1975 AIM slaying gets St. Louis appeal hearing

Rapid City, South Dakota (AP) 4-09

The U.S. attorney for South Dakota and a defense lawyer argued an appeal in the 1975 slaying of a Canadian woman April 15 – a month before the case goes to trial.

John Graham is one of two men indicted on charges they killed or aided the murder of fellow American Indian Movement member Annie Mae Aquash.

Days before Graham was to stand trial in October, a federal judge threw out the indictment because grand jurors didn’t consider whether Graham or Aquash belonged to a federally recognized tribe or were considered Indians under U.S. law. Both were Canadian Indians.

The 8th U.S. Circuit Court of appeals in St. Louis granted the prosecutor’s request for a hearing on his appeal of that ruling.

Graham and co-defendant Richard Marshall stand trial starting May 12 in Rapid City.