JOHN GRAHAM SENTENCED TO LIFE IN PRISON

John Graham’s lawyer: John R. Murphy, Murphy Law Office P.C., 328 East New York Street, Suite 1, Rapid City, SD 57701. Tel. (605) 342-2909. E-mail: jmurphysd@hotmail.com. Website: www.murphylawoffice.org

John Graham’s mailing address:
John Graham, Pennington County Jail, 307 St. Joseph Street, Rapid City, SD 57701, USA

(JOHN GRAHAM’S SENTENCING IS LATER IN JANUARY!!  His lawyer is looking for character reference letters on John’s behalf.  Maybe there’s a feint hope still that his sentence could be reduced.  When you read below you’ll see that it hasn’t been proven that John murdered anyone, the way he’s been convicted is basically as an accessory.  Just remember when you hear Anne Mae’s daughters talk about justice for their mother, that they are RCMP agents…while Anna Mae as a traditional native activist did not recognize the authority of the state.  There is no physical evidence on him, there is only hear-say.  It is possible still that he could get a reduced sentence, or have his time already served included…at this point there is such a dim hope that we would celebrate if John only spent 10 or 15 years in…then we would at least see him again some day…It’s  a sad hour…so write to John and write for John…contact me through http://www.joeyonly.com or post a message below this blog if you think you can help at all.)

This is the newest news on my friend John Graham’s extradition to the United States and trial                             Jury Convicts John Graham:
Land Defender Faces Life in Prison

(December 10th 2010) 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.

References:
-Associated Press article: http://www.newsday.com/news/nation/defense-rests-quickly-in-reservation-slaying-trial-1.2526648

 

JOHN GRAHAM DEFENCE COMMITTEE’S POSITION STATEMENT!

(http://www.grahamdefense.org/position1.htm)

John Graham, native of the Yukon and father of eight who has been living quietly in Vancouver for several years, was charged in the U.S. on March 30, 2003 with the 1975 first-degree murder of Anna Mae Aquash. On December 6, 2007, John was extradited to the US and remains in Pennington County Jail.

Background

There are many tragedies which resulted from the shootout on the Pine Ridge reservation in the 1970s. These include the deaths of Lakota people, members of the American Indian Movement (AIM), two agents of the Federal Bureau of Investigation, and Canadian activist Anna Mae Pictou-Aquash.

In an effort to gain convictions for the deaths of the FBI agents, a continuing abuse of the justice system by the FBI has ensued, involving the fabrication of evidence and the use of false testimony and fraudulent affidavits. Perhaps the most infamous result of these tactics was the illegal extradition of Leonard Peltier from Canada to face charges for the deaths of the two agents.

Amnesty International has condemned the fact that the FBI knowingly used false evidence to obtain the extradition of AIM activist Leonard Peltier from Canada in December 1976.
~ Amnesty International – Statement on the arrest of John Graham, December 12, 2003


“I’m haunted by the fact that I now think we seized an innocent man, with no valid Canadian arrest warrant, based on false evidence from the U.S.”
~ Former police officer Bob Newbrook, referring to the extradition of Leonard Peltier

Warren Allmand, a former justice minister, and the judge who extradited Peltier later said they would never have agreed to his extradition had they known some affidavits and evidence presented by the U.S. were false.
~ As reported in The Province, December 05, 2003

While John Graham was not present at the actual Pine Ridge shootout, he was in the area at the time working with AIM as a junior security guard and assisting with routine activities. In the months following, AIM activists and other aboriginal people were regularly rounded up and interrogated, causing many to fear for their safety.

Anna Mae Pictou-Aquash was a friend and fellow activist from Canada. A Mi’qmak aboriginal woman from Nova Scotia, Anna Mae was also experiencing continued harassment by the FBI who believed she knew the identity of the shooter responsible for the FBI deaths. Several months after the shootout, after having expressed concern for her own safety to friends and family, Anna Mae was found dead on the Pine Ridge reservation, having suffered a fatal bullet wound to the head.

There are many questions that surround the death of Anna Mae, including the failure of the FBI agents to identify her while examining her body — even though they had interrogated her just weeks before. She was buried in an anonymous grave, and her hands were ordered cut off and sent to FBI Headquarters for identification. The FBI-led autopsy also failed to detect a bullet wound and bullet lodged in her cheek, blood-matted hair and blood stained clothing — prominent features which were immediately detected in a second independent autopsy. The concluded only that she had died of exposure.

