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.”
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.”
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.
45th Annual Mississippi Civil Rights Martyrs Memorial Service & Conference March for Justice in Philadelphia, MS, June 21, 2009. Marchers carry crosses with names of Civil Rights Era murder victims. (Brian Livingston/Meridian Star)
July 4, 1964 was the last time Julia Dobbins saw her brother, JoEd Edwards. Eight days later, he went missing. Rumors were that the Klan took away the 21-year-old Black man and murdered him. His mother died in 1990 never having learned what truly happened to her son.
July 4, 1964 was the thirteenth day James Chaney, Michael Schwerner and Andrew Goodman were missing. One month later, on August 4, 1964, the three civil rights workers’ bodies were found buried in an earthen dam on the property of a wealthy local businessman, Olen Burrage.
July 4, 1964 was the sixty-third day Charles Eddie Moore and Henry Hezekiah Dee, two 19-year-old Black men, were missing. Eight days later, on July 12, partial remains of Charles Moore were found in the Mississippi River, near Vicksburg, MS and eastern Louisiana. The following day, partial remains of Henry Dee were also found in the river.
July 4, 1964 was the 127th day since fourteen-year-old Catherine Walker ran past the adults at the crime scene on Poor House Road in Woodville, MS to her father Clifton Walker’s car. Forever etched in her memory are the shattered windows, bullet holes in the door and her father’s blood still visible on the seat and car floor. Catherine’s mother Ruby died in 1992 never knowing who murdered her thirty-seven-year-old husband.
In 2005, after forty-one years, Edgar Ray “Preacher” Killen, was convicted on three counts of manslaughter for his part in the murders of Chaney, Goodman and Schwerner. In June 2007, after forty-three years, James Ford Seale was convicted on federal kidnapping charges for his part in the murders of Dee and Moore. No one has ever been charged with the murders of JoEd Edwards and Clifton Walker.
Numerous others were involved both in the Chaney, Schwerner Goodman and Dee-Moore murders. By 2007, all other known suspects in the Dee-Moore murders were dead, save one, named Charles Marcus Edwards, who testified against and helped convict James Ford Seale. In 2005 at least nine people were living who were arrested and/or indicted in the 1960s in connection with the murders of civil rights workers. Two weeks ago, just following the forty-fifth anniversary of the Chaney, Schwerner and Goodman murders, Jerry Mitchell reported that more might be prosecuted.
“This case is being actively reviewed by the Civil Rights Division and the FBI,” Alejandro Miyar, a spokesman for the division, told The Clarion-Ledger. “Our goal in investigating this case is to lend our assistance to authorities in Mississippi so that they may make a determination whether sufficient evidence exists for a state prosecution.”
Five suspects are still alive in the case, including reputed Klansman Billy Wayne Posey, who told Mississippi investigators there were “a lot of persons involved in the murders that did not go to jail.”
In February 2007, the FBI announced that it had approximately 100 Civil Rights Era cold cases that it was looking into. Each case seems inevitably to lead to others, including many not on the official lists. When, for example, Canadian documentary filmmaker David Ridgen set out to produce a film about the murders of Chaney, Goodman and Schwerner, he soon found himself investigating the murders of Charles Moore and Henry Dee.
As I watched Summer in Mississippi [a 1965 CBC documentary], sequences flew by of the hundreds of frantic searchers from the US National Guard, the Federal Bureau of Investigation (FBI), and local authorities who’d been ordered to scour the entire state and surroundings for the missing civil rights workers, beating bushes, flying helicopters, dragging swamps and rivers. The whole country was on edge. Would their bodies be found?
Then, a curious silence descends in the 1964 documentary when cigar-smoking white men in shirt-sleeves fish decomposing body parts out of the Mississippi River with sticks and bare hands. We see ribs and a femur, knotted loops of wire or twine, and a transparent, body-size bag being emptied out of the fetid water. The lazy, ever-present Southern droning of katydids is silenced by the penetrating voice of the late, great CBC narrator John Drainie: “It was the wrong body. The discovery of a Negro male was noted and forgotten. The search was not for him. The search was for two white boys and their Negro friend.”
