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John Graham

In January 2011 John Graham was sentenced to life

Extradition challenged:
Misidentification evidence placed before judge

February 2, 2005

John Graham

Dear friends and supporters,

John's defence attorneys submitted their final arguments today, and Supreme Court Justice Elizabeth Bennett announced she would deliver her final decision on Monday, February 21.

In closing, John's attorney Terry LaLiberte discussed two points: one, that the certified evidence has been shown to be unreliable, and two, that the U.S. has not established the identification of John Graham as the perpetrator of the murder of Anna Mae Aquash.

Mr. LaLiberte said the certified evidence of identification is "full of holes" in describing the person the U.S. is looking for, and does not match the booking sheet from John's arrest in Vancouver.

The U.S. information as certified by U.S. Attorney Robert Mandel, states that they are looking for a Caucasian, 188cm tall, weighing 87 kg.

"They cannot get around the fundamental fact," said LaLiberte, "that the guy they want is six inches taller than Mr. Graham," said LaLiberte, "and there is a problem with the weight and the racial description."

The U.S. claims John was also known as John Boy Patton. "Also known by whom?" asked LaLiberte. "We have requested that they clarify these points, and they have not proffered that evidence."

Mr. LaLiberte stated that "there is no link" between the witnesses' identification of a "John Boy Patton" and the photos of John Graham. "This is totally inadequate," said Mr. LaLiberte. "Witness John Trudell claims a John Boy Patton shot Aquash, but identifies Mr. Graham's photo as John Graham. There is nothing to link our citizen in Canada to this person in South Dakota."

"They have not proven the identity," said LaLiberte, "and that should be the end of it."

John's co-counsel Gregory DelBigio, also spoke to the issue of the photographs. He pointed out that the certified summary of evidence attributes testimony to witnesses "by saying, for example, the witness 'is able' to identify a photo. They do not say that the witness actually identified the photo." Mr. DelBigio pointed out that this is significant, because it appears the U.S. Attorney is speaking on behalf of witnesses by claiming they are able to provide evidence that they have not actually provided. "It is not a concrete assertion," said Mr. DelBigio. "They do not even say the witness made the testimony to the investigators, they only say the witness is able to make the identification."

Mr. DelBigio argued that on the critical point of identifying a suspect, "There should be evidence that witnesses have positively identified the photo."

Mr. LaLiberte pointed out again that U.S. Attorney Mandel certified evidence that does not exist. He argued that the body of evidence is inadequate, since one alleged witness, Al Gates, was dead for nine months when he was certified as being "available to testify;" another witness, Frank Dillon, has said he did not make the statements attributed to him; and the only alleged eyewitness, Arlo Looking Cloud, has stated he will not testify against Graham, as the U.S. claims.

"We have provided cogent evidence that he will not testify against Graham," said LaLiberte. "His lawyer says he will not testify. And the proof is in the pudding. In a recent Grand Jury investigation, Mr. Looking Cloud did not testify against Mr. Graham, and even refused immunity."

Mr. LaLiberte also stated that evidence submitted is not attributed to anyone. "Some of this appears to be speculation by Mr. Mandel," said Mr. LaLiberte, referring to the U.S. Attorney who certified the evidence.

"We want to believe our neighbour," said LaLiberte, referring to the U.S., "but there is some threshold at which so many holes have been punched in the certified evidence, that we can no longer presume it is reliable."

Gregory DelBigio addressed the impact of the erosion of evidence, the dead witness, recanted testimony, and the failure to identify John Graham. He pointed out that whenever John's attorneys demonstrated that evidence was not available as originally claimed by the U.S., they respond that they "did not rely on that piece of evidence." Regarding witness Al Gates, who is dead, Mr. DelBigio said, "They now say they don't rely on the Gates testimony." But he said the court must consider the entire body of evidence together. "The certification refers to the entire package of evidence," said Mr. DelBigio. "The Court can no longer be sure the evidence is sufficient for committal."

Mr. DelBigio said the Court has a duty to impose some minimum requirements on the quality of evidence from the U.S. "This is not a rubber stamp or meaningless ritual," he told Justice Bennett. "There is some bare minimum of protection for a Canadian citizen."

Mr. LaLiberte agreed. "There is no due process here," he said. "We've shown big holes in the evidence. They say 'trust me, I'm an Attorney General.' The certified evidence is totally inadequate. They are hiding behind the law, making bold assertions that are not true. The process is flawed. Who are these people - the Ecoffeys and Alonzos and Graff - these people who are claiming witnesses are able to testify to these things?"

"Whenever we show their evidence is wrong," said Mr. LaLiberte, "they say it doesn't matter. Well, it does matter."

Crown Attorney Deborah Strachan, representing the U.S. said, "The extradition judge is not to be concerned about reliability of evidence." She insisted the Extradition Act requires the court to presume the evidence supplied is accurate and presented in good faith. "Fairness of the process is irrelevant," she told the court.

