Lawsuit filed last week alleges civil rights violations
Jerry Mitchell and Ben Greenberg
The Clarion-Ledger
March 1, 2010
Convicted Klan leader Edgar Ray Killen says there wasn’t enough legal evidence to imprison him for the 1964 killings of three civil rights workers and that God is going to get whoever helped put him away.
Those written remarks are among the most recent public stirrings from Killen, who also filed a lawsuit Wednesday against the FBI, alleging his civil rights were violated.
“Almighty God … is listening and is recording your acts, thoughts and deeds. One by one you will give account to him,” Killen wrote in a six-page letter obtained by The Clarion-Ledger from a Klansman. His lawyer confirmed the letter is indeed Killen’s.
District Attorney Mark Duncan, who along with Attorney General Jim Hood prosecuted Killen, responded, “I don’t have any trouble standing before God with my role in it.”
In 2005, a Neshoba County jury convicted Killen, now 85, on three counts of manslaughter for his role in the Klan’s June 21, 1964, killings of James Chaney, Andrew Goodman and Michael Schwerner, commonly known as the Mississippi Burning case.
The FBI is now reexamining the killings. Four suspects are still alive in the case.
In his letter, Killen lambasted prosecutors and Circuit Judge Marcus Gordon, who sentenced Killen to the maximum 60 years in prison. Killen, a former Union sawmill operator and part-time preacher, is serving his time in the Central Mississippi Correctional Facility in Rankin County.
Killen blamed the press and the people of Neshoba County. “You had all the news media that helped indict me for murder on three counts, which you had no legal evidence,” he wrote. “All your grand jury heard was slick tongue talk from a couple of politicians.”
Sally Beam, one of those grand jurors, said that’s not correct.
All the evidence led back to Killen, she said. “We were not out to get him, but he was the one every order went out from. The fact he’s still trying to blame somebody else just tells me his heart is still not in the right place.
“He’s still trying to cover up what needs to be exposed. If I were Edgar Ray Killen, I’d be thinking about my maker and where I’m going to be when I die. He’s a preacher. He knows about heaven and hell.”
Killen says mobster Gregory Scarpa Sr., pistol whipped “testimony” from from Clayton Lewis, a defense attorney in the 1967 federal conspiracy trial of suspects in the civil rights workers’ slayings..
The nearly 40,000 pages of FBI files in the Mississippi Burning case obtained by The Clarion-Ledger do not appear to mention Scarpa or list his informant number. Some other FBI records refer to Scarpa being brought in to help crack the Klan’s 1966 killing of Vernon Dahmer.
Killen said the FBI paid Scarpa $30,000 in reward money — an allegation FBI agents have disputed.
Retired FBI agent Jay Cochran said the reward money was delivered to Mississippi Highway Patrolman Maynard King, who told the FBI where the bodies were buried. Cochran said King was passing the $30,000 on to the person who informed King.
Philip Dray, co-author of We Are Not Afraid: The Story of Goodman, Schwerner, and Chaney, and the Civil Rights Campaign for Mississippi, said he’s not surprised Killen invoked God’s name since the White Knights of the Ku Klux Klan in Mississippi often did that.
Killen said God knows what he did and that he is at peace with God, but Dray noted Killen never actually said he was innocent. “Convicted Klansmen have a special problem with justice,” he said. “Their ‘crimes’ were, in their minds, righteous. They were aimed at specific targets — meddlesome Yankees.”
In Killen’s mind, he said, “It will always be 1865.”
In the letter, Killen says he read many hidden Justice Department files. “I only read those of interest, as I was not hired and I was not a pimp, but I had security clearance, so I read and obtained straight evidence,” he says. “I am not putting some names in this letter as some are still living and believe it or not I am not a betrayer of anyone, especially my friends.”
Exactly who he refuses to betray he didn’t say.
Larry Ellis, a former inmate who has been interviewed by the FBI, said some of what the letter says mirrors much of what Killen told him behind bars.
Ellis told the FBI that Killen said he had access to these files because of his relationship with then-U.S. Sen. Jim Eastland and “did jobs” for Eastland around the country.
Killen said in his letter he had traveled to “most major cities in America.”
On those trips, he said he bragged about his hometown, his home county and his home state. Now, he said, he wants to retrace those steps and apologize.
