Osage Nation schedules first criminal jury trial for May
- Cherokee 411 Staff
- 4 days ago
- 4 min read
Staff Report-Cherokee 411
PAWHUSKA, Okla. — The Osage Nation is scheduled to hold its first criminal jury trial May 11–13 in a misdemeanor battery case against Amanda Sue Proctor, according to court records.
Proctor, who is running for principal chief under her married name, Goodeagle, is charged with one count of battery in connection with an alleged incident involving Brooklyn Kemble during the Osage Nation Sovereignty Day Celebration Dance in 2024. The case is titled Osage Nation vs. Amanda Sue Proctor.
The Osage Nation Attorney General’s Office filed the charge on June 14, 2024. Kemble previously sought a protective order against Proctor on April 5, 2024. That request remains pending in tribal court, contingent on the outcome of the criminal case.
The Nation’s complaint alleges Proctor struck Kemble on her right arm following the Senior Women’s Cloth Dance contest. Proctor has denied the allegation, saying the incident occurred on an overcrowded dance floor and that she accidentally bumped into Kemble.
Proctor is represented by Ponca City-based attorneys Tom C. Lane Sr., Carolyn Miller, Grace Yates and Richard A. Johnson. The Osage Nation is represented by Eugene Bertman, an outside attorney who also represents the Osage Nation Gaming Commission.
The case is being presided over by Lee Stout, who has issued a gag order restricting public comment by parties involved in the case.
Osage Nation Jury selection process
The trial will mark the first time the Osage Nation conducts a criminal jury trial under its current court system.
Judge Stout said the Osage Nation Trial Court will use jury selection software to assemble a pool of potential jurors. Court staff are scheduled to receive training on the system prior to jury selection.
Under Osage Nation law, criminal juries consist of six members, with one alternate juror if deemed necessary by the court.
Jurors must be at least 18 years old, have no felony convictions, and meet one of several eligibility requirements, including being Osage Nation citizens living within 75 miles of the Osage Nation Court in Pawhuska, residents of the Nation’s three villages or Osage housing, or employees of the Osage Nation or its enterprises who have worked at least one year prior to being summoned.
Elected officials are exempt from jury service during their terms. Prospective jurors may also be excused for good cause under oath.
Fifty names will be randomly selected for the jury pool, and summonses will be issued by the court. Individuals who fail to appear after receiving proper notice may be subject to contempt of court.
Initial questioning of prospective jurors will be conducted by the judge to determine whether they can remain fair and impartial. Attorneys for both sides may also question jurors unless the court finds such examination improper.
Evidence and pretrial rulings
According to a probable cause affidavit filed by Osage Nation Police Department Officer Ryan Reed, surveillance footage from the event shows Proctor extending her right arm as she passed Kemble in a handshake line, after which Kemble’s body appeared to shift backward.
The affidavit states Kemble immediately turned toward Proctor and later spoke to a nearby individual while pointing in Proctor’s direction.
Proctor disputes that characterization and maintains there was no intentional contact.
At an Aug. 7 hearing, Judge Stout denied defense motions to dismiss the case and to require the Nation to show cause for prosecution, ruling that a signed written complaint by the alleged victim was sufficient to proceed.
The judge also quashed a defense subpoena seeking testimony from Osage Nation Attorney General Clint Patterson, ruling that Patterson had the authority to retain outside counsel and that the subpoena was improper.
Judge Stout granted a defense motion requiring prosecutors to provide additional video footage related to the alleged incident, including any material in the possession of the Osage Nation executive office or police department. The court ordered that all video and photographic evidence held by the prosecution be disclosed to the defense.
The judge emphasized the case has been pending for more than a year and said both parties are entitled to a speedy trial. He also said the proceedings should remain focused on the alleged battery rather than unrelated matters.
Potential penalties
Battery is classified as a misdemeanor under Osage Nation law. A conviction carries a potential sentence of up to one year in tribal jail, a fine of up to $5,000, or both.
A pretrial hearing is scheduled for Nov. 6 at 1:30 p.m. Proctor has requested a jury trial, which, if conducted as planned, will be the first in Osage Nation criminal court history.
Separate congressional action
In a separate matter, Osage Nation Congresswoman Maria Whitehorn filed a congressional resolution on Aug. 25 expressing a loss of confidence in Attorney General Patterson. The resolution addresses allegations related to membership issues and questions regarding Patterson’s qualifications under Osage law.
Congressional resolutions are not legally binding and do not compel resignation. The matter is unrelated to the criminal case against Proctor.
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