Justice Bennett recessed the hearing, announcing that her final decision will be read at 9:00 a.m. on Monday, February 21. If she does commit John Graham for extradition, he will appeal.

John's case is very similar to the 2003 case of U.K. vs. Tarantino, in which the Court stayed the proceedings due to the unreliability of the evidence supplied by the U.K. As in John's case, a witnesses was shown to have died, another witness had absconded, and a third witness was shown to be unreliable. The Judge in that case ruled that although our Extradition Act requires courts to trust the foreign state, there is some minimum threshold of reliability that the Canadian courts must uphold.

"The court has the power to control its own process," the judge ruled. "It is for the court to guard its own integrity." This certainly would sound like the Court of a sovereign nation.

If the order to extradite is issued, John's final appeal will be to the Minister of Justice, Irwin Cotler, which will commence promptly.

We thank you once again from deep within our hearts, for your interest and support of John Graham in this struggle for truth and justice. We will keep you informed as we prepare ourselves for the coming developments.

Most sincerely,
Matthew Lien
John Graham Defense Committee

For more information contact:
John Graham Defense Committee
www.grahamdefense.org


Justice rules against man wanted for AIM slaying

VANCOUVER, BC - A Canadian judge dealt a setback Tuesday to a Canadian man wanted in South Dakota for the 1975 killing of an American Indian Movement activist.

Anna Mae Aquash

John Graham is wanted for first-degree murder in the killing of Anna Mae Pictou Aquash on the Pine Ridge Indian Reservation. Her body was found Feb. 24, 1976.

Graham pleaded not guilty and is fighting extradition.

Aquash's death came amid a series of bloody clashes in the mid-1970s between federal agents and Minneapolis based-AIM, which agitated for treaty rights and self-determination for Indians.

Aquash, a member of Mi'kmaq Tribe of Canada, was among the Indian militants who occupied the village of Wounded Knee for 71 days in 1973.

Prosecutors say AIM leaders ordered Aquash's killing because they suspected she was a government informant. AIM leaders have denied that assertion.

Graham's lawyer, Terry La Liberte, had applied to the Supreme Court of British Columbia to have a photograph used to identify Graham and a synopsis of U.S. evidence excluded from extradition proceedings in Vancouver. The lawyer wanted to question the FBI as to where the photo had come from.

But on Tuesday, Justice Elizabeth Bennett rejected those applications.

La Liberte said the fact U.S. evidence against Graham, a Canadian, does not have to be proven in a Canadian court is an indication Canada's Extradition Act is unconstitutional.

Bennett rejected the request, saying that Graham had no expectation of privacy in terms of photographs taken of him. She also said police are entitled to take pictures for identification purposes.

But La Liberte said only one person in the United States identified Graham from the photo in question: John Trudell, who was AIM chairman in the mid-1970s.

La Liberte questions the method by which Trudell came to identify the photo.

"We don't know where it comes from," he said. "If they can't prove his identity, they can't (extradite) him. It's very important."

Bennett said the synopsis is a summary of witness statements that was certified by U.S. agents.

"We have to assume when they certify these things they're acting in good faith," La Liberte told The Associated Press outside court. "Based on what I've seen in this case, the people who certified this ... are acting in bad faith."

And, he said, going to the United States to talk to those witnesses is not an option.

"They don't want to talk to us," he said. "They have adverse interests."

Also charged in the case was Arlo Looking Cloud, who was convicted Feb. 6 and is serving a life prison sentence in Colorado.

Looking Cloud told investigators he helped drive Aquash from Denver to Rapid City and eventually to the place where he said Graham shot her. He insisted he did not know she was going to be killed.

Looking Cloud's lawyer asked a federal appeals panel on Monday for a new trial. They said the jury that convicted him based its decision on prejudicial, irrelevant testimony and hearsay.

Graham was arrested in April 2003 but is on bail with strict conditions.

His extradition hearings continue Jan. 25.


Leonard's Reaction to Kamook and the Arlo Looking Cloud Trial

Hau Kola,

First of all, I want to thank all those who have been standing up for the American Indian Movement and myself. The Arlo Looking Cloud trial was nothing more than an indirect presentation of another Myrtle Poorbear to discredit AIM and myself, and to extradite John Graham. I am an innocent man. The government knows that, and Kamook knows I am innocent as well.

On a personal note, Kamook's testimony was like being stabbed in the heart while simultaneously being told your sister just died. I cannot convey enough, the shock and hurt that I felt. Of all the fabrications that the government has used to keep me imprisoned, this one hurt so deeply. I would have laid down my life to defend Kamook and her people and I did risk it several times. If there has ever been a time during my 28 years in this hole that I have felt disheartened, it is now. I loved Kamook as my own family. I can't believe the $43,000 the FBI gave her was a determining factor for her to perjure herself on the witness stand. There must have been some extreme threat the FBI or their cronies put upon her.