The Clarion-Ledger obtained the letter from Cole Thornton, Imperial Wizard of the United Northern and Southern Knights of the Ku Klux Klan, who attended Killen’s 2005 trial. Thornton said Killen authorized him to release the letter and shared a note that expert Thomas Vastrick of Memphis identified as Killen’s handwriting.
Thornton, whose real name is Charles Denton, said he wants to see “the scoundrels who railroaded this fine man pay up for their deceit.”
In his lawsuit in which he seeks millions of dollars, Killen is demanding all of the federal files in the case.
Hood responded that his office has given Killen’s lawyer “every document we have in our files. The federal prosecutors assured me that they gave us all of the documents in the possession of the federal government.”
Killen remains filled with venom, Hood said. “Hate will eat up a person’s soul. As with all criminals I have had to prosecute, I still hold out hope that their souls will be redeemed.”
Killen has repeatedly referred to the three victims as communists — something the victims’ families say isn’t true.
Ben Chaney, whose brother James was among the victims, said after reading Killen’s letter, “I sort of feel bad for Mr. Killen because he’s losing. The fact is he refuses to look at reality.”
Killen needs to come clean, he said. “God knows what he did, and he knows he did something contrary to what God wants. The truth will set him free.”
Just before the late evening news in Hawaii, my husband Kenneth said, “a tremendous 8.8-magnitude earthquake struck Chile.”
“That’s awful,” I responded and went to bed thinking no more of it.
Until 5:20am my cell phone rang and rang and rang—“Oh damn, nobody calls this time of morning unless it is bad news.” By the time I was fully aware the landline rang. “Yes Scott, no Scott—thank you Scott” Kenneth said and promptly turned on the TV. We have a Tsunami warning because of the earthquake in Chile.”
“Oh dear, I must get Kaspar’s (the cat) carrying case . . . do we have enough fresh water. . .I hate canned foods. . . etc,” I began the emergency check list in my head. Knowing full well that we have everything. Living next to the water demands a level of preparedness that most people do not have to deal with.
HoneyGirl (the dog) was breathing heavy next to the bed and Kaspar (the cat) was standing on my chest daring me to open my eyes. What a way to awake from a dream. Or am I still dreaming? No, this is real!
The TV news was showing lines at the gas stations and it was still dark. Local residents were scrambling to stock up on water, gas and food as sirens pierced the early morning quiet across the islands ahead of the tsunami. Some stations had enough gas, but other stations reportedly ran out. At supermarkets, residents stocked up on essentials like rice, water and toilet paper in anticipation of the high waters. The TV repeatedly ran the picture of a sign at a store limiting families to two cases of Spam. A must in every local menu.
My first of many calls was to Marilyn, my daughter, to warn her… “Damn!” The sleepy voice on the other end of the phone said. “Mom what a wake up call. Thanks Mom, I’ll get my young’ens together. Aaron is at the airport leaving for a class trip to America and Ashley has to go to class today.” They live at the top of a step hill in Maile, a very safe place to ride out a Tsunami. The home has an unobstructed view of the ocean. It’s about 50 miles from me as the crow flies. But then we have no crows. And I really don’t know how crows fly.
Over the Martin Luther King, Jr. holiday weekend some attention turned to US Senator John Kerry’s (D-MA) renewed effort to open the FBI records of Dr. King. Civil Rights Cold Case reporter Jerry Mitchell reported:
U.S. Sen. John Kerry plans to introduce legislation next week that would pave the way for the release of thousands of FBI documents on the life and death of the Rev. Martin Luther King Jr.
Kerry, D-Mass., said the bill, which failed in 2006, can pass this year in honor of King. “I want the world to know what he stood for,” Kerry said. “And I want his personal history preserved and examined by releasing all of his records.”
The bill calls for creating a Martin Luther King Records Collection at the National Archives that would include all government records related to King. The bill also would create a five-member independent review board that would identify and make public all documents from agencies including the FBI — just as a review board in 1992 made public documents related to the 1963 John F. Kennedy assassination.
Mitchell spoke with Kerry and other prominent supporters of the legislation, including US Representative Bennie Thompson (D-MS) and pulitzer prize winning King biographer Taylor Branch. MItchell also spoke with others from the Civil Rights Cold Case Project, who believe Kerry should expand the focus of his important initiative.
