A Canadian man who is accused of murdering American Indian Movement activist Anna Mae Pictou Aquash will no longer face charges in federal court but a case in South Dakota state court will proceed.

John Graham was indicted for Aquash's murder on the Pine Ridge Reservation in South Dakota in December 1975. But a federal judge and the 8th Circuit Court of Appeals said federal prosecutors failed to demonstrate that Graham is "Indian" as defined by U.S. law.

Graham is Native -- from Canada -- but he is not a member of a federally recognized U.S. tribe. So he can't be charged in federal court, the 8th Circuit said.

Brendan Johnson, the U.S. Attorney for South Dakota, filed a motion to dismiss the indictment against Graham in the "best interests of justice." Judge Lawrence Piersol granted the request yesterday.

Graham will still face charges in state court for Aquash's murder. South Dakota Attorney General Marty Jackley, who initially prosecuted the case when he served as U.S. Attorney, said elements of the crime took place in Rapid City, off the reservation.

Richard Marshall, a member of the Oglala Sioux Tribe, still faces charges in federal court for Aquash's murder. But the indictment linked his involvement to Graham's.

Arlo Looking Cloud, also Ogala Sioux, was convicted of Aquash's murder in 2004 and is serving a life sentence. Federal prosecutors are planning on calling him as a witness against Marshall.

Get the Story:
John Graham will face state murder charges in AIM slaying case (The Rapid City Journal 2/3)
Judge drops charges against 1 in 1975 AIM slaying (AP 2/3)

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

Related Stories:
Aquash murder defendant asks to exclude testimony (1/27)
Aquash murder trial scheduled for February 2010 (12/17)
Aquash murder defendant wants separate trial again (12/2)
Woman pleads not guilty for Aquash death (10/6)
Two indicted in state court for Aquash murder (09/11)
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)