(Breaking News: 10-03-08: In a last minute decision by a federal judge on Oct. 3rd, federal authorities have confirmed that the trial of John Graham will be postponed because of a technical flaw in the indictment regarding Jurisdiction. Graham in a recent motion, claimed that because he is not an American Indian as defined by U.S. statutes, the U.S does not have jurisdiction over him in this case. Murder charges against Graham were dropped on Oct. 3, 2008 but he was charged under a new complaint shortly after.)

Pathologist to testify, prosecutors argue on witness statements on rape made by Graham to Frank Dillon and the late Al Gates.

By Carson Walker
Sioux Falls, South Dakota (AP) 9-08

Federal prosecutors plan to have a Minneapolis pathologist testify about the autopsy he did on Annie Mae Aquash after her body was found in 1976 on the Pine Ridge Reservation.

John Graham was scheduled to stand trial Oct. 6 in Rapid City on a charge he shot Aquash, a fellow Canadian and member of the American Indian Movement (AIM), two months earlier. This case will now be rescheduled according to recent court rulings on October 3, 2008.

Graham’s lawyer, John Murphy, also has asked the judge to dismiss the case, arguing that U.S. courts do not have jurisdiction because the accused and victim were Canadians.