Orders to Kill
Page 52
Now it may be too late. The corporate elite, their lawyers and bankers, as well as their assets in government who have led us into the abyss may quite simply be too strong to dislodge, too powerful to unseat, at least in our lifetimes. We now appreciate as never before the power of the “establishment.”
James Madison’s worst fears appear to have been realized. He, the Republic’s fourth President, the father of the Bill of Rights and the Constitution itself, warned about the very danger which has consumed our representative democracy. He noted that when any faction becomes so powerful, beyond its legitimate numerical presence, that it can dominate the branches of government and the political parties, so that dissent is suppressed, then tyranny will thrive. The system of government which results is a democracy in name only.
Under the Constitution of the United States, Madison and his founding colleagues attempted to provide for the problem by establishing a structure of government with a separation of powers, so that theoretically the executive, legislative, and judicial branches may each act as a check on the others.
What was not envisioned, however, was that an increasingly powerful corporate elite would develop which would not only formulate and act upon common policies, values, and goals, but also lend its senior representatives to government service. The power and influence of this corporate faction extends across all branches of government into virtually every agency and department. Governmental policies and activities in the service of these powerful private economic interests have, where those interests required, continually lied, and deceived the people as to the true state of events at home and abroad. Thus, the enormous power and wealth of the government has been used for purposes and ends which all too often have been directly contrary to the interests of the masses of Americans.
With all of this history laid bare and the details of the abuse of power clearly revealed, the inevitable conclusion will still be very difficult for many Americans to accept. Representative democracy, as practiced in the United States, has failed.
I believe that the revival of democracy in America can only be accomplished by the people taking actual control over their public affairs. Time and again, I have been impressed with the ability of juries comprised of ordinary people provided with a full presentation of the facts to thoughtfully administer justice. I remain confident that if provided with all of the facts the people are still democracy’s best hope.
By 1995, however, a significant obstacle exists in the fact that the public information put out on sensitive issues is rarely complete, balanced, and comprehensive. It is usually skewed in order to obtain the desired public response. This must be addressed. It goes without saying that control of the major media companies by multinational conglomerates will never ensure the objectivity required to enable the citizens to make informed decisions.
This was a problem which faced Dr. King daily between 1965–68 as he argued for the commitment of the nation’s wealth to the alleviation of misery at home rather than the infliction of barbarism abroad.
Dr. King is gone forever. He can never be brought back to us, however much the memory of his quest for justice lives on. James Earl Ray will remain in prison unless the outrage of ordinary people reaches such a crescendo that he is at last either given the trial denied to him for twenty-six years or, based upon all that we now know, he is offered a pardon or clemency. Until that day, justice will continue to be denied in this case.
As for the cancer afflicting the body politic and democracy in America, only the people in their millions can affect a cure. Rather than mourning the passing of liberty I hope they begin to organize its rebirth.
APPENDIX
CHART 7
CHART 8
CHART 9
CHART 10
NOTES
1 David J. Garrow, Bearing the Cross (New York: Vintage Books, 1988). p. 543.
2 Ibid. p. 545.
3 FBI Memorandum Report from Cartha DeLoach to Mr Mohr dated November 27, 1964.
4 Joan Turner Beifuss, At the River I Stand (Memphis, TN.: St. Lukes Press, 1990) pp. 382–383.
5 Gerold Frank, An American Death (New York: Doubleday & Company, Inc., 1972) p. 172. 6 UPI April 24, 1968.
6 UPI April 24, 1968.
7 Drew Pearson/Jack Anderson, The Washington Post, July 22, 1968.
8 Gerold Frank, op. cit.
9 FBI letter from Cartha DeLoach to Clyde Tolson dated March 11, 1969.
10 Addendum to letter from DeLoach to Tolson
dated March 12, 1969.
