Federal defendant not entitled to state documents

Sioux Falls, South Dakota (AP) 11-09

A judge ruled that a Canadian man charged in federal court with killing a fellow American Indian Movement activist in 1975 is not entitled to documents from state court on charges filed there.

John Graham’s lawyer argued that grand jury transcripts and an un-redacted indictment should be turned over because they are part of the evidence in the case.

But the judge disagreed, saying there are no grounds for such an order.

Graham and Richard Marshall are charged in federal court with killing or aiding the murder Annie Mae Aquash. That case is on hold. Graham is also charged in state court in Rapid City along with Thelma Rios.

Prosecutors say Aquash was killed because she was a suspected government informant against AIM.