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[UPDATED including Solidarity Information] John Graham Loses Appeal and Deported, Deprived of Family Visit
Contributed by ron collins on Fri, 2007-12-07 13:52.
In sections:
Canada's top court dismisses extradition appeal of suspect in U.S. slaying
Thursday, December 6, 2007 | CBC News
http://www.cbc.ca/canada/story/2007/12/06/scoc-application.h...
The Supreme Court of Canada has paved the way for the extradition of a Canadian man to the U.S. where he is accused in a decades-old slaying of an aboriginal activist.
John Graham's appeal of lower court rulings was dismissed by the top court on Thursday.
U.S. officials allege that Graham, a former Yukoner who now lives in Vancouver, and another man killed Anna Mae Pictou-Aquash in South Dakota.
Pictou-Aquash, a 30-year-old Mi'kmaq from Nova Scotia, and the two men were all members of the activist group American Indian Movement (AIM).
The group seized control of the village of Wounded Knee in 1973 and two years later the situation escalated into a violent confrontation with the FBI that led to the death of two agents.
Pictou-Aquash's body was found in 1976 with a bullet in her skull that a pathologist said indicated she was killed execution style.
Authorities alleged the AIM group ordered her killing on suspicions she was actually an FBI informant.
In 2005, Arlo Looking Cloud was convicted of first-degree murder in her death and sentenced to life in prison.
He told FBI agents in a videotaped statement shown in court that he saw Graham kill Pictou-Aquash, but later recanted saying he had been plied with alcohol and drugs.
Graham has maintained his innocence.
Graham's lawyers have argued that evidence against him is feeble. Lower courts agreed there were deficiencies in the record of the case provided by U.S. authorities, but said there was enough evidence to justify extradition.
In June 2006, he was ordered to be extradited, but that was stayed pending appeals.
As is usual for leave-to-appeal applications, the Supreme Court gave no reasons for its decision.
With files from the Canadian Press
*** 2nd Article ***
Family of 1975 slaying suspect shocked by swift extradition
Last Updated: Friday, December 7, 2007
http://www.cbc.ca/canada/nova-scotia/story/2007/12/07/graham...
The family of B.C. resident John Graham, who is accused in a decades-old murder in the U.S., say they are shocked and angry he was extradited without notice hours after the Supreme Court dismissed his appeal to stay in the country.
His daughter told CBC News she doesn't understand why the family wasn't given a chance to say their goodbyes, especially since he was already in custody.
"We weren't given anything. Nobody would hear anything. We just wanted to see our dad at least before he was extradited," said Naneek Graham, one of his eight children in Canada.
Early Thursday, the Supreme Court of Canada refused to hear Graham's appeal of a lower court ruling granting extradition. The top court did not provide a reason, as per usual for such applications.
Graham's lawyer, Greg DelBigio, told CBCNews.ca that there has been no formal confirmation, but he believes Graham was whisked from the North Fraser Pretrial Centre around 9 or 10 a.m. PT to South Dakota, hours after the court decision.
Graham, a former Yukoner who now lives in Vancouver, is accused of killing Anna Mae Pictou-Aquash, a Mi'kmaq activist from Nova Scotia, in 1975 during a time of protests in South Dakota by the American Indian Movement (AIM).
Graham's daughter says her father is being kept at Pennington County Jail in Rapid City, S.D., and he was scheduled to appear in court Friday afternoon.
U.S. prosecutors allege the 30-year-old woman was killed on orders from AIM because they believed she was an FBI informant.
Earlier in protests by the group, two FBI agents had been killed by the demonstrators who had seized control of the village of Wounded Knee.
U.S. authorities say Pictou-Aquash fled to Denver out of fear for her life, but then was allegedly abducted by Graham and others and brought back for questioning by AIM members.
Another man, Arlo Looking Cloud, was convicted of first-degree murder in Pictou-Aquash's death in 2005 and sentenced to life in prison.
Looking Cloud told FBI agents that he saw Graham kill the woman, but later recanted. Graham has maintained his innocence.
_____________________________________
December 8, 2007
Statement by Graham Family
The Canadian Supreme Court of Canada has denied the extradition appeal
made by John Graham. On Thursday morning, John was moved from the North
Fraser Pre-trial Centre in Port Coquitlam BC, to Rapid City South Dakota,
where he has been indicted for first degree murder of Anna Mae
Pictou-Aquash. Her body was found in 1976, in South Dakota.
