A federal judge dismissed an indictment against a Canadian man who is accused of murdering Anna Mae Pictou Aquash.
Judge Lawrence Piersol said the charges against John Graham failed to identify him as an "Indian" under federal law. Graham is Tsimshian from the Yukon in Canada and is not a member of
a U.S.-recognized tribe.
Aquash, who was killed on the Pine Ridge Reservation in South Dakota in December 1975 was Mi'kmaq from Nova Scotia in Canada. She was not a member of a U.S. tribe either but it does not appear Piersol based his decision on this factor, going by the Associated Press report.
In response to the dismissal, the U.S. Attorney in South Dakota filed a new indictment against Graham that lists alternative charges and identifies both Graham and Aquash as "Indian."
Get the Story:South Dakota AIM slaying charges dismissed (AP 10/3)
Charges dismissed against Canadian activist in 32-year-old U.S. murder (Canwest News Service 10/3) Related Stories:
Aquash, Canadian woman, was 'Indian' prosecutors say (10/1)
Aquash murder defendant seeks dismissal of case (9/25)
Aquash murder defendants to be held in same jail (9/4)
Third man indicted in 1975 murder of Aquash (8/27)
Judge orders evidence search in Aquash murder case (6/24)
Another delay sought in Aquash murder trial (6/19)
Aquash murder defendant seeks trial delay (3/4)
Quick trial expected for Aquash murder defendant (12/12)
Editorial: Hope for healing in Aquash murder case (12/10)
Aquash murder suspect quickly extradited to U.S. (12/10)
Aquash murder suspect loses extradition appeal (12/7)
Canadian man awaits word on Aquash extradition (12/5)
Bill Means: AIM will defend record in court (9/6)
Aquash murder defendant fights extradition (08/10)
Aquash murder defendant appeals extradition (8/2)
Aquash murder defendant loses extradition appeal (6/27)
Aquash murder suspect appeals extradition order (5/18)
Aquash murder suspect remains on house arrest (03/05)
Man convicted of Aquash murder gets new lawyer (09/18)
Aquash family patient as wheels of justice turn (07/10)
Man to fight extradition for murder of Aquash (06/23)
Man charged with Aquash murder free on bail (11/08)