Multiple Rogers County Court Cases Could Be Dismissed Due To Supreme Court Ruling On Tribal Jurisdiction

As many as 36 people awaiting trial in Rogers County could see their cases dismissed for good on Thursday, and prosecutors worry that means victims won't get justice.

After the Supreme Court ruling on tribal jurisdiction, the state courts no longer have the authority to prosecute them and tribal or federal authorities could, but haven't yet taken the cases.

The people in question have charges including burglary, stalking, lewd molestation, domestic assault and more.

The cases all involve native citizens who, because of an appeals court ruling in the Travis Hogner case, can now only be prosecuted by federal or tribal courts. Hogner, who is serving a 50 year sentence for weapons charges, is due for release as well. 

"He has absolutely not paid his debt. This is a person with a lifetime of violent crimes: domestic violence, assaulting police officers, breaking into houses. Finally we put him in prison with a 50 year sentence, we thought he was off the streets for good, and it turns out he will walk out," said District Attorney Matt Ballard.

Ballard said they hope the tribes and the U.S. Attorney's Office can take on some of the cases.

"We are prepared for a number of cases to be dismissed. We think--we hope--the tribes and U.S. Attorney's Office can pick up some of those, but we know Mr. Hogner won't be alone. There will be many people who should be in prison who are going to be released as a result of this," Ballard stated.

Tribal and federal authorities said they are reviewing all cases, not just those in Rogers County, for potential prosecution. When the appeals court ruled, the Acting US Attorney for the Northern District Clint Johnson said cases would either be referred to the Cherokee Nation or accepted for federal prosecution.

A Cherokee Nation spokesperson said Monday at least 400 cases had been re-filed by tribal courts across the Cherokee Reservation.

Last month, a Rogers County judge dismissed state charges against approximately 150 in-custody defendants, but stayed the ruling for 30 days.

A hearing to finalize the decision is Thursday. Unless tribal or federal authorities intervene on all of the cases, some will go free instead of standing trial.