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OPEN LETTER TO THE FAMILY OF ANNA MAE PICTOU AQUASH AND CHIEF STEWART PHILLIP, PRESIDENT OF THE UNION OF B.C. INDIAN CHIEFS
FROM:
Arthur Topham
Pub/Ed
The Radical Press
http://www.radicalpress.com
December 26, 2003
Dear Family of Anna Mae Pictou-Aquash and Chief Stewart Phillip,
RE: YOUR RESPECTIVE PUBLIC STATEMENTS REGARDING JOHN GRAHAM*
It was with a great sense of foreboding and sadness that I read both your statements regarding the arrest and planned extradition of John Graham to the USA. After some reflection, I feel the need to respond to them in order to set the record straight regarding the motives that moved human rights activist to spring to the defense of Mr. Graham.
First I will touch upon Chief Phillipıs comments regarding the need for closure and his assertion that, ³...the family is understandably concerned that the fundamental issue of justice for Anna Mae may be completely eclipsed by all the clamor, on the part of human rights activists, to protect and safeguard the rights of John Graham.²
As a human rights advocate and a father of four I too can respect and honour such a deep-seated need for closure on the part of Anna Maeıs family Chief Phillip yet your statement itself begs the further question - by what expedient means is this ³closure² to be achieved? Anyone who has followed the historic case of Leonard Peltier, one inextricably fused with Anna Maeıs, will undoubtedly understand that both Anna Mae and Leonard Peltier have suffered injustices over these past 27 years. In the case of Anna Mae her suffering ended in a flash of gunfire over a quarter century ago but for Leonard it has meant half a lifetime spent behind prison walls, one of too many walking dead who fill Americaıs prisons, jailed for a crime he did not commit. In either of their situations closure has been delayed and the families of these victims have had to bear incredible emotional/spiritual burdens.
To have taken the position Chief Phillip that human rights workers, concerned about John Graham and his chances of receiving a fair and just trial if removed from Canada to the U.S.A. are, for some ulterior purpose, merely raising a ³clamor² in order to obfuscate the process of justice, is both short-sighted and, unfortunately, indicative of an appearance, on your part, of collusion with the very elements within the United States, i.e. the FBI and Justice Department, who have been responsible for the perpetuation of such ongoing injustices, not only upon Leonard Peltier and Anna Mae Pictou-Aquash but on all indigenous peoples of the Americas for centuries. Itıs this lack of historical perspective on your part regarding the struggles that ensued at Pine Ridge during the period of Anna Maeıs murder and Leonardıs incarceration, that you appear to either have forgotten or now choose to overlook.
I would humbly remind you that the noise you are now hearing from human rights activists, not only in this country but around the world, is not a ³clamor² designed to deafen the ears of justice but, in truth, the chimes of freedom and liberty ringing out, loudly and clearly. It is a clarion call to the world at large, warning all that the FBI is out once again to commit another travesty of justice designed to cover up their own heinous lies, ineptitude and traitorous activities toward the indigenous nations of the Americas. And all this at the expense not only of yet another indigenous personıs freedom but also out of necessity on their part to corroborate and reinforce their untenable position regarding the false extradition, rigged trial and subsequent wrongful imprisonment of Leonard Peltier.
While I can concur with you Chief Phillip in your final remark that, ³In my view the fundamental and primary issue is ³Justice for Anna Mae!!....² at the same time I cannot in good conscience, or intelligence, extend such a position to mean that we should suddenly give up our struggle against the injustices of the American government via their Bureau of Federal Investigation and thus, through lack of political will and common decency, simply acquiesce to the FBIıs overly suspect charges and their subsequent demand for Grahamıs extradition from Canada. While your quoting of Martin Luther King Jrıs cry for justice as a rationale for handing over Graham to the Americans may appear laudable to many, I would extend that further by cautioning you to also bear in mind the more recent words of Nobel Peace Laureate, Archbishop Desmond Tutu who said, with respect to Leonard Peltierıs autobiography, Prison Writings - My Life is my Sundance, that his case was ³A deeply moving and very disturbing
story of a gross miscarriage of justice, and an eloquent cri de coeur of Native Americans for redress and to be regarded as human beings with inalienable rights guaranteed under the United States Constitution, like any other citizens. We pray that it does not fall on deaf ears. America owes it to herself.²
With all due respect and consideration for the above Chief Phillip I cannot accept your assertion that the sudden outcry by human rights activists, as per the Graham case, is merely ³clamor² and ³public posturing² in order to delay justice. On the contrary, rushing head-long into yet another judicial trap set by the FBI may not be the smartest route to go in order to achieve the closure that you and Anna Maeıs family foresee, especially a closure founded upon yet more injustice to the native community at large.
