John Graham, one of the men accused of murdering American Indian Movement activist Anna Mae Pictou Aquash, will apparently face charges in state court.

Graham is Native from Canada. But since he is not a member of the U.S.-recognized tribe, he can't be charged in federal court for the December 1975 murder of Aquash on the Pine Ridge Reservation in South Dakota.

That means the state can assert jurisdiction. South Dakota Attorney General Marty Jackley will announce the state's involvement this morning, the Associated Press reported.

Jackley previously prosecuted the case as the U.S. Attorney for South Dakota. He was appointed as state attorney general after his predecessor, Larry Long, left for a state judgeship.

Get the Story:
State gets involved in AIM slaying case (AP 9/10)
Defendants object to trial delay for 1975 killing (AP 9/10)

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

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