On December 1, 2003, John was arrested in Vancouver, for indictments for
the first degree murder of Anna Mae Pictou-Aquash. In January 2004 he
began living under house arrest in Vancouver during his legal struggle
against the extradition. In 2005 the BC Supreme court approved John’s
extradition to South Dakota, based on positive identification of his
photos, despite discrepancies in his height, weight and race. The
Canadian/US Extradition Treaty does not challenge the evidence provided by
the country seeking extradition. Despite the fact that 3 of the 4
testimonies the US provided proved faulty, this was not taken into
consideration by the Canadian court. The fact that the US has no legal
jurisdiction over indigenous nations, especially one currently occupied by
British Columbia, was never brought up in court.
On June 26 2007, the BC Supreme Court dismissed his appeal and John Graham
turned himself in. He was transferred to North Fraser Pretrial, a high
security facility where he waited for the appeal decision on the Supreme
Court of Canada. We, his family, were granted one hour daily visits
separated by glass. While in the pretrial center he was treated as though
he’d already been convicted. He was not allowed to receive any books or
put up pictures.
We were not contacted when John was transferred from North Fraser Pretrial
to the airport and extradited to Rapid City SD. We were lead to believe
the John Graham would receive a personal message and be able to set up a
visit with the family before extradition. The family was not able to see
John before he was taken away. We were not allowed to say our good byes or
even give him his personal belongings.
His first court appearance was held December 7, 2007 in Rapid City, South
Dakota. John is now being held in the Pennington County Jail, where it
will take a week to get settled and have account and phone card to phone
his family. John Murphy was the appointed lawyer at the hearing and John
Graham pleaded Not Guilty.
The elders of the Yukon are praying for John’s safety, who is treated with
respect and a safe return home.
We are in need of financial support to mount a legal defense in South
Dakota, and support John and our family so that we can be there for him as
much as possible. If you are able to offer donations or other support in
Vancouver or Rapid City, please contact us at grahamdefense@hotmail.com or
www.grahamdefense.org .
------------------------------------
Please forward and show your support
Free John Graham!!!
****All supporters of John Graham are invited and encouraged to please show your support for John Graham and his family (more info below).****
FOR IMMEDIATE RELEASE
PRESS CONFERENCE BY FAMILY OF JOHN GRAHAM,
YUKON TUTCHONE NATIVE EXTRADITED TO THE UNITED STATES
==> Saturday December 8 @ 10:30 am at the Vancouver Art Gallery (Robson Side)
==> Press Conference with Statements from the family of John Graham and supporters
Friday December 7, 2007 – The family of John Graham and supporters of
John Graham will be making statements to the media about John Graham's
extradition to the United States on Thursday December 6, 2007 after a
refusal by the Supreme Court of Canada to hear Graham's appeal.
His supporters continue to criticize the unjust extradition process and
the allegations that Graham murdered Nova Scotia Mi'kmaq Anna Mae Pictou.
Former FBI regional director Norm Zagrossi has himself stated it "looked
like a cover-up" (CBC The Fifth Estate). Rex Wyler, Pulitzer-prize winning
journalist and author, has raised many doubts about the evidence against
John Graham.
John Graham has received support letters from a wide range of
organizations including Canadian Labour Congress, Native Youth Movement,
Chief Capilano of the Squamish Nation, BC Teachers for Peace and Global
Education, BC Hospital Employees Union, Stopwar.ca, Council of Yukon First
Nations, BC Federation of Labour. Amnesty International has also stated
concern about the lack of a fair trial.
Both the B.C. Supreme Court extradition judge and the B.C. appeal court
ruled there were deficiencies in the record of the case given to the
courts by U.S. officials. However the 1999 Extradition Treaty between the
United States and Canada lowers the burden of proof to include hearsay
evidence, which would not be admitted in a Canadian criminal court. Graham
and his lawyers have previously stated they would welcome a trial in
Canada, where the fake evidence could be exposed.
A key witness Arlo-Looking Cloud recanted his testimony stating that he
was coerced and under the influence of alcohol. Another prosecution
witness Kamook Banks admitted she was paid $43,000 to cooperate with the
FBI. One witness Al Gates that U.S. Attorney Robert Mandel stated would be
available for trial had been dead for nine months. Another witness Frank
Dillon has denied making any incriminating statements against Graham.
Supporters claim there are parallels to Leonard Peltier, who was
extradited from Vancouver in 1976 based on FBI affidavits signed by Myrtle
Poor-Bear, who claimed to be Peltier's girlfriend. It is now widely
reported that Poor-Bear had never met Peltier and had been intimidated by
the FBI. In 1979 former US solicitor general Warren Allmand acknowledged
this and formally apologized. 50 Canadian MPs have since submitted an
amicus curiae recognizing the grave mistake made in Peltier's extradition.
