The attorney for Richard "Dickie" Marshall, one of two men charged with killing American Indian Movement activist Annie Mae Aquash in 1975, has asked that the trial be moved back two months.

Marshall, 57, and John Graham, 52, are to go on trial Feb. 24 in U.S. District Court in Rapid City. Both men are charged with first-degree murder.

On Monday, Marshall's defense attorney, Dana Hanna, filed a motion for continuance, saying he needs more time to prepare for the trial.

Hanna said he had read more than 5,000 pages of case background information provided by the federal government but has not reviewed those documents with his client. He also said he needs but has not received copies of the more than 100 audio cassette tapes produced during the investigation.

Hanna's motion also states that the government has refused to provide records or information concerning other AIM-related events during the 1970s that could come into play during the trial.

"I require more time to locate and interview witnesses, gather records, subpoena evidence, research legal issues and to investigate the case," Hanna wrote.

Marshall was indicted last August, more than 32 years after Aquash's body was found on Pine Ridge Indian Reservation in February 1976. She had been shot in the head.

Marshall and Graham would face life in prison if convicted. A third man charged in the case, Arlo Looking Cloud, was convicted of murder after a 2004 trial and is serving a life sentence.

Contact Heidi Bell Gease at 394-8419 or heidi.bell@rapidcityjournal.com