Wolfe: Will the records should reflect that the ah we have convened in CRM-97-02 and I guess CRM-95-05 Mr. Rabon is here for the tribe Mr. Dry is present and Mrs. Morrison is present as his attorney those appearances are correct.
Morrison: Yes it is.
Wolfe: I've read the transcript of the proceeding that went on August 15, to my under standing from this and I have also read the file from CRM-97-02 and for matter fact CRM-95-05 and those are the two cases in which Mr. Dry is charged is that correct
Morrison: Yes it is. That's correct.
Wolfe: From my reading of the transcript of the meeting of August 15, and also from my memory of August 15, and reading of the minute that I wrote August 15,this meeting today was to I suppose rule on the motion to dismiss CRM-97-02 which everybody is briefed and responded to.
Morrison: Yes.
Wolfe: And then to determine how we're to pick a jury and to
set a jury date jury date
Morrison: Yes,
Wolfe: Is that correct.
Morrison: Yes.
Wolfe: ah ... I was going through this .. this is a little bit disjointed but I was going through 95-02 is there appeal pending on that.
Morrison: . On the women.
Wolfe: Okay. And is it in fact pending on those ladies.
Morrison: As far as I know as I had talk to Michael DeBerry who is the Chief Justice on the appeal on the appeal Court.
Wolfe: Okay, oh and also the ah the discovery was supposed to have been completed by today.
Morrison: Right. I have issued a subpoena Duces Tecum for Judy Allen to bring pictures ... that a were L. That she took a whole roll. That day. The day of the arrest in 95, and we've only seen a few of the picture but no negative and it basically copies of pictures so we wanted her to provide the rest of the roll of those pictures.
Wolfe: That's fine with me. Does anybody have a problem with that? That's.. that's fine.
Morrison: Ok
Wolfe: Have you been given everything else.
Morrison: I have not received anything form the Bureau o - f Indian Affairs I haven't even.. they were given.. ah we sent the order to them but they have not provided me with anything else.
Wolfe: That's fine. ah everything from you though.
Rabon: Correct.
Wolfe: Okay. So far as the Bureau of Indian Affairs is concerned,
Morrison: You have no jurisdiction
Wolfe: I have...
Morrison: I was just informing
Wolfe: I gave the order for them to do it now
Morrison; Right
Wolfe: you know L. I
Morrison: I was just informing the court that ah I have been provided nothing from them.
Wolfe: ah..ah.. I am real big on you having everything you need but then I.. you know I an not going to take a gun to Washington D.C. and try to make the Bureau of Indian Affairs do something.
Morrison: Right. We understand that but I was merely informing the court. Where it is at
Wolfe: ah.. Let me see something here. Let me have just a moment
Rabon: Have you me a list of the witnesses.
Morrison: You mean 95
Rabon:yah
Morrison: Okay- No.
Wolfe: Okay there a motion for.. there a motion of dismissed CRM-97-02 and supplementary motion to dismissed in that same case.
Morrison: Yes. Sir.
Wolfe: And you filed your briefs in that concerning in those motion to dismissed. Is that correct?
Morrison: Yes I have.
Wolfe: And it's been responded to.
Rabon: Correct
Wolfe: Ah.. I am ready to rule on it unless someone wants to say something.
Morrison: Your Honor. I have issued a .... if.. I have issued a subpoena to Ben Veenstra for him to testify whether or not he was employed the day of the alleged assault as a security guard or police officer.
Wolfe: Is Mr. Veenstra here.
Morrison: Yes he is. I believe that is really crucial to the whole underlying Ah.. offense because Mr. Dry is charged with assaulting a police officer.
Wolfe: I well let you ask him how he is was employed on that day.
Morrison: Okay.
Wolfe: Mr. Veenstra, officer. Is that you
Mr. Veenstra: Yes sir.
Wolfe: Would you come up here please? You need to raise your right hand. Do you solemnly swear the testimony your about to give will be the truth the whole truth and nothing but the truth so help you god.
Mr. Veenstra: I do.
Wolfe: Bob, would you shut that door please?
Rabon:Sure
Morrison: Mr. Veenstra. ah.. was you employed with the Choctaw Nation. On September the ah.. 2nd 1996?
Mr. Veenstra: Yes I was.
Morrison: In what capacity were you employed.
Mr. Veenstra: As a police officer.
Morrison: Mr. Veenstra I will show you a affidavit that has been filed and ah.. In federal court. Is this your affidavit.
Mr. Veenstra: Yes I believe it is.
