A federal judge indefinitely delayed the trial of two men accused of murdering American Indian Movement activist Anna Mae Pictou Aquash.

Judge Lawrence Piersol said he won't take action until the 8th Circuit Court of Appeals resolves key issues. The main one is whether John Graham, a Native man from Canada, can be tried in federal court even though he is not a member of a U.S.-recognized tribe.

Also at issue is whether Graham can be tried for aiding and abetting Richard Marshall, a member of the Oglala Sioux Tribe. Piersol said the statute at play requires both people to be "Indian" under federal law.

The trial was due to start May 12. Aquash, who was Mi'kmaq from Canada, was murdered on the Pine Ridge Reservation in December 1975.

Get the Story:
Week away, Aquash trial stalled by appeal (The Rapid City Journal 5/6)

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