Benefit concert in Victoria (Coast Salish Territory), BC, Canada
Free John Graham / Red on White December 18, 2008
Taken on December 11, 2008, on Coast Salish Territory, Vancouver, Canada
From the Free John Graham photo group at flickr.com
John Graham’s lawyer wants more jury challenges December 18, 2008
AIM slaying defendant wants more jury challenges
Dec 16 2008
Associated Press
SIOUX FALLS, S.D. (AP) One of the men set to stand trial in February for the 1975 slaying of a woman on the Pine Ridge Indian Reservation wants more juror challenges.
John Graham and Richard Marshall have pleaded not guilty to charges they committed or aided and abetted the murder of Annie Mae Aquash (AH’-kwash).
Graham’s lawyer said because of the extensive coverage of the killing in the media, books, television, movies and the Internet, each defendant should be allowed 15 peremptory challenges used to pick a jury.
Other issues likely to come up that could influence jurors include the 1973 occupation of Wounded Knee, the murder of two FBI agents, and the alleged membership of those involved with the American Indian Movement.
Both men also have different defense theories.
Prosecutors fight to have AIM shooting defendants tried together December 18, 2008
Prosecutors fight to have AIM shooting defendants to be tried together
By Rapid City Journal staff | Monday, December 15, 2008
Federal prosecutors are opposing defense attorneys’ requests to hold separate trials for John Graham and Richard Marshall, both charged with the 1975 slaying of American Indian Activist Annie Mae Aquash.
Attorneys for Graham and Marshall have filed motions in U.S. District Court asking that their clients be tried separately. Each says a joint trial would be prejudicial to his client.
Graham’s attorney, John Murphy, argued that his client had a right to confront his accuser, referencing an alleged statement in which Marshall implicated himself and Graham. Marshall’s attorney, Dana Hanna, cited conflicting theories of defense and concerns that his client would be considered guilty by association.
U.S. Attorney Marty Jackley filed a memorandum on Friday opposing the motions. He said Graham and Marshall should be tried together because a joint trial is more efficient and they were jointly indicted on similar evidence from the same series of events.
Jackley also argued that neither defendant made statements to law enforcement that sufficiently implicated the other.
No ruling has been made. Marshall and Graham are scheduled for trial Feb. 24 in Rapid City.
Freedom for Mumia, Leonard Peltier and John Graham! December 18, 2008
“I lift my voice together with all the other voices from México demanding Freedom for Mumia Abu-Jamal! Freedom, as well, for Leonard Peltier and John Graham of the American Indian Movement [...]“
- An open letter from Mexican political prisoner Gloria Arenas read at solidarity actions in Mexico City on December 6 in the zócal and December 9 at the U.S. embassy
http://www.indybay.org/newsitems/2008/12/14/18554888.php
————————————————————————————————————————————————-
“Uno mi voz a las voces que desde México exigimos ¡Libertad para Mumia Abu-Jamal! Libertad también para Leonard Peltier, y John Graham del Movimiento Indígena Americano [...]“
- Mensaje de la presa política mexicana Gloria Arenas leído en acciones de solidaridad en la Ciudad de México el 6 de diciembre en el zócalo y el 9 de diciembre ante la embajada EU
AIM slaying defense can see report of 3rd man December 5, 2008
1975 AIM slaying defense can see report of 3rd man
Associated Press
Published Thursday, December 04, 2008
SIOUX FALLS, S.D. (AP) — Two men charged with killing a woman in 1975 on the Pine Ridge Indian Reservation will be allowed to view parts of the presentence report of the third defendant, a federal magistrate ruled.
John Graham and Richard Marshall are scheduled to stand trial starting Feb. 24 in Rapid City on charges they committed or aided and abetted the first-degree murder of Annie Mae Aquash.
Arlo Looking Cloud was convicted in 2004 for his role and sentenced to life in prison.
They were all members of the American Indian Movement.
Defense lawyers for Graham and Marshall argued that Looking Cloud has a history of and treatment for mental disorders and alcohol and drug abuse, as well as a criminal past.
Attorneys John Murphy and Dana Hanna argued that such a background could affect Looking Cloud’s ability to recall details, so they should be allowed to see his presentence investigation report to determine if any information in it challenges his credibility since he’s expected to testify against their clients.
U.S. Attorney Marty Jackley and Assistant U.S. Attorney Bob Mandel wrote in their response that the government isn’t opposed to allowing the defense lawyers to view the document in the presence of the judge but were opposed to turning it over to them.
The report is confidential and contains nothing that must be provided to the defense under the rules of evidence, they wrote.
But, U.S. Magistrate Judge Veronica Duffy ruled that Graham and Marshall are entitled to the parts of Looking Cloud’s report that could challenge his credibility.
She ordered prosecutors to provide to the defense lawyers the relevant sections, including those that describe his criminal, mental health and substance abuse history, and any other facts that affect his ability to recall events.
However, the attorneys are not to share the contents of the report with anyone else, make copies of it, use it for cross-examination of any witness other than Looking Cloud, and return everything after he testifies.
“Mr. Looking Cloud may very well be a pivotal witness in the government’s case. The court concludes that Looking Cloud’s reliability as a witness may indeed be determinative of the guilt or innocence of Mr. Graham and Mr. Marshall,” Duffy wrote.
Graham is a Canadian citizen from the Yukon. Aquash was a Canadian citizen from Nova Scotia.
