on the underlying disciplinary sanction before pursuing a damages claim constitutes a collateral consequence within the meaning of the mootness doctrine. In this case, there is a civil rights damages suit parallel with this case. The Choctaw Nation is attempting to invalidate liability against its officers, including Bob Rabon and Robert Rabon, by dismissing the criminal charges stemming from the 1995 arrests. The Tenth Circuit has ruled that the civil rights damages action is a "collateral consequence" to negate the writ of habeas corpus from being moot in Sule.

In Heck v. Humphrey, 512 US. 477 (1994), Heck filed a civil damages suit stemming from his conviction. In the civil rights damages suit, the Supreme Court found that a plaintiff must prove the conviction or sentence 1) has been reversed on direct appeal; 2) expunged by executive order; 3) declared invalid by a state tribunal authorized to make such determination; or 4) called into question by a federal court's issuance of a writ of habeas corpus. The Supreme Court did not address the issue of the prosecution dismissing the charges as proof of damages in a civil rights damages suit. However, the Tenth Circuit did in Sule, and found that Petitioners did have a collateral consequences within the exception to mootness. In addition to having a pending criminal charge against Petitioner.

1. Petitioner Dry is charged in Court of Indian Offenses of the Choctaw Nation case no. CR97-02 with ASSAULT AND BATTERY UPON A POLICE OFFICER (Durant Police Officer Ben Venstra), filed January 24, 1997.1 Information attached as Exhibit A, Exhibit 16 to the Writ. This charge is still pending before the Choctaw Court of Indian Offenses. With a criminal prosecution still pending before the Choctaw Court, this writ is not moot.

2. The Information filed against the Petitioners, in Choctaw Court of Indian Offenses case nos. CR-95-01, 02, 03, 04, and 05, were signed by Robert L. Rabon, "prosecuting attorney." See Exhibits 7 through I I of the Writ.

3. The Dismissals of Petitioners Dry, Burlison and McConnell, filed July 10, 2000 and attached to Respondents' Motion to Dismiss as Exhibit A-E, were not signed by Choctaw CFR Court of Indian Offenses magistrate James Wolfe, but merely Rabon, Wolf & Rabon, "Attorneys for the Choctaw Nation."

1 Count XVI on page 26 of the original Writ, filed January 9, 1998, addresses the motive of retaliation by the Choctaw Nation in filing the 1997 criminal information charge stemming from the September 2, 1996 arrest of Douglas Dry. Exhibit E is a tort claim, dated September 4, 1996 from Douglas Dry to the City of Durant for his illegal September 2, 1996 arrest.(back)

4. The Dismissals, signed by Robert Rabon of Rabon, Wolf & Rabon, "Attorneys for the Choctaw Nation," confirms allegations contained in Count V, VI, XI and XIII of the Writ, in that there is no separation of powers within the Choctaw governmental structure and a conflict of interest is created when the prosecutor is the tribal attorney.

5. The law firm of Rabon, Wolf & Rabon, "Attorneys for the Choctaw Nation," has dismissed criminal charges pending in Choctaw CFR Court of Indian Offenses to gain an advantage in other litigation. On February 24, 1997, in Burlison v. City of Atoka, et. al,2 U.S. District Court for the Eastern District of Oklahoma case no. CIV-96-616-S, the Choctaw Nation, through attorney Bob Rabon of the Rabon, Wolf and Rabon law firm, filed a motion to dismiss as moot an injunction stemming from the arrest of Bob Burlison by the Choctaw Nation police in 1996. Exhibit F, Rabon stated, on page one, that the "tribal prosecutor"3 had discovered a deficiency in tribal law that necessitated dismissing the charge. Exhibit 48 to the Writ, Count V and XI of the Writ. The Choctaw Nation has a history of dismissing charges or filing charges, (see Count XVI of the Writ), to gain an advantage in a civil matters.

6. In addition, the Choctaw Nation has used the same dismissal tactic to avoid providing discovery, see Exhibit 42 and 43 to the Writ. With the exception of the limited discovery received

2 Burlison v. Keating was removed from Oklahoma County to Federal court for the Eastern District of Oklahoma, then remanded back to state court in Atoka County.(back)

3 Robert L. Rabon, the Court of Indian Defenses Prosecutor, is the son and law partner of Bob Rabon, Choctaw Nation Tribal Attorney. In the absence of the senior law partner, Bob Rabon, the son, Robert L. Rabon, represents the Tribe in Court and advises tribal officialsincluding the Tribal Council.(back)

from the Choctaw Nation in the 1995 Criminal cases,4 identified in paragraph 2 above, the Petitioners have not received any discovery from the Choctaw Nation in response to the Petitioners Discovery Requests filed in the following cases:

a. The criminal case of Choctaw Nation of Oklahoma v. Douglas Dry, case no. CR-97-02.

b. Dry v. United States, case no. CIV-97-113-B (E.D. Okla. filed February 26, 1997.

C. Dry v. City of Durant, case no. CIV-97-344-B (E.D. Okla. filed May 30, 1997.

d. Burlison v. City of Atoka, et. al, U.S. District Court for the Eastern District of Oklahoma case no. CIV-96-616-S, and later moved to Atoka County and styled Bob Burlison v. Choctaw Nation et. al, case no. C-96-198.

7. Defendant Bob Rabon apparently advises or influences the CFR Choctaw Court of Indian Offenses as well. Plaintiffs, who are defendants in the criminal action, filed a motion to dismiss the criminal charges on September 28, 1995. Plaintiffs did not receive notice of the ruling on that motion until January 24, 1997. Exhibit 45 to the Writ. However, defendant Bob Rabon stated in numerous pleadings in other forums that, not only had a decision been reached on that motion, but

4 On March 6, 1995, Petitioners received an endorsement of witnesses listing thirty-one (31) names and addresses and later in 1997 received forty-three (43) statements mostly from tribal employees, and a few non-tribal employees, all of which were immediate family members, of tribal employees. On September 26, 1997, (two years after Petitioners' requested said photographs), twentyfour (24) photos taken by Judy Allen, editor of the monthly Tribal newspaper, Bishinik were provided, however, there are numerous additional photographs which have been withheld from the Petitioners in the 1995 criminal case. See Affidavit of Douglas Dry, Exhibit H and Elizabeth Imotichy, Exhibit I.(back)

that it had been decided against Plaintiff. On September 30, 1996, in Oklahoma County District Court, in a case styled Bob Burlison v. Keating, et al., case no. CJ-96-6410-61, the Choctaw Nation, through Bob Rabon, filed a motion to dismiss an injunction filed by Petitioner Rosie Burlison's husband, Bob Burlison. Exhibit 44 to the Writ. On page 5 of the motion, Rabon alleged that the "C.F.R. Court has already decided the issue" of criminal jurisdiction of the Choctaw Constitution "contrary to plaintiffs position." On September 26, 1996, Bob Rabon filed a Petition for Declaratory and Injunctive Relief on behalf of the members of the Choctaw Nation Tribal Counci5 stating on page 2 "Such claim is absurd and the CFR Court of Indian Offenses for the Choctaw Nation has rejected this position", see Exhibit G. Again, Bob Rabon made these statements four months before Plaintiffs or their attorney were notified of the decision. Lack of separation between the judicial branches and the tribal attorney defendant Bob Rabon can be inferred from these statements.

8. Dismissing criminal charges against these Petitioners in Choctaw Court of Indian Offenses case nos. CR-95-01, 02, 03, 04, and 05 does not guarantee that these Petitioners will not be charged again. Petitioner Dry had been charged repeatedly by the Choctaw CFR Court of Indian Offenses tribal prosecutor Robert Rabon on questionable grounds and questionable facts. The 1995 arrest of Petitioner's Juanita McConnell and Rosie Burlison was witnessed by numerous witnesses both Choctaw, and non-Indian, none of whom have been listed as witnesses by the Choctaw Nation prosecutor. The video tape shows clearly that Rosie Burlison was doing nothing more than video taping from a reasonable distance the arrest of Juanita McConnell. The actions on the part of the

5 Randle Durant, et al, v. Douglas G. Dry, Bob Burlison, Juanita McConnell, and Rosie Burlison, case no.CIV-96-06.(back)

Choctaw Nation police, security, and tribal employees are briefly recorded on the video tape previously presented to this Court in Exhibit I of the Writ. In addition to the few seconds of video, the video tape recorded an additional approximately forty-five (45) minutes of audio, which both video and audio shows the actions on the part of Petitioner Juanita McConnell and Rosie Burlison were at all times lawful and reasonable. The only reason there is not a longer video record of the arrest is due to the intentional interference by the Director of Law Enforcement of the Choctaw Nation, Kim Reed, and her subordinate police officers to shut the evidence gathering video camera down. See and listen to Exhibit I of the Writ.

9. The 1995 arrest of Petition Dry was witnessed by numerous witnesses, both Choctaw and non-Choctaw citizens who report that Dry did nothing wrong, nor was the instigator of the assault upon his person and subsequent illegal 1995 and 1996 arrests. See Affidavit of Curtus Coley, Exhibit J; Nettle Webb, Exhibit K; Affidavit of Elizabeth Imotichey, Exhibit 1; Sharon Poe, Exhibit L; Affidavit of Wanda Faye Juanita Poe, Exhibit M; Affidavit of J.C. Poe, Exhibit N; Affidavit of David Lee Poe, Exhibit 0.

10. The Choctaw Nation law enforcement intentionally failed to take statements from unbiased and disinterested witnesses. The Choctaw Nation prosecutor and tribal attorney have intentionally withheld exculpatory evidence from the Defendants. The witnesses and their statements in their affidavits described in paragraph 9 above have been available to the Choctaw Nation police, Court of Indian Offenses prosecutor and tribal attorney from the day of the arrest. It was two years before the photograph's were provided to Petitioners by Tribal employee, editor of the tribal newspaper, and tribal spokeswoman, Judy Allen. In addition, Judy Allen took numerous additional photographs which would reveal an additional five officers which joined in the attack of
Douglas Dry and his family, however, the tribal attorney and tribal prosecutor have Intentionally withheld this evidence from the Petitioner Douglas Dry.

11. In the original Petition for Writ of Habeas Corpus and Request for Evidentiary Hearing and Memorandum of Law in Support, filed by Petitioners on January 9, 1998, referred to in this brief as the Writ, clearly points out on page 17 under Count 10, paragraph 65, that under Title 25 of the Code of Federal Regulations, it is the Bureau of Indian Affairs which has the authority to appoint Court of Indian Offenses prosecutors and magistrates. In Robert Rabon's April 27, 2000 Respondent's Supplemental Brief on Exhaustion of Tribal Remedies, was attached as Exhibit D, which was a letter dated March 13, 1997 from the acting Area Director for the Bureau of Indian Affairs, Muskogee Area Office, which states in the second paragraph "that each magistrate shall be appointed by the Assistant Secretary - Indian Affairs.... subject to conformation by majority of the tribal governing body..." The March 13 1997 letter goes on to state, "The nomination [for the magistrate positions with the Choctaw Nation Court of Indian Offenses Appellate Court] of persons by the Choctaw Tribal Council subject to confirmation by the Bureau of Indian Affairs appears to be the reverse of the procedure required by Federal law. "

12. Petitioners have maintained from the beginning that the Court of Indian Offenses is a Federal Court to administer criminal and civil jurisdiction in the absence of tribal jurisdiction. That at no time have the Petitioners challenged the sovereignty of the Choctaw Nation, nor of the ultimate sovereigns, the members of the Choctaw Nation, right of criminal misdemeanor and civil jurisdiction over themselves. However, as stated throughout all cases referenced in this brief, and specifically in this Writ, the members of the Choctaw Nation denied criminal and civil jurisdiction to their government since 1983 in their adoption of their Constitution of the Choctaw Nation. What appears
to be misunderstood is that the reverse procedure was performed by the Choctaw Nation in the hiring of Bob Rabon as prosecutor and magistrate James Wolfe for the Court of Indian Offenses. The March 13, 1997 from the acting Area Director for the Bureau of Indian Affairs, Muskogee Area Office was correct in their assessment of the process to pick appellate judges. However, what it failed to mention is that the Magistrate of the Court of Indian Offenses should also be hired by the Bureau of Indian Affairs, which was not done in the case of Magistrate James Wolfe, nor was the prosecutor hired by the BIA subject to normal advertising and competitive bids.

Other innocent tribal citizens, like Petitioners, are subject to arrests. Petitioners have spent approximately five years of their lives under a cloud over their liberty and tremendous expense to be free of this cloud. The same issues presented by the Petitioners are still available to any Choctaw citizen arrested and prosecuted by Robert Rabon of Rabon, Wolf & Rabon, "Attorneys for the Choctaw Nation." Even after all of this time and expense, Petitioner Dry is still under a cloud with pending charges against him from the 1997 criminal charges filed, as described in paragraph I above. It is time the issues presented by this Writ be decided, and put to rest once and for all. This Court has the opportunity to do just that by not dismissing the Writ because it is not moot.

I hereby certify that on this 20th day of July, 2000, 1 placed in first class U.S. mail, postage prepaid a true and correct copy of the above and foregoing to Robert Rabon, Rabon, Wolfe, & Rabon, Post Office Box 726, Hugo, OK 74742.

Case No. 98-011

DOUGLAS G. DRY, ROSIE BURLISON and JUANITA McCONNELL,

Petitioners,

VS.


CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION, JAMES WOLFE, Magistrate,

Respondents.

