Our Freedom

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

Freedom Now April 30, 2009

Filed under: Graffiti, John Graham — ourfreedom @ 9:06 pm

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.

 

John Graham: Injusto Caso de Extradición September 23, 2008

Filed under: Español, John Graham — ourfreedom @ 11:57 pm

John Graham es un guerrero indígena de la nación Tutchone de Norteamérica (Canadá) y es ahora un preso de la guerra colonial en los Estados Unidos de América. Él es también el objetivo de un montaje gobierno y policía federal (FBI) para el asesinato de Anna Mae Pictou Aquash, una guerrera en el American Indian Movement en los años setenta. Más que 60 personas indígenas fueron matadas en la reservación Pine Ridge de la nación Lakota por escuadrones de la muerte de gobierno-apoyó en los años setenta. Lo jucio fijan para el 6 de octubre de 2008. Aquí está el fondo del caso, antes de que el suyo fuera obtenido la extradición en diciembre de 2007.

* * *

John Graham: Injusto Caso de Extradición

Por Myriam Hernández
Conexión Latina, Primavera 2005, Vancouver, Canadá

Actualmente John Graham vive en riesgo de ser extraditado para los Estados Unidos de Norteamérica en donde la esperaría un jucio en su contra. El FBI lo acusa de asesinato en primer grado. Esto parece ser la venganza de los cuerpos represores americanos en contra los indígenas que se resisten a ser despojados de sus tierras y derechos humanos. A John lo acusa directamente el FBI del asesinato de Anna Mae Pictou Aquash ocurrido en el estado de Dakota [Sur], Estados Unidos. El 1 de diciembre del [2003], John fue arrestado en Vancouver por miembros del departamento de policía de esta ciudad. Se le mantuvo incomunicado por 40 días, pasa salir tuvo que pagar una fianza de 25 mil dólares, dinero que todavía debe; además, cuatro o cinco personas tuvieron que comprometerse a pagar de 10,000 dólares en caso de que John se diera a la fuga. Ahora esta en riesgo de enfrentar un injusto proceso legal por un crimen que no cometió y que ocurrió 30 años atrás.

He aquí una serie de antecedentes que explican la represión política en contra de indígenas en Canadá y los Estados Unidos. Durante la década de los setentas, el Movimiento Indígena Americano, cuyas siglas en inglés son: AIM, luchó en defensa del territorio de los indígenas del estado de Dakota del Sur. Entre los años 1974 y 1976, aproximadamente 70 indígenas fueron asesinados, desaparecidos, y muchos otros encarcelados. Anna Mae Pictou era una de las líderes del movimiento y amiga de John Graham. Por aquellos días en que Anna Mae fue asesinada, sus compañeros sabían que era perseguida política y que la policía federal de los Estados Unidos la tenía clasificada como fugitiva.

Entre 1976 y 1981, el Movimiento Indígena Americano experimentó toda clase de acoso político, incluyendo infiltración y asesinatos selectivos por parte del gobierno de los Estados Unidos. John recuerda esos tiempos como años de terror. El y sus compañeros perseguidos fueron forzados a ocultarse, huyendo del FBI y de los militares, que en aquel entonces eran más racistas de lo que lo son ahora. Después de unos meses, el movimiento volvió a aparecer a la luz pública con protestas y campañas dénunciaron los crímenes en su contra y demandando investigación y castigo para los responsables; el nombre de Anna Mae Pictou estaba incluído entre la lista de las víctimas del movimiento indígena.

En el año de 1984, John tuvo una gira por Europa, en la cual habló sobre la violaciones a los derechos indígenas, las minas de uranio, la represión y persecución política contra las organizaciones sociales en Canadá y los Estados Unidos. Más de 60 de indígenas del movimiento estaban encarcelados. De acuerdo con John y otros líderes del movimiento indígena, las fuerzas militares y policiacas de los Estados Unidos son autores intelectuales de esos crímenes y posiblemente también ejecutores de los mismos.

Durante los 90s, John siguió recibiendo amenazas por parte de agentes de FBI. En cuatro ocasiones hablaron con él para pedirle que acusara a cualquiera de los líderes del movimiento del asesinato de Anna Mae y que sino lo hacia lo culparían a él y lo amenazaron de fabricarle un caso en su contra y arruinarle la vida.

