Levi Rickert, editor-in-chief in Native Briefs. Discussion »
CHARLESTON, SOUTH CAROLINA The two state governors who has signed extradition orders for Cherokee father Dusten Brown to sent to South Carolina have dropped the orders Wednesday.
However, the felony criminal charge of custodial interference has not been dismissed in South Carolina, according to Rob Nigh, attorney with Brewster & DeAnelis Law Office, based in Tulsa, Oklahoma, who spoke by telephone with the Native News Network this afternoon.
“We are pleased that Governor Haley has withdrawn her request for extradition and see this as a step in the right direction for all involved.”
Said Todd Hembree, Cherokee Nation Attorney General, told to Native News Network by email.
Dusten Brown was scheduled to appear tomorrow, Thursday, October 3, in an Oklahoma county court to face extradition to South Carolina.
Brown was charged in August with the custodial interference charge after he failed to transfer his biological daughter Veronica to the non-Native adoptive couple in South Carolina.
After the charges were filed, South Carolina Governor Nikki Healy signed an extradition order to have Brown sent to South Carolina from Oklahoma where he resides.
Oklahoma Governor Mary Fallin signed the extradition order after she felt Brown failed to allow the non-Native adoptive couple visitations with Veronica, which really was not true.
Veronica has been the center of a highly contested custody battle that resulted in the transfer last week Monday in the transfer of Veronica.
“People need to remember Dusten gained custody of Veronica when a South Carolina family court granted him custody. He simply exhausted all legal options in Oklahoma before the transfer,”
“So, under those circumstances, we maintain he never unlawfully had custody of Veronica.”
At this hour Dusten Brown was still unsure of whether or not he would have to appear in court tomorrow morning.
posted October 2, 2013 7:30 pm edt