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John Graham lawyer to appeal conviction, life sentence in Aquash murder trial in South Dakota

John Graham.

Joni Miller/courtesy John Graham Defense Committee

"Cruel and unusual punishment" cited as grounds to allow parole

By Martin Dunphy,

The lawyer for a Canadian Native man convicted of murder in the U.S. says he will appeal both the conviction and the sentence.

“We filed our notice of appeal today, actually,” John Murphy told the Georgia Straight on February 4 of plans regarding his client, John Graham.

Graham, a Yukon-born Southern Tutchone and former Vancouver resident, was convicted by a jury of felony murder on December 10, 2010, in the 1975 shooting death of Canadian Native activist Anna (sometimes spelled Annie) Mae Aquash in South Dakota. In January 2003, a federal grand jury indicted Graham and another man, American Native Fritz Arlo Looking Cloud, on murder charges. Looking Cloud, who implicated Graham, received a guilty verdict in 2004 and was sentenced to life in prison.

On January 24, 2011, in Rapid City, South Dakota, Seventh Circuit Judge Jack Delaney sentenced Graham, 55, to life in prison without parole. The sentence is mandatory under state law in effect in 1975, and Graham will serve his time in a state correctional facility.

The prisoner was previously found not guilty of premeditated murder in the sensational 35-year-old case. “The jury found him guilty of participating in the kidnapping of her [Aquash] that ultimately led to her death,” Murphy explained of the difference between a finding of premeditated murder and that of felony murder. Aquash’s body was found in February 1976 on the Pine Ridge Indian Reserve.

On the phone from his Rapid City office, Murphy said the notice of appeal “is just a one-paragraph note that starts the clock”. He said the appeal process would probably take nine to 12 months.

Noting that he wouldn’t give any details of the grounds for his appeal of the conviction “even if I was able to”, Murphy did elaborate some on the sentence challenge.

“The life-without-parole sentence is improper in this case, and we’ll be challenging the constitutionality of the sentence [that] the statute requires,” he said. “It’s cruel and unusual punishment for the charge of felony murder that was committed by a 19-year-old.”

According to the Rapid City Journal, Murphy argued during the sentencing hearing that Graham, who had been in custody in South Dakota since his extradition from Vancouver in 2007, should be eligible for parole. Judge Delaney denied Murphy’s objection, leaving the matter to a higher court.

Murphy represented Graham in previous appearances in federal court where charges were dismissed for jurisdictional reasons (Graham and Aquash both belonged to First Nations not recognized by the U.S. government). He said Canadians should find it “of interest” that U.S. officials still pressed murder charges, even after they lost their appeal of the federal charges’ dismissal. “Was it proper for him to face state charges after he was extradited under federal laws? After the federal courts dismissed it [murder charges], he was subjected to state prosecution.”

Murphy also noted that the former U.S. attorney for South Dakota who prosecuted Graham federally, Marty Jackley, was later appointed the state’s attorney general. “He was the guy who lost the [federal] appeal”¦and then he brought the state charges.”

The Rapid City Journal reported that before his sentencing, Graham spoke to Aquash’s daughters, Debbie Maloney and Denise Maloney Pictou, in the courtroom: “The truth hasn’t come out here,” Graham said. “I’d like to tell your family that Annie Mae wasn’t kidnapped”¦she wasn’t murdered in my presence”¦that just did not happen.”

Graham has maintained that he only drove Aquash from Colorado to a so-called safe house in South Dakota.

Maloney Pictou held up a photograph of Aquash and said: “This, John Graham, is what you stole from me.” Maloney told Graham: “I looked at you and I pitied you.”

Comments

Rapid
Charges should be reduced to 40 or 50 years
 
W Jones
Here we go again... another legal loophole as an escape route.
Graham's attorney John Murphy actually told the court that he believed the prosecution HAD proven it's case for 2nd degree murder. Graham and Murphy did not present any counter argument or call a single witness, yet Graham tells the victim's daughters that the truth hasn't come out.
Did he expect his truth to be told if even HE didn't tell it?
 
