Two men charged with the 1975 slaying of Annie Mae Aquash should be tried together, a federal magistrate judge has ruled.

U.S. Magistrate Judge Veronica Duffy on Dec. 27 denied motions to hold separate first-degree murder trials for John Graham and Richard "Dickie" Marshall. Prosecutors believe Marshall provided the gun and ammunition that Graham allegedly used to fatally shoot Aquash, a fellow member of the American Indian Movement, on the Pine Ridge Indian Reservation.

In his motion to sever the trial, Graham's attorney, John Murphy, argued that his client had a right to confront his accuser, referring to an alleged statement by Marshall implicating himself and Graham. Murphy also expressed concern that Graham and Marshall would be presenting conflicting defenses.

Marshall's attorney, Dana Hanna, cited concerns that his client would be considered guilty by association. The government has a stronger case against Graham than against his client, Hanna said.

Prosecutors opposed the requests for separate trials, saying the men should be tried together because they were jointly indicted on similar evidence from the same series of events and that a joint trial is more efficient. U.S. Attorney Marty Jackley also argued that neither defendant made statements to law enforcement that sufficiently implicated the other.

Judge Duffy agreed. She found that the men's defenses were not mutually antagonistic and that there is no evidence to suggest a jury could not compartmentalize evidence against each defendant.

Murphy declined to comment Tuesday, saying he had not had time to read the 44-page ruling. Hanna did not return a call Tuesday afternoon. Both attorneys have 10 days to object to Duffy's ruling.

Hanna also has filed a motion to dismiss the indictment against Marshall, saying the government has an unfair advantage because it took 33 years to indict his client.

Marshall's ex-wife, Cleo Gates, testified at the 2004 trial of Arlo Looking Cloud that her husband was out on bond at that time and was not allowed to possess any firearms. She said a rifle and shotgun that were at the house had been taken to the home of Marshall's mother and stepfather, Cora and Joseph Galligo.

Both Cora and Joseph Galligo have since died. In his motion to dismiss the indictment, Hanna said the 33-year delay had deprived his client of two critical witnesses whose testimony would have contradicted Looking Cloud, who was convicted of Aquash's murder and is now cooperating with the government.

Hanna also said law enforcement officers who interviewed Looking Cloud in 1994 were unlikely to remember details of a critical statement he said that Looking Cloud was making when a tape of the interview ended. He maintains that Looking Cloud's full answer would contradict his recent claims of seeing Marshall provide a gun.

Graham and Marshall are scheduled to stand trial Feb. 24 in Rapid City. If convicted, they would face life in prison.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com