Morrison: ah, in Paragraph One. Would you read the first sentence.
Mr. Veenstra: On September 2nd 1996. I was working security for the Choctaw Nation of Oklahoma. ...Annual Labor Day Festival. as a cross deputized officer with the Bureau of Indian Affairs.
Morrison: Thank you. Are you changing your testimony now that you were a police officer instead of a security guard.
Mr. Veenstra: I was working. I was hired to provide additional security as a police officer.
Morrison: but if you have no .... does Durant have jurisdiction here at Tushka Homma
Mr. Veenstra: No Durant does not.
Morrison: Then you could not be acting in your capacity as a Durant police officer.
Mr. Veenstra: No not as a Durant police officer
Morrison: Then how could the Choctaw Nation hire you as a police officer to be working here?
Veenstra: It is my understanding that we were cross-deputized.
Morrison: Have you read the cross-deputization agreement?
Veenstra: No, ma'am I was never shown a copy of the cross-deputization.
Morrison: Well the cross-deputization agreement only applies within the city limits of Durant.
Veenstra: I was not aware of that.
Morrison: Okay. I have nothing further.
Rabon: On September 2, 1996 were you wearing a police ... the uniform you have on today'?
Veenstra: Yes sir. Everything except the stripes.
Rabon: Was your badge on?
Veenstra: Yes sir.
Rabon: Were you wearing a gun?
Veenstra: Yes Sir.
Rabon: that's all I have.
Morrison: I have nothing further.
Wolfe: You may step down, Officer. Have your seat.
Morrison: My basic argument is that he was a ... could not have been a police officer. He was a security guard. Mr. Rabon may dismiss and re-file under another section, but he is being charged with assaulting a police officer.
Rabon: Your Honor, please-it's my argument that Mr. Veenstra is a police officer. And that he was hired that day to help enforce Choctaw Nation Laws.
Morrison: If he was hired as police officer..
Wolfe: Wait a minute-wait. Are you through?
Rabon: No. can I continue?
Wolfe: Yes, go ahead.
Rabon: Uh ... I know his particular status is relevant for purposes of the civil action that they filed in Federal Court, but for purposes of Tribal Court the code ... there's a prohibition in here for assaulting and battering a police officer. Clearly he's a police officer. He had his uniform on when this incident occurred.
Wolfe: Are you finished?
Rabon: Yeah.
Morrison: Okay .. if he was a police officer that day he would have been a federal officer. If he is a Federal Officer, this court does not have jurisdiction over him. Only the U. S. Attorney's Office in Muskogee would have jurisdiction to charge Mr. Dry for assaulting a police officer. At the statute in question is Choctaw Nation Section 17-8. At the bottom of that Statute in cross-reference to 2 L.Title 2 1, Oklahoma Statutes, Section 6-49. And in interpreting that Statute, since it's cross-referenced to the State of Oklahoma, There is a 1974 case, Stewart vs. Day which it's very clear that a police officer ..an off-duty patrolman working as a security guard cannot-anyone assaulting him ... anyone assaulting him cannot be charged with assault on a police officer, and I have a copy of that case. The whole purpose of cross-referencing Choctaw Nation Codes to Oklahoma Statutes according to Bob Rabon when he ... at the Tribal Council Meeting of December, 1991 when they were adopting these codes, is that the Court would have guidance from the State Court. That language is found on the second page of the minutes, which I have copies of if you would like to see it.
Rabon: Your Honor, If I could just add ... I don't think.. I don't believe it's within the privy of this Court to determine ........
Wolfe: No, She gets to close and she is closed and that's the end of the argument........... Have you been given the opportunity, Ma'am to present what you wanted to present?
Morrison: Yes, I have.
Wolfe: Mr. Rabon?
Rabon: Yes, your Honor.
Wolfe: Anything further?
Rabon: No
Wolfe: The Motion to Dismiss will be overruled, exceptions allowed. How do you want to draw the jury? Ma'am?
Morrison: From the entire population of Southeastern Oklahoma. Really, I would like ah the entire population of the Choctaw Nation. I mean ... Who was here the day of the arrest. That was open to everybody. That's one time of the year when the whole citizenry convenes on Southeastern Oklahoma. That would be impossible because according to my figures we have about 40,000 registered .. and I assume we are .... registered voters, so that's 40,000 to even start from the pool, but my understanding is that we have a population of 24,000 in Southeastern Oklahoma and that would probably.. 16 or 17 thousand registered voters in Southeastern Oklahoma., but we were all here the day of the arrest.
