CHOCTAW NATION OF OKLAHOMA
CFR COURT
ARRAIGNMENT: CR-95-01
SEPTEMBER 29,1995

TRANSCRIPT OF PROCEEDINGS

 

WOLFE: ROSA BURLISON?

BURLISON: I'M HERE.

WOLFE: IS THAT ALL OF THEM? IS THAT ALL OF THEM? THREE OF THEM. YOU NEED TO CLOSE THE DOOR OFFICER. ARE ALL OF THE DEFENDANTS HERE MA'AM?

MORRISON: YES.

WOLFE: THIS COME ON--FOR ARRAIGNMENT OF MR.DRY, MRS. MCCONNELL AND MRS.BURLISON ON CERTAIN INFORMATION THAT HAS BEEN FILED. DO YOU WAIVE THE READING THEREFORE?

MORRISON: NO. YOUR HONOR.

WOLFE: THIS IS CR-95-01. ITS STYLED THE CHOCTAW NATION OF OKLAHOMA VERSUS DOUGLAS DRY. TITLED INFORMATION IN THE NAME AND BY THE AUTHORITY OF THE CHOCTAW NATION OF OKLAHOMA . COMES NOW ROBERT L. RABON, THE DULY QUALIFIED AND ACTING PROSECUTING ATTORNEY OF THE CHOCTAW NATION OF OKLAHOMA AND GIVES THE COURT OF INDIAN OFFENSES OF THE CHOCTAW NATION OF OKLAHOMA TO KNOW AND BE INFORMED. COUNT ONE: ASSAULT ON A POLICE OFFICER. THAT ON SEPTEMBER 4,1995, AT APPROXIMATELY 9:30 A.M. AT THE COUNCIL GROUNDS AT TUSKAHOMA . THE DEFENDANT DOUGLAS DRY DID, THEN AND THERE UNLAWFULLY AND WITHOUT JUSTIFIABLE OR EXCUSABLE CAUSE KNOWINGLY ASSAULT A POLICE OFFICER. TO-WIT: CHOCTAW NATION POLICE CHIEF, HOPPY DENISON BY THREATIENING TO KILL SAID OFFICER IN VIOLATION OF SECTION 17-8 OF THE CRIMINAL CODE OF THE CHOCTAW NATION. CONTRARY TO THE FORM OF SAID CODE . IN SUCH CASES MADE AND PROVIDED AND AGAINST THE PEOPLE AND DIGNITY OF THE CHOCTAW NATION OF OKLAHOMA. COUNT TWO: ATTEMPT TO INTIMIDATE OFFICER. THAT ON SEPTEMBER 4,1995 AT APPROXIMATELY 9:30 AM AT THE COUNCIL GROUNDS OF TUSKHOMA. THE DEFENDANT DOUGLAS DRY DID ,THEN AND THERE UNLAWFULLY ATTEMPT TO INTIMIDATE POLICE OFFICER,HOPPY DENISON BY THREATING TO HARM HIM WHILE SAID OFFICER WAS PREFORMING HIS DUTIES.SAID THREATS WERE MADE TO CAUSE SAID OFFICER TO OMIT OR DELAY THE PERFORMANCE OF HIS DUTY IN VIOLATION OF SECTION 16-12 OF THE CRIMINAL CODE OF THE CHOCTAW NATION OF OKLAHOMA. CONTRARY TO THE FORM OF SAID CODE.

IN SUCH CASES AND PROVIDED, AND AGAINST THE PEACE AND DIGNITY OF THE CHOCTAW NATION OF OKLAHOMA. IT'S SIGNED BY ROBERT L. RABON. DO YOU HAVE A COPY OF THAT MA'AM?

MORRISON: YES, I DO.

WOLFE: THIS IS IN THE COURT OF INDIAN OFFENSES OF THE CHOCTAW NATION CR-95-03 CHOCTAW NATION OF OKLAHOMA VERSUS JUANITA MCCONNELL. IS THAT YOU MA'AM?

