Choctaw Nation of Oklahoma,

Plaintiff,

vs.

Douglas Dry,
Rosie Lee Burlison, and
Juanita McConnell,

Defendants.

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

To The Honorable Judge of Said Court:

COME NOW, Douglas Dry, Rosie Lee Burlison, and Juanita McConnell, defendants in the above styled and numbered cause and moves this Court for an order changing the venue situs of the trial of this information herein to some other Code of Federal Regulations Court, such as the Court of Indian 0ffenses, Ada, Oklahoma, or Anadarko, Oklahoma. In support hereof, the defendants would show the Court as follows:

The defendants would show that the minds of the administration officials of the Choctaw Nation of Oklahoma presiding over and administering the jury pool are so prejudiced against these defendants and possess such fixed opinions as to :he guilt of the defendants, that a fair and impartial trial cannot be conducted herein. In support hereof the defendants would show as follows:

The affidavit enclosed herewith, designated as Exhibit "A," shows how the minds of the tribal officials administering the jury pool have become so extremely prejudiced against the defendants.

The current administration of the Choctaw Nation of Oklahoma owns and controls the official newspaper of the Choctaw Nation, the Bishinik, which is sent to all registered voters of the Choctaw Nation. This newspaper is an avenue for the administration which arrested and charged these defendants for peaceably exercising their right of free speech to prejudice the Choctaw citizens against these defendants. There is no other paper whose readership is the registered voters of the Choctaw Nation.

The current chief, Hollis Roberts, and the current tribal attorney, Bob Rabon, own, control or influence several newspapers Southeastern Oklahoma, including the Choctaw County Times, It Daily News, Latimer County Today, Talihina American, and ,ion Today. In addition to the Choctaw Nation's newspaper, the Bishinik, these newspapers are an avenue for the current admistration of the Choctaw Nation to prejudice the potential jurants against these defendants.

The potential jurors to hear this cause at trial are voters Choctaw Nation. These potential jurors will be chosen by Hampton, director of the voter registration department of the Choctaw Nation. Hampton is now and at all times has been an outspoken supporter of Hollis Roberts, Chief of the Choctaw Nation, and the defendant charged with rape and sexual assault. Hampton is a defendant in a suit filed by Dry on behalf of Morrison to obtain the list of registered voters of the Choctaw Nation. Further, Dry was a candidate in the recent election for chief of the Choctaw Nation, and represents two victims against Roberts and other tribal officials concerning events arising out of the federal criminal case pending against Roberts. Hampton is prejudiced against Dry and would choose an entire jury pool which voted in favor of the current administration, and continues to support the current administration. Since defendants does not have access to the voter registration list, there is no way to challenge the potential jurors selected by Hampton.

WHEREFORE, the defendants pray that the Court change the venue of this cause to some other Court of Indian Offenses in the State of Oklahoma, such as Court of Indian Offenses at Anadarko, Oklahoma, or Chickasaw Court of Indian Offenses at Ada, Oklahoma, where the defendants may have a fair and impartial trial.

I certify that I mailed first class postage prepaid the above and foregoing Application for Change of Venue to Robert L. Rabon, Rabon, Wolf and Rabon, Post office Box 726, Hugo, Oklahoma 74743 on this 30th day of October, 1995.

CHOCTAW NATION OF OKLAHOMA

BEFORE ME, the undersigned authority, appeared an the 20th day of October, 1995, and who being by me duly sworn did depose and state on her oath the following:

"My name is Rosie Lee Burlison. I am the defendant in the above entitled and numbered cause. I have read the foregoing Application for Change of Venue and swear that it is true and correct."

CHOCTAW NATION OF OKLAHOMA

BEFORE ME, the undersigned authority, appeared on the 30th day of October, 1995, and who being by me duly sworn did depose and state on his oath the following:

"My name is Douglas Dry. I am the defendant in the above entitled and numbered cause. I have read the foregoing Application for Change of Venue and swear that it is true and correct."

CHOCTAW NATION OF OKLAHOMA

BEFORE ME, the undersigned authority, appeared on the 30th day of October, 1995, and who being by me duly sworn did depose and state on her oath the following:

"My name is Juanita McConnell. I am the defendant in the above entitled and numbered cause. I have read the foregoing Application for Change of Venue and swear that it is true and correct.

SUBSCRIBED AND SWORN TO before me this 20th day of October, 1995.

My commission Expires: 12-18-96