Wolfe: How many registered voters in Push. County? Do you know?
Morrison: No, I don't.
Wolfe: Do you Mr. Rabon?
Rabon: No idea.I don't think they have to be a registered voter according to the Court Rules of the Court of Indian Offenses, it says any enrolled member of the tribe within the Court's jurisdiction over the age of 18 years, not subject to judicial restraint.
Wolfe: There are 40,000 tribal citizens, Is that correct?
Morrison: No, we have about 103,000 members.
Wolfe: What's 40,000?
Morrison: 40,000 is the registered voters.
Wolfe: Okay- That's fine Well uh
Rabon: Could I add something, Your Honor?
Wolfe: I don't think we're going to need 40,000 people to draw from.
Morrison: Well, then uh
Rabon: The Court Rules provide that the jury consist of six
residents of the vicinity in which the trial is held.
Morrison: Well that narrows it down to
Wolfe: I want to give them an opportunity to
Rabon: The vicinity I mean Push. County is the vicinity
Wolfe: I understand --- I understand.
Rabon: I wouldn't object to Push. County.
Wolfe: I understand. You don't' know how many registered voters are in Push. County?
Morrison: No sir, I don't
Wolfe: Do you, Mr. Dry? In Pushmataha County?
Dry: I believe between I believe it's going to be between somewhere around 1600 and that my understanding is that you run into the absentees that identify in Pushmataha County, so they get to elect the Councilman in Pushmataha County, so I believe that they should be included. The last election I think there was some 400 around 870 voters that voted which was about 50 per cent and that included the ones that voted outside and do not particularly reside here , but identify here and register to vote here.
Wolfe: Okay. So what, do you think there are 1600?
Dry: I believe there are approximately that, somewhere.
Wolfe: What encompasses Southeastern Oklahoma?
Morrison: The ten and one-half counties of our boundaries.
Wolfe: Can you name them for me? And I'm not trying to give you a test. One of the ten and one-half is Pushmataha, Choctaw, McCurtain, LeFlore,
Morrison: Coal, Atoka, Haskell
Wolfe: Where is Haskell County?
Morrison: Haskell is Stigler. And we've got half of Hughes County?
Wolfe: Where is Hughes County?What is that?
Rabon: That's Holdenville.
Morrison: No, not Hughes County.
Rabon: Yeah, it's part of Hughes County.
Wolfe: Pittsburg County also?
Rabon: Pittsburg County.
Morrison: Yes. From that line all south.
Rabon: Latimer
Wolfe; What's Latimer?
Rabon: Wilburton
Morrison: Wilburton
Wolfe: Okay.
Rabon: Bryan, Choctaw, Atoka
Wolfe: How many how many I anticipate this to be a big barrel of voters from which the clerk will pick I don't know 45 names, who will be subpoenaed to appear for the trial, from which then we win pick the panel that's going to try the case. As far as that goes, I suppose well think the real problem I've got with it is that if we pick a we pick one of the 45 or 60 or however many we're going to pick or 30 or however many we're going to pick and one of those people lives in Los Angeles, which I assume I assume there are registered
Morrison: That can happen, yes.
Wolfe: voters in Los Angeles. I can anticipate from my experience as an associate District Judge in State Court, I can anticipate a multitude of calls either to here or my office wanting to be excused from jury duty because they don't want to come from Los Angeles, California plus I'm not I don!t know that I'm real big on the Tribe paying for somebody to come from Los Angeles. But, I guess that's neither here nor there really.
Rabon: Judge, according to the rules, there is supposed to be a list of eligible jurors prepared by the Tribal Council each year. I don!t know that the Tribal Council has even done that. There's a lady here that probably do you know whether or not
Wolfe: Well, if it hadn't been done, it needs to be done. Now what we can
Rabon: You don!t have to be a voter, or even registered to vote, it just says that any enrolled member of a tribe within the Court's jurisdiction over the age of 18 years. I still believe that the 6 people who make up the jury have to be from the vicinity where the trial is held. That's in the Muskogee area rules. I mean
Wolfe: I understand.
Rabon: We're not far from the Latimer County Line here, are we?
Wolfe: What's Latimer County?
Morrison: Wilburton.
Wolfe: Okay.
Morrison: I'm not sure
Wolfe: What's the County Seat of Latimer County, Mr. W.
Dry: Wilburton.
Rabon: That's not very far from McAlester, is it?
Dry: It's 30 miles. About 35 from here.
Rabon: What about Pushmataha and Latimer?