Hank Klibanoff, managing editor of the Cold Case Truth and Justice Project, believe[s] Kerry’s idea should be expanded to include the release of documents involving not only King’s assassination, but also other racial slayings from the civil rights era….
Klibanoff met last summer with Attorney General Eric Holder and suggested creating an independent review board to make public “all files, documents and other historic materials related to the racial terror and hate crimes that occurred in the South during the modern civil rights era.”
In an Oct. 27 letter, Holder responded that the Justice Department was discussing the best ways to make “the most responsible public disclosure possible.”…
Ben Greenberg of Boston, whose father served as a special assistant to King in 1962 and 1963, praised Kerry’s legislation. “The murder of Martin Luther King Jr. was a trauma that our country will not recover from unless we can clear the air about what really happened,” he said.
Greenberg, who has spent recent years investigating a number of unsolved killings from the era, including the 1964 killing of Clifton Walker near Woodville, said documents on many other racial slayings from the 1950s and 1960s should be made public, too.
“The effects of these murders linger throughout the South,” he said.
Some FBI documents continue to conceal the name of suspects in these killings, he said. “The people named in the documents, the family members and the perpetrators are dying every day. It is time for the truth to be told and for justice to be done. We need the information while there is still time to use it.”…
Recently the FBI asked for the public’s help in solving 33 killings from the civil rights era — a third of them in Mississippi.
Journalist John Fleming, whose work for The Anniston Star led to an arrest in the 1965 killing of Jimmie Lee Jackson in Selma, Ala., questioned how the FBI can ask for the public’s help in solving killings but fail to make public the names of crucial witnesses who could shed light on these cases.
USA Today reports that the FBI Field Office in Jackson, Mississippi may soon be named after James Chaney, Michael Schwerner and Andrew Goodman—the three civil rights workers murdered by Klansmen in Neshoba County, MS, June 21, 1964.
JACKSON, Miss. — This state, whose civil rights history is marred with negatives, wants to name its new Federal Bureau of Investigation headquarters after slain civil rights workers Michael Schwerner, James Chaney and Andrew Goodman.
“Given our state and its history, it would do a lot to show that Mississippi has changed,” said U.S. Rep. Bennie Thompson, a Democrat.
“I think it’s an excellent idea and one that I would support,” Thompson said.
The Jackson City Council will vote today on a resolution supporting the move. Schwerner, Chaney and Goodman were killed June 21, 1964, while participating in Freedom Summer, an intensive voter registration drive aimed at breaking Mississippi’s resistance to civil rights for African Americans….
“It could send a signal to the rest of the nation that we at least understand some of the things that have happened in the past and realize that this is in tune of correcting some of the negatives back then,” Smith said.
FBI spokeswoman Deborah Madden said the agency will defer to Congress for a final decision on naming the building, which the federal government is leasing….
Angela Lewis, Chaney’s daughter, said naming the building after the trio would be “a very nice gesture” that could contribute to a better understanding of the era.
I’m ambivalent about this possibility of a Chaney, Schwerner and Goodman FBI Field Office. In 1964, when the field office was established, attention to the three murdered civil rights workers precluded attention to most other of the numerous incidents that warranted investigation and response. In his book Racial Matters: The FBI’s Secret File on Black America, 1960-72, historian Kenneth O’Reilly writes:
The reason for skepticism about the FBI presence was obvious. The violence had not abated. By COFO’s estimate 450 incidents makred the three months beginning June 15. Segregationists three voter registration workers in Hattiesburg as Hoover made his speech [at the opening of the Jackson Field Office]. (171)
Despite enormous resources expended by the Bureau on solving the Neshoba murders, there was much skepticism about that as well. As Dick Gregory remarked at the time:
If these Mississippi white Klansmen, who do not know how to plan crimes, who are ignorant, illiterate bastards, can completely baffle our FBI, what are those brilliant Communist spies doing to us?
Though Edgar Ray Killen was finally convicted in 2005 on manslaughter charges for his role in the murders, the case is far from resolved.
It is meaningful that US Representative Bennie Thompson (D-MS), who is a Mississippi Civil Rights Movement veteran, as well as the Mississippi NAACP and James Chaney’s daughter Angela, support the name change. It is worth noting, however, that journalist Chris Joyner has no quotes from Ben Chaney, brother of James Chaney, Rita Schwerner-Bender, widow of Michael Schwerner, or David Goodman, brother of Andrew Goodman. All three regularly make public statements regarding the Neshoba murders and are outspoken advocates for a broad approach to justice for their murdered family members—and for the countless other victims, many still nameless to the world at large.
