Copyright © 1998 NLThomas
All Rights Reserved

Cherokee Press Association
Copyright © 1998 CPA
All Rights Reserved

NEWS RELEASE
May 19, 1998

EXCERPTS OF JOE BYRD’S DEPOSITION AND JENNIE BATTLES’ DEPOSITION IN WHICH EACH OF THEM ACKNOWLEDGE LISTENING TO SOME OR ALL OF AN ILLEGALLY TAPED CONVERSATION BETWEEN JUSTICE BIRDWELL OF THE CHEROKEE NATION JUDICIAL APPEALS TRIBUNAL AND MARVIN SUMMERFIELD.

Byrd’s Excerpt From Deposition in the Swidler Berlin vs. Holder case:
Attorney, Charles Shipley is deposing Byrd:
Page 75, Line 7:

Q. Are you aware of any evidence of tape recorded phone calls which support any of the allegations in this complaint, any allegations which have to do with the internal conflicts?
A. Yes.
Q. And what are those, what conversations are those?
A. A conversation with Justice Birdwell and Marvin Summerfield.
Q. And who recorded that?
A. I have no idea.
Q. How do you know of it?
A. I heard it.
Q. Who played it for you?
A. Bob Powell
Q. Are you aware of any other recorded telephone conversations other than this one?
A. No
Q. Is this one conversation or a number of conversations?
A. I don’t remember because as I heard it, Mr. Powell played bits and pieces.
Q. Who else was present when it was played?
A. I’m trying to remember. It may have been - I don’t truly remember.
Q. Do you remember how Mr. Powell obtained this recorded conversation?
A. It was turned over to him by Mark McCollough.
Q. Did Mr. McCollough make the tape of the telephone conversation himself?
A. It was my understanding it was anonymously delivered to him.
Q. That it was anonymously delivered to McCollough?
A. Yes.

Battles’ Excerpt From Deposition in the Swidler Berlin vs. Holder case:
Attorney, Charles Shipley is deposing Battles:
Page 58: Line 5:

Q. There was a discussion yesterday with Ms. Battles and Mr. Starr about some tape recordings of intercepted telephone calls that Mr. Powell had.
          MR. LIPPS: Objection only to the plural nature of calls.
Q. (By Mr. Shipley) Okay, I’m sorry, I believe the testimony was that the testimony was that there was an intercepted telephone call which was taped that occurred between Justice Birdwell and Marvin Summerfield. Are you aware of that tape?
A. Yes, sir.
Q. Have you ever heard that tape?
A. Small pieces.
Q. To your knowledge, are there any other taped telephone calls of any - by anyone of anyone involved in the Cherokee tribe?
A. No, sir.
Q. And who had the tape that -- of the telephone call that you heard?
A. Bob Powell brought it to the office. I think he played it. A guy name Mark McCollough had received it anonymously. They played it and started it and I said I heard enough. That was the end of that.
Q. About when was - when did you hear this?
A. I would say I don’t - it seems like it was late January or maybe February. I really don’t know, sir.
Q. Okay. And that - you’re speaking of 1997?
A. Yes.