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.”
Last weekend, on February 6, Catherine Walker and I were emailing back and forth about our plans to interview people familiar with the unsolved civil rights murder of her father Clifton Walker 46 years ago. Around mid-afternoon we had a breakthrough; Catherine wrote to tell me about her conversation with the son of a possible eyewitness to the planning of the murder:
I explained to him how important today is: “DADDY’S birthday” How I need his Dad’s # to speak with him to move forward with the Justice quest. He understood.
For months, Catherine Walker and I have wanted to speak with a black man who reportedly witnessed the planning of the murder at Nettles Truck Stop, about 6 miles north of Woodville, MS. The FBI documents say the man
left the vicinity of Woodville, Mississippi, immediately after the murder of Walker … he [said he] knew what would happen if he continued to hang around.
Some Woodville residents who know the possible eyewitness have told me they saw him about four years ago and that he told them he was at the truck stop on the night of the murder, February 28, 1964, and the planning of the murder was what he saw there.
I was pretty sure I’d located the possible eyewitness, and I was in Louisiana, so Catherine and I were making plans to go see him ourselves. Over the last year, both Catherine and I have been in touch with our subject’s son, who lives in Baton Rouge, LA. The son told us that his family is actually kin to the Walkers and that he knows some of Catherine’s cousins well. He has information about the murder that he’s heard from extended family currently living in Louisiana who were in Woodville in 1964. The son has been eager to help. He’s shared the information with us, but he hasn’t felt comfortable arranging a meeting with his father. We originally thought he was trying to protect his father, but he eventually revealed to Catherine that he and his father do not get along.
We wanted the son to tell us his father’s general location or phone number so I could verify that my information was correct. Finally, on Clifton Walker’s 83rd birthday, the son came through, and his information matched mine.
The man we were looking for was at church when we got to his place. His wife and a slew of grandkids were all hanging out in a shotgun shack in a working class black neighborhood outside of New Orleans.
We sat in Catherine’s car outside the house and waited.
A few weeks after his 37th birthday, on February 28, 1964, Clifton Walker was ambushed on the deserted, unpaved Poor House Road, outside Woodville, MS. He was on his way home from the 3-11 pm shift at the International Paper plant in Natchez, MS. Gunmen shot up his car, blew out all the windows, and shot Clifton Walker at close range, multiple times in the head. No arrests were ever made. Walker’s wife Ruby died in 1992 not knowing what really happened. Clifton and Ruby’s five children are still in the dark about the murder.
For the two years I’ve known Catherine, we’ve been gaining on the case, but the progress is slow. We have a collection of federal and state documents, but we haven’t obtained any new documents for over a year. Many of the people mentioned in the documents are dead. Few of them who are still living have been willing to talk. People with knowledge of the case are dying off.
But on Sunday we were feeling hopeful. Catherine made a good connection with the wife of the possible eyewitness when we went up to the house and found out he was at church. Afterwards, while we sat in the car waiting the man to return, Catherine said:
I’m glad he’s in church. That means he’s gonna come back with the spirit in him and he’s gonna be really nice to us. That’s what he’s gonna do. He’s gonna talk to us.
Even if he doesn’t, if he was afraid, he can just tell us what he heard, what he knows that made everyone else think he knew too much. That would help.
Our man came back from church in the late afternoon and we talked with him at length. Though he admitted knowing the people in Woodville that I talked to, he denied having any first hand knowledge of the murder.
But he had some other information we did not expect him to have. He recalled an encounter with the FBI in 1964.
The FBIs came up to my house. They had his picture and all that where he got shot. They had him naked, laying out on the table.
According to him, the photo showed that Walker was shot on his right side—twice in the shoulder, twice in thigh and twice in the lower leg. He also said that the right side of Walker’s face was shot off “on an angle,” as if he was leaning over to the right when he was taking it in the face.
