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Extradition concerns keep Rios in jail in 1975 AIM slaying |
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Written by Administrator
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Tuesday, 24 November 2009 |
Extradition concerns keep Rios in jail in 1975 AIM slaying
Heidi Bell Gease Journal staff | Posted: Monday, November 23, 2009
It’s not about the money.
Seventh Circuit Judge Jack Delaney said Monday he would be perfectly comfortable lowering bond from $250,000 to $25,000 for Thelma Rios, who is charged in connection with the 1975 slaying of American Indian Movement activist Annie Mae Aquash.
The sticking point is his concern that if Rios –- who is Native American but not an enrolled tribal member –- should flee to a reservation, she could not be extradited to Rapid City to stand charges.
“That is the only thing that holds me up from making a decision in favor of your client,” Delaney told defense attorney Matt Stephens. “If she takes off, can we get her back?”
Rios, 64, has been in jail since Sept. 9 on charges of felony murder committed during a kidnapping and premeditated murder. Each charge carries a mandatory sentence of life in prison upon conviction, which is one reason for Delaney’s concern.
Delaney asked prosecutors to get a written statement from the Attorney General’s office as to whether the state has extradition agreements with South Dakota tribes.
Rios and her supporters, including family and friends who attended Monday’s hearing, say the issue is moot.
“I’ve never ran from anything in my life,” Rios told Delaney. She said her family is all in Rapid City and she has no ties to any reservation. “If they laid a golden carpet for me to go to the reservation, … I would not go.”
Crying, Rios told Delaney she needs to be free on bond to take care of health concerns and to assist with her case. “I have no intent to run.”
Before the hearing, about 25 Rios supporters gathered outside the courthouse to call for her release.
“She’s been rooted in this community for almost 50 years,” said Rios’ daughter Anna Shaw. “She is not a flight risk.”
Protester Hazel Bonner said Rios, whom she called a “political prisoner,” should be given a “reasonable bond” due in part to her age.
The youngest protester, Rios’ granddaughter Alicia Jenkins, 2, wore a sign declaring “I love my grandma.”
Rios’ trial, which is expected to last three weeks, has been tentatively set for March 1. Delaney said he would decide by Dec. 31 whether Rios’ trial will be severed from co-defendant John Graham, who is in federal custody but has not been formally charged in state court.
Andrea Cook contributed to this story.
http://www.rapidcityjournal.com/news/article_8f0286f4-d8ad-11de-9d2f-001cc4c03286.html |