Leonard Peltier es otro preso político indígena que fue acusado de matar a dos agentes del FBI en los Estados Unidos en el año de [1975] , y a quien se le reconoce como activista serio y respetable. Leonard fue un destacado activista del Movimiento Indígena Americano en la década de los 70s. Hace un par de semanas, Leonard envió un mensaje desde la prisión denunciando que se le ofreció su libertad a cambio de declarar en contra de John Graham. ¿Me pregunto por qué? Tal parece que, a falta de pruebas en contra de John, el FBI esta buscardo fabricar otras. ¿Entonces, cualquier persona que tiene sentencia de por vida puede obtener su libertad a cambio de mentir a favor de FBI? ¡Que manera tan descarada de comprar “testigos”!

Como John, he conocido a otros indígenas de aquí, que han hablado del racismo, la represión y los crímenes contra indígenas en Norteamérica. Sus testimomios me hacen recordar otros que he escuchado antes de los indígenas en México. En lo personal, tengo un gran respeto por activistas que como John no se venden y demuestran ser consecuentes con sus principios…

John Graham es conocido como activista político. En apoyo a su caso, organizaciones como Amnistía Internacional, El Movimiento Anti-nuclear, La Asamblea de las Primeras Naciones, La Sociedad contra la Intimidacíon, Canadá Derechos Humanos 3000, así como sindicatos de trabajadores, personalidades y organizaciones sociales han enviado cientos de cartas en apoyo a su inocencia. En solidaridad con John Graham, aproximadamente unos 100 activistas de organizaciones civiles y de derechos humanos estuvieron afuera de la Suprema Corte el pasado 21 de febrero, John teme por su vida en caso de ser extraditado proque se sabe que, muchos presos politicos indígenas han sido silenciados con la muerte en las cárceles de los Estados Unidos. Al salir de la corte, John dijo estar muy decepcionado, pero no sorprendido ante esta decisión. Creo que muchas personas compartimos esa decepción y lamentamos que el gobierno de Canadá comparta la injusticia y la represión politica con sus vecinos del sur. El caso de John no está aún perdido, el proceso de apelacion sigue en curso y para principios de noviembre tendrá audiecia en la Suprema Corte de Vancouver. No permitas que el gobierno Canadiense extradite a otro hombre inocente.

Para más información:
http://www.grahamdefense.org
http://ourfreedom.wordpress.com

 

Statement by Nicoline Rickard, September 18, 2008 September 23, 2008

Filed under: John Graham — ourfreedom @ 11:56 pm

Statement by Nicoline Rickard, September 18, 2008

Nicoline and JohnJohn Graham is my partner. Our relationship began in the summer of 1999, and since that time we have lived, worked, and traveled together and have not been apart. We have experienced both good and bad times and John tells me I know him better than anyone alive. I know, in my heart and in my gut, that John just does not have it in him to cause harm to anyone. I know his reverence for all life is genuine. You can’t fake that kind of character. I know he is sincere when he talks about his love and respect for his grandma, who is his greatest influence. She affected him deeply and she taught him, as John says, “the spirit of sharing and caring”, when he was a very young child. I have witnessed how he treats people and how he speaks of them privately, how he listens to strangers, friends, and neighbors alike with a welcoming calmness. John has a true respect for others and an inner strength that shines through in all he says and does. He is non-confrontational. In fact, I have never heard him raise his voice to anyone. He is easygoing, asserts himself quietly and with strength, and is not a man who would take orders – from anyone – to hurt another man, woman or child.

I know John Graham to be an honest, intelligent, and decent man. He has never treated me with anything but love, respect, care, patience and humor. I miss him every day and night.

 

Support Needed for Indigenous Political Prisoner John Graham September 16, 2008

Filed under: John Graham — ourfreedom @ 2:59 am
Photo taken on Coast Salish Territory, Vancouver, September 15, 2008

Photo taken on Coast Salish Territory, Vancouver, September 15, 2008

URGENT: Support Needed for Indigenous Political Prisoner John Graham

*please forward*

September 8, 2008
Coast Salish Territories, Vancouver

Dear friends and allies:

We are writing to ask for your financial support to help defend John Graham. As most of you know, John Graham is a political prisoner who is Southern Tutchone from the Yukon Territory. He is currently imprisoned in Rapid City, South Dakota (Background Information Below). John’s trial date is set for October 2008 and his family and close supporters are planning to travel to South Dakota in order to support John during this time.

