The U.S. Attorney's Office in South Dakota is seeking a delay in the murder trial of American Indian Movement activist Anna Mae Pictou Aquash.

Richard Marshall, a member of the Oglala Sioux Tribe of South Dakota, and John Graham, a Native man from Canada, are accused of killing Aquash on the Pine Ridge Reservation in December 1975. Both men are set to go to trial on October 6

But federal prosecutors want to put the case on hold in order to resolve an issue affecting Graham. The 8th Circuit Court of Appeals upheld the dismissal of a key charge against Graham because he is not a member of a federally recognized U.S. tribe.

The U.S. Attorney's Office wants an en banc panel of the 8th Circuit to rehear the matter. But Marshall doesn't want to wait and his lawyer says he is ready go to trial without Graham.

Get the Story:
Prosecutors request delay in AIM murder case (The Rapid City Journal 9/9)

8th Circuit Decision:
US v. Graham (July 28, 2009)

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Aquash murder trial delayed until appeal resolved (5/6)
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Judge rejects probe into BIA informant claim (4/30)
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8th Circuit hears Indian status appeal in Aquash case (8/16)
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Trial for Aquash murder suspects delayed again (3/3)
U.S. Attorney opposes separate Aquash trials (12/16)
Aquash murder defendant seeks separate trial (12/1)
Prosecutors seek to bolster Aquash murder case (11/11)
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