Our Freedom

Honour Anna Mae Pictou Aquash and Harriet Nahanee / Free John Graham and Leonard Peltier

“Free John Graham” spray painted everywhere August 10, 2007

Filed under: Graffiti, John Graham — ourfreedom @ 9:22 pm

free-john-graham-graff.jpg

Commercial Drive, Vancouver, Coast Salish Territory
Taken on August 5, 2007, by Ken Eisner

Residents at the Marie Gomez Look for Reprieve. Man, its so fucked up down here [Vancouver’s Downtown Eastside], I mean, obviously visually because of all the garbage, but seriously it just feels like shit is about to explode, especially with ‘Free John Graham’ and ‘Riot 2010, Why Wait?’ spray painted everywhere.

- Sean Orr, Beyond Robson, Vancouver culture blog, August 2007

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Suspect in 1975 slaying of aboriginal activist loses extradition appeal. One of the nicest guys I’ve ever met, John Graham, gets taken into custody. Its Leonard Peltier all over again.

- Sean Orr, Beyond Robson, Vancouver culture blog, June 2007

 

John Graham makes last ditch appeal to avoid extradition August 10, 2007

Filed under: John Graham — ourfreedom @ 9:15 pm

John Graham makes last ditch appeal to avoid extradition
Suspect in AIM slaying has until Sept. 25 to submit written arguments

[Notes added by Our Freedom editor to clear-up disinformation]

By Heidi Bell Gease, Journal staff
Rapid City Journal
August 10, 2007 [Prison Justice Day]

A Canadian man charged with killing American Indian Movement activist Anna Mae Pictou Aquash wants to appeal his extradition to the Supreme Court of Canada.

John Graham has filed an application seeking leave to appeal a British Columbia court’s order that he be extradited to South Dakota to stand trial for first-degree murder. Aquash, a member of Canada’s Mi’kmaq Tribe, was among the American Indian militants who occupied Wounded Knee in 1973. Her body was found on the Pine Ridge Indian Reservation in 1976. Aquash, whom some believed was a government informant, had been shot in the head. [The rumour that Anna Mae was an informant was first publicized by the FBI in the Rapid City Journal before the results of the second autopsy revealed the FBI and BIA’s attempted cover-up of Anna Mae’s murder as exposure. Some believe the rumour was started by FBI informant and Goon Squad member John Stewart.]

Another man charged in the killing, Fritz Arlo Looking Cloud, was sentenced in 2004 to life in prison after a federal jury convicted him of first-degree murder committed during a kidnapping. A federal appeals court upheld that conviction.

Witnesses at Looking Cloud’s trial testified that Graham shot Aquash [no person testified to witnessing the shooting and all testimony regarding it was hearsay], whose family exhumed her body in 2004 from her grave in Oglala and reburied it in Nova Scotia.

A Canadian judge ruled in 2005 that Graham should be extradited, and the Canadian minister of justice affirmed that decision last year. On June 26, a British Columbia court denied his appeal of that order, and Graham was taken into custody.

Graham had until July 26 to file for leave to appeal that ruling to Canada’s Supreme Court. He filed an application to do so on July 23, according to Deborah Strachan, a prosecuting attorney acting for the Attorney General of Canada on behalf of the United States.

Strachan said Graham now has until Sept. 25 to submit written arguments and documents showing he should be allowed to appeal to the Supreme Court. The government then has 30 days to respond. A panel of three Supreme Court judges will then decide whether Graham will be allowed to appeal, a process that normally takes about three months.

“To get leave, you’ve got to establish that there is an issue of national importance,” Strachan said. “In the Graham case, I don’t think there is an issue of national importance. I think that it’s essentially a factual assessment, and the Supreme Court of Canada does not substitute its opinion on the facts in a case. They’re interested in bigger legal issues.”

Strachan said that in one recent case, the issue of national importance was whether to extradite a person to Washington state, where he or she would face the death penalty. Another issue worthy of appeal might be a legal issue where several courts of appeals differ [John Graham’s lawyers say there is a difference between the BC and Ontario courts].