STATE OF OKLAHOMA

COUNTY OF LATIMER

I, Rosie Lee Burlison, do, under oath, affirm and state:

I I live at 111 West Court, Atoka, Oklahoma 74525, and have resided there with my
husband since November of 1993.

2. I am a citizen and registered voter of the Choctaw Nation of Oklahoma.

3. I attended the Labor Day Festivities of the Choctaw Nation of Oklahoma on September 2"'
and 4", 1995 at Tuskahoma, Oklahoma.

4. On the morning of September 4, 1995, I arrived for a meeting of Native Women for Justice at the softball field in front of the old council house at approximately 9:05 a.m. I arrived with my two sons, Brian (age 17) and Christian (age 13). I brought with me a video camera, camera equipment, and brochures advertising Native Women for Justice and Choctaws for Democracy. The brochures were brought to be distributed to the other members of the group, to be used in recruiting new members, and to advertise the existence of our group to other concerned Choctaws. I myself hoped to video tape the swearing in ceremony and State of the Nation speech that morning in the amphitheater.

5. I found none of the other members at the ball field, and as I was five minutes late in arriving, I and my two sons walked towards the amphitheater, where I knew another group to which my husband belongs was going to meet at 10:00 a.m. I hope to meet the other members of my group there. I sent my oldest son Brian down to the area where they were supposed to meet, and had him take my video camera and bag, as I would not need them until the speeches. When I came to the area of the old Council house, I saw a lady come up to a uniformed officer and overheard her say that they needed to go down to the area west of the Council building, that there was a lady down there handing out brochures, and that she was causing a scene. I told my youngest son Chris to come with me, as I was a afraid that it might be one of our group.

6. I went directly to the area west of the Tribal Council building with Chris and found Choctaw Nation Officer Bill Barrow demanding the brochures from Juanita McConnell. Juanita said that he could have the brochures in her hand, but not the other ones in her possession. He demanded all the brochures, and Juanita said no. Officer Barrow then said, "Well, then, I'll have to arrest you" to which Juanita replied, "Well, you arrest me then, because you are not going to get my other brochures."

7. The next thing I knew, Officer Barrow grabbed her left arm. Juanita said, "If you are going to handcuff me, handcuff me by this other (the right) arm. I've just have a mastectomy recently and the doctor told me not to move my (left) arm any more than I have to." The officer put a handcuff on her left arm anyway and pulled it back. Juanita cried out "You're hurting me!" I turned to my son Chris and told him to get Brian and to have him bring my video camera. When I turned back around, the police had Juanita down on the ground and appeared to be wrestling with her. Juanita was screaming, so I turned around to see where my sons were. My boys arrived with the camera which I turned on in time to see officer Barrow escorting Juanita towards a tribal police car with her hands handcuffed behind her back. As he passed, someone grabbed the front of my camera and shut the lens cover, and I couldn't see through it. I said "What..." and felt someone grab my wrist and put a handcuff on. I said "What?" and I turned and was told that I was under arrest for disturbing the peace. I asked "What for? I was only taking pictures." When the officer moved his arm, the handcuff pinched my arm. I jerked and said "Ow, that hurt! You're pinching my arm!" That is when I was told that I was also arrested for resisting arrest.

8. Someone took my camera from me. As I was being pulled to the patrol car, I turned to see where my two sons were. I saw my oldest son, Brian, surrounded by police, and I was frightened, as there was no family present to take care of my sons, and they were both obviously frightened. I saw one officer shove Brian and try to get my bag. I heard someone say "Don't touch that boy!" and I started yelling "Leave my son alone!" I couldn't see my youngest son Chris, and then couldn't see Brian because of the crowd. I asked the officer if he could loosen the cuffs, as they were pinching my arm. He interlocked two cuffs together which helped, and the officer put me in the front seat of the patrol car. Officer Hoppy Denison came up and yelled at me, telling me that that place wasn't for anything political, and that I needed to get my stuff and get out of there, that I wasn't wanted there. I told him that I had a right to be here, that I hadn't done anything there except take pictures. I was in the police car, and the car turned to head from the scene. I looked out and saw my thirteen year old son Chris, standing there alone looking so scared and crying. I begged Officer Barrow to stop and let me talk to him, to tell him what to do as I had no idea where Brian was at that point. Officer Barrow replied, "Well, you should have thought of that before you got arrested," and refused to let me talk to Chris. I told him that I was only taking pictures.

9. I was taken to Clayton and my personal effects, even my shoes, were taken from me. I was held for three hours until office Barrow and a female EMT arrived. I showed the Clayton police officer and Patsy Maddox the marks on my wrists, and you could clearly see the pinch marks from the cuffs even three hours later. I was taken back to Tuskahoma to Tribal court and brought before Judge Wolfe, along with Doug Dry, Juanita McConnell, and Dwayne Hicks. I was then told that the charges against me were disturbing the peace and resisting arrest. I was told to get a lawyer' and notify the court within fifteen days who the lawyer was. I was asked to enter a plea if I wanted, but that I did not have to at that time. I pled Not Guilty. I was not told about my rights until Judge Wolfe told me in the court room that I had the right to have a lawyer. I told Judge Wolfe that I had a video camera taken from me, and that it had been damaged. I showed the camera to him as well. He asked me if all my other property had been returned, and I said "Yes." However, I subsequently learned that the tribal policy had taken my camera bag and equipment also, and this property has not been returned to this date. I have put in a request that it be returned.

10. I believe that I still, to this day, am under the threat of arrest. That as a Choctaw citizen, I attend regularly the monthly open meetings of the Choctaw Tribal Council at the tribal grounds at Tuskahoma, and regular non-political, and political events within the Choctaw Nation on land defined as Indian Country. That almost without exception, when I'm at a tribal event, the Tribal security and police officers keep a close distance to myself and my family, and this has resulted in a chilling effect on my freedom of movement and freedom of speech. I am in great anxiety in my fear of being arrested without cause by these tribal officials.

Dated this 19th day of July, 2000.

Sworn and subscribed to before me this 19th day of July, 2000 .

My commission expires: 01-20-04

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

City Council
Durant City Clerk
Post Office Box 578
Durant, OK 74702

RE: Torts Claim of Douglas G. Dry pursuant to 51 O.S. § 151, et. seq.

Dear Sirs:

On Monday, September 2, 1996, 1 attended the Labor Day Festival at Tuskahoma, Oklahoma. The festival was held on Choctaw land. I was walking around near the amphitheater on the grounds when several uniformed Durant Police officers stopped me.

One officer said "you are prevented from passing out literature here today." I informed the officer I was not handing out anything. At this point, three officers grabbed my arms and wrestled my arms behind my back. I was held in this position for several minutes (an illegal detention and arrest under federal and Oklahoma statutes). During this scuffle, I continued to ask the officers to let me go, informing the officers that I had not violated any laws. one officer said, "if you don't calm down, I'm going to spray you," and he held up a can of mace.