I stopped the film and wrote down five words and a question, “wrong body”, “Negro male”, “forgotten”, and then simply, “who?”
Ridgen located Charles Moore’s brother, Thomas, who agreed to work with Ridgen and be the main subject in Ridgen’s documentary film about their investigation of the murders of Henry Dee and Charles Moore. Ridgen and Moore’s work together led to the conviction of James Ford Seale. Their work also led to the other living conspirator in the murder, Charles Marcus Edwards, making an unprompted public apology in the courtroom to the families of Henry Dee and Charles Moore. Edwards apologized again in private, and both Thomas Moore and Henry Dee’s sister, Thelma Collins, accepted the apology.
When I first met Thomas Moore and David Ridgen in March 2007, they mentioned another murder they had learned about. During their investigation, they were told by a retired Natchez police chief that there was another murder from 1964 in Southwest Mississippi that could be solved: the murder of a Black man named Clifton Walker.
A few months later, I was in Woodville to meet with a local NAACP official about another case I was researching. As I walked back to my rental car following the interview, a Black woman in her early 70s approached me.
“You a reporter?” she asked.
She wanted to tell me about Clifton Walker and about a number of other murders of Blacks said to have taken place in her tiny southwest Mississippi town.
The following day, by odd coincidence, I got a hold of Mississippi Highway and Safety Patrol documents on the Walker murder. A few months later, a Freedom of Information Act request yielded FBI documents on the case. In the Clifton Walker FBI file, there is passing mention of seven more murder victims. None of these seven names are on the current FBI lists of victims.
Other reporters who investigate Civil Rights Era cold cases have similar experiences.
Jerry Mitchell, who pioneered investigative journalism on this subject over twenty years ago, said in an email:
Working on an unpunished killing from the civil rights era inevitably leads to the discovery of more. I remember while working on the James Ford Seale case, I ran across a story in microfilm that showed that Seale had actually killed yet another African American, running over the elderly man in his truck in 1966, just a day after the man had voted for the first time. Seale was never prosecuted.
Four days later, Morris took his last breath in Room 101 at the Concordia Parish Hospital. He suffered a long, agonizing death with third degree burns over 100 percent of his body. A Baptist minister said he never saw a man so severely burned as Morris, who was blinded by the flames.
Nelson’s reporting has helped bring about the recent announcement that the case may go before the Concordia Parish Grand Jury. Nelson hadn’t looked into cold cases from the 50s and 60s before the Morris murder caught his attention, but inevitably others emerged. In an email to me, Nelson explained how he learned about JoEd Edwards.
I first heard about JoeEd in the lone article about the Frank Morris case written by John Herbers for the New York Times in December 1964. I called Herbers and he could vaguely remember mentioning JoeEd’s name in the story but did remember that a porter from a Vidalia motel had been missing a few months prior to the Morris arson. I started asking around in the black community and found a number of people familiar with JoeEd’s case. And the story took off from there and continues to take me in new directions—even this week.
Thompson said DeLaughter beat his three companions with a white fire hose throughout the night. Thompson said the young men screamed so loudly that their voices reminded him of “pigs squealing.”
There is much, much more of this, of course, and from other years and in other states. In 2005, for example, John Fleming, editor at large of the Anniston Star, discovered that James Bonard Fowler, the Alabama State Trooper who allegedly shot Jimmie Lee Jackson on February 18, 1965, is still alive and well and unrepentant. Jimmie Lee Jackson was the Black protester in Marion, Alabama whose murder sparked the Selma to Montgomery March. Several days after he was shot and beaten, Jackson died of an infection in the Good Samaritan Hospital in Selma. Fleming interviewed Fowler, who, in 2005, admitted to the shooting. Fowler claimed self-defense and was confident he would not be prosecuted. In 2007, however, Fowler was indicted on state murder charges; the trial is currently on hold over procedural issues.
Fleming has recently uncovered new information about the racial murder of Willie Brewster in Anniston, AL and is working on many of the Alabama and Georgia cases on the FBI’s list; he has also heard of many others that have not been cataloged. Fleming cited two cases he has not yet looked into deeply, in an email to me:
a case in Perry County [where Jimmie Lee Jackson was killed] of a shopkeeper who shot a teenager in the back for back talking him and a Green County case of a man who had his tongue cut out and [was] left to die.
