ForbiddenKnowledgeTV
Alexandra Bruce
January 20, 2014

Here are excerpts of a sermon at the Ebenezer Baptist Church on April 30, 1967 by Martin Luther King, Jr. against the “triple evils of racism, economic exploitation, and militarism.”

We should have heard him then, and we should here him now.

Text of entire speech:

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In 1999, Coretta scott King won a civil suit, proving that Lloyd Jowers and the US government were involved in Martin Luther King’s assassination.

The powers that be control the media and made sure that the trial didn’t become the trial of the century!

William Pepper, lawyer for King Family is currently on tour for his book ‘An Act of State: The Assassination of Martin Luther King”

Below, is a Selection of the transcript of the King Family 1999 civil trial held in Shelby County, Tennessee—Coretta Scott King, et al. VS. Loyd Jowers, et al.

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IN THE CIRCUIT COURT OF SHELBY COUNTY,

TENNESSEE FOR THE THIRTIETH JUDICIAL

DISTRICT AT MEMPHIS

_______________________________________________

CORETTA SCOTT KING, et al,

Plaintiffs,

Vs. Case No. 97242

LOYD JOWERS, et al,

Defendants.

_______________________________________________

EXCERPT OF PROCEEDINGS

December 8th, 1999

_______________________________________________

Before the Honorable James E. Swearengen,

Division 4, judge presiding.

_______________________________________________

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD COURT REPORTERS
Suite 2200, One Commerce Square
21 Memphis, Tennessee 38103

APPEARANCES –

For the Plaintiff: DR. WILLIAM PEPPER
Attorney at Law
New York City, New York

For the Defendant:

MR. LEWIS GARRISON
attorney at Law
Memphis, Tennessee

Court Reported by:

MR. BRIAN F. DOMINSKI

Certificate of Merit
Registered Professional Reporter
Daniel, Dillinger, Dominski, Richberger & Weatherford 22nd Floor
One Commerce Square
Memphis, Tennessee 38103

PROCEEDINGS

(9:50 A.M.)

(Jury in.)

THE COURT: Good morning, ladies and gentlemen. We’ve got two more depositions that we’re going to — no. As I promised you, we’re going into the arguments of counsel, and then you’ll get your instructions.

As I indicated to you earlier, the plaintiff would give his summary first. The defendant then would give his version, and then the plaintiff is allowed an opportunity to respond to the defendant’s arguments.

Mr. Pepper, you may proceed.

MR. PEPPER: Thank you, Your Honor. Good morning, ladies and gentlemen. Let me right at the out set thank you for your attention throughout these proceedings, long and sometimes tedious though they may have been. We’re very grateful for your sitting here and listening to the variety of evidence that you have heard.

Your Honor will charge you on the various aspects of evidence that you heard. You know you’ve heard a great deal of testimony here. You also have available to you a great number of exhibits that are attached to the testimony that you have heard.

We urge you to at any point require these exhibits to be brought to you so that you can read them and consider them at length. All the testimony, the various levels of credibility that you describe, his Honor will charge you with that, but it is really down to you at the end of the day as to how much you believe the various people who sat in that chair there and who told you things.

The media is very quick and prompt to say and yell out that such and such is hearsay, second-hand accounts, third-hand accounts. But the media is unable to tell you, ever course, what the law is with respect to hearsay evidence.

They think because something is hearsay, a person is saying what another person has said, that it is not to be regarded, it is to be dismissed. In actual fact, ladies and gentlemen, if a witness is giving you hearsay but the hearsay statement is from a person who is speaking against his own interest, saying something that could put him in jail in the case of the defendant here, could have him indicted, then that is to be taken very seriously. It is admissible because of that exception. There are a range of other exceptions why you can consider hearsay.

Now, it is my job, my role here this morning, to summarize the plaintiffs’ case. It is a case that is divided really into nine sections. In the course of presenting that case to you, we’ve taken witnesses out of order simply because they have come from various parts of the country and the world.

We’ve had problems with schedules. So at one time you would hear a witness talking to you about a rifle, a murder weapon in evidence, then another time you would hear a witness talking about a crime scene, and we had already gone over that. So it is difficult for you sometimes perhaps to put all those pieces together in an orderly fashion. That’s really what I have to do. I have to try to do that. I have to set it out so that you can see how this case folds together. I’m going to try to work with you on that this morning and try to help you understand it as best I can. Plaintiffs’ case began with a section that dealt with the background, the background of all of this, why you are here, why Martin King was assassinated, why he came to Memphis before he was assassinated. So it dealt with the background.

Then we moved with a second area concerned which was local conspiracy we called it, what was happening here in Memphis, what events were going on that constituted conspiracy, legally civil conspiracy under the law. Because that’s really what we are asking you to find is that there was a conspiracy here.

Thirdly, we dealt with the crime scene. What was this crime scene all about. Where was the crime scene? What happened there?

Fourthly, we went into the rifle. This is the murder weapon. We discussed the murder weapon and asked you to consider all the evidence with respect to the murder weapon. We move next to a shadowy figure called Raoul. Who is this man who was claimed to have been James Earl Ray’s controller and the role that he played in this case?

Then we move beyond that to what we have called a broader conspiracy beyond Memphis that reached into the higher levels of the government of the United States and some of its agents and officials. We moved through that with you. We went beyond that, then, into really what amounts to a cover up. What was the cover-up activity and why was it important and why have these events been shielded from public view so that only you, you twelve, fourteen, here day after day, and his Honor, alone perhaps in this broad land, have heard this evidence.

How could that be, a case as important as this? How could that be? But it has been the case. Then we considered the defendant’s admissions, the defendant — the named defendant in this case, his actual admissions, against his own interest and what is in evidence with respect to that.

We moved lastly really to the area of damages. And there was a fair amount of testimony on damages from the members of the family with respect to what they were looking for and what their perspective was in terms of any kind of remuneration for the loss that they have suffered.

So that’s the outline. Now let’s look at each of those sections, if we can.

First the background. Martin King, as you know, for many years was a Baptist preacher in the southern part of this country, and he was thrust into leadership of the civil rights movement at a historic moment in the civil rights movement and social change movement in this part of the country. That’s where he was. That’s where he has been locked in time, locked in a media image, locked as an icon in the brains of the people of this country.

