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ORDERS TO KILL -- THE TRUTH BEHIND THE MURDER OF MARTIN LUTHER KING

PART III:  THE INITIAL INVESTIGATION

Chapter 8:  Reentry:  Late 1977-October 15, 1978

During the next nine years  I had virtually nothing to do with the civil rights or antiwar movements, having walked away after  Dr. King's funeral. I had no hope that the nation could be  reconstructed without Martin King's singular leadership. There  quite simply was no one else. Ralph Abernathy and I had had  only sporadic contact during those nine years. I had completed  degree studies in education and law and written two books, and he had taken on and then been forced to give up, with  some bitterness, the leadership of the SCLC.

***

IN LATE 1977, during a telephone conversation, Ralph told me he wasn't satisfied by the official explanation of Dr.  King's murder and wanted to have a face-to-face meeting  with the alleged assassin of his old friend. He said he would  welcome an opportunity to hear Ray's story and assess it directly for himself. Would I arrange such a meeting and accompany him?

His interest in the case was clearly motivated by the activity of  the House Select Committee on Assassinations (HSCA). HSCA investigations into the murders of President Kennedy and Dr.  King were in progress at the time.

The HSCA had been formed in 1976 in response to a growing public disbelief in the conclusions of the report of the Warren Commission on the assassination of President Kennedy. Public confidence in government had been shaken early on by the allegations of New Orleans district attorney Jim Garrison, the Watergate scandal, and the 1973 Senate  Judiciary Sub-Committee Report ( detailing the widespread  surveillance of American civilians by army intelligence). This  was followed by the Rockefeller Commission Report issued in June 1975 (detailing CIA domestic activities against American civilians) and the findings of the 1975 House Judiciary  Committee (detailing the FBI's counterintelligence program  [COINTELPRO]). Confidence in the government sank even  farther, if possible, as a result of the 1976 Church Committee  Report (which contained one hundred pages devoted to FBI  and other government agency harassment and surveillance of Dr. King), and the 1976 House Intelligence Committee  report (covering the domestic activities of the CIA).

Walter Fauntroy, a former colleague of Abernathy and King, was chairman of the HSCA subcommittee investigating King's assassination. Although I was skeptical of such committees, having experienced congressional investigations of the antiwar  movement a decade earlier, there was a general air of expectation that perhaps, at last, some of the hitherto unanswered  questions would be addressed. It occurs to me now that Abernathy may well have been looking for a way to make his presence  felt in this process.

To properly assist Ralph, I knew I had to do a considerable amount of preparation. I agreed to help him as long as no meeting took place until I believed that we were ready. I  wasn't going to become involved in any way that would embarrass King's memory or allow Ralph to be used by a clever  lawyer of Ray's. I believed we were likely to have only one  opportunity to put some serious questions to Ray and I  wanted us to make the most of it. It was clear that Ralph  would be interviewed by the press at the end of our session, and any position he took would have to be based on solid  information. If this were not the case, his renewed interest  in the case could well prove to be an embarrassment to him-  self and a disservice to Ray's latest effort to obtain a trial.  Ray had been trying to get a trial for nearly ten years. If the  man was innocent, I certainly didn't want to hurt his chances  for release. Ralph agreed to these ground rules, as did Mark  Lane, Ray's lawyer at the time.

I read everything I could find about the killing, but there wasn't a great deal available. One of the earliest and most  prominent works was Gerold Frank's An American Death, [8] which became, in effect, the official account of the case.  Years later, I came across an internal FBI document dated  March 11, 1969, the day after Ray's guilty plea hearing. This  memo to Hoover's number two and closest confidant, Clyde  Tolson, came from Assistant Director Cartha DeLoach. Specifically, he wrote:

Now that Ray has been convicted and is serving a 99-year sentence, I would like to suggest that the Director allow us to  choose a friendly, capable author, or the Reader's Digest, and  proceed with a book based on this case.

