John Graham hearings: daily entries Dec. 6-10, 2004

Thursday, December 09, 2004
day three. Graham hearings
Wednesday was Dark.....(scroll down for dailies)day three, Graham hearingsDec. 8, 2004by antoinette nora claypooleToday the court did not convene. This left people concerned about whether the detailed approach by the defense, trying to prove arrest inconsistencies, was as far as they could go. That is, after Tuesday's somewhat procedural approach and no court today everyone seems a bit anxious as to what will happen next. Is it all over?? Will Graham be shipped out on the next via rail to Seattle?I spoke with La Liberte again. He is holding his cards close to his desk. But expressed that he felt they may in fact run proceedings into next week. Which means the defense may in fact use all of the 10 days they originally requested of the court. This leaves many of us wondering what strategy CAN be played? The hearing rules seem so limited in their acceptance of anything but procedural presentation of proof of identity. On Tuesday Judge Bennett is said to have reprimanded the defense attorney. "We all KNOW this is John Graham". According to one witness in the morning session. So what is left??Thursday will be the peek into the crystal ball. As it were. For if the proceedings run into next week, the presentation in court will reflect the shadows of the past come to haunt the U.S. That is, is there some way LaLiberte can in fact still challenge the extradition of Graham?? Or is he entering into the record everything he can in order to raise a major challenge to the entire process???LaLiberte, who is from a "half breed People called the Matis, long ago trappers who married into the tribes"--his words--seems to have some frontiering ideas of his own. And so tonight we all just imagine what it is that can happen to rattle the demons from their wintered caves.*(*(*(*(*(*(*Here are some basic facts from the case. Which might explain a little about the whys and whats of all of this:1.it seems when the defense was readying to challenge the evidence which the U.S. gathered against Graham in CANADA, (which in fact could have been accepted as legitimate challenge in the case), the U.S. used the new laws to avoid this. U.S. prosecutors pulled ALL evidence gathered in Canada from their case. To extradite. That means, the prosecution has used only the evidence gathered stateside against John Graham And THAT evidence cannot be challenged in Canadian courts. At this time. THIS is why the Judge ruled against disclosure of evidence. Far as I can understand all of it.2.there is serious talk about a Constitutional challenge to this entire extradition process. 3. here is a link to read more about Tuesday in court....http://www.canada.com/vancouver/theprovince/news/story.html?id=c4978807-43fc-4046-8a87-4a0c8ea8c55fMore tomorrow. all people are Oneantoinette claypoolecopyright 2004
# posted by antoinette nora claypoole @ 1:05 PM
Wednesday, December 08, 2004
day two, Graham hearings
"The Beat Goes On.... day two" (to read DAY ONE scroll down ...)day two, Graham hearingsDec. 7, 2004 by antoinette nora claypoole"The second day was devoted to a few procedural matters, with a great deal of time being spent reviewing the arrest procedures and the apparent violation of John's rights when he was not allowed to contact an attorney once informed of the charge relating to the US indictment.At the conclusion of the second day, the hearings were adjourned until Thursday at 10:00 AM."--Matthew Lien,John Graham Defense Committee, Dec. 7, 2004
It is a difficult task. Facing the truth of lies. John Graham carries the weight of that reality like a snow plow on a mountain freeway. There is black ice beneath it all. What we know today about the murder of Annie Mae Pictou Aquash is even less than the day her body was found. For at least back then people remembered. And knew. First hand. What the U.S. had planned for American Indian Movement families. And families they were. The Feds wanted AIM dead and that's all there was/is to it. Back in late February 1976. When Bruce Ellison stood up and insisted "jane doe" be exhumed. He believed and knew the Feds had buried Annie Mae. When Ellison did THAT, most people knew he was calling the U.S. on their murderous ways.But today is long years since then. Some People have forgotten the feel of war. What governments can and WILL do. John Graham and these hearings are a remembering. That the wars are far from over. He is being accused of murdering his friend. After being offered a new identity if he named John Trudell or Dennis Banks as her murderer. Am i the ONLY one out here who tastes the bitter hemlocks in this??? Graham refused to name