Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Juanita McConnell,

Defendant.

No. CR-95-03

To the Honorable Judge of Said Court:

COMES NOW Juanita McConnell, defendant in the above entitled and numbered cause and move this Court to order the Choctaw Nation to disclose the following:

The names and addresses of witnesses, together with their relevant oral, written or recorded statement, or summaries of same. Allen v. District Court, 803 P.2d 1164 (Okla. Crim. App. 1990).

All sworn statements of persons having knowledge of the alleged criminal offense that have been obtained by the Tribal Prosecutor's office or any law enforcement officer. Choctaw Criminal Procedure, Section 4-303.

Any written or recorded statements and the substance of any oral statements made by the accused or made by a co-defendant. Allen v. District Court, 803 P.2d 1164 (Okla. Crim. App. 1990).

Any books, papers, documents, photographs, tangible objects, buildings or place which the Tribal Prosecutor intends to use in the hearing or trial or which were obtained from or belonging to the accused. Allen v. District Court, 803 P.2d 1164 (Okla. Crim. App. 1990).

A detailed description of, and access to, all forms of tangible evidence in the custody of the Tribal Prosecutor, state or private laboratories or police departments, including, but not limited to all documents which are evidence on the very essence of the case.

Any record of prior criminal convictions of defendant or of any co-defendant. Allen v. District Court, 803 P.2d 1164 (Okla. Crim. App. 1990).

OBSI or FBI rap sheet/records check on any witness listed by the Nation as a possible witness who will testify at trial. Allen v. District Court, 803 P.2d 1164 (Okla. Crim. App. 1990).

Reproduced at defendant's expense, copies of any photographs to be used by the prosecution. Stafford v. District Court, 593 P.2d 979 (Okla. Crim. Appl 1979); State ex rel. Fallis v. Truesdell, 493 P.2d 1134 (Okla. Crim. Appl. 1972).

Any and all written statements, oral statements or recordings of any other persons interviewed by the Nation or its agents which are inconsistent with an earlier statement or which are inconsistent with a statement made by another person interviewed by the Nation or its witnesses. Coleman v. Maxwell, 273 F.Supp. 275 (S.D. Ohio F.D. 1967), aff'd 339 F.2d 666 (5th Cir. 1968); United States v. Rutkin, 594 P.2d 771 (Okla. Crim. App. 1979).

The nature, date and place of any criminal offense or acts of misconduct, other than those charged in the present information, which the Nation will offer for impeachment purposes and attempt to disprove good character or reputation of defendants. Burks v. States, 594 P.2d 771 (Okla. Crim. App. 1979).

Any and all consideration or promises of consideration given to any witness for the Nation, referring to absolutely anything of value or use, including but not limited to immunity, witness fees, assistance to members of witnesses-' families or associates, assistance or favorable treatment with respect to any criminal action, and anything else which could create an interest or bias in a witness in favor of the Nation. King v. U.S., 419 U.S. 18 (1974).

Any and all threats against any witness for the Nation, including but not limited to losing a job with the Nation, denying services provided by the Nation to the witnesses or witnesses' families or associates, withholding contracts or other financial inducements from witnesses or witnesses' families, and anything else which could create an interest or bias in a witness in favor of the Nation.

The list of registered voters, including names and addresses, for the Choctaw Nation from which the jury pool will be choosen.

Policies and guidelines adopted by the Choctaw Police Department pursuant to Section 2-23 of the Choctaw Criminal Procedures, concerning the use of force by peace officers in carrying out the duties of such officers within the jurisdiction of the law enforcement entity.

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