[IPSM] Former AIM member loses extradition appeal

[nora butler burke]

Former AIM member loses extradition appeal

ROD MICKLEBURGH

>From Wednesday's Globe and Mail

June 27, 2007 at 5:15 AM EDT

VANCOUVER ? Echoes from the turbulent and often
violent conflicts that consumed the militant American
Indian Movement in the 1970s continue to resound in
the courtrooms of British Columbia.

Yesterday, the B.C. Court of Appeal upheld the
extradition of former AIM member John Graham to stand
trial in South Dakota in the chilling murder more than
30 years ago of Canadian Mi'kmaq Anna Mae Aquash.

After the decision, to the evident distress of his two
adult daughters sitting in the courtroom, Mr. Graham
was taken into custody to await transport to the
United States, pending a possible final appeal to the
Supreme Court of Canada.

According to U.S. authorities, Mr. Graham executed Ms.
Aquash as she wept and prayed for her life on a
desolate corner of the Pine Ridge Reservation on a
wintry South Dakota night in 1975.

Her death was allegedly ordered by AIM leaders who
believed that the 30-year-old mother was an informer
for the Federal Bureau of Investigation.

A U.S. federal jury convicted Arlo Looking Cloud of
murder three years ago for his role in the killing. He
has told authorities that he looked on while Mr.
Graham shot Ms. Aquash in the back of the head.

Mr. Graham and his many supporters argue, however,
that he is being framed by the FBI, as they believe
well-known native activist Leonard Peltier was.

Mr. Peltier, currently serving a life sentence for the
murder of two FBI agents killed during a 1975 shootout
with AIM at Pine Ridge, also fought a long,
unsuccessful battle to avoid extradition from B.C.

In a case that continues to arouse emotions today, the
main evidence used to extradite Mr. Peltier was a
sworn affidavit by native Myrtle Poorbear that later
proved to be false. Many, including Amnesty
International, have called for Mr. Peltier's release.

AIM was the focus of worldwide attention in those days
after rifle-toting natives seized Wounded Knee
reservation in 1971, keeping federal agents at bay for
71 days.

Over time, however, the militant movement bogged down
in bitter divisions. Some of the statements used
against Mr. Graham came from former members and
leaders of AIM. They said that Mr. Looking Cloud told
them Mr. Graham was involved in the murder of Ms.
Aquash.

Court of Appeal Judge Ian Donald referred to the
statements in upholding Mr. Graham's extradition to
stand trial.

"In my opinion, a properly instructed jury acting
reasonably could convict on the evidence that [Mr.
Graham]...carried out [Ms. Aquash's] execution with
the assistance of Looking Cloud," he concluded.

Mr. Graham's lawyer, Terry La Liberté, said he has
little hope his client will receive a fair trial in
the United States.

"He's going to be at the mercy of their justice
system," Mr. La Liberté said. "It took them just four
days to try and convict and sentence Arlo Looking
Cloud. It's a railroad down there."

Apart from hearsay statements, the evidence against
Mr. Graham is non-existent, he said. "There is not a
tittle of forensic evidence. ... In Canada, this case
wouldn't even get past the charge approval stage. It's
terribly frustrating."

With a report from Canadian Press