Choctaw Nation of Oklahoma,

Plaintiff,
vs

Douglas Dry,
Juanita McConnell and
Rosa Burlison,

Defendants.

Case Nos. CR-95-01, CR-95-02, CR-95-03
CR-95-04 AND CR-95-05

Comes now the Choctaw Nation of Oklahoma ("the Nation"), by and through its prosecuting attorney, Robert L. Rabon and hereby respectfully request that each of the defendants voluntarily disclose to the prosecuting attorney the following, to-wit:

1. All of the material and information within the defendants or defendant's attorneys possession or control as set forth by the following items and information as listed below, in accordance with Allen v. District Court of Washington County, et al, 803 P.2d 1164 (1991).

(a) the names and addresses of witnesses, together with their relevant written or recorded statement, or summaries of same;

(b) the name and address of any witness, other than the defendants, who will be called to show that the defendant was present at the time and place specified in the information (or indictment), together with the witnesses statement to the fact;

(c) the names and addresses of any witness the defendant will call, other than themselves, for testimony relating to any mental disease, mental defect, or other condition bearing upon their mental state at the time the offenses were allegedly committed, together with the witnesses statement of that fact, if the statement is reacted by the court to preclude disclosure of privileged communication.

2. The Nation further request the Court set reasonable times and places to allow the Nation's prosecutor access to inspect, photograph, copy, or have reasonable tests made upon any book, paper, document, photograph, or tangible object which is within the defendants' possession or control which

(a) The defendant intends to offer in evidence, except to the extent that if contains any communication of the defendant; or

(b) is a report or statement as to a physical or mental examination or scientific test or experiment made in connection with the particular case prepared by and relating to anticipated testimony of a person whom the defendant intends to call as a witness, provided the report or statement is reacted by the court to preclude disclosure of privileged communication.

3. An order commanding the defendant if they subsequently ascertains that they have possession or control of any such a matter as requested herein, they shall promptly so inform the prosecuting attorney.

4. The Nation further requests that defendants' counsel produce all material evidence in her possession, of the crime with which the defendants are charged in the above styled case. State v. Olwell, 394 P.2d 68 1. People v. Sanchez, 55 CrL 1142, April 29, 1994.

5. The Nation further requests that the court set a deadline/day certain by which the defendants and or defendants' counsel shall have complied with this order, at least five days prior to trial of this cause. Allen v. District Court of Washington County, et al, 803 P. 2d 1164 (1991).

WHEREFORE, premises considered this motion is made in good faith and the Choctaw Nation of Oklahoma requests said Motion be sustained in its entirety.

I hereby certify that on the 30th day of October, 1995, 1 mailed a true and correct copy of the above Request and Motion for Discovery of the Nation to Scott Kayla Morrison, P.O. Box 637, Wilburton, OK 74578, with full postage prepaid thereon.