Turtle Talk

This week, John Graham (aka John Boy Patton) stands trial for the murder of Anna Mae Aquash.  Graham is from the Tsimshian tribe in the Yukon.

In 1975, Anna Mae Aquash (Pictou), a Mi’kmaw Indian from Nova Scotia, Canada and a member of the American Indian Movement, was shot execution style in the back of the head in the South Dakota Badlands.  It was erroneously believed that she was an FBI informant.  For those interested, here’s a useful chronology of her life and the events leading up to her death.

Almost thirty years later, in 2004, Arlo Looking Cloud was convicted in federal court of being an accomplice  to her murder and received a mandatory life sentence.  Here’s his 2005 denied appeal out of the 8th Circuit, which provides a good overview of his involvement.

Probative value of evidence of defendant’s membership in an American Indian group and history of group’s violent activities was not outweighed by danger of unfair prejudice, in prosecution for first degree murder; the victim was member of same group, prosecution’s theory was that victim was killed because defendant and other influential members of the group suspected that she was a government informant, evidence of group’s activities provided a context for the murder offense, showed how loyal its members were, and depicted the history of conflict between the group and the federal government, and there was low risk that, from evidence of mere membership in the group, the jury would associate violent activity with defendant.

In May of this year, Dick Marshall was found not guilty for aiding and abetting in the murder; he was accused of providing the handgun which was used. 

Prosecutors had tried to prove that Marshall, 59, provided the handgun used to kill Aquash, who some in AIM believed was a government informant.

Arlo Looking Cloud, who was convicted in 2004 of her murder and is serving life in prison, was the government’s key witness. After years of denying that he, John Graham, Theda Clarke and Aquash had stopped at Marshall’s home in Allen just hours before Aquash was killed near Wanblee, Looking Cloud came forward in 2008 to say they had stopped in Allen and that Marshall had given them a handgun.

On the witness stand last week, Looking Cloud claimed he did not tell the story sooner because he was afraid of Marshall.

In early November of this year, Thelma Rios pleaded guilty and received a suspended sentence.  Rios was originally to go on trial with Graham but now her plea could prove pivotal to Graham’s prosecution.

Rios, 65, admitted to 7th Circuit Judge Jack Delaney that she had relayed a message in December 1975 to fellow AIM members in Colorado, telling them that Aquash, then 30, was to be brought from Denver to Rapid City. Rios also said she had provided her Rapid City apartment for “purposes related to Annie Mae.”

When Delaney then asked Rios if she had ever heard discussions over whether Aquash — whom some in AIM believed was a government informant — should be “offed,” Rios replied, “Yes, sir.”

Apart from Theda Clark, who has been deemed unfit to stand trial due to her health (she is in a nursing home suffering from Alzheimer’s), John Boy Patton (Graham) is next up to bat.    

The Montreal Gazette published a succinct summary of his alleged involvement.  And here’s an Associated Press snippet that just came in this morning.

RAPID CITY, S.D. (AP) – Jury selection continues Tuesday in the murder trial of a man accused of killing an American Indian Movement activist 35 years ago.

John Graham is being tried in state court for the murder of Annie Mae Aquash. Prosecutors say Graham shot Aquash in the head in late 1975 and left her to die on South Dakota’s Pine Ridge reservation.

On Monday, Graham’s attorney, John Murphy, quizzed potential jurors on whether they knew anybody involved in the case or had read anything about it. The case has at least 40 potential witnesses and has been covered in several books. Attorneys excused several people who said they had already formed opinions about the case.

Opening statements are expected Wednesday, and the trial will likely last 2 1/2 weeks.

As the trial unfolds, it should be interesting to see if Graham will finger some higher-ups in the A.I.M. organization.  Though it’s highly unlikely.  Stay tuned!