But Martin King had moved well beyond that. When he was awarded the Noble Peace Prize he became in the mid-1960′s an international figure, a person of serious stature whose voice, his opinions, on other issues than just the plight of black people in the South became very significant world-wide. He commanded world-wide attention as few had before him. As a successor, if you will, to Mahatmas Gandhi in terms of the movement for social change through civil disobedience. So that’s where he was moving. Then in 1967, April 4, 1967, one year to the day before he was killed, he delivered the momentous speech at Riverside Church in New York where he opposed the war.

Now, he thought carefully about this war. He had been inclined to oppose it for quite a long period of time. Prior to that, two, three years prior to that he had uneasy feelings.

I remember vividly, I was a journalist in Vietnam, when I came back he asked to meet with me, and when I opened my files to him, which were devastating in terms of the effects upon the civilian population of that country, he unashamedly wept.

I knew at that point really that the die was cast. This was in February of 1967. He was definitely going to oppose that war with every strength, every fiber in his body. And he did so. He opposed it. And from the date of the Riverside speech to the date he was killed, he never wavered in that opposition. Now, what does that mean? Is he an enemy of the State? The State regarded him as an enemy because he opposed it. But what does it really mean, his opposition? I put it to you that his opposition to that war had little to do with ideology, with capitalism, with democracy. It had to do with money. It had to do with huge amounts of money that that war was generating to large multinational corporations that were based in the United States, corporations that were based in the United States.

When Martin King opposed the war, when he rallied people to oppose the war, he was threatening the bottom lines of some of the largest defense contractors in this country. This was about money. When he threatened to bring that war to a close through massive popular opposition, he was threatening the bottom lines of some of the largest construction companies, one of which was in the State of Texas, that patronized the Presidency of Lyndon Johnson and had the major construction contracts at Cam Ran Bay in Vietnam. This is what Martin King was challenging. He was challenging the weapons industry, the hardware, the armament industries, that all would lose as a result of the end of the war.

Forget about democracy, forget about any ideology. This opposition to Martin King, this growing enmity to him, was based on money and the loss of money. The second aspect of his work that also dealt with money that caused a great deal of consternation in the circles of power in this land had to do with his commitment to take a massive group of people to Washington and there to encamp them in the shadow of the Washington memorial for as long as it took. For as long as it took, they would make daily trips to the halls of Congress and they would try to compel the Congress to act, as they had previously acted in terms of civil rights legislation, now to act in terms of social legislation.

Now, he begin to talk about a redistribution of wealth, in this the wealthiest country in the world that had such a large group of poor people, of people living then and now, by the way, in poverty.

That problem had to be addressed. And it wasn’t a black-and-white problem. This was a problem that dealt with Hispanics, and it dealt with poor whites as well. That is what he was taking on. That’s what he was challenging.

The powers in this land believed he would not be successful. Why did they believe that? They believed that because they knew that the decision-making processes in the United States had by that point in time, and today it is much worse in my view, but by that point in time had so consolidated power that they were the representatives, the foot soldiers, of the economic — the very economic interests who were going to suffer as a result of these times of changes. So the very powerful lobbying forces that put their people in the halls of Congress and indeed in the White House itself and controlled them, paid and bought them and controlled them, were certainly not going to agree to the type of social legislation that Martin King and his mass of humanity were going to require.

So there was a fear. What happens when they are frustrated? What happens when they don’t get any satisfaction? What would happen? They feared, the military feared, that there would be a violent rebellion in the nation’s capital. And they didn’t have the troops that could contain half a million angry poor alienated Americans. They didn’t have the troops. Westmoreland wanted another two hundred thousand in Vietnam. They didn’t have them to give to him. They didn’t have them. They were afraid that mob would overrun the capital. They were afraid that what Mr. Jefferson had urged many, many times, that the body politic can only be cleansed by a revolution every twenty years.

They were afraid that Mr. Jefferson would be listened to and that that revolution would take place. Because of that, those factors, Martin King was not going to be allowed, not going to be allowed to bring that group of people to Washington. So that’s the reason for the hostility. He saw Memphis as part and parcel of the overall problem, as a microcosm. He saw the plight of the garbage workers here as being symptomatic of the pervasive sickness of American society.

So he said if we turn our backs on these ones, how can we go on behalf of the broad national interests? These ones need us now, let’s start the Poor People’s Campaign here, which is what he did.

So he came to Memphis and he was here on the 17th and 18th of March and he spoke and he returned again on the 28th of March and the march turned nasty. Indications are there that there were provocateurs, that it was broken up deliberately, that he was discredited because of that, and he had to then return. And so he did plan to come back. There was opposition within his own organization. But he said, no, we’re going to do this and we’re going to lead a peaceful march and this is the way we’re going to launch this campaign, and so he came back to Memphis. After the 28th he came back on the 3rd of April.

Now we move to the local conspiracy that related to the death of Martin Luther King. You’ve heard evidence of a very reputable forty-year-in-business store owner sit up there and tell you that he always bought — every Thursday he went to Frank Liberto’s warehouse, that was his last stop before he went back to Somerville, and on that Thursday, April 4, he heard the owner of that place take the telephone and scream into it, “Shoot the son-of-a-bitch when he comes on the balcony,” amongst other things. That is the first indication of the involvement of a Mr. Frank Liberto, which information was given to the police and the FBI and forgotten about.

Then you’ve heard two other independent witnesses testify at different ends of the trial, one called as a witness by the defense, Mrs. Lavada Addison, who had this conversation with Mr. Liberto in her cafe when Liberto leaned over the table at a time when the Select Committee hearings were on, apparently something came on the television, and whispered to Mrs. Addison, “I arranged have Martin Luther King killed.”

She jumped back and was shocked by this. So. Liberto puts himself in it against his own interest, mind you. He has said that. You are entitled to believe that. Then comes Mrs. Lavada Addison’s son Nathan, who confronts Liberto, and Liberto again confirms the same thing to him. So we see now Mr. Frank Liberto’s involvement in this whole scenario.