Comrade Black
Actually he said the Defense had proven it's case, because they felt the prosecution hadn't proven anything.
Not one piece of physical evidence, nothing. Only the testimony of a man that has lied on stand numerous times, was drunk when confessing, and has changed his story many times, and the testimony of an FBI agent, and that of a womyn who's husband had an affair with the victim.
anyone who takes the time to look deeper into this case will see that nothing makes sense and Graham's conviction is based on very little.
Why out of the 76 Indigenous persons that were missing or murdered at Pine Ridge, most of which were killed by the FBI or GOONS, did the FBI only ever investigate this one, which they pinned on another AIM member?
 
saoirse
The jury only had to believe that it may have "been possible" that Mr. Graham was involved in her kidnapping. The jury did not believe he committed murder. This whole case was based on 35 years of heresay, and paid government informants for the prosecution. They even tried to say that Mr. Leonard Peltier, who was also illegally extradited from Canada ordered her execution; a man who could not defend himself, as he has been serving 35 years in jail for murders he did not commit. Best to get more information about this case, before you pass judgement. And find out about our Extradition Treaty with the U.S. Canada will hand over any the U.S. wants, whether it breaks the treaty (again) or not.
 
W Jones
I don't think you were there Comrade Black or you would have heard the conversation with the judge where John Murphy conceded that the prosecution HAD proven the charge of 2nd Degree Murder, but not 1st degree murder. It is in the court record and cannot be expunged by rumors.
The jury process demands that the jury is UNANIMOUS in believing BEYOND REASONABLE DOUBT that a defendent is guilty for anyone to be found guilty of any charge against them. If the bar was as low as 'been possible' US prisons would be much damn fuller than 10% of the American population incarcerated.
Peltier was found guilty. Therefore that fact is admissable in any US court. people can argue about the process that brought him to that place, but now he doesn't get to defend himself in a court, he gets to attempt the parole process. So far he has consistently been denied parole because he will not admit or show contrition for his crime. That is his option... and it will also become John Graham's option if his attorney manages to get life without parole (the sentence applicable at the time of the crime) overturned for life with the possibility of parole. Graham will have to admit he was there (and that should not be such a problem for him since he has already done so and that admission is on tape) and that he is contrite for his involvement.
To Saoirse, I know way more about this damn case than I ever wanted to, and quite obviously more than you seem to. The witnesses had to tell what they SAW. That is why he was in fact convicted... because 4 people recounted seeing Anna Mae tied, held against her will and taken away and they remembered seeing for themselves that John Graham was there. That is not hearsay. That is 1st person evidence. All the crap that appeared on the internet prior to his case being heard in court was probably hearsay, but hearsay was not permited in the court, and particularly not in front of Judge Delaney. You didn't hear any of the witnesses for the prosecution running about giving interviews or publicising themselves, but boy oh boy the defense did. One of them is selling music albums off the back of this case, the defense lawyers made an incredible amount of money at $120 per hour for their time, one of them is running ads in Indian Country based onthe fact that he got Dickie Marshall off, and the debacle of lies was shameful.
During the Reign of Terror way too many people died. Many of the deaths you mention were in fact investigated, and it is known what happened to those poor souls.
But if you are truly concerned with justice, why don't you take an honest look at what happened to Ray Robinson? Then why don't you try matching the stories of people like Madonna Thunderhawk, or Candy Hamilton, or Bruce Ellison, or Vern Bellecourt or Bill Means or Dennis Banks, or Chris Westerman, or Carter Camp. Try it. It would be funny if it didn't involves the innocent deaths of people who were trying to help themselves and their Nations.
 
James Simon
Kinda funny, Grahm whining about "life" when he was convicted of taking one. For the perspective of somebody in the courtroom see:

aimmythbusters.com

Bottom line: Expect more indictments.
 
Behind the scenes
Graham needs to rot in prison! Too bad he didn't get the death sentence!
 
Charmaine Steele
Annie Mae Aquash, died from frost, according to two autopsies. After studying the weather charts of the area and the surrounding areas, for the time period the coroner stated as the TOD - about 10 days (before Jan24/76)making the date of death-February 14 1976. It is very clear that her death occurred exactly when the coroner stated and not on December 12, 1975. You cannot alter an estimated time of death by 64 days. You cannot hide an autopsy that suggests the gun shot was most likely self inflicted. All people knowing her would be certain that she would not commit suicide due to depression...but unless you have ever been stuck out in a sudden change of weather where you were aware of the frost biting at you and eating you...you may not realize it, but if you had a gun in your pocket, each and every one of us would do the same thing, under the circumstances. She did not die from the (self inflicted) gun shot....she died from the frost.
 
Charmaine Steele
The word "genocide" comes to mind.
 