anyone because he wasn't into naming someone else to save his own ass. Gotta say it straight. That's all there is to it.Some people survive blizzards. Others burn in a house of fire. Others stand by and do nothing. Spirits will guide truth to be known. That is what Martel felt in the courtroom yesterday. My theory is that on opening day there were people on the other side watching all this, happy to know someone has the courage to challenge the U.S. and it's lies. For after all, that is why Annie Mae died. Would she ever trust the people who threatened her life?? To indict her murderer.Some people are saying the hearings may just be insignificant. My news director at KPFK radio was straight up with me today. "Isn't this hearing just a farce, antoinette, if Canada has to co-operate with a so-called "friendly" nation?"Okay breathe. Yes of course. I tell Patrick " The U.S. will probably have their way with this. Get Graham to the racist state of South Dakota. But no this is not a farce. John Graham, in this hearing, is challenging the notion of friendly nation. That is a good thing" . Yikes I mean words are sorcery. If we let America be called friendly. What next?? The FBI becomes are confessor god and confidant?? Well yes it seems there is not much the defense can actually do. Even LaLiberte has said "our hands are tied". Still, the defense is doing it's best to put on the record all of the corrupt ways Graham has been nabbed. AND they are gleaning what they can from the prosecutions hand. Which will help when the next round goes down. But more than that.These hearings are about people coming together. And remembering not to forget to be brave. To believe in a truth they know. And stand up for it. At any cost. That is the way Annie Mae died. Standing for truth. For the People. She defied the FBI by not working with them. She defied the men by not being owned by them. She stood in the face of lies and made ribbon shirts. There is nothing that hurts more than lying to yourself. Annie Mae knew this. She was killed because of it.Today John Graham was in court again. Listening to an attorney describe the way he was arrested up in Canada. How he may have been coerced to sign an affidavit that was misrepresented to him. When arrested. Yes. The defense cannot challenge any evidence. So they are searching for little things. To point out. To put on the record. Today in the courtroom the procedure was "boring" according to some I spoke with. But there sits John Graham. Defying the nation that gets away with murder all the time. And then pins it on someone else.Yes. Everyone is saying that John Graham will be extradited. Even the defense committee senses this. Yes. The U.S. has evidence that they don't have to even present. Snapped fingers and the clowns are supposed to jump. Through a burning hoop. But hey. They forgot one thing. Some people aren't afraid.The important thing about these hearings is that people are standing together. Demanding truth be heard. Not sucking up to a country, a government, a collection of men in brass buttoned suits. After all, there is even talk of a constitutional challenge to this entire extradition process.Today in Vancouver Supreme Court one man and his attorneys defy the way a government lies to its People. Jackson Browne said that. "Lives in the Balance". 1980's. Some things never change. And some will never be the same again. The wars go on. If one person is hungry the whole world is starving.And one more thing. One more time. Graham could have taken that new identity the FBI offered him. But he didn't.all people are Oneantoinette claypoolecopyright 2004message from Graham Defense Committeedated Dec. 7, 2004Subject:Graham Defense Update Dec. 7, 2004From:"John Graham Defense Committee" Add to Date: Tue, Dec 7 2004 9:53:42 PM +0100Hello all,As many of you may know, December 6 was the first day of extradition hearings for John Graham. In the morning prior to court, John was feeling some stress, but was also very positive to be walking the path of truth. He was surrounded my many friends and family members, some from the local area and others who flew in to Vancouver to observe the hearings and offer their support.During this first day, John's lawyers reviewed the details of his arrest, about how he was first detained for a false accusation of harassment. While in police custody on this charge, John was allowed to contact a lawyer -- which he did. After this call however, John was then informed of a new charge relating to the US indictment for the murder of Anna Mae Aquash. The original complaint evaporated, and was replaced solely by this new charge. After being informed of the new charge, John was not allowed to contact