Then we have from the defendant himself in sessions that are before you and you’ve heard testimony from Ambassador Young and Mr. King about how he was approached and he was asked to assist or become involved in this assassination again by Mr. Liberto and how he was told that he would be visited by a man called Raoul, he would first receive some money, be visited by a man called Raoul, he would pass the money to Raoul, he would receive a gun, that he was be asked to participate in this endeavor and he should not worry because there would be no police around, the police would not be there.

We’ve heard him say that in fact he did these things and that he received the gun after the shooting. He said he received the gun right at his back door. That’s as far as he went in his admissions. Of course, he also said he didn’t know what was going on. Neither Ambassador Young nor Mr. King believed him in that respect, that he didn’t know what was going on.

Now, why would anyone say this? Is this something new? No. You heard testimony from witnesses who indicated that Mr. Jowers had said this to them years ago, as much as twenty years ago he had said this, he had said that he knew how Martin Luther King was killed. He had indicated to them that he didn’t do it but he knew how it was done, and in one case he actually told the same story way back then that he is telling now.

So this is not some afterthought from Mr. Jowers to try to make a movie or become — have notoriety or something like that. This is a consistent story that has been around for a long time, and other witnesses from previous times have confirmed it.

So other indications of the local conspiracy, what are they? You’ve heard about the removal of Detective Redditt, who was a police officer on surveillance duty on the afternoon. He was removed within an hour of the killing and told there was a threat on his life and he was sent home to arrive at his home at the time of the assassination, never to hear about this threat again. This was a phony threat. I think it became quite clear. They didn’t trust him because when been a community relations officer that had been secunded into intelligence and at the last minute had to pull him off, he might have seen something, done something that was untrustworthy. He was pulled off. The other officer remained making notes of what he saw.

There were two black firemen, the only two black firemen in the fire station, they were removed. They were given orders the night before not to report for duty but to go to another fire station in each case where they were surplussed to requirements.

Why were they removed? Why were those two black firemen removed, the only two black firemen, and the night before? You heard the Jerry Williams, Captain Williams, testified that he had always formed an elite black homicide group of detectives as a bodyguard for Dr. King. The last visit, he was not asked to form that bodyguard. This was the only time he was not asked to form that bodyguard, and he didn’t know why he was not asked to form that bodyguard. And that troubled him. You heard that the police were at one point around the Lorraine Motel and then they were removed, or they just disappeared. They disappeared within a half hour, forty-five minutes of the killing. Why did they disappear? Where did they go? You saw evidence that the Invaders, a local community-organizing group that had been willing to work with Dr. King toward the end and were there for the purpose of helping him produce a produce a peaceful march, at ten minutes to six, eleven minutes before the actual shooting, they left the motel. They were ordered to leave the motel. They were told their bills were no longer going to be paid and they had to leave the hotel. So they emptied out. They might have reacted violently and caused some sort of conflagration at the hotel, but they didn’t. They just left.

You heard about the removal of the emergency tact forces. This is the emergency tact forces, in this case it was Tact 10, which was usually a group of four or five police cars with officers from the sheriff’s department, police officers. They were around the Lorraine Motel until the afternoon before the killing. The afternoon of the 3rd they were ordered to be pulled back to the fire station on the periphery. When Inspector Evans was asked who gave him the instructions to pull them back, he said it was a request from Dr. King’s group. But when he was asked who, you may recall, he said, oh, yes, I think it was Reverend Kyles that gave me that instruction. But the tact forces were pulled back.

The defendant on the day of the killing ordered a witness whom you heard who was working at a waitress for him, ordered Bobbie Balfour not to take any food upstairs to Grace Stephens, who was ill, and who had been received food on a daily basis, but that day, because the second floor of the rooming house was being used as a staging ground, no one was allowed up there, and he told her not to go up there. So she didn’t go. So she didn’t go.

Then you heard Olivia Catling, who had never been spoken to by anyone, Olivia Catling took the stand and told about a man coming from an alley that was connected to a building that was attached to the rooming house. She saw this man coming through that alley shortly after the killing, some minutes after the killing, and getting into a 1965 Green Chevrolet that was parked on Huling and then speeding away Norton Mulberry Street right in front of the police burning, rubber as he went, with no interference whatsoever from them.

All of these things, all of these events, I submit to you profoundly are strong evidence of the existence of a conspiracy just at the local level, not even mentioning the fact that the defendant has also indicated that planning sessions took place in his grill prior to the assassination.

So I think it is important to see that total picture of evidence you have. There should be no doubt that all of these things are indicative overwhelmingly of conspiracy. Now, are we conspiracy buffs because we find all of this evidence insurmountable? I think not. But you have heard it. The masses of Americans have not. And the media has never put it to them and I submit to you probably never will. That’s why your presence is so important.

The crime scene, what about this crime scene? We submit that the crime scene, of course, was the back area of the rooming house. It was terribly overgrown with bushes. The bushes were thick and they were difficult to penetrate and that they provided an excellent sniper’s lair. That’s where the crime took place.

Any number of witnesses and evidence in the record indicates that a person or persons was seen in those bushes at the time of the shooting. These are different accounts that we put into the record, separate and apart.

There is other evidence, again, separate independent evidence, that a person was seen jumping from the wall, jumping over the wall and running up Mulberry Street. As a result of this, we’ve concluded some while ago and have tried to provide enough impetus for you to conclude that the shot came from these bushes and not from the bathroom window.

The bathroom window and the rooming house bathroom has been officially the scene of this crime forever. The State had evidence long ago that that was not the case, that the dent in the window sill was not made by the rifle, even though they maintained that was the case. The bathroom was seen open.

The State’s main witness was drunk at the time. He was intoxicated. He couldn’t identify anybody. Captain Tommy Stephens said he couldn’t identify anyone, much less stand up. Yet it was the affidavit of Charles Stephens that brought James Earl Ray back to this country back from England. That was the basis of the proof that brought him back.

Do you know what confidence the State had in their own chief witness? They didn’t even call him at the time of the guilty plea hearing. He didn’t even testify at that point. Now, the murder weapon itself, Judge Joe Brown heard testimony and evidence in this case for about four years. He paid particular attention to the weapon, and he has had a lifetime of experience and developed knowledge about weapons and about rifles in particular. We qualified the judge as an expert. He came before you and he sat there.