There are, of course, costs associated with this trip. Hence, in this letter, we are making a special financial appeal to support John’s family and friends to travel and stay in South Dakota for up to one month during his trial.

* We are aiming for 50 people/organizations to donate at least $20 each by the end of September *

The isolation that political prisoners such as John Graham experience behind bars is part of the state’s repressive strategies. John’s current legal struggle also reflects the political repression faced by Indigenous people who struggle against state and corporate control. It is therefore imperative to offer our tangible and practical support to facilitate supporters to be present in South Dakota as part of this campaign for justice for John Graham.

If you can donate, please be in touch as soon as possible! (by the end of September at the latest)

1) Direct deposit: CIBC Branch account # 86-64536 transit # 04700

2) Send a cheque made out to Naneek Graham and mail it to:

1424 Commercial Dr.
P.O. Box 21640
Vancouver, BC
V5L 5G3

3) To make arrangements for someone to pick up your donation, please contact: Naneek Graham @ 778-386-0354 (message) or Chusia Graham @ 604-418-0279 or Harsha @ 778 885 0040 or harsha(at)resist.ca or Ange at 778-317-3830 or noxmadima(at)yahoo.com.

Again, your financial contribution is a very important and tangible way to support this campaign and is deeply appreciated. For more information, please contact Chusia or Naneek Graham.

With solidarity and thanks,
Naneek & Chusia Graham

BACKGROUND:

John Graham is a Southern Tutchone from the Yukon Territory. He is currently imprisoned at the Pennington County Jail in Rapid City, South Dakota, and his trial date has been set for October 2008. John Graham was arrested in Vancouver in December 2003, and after a prolonged legal battle including leave to appeal to the Supreme Court of Canada, he was extradited to South Dakota in December 2007. The allegations against John are of murdering fellow AIM member and Nova Scotia Mi’kmaq Anna Mae Pictou in 1975. John Graham denies he killed Anna Mae.

In the mid-1970s, AIM was carrying out armed stand-offs in defence of the land including the 1973 standoff at Wounded Knee in South Dakota. As a result, AIM was one of the primary targets of the COINTELPRO counter-intelligence program aimed to weaken, confuse, and arouse suspicion amongst AIM members. At different times, Anna Mae Pictou Aquash, Leonard Peltier and John Graham all said they were offered their freedom if they collaborated with the FBI against other AIM members; they all refused. On the killing of Anna Mae, former FBI regional director Norm Zagrossi has himself stated it ‘looked like a cover-up’ . Ellen Klaver, a journalist in Colorado who has followed the story for three decades, has observed that, ‘Whoever was involved, the FBI was the architect.’ 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.

However the 1999 Extradition Treaty between the United States and Canada lowers the burden of proof to include hearsay evidence, which would not be admitted in a Canadian criminal court. Graham and his lawyers have stated they would welcome a trial in Canada, where the fake evidence could be exposed. A key witness, Arlo-Looking Cloud, recanted his testimony stating that he was coerced and under the influence of alcohol. Another prosecution witness Kamook Banks admitted she was paid $43,000 to cooperate with the FBI.

Graham has received support from a wide range of organizations including the Canadian Labour Congress, Native Youth Movement, Chief Capilano of the Squamish Nation, BC Teachers for Peace and Global Education, BC Hospital Employees Union, Stopwar.ca, Council of Yukon First Nations, BC Federation of Labour. Amnesty International has also stated their concern about the lack of a fair trial, given the clear parallels to Leonard Peltier. Peltier was extradited from Vancouver in 1976; now widely known on false evidence. In 1979 former [Canadian] Solicitor General Warren Allmand acknowledged this and formally ‘apologized’, yet he remains behind bars as one of the most well-known political prisoners of our time.

The US government, with Canadian government complicity and cooperation, is intent on repressing the last remnants of AIM. Graham’s current legal struggle reflects the political repression faced by Indigenous people who struggle against state and corporate control over Native lands and resources and reflects the ongoing reality of the ‘Indian Wars’.