If you want to know who is responsible for Anna Mae's death, just look around and see who else has been irresponsibly pointing fingers at proven warriors. This kind of behavior is doing the dirty work of the F.B.I. and the corporate entities that seek to control or own Native lands and resources. All of those who took part in this abortion of justice in Rapid City should be ashamed. I would say more, but my emotions are overwhelming at the moment.

We as a people and a nation need to honor those who sacrificed for the people and not forget them as they become elders. In every generation we must stand strong. The enemy has many masks and the ideologies that drive it are centuries old now, the gluttonous appetite for money and power of those addicted. I will not give up and it's not over until it's over. Speak, organize, demonstrate, pray, help the poor and oppressed, be a good example, and most of all "don't ever give up!"

In The Spirit Of Crazy Horse,

Leonard Peltier

Mitakuye Oyasins


Four-day trial leaves more questions than answers

VANCOUVER, BC - The much-anticipated trial of Arlo Looking Cloud, a Native American man charged with the murder of a Canadian aboriginal woman, Anna Mae Pictou-Aquash, concluded Friday, February 6th, with a verdict of "guilty".

The body of the native rights activist and member of the American Indian Movement was found on February 24, 1976, lying in a ravine in rural South Dakota. It was first ruled to be death by exposure, and later determined that she had suffered a bullet wound to the head.

The trial left more questions than answers, and for some a sense of disbelief that such a historic case could resolve so quickly.

"My concern with the trial is that it covers a murder which happened 28 years ago, and only required three days of testimony," said Bob Newbrook, a retired police officer who was involved with the arrest of Leonard Peltier. "If we thought the court would be a crucible for truth, we were very much mistaken."

"It was a typical South Dakota kangaroo court," said John Graham, the co-accused in this case. Graham has always maintained his innocence. He is living in Vancouver under house arrest, fighting extradition to the U.S. "What happened to Arlo proves there is no chance of a fair trial in the U.S."

Looking Cloud's public defense attorney, Tim Rensch, called only one witness during the trial - FBI Special Agent David Price - who he questioned for a mere ten minutes to counter the Prosecution's 23 witnesses.

While Looking Cloud entered a plea of "not guilty", his Defense chose not to challenge the validity of Looking Clouds alleged confessions, which witnesses recounted with frequent contradictions. The Defense asserted that while he admitted to being present at the crime scene, he was unaware that Anna Mae would be murdered and was therefore not responsible for her death.

"I was approached by Vernon Bellecourt and Arlo Looking Cloud's family to get into this case," said well-known attorney Terry Gilbert of the Centre for Constitutional Rights in New York. "They were unhappy with the local lawyer for a number of reasons, principally because he admitted that his client was present when Anna Mae's murder took place, and told the press this.

"There were few motions and no competency motion," observed Gilbert. "Looking Cloud was a homeless alcoholic for more than 20 years and vulnerable to manipulation by the detective in Denver who was trying to make this case. I wrote Judge Pearsoll and offered to be appointed as co-counsel. He refused."

Looking Cloud did not take the stand at any time during the trial. A videotaped confession was played, during which Looking Cloud admitted to being under the influence of alcohol.

An FBI agent who was among the first at the crime scene testified that the body was found clothed in moccasins and a dress. This caused the Prosecution to interject, reminding their own witness that the body was found wearing blue jeans. The agent said he must have been mistaken.

Of the 23 witnesses called by the Prosecution, most simply recounted contradictory versions of Looking Cloud's alleged confessions.

One recounting described Arlo driving to the scene of the crime but staying in the car, while another described Arlo walking to where Anna Mae was allegedly shot. Other versions described Anna Mae as being tied up, while videotaped testimony showed Arlo flatly denying she had been tied up at all.

Anna Mae's eldest daughter, Denise Maloney, testified that in April 2002, she had received a phone call from Richard Two Elk who was the first person to claim hearing Looking Cloud's confession. Two Elk presented himself as Looking Cloud's brother. Paul DeMain, a journalist, allegedly vouched for Two Elk and convinced Maloney to hear Looking Cloud's confession, who was then put in the phone.

The Looking Cloud trial revealed, however, that Two Elk was not Arlo's brother. Two Elk's inconsistent and hostile testimony appeared to bring little value to the Prosecution's case, and at times inspired outright laughter from the gallery.

Another highly anticipated witness was Kamook Banks, the ex-wife of prominent American Indian Movement (AIM) activist Dennis Banks. Her testimony was barely relevant to Arlo Looking Cloud, instead condemning Leonard Peltier for allegedly bragging that he had killed two FBI agents during an earlier conflict between the FBI and members of the American Indian Movement.