If the panel denies Graham’s request to appeal, he could be extradited early next year. If Graham is allowed to appeal to Canada’s Supreme Court, the case would likely continue for another year, Strachan said.

Graham remains in custody. Strachan said he could apply for bail while his application for leave is pending but that he had not done so as of Wednesday.

 

Canadian’s case highlights need to examine extradition evidence process, lawyer says August 4, 2007

Filed under: John Graham — ourfreedom @ 10:36 pm

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Graffiti in Coast Salish Territory, Vancouver, Canada

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JUSTICE: SUPREME COURT APPEAL
Canadian’s case highlights need to examine extradition evidence process, lawyer says

STEVE MERTL
The Globe and Mail
Canadian Press
August 3, 2007

VANCOUVER — A lawyer for a Canadian facing extradition to the United States on a decades-old murder charge hopes the Supreme Court of Canada will see his case as a chance to examine the way evidence is handled at extradition hearings.

The B.C. Court of Appeal upheld a lower court decision to allow Yukon resident John Graham’s extradition to South Dakota to face trial for the 1975 death of Indian activist Anna Mae Pictou Aquash.

It’s alleged Mr. Graham and Fritz Arlo Looking Cloud executed her with a single gunshot to the back of the head, allegedly on orders from the American Indian Movement, because the group believed she was an informant for the FBI.

Mr. Looking Cloud was convicted of the murder in 2004.

B.C. courts backed Mr. Graham’s extradition, despite conceding that some of the evidence against him is shaky. Lawyer Terry La Liberté said yesterday that he has filed an application for leave to appeal to Canada’s highest court.

Mr. Graham’s lawyers contend the B.C. appeal court misinterpreted Supreme Court of Canada rulings on the powers of an extradition judge.

“In a nutshell, we believe that the Extradition Act should allow a more critical examination of the allegations that an extradition partner makes,” Mr. La Liberté said .

In an extradition hearing, the requesting country states what it can prove against an accused.

“There’s very little examination to date of the strength of those assertions,” Mr. La Liberté said. “We’re really not entitled to cross-examine witnesses that are alleged to have said things or will testify to certain things.”

Extradition requires that the charge an accused is facing would be an indictable crime in Canada and that the evidence presented could lead a properly instructed jury to convict, he said.

Both the B.C. Supreme Court extradition judge and the B.C. appeal court ruled there were deficiencies in the record of the case given to the courts by U.S. officials. But in its unanimous ruling, the appeal court backed the extradition judge’s acceptance of evidence from a witness who was told by Mr. Looking Cloud that Mr. Graham pulled the trigger.

Mr. La Liberté said the points of evidence he has examined so far are full of holes.

One witness the United States says it will rely on is dead and another’s testimony before a U.S. grand jury appears at odds with what U.S. officials say is his evidence, he said.

“Perhaps with an examination, the other seven points [of evidence] were just as weak,” Mr. La Liberté said. “We don’t get disclosure here; we don’t get to test it.”

Statistically, the Supreme Court is less likely to agree to review a unanimous appeal court decision, Mr. La Liberté said.

That is why he hopes the high court will be tempted to view the case as a way to examine the extradition evidence process. “It’s an uphill battle but it’s a battle that must be fought,” he said. Other jurisdictions are giving different interpretations to the key Supreme Court case on extradition evidence, “so we think there has to be clarification.”

Mr. Graham is being held in custody, but Mr. La Liberté said he could be freed on bail if the high court grants leave to appeal.

 

Former AIM member takes extradition fight to Supreme Court August 2, 2007

Filed under: John Graham, Video — ourfreedom @ 6:42 pm

Former AIM member takes extradition fight to Supreme Court

Wednesday, August 1, 2007
CBC News

John Graham, a former American Indian Movement member who recently lost an appeal against his extradition to the U.S. to face a murder charge in the 1975 slaying of aboriginal activist Anna Mae Pictou-Aquash, is now making a last-ditch appeal to the Supreme Court to hear his case.