While I have followed your efforts over the years Chief Phillip, as a Chief and spokesperson for the UBCIC, and supported many of your other initiatives for justice for indigenous people, I cannot, in good conscience, agree with your statements in this case and would sincerely hope that you revisit your position and do your utmost to see that Mr. Graham is not extradited to the USA under the present circumstances.
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Having never met or been personally involved with the family of Anna Mae Pictou-Aquash I would first like to offer my belated condolences to you with respect to your mother. I have been a supporter and advocate of human rights prior to the historic events that took place on Pine Ridge and was a resident of B.C. when Leonard Peltier was first arrested and extradited from Canada on false testimony and FBI-fabricated lies that later were exposed to the public.
What I found so unsettling in your statements regarding John Graham was the sudden urgency on your part to have this person extradited to the USA regardless of all the unanswered questions and blatant examples of deception and judicial deceit on the part of the FBI in Leonardıs case. I had to ask myself, was it your pain and suffering over these past 27 years that now suddenly has prevented you from extrapolating from Leonardıs example to what the FBI is currently in the process of re-enacting for a second time?
Your statement clearly indicates that you are basing your comments upon allegations and the probability that it was AIM members, rather than the FBI, who were responsible for your motherıs death. In doing so you fail to mention who it was that provided you with the evidence and what, if any, are their connections to the FBI and/or any other branches of the American justice system.
You say that your motherıs death ³was not a consequence of political unrest or warfare.²a statement that, from my perspective and all things considered, seems astounding. Your mother was an activist, and that clearly implies that she was involved in activities designed to prevent injustices being perpetrated upon her people by the American government and its supporters. Any such actions aimed at thwarting wrongs initiated by the State are, by definition, political in nature and so trying to remove Anna Mae from the context of her times and portray her merely as a wonderful human being (something which I do not doubt in the least) may be understandable from the perspective of her immediate family members but it certainly doesnıt do her justice in terms of the bigger picture; one which I would suggest was far more immediate and fundamental to her peopleıs sense of justice and outrage at that time. This initial statement is the first indication to me that you are either unwilling or
unable to see the historical connections between the genocidal practices committed by the U.S. government against the indigenous peoples of America and your motherıs involvement in trying to rectify said acts.
You then go on to admit that she was ³passionate about human rights and the preservation of tribal communities.² and thus send out a conflicting message which, may be merely accountable to your ongoing grief over your motherıs murder or it may be that plus the subtle influences of agencies within the US government who have a vested interest in maintaining the illusion that they have solved the murders erroneously ascribed to Leonard Peltier in the deaths of the two FBI agents.
It is my belief (based upon the facts submitted in Leonardıs case thus far and the refusal of the FBI to comply with full disclosure of thousands of pertinent documents essential to the case) that they are the guilty party in the wrongful incarceration of Peltier. That case is now a worldwide example to indigenous and non-indigenous people around the globe of how an imperialist State, like the USA, will go to any length to maintain its position of dominance and power over indigenous people.
In speaking of Anna Maeıs struggles to maintain ³traditional ways² you say that getting shot in the back of the head wasnıt part of the native american tradition. I would agree with you on principle but also add that during the turbulent period when your mother died the tribal chief at Pine Ridge Reservation had in his employ many native people who already, along with the chief, had sold out to the American government and were working with the FBI, either overtly or tacitly, in order to fulfill the corporate agenda of the federal government. These native americans were no different than the goon squads that worked in central America for CIA-installed dictators whose purpose was to murder and torture and instill fear and terror into the hearts and minds of the peaceful people who only wished to live by their traditional standards. In the case of the Pine Ridge goon squads they were known to have murdered a number of other activists either directly involved with AIM or who were
independently struggling to right the blatant injustices that were obvious on the Pine Ridge Reservation at the time of which we speak. Bearing this in mind then it behooves you to seriously consider the motives of those who are now backing and promoting the position that youıve taken publicly with respect to the possible guilt and extradition of John Graham.