A carefully written factual book would do much to preserve  the true history of this case. While it will not dispel or put  down future rumors, it would certainly help to have a book of this nature on college and high school library shelves so  that the future would be protected.

[Underneath this is handwritten the words "Whom do you suggest?"]

I would also like to suggest that consideration be given to advising a friendly newspaper contact, on a strictly confidential basis, that Coretta King and Reverend Abernathy are deliberately plotting to keep King's assassination in the news by pulling the ruse of maintaining that King's murder was definitely a conspiracy and not committed by one man. This, of  course, is obviously a rank trick in order to keep the money coming in to Mrs. King, Abernathy, and the Southern Christian Leadership Conference. We can do this without any attribution to the FBI and without anyone knowing that the  information came from a wire tap. 

Respectfully,
C. D. DeLoach [9]

On the very next day, DeLoach transmitted an addendum in which he stated the following:

If the Director approves, we have in mind considering cooperating in the preparation of a book with either the Reader's Digest or author Gerold Frank. ... Frank is a well known author  whose most recent book is "The Boston Strangler." Frank is  already working on a book on the Ray case and has asked the  Bureau's cooperation in the preparation of the book on a number of occasions. We have nothing derogatory on him in our  files, and our relationship with him has been excellent. [10]

At the bottom of this addendum is handwritten the word "O.K." and the initial "H."

Also at the bottom of DeLoach's letter to Tolson is a handwritten reference to George E. McMillan, which apparently refers to the bureau passing certain documentation to author  George E. McMillan. McMillan, who had well-known intelligence connections, published a book on the case, The Making  of an Assassin, which was allegedly a psychological profile of Ray  and very much supported the bureau's lone assassin theory. [11]

Gerold Frank brought to light a few issues of interest. He revealed the presence of Memphis police detectives in the fire  station across the street monitoring activity at the Lorraine, and  the withdrawal on the afternoon of April 4 of one of them, Ed  Redditt, ostensibly for his own safety after there had apparently  been a threat on his life. He also mentioned the absence of  an all points bulletin (a general alert describing the suspect) and a citizens band broadcast that drew police attention away  from the downtown area where the shooting took place. He  attributed the broadcast to a teenage hoaxer. Frank also disclosed a rumor that an eleven-year-old boy had seen the shooting and run into the fire station.

William Bradford Huie's book, He Slew the Dreamer, published  in 1968, was compromised from the outset because the author  had entered into contracts with two of Ray's lawyers, agreeing  to pay them in exchange for information and leads that the  defendant would provide in response to written questions carried to him by the lawyers. [12] Initially, Huie clearly accepted the  existence of a conspiracy, even stating that the state's main  witness, Charlie Stephens, was too drunk to be transported by cab driver James McCraw around the time of the shooting.  Huie abruptly switched positions, however, to contend that Ray  was a lone assassin.

During the early years after the killing, these books and the mass media gave prominent voice to significant aspects of the  state's case. The prosecution's scenario was put out to the world as the final word.

The State's Case

The accused assassin was described as a racist whose motives for the crime were a hatred of blacks -- Dr. King in particular -- and a desire to achieve the recognition that responsibility for  such a crime provided. The state rejected out of hand the  existence of a shadowy figure named Raoul who Ray claimed  set him up and directed his movements from the moment of  their first meeting in August 1967 until the afternoon of the killing. (James never learned how the man spelled his name and spelled it differently at various times, eventually adopting  the spelling "Raoul," although the more prevalent spelling of  that Latin name is "Raul" which I have elected to use throughout.) The state claimed that Ray had allegedly stalked Dr. King  for some time, beginning the weekend of March 17, 1968,  when Dr. King arrived in Los Angeles.

