Henry Dee

Settlement Reached in Civil Suit Charging Franklin County, MS Role in 1964 KKK Murders

On Monday, June 21, Franklin County, Mississippi agreed to a settlement in an historic civil suit with the families of Charles Moore and  Henry Dee, two 19-year-old Black men who were kidnapped, tortured and murdered by members of the Ku Klux Klan on May 2, 1964.

"This is the first time, to my knowledge, that any civil lawsuit against public officials for collaborating with the KKK has reached the point of settlement," said Margaret Burnham, lead attorney for the family members who brought the suit against Franklin County. Klansman James Ford Seale went to prison in 2007 for his role in the murders; this landmark civil suit addressed the roles of Mississippi government officials in the double murder and subsequent cover-up of what had occurred.

"It's a bit of a stretch to say they were 'held accountable,'" Burnham added, "because they did not admit to the facts we presented."

"I'm convinced there's nothing else that I can do to get any more truth," said Thomas Moore, brother of victim Charles. Moore said further that African Americans in his home county "are joyful that somebody brought Franklin County officials to reality and to the way they treated other people."

Thomas Moore and Thelma Collins, sister of victim Henry Dee, filed the civil suit against Franklin County, MS in August, 2008. The suit focused on the respective roles and actions from 1964 to 1967 of Franklin County Sheriff Wayne Hutto and Franklin County Deputy Sheriff Kirby Shell, both now deceased. "In the aftermath of the killings," according to the complaint by Moore and Collins,

Sheriff Hutto misled the Plaintiffs when they inquired of the Sheriff about their loved ones. Further, Sheriff Hutto deceived the Plaintiffs into thinking he knew nothing of the whereabouts of Moore and Dee when in fact he did.

Throughout 1964, Hutto and Shell misled investigative agents of the Federal Bureau of Investigation about the murders, concealing their participation in the events of May 2, 1964, the day the two young men were killed.

Hutto and Shell covered up their role in these crimes, deceiving law enforcement officials as well as the Plaintiffs.  Plaintiffs did not become aware of the participation of Hutto and Shell as co-conspirators until the federal indictment was returned on January 24, 2007. Nor could Plaintiffs have discovered Hutto and Shell’s culpability before the indictment. The U.S. Justice Department immunized Charles Edwards, one of the coconspirators and, on November 3, 2006, obtained from Edwards a full statement of the crimes revealing for the first time ever the involvement of Franklin County on the day the men were slain.

Thomas Moore holds photo of his brother, Charles. (Postcard for Mississippi Cold Case, created by David Ridgen.)

"The settlement didn't need to happen," noted documentary filmmaker David Ridgen, "if Franklin County officials would have simply apologized to the Moore and Dee families for the actions and inactions of their officials in colluding with and in some cases participating in the Ku Klux Klan's reign of terror during the civil rights era."

Ridgen's film Mississippi Cold Case documented Thomas Moore's quest to learn the truth about what happened to his brother Charles and to Henry Dee. In their work together on the film Ridgen and Moore uncovered evidence that led to the indictment, trial and conviction of Klansman James Ford Seale.

"I am proud of Thomas Moore for being the juggernaut that pushed this civil suit forward with his lawyers," Ridgen said, "and I am hopeful that it will lead to civil trials in the near future that will hold Mississippi and elsewhere, state and county, accountable."

"This is a case about unconscionable crimes and unconscionable deception," Moore and Collins charged in their complaint.

It is also a case about the systematic denial by Franklin County of law enforcement protection to African-Americans and to whites suspected of opposing the Klan’s campaign of racist terror.

It is a case about the collusive and unlawful relationship between the White Knights of the Ku Klux Klan and Franklin County.

Franklin County officials stated in their resolution that they do not condone "the horrific deaths of Charles Moore and Henry Dee. "The county desires not to imply the deaths were anything but abhorrent."

But the county denied any responsibility for the deaths of the two 19-year-old Black men. The officials resolved that the county had not "caused or contributed to the deaths of these two young men. These deaths are believed to have resulted solely from the criminal actions of the Ku Klux Klan."

In their resolution, the Franklin County officials questioned the evidence in the civil complaint, drawn substantially from the evidence presented in the criminal trial of James Ford Seale that led to his conviction.