11 George McMillan, The Making of an Assassin (Boston: Little, Brown, 1976).
12 William Bradford Huie, He Slew the Dreamer (Nashville: Thomas Nelson Inc. Publishers, 1968).
13 Harold Weisberg, Frame-Up (New York: Outerbridge & Dienstfrey 1971).
14 Mark Lane/Dick Gregory, Code Name “Zorro” (Englewood-Cliffs, N.J.: Prentice-Hall Inc. 1977.
15 George McMillan, op. cit.
16 St. Louis Post-Dispatch, January 20, 1976.
17 Affidavit of G. Robert Blakey, Rancho La Costa, Inc. et al. v. Penthouse International Ltd. et al.
18 Penthouse magazine March 1975.
19 Blakey affidavit, op. cit.
20 Jim Hougan, Spooks (New York: William Morrow & Co. Inc. 1978) pp. 533–534.
21 Thomas Plate, Andrea Darvi, Secret Police (London: Robert Hale 1982) p. 294.
22 Memorandum 15 March 1968 from Acting Director of Security to Deputy Director for Support.
23 David Wise, Thomas B. Ross, The Espionage Establishment (New York: Random House, 1967) p. 143.
24 David Wise, Thomas B. Ross, op. cit.
25 David Wise, Thomas B. Ross, op. cit. pp. 143–160.
26 Morton Mintz, Jerry S. Cohen, Power, Inc. (New York: Viking Press, 1976) p. 283.
27 U.S. Department of Justice, Report of the Justice Department Task Force to Review FBI Martin Luther King Jr., Security and Assassination Investigations, Washington, D.C., January 11, 1977.
28 U.S. Senate Committee on the Judiciary, FBI Statutory Charter—Appendix to Hearings Before the Subcommittee on Administrative Practice and Procedure Part 3, 95th Cong. 2d Sess. U.S. Court Print pp. 33–75.
29 HSCA Report Vol VI p. 138, MLK Exhibit F-436D.
30 Memo to A. E. Belmont from W.C. Sullivan December 24, 1963.
31 Ibid.
32 Memo to W. C. Sullivan from C. D. Brennan 4/18/68.
33 Memo to W. C. Sullivan from C. D. Brennan 12/15/68.
34 File Memo June 23, 1966 to Atlanta S.A.C. Joseph K. Ponder.
35 Memos to W. C. Sullivan from G. C. Moore 12/13/67 and 12/29/67; Memo to Attorney General Clark 1/2/68 and his response 1/3/68.
36 HSCA Report Vol. VI, p. 67.
37 The details of these contacts are set out in a series of Memoranda from F.J. Baumgardner to W. C. Sullivan dated: 11/10/64, 12/6/64, 2/1/64, 3/2/65, 4/23/65, 5/24/65, and 8/14/65.
38 New York Times, November 19, 1964.
39 Memorandum from Baumgardner to William Sullivan November 3, 1966.
40 Memorandum from Robert Wick to Cartha DeLoach November 9, 1966.
41 Memorandum from Charles Brennan to William Sullivan March 8, 1967.
42 Philip Melanson, The Martin Luther King Assassination (New York: Shapolsky Publishers 1991) p. 132.
43 Memorandum from SAC Chicago to Director FBI June 1, 1967.
44 Melanson, op. cit. p. 132.
45 Memorandum from George Moore to William Sullivan October 25, 1967.
46 Memorandum from George Moore to William Sullivan March 26, 1968.
47 HSCA Report Vol. IV p. 200.
48 Memoranda from Milton Jones to Thomas Bishop 3/18/69.
49 Jack Anderson and Les Whitten, The Washington Post 12/17/75.
50 Memos F. J. Baumgardner to W. C. Sullivan dated 9/8/64 and 9/17/64.
51 HSCA Final Report p. 573.
52 Curt Gentry, J. Edgar Hoover, The Man and the Secrets (New York: W. W. Norton & Company 1991) p. 572.
5
3 HSCA Report Vol. VI p. 125.
54 HSCA Final Report p. 377.
55 HSCA Final Report p. 376.
56 Melanson, op. cit. p. 73.
57 Garrow, op. cit. p. 468
58 Deposition of Percy Foreman April 3, 1974, in case of James Earl Ray v. Jimmy H. Rose No. C-74-166, United States District Court, Western District of Tennessee, Western Division p. 154.
