Key charge dismissed in 1975 slaying of Canadian activist
The Canadian Press
April 30, 2009
SIOUX FALLS, S.D. — A judge in South Dakota has dismissed a key charge against one of two men accused in the 1975 slaying of a Canadian woman active in the American Indian Movement.
A hearing is now scheduled for Tuesday on whether the men should be tried separately.
John Graham and Richard Marshall are scheduled to stand trial May 12 in Rapid City on charges they committed or aided and abetted the murder of Annie Mae Aquash, of Nova Scotia.
U.S. District Court Judge Lawrence Piersol dismissed one of three counts against Graham because he and Aquash did not belong to American Indian tribes when she was killed.
The judge says if prosecutors can’t prove to jurors that either Graham or Aquash was part Indian, the other two remaining charges against Graham will likely be dismissed, though he could be tried in state court.