Lawyers for Graham, a former Yukoner who now lives in Vancouver, have asked the highest court to overturn a June 26 decision by the B.C. Court of Appeal ordering his extradition. However, there is no guarantee the Supreme Court will hear Graham’s case. His family told CBC News that Graham will remain in a detention facility on B.C.’s Lower Mainland while they wait to hear from the court.

“It could take up to three to six months before we hear anything,” daughter Naneek Graham said Tuesday. “It is frustrating having to wait and to go out to the institute to go visit him. You know, it’s really hard.”

On June 26, the court denied Graham’s appeal to overturn the extradition, allowing his extradition to the U.S. to proceed. Authorities there want him brought to South Dakota to stand trial in the murder of Pictou-Aquash, a Mi’kmaq activist from Nova Scotia.

Graham and Pictou-Aquash were part of the American Indian Movement (AIM) — members of which occupied Wounded Knee, a town on the Pine Ridge Indian Reservation in South Dakota, in a 71-day standoff over native rights in 1973.

American officials allege that Graham and another man, Arlo Looking Cloud, killed Pictou-Aquash on the Pine Ridge reservation in 1975. FBI investigators believe she was slain for being a suspected FBI informant inside AIM.

Naneek Graham said the Supreme Court’s decision could set an important precedent, since her father is not only being extradited for a murder trial, “but my dad is being extradited on hearsay evidence, so this affects everyone.

“My dad’s charter rights have been violated because of the extradition act, and I just want people to know that if they can do it to my dad, they’ll do it to you as well,” she said.

Looking Cloud, the co-defendant in the case, was convicted of first-degree murder in 2006 by a court in Rapid City, S.D.

Graham was arrested in December 2003. In 2005, the B.C. Supreme Court decided he should be sent to the United States to face the charge, and the federal justice minister issued an extradition order against him in June 2006. Graham then took his case to the B.C. Court of Appeal.

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Video interviews with Naneek Graham, daughter of John Graham:

John Graham’s Daughter Talks About Appeal

 

Robert Robideau Confronted in Vancouver August 2, 2007

Filed under: Anishinabe Nation — ourfreedom @ 6:08 pm

Robert Robideau Confronted in Vancouver

[By Lyn Highway, Anishinabe Nation, April 1, 2007]

Throughout this past week, Fire This Time Movement for Social Justice front group ‘Indigenous Rights Action Project’ has been hosting a speaking tour by Robert Robideau. Robideau is the current head of the Leonard Peltier Defense Committee. He is also one of the two others arrested on the same charges as Peltier, but were tried by a different judge and were acquitted.

Robideau has been at the forefront of the US government’s pursuit of John Graham for the murder of Anna Mae Pictou-Aquash. Graham has been living under house arrest in Vancouver since Dec. of 2003. He is appealing the Canadian court’s order to extradite him to South Dakota to face trial. One man, Arlo Looking Cloud has already been convicted and sentenced to life in prison in an extremely faulty trial.

(Some clarifications on the groups mentioned: [added later by author]

Fire This Time has a long history of distruption, abusiveness, and divisive activities in Vancouver. IRAP (Indigenous Rights and Action Project) is a front group for Fire This Time, which is not a native organization. ‘IRAP’ itself was created in reaction to ‘IROC’ (Indigenous Resistance Organizing Coalition) which organized an Anti-Canada Day feast and march last year. After Fire This Time failed in its attempts to infiltrate IROC, they formed this new group and counter organized an event at the Friendship Centre conflicting with the Anti-Canada Day event.

Also:

Robert Robideau is not the head of the LPDC, he is co-director.)

Report from: Friday March 30, 2007

On Friday March 30, Robideau spoke at a meeting at UBC. A small group (native and non-native) arrived to confront Robideau.

One Ojibwe woman walked up to where Robideau was sitting at the front of the room and spat at his feet and called him a traitor and a rat. She said to Robideau;

“You are a collaborator with the US and Canadian governments, you are a traitor to the indigenous resistance movement. You are working with the FBI and their COINTELPRO operation to undermine native resistance. You bring shame to the history of AIM, which people currently engaged in resistance rely on for inspiration. You are spreading divisiveness, suspicion and demoralization.”

