Booman Tribune

Roll that Klan Hero into the Slammer

by Meteor Blades
Wed Jun 22nd, 2005 at 03:14:35 AM EST

[promoted by BooMan]

If Edgar Ray Killen gets the maximum sentence, he'll be 100 when he leaves prison. Partway to justice, I suppose. Any time behind bars for an octogenarian is bound to be hard time, though I would dearly have loved to see him on a chain gang. Thanks to a weak presentation by the prosecution, the jurors couldn't agree to nail the Ku Klux Klan "kleagle" for murdering James Chaney, Andrew Goodman and Mickey Schwerner 41 years ago. Manslaughter was the best they could do. Worse, no case was brought against four others involved in the slayings, so they still live free in Mississippi. I suppose they'll die free.

I was preparing to head to Jackson, Mississippi, that June day when the three went missing. As I have written here, I was one of the youngest of several hundred volunteers for Freedom Summer, the culmination of years of direct action to end American apartheid that included bus strikes, Freedom Rides, sit-ins, black attempts to enroll at publicly funded white universities and voter registration. Organized and trained by the Congress on Racial Equality and Student Non-Violent Coordinating Committee, our job was to register black voters in Mississippi, considered the toughest segregationist state to crack, a place where black civil rights workers had been routinely harassed, beaten, arrested, firebombed and murdered for years. When we heard the news of Goodman, Chaney and Schwerner's disappearance, we all knew they were dead. In spite of the pleas of some of our mothers, we went to Mississippi anyway.

In pairs, we went door-to-door, sometimes welcomed, sometimes chased off the porch, urging black men and women who had never voted to risk registering  and fulfil the 98-year-old promise of the Fifteenth Amendment. All of us were harassed and "warned," dozens of us were beaten, hundreds of us were arrested, many jailed. Three of us were murdered.

We weren't unique. Black Mississippians who tried to register voters got the same treatment. To cite just one example: together with a friend, the Rev. George Lee, a minister, grocer and printer, started a local chapter of the NAACP. He persuaded nearly 100 blacks to register. On May 7, 1955, Lee was driving home when someone shotgunned him from a passing car. The Humphreys County sheriff said Lee was killed in a traffic accident, and claimed the lead pellets in his face and head were probably dental fillings. The coroner ruled Lee had died from "unknown causes." No one was ever arrested in the case.

So it was no surprise that Edgar Ray and his 17 Klan pals smirked their way through much of proceedings when the feds tried them in 1967 for the murders of Goodman, Schwerner and Chaney. Why not? These men had already escaped prosecution by racists and cowards in state government, their jury was all-white, and William Harold Cox, the presiding judge in the federal case, was a segregationist through and through. He had dismissed the indictments against the 18, but the U.S. Supreme Court had ordered them reinstated. Cox owed his appointment on the bench to his friend and law school roommate, the powerful Senator James O. Eastland. President Kennedy sought to appoint Thurgood Marshall to the Supreme Court, and Eastland said to Robert Kennedy, "Tell your brother that if he will give me Harold Cox I will give him the nigger."

Part way through the trial, one of the defense attorneys, Laurel Weir asked a prosecution witness about one of the dead activists, Mickey Schwerner:  

"Now let me ask you if you and Mr. Schwerner didn't advocate and try to get young male Negroes to sign statements agreeing to rape a white woman a week during the hot summer of 1964?"  Cox's lips trembled.  He told Weir the question was "highly improper" unless the defense had "a good basis" for it.  He demanded to know what that basis might be.  "A note was passed to me by someone," answered Weir.  Cox persisted, "Well, who is the author of that question?"  A pause.  Herman Alford, one of the other defense attorneys, broke the embarrassing silence at the defense table.  "Brother Killen wrote the question, one of the defendants."  Edgar Ray Killen raised his hand.

While the question was a blunder that changed the tenor of the trial and may well have helped jurors convict seven of the defendants, they acquitted eight and deadlocked on three, including Killen, a Klan recruiter who the prosecution thought was the organizer of the slayings, even though he wasn't at the scene when the three were beaten, shot and buried in a berm. One juror said she couldn't vote to convict a preacher. No doubt Edgar Ray smirked at that, too.

Whatever the prosecution's failures in the current case, I didn't see him smirking after the jury convicted him Tuesday. He did, however, take a swipe at a reporter as he left the court house.  

