Former suspect testimony at issue in Aquash trial

Sioux Falls, South Dakota (AP) November 2010

Prosecutors want a former suspect in the killing of American Indian Movement member Annie Mae Aquash to testify at another suspect’s upcoming trial.

But a lawyer for Richard Marshall says prosecutors are trying to trap his client into perjury charges. Marshall was found not guilty earlier this year of charges related to Aquash’s death.

South Dakota Attorney General Marty Jackley says Marshall should have to testify in the trial of John Graham, who faces murder charges in connection with Aquash’s 1975 death. Marshall’s attorney, Dana Hanna, says Marshall could be sent to jail if prosecutors think he’s lying in his testimony.

A state judge is expected to decide later this month if Marshall has to testify. Graham’s trial is scheduled to begin Nov. 29.

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