The information our interviewee recalled from the FBI’s photo comports with first- and second-hand accounts of numerous bullet holes in at least one side of Walker’s car. It also potentially corroborates what Catherine’s mother Ruby told her—that she, Ruby, was told by FBI agents in 1964 that they found empty shotgun shells all along the banks of the road where Walker was shot. Our new information about the wounds on just the right side of Walker’s body could also help to establish with more certainty the sequence of events that occurred out on Poor House Road.
For three years we’ve had a 1964 Mississippi Highway and Safety Patrol (MHSP) report that described the wounds to Walker’s head but made no indication of wounds to other parts of the body. In the report, highway patrolmen recount photographing Walker’s body at the funeral home at about 7:30 pm on February 29, before the pathologist had arrived to do the autopsy. The photo that the FBI reportedly showed our interview subject may have been one of the MHSP photos or it may have been from the autopsy which was performed later the same night. If this eyewitness report concerning the photo is correct, it raises questions about why such crucial details would have been left out of the MHSP report.
If there was a crowd of men firing on Walker’s car from the banks of Poor House Road road, that substantially increases the likelihood that there are still living perpetrators. And for each person directly involved, there are possible others with knowledge of the perpetrator’s actions.
If the FBI had the photo taken either by the MHSP or the coroner, then there were likely multiple copies and there is a better chance that the photo still exists somewhere. “I would like to even have those pictures,” Catherine said.
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
Since I first posted about The Civil Rights Cold Case Project, we’ve added the trailer for the documentary mini-series that we are currently developing in partnership with WNET.org and Paperny Films. I’m on there with the Clifton Walker Case a few times, starting at around 00:45.
§ Posted by Benjamin T. Greenberg on December 19, 2009 at 8:45 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.
In October, I was in Mississippi again, following leads in my investigation of the 1964 murder of Clifton Walker, a black man from Woodville, MS.
Driving home from the swing shift at the International Paper plant in Natchez, MS, Walker was ambushed by Klansmen, who stopped his car on a deserted road and blew his face off with shotguns in the dark of night. He never made it home to his wife and five children. He was 37 years old.
The Mississippi Highway and Safety Patrol and the FBI investigated for nine months and identified numerous suspects—including two who were recommended for arrest—but no one was ever charged.
This post works around the edges of the story to convey a little of what it’s like to conduct a real-time investigation of decades-old events. I’ll be publishing an in-depth article about the case soon.
The Tip
“One of my cousins, who still lives in Woodville, told me Emma’s in Centreville,” came the excited voice over the phone. “She just opened up a club there.”
There are two towns in Wilkinson County, MS—Woodville, which is the county seat, and Centreville, which is 15 miles east of there.
The caller was one of Clifton Walker’s nephews. I had just met and interviewed him for the first time the day before in Louisiana. In 1964 he and his family lived on the same 87 acre family plot of land as Walker and his family.
This was big. 1964 Mississippi Highway and Safety Patrol documents said Emma, a black cook at the truck stop where Walker’s murder was allegedly planned, had knowledge crucial to solving the case. I had found subjects in the documents and confirmed others dead, but I had nothing on Emma, past or present.
“Did your cousin say the name of the club or where it is?” I asked Walker’s nephew.
“No,” he replied, “she didn’t mention that.”
Centreville is a small town of 1500 people. Finding a club that just opened up there didn’t seem daunting. The town is 45 miles from the hotel where I was staying in Natchez. I got into my rental car and drove there.
Main Street in Centreville is about eight blocks long. I parked my car near the western end, got out and started walking east. After a few blocks, I passed a small group of young black men near the corner of West Park Street and noticed a little place down that road that looked like a bar. A number of people were standing around outside. Was that Emma’s “club”?
After another block, I came to the Camp Van Dorn World War II Museum—the tall, box shaped, single-story brick building might have once been a bank or post office; the brown paint looked newer than the paint on any of the other buildings. Camp Van Dorn was an army base that operated in Centreville from 1942-1947.
It wouldn’t take long in such a small town for rumors about my work to spread widely. Maybe inside the museum I could get into a conversation that would reveal what I needed to know without asking direct questions about Emma.