MCCONNELL: YES SIR.

WOLFE: IN THE NAME AND BY THE AUTHORITY OF THE CHOCTAW NATION OF OKLAHOMA COMES NOW ROBERT L. RABON THE DULY QUALIFIED AND ACTING PROSECUTING ATTORNEY OF THE CHOCTAW NATION OF OKLAHOMA AND GIVES THE COURT OF INDIAN OFFENSES OF THE CHOCTAW NATION OF OKLAHOMA TO KNOW AND BE INFORMED: THAT ON SEPTEMBER 4,1995 AT APPROXIMATELY 9:00 O'CLOCK A.M.AT THE COUNCIL GROUNDS AT TUSKAHOMA. THE DEFENDANT JUANITA MCCONNELL KNOWINGLY AND BY THE USE OF FORCE OR VIOLENCE RESISTED CHOCTAW NATION POLICE OFFICER BILL BARROW. IN THE PERFORMANCE OF HIS DUTIES. IN THAT WHEN SAID OFFICER PLACED THE DEFENDANT UNDER ARREST, SHE ATTEMPTED TO PREVENT HIM FROM TAKING HER INTO CUSTODY BY HITTING, SHOVING, PULLING, KICKING AND OTHER FORCIBLE ACTS OF RESISTANCE IN VIOLATION OF SECTION 5-5 OF THE CRIMINAL CODE OF THE CHOCTAW NATION OF OKLAHOMA . THIS IS CR-95-04 OF THE CHOCTAW NATION OF OKLAHOMA. VERSUS ROSA BURLISON.

MORRISON: YOUR HONOR, COULD I CORRECT HER SPELLING ? IT'S ROSIE LEE BURLISON.

