FBI loses trial against former American Indian Movement member Richard Marshall
BLOG POST posted on May 12, 2010 by oshipeya
FBI loses trial against former American Indian Movement member Richard Marshall
Richard Marshall found not guilty of Anna Mae Pictou Aquash murder
Vancouver resident John Graham's trial set for July 6
By Oshipeya
Coast Salish Territory, Vancouver, Canada
May 12, 2010
An all-White jury in Rapid City, South Dakota, took less than two hours on April 22 to return a not-guilty verdict in the trial of former American Indian Movement (AIM) member Richard Marshall (of the Lakota Nation) in connection to the murder of fellow AIM member Anna Mae Pictou Aquash. The Federal Bureau of Investigation (FBI) claimed Marshall supplied the gun used to kill Aquash.
Aquash was a Mi’kmaq from Nova Scotia and a skilled organizer and warrior with AIM who was targeted and threatened with death by the FBI. When her body was found on the Pine Ridge reservation in South Dakota in February of 1976, the FBI tried to cover-up her identity and true cause of death by having her buried as an unknown “Jane Doe” who had supposedly died of exposure, despite an obvious bullet hole wound to her head. A second autopsy requested by family members revealed the murder. At the time, an FBI-supported death squad made up mostly of reservation police officers had killed some 60 members of AIM and traditional Lakota people on Pine Ridge. Other death squad murders had also been passed-off as death by exposure by the FBI’s pathologist and were not investigated.
As Aquash’s murder was exposed, the FBI told the media that AIM might have killed her because they suspected she was an informant. This was despite the fact that AIM never harmed confirmed FBI informants such as Douglass Durham, who had been AIM’s head of security.
One Pine Ridge cop and death squad member, Duane Brewer, even admitted in an interview that his fellow cop and death squad member, Paul Herman, may have killed Aquash. Herman had killed a teenage Lakota girl, Sandra Wounded Foot, in the same way, shooting her in the head and dumping her body in a remote part of the reservation. Instead of being charged with murder, Herman was charged with voluntary manslaughter and only sentenced to 10 years in prison for killing Wounded Foot. Herman was one of the cops on the scene when Aquash’s body was found.
The FBI’s case against Richard Marshall faltered at trial when their star witness, Arlo Looking Cloud of Pine Ridge, who was convicted in 2004 of aiding in the murder of Aquash, repeatedly contradicted his prior statements to law enforcement officers and those made by other people during his 2004 trial. He also admitted to repeatedly lying to law enforcement, as well as years of drug and alcohol abuse. Additionally, government offers of reduced jail time for testifying against AIM members were revealed.
The jury also did not believe the testimony of two paid FBI informants, journalist Serle Chapman and former AIM member Darlene Ecoffey (formerly Kamook Banks or Darlene Nichols), who had obvious financial motivation to lie about others. Nichols has been married for several years now to the primary investigator of the case, cop and former death squad member Robert Ecoffey.
Vancouver resident John Graham, a Southern Tutchone Nation member originally from the Yukon, is facing trial in July over the Aquash murder. He was formerly Richard Marshall’s co-accused but had his case separated and moved to South Dakota State court because the US federal government was shown by his lawyer to not have jurisdiction over him regarding a crime allegedly committed on the reservation. Graham’s new co-accused is fellow former AIM member, Thelma Rios, and the trial is scheduled to start July 6.
Arlo Looking Cloud has been expected to be the government’s star witness against Graham as well, but his total lack of credibility as further shown in Marshall’s trial brings into question how effectively the FBI will be able to use him from now on. A tape recorded conversation released to Graham’s defense also revealed that when asked who he should blame for the murder, Looking Cloud was explicitly told by Nichols to point the finger at Graham, further illustrating the FBI’s frame-up attempt.
The validity of Graham’s extradition from Vancouver to a South Dakota prison was recently called into question by his lawyer when a government document was newly revealed advising prosecutors that in this case they did not have federal jurisdiction, which they willfully ignored and concealed from the defense.
AIM member Leonard Peltier was extradited from Vancouver to the US based on fraudulent affidavits in 1976 and has made several public statements on the Aquash and Graham case and its connection to his own (which can be found at ourfreedom.wordpress.com). Peltier has said that he never took seriously the rumor that Aquash was an informant and that he believes she was killed because she was a skilled organizer and leader for indigenous people.
In 2009, then government attorney Marty Jackley admitted to the 8th Circuit Court of Appeals that the government might not be able to prove who pulled the trigger in the murder of Aquash. Jackley has since become the Attorney General of South Dakota.
The FBI is clearly trying to smear AIM and indigenous resistance while covering up their own deadly campaign of repression.
Graham’s family and legal defense campaign are in desperate need of funds to pay Graham’s lawyer and the expenses of witnesses to travel to South Dakota.
For more information see the following websites:
http://ourfreedom.wordpress.com
To send funds in support contact:
grahamdefense(at)hotmail.com
Fran Asp
15 Firth Road
Whitehorse, Yukon
Y1A 4R5
Canada
Tel: (867) 633-3513
* Secretary Treasurer (sister of John Graham),
John Graham Defense Committee.
To write to John in prison:
John Graham
Pennington County Jail
307 St. Joseph Street
Rapid City, SD 57701
USA
Article references:
The Life and Death of Anna Mae Aquash by Johanna Brand
Court Docket at http://grahamdefense.org/courtdocs/index.htm
Kevin McKiernan interview of Duane Brewer, quoted by Ward Churchill:
http://books.google.ca/books?id=nrCWZZJD48MC&pg=PA249
Rapid City Journal & Black Hills Fox News
The site for the Vancouver local of The Media Co-op has been archived and will no longer be updated. Please visit the main Media Co-op website to learn more about the organization.
Comments
they delayed trial until Nov
they delayed trial until Nov 29, 2010
Anna Mae Aquash Trial
To all false witnesses in the Anna Mae Aquash Murder Trials (you know who you are): There is no great honor in getting all wired up to spy on individuals for the purpose of entrapment. "Then there is the question of just what “bearing false witness” is supposed to entail. It seems as though it might have been originally intended to prohibit lying in a court of law. For the ancient Hebrews, anyone caught lying during their testimony could be forced to submit to whatever punishment would have been imposed upon the accused — even including death." In the end, Jehovah will judge all Jews, Christians, nations, tribes and peoples, including government officials who are employed by the FBI and BIA. EphesianSixTwelve
Femicide: Anna Mae
Truth of the matter is: (1) Anna Mae abandoned her two young daughters in Nova Scotia (2) Anna Mae had an intimate relationship with a married man, her best friend, Kamook Banks husband, AIM Leader, Dennis Banks. (3) Anna Mae clearly chose to stay with AIM, obviously, she approved of the "so-called-gun-in-her-mouth-abuse-group" (4) Anna Mae made bombs to hurt someone or something (5) Anna Mae is not a good example of a “warrior woman” she may be a better example of a “battered woman” or a “victim of femicide”. To follow her example is like “the blind leading the blind, where both will fall into the pit.” Consequently, its natural law, like gravity, what you do comes back to you. “Sow the wind, reap the whirlwind.” Hosea 8:7, Ephesians 6:12