SIOUX FALLS, S.D. (AP)—A federal judge in South Dakota has dismissed an indictment against a Canadian accused of killing an American Indian activist in 1975.
But prosecutors quickly filed a new complaint Friday against former American Indian Movement member John Graham.
He was scheduled to stand trial Monday in the death of Annie Mae Aquash (AH'-kwahsh). Her body was found on the Pine Ridge reservation in 1976 with a gunshot to the head.
Graham's lawyer complained the U.S. government didn't have jurisdiction because the two belonged to Canadian tribes.
The trial is off, but the new complaint will probably send the case before a grand jury again.
Prosecutors have said AIM leaders suspected Aquash was a government informant.