AIM lawyer Bruce Ellison Named Co-Conspirator in Aquash murder

"[Bruce Ellison has] exercised his Fifth Amendment right. He is a co-conspirator, it is a co-conspirator's statement made in the furtherance and course of the conspiracy."--Assistant U.S. Attorney John Mandel at the February 2004 trial of Arlo Looking Cloud [See also American Indian Mafia, page 19; information about how to purchase the soft-cover or e-book.]

In his 9-16-09 press release about the arrest of Thelma Rios for the December 1975 murder of the Canadian Indian Anna Mae Aquash, researcher and author John M. Trimbach notes that American Indian Movement (AIM) lawyer Bruce Ellison is "a named co-conspirator" in the murder of Aquash. The young Indian woman was also a member of AIM. The assertion that Ellison is "a named co-conspirator" was made by Assistant U.S. Attorney Mandel at the February 2004 trial of Arlo Looking Cloud for the murder of Anna Mae Aquash. Mandel's assertion is documented and its significance explained in American Indian Mafia, which was co-authored by the former FBI Special Agent in Charge Joseph H. Trimbach and his son, the researcher and author John Trimbach.

In a 9-16-09 alt.native post about the 9-10-09 arrest of Thelma Rios, the Trimbachs' assertion that Ellison is "a named co-conspirator" has been misreported by alt.native blogger "O'Brien," who falsely claims:

According to former FBI loudmouth Trimbach, long-time AIM lawyer Bruce Ellison is "a named co-defendant with Thelma Rios" in the Aquash murder.

A co-defendant is not the same thing as a co-conspirator. The Trimbach press release did not use the quoted phrase "a named co-defendant with Thelma Rios." Perhaps alt.native blogger/propagandist "O'Brien" doesn't want anyone to realize that the Trimbachs have reported that Bruce Ellison is a named co-conspirator, so he fabricated this misleading "quote" about a co-defendant to distract his readers from the real accusation and make it appear that Trimbachs don't know what they are talking about.

On page 19 of American Indian Mafia, the Trimbachs describe "a curious sidebar" that occurred during the February 2004 trial of Arlo Looking Cloud for the December 1975 murder of the Canadian Indian Anna Mae Aquash. It was during this sidebar that Assistant U.S. Attorney Robert Mandel named Bruce Ellison a co-conspirator:

A curious sidebar took place during the Looking Cloud trial. The question seemed to catch defense counsel off guard, yet surprised no one familiar with the case. Robert Mandel, the Assistant U.S. Attorney (AUSA), appeared to be finishing his witness's answer, and in the process, crossed the line between the presumption of innocence and a presumption of conspiracy. [American Indian Mafia p. 19]

The judge objected to what the witness was about to say, stopped the testimony, and had a sidebar discussion with the judge. The jury could not hear this, but it is available on-line as part of the transcript of the questioning of Candy Hamilton at the Arlo Looking Cloud trial.

Assistant U.S. Attorney Mandel told the Judge:

My read on this is that this is a co-conspirator statement made in the furtherance of the course of the conspiracy...I point out that Mr. Ellison, according to [defense attorney] Mr. Rench, said he is going to exercise his Fifth Amendment rights and won't testify here...he's exercised his Fifth Amendment right. He is a co-conspirator, it is a co-conspirator's statement made in the furtherance and course of the conspiracy. [See American Indian Mafia, p. 19. See also the on-line trial testimony of Candy Hamilton.]