The Prosecution asserted her testimony was required to demonstrate the knowledge Anna Mae possessed about the AIM leadership, thus showing motive for their ordering her execution.

Upon cross examination, however, it was revealed that Kamook Banks had received $42,000.00 (USD) from the FBI to assist in building their case.

In a news release on February 7th, 2004, Barry Bachrach, the attorney representing Leonard Peltier asked, "Who was on trial? The majority of the testimony presented had nothing whatsoever to do with Arlo Looking Cloud, but prominent members of the American Indian Movement.

"There was not one iota of proof presented to support many witnesses' 'beliefs'. And for every witness presented, there are any number of other individuals who could be called to appear and who would tell very different stories," he stated.

"The public didn't hear about the shoddy investigation the FBI conducted into the death of Anna Mae Aquash, either. It took them 28 years to bring someone - anyone - to trial? The FBI is better than that. Everybody knows it."

The trial did serve as evidence to John Graham and his supporters that the FBI is continuing its campaign to brutalize and incarcerate members of the American Indian Movement, perhaps in an effort to cover up their own complicity in crimes of the past.

"I feel now, more than ever, that John must not be extradited," said Jennifer Wade, a well-known human rights advocate and founding member of BC's Amnesty International. "This feeling is based on all that has gone on in the Dakotas, with respect to the Leonard Peltier trial, and now the trial of Arlo Looking Cloud which shows that a conviction can be achieved on unreliable hearsay with so many discrepancies."

In light of the Looking Cloud trial, the John Graham Defense Committee and the Friends of John Graham are jointly calling upon Canada's Minister of Justice Irwin Cotler to stop extradition procedures against John Graham.

They are also calling for a complete and independent investigation into the FBI's involvement in the death of Anna Mae Pictou-Aquash, and the scores of malicious deaths in and around the Pine Ridge Reservation which remain uninvestigated.


The 4-Day Trial of Arlo Looking Cloud

Note from the John Graham Defense Committee: The following is documentation and observations from the four-day trial of Arlo Looking Cloud. Most of the information has been provided by an independent journalist present at the trial, documenting testimony and providing some insight in the precedings. While the testimony has not been taken from the official transcripts (we have not yet received them), we believe it to be an accurate accounting of the trial.

Day 1

Jury Selection

After jury selection, Defense and Prosecution gave opening statements, both of them essentially agreeing Arlo Looking Cloud was there at the crime scene; and then the State called Roger Amiotte and showed grisly photographs of the unidentifiable body, blackened skin, maybe -hard to tell much. Hard to know if they are the authentic photographs, for that matter.

Nathan Merritt was called, a former BIA criminal investigator, who explained that the body's hands were too far decomposed to get fingerprints so they had to be cut off and sent to the Lab in Washington DC. He also said at the initial "examination" at the IHS hospital in Pine Ridge, that no x-rays were taken of the body -despite the fact that Johanna Brand and Kevin McKiernan in their 1978 book, 'The Life and Death of Anna Mae Aquash," said dental x-rays were taken, as did Ward Churchill in a 1986 "Z Magazine" article, going so far as to expostulate such a dental x-ray would have found a bullet in the cranium, saying, "I was told the machine was broken."

Day 2 - Morning

PRELIMINARY NOTES:

Arlo Looking Cloud was in good spirits with a lot of supporters sitting right behind him, the Bellecourts and Bill Means included, helping his grandmother and kids around. Arlo's out of the black-and-whites they paraded him in yesterday -especially for the local media. He looks good and calm, in civilian clothes with a clean braid down his back.

Four FBI Agents were called this morning, as well as Pathologist Peterson, and then Kamook Banks {Darlene Nichols}:

Rensch pointedly asked Special Agent (SA) William Wood if he knew David Hill was an informant. Wood said no. But Kamook repeatedly brought up his name in her long narrative, with lots more to go this afternoon, including the explosive statement that actually brought a rare gasp from the large audience, when she said Dennis Banks and David Hill forced Annie Mae to make bombs "so she'd have her fingerprints on them." Kamook claimed to have personally witnessed them take Anna Mae into a back room and forced her to make the bombs. They were trying to frame her, "bad-jacket" her, according to Kamook. Kamook also presented damning hearsay statements -vociferously objected to many times by Rensch and usually overruled by the Judge Piersoll -that Leonard put a gun to Anna Mae's head in Farmington in the spring of 1975, and had allegedly bragged in Oregon that he'd killed the FBI Agents at Oglala.

The FBI witnesses contradicted themselves all over the place. The first one on the scene at Wanblee said the body was "unidentifiable, black, and badly decomposed," and that he remembered she was wearing "moccasins and a dress." The State jumped up quickly at that, reminding him that she was wearing blue jeans and pants, as has always been reported. They showed him Document 302s and he had to admit, well, yes, "I guess I was mistaken." Rensch then produced another "302" with an even different description of her clothes. The Lab Technician read an original report stating that the name of the deceased at Wanblee was Donna Kiblee (or something like that) -not even close to "Aquash". No dental x-rays of the first autopsy were apparently taken, as Johanna Brand and Ward Churchill have reported over the years.