Between 1973-75, an estimated 67 American Indian Movement members or
associates were killed in South Dakota by Bureau of Indian Affairs police
and a paramilitary squad- Guardians of the Oglala Nation (GOON's). By this
time, the FBI had also targeted AIM with a counter-insurgency campaign
entitled COINTEL-PRO (Counter-Intelligence Program). COINTEL-PRO was also
used to target communist & socialist groups, the anti-Vietnam War
movement, and the Black Panther Party.
- 30 -
FFF - FIGHT FOR FREEDOM!
To write to John Graham, imprisoned at Pennington County Jail, address envelope as follows:
John Graham
307 St. Joseph Street
Rapid City, SD 57701
USA
To write or call the jail:
Pennington County Jail
307 St. Joseph Street
Rapid City, SD 57701
(605) 394-6116
To contact the sheriff's office:
Don Holloway, Sheriff
Pennington County
Sheriff's Office
300 Kansas City Street
Rapid City, SD 57701
(605) 394-6113
——————————————————————————————-
Graham pleads not guilty in Aquash slaying
Dec 7, 2007
Associated Press
RAPID CITY, S.D. (AP) Four years after he was arrested for the 1975 killing of a fellow American Indian Movement activist, 52-year-old John Graham pleaded not guilty today at his first appearance in Rapid City federal court.
Graham is charged with first-degree murder for the slaying of Anna Mae Pictou Aquash (PEEK’-too AHK’-wash) on the Pine Ridge Indian Reservation. Her body was found in February 1976.
Graham, a Canadian, had been in custody in British Columbia since June. He was extradited to the U.S. yesterday.
His court hearing took less than 15 minutes. A prosecutor told a magistrate judge that Graham is a flight risk and needs to be detained. Graham was sent to the Pennington County Jail.
Rapid City lawyer John Murphy was appointed to represent Graham.
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Public Statement on Ward Churchill and John Graham
Public Statement on Ward Churchill and John Graham
By some of John Graham's supporters in Vancouver, Coast Salish Territory
December 2007
John Graham and Arlo Looking Cloud, former members of the American Indian
Movement, are currently being framed with the 1975-76 murder of AIM leader
Anna Mae Pictou Aquash. Looking Cloud has already been convicted and
sentenced in South Dakota to life in prison. Graham is in prison in
Vancouver awaiting the final word on his extradition appeals. John Graham
lives in Vancouver and has strong support from indigenous sovereigntists
here and in other parts of British Columbia. The support campaign for John
Graham is one of the main elements of indigenous resistance organizing in
Vancouver.
Ward Churchill has made repeated contentious statements regarding the case
against John Graham. On October 28, 2007, a few non-Native anti-poverty
activists brought Ward Churchill to Vancouver for a forum on anti-Olympics
organizing. These people were not representatives of the indigenous
resistance movement in Vancouver and this event negatively impacted local
grassroots Native organizers.
The Anti-Poverty Committee (APC) asked one indigenous organizer for
support of the event beforehand and although APC also tried to contact the
John Graham Defense Committee about participation in the event, they did
not meaningfully consult key people such as John Graham, his family and
his defense committee, or other Natives involved in anti-Olympics
organizing. Two other Natives involved in the event were not informed of
the contention around Churchill until that night and even then were only
informed by those who had come to challenge Churchill.
In 1999, Ward Churchill was part of a press conference in Denver,
Colorado, with Robert Branscombe and Russell Means, the purpose of which
was for Branscombe to publicly name Graham (AKA John Boy Patton) and
Looking Cloud as Anna Mae's killers.
During the press conference, Branscombe claimed that some AIM leaders,
including Leonard Peltier, had been aware of what happened to Anna Mae as
far back as March of 1976. Branscombe also admitted to working on the case
with Denver police officer Abe Alonzo, while Russell Means admitted to
working with long-time law enforcement agent Robert Ecoffey. Now a
self-proclaimed graduate of the FBI academy, Ecoffey took part as a Bureau
of Indian Affairs (BIA) cop in the June 26, 1975, FBI and BIA attack on an
AIM camp at Pine Ridge, South Dakota, leading to the deaths of two FBI
agents and AIM warrior Joe Stuntz Killsright. This event became known as
the "Incident at Oglala" for which Leonard Peltier was extradited from
Canada based on FBI-falsified affidavits and sentenced to two life terms
for killing the agents in a frame-up trial in North Dakota. Ecoffey also
testified against Peltier at that trial. In 2004, Ecoffey testified as a
government witness against Looking Cloud.