Dr.Only
I don't know who W Jones is, but I find some of the things you are saying to be alarming. Alarming because I don't believe you really know as much as you pretend to. I have known John Graham personally for a long time and I have known his entire family, nothing could convince me that there are murderous inclinations from him...nor would I ever believe that somebody could ORDER him to commit an act so out of his character. There are a lot of people who made money off this case, including some people in Vancouver who were paid more than $10,000 to help finger John...Who is paying W Jones? Any chance you are related to somebody with the last name White?
 
rezinate
As I've addressed in my blog the contention that the above responder posts with the bizarre scenario of Annie Mae dying not as the result of a gunshot to the head but due to frostbite is profoundly ignorant-it is not borne out by two autopsies and anyone can verify that.
This poster has stated in my blog that Annie Mae was hitchhiking home, hiding from cars and trucks, carried a small pistol, and as the result of knowing she was frostbitten shot herself. This while posting in a disjointed way in Polish obviously using and online translator.
Below are two links where any can read Charmaine Steeles words and decide for themselves.
Notice how much more articulate CS seems to be in this venue-makes me wonder how that is and what the motivation was.

http://rezinate.wordpress.com/2010/11/12/they-just-make-that-shit-up-2/

http://rezinate.wordpress.com/2011/03/21/a-moment-of-silence/
 
Anakis
I have to agree with Rezinate. Charmaine Steele's comments on various websites have been bizarre, to say the least. He/She, troll that they are, will post a comment, then delete it moments later. We're on to you, Charmaine.
 
Barbara Nixon
HMMMMMM...Hitch hiking in February SD weather. Dying of frostbite.....PHUCK...oh well...think i'll just shoot myself in the BACK of my head so I wont see it coming! Wow how stupid can some people be?
Sources tell me that she was shot in December......held in an undisclosed location 'on ice'. Her body froze...thawed...and refroze again numerous times. WHERE she was shot is debatable.....where she was 'held' until her body was dumped off in Wanbli is still a mystery to most......did she take her own life? .......deffinately NOT!
 
cocoplain
Ms Aquash died from frost, according to 2 coroner's reports. The 2nd report, noted a (previously missed) small caliber gun shot, located to one side, of the back of her head, hidden under the hairline and a bullet lodged in her eye. (the description of location and range of the shot, strongly suggests it to be self-inflicted) The bullet missed the brain and was not the cause of death.
The cause of death was FROST.
Ms Aquash was familiar with the use of firearms.
If she had wanted to "kill herself"
because she was in excruciating pain,
she easily could have, shot herself in the temple.
The pain she was experiencing,
by being rapidly flash frozen
while also being, consciously aware
is unimaginable.
The pressure from her eyeballs
expanding as they froze
first blurring her vision
followed by comlete blindness,
Drove her to purposely aim
the gun to the back of her eyes
thus knocking both eyes out.
She still did not want to die
only sought to relieve her worst pain.
Having missed the brain
she would have still been
consciously aware
of her rapidly deteriorating
conditon.
And spent her last minutes
feeling arpound for thew gun
and in Prayer.


 
cocoplain
Check the area (Kadoka's) ten day weather history, for yourselves....(saves the bother of blabbing on about that which you have no clue.) I was married on that day, February 14 1976 - is why I recall the weather so well. An unseasonably beautiful warm sunny day, with a dramatic change later on.
 
cocoplain
Weather History Chart for Kadoka SD February 14 1976 - February 24 1976by Charmaine Steele on Friday, April 1, 2011 at 6:28pm


DATE - FEBRUARY 1976 MIN TEMP ~ MEAN TEMP ~ MAX TEMP~ WGust~Sus~MAX



14 - 1976 34.0 42.5 57.0 14.73 17.99 32.22

15 - 1976 30.2 44.6 54.0

16 - 1976 33.1 40.9 50.0

17 - 1976 31.1 40.2 48.0

18 - 1976 21.2 32.7 43.0

19 - 1976 19.2 34.1 46.0

20 - 1976 22.1 29.6 44.1 17.38 22.90 40.28

21 - 1976 8.2 22.4 37.9 13.0 21.00 29.92

22 - 1976 19.2 29.1 51.1

23 - 1976 30.2 41.1 61.0

24 - 1976 30.2 45.2 63.0


 
cocoplain
SEVEN Horrific head injury X-rays of People who survived.
urbantitan.com
Online Magazine for the most Popular weird bizarre news and story's (see # 4 and 6)
 
http://rezinate.wordpress.com/wp-login.php
One has to assume then that suicide is preferred to frost bite-I'd like to see some statistics on that . I assume then that being shot in head and laying in a ravine would have little if any impact on suffering frost bite or dying. That frost bite wouldn't be a natural occurrence when a person has
shot and left exposed in the midst of a S. D. winter
Other assumptions have to made as well-among them that
Thelma Rios, Arlo, and at least thirty other sworn witnesses lied under oath-among them some who were present when Annie was taken and the various stops at pr-even Marshall admits she was brought to his house-his testimony alone makes a lie of the wandering hitch hiker tale, but don't anyone be confused by facts.
Even Russell of all people acknowledges she was murdered at the hands of AIM-personally I think making such assumptions amounts to blabbering and a standard part of the AIM agenda.
I would suspect that cocoplain is yet another incarnation
of steele and I would like to know what part of the autopsy report alludes to suicide or suggests the possibility due to location of the wound? I would also like to know if this was
a self inflicted wound by a person wandering alone what became of the weapon? Did she bury it after shooting herself-did coyotes carry if off?
This entire line of non reasoning is about as cogent as what was initially addressed. Somebody needs to put on their thinking cap.
 
