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Judge splits decision in '75 AIM slaying

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A federal magistrate told prosecutors to turn over a few more details in the case against a Canadian man charged with a 1975 killing but ruled against John Graham in his request for other information.

His first-degree murder trial is scheduled to start Oct. 6 in Rapid City for the slaying of fellow Canadian Annie Mae Aquash on Pine Ridge Indian Reservation.

Both were AIM members, as was Arlo Looking Cloud, who was convicted in 2004 and sentenced to a mandatory life prison term for his role.

Witnesses at his trial said he, Graham and another AIM member, Theda Clark, drove Aquash from Denver and that Graham shot Aquash in the Badlands as she begged for her life.

A third AIM member, Dick Marshall, was indicted last month on charges he aided and abetted the killing.

Graham's lawyer earlier asked for details of "expense reimbursements" of $69,066 and $49,083 to Serle Chapman and Darlene "Kamook" Nichols. He also sought an unredacted copy of an FBI report indicating an unnamed informant saw Aquash alive Feb. 12, 1976, two months after prosecutors believe she was killed.

Government lawyers responded that Chapman and Nichols were not paid informants but cooperating witnesses who were reimbursed for having to relocate because of "harassment, retribution and retaliation" stemming from their cooperation. As for the FBI informant's name, the government is entitled to protect that person's identity, they argued.

Federal Magistrate Veronica Duffy has filed an order requiring the government to give the defense within five days details of the $49,083 reimbursement to Nichols if she will testify at Graham's trial. Otherwise, they do not have to disclose the information.

Nichols testified at Looking Cloud's trial.

Chapman did not testify earlier but if he will be a witness at Graham's trial, prosecutors must also have more documentation ready to give the defense regarding that reimbursement, Duffy ruled.

The defense also sought the date of a letter written by Chapman's wife. Duffy wrote that if prosecutors have the envelope, they must turn it over. Otherwise, they are not obligated to disclose anything else regarding that request, she wrote.

The defense earlier identified Chapman and Nichols in its motion but the prosecutors and judge used aliases.

Regarding Graham's request for the name of an informant who reported seeing Aquash alive days before her body was found, Duffy gave lawyers on both sides until Monday to privately show her more details about the person before she rules.

"Including the known or suspected identity of the witness, whether the witness is expected to testify, the expected substance of the witnesses' testimony, and whether the witness was a central participant or observer in the events which will be described at trial, or a mere tipster for this single, discrete report," she wrote.

"Given the date of discovery of Ms. Aquash's body on Feb. 24, 1976, and the advanced state of decomposition of that body at the time it was discovered, it seems clear that the witness who reported seeing her alive a mere 12 days before must be mistaken. But that is not the end of the inquiry," Duffy wrote.

A rancher found Aquash's body north of Wanblee. Prosecutors have said they believe she was killed there around Dec. 12, 1975.

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