Fleming also learned of at least one other incident involving Fowler:
I discovered that he had shot another man in 1966, a drunk driver who he got into a fight with after he was arrested. It was ruled self defense at the time.
Nelson said to me:
There’s no question that one case leads to another. Individuals who had some information on JoeEd told me about cases of black men who were beaten. This led to some other arsons of black and white businesses and homes and so on. It’s hard to keep count, but the magnitude of these crimes is overwhelming and the leads never seem to end.
At one of the 45th anniversary memorials to Chaney, Goodman and Schwerner two weeks ago, Michael Schwerner’s widow, Rita Schwerner Bender, said:
she hopes federal authorities will lend their assistance not only to [the Chaney, Schwerner and Goodman] case but also to any other case where enough evidence exists to pursue prosecution. “The clock is ticking,” she said. “Time is running out.”
***
Correction
I erroneously stated that “Nelson has reconstructed what were likely Edwards’ last hours—being brutally beaten with a firehose, allegedly by then Concordia Parish Sheriff Frank DeLaughter, inside the Ferriday jail.” That sentence has been replaced with the current passage, above, detailing allegations of Carl Ray Thompson concerning DeLaughter.
§ Posted by Benjamin T. Greenberg on July 3, 2009 at 2:24 am
Jerry Mitchell reports that US District Judge Tom Lee will allow a lawsuit to go forward that could break new ground on holding Mississippi government accountable for the murders of Henry Hezekiah Dee and Charles Eddie Moore. The lawsuit has been filed against Franklin County, MS, by Moore’s brother Thomas and Dee’s sister Thelma Collins. The two men were 19-years-old when they were murdered by Klansmen in 1964.
It is the first such lawsuit filed to clear the hurdle of the statute of limitations since unpunished killings from the civil rights era since cases began to be reopened in 1989.
“This is a landmark case — an extremely significant case,” said Jackson lawyer Dennis Sweet, a lawyer for the families of Henry Hezekiah Dee and Charles Eddie Moore, who were abducted and beaten by Klansmen on May 2, 1964, before being drowned in an old portion of the Mississippi River.
Reputed Klansman James Ford Seale is serving three life sentences for kidnapping and conspiracy in the case. His lawyers are appealing that conviction.
Lawyers defending Franklin County called the killings “abhorrent” but insisted the Klan was solely responsible: “There is no genuine evidence which exists linking the sheriff of Franklin County to the events alleged.”
They argued the lawsuit should be dismissed because the statute of limitations is three years for this type of litigation and would have expired in 1967.
But Lee concluded that doesn’t mean the clock starts ticking immediately.
The judge quoted from a 5th U.S. Circuit Court of Appeals decision, which found that the statute of limitations “does not run until the plaintiff is in possession of the ‘crucial facts’ that he has been hurt and the defendant is involved.”
The lawsuit brought by the families’ lawyers — Sweet, Warren Martin, Margaret Burnham and Charles Ogletree — said the then-Franklin County Sheriff Wayne Hutto and Deputy Kirby Shell conspired with the Klan to commit these crimes, refused to investigate after and then covered up their evil deeds.
To date, the courts have been a vehicle for belated prosecutions of individual perpetrators of racially motivated murders from the 1950s and 1960s. Prosecuting the perpetrators is an essential step towards justice and accountability for these crimes. But the individual Klansmen who did the shooting, bombing, burning and beating of African Americans are only part of the story. State responsibility for the violent crimes against African Americans in Mississippi and elsewhere in the South must also be addressed for justice to be done. This lawsuit against Franklin County looks at very specific ways local law enforcement played a role in the crime and in covering it up.
According to Judge Lee’s opinion that Thomas Moore and Thelma Collins can proceed with their case against Franklin County, these are known facts in the case:
When Seale was tried on the federal charge in 2007, [Charles Marcus] Edwards testified against him. Edwards implicated himself in the crime. He testified that after the men were kidnaped, but before they were killed, the kidnapers went to the Sheriff’s office and, with the sheriff’s aid but without a search warrant, searched the Roxie First Baptist Church in Franklin County. After the church was searched, the law enforcement officers left the scene without investigating the case or assisting Dee and Moore in any manner. The kidnapers then stuffed Dee and Moore into the trunk of a car and transported them across the river to Louisiana, where they were drowned. The Sheriff did nothing to secure the release of the men in the several hours that elapsed between the search and the drowning in Louisiana.