cocoplain
FROSTBITE


Cause: Freezing of skin or tissues due to exposure to temperatures at or below freezing.

Commonly by exposure to liquids that freeze at low temperatures such as gasoline, cleaning solvents, and salt water, or high velocity wind flow or metal surfaces.

EXPOSURE CAN OCCUR IN MINUTES!

Wind or contact with wet clothing may produce an effective temp in freezing range when air temperature is above freezing.



SYMPTOMS: First degree: Aching, tingling sensation with cold and numbness. Skin usually turns red.
Second degree: Pale grey and waxy white.
Third degree: Black--no feeling no blood flow
 
Anakis
Cocoplain aka Charmaine Steele. Post whatever you want, but you can't hide. We're still on to your games, Charmaine.
 
cocoplain
FEBRUARY 14 - 1976
WGust~Sus~MAX WIND
14.73 ~ 17.99 ~ 32.22
 
cocoplain
In this case, what they are saying is - they believe the "hear-say-gossip" about John, Arlo and Thelma giving a ride to the deceased on December 12 1975 and had they not given her this ride, she would not have ended up deceased, on February 14 1976. The deceased's own mother could then, in fact, be charged with felony murder because, lets face it- if she had not been born, she would not have ended up deceased.....so These people being charged are about as guilty as the woman's own mother. Ridiculous? certainly. These unfortunate souls, gave a ride to a woman who was on the lam after having skipped out on her bail and not appearing in court, after having promised the judge she would appear. Some call the ride she was given- "aiding and abetting." Because the woman was upset at her situation, that being, her backing her very own self into a corner, where she had no choice but to return to Canada forcing herself to leave behind the people and the place she had grown to love. Of course she was upset. She was probably even upset that all of her friends and comrades were being stalked and harrassed, even more by the local law enforcement officials because of her. She had returned home to Canada, just prior to her death....now that does not sound like someone in fear for their life from her friends, does it? Why did she not stay home, with her children and family? She didn't feel like it, that's why.

 
cocoplain
I am sorry that some folks are not able to read or comprehend facts.
This entire case begins and ends with a very sad, pitiful, pathological liar who also happens to be a sociopath, in dire need of treatment. Thankfully,with the new lie detector mechanism, it will be very clear in the near future, that she is aware of the fact that she does not speak the truth...in fact-she knows she is lying.
Herself having as much compassion as my crushed toe, would not know a "victim" if they were lying screaming and bleeding at her feet. She certainly has no real business, in any capacity, dealing with "Justice for Indigenous Woman." There are countless-real- Indigenous woman victims, not able to access/receive justice or compensation, while this woman is paid funds, meant for these woman (who dont get any) and she goes on coast to coast "lie and hate conventions," with these funds. Please join me in saying-"enough is enough!"
 
cocoplain
EXPOSURE CAN OCCUR IN MINUTES!

Wind or contact with wet clothing may produce an effective temp in freezing range when air temperature is above freezing.
~
Listing the 10 day high temperatures, Feb 14 1976 - Feb 24 1976
14th-57.0 15th-54.0 16th-50.0 17th-48.0 18th-43.0 19th-46.0 20th-44.1
21st-37.9 22nd-51.1 23rd-61.0 and the 24th-63.0
WIND MAX ~32.22~ February 14 1976
 
rezinate
What I'm sorry about is that crushed toes don't lead one to call for all associated with Annie Mae's murder to take a polygraph, or for Peltier to who stated he wanted one to "prove" Branscombe made him and offer and yet won't take one to "prove" he is "innocent". Something really wrong with that picture.
Enough is enough-it certainly is after three plus decades-but the good news is more indictments will be coming-and at least one other person will realize "enough is enough" and step forward to tell the truth just as Rios did.
I suppose now though the champions of truth and justice will cobble together some story about her being a "fed mole".
What a pathetic lot.
 