Around March 22, Ray was in Selma, Alabama, near where Dr. King was scheduled to organize for his Poor People's Campaign. He was placed in Atlanta during the last week in March, leaving on March 30 to purchase the rifle. The state alleged that  on March 31 he returned to Atlanta, where he left clothes at a local laundry on April 1. The Atlanta map discovered with Ray's  belongings left behind in the Atlanta rooming house allegedly  had markings around the locations of Dr. King's house, church, and office. Carrying the murder weapon with him, Ray arrived  in Memphis on April 3, the same day on which Dr. King began  his final visit to that city.

On April 4, Ray drove to the downtown area and rented a room under the alias John Willard in the seedy rooming house at 422 Y2 South Main Street. While being shown around by landlady Bessie  Brewer, he would reject one "housekeeping room" in the south wing of the house for a smaller' 'sleeping room' , in the rear of  the north wing. This room had a view of the Lorraine Motel,  where, allegedly, Dr. King always stayed when he was in Memphis.  The old rooming house had separate entrances for each wing.  The room chosen by Ray, 5-B, which adjoined that of two long-term residents -- Charles Quitman Stephens and Grace Walden -- was at the end of a hall and near a rear-facing bathroom overlooking the motel balcony where Dr. King was standing  when he was killed. (See chart 2, page 57.)

At one point during that fateful afternoon, Ray bought a pair of binoculars at the York Arms Store on South Main, allegedly  driving there, and on his return parked his car in front of Canipe Amusement Company, just south of Jim's Grill. (See chart 3, page 58.) He then returned to his room, where he allegedly  moved furniture around, placing a chair near the window so that  he could better surveil the motel. Later on he allegedly entered  the bathroom at the end of the hall and locked the door. He  knocked a screen from the window down to the backyard area  behind the rooming house. This overgrown yard ended at an  eight-foot wall that rose up from Mulberry Street directly opposite the balcony. Standing in the bathtub (where scuff marks were left) and waiting for the right moment, he rested the rifle on the  windowsill. At 6:01 p.m. he fired a single shot, the recoil from  which dented the windowsill, and in his haste he neglected to  eject the spent cartridge. The shot traveled just over two hundred  feet, striking Dr. King in the lower right side of his face, the bullet  traveling downward and breaking his jaw, damaging his upper  spine, and coming to rest just under the skin below the left shoulder blade. 

CHARTS 2 & 3:  SOUTH MAIN STREET

Immediately after the shooting, Ray allegedly ran to his room, gathered his few belongings into a bundle, and ran down  the front stairs, being viewed, as he ran, by Charles Stephens.  (Another tenant, Willie Anschutz, also saw a man, whom he  couldn't identify, run from room 5-B down the hall carrying  some sort of package.) The state would say that, once on the street, Ray saw a police car parked facing the street near the  sidewalk in the driveway of the fire station which caused him to panic and drop the bedspread-wrapped bundle in the recessed  doorway of Canipe Amusement Company. He then jumped  into his white Mustang just south of Canipe's and drove to  Atlanta, where he abandoned the Mustang.

Ray then made his way to Canada and eventually to England as Ramon George Sneyd, in whose name he was able to obtain a  passport, The state contended that in his determination to get as  far away as possible, and in line with his racist inclinations, he  explored the possibility of going to Rhodesia. When he was unable to arrange this during a trip to Portugal, he returned to England, where he robbed a bank. He was finally apprehended at  Heathrow Airport while on his way to Brussels, where he had intended to explore other African emigration possibilities.

As to the funds he needed to live on during his fugitive period beginning April 23, 1967, the state contended that he committed  various robberies, first in Canada and later in the United States.  No evidence whatsoever existed of Ray receiving assistance from anybody, except perhaps members of his own family.

The picture of James Earl Ray that emerged then -- as put out by the authorities from the time he was first identified on  April 19, 1968, until he entered a plea of guilty on March 10,  1969, and ever after -- was that of a dangerous career criminal  who was also a bitter racist and a loner.

The Dissent

The only substantial dissenting voice in print in the early years  after the assassination was that of investigative writer Harold Weisberg, who relied heavily on the findings of journalist Matt  Herron (who was on the scene), news reports, articles, and  telephone interviews.

