Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Douglas Dry,

Defendant.

No. CR-95-01, 02, 05

To the Honorable Judge of Said Court:

COMES NOW Douglas Dry, Defendant in the above styled and numbered cause, by and through his attorney of record, Scott Kayla Morrison and moves the Court to disqualify and recuse Tribal Prosecutor, Robert L. Rabon, from participating in any proceedings in the above cause, and in support thereof would show the Court as follows:

Robert L. Rabon is personally biased and prejudiced against the Defendant and said Defendant will be unable to receive a fair and impartial trial.

Robert L. Rabon is a member of the same law firm as his father, Bob Rabon, the firm of Rabon, Wolf and Rabon. The firm has signed an attorney's contract with the Choctaw Nation, and the contract has been in effect for at least seventeen years.

The law firm of Rabon, Wolf and Rabon, in its years representing the Choctaw Nation, has a vested financial interest in maintaining the status quo of the current administration.

Bob Rabon and Chief Roberts own and control a Hugo newspaper, and Rabon's wife and mother to Robert L. Rabon is meditor. This newspaper, Choctaw County Times, has been used in the past for the purpose of attempting to harass and intimidate the Defendant, Douglas G. Dry, and at least one of his clients.

Bob Rabon has used his position with the Choctaw Housing Authority in attempts to insulate Chief Roberts from a federal investigation into rape and sexual assault allegations made by tribal members and tribal employees.

The Rabon, Wolf and Rabon law firm, and anyone connected with it, will be biased against Defendant Douglas Dry, and said law firm will protect the status quo of Chief Roberts' administration.

This motion is made in good faith and not for the purpose of delay. Said motion has been filed sufficiently early before the trial date to cause no inconvenience or disruption of the proceedings.

WHEREFORE, PREMISES CONSIDERED, the Defendant prays that Court will disqualify and recuse Tribal Prosecutor, Robert L. Rabon, and that the Court will set this motion down at a future date for hearing thereon.

I certify that I mailed first class postage prepaid the above and foregoing Motion to Disqualify Tribal Prosecutor, to Robert L. Rabon, Rabon, Wolfe, and Rabon, on this 30th day of October, 1995.

I, Douglas G. Dry, do affirm and state that:

1. That the Prosecuting Attorney, Robert L. Rabon, Jr., was hired by the Choctaw Nation of Oklahoma in violation of Indian Preference Provision pursuant to the PL-93-638 Tribal Court Contract with the Bureau of Indian Affairs.

2. That the Prosecuting Attorney, Robert L. Rabon, Jr., is the son and law partner of Tribal Attorney, Bob Rabon.

3. That the Prosecuting Attorney, Robert L. Rabon, Jr., has no prior prosecuting experience and was hired by the Choctaw Nation of Oklahoma as a political cronie of the current Choctaw Nation Administration to protect the illegal activities of the Choctaw Nation Chief, directors, executives and certain council members.

4. That the Tribal Attorney, Bob Rabon, and Choctaw Nation Chief have business interest together which leads any reasonable person to conclude that both the tribal attorney and Choctaw Chief's interests are to protect each other's power from outside interference.

5. That the Choctaw Nation Chief Roberts and Tribal Attorney, Bob Rabon own and operate the newspaper "Choctaw County Times" located in Hugo, Oklahoma and said newspaper has been used in the past for the purpose of attempting to harass and intimidate the Defendant, Douglas G. Dry and at least one of his clients.

6. That a past client of Affiant did inform said Affiant that a top housing authority official, in the summer of 1994, informed said client just prior to her being questioned by the F.B.I., that he [Tribal Housing Authority Official, Gary Batton) "had just talked to Bob Rabon and Bob Rabon had said for her [Affiant's Client] to tell the F.B.I. that she didn't know anything in response to the F.B.I. questions." That further, the F.B.I. was investigating the sexual assault of a former Choctaw Housing Authority employee which has subsequently led to federal indictments against Hollis Roberts for sexual assault, including rape for which Mr. Roberts is facing life imprisonment.