§ Posted by Benjamin T. Greenberg on December 29, 2009 at 5:17 pm
The Civil Rights Cold Case Project brings together the power of investigative reporting, narrative writing, documentary filmmaking and interactive multimedia production to reveal the long-neglected truths behind scores of race-motivated murders, and to facilitate reconciliation and healing.
Our reporters are reopening and investigating several cold cases—producing important evidence that prosecutors have used to build criminal cases against killers and conspirators who have walked free for more than 40 years.
The photo from the home page slideshow, above, is one I took on Poor House Road, in the area where Clifton Walker was murdered on February 28, 1964.
Exhuming James Chaney’s body could help identify others involved in the Ku Klux Klan’s 1964 killings of Chaney and two other civil rights workers, a world-renowned forensic pathologist says.
That’s because X-rays show two bullets were never removed from Chaney, said Dr. Michael Baden of New York City. “They’re still in his body, and they could be matched to the weapons that did it.”
The FBI contacted Baden last week about his findings.
Chaney’s brother, Ben, said he and his family support an exhumation. “If they (FBI agents) want to take the bullets from my brother, we’ll do that,” he said. “Whatever they need.”
This evidence first came to light in 2005, when Baden and pathologist Dr. Steven Hayne were studying the X-rays and other evidence for the 2005 prosecution of Edgar Ray Killen—the Klansman who was convicted that year on manslaughter charges for his role in orchestrating the killings of the three civil rights workers.
After the defense agreed to the facts, prosecutors didn’t call the two forensic pathologists as witnesses.
Baden said he decided to request the exhumation after hearing the FBI was now reinvestigating the trio’s killings.
No murder weapons were ever found in the trio’s killings, but former inmate Larry Ellis, who had a prison cell next to Killen in 2007, recently told FBI agents that Killen talked of a murder weapon being buried on his property. Killen, who was a part-time preacher, lived in Union.
If a gun was recovered, it still could be tested to see if it fired the fatal bullets into Chaney, Baden said. “And there might still be DNA and fingerprints on the weapon.”…
According to a confession by Horace Doyle Barnette, Klansman Alton Wayne Roberts grabbed Schwerner, 24, and shot him once, then grabbed Goodman, 20, and shot him once. Jordan then joined Roberts – and perhaps others – in shooting Chaney, 21, to death.
Ballistics confirmed that bullets removed from all three bodies came from two different .38-caliber pistols.
Why weren’t the pathologists called to the stand in 2005? Roberts is dead but, as noted in the article sidebar, four suspects are still living:
Olen Burrage of Philadelphia
Pete Harris of Meridian
former Philadelphia police officer Richard Willis of Noxapater
Jimmie Snowden of Hickory
In 2005, there were as many as 9 other living suspects. Not knowing all that was involved in accomplishing a successful prosecution of Edgar Ray Killen, I allow there may have been reason to limit testimony once the defense agreed to the facts in the case. But without more information important questions linger, pointing to possible cover-ups.
Ben Chaney has said that when pursuing the indictment of Edgar Ray Killen in 2005,
the District Attorney did not vigorously in the grand jury proceedings pursue the indictments against … the remaining people that participated in this crime.
After the Killen trial the prosecutors misrepresented crucial facts in the case. Prosecutors ambitious to right four decades of denied justice should have viewed the trial as an important discovery tool for bringing new evidence to light. Instead, new evidence has remained hidden four and a half years while suspects have been dying off.
Justice and the truth require swift, efficient and determined action. When it comes to these decades old cold cases, there is no time for selective disclosures of evidence.The Justice Department and the state of Mississippi must pursue this evidence without delay.
§ Posted by Benjamin T. Greenberg on November 22, 2009 at 3:27 pm
One of the themes of this blog is the pressing need to look not only at who pulled the trigger in decades old Civil Rights Era murders but also to look more broadly at how institutions, people in positions of power and others in the broader society enabled or encouraged the countless crimes against African Americans and their allies.
Jerry Mitchell’s journalism does both.