legal counsel -- an apparent violation of his rights -- and was further interrogated.One witness which the defence called to testify was a woman employed at the local police detachment where John is required to check in on a daily basis. Not only has John checked in consistently and reliably, but he had also made friends of the staff and has sold one of his hand-crafted willow chairs to an employee. John has been crafting such items to subsidize his income, since the restrictions of house arrest make it nearly impossible to find other employment.Another development recently was the issuing of a statement by Leonard Peltier (included below) about the matter of John Graham, which is included below.More news stories and other information is being updated regularly on the John Graham Defense Committee website. Please visit often in the coming days, and take the time to mail a letter to Canada's Justice Minister Irwin Cotler.We thank you all for your continued support, and will do our best to keep you informed as these hearings continue.Matthew Lien John Graham Defense Committee www.grahamdefense.orginfo@grahamdefense.org Peltier Statement on Graham Extradition HearingDecember 6, 2004Today, the U.S. government will seek John Graham's extradition to stand trial in South Dakota for the murder of Anna Mae Pictou Aquash. I urge all of you to closely monitor the proceedings and ensure that Canadian authorities thoroughly examine all the evidence presented by the U.S. government in this case. Never forget the role of U.S. law enforcement officials in incidents that took place in the 1970s on the Pine Ridge Indian Reservation. The Federal Bureau of Investigation (FBI) tirelessly tried to prejudice the fair trial rights of American Indian Movement leaders charged with serious crimes during that turbulent period and knowingly presented false evidence to illegally obtain my extraction from Canada in December 1976. You may be thinking "That was then, this is now." Yes, many things have changed since the 1970s, but one thing has not changed, I assure you: Indians in the U.S. continue to struggle against the most dangerous, well- funded, strongest military and political organization in the world. I know the behavior of the FBI and other government officials has not changed. I fear that Graham will not receive a fair hearing in Canada or a fair trial in the U.S., anymore than I did. To the Canadian officials I say, justice cannot be achieved if a full investigation into the FBI's role in Annie Mae's death is not included in the inquiry. Annie Mae's death was the direct result of the FBI's activities on Pine Ridge. The FBI told Anna Mae that they would see her dead within a year if she did not cooperate with them, used their puppets to spread rumors that Annie Mae was an informant when she refused to cooperate, and mishandled the investigation of her death. Your investigation must consider the fact that the FBI's pathologist listed the cause of her death as exposure, despite the obvious bullet hole in her head, and Annie Mae's quick burial before a positive identification could be made. Your investigation also must include examination of FBI Special Agent David Price who was very familiar with Annie Mae's appearance and saw her body after it was first recovered, yet failed to identify her. I believe he attempted to cover up her murder. When this was no longer possible, due to the findings of an independent pathologist, the FBI issued a false press release implying that some of her own people murdered Annie Mae because they believed she was an informant. Look for and find the truth. In so doing, remember that officials of the U.S. violated your sovereignty in 1976 by deceiving your courts and using you to wrongfully convict an innocent man. Remember. And be vigilant. The First Nations of the U.S. and Canada want justice for Anna Mae, but also do not want an injustice done in her name. Leonard Peltier #89637-132 U.S. Penitentiary -Leavenworth PO Box 1000 Leavenworth, KS 66048-1000Leonard Peltier Defense Committee PO Box 583 Lawrence, KS 66044-0583 Telephone: (1) 785/842-5774 E-mail: info@leonardpeltier.orgWebsite: http://www.leonardpeltier.org/
# posted by antoinette nora claypoole @ 11:40 AM
Tuesday, December 07, 2004
day one of the Graham hearings
