August 11, 1997

Scott Kayla Morrison
P.O. Box 637
Wilburton, OK 74578

IN RE: Court of Indian 0ffenses - CR-95-01, 02 and 05

Dear Ms. Morrison:

As you are aware there is a hearing set for Friday, August 15 in Tuskahoma concerning your Motion for Disqualification of Tribal Prosecutor in the above referenced cases.

I have read, and studied at some length, your motion for disqualification of tribal prosecutor filed October 30, 1995, amended motion for disqualification of tribal prosecutor filed January 24, 1997 and second amended motion for disqualification of tribal prosecutor. I have further studied Special Appearance and Motion to Quash Subpoena filed by Bob Rabon. I have further read a letter from John Raley, United States Attorney to you dated July 31, 1997 which is a part of the court file in the above referenced cases. I have further read and studied the Affidavit of Douglas G. Dry which is attached to the Motion for Disqualification of Tribal Prosecutor filed October 30, 1995.

After having read the instruments set forth above I can see no reason to produce either Sheldon Sperling or Bob Rabon as witnesses for what is purported to be, a motion to disqualify the prosecutor.

Referring to Mr. Raley's letter concerning what Mr. Sperling would testify to, I can't imagine how that would be relevant to disqualification of the prosecutor. So far as Mr. Rabon's testimony is concerned, I can only suppose that he would be ask questions concerning paragraphs two through seven of your motion to disqualify the prosecutor which in my opinion are all irrelevant to the issue at hand. I further anticipate that there would be questions of Mr. Rabon concerning all the paragraphs contained in Mr. Dry's affidavit attached to the motion, all of which is irrevelant to the motion to disqualify the prosecutor and in my opinion, irrevelant to any trial that may or may not be had concerning the charges against Mr. Dry or any of the other defendants.

I am of the opinion that whoever the prosecutor might be does not determine whether or not your client receives a fail trial. The determining factor in whether or not your client receives a fair trial is whether or not the Judge presiding over the trial sees that he gets a fair trial. Accordingly, its up to me, not Mr. Rabon or you or Sheldon Sperling or Robert L. Rabon or John Raley, to determine whether Douglas Dry and the, other defendants get a fair trial. And though it may be self serving to so state, I fully intend that each of the defendants shall receive as fair a trial as I can provide them, to include a fair and impartial ruling on any discovery request that may be made by any of the defendants.

I must advise you that I do not intend to re-try Hollis Roberts or give a forum to anyone's political views concerning the Choctaw tribe. I intend only to see that these defendants as well as all members of the tribe are treated fairly in any court room in which I preside.

Accordingly I do hereby quash the subpoena issued for Sheldon Sperling and the subpoena issued for Bob Rabon and will not require nor attempt to require their presence at the hearing on August 15, 1997 at Tuskahoma, Oklahoma.

I must further state that the hearing on Friday is solely to determine whether or not Robert L. Rabon is to remain as the prosecutor in these cases and accordingly only statements or evidence relevant to that issue will be heard by the court.

Sincerely,

xc: Bob Rabon
P.O. Box 726
Hugo, OK 74743

John Raley
1200 West Okmulgee
Muskogee, OK. 74401