Spokeswoman: Capobiancos in Oklahoma, press conference set for Wednesday morning

TULSA, Okla. (WCIV) - The spokeswoman for Matt and Melanie Capobianco announced Tuesday night that the couple had traveled to Oklahoma earlier in the day and would be holding a press conference on Wednesday.{}

According to Jessica Munday, she, the Capobiancos, and Troy Dunn would address the media at the Hyatt Regency Hotel in Tulsa, Okla. Dunn is a nationally recognized adoption reunion facilitator, Munday said.

"As promised by the Capobiancos, they have traveled to Oklahoma in hopes of seeing their daughter and bringing her home. They will discuss where they are in that process and we will update press regarding legal efforts," Munday's statement read.

As the Capobiancos are set to talk about the search for their adoptive daughter, a family court judge is set to hear yet another adoption hearing for Veronica. Brown's attorneys requested the Wednesday hearing in the dispute after a judge finalized the adoption last month.

Earlier Tuesday evening, Oklahoma Gov. Mary Fallin decided to wait until a Sept. 12 court date before acting on South Carolina Gov. Nikki Haley's rendition warrant for Dusten Brown.

Fallin has 90 days to review the request from Haley and act.

"As a mother, my heart goes out to Veronica, who has been placed in a terrible situation. I can also imagine the pain that both her adopted and biological parents are feeling," Fallin said in a statement.

Fallin said that her office would continue to review the rendition order from Haley and would sign it if it "adhered to the letter and spirit of the law."

Haley's spokesman, Doug Mayer, responded Tuesday evening, calling the entire saga a difficult and sad situation for everyone involved.

"Regardless of the varying personal opinions on this case, it is every governor's first priority to uphold the rule of law and that is what must happen here," Mayer said, adding that the highest courts in South Carolina and the United States have ruled on the case and have determined that Veronica needs to return to the Lowcountry.

"My hope, however, continues to be that sending Mr. Brown to face criminal charges in South Carolina is unnecessary," she said.{}

Fallin said Brown elected to contest the legality of his arrest in Sequoyah County, and Fallin believes that Brown should have the right to argue that case as it was scheduled.

However, Fallin urged both sides to find some form of reconciliation.

"To be clear, the legal system cannot deliver a happy ending in this case. Only Mr. Brown and the Capobianco family can do that. For Veronica's sake, I urge them to reconcile and to come to an agreement that best serves their child and grants all parties some measure of peace."

That means a month-long waiting game begins in Oklahoma -- and 1,100 miles away on James Island.

Brown is wanted by Charleston County, S.C., deputies for not returning his 3-year-old biological daughter to her adoptive parents last week. The order for Brown to return Veronica came after no one appeared at a court-ordered visitation between the adoptive couple, Brown and Veronica.

An arrest warrant was issued and Brown made arrangements to surrender to authorities on Sunday, but failed to show.

He was then supposed to appear before a Cherokee Nation tribal court hearing on Monday, but failed to appear there, instead turning up in nearby Sequoyah County to surrender to deputies.

His legal team managed to move him through bond court and have him released on a $10,000 personal recognizance bond in about an hour Monday morning.

Charleston County Sheriff Al Cannon said Brown was working outside the law, furthering his case for a felony.

"His actions are only digging his hole deeper," Cannon said in a press conference Monday afternoon.

Brown had been charged with custodial interference and was considered a fugitive until he turned himself in and posted bail. He has a second court hearing on Sept. 12.

Sequoyah County officials said Brown would be extradited back to South Carolina as soon as South Carolina submitted a governor's warrant and Oklahoma's governor accepted it.

Brown has retained the services of Clark Brewster, an attorney who says he is just starting to review the case but believed it was premature for federal and state authorities to get involved with the custody dispute.

Brewster said Monday that the adoption was not final in South Carolina because of motions to reconsider were under review.

Brewster met with Brown for the first time Tuesday.

"Well, we're in Oklahoma. We have Mr. Brown here. His daughter is here. And we will see what the Oklahoma court tells us should be done in connection with that extradition," Brewster said Tuesday after meeting with Brown.

Brewster said his office had not yet been in contact with Fallin's office or Oklahoma's attorney general in regards to the case, adding that right now he was working with the courts and the tribe.

"This is a loving father and a daughter that's bonded very closely with him," he said.

Brewster said this case ultimately comes down to the best interests of Veronica and he believes that anyone who sees Veronica with Brown will side with Brown.

"Who would have thought that South Carolina would have charged him with a crime?" Brewster said.

Matt and Melanie Capobianco spoke out again Monday, this time with much tougher words for Brown and law enforcement. Matt Capobianco warned that he would board a plane for Oklahoma Monday evening if authorities did not step in and capture Brown.

"No more delays. No more excuses. Our daughter has been kidnapped and I expect the situation to be treated as such," he said. "Veronica, you daddy's coming."

Brown and the Cherokee Nation have been battling South Carolina's order to hand Veronica over to the Capobiancos since the South Carolina Supreme Court directed a Charleston family court to finalize the adoption.

Before Monday, Brown told a Tulsa newspaper that he would comply with court orders.

Brown gained custody of Veronica after the South Carolina Supreme Court ruled that he had a prevailing right to claim custody based on the Indian Child Welfare Act. She was removed from the Capobiancos' James Island home on Dec. 31, 2011.

Since then, she has been living in Oklahoma while her adoptive parents and birth mother fight to regain custody.

The U.S. Supreme Court in June ruled that Brown's ICWA-based argument was in error and ordered the lower court that had initially sided with him to reconsider their ruling without the consideration of the child protection law.

That's when the state Supreme Court decided that the Capobiancos should have custody of Veronica and urged family court to make final their adoption request.

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