WOLFE: SURE. I'M GOING TO LET YOU DO THAT ON THE FILE. THIS IS THE INFORMATION IN THE NAME AND BY THE AUTHORITY OF THE CHOCTAW NATION OF OKLAHOMA. COMES NOW ROBERT L. RABON THE DULY QUALIFIED AND ACTING PROSECUTING ATTORNEY OF THE CHOCTAW NATION OF OKLAHOMA AND GIVES THE COURT OF INDIAN OFFENSES OF THE CHOCTAW NATION OF OKLAHOMA TO KNOW AND BE INFORMED THAT ON THE 4TH DAY OF SEPTEMBER 1995 AT APPROXIMATELY 9:00 A.M. AT THE COUNCIL GROUNDS AT TUSKAHOMA OKLAHOMA THE DEFENDANT , ROSIE LEE BURLISON ATTEMPTED TO PREVENT AND RESIST CHOCTAW POLICE OFFICER BILL BARROW TO ARREST JUANITA MCCONNELL FOR THE COMMISSION OF A CRIME OR CRIMES BY FORCIBLY GRABBING THE SAID OFFICER PULLING AND PUSHING HIM AND OR OTHER FORCIBLE PHYSICAL ACTS DESIGNED TO PREVENT THE SAID OFFICER FROM TAKING JUANITA MCCONNELL INTO CUSTODY. IN VIOLATION OF SECTION 16-7-,5-4,AND 2-11 OF THE CRIMINAL CODE OF THE CHOCTAW NATION OF OKLAHOMA . CONTRARY TO THE FORM OF SAID CODE,IN SOME CASES MADE AND PROVIDED AND AGAINST THE PEACE OFFICER AND DIGNITY THE CHOCTAW NATION OF OKLAHOMA. SIGNED BY ROBERT L. RABON. THIS IS CR-95-05 THIS IS THE CHOCTAW NATION OF OKLAHOMA VERSUS DOUGLAS DRY, JUANITA M MCCONNELL AND ROSIE LEE BURLISON. INFORMATION IN THE NAME AND BY THE AUTHORITY OF THE CHOCTAW NATION OF OKLAHOMA . COMES NOW ROBERT L. RABON THE DULY QUALIFIED AND ACTING PROSECUTING ATTORNEY OF THE CHOCTAW NATION OF OKLAHOMA AND GIVES THE COURT OF INDIAN OFFENSES OF THE CHOCTAW NATION OF OKLAHOMA TO KNOW AND BE INFOREMED: COUNT ONE HAT ON THE 4TH DAY OF SEPTEMBER 1995 AT APPROXIMATELY 9:00 A.M. AT THE GROUNDS OF THE COUNCIL HOUSE AT TUSKAHOMA OKLAHOMA AND ANTERROR TO THE PRESENTMENT OF THIS INFORMATION . DOUGLAD DRY, JUANITA MCCONNELL AND ROSIE LEE BURLISON ACTING IN CONCERT DID COMMIT A PUBLIC NUISANCE IN VIOLATION OF SECTION 41-2 OF THE CRIMINAL CODE OF THE CHOCTAW NATION OF OKLAHOMA IN THE MANNER AND FORM AS FOLLOWS: TO WIT: AT SAID TIME AND PLACE AND IN A LARGE CROWD OF CHOCTAW CITIZENS WHO WERE GATHERED ALONG A PARADE ROUTE TO OBSERVE THE PARADE.WHICH IS A PART OF THE ANNUAL CHOCTAW NATION LABOR DAY FESTIVAL . THE DEFENDENTS AND EACH OF THEM ACTING IN CONCERT DID CAUSE A PUBLIC NUISANCE BY ATTEMPTING TO FORCIBLY HAND OR DELIVER LITERATURE, BROCHURES OR OTHER DOCUMENTS TO SPECATORS ALONG SAID PARADE ROUTE AND WHEN SUCH LITERATURE, BROCHURES AND OTHER DOCUMENTS WERE REFUSED SAID DEFENDANTS VERBALLY ABUSED AND HARRASSED SPECTATORS FOR REFUSING TO ACCEPT SAME. SAID CONDUCT INTERFERED WITH SAID SPECTATORS RIGHTS TO PEACEABLY OBSERVE THE PARADE AND OTHER FESTIVITIES CONTRARY TO THE CODE IN SUCH CASES MADE AND PROVIDED. AND AGAINST THE PEACE AND DIGNITYON THE CHOCTAW NATION OF OKLAHOMA. COUNT TWO: THAT BY ENGAGING IN THE UNLAWFUL CONDUCT HEREIN ABOVE ENUMERATED IN COUNT ONE DEFENDANTS ACTING TOGRETHER WITHOUT AUTHORITY OF LAW WILLFULLY DISTURBED THE PARADE PORTION OF THE ANNUAL CHOCTAW LABOR DAY FESTIVAL AND THOSE ASSEMBLED THERE FOR THAT PURPOSE IN CIOLATION OF SECTION 46-3 OF THE CRIMINAL CODE OF THE CHOCTAW NATION OF OKLAHOMA. COUNT THREE: THAT BY ENGAGING IN THE CONDUCT HEREIN ABOVE ALLLEGED IN COUNT ONE . THE DEFENDANTS AND EACH OF THEM ACTING TOGETHER DID WILLFULLY OR MILICIOUSLY DISTURB THE PEACE AND QUIET OF THE SPECTATORS AT SAID PARADE BY ACCOSTING THEM WITH ABUSIVE VIOLENT ,OR PROFANE LANGUAGE IN VO=IOLATION OF SECTION 46-4 OF THE CRIMINAL CODE OF THE CHOCTAW NATION OF OKLAHOMA .CONTRARY TO THE FORM OF SAID CODE IN SUCH CASES MADE AND PROVIDED .AND CONTRARY TO THE PEACE AND DIGNITY OF THE CHOCTAW NATION OF OKLAHOMA. COUNT FOUR: THAT BY ENGAGING IN THE UNLAWFUL CONDUCT HEREIN ABOVE SET FORTH IN COUNT ONE. THE DEFEDANTS AND EACH OF THEM ACTING TOGETHER DID USE PROFANE ,VIOLENT, OR ABUSIVE OR INSULTING LANGUAGE TOWARD OR ABOUT OTHER PERSONS IN PARTICULAR THE CHOCTAW CITIZENS ATTEMPTING TO OBSERVE SAID PARADE. IN SAID PRESENCE WHICH LANGUAGE IN IT;S COMMON ACCEPTENCE WAS CALCULATED TO AROUSE THE ANGER OF THE PERSON OR PERSONS ABOUT OR TO WHOM IT WAS SPOKEN OR ADDRESSED OR TO CAUSE A BREACH OF THE PEACE ALL OF WHICH IS IN VIOLATION OF SECTION 46-5 OF THE CRIMINAL CODE OF THE CHOCTAW NATION OF OKLAHOMA ,CONTRARY TO THE FORM OF SAID CODE.