The woman read out a letter Leonard Peltier submitted to support John Graham’s defense against extradition to the US.

One woman in the audience stood up and stated that she had received a letter from Peltier more recently than the statement saying, “Don’t let what happen to me happen to John Graham.”

Robideau approached the group, on two occasions, shoving one of them. Both times he was shoved back.

A man stood up and identified himself as Rex Weyler, author of the book ‘Blood of the Land.’ He confronted Robideau about his position toward Graham and Robideau stated,

“John Graham killed Anna-Mae Aquash”

Weyler pressed Robideau for evidence, and even though Robideau repeated that he did have evidence, he refused to say what it was.

Aaron Mercredi of IRAP, called security to have the four people removed, including a 10 year old girl. Security arrived, and with the support of IRAP called in the RCMP.

Four RCMP pigs stood guard around Robideau. Mercredi scrambled to prevent Robideau from further assaulting members of the audience in front of the police.

The group told security and the pigs that they were leaving, and began to exit the building. One woman who was holding the child’s hand was grappled by police and thrown up against a wall and handcuffed. The police cuffed another man and the 3rd woman and child managed to leave. Police restrained the other two, preventing them from leaving the building -threatening them with imprisonment and also threatened the woman with tazers. After the pig’s ‘investigation’ the two were released without charges. The woman’s hand was left bloody and swollen from the pig’s deliberate grating of the handcuffs.

The obvious irony of this situation is that Leonard Peltier was arrested 31 years ago by the RCMP and based on fabricated evidence presented by the FBI extradited him to the US, were he remains imprisoned to this day.

The RCMP is a violent and deadly force the colonial state uses to control and repress indigenous resistance to colonization and genocide.This group ‘Fire This Time’ did not hesistate to use the very same state apparatus that oppresses indigenous peoples and destroys our lives. They used the RCMP to defend themselves and others from simply hearing the truth, or being confronted by thier own lies and treachery.

***

Report from: Saturday March 31, 2007

After using the RCMP at UBC, Fire This Time again used the police to eject their critics –this time from the Friendship Centre. Fire This Time, along with Kelly White, used the Aboriginal Policing Liason, a member of the VPD to bar and lock out 2 native women from the Friendship Centre while Robideau spoke inside. The reason given was what had occured yesterday at UBC, even though one of the women was not at the UBC event and arrived at the Friendship Centre seperately. A small number of non-natives were also locked out of the building.

“When I arrived at the Friendship Centre, I walked into the Simon Baker Room and was immediately blocked by a large male member of Fire This Time who attempted to initimidate me and physically prevent me from entering the room. Kelly White then came up and pushed me out of the room with her gut. I called her a rat right to her face. She tried to interrogate me on my identity, but i told her i wasn’t going to talk to a known police informant -who had turned John Graham into the police. An unknown man, a friend of White’s then grabbed my wirst and tried to push me backwards. They tried to get me to say that they might let me in the room if i promised to respect the event, i said all i was going to do was hand out pamphlets, but i was under no circumstances going to respect Robert Robideau, who is a traitor to the indigenous resistance movement and actively collaborating with the FBI to destroy John Graham and his family. I also informed them that yesterday, i had left the meeting and was on my way out of the building when the police detained and assaulted me in front of my daughter.

I said, ‘ I’m not the cause of this probelm, i am bringing this problem out in the open to be dealt with.’ I’m not going to sit back and silently let a collaborator and a traitor speak unchallenged at a public meeting while John Graham is confined under his thrid year of house arrest. I also said that yesterday, Robideau openly and directly accused John Graham of murdering Anna-Mae Aquash, and that was abhorant behaviour that should not go unchallenged.

Members of Fire This Time then called security. There was a seperate event in the Gym, with the Aboriginal Policing Liason, who interfered in the Robideau event and became a self appointed bouncer, counselling the building manager on barring us from the building and locking the doors. When i and my daughter were allowed by the building manager to use the bathroom, a second VPD pig followed us to the bathroom and waited outside the door for us. I told him he must be some kind of pervert to follow a woman and her child to the bathroom.” Lyn Highway.