SA Wood appeared to lie when he said he was the one who wanted to exhume the body because he "thought it was suspicious", when a minute later Rensch clarified that it was Judge Bogue who ordered the exhumation.

Rensch, "Did Bruce Ellison ask for the exhumation first?"

"No!" Wood fired back almost angrily. "We did. Judge Bogue ordered that exhumation."

Rensch to Peterson, the second autopsist, "The first autopsy report says Dr. Brown weighed her kidneys. Can you weigh kidneys without taking them out of the body?"

"No," the pathologist almost laughed. "The body I examined had not had her kidneys removed at all."

Rensch, "And Dr. Brown did no x-rays in the first autopsy?"

"No."

They also brought out retired FBI lab specialist Evan Hodge. He said there was no way the .32 bullet he saw could be traced to any gun. In sum, the State did not seem to have any evidence at all.

Then Kamook Banks took the stand.

Day 2 - Afternoon

Kamook continued with the explosive descriptions of Dennis Banks and Leonard Peltier putting guns to Anna Mae's head, and recited what Peltier allegedly said about the FBI agents at Oglala, "He said, 'That motherfucker was begging for his life, but I shot him anyway.'" Rensch then discredited Kamook's testimony somewhat, getting her to admit that she'd taken a total of $42,000.00 from the US Government over the past several years, for her testimony and to wear a wire to record Banks several times. It was all very damning, portraying AIM as a bunch of crazed Indian killers, and the government as the good guys. But all this had very little or nothing to do with Arlo and John. Kamook's testimony stopped in November 1975, the last time she saw Anna Mae.

Rensch: "Did you witness crimes being committed in 1975?" (referring to the infamous 4 Bombs that went off in October, connected to David Hill, Dennis Banks and Anna Mae, as mentioned above)?

Kamook: "Yes."

Kamook was essentially being discredited to the jury as a violent accomplice to crimes herself. She also said Dennis Banks called her on February 24,1976 to tell her that Anna Mae had been killed - the day the "Jane Doe" body was found and before it was announced, apparently proving that Dennis knew Anna Mae was dead and that she was going to be found.

Leonard Crow Dog was allegedly also calling Anna Mae a "Fed" in July 1975. If this is true, it may be because Anna Mae had confronted Crow Dog at his Sundance for drinking, so he denounced her.

Incredible contradictory testimony was presented by Troy Lynn Yellow Wood. First, she told McMahan that, yes, Arlo had told her he walked up onto the hill with John, and that John killed Annie. Then upon cross examination she tells Rensch that, no, she never talked to Arlo about it. Arlo was actually talking to John Trudell."Arlo never told me he helped kill anybody." Rensch pulled out the 1995 Grand Jury transcript, quoting her as saying, "Arlo never talked to me."

Day 3 - Morning

PRELIMINARY NOTES

The day began at 9:00 PM sharp. Judge Piersoll (curly gray hair and glasses, thin, very quiet and hard to hear -also hard to read him) without the Jury present, did a lengthy ruling on what "hearsay" is, quoting AMAHI vs. US as a precedent, saying, "The truth of the matter asserted is not hearsay."

Then the Jury came in, looking nervous and very serious.

DENISE MALONEY, Annie's oldest daughter, was called in by the Prosecution first - very impressive I thought, black long hair, strong intelligent voice, overweight, short. She was there with her sister and the chief of their Nation. She mostly related an April 2002 phone call to her and Debbie from Paul DeMain and Richard Two Elk, saying that Arlo wanted to talk to them. After discussing it because they "didn't like to talk to anybody publicly," they decided to talk to Arlo because Two Elk was Arlo's "brother" (a false representation which Rensch exposed later in the Trial when Two Elk took the stand), and because DeMain vouched for them. Arlo got on the phone and said, "He felt sad he hadn't called. Angie, Theda, and John Boy were calling her -my mother -a federal agent," relating what Arlo said. "He said John Boy did it, but he wasn't present. He felt bad, he said." That was about it. Short but powerful, a very impressive and prestigious witness. Although it does raise the contradiction that Arlo claimed to not be present.

