Trial of Arlo Looking Cloud February, 2004 THE COURT: Counsel. MR. RENSCH: Thank you, Your Honor. Arlo Looking Cloud didn't kill anybody. Arlo Looking Cloud the evidence in this case will show didn't help kill Mrs. Pictou-Aquash. Arlo Looking Cloud today, this year, is a fifty year old man. In 1975 he was a 22 year old young adult. He was born in South Dakota, he lived on the reservation for a period of time, he lived in Denver for a period of time, and he spent his young adult years in Sante Fe at an art school. You will find that this is a case of fate. You will find through the evidence in this case that what Arlo Looking Cloud became embroiled in was simply being in the wrong place at the wrong time. You see in December of 1975 Arlo lived in a place near the projects down in Denver. He lived with a woman by the name of Charlotte Zephier. He had a job selling art, making paintings, things of that nature. He had a little boy. Up to that point in his life he had had some problems with alcohol and with drugs, but he was doing well. And this weekend in early December of 1975 his path would change. You see, the woman who lived with him, Charlotte Zephier, was going on a trip that weekend, she was going to Nebraska and taking his son to Nebraska to visit some relatives. And what does Arlo do, the 22 year old young man that he is, he goes out on the town. He goes out on the town with a friend who was named Joe Morgan, and he goes drinking with this other young adult down in the streets of Denver, down in the bars of Denver, down in the haunts of Denver, and he drinks all night. And he comes home to his empty house, his woman is not there, his live-in girlfriend is not there with their child, and he sleeps off his hangover. And he sleeps all day. He sleeps all day, and he wakes up in the afternoon with a splitting headache, and little did he know his path was going to change. You see he gets out of his bed and he puts his clothes on and he decides to go downtown again and try to find his friend Joe Morgan, and that's what changed his fate. When he dressed that evening, little did he know that Joe Morgan wouldn't be over at Yellow Wood's house. Troy Lynn was a friend of Arlo's, Troy Lynn was a friend of many people. Troy Lynn lived close to Arlo, so when he walked over to his house that night in late December, his intent was not to kill somebody or help premeditate the end of a human being, his intent was to go down drinking that day because he had a hangover, he appeared on the steps and knocked on the door to see if his friend Joe Morgan is there and Troy Lynn doesn't answer. Theda Clark is there. Theda Clark is a fifty'ish Indian woman at this point in her life who owns a bar in Colorado, Arlo had known her from before. He had driven for her from time to time, she would give him some drinks, let him drink in her bar, things of this nature. Theda on this night says to young Arlo, hey, we want you to drive up to Rapid City for us. Arlo doesn't really want to drive up to Rapid City for her. You will find evidence in this case that Theda Clark, well, she was older, she was pushy, and when she asked Arlo to drive to Rapid City, Arlo said okay, I will do it. His friend Joe Morgan wasn't there, and he was would just drive to Rapid City for Theda. As he steps in to the house of Yellow Wood's they don't really let him go many places in the house, they shoo him right down to the basement. And as he is walking down those basement steps little does he know he is about to meet two people that will change his fate for ever. As he is walking down those steps he doesn't know what is about to occur because no one has ever asked him or said anything was going to happen there, or asked him to come over there for any specific purpose, and as he is walking down those steps he sees an individual he had never met before by the name of John Graham. The evidence in this case will show that John Graham was known also as John Boy Patton and was a friend of Theda Clark's. There was a young woman laying on the couch under a blanket and they don't introduce her to Arlo. Arlo meets John Graham, also known as John Boy, they converse, don't talk really about much, and suddenly this John Graham is talking about a rope, and Theda is talking about a rope, and John Graham takes this young woman off of the couch, has her get up, and ties her hands behind her back. Arlo Looking Cloud doesn't know if they are together, doesn't know what their relationship is, doesn't really know what is going on, but he knows enough not to ask questions and not to talk to them about it. Well, John Boy leads this young woman, who turns out to be Anna Mae Pictou-Aquash, up these steps on this night in December of 1975. Arlo through the years has made statements about this, and you will find in this case that for thirty years approximately Arlo has been, well, not a productive member of society, he's lived on the streets, he has been drunk, he has used drugs, he has abused his body, and he has done many things, I think that the evidence will bear out, that affect his memory and his ability to recall events and his ability to communicate about events, but that night this 22 year old boy who was there walked up those stairs and yes, he thought something was amiss, and he didn't do anything to stop it. And as they go out into the car this poor lady is put into the back of the car and Arlo drives. And he doesn't make any excuses about driving. But he thought that they were just going to Rapid City. Theda mentioned something about this girl talking too much. Nothing about we are going to take her to Rapid and she is going to be interrogated, nothing about we are going to take her to Rapid and she is going to be killed, nothing about please help us kill this woman in furtherance of the movement. So they drove all night to Rapid City. Arlo drives some of the time, he sleeps some of the time. There isn't much conversation in this car on the way up, and Arlo knows something isn't fitting right here, but he is not asking questions, and Theda and John Boy act as though they know what is going on, act as though they heard something about what might happen, but they don't talk to Arlo about it. They get to Rapid City in the early morning hours and they drive to an apartment that is up by the Mall out by the highway, Knollwood Heights. This apartment is rented by a woman that we find out later is named Thelma Rios. At the time Arlo did not know whose apartment it was, they get in to the apartment, there is no furniture in the apartment, someone is either moving in or moving out of the apartment. John Graham sleeps in a room with Ms. Pictou-Aquash, Arlo sleeps on the floor, there is no furniture in there, they sleep for a period of time. Theda Clark, the fifty'ish Indian