Choctaw Nation of Oklahoma,

Plaintiff, vs.

Douglas Dry, Rosie Lee Burlison, and Juanita McConnell,

Defendants.

Case No. CR-95-01, 02, 03,
04, and 05

Comes now the Choctaw Nation of Oklahoma ("the Nation"), by and through its prosecuting attorney, Robert L. Rabon and in response to defendants' Application for Change of Venue would show to the court as follows:

1 . In support of their motion, defendants have attached an affidavit by one, Aaron Dry, who instead of stating facts that might possibly support the motion, simply states that he believes that a "great degree of prejudice exists" not in the minds of the inhabitants of the Nation but instead, in the minds of the current administration of the Choctaw Nation. First, the state statutes require that the motion be supported by affidavits from at least three credible persons which means the defendant!,- are still three affidavits short but also, case law requires that the affidavit set forth facts not merely conclusions showing that a fair and impartial trial in Tuskahoma is impossible and the affidavit of Aaron Dry simply does not set forth any facts.

2. Jury Selection - Defendants have alleged that Brenda Hampton, who is Director of the Voter Registration Department of the Nation will choose the potential jurors. That is simply false. Obviously, a procedure to select the jury pool is set forth in the code and with the exception of eliminating the out of state Choctaws from the list, Ms. Hampton does not participate in the jury selection whatsoever.

3. Media Coverage - For the defendant Doug Dry to claim that Chief Hollis Roberts and tribal attorney Bob Rabon either control or influence the Durant Daily News, Latimer County Today, Talihina American, and Clayton Today shows just how paranoid and delusional he has become. Not only is the entire Choctaw Nation out to get him, he has also been targeted by several major newspapers who are determined to influence the potential jurors in order to prevent Dry from receiving a fair trial. Without exception, each and every story that has appeared in print or broadcast on television, was prompted by the defendants' craving for media attention. Now they are complaining about media attention. This is nothing new for the defendant Dry as he has always faxed copies of his pleadings in civil cases as well as in this case to The Daily Oklahoman and other newspapers before he sends them to opposing counsel.

4. Voters Lists - Here again, we seethe defendant Dry's obsession with this list, but in a different context. Before, the fact that no one, not even Chief Roberts, had a copy or could get one was of no consequence to the defendant Dry. He brought yet another frivolous lawsuit in order to obtain the list, but failed. He also attributed his embarrassing showing at the polls in the recent election to his failure to get a copy of the list. Should be he convicted of these charges, it will be because Brenda Hampton somehow secretly manipulated the list. In effect, Ms. Hampton is willing to risk federal felony criminal charges in order to insure that defendant Dry has an unfavorable jury pool, all of whom are predisposed to wrongfully convict defendant Dry of a few misdemeanors. The shear absurdity of this argument speaks for itself.

Wherefore, the Choctaw Nation respectfully objects to the change of venue in causes CR95-01, CR-95-02, CR-95-03, CR-95-04 and CR-95-05 and requests this case remain in the Court of Indian Offenses of the Choctaw Nation of Oklahoma at Tuskahoma, Oklahoma.

I hereby certify that on the 22nd day of November, 1995, I mailed a true and correct copy of the above NATION'S RESPONSE TO DEFENDANTS' APPLICATION FOR CHANGE OF VENUE to Scott Kayla Morrison, P.O. Box 637, Wilburton, OK 74578, with full postage prepaid thereon.