Morrison: The ten and one-half counties.
Wolfe: I'm sorry?
Morrison: I said, I want the ten and one-half counties as a pool.
Wolfe: The ten and one-half counties?
Morrison; Yes, the Tribal membership is 24,000 in the ten and one-half counties.
Wolfe: I understand.
Morrison: Over 18 , that cuts it down a little bit more, and that's .......
Wolfe: What's the furtherest place in the ten and one-half counties from here? Mr. Dry?
Morrison: Probably....
Dry: Durant, maybe Broken Bow
Rabon: Or Holdenville, maybe.
Wolfe: How far is Holdenville from here?
Rabon: It's a long way.
Wolfe: Holdenville? Where in the heck is Holdenville? Okay...Okay.-Okay Holdenville is .......
Dry: An hour to an hour and one-half I don!t think there's any place..I'm not sure..
Wolfe: Is there any place in the ten and one-half counties that is farther than an hour and a half from here?
Morrison: That.. that was the whole
Wolfe: I asked Mr. Dry.
Dry: I don't believe so, Judge. Certainly not more than... probably not more than.... I think I measured 110 miles from Durant ... I'm sure it's shorter other distances- I walked once from here. We're talking about less than 2 hours or an hour and one-half -- for the slower drivers.
Wolfe: From my place in that ten and one-half county area.
Dry: I believe so, Judge.
Morrison: Your Honor, the purpose of setting our Council here back in the old Choctaw Nation was because it is centrally located to all the ... all of our districts.
Rabon: I've got a question. To Scott or whoever. Let's say we draw a panel of 100 people or 200 people. Then how are we going to cull that down to 6 residents from the vicinity where the trial is being held?
Wolfe: Well, I'm not concerned about that right now.
Dry: Judge, I'd like to share with the Court an experience with the Creeks I prosecuted for them once
Wolfe: Well, I'm. not.. we're not the Creeks. Okay the jury panel will be drawn from the registered voters in the ten and one-half county, Southeast Oklahoma area. I anticipate this being done this way, that all these however many names this is are going to be put into, some kind of container - Some kind of container from which we will draw ... from which we will draw 60 names. I can't imagine it taking that many, but to be on the safe side we will do that. From which will be drawn 60 names. I will be present at the drawing, Mr. Rabon or his representative will be present at the drawing, Mr. Dry will be present or someone he designates and you (Court Clerk) will be present at the drawing. She will conduct the drawing. We will draw those names and those names will then be subpoenaed to appear on the date of the trial from which the trial panel will be drawn. Any questions?
Morrison: Yes- We want the names and addresses of the jury pool.
Wolfe: No, I'm not going to do that It will be drawn just exactly as I said it would. be drawn- That's the way it's going to be done. Now, the only..I just heard this today- the only .... if the Tribal Council needs to prepare a list of these people.. then the Tribal Council needs to... I'm not sure that needs to be done... it needs to be done.
Dry: When is their next meeting?
Wolfe: Okay. The next...have you got a calendar, Donna? Let me see your calendar. all right, I have to be here again.. I have to be here again in the month of October on the 24th of October to do some other things. Unless some problem arises- that I don't know about, we can draw the jury panel that day. What day do you want as a trial date? I assume it would be sometime in November.
Morrison: Yes, November 10.
Wolfe: What is significant about November 10?
Morrison: As we look at our calendar that is the best time for us to do it, to have to..... those days or however long its going to take us.
Rabon: I'm going to be out of town those days. October 8 through the 12th.
Wolfe: All right, the 17th.
Morrison: The 17th is free.
Wolfe: Mr. Rabon?
Rabon: I don't have my calendar here, but I can make it free if I have to.
Wolfe: All right, the 17th of November. Now I don't know what would preclude that from happening, unless there is some difficulty with drawing the jury panel. I don't know why we can't. I don't know what would come up to keep us from doing it on that day, and I'm referring to November 17th. I don't know what would keep us from doing it that day.
Morrison: Who will be verifying that the registered voters that will go into the hopper.
Wolfe: Well, I would assume that the election board
Morrison: Election Committee.
Wolfe: board or election whoever runs the election board of the Tribe would certify to me that the peoples names who are in the hopper are in fact the registered voters from the ten and one-half county district. Ten and one-half county Southeast Oklahoma area and I would hold them responsible for that in determining that those are in fact the voters from that ten and one-half county area. All right I have referred to this as the ten and one-half counties Southeast Oklahoma area. so the jury panel is going to be drawn on the 24th and the trial date is November 17th, at which time CRM 95-05 and 97-02 are going to be taken up. Is that right? Morrison: Oh, both of them? Were having trial on both of them?