George Colllins, President of the Franklin County Board of Supervisors, who signed the resolution accepting the terms of settlement with Thomas Moore and Thelma Collins, had no comment when he was reached on the phone on Tuesday night.

"What we sought to prove was common knowledge at the time," Margaret Burnham said, "that these crimes could not have persisted without the support of local officials....There is no statute of limitations on murder, no expiration date on moral obligation, and there should be no impunity for human rights violators.”

"I am satisfied with the verdict of the criminal trial, and I'm satisfied with the settlement," concluded Thomas Moore. "I ran the race and I fought a good fight. I am finished with this case."

"I am at peace for the first time in 46 years," Moore said.

(Cross-posted at Civil Rights Cold Case Project)

Podcast

Documents

• Franklin County Board of Supervisors Resolution (PDF)
• Statement, Civil Rights and Restorative Justice, Northeastern University School of Law (PDF)
• Moore v. Franklin County Complaint (PDF)

Additional Coverage

• Michele Norris, "Miss. Officials Agree To Settlement In '64 Slayings" (NPR)
• Jerry Mitchell, "Lawsuit over '64 deaths settled" (Jackson Clarion-Ledger)
• Jonathan Saltzman, "Justice follows decades of silence" (Boston Globe)

Aunt Esther at age 96

Last winter I drove to Providence, RI full of trepidation and sadness. My incredible Aunt Esther, my maternal grandfather's sister, had pneumonia. I was going to see her to make sure I had the chance to say goodbye.

To everyone's, including her own, surprise, she pulled through. "I saw the pearly gates---and they shut!" she said to us bemusedly. Thus we were able to have the pleasure of gathering together in Providence this summer to celebrate her 99th birthday and the start of her 100th year.

And thus WRNI had the opportunity to take an audio snapshot of my sage, spunky and inspirational great aunt. You can listen to it right here.

Billy Wayne Posey, a key suspect in the Ku Klux Klan's killings of three civil rights workers in 1964 in Mississippi, has died, but Justice Department officials say they're continuing their investigation of the remaining suspects.

The 73-year-old Posey died Thursday of natural causes, according to friends. That leaves four living suspects in the June 21, 1964, killings of James Chaney, Andrew Goodman and Michael Schwerner in the Justice Department's investigation....

Goodman's brother, David, of New York City, said Friday that he hopes the Justice Department will continue to pursue the matter. "This is still the country of law and order, and the laws are clear," he said. "There is no statute of limitations on murder."

Time is passing by, he said, "but I never rejoice over a person's passing. I've never felt any animosity toward the specific individuals who murdered my brother. They just pulled the trigger."

In the summer of 1964, hundreds of FBI agents investigated the trio's disappearance, leading to the grisly discovery of their bodies buried 15 feet beneath an earthen dam. In 1967, 18 men went on trial on federal conspiracy charges, and seven of them were convicted.

But the only murder prosecution took place in 2005 when a Neshoba County jury convicted reputed Klan leader Edgar Ray Killen on three counts of manslaughter. He is serving 60 years in prison.

Civil rights activists repeatedly have called for the prosecution of others besides Killen.

Posey came within one vote of being indicted by that same Neshoba County grand jury that indicted Killen, with a deciding vote against indictment cast by his relative. In a 2007 series, "Buried Secrets," The Clarion-Ledger revealed three potential new witnesses against Posey.

In a 2000 statement, Posey told investigators there were "a lot of persons involved in the murders that did not go to jail."

He did not name those people.

Posey admittedly was among those who pursued the trio that night, was there when they were killed and helped haul their bodies to the dam to bury them.

But the statement could never be used against Posey in state court because he was given immunity.

Then-Neshoba County Deputy Cecil Price told authorities prior to his 2001 death that he told Posey in 1964 he had just jailed the three civil rights workers and asked Posey to get in contact with Killen, who helped to orchestrate the killings.

In 1967, Posey was one of the seven men who was convicted of conspiracy to deprive Chaney, Goodman and Schwerner of their civil rights. Though his admission of taking part in the Chaney, Goodman and Schwerner murders could not be used as evidence, state and federal charges were still possible.