59 Ibid. p. 167.
60 Ibid p. 182.
61 HSCA Final Report pp. 548–549.
62 HSCA Final Report p. 547 (footnote).
63 HSCA Report Vol. VIII p. 608.
64 HSCA Final Report p. 555.
65 Douglas Valentine, The Phoenix Program, (New York: William Morrow and Company, 1990) p. 338.
66 I Am A Man (Memphis, TN: Memphis Publishing Company, 1993) p. 104.
67 HSCA Vol. I p. 77.
68 Douglas Valentine, The Phoenix Program, op. cit.
69 James Bamford, The Puzzle Palace, (New York: Penguin Books USA, 1983) p. 321
70 Ibid. p. 317
71 Ibid. p. 321
72 Ibid. p. 321
ACKNOWLEDGMENTS
DURING THE PERIOD OF eighteen years my work on this case has benefited from the assistance of a large number of people to whom I am grateful. Though it is not possible to mention everyone individually, the contributions and sacrifices of some particular individuals have been so significant that they must be recorded.
I wish to acknowledge the courage of John McFerren, “Cheryl” and “Bob,” Betty Spates, Louie Ward, Nathan Whitlock, Clifton Baird, Art Murtagh, Bill Turner, Daniel Ellsberg, and William Sartor, as well as my Tennessee associate counsel Wayne Chastain. Each has demonstrated, often under great pressure, the fortitude necessary to try to right the twenty-six year old wrong which both deprived the nation of the unique leadership skills and vision of Martin Luther King and sent an innocent man to prison.
Credit and appreciation is also extended to a number of local law enforcement and intelligence officials who have disclosed pieces of the story or otherwise assisted. This list includes present and former Memphis Police Department officers such as Tommy Smith, Barry Neal Linville, Jim Nichols, Ed Atkinson, Ed Redditt, Jerry Williams, Joe Hodges, Emmett Douglass, and Alex McCollum. A special note of thanks is owed to former MPD officer Jim Smith who told the truth and suffered professional harassment as a result. Too, there was former Memphis Deputy Director of Public Works Maynard Stiles and former Fire Department officers whose contributions were significant including William King, Charles Stone, Floyd Newsom, Chief Norvell Wallace and Lieutenant George Loenneke.
Many people from all walks of life were willing to share what they knew about the case and/or provided an essential base of grass roots support and encouragement. I am particularly grateful to Sid Carthew whose conscience compelled him to take great pains to search me out and Ray Kohlman who gave unstintingly of his time. Among others I am grateful to: James McCraw, Peggy and Charles Hurley, William Ross, Ernestine Campbell, John “Bill” McAfee, John Fisher, “Tango,” Tommy Wright, Jerry Little, Hazel Sweeney, Kay Black and the Invaders, particularly Charles Cabbage, Big John Smith, Izzy Harrington, Dr. Coby Smith and Abdul Yawee.
A number of former friends and associates of Dr. King have provided invaluable assistance. It was with Ralph Abernathy that I initially met and interrogated James Earl Ray, and through the years the Reverend Jim Lawson has been a constant pillar of strength and support. Jim’s integrity and capacity for love is unmatched in my experience. In his unswerving commitment to the legacy of Dr. King, the Reverend Hosea Williams has been a constant reminder to me of what this is all about. Whenever needed he has been there, occasionally in great physical pain. The Reverend James Orange is another who has gone out of his way to try to tell what he saw at the time of the killing.
The considerable previous research and investigative efforts particularly of Harold Weisberg as well as Mark Lane have provided an essential foundation for my own work.
More recently, the work of English television producer John Edginton and author Philip Melanson have kept some significant issues alive. English reporters Andrew Billen of the London Observer who broke a key aspect of the story and Oonagh Blackman of the London Sunday Express have demonstrated a degree of interest and independence rarely seen in the American press. Other researchers and authors whose work has occasionally overlapped with my own have been a welcome source of information and general encouragement. Among others are Anthony Summers, Jim Hougan, Colonel Fletcher Prouty USAF ret., James Bamford, Peter Dale Scott, Dan Moldea, Douglas Valentine and Dick Russell.
Home Box Office and Thames Television provided James with his only trial up to the present time. This effort (and my work generally) was greatly facilitated by the Tennessee Department of Corrections Deputy Director Mike Dutton who was previously warden of Riverbend Penitentiary where James is incarcerated, and Mary Dennis the Warden’s assistant. Memphis attorney April Ferguson, who has had a long standing interest in the case, assisted as co-counsel.
