The upcoming trial of John Graham and Richard Marshall is just too much…it should be a study at Harvard Law in what is wrong with our legal system…people getting convicted…spend years in jail…and this murder case is so layered with corruption it is mind boggling. Layer after layer of lies and finger pointing by the FBI trying to get convictions while taking no responsibility for their own COINTELPRO tactics which lead to the death of Anna Mae Aquash….AIM leaders who descended into a haze of paranoia now turn on each other each with their own story of what happened and who pulled the trigger. I can’t imagine with all of the who dunnits how in this case justice can ever be served.

From Heidi Bell Geise at RAPID CITY JOURNAL

The defense has asked a
federal judge not to allow convicted murderer Arlo Looking Cloud to
testify at the Feb. 16 murder trial of Richard “Dickie” Marshall and
John Graham, saying Looking Cloud intends to provide false testimony
about the 1975 slaying of American Indian Movement activist Annie Mae

Dana Hanna, who represents Marshall, filed the motion in U.S. District
Court last week. Hanna said the government’s key witness would be
Looking Cloud, who was tried and convicted of first-degree murder in
2004 in connection with Aquash’s death.

At Looking Cloud’s trial, Richard Two Elk testified that Looking Cloud
had admitted to him that he handed a gun to Graham at the murder scene
and that Graham then used that gun to murder Aquash.

“I have subpoenaed and listened to tape recordings of telephone calls
made by Looking Cloud from jail, after he agreed to testify for the
government in August 2008, in which he tells his wife, relatives and
friends that he views his testimony in Mr. Marshall’s trial as an
opportunity to convince the triers of fact and the court that he was
wrongly convicted of Aquash’s murder,” Hanna wrote in the motion.

“In those conversations, Looking Cloud has repeatedly told his wife,
his relatives and his friends that when he testifies as a government
witness in the trial, he will testify that he was innocent of aiding
and abetting Aquash’s murder, that he had no intent to murder her, and
that he was wrongly convicted in his trial, which he has characterized
as a ‘kangaroo court,’” the motion reads. “It is evident from these
conversations that Looking Cloud intends to falsely testify that he
had no criminal intent to help murder Aquash and that he was innocent
of the murder for which he was convicted.”

Hanna said government prosecutors know or should know that Looking
Cloud intends to commit perjury when he is cross-examined. He has
asked for a pre-trial evidentiary hearing.

Looking Cloud is serving a life sentence. In his motion, Hanna also
noted that Looking Cloud has filed a motion to set aside his 2004
conviction, claiming he was wrongfully convicted due to ineffective
counsel and government misconduct.

If Looking Cloud were to be granted a new trial, anything he might say
on the stand at the upcoming murder trial could be used against him in
a new trial.

“It is therefore entirely foreseeable that Looking Cloud will continue
to deny his guilt and intent to murder Aquash if he is allowed to
testify in Mr. Marshall’s trial,” Hanna wrote.

U.S. District Court Judge Lawrence Piersol has not ruled on whether he
will schedule a pre-trial hearing on the matter.

Contact Heidi Bell Gease at 394-8419 or

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