John Graham, the Canadian First Nations AIM activist, has
lost his appeal against an extradition order from the United States to
have him returned to the U.S. to face the same courts that sent up
Leonard Peltier nearly thirty years ago.
It's a bitter reminder of
Peltier's extradition from Canada, before his shoddy trial and
life-sentence, extracted from Canadian authorities based on "evidence"
invented by the F.B.I. The details of Graham's history and struggle
with the government is from the advocacy site, Free John Graham.
"I fear that John Boy will not receive a
fair trial in the US anymore than I did. I must remind you, it is court
record that the FBI lied to extradite me back to the US." - Leonard Peltier
QUICK FACTS:
John Graham was arrested in Vancouver in early December,
2003 on an American indictment and is now living under house arrest,
awaiting an extradition hearing. He is a 48-year old Canadian native
man from Whitehorse, Yukon Territories. Among other things, he is a
father to eight, pipe layer, community organizer and AIM activist. In
1975 he was in the region when the FBI instigated a shoot-out at the
Pine Ridge Reservation in South Dakota
"My greatest fear is that
the U.S. will use the same kind of flimsy and trumped-up evidence that
they used against Leonard Peltier to justify the extradition of John
Graham, a Canadian citizen, to the U.S.," said Amnesty International
member Bob Newbrook, a retired police officer who arrested Peltier in
Alberta in 1976. - (THE PROVINCE, DECEMBER 5, 2003)
John
is charged with the murder of Anna Mae Aquash, who was a friend and
comrade of his in the American Indian Movement. He has repeatedly
stated that he is not guilty of this crime. We believe that the charges
against him have been manufactured by the FBI - aas part of their
ongoing war against AIM and against self determination for Indigenous
people
In the weeks before she disappeared, Anna Mae
confided to John that she had been detained and threatened by FBI
Officer David Price who told her that she would not live out the year
if she didn't become an FBI informer.
John dropped Anna Mae at a safe house near the Pine Ridge Reservation. It was the last time he saw her alive.
When
Anna Mae's frozen body was discovered on the reservation, FBI Agent
David Price was one of the first to examine the body. He claimed he
could not identify Anna Mae, despite having interviewed her. He had the
hands cut off, sent to Washington for identification. Her body was
buried as a Jane Doe. The cause of death was listed as "exposure:" The
first coroner "missed" the bullet hole in the back of Anna Mae's head.
Agent Price claimed there was no need to have a criminal investigation.
An
exhumation and a second autopsy occured. Our understanding is that
people within AIM asked for this. The 2nd coroner was able to identify
the bullet hole.
Media sources in the U.S. and Canada are
already running stories that assume John's guilt. These stories can be
traced back to a man named Paul DeMain, who runs a newspaper and
website called "News from Indian Country." It claims to be an
independent media source, but in our opinion, should be treated with
grave suspicion. DeMains' main purpose is to perpetuate positions
invented by the FBI. DeMain also makes it his business to personally
contact anyone who expresses an opposite point of view. DeMain has
spawned a number of websites - including the "Indigenous Women for
Justice."
We are alarmed by a mentality that equates justice
for Anna Mae with convicting John Graham - whether or not there is any
real evidence. Initially, we invited the family of Anna Mae to come to
Vancouver and meet John personally. They did not agree to this. Now,
due to John's bail conditions, this is no longer possible. But, we urge
them to look in the direction of the people who most strongly point the
finger at John Graham. We believe the real killer is hidden among
them.
Background
There are many tragedies which resulted
from the shootout on the Pine Ridge reservation and subsequent events
of nearly 30 years ago. These include the deaths of Lakota people,
members of the American Indian Movement (AIM), two agents of the
Federal Bureau of Investigation, and Canadian activist Anna Mae
Pictou-Aquash.
In an effort to gain convictions for the deaths
of the FBI agents, a continuing abuse of the justice system by the FBI
has ensued, involving the fabrication of evidence and the use of false
testimony and fraudulent affidavits. Perhaps the most infamous result
of these tactics was the illegal extradition of Leonard Peltier from
Canada to face charges for the deaths of the two agents.
Amnesty International has condemned the
fact that the FBI knowingly used false evidence to obtain the
extradition of AIM activist Leonard Peltier from Canada in December
1976.
