US wants delay in 1975 Pine Ridge killing trial

Sioux Falls, S.D. (AP)9-09

U.S. prosecutors have asked a judge for another delay in the trial of two men charged in the 1975 slaying of an American Indian Movement activist from Canada.

John Graham and Richard Marshall are to stand trial Oct. 6 in Rapid City on charges they committed or aided and abetted the murder of Annie Mae Aquash (AH’-kwash) on the Pine Ridge Indian Reservation.

Graham was indicted in 2003 and Marshall in 2008 and their trials have been postponed several times.

Prosecutors say they’ve asked for a rehearing on the dismissal of one of the three counts against Graham and can’t proceed on the two remaining charges until that appeal is resolved.

Marshall’s attorney opposed the delay, saying his client has been in jail for more than a year and should be tried.