[IPSM] John Graham updates

[Devin Butler Burke]

2 articles/statements on John Graham's extradition

(1) B.C. judge allows extradition in AIM killing (Canadian Press)

(2) John Graham Defense Committee Update

(1) B.C. judge allows extradition in AIM killing
Monday, February 21, 2005 Updated at 2:28 PM EST
Canadian Press

Vancouver -- A B.C. Supreme Court judge has recommended that John Graham
be extradited to the United States to stand trial in the murder of a woman
in South Dakota almost 30 years ago.

As Justice Elizabeth Bennett read her decision on Monday, Mr. Graham sat
with his arms crossed, often leaning forward as he intently listened to
the ruling.

Mr. Graham, 49, was arrested in December, 2003, for the first-degree
murder of Anna Mae Pictou Aquash, a fellow activist in the American Indian
Movement.

Ms. Aquash, a Mi'kmaq from Nova Scotia, was shot in the back of the head
at the Pine Ridge Indian Reservation in South Dakota, where her body was
discovered on Feb. 24, 1976.

Mr. Graham has said he had nothing to do with Ms. Aquash's death, that the
two met in Minneapolis and struck up a friendship as young AIM members and
fellow Canadians.

Although the judge has committed Mr. Graham for extradition, the formal
order will not come until March 2 at the request of Mr. Graham's lawyer.

People in the court broke down in tears and hugged when the judge reached
the key part of her decision that recommended that Mr. Graham be
extradited. The final decision on whether he is sent to the U.S. to stand
trial rests with federal Justice Minister Irwin Cotler.

Under Canada's Extradition Act, Judge Bennett had to consider whether
there was enough evidence to commit Mr. Graham to trial had the offence
occurred in Canada.

The FBI has implied that Ms. Aquash was murdered because AIM leaders
believed her to be an informant for them during a volatile period between
law-enforcement officials and natives fighting for territorial rights.

Arlo Looking Cloud, Mr. Graham's co-accused, was convicted of first-degree
murder last year and sentenced to life in prison.

Mr. Looking Cloud told FBI agents in a videotaped statement shown in court
that he saw Mr. Graham kill Ms. Aquash. He later recanted, saying he had
been plied with alcohol and drugs.

But Denise Maloney Pictou, Ms. Aquash's daughter, testified at the trial
that Mr. Looking Cloud confessed to her and her sister in an April, 2002,
phone conversation about seeing Mr. Graham shoot their mother with a
.32-calibre revolver.

Mr. Graham's lawyer, Terry LaLiberté, has disputed a claim by U.S.
prosecutors that Mr. Looking Cloud is willing to testify that Mr. Graham
actually pulled the trigger.

Mr. Graham's three-decade saga has pitted natives against each other on
both sides of the issue in Canada and the United States.

Some believe that decades of poor race relations between natives and the
U.S. government mean Mr. Graham would be doomed to a fate similar to
Leonard Peltier.

Canada extradited Mr. Peltier home to the United States in 1976 after he
was accused of killing two FBI agents on what was later revealed to be
false evidence.

But Ms. Maloney Pictou has said comparing Mr. Peltier's case and Mr.
Graham's is a moot point, that race relations today have no relevance to
what went on in the 1970s.

Mr. Peltier, who remains in prison in Leavenworth, Kan., after 29 years,
withdrew his support of Mr. Graham earlier this year.

Mr. LaLiberté has said the United States seems to have produced witnesses
where there were none for so many years.

"They tried several times to get indictments but could not get them," he
said, adding the United States has produced flimsy evidence to get his
client extradited to face a trial.

* * * * * * * * * * * * * * * * * *

(2) John Graham Defense Committee Update
Monday, February 21, 2005

Dear friends and supporters,

John Graham returned to court today for the final decision of B.C. Supreme
Court Justice Bennett, with respect to John's extradition. After issuing
critical words to the Crown (representing the U.S.) regarding the
weaknesses and inadequacies of the case against John, she ultimately
decided she could not rule against the extradition request, relying
largely on the hearsay testimony of John Trudell when making her decision.

The official order will not be made until March 2 at 9:00 AM. At that
time, John will be remanded briefly into custody -- most likely for two or
three hours -- while his lawyers file for his appeal, after which John
will remain free to help prepare his appeal.

The courtroom was filled with supporters who shed tears and embraced each
other when the judge announced her decision. Following the judgment,
chanting could be heard from supporters gathered outside, protesting
John's extradition and carrying banners which read, "Free John Graham" and
"Don't let the Canadian government extradite another innocent man."

While today's decision is disappointing news, we have already recognized
the judge's limited powers to oppose an extradition request by the U.S. In
anticipation of this decision, these hearings have been very helpful for
preparing the key arguments for appeal.

Anyone who has paid attention to these proceedings has seen the sloppy and
suspicious evidence provided by the U.S., which includes a dead witness
who was certified as available to testify; the promise of testimony which
is entirely contradicted in that witness's previous Grand Jury testimony;
and an affidavit from the only alleged eyewitness declaring his refusal to
testify, while asserting he was coerced by investigators -- a familiar
experience in the related history of fraudulent FBI affidavits.

An affidavit was also sworn by Leonard Peltier just a few weeks ago,
describing how he was promised his freedom in return for providing false
testimony against John.

These hearings have also helped to inform and educate more people about
the shameful and shoddy case against John Graham. Where a concern may have
existed in the hearts of many regarding the ability for an Indigenous man
to receive a fair trial in South Dakota, there is now little doubt that
the case against John is false and fraudulent.

The U.S. government's concern over the errors and weaknesses revealed in
their case may be evident in the eleventh-hour change of the Crown
prosecutor. A new prosecutor was appointed last week to represent the U.S.
in the coming proceedings.

Those of us seeking truth and justice in this matter view this case and
the current extradition process as a clear continuation of the U.S.
government's harassment and abuse of Native Americans.

On the positive side, we also view this process as a powerful opportunity
to raise awareness about the actions of the FBI, which are directly
related to the death of Anna Mae Aquash and scores of Native Americans,
and the wrongful imprisonment of Leonard Peltier.

The Road Ahead

In preparation for the struggle ahead, we are planning two campaigns:

- One campaign is a request for letters to the editors of your local
newspapers. Keeping our concern for truth and justice in the public eye is
extremely important. We must let the people and the government of Canada
know our opinions about this case, and the reasons for concern as it
relates to John Graham and Canada's very sovereignty.

- The other campaign is a call for letters to Canada's Justice Minister
Irwin Cotler. The final decision on whether John is sent to the U.S. rests
with Minister Cotler. Your letters will be very important.

We will be preparing outlines for these two campaigns soon, and will
include key points for your letters.

Spreading the Word

We believe in our common strength, as we strive together in the pursuit of
truth and justice. The more voices we can gather, the louder our chorus
will be. Please forward this update to your friends, family, and all those
who may wish to help.

If you have received this e-mail from a friend, and would like to receive
our updates, please send your request to info at grahamdefense.org . We'll be
happy to add your e-mail address to our update list, and will safeguard
your e-mail address for this purpose only.

Finally, your e-mails and prayers of support of deeply appreciated. John
is most grateful for your love and concern, as are we all. Thank you for
your continuing support and action. Our belief that justice will prevail
against the oppressive acts of the U.S. government continues to burn
brightly, and is made ever brighter by your support.

In truth and justice,

Matthew Lien
John Graham Defense Committee
info at grahamdefense.org  
www.grahamdefense.org