Copyright © 1998 NLThomas
All Rights Reserved

---

Copy Of The Complaint Against Byrd
For Misappropriation Of Tribal
and Federal Funds

Cherokee Press Association
Friday, January 9, 1998

Copyright © 1998 CPA
All Rights Reserved

Copy Of The Complaint Against Byrd For Misappropriation Of Tribal and Federal Funds was filed In The Supreme Court, April 24, 1997 By Tribal Prosecutor, Diane Blalock.

Comments: The April 24, 1997 Complaint filed against Cherokee Nation Chief Joe Byrd, by the tribal prosecutor Diane Blalock follows below. Prior to this complaint and following Byrd and conspirators began their systematic dismantling of the Cherokee Nation’s constitutional government and judicial branch of government. Byrd fired the legitimate law enforcement officers of the nation who had served and executed a search warrant of his administrative offices on Feb. 25, 1997; and illegally orchestrated the takeover of tribal law enforcement by the BIA; Byrd fired the prosecutor, Diane Blalock who filed the April 24th Complaint; Byrd and cohorts tried to impeach the entire Cherokee Nation Supreme Court justices (JAT); orchestrated an illegal takeover of the Cherokee Nation courthouse in a predawn raid illegally removing files, documents and records from the courthouse offices, and set up an illegal court in Byrd’s executive branch administrative offices at the tribal complex under District Court Judge Tina Glory Jordan and Byrd appointed District Judge Littlejohn who were both suspended by the JAT. Jordan who continues defy supreme court orders presides to this date over the Byrd court and has refused to return the files, equipment and records to the courthouse defying the JAT orders to do so.

FILED:
April 24,1997

CHEROKEE NATION
DISTRICT COURT

IN THE DISTRICT COURT OF THE CHEROKEE NATION

CHEROKEE NATION
Plaintiff,

vs.     CR-97-16

JOE BYRD
Defendant

COMPLAINT AND INFORMATION

IN THE NAME AND BY THE AUTHORITY OF THE CHEROKEE NATION, comes now A. Diane Blalock, the duly qualified and acting Prosecutor for the Cherokee Nation, and upon her oath of office give the District Court of the Cherokee Nation reason to know and be informed that JOE BYRD did, in the Cherokee Nation and within Indian Country as defined by 18 U.S.C. 115 and the laws of the Cherokee Nation, beginning on or about July 26, 1996, and anterior to the presentiment hereof, in the manner and form as follows, did commit the crime of DIVERSION OF NATION FUNDS, in violation of 21 C.N.C.A. Paragraph 1463 in the manner and form as follows:

Beginning on or about July 26, 1996, and continuing through December 20, 1996, the defendant authorized the payment from funds appropriated by the Cherokee Nation Council for exclusive use by the Law and Justice Department of the Cherokee Nation to pay Kimberly Teehee, a contractor with the Nation, for services rendered to the Democratic National Committee. Law and Justice funds are not designated for use in partisan political campaigns. Fifty percent (50%) of the Law and Justice funds originate from the United States of America and are designated for payment of indirect costs related to federally funded programs. The director of Law and Justice Department did not approve the expenditure. The defendant diverted the sum of Twenty Three Thousand Four Hundred Nineteen and 75/100 Dollars ($23,419.75) from its appropriate use to pay for a contractor to work for the Democratic National Committee.

FURTHER, that the said defendant is an Indian as defined in 25 U.S.C. 450(b), being a member of the Cherokee Nation, and that they did within the Cherokee Nation and on Indian Country on the dates aforesaid, unlawfully, willfully and wrongfully commit the above crime of Diversion of Nation Funds contrary to the Cherokee Nation statute cited above, and against the peace and dignity of the Cherokee Nation.

/S/
A. DIANE BLALOCK
Cherokee Nation Prosecutor

CHEROKEE NATION
_____________________

BYRD’S ILLEGAL DISTRICT COURT’S DIRTY LITTLE DEEDS Under suspended District Court Judge ,Tina Glory Jordan, the following scheme and conspiracy is outlined below in a series of Pretend Court Work & Documents Discovered By Citizens Jan. 9, 1997.

