Choctaw Nation of Oklahoma,

Plaintiff,

VS. Case Nos. CR-95-01 and CR-95-05
Douglas Dry,
Defendant.

Defendant's have filed a motion for the trial judge to disqualify and recuse himself from the above proceedings. In response thereto the Choctaw Nation ("the Nation") would object to the defendant's motion and in response would state:

1. The Defendant's allegations that "Judge James Wolfe is personally biased and prejudicial against the defendant" is conclusionary and is not supported by any evidence whatsoever that would tend to establish these allegations. With regard to the disqualification of a trial judge on the basis of bias and prejudice the law is well settled. "Affidavit of bias or prejudice of a judge must state with particularity the identifying facts of time, place, persons, occasion and circumstances" Hall v. Burkett, 391 F. Supp. 237 (D.C. Okl. 1975) Affidavit in support of the motion to disqualify judge must state facts not conclusions. Harris v. Britton, 361 F. Supp. 528 (D.C. Okl. 1973) A petition for disqualification of trial judge to be sufficient must be grounded upon pleadings and proof of matters of fact, and not consist merely of conclusions and matters of opinions. Dowell v. Hall, 185 P.2d 232 (Okl. Cr. 1947)

In the present case, defendant Dry states in his affidavit that your honor was appointed by Chief Hollis Roberts and does not have independent power to serve any interest except those of Chief Roberts. Clearly, the foregoing is nothing more than an opinion or a conclusion on the part of the defendant Dry and is not supported by any facts or evidence and therefore, defendant's motion should be denied.

I hereby certify that on th 19th day of October, 1995, I mailed a true and correct copy of the above RESPONSE TO DEFENDANT'S MOTION TO DISQUALIFY TRIAL JUDGE to Scott Kayla Morrison, P.O. Box 637, Wilburton, OK 74578, with full postage prepaid thereon.