CANDY HAMILTON was called next, far less impressive. She's often quoted as a good friend of Anna Mae's, and yet she didn't seem to know much or add much. She had only come in to the WKLDOC office in Rapid City on Thursday, December 11, 1975, on her way to Russell Means' trial in Sioux Falls (even though Rapid City is hardly on the way to Sioux Falls). She said, "We stayed at Thelma Rios' and her mother's apartment around Maple Street, in North Rapid, the Alphabelle Apartments. It was Thelma's mother's apartment, I think. Thelma was in the process of moving in. She had been in a house on Milwaukee... Thelma and Kathy's... then Dave Hill came in where we were visiting in the kitchen, he just walked in and sat down. Soon after that I went to bed, and in the morning I heard Bruce Ellison's voice downstairs. Back at the WKLDOC House [712 Allen St.] we saw Bruce, Anna Mae, Lorelei and Ted Means, Clyde Bellecourt, Madonna, and Thelma... I ran into Annie in the kitchen where she was getting a cup of coffee. She had tears in her eyes and was very unhappy."

Mandel interrupted her and was very interested in Thelma's apartment and house, showing photos of them and spending a lot of time going over the front and back doors, where the kitchen was, etc., circling a front window of the Allen St. house (which is still there, looking very much like it did then).

Candy continued, "By then, the next evening of the 11th, I didn't see Annie." She said she then went to Sioux Falls via the Rosebud Reservation with Ted and Clyde and somebody else she didn't know, emphasizing again that she was going to Russell's Trial. When she talked to people about Anna Mae over the following years, she quoted Madonna Gilbert as saying, "We just told her (Annie) to get out of there." Candy started to say, "I heard Bruce at Thelma's say ..." (but then Rensch objected and stopped the comment, he and the State approached the bench for a long talk, as they did 3 or 4 times during the day).

Rensch then brought up, "John Stewart, an FBI Informant, said Annie was an informant, correct?"

Candy, "In October or November of '75, I heard that, yes, at Oglala."

Rensch, "You heard she was an informant? But still you were her friend and talked to her casually in the Allen St. house in the kitchen that night? Miss Hamilton, you never dreamed she'd be killed?"

"No."

"She didn't ask for help or to call the police?"

"No."

Rensch did a good job of showing how Anna Mae could have run out of these places anytime, but she didn't. He also demonstrated Hamilton's limited knowledge of the matter.

JEANNETTE EAGLE HAWK was called next. McMahon asked her briefly about December 10 at the WKLDOC House. She said, "I saw Thelma, Bruce, Clyde, Lorelei and Ted, and several legal workers in there." That was all. She was not allowed to go anywhere but the kitchen.

CLEO BATES was called next. She was married to Richard Marshall for 6 years then, in Allen. She said Anna Mae came to her house. "Theda, Arlo, and John brought the girl in. Anna was real quiet. Dick went with them in the bedroom and then came out and said they wanted us to keep her there. I said no. People were saying Annie Mae was an informer. And so they left."

Rensch, "You never dreamed something bad would happen to her?"

"No. Dick was on his release from his trial."

It can be assumed that perhaps they were trying to protect her, as she wasn't tied up, and Cleo did not believe Anna Mae to be at risk. This would be in keeping with John's assertion that he was with Anna Mae while she looked for a safe place to stay on the Pine Ridge Reservation. And again, she could have run out the front door if she wanted to flee. It also seems very significant that this is connected to Richard Marshall who, as you probably know, is closely connected with Russell Means and the murder trial a few months later in which Myrtle Poor Bear signed affidavits damning Marshall for murder (just like she did against Peltier) at the exact same time in February 1976 that the body, allegedly of Anna Mae, was found.

RICHARD TWO ELK was called next. He came in, almost bald, waving eagle feather fans to swear to, and immediately argued with Rensch and insulted him. He said he was an educational consultant. It got very heated and ugly, and the audience was laughing outright at his absurdities by the end of a long hassle of a testimony.

An AIM member from 1970 - 1975, he said he lived in Denver and Iowa. He is not a blood relation of Arlo. "Graham was a friend of me and Arlo in 74 to 76 in AIM. 75 and 76 for certain. In 1994, from Federal Holding, we (Arlo) talked. He got out of jail. Mid to late 80s we talked. At his aunt's house in Denver. He told me in South Dakota they went out looking for somewhere to go, to kill Anna Mae. Arlo told me they were trying to find somewhere to go. To stop. They got out of the vehicle, John Boy and Annie Mae." His story would change often, whether they went to Rosebud or not, for example."

Rensch: "What school did you teach at?"

Two Elk: "I can't divulge that."

Rensch: "When did you live in Iowa?"

Two Elk: "70, 73, 74."

Rensch: " Did you ever live in the same place with Arlo?"

Two Elk: "At Troy Lynn's, 73, 71."

Then they had an incredible argument raising their voices because Rensch said his statements were inconsistent, and Two Elk asked, "What's consistent?" It was ridiculous. He made little sense, which was obvious to everyone present -surprising considering he was a major witness for the State. Rensch said, "Your answers are often inconsistent." Two Elk fired back sarcastically, "All answers are different."

Rensch: "You don't like AIM do you?"

Two Elk: " I couldn't say that."

Rensch: " Who are your blood brothers. Directly related brothers with the same mother and father?"