It is also true that, as you say your mother, ³was a victim of violence.² but as to the specific question of who it was that perpetrated such violence upon her there is a wide degree of disagreement and, I would add, overwhelming circumstantial and judicial evidence that the FBIıs involvement is one warranting extreme caution in terms of pre-judging the guilt of Mr. Graham.
You further state that your family is ³...hurt and insulted by the lack of involvement both governments have exhibited.² and then pose the question as to what anyone else would do if their mother had met a similar fate. Obviously at the time of your motherıs death you were not in any position to understand the overall historic context in which she was living nor the hidden reasons why such a conflict was occurring amongst the traditionalists and those on the Rez who had bought into the agenda of the U.S government. That is something which only time and the willingness to question and understand the underlying issues could furnish you with. To be hurt and insulted by the lack of government involvement in capturing your motherıs killer/s is understandable but to not question why such expectations on your part were being avoided by said governments is paramount, I believe, to coming to an understanding of how such a situation could, did, and still does, exist.
Your statement following where you question whether or not the family of the victim ought to have rights and expect justice is legitimate. You ought to expect justice and a closure to this awful event in your lives but, as I have already stated, not at the expense of justice for those falsely accused of said crime. True justice must be fair for all concerned.
When you say that, as a Canadian citizen, your motherıs murder was not seriously addressed by the government agencies responsible and that she was basically ³tossed aside continually like a bag of garbage from bureaucratic desk to bureaucratic desk² this is indicative of the undercurrent of attitude displayed by both the Canadian and U.S. governments when it comes to justice for the indigenous people. I find no reason to disagree with your feelings concerning such utter lack of priority assigned to your motherıs case by these officials. What I do question though is your next statement where you express your dissatisfaction with the ³level of ignorance we have had to contend with of people who continue to support and protect those that murdered my mother². Such a statement, I would submit, is both pre-mature and misleading in that you are both judging the guilt of Mr. Graham and assigning incorrect motives to those human rights activists who are attempting to ensure that another
monstrous injustice is not committed against Graham out of personal expediency on your part, and government deception on the part of the FBI. What is imperative here, and what forms the basis for my own involvement, and this open letter, is that Graham not be tried and found guilty beforehand in the public media and thus sacrificed and sent into the awaiting arms of the U.S. justice system for trial until it is proven beyond any reasonable doubt that the ³accusations² and the ³probabilities² are substantive and legitimate and based upon factual, logical evidence.
When you state that, ³There has to be an example set that we can have some form of faith in our current justice system to undue 27 years of injustice and begin the healing.² you are touching one of the fundamental raw nerves that runs throughout the collective body of all those who struggle (and sometimes die) fighting for human rights. The question of having ³faith in our current justice system², is one that, in this present age, demands further discussion but this is obviously not the time or place for addressing such a complex issue. I would only add that for many of us directly involved in human rights issues both here and abroad itıs no longer a question of having ³faith² in our justice system because such a degree of agreement with and unwarranted trust in the State and its agencies no longer exists. Experience, especially in the case of Leonard Peltier, has proven again and again that state apparatuses like the justice system both in the USA and Canada, are not to be given our
unconditional trust and allegiance. In your case (and here Iım speaking to the daughter of Anna Mae who is in the employ of the RCMP) you have already pledged your allegiance to the State and itıs now your duty (as I assume you see it) to uphold that pledge. Therein lies the basic problem with some of your comments regarding not only the supposed guilt of John Graham, which you appear (by your statements) to either believe or assume, and your plea to Canadians to just get it over with and send him to the very people who have perpetuated one of the grossest examples of injustice in modern American history, i.e. the false and unjust incarceration of Leonard Peltier. It may be your blind faith in the justice systems of Canada and the USA that has allowed you to speak in good conscience to the general public regarding the arrest and proposed extradition of John Graham to the FBI but your intentions, honourable or otherwise, cannot mask the undeniable stigma attached to those very
institutions which you now would have us all trust in order that justice be done.