Anyone who heard Judge Brown’s testimony with respect to that weapon should have no — and weapons in general should have no doubt whatsoever that he is in fact an expert. The media will point to his lack of technical training, courses having been taken with respect to learning about rifles. The other areas for developing expertise happens to be experience and self knowledge and development, which is what Judge Brown has.

Judge Brown sat in that chair and gave you sample technical scientific reasons why that weapon in evidence is not the murder weapon very clearly. He said, first of all, the scope was never sighted in. Because it was never sighted in, if you use that scope, to quote him, you couldn’t hit the broadside of a barn with that weapon, remember that expression, because it was firing to the left and below the target, because it was never sighted in.

He also said the scope couldn’t have been altered by having been dropped in a bundle. You can’t alter a scope to that extent, its accuracy, by doing that.

He said also that the death slug did not have the same metallurgical composition as existed in the lead of the other evidence bullets that were found in that bundle the State has always said it was one of a number of bullets the defendant had and you should see them as a package, if you will. Judge Brown said, no, the death slug was different in metallurgical composition than the bullets that were there.

Beyond this, there is evidence that you’ve heard that this clearly couldn’t have been the murder weapon because the defendant told a taxi driver, James McCraw, to get rid of the murder weapon, and he did so. McCraw, being a close friend of Jowers, a confident of Jowers, took the actual murder weapon and threw it off the Memphis-Arkansas Bridge. So it is laying at the bottom of the Mississippi River for over thirty-one years. The real murder weapon is at the bottom of that river.

Now, Bill Hamblin, no reason to lie, he said McCraw would only tell him this when he got drunk and he told him this over fifteen years. This is not something McCraw made up one day. It is over a period of fifteen years. I remind you that he told this same story.

Judge Arthur Haynes testified that he was, of course, James Earl Ray’s first lawyer along with his father, and he testified that in the course of their early on-the-scene investigation, they talked to Guy Canipe, who owned the amusement shop in front of which was found the bundle which contained, amongst other things, the rifle. He said Canipe told them very early on, before anyone else apparently had done any kind of tampering with him, told him very early on that that bundle was dropped some minutes before the actual shooting. Imagine that, that the bundle, the murder weapon, the rifle in evidence, was dropped minutes before the actual shooting.

Now we come to Raoul, this shadowy figure who the defendant has mentioned and who James Earl Ray has talked about right from the beginning as someone who controlled him. You have a number of independent people, not even knowing each other, who have identified this man from a spread of photographs that they have seen. And they range from an English merchant seaman, who we had to depose by telephone at some length, who ran into this same Raoul at the same bar James did, up at the Neptune in Montreal.

They range from him to the Grabows, Royce Wilburn, to the defendant himself who identified Raoul from a spread of photographs before Ambassador Young and Mr. King, and, of course, James Earl Ray, who also identified him.

If that is not enough, if that is not enough, we have the British film producer, Jack Saltman, going to the door of Raoul’s house, showing a photograph and having his daughter admit that that is the photograph of her father, her words to the effect that anyone can get that picture or that photograph of my father. It is from Immigration & Naturalization. She identified her own father as the person in that photograph.

Under subpoena and reluctantly a Portuguese journalist took the stand. She had conducted an interview with a member of the family. The member of that family had told her that this was a horror, a nightmare for them and for the family, but the one comfort they had was that the government was helping them, that the government had sent people to their home approximately three times or so, and that the government was monitoring their telephone calls and the government was providing them with guidance. The government was trying to give them comfort and advice.

Can you imagine if anything like that happened to — if any charges were laid against any of us in those circumstances, do you think the government would come around and see us, help us, monitor our phones?

hat act alone indicates the importance and the significance of this man, Raoul. So it is essential that that be put clearly in the context.

Now, as I understand it, the defense had invited Raoul to appear here. He is outside this jurisdiction, so a subpoena would be futile. But he was asked to appear here. In earlier proceedings there were attempts to depose him, and he resisted them. So he has not attempted to come forward at all and tell his side of this story or to defend himself.

As we move into the next area, we’re concerned now about a broader conspiracy, a broader conspiracy. That is two-pronged, ladies and gentlemen. On the one hand, the broader conspiracy goes beyond a shooter in the bushes who gets away with killing Martin King. It goes from him to a Mr. Jowers, who is involved in facilitating, and it goes back to Mr. Liberto, whom you’ve heard was clearly a part of it, but it goes beyond Mr. Liberto in terms of the Mob side, because you’ve heard from witness Nathan Whitlock how he used to push a fruit cart in New Orleans with Mr. Carlos Marcello and that he then has this relationship and this awareness of Marcello and Marcello activities. Carlos Marcello has been the Mob kingpin, was the Mob leader in this part of the country, for a long, long time.

So any contract, any Mob contract, on Martin Luther King’s life, would come from Marcello through Liberto into the local infrastructure that Marcello had here in Memphis. Marcello himself was involved in gun running. Part of the evidence in terms of the military involvement is contained in a lengthy article that we put into evidence that appears in March of 1993 in the Commercial Appeal by Steve Tomkins, and that article indicated that there was a high-ranking general who had been charged and imprisoned for aiding and abetting the trading in stolen weapons. That deal meant what he was involved in was the theft of guns from arsenals, armories and camps, like Camp Shelby in Mississippi, the theft of weapons from those places that went to — were trucked to a Marcello property in New Orleans, and from the Marcello property in New Orleans were shipped around the coast into Houston, Texas, where they were taken off. And that is where Raoul and his crowd came into the receipt of those weapons before they went into Latin and South America.

So that’s one prong of the broader conspiracy, the Mob. But, you see, already there is a relationship between organized crime and the military in the receipt of those weapons and in the ongoing sale of them.

Then we move directly into the government of the United States, their agents themselves. We’ve learned that the 111th Military Intelligence Group based at Fort McPherson in Atlanta, Georgia, were here.

They were in Memphis. They had Martin King under surveillance. That as open — quote, open surveillance, eye-to-eye surveillance.

They had him under surveillance. Eli Arkin of the Memphis Police Department Intelligence Bureau, Intelligence Division, said they were in his office. He has he has admitted they were in his office.

They were here.