Fire This Time were quite happy to have the assistance of the VPD and were fully supportive of and cooperative with his interference in this Native buisness at the Native Friendship Centre. When confronted with barring natives from the Friendship Centre later that evening, Ali, the leader of Fire This Time said that being native doesn’t matter, that this is an ‘internationalist struggle.’

Members of Fire This Time and thier personal security had to be physically restrained from shoving and pushing a 6months pregnant woman when she attemted to interview Robideau on video in front of the building. Other natives were also intimidated from entering the building by the locked doors and presence of the police. Eventhough we made no attempts to re-enter the building, the VPD pig and Shannon Boondock of Fire This Time continued to lock and unlock the doors every time someone left and tried to direct people out the side doors to prevent us from distribruting our information.

***

IRAP also presented an event at Capilano College on March 28, where Wolverine challenged Robideau. Obviously they couldn’t call security on him, a traditional elder and warrior. There was also an event at the University of Victoria on the 29th, where Peltier and Graham supporters distributed leaflets in support of John Graham, and Harriet Nahanee’s support for Graham. Graham’s supporters were followed around and harrased to the point where they had to wait outside. (Harriet Nahanee recently passed away as a direct result of imprisonment for defending Eagleridge Bluffs against 2010 Olympics development. She has also been a strong supporter of John Graham and a long term and central organizer for Leonard Peltier Support in Vancouver).

Lyn Highway, April 1 2007

[Note by Our Freedom editor: In a May 2007 letter Leonard Peltier said he did not support Robert Robidideau's efforts to have John Graham railroaded into prison and that he was waiting for Robideau's resignation from his defense committee. Robideau did resign soon after this. He had also resigned from the Committee in 2004 because of its support for Graham against his extradition, but Robideau later rejoined only to exploit Peltier in order to spread disinformation around the case.]

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Leonard Peltier Letter on Robideau, Graham and Anna Mae

 

Prison Justice Day 2007 August 1, 2007

Filed under: Events — ourfreedom @ 8:29 pm

Prison Justice Day 2007: Vancouver (Coast Salish Territory)

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Click on graphic to enlarge

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Prison Justice Day 2007: Victoria (Coast Salish Territory)

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Click on graphic to enlarge

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Shawn Brant’s Bail Review on Prisoner Justice Day

Message from Tyendinaga Mohawk Territory

(Tyendinaga MT): On Friday August 10th, lawyers Peter Rosenthal & Howard Morton will be arguing a bail review for Mohawk activist Shawn Brant. Shawn was denied bail on July 5th on charges from the June 29th Aboriginal Day of Action relating to the closure of the CN main line, a provincial highway and the 401.

August 10th is also Prisoner Justice Day. The roots of Prisoner Justice Day date back to August 10th, 1975, when inmates at Millhaven Institution refused to eat or work in memory of another inmate who had died in segregation the year before. Since then it has spread nationally and internationally as a day to acknowledge those who have died inside prison walls and those who have fought for the very few basic human rights that prisoners currently have.

On August 10th, we ask people to join us at Shawn’s bail review in Napanee, Ontario to support his bid for release and to acknowledge the ongoing struggles of our sisters and brothers in institutions across the country.

BAIL REVIEW
Friday, August 10th, 2007
Superior Court of Justice Courthouse
97 Thomas Street East, Napanee
2nd Floor Courtroom

Driving Directions from Toronto:

1. Drive HWY-401 east past Belleville, and Tyendinaga Mohawk Territory (approx 2 hours from Toronto).
2. Exit 579 towards NAPANEE.
3. Turn LEFT onto PROVINCIAL ROUTE 41 / CENTRE ST N.
4. Turn LEFT onto THOMAS ST E.
5. Superior Court is at 97 Thomas Street East.

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PrisonJustice.ca

 

The Life and Death of Anna Mae August 1, 2007

Filed under: Pine Ridge Reign of Terror — ourfreedom @ 7:14 pm

The Life and Death of Anna Mae

by Our Freedom editor, August 2007

“The Life and Death of Anna Mae Aquash”, a book by Johanna Brand, is one of the best sources of information on the context of Anna Mae Pictou Aquash’s murder and her life’s struggle.