Rabon: We haven't done discovery on 97.
Morrison: Well, yes and I
Wolfe: Okay, you want to just do 95-05 then?
Morrison: Yes,sir. Yes, sir, and the reason that I
Wolfe: That's fine that's fine.
Morrison: --Okay
Wolfe: Okay That's fine that's good.
Rabon: Well I thought that we were going to trial on all the charges all the cases from 95 that weren't stayed
Morrison: Exactly, that's my thinking
Wolfe: That's fine. That's fine. that's all right that's you're right and I'm wrong. What are the numbers? Is it just 95-05?
Rabon: No
Morrison: It's 02, I think isn't it Donna?
Heflin: It's 01.
Morrison: 01
Wolfe: 01
Heflin: 03, 04 and 05.
Wolfe; Now this just pertains to Mr. Dry as I understand it.
Morrison: Yes, sir. Yes, sir.
Heflin: The two women was the 03 and 04.
Morrison: Okay, so it's 01 and 05.
Wolfe: Okay... Alright... alright... now wait a minute.
Rabon: I thought the 02 had been dismissed because it was in
Morrison: That's Randle Hicks, isn't it? Yes, it was dismissed.
Wolfe: There was a count on Doug that was..
Morrison: Yeah, there was a... the assault or attempt that merged into the ......
Wolfe: Right, and I just went ahead and dismissed it and I'm tying to figure out...
Morrison: Which one it was... there was a couple of them that had two counts on the same one.
Rabon: Under 01 I've got assault on a police officer, count 1, count 2 attempt to intimidate officer.
Morrison: That's it.
Wolfe: Donna, I've got a minute right here in 0 ... well .... Make a copy of this for 0 1 and put one of them in 1 and then 5.
Rabon: So it's just O1 and 05?
Wolfe: So parties appear, Rabon for Tribe and Morrison for Doug Dry, jury pool to be drawn from ten and one-half county Southeast Oklahoma area. Panel to be drawn October 24th, '97. Trial November the 17th. Okay? That minute can stay in that file and this one goes right here. Okay. So we've got the jury panel to be drawn October 24th and the trial for November 17th.
Morrison: Yes, sir, I have one question about who will verify that there are different names that go into the pool. Will we both at least get to see the.list before it goes in?
Wolfe: No. Who is the head of the Tribal Election Board? Is there such ... is there a person ......
Morrison: Alma Mason
Wolfe: Is her office in Durant?
Morrison: Yes, sir.
Wolfe: She needs to be .... Donna, do you know that lady?
Heflin: Yes
Wolfe: She needs to be told what I have said here today and if she has any questions she needs to contact me concerning gathering of tile names. The Choctaw Nation Tribal Election Board is going to be responsible for seeing that the names of the registered voters in the ten and one- half county area in Southeast Oklahoma are put in the hopper. And that's the end of that. In conclusion let me state that I ...... of course I'm going to be here the 24th and I'm going to be here the 17th. If it's necessary to have a trial. I wish you all could get together and settle this stuff some way. If you can... that's fine. I'm just... I wish it could be settled without a trial, but I'm not... I'm here to try it and I'm going to be here to try it. You need to communicate, and I'm not addressing it to either one of you. I'm addressing it to all of you. You need to communicate and see if you can!t work this deal out where everybody can be .... or some satisfactory arrangement can be had ... if that's possible. If its not, then we will proceed as I have set forth.
Morrison: Your Honor, there is one other thing before we go off the record. I would like to have the documents ... the pictures that I requested from Judy Allen be handed to me now
Wolfe: I think they're here ... I think she has them.
Morrison: so I can verify
Rabon: Back on the 15th of August you entered and order of minute that all discovery would be completed by today and I still don't have the names and addresses of their witnesses yet that they are supposed to turn over. I would request that you would set another cut-off date on that, because I have given them everything that I have.
Wolfe: Okay- Ms. Morrison?
Morrison: Yes
Wolfe: He needs a list of your witnesses.
Morrison: Yes, sir.
Rabon: With everything I have requested in my motion.
Wolfe: Are there things that he has requested in his motion that you have not given him you need to give him.
Morrison: Yeah, the list of witnesses is pretty much is all I...
Wolfe: Well when can you do that?
Morrison: I take that back... there are... I do have a video that I will uh
Wolfe: When can that be done?