In questioning the motives of those who are coming to John Grahamıs defense you should not forget the context in which we, as students of political repression and victims ourselves of lesser injustices, find ourselves. Speaking for myself, I cannot say with any certainty that John Graham is innocent of the charges. I can only say with a great degree of self-assurance and knowledge that in the case of Leonard Peltier, which I have been advocating for many years, the evidence of wrong-doing ultimately rests with the deeds of the US government and the FBI in particular. They have been, along with the CIA, long suspect in the eyes of politically aware people around the world for a number of decades and especially now since the events of 9/11and the advent of endlessly perpetuated fear, terror and suspicion that cloaks itself under the wrap of ³law² and ³order² and is firmly attached to the USA and President George Bushıs ³War on Terror².
I will conclude with a comment on your final statement that your family will accept nothing less than, ³The truth unconditionally!² It is hoped by all human rights activists that eventually the truth regarding the myriad injustices that are heaped upon humanity daily will eventually be resolved. That is the ³Conspiracy of Hope² under which we work together and strive for the betterment of all. I believe that your prayers for justice in your motherıs case are sincere and worthy of the deepest respect and that they coincide with those who labour elsewhere for the same illusive goals. In that sense we are united. Where the division appears is when you begin to promote and endorse the nefarious actions of the FBI and those elements within the native community who have turned over their hearts and minds to these State agencies in the blind hope that they will somehow furnish you with the urgent redress that you so earnestly and honestly seek.
Speaking as a human rights activist who has personally experienced the duplicitous nature of State justice I must confess that your claims and your wishes, all things considered, unfortunately stand a great chance of proving fruitful. That is my fear and why I am writing to disclaim your faith in those who are promising you justice. John Graham may be guilty of this crime but the odds that he is being set up by the FBI because he chose to not cooperate with them far outweighs what they are now presenting as evidence worthy of turning him over to them. If there is to be a trial then let it take place here in Canada where Mr. Graham lives with his family. Let the US government present its case in a Canadian courtroom and let them present a foolproof case. If, afterwards, the evidence is conclusive and irrefutable then by all means proceed with the extridition.
In the Spirit of Crazy Horse and Universal Justice for all,
I remain,
Arthur Topham
Pub/Ed
The Radical Press
Email: arthur@radicalpress.com
http://www.radicalpress.com
* Both statements by Chief Stewart Phillip and the family of Anna Mae Pictou-Aquash are appended below.
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Subject: UBCIC Public Statement: Anna Mae PictouAquash
PUBLIC STATEMENT
December 22, 2003
In support of the daughters, grandchildren and family of murdered Native rights activist Anna Mae Pictou Aquash, Chief Stewart Phillip, President of the Union of BC Indian Chiefs, stated, ³We need to understand and fully appreciate the fact that the family of Anna Mae Pictou Aquash are in desperate need of closure in relation to her brutal and tragic murder. Anna Maeıs family will only be able to conclude their decades of grieving when they are completely satisfied that the sinister circumstances surrounding her death have been thoroughly and conclusively examined in a court of law.² Chief Phillip continued, ³Anna Maeıs family fully support John Grahamıs right to a fair trial. However, the family is understandably concerned that the fundamental issue of justice for Anna Mae may be completely eclipsed by all the clamor, on the part of human rights activists, to protect and safeguard the rights of John Graham. Who speaks for Anna Mae? Tragically, her courageous voice was
silenced forever by the cowardly acts of her cold-blooded executioners, so many years ago. Where is the voice of her loved ones that she left behind in all of this?² Chief Phillip concluded, ³In my view the fundamental and primary issue is ³Justice for Anna Mae!! Martin Luther King Jr. once said, 'Justice delayed is Justice denied'. Therefore, we need to stop all the public posturing and get on with finding out who was responsible for her brutal murder. No more delays!! As a measure of deep respect for the life of Anna Mae Pictou Aquash, I would like to take this opportunity to offer for publication, A STATEMENT FROM THE FAMILY OF ANNA MAE PICTOU AQUASH.²
In the Spirit of Anna Mae
Chief Stewart Phillip
President
(250) 490-5314
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FOR IMMEDIATE RELEASE
December 19, 2003
A Statement from the Family of Anna Mae Pictou Aquash A Canadian mother, kidnapped, raped and murdered on 11-12 December 1975, allegedly by members of the American Indian Movement (AIM) They say it is hard for dead people to defend themselves. That being said Anna Mae Pictou Aquash has not had the voice to defend herself in 27 years. Nor has anyone stepped up to aid in defending her rights in 27 years. This February will mark the 28th year since a farmer in South Dakota found her frozen lifeless body. Initially thought to have died of exposure her body was desecrated by severing the hands for identification and she was given a hasty ³Jane Doe² burial. Shortly thereafter family intervention brought on an exhumation and a second autopsy that would reveal a gunshot wound at the
back of her head.