Byrd and cohorts were hoping that they could keep all these illegal moves quiet, and that Byrd would get off because he was being provided with documents to prove that he could not get a speedy trial, or whatever else he and cohorts had schemed or constructed for Byrd and cohorts escape justice. Byrd’s day in court has never arrived. He has avoided at all costs (as planned in the Byrd’s chief of staff, George Thomas’, “conspiracy” notes) accountability for facing charges for allegations of misappropriation of tribal and federal funds. How far have they gone, and at what costs to our constitutional government?... After you see the documents below, and the names thereon, it does not take a rocket scientist to figure out what their dirty little plan was. Aided and abetted by a cadre of Byrd ordered city, county state and federal cohorts, including his own illegal “pretend” court and judges, Byrd continues to escape justice and continues to break our laws, defy our constitution and has grossly failed to live up to his own sworn oath of office.

NOTE: All of the documents below are not worth the paper they are written on. They were created as part of a conspiracy to illegally set aside Byrd’s arrest warrants, and to keep him from appearing in court to answer for allegations of misappropriation of tribal and federal funds. No one would have known about the Byrd controlled and ordered district court’s dismissal of arrest warrants for Byrd had it not been for Cherokee Nation Councilor Paula Holder’s request to see the “arrest warrants”. On Jan. 9th the councilor and the citizens of the Cherokee Nation learned of the illegal attempt by Byrd and cohorts to set aside and dismantle all charges against him. The conflict of interests by all those whose names appear on the following documents would is enough in all legitimate law and justice arenas to have them all charged with ethics violations, and crimes. They should be disbarred from further practice of law in the Cherokee Nation. This is a disgrace that demands justice and accountability!

FILED:
10:47 AM
Sept. 9, 1997

IN THE DISTRICT COURT OF THE CHEROKEE NATION

CHEROKEE NATION
Plaintiff

v.     Case No. CR-97-16

JOE BYRD,
Defendant

COURT MINUTE

DATE: August 15, 1997

COURT: Littlejohn

Appearances: Bart Fite, Prosecutor for Cherokee Nation; William Bliss for Defendant

Motion for Continuance was filed by the Defendant’s attorney. Prosecutor Bart Fite requests a new date for the scheduling conference. In concurrence with Judge Littlejohn, the Scheduling Order is stricken, and set down for a hearing in 60 days. The Court directs Prosecutor, Bart Fite and the attorney for the defendant to submit a proposed Re-Scheduling Order agreeable to both parties as to the steps needed to bring this case to its ultimate conclusion. I f a proposed order can be agreed upon there will be no hearing. Hearing is set for October 17, 1997 at 10:00 a.m.

/S/
Littlejohn
Judge of the District Court
________________________

FILED:
August 7, 1997
3:00 PM
CHEROKEE NATION
DISTRICT COURT

IN THE DISTRICT COURT OF THE CHEROKEE NATION

CHEROKEE NATION
Plaintiff,

vs.     CR-97-07 & CR-97-16

JOE BYRD
Defendant

COURT MINUTE

Date: June 27, 1997
Court: Littlejohn

Appearances: Angela Barker appears for the Nation; W.H. Bliss appears for the Defendant, Joe Byrd.

Case comes on for arraignment. Defendant enters a plea of not guilty. Plea is entered and Bench Warrant withdrawn. Case is to be set at later date.

/S/
Littlejohn
JUDGE OF THE DISTRICT COURT

___________________________

FILED:
August 15, 1997
CHEROKEE NATION DISTRICT COURT

IN THE DISTRICT COURT OF THE CHEROKEE NATION

The CHEROKEE NATION
Plaintiff

-vs- Case No. CR-97-11 & CR-97-16

JOE BYRD, as Principal Chief
of the Cherokee Nation
Defendant

MOTION FOR CONTINUANCE

COMES NOW William H. Bliss, Attorney for Defendant, and respectfully request that the above styled cases be continued for a period of thirty (30) days, it being in the best interest of justice to continue until a prosecutor can be made available in this matter.

Respectfully submitted,

/S/
Williams H. Bliss
CNBA:
306 W. Choctaw
Tahlequah, OK 74464
Telephone 918/456-8011

ATTORNEY FOR DEFENDANT
JOE BYRD, Principal Chief

_________________________

FILED:
July 16, 1997
1:15 PM
CHEROKEE NATION
DISTRICT COURT

IN THE DISTRICT COURT OF THE CHEROKEE NATION

CHEROKEE NATION
Plaintiff,

vs. CR-97-16

JOE BYRD,
Defendant

COURT MINUTE

DATE: 4/25/97
COURT: Jordan

Appearances: Diane Blalock appears for the Nation; Bill Bliss appears for the defendant.

