A federal judge dismissed a key charge against a man accused of murdering American Indian Movement activist Anna Mae Pictou Aquash and indicated the remaining charges will be dismissed.

Judge Lawrence Piersol agreed that John Graham can't be charged with aiding and abetting because Graham is not "Indian" under federal law. Graham is Native, but from a First Nation in Canada.

Piersol scheduled a hearing to determine whether Graham should be tried with Richard Marshall, a member of the Oglala Sioux Tribe. Since Graham is not "Indian," Piersol said it is likely he can't be charged in federal court.

Graham could conceivably charged in state court for the December 1975 murder of Aquash. Federal prosecutors are going to try to keep the case against him alive.

Get the Story:
Key charge dismissed in 1975 Pine Ridge AIM case (AP 5/1)

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