The door was locked. The museum closed at 4:00 pm, and it was already after 5:00. I turned around and started walking back in the direction of my car and tried to come up with Plan B. One of the guys from the street corner was now standing across the street from me.
He called out: “What’re you looking for?”
His name was Robert. I had my camera over my shoulder. I said I was from Boston.
“Boston, Massachusetts?” he asked, “where they have whales and shit?”
Robert suggested beers; I assented, thinking we might go to the place on West Park, but he took me down the block to McKey’s Grocery.
“What kind of beer you drink?” he asked. “I drink Bud Light.”
“That’s fine. Hey, it’s on me,” I said, giving him a 20, “just give me the change.”
He came back a few minutes later with two 24 oz Bud Light cans.
“Seventeen dollars and three cents. Let me hold some of that for you,” Robert offered. “I’ll take you out to Camp Van Dorn and show you underground bomb bunkers, old torpedos and shit like that. You might take a few pictures of me standing in a cave.“
“Thanks,” I answered. “Maybe if I make it back here, but I need to get back to Natchez soon.”
We walked another block, crossed the street and walked a few feet down West Park and sat down on a stoop in front of an old pair of forest green double-doors.
His friends started coming by.
“This guy is a photographer from Boston,” Robert said.
Robert grabbed one of his buddies and started posing and flashing gang signs.
“Snap me. Don’t forget to snap me.”
One guy pulled off his shirt to show off his tattoos from prison.
“You make sure you take this shit back to Boston, Massachusetts.”
“What kind of white girls you got up there in Boston? They freaky?”
I gestured towards the bar down the block. “How long has this place been around?”
“A long time. Years.”
I snapped more photos of Robert’s friends.
Robert leaned over to me, saying, “They see you sitting here with me, so you’re cool. Why don’t you let me hold that 10 for you?”
It was getting dusky and it was time to go.
At the street corner one of the guys started asking me for $5 for a pack of t-shirts.
I thought about where else I could ask around about Emma’s club, but it was definitely time to go.
I heard them calling out as I walked back to the car. I didn’t turn around. I got into the car and drove down a side street to weave my way back to Highway 24.
I called Walker’s nephew from the car and told him I didn’t find Emma’s place.
The Source
In the morning, I drove to the Natchez Coffee House, got some breakfast, used the wifi and sorted through some of my photographs. At around 11:00 am, I went out to my car to call the Woodville cousin who was the source of the information that Emma had a club. Her mother, now deceased, was another of Clifton Walker’s sisters. All of Walker’s 10 siblings are dead.
“Why did he go and run his mouth off like that without knowing the facts?”
She was exasperated.
“Emma opened a new club there. But it was twenty-five years ago,” she said. “I was a little girl when I heard it. I went to Centreville with my mother. Emma walked past us in the store we were shopping in. Mama said, ‘if it wasn’t for that woman, my brother would still be alive.’”
“Is Emma still there? Is she alive?” I asked.
“I have no idea.”
It was a 25-year-old tip.
Return to Centreville
I decided to visit the office of Centreville Chief of Police Jimmy Ray Reese.
“It was over him either using the white restrooms or drinking out of the white water fountain” at International Paper, Chief Reese told me.
Reese said he knew all about the Walker case. He said a number of things I hadn’t heard others say before.
“Back in those days they had the signs, you know. He’d been told don’t do one or the other. And apparently he did and he was found shot with buckshot. Something like 250 holes were found in his car. I think a tree might have been cut across the road and he might have gotten out to check on the tree and they shot him.”
I told him about Emma.
“Yeah I know her,” he said.
“She still around?” I asked.
“Yup,” he replied, “I talked to Emma last week. She was involved?”
It was no longer dated hearsay. Emma was alive.
“She’s mentioned in the documents as having knowledge,” I explained, trying to not speak too excitedly.
“I’ve been in law enforcement in this town 33 years, 34 years in January. She’s been here ever since then,” Reese said. “She ran a big night club. I know her quite well, and we always got along good.”