Anna Mae Pictou Aquash was a human being, a woman, and her death was not a consequence of political unrest or warfare. Anna Mae was killed because she had moral ethics, because she chose to stand apart from the masses and denounce behaviour that would compromised her morality on all levels by all people surrounding her. She is revered in native communities and among her peers as being one of the most innovative and intellectually evolved human beings of her time. Passionate about human rights and the preservation of tribal communities she would not back down and accept her fate or her peoples ethnic cleansing as a matter of consequence. She would end up representing womens rights and human rights in a way that unnerved and threatened representatives of the very group of people that she died trying to protect.
When our family first learned that it was probably, her own people that murdered her we were in disbelief and a great deal of pain. How could the people she sacrificed her own family for take such actions on another human being? She spoke incessantly on the moral standings of the organization she dedicated her last few years of her life to. She spoke of traditional ways and preserving the rights and traditions of all indigenous nations. I am not that familiar with all the traditional ways in all nations but I am pretty sure that taking one of your own out and shooting them in the back of the head is not a common traditional practice. It appears to me that the individuals who held office in those days, the same individuals who were supposedly mandating their causes to prevent the western world from poisoning their traditional cultures allowed just that to happen to them. They became victims of their own cause. I have heard comments like ³we will not sell out our brothers² But they
would kidnap, rape, and murder a sister? This is not a Non-Indian against Indian issue. My mother was a victim of violence. Her family will not accept her death as a matter of consequence. We are hurt and insulted by the lack of involvement both governments have exhibited. All any one has to do who reads this is ask themselves what they would have done if this was their mother or family member. Recent statements by our Canadian Dept of Justice stated, ³Mr. Graham should have a fair trial and that his rights should be taken into account.² Am I to assume that after death we have no rights? That being said, what about the rights of her surviving family?
Our mother was a Canadian citizen; a woman and her rights have never been taken into consideration. She was tossed aside continually like a bag of garbage from bureaucratic desk to bureaucratic desk. Cloaking things in political propaganda still does not excuse or justify another human being killing another human being not to mention a mother, sister, and wife. After what we have had to endure with my mothers death including the level of ignorance we have had to contend with of people who continue to support and protect those that murdered my mother there is no doubt that we will be there to make sure no one has their rights violated. Regarding concern that individuals get a fair trial, we ask the question - How can that happen if the person is not brought to trial?
There has to be an example set that we can have some form of faith in our current justice system to undue 27 years of injustice and begin the healing. This is 2003 not 1976. Living in a past that is 27 years old does not allow us prove that we have evolved as a society. Yes, the ugliness of our reality still exists but how are we to overcome that if we continue to mistrust and be suspect of the very institutions who can bring us resolve? Moreover, for those that believe Mr. Graham is not guilty then what information do they possess that would prove otherwise. Why is it that they are not stepping forward publicly to defend him? I am sure any person who has had 27 years to bury the truth or protect those that know the truth can accomplish a level of martyrdom in any personıs eyes.
If Mr. Graham is not guilty of murdering my mother then he must have had enough involvement or know information to prove who did. Our fear is that if Mr. Graham is released on bail and if he is a victim of ³scape-goating² then those that have killed my mother will make sure that the information he does know does not make trial. Only a few people would really know if Mr. Graham is guilty or not, Mr. Graham himself, my mother, those that were allegedly with them, and any people John Graham may have told himself. It is our hopes that Mr. Graham is kept in Protective custody until his trial date to prevent any further delay in a case that has already gone way past due process. I pray daily that the knowledge of the pain, sadness and regret we have had to endure as her family in the last 27 years fills those with the insight that is necessary to step forward to absolve their spirits and to honour and respect not only a woman in death as much as they revered and honoured her in life, but a
concept of thinking and consciousness that is greater than us all. The truth unconditionally!
In the spirit of our mother, Denise and Deborah Maloney Pictou
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