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UPDATE: December 10, 2010<br><br>
Jury Convicts John Graham: Land Defender Faces Life in Prison:<br><br>
Friday afternoon, a South Dakota jury found John Graham guilty of
murder<br>
in the second degree. John Graham has been found guilty of felony
murder<br>
in the kidnapping of Anna Mae Aquash, his friend and comrade in the<br>
American Indian Movement (AIM). Anna Mae Aquash was murdered in the<br>
1970's, in an execution style killing in South Dakota.<br><br>
The jury acquitted Graham of premeditated murder, the first-degree
charge.<br>
But even the lesser charge of second degree murder carries a sentence
of<br>
life in prison.<br><br>
Earlier today, a jury foreman told the Judge that they could not come to
a<br>
unanimous verdict on one of the charges. Around an hour later, the
jury<br>
had reached it's verdicts.<br><br>
In felony murder cases, the prosecution does not have to prove that
the<br>
accused actually killed anyone, instead the accused is found
criminally<br>
liable for any deaths that occur during or in furtherance of a felony.
In<br>
this case the felony is the kidnapping charge. For instance, if two
people<br>
are robbing a bank and one of them is killed, the getaway driver can
then<br>
be convicted of felony murder.<br><br>
On Wednesday, John Murphy, lawyer for the defense, let the defense
rest<br>
without calling a single witness. According to the Associated
Press,<br><br>
"Murphy then asked Judge John Delaney to dismiss the charges,
arguing that<br>
prosecutors hadn't proven enough of their case beyond Looking
Cloud's<br>
statements.<br><br>
Delaney disagreed and denied the motion. Murphy asked again for a<br>
dismissal Wednesday after resting his case, but Delaney said he would
not<br>
change his ruling."<br><br>
Anna Mae Aquash was an indigenous warrior who fought for the land
and<br>
people. She fought for the survival of native ways of life by teaching
in<br>
AIM Native American Survival Schools and taking part in numerous
armed<br>
land occupations.<br><br>
According to this weeks' testimony of witness Candy Hamilton, Anna
Mae<br>
feared for her life due to threats from the FBI. Hamilton stated in
court<br>
that, "I don't know that (FBI Agent David Price) pulled the trigger,
but I<br>
think he could make it happen." Arlo Looking Cloud, convicted in
2004 on<br>
murder charges related to the case, testified that he saw John Graham
kill<br>
Anna Mae Aquash. Murphy insinuated Looking Cloud gave false testimony
in<br>
order to receive reduced time in prison.<br><br>
Anna Mae once said, “I am not a citizen of the United States or a ward
of<br>
the Federal Government, neither am I a ward of the Canadian government.
I<br>
have a right to continue my cycle in this Universe undisturbed.” As
Anna<br>
Mae did not recognize the authority of the United States, or any
colonial<br>
government, the persecution of John Graham in her name is in
contradiction<br>
to her own ideas. Reliance on the courts reinforces the legitimacy of
the<br>
United States justice system, a system which legalizes the
displacement<br>
and destruction of indigenous people across this land.<br><br>
Justice, for Anna Mae, could not take place within the courts, for, in
her<br>
own words, "Jails are not a solution to problems."<br><br>
John Graham is currently being held in Pennington County Jail in
Rapid<br>
City. He is awaiting sentencing. After sentencing, it is expected he
will<br>
be transferred to a state penitentiary.<br><br>
References:<br>
-Associated Press<br>
article:<a href="http://www.newsday.com/news/nation/defense-rests-quickly-in-reservation-slaying-trial-1.2526648" eudora="autourl">
http://www.newsday.com/news/nation/defense-rests-quickly-in-reservation-slaying-trial-1.2526648<br>
<br>
</a>-Quotes from Anna Mae: ourfreedom.wordpress.com<br><br>
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