In the video above, Jerry discusses with Stephen Colbert some of the murderers his reporting has helped to put away. In their discussion, Jerry also touches on the corruption that he exposed in the handling of the two 1964 Byron De La Beckwith trials that ended in mistrials. Jerry exposed that the Mississippi State Sovereignty Commission was aiding Beckwith’s defense while the state was prosecuting him. The Sovereignty Commission was the spy agency established by the Mississippi State Legislature in 1956 to monitor and oppose civil rights activity. The Commission’s files were declassified in 1998 and are available online.
Informants told the FBI that Eastland met with Klan leaders and courted the Klan’s vote in his 1966 re-election race. The senator also talked with suspects in the Neshoba County case, including then-Sheriff Lawrence Rainey and defense lawyers, getting updates on the case.
In 1965, U.S. District Judge Harold Cox of Jackson – whose appointment to the bench Eastland engineered – threw out the indictments of all the suspects, except Rainey and his deputy, Cecil Price.
An FBI memo said Eastland, who was a college buddy of Cox, “has been taking credit for the federal government dropping charges against those indicted in the Neshoba County slayings.”
According to the FBI, Rainey penned a letter saying, “I know for a fact that James O. Eastland helped prevent the trial of 16 other men.”
On March 28, 1966, the U.S. Supreme Court reinstated the indictments.
A “prominent local Klansman” in Meridian told the FBI that Eastland had appeared at a rally in Forest and invited Imperial Wizard Sam Bowers to speak with him: “Eastland stated that he would help the 17 defendants in the Neshoba County case and that he has been ‘pulling strings for them.’”
Jerry’s article also discusses soon to be published writings and statements by Killen, as well as other evidence, elaborating on the Klansman’s alleged ties to his US Senator.
Eastland grew up in Hillsboro and was buried in Eastern Cemetery in Forest.
Killen, who grew up in neighboring south Neshoba County, said he developed a relationship with Eastland after becoming friends with Leander Perez, an arch-segregationist in Louisiana.
Documents from the Eastland papers at the University of Mississippi show Eastland and Perez shared information on purported communists.
Ellis told the FBI that Killen said his work for Eastland was “to stop the communist Jews or their soldiers.”
Connecticut has produced musicians more famous than Mark Mulcahy, but few who have been more influential.
Just how influential is evident on “Ciao My Shining Star: The Songs of Mark Mulcahy” (Shout Factory), a CD and digital collection of songs by the singer, songwriter and one-time leader of the New Haven band Miracle Legion. After Miracle Legion, he fronted Polaris, which wrote the theme for the Nickelodeon show “The Adventures of Pete and Pete.”
The 41-song collection (21 on a CD, an additional 20 available online only) features covers of Mulcahy and Miracle Legion songs performed by artists that include R.E.M.’s Michael Stipe, Radiohead’s Thom Yorke, the Pixies’ Frank Black, Fountains of Wayne’s Chris Collingwood, Dinosaur Jr. and the National.
It’s a loving tribute, to be sure, but not to Mulcahy. Rather, “Ciao My Shining Star” is a remembrance of his wife, Melissa Rich, who died unexpectedly a year ago, leaving Mulcahy to raise their 2-year-old twin daughters.”
Jerry Mitchell at the Crimes of the Civil Rights Era conference, Northeastern University Law School, April 28, 2007
A papermaker dedicated to preserving traditional Western and Japanese techniques; a scientist developing theories of global climate change; and a journalist who helps uncover details of unsolved murders from the civil rights era are among the 24 recipients of the $500,000 “genius awards,” to be announced on Tuesday by the John D. and Catherine T. MacArthur Foundation….
Jerry Mitchell, an investigative reporter at The Clarion-Ledger newspaper in Jackson, Miss., who focuses on cold-case murders from the civil rights era, said he would use the money to help write a book on the subject. “I never in all my life expected this,” Mr. Mitchell, 50, said of his award.
I have been following Jerry’s work almost as long as I’ve had this blog and more recently have had the honor and pleasure of getting to know him professionally. Here’s a bit more about him for those unfamiliar:
He has been called “a loose cannon,” “a pain in the ass” and “a white traitor.” Whatever he’s been called, Jerry Mitchell has never given up in his quest to bring unpunished killers to justice, prompting one colleague to call him “the South’s Simon Wiesenthal.”
