Defense rests quickly in reservation slaying trial
- Details
- Parent Category: Aquash/Peltier/Ray
- Category: Annie Mae Pictou Aquash
- Published: 19 December 2010
- Hits: 12923
By Nomaan Merchant
Rapid City, South Dakota (AP) December 2010
The defense for the man accused of shooting an American Indian Movement activist more than three decades ago rested its case on December 8th without calling any witnesses.
John Graham is charged with shooting Annie Mae Aquash and leaving her to die on South Dakotas Pine Ridge reservation in late 1975. The case has become synonymous with AIMs often-violent clashes with federal agents during the 1970s.
After the prosecution rested its case, Grahams attorney, John Murphy, was expected to begin calling witnesses. But Murphy announced that the defense rested. He declined to comment when asked outside the courtroom why he didnt call any witnesses.
Prosecution witnesses testified over five days that Graham and two other AIM activists, Arlo Looking Cloud and Theda Clark, kidnapped and killed Aquash because they believed she was a government informant. Looking Cloud, who is serving a life sentence for his role in Aquashs death, told jurors this week that he saw Graham shoot her.
Murphy then asked Judge John Delaney to dismiss the charges, arguing that prosecutors hadnt proven enough of their case beyond Looking Clouds statements.
They have failed as a matter of law to corroborate Mr. Looking Clouds testimony, Murphy said. It is a situation that rises and falls on Arlo Looking Cloud.
Delaney disagreed and denied the motion. Murphy asked again for a dismissal after resting his case, but Delaney said he would not change his ruling.
Throughout the prosecutions case, Murphy questioned the reliability of several witnesses, particularly Looking Cloud, the only witness who said he saw Graham shoot Aquash.
Murphy contended Looking Cloud had changed his story in hopes of getting a more lenient prison sentence. He pointed to Looking Clouds criminal record, which includes several convictions for lying to authorities, and differences between his current testimony and past statements.
Prosecutors did not call a number of expected witnesses, including Serle Chapman, a British writer who interviewed Graham and later cooperated with the FBI, and Thelma Rios, who pleaded guilty last month in connection with Aquashs kidnapping.
Aquash, a member of the Mikmaq tribe of Nova Scotia, was 30 when she died. Her death came about two years after she participated in AIMs 71-day occupation of the South Dakota reservation town of Wounded Knee.
AIM was founded in the late 1960s to protest the U.S. governments treatment of American Indians and demand the government honor its treaties with Indian tribes. It gained national attention in 1972 when it took over the Bureau of Indian Affairs headquarters in Washington but has since faded from public view.
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Rapid City, South Dakota (AP) December 2010
The defense for the man accused of shooting an American Indian Movement activist more than three decades ago rested its case on December 8th without calling any witnesses.
John Graham is charged with shooting Annie Mae Aquash and leaving her to die on South Dakotas Pine Ridge reservation in late 1975. The case has become synonymous with AIMs often-violent clashes with federal agents during the 1970s.
After the prosecution rested its case, Grahams attorney, John Murphy, was expected to begin calling witnesses. But Murphy announced that the defense rested. He declined to comment when asked outside the courtroom why he didnt call any witnesses.
Prosecution witnesses testified over five days that Graham and two other AIM activists, Arlo Looking Cloud and Theda Clark, kidnapped and killed Aquash because they believed she was a government informant. Looking Cloud, who is serving a life sentence for his role in Aquashs death, told jurors this week that he saw Graham shoot her.
Murphy then asked Judge John Delaney to dismiss the charges, arguing that prosecutors hadnt proven enough of their case beyond Looking Clouds statements.
They have failed as a matter of law to corroborate Mr. Looking Clouds testimony, Murphy said. It is a situation that rises and falls on Arlo Looking Cloud.
Delaney disagreed and denied the motion. Murphy asked again for a dismissal after resting his case, but Delaney said he would not change his ruling.
Throughout the prosecutions case, Murphy questioned the reliability of several witnesses, particularly Looking Cloud, the only witness who said he saw Graham shoot Aquash.
Murphy contended Looking Cloud had changed his story in hopes of getting a more lenient prison sentence. He pointed to Looking Clouds criminal record, which includes several convictions for lying to authorities, and differences between his current testimony and past statements.
Prosecutors did not call a number of expected witnesses, including Serle Chapman, a British writer who interviewed Graham and later cooperated with the FBI, and Thelma Rios, who pleaded guilty last month in connection with Aquashs kidnapping.
Aquash, a member of the Mikmaq tribe of Nova Scotia, was 30 when she died. Her death came about two years after she participated in AIMs 71-day occupation of the South Dakota reservation town of Wounded Knee.AIM was founded in the late 1960s to protest the U.S. governments treatment of American Indians and demand the government honor its treaties with Indian tribes. It gained national attention in 1972 when it took over the Bureau of Indian Affairs headquarters in Washington but has since faded from public view.
Link to the Aquash Investigation Index Page
Link to Articles about Aquash Murder case
To learn more checkout: Facebook.com/AnnieMaePictouAquash