[W]hat Posey said wouldn't be barred from federal court if federal authorities could pursue a case, said former state and federal prosecutor Patricia Bennett, a professor at Mississippi College School of Law. "And even if there was a state prosecution, authorities may be able to develop other evidence and not use that particular statement."

Federal and state prosecutors still have the opportunity to pursue further justice in the murders of James Chaney, Andrew Goodman and Michael Schwerner.

Earlier this year, Chaney's brother, Ben, met in Washington with Justice Department officials, asking them to pursue the case against the living suspects: Posey and Pete Harris, both of Meridian; Olen Burrage of Philadelphia; former Philadelphia police officer Richard Willis of Noxapater; and Jimmie Snowden of Hickory.

I spoke with Ben Chaney in 2007, two days after he buried his mother, Fannie Lee Chaney, next to her murdered son, James. Ben Chaney said:

My mother grew up in the time and period of Mississippi where it was believed that the death the murder of a black man by a white man would never be prosecuted. She had a great uncle lynched. When she was child she watched she saw a black male hanging from a tree who was lynched. When she was bout 5 or 6 years old she saw this. In her time of growing up it was just natural.... You could kill a black man if you were white and get away with it.

And unfortunately she took that to her grave....

This should have been over 40 years ago. Most definitely it should have been over with 1989, and without a doubt it should have been over in 2005. Everybody should have been prosecuted in 2005 and it hasn't happened.

It hasn't happened; it needs to happen; time is running out.

Listen to the complete 2007 Ben Chaney interview

Steven Taylor Hungry Blues Poetry Project New Years Marathon from Thelma Blitz on Vimeo.

If you're new to this blog or just have never checked out the song on my About page, here's the Hughes/Johnson composition. More info about it is available on the About page (scroll to the end).

"I guess if we ignore it, it'll probably go away" by like_shipwrecks (Nicole).

This is Nicole. She is one of the many talented photographers whose work I follow on flickr.

The same night that the country voted for a Black president, majorities of voters voted against gay families and the rights of gay people in California, Florida, Arizona and Arkansas.

Nicole is angry and so am I.

We are PEOPLE. We are not an alien race. We are not a cult. We are people, with lives, jobs, families, and feelings. We are constructive members of society and to deny us of rights that all PEOPLE should have is just WRONG.

Voting against us is not going to make us or the issues disappear. We're not giving up. We're fighting back. We aren't going anywhere.

We didn't vote away racism and we didn't vote away other bigotry and inequality, and these votes against GLBT people were one of this Election Day's ugliest demonstrations of what we have not yet overcome.

In California it's been saddening to also see another demonstration of what we have not yet overcome as some protesting the bigotry of Proposition 8 have been directing their anger at Black Californians. The thinking and behavior is racist---and it's wrong-headed to target a particular group as responsible for the fearfulness of a cross-section of the electorate.

My friend Adina pointed out that whether you're talking about the possible inappropriate participation of the Mormon Church in political organizing for Prop 8 or the possible votes of some Black voters for Prop 8, the fight really lies elsewhere.

But let's be real here---there was 49% turnout in San Francisco County and 55% turnout in Alameda which voted overwhelmingly against Prop 8. There was 59% turnout in San Mateo county. If we the supporters of marriage rights for all had done a better job of helping our neighbors and friends to vote, the result would have gone the other way. The result was in many respects a failure of execution. I care much less about yelling at Mormons and much more about turning out allies and persuading people on the fence about justice for all.

This is precisely how Obama won out over the fearfulness that could have prevented many more people from voting for him. We need to help the people who want to support us to follow through and we need to reach out to the people we can influence. That kind of reaching out is infectious and is what will win the day. It will win elections---but more importantly it will win us the community we need to move forward as a society.

I've seen the robins
Perched in barren treetops
They're watchin' last-ditch racists marching across the floor
Just like peace signs that melted in our dreams
Never had a chance to grow
Never had a chance to grow

Indications that someone attempted to set LaVena’s body on fire

I immediately hear Billy Holiday:

Pastoral scene of the gallant south,The bulging eyes and the twisted mouth,Scent of magnolias, sweet and fresh,Then the sudden smell of burning flesh.

I wouldn't necessarily think I should share this association as something for public consideration, except that I am also remembering something I first learned about on David Neiwert's blog: the military has become infested with Neo-Nazis.

