Tulsa District Attorney Addresses Tribal Jurisdiction Ruling Impact In Town Hall

Tulsa County District Attorney Steve Kunzweiler held a town hall Wednesday night to explain the impact of the Supreme Court ruling on tribal jurisdiction.

Wednesday, March 31st 2021, 9:57 pm



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Tulsa County District Attorney Steve Kunzweiler held a town hall Wednesday night to explain the impact of the Supreme Court ruling on tribal jurisdiction.

That ruling affects countless court cases, leading to retrials, or in some cases, people convicted of crimes going free.

The meeting was about more than just an explanation of the ruling and how it impacts the legal system, this was a call to action for anyone concerned about tribal, state, and federal justice.

Related Story: Tulsa District Attorney, Victims Seek Clarity On Tribal Jurisdiction Ruling: ‘It Affects Every Single Oklahoman’

"This isn't just a DA complaining about a change in what he has to do, that's neither here nor there. I want people to be protected," said Kunzweiler.

Kunzweiler broke down the impacts of the ruling in front of a crowd of about 50 people. Many of them were carrying signs concerning the Kimberly Graham case.

In 2007 Graham was convicted in state court for DUI that killed five people.

She was sentenced to 107 years in prison, but now after only 13 years, her case could be dismissed, and she could walk free.

Related Story: Victims Feel ‘Cheated Of Justice’ As Woman Convicted Of Killing 5 Could Be Released

Kunzweiler said justice may not be served in this, and potentially dozens of other past and future cases where the state loses jurisdiction, and tribal and federal courts are unable to pick up the case.

Kunzweiler said the issue isn't going away and that enough is enough. He said contacting your state and tribal representatives is the best thing you can do to change the law.

"They need to hear from you. They need to listen to you and hear your voices," he said.

The Cherokee Nation issued a statement in response, saying it's doing everything it can to help victims and their families.

"This situation is the result of over a century of misapplied criminal law that is finally being rectified," the statement read. "In some cases, it may not be a simple process."

You can read the full statement below.

“First and foremost, the victims and their families in these cases have our full support. We understand that this process is painful to revisit, and the Cherokee Nation remains in close contact with victims of cases falling under our jurisdiction to ensure we are doing everything we can to fight for justice. We've also increased funding for victim support services so that no one is left without the help they may need.
Following the McGirt decision and in preparation for the OCCA's ruling and subsequent case dismissals this month, we have been expanding our court capacity and budget, and updated our criminal code to ensure jurisdiction transitions go as smoothly as possible. We have already refiled more than 400 of these dismissed cases in tribal courts, and are working closely alongside our federal partners as they do the same. We want our citizens and all of our neighbors in Oklahoma to feel protected, and no one should fear a surge of violent criminals suddenly running free.
We also recognize that this situation is the result of over a century of misapplied criminal law that is finally being rectified, and that with some cases it may not be a simple process. In some cases, due to restrictions on our own prosecutorial authority in tribal courts, as well as the federal government's limited resources and the statute of limitations, resentencing may not be possible. While these make up only a small minority of cases, it is not fair that the victims are put in this situation through no fault of their own. We understand there is more work to be done and are doing everything we can with our federal and state partners to improve the system so that these unacceptable gaps in jurisdiction no longer exist. Tribes, the federal government, the Oklahoma Legislature and our state agencies must be working closely to make clear that our shared priority is keeping the public safe.” – Cherokee Nation Attorney General Sara Hill




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