Martin Luther King called Philadelphia, Mississippi, one of the worst racist cesspools he had ever visited, and he had spent time throughout the South. The legacy of the Klan's reign of terror still casts a shadow on Philadelphia. But without the efforts of two groups, the Philadelphia Coalition, a multi-racial organization of local citizens, and the congregation of Mt. Zion United Methodist Church, the Killen trial would never have come to pass, and they have partially redeemed their community. Mt Zion, which was burned at the orders of Killen after Chaney and Schwerner recruited it as a freedom school, has held a memorial service commemorating the sacrifice of the three men every year since they were murdered.  Fittingly, today through Friday, the coalition will join with other groups in Philadelphia, including UNESCO's Breaking the Silence project, to participate in the Chaney, Goodman, and Schwerner Living Memorial Civil Rights Education Summit.

Out of this trial and others like it since 1989 - including the that convicted Byron de la Beckwith, assassin of Medgar Evers - can come healing, as long as we remember that belated justice is only one step forward in closing our nation's racial divide four decades after the official death of Jim Crow.

Cross-posted at The Next Hurrah.



Display:
It is of my humble opinion, that you need to write much more about your past and let us see what it was like for you.  I really appreciate this article you wrote.  I really think may Americans of today have forgotten if they even knew of such happening.  Be our history books if you will and do us a huge favor in all of this very near past and educate from first-handed happenings.  Just a suggestion.  Thank you for everything..
by BrendaStewart (stormyweather1@hotmail.com) on Wed Jun 22nd, 2005 at 04:56:56 AM EST
you should visit this link from The Next Hurrah to see MB's columns.

And I wish MB would make available his columns from 2003-4 from Daily Kos in some easy to access format.

When the Blogging Hall of Fame is opened, MB will be selected on the first ballot.

by BooMan on Wed Jun 22nd, 2005 at 05:09:55 AM EST
[ Parent ]
Agreed, BooMan. A veritable shining light of the blog world.
by Chris Clarke (cclarke@faultline.org) on Wed Jun 22nd, 2005 at 07:11:18 AM EST
[ Parent ]
Some long, some short.

Those of us with the long ones need to lay it out.  

Thanks for doing that MB.

Good stuff.


Soldiers are required to do their jobs when politicians fail to do theirs

by leftvet on Wed Jun 22nd, 2005 at 05:36:45 AM EST
Yes, thanks for the diary and for sharing your personal experiences.    

Fear will keep the local systems in line. -Grand Moff Tarkin Survivor Left Blogistan
by boran2 (blogistan@yahoo.com) on Wed Jun 22nd, 2005 at 07:05:27 AM EST
God forgive me, but when I saw Killen with an oxygen tube  looking all toothless and feeble I felt not one twinge of sympathy for the bastard. I felt anger that it took this long for some shadow of justice to touch him.


Supposedly, Philiadelphia, Miss. is still a cesspool of racism. Thanks, MB, for sharing some of your experiences in the fight against racism all those years ago. I was a child back then but remember the outrage and the in your face racism rampant in the south. I remember visiting Tenessee in the 70's, when my best friend was attending UT in Knoxville. One store clerk's sunny demeanor changed as soon as I spoke to her... she heard the northern accent and threw my change on the floor. We were told not to wander off the beaten path with northern plates... we could get ourselves shot at or worse.


I've rarely gone back to the south since then. I've never been back to Tennessee... thanks, but no thanks. I for one will say a prayer of thanks that some small amount of justice will be served for Killen, I will pray for those poor souls who were so brutally murdered. I will not, ever, pray for Killen's soul... he's on his own.

In matters of style, swim with the current; in matters of principle, stand like a rock.- Thomas Jefferson
by Nag on Wed Jun 22nd, 2005 at 07:17:23 AM EST
...bit guilty, here is what Edgar Ray looked like in the summer of '64:



"We're trying to give the illusion of due diligence." --Bennett Holiday to Jimmy Pope in Syriana

by Meteor Blades (tleelange@hotmail.com) on Wed Jun 22nd, 2005 at 10:40:44 AM EST
[ Parent ]
an evil-looking killer. And yet he walked around
free for all these years.

------------------------------------
Hurrah for you MB you old warrior!

I wish I knew you then.

To thine own self be true. W.S.

by sybil on Wed Jun 22nd, 2005 at 11:26:41 AM EST
[ Parent ]
Be him now.

