John Graham’s lawyer asks for trial to proceed on May 12
A judge has called for a hearing on Tuesday, May 5, on whether to split John Graham and Richard Marshall’s trials, but Graham’s lawyer is asking for his client’s trial to proceed on May 12 either way. Graham’s lawyer has also asked for counts one and two against Graham to be severed from count three, which the same judge earlier dismissed. The government has appealed the dismissal.
“Considering the likelihood that the charges against Graham in Counts I and II of the Superseding Indictment will need to be dismissed at trial, counsel should be prepared on next Tuesday afternoon to argue whether or not the decision to deny a severance of the trials should be revisited, with the trial of Richard Marshall to proceed first.”
– Judge Lawrence L. Piersol
“We may not know and be able to prove beyond a reasonable doubt who actually pulled the trigger.”
– Government Attorney Marty Jackley, arguments to 8th Circuit Court of Appeals on April 15, 2009
Judge Piersol’s order: