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Rapid Reports (Dec. 01)<br><br>
UPDATES:<br><br>
Witnesses Testify in Graham Trial, Judge Decides Marshall Must
Too<br><br>
RAPID CITY -- Judge Jack Delaney has ruled that Richard Marshall
must<br>
testify. The ruling came at 9:30am this morning. Dana Hanna, attorney
for<br>
Richard Marshall, argued that the prosecution is only calling Marshall
to<br>
the stand so that they may later charge him with perjury. Perjury is
a<br>
parole violation and as Marshall is on life time parole he would be<br>
incarcerated until the time of trial. If found guilty, this would be<br>
Marshall's third strike, committing him to life in prison.<br><br>
Hanna argued that the perjury charge was the State's "contingency
plan all<br>
along."<br><br>
Judge Jack Delaney said that to prove the case the state likely
needs<br>
Marshall's testimony and that he does not have to perjure himself by<br>
taking the stand. Hanna says that Marshall will take the stand and
tell<br>
the truth, but that his understanding of the facts conflicts with
the<br>
government's view.<br><br>
Opening statements were given at 10:00am by both Marty Jackley,<br>
prosecuting attorney, and John Murphy, attorney for John Graham.<br><br>
The afternoon session opened with witness testimony from Roger Amiotte,
a<br>
rancher who found the body of Anna Mae. John Munis (FBI agent
1968-1996),<br>
William Wood (FBI agent 1966-1997), Nathan Merrick (BIA 1971-1994)
and<br>
Raymond Charles Handboy also testified today.<br><br>
The testimony of all witnesses ran fairly similar to what they stated
in<br>
the Arlo Looking Cloud Trial of 2004, with some additions and
variance.<br>
This time, Raymond Handboy said that he did hear Anna Mae Aquash
express<br>
fear of the police or FBI.<br><br>
Marty Jackley told the jury that AIM ordered Anna Mae murdered
because<br>
they believed her to be an informant. Anna Mae was never a
government<br>
informant and the State admits this. In fact, when she would not give
the<br>
FBI the information they wanted, she told friends that FBI Agent
David<br>
Price had threatened her with her life.<br><br>
In the 1970's, a real informant was discovered within AIM, his name
was<br>
Douglas Durham. When his role as informant was uncovered he was not<br>
murdered, instead he was made to give a press conference detailing
his<br>
relationship with the FBI.<br><br>
Murphy's line of questioning with former FBI Agent William Wood<br>
established that American Indian Movement lawyers and the FBI were<br>
simultaneously trying to exhume the unidentified body of Anna Mae
Aquash<br>
in early March, 1976. Murphy also questioned Wood, and later, Nathan<br>
Merrick about a suspicious phone call about a possible hit and rum
victim<br>
in the time before and at a similar location to where the body of Anna
Mae<br>
was found on February 24th, 1976.<br><br>
Court resumes tomorrow at 8:30 am.<br><br>
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