Lawyer in AIM slaying wants presentence report on Arlo Looking Cloud

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By Carson Walker
Sioux Falls, South Dakota (AP) 12-08

The lawyer representing one of two men charged with killing a woman on the Pine Ridge Reservation in 1975 wants to see the pre-sentence report of the third man already convicted of the crime.

John Graham and Richard Marshall have pleaded not guilty to charges they committed or aided and abetted the first-degree murder of Annie Mae Aquash.

 John Graham

They are scheduled to stand trial in Rapid City starting Feb. 24, which is 33 years after her body was found in the Badlands near Wanblee.

Marshall was indicted in August, five years after Graham and Arlo Looking Cloud were initially charged.

Looking Cloud was convicted in 2004 for his role in Aquash’s murder and sentenced to life in prison.

Witnesses at his trial said he, Graham and Theda Clarke drove Aquash from Denver in late 1975 and that Graham shot Aquash in the Badlands as she begged for her life.

Clarke, who lives in a nursing home in western Nebraska, has not been charged.

Graham has denied killing Aquash but acknowledged being in the car from Denver.

They were all American Indian Movement members.

dick_marshal08.jpg
 Dick Marshal

Marshall’s lawyer, Dana Hanna, filed a motion asking to view Looking Cloud’s pre-sentence investigation report in a judge’s presence to determine if any information in it challenges his credibility should he testify against Marshall.

Hanna wrote that out of more than 5,000 pages of evidence and reports and testimony from the case, Looking Cloud for the first time this year accused Marshall of giving a gun to Clarke, which led to the indictment against his client.

“Arlo Looking Cloud and his credibility will be the fundamental issue for the jury to decide in the case against Richard Marshall. Therefore, any evidence that can be used to impeach and discredit Looking Cloud’s honesty or reliability as a witness is exculpatory and favorable evidence for Richard Marshall,” he wrote.

The pre-sentence report likely contains such evidence, including information on Looking Cloud’s previous convictions and his history of and treatment for mental disorders and alcohol and drug abuse, which “goes to his memory and ability to perceive and communicate facts accurately,” Hanna wrote.

Such reports usually are not made public, but Hanna argued he is entitled by law to view it privately in the “interests of justice.”

 



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