rezinate
I would like to extend an invitation to cocoplain to bring their unique take on all this to my blog for discussion-though I suspect they have previously been there under a different guise.
Surely one so dedicated to the concept of truth and justice
will have no hesitancy in accepting this invitation-I'll provide an update whether the invitation has been accepted or not.

http://rezinate.wordpress.com/
 
cocoplain
FEBRUARY 1976 MIN TEMP ~ MEAN TEMP ~ MAX TEMP

14 - 1976 ~ 34.0/1.11 ~ 42.5/5.83 ~ 57.0/13.88
15 - 1976 ~ 30.2/ -1.0 ~ 44.6/7.00 ~ 54.0/12.22
16 - 1976 ~ 33.1/ 0.61 ~ 40.9/4.94 ~ 50.0/10.00
17 - 1976 ~ 31.1/0.49 ~ 40.2/4.55 ~ 48.0/ 8.8
18 - 1976 ~ 21.2/-6.0 ~ 32.7/0.38 ~ 43.0/6.11
19 - 1976 ~ 19.2/-7.11 ~ 34.1/1.16 ~ 46.0/7.77
20 - 1976 ~ 22.1/-5.49 ~ 29.6/ -1.33~44.1/6.72
21 - 1976 ~ 08.2/-13.22~ 22.4/-5.334~37.93.27
22 - 1976 ~ 19.2/-7.11 ~ 29.1/ -1.6 ~ 51.1/10.61
23 - 1976 ~ 30.2/ -1.0 ~ 41.1/5.05 ~ 61.0/16.11
24 - 1976 ~ 30.2/-1.00 ~ 45.2/7.33 ~ 63.0/17.22

WIND SUS-GUSTS~MAX SUS-GUST~MAX WIND

14th ~14.73/23.70 ~17.99/28.95 ~ 32.22/51.85
21st ~13.00/20.92 ~ 22.90/36.85 ~ 40.28/64.82
23rd ~10.36/16.67 ~15.00/24.14 ~ 21.86/35.18
24th ~11.97/19.26 ~17.90/28.80 ~ 24.70/39.75

 
rezinate
I attempted earlier to invite cocoplain to continue this in
my blog, even though I suspect he has tried that previously under another guise-apparently I didn't word it properly or committed some faux pas as it didn't make it past the mod,
and in attempting to be as generic as I can now maybe this one will.
http://rezinate.wordpress.com/
 
rezinate
Well hopefully coco this isn't all you have-a redundant posting of weather information-don't exactly see that as "proof". Perhaps if you address the evidence and testimony it will serve better-perhaps too if you break with the ordinary procedure of many you will address the fact that Russell
fingered both Graham and Vernon '99-would you follow the same standard applied to everyone else and say he is a fed or a snitch?
He said she was murdered-didn't say a word about frostbite or aimlessly hitch hiking across America-but then neither did Marshall who said she was taken to his house
by Graham, Arlo, and Theda-would you say he is a fed or snitch, or merely post some more meteorlogical records?
Russell has also admitted that the call issuing the order to
murder Annie Mae went to his brother's house-perhaps you can explain why anyone would make such a statement about their own brother if it wasn't true?
Yeah, I know, not a little wiggle room-but that's a characteristic of the truth isn't it?
Appreciation to straight.com for their coverage and allowing comments-an open and free media is the bulwark of any society.
 
cocoplain
With the combined low temp and high wind, we have the "WIND CHILL FACTOR." February 14 1976, the warm weather changed suddenly creating a WIND CHILL of -6.66 C, adding to this equation is the fact that the deceased had gotten wet, was dehydrated, (from the wind) AND suffering from the condition created by the "EXTREME FEAR FACTOR." (depleting her muscles of their proteins and enzymes) *Thanks to Environment Canada -
Wind also makes you feel colder by evaporating any moisture on your skin-a process that draws more heat away from your body. Studies show that when your skin is wet, it loses heat much faster than when it is dry.
 
rezinate
Appreciate the meteorolgy 101- I think readers have a pretty good idea of what's going on here with your lack of willingness to answer even the simplest of questions.
People have survived "horrific" head wounds-begs the question how many haven't? There are cases of people falling thousands of feet and surviving-I don't believe that
is accepted as the norm though.
This sort of "evidence" you present is anecdotal at best, and surely could be construed as what is known as a straw man argument.
In the context of this line of reasoning one would be compelled to say that those who died at WK 1 did so not
as the result of gunshot, but rather due to either suffering frostbite that led to a mass suicide or laying exposed
to the elements in the aftermath- and please don't any say
it was a mass suicide, or produce weather charts for December 29, 1890- everyone knows it was the butchery of a basically defenseless people, much the same as the butchery of raping, beating, and shooting a defenseless woman in the back of the head was.
I'm sure there are studies that also show that being raped,
beaten, and shot in the head aren't exactly conducive to well being-but don't trouble your self with those- you apparently have enough to deal with as it is.
 