During their assault, I continued to ask the police officers to let me go and why the Durant Police Department had stopped me. One officer said, "you can't possess your literature within 10 foot of your posted area." I replied that I have not seen any law that says that. The officer answered, "we are advising you." I asked the officer again to show me the law. He repeated, "we are advising you."

One officer said quit resisting. I replied, "you are illegally holding me. Let me go." The officer said, "sir, quit resisting." I said, "let me go. Unless I am arrested for something, let me go." At that point, The chief of police for the Choctaw Nation came up to these Durant officers said, "turn him loose."

It is obvious that these Durant police officers were excited and anxious to get involved with violating the rights of Indian people on Indian land. It is equally obvious that their supervisors and the Durant city officials failed to properly train and prepare them for what is and is not legal in Indian Country.

I was assaulted and held against my will by three Durant Police Department officers on the grounds of the Choctaw Nation Labor Day Festival at Tuskahoma. These officers violated my right of free speech under the United States Constitution and the State of Oklahoma Constitution. These officers were acting under color of law since they were in uniform, with badges from the Durant Police Department and Durant Police Department police cruisers were patrolling the grounds.

This detainment was unconstitutional. The Durant police officers went out of their way to attempt to intimidate me, creating a chilling effect on free speech and movement. I have incurred much damage as a victim of the officers's improper action. I had to face the indignity of this unlawful detainment in front of the audience present at the amphitheater. The physical assault by the officers has resulted in an injury to my back, which has required me to seek medical treatment.

I hereby make demand for $1,000,000 from the City of Durant for this unlawful assault and battery, detainment, and arrest arising out of the negligent actions of the officers, their superiors and the City of Durant. Contact me within 15 days of this writing with your response or we will be forced to take further action.

Sincerely,

DGD: sm

Case No. CIV-96-616-S

Bob Burlison,

Plaintiff, vs.

City of Atoka, et al.,

Defendants.

Comes now the defendants', Choctaw Nation of Oklahoma and City of Caddo, Oklahoma and respectfully shows to the Court:

When this action began, plaintiff was charged with a criminal offense in the Court of Indian Offenses of the Choctaw Nation of Oklahoma (CRF Court). The basis of plaintiff's cause of action was the claim that the Choctaw Nation's tribal government was without authority to provide said Court system services or law enforcement services for the Department of Interior, Bureau of Indian Affairs. As a part of his action for relief, plaintiff attacked the validity of cross-deputization law enforcement agreements of the Bureau and the Tribe with various cities and counties, also party defendants herein.

Specifically, plaintiff alleged that he was being unlawfully prosecuted and was at risk of being arrested by officers of the defendant cities and counties by reason of his decision to resist the Court's authority. Recently, the tribal prosecutor discovered a deficiency in the tribal law under which plaintiff was being prosecuted and, on February 13, 1997, dismissed the charges against plaintiff. Such action renders the
issues in this case moot and it should be dismissed.

Wherefore, defendants respectfully move this Court to dismiss this cause for the reason that the issues presented are now moot.

I hereby certify that on the 24th day of February, 1997, 1 mailed a copy of the foregoing Defendant, Choctaw Nation of Oklahoma and City of Caddo, Oklahoma's Motion to Dismiss Because Controversy is Now Moot by first class mail, postage prepaid, to the following:

Douglas G. Dry
P.O. Box 637
Wilburton, OK 74578
Counsel for Plaintiff


Gary L. Brock
Assistant District Attorney
108 North Central
Idabel, OK, 74745
Counsel for Pushmataha
County Sheriff's Office

Richard E. Mayfield
P.O. Box 570
Atoka, OK 74725
Counsel for City of Atoka
and Atoka Police Department

Greg Jenkins
Assistant District Attorney
402 West Evergreen
Durant, OK 74701
Counsel for Attorney County Sheriff's Office
and Bryan County Sheriff's Office

P.L. Pat Phelps
325 West Evergreen
Durant, OK 74701
Counsel for City of Durant and Durant
Police Department

Linda Epperley
Assistant United States Attorney
1200 W. Okmulgee
Muskogee, OK 74401
Counsel for Bureau of Indian Affairs

DOUGLAS G. DRY, ROSIE BURLISON, and JUANITA McCONNELL,

Petitioners,

VS.


CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION, JAMES WOLFE, Magistrate,

Respondents.

Case No. 98-011

AFFIDAVIT OF DOUGLAS G. DRY

STATE OF OKLAHOMA
COUNTY OF LATIMER

I, Douglas Glenn Dry, do, under oath, affirm and state:

1. I am a citizen of the Choctaw Nation of Oklahoma, residing in Latimer County, Oklahoma.

2. I was present at the Labor Day Festival on Monday, September 4, 1995 with my wife and
two children.

3. I arrived near the new Choctaw Nation Tribal Council house at approximately 9:20 a.m., carrying a bag with a shoulder strap containing a camcorder and an expandable folder containing certain papers and approximately 75 pamphlets, copy attached.

4. I began passing out these pamphlets when I was accosted from behind by an unidentified Indian male, dressed in black shorts and black T-shirt. The said Indian male grabbed pamphlets from my right hand and began pulling on my camcorder bag by its strap. I identified myself to the individual as an attorney and informed him that the bag contained an expensive camcorder from my office, and requested that he release my bag. He refused.

5. The Indian male individual told me I was under arrest and to give him the black bag, to which I requested that he show me a badge or ID. He refused and stated he was with security, and continued to pull on the strap of my bag. I took no aggressive action toward this individual, and only held onto my bag. I informed the individual that the pamphlets were passed out pursuant to my rights of free speech as guaranteed by the Choctaw Constitution and the Indian Civil Rights Act.


6. Two Choctaw Nation tribal police officers, funded by federal dollars, grabbed me from behind, and threw me on the ground. The two police officers and plainclothes unidentified Indian male began to grab at my arms in an attempt to illegally arrest me for handing out the pamphlets.

7. After I was handcuffed and held down by the two police officers, the unidentified Indian male put his foot on my head and forced it onto the ground causing a bruise to my left cheek.

8. The police officers took me to a police car with the door opened as I was handcuffed with my hands behind my back. I then heard my wife from behind and attempted to turn my head to see her and ask that she stay away, for fear of her safety and of my children. I told the officers not to touch her but saw Chief of Police Hoppy Denison grab her by the arms and as I tried to tell him to release her and to repeat my plea for her to get back, when one of the policy officers shoved my face into the police car.

9. I was only informed that I was arrested for passing out the attached pamphlets. I was taken to Talihina Police Station and placed in jail. Prior to being incarcerated, and after many requests for their probable cause for my arrest, I was only informed that I was arrested for resisting arrest.