Since 1989, the 47-year-old investigative reporter for The Clarion-Ledger in Jackson, Miss., has unearthed documents, cajoled suspects and witnesses, and quietly pursued evidence in the nation’s notorious killings from the civil rights era.
His work so far has helped put four Klansmen behind bars: Byron De La Beckwith for the 1963 assassination of NAACP leader Medgar Evers, Imperial Wizard Sam Bowers for ordering the fatal firebombing of NAACP leader Vernon Dahmer in 1966, Bobby Cherry for the 1963 bombing of a Birmingham church that killed four girls and, most recently, Edgar Ray Killen, for helping orchestrate the June 21, 1964, killings of Michael Schwerner, James Chaney and Andrew Goodman.
So far in 2006, Mitchell has been named a Pulitzer Prize finalist, the winner of the George Polk Award for Justice Reporting, the winner of the Vernon Jarrett Award for Investigative Reporting and the Tom Renner Award for Crime Reporting from Investigative Reporters and Editors. Last November, Mitchell became youngest recipient ever of Columbia University’s John Chancellor Award for Excellence in Journalism for his 17 years of pursuing justice.
David Halberstam said in helping bestow the Chancellor award, “Mitchell pursued these stories after most people believed they belonged to history, and not to journalism. But they did belong to journalism, because the truth had never been told and justice had never been done.”
In 1989, Mitchell was a court reporter for The Clarion-Ledger when the film Mississippi Burning inspired him to look into old civil rights cases that many thought had long since turned cold. Through dogged reporting, which cut across the grain of his paper and many of its readers, he investigated leads long ignored or overlooked.
For example, Mitchell’s diligent attention to detail unraveled the alibi of Cherry, who claimed he was watching wrestling on television when the bomb was planted inside the Birmingham church. Mitchell had the newspaper’s librarian check the TV schedule in the old issues of the Birmingham News. There was no wrestling program on at the time.
His work inspired others. Since 1989, authorities in Mississippi and six other states have reexamined 29 killings from the civil rights era and made 27 arrests, leading to 22 convictions.
“It is fair to say that without Mitchell’s dogged and often courageous reporting … many murders from the civil rights era would have remained unvindicated, locked forever in the vaults of regional amnesia,” wrote Tribune syndicated columnist Kathleen Parker.
You can’t grow up in in the home of a political radical from the 1950s and 60s without hearing Peter, Paul and Mary. I’m very sad to hear of the death of Mary Travis. She raised the roof for freedom and justice her whole career. If there’s a heavenly place where great spirits celebrate together Mary is surely whooping it up with them now.
Billy Wayne Posey, a key suspect in the Ku Klux Klan’s killings of three civil rights workers in 1964 in Mississippi, has died, but Justice Department officials say they’re continuing their investigation of the remaining suspects.
The 73-year-old Posey died Thursday of natural causes, according to friends. That leaves four living suspects in the June 21, 1964, killings of James Chaney, Andrew Goodman and Michael Schwerner in the Justice Department’s investigation….
Goodman’s brother, David, of New York City, said Friday that he hopes the Justice Department will continue to pursue the matter. “This is still the country of law and order, and the laws are clear,” he said. “There is no statute of limitations on murder.”
Time is passing by, he said, “but I never rejoice over a person’s passing. I’ve never felt any animosity toward the specific individuals who murdered my brother. They just pulled the trigger.”
In the summer of 1964, hundreds of FBI agents investigated the trio’s disappearance, leading to the grisly discovery of their bodies buried 15 feet beneath an earthen dam. In 1967, 18 men went on trial on federal conspiracy charges, and seven of them were convicted.
But the only murder prosecution took place in 2005 when a Neshoba County jury convicted reputed Klan leader Edgar Ray Killen on three counts of manslaughter. He is serving 60 years in prison.
Civil rights activists repeatedly have called for the prosecution of others besides Killen.
Posey came within one vote of being indicted by that same Neshoba County grand jury that indicted Killen, with a deciding vote against indictment cast by his relative. In a 2007 series, “Buried Secrets,” The Clarion-Ledger revealed three potential new witnesses against Posey.
In a 2000 statement, Posey told investigators there were “a lot of persons involved in the murders that did not go to jail.”
He did not name those people.
Posey admittedly was among those who pursued the trio that night, was there when they were killed and helped haul their bodies to the dam to bury them.
But the statement could never be used against Posey in state court because he was given immunity.
