(the injustice continues... wish we had a wikileaks on what really happened and what the FBI and other US agents and informants had to do in the deaths and terror at Pine Ridge)
http://twincities.indymedia.org/2010/dec/south-dakota-jury-convicts-john-graham-land-defender-faces-life-prison South Dakota Jury Convicts John Graham: Land Defender Faces Life in Prison
Submitted by TCIMC on Sat, 12/11/2010 - 21:15
by Free John Graham
Friday afternoon, a South Dakota jury found John Graham guilty of murder in the second degree. John Graham has been found guilty of felony murder in the kidnapping of Anna Mae Aquash, his friend and comrade in the American Indian Movement (AIM).
Anna Mae Aquash was murdered in the 1970's, in an execution style killing in South Dakota.
The jury acquitted Graham of premeditated murder, the first-degree charge. But even the lesser charge of second degree murder carries a sentence of life in prison.
Earlier today, a jury foreman told the Judge that they could not come to a unanimous verdict on one of the charges. Around an hour later, the jury had reached it's verdicts.
In felony murder cases, the prosecution does not have to prove that the accused actually killed anyone, instead the accused is found criminally liable for any deaths that occur during or in furtherance of a felony. In this case the felony is the kidnapping charge. For instance, if two people are robbing a bank and one of them is killed, the getaway driver can then be convicted of felony murder.
On Wednesday, John Murphy, lawyer for the defense, let the defense rest without calling a single witness. According to the Associated Press:
"Murphy then asked Judge John Delaney to dismiss the charges, arguing that prosecutors hadn't proven enough of their case beyond Looking Cloud's statements.
Delaney disagreed and denied the motion. Murphy asked again for a dismissal Wednesday after resting his case, but Delaney said he would not change his ruling."
Anna Mae Aquash was an indigenous warrior who fought for the land and people. She fought for the survival of native ways of life by teaching in AIM Native American Survival Schools and taking part in numerous armed land occupations.
According to this weeks' testimony of witness Candy Hamilton, Anna Mae feared for her life due to threats from the FBI. Hamilton stated in court that, "I don't know that (FBI Agent David Price) pulled the trigger, but I think he could make it happen." Arlo Looking Cloud, convicted in 2004 on murder charges related to the case, testified that he saw John Graham kill Anna Mae Aquash. Murphy insinuated Looking Cloud gave false testimony in order to receive reduced time in prison.
Anna Mae once said, “I am not a citizen of the United States or a ward of the Federal Government, neither am I a ward of the Canadian government. I have a right to continue my cycle in this Universe undisturbed.” As Anna Mae did not recognize the authority of the United States, or any colonial government, the persecution of John Graham in her name is in contradiction to her own ideas. Reliance on the courts reinforces the legitimacy of the United States justice system, a system which legalizes the displacement and destruction of indigenous people across this land.
Justice, for Anna Mae, could not take place within the courts, for, in her own words, "Jails are not a solution to problems."
John Graham is currently being held in Pennington County Jail in Rapid City. He is awaiting sentencing. After sentencing, it is expected he will be transferred to a state penitentiary.
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MORE:
Quick and Dirty, Part Two: John Graham found Guilty in Aquash/Pine Ridge Murder
by antoinette nora claypoole
Dec. 10, 2010. Graham is found guilty of killing his friend Annie Mae. 30 years to the weekend that Annie Mae "disappeared" from Denver. Or was driven away from death threats to a safe house by John Graham, as he claims.
Based on the scripted testimony of Arlo Looking Cloud who was seeking leniency in his life sentence in the murder of Annie Mae, the jury today found John Graham guilty. He was acquitted in the "premeditated" charge, which interestingly indicates the fact that the jury may NOT believe that old AIM ordered the murder, that Graham had not necessarily "planned" to kill Aquash ahead of time. If not premeditated, what was the jury thinking? That on his way to take Annie Mae to a safe house John Graham pulled over and killed her, out of the dark of night?? Of course not.