10. I do state that I observed Judy Allen, Editor of the Choctaw Tribal newspaper, Bishinik, and tribal spokeswoman for the Choctaw Nation, taking numerous photographs while I was on the ground being assaulted by at least four tribal police officers and/or employees. I have examined Exhibit C which consists of 24 photographs received from Judy Allen in September 1997, and do state that these pictures only constitute a small percentage of the photographs I witnessed Judy Allen taking during my arrest.

11. On September 5, 1995, I was examined by a medical doctor who determined I had suffered strained ligaments in my left shoulder and a slight head injury.

12. I believe that I still, to this day, am under the threat of arrest. That almost without exception, when I'm at a tribal event, the Tribal security and police officers keep a close distance to myself and my family, and this has resulted in a chilling effect on my freedom of movement and freedom of speech. I am in great anxiety in my fear of being arrested without cause by these tribal officials.

Dated this 19th day of July, 2000.

Sworn and subscribed to before me this 19th day of July, 2000.

My commission expires: 01-20-00.

DOUGLAS G. DRY, ROSIE BURLISON, and JUANITA McCONNELL,

Petitioners,

VS.


CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION, JAMES WOLFE, Magistrate,

Respondents.

Case No. 98-011

AFFIDAVIT OF ELIZABETH IMOTICHEY

STATE OF OKLAHOMA
COUNTY OF JOHNSTON

I, Elizabeth (Liz) Imotichey, do, under oath, affirm and state:

1. I am 49 years old and live at Connerville, Oklahoma.

2. On Monday morning, September 4, 199 5, while at the Choctaw Nation Labor Day Festival at Tuskahoma, I was walking with some of my family members from the baseball field to the
Choctaw Nation Tribal Council Building and witnessed events as described below in
paragraphs three through twelve.

3. I witnessed a man wearing shorts and a T-shirt rush up to, attack and attempt to jerk a camera bag off of the shoulder of an individual watching the parade. The individual being attacked was identified to me as Douglas Dry.

4. I observed a second individual, dressed in a Choctaw Police uniform, attack Douglas Dry from behind and join the first man in taking Douglas Dry to the ground. Shortly after the two men took Douglas Dry to the ground, several police officers and security personnel arrived and wrestled Douglas Dry and handcuffed his hands behind his back. As Douglas Dry was being held on the ground face-down and still handcuffed, the individual dressed in the shorts and T-shirt put his foot on Douglas Dry's head. Police officers then took Douglas Dry to a police car where one of the police officers intentionally slammed Douglas Dry's face into the police car.

5. I never heard the individual wearing shorts and a T-shirt that first attacked Douglas Dry identify himself in any way. I heard Douglas Dry ask the individual to identify himself. Only after the police officers and security guards arrived did this man in shorts and T-shirt identify himself as a security cop to the crowd wherein he stated, "I'm a police officer and I can confiscate anything on Tribal grounds."

6. I never saw Douglas Dry act aggressively toward the individual wearing shorts and T-shirt who initially attacked Douglas Dry. Nor did I observe Douglas Dry curse, kick at, threaten, nor harass anyone or disturb the peace of any individual in any way, as alleged in the criminal charges against Douglas Dry, a copy of which was shown to me by Douglas Dry on June 13, 2000. I observed Douglas Dry attempting to hold onto his camera bag. Douglas
Dry was just arguing with the individual wearing shorts and a T-shirt, who was trying to take Dry's camera.

7. Douglas Dry had pamphlets on his person and distributed these pamphlets. A lady, working with or for the Choctaw Police, was walking around jerking pamphlets out of people's hands.
This same lady attempted to get one of these pamphlets from myself and my mother, but we
put the pamphlets we received in our purses. The individual I described above as wearing
shorts and a T-shirt told me that I couldn't read the pamphlet and I said, "I don't think so, I am Seminole and Chickasaw and Irish, I'm not Choctaw, and besides that, I live in the State of Oklahoma, not Russia, and I'll read anything I want to read."

8. In the photograph's shown and identified to me by Douglas Dry as Exhibit A and Exhibit B; the man on the ground with Douglas Dry, I identified as the same man described in
paragraphs three through seven in this affidavit wearing shorts and a T-shirt who attacked
Douglas Dry and grabbed Douglas Dry's camera bag. Additionally, I identified in the
photograph's marked as Exhibit A and Exhibit B, the first uniformed Choctaw Police officer
I described in the first sentence of paragraph four of this affidavit.

9. Also in the photographs' shown and identified to me by Mr. Dry as Exhibit A and Exhibit B, I identified six of the individuals standing and watching Douglas Dry and the two men
described in paragraph 8 of this affidavit as follows: Myself, wearing a pink shirt and
carrying an umbrella; my aunt, Sharon Poe, wearing a turquoise T-shirt; my mother, Faye
Poe, wearing a purple shirt with a black shoulder bag-, my dad, JC Poe, wearing a white T-shirt and a black baseball cap; my uncle, David Lee Poe, wearing a plaid purple shirt and a purple baseball cap; and Mr. Bob McCurtain, now deceased wearing slacks and white collared shirt.

10. As I observed the numerous police officers on Douglas Dry as they handcuffed him, I observed an elderly gentleman approach Douglas Dry and the tribal police officers, and this
gentleman engaged in some discussion directed toward Douglas Dry and the tribal police
officers, but I could not clearly understand what was said.

11. I witnessed an individual taking a lot of photographs of this September 4, 1995 incident as described in this affidavit, while Mr. Dry was on the ground. I witnessed this individual take Pictures while Douglas Dry was on the ground and during the time Douglas Dry was put into the patrol car, wherein a crowd of at least 50 people had gathered around. On June 13, 2000, after being shown 24 pictures which Douglas Dry identified as Exhibit C, I state that the 24 pictures are only a portion of the pictures that were taken by the individual described above.

12. Shortly after Douglas Dry was taken away in the patrol car, I approached a tribal employee wearing an EMT uniform, and voluntarily gave her the names, addresses and phone numbers of myself, and my family members identified in paragraph 9 of this affidavit, and told her to contact us about the events we witnessed. It was obvious that this person in the EMT uniform was assisting the Choctaw police officers and was acting under their direction.

13. I have never been contacted by this person wearing the EMT uniform described in Paragraph 11 of this affidavit, or by any tribal police officer or tribal employee, nor by any official from the Federal Government concerning what we witnessed before, during, and after the arrest of Douglas Dry on September 4, 1995.

14. I certify that I did not know Douglas Dry prior to June 13, 2000 and have never had any dealings with him prior to a June 13, 2000 interview.

Dated this 23rd day of June, 2000.

Sworn and subscribed to before me this 23rd day of June, 2000.

My commission expires: June 16/2000

DOUGLAS G. DRY, ROSIE BURLISON, and JUANITA McCONNELL,

Petitioners,

vs.

CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION, JAMES WOLFE, Magistrate,

Respondents.

Case No. 98-011

STATE OF OKLAHOMA
COUNTY OF MCCURTAIN

I, Curtis Coley, do, under oath, affirm and state:

1. I am over 21 years old and live in McCurtain County. at Broken Bow, Oklahoma.

2. On Monday, September 4, 1995, I was at the Choctaw Nation Labor Day Festival at Tuskahoma. watching the parade.

3 As I was standing and waiting to see that parade. I turned around and noticed Douglas Dry
talking to some people. I then turned back around towards the parade.

4. I then turned around again and witnessed two men struggling with Douglas Dry. Douglas
Dry was trying to avoid being taken to the ground, but he was still taken to the ground.

5 I moved in closer, and at that time realized that one of the two men was a Tribal law
enforcement officer. A crowded began to gather and people were asking what was going on.

6. As Douglas Dry lay on the ground, he started telling his name, the rank he had in the
military, and that he had been a prosecuting attorney.

7. I was in close proximity to Douglas Dry. I definitely state that Douglas Dry did not curse, use any profanity, kick or fight back with anyone. I did not see Douglas Dry shove any literature, (pamphlets) on anybody or be abusive to anyone in any way, nor did I hear
Douglas Dry threaten any of the police officers.

8. Other officers began to arrive at the scene. They picked Douglas Dry up and began moving towards a patrol car.

9. Pat Dry, the wife of Douglas Dry, arrived and asked one of the officers what was going on and why Douglas Dry was being arrested. Neither of the officers gave an answer.

10. While putting Douglas Dry into the patrol car, one of the officer's ran Douglas Dry's head into the patrol car. After he was in the patrol car, the officers wanted the pamphlets that Douglas Dry had given out to people and if they didn't cooperate and hand them over, they were told they would be arrested also.

11. After Douglas Dry was driven off in the patrol car, I went with Pat Dry to find what they were going to do with Douglas Dry. We went to Clayton, but he wasn't there, just the other three that were arrested for having the pamphlets. These three were held for three hours before being released.

12. Pat Dry and I later found out Douglas Dry was being held at Talihina, so we went to visit him. No one knew what he was being charged with, later, the two Tribal officers returned Douglas Dry back to Tuskahoma, to be charged along with the other three people who were arrested.

13. On July 18, 2000, having been shown two photograph's identified as Exhibits A and B, I've identified myself, as being on the far left side of the other individuals in both photographs, wearing glasses, a green T-shirt and jeans, and tennis shoes. I am standing within two feet of Douglas Dry and the two individuals I identified in paragraph 4 above.

14. 1 have never been contacted by any Tribal Police, or any tribal employees, concerning the 1995 Labor Day incident described in this affidavit.

Dated this 17th day of July, 2000.

Sworn and subscribed to before me this 19th day of July, 2000.

My commission expires June 26/2000

STATE OF OKLAHOMA
COUNTY OF MCCURTAIN

I, Nettle Webb, do, under oath, affirm and state:

1. I am 50 years old and live in McCurtain County. at Wright City, Oklahoma.

2. On Monday, September 4, 1995, I was at the Choctaw Nation Labor Day Festival at Tuskahoma with my daughter, Esterlyn Marsuise.

3. On Monday morning, September 4. 1995, my daughter and I were standing and waiting to see the parade that was about to start. I then witnessed Douglas Dry from the area of the council house, walking and passing out pamphlets. Some people took them, some did not. Douglas Dry then reached my daughter and myself, and gave us some pamphlets, and went on passing them out to other people.

4. A minute later, an individual wearing shorts and a T-shirt, (no identification or badge) came up to Douglas Dry and snatched the pamphlets from Douglas Dry's hand.

5. The individual wearing shorts and a T-shirt attempted to take a camera bag away from Douglas Dry. The camera bag had a shoulder strap and the strap was being utilized on Douglas Dry's right shoulder.

6. Douglas Dry asked the individual wearing shorts and a T-shirt who he was, and I never heard the individual respond. He never showed a badge or identification of any kind. He Just continued pulling on the camera bag as Mr. Dry repeatedly asked him who he was.

7. Then a Security Patrol man came, wearing a uniform and badge. This Security Man and the individual wearing shorts and a T-shirt both wrestled Douglas Dry to the ground, and the bag came loose. I picked up the bag and gave it to Douglas Dry's wife, as I felt she should have it.

8. During the time the two men were wrestling with Douglas Dry on the ground, I asked several times what this man had done that was so wrong that he should be treated this way. I received no answer. The children in the crowd were crying in fright.

9. I was in close proximity to Douglas Dry. I definitely state that Douglas Dry did not curse, use any profanity, kick or fight back with anyone. I did not see Douglas Dry shove any literature, (pamphlets) on anybody or be abusive to anyone in any way, nor did I hear
Douglas Dry threaten any of the police officers.

10, As two other tribal police officers were putting Douglas Dry into the patrol car, I witnessed one of them deliberately ram Douglas Dry's head into the door of the patrol car. A man next to me remarked that they should have pushed his head down to prevent him from being hurt, his name was John Baker.

11. On July 18, 2000, having been shown two photograph's identified as Exhibits A and B, I've identified myself, as the second person from the left weaning a flowered shirt, black shorts, white tennis shoes and sunglasses. I am standing within two feet of Douglas Dry and the two individuals I identified in paragraphs 4 through 8 above.

12. I have never been contacted by any Tribal Police, or any tribal employees, concerning the 1995 Labor Day incident described in this affidavit.

Dated this 18th day of July, 2000.

Sworn and subscribed to before me this 18th day of July, 2000.

My commission expires: June 2000

Case No. 98-011

DOUGLAS G. DRY, ROSIE BURLISON and JUANITA McCONNELL,

Petitioners,

VS.


CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION,

JAMES WOLFE, Magistrate,

Respondents.

STATE OF OKLAHOMA
COUNTY OF PONTOTOC

I, Sharon Poe, do, under oath, affirm and state:

1. I am 52 years old and live in Pontotoc County near Fittstown, Oklahoma, with a Stonewall, Oklahoma address.

2. On Monday, September 4, 1995, 1 was at the Choctaw Nation Labor Day Festival at Tuskahoma with my husband, David Lee Poe, and other family members.

3. On Monday morning, I walked with members of my family, just past the Choctaw Nation Tribal Council Building where I observed an 'individual, later identified as Douglas Dry,
being attacked by an individual wearing shorts and a T-shirt.

4. I was in close proximity to Douglas Dry. I definitely state that Douglas Dry did not curse, use any profanity, kick or fight back with anyone. I did not see Douglas Dry shove any literature, (pamphlets) on anybody or be abusive to anyone in any way, nor did I hear
Douglas Dry threaten any of the police officers.

5. I also observed that many of the pamphlets from Douglas Dry were being picked up by
other individuals and as these individuals began to read the pamphlets, the individual wearing shorts and a T-shirt as described in the paragraph above, told the crowd that "they didn't need to read that trash", or words to that effect, and began grabbing the literature from the crowd that had gathered around Douglas Dry.

