Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Douglas Dry,
Rosie Lee Burlison, and
Juanita McConnell,

Defendants.

No. CR-95-05

COME NOW Douglas Dry, Rosie Lee Burlison and Juanita McConnell, defendants in the above styled and numbered cause, and move the Court to order the tribal prosecutor to produce all evidence favorable to them in this case as mandated by the due process clause of the United States Constitution. Brady v. Maryland, 373 U.S. 83 (1963).

The defendants would respectfully submit that the specific items requested are material because they would be admissible and relevant to the issue of guilt or degree of punishment. Further, that there exists a reasonable probability that such disclosure may affect the result of this prosecution or punishment and cause it to be difference in outcome. Further, that failure to disclose the items requested will cause counsel to be misled in the investigation and defense of this case. Defendants specifically request the following:

(a) The names, addresses and telephone numbers of all witnesses to the events leading up to these arrests;

(b) Logs of radio transmissions between arresting officers and other Choctaw police force, including the chief of police, Hoppy Denison;

All statements by all arresting officers, security officers, tribal employees assisting officers, and witnesses that have been given to the Choctaw Police Department, Bureau of Indian Affairs Law Enforcement Department, and the Federal Bureau of Investigation in this case.

All reports, tests or opinions, including internal memoranda of the Choctaw Police Department concerning tangible evidence that has been lost or destroyed while in the custody of that office, and that would have been relevant in the present prosecution.

All reports relating to any polygraph examination administered to any possible witness for the Nation.

All documents and reports regarding the physical or mental disease or disorder affecting any individual the Nation intends to call as a witness in the present case.

All information that is arguably exculpatory through its use as impeachment of possible Nation witnesses, including, but not limited to, the prior criminal records of each witness, copies of summaries of any prior and arguably inconsistent statement of such witness concerning this prosecution, promises of leniency or reward by the Nation, and any other matter which would have relevance to the general credibility of such witnesses.

All facts, information, written statements, tapes, videos and all other recorded material, electronic or written, of questioning and interrogation of defendants from the Nation's initial contact with defendants until the conclusion of the interrogator or series of interrogation sessions.

All material now known to the Nation, or which may become known, or which through due diligence may be learned from the investigating personnel or witnesses in this case, which is arguably exculpatory material. Further, if subsequent to compliance with these requests or orders pursuant thereto, the tribal prosecutor or his agents discover additional material or information is discovered during the trial, the Court shall also be notified of the discovery of such evidence.

WHEREFORE, PREMISES CONSIDERED, the Defendants respectfully prays that the Court order the Nation to disclose the items hereinbefore set forth.

I hereby certify that a true and correct copy of the foregoing Motion was mailed first class postage prepaid on the 30th day of October, 1995 to Robert Lee Rabon, Rabon, Wolf and Rabon, PO Box 726, Hugo, Oklahoma, 74743.