Court rules against government in Aquash murder case November 6, 2009

Court rules against government in 1975 AIM slaying case

The Associated Press | Posted: Wednesday, November 4, 2009

A federal appeals court says it won’t review failed appeals by government prosecutors who want to try a Canadian man for a 1975 slaying on Pine Ridge Indian Reservation.

John Graham of Yukon territory is one of two men charged in federal court in the killing of Annie Mae Aquash. Prosecutors say American Indian Movement leaders suspected that Aquash was a government informant and ordered her to be killed.

A three-judge panel of the 8th U.S. Circuit Court of Appeals earlier upheld a lower court ruling that the government lacked jurisdiction on one of three counts against Graham, because neither he nor Aquash are American Indians. The 8th Circuit ruled Wednesday it would not grant a rehearing before the full appeals court.

Graham and Richard Marshall of Rapid City are charged in federal court with murder and aiding and abetting in the death of Aquash. Graham and Thelma Rios of Rapid City also face state charges of taking part in the kidnapping and killing of Aquash.

March trial date set for Thelma Rios in Aquash case November 6, 2009

March trial date set for Thelma Rios in Aquash case

The Associated Press | Posted: Wednesday, November 4, 2009

RAPID CITY — A March trial date is set in state court for one of the people charged in connection with the 1975 death of an American Indian Movement activist in western South Dakota.

Authorities say 64-year-old Thelma Rios is accused of the kidnapping and premeditated murder of Anna Mae Pictou Aquash.

Convictions on both charges carry a mandatory sentence of life in prison without parole.

Rios remains in Pennington County Jail in lieu of a $250,000 cash surety bond.

Rios and John Graham of Canada face state charges in the case.

Prosecutors have said Aquash was killed because she was a suspected government informant against AIM.

Judge: Federal defendant in AIM slaying case not entitled to state documents November 6, 2009

Judge: Federal defendant in AIM slaying case not entitled to state documents

The Associated Press | Posted: Tuesday, October 20, 2009

A judge ruled that a Canadian man charged in federal court with killing a fellow American Indian Movement activist in 1975 is not entitled to documents from state court on charges filed there.

John Graham’s lawyer argued that grand jury transcripts and an un-redacted indictment should be turned over because they are part of the evidence in the case.

But the judge disagreed, saying there are no grounds for such an order.

Graham and Richard Marshall are charged in federal court with killing or aiding the murder Annie Mae Aquash. That case is on hold. Graham is also charged in state court in Rapid City along with Thelma Rios.

Prosecutors say Aquash was killed because she was a suspected government informant against AIM.