Case comes on for arraignment. Defendant does not appear. Attorney Bliss requests a continuance. With no objection from the prosecutor, arraignment to be set on a date mutually agreed up by both parties.

/S/
Jordan
JUDGE OF THE DISTRICT COURT

______________________

FILED:
July 03, 1997
CHEROKEE NATION
DISTRICT COURT

IN THE DISTRICT COURT OF THE CHEROKEE NATION

CHEROKEE NATION,
Plaintiff

v.     Case No. CR-97-16

JOE BYRD, Principal Chief,
Defendant

SCHEDULING ORDER

The following deadlines are established for this case:

MUTUAL EXCHANGE OF NAMES OF PROPOSED WITNESSES AND EXPECTED TESTIMONY; MUTUAL EXCHANGE OF PROPOSED EXHIBITS AND DESCRIPTION OF SUCH EXHIBITS August 15, 1997

FILING OF MOTIONS September 19, 1997 FINAL EXCHANGE OF LIST OF WITNESSES AND EXHIBITS; CUT-OFF FOR FILING ADDITIONAL MOTIONS, IF ANY October 17, 1997 CUT-OFF FOR FILING RESPONSES TO MOTIONS, IF ANY October 31, 1997

PRETRIAL CONFERENCE; DISPOSITION OF PENDING MOTIONS
November 14, 1997 10:00 A.M. TRIAL
December 15, 1997 10:00 A.M.

The Court Clerk of the District Court is directed to fax a copy of this document to all parties and/or counsel of record.

IT IS SO ORDERED ON THIS 2ND DAY OF JULY, 1997.

/S/
Tina Jordan, District Judge

_________________________

FILED:
July 01, 1997
11:51 A.M.
CHEROKEE NATION
DISTRICT COURT

IN THE DISTRICT COURT OF THE CHEROKEE NATION

CHEROKEE NATION,
Plaintiff,

v.     Case No. CR-97-16

JOE BYRD, Principal Chief,
Defendant

ORDER

NOW on this 27th day of June, 1997 comes on the District Court arraignment the above styled case. The Cherokee Nation is represented in this action by Angela Barker acting in her capacity as prosecutor and the Court being advised that efforts were made to contact A. Diane Blalock as to the date of the arraignment; and being further advised that Ms. Blalock has failed to maintain contact with the Department of Law and Justice and her phone number has been disconnected; and the Defendant, Joe Byrd appears personally with his attorney, William Bliss, to enter a plea of not guilty to the offense of diversion of Nation funds and respectfully requests a jury trial. The Undersigned District Judge announces the following orders of the Court.

IT IS ORDERED THAT the Defendant, Joe Byrd acknowledges personally without sureties his obligation to appear in court and is hereby released on his own recognizance.

IT IS FURTHER ORDERED THAT any an all Bench Warrant issued in Case No. CR-97-16 are hereby withdrawn and held aside for naught.

IT IS SO ORDERED

/S/
J.D. Littlejohn
District Court Judge

__________________

FILED:
June 4, 1997
3:10 PM
CHEROKEE NATION
DISTRICT COURT

IN THE DISTRICT COURT OF THE CHEROKEE NATION

CHEROKEE NATION
Plaintiff,

vs. CR-97-16

JOE BYRD
Defendant

ORDER SETTING ARRAIGNMENT

Now, on this 3rd day of June, 1997, the above styled and numbered cause comes on before the Court and for good cause shown, the Court finds that this cause should be set for the 27th day of June, at 10:00 o’clock A.M. for arraignment.

Tina Jordan
JUDGE FOR THE DISTRICT COURT

CERTIFICATE OF MAILING

I, Jeri Elliott certify that on the 4th day of June, 1997, a copy of the foregoing Order Setting Arraignment was mailed by first class mail to the following:

William H. Bliss
Attorney for Defendant
Joe Byrd
306 W. Choctaw
Tahlequah, OK 74464

/S/
Jeri Elliot
TEMP. DISTRICT COURT CLERK