FURTHER INFORMATION:

==> Websites:
http://www.grahamdefense.org
http://ourfreedom.wordpress.com

==> Trailer of Documentary ‘Our Sacred History and White Man Lies’:
http://ourfreedom.wordpress.com/2008/01/10/our-sacred-histor…

==> Interview with John Graham:
http://vids.myspace.com/index.cfm?fuseaction=vids.individual…

==> Articles:

Vancouver Sun: Who killed Anna Mae?
http://www.grahamdefense.org/20050108weyler-van-sun.htm

COINTELPRO’s long shadow – The importance of the John Graham case:
http://www.zmag.org/content/showarticle.cfm?ItemID=7589

The Anna Mae Pictou-Aquash Story:
http://aws.roadnetwork.org/node/17

The Case of John Graham:
http://warriorpublications.com/?q=node/25

Canadian Dimension: The Hauntings of Colonialism:
http://canadiandimension.com/articles/2007/01/04/827/

The Tyee: Delivering Framed John Graham
http://thetyee.ca/Views/2007/05/16/JohnGraham/

Common Ground: BC Supreme Court set to decide Graham’s extradition fate
http://commonground.ca/iss/0709194/cg194_graham.shtml

Georgia Straight Article:
http://www.straight.com/article-101128/john-graham-says-nati…

Aboriginal Title and International Law: The Occupation of BC, Iraq, the West Bank, and the Extradition Cases of Sittting Bull, Leonard Peltier, James Pitawanakwat, and John Graham by Anthony Hall, University of Lethbridge
http://people.uleth.ca/~hall/bc-kurdistan.htm

 

The FBI/US gov’t doesn’t want anyone to know who murdered Anna Mae September 8, 2008

Filed under: John Graham — ourfreedom @ 1:01 am

One point that proves the FBI/us gov’t doesn’t want anyone to know who murdered anna mae: dna testing came out in the 80’s, doesn’t anyone find it odd that they say they’ve investigated this extensively throughout the years but didn’t ever take it upon themselves to test for dna. why did it take john graham’s request for this years later for it to happen. why wouldn’t thay have just done it on their own if they really wanted the truth.

a witness saw anna mae 2 months after the fbi’s “death date”. again, if they really wanted us to know the truth they’d leave no stone unturned and reveal the witness to the world. why would anyone who was serious about finding justice not want anyone to know who that person was, it’s because they don’t want them to testify and show the “death date” is not right.

John wants it made loud and clear that he was indicted because he refused to cut a deal and lie. He wants people to know that Dick Marshall was indicted for the same reason, he wouldn’t cut a deal. ( Marshall’s testimoney at Looking Cloud’s trial shows that John was looking for a safe place for Anna Mae.)

nic rickard

 

FBI witness said s/he saw Aquash alive months after she was allegedly killed August 27, 2008

Filed under: John Graham — ourfreedom @ 4:30 am

February 18, 1976 FBI report:

On February 18, 1976, FBI Agent David Price prepared a memorandum in which he reported that Anna Mae Pictou Aquash was seen in Allen, South Dakota on February 12, 1976. This is two months after the government now alleges she was killed. The witness providing information to Price gave specific information as to the car Aquash was in and the clothes she was wearing. Graham Doc. 04092.

On July 7, 2008 and July 18, 2008, Mr. Graham requested in writing a non-redacted versions of this report so that he could locate, interview, and subpoena the witness. On July 28, 2008, the government responded that the redacted area of the report contained the number of an FBI informant, and that it would not provide the informant’s identity to Mr. Graham.

The name of a witness who saw Aquash alive after the government asserts she was dead is material, exculpatory, and subject to disclosure. The government can not refuse to provide the name based on privilege: An informant’s privilege to remain confidential is not absolute. Roviaro v. United States, 353 U.S. 53, 60-61(1957). If the informant’s testimony will be material to the determination of the case, the informant’s identity should be disclosed. United States v. Lindsey, 284 F.3d 874, 877 (8th Cir. 2002) (citations omitted).

The government and FBI should not be able to hide the name of a witness who says s/he saw Aquash alive months after she was allegedly killed. The name of that witness, even if that witness is a government informant, should be disclosed so that Mr. Graham can fully investigate his defense. Without such disclosure, Mr. Graham is prevented from fully investigating and defending his case, and he will be denied due process.

