Choctaw Nation of Oklahoma,

Plaintiff,

vs. Case Nos. CR-95-01, CR-95-02 and
CR-95-05

Douglas Dry,
Defendant.

CHOCTAW NATION'S RESPONSE TO
DEFENDANT'S MOTION FOR DISQUALIFICATION OF TRIBAL PROSECUTOR

Comes now the Choctaw Nation and in response to the first in a series of frivolous motions filed on October 30, 1995 by the defendant in an attempt to generate media attention and slander this attorney and his law firm, as well as the Choctaw Nation Administration would show to the court:

1. In response to paragraphs I, II and III of the defendant's motion the Nation would state to the court that although there is very little if any case law concerning the disqualification of a prosecuting attorney, the burden of proof on the movant in a situation involving a judge would be similar. In that respect, 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)

2. In response to paragraphs IV, V and VI in the defendant's motion the Nation would reallege that defendant's allegations are conclusory and completely based on the defendant's personal opinion and not supported by even a scintilla of evidence. Further, the Nation would direct the court's attention to a affidavit attached hereto marked Exhibit "A" which was executed by Bob Rabon and addresses the fraudulent allegations set forth in defendant's motion. 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.


CERTIFICATE OF MAILING

I hereby certify that on the 22nd day of November, 1995, I mailed a true and correct copy of the above Choctaw Nation's Response to Defendant's Motion for Disqualification of Tribal Prosecutor to Scott Kayla Morrison, P.O. Box 637, Wilburton, OK 74578, with full postage prepaid thereon.