CIVIL SUITS AGAINST DA EYE MERGER

Plaintiffs in three civil racketeering cases against the Muskogee County
district attorney, his chief of staff and drug task force members are asking
a federal judge to consolidate the cases.

The plaintiffs' attorney, Robert Haupt of Oklahoma City, stated in a court
filing that the three suits share the same federal claims, law, issues and
similar facts, and a ruling in one case would greatly affect the other two
cases.

The suits contend Muskogee County District Attorney John David Luton, his
chief investigator and chief of staff, Gary Sturm, and individual members of
the District Attorney's Drug Task Force illegally seized and sold their
property.

The suits cite Racketeer Influenced and Corrupt Organizations Act
violations, alleging defendants formed an enterprise to seize and then sell
private property without a legal order to do so.

Part of the relief sought is a federal court order requiring Luton and Sturm
to develop a policy and practice that recognizes the constitutional rights
of citizens and provides for proper and legal searches and seizures of
property.

Plaintiffs also seek their allegedly illegally seized property be returned
or that they be justly compensated for it.

Luton is out of town this week but earlier said the suits are nothing but a
smear campaign. Sturm has repeatedly refused to comment. Three suits filed

The first suit, filed in July on behalf of Muskogee mechanic Kimm Bushey and
his wife, Ruth Bushey, states Luton and Sturm are responsible for depriving
Kimm Bushey of more than $5,000 in tools illegally seized and sold although
Bushey was never charged with a crime.

The second suit, filed in October on behalf of Paul Kripp, states Luton and
Sturm are responsible for the illegal seizure of repair supplies and
machinery and trailers seized illegally near Fort Gibson and then sold. No
one was prosecuted in that case.

The third suit involves property originally belonging to Margaret Baude's
dead son, David Wayne Baude, during an illegal search. Luton's office later
sold the property.

The plaintiffs allege Luton and other defendants formed an illegal
enterprise and engaged in racketeering for the purpose of obtaining money
and property for their own use and benefit.

Baude's suit alleges that sometimes the "scheme is a 'money for justice'
scheme where defendants often trade property seized in exchange for
dismissal of criminal charges or a reduction of sentences." Judges back out

The cases have been in limbo at different times because all three federal
district judges in the U.S. Eastern District of Oklahoma, based in Muskogee,
have recused themselves from hearing the case "because of the defendants,"
Haupt's Monday filing states.

The only judge who filed a reason for recusal was U.S. District Judge Frank
Seay, who wrote he was disqualifying himself in order to avoid the
appearance of partiality or unfairness.

U.S. District Judges James H. Payne and Ronald A. White have also recused
themselves.

On March 1, the case was assigned to U.S. Western District Judge Robin J.
Cauthron of Oklahoma City. All filings and hearings are to continue to be in
federal court in Muskogee.

In October, two months before Seay got out of the case, he dismissed the
state of Oklahoma as a defendant but denied a motion to dismiss Luton,
Sturm, DA investigators Sam Taylor and Richard Morris and Drug Task Force
Field Supervisor Dick Huitt as defendants.

Seay ruled in part that he found the allegations against them sufficient to
establish an "enterprise" for purposes of federal law under the Racketeer
Influenced and Corrupt Organizations Act.