According to a devastating Southern Poverty Law Center report (echoed in the New York Times), it's happening at an alarming rate. And it's happening because of the way the military is being handled at the very top:

Ten years after Pentagon leaders toughened policies on extremist activities by active duty personnel -- a move that came in the wake of the Oklahoma City bombing by decorated Gulf War combat veteran Timothy McVeigh and the murder of a black couple by members of a skinhead gang in the elite 82nd Airborne Division -- large numbers of neo-Nazis and skinhead extremists continue to infiltrate the ranks of the world's best-trained, best-equipped fighting force. Military recruiters and base commanders, under intense pressure from the war in Iraq to fill the ranks, often look the other way.Neo-Nazis "stretch across all branches of service, they are linking up across the branches once they're inside, and they are hard-core," Department of Defense gang detective Scott Barfield told the Intelligence Report. "We've got Aryan Nations graffiti in Baghdad," he added. "That's a problem."The armed forces are supposed to be a model of racial equality. American soldiers are supposed to be defenders of democracy. Neo-Nazis represent the opposite of these ideals. They dream of race war and revolution, and their motivations for enlisting are often quite different than serving their country."Join only for the training, and to better defend yourself, our people, and our culture," Fain said. "We must have people to open doors from the inside when the time comes."

The problem, as the report explains, is the extreme pressure military recruiters are now under to fill their recruitment quotas:

Now, with the country at war in Iraq and Afghanistan, and the military under increasingly intense pressure to maintain enlistment numbers, weeding out extremists is less of a priority. "Recruiters are knowingly allowing neo-Nazis and white supremacists to join the armed forces, and commanders don't remove them from the military even after we positively identify them as extremists or gang members," said Department of Defense investigator Barfield."Last year, for the first time, they didn't make their recruiting goals. They don't want to start making a big deal again about neo-Nazis in the military, because then parents who are already worried about their kids signing up and dying in Iraq are going to be even more reluctant about their kids enlisting if they feel they'll be exposed to gangs and white supremacists."Barfield, who is based at Fort Lewis, said he has identified and submitted evidence on 320 extremists there in the past year. "Only two have been discharged," he said. Barfield and other Department of Defense investigators said they recently uncovered an online network of 57 neo-Nazis who are active duty Army and Marines personnel spread across five military installations in five states -- Fort Lewis; Fort Bragg, N.C.; Fort Hood, Texas; Fort Stewart, Ga.; and Camp Pendleton, Calif. "They're communicating with each other about weapons, about recruiting, about keeping their identities secret, about organizing within the military," Barfield said. "Several of these individuals have since been deployed to combat missions in Iraq."

Okay, now back to Billy Holiday.The "sudden smell of burning flesh" ought to be as evocative of lynching as the nooses in Jena, LA. Lynching, after all, is extra-judicial execution of an accused person, usually Black, and it often involved burning the victims and otherwise mutilating them. Lynching does not need to involve a noose at all. In some cases, the lynch rope was only a means of displaying an already dead body. A google images search on "lynching" will get you a number of infamous photos of burning or burnt Black bodies (I'm not linking them).I am not claiming that LaVena Johnson was lynched. But indications that someone attempted to set her body on fire should raise our suspicion levels about the nature of this crime, just as we would be further alarmed if there had been a noose involved.Should I be connecting the dots this way? I don't know, but it is a possibility that will beg investigation until the military stops stonewalling LaVena Johnson's father and makes a commitment to uncover the truth and seek justice.Back to David Neiwert:

To what extent, really, does the spread of white-supremacist attitudes in the military bring about atrocities like the recent murder of a 14-year-old girl and her family, or the Haditha massacre? It isn't hard to see, after all, attitudes about the disposability of nonwhite races rearing their ugly head in those incidents.The larger political question, however, is a matter of accountability --- the avoidance of which has proven to be the Bush administration's most remarkable skill. Yet at some point, both the public and the military are going to have to ask: What is this administration doing to our armed forces?

"The Old Stamping Ground" (1937)

Personnel:

Willie "The Lion" Smith - piano

Frankie Newton - trumpet

Buster Bailey - clarinet

Pete Brown - alto sax

Jimmy McLin - guitar

John Kirby - bass

O'Neal Spencer - drums, vocal