WOLFE: OKAY--THAT NOW-- THAT NEEDS TO BE DONE WITHIN--WELL--THAT NEEDS TO BE DONE WITHIN A TIMNE FRAME THAT WILL ALLOW THIS LADY A REASONABLE TIME TO PREPARE HER MOTION CONCERNING THOSE.

MORRISON: EXACTLY. I KNOW SOME MOTIONS ,BUT OTHERS---?

WOLFE: I'M NOT GOING TO PUSH YOU FOR TIME,MA'AM.IF YOU NEED MORE TIME ALL YOU NEED TO DO IS ASK ME.

RABON: HOW ABOUT A WEEK FROM TODAY? WILL THAT BE OK?

WOLFE: ANYTHING ELSE MA'AM?

WOLFE: I'M NOT--WHAT NOW?

MORRIOSN: WELL---IF THIS IS A COURT OF LAW AND UNDER --IN THE STATE OF OKLAHOMA. THEY NEED TO BE READ THEIR RIGHTS IN TERMS OF COUNCIL---IN TERMS OF OTHER THINGS WHICH YOU MENTIONED SOME OF THOSE THINGS DURING THE ARRIGNMENT BEFORE THEY HAD COUNCIL.NOW I WAS JUST CURIOUS NOW WHAT RIGHTS DO THEY HAVE AS CHOCTAW CITIZENS, CRIMINAL DEFENDANTS OF THE CHOCTAW NATION?

WOLFE: I WOULD SUGGEST ,MA'AM THAT THEY HAVE THE RIGHTS OF ANY CITIZEN OF THE UNITED STATES. THEY HAVE A RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF THEY CANNOT AFFORD AN ATTORNEY, ONE WOULD BE APPOINTED FOR THEM. I'M NOT SURE IF THE CHOCTAW NATION HAS PROVIDED FOR A PUBLIC DEFENDER, BUT THEY HAVE THAT RIGHT. THEY HAVE A RIGHT TO A JURY TRIAL. THEY HAVE A RIGHT TO BE CONFRONTED BY THE WITNESSES AGAINST THEM. THE RIGHT TO CROSS EXAMINE THE WITNESSES. TO TESTIFY OR NOT TO TESTIFY ON THEIR BEHALF AND I WOULD ASSUME THAT YOU HAVE INFORMED THEM OF THOSE RIGHTS AND IF THEY ARE NOT ACCOREDD THOSE RIGHTS IN THIS COURT. I'M SURE YOU WILL FILE THE APPROPIRATE MOTIONS.

MORRISON: THANK YOU. YOU HAVE ANSWERED MY QUESTION.

WOLFE: ANYTHING ELSE?

MORRISON: NO.

RABON: NO, YOUR HONOR.

WOLFE: YOU HAVE THIRTY DAYS FROM TODAY,MA'AM. IF YOU NEED EXTRA TIME, INFORM ME.

MORRISON: YES, I WILL.

WOLFE: THAT'S ALL.WE'RE ADJOURNED.