Previous lawyers of James Earl Ray, Arthur Hanes Sr., his son Judge Art Hanes Jr., Jack Kershaw and Jim Lesar were gracious with their time and information.
I reserve a special note of thanks for former Memphis journalist Steve Tompkins, whose earlier work opened the door to the most sensitive, deeply hidden area of my investigation. For me Steve epitomizes the very best of a dying breed in America—the investigative journalist who is only restricted in the pursuit of the truth by his conscience.
I am also indebted to and wish to acknowledge the contributions of a number of other serving and former military officers, intelligence and other government officials who must remain anonymous but without whose courage the full story could not have been told.
This book would not have been written in its present form without the herculean efforts of my assistant for the last nine years, Jean Hazel Obray. Her singleminded, unselfish dedication to the defense of James Earl Ray, the investigation of the case and the completion of the book has been matched by her creative contributions and insights into people and events. Where my performance has been lacking in any respect she has enhanced it and where it has been good she has pushed for excellence.
To her goes my heartfelt gratitude.
1. Napalm bombing and burning of innocent civilians in Vietnam moved Dr. King to become unconditionally opposed to the war.
(Photo by the author)
2. The author and Dr. King conversing before the keynote address at the 1967 NCNP national convention.
(Photo by Ben Fernandez)
3. The platform at the opening of the NCNP convention—Dick Gregory, Dr. Benjamin Spock, the Reverend Ralph Abernathy, the author, and Dr. Martin Luther King, Jr.
(Photo by Ben Fernandez)
4. The Reverend James Lawson in 1989—Dr. King’s closest and most trusted colleague in Memphis in 1968.
(Photo by David Barker)
5. Dr. Benjamin Spock and the author in Memphis for the Memorial March after the assassination of Dr. King. (Memphis State University Collection)
6. South Main Street in front of Jim’s Grill, the rooming house, and Canipe Amusement Company. (UPI/Bettman)
7. Attorney Wayne Chastain in 1995—now author’s co-counsel in Memphis. Chastain was a reporter in 1968 and one of the first people on the scene.
(Photo by the author)
8. Solomon Jones, Dr. King’s driver in Memphis, quoted as having seen someone in the bushes at the time of the shooting and also as having observed a man come down over the wall.
(Photo by the author)
9. John McFerren in 1995—a local businessman who just over an hour before the killing heard Memphis produce dealer Frank C. Liberto talking on the telephone and ordering someone to “…shoot the son of a bitch when he comes on the balcony.”
(Photo by the author)
10. James McCraw in 1995, the Yellow Cab driver who minutes before the shooting saw the bathroom empty and State’s chief witness Char
lie Stephens drunk, and who was shown the murder weapon by Loyd Jowers. (Photo by the author)
11. The “throwdown” gun bought by James Earl Ray and found in a bundle dropped in a doorway on South Main Street, alleged by the State to be the murder weapon.
(Memphis Police Department Evidence Files)
12. The area behind the rooming house and Jim’s Grill, after the cutting of the brush and showing both wings of the rooming house with the alleyway in between.
(Memphis Police Department Evidence Files)
13. View from the balcony of the Lorraine where Dr. King was standing when he was shot, looking across Mulberry Street to the area behind the rooming house and Jim’s Grill. Note the eight foot retaining wall with a large tree branch hanging over the edge.
(Memphis Police Department Evidence Files)
14. Frank Holloman circa 1968, Director of Memphis Police and Fire Departments in 1967-68.
(Memphis State University Collection)
15. The death slug in three fragments, taken in 1992.
(Author collection)
16. Autopsy photograph where the death slug is plainly visible just beneath the skin under Dr. King’s left shoulder blade. (Memphis Police Department Evidence Files)
17. James Earl Ray and the author preparing for the television trial in a counsel’s interview room at the Riverbend Maximum Security Prison.
(Photo by Jean Obray)
18. Frank C. Liberto, Memphis produce dealer initially implicated in the assassination by John McFerren. Photo taken in 1978 in Lavada Whitlock’s restaurant which Liberto frequented on a daily basis.
(Courtesy of Sunday Express)
19. Nathan Whitlock, to whom Memphis produce dealer Frank C. Liberto admitted involvement in the assassination.
(Courtesy of Nathan Whitlock)