The Federal Bureau of Investigation thoroughly investigated the murders at the time they occurred in 1964. Their investigation included repeated interviews with Franklin County Sheriff Wayne Hutto and an interview with Deputy Sheriff Kirby Shell. At no time did Sheriff Hutto or Deputy Shell ever reveal to the federal authorities that they possessed information that was highly pertinent to the investigation. On July 13, 1964 Hutto was interviewed by the FBI and deliberately misinformed them of the facts. On November 4, 1964, Hutto and Shell were again interviewed by the FBI. Neither disclosed their participation in the events leading to the murders. On November 9 and November 12, Hutto was again interviewed by the FBI, and again failed to disclose his knowledge of the case. On November 6, 1964, when Seale and Edwards were charged with the crimes, FBI Director J. Edgar Hoover issued a press release stating that the arrests “climaxed an extensive and lengthy investigation by FBI Agents and local authorities.”
In January 1965, before the charges against Edwards and Seale were dropped, Sheriff Hutto met with the county district attorney to discuss the evidence in the case. He did not reveal the role of his office in the search of the church on the day in question. Such information, if known to the assistant district attorney, would have implicated the Sheriff in the killings and provided critical evidence in the state’s case against Edwards and Seale. After the decedents went missing in May 1964, their relatives sought the assistance of their sheriff, Hutto. On or about May 9 he informed them that they were in Louisiana. On May 16, when the men could not be found in Louisiana, the relatives returned to visit Hutto. The sheriff told them he did not know their whereabouts but that he would try to locate them. That was the last contact the family members had with Sheriff Hutto about the matter. Thereafter, in July, the FBI took charge of the investigation.
This case may allow the families of Henry Hezekiah Dee and Charles Eddie Moore to gain some more closure after decades of having no redress for their loss, and it could become a model for other victims’ families. Involvement by local government in the crimes and their cover up is not unique to the murders of Henry Dee and Charles Moore.
§ Posted by Benjamin T. Greenberg on July 1, 2009 at 6:06 am
Federal and parish prosecutors are combining forces in the investigation of the 1964 murder of black Ferriday shoe shop owner Frank Morris and the case may go before the parish Grand Jury.
U.S. Atty. Donald Washington of Lafayette and Concordia Dist. Atty. Brad Burget told The Concordia Sentinel today the joint probe may also include the appointment of a federal attorney as an assistant district attorney in Concordia Parish.
“The DA’s potential for a murder investigation is appealing to us,” said Washington, who along with First Asst. U.S. Atty. William J. Flanagan of Shreveport met with Burget in Vidalia two weeks ago. Cynthia Deitle, Chief of the FBI’s Cold Case Unit, also took part in the meeting by phone from Washington.
All pledged their resolve to Burget in seeing the case through.
The involvement of the DA’s office marks the first time since Morris was murdered that local authorities will take an active role in this case. Morris, 51, died four days after the arson of his shop on Dec. 10, 1964, in what the FBI has termed a racially-motivated murder involving the Ku Klux Klan.
“Thank God,” said Morris’ granddaughter, Rosa Williams of Las Vegas, when notified of the announcement. “My heart is beating so fast right now.”
Williams was 12-years-old and living with her aunt in Ferriday just a few blocks from the shoe shop when it was torched almost 45 years ago. She said since that time she and her family had almost lost hope that the murder would be solved, that her grandfather’s killers would be identified and the motive revealed.
“I pray about this all the time,” she said. “God answers prayers.”
[O]n a chilly December night in 1964, this good citizen’s life was destroyed and the people who depended on him were left devastated. Morris lived in a building attached to the back of his shoe shop. A noise interrupted his sleep and he rose to investigate. Outside, he was greeted by two white men, one holding a can of gasoline, the other a single-barrel shotgun.