“When she ran that juke, I was the deputy and we had a lot dealings,” Reese continued. “A lot of them at these jukes don’t like to tell you who was fighting, but she’d always point em out to me and have em arrested and try to stop things. She tried to run a pretty good place. She had a lot of pull back in them days.”
I finally met Emma the next morning. She was 81 years old, tall, even as she bent to use her cane. She had small, braided pigtails pinned tightly behind her ears. She was getting over the flu and was wearing a white, terrycloth robe. Her recollections comported with details in the 1964 Mississippi Highway and Safety Patrol documents.
“They come down there and they questioned me,” she said. “They knocked on the door, I answered the door and they just pushed the door on over.”
After the murder she was living in Louisiana.
“They brought me big pictures. He was laying there with blood, he was full of blood and I didn’t look at them cause it was horrible.”
She clearly had not forgotten it.
Did she have information crucial to my investigation? She sure didn’t think so, but that remains to be seen.
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.”
Many thanks to Pam Spaulding for capturing John Lewis’ speech at Equality Alabama’s gala a couple of weekends ago. John Lewis is an American hero and a powerful speaker; it is fantastic to hear him speaking so strongly on this issue and declaring himself an ally to the GLBT community.
John Lewis took batons to the head, was beaten to unconsciousness multiple times for equality — courage and moral conviction that [Bishop Harry] Jackson and his fellow charlatans of bigotry are bereft of.
Rep. Lewis spoke eloquently about the simplicity of the government staying out of the lives of gay and lesbian couples — there is no need to “save” marriage from two people who simply want to love one another and be legally affirmed in the same way that heterosexual couples are when they marry.
But perhaps the most powerful message was to those in the LGBT community who are waiting for equality to come to them — Lewis charged us to seize the moment, do not accept being told to wait your turn, to demand your rights through your representative, and most of all take personal responsibility — the message we all heard was loud and clear.
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.
Grand Casino, Biloxi, MS, five months after Hurricane Katrina made landfall in Mississippi.
On August 29, 2005, the eye of Hurricane Katrina made landfall in Waveland, Mississippi, and the western side of the storm grazed New Orleans. Five months after the storm, I visited the Mississippi Gulf Coast.
According to a National Hurricane Center report on Katrina, “in many locations, most of the buildings along the coast were completely destroyed, leaving few structures within which to identify still-water marks.” The center’s researchers estimate that the hurricane produced a storm surge as high as 27 feet in some locations.
It was dumbfounding to drive along the coast in Biloxi and find the Grand Casino on the north side of Highway 90. Before Katrina, the casino was on a barge, docked off the beach, south of the highway. The storm surge lifted the casino barge out of the water, over the beach and over the highway. If you stand at the western end of the barge and look east, you can see the yellow and blue neon sign, a half mile down the road, where the barge originally sat. The same thing happened to two other casino barges—the President Casino in Biloxi, which landed on top of a Holiday Inn, and the Gulfport Grand Casino….
The national media have covered the near-total destruction of Bay St. Louis and Waveland. Driving along Beach Boulevard in the two towns, I saw a few people who had returned and were living in trailers on their plots of land, but practically everything was deserted. All that remained were the merest remnants of homes and the things that had been inside them….
In each place I visited along the western half of Mississippi’s Gulf Coast, the look of the destruction was a little different, but it was consistently total. And surprisingly, the destruction in the coastal areas of Pascagoula, at the eastern end of the state, is comparable. I remembered George W. Bush’s promise to rebuild another “fantastic house” for Trent Lott on the Pascagoula beachfront. I did not know that 95% of the city’s residential areas went underwater or that 65% of the city’s homes remain uninhabitable. Northrop Grumman Ship Systems’ facility in Pascagoula, which before Katrina employed 19,800 people, was all but obliterated.
Hurricane Katrina wiped out the entire Gulf Coast of Mississippi. The scale of the destruction is difficult to comprehend. All along the coast—mile after mile—just about anything that was there is now gone.