Unsettling Realms of a "Friendly" Nationby antoinette nora claypoolewritten as part of my coverage forPacifica Radio, KPFK Los Angeleswww.kpfk.org(listen to nightly news 5-6pm Pacific time) 12.6.03Day one of the John Graham HearingsTravelling North to British Columbia Canada. Snows slam the mountain passes. A bitter wild cold. Freezing streets from the East. Travellers stranded on both sides of a man made border. There are still telephones. This evening I spoke with Terrance LaLiberte, attorney for John Graham, Southern Tutchone First Nations man fighting extradition from Canada to the United States. The reception between this attorney and myself was like that storm outside this kitchen window. Crackling, odd interference. We both laugh. "There's that FBI again".Good to laugh. But ominous winds persist. This whole brutal drama written by the FBI against Indians and activists. Has gone beyond what anyone likes to admit is human. LaLiberte is not so radical. He is gentle and strong, clear in his resolve-- that in presenting all the lies he knows about this case to the Canadian court, he can keep Graham from being sent to South Dakota. Where so many Indians die.Still there is a tear in my eye as I listen to LaLiberte explain the defense was denied access to a hearing that would challenge FBI "evidence". That ruling came last week from presiding Judge Bennett, an "intelligent and articulate woman who understands that the ramifications of this case impact human rights for all people", as described by Graham supporter Larry Martel. Bennett would not allow evidence from the U.S. to be challenged. Something about a treaty the U.S. and Canada signed back in the 1990's. Honoring a friendly nation's request. What about all those Indian treaties. The tear rests on my lips. How can this country, this America of so many of my ancestors, ever be seen as friendly??? From the moment of the white arrival massacres began. The taste of blood is real. Still. Vision is the sustenance of survival. Crazy Horse knew this.I continue listening to LaLiberte. Suggesting today was what the prosecution sees as procedural. Two Canadian attorneys represent the U.S. in this. As is part of the treaty of "friendly" nations. But what that tells me is something about arrogant confidence. Of the U.S. Big daddy Bush and cronies. Believing, unlike Mick Jagger, that they WILL get what they want. Still. LaLiberte says that he will try to arrive at a fact that should throw the courts a loop. Those are MY words, the LOOP part. LaLiberte--I like that his name means freedom, so fitting--- explains that part of the prosecution is relying on a testimony from a man who is NOW dead. (HERE is a correction to my original statements. Speaking with LaLiberte 12.8. 04, he clarifies the dead man theory. For all of us. ) It seems the prosecution, on a particular date last year, threatened to call in a man to testify to John Graham's guilt. However, come to find out, that particular witness had died 9 months before the date during which LaLiberte and the prosecution were discussing the supposed witness. Phew. It still looks like trying to rely on flim flam to me. Leave it to the U.S. to claim the testimony of a dead man.LaLiberte hopes to bring that to the attention of Judge Bennett. Somehow. And then envisions her knowingness as humane. That she will begin to sense the darkness, the manipulation in this set-up and arrest of John Graham. Ah, Canada. The sense of hope abounds.Canada in some ways holds her innocence as does a young child wondering at the smoke filled skies. Imagining those mauve and purple sunsets real. When in fact the "grown-ups" know the clouds are infused with sulfured industrial greed. Canada's innocence is beautiful. There is vision there. Us here over the border feel it. We like believing hues. And stories about the liberalness of heart "up there, eh?. A place that held safely our conscientious objector brothers. During the Vietnam war.Today in Vancouver, a new century, the Canadian "neighbors" had to prove that they arrested the right man. That IS a start. That the First Nations man Graham, is who the arresting officers say he was. But that is not so simple. For the entire manhunt was a game designed by spies of another time and place. It's been along time since courts and "justice" understood any of this. Still Tonight. Despite the storm, a Graham supporter who sat in the courtroom all day has his version of reality. To share. It is one of "high spirits" he says.Another interview. This time, Larry Martel. On the phone he describes the hope everyone felt today. In the courtroom. AS "solidarity and camaraderie" came together. Journalists from many places and activists supporting a man they have never met. Larry Martel doesn't talk about friendly nations with me. LIke LaLiberte. Instead Martel describes the courtroom and the Graham hearing as a place where he believes LaLiberte did a great job of awakening Judge Bennet. To the corruption of the U.S. Martel mentions that Graham's arresting officer admitted--on the stand--that he did not tell Graham his rights when Graham was detained