Witnesses Testify in Graham Trial, Judge Decides Marshall Must Too

Rapid Reports (Dec. 01)

UPDATES:

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.