6. On June 13, 2000, having been shown two photograph's identified as Exhibits A and B, I've identified my niece, Elizabeth Imotichy wearing a pink shirt and carrying an umbrella;
myself, wearing a turquoise T-shirt; my sister-in-law, Faye Poe wearing a purple shirt and
carrying a black purse; my brother-in-law, J.C. Poe, wearing a white T-shirt and a black
baseball cap; my husband, David Lee Poe, wearing a plaid purple shirt and a purple baseball
cap; and Mr. Bob McCurtain, now deceased, wearing slacks and white collared shirt.

7. I have never been contacted by any Tribal Police, or any tribal employees, nor anyone from the Federal Government concerning the 1995 Labor Day incident described in this affidavit.

8. I certify that I did not know Douglas Dry prior to June 13, 2000, and have never had any dealings with him prior to June 13, 2000.

Dated this day of July, 2000.

Sworn and subscribed to before me this 7th day of July, 2000.

My commission expires: June 2000.

Case No. 98-011

DOUGLAS G. DRY, ROSIE BURLISON, and JUANITA McCONNELL,

Petitioners,

VS.


CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION, JAMES WOLFE, Magistrate,

Respondents.

STATE OF OKLAHOMA
COUNTY OF JOHNSTON

I, Wanda Juanita Faye Poe, do, under oath, affirm and state:

1. I am 67 years old and live at Connerville, Oklahoma.

2. On Monday, September 4, 1995, 1 was at the Choctaw Nation Labor Day Festival at Tuskahoma with my husband, JC Poe, other family members and members of my husband's
all-Indian softball team to participate in the Tuskahoma Labor Day Softball tournament.

3. On this September 4,1995 Monday morning, I was walking with members of my family,
from the baseball field to the Choctaw Nation Tribal Council Building and witnessed the events as described below in paragraphs four through thirteen.

4. As we were walking, we ran into Bob McCurtain and stopped, as my husband, JC and my brother-in-law, David Lee Poe, started talking with Bob McCurtain.

5. Behind Mr. Dry, a lady was walking around, jerking pamphlets out of people's hands and attempted to get the pieces of paper from myself and my daughter, but we put ours in our
purses.

6. I witnessed a man wearing shorts and a T-shirt rushing up to an individual, later identified as Douglas Dry, and this man tried to jerk Dry's camera bag off shoulder.

7. I observed a second individual join with the first in taking Douglas Dry to the ground. My daughter said "What are they doing that for? He didn't do anything." I never heard the first individual, the one wearing shorts and a T-shirt that attacked Mr. Dry identify himself in any way.

9. I never saw Douglas Dry act aggressively towards the men, he did not curse, kick at, or threaten the men in anyway, he was just trying to hold onto his bag. [did not see Douglas Dry harass anyone or disturb the peace in any way.

10. In the photographs shown to me and identified as Exhibits A and B by Douglas Dry, I identified the following people: My daughter, Elizabeth Imotichey, wearing a pink shirt and
carrying an umbrella; my sister-in-law, Sharon Poe, wearing a turquoise T-shirt; myself,
wearing a purple shirt and carrying a black purse; my husband, JC Poe, wearing a white T-shirt and a black baseball cap; my brother-in-law, David Poe, wearing a plaid purple shirt and a purple baseball cap; and Mr. Bob McCurtain, now deceased, wearing stacks and white collared shirt.

11. Also in the photographs marked as Exhibits A and B, I identified the man wearing a T-shirt and shorts on the ground with Douglas Dry, as the same man that attacked and grabbed Douglas Dry's bag. I did not recognize the man in short's clothing as a uniform, and I saw no badge.

12. Shortly after Douglas Dry was taken away in the police car, my daughter, Elizabeth
Imotichey, approached a tribal employee wearing an EMT uniform, and gave her the names, addresses and phone numbers of herself, myself and my husband and told her to contact us so that we could make a statement about the events we witnessed.

13, We witnessed an individual taking a lot of photographs of the incident, while Douglas Dry was on the ground and she continued taking pictures even after he was put into the patrol car. After being shown the 24 pictures that Douglas Dry identified as Exhibit C, I know that there were many more pictures continually taken in addition to and after the 24 pictures that I was shown, and identified as Exhibit C.

14. We were never contacted by any Tribal Police, or any tribal employees, nor anyone from the Federal Government concerning the 1995 Labor Day incident described in this affidavit.

15. I certify that I did not know Mr. Dry prior to June 13, 2000, and have never had any
dealings with him prior to a June 13, 2000 interview.

Dated this 23rd day of June, 2000.

Sworn and subscribed to before me this 23rd day of June, 2000.

My commission expires: June 16/2000

DOUGLAS G. DRY, ROSIE BURLISON, and JUANITA McCONNELL,

Petitioners,

VS.


CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION, JAMES WOLFE, Magistrate,

Respondents.

Case No. 98-011

STATE OF OKLAHOMA
COUNTY OF JOHNSTON

I, J.C. Poe, do, under oath, affirm and state:

1. I am 58 years old and live at Connerville, Oklahoma.

2. On Monday, September 4, 1995, 1 was at the Choctaw Nation Labor Day Festival at Tuskahoma with my wife, Wanda Juanita Faye Poe, other family members and members of
an all-Indian softball team to participate in the Tuskahoma Labor Day Softball tournament.

3. On Monday morning, I was walking with members of my family, from the baseball field to the Choctaw Nation Tribal Council Building where I observed an individual, later identified
as Douglas Dry, being attacked by an individual wearing shorts and a t-short that tried to jerk Dry's camera bag off Douglas Dry's shoulder.

4. My observation of Douglas Dry prior to being attacked was that he was standing watching the parade.

5. I observed a second individual, appearing to be a Choctaw police officer, join with the first in taking Douglas Dry to the ground.

6. I was in close proximity to Douglas Dry and the two individuals. I definitely state that Douglas Dry did not curse, use any profanity, kick or fight back with these two men that took him to the ground. Douglas Dry repeatedly told the first individual that attacked him that he had an expensive camera in the bag and he was not going to let go of his camera, and requested the attacking individual to release his camera bag. I did not see Douglas Dry shove the literature on anybody or be abusive to anybody in any way, nor did I hear Douglas Dry threaten any of the police officers.

7. The entire incident lasted approximately 10 minutes.

8. On June 13, 2000, having been shown two photograph's which investigator Noah Kennedy identified as Exhibits A and B, I've identified my daughter, Elizabeth Imotachy, wearing a
pink shirt and carrying an umbrella; my sister-in-law, Sharon Poe, wearing a turquoise T-shirt; my wife, Faye Poe wearing a purple shirt and carrying a black purse; myself, wearing a white T-shirt and a black baseball cap; my brother, David Lee Poe, wearing a plaid purple shirt and a purple baseball cap; and Mr. Bob McCurtain, now deceased, wearing slacks and white collared shirt.