Anakis
What I want to know, cocoplain, is how do YOU know that Annie Mae, to whom you refer to as 'the deceased', 'had gotten wet, was dehydrated, (from the wind) AND suffering from the condition created by the "EXTREME FEAR FACTOR.' You have yet to explain your information and factual sources....unless you were there and involved in some way. What are you trying to tell us?
 
Charmaine Steele
The "Extreme Fear Factor," causes the muscles to lose their enzymes and proteins.
This condition prevents a person from having their normal strength and endurance, thus, severely weakening them.
A person having died, shortly after experiencing the "Extreme Fear Factor," dies more rapidly, with an unusual form of rigor mortis that sets in abnormally fast, and changes their appearance dramatically. The deceased becomes more shapely. (Explaining why nobody recognized the deceased, she was of an entirely different shape)
The first thing said by one of the lawmen on the scene was something to the effect of "well, there was no rape involved." (because the deceased was fully clothed) One of the first things said by the coroner was - she has a "good shape." After the first autopsy the coroner noted that there was no evidence of rape and that the deceased had engaged in sexual intercourse in the days before her death. The first coroner W.O.Brown, stated that the deceased, who was found on FEBRUARY 24 1976, had been dead "about 10 days," making the TOD FEBRUARY 14 1976 and further stating that she had "died from FROST. 2 men are in prison for life,on the pretense that this woman died on DECEMBER 12 1975. It is scientifically impossible for this woman to have become deceased on December 12 1975.
A dead body (out in the elements) smells like the earth around it after 30 days. The coroner could tell at a glance that the deceased died from frost, (a familiar sight for him) why would he be looking for a hidden bullet, after spending time with a putrid 10 day old corpse, the number one issue was to rule out rape. Having "evidence of sexual intercourse in the days before death".....is NOT rape.
 
rezinate
And how would anyone know if a rape hadn't occured at some point prior to the murder? Scientifically impossible to have been murdered on 12-12-75? I guess that doesn't take into consideration based on you other "scientific" facts regarding weather that she basically in a prolonged freezer produced by the elements-sorry, but you just can't have it both ways.
The first coroner Brown-are you sure you even want to go there-and the botched autopsy-this man you would site was so inept, so indifferent, and conducted such a cursory examination he didn't even find the bullet wound.
Ask yourself too why the defense over the course of years
filed motion after motion to block dna testing.
Try addressing the finding of the second credible autopsy
if you would have any credibility.
Maybe link some of these scientific statements you're
making-something other than the weather report.

 
Charmaine Steele
WIND increases the rate of decomposition by up to twice as fast. The freezing and thawing of a body, slows the process down. The warm Chinook winds of February, would also speed the process up. With the unusually warm highs of 57f, 54f, 50, 51, 61f, and 63f and considering the lows of -13.22c, -1.61c, -1.00c -1.00c and the WIND factors, during the relevent time in question, we can clearly see that the Coroner was correct in stating the deceased, found on February 24 1976, died (about) 10 days earlier February 14 1976 NOT December 12 1975
 
rezinate
Address the second autopsy-you know, the one performed
with a level of competency. Or do you completely dismiss that as it doesn't fit with the scenario you attempt to advance? Which, if government were are transparent as it is things would be much better.
 
Charmaine Steele
-6.66 is not really cold enough to be rapidly frozen, without being wet.
Freezer burn and frost bite are 2 totally different things. There was no freezer involved
 
Charmaine Steele
The Coroner, the late, W.O.Brown, took alot of criticism and harrassment over his missing the small caliber bullet that was lodged in the deceased left eye socket. Considering the fact the brain was intact, with the shot being hidden under the hairline, projecting upwards towards the back of the eyes (a shot strongly suggesting it to be a self inflicted gun shot.) and the fact that the deceased had obviously died from frost, it is understandable that the Coroner, the late W.O. Brown, after having performed an otherwise thorough autopsy, was not looking for a hidden bullet.
He was being bombarded with calls and questions from the family, the feds, the bia, the AIM and even the Godfather, Marlon Brando.
In his book, "Songs My Mother Taught Me," Marlon Brando, mistakenly stated that Annie Mae had been shot in the back of the head execution style, with alot of damage to the brain, which was the rumour going around at the time.
To be shot execution style is to be shot at some distance, in the centre of the back of the head, ensuring the bullet goes through the brain, resulting in death, and ensuring the shooter is not covered in matter. Ms Aquash was NOT shot "execution style." Her brain was intact, the shot did not kill her, the FROST did, on or about, February 14 1976.
 
