Suspect in 1975 slaying of aboriginal activist loses extradition appeal

John Graham — who is wanted in the United States in connection with the 1975 slaying of Anna Mae Pictou-Aquash, an aboriginal activist from Nova Scotia — lost his appeal of an extradition order Tuesday in Vancouver.

Graham — a former Yukoner who now lives in Vancouver — and Pictou-Aquash, a Mi'kmaq, were members of the American Indian Movement (AIM). American officials allege that Graham and another man killed Pictou-Aquash on the Pine Ridge Indian Reservation in South Dakota.

Three justices with the B.C. Court of Appeal handed down their decision rejecting Graham's appeal on Tuesday morning. His two daughters watched in the courtroom as he surrendered himself to authorities.

"It happened so fast. The judge came in, he gave his decision, and it was done and over within less than five minutes," Naneek Graham told CBC News shortly after the decision was made.

"I don't understand why it was denied. I mean, the so-called evidence that was put forth, everything did not connect. And I don't understand why my dad is being extradited on, you know, false evidence."

The FBI alleges Graham and another man, Arlo Looking Cloud, took Pictou-Aquash in a car from Denver to a ravine on the reservation, then shot her in the back of the head.

The investigators believe she was slain for being a suspected FBI informant inside AIM. Pictou-Aquash was among the AIM militants who occupied Wounded Knee, a town on the reservation, for 71 days in 1973 in a standoff over native rights.

Graham was arrested in December 2003. In 2005, the B.C. Supreme Court decided he should be sent to the United States to face the charge, and the federal justice minister issued an extradition order against him in June 2006.

The co-defendant in the case, Looking Cloud, was convicted of first-degree murder in 2006 by a court in Rapid City, S.D.

Defence may appeal to Supreme Court

Terry Laliberte, one of Graham's lawyers, said Tuesday that the defence team plans to review the judgment to see if there are grounds to appeal to the Supreme Court of Canada. They have 30 days to file an appeal.

Meanwhile, Graham's bail was revoked by the court and he is in custody, Laliberte said.

"He'll remain in Canada for at least 30 days until the appeal period runs out. Then shortly thereafter, he'll be taken to the United States and their trial process will commence down there," LaLiberte told CBC Radio.

"And if it's anything like Mr. Looking Cloud's, they could convict him in a week. That's what happened last time."