SIOUX FALLS, S.D. - A federal magistrate told prosecutors to turn over a few more details in the case against a Canadian man charged with a 1975 killing, but ruled against John Graham in his request for other information.
His first-degree murder trial is scheduled to start Oct. 6 in Rapid City for the slaying of fellow Canadian Annie Mae Aquash on the Pine Ridge Indian Reservation.
Both were AIM members, as was Arlo Looking Cloud, who was convicted in 2004 and sentenced to a mandatory life prison term for his role.
Witnesses at his trial said he, Graham and another AIM member, Theda Clark, drove Aquash from Denver and that Graham shot Aquash in the Badlands as she begged for her life.
A third AIM member, Dick Marshall, was indicted last month on charges he aided and abetted the killing.
Graham's lawyer earlier asked for details of "expense reimbursements" of $69,066 and $49,083 to Serle Chapman and Darlene "Kamook" Nichols. He also sought an unredacted copy of an FBI report indicating an unnamed informant saw Aquash alive Feb. 12, 1976, two months after prosecutors believe she was killed.
Government lawyers responded that Chapman and Nichols were not paid informants but cooperating witnesses who were reimbursed for having to relocate because of "harassment, retribution and retaliation" stemming from their cooperation. As for the FBI informant's name, the government is entitled to protect that person's identity, they argued.
Federal Magistrate Veronica Duffy has filed an order requiring the government to give the defense within five days details of the $49,083 reimbursement to Nichols if she will testify at Graham's trial. Otherwise, they do not have to disclose the information.
Nichols testified at Looking Cloud's trial.
Chapman did not testify earlier but if he will be a witness at Graham's trial, prosecutors must also have more documentation ready to give the defense regarding that reimbursement, Duffy ruled.
The defense also sought the date of a letter written by Chapman's wife. Duffy wrote that if prosecutors have the envelope, they must turn it over. Otherwise, they are not obligated to disclose anything else regarding that request, she wrote.
The defense earlier identified Chapman and Nichols in its motion, but the prosecutors and judge used aliases.
Posted in State-and-regional on Sunday, September 7, 2008 7:00 pm Updated: 2:19 pm.
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