There was another section here that was involved in covert surveillance of Martin King. “Covert” means bugging, wiretapping, that type of activity. That was done at the Rivermont when he was here on the 17th or 18th. You heard a witness say he was one of three people who were effectively a surveillance team. They had Martin King’s suite bugged, every room of it bugged, including the balcony. If he wanted to speak privately and went out on the balcony, they would pick it up by relay from the roof.

That covert — that type of covert surveillance was carried out by another agency, usually the Army Security Agency. So there we have those two agencies involved very clearly here.

Then there were photographers. Remember those photographers that Captain Weiden talked about. They were on the roof of the fire station. He put them there. Who were they? They were a psychological operations team, and they were there and they photographed everything throughout that day. That means, ladies and gentlemen, that there is a film of everything that happened, photographs of everything that happened buried somewhere. We tried long and hard to unearth it unsuccessfully, but it is there and it is hidden, as it was hidden from this jury it is hidden from the American people. Maybe the media one day will let you know that it exists. But it is there. They took those photographs. They were what is known as a psychological operations team, and they were there and they photographed everything throughout that day. That means, ladies and gentlemen, that there is a film of everything that happened, photographs of everything that happened buried somewhere. We tried long and hard to unearth it unsuccessfully, but it is there and it is hidden, as it was hidden from this jury it is hidden from the American people. Maybe the media one day will let you know that it exists. But it is there. They took those photographs. They were what is known as a psychological operations team, and we know who the two members of that team were.

So there is this very strong presence now, which is primarily surveillance, it is intelligence gathering, it is visual and it is audio and it is going on and Martin King and his group are the subject of it.

But then there is another group that is more sinister. They are not more sinister because of what they did, because they didn’t really do anything, but we know they had a presence. And that was a special eight-man sniper unit that was here in Memphis. They were all part of the 20th Special Forces Group. They were here and they were assigned and they were trained for an operation, for a mission, in Memphis. You heard testimony by a man who himself was a national security council operative who was very involved in Iran-Contra activities, who had been a long-standing operative, if you will, of the government of the United States and whose best friend was a member of that sniper team. There was no reason in the world for his best friend other than in a moment of whatever, anguish or burden, desire to relieve himself, to talk about this, this mission that he was on which he was assigned to in Memphis which was aborted, but he was assigned to it.

With a Q and A approach you heard documents of working papers that were used to get information from other — from another source who lives south of the border and who fled the country in the 1970′s out of fear who was also a part of that unit. So they were there, and there are three separate sources that confirm the presence. But they did not — it was not necessary for them to do anything. The mission was aborted because the Mob contract was successful in killing Martin Luther King and framing James Earl Ray.

Remember, one of the things that Liberto also told the defendant, Loyd Jowers, was that there was a setup man, there was a patsy, lined up to take the blame. There was another area of comfort that the defendant could have.

Now we move to the cover-up aspect of this case. This in many ways is the most sad in a representative democracy to have to have this kind of cover-up be successful for so long. It is a shame. It is a tragedy. I think it goes right to the essence of democracy and the right of the people to know.

The cover-up activities in this case, ladies and gentlemen, range from murder to press manipulation and distortion, with bribery in between. Murder, unfortunately in our view, and from the evidence that you have heard here, credible sources, is that a taxi driver who pulled into the Lorraine Motel maybe six minutes before the killing or so, shortly before the killing, a Yellow Cab taxi driver who pulled into that drive and who was standing at the rear of his car loading the trunk of the car with the baggage, the luggage, of someone that was leaving, unfortunately for him, immediately after the shooting he saw the shooting and then turned to look at the other side of the road and saw a man come down out of the bushes and run up the street and get into a waiting Memphis Police Department traffic car which sped away.

When he reported this to his dispatcher, he thought the police had the assassin because he was in a police car going away. Well, this man, as you’ve heard, was questioned by the police a couple of times that week. He was to give a statement the next day.

He didn’t give a statement, did he? No, his body was found off the Memphis-Arkansas Bridge supposedly thrown out of a speeding car. Now, when we tried to find death certificates for this man, we couldn’t, either in Arkansas or in Tennessee. There is no death record at all. We found his phone number with that of his wife listed in 1967, 1966 and 1967, Betty and Paul Butler. This is all in evidence. The Polk Directory pages are there for you to look at. In 1968 it is Betty, brackets, widow, WID, of Paul, Betty widow, 1968 and 1969 she a widow. Paul Butler was her deceased husband. He was, for him, in the wrong place at the wrong time.

That is in some ways the worst of it. Because is there anything really worse than losing your life when you’ve been in the wrong place at the wrong time?

The next aspect of cover-up is the tampering, drastic alteration, of the crime scene. What happened there? You’ve heard what happened. Seven o’clock in the morning Inspector Sam Evans called Maynard Stiles, who was a public works administrator, and asked him to get a work crew out there and to cut down those bushes. They cut the bushes down. Now, normally what one does with a crime scene, at least for quite a period of time, is to rope it off and keep people out of it and investigate it as it is. You don’t go and destroy the crime scene. You don’t know what is there. You go and you deal with it the way it was at the time of the crime.

No, it was cut right to the ground, cut right to the ground. And however long it took them to do it, they did a good job, because it was not possible for a sniper to be in that area once it was cut to the ground because he could obviously be very visible.

So the image o a flat, barren area is what was relayed, and that reinforced the whole bathroom window. There was no house-to-house investigation, ladies and gentlemen. Do you remember Judge Brown on the stand saying that this was the most deficient investigation, criminal investigation, he had ever seen as a criminal court judge? He is talking about all of these kinds of things. Imagine, no house-to-house investigation.

What that means is that no policeman going and knocking on the door of all of the local residents and asking them did they see anything, did they hear anything, because surely if they had, they would have knocked on Olivia Catling’s door, wouldn’t they? She just lived down the street on Mulberry. She would have told them what she saw. But they didn’t. They didn’t do that, did they? No, they didn’t do that, not at all. Why? Why did they suppress two alibi statements, a statement from Ray Hendricks and William Reed, who left Jim’s Grill, oh, thirty-five minutes past the hour of five, forty minutes past the hour of five, right around there, maybe even — well, right around that time. It would be difficult to pin exact times down.

They left Jim’s Grill, saw James Earl Ray’s Mustang parked in front of Jim’s Grill, started to work walk up the street and a couple of minutes later when they went up a couple of blocks and were about to cross Vance, one pulled the other back when the same white Mustang they thought came right around the corner driving away, as James Earl Ray had said he done.

