Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Douglas Dry,

Defendant.

No. CR-95-01, 05

To the Honorable Judge of Said Court:

COMES NOW Douglas Dry, Defendant in the above styled and numbered cause, by and through his attorney of record, Scott Kayla Morrison, and moves the Court to disqualify and recuse Tribal Prosecutor, Robert L. Rabon, from participating in any proceedings in the above cause, and in support thereof would show the Court as follows:

Robert L. Rabon represented the Choctaw Council, the legislative body of the Choctaw Nation, in a civil matter before the Choctaw Tribal Court on August 23, 1996, in which Douglas G. Dry was a defendant.

Robert L. Rabon is tribal prosecutor of this court, the judicial branch of the Choctaw Nation.

To allow Rabon to continue to function as a representative of both the legislative and judicial branches of government would violate Article v of the Choctaw constitution and the U.S. Constitution.

WHEREFORE, PREMISES CONSIDERED, the Defendant prays that the Court will disqualify and recuse Tribal Prosecutor, Robert L. Rabon, and that the Court will set this motion down at a future date for hearing thereon.

I certify that I personally mailed by first class mail the above and foregoing Motion to Withdraw Motion to Disqualify Judge to Judge James Wolfe, and Robert L. Rabon on this 24rd day of January, 1997.