~ Amnesty International - Statement on the arrest of John Graham, December 12, 2003
Warren Allmand, a former justice minister, and the judge
who extradited Peltier later said they would never have agreed to his
extradition had they known some affidavits and evidence presented by
the U.S. were false.
~ As reported in The Province, December 05, 2003
While John Graham was not present at the actual
Pine Ridge shootout, he was in the area at the time working with AIM as
a junior security guard and assisting with routine activities. In the
months following, AIM activists and other aboriginal people were
regularly rounded up and interrogated, causing many to fear for their
safety.
Anna Mae Pictou-Aquash was a friend and fellow activist
from Canada. A Mi’qmak aboriginal woman from Nova Scotia, Anna Mae was
also experiencing continued harassment by the FBI who believed she knew
the identity of the shooter responsible for the FBI deaths. Several
months after the shootout, after having expressed concern for her own
safety to friends and family, Anna Mae was found dead on the Pine Ridge
reservation, having suffered a fatal bullet wound to the head.
There
are many questions that surround the death of Anna Mae, including the
failure of the FBI agents to identify her while examining her body —
even though they had interrogated her just weeks before — burying her
in an anonymous grave and sending only her hands to FBI Headquarters
for identification, and the failure of the FBI-led autopsy to detect
the bullet wound — a wound which was immediately detected in a later
autopsy — stating only that she had died of exposure.
An FBI-sanctioned pathologist missed the
bullet hole in the back of her head and said she died of exposure.
Still unable to identify her, Norman Zagrossi, an FBI regional
supervisor based in Washington, DC, ordered her hands chopped off. "Our
experts in Washington suggested and told us that the proper procedure
was to cut off the hands, put them in jars with formaldehyde and send
them to Washington, which we did. I never had before..."
~ As reported by the CBC's Fifth Estate, November 08, 2000
It was a mutilation that even twenty-five years later outrages
the native community. A second autopsy with a different pathologist
showed a bullet still lodged in her head. Zagrossi knew it looked like
an FBI cover-up attempt, and he angrily phoned the first pathologist.
"It looked like we were involved, it looked like we were trying to
cover something up when in fact we weren't," said Zagrossi.
~ As reported by the CBC's Fifth Estate, November 08, 2000
Over the past decade, members of the FBI have made four trips
to the Yukon to visit John Graham, asking him to identify Anna Mae’s
murderer and offering him immunity from any related charges. They also
warned that if John did not comply, they would in turn bring charges
against him for the crime. During their fourth and last visit to the
Yukon, the agents informed John that it would be the last time they
would come to see him.
Living up to their promise, after
extensive and questionable interrogations of John’s co-accused Arlo
Looking Cloud, the FBI charged John Graham with the murder of Anna Mae
Pictou-Aquash.
The Matter At Hand
The family and friends of John Graham, including numerous
supporters, human rights and First Nation organizations, and the
Honourable Yukon Member of Parliament and Parliamentary Secretary Larry
Bagnell, are now calling on the Canadian government and all involved
with this process to provide great scrutiny to the evidence presented
in the extradition hearing.
Amnesty is urging Canadian authorities to
ensure that there is rigorous scrutiny of any evidence brought against
him. If Graham should be brought to trial in the US, Amnesty
International will seek assurances that his right to a fair trial is
fully respected.
~ Amnesty International - Statement on the arrest of John Graham, December 12, 2003
We are deeply concerned about the safety of Mr. John Graham and the legality of the procedures in Canada.
~ Günter Wippel, Menschenrechte (Human Rights) 3000, Germany, December 14, 2003
In the wake of the experiences of Maher Arar and
comments by the American Ambassador Paul Cellucci that the United
States will "do what it has to do" to protect U.S. national security,
and that homeland security comes first even before respect be given to
the Canadian passport, there is strong sentiment that Canadians do not
receive the proper respect and consideration by the U.S.
We
believe that should an extradition occur under questionable
circumstances, the public reaction would be loud, swift, and highly
critical of the Canadian government for allowing it.
Jennifer
Wade, the founder of the Vancouver branch of Amnesty International who
was at the extradition hearing of Leonard Peltier – another man
connected to Pictou-Aquash – says Canada will make the same mistake if
it extradites Peltier's friend, John Graham, for the murder of their
colleague, Pictou-Aquash.
~ As reported by the CBC NEWS, December 04, 2003
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