Witnesses Testify in Graham Trial, Judge Decides Marshall Must Too
RAPID CITY — Judge Jack Delaney has ruled that Richard Marshall must testify. The ruling came at 9:30am this morning. Dana Hanna, attorney for Richard Marshall, argued that the prosecution is only calling Marshall to the stand so that they may later charge him with perjury. Perjury is a parole violation and as Marshall is on life time parole he would be incarcerated until the time of trial. If found guilty, this would be Marshall’s third strike, committing him to life in prison.
Hanna argued that the perjury charge was the State’s “contingency plan all along.”
Judge Jack Delaney said that to prove the case the state likely needs Marshall’s testimony and that he does not have to perjure himself by taking the stand. Hanna says that Marshall will take the stand and tell the truth, but that his understanding of the facts conflicts with the government’s view.
Opening statements were given at 10:00am by both Marty Jackley, prosecuting attorney, and John Murphy, attorney for John Graham.
The afternoon session opened with witness testimony from Roger Amiotte, a rancher who found the body of Anna Mae. John Munis (FBI agent 1968-1996), William Wood (FBI agent 1966-1997), Nathan Merrick (BIA 1971-1994) and Raymond Charles Handboy also testified today.
The testimony of all witnesses ran fairly similar to what they stated in the Arlo Looking Cloud Trial of 2004, with some additions and variance. This time, Raymond Handboy said that he did hear Anna Mae Aquash express fear of the police or FBI.
Marty Jackley told the jury that AIM ordered Anna Mae murdered because they believed her to be an informant. Anna Mae was never a government informant and the State admits this. In fact, when she would not give the FBI the information they wanted, she told friends that FBI Agent David Price had threatened her with her life.
In the 1970’s, a real informant was discovered within AIM, his name was Douglas Durham. When his role as informant was uncovered he was not murdered, instead he was made to give a press conference detailing his relationship with the FBI.
Murphy’s line of questioning with former FBI Agent William Wood established that American Indian Movement lawyers and the FBI were simultaneously trying to exhume the unidentified body of Anna Mae Aquash in early March, 1976. Murphy also questioned Wood, and later, Nathan Merrick about a suspicious phone call about a possible hit and rum victim in the time before and at a similar location to where the body of Anna Mae was found on February 24th, 1976.
Court resumes tomorrow at 8:30 am.
To receive email updates during the next few weeks of trial contact:email@example.com
Posted on December 2, 2010, in Indigenous Struggles and tagged North America - The United States. Bookmark the permalink. Comments Off on Witnesses Testify in Graham Trial, Judge Decides Marshall Must Too.