(Be the person of courage he was then, about issues now.)

by LookingUp on Sat Jun 25th, 2005 at 12:15:47 PM EST
[ Parent ]
What happened to the right of every citizen to a speedy trial, to freedom from double jeopardy, and safety from the re-trying of facts, as covered in the Fifth, Sixth and Seventh Amendments to the Constitution?
by asdf on Wed Jun 22nd, 2005 at 10:59:28 AM EST
Good question.  Here's  your answer:  it's not double jeopardy to charge Mr. Killen with a different crime arising from the same set of facts (the murder of the three young civil rights workers); in which case you can re-try the facts.  

Mr. Killen was tried for conspiracy in his 1967 trial; he was tried for murder in his 2005 trial.  There is no statute of limitations on murder (for good reason), and hence the Constitutional admonition for a "speedy trial" is not an issue here.

Double jeopardy is also not implicated for separate offenses or in separate jurisdictions arising from the same act. For example, in United States v. Felix (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=503&invol=378) (1992), the Supreme Court ruled: "a[n]...offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes." As another example, a state might try a defendant for murder, after which the federal government might try the same defendant for a federal crime (perhaps a civil rights violation or kidnapping) related to the same act. For example, the policemen who beat up black motorist Rodney King in 1991 were acquitted by a county court of the accusation of assault; some were sentenced in federal court for violating his civil rights. Similar techniques were used for prosecuting racially-motivated crimes in the Southern United States in the 1960s, which were not actively prosecuted nor convicted in local courts. Another example, Timothy McVeigh, was sentenced to death for murdering eight US federal employees with a bomb, but could also have been tried in state court for murdering the rest of those whom he killed in the same explosion.

http://en.wikipedia.org/wiki/Double_jeopardy#Exceptions_to_double_jeopardy



There are three types of people: those who see, those who see when shown, those who do not see.
by Shadowthief (Shadowthief1962@gmail.com) on Wed Jun 22nd, 2005 at 11:35:00 AM EST
[ Parent ]
I'm pretty angry about this.

Manslaughter?  It was murder.

Sure, at his age, any sentence is a good sentence, but a manslaughter conviction is not justice.

I fear our land goes backward rather than forward.

The Global Struggle against Violent Extremism Begins at Home!

by JLongs (jlongstreth@nofreakinspamcomcast.net) on Wed Jun 22nd, 2005 at 11:54:47 AM EST
There's no statute of limitations on evil and I felt not the slightest twinge of sympathy for this monster.  For that is exactly what prejudice taken to it's ultimate expression is-monstorous. There IS no gray area when it comes to prejudice/racism.

I remember reading 'Freedom Summer' and have saved that diary of your's MB...a very powerful essay and personal story and also not ashamed to say I cried while reading it. I also remember thinking when I read that, in my mind you became an instant hero to me and all the people who participated in Freedom Summer had my admiration and gratitude and thanks.

I certainly hope Killen gets the maximum sentence, gets assigned a tiny cell to deprive him of his freedom as he deprived so many with his murders and his vile  and evil racism.

As some others have said above I too wish you would write more here to remind people of this history of ours that is little talked about in the history books and newer generations have no real idea of what happened or how events happened. I'm sure many people even here are not aware of much of what happened and your first hand accounts would be so appreciated.

Your writing is very accessible which makes it all the more powerful.

'Poverty is the worst form of violence'--Gandhi

by chocolate ink on Wed Jun 22nd, 2005 at 02:59:35 PM EST
Great writing, MB. Thank you.

I wanted to see Killen in Parchman Prison as it was in 1964, a near ring of hell. I hope he is not segregated from the rest of the prison population, wherever he is put. I want him to be scared, day after day.

I'm a native of Mississippi, and I think Philadelphia has changed since 1964. Those three young men, present in many disturbed consciences, did much of that. The families of the judge, prosecutor, some jury members, etc. had ties to Killen, such that in 1964, people like them would never have convicted Killen of anything. Since the 1960s, the principals in that courtroom have grown up in a different world, even in Mississippi. Their own children will wonder why Killen and his minions were not dealt with sooner.

That Killen and others were not convicted of more serious charges of which they are certainly guilty, says how far they still have to go.

The grim pleasure that this man isn't going free is tempered by the large measure of racial prejudice that still exists in this country, mostly moving out of awareness, and not just in the South.

by Kidspeak on Sat Jun 25th, 2005 at 06:56:39 AM EST


Display:
Go to: [ Booman Tribune Homepage : Top of page : Top of comments ]
Menu
Login
. Make a new account
. Reset password





Find textbooks at Alibris!