But this is only part of the story. According to the National Hurricane Center, the surge “penetrated at least six miles inland in many portions of coastal Mississippi and up to 12 miles inland along bays and rivers. The surge crossed Interstate 10 in many locations.” Interstate 10 runs east-west, four miles or more north of coastal Highway 90.
Gayle Tart’s brother Sam and his son John died in Pass Christian during the hurricane, on John’s second birthday. Tart explained that father and son had drowned inside their own home.
“Water never came down there [before Katrina]. That’s across the track. [With Katrina] that water came in and that water went out, and the velocity was unbelievable,” Tart said. “The first boundary was the beach and the next boundary was the highway. The day after the storm, you saw neither—no beach and no highway.”
Small rental and workforce housing progress has fallen dramatically short of State predictions, and so Mississippi has asked HUD for additional funds to temporarily subsidize lower-income residents in market rate rentals….
Mississippi has allocated just over half its funds on housing, and has lowered its commitment to housing by over $800 million in the past 2 years. Louisiana has allocated over 85 percent to housing programs and increased its commitment over the same period.
Mississippi has spent just under half its funds, while Louisiana has spent almost 68 percent of its funds, widening its lead over Mississippi.
Mississippi diverted $600 million from its housing program to a port expansion, while Louisiana intends to reinvest $600 million in unused Road Home funds for housing assistance for low-income residents.
Mississippi took longer to spend less later for low-income residents than for wealthier residents.
A family photo rests on the foundation slab of a home obliterated by Hurricane Katrina in Bay St. Louis, Mississippi.
I emphasize Mississippi in this blog post because I know that nearly all of the fourth anniversary coverage of the ongoing Katrina aftermath, will focus myopically on New Orleans. The situation in New Orleans is still dire. The housing crisis is dire. But there will not be an adequate recovery until the interconnectedness of regions and issues becomes a fundamental insight that drives policy.
While poor and minority survivors and activists will agree (if anyone asks them) that they face multiple, interconnected disasters in the aftermath of Katrina and Rita, this basic local insight goes largely unrecognized. Government failure is certainly most responsible for a “recovery” that has been arbitrary, resource-driven, and slow rather than holistic, need-driven, or effective. But no one, progressives as a group included, has adequately depicted, let alone offset, that failure. Narrowly focused aid has often segregated otherwise related issues, making one or another worse and masking the lack of an overall plan. Residents of the region feel tremendous gratitude to the tens—if not hundreds—of thousands of volunteers whose countless hours of labor, along with their financial contributions, are primarily responsible for what rebuilding has occurred. However, this individual good will is no substitute for the kind of comprehensive, coordinated, and sustained response that is needed from government at all levels.
Unfortunately, no thoughtful and coordinated response will occur without a compelling grassroots push for community visibility, multi-issue awareness, and broad social justice for Gulf Coast survivors. Our region today remains in a cultural, environmental, economic, and human rights crisis no less severe than its more frequently discussed housing crunch and extending far beyond the parishes of its famed city, New Orleans. The media, policymakers, academicians, and private funding groups repeatedly fail to recognize regional connectivity or to challenge the basic invisibility of the Gulf Coast’s multiply wounded communities and ecosystems—together, its very soul. [P]iecemeal analyses and responses … are moving social justice and equitable recovery nowhere fast.
a hybrid model to partner directly with communities in planning, overseeing and administering recovery projects to assist the survivors of these disasters, provide communities with tools to build resilience against the impact of future disasters and revitalize the region economically. The bill would create a minimum of 100,000 prevailing wage jobs and training opportunities for local and displaced workers on projects reinvesting in infrastructure and restoring the coastal environment utilizing emerging green building techniques and technologies. This program would empower residents to realize their right to return with dignity and create stronger, safer, and more equitable communities.
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.
Southern African American community resists corporate organized rightwing protestors. Above the shouts the community tells its story and why they need health care for all to overcome historic health disparities.
(h/t Jared Storey)
§ Posted by Benjamin T. Greenberg on August 13, 2009 at 11:47 pm
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
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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