Morris was forced back inside the store. One of the men struck a match and Morris’ shoe shop on Fourth Street, now known as E.E. Wallace Blvd., was soon ablaze as the flammable chemicals of his trade kept inside Morris’ business quickly ignited.
In the back of the shoe shop, Morris’ employee heard the commotion. He aroused Morris’ sleeping 11-year-old grandson, and the two escaped out a back door, jumped a fence and ran to safety.
Before Morris emerged from the burning building, his clothes in flames, the two men jumped into a dark colored, late model sedan and fled town in the direction of Vidalia, possibly onward to Mississippi. A third man may have been involved as a getaway driver.
Four days later, Morris took his last breath in Room 101 at the Concordia Parish Hospital. He suffered a long, agonizing death with third degree burns over 100 percent of his body. A Baptist minister said he never saw a man so severely burned as Morris, who was blinded by the flames.
This evil is believed to have been the work of the Ku Klux Klan although Frank Morris was not known to be involved in civil rights in Ferriday, a circumstance that adds mystery to his murder. As one local minister said in 1965, “The only type of society which the KKK desires to preserve is a society of hatred and of the devil himself.”
The FBI investigated Morris’ death but made no arrests. In the 1960s, the FBI was overwhelmed as the Klan terrorized the South. Scores were killed.
§ Posted by Benjamin T. Greenberg on June 25, 2009 at 2:24 pm
In doing my work on racial violence in Southwest Mississippi in the 1950s and 1960s, it is exciting to get to know some of the other people doing similar work.
Syracuse University College of Law Professors Janice McDonald and Paula C. Johnson direct the Cold Case Justice Initiative, which has been playing a role in the investigation of the December 10, 1964 murder of Frank Morris in Ferriday, La.
I’ve therefore been having some interesting conversations with Professor McDonald, who sent me the promotional postcard for the CCJI. The front of the postcard, displayed above, says that the CCJI is:
A interdisciplinary project that engages Syracuse University College of Law faculty and students to seek justice for racially motivated murders during the Civil Rights era on behalf of the victims, their families, local communities, and society at large.
No Longer Forgotten: Frank Morris (in visor) December 10, 1964, Ferriday, Louisiana. Photo courtesy of Concordia Sentinel, Ferriday, La.
The Cold Case Justice Initiative (CCJI) was founded in response to the 1964 Ferriday, La. murder of shoe shop owner Frank Morris, which remains unsolved. Forty-four years ago, two suspected Klan members forced Mr. Morris into his shoe repair shop at gunpoint and set the store on fire. Morris died four days later of his severe burns.
The back of the postcard (not pictured here) elaborates:
Law students, under the supervision of Professors Paula C. Johnson and Janis L. McDonald, researched thousands of documents and worked with local investigative reporters which led to witnesses providing new information, to the appointment of a special agent by the FBI, and to a pledge by the U.S. attorney for a full review of the case. The students efforts ignited law enforcement investigation of additional deaths long suspected by the community to be racially motivated and committed by the Klan. Professors Johnson and McDonald developed the course, “Investigating and Reopening Unsolved Civil Rights Era Murders,” first offered during the 2007-2008 academic year. This interdisciplinary course introduces students to civil rights history, civil rights law, criminal procedure, evidence, advocacy skills, and global human rights in the context of investigating specifically assigned civil rights era murder cases in the Southeastern U.S. Overall, the course emphasizes this work as part of the social and professional responsibility of lawyers, legal educators, and law students. This ongoing project will insist on vigilant attention to these long unresolved racially motivated killings and continuing issues of racial justice. For more information visit http://coldcaselaw.syr.edu
Last Sunday, the New York Times reported that among hundreds of recently declassified intelligence documents from the 1950s was a 1950 proposal by former FBI Director J. Edgar Hoover
to suspend habeas corpus and imprison some 12,000 Americans he suspected of disloyalty….
Hoover wanted President Harry S. Truman to proclaim the mass arrests necessary to “protect the country against treason, espionage and sabotage.” The F.B.I would “apprehend all individuals potentially dangerous” to national security, Hoover’s proposal said. The arrests would be carried out under “a master warrant attached to a list of names” provided by the bureau.