He always said he left the scene of the crime around to that time to try to go have a spare tire repaired. Here are two alibi witnesses with statements given to the FBI in their 302′s kept from the defense, withheld from the guilty plea jury, suppressed.

What else was suppressed? What was suppressed was the fact that they had a scientific report from the FBI that the dent in the window sill could not sufficiently be tied to the rifle. They had that. They had that almost a year prior to the actual guilty plea hearing. And yet they went before the guilty plea jury and said that scientific evidence would establish that the murder weapon made that dent. Obstruction of justice, suppression? That and worse.

What about the death slug that could not be matched? You know, the media and the State have turned the burden in this case of matching the bullet to the rifle the other way around. They are saying because you can’t exclude it, it may be the murder weapon. That’s not the way it works. In any other case that’s not the way it works.

This is not a good rifle in evidence when you cannot match the death slug to it. And it was a death slug capable of being matched. You have evidence that that bullet was capable of being matched if it could.

There were enough striations, enough independent markings that they could match it if they could.

So the guilty plea hearing guilty plea hearing heard none of this. I talked to members of the guilty plea jury years later.

They heard none of this. This was all kept quiet. They certainly would have had questions about Mr. Ray’s plea if they had.

They certainly didn’t know that his lawyer had agreed in writing to pay $500 if he would plead guilty and not cause any problems and that $500 could be used to hire another lawyer who could help overturn the plea. They certainly were not told that.

They certainly were not told those kinds of pressures that descended on him at the last minute to cop this plea, which I’m afraid people do all the time in desperation, particularly when they are in isolation the way he was.

What about Captain Weiden? My goodness. Captain of the fire station, never interviewed by local police authorities. The man who ran that installation, who was there at the time, never interviewed by the authorities. Forgetting about knocking on people’s doors. Here is official, he is a senior executive officer of the fire station. They didn’t talk to him. They didn’t interview him. They didn’t ask him what was going on there that afternoon. Were they afraid that he would have told them about the photographers on the roof? Because if he had, then they wouldn’t have been unnoticed, would they? It wouldn’t have been unnoticed that there were photographs of what went on, and they would have then had to request those photographs. So if you don’t talk to Captain Weiden, you don’t have to know about them. If you don’t know about it, you don’t ask for it.

You heard Bill Schaap on the stand for a long time talking about media distortion and the use of media for propaganda. He gave you the history of how it has developed particularly over the 20th century America but, of course, it is a long-standing activity throughout history in older nations than this.

But Schaap took you painstakingly through that history down to the present time when he dealt with the way the media handled Martin Luther King, how they handled his opposition to the war in Vietnam, how he was attacked because of that opposition to the war.

Then he moved on. There were similar, comparable attacks on the King family since they decided they wanted the truth out in this case and they decided that James Earl Ray was entitled to a trial, similar media treatment happened to them that happened to Martin, similar loss of contributions and money for the work that happened to Martin back in those days. The same thing.

Bill Schaap led you through that. There were a couple of instances where he referred to the huge network of ownership and control of media entities all over the world by the Central Intelligence Agency. It is a matter of public record. It has appeared in Congressional hearings, Senate hearings, which most people don’t read, don’t know anything about, and, of course, the media only covers in sparse fashion, because it is contrary to their interests to show that great numbers of newspapers, radio stations, television stations, may in fact be actually owned by the Central Intelligence Ageny in this country as well as elsewhere.

He talked about the numbers of actual agents who work for media companies, who are placed in positions in network television company positions, in newspaper company positions, on newspaper editorial board positions.

If you see the history of how national security cases are covered and this is one, you will be amazed that some of the most liberal columnists, writers, respected journalists, Pulitzer Prize winners, who have all the liberal credentials, when it comes to this kind of case, they all of a sudden are totally with the government because national security cases are a different ball game.

Ambassador Young ran into one at one point in an airport, and he said to him, how can you do this, Tony, about this case, you have great credentials in every other way, what is it about this case? His response was, you’ll be happy to know my wife agrees with you. But that was it. That was the end of the response.

The point is on these cases there is a special type of treatment that is given. It is important to understand that across the board. That explains a lot of what we’re talking about. Examples: Column 1, New York Times, November, the article is here, Alton, Illinois, bank robbery, Wendell Rose, Jr., the Times wrote this whole piece, fabricated, whole cloth, that the Ray brothers robbed the bank in Illinois and that’s where James got his money and therefore there is no Raoul.

The problem was that the article said that the Times had conducted a special investigation that paralleled that of the House Select Committee and that of the FBI, and all three investigations indicated this was the case. Case closed, this is where Ray got his money.

The problem is they never talked to the chief of police in Alton, Illinois. They never talked to the president of the bank in Alton, Illinois. There was no investigation. And when those people were talked to by myself or by Jerry Ray, who went down there to turn himself in — you think I did this, I’m prepared to turn myself in — the guy said, go away, you’ve never been a suspect. Isn’t that amazing, out of whole cloth. But it appears, and that’s the mindset that the people have.

You heard Earl Caldwell say he was sent to Memphis by his national editor, New York Times national editor, Claude Sitton at the time, and told to go to Memphis and his words were “nail Dr. King.” Nail Dr. King. That is what he said he was told was his mission here in Memphis as a New York Times reporter. I can go on. But these are examples of what happens with the media.

Now, Bill Schaap told you the impact of that out of thirty-one years is very devastating, is very hard to hear this for thirty-one years and have somebody come along and say, no, you’ve been told the wrong thing and here are a whole set of facts that are incontrovertible and this is why you’ve been old the wrong thing.

The reaction is still, oh, yes, that’s interesting, but the next day we still believe, because it is almost implanted neurologically. That’s the problem that this kind of distortion, media propaganda abuse, just raises.

Mr. Jowers here, the defendant, was a victim of that. They gave him — ABC gave him a lie detector test and they told him at the end of that lie detector test that he had failed, why was he doing this, was he looking for money, he had failed this lie detector test. You heard from a cab driver, who has nothing to gain by this, take the stand and say, yeah, he drove those ABC people to the airport, took them to the airport, and he heard their conversation. His ears perked up when he heard Jowers’ name because he heard them, the guy in the front, the examiner, said, I couldn’t get him to waver, I couldn’t get him to waver. They were commenting on how much he remembered in so much detail and why he remembered so much detail.