Anakis
Charmaine, I've read your recent posts, but I will not waste my time in replying. You've read too many books by the 'forked-tongue', which has influenced your rational thinking, along with adding your own confabulations into the mix. All I can do is speak the truth.
 
rezinate
Seems as though not only Brando but all who find your contentions laughable are "mistaken" to hear you tell it.
Just curious, do you buy into the 9-11 "truther" thing- the
"birthers", the staged lunar landing, alien abductions,Elvis
is still alive, etc etc?
Something like 600,00 words in the English language-
most of it double speak, and it's evolution has created legalese, treaties that were worthless the moment they were written, contracts which nobody can understand, the infamous fine print, loop holes, evasions that never answer a direct question, and is the favored venue of politicians who have an explanation for everything-you follow a long standing tradition that places a greater value on words,
than logic, critical thought, and truth.
 
Charmaine Steele
When a person dies, out in the elements, they create a CDI (cadaver decomposition island) changing the elements in the soil (forever) initially killing off all vegetation, followed by the creation of a unique soil with a different, flourishing vegetation.
After finding such a place, the case makes perfect sense, as you may certainly be able to determine for yourself.
As she was walking, north, she spotted a patrol car in the distant south. The EFF clicked in and she hurried down the hill and into the farmer's field, to hide. She got wet in a depressed puddle (depth unknown)
and then ran up the hill, to hide, change (her shoes) block the wind and perhaps, relieve herself.
With the rapid change in weather, the fact she had gotten wet and had no physical strength (due to the EFF) she was unable to get out of her predicament.
Considering the eyes are the last to freeze, it is obvious she was aware of being rapidly frozen and aimed the .32, purposely at the back of her eyes, and upwards, from the base of her skull, NOT to end her life.
She missed the brain and would therefore still be consciously aware, even getting up and making her way down the hill, (blind with no eyes) arms outstretched, to near the spot where she had gotten wet, hoping someone would see her.
She kneeled down and began praying.
Death came rapidly and rigor mortis set in rapidly...(both due to the "Extreme Fear Factor,") causing her to be "frozen," in her praying position.
The proof is in the soil composition, of 2 CDI's, the smaller one at the top of the hill, is where her eyes and blood were and the larger CDI is located where she died. The soil became (forever) rich in phosphorus, potassium, calcium, magnesium and with significant increases in the soils nitrogen.
If you would care to see the site, in-box me for a copy.


 
Anakis
Charmaine, RE: your last post. Try sending it to AIM GGC, Autonomous AIM, ROL, the FBI, Judges, Lawyers, witnesses, or the John Graham Defense Committee, and see what their response would be....hmmmm....you just gave me a new avenue to pursue.
 
Charmaine Steele
Canada v Taylor (1990)(Human Rights Commission) 3s.c.r. 892
The court specifically held that people don't nhave to intend to discriminate to be found guilty of discrimination under section 13.
 
Charmaine Steele
*Further, the absense of an intent component in s.13(1) raises no problem of minimal impairment when one considers that the objective of the section requires an emphasis upon discriminitory effects.
 
Charmaine Steele
*As in other human rights legislation an intent to discriminate is not a precondition of a finding of discrimination. To import a subjective intent requirement into human rights provisions, rather than allowing tribunals to focus solely upon effects, would defeat one of the primary goals of anti-discrimination statutes.
 
Charmaine Steele
A Ford Pinto is a hatch back, with the contents of the trunk visible to anyone looking in the rear window. Angie Begay Janis, testified she saw the deceased carrying a board and rope (which, she had thought she was tied to) The board would have been used by the deceased to hide under, in the hatchback to avoid being seen.Considering the fact that she was wanted by the law for skipping out on bail and failing to appear, anyone giving her a ride would be charged with aiding and abetting, explaining her need to hide under a board.
 
Mad Dog
CHS/ Cocoplain (or shall we say Coocoo Nest ?) - in one thing I MUST agree with you.

"This entire case begins and ends with a very sad, pitiful, pathological liar who also happens to be a sociopath, in dire need of treatment."

Well - LIARS we shall say..