Then-Neshoba County Deputy Cecil Price told authorities prior to his 2001 death that he told Posey in 1964 he had just jailed the three civil rights workers and asked Posey to get in contact with Killen, who helped to orchestrate the killings.
In 1967, Posey was one of the seven men who was convicted of conspiracy to deprive Chaney, Goodman and Schwerner of their civil rights. Though his admission of taking part in the Chaney, Goodman and Schwerner murders could not be used as evidence, state and federal charges were still possible.
[W]hat Posey said wouldn’t be barred from federal court if federal authorities could pursue a case, said former state and federal prosecutor Patricia Bennett, a professor at Mississippi College School of Law. “And even if there was a state prosecution, authorities may be able to develop other evidence and not use that particular statement.”
Earlier this year, Chaney’s brother, Ben, met in Washington with Justice Department officials, asking them to pursue the case against the living suspects: Posey and Pete Harris, both of Meridian; Olen Burrage of Philadelphia; former Philadelphia police officer Richard Willis of Noxapater; and Jimmie Snowden of Hickory.
I spoke with Ben Chaney in 2007, two days after he buried his mother, Fannie Lee Chaney, next to her murdered son, James. Ben Chaney said:
My mother grew up in the time and period of Mississippi where it was believed that the death the murder of a black man by a white man would never be prosecuted. She had a great uncle lynched. When she was child she watched she saw a black male hanging from a tree who was lynched. When she was bout 5 or 6 years old she saw this. In her time of growing up it was just natural…. You could kill a black man if you were white and get away with it.
And unfortunately she took that to her grave….
This should have been over 40 years ago. Most definitely it should have been over with 1989, and without a doubt it should have been over in 2005. Everybody should have been prosecuted in 2005 and it hasn’t happened.
It hasn’t happened; it needs to happen; time is running out.
Though I did not know his name until today, Heinz Edelman has been one of my artistic heroes for decades. He was the illustrator and designer who made the visual landscape of the animated Beatles film Yellow Submarine. Heinz Edelman has died at age 75.
The movie’s mod-psychedelic look, which typifies the era’s spirited graphic art, emerged around the same time as the related psychedelic work of Terry Gilliam, Alan Aldridge and Victor Moscoso, but it has its own whimsical aesthetic. The bulbous Blue Meanies, which personify an evil mood as actual villains, pursue the innocent, well-coifed cartoon Beatles across an ever-shifting milieu of mysterious seas and holes that can be magically picked up and moved. The yellow submarine itself stops in an ocean of pulsating watches, representing time, to light a cigar for a friendly sea monster.
Notably, the designs prefigured contemporary music videos, especially in their use of dancing typography. Letters spelling out the lyrics “Love is all you need” morph into a strobing neon wallpaper pattern.
“He became famous because of his work on ‘Yellow Submarine,’ ” said the graphic designer Milton Glaser, a friend. “But that celebrity actually obscured his real talent and imagination.”
A highly successful advertising and editorial illustrator in Germany, England and the Netherlands, Mr. Edelmann was known for combining Impressionist and Expressionist sensibilities leavened with wit, humor and irony. He developed a distinct graphic style that influenced many artists in Europe and the United States. He was given a Masters Series exhibition at the School of Visual Arts in New York in 2005.
In the 1960s he was experimenting with a stylized, soothingly fluid, neo-Art Nouveau manner. That caught the eye of Al Brodax, producer of a successful animated Beatles television cartoon series for children. He chose Mr. Edelmann to be the chief designer of his first feature-length animated film, “Yellow Submarine,” built around a 1966 song of the same name, credited to John Lennon and Paul McCartney, with lead vocals by Ringo Starr.
It was not easy to get initial approval for “Yellow Submarine.” The Beatles were unenthusiastic about Mr. Brodax’s more conventional-looking cartoon series (not done by Mr. Edelmann), Newsweek reported in 1968; their manager, Brian Epstein, was a stumbling block as well.
The tide turned, Newsweek said, during a stroll through the Tate Gallery in London, where Mr. Brodax and Mr. Epstein happened upon J. M. W. Turner’s “Peace — Burial at Sea” and marveled at that painting’s intense colors.
“Wouldn’t it be great if we could get those colors to move?” Mr. Brodax asked.
Mr. Epstein replied, “We would need great art.”