9. I have never been contacted by any Tribal Police, or any tribal employees, nor anyone from the Federal Government concerning the 1995 Labor Day incident described in this affidavit.

10. I certify that I did not know Douglas Dry prior to June 13, 2000, and have never had any dealings with him prior to a June 13, 2000 interview.

Dated this 23rd day of June, 2000.

Sworn and subscribed to before me this 23rd day of June, 2000.

My commission expires: June 16/2000

Case No. 98-011

DOUGLAS G. DRY, ROSIE BURLISON, and JUANITA McCONNELL,

Petitioners,

VS.


CFR COURT OF INDIAN OFFENSES FOR THE CHOCTAW NATION, JAMES WOLFE, Magistrate,

Respondents.

STATE OF OKLAHOMA
COUNTY OF PONTOTOC

I, David Lee Poe, do, under oath, affirm and state:

1. I am 58 years old and live in Pontotoc County near Fittstown, Oklahoma with a Stonewall, Oklahoma address.

2. On Monday, September 4, 1995, I was at the Choctaw Nation Labor Day Festival at Tuskahoma with my wife, Sharon Poe, and other family members.

3. On Monday morning, September 4,1995, I walked with members of my family just past the Choctaw Nation Tribal Council Building, and at about the time the Labor Day Parade began,
I observed an individual, later identified as Douglas Dry, being attacked by an individual
wearing shorts and a T-shirt.

4. My observation of Douglas Dry prior to him being attacked was that he was standing watching the parade, when the attacker, the individual wearing shorts and a T-shirt, tried to take Dry's camera bag away from Douglas Dry.

5. As Douglas Dry struggled to maintain his camera, I heard Douglas Dry ask the individual wearing shorts and a T-shirt for identification. The individual wearing shorts and T-shirt
responded to Douglas Dry "I don't have to show you any I.D.," or words to that effect.

6. I observed a second individual, appearing to be a Choctaw police officer, approach Douglas Dry from behind and knocking Dry's leg out from under him, which caused Douglas Dry and the individual wearing shorts and a T-shirt to collapse to the ground.

7. I was in close proximity to Douglas Dry and the two individuals. I definitely state that Douglas Dry did not curse, use any profanity, kick or fight back with these two men that took him to the ground. I did not see Douglas Dry shove the literature on anybody or be abusive to anybody in any way, nor did I hear Douglas Dry threaten any of the police officers.

8. I also observed that many of the pamphlets from Douglas Dry were being picked up by
other individuals and as these individuals began to read the pamphlets, the individual wearing shorts and a T-shirt as described in the paragraphs above, told the crowd of individuals "give me that trash," or words to that effect, and began grabbing the literature from the crowd that had gathered around Douglas Dry.

9. On June 13, 2000, having been shown two photograph's identified as Exhibits A and B, I've identified my niece, Elizabeth Imotachy, wearing a pink shirt and carrying an umbrella; my wife, Sharon Poe, wearing a turquoise T-shirt; my sister-in-law, Faye Poe wearing a purple shirt and carrying a black purse; my brother, J.C. Poe, wearing a white T-shirt and a black baseball cap; myself, wearing a plaid purple shirt and a purple baseball cap; and Mr. Bob McCurtain, now deceased, wearing slacks and white collared shirt.

10. I have never been contacted by any Tribal Police, or any tribal employees, nor anyone from the Federal Government concerning the 1995 Labor Day incident described in this affidavit.

11. I certify that I did not know Douglas Dry prior to June 13, 2000, and have never had any dealings with him prior to June 13, 2000.

Dated this day of July, 2000.

___________________________

David Lee Poe

Sworn and subscribed to before me this __ day of July, 2000.

___________________________

My commission expires: ______________

STATE OF OKLAHOMA
COUNTY OF LATIMER

AFFIDAVIT

I, Juanita McConnell, do affirm and state that:

1. I am 64 years old and live at Tuskahoma, Oklahoma.

2. On Monday, September 4, 1995, 1 was at the Choctaw Nation Labor Day Festival at Tuskahoma with my husband, Houston McConnell, and two grandsons, age 7 and 15.

3. Around 9 a.m. on Monday, I was walking near the new Choctaw Council building, passing out pamphlets for the organization, Choctaws for Democracy, in peaceable manner.

4. My husband came by and said "they are coming to get you." I looked up and saw a big, big uniformed male, Officer Barrow, and a short, blonde woman with a walkie talkie walking fast in my direction. I did not know what to do and could not believe that tribal officials were coming to get me.

5. These two individuals came up to me. The uniformed man said, "lady, give me those pamphlets." I said, "I'm not giving them to you, you will have to take them," and he did. I attempted to remove my bag from my shoulder to give to my husband. The uniformed man grabbed my bag and proceeded to remove the pamphlets out of my bag. I handed my camera to my husband and grandson, telling them to take pictures.

6. Another young, uniformed tribal officer with brown hair came up to assist officer Barrow. Barrow ordered me off the ground, saying two times, "lady, leave." I said no, I had as much right as anyone else to be out here on these grounds." Then he slammed the handcuffs on my right hand. I said, "leave me alone, I have not done anything." I then told Barrow twice that I have had a radical masectomy, and attempted to tell them not to put handcuffs on my left arm due to my medical condition. But the officer did not allow me to say anything. He proceeded with the arrest, jerked my left hand behind my back and handcuffed me. I slumped to the ground.

7. The two male officers picked me up, carrying me by my arms and legs, causing bruises. They carried me to the car. chief Hollis Roberts came by in a golf cart and saw what was happening, but no attempts where made to stop the illegal arrest.

8. officer Hokit and the blonde woman escorted me in the, tribal police car to Clayton City jail. I sat handcuffed in the car until we reached the city jail. The Clayton Police dispatcher asked my name and other information. The dispatcher asked tribal officer what were the charges, and he hesitated and said well, disturbing the peace. I was not fingerprinted and no
pictures were taken.

9. Clayton city police placed me in a cell alone. After about thirty minutes, I was told that I couId make one phone call.

10. I was in custody at Clayton City jail from 9:30 to around 12:00 noon. A Choctaw tribal officer and a woman in an EMT uniform came to transport me back to Tuskahoma Choctaw Courthouse. The officer stated that if I would not cause any trouble, he would not handcuff me on the ride back to Tuskahomma. I agreed.

11. My right hand was tingling and my left arm was aching and later that afternoon I sought medical attention. I was diagnosed with contusion, sprains, and severe bruises. The next day, I discovered bruises on both upper arms and thighs where the officers carried me to the police car.

Dated this 7th day of September, 1995.

Subscribed and sworn to before me this 7th day of September, 1995.

My commission expires:

12-18-96