woman who asked Arlo to drive up there in the first place does not stay in this apartment, and they just sleep there. Arlo wakes up at some point in the day, we don't know just exactly what time of the day, and he takes the car down to put gas in it. And as Arlo is at the gas station he runs in to a person that he knew from living on the reservation by the name of Tony Red Cloud. And this Tony Red Cloud asks Arlo to come over to his house. Arlo goes over to his house, spends some time with him, eats with him, don't know whether they drink or not, but they spend a period of time together. Arlo goes back to the Knollwood Heights apartment, and Theda and John Boy are mad at him because he is gone with the car. As he gets back they say we have to go to the reservation. And everybody gets in the car, they drive down to the reservation, Arlo drives for a period of time, doesn't drive all the way, remembers stopping, remembers sleeping a period of time, remembers switching drivers, ultimately ends up out in front of a house in Rosebud near the hospital. And at this time he is with Anna Mae, he is with Ms. Pictou-Aquash, and John Boy Patton and Theda Clark go in to this house, they don't tell Arlo what they are going in for, Arlo doesn't know what they are going in for. At this point he doesn't remember Ms. Pictou-Aquash saying anything about begging to be let go at that point. I guess the evidence will have to bear itself out on that. But none-the-less there's never been any discussion about anybody killing anybody up to that point in time. Up to this point in time they stopped several places in Rapid City, stopped on the side of the road and places to get gas and things like that. And John Boy and Theda come out of this house and Arlo is thinking, well, maybe I can finally get back to Denver. They come out, they get in this Pinto, they drive toward Kadoka. Arlo doesn't know what they are driving toward Kadoka for. He is wanting to go back to Denver, he is not driving the car, Theda is driving the car. John Boy is there, and they act as though they know what is going to happen, but nobody talks about it. The car pulls on that lonely highway going north toward Kadoka, straight up on the map to Kadoka, and Theda Clark pulls a U-turn and goes back and forth several times and stops on the side of the road. As she stops on the side of the road there is no conversation about what is going to occur. As she stops on the side of the road John Boy Patton gets out of that car, John Boy Patton who is bigger than Arlo, John Boy Patton tells Ms. Pictou-Aquash to get out of the car and begins leading her off in to the ditch. At this point it is either John Boy or Theda say to Arlo come on, get out here. Arlo gets out of that car, he does not know what is going to happen, he starts to walk up there, he doesn't march her up to the side of the cliff, he doesn't grab her arm. He doesn't help take her to the cliff. He is following along not knowing what is going to happen, and he is thinking they are going to let her go way out here. Then he hears her start to pray, and in his mind he starts to think we are going to pray. Bam, at that point John Boy Patton pulls out a gun and shoots this woman in the back of the head. Arlo reels from it, Arlo did not know that was going to happen. Arlo has never met this man before. She falls over this cliff, the white shale cliff of the Bad Lands, she falls 25 feet down into the bottom of this ravine. The photo you see here was taken years later, but in the pictures you see in the evidence in this case it is white shale, it is clear, free of vegetation. And Arlo standing there on this edge of this ravine, and John Boy Patton turns around and he looks at him and he has a gun, and what does this young 22 year old man think of? What does he do? He doesn't know what is about to happen. He says to Graham give me the gun. Graham reaches out, hands him the gun. And Arlo fires the gun over the ravine until the gun is empty, and he did it because he was afraid this man who just put a bullet in this woman's head would do the same to him. And he hands the gun back to him, relieved that the gun is empty. As he hands the gun back, they walk back to the vehicle. They get in the vehicle. They start going back to Denver. They stop at a bridge and John Boy Patton, John Graham wants to bury the pistol. Arlo wants to help bury the pistol, because if John Graham doesn't have a pistol, then no one else will get shot. They go down below the bridge and Arlo helps dig that hole and they bury that pistol, and they drive to Denver. When they get to Denver Arlo Looking Cloud falls off the face of the earth as it relates to the American Indian Movement. When they get to Denver he stays away from the American Indian Movement. While he lived close to Troy Lynn, and we will see her, and she is a friend of his and had been a friend of his prior to that time, and while he may see Theda from time to time because they live in the same town, he stays away from the American Indian Movement. You will hear evidence in this case that on the other hand, Mr. Graham, John Boy Patton had a meteoric rise in the American Indian Movement, and you will hear evidence in this case he was sun dancing with the National AIM president, and you will hear evidence in this case that he actually, well, he stayed with the Movement. The story doesn't end there. The story doesn't end there. The story also picks up in 1994. In 1994 when Arlo Looking Cloud sits down with the FBI, sits down with the BIA, sits down with a lawyer, and tells them what happened, and at the end of this long interview when Arlo Looking Cloud told the authorities how John Graham executed Anna Mae, Arlo is released just to go right back out on the streets and be a street person. You will hear evidence again that the following year, the following year in the summer of 1995 this man, Arlo, five foot six and a hundred fifty pounds is approached again by the authorities, and they asked to take him out to the scene near Kadoka and to the various places that he traveled in this ever changing day of fate, and this crossroads of his life, this December, 1975 that changed his existence for ever. And what does Arlo Looking Cloud do, he goes with them and he explains to them just exactly how John Graham executed this woman that Arlo had never met before. At the close of this case I will be asking you to decide the main issue in this case. Which is whether or not the government can prove beyond a reasonable doubt that Arlo Looking Cloud aided and abetted a murder and had the intent for somebody to die. I will ask you, too, to look at his words and understand that a young man who was merely present at something so horrible as a murder is not responsible in the way the shooter is. Thank you. |