And I hope ALL those who's names are connected with that case - will use that NEW Lies detector you mentioned..so we can see who has compassion here and who is speaking the truth :D

Will be violently happy to see Leonard Peltier, John Graham, Dennis Banks, Russell Means , Leonard Crow Dog and few others showing us how it is working by answering all those questions about Annie Mae, Ray Robinson, drugs, alcohol and guns usage during WK2, "Sun Dance " ceremonies in L.Crow Dog "Paradise"(photos are in Dennis Banks book), about selling Black Hills in June 1975(by Dick Marshall) and about taking money from Douglas Durham - who been described by Banks and treated as friend of AIM for all money and assistance he was giving them - while Annie Mae straight away said to not trust him as she is sure , he is FBI snitch...as it appeared on end,she was right. (All written in "Ojibwa Warrior" D.Banks)

Well- I understand that may be hard task - as people often ask why it took so long to begin indicting those responsible. Another way of asking the question might be: How did the AIM leaders and their lawyers keep the troops in line all these years?
Well, as one the members later recalled, “No one ever crossed Russell or Dennis.”


"To be shot execution style is to be shot at some distance, in the center of the back of the head, ensuring the bullet goes through the brain, resulting in death, and ensuring the shooter is not covered in matter."

Really? So consider how terribly you can FCK such thing, when you took order from Leaders and you experiencing the "Extreme Fear Factor,"(as they all experience it everyday till now, including leaders themselves) - and I must say it bothers me how it happen YOU know so much how to shot someone "execution style", such detailed explanations it quite scary!( I doubt it is only from watching Hollywood gangsta movies ...) - but when you drink and use drugs like men during WK2 did (I don't believe only Arlo was smashed and drugged there) MAYBE that's why to be sure he won't miss and will kill - he PUT gun so near to her head...

"evidence of sexual intercourse in the days before death".....is NOT rape." NO, evidence of such thing is not rape itself. BUT "unwilling participation/ being forced to participate sexual intercourse before death" - yes, that gives big reason to suspect it WAS rape and probably it wasn't one person who committed it. As I find very hard to believe someone who was interrogated and called "snitch" and "turncoat" would willingly have sex with those who call her such and suspected her to be cooperating with FBI, (I also think it's official excuse of those who want to hide that/what she saw and knew about WHO is really having best deals with Government agencies) with those who been said to "have sexual intercourse" even with 13-15 years old girls...

And be logic - IF she would be person such full of fear to try kill herself because she would afraid for her life - (oxymoron for me) - she WOULDN'T come from Canada to Wounded Knee event, but she would stay at home , not participating in anything. From all memories and mentions you can read about Annie Mae - no one remember her as person who would afraid, who would be coward hiding behind someone else's back. Those kind of memories and opinions are reserved for few others (men)- but not for her...

There were, after all, a lot of people involved in Anna Mae’s thoroughly pre-meditated murder.
As Graham was quoted as saying when he was fighting extradition from his native Canada,
“When everything comes out, I’ll have a lot of people to go with me.”
 
rezinate
Bravo Mad Dog-I suspect though this will be rebutted with some more weather reports-or pseudo "scientific" speculation about suicide with a gun as opposed to murder with one, and the manner in which it is accomplished.
 
Anakis
Thank you, Mad Dog, for commenting with logic, facts, and forethought. After reading Charmaine Steele's post from 4/8/11, stating that Annie may shot her eyeballs out, and then proceeded to wander around, blindly, hoping someone would find her.... it makes me wonder what planet he's on. The man seriously needs help.
 
Charmaine Steele
The proof is in the soil, Anakis. On the picture, go up the hill, to the right of the spot and zoom in to the (smaller,CDI) 2 narrow rows of flowers growing down the hill and you will see it is the place where she shot her eyes out. The flowers and changes in soil reflect that truth. The larger patch of flowers, further down the hill, by the depressed puddle she had gotten wet in, is where she died, it branches out in all directions due to the rain and snow melting.
The deceased, being familiar with firearms, did NOT try to "commit suicide," but rather, purposely aimed the gun from one side of the base of her skull, upwards and towards the back of her eyes, to end the pain and pressure of her eyes freezing.
If a person were going to kill someone, I imagine, they would want to make very certain they were dead and therefore would aim very carefully, checking to see if the victim were dead and if not, they would simply shoot them some more, I would think.
An "execution style," killing, is where the bullet hits the brain, thus killing a person.
Since the brain was intact, we may safely assume, this was not an "execution style," killing.
Further, due to the location and direction of the shot, we can determine that the deceased had NOT intended to -"end her life," but rather, end the worse pain of the incident.
When the Coroner, The Late W. O Brown, (Rest in Peace) stated that the deceased had been dead, "about 10 days," he meant- give or take a day, or maybe 2 - NOT - GIVE OR TAKE 65 DAYS!!!!


 
 
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