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
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.
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
The Washington Post’s Joby Warrick reports today that
At least two dozen other former and current detainees at Guantanamo Bay and elsewhere say they were given drugs against their will or witnessed other inmates being drugged, based on interviews and court documents.
Warrick’s WaPo article gives a vivid account from Adel al-Nusairi, one of the detainees who has come forward.
Nusairi is among a handful of former detainees who directly allege the use of drugs in interrogations at the military prison in Guantanamo. Others described being forcibly given sedatives that knocked them out or made them groggy before being transferred, or being forced to take pills or receive shots for unclear reasons and suffering unusual symptoms afterward. At least one detainee has alleged in a written statement through his attorney that he was drugged after being “renditioned” or transferred by U.S. officials to a prison in Morocco.
Nusairi, in prison interviews in 2005 with Anant Raut, his attorney, described a six-month period in which he says his captors subjected him to drugs and temperature extremes to extract information about al-Qaeda connections they believed he had.
“They thought he was hiding something,” said Raut, who represented Nusairi and other Saudi detainees in 2005 and 2006 while working for the Washington office of the law firm Weil, Gotshal & Manges. “He was injected in the arm with something that made him tired — that made his brain cloudy. When he would try to read the Koran, his brain would not focus. He had unusual lethargy and would drool on himself.”
It was during one such episode, in an interrogation room Nusairi remembers as ice-cold, that he became so desperate for sleep that he signed a confession professing to involvement in al-Qaeda, according to his attorney’s notes. The interrogator watched him sign his name, and “then he smiled and turned off the air conditioner. And I went to sleep,” Nusairi said, according to the notes.
After the confession– which Nusairi later said was a lie — the Saudi remained at Guantanamo Bay for another three years before being turned over to his home country, which released him. “He signed the statement, and they declared him an enemy combatant,” Raut said, “yet they released him anyway with no explanation.” The Saudi Embassy declined to comment.
Nusairi and other detainees’ allegations that they were drugged have enormous ramifications.
“The use of drugs as a form of restraint of prisoners is both unlawful and unethical,” said Leonard Rubenstein, an expert on medical ethics and the president of Physicians for Human Rights. “These allegations demand a full inquiry by Congress and the Department of Justice.”
Scott Allen, a physician and co-director of the Center for Prisoner Health and Human Rights in Providence, R.I, noted that there are no accepted medical standards for the use of drugs to subjugate prisoners. Thus, any such use in interrogations “would have to be considered an experimental use of medicine.”
The Helsinki Declaration and the Nuremberg Code establish standards for the protection of individual rights in human experimentation, which are largely codified in US law. They absolutely prohibit human experimentation without the consent of the subject. These ethical rules, the Nuremberg Code in particular, were created in response to human experiments conducted by German health professionals on prisoners during World War II. The doctors involved in those human rights abuses were later convicted of war crimes and crimes against humanity.
It is all the more telling, then, that one of the Yoo memos released this month contains justifications of drugging:
Written to provide legal justification for interrogation practices, the memo by then-Justice Department lawyer John C. Yoo rejected a decades-old U.S. ban on the use of “mind-altering substances” on prisoners. Instead, he argued that drugs could be used as long as they did not inflict permanent or “profound” psychological damage. U.S. law “does not preclude any and all use of drugs,” Yoo wrote in the memo.
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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