There is no question about him failing this test. They couldn’t get the defendant to lie. And yet that program was broadcast, was put out to masses of people in this country to believe to this day that the defendant lied, that he lied.

Now, you heard — we’re still on cover-up. I’m sorry. You heard about two efforts to bribe James Earl Ray. I don’t know of any others, but you have heard of two in particular, one from a lawyer, Jack Kershaw, who told you about a meeting at the Nelson Book Publishing Company and he was offered a sum of money if Ray would admit that he did it. He was offered this money by William Bradford Huey, who was a writer, if Ray would confess that he did it and did it alone and he would give him this money and give him a pardon and he would go on and have a nice life.

Mr. Kershaw went over to the prison, as you heard, asked Mr. Ray if you want to take up this wonderful offer. Ray, of course, said, no, and sent him packing. Some while later a telephone — on a telephone conversation Huey made the same offer to Jerry Ray. His problem then was that that conversation was recorded. Jerry Ray testified and you have a transcript of that recording, he was offered now $220,000, they greatly increased the sum of money, $220,000, also a pardon. And the best story, of course, that they wanted, that Huey wanted, was the story why I killed Martin Luther King.

So they were offering him money, a pardon if he would tell that story. It didn’t work. James, of course, was not interested in anything of the sort. James had always only wanted, from three days after his conviction, he had always wanted a trial. That is what he wanted. Then there were a number of attempts to kill James Earl Ray. These attempts vary. One time he escaped from Brushy Mountain in 1977, he escaped from Brushy Mountain with six others. No sooner did his feet hit the ground and they were up in the woods there — if you know that area of Petros, Tennessee, it is pretty rural in some areas and rocky and hilly — he was up in the woods, and no sooner did he go get up in the woods but there was an FBI SWAT team out of the Knoxville office on the scene.

Who asked for them? It is a State escape, State prisoner. The State is handling it. No, here comes in the SWAT team. They have snipers with sniper rifles. What are they going to do with those sniper rifles?

Lewis Stokes was chairman of the Select Committee on Assassinations. He calls Ray Blanton, who is a governor of the State at the time. Reverend Fauntroy was a part of to that conversation and said he was the one who encouraged Stokes to call, but he was there. Stokes calls Blanton and says that you better get over to Brushy Mountain. If you don’t, I’m going to lose my most famous witness and your most famous prisoner because the FBI is going to kill him. Blanton goes over in a helicopter and chases the FBI away.

They didn’t what to go at first. He told them he would put them in the same sell James Earl Ray came out of if they didn’t. He saved James Earl Ray’s life. He was caught and brought back by local authorities, which is the way it should have been.

The second attempt was in April of 1978. You heard April Ferguson, public defender counsel, tell you how that worked. She went out, interviewed a prisoner who had called their office when April and Mark Lane were representing James back at that time. He was offered a contract. He was asked to put out a contract on James Earl Ray, and he decided not to do it.

One, he thought he was being set up because the person who called him left a number and he had to call him back. When he called had him back, he was calling him back at an Executive Suites hotel that he knew, the prisoner knew, was being used by the local US Attorney’s Office and the FBI where they interviewed informants and where they did the briefings. That’s where the phone call came from.

He thought he was being set up. The phone call came to him from a fellow called Arthur Wayne Baldwin, who was a Mob figure in Memphis but who also was involved as a federal informant and was used by the government.

So he gave the statement of how this contract was put out by Baldwin on James Earl Ray’s life, and Ms. Ferguson testified as to her affidavit. Defendant’s prior admissions, the next section of plaintiffs’ case, you’ve heard a good deal of it, how the defendant has admitted how he was approached by Mr. Liberto and how he was told that he would receive a package, which he did, and money and eventually a rifle to hold, and he told about planning sessions in his cafe, and he told about taking a rifle from the shooter, taking the rifle from the shooter, one that was still smoking. He said taking it from his back door.

He named the shooter as a Memphis Police Department lieutenant, Earl Clark, who is deceased, who was a sharpshooter who he said was a hunting companion of his, a friend of his, and a friend of Liberto’s as well and who never had any contact with him again after this day.

Now, Mrs. Clark, the first wife, who testified, gave her husband an alibi. It is only fair that you consider what Ms. Clark said. When I first interviewed here in 1992 — she referred to that interview. In fact, her son was there. He was not twenty-two. He was born later. He was about sixteen. Her daughter was born in 1970. It was the son who was present. She told essentially the same story at that point in time.

There are serious questions with that story, and they have to do with whether or not in fact Lieutenant Clark had a radio at all at that point in time and whether or not in fact Dent Cleaners was open later than six p.m. on that day. Because by her accounts she got there sometime between six-thirty and six-forty to pick up his uniform. But, in any event, you have to consider all of that.

Lastly, in respect of the defendant’s situation, we had placed a woman — aspects of a woman’s testimony into the record so that you can review it, and she was a waitress who had been a lover of the defendant during that previous year.

She very reluctantly in 1992 gave a statement that had really to be worked out of her. She didn’t want to tell this story even then because she was afraid that her former lover and boss, Mr. Jowers, was the killer.

He was the only one she saw, she said, out there, and she was afraid that he was the killer. Plaintiffs do not believe that to be the case at this point in time.

She described him running, face white as a sheet, looking like a wild man with all mud on his knees, as though he had been kneeling in that brush area. She has been to some extent discredited because there have been — people have descended upon her for various reasons. She was a — a statement of hers was taken repudiating a lot of things she said, but she subsequently said in another sworn statement that she didn’t even read what the state officials told her to sign.

So in a case like this, this is a difficult area for you to assess for yourselves in terms of what you read and what you have heard here.

The last area of the plaintiffs’ case has to do with damages. We’ve addressed that. Members of the family have addressed that in terms of the spirit in which the family has approached these proceedings from the beginning.