for one crime and then pinned with another. According to Martel, Judge Bennett was considerate, aware and questioned case law in many instances where it seemed the U.S. may have wronged Graham in the arrest. Maretl says it again. "We are hopeful. In good spirits".I think about those words. About Spirit. TO some of us inside the dance and hum of Indian Country words are like a prayer. Knowing how anything can happen. With spirit. To swear us out of secrecy.Spirit. Breathing down the neck of all whose lives are met. In the destiny of this death. Annie Mae still prevails. Her courage is not frail. She always called in strength. Where ever she landed. Even her Canadian husband, Nogeeshik, committed his life to her after she died. To finding her murderer. He himself perished the very night he discovered who killed her. He died THAT night in a fire. IN his home. Nogeeshik Aquash in a wheelchair--a mysterious car "accident" had paralyzed him a few years earlier-- and not able to "crawl" out of the house in time. Together they are fair witness to all of this.And okay yes. Maybe I DO belong in Canada. The winter snow won't keep me away. I believe in the high spirits and solidarity Larry Martel felt in the courtroom this first day of hearings. The chill of winter aside. Everyone here and on the other side holding the resolve of truth. This cannot be denied.all people are oneantoinette claypooleread john graham's wordswww.johngrahaminterview.blogspot.comcopyright 200412.6.04notes from my interview with Terrance LaLiberteregarding the Graham hearing...Dec. 6. 2004. Today the "proof of identity" portion of John Graham'shearing in Vancouver began. Because the defense was recently denied a call for the prosecution to "disclose" evidencegathered stateside, the hearings in this British Columbia courtare expected to be somewhat procedural.That is, no one is very hopeful that Judge Bennet will allowJohn Graham to be tried in Canada. Graham's defense Attorney, Terrance LaLiberte says " our hands are virutally tied" regarding a challengeto ANY evidence the prosecution in South Dakota has gathered.Although during the era of Leonard Peltier, affadavits were needed to extradite indicted "criminals" from Canada to the U.S., a treaty signed in the 1990's now allows for little or no evidence to be shown to Canada before an extradition occurs. That is, according to LaLiberte, this is all a matter of trusting the request of a friendly nation. And honoring that request.Investigating any claims of the U.S. regarding Graham and hisinvolvement in the murder of Anna Mae Pictou Aquash are very unlikelyto happen during this hearing.There is, however, one wild card that LaLiberte plans to play. It is in regard to a man supposedly naming Graham as a murderer of Anna Mae. The man evidently died 9 months before he was said to have named Graham. This odd twist of time may bepresented by La Liberte this week in the hearings.There are also rumours from the defense camp that Graham is asking to take the stand this week. The defense would neither confirm nor deny that reality.Tomorrow. Another day of procedure. There are no members of the U.S.prosecution attending these hearings, as Canada has an arrangment with the U.S. to provide Canadian prosecutors to present the request. According to U.S. Attorney Robert Mandel some weeks ago, this is all somewhat procedural and the prosecution expects the hearings to release Graham to the states without event.antoinette claypooleall people are onecopyright 2004day two, Graham hearingsDec. 7, 2004It is a difficult task. Facing the truth of lies. John Graham carries the weight of that reality like a snow plow on a mountain freeway. There is black ice beneath it all. What we know today about the murder of Annie Mae Pictou Aquash is even less than the day her body was found. For at least back then people remembered. And knew. First hand. What the U.S. had planned for American Indian Movement families. And families they were. The Feds wanted AIM dead and that's all there was/is to it. Back in late February 1976. When Bruce Ellison stood up and insisted "jane doe" be exhumed. He believed and knew the Feds had buried Annie Mae. When Ellison did THAT, most people knew he was calling the U.S. on their murderous ways.But today is long years since then. Some People have forgotten the feel of war. What governments can and WILL do. John Graham and these hearings are a remembering. That the wars are far from over. He is being accused of murdering his friend. After being offered a new identity if he named John Trudell or Dennis Banks as her murderer. Am i the ONLY one out here who tastes the bitter hemlocks in this??? Graham refused to name anyone because