Also during the press conference, Branscombe said that he was not an FBI
agent as Leonard Peltier had claimed in a recent statement. This was in
reference to a public letter Peltier had released in September of 1999, a
few days before the Denver press conference, in which Peltier said that
Branscombe had visited him in prison in 1998 and offered him his freedom
in exchange for signing a false affidavit against Graham, which Peltier
refused to do. Peltier wrote that, because of their actions, neither
Branscombe nor Ecoffey could be trusted to investigate Anna Mae's murder,
but he did not specifically say Branscombe was an FBI agent in this
letter.
Despite these damaging FBI-based accusations and actions against AIM
members on the part of Branscombe and Ecoffey, Churchill still went ahead
and spoke at the 1999 Denver press conference after Means and Branscombe.
Churchill did not counter the FBI-fed disinformation that Branscombe and
Means were spouting.
Churchill's books and writing have also contributed to the FBI
disinformation campaign around Anna Mae's murder. In the 1990 COINTELPRO
Papers, Churchill wrote;
"The FBI, apparently proceeding on the belief that the bad-jacketing
efforts undertaken against Aquash by certain of the Bureau's provocateurs
(notably Douglass Durham and Darryl 'Blue Legs' Stewart) may have caused
her death, has consistently – and without success – attempted to build
a case that AIM members executed her as a 'suspected informer.'"
Churchill then made a complete 180-degree turn in the 2002 introduction to
the second edition of Agents of Repression;
"Given that Aquash was demonstrably bad-jacketed by FBI provocateur
Douglass Durham in the months before her death, it has always been
generally understood that she had fallen victim to this most-refined and
insidious of the Bureau's many 'political neutralization' tactics.
Suspicions have remained rife in AIM circles, moreover, that the role of
FBI personnel was far more direct than merely setting the victim up to be
murdered."
He goes on to write that, "Such views were bestowed with a peculiar but
substantial appearance of confirmation" when Robert Branscombe held a
press conference in Ottawa on September 16, 1999, naming Graham and
Looking Cloud as the killers, and when he repeated this at the Denver
press conference in November of 1999.
In addition, Churchill's solidarity network website, wardchurchill.net,
used for coordinating his speaking tours, still hosts audio files of two
Native America Calling radio shows first aired the days of and after the
1999 Denver press conference, including interviews with Branscombe and
Churchill, during which Churchill called for two Grand Juries to be
convened on the case. The multiple Grand Juries that were convened before
and after the press conference contributed to the 2003 arrests of Graham
and Looking Cloud based on FBI fabrications and coercion. Looking Cloud's
2004 trial was also used by FBI-paid informant and former AIM member
Darlene Nichols to accuse Peltier of admitting to his involvement in the
killing of the two FBI agents in 1975. After the trial, Nichols married
so-called investigator Robert Ecoffey.
The recent Vancouver event with Churchill was supposed to raise awareness
of the No 2010 Olympics Convergence. Yet Graham's supporters and Native
anti-Olympics organizers see his case as intrinsically linked to the
Olympics. The land struggle in Pine Ridge and the Black Hills in the early
1970s, when Anna Mae and more than 60 other AIM members and associates
were killed, was largely over uranium mining and other resource
exploitation. Graham participated in resistance there at that time. He
also continued to be involved in anti-uranium mining actions and
organizing across Canada and Europe in the 1980s. The Olympics is just one
claw in a massive government and corporate land grab that has been
introduced simultaneously with the acceleration of mining exploration and
a lift on the moratorium against uranium exploration in BC.
The No 2010 Convergence (a project of the Anti-Poverty Committee) gave
Graham's supporters 10 minutes at the beginning of the event to challenge
Churchill. Chusia Graham spoke about her father's case while other
supporters of Graham attempted to get Churchill to answer to the 1999
Denver press conference and the nature of the investigation carried out by
Ecoffey and his FBI partners. Churchill seemed more interested in
attempting to belittle and humiliate those who would question him. He has
yet to respond directly to challenges about his participation in the 1999
press conference, the dire consequences of the subsequent Grand Juries, or
his other writings that support the FBI fabricated story that AIM
conspired to kill Anna Mae with Looking Cloud and Graham as the trigger
men.
It was the FBI, BIA cops and members of the self-proclaimed "Goon" death
squad who initially tried to cover-up Anna Mae's death as that of an
unidentified woman who had succumbed to "exposure", despite an obvious
bullet hole wound to the head that was leaking blood and despite the fact
that FBI agent David Price or other people on the reservation who knew
Anna Mae could have easily identified her. We must also always remember
that Anna Mae was one of over 60 traditional indigenous people killed by
the FBI-backed death squad that operated on Pine Ridge in the 1970s and
that these murders paved the way for the further corporate theft and
destruction of Lakota land.
Honour Anna Mae Pictou Aquash
Free John Graham and Leonard Peltier
Information:
http://www.grahamdefense.org
http://ourfreedom.wordpress.com