Two people have been indicted in South Dakota for the December 1975 murder of American Indian Movement activist Anna Mae Pictou Aquash.

John Graham, 53, and Thelma Rios, 64, are charged with felony murder in relation to kidnapping and with premeditated murder. Graham also charged with felony murder related to rape.

Graham is a Native man from Canada. The 8th Circuit Court of Appeals said he can't be tried in federal court because he is not a member of a U.S.-recognized tribe.

Rios is a member of the Oglala Sioux Tribe. The crimes for which she is charged occurred in Rapid City, off the reservation.

South Dakota Attorney General Marty Jackley, who handled the Aquash case when he was serving as U.S. Attorney for South Dakota, said the state charges came about because evidence indicates that Aquash was taken to Rapid City and held in a home that was owned by Rios. Jackley said Aquash was raped at the home.

Get the Story:
Pennington County Grand Jury indicts two in 1975 AIM slaying (The Rapid City Journal 9/11)
2 charged in 1975 American Indian Movement slaying (AP 9/10)
AIM Case Moves To State Court (KELO 9/10)

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

Related Stories:
Aquash defendant to face state court charges (9/10)
Prosecutors want delay in Aquash murder trial (9/9)
Judge won't dismiss Aquash murder indictment (9/8)
Trial set for remaining Aquash murder defendant (8/4)
Appeals court dismisses charge in Aquash case (7/28)
Aquash murder defendant seeks separate trial (7/22)
Aquash murder trial delayed until appeal resolved (5/6)
Hearing scheduled for Aquash murder defendants (5/5)
Case against Aquash murder defendant coming apart (5/1)
Judge rejects probe into BIA informant claim (4/30)
Trial for Aquash murder defendants set to begin (4/27)
8th Circuit hears Indian status appeal in Aquash case (8/16)
Aquash murder defendant seeks release until trial (4/10)
BIA official's link to informant raised in Aquash case (4/1)
8th Circuit to hear appeal in Aquash murder case (3/23)
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)
Prosecutors defend charges in Aquash murder case (11/3)
Aquash murder defendant raises 'Indian' issue (10/27)
Trial for Aquash murder delayed to February 2009 (10/20)