Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Douglas Dry,
Rosie Lee Burlison, and
Juanita McConnell,

Defendants.

No. CR-95-05,

To the Honorable Judge of Said Court:

COMES NOW Rosie Lee Burlison, Defendant in the above styled and numbered cause, by and through her attorney of record, Scott Kayla Morrison, and moves for severance from co-defendant Douglas Dry and in support thereof would show the Court as follows:

Defendant Douglas Dry has been charged with a separate and distinct crime of assaulting a police officer from co-defendant Rosie Lee Burlison. Defendant Burlison will suffer prejudicial harm by evidence introduced to prove Dry's guilt or innocence. Regardless of the trial court's instructions to the contrary, the jury will consider the co-defendant's alleged acts and declarations against Defendant Burlison, causing prejudice.

WHEREFORE, PREMISES CONSIDERED, the Defendant Rosie Lee Burlison prays that her case be severed from that of codefendant Douglas Dry and that she be tried alone.

STATE OF OKLAHOMA

COUNTY OF LATIMER

BEFORE ME, the undersigned authority, appeared on the 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 Motion of or Severance and swear that it is true and correct.

SUBSCRIBED AND SWORN TO before me this 2nd day of October,
1995.

My Commission Expires: 12-18-97

CERTIFICATE OF SERVICE

I certify that I mailed first class postage prepaid the above and foregoing Motion for Severance to Robert L. Rabon on this 13th day of October, 1995.