1975 Pine Ridge killing defendant refused freedom

Rapid City, South Dakota (AP) 6-09

One of two men charged with killing fellow American Indian Movement member Annie Mae Pictou Aquash in 1975 has been denied freedom a second time.

A federal magistrate judge says Richard Marshall must stay in the Rapid City jail until his trial.

He and John Graham pleaded not guilty to charges they committed or aided and abetted the murder of Aquash near Wanblee in December of 1975.

Their trial was scheduled for last month but the judge threw out one of the key counts and prosecutors appealed, so the trial was delayed until that ruling is returned.

The prosecution theory is that Marshall provided the gun Graham used to kill Aquash.

Judge Veronica Duffy first denied Marshall’s request for release in April and rejected his motion for reconsideration June 5.