An FBI-sanctioned pathologist missed the bullet hole in the back of her head and said she died of exposure. Still unable to identify her, Norman Zagrossi, an FBI regional supervisor based in Washington, DC, ordered her hands chopped off.  “Our experts in Washington suggested and told us that the proper procedure was to cut off the hands, put them in jars with formaldehyde and send them to Washington, which we did.  I never had before…”
~ As reported by the CBC’s Fifth Estate,  November 08, 2000

It was a mutilation that even twenty-five years later outrages the native community.  A second autopsy with a different pathologist showed a bullet still lodged in her head. Zagrossi knew it looked like an FBI cover-up attempt, and he angrily phoned the first pathologist.  “It looked like we were involved, it looked like we were trying to cover something up when in fact we weren’t,” said Zagrossi.
~ As reported by the CBC’s Fifth Estate,  November 08, 2000

Over the past decade, members of the FBI and Bureau of Indian Affairs (BIA) have made four trips to the Yukon to visit John Graham, asking him to identify Anna Mae’s murderer while offering him immunity from any related charges. They also warned that if John did not comply, they would in turn bring charges against him for the crime. During their fourth and last visit to the Yukon, the agents informed John that it would be the last time they would come to see him — the last chance to accept their offer of immunity.

Living up to their promise, and after questionable interrogations of John’s co-accused, Arlo Looking Cloud, the FBI charged John Graham with the murder of Anna Mae Pictou-Aquash.

Extraditing the Innocent

On December 1, 2003, John was arrested in Vancouver. He was freed on bail but remained under house arrest while he fought extradition to the US. Significant evidence outlined in the US government’s summary was known to be either false or non-existent, while the bulk of remaining evidence consisted of hear-say testimony. Such evidence would likely not bring a conviction in a Canadian court. However, due to a post-911 agreement between Canada and the US, the Canadian court is only allowed to review a summary and can not challenge the actual evidence.

During John’s extradition process, the family and friends of John Graham, and numerous supporters, human rights and First Nation organizations, as well as the Honourable Yukon Member of Parliament and Parliamentary Secretary Larry Bagnell, called on the Canadian government and all involved to provide great scrutiny to the evidence presented in the extradition hearing.

Amnesty is urging Canadian authorities to ensure that there is rigorous scrutiny of any evidence brought against him. If Graham should be brought to trial in the US, Amnesty International will seek assurances that his right to a fair trial is fully respected.
~ Amnesty International – Statement on the arrest of John Graham, December 12, 2003

We are deeply concerned about the safety of Mr. John Graham and the legality of the procedures in Canada.
~ Günter Wippel, Menschenrechte (Human Rights) 3000, Germany, December 14, 2003

“My greatest fear is that the U.S. will use the same kind of flimsy and trumped-up evidence that they used against Leonard Peltier to justify the extradition of John Graham, a Canadian citizen, to the U.S.,” said Amnesty International member Bob Newbrook, a retired police officer who arrested Peltier in Alberta in 1976.
~As reported in The Province, December 05, 2003

John lost his fight against extradition and was taken into US custody on the charge of first degree murder.

Our Position

The evidence and testimony to be presented at trial is largely circumstantial and may well be the result of continued coercion and fabrication. Given the guilty plea by Thelma Rios (a sealed agreement where no time will be served in return for her plea), and the farcical results of the Arlo Looking Cloud trial (see “The Four-Day Trial of Arlo Looking Cloud” for more information), it is our belief that John Graham will not receive a fair trial in the United States.

We all grieve the tragic loss of Anna Mae Pictou-Aquash, and we do hope the truth about her death and the deaths of many others will someday be known.

We are also absolutely convinced of John’s innocence and believe this charge to be a continuation of a travesty of justice which has endured since Europeans began to colonize the Americas. In the 1970s this injustice led to the formation of AIM and other groups, and ultimately led to the death of Anna Mae and the persecution of John Graham.

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About joeyonly

Dr.Joey Only will knock you out...and do it with country music!!! HIYAAAAAA!! View all posts by joeyonly

2 responses to “JOHN GRAHAM SENTENCED TO LIFE IN PRISON

  • Maureen

    And John is being asked to pay $6.00 a day for his 2 year stay in Pennington County Jail. Beyond that, when he is sent to state Pen, they will charge $200.00 a month. I hate the U.S. “justice” system. His extradition was illegal as well, and seemingly, Canada’s position is “if Uncle Sam wants you, Uncle Sam gets you. We’ll just hand you over.” There has been no justice for Anna Mae. They basically made this trial about Leonard Peltier too, who of course has been unable to defend himself after spending over 30 years in jail. Shame.

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