7. That in the fall of 1994, the Choctaw Nation Housing Director did arrange a secret meeting with Affiant's client and at said meeting did state to said client "that I have just left a meeting with Bob Rabon and Hollis Roberts concerning the federal investigation (for sexual assaults] of Hollis Roberts and that they need to know what you [Affiant's client] told the Grand Jury and federal officials so that they can prepare for any upcoming charges against Mr. Roberts." That my client was subsequently fired by the Choctaw Housing Authority for testifying truthfully to the Federal Grand Jury and cooperating with the F.B.I.

8. That in January, 1994, 1 filed a civil rights lawsuit on behalf of a former tribal employee against Hollis Roberts for sexual harassment involving sexual assaults and harassment occurring through September, 1993. That Tribal Attorney Bob Rabon did represent Hollis Roberts in said lawsuit which was dismissed by the federal judge due to any civil rights violations occurring on tribal land by a tribal official against a tribal member would have to be conducted in tribal court.

9. That the Tribal Attorney Bob Rabon was co-counsel with the Gene Stipe Law Firm in defense of Hollis Roberts and Choctaw Nation Social Services Director, Linda Higginbotham in the sexual harassment suit. That in defending the harassment lawsuit, Bob Rabon was aware that one corroborating witness/victim of sexual assault by Hollis Roberts was previously represented by the Gene Stipe Law Firm in 1990.

10. That based on the knowledge of Tribal Attorney Bob Rabon's law firm, as stated in the above paragraphs 6, 7, 8, and 9, any unbiased prosecutor would have initiated a criminal investigation of Hollis Roberts for the sexual assaults of female employees of the tribe. However, the Bob Rabon Law Firm assisted in the cover-up of said assaults.

11. That the Bob Rabon Law Firm also represents the Choctaw Nation Housing Authority and would, therefore, be obligated to protect the integrity of the administratIon of the programs and services of said Housing Authority. That this Affiant has information of fraud perpetuated by the Housing Authority, a Choctaw Tribal Council member, and a former client of the Bob Rabon Law Firm in which said representation should have made said fraud against the Choctaw Tribe and Housing Authority known to said Tribal Attorney.

12. That the Bob Rabon Law Firm is so intertwined with Hollis Roberts and the Hollis Roberts administration, that it is in the economic best interests of said law firm to protect the status quo of the tribe and that said law firm is in conspiracy with said Hollis Roberts to intimidate, harass and illegally prosecute the Affiant Defendant Douglas G. Dry for the purposes of attempting to discredit the character and integrity of said Affiant Douglas G. Dry.

13. That the Bob Rabon Law Firm has done all that is in its power to maintain the status quo of the tribe to include, advise the tribal council that the release of 40,000 registered voters, names and addresses to candidates opposed to Hollis Roberts would violate the Federal Privacy Act. That at the same time the Bob Rabon Law Firm represents the Chickasaw Nation and said Chickasaw Nation releases the names and addresses of the Chickasaw registered voters to all candidates for office. That an advisory opinion was issued by the Department of Interior advising that the release of names and addresses of tribal registered voters was not in violation of the Federal Privacy Act. That said advice of the Bob Rabon Law Firm to the Choctaw Tribal Council is further evidence of the Bob Rabon Law Firm's efforts to prevent democracy in the Choctaw Nation to ensure Hollis Roberts or his chosen successor remain in power which will further ensure that the Bob Rabon Law Firm will be the attorney for all boards, agencies and officials of the Choctaw Nation.

14. That a fair investigation of the charges has not been conducted, and Affiant does not believe he will receive all required discovery and exculpatory evidence required under due process of law, and further said Defendant faces one year's imprisonment by a corrupt system of government.


Further Affiant sayeth not.

Dated this 30th day of October, 1995.

Subscribed and sworn to before me this 30th day of October, 1995.

My Commission Expires:

5-19-97