The fact that the Rapid City jury found him guilty without a motive is beyond reason.
But. Then I remember where they live. And that this trial was in STATE court, not Federal. It seems the jury may have felt they needed to send Graham to jail to keep the Prosecutors "happy". Because the Prosecutors are from the State of S.D. and ANY of those jurors could in fact run into the likes of the Prosecutors, any day, any time, in a Rapid City courtroom. On the streets, in from the Rez or in a town hall meeting. I guess the jury found Graham guilty to protect themselves from the Government's wrath. The same reason ALL the "Witnesses" in this trial testified the way they did.
In Rapid City, S.D. the trial of John Graham, a Southern Tutchone accused of murdering American Indian Movement (AIM) activist and leader, Anna Mae Pictou Aquash went to jury suddenly, in an unexpected speedy end to the trial earlier this week. The trial was expected to run for three weeks and began just eight days ago. The jury deliberated 12 hours, deadlocked on the premediated murder charge, finally acquitting him on that lesser charge.
Closing arguments were infused with the Defense discrediting prosecution witnesses and claims by the Prosecution that Graham's "alibi" was "just plain stupid". In the end, the defense did not call any witnesses and rested it's case, a move which surprised most involved.
Missing from the stand were key Prosecution"witnesses" expected to testify. They included Federal informant/U.K. "author" Serle Chapman and old AIM activist Thelma Rios, who recently "confessed" to her role in the murder. She was released from jail after her "confession", sentenced to probation. Rios was expected to name names of old AIM leadership complicit in the execution. The case/verdict seems to have relied solely on two days of testimony by Arlo Looking Cloud, now serving a life sentence for his role in the murder of Aquash. According to the defense, Looking Cloud has changed his version of the "truth" many times over the
http://years.In fact, that is an easy claim to prove as the videotape of his first "confession" provides varied tales of the murder: he was admittedly "drunk" when he filed his first confession. The Defense for Graham claimed that Looking Cloud hopes to gain leniency for his co operation in the case. His counsel, Barry Bachrach, who was once attorney for Leonard Peltier, stands by Looking Cloud's statements. Looking Cloud testified he was on Pine Ridge, in the car and on the "side of a road" as Graham executed Aquash. There is no evidence in the case: no murder weapon, etc. Supporters of John Graham say an appeal is already being planned.
John Graham is one of the accused murderers of Anna Mae Pictou Aquash, an American Indian Movement warrior who "disappeared" 35 years ago this month. Her body was found at Pine Ridge, S.D. in Feb. 1976: dead via execution. Graham and others were said to have killed her on/around Dec. 12, 1975. As the trial closes, it is important to remember the history of this case. Including. A letter by Annie Mae. She knew who the informants were in AIM. It is clear that her knowledge of their identity was, in the end, her demise. Decide for yourselves. The truth of the lies. Take a look at the history of this case.
For basic facts on the verdict see:
http://www.cbc.ca/canada/north/story/2010/12/10/graham-aquash-aim-jury.htmlRead letters, statements, an overview of events.
"The Border Crossing of John Graham" part one
by antoinette nora claypoole
http://www.heyokamagazine.com/HEYOKA....aham.1.htm"The Border Crossing of John Graham" part two
by antoinette nora claypoole
http://www.heyokamagazine.com/heyoka....aham.2.htmANNIE MAE LETTER
http://anniemaeletter.blogspot.com/SOME HISTORY OF GRAHAM CASE/Canadian Extradition Hearings:
http://antoinetteclaypoole.blogspot.com/ARLO LOOKING CLOUD TRIAL, Feb. 2004
coverage for Pacifica Radio, KPFK by antoinette nora claypoole
http://www.lookingcloudpieces.blogspot.comROCK GARDEN HEARTS
by antoinette nora claypoole
personal internest story
http://www.poetserv.org/SRR27/claypoole.html 
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