The book shows that Anna Mae was a national leader of the American Indian Movement and a brave, fully-committed warrior, not merely a victim or a ‘friend’ of people in AIM, as US government prosecutor James McMahon tried to portray her in Arlo Looking Cloud’s trial.

Brand explains that Anna Mae did not at all fit the profile of an FBI infiltrator or informer and that rumours about her to that effect were thought by some AIM members to have been started by a real FBI informer, infiltrator, and Goon Squad member, John Stewart.

“Whatever the accusation against her Anna Mae never acted according to the usual informer pattern, ” wrote Brand. “It was more common for a spy to be an unobtrusive person on the periphery of AIM or, if active, a disruptive force. Anna Mae Aquash was neither; the work she did undoubtedly benefited AIM and the accusations against her were based entirely on speculation.”

Brand also describes in detail the FBI and Bureau of Indian Affairs’ attempt to cover up the cause of Anna Mae’s death as “exposure” and later blame her murder on AIM.

“…On March 11 [1976], before the results of the second autopsy were known, a story appeared in the Rapid City Journal, captioned ‘FBI Denies AIM Implication That Aquash Was Informant,’” wrote Brand. “In this way the Bureau, responding publicly to charges that AIM had not made public, set the stage for its interpretation of a murder that had not yet been officially discovered.”

As Brand’s book and many other sources make clear, the FBI and the Goon Squad they supported are more likely responsible for Anna Mae’s murder than AIM.

In her book, Brand wrote that one of the BIA cops who was present when Anna Mae’s body was found was Paul Herman. Goon Squad member Duane Brewer admitted in an interview with reporter Kevin McKiernan that there was strong evidence linking Herman to Anna Mae’s murder, according to Ward Churchill’s essay “Death Squads in the United States”, based on the interview. Herman later pleaded guilty to “voluntary manslaughter” after murdering and torturing 15-year-old Sandra Wounded Foot and was sentenced to only 10 years in prison, and likely served less time than that.

Another BIA cop Brand says was there when Anna Mae’s body was found was Glenn Littlebird, who had also worked with Bob Ecoffey and FBI agents Coler and Williams when they went to the Jumping Bull area of the Pine Ridge reservation the day before the infamous June 26 shoot-out of 1975. Ecoffey also took part in the shoot-out, testified against Leonard Peltier during his frame-up trial for murdering the FBI agents, and worked with the FBI in the 1990s to frame-up Arlo Looking Cloud and John Graham for the murder of Anna Mae Pictou Aquash. Ecoffey repeated a story at Looking Cloud’s trial, that he had told a Canadian “Fifth Estate” TV reporter previously, about Anna Mae being brought up to a fence before she was killed and that Looking Cloud had said that she knew then what was going to happen to her. In the same trial, the rancher who found Anna Mae’s body said there was no fence there at the time.

(It’s worth noting that Ward Churchill was involved in a 1999 press conference, alongside Russell Means and Robert Branscombe, calling for the Arlo Looking Cloud and John Graham’s arrest)

Incident at Oglala - The Indian Wars Continue

Video clip from Kevin McKiernan’s interview with Goon Squad member

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Graffiti in Coast Salish Territory, Vancouver, Canada

 

 

my kind of freedom, not their kind August 1, 2007

Filed under: Anna Mae Pictou Aquash — ourfreedom @ 6:34 pm

“They offered me my freedom and money if I’d testify the way they wanted. I have those two choices now. I chose my kind of freedom, not their kind, even if I have to die. They let me go because they are sure I’ll lead them to Peltier. They’re watching me. I don’t hear them or see them, but I know they’re out there somewhere. I can feel it.”

- Anna Mae Pictou Aquash, Warrior of the Mi’kmaq Nation and the American Indian Movement, responding to her arrest and interrogation by agents of the Federal Bureau of Investigation (FBI) of the United States government after a September 1975 raid of the Rosebud reservation (Lakota Nation) in South Dakota

Quoted by Mary Crow Dog and Richard Erdoes in the book “Lakota Woman”.

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