Judge says US didn’t needlessly delay charges

Sioux Falls, South Dakota (AP) 9-09

The judge handling the 1975 slaying of an American Indian Movement activist from Canada says a 33-year delay in charging one of the defendants is not reason to dismiss the case.

Richard Marshall and John Graham are to stand trial Oct. 6 in Rapid City on charges they committed or aided and abetted the murder of Annie Mae Aquashon the Pine Ridge Reservation.

Marshall’s lawyer earlier asked for a dismissal because of the long delay.

But U.S. District Judge Lawrence Piersol denied that, saying there’s no indication government lawyers recklessly or intentionally delayed the indictment.

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

Arlo Looking Cloud was already convicted for his role.