Morrison: Twenty days.
Wolfe: Well discovery was supposed to be done by today.
Morrison: Well
Wolfe: So, give me a .....
Morrison: Ten days.
Wolfe: Well, Okay. Now, if that's going to .... if when you deliver that stuff to him, if that' s going to... if this discovery... I don't know if it will... if its going to place some burden on you, then you need to communicate with me.
Morrison: Your, Honor, I do have one question. Did you get all those statements from the Bureau of Indian Affairs?
Rabon: The only statements I have were statements compiled by the Tribal Police.
Morrison: Okay. that's pretty much what I will be using as a statements...
Wolfe: You're telling me .... they're not....
Morrison: the Bureau of Indian Affairs that ... that looks like ... I mean I've got a stack of them that looks like this.
Wolfe: Well?
Morrison: It's
Wolfe: You need to give him the things you know those things need to be switched. You need to give him a list of you witnesses and if you have some video, he needs to see it. If you need ten days to do it, that's fine and I'll pass it past today for ten days. If that's going to necessitate something else on you part, Mr. Rabon, then I'll give you an additional time past that, but now you know it was , supposed to have been done today and now we've got another 10 days, which is fine, and That's okay. But now, come the end of this little deal here, that's going to be the end of it We need to get everybody... everybody needs to get everything and get everything switched because there is not going to be any more. That's going to be the end of it. Can we do that?
Morrison: Yes, Sir.
Wolfe: Ma'am?
Rabon; I'll send her a blank vhs tape to your office if you would like and you can
Morrison: Okay-it's just a matter of me getting two vcrs together sometime to make copies.
Wolfe: Okay. So you can do that? Is that correct?
Morrison: Yes, Sir.
Wolfe: And you will do so?
Morrison: Yes, Sir, I will.
Wolfe: Okay.
Rabon. The cut-off date on that?
Morrison: Ten days.
Wolfe: Ten days. And I'll give you an additional ten days after that if that's going to necessitate you doing something else. If you need to I don!t know what else you
Rabon: I'd like to take a look at the video, but I probably won't need any time
Wolfe: That's fine. Okay, anything else?
Morrison: He hasn't been arraigned yet. He hasn't entered a plea.
Wolfe: Let me see Let me see 97-02
Morrison: 97-02 Yeah, now ifs not guilty, right?
Wolfe: Do you want a copy of this Mr. Dry or do you acknowledge that and waive the reading thereof.?
Dry: (spoke too low to be intelligible)
Wolfe: You do not?
Dry:
Wolfe: This is in the Court of Indian Offenses of the Choctaw Nation of Oklahoma. This day is September the 26th, 1997. Choctaw Nation of Oklahoma, Plaintiff vs. Douglas Dry, Defendant. Case No. CRM-97-02. Information In the name and 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 and Battery upon a Police Officer) That on September 2, 1996 at the Council grounds at Tuskahoma, the defendant Douglas Dry did, then and there, unlawfully and without justifiable or excusable cause, knowingly commit the assault and battery upon a police officer, to wit: Durant Police Officer, Ben Veenstra by running into and striking said officer after the defendant had been told to stop by the officer all of which is 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 peace and dignity of the Choctaw Nation of Oklahoma. List of Witnesses: Ben Veenstra, Ronnie Hampton, Chris Cicio. Punishable by imprisonment not to exceed six (6) months or by a fine not to exceed $500.00 or by both such fine and imprisonment. Verification.State of Oklahoma County of Choctaw. 1, Robert L. Rabon, being duly sworn, on oath state: That I have read the above and foregoing information and know the contents thereof and upon information and belief state that the facts set forth therein ate true- Robert L. Rabon Prosecuting Attorney. Subscribed and sworn to before me this the 24th day of January, 1997. Notary Public Leah Ann Lankford. My Commission Expires: 4-18-98 Mr. Dry, do you wish to enter a plea at this time?
Dry: A plea of not guilty, Your Honor. It is my understanding that the .... from the rules, laws .... whatever they are of the Choctaw Nation that there is supposed to be a signed affidavit verified by the complaining parties. Mr. Rabon , the prosecuting attorney, not the complaining party be amended. Mr. Veenstra's signed affidavit of verification of that information to comply with the code of the Choctaw Nation. It needs to be dismissed.
Wolfe: Well, the information will stay as filed, Mr. Dry. Your plea of not guilty will be accepted and you will be released on your own recognizance. Anything else?
Morrison: No.
Wolfe: We are adjourned.