Two Elk: "Umm...what is the value of that to this case?" He finally said, Aaron Two Elk.

Rensch: "The truth of the matter, sir, you'll do anything to hurt AIM." He then quoted some of Two Elk's Grand Jury testimony, "You asked him 'Did you commit murder, Arlo,' and he said no."

Two Elk: "I can't tell you that."

Rensch: "You said it in the Grand Jury, it's right here in the transcript."

Two Elk: " You say. I wouldn't say that."

Rensch: "You're making this up as you go, aren't you?"

Two Elk: No answer.

Rensch: "DeMain's given you money. You love this man, he's your brother?" he asked, pointing to Arlo.

Two Elk: "Yes."

Rensch: "Did Arlo tell you it was a .38 pistol?"

Two Elk: "Yes."

Rensch: "It was a .32. What he really told you at Troy Lynn's was that he went to Rapid city and stayed in an abandoned apartment with his old friend Tony Red Cloud. Did Arlo tell you that?"

Two Elk: "No."

They had another long heated argument about how many times Arlo talked to Two Elk about Anna Mae. Two Elk changed his story as fast as they talked. People were laughing by then. Two Elk said, "Depends on which time the conversation changed. We talked many many times over a lot of years. 30 to 40 percent of the time Arlo said, 6 times, possibly a dozen."

Rensch: "Huh?"

Then Two Elk started laughing.

Rensch: "Is this funny to you, sir?"

Two Elk: " No, you're funny to me."

No more questions, and the Judge abruptly told him he was dismissed. Some of the jurors had smiles on their faces.

JOHN TRUDELL was called next. He primarily related only one conversation with Arlo and Troy Lynn on the street in Denver in 1988, in which Arlo confessed to him the same story.

He said he last saw Anna Mae in Los Angeles in September. "She was concerned, mostly angry, at the accusations. Three of us stayed with her for security, to protect her. But somebody called - I don't know who - and she flew back to Denver. That was the last time I saw her or heard from her, except for the ring she sent White Bear a month or so later."

The most important thing he said, I think, which he said several times emphatically, was that "it all hinges at that house (in Rapid City). Somebody was telling them what to do. When they came out of that house they were under instructions to kill her. They were not decision-makers. They wouldn't have done it on their own. It's not something they thought up on their own."

Day 3 - Afternoon

Robert Ecoffey was the only witness on the Stand this afternoon.

Ecoffey: "Gladys Bisonette gave me the name of Al Gates, which led me to Arlo Looking Cloud in '93. Ligature marks on Anna Mae's wrists clearly indicated to me she was tied up, and they weren't from a bracelet. Detective Abe Alonzo called me from Denver on September 6, 1994, and said he had Arlo in custody on local charges. I went to Denver and interviewed Arlo, where he said he didn't know anything. He wasn't even in Denver," he said, in December 1975.

But Denver Police said they had records Arlo was stopped on December 15, 1975 for a violation. They'd drop local charges if he'd cooperate in the homicide investigation of Anna Mae. Arlo was then taken to South Dakota on July 24, 1995, in custody again on local charges -he did not come voluntarily. Ecoffey said Anna Mae had been taken to Knollwood Apartments in Rapid City, tied up, to the abandoned apartment on a hill. No one was living there at the time.

Arlo: "No, I didn't take her to the WKLDOC office (after Ecoffey prodded him to say so, after Mandel prodded Ecoffey to prod Arlo)."

Ecoffey: "Alonzo, Ianucci, and I took Arlo to Wanblee, in custody in a US Marshal's vehicle, and he agreed to a re-enactment, 3 miles north of the Junction of 79 and 44. 'I fired the gun,' Arlo said."

Ecoffey: "We located the weapon. It was buried under a bridge between Interior and Wanblee. We stopped and looked for it but couldn't find it."

Then they showed the VIDEOTAPE of Arlo's "confession" in the Denver Police Department last March 27, 2003, which Judge Piersoll told the Jury "is evidence, but the transcript of it is not." It was, frankly, sickening to watch, how Abe Alonzo was obviously leading Arlo to make statements, coercing him, etc. Arlo stated that he was still unclear and under the influence of alcohol, and yet there they are, getting his signed and videotaped narrative of everything.

Cop: "Do you have a home address?"

Arlo: "No."

Cop: "Will you voluntarily talk?"

Arlo: "Yes. [He then signs 2 documents]

Cop: "Let's start back at Troy Lynn's."

Arlo: "I don't know the date or anything, we were friends. I went to see Joe Morgan. Theda was there, Troy Lynn, I never met John before. They said go to the basement."

Cop: "Have we made any threats or promises to you here today?"

Arlo: "No."

Cop: "Are you under the influence of drugs or alcohol?"

Arlo: "A little bit of alcohol."

Cop: "Did you meet John Boy Graham or Patton in the basement?" Arlo: "Yes, I guess. I never met him before. We stayed down there and the girl woke up on the couch."