Dated August 12, 2008.
John R. Murphy

MEMORANDUM IN SUPPORT OF DEFENDANT GRAHAM’S MOTION TO COMPEL DISCOVERY (PDF)

 

John Graham defense wants FBI informant details August 19, 2008

Filed under: John Graham — ourfreedom @ 2:01 am

Defence wants informant details in slaying of Canadian in South Dakota

Canadian Press, Aug 16, 2008

RAPID CITY, S.D. — A Canadian man charged with a decades-old murder wants the U.S. government to disclose details of payments to informants and the name of one who said the victim was alive days before she died.

John Graham’s first-degree murder trial starts Oct. 6 in Rapid City, S.D., federal court for the slaying of fellow Canadian Anna Mae Pictou Aquash on the Pine Ridge Indian Reservation.

Both were members of the American Indian Movement, as was Fritz Arlo Looking Cloud, who was convicted in 2004 and sentenced to a mandatory life prison term for his role.

Witnesses at his trial said he, Graham and another AIM member, Theda Clark, drove Aquash from Denver and that Graham shot Aquash in the Badlands as she begged for her life. [*]

Aquash was a Mi’kmaq born in Nova Scotia, Graham is a Yukon native.

Graham’s lawyer, John Murphy, has filed a motion to make prosecutors provide the following:

-Details of FBI payments to informants Serle Chapman and Darlene “Kamook” Nichols;

-The dates of two letters Chapman wrote to prosecutors in which he requests payment for his service as an informant;

-An unredacted copy of a Feb. 18, 1976, report by FBI Special Agent David Price that states an unnamed informant saw Aquash alive Feb. 12, 1976, in Allen and described what she was wearing and driving.

A rancher found her unidentified body Feb. 24, 1976, north of Wanblee. Prosecutors have said they believe she was killed there two months earlier – around Dec. 12, 1975.

Murphy wrote in his memorandum that the information is needed in order to properly defend Graham and determine if it would clear him of wrongdoing.

Graham has several times been refused details on payments to Chapman and Nichols, who have likely been government informants since at least 2000, the lawyer wrote. Nichols testified at Looking Cloud’s trial.

On July 28, the government told Murphy the FBI made “expense reimbursements” of $69,066 to Chapman and $49,083 to Nichols but did not include other details, Murphy wrote.

“Thus, Mr. Graham has no information setting forth what alleged expenses were reimbursed, whether those alleged expenses were legitimate, or the dates that payments were made to the informants,” he wrote.

Murphy wrote the government also gave Graham a copy of a letter from Chapman’s wife asking for $70,000 for his services and help in getting work visas and a follow-up letter from Chapman reiterating his wife’s note, but the dates are redacted.

“The documents are not complete without a date,” Murphy wrote. “The dates are likely to correspond with payments made to the informant and the release of information from Chapman to the FBI.”

Finally, Murphy wrote the government did turn over Price’s report indicating an informant saw Aquash alive less than two weeks before her body was found, but the informant’s identity was omitted.

“The government and FBI should not be able to hide the name of a witness who says (he or she) saw Aquash alive months after she was allegedly killed,” he wrote.

Prosecutors now will respond to the motion and the judge will rule if the government must disclose the information.

U.S. District Judge Lawrence Piersol has ruled on another matter.

In response to a prosecution motion to require Graham to give an alibi before the trial, Piersol wrote that if the defence plans to call witnesses, those names must be given to government lawyers.

But if Graham has documents or plans to testify about his whereabouts at the trial, he does not have to disclose that, the judge wrote.

—————————————————————————————————————————————–

* Our Freedom note: The corporate media continues to wrongly claim that “witnesses” at Arlo Looking Cloud’s 2004 trial said that he, John Graham and another American Indian Movement member drove Anna Mae Aquash to the location where her body was later found and that John Graham shot her. It should be made clear that no person testified at Looking Cloud’s trial to witnessing Graham kill Aquash. There was also no physical evidence presented that linked either Looking Cloud or Graham to the murder. The only testimony given was regarding what persons claimed Looking Cloud had told them or was regarding supposed sightings of him and Graham together with Aquash at various homes. One person who testified, former AIM member Darlene Ecoffey (then Nichols), admitted during the trial to being a paid police informant and later married one of the main police investigators of the case, self-proclaimed FBI academy graduate Robert Ecoffey (who also took part in the “Incident at Oglala” FBI-led assault on an AIM camp on June 26, 1975, at Pine Ridge).

