Canadian objects to trial delay for 1975 killing

Sioux Falls, South Dakota (AP) 9-09

The second of two men charged in the 1975 slaying of an American Indian Movement activist from Canada opposes a prosecution request for another trial delay.

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

Graham was indicted in 2003 and Marshall in 2008, and their trials have been postponed several times.

Prosecutors say they’ve asked for a rehearing on the dismissal of one of the three counts against Graham and can’t proceed on the two remaining charges until that appeal is resolved.

Marshall’s attorney opposed the delay. And in a new court filing, so does Graham’s lawyer.

The judge has yet to rule.