Prosecutors drop federal charges against John Graham, but state charges remain

Federal prosecutors waited until the last minute, a February 3 deadline, to file a motion requesting the dismissal of the federal charges against John Graham, saying it would serve the best interests of justice. Judge Lawrence Piersol granted the motion, but Graham still faces newer state charges and a trial date of July 6, 2010. According to the corporate press, Graham’s co-accused Thelma Rios has had her case seperated from Graham’s and will have a different trial with a different judge. She is out on bond.

Richard Marshall, formerly Graham’s co-accused on the federal charges, is still expected to go to trial on February 16.

Graham’s lawyer in the federal case, John Murphy, who hasn’t been appointed yet as Graham’s state lawyer, had this to say in the corporate press:

“Twice before, charges brought by the government were dismissed. Twice before, the government waited until the last possible moment to appeal those dismissals. The government lost both appeals[...] After losing both appeals, the government waited for months before asking the Court of Appeals to reconsider its prior rulings. The Court refused to reconsider its prior rulings.”

Court documents:

http://grahamdefense.org/courtdocs/index.htm

Posted by: ourfreedom | September 14, 2009

Graham & Rios indicted by Pennington County Grand Jury

Photo by breaksocialcontrol, Coast Salish Territory, Vancouver, October 2008

Photo by" break social control", Coast Salish Territory, Vancouver, October 2008

Direct link to latest documents for case (updated September 11, 2009)

http://grahamdefense.org/courtdocs/index.htm

Posted by: ourfreedom | September 14, 2009

Info update and letter writing event for John Graham in Vancouver

Info update and letter writing event for John Graham in Vancouver

On September 6, 2009, there was a public event held in Vancouver with an legal info update on John Graham’s case. Questions about the case were answered and letter writing material was provided and used to send to John. The event was also intended to support “Shark” Joseph Romandia but he had already been released from prison.

8th Circuit Decision
US v. Graham (July 28, 2009):

http://www.ca8.uscourts.gov/opndir/09/07/083580P.pdf

Posted by: ourfreedom | May 24, 2009

Free Shark! Free Peltier! Free John Graham!

“FREE SHARK! FREE PELTIER! FREE JOHN GRAHAM! FREE MAPUCHE WARRIORS! FREE WARRIORS OF ATENCO & OAXACA! FREE JACABO & GLORIA! FREE MUMIA! DROP ALL CHARGES ON POCC MOI JR. VALARY!” [...]

- NATIVE YOUTH MOVEMENT, May 24, 2009, “NYM Warrior arrested and held on 7 year old charges for Defending the Land!”

Click here to read the whole statement from NYM about Shark’s arrest

Posted by: ourfreedom | May 7, 2009

Free John Graham Graffiti in Vancouver, May 6, 2009

Photo taken in Vancouver, Coast Salish Territory, May 6, 2009

John Graham’s lawyer asks for trial to proceed on May 12

A judge has called for a hearing on Tuesday, May 5, on whether to split John Graham and Richard Marshall’s trials, but Graham’s lawyer is asking for his client’s trial to proceed on May 12 either way. Graham’s lawyer has also asked for counts one and two against Graham to be severed from count three, which the same judge earlier dismissed. The government has appealed the dismissal.

“Considering the likelihood that the charges against Graham in Counts I and II of the Superseding Indictment will need to be dismissed at trial, counsel should be prepared on next Tuesday afternoon to argue whether or not the decision to deny a severance of the trials should be revisited, with the trial of Richard Marshall to proceed first.”

- Judge Lawrence L. Piersol

“We may not know and be able to prove beyond a reasonable doubt who actually pulled the trigger.”

- Government Attorney Marty Jackley, arguments to 8th Circuit Court of Appeals on April 15, 2009

Graham’s lawyer:

http://grahamdefense.org/courtdocs/333-16511080711.pdf

Judge Piersol’s order:

http://grahamdefense.org/courtdocs/304-16511079159.pdf

Posted by: ourfreedom | May 2, 2009

Free John Graham publication

Free John Graham publication

fjg-smallClick on graphic to open PDF file for viewing and printing

Posted by: ourfreedom | April 30, 2009

Freedom Now

Freedom Now

Posted By: Larry Wartels
mondaymag.com
Victoria, BC
April 29, 2009

The continuing struggles for justice for Leonard Peltier and John Graham

A stirring mural of John Graham was painted two years ago on the wall of Wildfire Bakery. It has now vanished with his freedom. But we are very grateful to Wildfire for allowing the talented muralist Alex Caverly to paint it in the first place.

Who are Leonard Peltier and John Graham? Peltier is a Lakota Sioux from North Dakota; Graham is a Tutchone First Nation from the Yukon. Both were extradited from British Columbia on false and hearsay “evidence,” Peltier in 1975 and Graham in 2007. The well-established-as-innocent Peltier is now 32 years into two life sentences for murdering federal agents. Graham is awaiting trial in South Dakota on May 12, 2009, for being an accessory to the murder of Anna Mae Aquash of Nova Scotia. (South Dakota is also where Peltier was falsely convicted.) Terrence LaLiberte, Queen’s Counsel, Graham’s Canadian lawyer, said: “In Canada, I’d drive a truck through the holes in this case.” Dr. Jennifer Wade, retired UBC English professor and cofounder of Amnesty International B.C., emphatically asserts Graham’s innocence.

The real reason for these persecutions? Many feel it is because Graham and Peltier worked with Anna Mae Aquash and the American Indian Movement to stop coal and uranium mining in the U.S. midwest and Saskatchewan, standing up to huge conglomerates, who wanted these courageous resisters out of the way. To find out more, watch Robert Redford’s Incident at Oglala: The Leonard Peltier Story, which is free online at freepeltiernow.org, and the short John Graham documentary, Burdened by Murder: A Fight for Justice, can be seen at grahamdefense.org, also for free.

In any other country, we would hear about the injustices of such people in our media. But people and organizations around the world—including the Dalai Lama, Nelson Mandela, Bishop Desmond Tutu and the European Parliament—have demanded justice and freedom for Graham and Peltier. And many people in Canada are trying to prevent a repeat of the travesty trial that put Peltier in prison in the first place.

There is also a letter-writing campaign for both, which urges U.S. President Obama to grant executive clemency to Peltier by the 2010 Olympics, and urges minister of indian affairs Chuck Strahl to use his authority to ensure that Graham’s trial is fair. The letter-writing campaign links can be found at grahamdefense.org/update.htm and freepeltiernow.org/legal/clemency.htm, if you feel like helping free Leonard Peltier and ensuring justice for John Graham.

As a closing thought, let us consider the words of Eugene Debs (1855-1926), an American labour and political leader, and, under the banner of the Socialist Party of America, a candidate for U.S. President. Debs was arrested under the Espionage Act of 1917, however, for making a speech on June 16, 1918 opposing World War I. He was then convicted and sentenced to 10 years in prison, and disenfranchised for life—even though American president Warren G. Harding commuted his sentence in 1921. (While in prison, Debs received over 900,000 votes for president in 1920—the highest ever for a socialist candidate.) But at his sentencing hearing in 1919, Debs said these words, which resonate today:

“Years ago I recognized my kinship with all living things, and I made up my mind that I was not one bit better than the meanest on the Earth. I said then and I say now, that while there is a lower class, I am in it; while there is a criminal element, I am of it; while there is a soul in prison, I am not free.”

Larry Wartels is a local activist who believes freedom has no politics. He also volunteers for criticalresistance.org, a prison-abolition organization founded by Angela Davis. E-mail freeusall1[at]gmail.com for more information.

Posted by: ourfreedom | April 16, 2009

8th Circuit Indian status appeal in Aquash case

Government Attorney Marty Jackley admitted during arguments before the 8th Circuit Court of Appeals on April 15, 2009, that the government might not be able to prove who pulled the trigger in the murder of Anna Mae Pictou Aquash.

You can listen online or download an MP3 of the oral arguments here.

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