Arlo Looking Cloud’s trial, February 2004 (grahamdefense.org)

 

John Graham’s trial to start October 6, 2008 June 23, 2008

Filed under: John Graham — ourfreedom @ 11:55 pm

June 19, 2008: The pre-trial hearing in Rapid City was set to start at 8:30 a.m. on Monday, October 6, 2008, followed by selection of the jury and continuation of the trial until it is completed with a break between the end of the day Friday, 10 October and 9 a.m. Tuesday, October 14th. If a third week is necessary, the trial will continue at 9 a.m. Tuesday, October 21st.

- From grahamdefense.org

 

Questions linger about John Graham handover April 15, 2008

Filed under: John Graham — ourfreedom @ 8:12 pm

Questions linger about John Graham handover

By Matthew Burrows
The Georgia Straight (Vancouver, Canada)
April 10, 2008

Family and supporters of John Graham are still furious over unanswered questions relating to his high-speed extradition to the U.S. last December.

“Why would they put this man in chains and take him across the border, full speed, without him being allowed to talk to lawyer or family?” Vancouver-based justice advocate Jennifer Wade asked in a phone conversation with the Straight.

The Yukon-born Southern Tutchone man is charged with first-degree murder in the execution-style killing of Nova Scotia Mi’kmaq and American Indian Movement member Anna Mae Pictou Aquash, whose body was found in 1976 on the Pine Ridge reservation in South Dakota. Graham has always maintained that he did not commit the crime.

On February 21, 2005, B.C. Supreme Court Justice Elizabeth Bennett ruled that Graham could be extradited to the U.S. to stand trial for the crime. On June 22, 2006, months after the Conservative party gained a minority in Parliament, then–justice minister Vic Toews signed off on the handover of Graham to U.S. authorities.

On June 26, 2007, the B.C. Court of Appeal dismissed Graham’s appeal. On December 6, 2007, the same day he was whisked to the border, Graham was denied leave to appeal his case to the Supreme Court of Canada. According to Wade, Graham was driven from the North Fraser Pretrial Centre in Port Coquitlam and turned over to U.S. authorities. He is currently being held in the Pennington County Jail in South Dakota.

Burnaby-Douglas NDP MP Bill Siksay wrote two letters to Justice Minister Rob Nicholson, dated December 6 and 11, 2007, demanding answers to questions surrounding the surrender.

“Given that he was extradited the same day as the Supreme Court decision was delivered, it is clear that both Canadian and U.S. authorities had already made the necessary arrangements to remove him,” Siksay wrote on December 11. “Why then was Mr. Graham’s legal counsel or his family not informed about the timing of the extradition?”

In a two-page letter to Siksay dated December 18, 2007, Janet Henchey, general counsel and associate director of the International Assistance Group in the federal Department of Justice, stated that it was “standard practice to remove persons sought for extradition pursuant to a valid surrender order as soon as practicable upon the release of the final decision on any outstanding appeals”.

According to Wade, Graham was denied basic rights. “They [prisoners] are allowed to talk to family or lawyer before going,” she said. “He was not allowed access to family or lawyer or friends of any kind. He asked repeatedly if he could phone his family to tell them he was leaving, and they said no.”

Wade has been advocating on Graham’s behalf since he was arrested in Vancouver in December 2003.

 

John Graham trial moved to September March 12, 2008

Filed under: John Graham — ourfreedom @ 10:16 pm

John Graham trial moved to September

By Heidi Bell Gease, rapid City Journal staff
Wednesday, March 12, 2008

The murder trial of John Graham has been rescheduled for Sept. 23 at the request of Graham’s attorney.

Graham, 52, of British Columbia was supposed to go on trial here June 17 in U.S. District Court for the fatal shooting of Anna Mae Pictou Aquash, a fellow American Indian Movement member who died on Pine Ridge Indian Reservation in December 1975.

Graham’s attorney, John Murphy, filed a motion Feb. 28 asking that the trial be delayed, saying he needed more time to prepare. According to the motion, the government had already provided Murphy with more than 4,200 documents and 112 audio tapes of witness interviews.

U.S. District Judge Lawrence Piersol, who will preside over Graham’s trial, has rescheduled the trial to Sept. 23. Graham has agreed to waive his right to a speedy trial.

Another man charged in Aquash’s death, Fritz Arlo Looking Cloud, was convicted of first-degree murder after a 2004 trial in Rapid City.

He was sentenced to life in prison.