he wasn't into naming someone else to save his own ass. Gotta say it straight. That's all there is to it.Some people survive blizzards. Others burn in a house of fire. Others stand by and do nothing. Spirits will guide truth to be known. That is what Martel felt in the courtroom yesterday. My theory is that on opening day there were people on the other side watching all this, happy to know someone has the courage to challenge the U.S. and it's lies. For after all, that is why Annie Mae died. Would she ever trust the people who threatened her life?? To indict her murderer.Some people are saying the hearings may just be insignificant. My news director at KPFK radio was straight up with me today. "Isn't this hearing just a farce, antoinette, if Canada has to co-operate with a so-called "friendly" nation?"Okay breathe. Yes of course. I tell Patrick " The U.S. will probably have their way with this. Get Graham to the racist state of South Dakota. But no this is not a farce. John Graham, in this hearing, is challenging the notion of friendly nation. That is a good thing" . Yikes I mean words are sorcery. If we let America be called friendly. What next?? The FBI becomes are confessor god and confidant?? Well yes it seems there is not much the defense can actually do. Even LaLiberte has said "our hands are tied". Still, the defense is doing it's best to put on the record all of the corrupt ways Graham has been nabbed. AND they are gleaning what they can from the prosecutions hand. Which will help when the next round goes down. But more than that.These hearings are about people coming together. And remembering not to forget to be brave. To believe in a truth they know. And stand up for it. At any cost. That is the way Annie Mae died. Standing for truth. For the People. She defied the FBI by not working with them. She defied the men by not being owned by them. She stood in the face of lies and made ribbon shirts. There is nothing that hurts more than lying to yourself. Annie Mae knew this. She was killed because of it.Today John Graham was in court again. Listening to an attorney describe the way he was arrested up in Canada. How he may have been coerced to sign an affidavit that was misrepresented to him. When arrested. Yes. The defense cannot challenge any evidence. So they are searching for little things. To point out. To put on the record. Today in the courtroom the procedure was "boring" according to some I spoke with. But there sits John Graham. Defying the nation that gets away with murder all the time. And then pins it on someone else.Yes. Everyone is saying that John Graham will be extradited. Even the defense committee senses this. Yes. The U.S. has evidence that they don't have to even present. Snapped fingers and the clowns are supposed to jump. Through a burning hoop. But hey. They forgot one thing. Some people aren't afraid.The important thing about these hearings is that people are standing together. Demanding truth be heard. Not sucking up to a country, a government, a collection of men in brass buttoned suits. After all, there is even talk of a constitutional challenge to this entire extradition process.Today in Vancouver Supreme Court one man and his attorneys defy the way a government lies to its People. Jackson Browne said that. "Lives in the Balance". 1980's. Some things never change. And some will never be the same again. The wars go on. If one person is hungry the whole world is starving.And one more thing. One more time. Graham could have taken that new identity the FBI offered him. But he didn't.all people are Oneantoinette claypoolecopyright 2004
# posted by antoinette nora claypoole @ 1:11 PM
Friday, December 03, 2004
Extradition hearings in British Columbia
Daily entries on the hearings regarding John Graham, Southern Tuchone12.3.04On December 6, 2004 there will be posts here regarding the hearing of John Graham in his fight against the U.S. As a First Nations man living in Canada, Graham is challenging the effort to extradite him to courts in the United States. For a crime he knows he did not commit.All the entries on this page are dedicated to the life, work, dreams of Annie Mae Pictou (1945-1976). And to her second husband Nogeeshik Aquash. Both of whom died as a result of their work within the American Indian Movement.all people are onepeace, antoinette claypoole
# posted by antoinette nora claypoole @ 4:20 PM 0 comments

About Me
Name:antoinette nora claypoole
as an author, mother, activist and photographer i feel that if you love mosquitoes they won't bite. as a sister daughter i know dreams are where we really live. as a human being human all people are one.
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