Will John Graham Go on Trial Monday?

UPDATE (10-3-08)

The Canadian Press (10-2-08) reports:

A U.S. judge said he'll decide Friday whether to dismiss charges against a man scheduled to stand trial starting Monday for the slaying of a fellow Canadian 32 years ago because of a "technical legal point."

John Graham is charged with first-degree murder for the 1975 shooting death of Annie Mae Aquash on the Pine Ridge Indian Reservation when both were affiliated with the American Indian Movement.

Graham's lawyer, John Murphy, filed a motion to dismiss the case or decide it without going to trial. Murphy's grounds: The U.S. government doesn't have jurisdiction because Graham and Aquash were Canadian citizens and the indictment doesn't show that either is a member of an American Indian tribe. [See full text]