[mobglob-discuss] John Graham Defense Update, Jan, 31, 2005

[The Wild Wing Chun Wallaby]

Apologies for cross postings but I think this is important!
Courtroom 54, Supreme Court 800 Hornby Street
Starts at 10AM this week.



Matthew, John Graham Defense Committee said:
> Monday, January 31, 2005
>
> Hello friends and supporters,
>
> I apologize for the delay in providing updates. As I
> am out of the country and unable to attend the current
> round of hearings, it has been difficult to gather
> daily information.
>
> Today, the B.C. Supreme Court Justice Elizabeth
> Bennett dismissed the defence's motion to stay the
> proceedings. The defense had based its motion on a
> 2003 extradition case known as "Tarantino," in which
> the judge stayed proceedings due to unreliable
> evidence submitted by the requesting country.
>
> John's attorney, Terry LaLiberte, had described how
> U.S. District Attorney Robert Mandel in South Dakota
> "deliberately or negligently" certified that evidence
> exists, when in fact, it does not. He pointed out that
> the certified witness, Al Gates, is dead, and that
> another witness, Frank Dillon, denies making the
> statement attributed to him.
>
> The U.S. also certified Arlo Looking Cloud as an
> eyewitness available to testify, who is already
> convicted of aiding in the murder. However, John's
> lawyers submitted an affidavit from Arlo's lawyer,
> Terry Gilbert, stating that he will not testify
> against John. Arlo demonstrated this unwillingness by
> refusing to testify recently before a Grand Jury. Arlo
> has recanted his previous testimony, and has alleged
> in interviews that detectives provided him with drugs
> and alcohol to coerce testimony from him in the
> absence of legal representation, and that he was
> denied the right to choose his own attorney. His case
> is currently being appealed.
>
> In the end, the judge agreed with the Crown, that the
> evidence of errors and inconsistencies in the U.S.
> summary of certified evidence did not establish an
> abuse of process. She did point out however, that such
> matters could be brought before Canada's Minister of
> Justice, should she approve the order to extradite
> John.
>
> She explained that her role is simply to determine if
> John is the person sought by the U.S., and that, at
> first appearance, the evidence seems adequate.
> Canada's extradition treaty with the U.S. presumes
> that the evidence supplied by the U.S. is accurate --
> a matter of grave concern to anyone familiar with the
> Leonard Peltier extradition and its documented
> falsification of evidence by the U.S.
>
> On a positive note, the judge did allow an affidavit
> into evidence, which was obtained recently from
> Leonard Peltier. The affidavit describes how Robert
> Branscombe offered Leonard his freedom if he testified
> falsely against John Graham.
>
> While Branscombe has said he never worked for, nor
> acted on behalf of the FBI, and that he has only acted
> on his own, John's lawyers produced evidence that
> contradicts this assertion, showing that Branscombe
> did in fact have a contract with the FBI, at or around
> the time he offered Peltier this deal.
>
> We'll provide more information as developments
> continue, and will post news stories to the website as
> www.grahamdefense.org as they are published.
>
> Again, we thank you for your understanding of the
> challenges we face in getting accurate information out
> quickly. We apologize for the inconvenience, and
> greatly appreciate your continued support.
>
> Sincerely,
>
> Matthew Lien
> info at grahamdefense.org
> John Graham Defense Committee
> www.grahamdefense.org
>


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