TULSA, Okla. - Quick Facts:
- Judge Sharron Holmes said at this time she is going to deny Shannon Kepler’s request for a motion to dismiss because of jurisdiction on grounds that Kepler is a Native American.
- Judge Holmes said it would be premature for her to make a decision pending the current petition for a rehearing regarding a federal criminal appeals case that’s the foundation for this argument.
- Recently the 10th Circuit Court ruled to overturn the conviction of a crime committed by a Native American on Native American territory.
- Kepler’s attorney Richard O’Carroll said he believes the judge is trying to stall this case, while the judge said it court by no means is she trying to stall this process.
- O’Carroll also filed three other motions Thursday seeking to dismiss the case and bar certain court proceeding from being included in the trial.
- The Tulsa County District Attorney's office said they are not commenting while this case is ongoing but they did state in court documents that the federal case is still working its way through hearings and it cannon affect Kepler’s case.
- The next hearing to address the motions filed today will be on August 29th at 9 a.m.
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