Yes, we want a verdict of liability, a verdict of a finding of conspiracy, but the family is not interested to benefit financially from these proceedings. There has to be damages in civil litigation of this sort. It is a wrongful death action. So the request is that there be an award of one hundred dollars to offset funeral expenses at the time. And that one hundred dollars the family has decided to contribute, along with other contributions, to a welfare fund of the sanitation workers in this city, because that is the reason that Dr. King came here in the first place.

Now, what I’d like to do is to briefly take you through a visual summary, it will be much quicker than my verbal summary, but to take you through a visual picture of the summary of what you have just heard in terms of the major aspects of the plaintiffs’ case.

24 THE COURT: Does anybody need a break?

A JUROR: Yes.

THE COURT: You do? All right. Just five minutes.

(Jury out.)

(Short recess.)

THE COURT: All right, Sheriff. Bring the jury back out, please.

(Jury in.)

THE COURT: All right,

Mr. Pepper. You may resume.

MR. PEPPER: Thank you, Your Honor. We have a depiction of the overall seen of the assassination at about five forty-three, the time we’ve pinpointed, on the afternoon of the assassination. Here in this depiction we have two people on the firehouse roof, we show two people in the brush area at this time, a number of witnesses down below the balcony right in there.

THE COURT: Mr. Pepper, excuse me. Can you see that?

A JUROR: Yes.

MR. PEPPER: Am I in your way?

THE COURT: You may stand over here, Mr. Pepper.

MR. PEPPER: There is also a car, a Chevrolet car, parked here on Huling, and two Mustangs on South Main Street. You will remember Charles Hurley testified that he drove up behind this Mustang when he was picking his wife up. It had Arkansas plates. This Mustang is believed to have been James Earl Ray’s.

Now, when we move ahead, we’re still at five forty-three, but it is between five forty-three and five forty-four, Hendricks and Reed, who have been in Jim’s Grill here, have come out and have since walked up this street. About this time this first Mustang has pulled off. Everything else remains the same. You have the photographers on the roof, you have the two figures in the brush, who we believe to be Earl Clark and Loyd Jowers, and you have witnesses below the balcony over here.

Now we’re at five-fifty. The evidence reveals that this first Mustang is gone. The second Mustang still remains. Photographers still remain clicking away on the roof. The figures in the brush still remain. The Invaders have started to leave the hotel. They are coming down the stairs and they are leaving at five-fifty. They were noticed leaving. Billy Kyles, Reverend Kyles, is right there knocking on Martin King’s door as the evidence indicates at ten minutes to six. The witnesses are still down below.

At five fifty-five, the Invaders are now off the premises, they’ve gone. Reverend Kyles has come away from the door and is on the balcony to the right of the door. The witnesses are still below. Photographers are still in their perch photographing. The Chevrolet is still parked where was. And now a Memphis Police Department traffic car has pulled up to this intersection right here at Mulberry and Huling. In addition to that, about this time a rifle and an evidence bundle has been dropped by this figure right here in Canipe’s.

Next. Still at five fifty-five, between five fifty-five and five fifty-six, the Yellow taxicab has pulled into the Lorraine driveway and is loading a passenger. The man who has dropped the rifle has now approached this second Mustang with the Arkansas plates here. The figures in the bushes are still there. The Chevrolet is there and the taxi driver himself is standing toward the rear of his car next. About five fifty-six, in that area, Martin King appears on the balcony and begins to talk to a number of the people below who we’ve been calling as witnesses. The taxi driver is still there unloading a passenger’s luggage, and the photographers are there. The rifle remains, but now the second Mustang moves off. The traffic car remains in position and the Chevrolet remains where was.

Okay. Six-oh-one p.m., April 4th, 22 1968, Martin Luther King has been felled by a single shot. Everything else remains the same. The taxi driver is facing the brush area. The photographers are still on the roof of the fire station. The rifle in evidence remains in Canipe’s doorway. The Chevrolet remains on Huling. The Memphis traffic car remains at the intersection of Mulberry and Huling. The figures in the bushes at this point remain there.

Next. Instantly, between six-oh-one and six-oh-two, immediately after the shot, one of the two figures, and we maintain it is the defendant, is moving toward his building carrying the murder weapon. The other figure in the bush, in the bushes, is going down — appears to be at this point not going down but appears to be alone around the edge of the wall. The photographers are there. The taxi driver is still there looking at the brush area, and journalist Earl Caldwell, having heard the shot, has come out of his room.

It is difficult to do this with computers. You may recall Caldwell was in his shorts standing there looking at the bushes seeing this figure in the bushes. The traffic car remains there. Kyles remains off to the right of the fallen Martin King instantly after the shot. The witnesses are there, some of whom turn toward the bushes looking up in that direction.

Next. Also between six-oh-one and six-two, because that’s what it takes, Mr. Jowers has entered his establishment. The shooter has gone down over the wall and has run toward that Memphis traffic vehicle, car vehicle, right there. This is all happening between six-oh-one and six-oh-two. That’s the period of time in which this was carried out.

The taxi driver has seen the shooter jump from the wall and run to here and get into that traffic car. The photographers must have photographed it. There they are. The rifle remains. Mr. Jowers has entered his establishment at that point in time.

Okay. Around six-oh-five, under great pressure from his passenger, the taxi driver actually drives away, left the Lorraine parking lot. The shooter, having gotten into that traffic car, is also gone, disappeared. That traffic car sped up Huling, west on Huling. It is gone. Mr. Jowers is inside his establishment, the witnesses remain in place where they were. Mr. Caldwell has gone back into his room to put on his trousers.

Next. We’re at about six-oh-eight. At this point in time barricades in the form of police cars have been established at either end of Mulberry, thus blocking any entrance to the street. We’re at six-oh-seven. I’m a minute ahead of myself.

We’re at about six-oh-seven. Everything else remains pretty much the same except Journalist Caldwell has come out of his room again and would eventually make his way up to the balcony. Dr. King is still down, witnesses are in place, photographers are in place, the rifle remains where it is, and Reverend Kyles is still on the balcony.

Also at six-oh-seven or thereabouts Olivia Catling has arrived at the corner of Mulberry and Huling. She has three children with her. Two are hers and one is a neighbor child. She has come to that corner just about this time, having heard the shot from inside her house. Everything else remains pretty much in place with the photographers, the witnesses and Journalist Caldwell coming out and the rifle still at Canipeâ