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

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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.