Cop: "Was that Anna Mae?"

Arlo: "I don't know. I never met her."

Cop: "When you went to Rapid City, did Theda know where to take her?"

Arlo: "I guess. She was driving."

Cop: "John tied her up then?"

Arlo: "I guess so." [He's barely coherent and muttering, very unsure of himself.]

Cop: "Where was Theda?"

Arlo: "She went and got the keys for the house."

Cop: "Tell us what you know and I'll fill in the blanks."

Arlo: "We went somewhere on Rosebud, at some house."

Cop: "Was that at Kills place?"

Arlo: "I don't know. I was never there."

Cop: "So you kept her tied up?"

Arlo: "I don't think she was tied up."

Cop: "When was she tied up?"

Arlo: "I don't know."

Cop: "Theda said, 'Go with John Boy," when you stopped the car?"

Arlo: "It was getting toward morning on the road from Wanblee back to Rapid. It was getting kind of blue outside."

Cop: "John Boy and Annie got out?"

Arlo: "Yeah. John Boy pulled out a pistol. He put it at her head. He shot her in the head. She was praying. He gave me the gun. I thought he was going to kill me."

Cop: "She got shot and fell over the cliff?"

Arlo: "Yeah."

Cop: "Was it a revolver?"

Arlo: "Yeah, I think so."

Cop: "Who untied her?"

Arlo: "I don't know."

Cop: "Why was she shot?"

Arlo: "I don't know."

Cop: "Did Theda say she was an informant?"

Arlo: "I don't know."

Cop: "On the way to Rapid City from Denver you had stopped at Allen at Richard Marshall's."

Arlo: "No."

Cop: "I know for a fact you did."

Arlo: "No, I don't remember that."

Cop: "You remember that?"

Arlo: "No."

Cop: "I want you to think about, that Cleo said you and John Boy and Theda and Dick went in the bedroom. They asked if you could leave Anna Mae there, but Cleo said no. I need you to be truthful."

Arlo: "No."

Cop: "Do you remember seeing Thelma Rios at the house in Rapid City?"

Arlo: "No."

Cop: "Do you remember seeing David Hill there? Do you know David Hill?"

Arlo: "No."

Cop: "I know you know these people."

Arlo: "No."

Cop: "She was tied up?"

Arlo: "I don't think she was."

Cop: "You said John Boy untied her."

Arlo: "I don't know."

The Prosecution rested its case. Rensch moved for an acquittal because he said the Prosecution had prejudiced the jury against AIM. Judge Piersoll denied.

AGENT PRICE was called, but was only asked a few brief questions as to whether he had developed informants in AIM, and whether Ann a Mae was an informant. He said they did in fact develop undercover informants, but that Anna Mae was not one of them.

Rensch rested his case.

An impression of the whole day is that Arlo's so-called "confession" is the State's case, while using prestigious and impressive witnesses like Anna Mae's daughter and Trudell who are being presented as saying these things themselves, but are actually just repeating what Arlo told them much later, in 1988 and 2002, replete with significant contradictions. As National Director of AIM, it is surprising that this was all Trudell could say. He actually said at one point, "No one really knew what happened." He also said he had Sundanced with John Graham in the Spring of 1976, which would be only a month or two after John had allegedly killed Anna Mae. It doesn't make sense. But John Trudell and Denise seem to be buying into it, without really knowing very much about the case.

Day 4

Closing statements,and it went to Jury for deliberations at about 1:00 PM.

Everyone was still in shock that Defense Attorney Rensch called exactly one witness - FBI SA David Price - late Thursday afternoon to counter the Prosecution's 23 witnesses, and that he had asked his one-and -only witness, Agent Price, a few questions lasting no more than 10 minutes, establishing that yes, indeed, the FBI developed undercover informants, but not Anna Mae. Questions remain as to why he did not call other witnesses, such as Bruce Ellison, Thelma Rios, Theda Clark, Richard Marshall, Russell Means, David Hill, Madonna Gilbert, Ted and Lorelei Means -all the people who other witnesses said they saw with Anna Mae at the WKLDOC House and other places around town. And why didn't he subpoena Dennis Banks to refute Kamook's damning testimony?

This morning at 10:00 AM, they both summarized emotionally, each seeming to appeal to the jury for "pro-Indian" sentiment.

Four days... I thought, "this is it?"

And tonight, 7 hours later, Arlo Looking Cloud was pronounced "Guilty." Russell Means ran out to the TV cameras and proclaimed it a "racist" verdict.

Rapid City feels very tense tonight, not the least because of the irony that tomorrow morning, February 7, William Janklow must report to the Sioux Falls jail to begin serving his 100 days for manslaughter. Not the least because today is the day Leonard Peltier was captured in Canada in 1976 and is serving well past 10,000 days.