Mr. Edelmann was the perfect artist, Mr. Epstein finally agreed, and “Yellow Submarine” had some of the Turner’s shimmering quality.
It was a career-defining work, “designed, for the most part beautifully,” Renata Adler wrote in The New York Times in 1968, “in styles ranging through Steinberg, Arshile Gorky, Bob Godfrey (of the short film ‘The Do It Yourself Cartoon Kit’), the Sgt. Pepper album cover, and — mainly, really — the spirit and conventions of the Sunday comic strip.”
Despite the huge influence of “Yellow Submarine” on the culture of the time, Mr. Edelmann admitted that he could never quite connect with the 1960s aesthetic. Once the film was complete, he altered his approach to avoid being pigeonholed as a psychedelic artist, becoming considerably less ethereal and decorative and turning to what was on the surface his darker side, though it was never really morose but rather ironic.
I am grateful to Mr. Edelman for his part in the creation of this imaginative world that has long been one of my favorite places to visit. Thank you, Heinz Edelman. Rest in peace.
§ Posted by Benjamin T. Greenberg on July 26, 2009 at 3:35 am
investigate whether the Valley Club violated federal civil rights laws when it kicked out a group of children from the Creative Steps Day Camp and canceled the camp’s contract.
“When the minority children got in the pool all of the Caucasian children immediately exited the pool,” Horace Gibson, parent of a day camp child, wrote in an email. “The pool attendants came and told the black children that they did not allow minorities in the club and needed the children to leave immediately.”
The next day the club told the camp director that the camp’s membership was being suspended and their money would be refunded.
One of the most astounding of many astounding moments in this story was the public statement from John Duesler, president of the Valley Swim Club, which said:
“There was concern that a lot of kids would change the complexion … and the atmosphere of the club.”
As the ColorOfChange.org letter to Holder notes, canceling the Creative Steps Day Camp’s contract
after learning that the children at the camp were largely African-American and Latino [is] a possible violation of section 1981 of the Civil Rights Act of 1866.
[T]he staff at Girard College, a private Philadelphia boarding school for children who live in low-income and single parent homes, stepped in and offered their pool.
“We had to help,” said Girard College director of Admissions Tamara Leclair. “Every child deserves an incredible summer camp experience.”
The school already serves 500 campers of its own, but felt they could squeeze in 65 more – especially since the pool is vacant on the day the Creative Steps had originally planned to swim at Valley Swim Club.
“I’m so excited,” camp director Alethea Wright exclaimed. There are still a few logistical nuisances — like insurance — the organizations have to work out, but it seems the campers will not stay dry for long.
NBC Philadelphia also reports that US Senator Arlen Specter (D-PA) will investigate the discrimination claim.
“The allegations against the swim club as they are reported are extremely disturbing,” Specter said in a statement. “I am reaching out to the parties involved to ascertain the facts. Racial discrimination has no place in America today.”
Oh, lastly, kudos to the owners of Gumdrops & Sprinkles in Wayne, PA who gave the Creative Steps kids a free day of candy and ice cream making while they are waiting for all the the details with Girard College to be worked out. If you want to show Gumdrops & Sprinkles some love for showing the Creative Steps kids some love, click on the store photo and leave Gumdrops & Sprinkles a comment on their Yelp page.
§ Posted by Benjamin T. Greenberg on July 9, 2009 at 10:40 pm
I had a knot in my stomach and could not sleep last night after watching those three white punks go after Jay Phillips. But telling over 60 kids that they are not welcome at a swimming pool that they have paid to use is a whole other level of cruelty—especially when the president of the swim club reportedly gave as reason that
[t]here was concern that a lot of kids would change the complexion … and the atmosphere of the club.
The kids don’t need to know their history to be hurt by this, but it is also the case that they all have parents and grandparents who were alive when Blacks were kept out of white swimming areas. I hope to hear that the Civil Rights Division of the US Department of Justice is investigating this incident.
Folks I've got them hungry blues
And nothin' in this to lose
People tellin' me to choose
Between dyin' and lyin' and
keep on cryin'
Tired of them hungry blues
Listen ain't you heard the news
There's another thing to choose
A brand new world
clean and fine
Where nobody's hungry
And there's no color line
A thing like that's worth
anybody dyin'
I ain't got a thing to lose
But them doggone hungry blues
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