Our Freedom

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

It’s highly questionable that John Graham will have a fair trial August 27, 2008

Filed under: Choctaw Nation — ourfreedom @ 4:32 am

“There have been several agents of the FBI who have said that it doesn’t matter if Peltier is guilty or not. He will never be freed. The FBI will make sure of that and to me that sounds like a threat. It was the FBI who threatened the life of Anna Mae Aquash if she didn’t cooperate in their investigations of who killed the agents. Standing Deer was also threatened with the loss of his life if he revealed the assassination plot in 1978. When Standing Deer was released and became involved with working for Peltier’s’ freedom, he was murdered in his Houston home in 2003.

In Aquash’s case, it seems strange that all of a sudden the Justice Department and FBI are being cast as hero’s in solving the case. But from so many of the sources, it is highly questionable that Looking Cloud got a fair trial and that Graham will probably be expected to see anything better. So if Graham is convicted, then will the case be over for Indians? Will ‘justice’ be served on a plate of BS greedily devoured by anti-AIM rhetoric’s and the media?”

– Ben Carnes, Choctaw, Peltier, justice and fearlessness (August 21, 2008)

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FBI witness said s/he saw Aquash alive months after she was allegedly killed

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)