“In order to make effective these apprehensions, the proclamation suspends the Writ of Habeas Corpus,” it said.
The revelation was noted briefly by a couple of majorblogs and discussed at some length by smintheus at DailyKos. All have been quick to note the parallels between Hoover’s attempt to suspend Habeas Corpus and the current travails of our fair and essential writ. Both the NY Times and smintheus emphasize that there is no evidence Hoover’s plan was approved.
Smintheus argues that horrible though it was that Truman created loyalty boards, it was to preempt
something even more abusive of civil liberties. Truman also feared that something truly evil might be stirred up by Hoover, whom he loathed. Truman told Clark Clifford on May 2, 1947 that he “wants to be sure and hold FBI down, afraid of ‘Gestapo’”. Truman believed, rightly I think, that Hoover had assembled enough dirt on members of Congress that they would give in to almost any of Hoover’s demands. In fact within hours of taking the oath of office in 1945, the President had his eye on the manipulative Hoover (Hoover had sent over to the White House a young FBI agent from Truman’s home town, to chat the new President up).
So the background to this notorious decision from 1947 illustrates that Truman, far from indifferent to the Bill of Rights, instead believed that he was fighting as best he could on its behalf. His profound skepticism of the FBI Director was both a personal as well as a politically savvy judgment. For all his faults (including cronyism, occasional ineptitude, stubbornness), Truman was at least a very sharp, self-reflective, and principled man. Such a person has the potential to rise above his times.
The impression one gets from reading the Times and smintheus is that though those were dark times, we averted something potentially much worse, in no small part because of Truman’s leadership.
Smintheus may be correct about Truman’s motive and strategy, but I don’t think halting mass detentions actually ameliorates the dangerousness of Hoover’s activities. Then and now, the news that the mass detentions did not occur is something of a red herring.
Actually, Hoover’s proposed suspension of Habeas Corpus and mass detentions is not news. The document reported on in the NY Times is new, but the plans have been known since The Church Committee’s famous 1976 Congressional report on “Intelligence Activities and the Rights of Americans.”
Mass detentions—as well as illegal surveillance practices by the NSA—should be vigorously opposed, of course. But the fundamental problem is data mining as an approach to intelligence. Data mining is the basis for mass detentions and the emphasis on data mining as a method leads to illegal surveillance activities.
Exciting developments in the notorious case of the 1964 murders of the three civil rights workers, James Chaney, Michael Schwerner and Andrew Goodman. Jerry Mitchell reports in the Clarion Ledger:
Authorities should reopen the Klan’s 1964 killings of three civil rights workers because of newly discovered evidence, family members say.
“Without a doubt,” said Ben Chaney of New York City, a Meridian native whose brother was among those slain. “There is enough to warrant the state attorney general to reopen the case and begin to pursue other people who committed this crime.”
Six people are still alive who have been accused of playing a part in the June 21, 1964, killings of James Chaney, Michael Schwerner and Andrew Goodman, which led to a massive FBI investigation code-named Mississippi Burning. The probe later was depicted in the 1988 fictional film of the same name.
The Clarion-Ledger has found three potential new witnesses in the case, including a former FBI agent who said reputed Klansman Billy Wayne Posey admitted he was a guard for the Klan’s killing party.
Upon hearing about the possible testimony, Ben Chaney said he believed this was enough evidence to put the case in front of a grand jury again, particularly since the 2005 Neshoba County grand jury came within one vote of indicting Posey.
He encouraged Attorney General Jim Hood to ask for the FBI’s help in investigating the case. “By doing so, I think he can get indictments against the people who are still alive,” he said.
Authorities say they’re interested in what the newspaper has found.
“Any new evidence we will certainly follow it up,” said Hood, whose office investigated the case, leading to the 2005 conviction of Klan leader Edgar Ray Killen, now serving 60 years in prison for manslaughter.
The Clarion Ledger has also published several related article today:
I am on deadline for an article on another Civil Rights Era murder case in Mississippi and do not have time to comment on this development just yet. See my past coverage of the Neshoba Murders case (aka Mississippi Burning) for more background.
§ Posted by Benjamin T. Greenberg on December 2, 2007 at 12:02 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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