Anna Mae Pictou Aquash, the American Indian Movement activist who was killed on the Pine Ridge Reservation in South Dakota in December 1975, was "Indian" even though she was from a tribe in Canada, according to federal prosecutors.

John Graham, who is Tsimshian from the Yukon in Canada, is also "Indian," the U.S. Attorney in South Dakota says. That would mean Graham can be prosecuted in federal court for Aquash's murder even though neither are members of a U.S.-recognized tribe.

According to the U.S. Attorney, Aquash and Graham were affiliated with the Oglala Sioux Tribe and took part in ceremonies and customs.

Graham is seeking to have the case dismissed since his lawyers say neither he nor Aquash are "Indian" under federal law.

Get the Story:
Prosecutors say SD slaying defendant is Indian (AP 10/1)

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