NOTE: Overstock bests Amazon's prices and is "blue."

THE BOOKS WITH "BUZZ":
______________

Learn the real story behind the CIA's War on Terror:

The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals
by Jane Mayer

Read Barack Obama's vision for America:

The Audacity of Hope: Thoughts on Reclaiming the American Dream
by Barack Obama

DaveW recommends:

I Am a Strange Loop
by Douglas Hofstadter

Need some laughs?

I Am America (and So Can You!)
by Stephen Colbert

rae recommends:

Dark Ages America: The Final Phase of Empire
by Morris Berman.

On BooMan’s shelf:

Team of Rivals: The Political Genius of Abraham Lincoln
by Doris Kearns Goodwin

This looks interesting:

Adventure Divas
by Holly Morris

Here’s a good one from
Elizabeth Gilbert:

Eat Pray Love
by Elizabeth Gilbert

"Crash" * Best Motion Picture, Academy Awards * Only $11.79 at Overstock * 2006 SAG Winner, Best Ensemble

Check out
Powell's new section:
NEW FAVORITES

Selected new arrivals at 30% off

Recommended by Indianadem and ejmw:
The Conscience of a Liberal
by Paul Wellstone

From northcountry’s bookshelf:

The New Golden Age:
The Coming Revolution Against
Political Corruption and Economic Chaos
by Ravi Batra

A novel about contractors in Iraq from the woman that runs The Spy That Billed Me:

Outsourced: A Novel
from RJ Hillhouse.


SOTW-120x90
Download Sleeper Cell on iTunes (Better than "24") Download Weeds on iTunes (Hilarious 1/2-hour adult comedy starring Mary-Louise Parker) Download Late Nite with Conan O'Brien on iTunes
John Belushi - SNL
Download South Park on iTunes
Verve Vault

James Hunter - People Gonna Talk:
James Hunter - People Gonna Talk
icon


Great Deals
----- * ^ * -----

Find mystery novels by Nancy Pickard ("Kansas")



Challenging Empire: How People, Governments, and the UN Defy US Power by Phyllis Bennis (interviewed on DN!)


Featured by Keith Olbermann, New (Powell's Sale): Rogue State: A Guide to the World's Only Superpower by William Blum (whose other books merit serious consideration)


"Explosive" State of War: The Secret History of the CIA and the Bush Administration
by James Risen


The book the CIA doesn't want you to read: Jawbreaker: The Attack on Bin Laden and Al Qaeda: A Personal Account by the CIA's Key Field Commander
Larry Johnson's review


BT's all-time best seller:

PERMACULTURE:
A Designers' Manual

$79.95 * Sale: $59.95


Unequal Sisters: A Multicultural Reader in U.S. Women's History (Third Edition)


The Undercover Economist: Exposing Why the Rich Are Rich, the Poor Are Poor And Why You Can Never Buy a Decent Used Car!


The Worst Hard Time: The Untold Story of Those Who Survived the Great American Dust Bowl
by Timothy Egan


Green Press Initiative
----- * ^ * -----


Journalistas: 100 Years of the Best Writing and Reporting by Women Journalists by Eleanor Mills * NYT review


Bury Me Standing: the Gypsies & Their Journey


1491: New Revelations of the Americas before Columbus



Brokeback Mountain
by Annie Proulx
----- * ^ * -----
Check out Powell's
"At The Movies"


Imperial Ambitions: Conversations on the Post-9/11 World by Noam Chomsky (Power & Terror: Post 9-11 Talks)


The Price of Privilege:

How Parental Pressure and
Material Advantage Are Creating a Generation of
Disconnected and Unhappy Kids

by Madeline Levine


Save 35-70% on
name brand clothing,
footwear, and outdoor gear
at SierraTradingPost.com

:





We listened to PEN American Center's "State of Emergency" and found 1940s books by Curzio Malaparte only at Alibris. (Selection (MP3) excerpted from "The Skin.")

Alibris - Books You Thought You'd Never Find
Banned Books * Are you a fan of Film Noir, Art House, Documentaries or Hong Kong Action? * Searching for a long-lost children's book or a first printing of Miles Davis' Kind of Blue on vinyl? Find it at Alibris!

:
:
www.Patagonia.com


Listed on BlogShares

© 2009 Booman Tribune