Weisberg's book, Frame Up, [13] published in 1971, raised a number of new issues. They included the following:

  • Eyewitness evidence of chauffeur Solomon Jones seeing some one in the brush immediately after the shot.

  • A last-minute change of Dr. King's hotel from the Rivermont to the Lorraine and a change of his originally assigned room  at the Lorraine.

  • The presence of another white Mustang, parked in front of Jim's Grill, within one hundred feet of the Mustang parked  in front of Canipe Amusement Company.

  • The inability of the FBI laboratory to conclusively match the death slug to the alleged murder weapon.

  • The absence of any fingerprints of Ray in the rooming house.

  • The transfer of black firemen from the fire station near the scene the evening before the killing.

  • The CB "hoax" broadcast that took place moments after the shooting, which Weisberg found indicative of the existence of  a conspiracy.

He also briefly discussed a Louisiana state trooper named Raul Esquivel, whose Baton Rouge barracks contained a telephone whose number Ray had allegedly called. Weisberg obtained the number from Los Angeles Times reporter Jeff Cohen, who said he was given it by Charles Stein, whom Ray met in California and who rode with him from Los Angeles to New Orleans in December 1967. Stein allegedly had seen Ray dial the number and wrote it down.

Weisberg drew attention to the potential conflict of interest arising out of the literary contracts signed by Ray, his successive  lawyers, and author William Bradford Huie. He also discussed  at length the hostility of Hoover and the FBI toward Dr. King and the harassment he suffered at their hands. He developed  early on a case for a conspiracy, with Ray as a pawn manipulated by a man named Raul.

Mark Lane 's book, Code Name Zorro, published in 1977, provided other new information pointing to leads and discrepancies in the state's case. [14] Lane referred to the fact that a "screen" of bushes behind the rooming house had been cut  down some time after the shooting. He disputed the official  reason given by the MPD that the order to remove detective  Redditt from his post shortly before the shooting was a result  of a threat on Redditt's life. Redditt also told him that the  Invaders were infiltrated by a black undercover cop who was an agent provocateur for violence and illegal activity. Redditt met him years later when the agent, who was undercover, pleaded for his cover not to be blown, saying that he was currently working for the CIA.

Lane's account further disputed the official story by contending that Dr. King had never previously stayed at the Lorraine. He quoted Memphis reporter Kay Black, who had  covered some of Dr. King's earlier visits. She said that she remembered him staying at the Claridge Hotel, and before his  last visit she didn't even know where the Lorraine Motel was  located. Lane also questioned what had happened to the rooming house's register, which had long since disappeared.

Clearly only the secondary press attempted to raise the issues of  the case and generate discussion about Ray's guilt or innocence.

Quietly and behind the scenes, as other commitments allowed, I began to investigate. When I became aware that on  September 10, 1976, the MPD burned all the files of its intelligence bureau, despite an effort by the American Civil Liberties  Union (ACLU) to prevent their destruction, I realized that a  reconstruction of the events leading up to the assassination was  going to be that much more difficult.

***

I TURNED WITH NEW INTEREST TO THE ACTIVITY OF THE HSCA. The first year of its work had been turbulent. Its first chief counsel,  former Pennsylvania prosecutor Richard Sprague, a tough, honest  professional, had been summarily replaced by Cornell University  law professor G. Robert Blakey in early 1977.

Following Sprague's removal in the wake of concerted personal attacks against him by the press, it was evident that the  scope of the subcommittee inquiry on Dr. King's death had become restricted solely to James Earl Ray and his brothers,  John and Jerry.

In an interview with Sprague shortly after his dismissal, he  told me he had taken the job because he was promised a free  hand by the Ninety-fifth Congress, yet hardly had the commit-  tee been organized when House Speaker Tip O'Neill demanded, in order to justify additional funds, that it "prove" to  the Congress there was a conspiracy. Sprague maintained that after he left, the committee's approach changed drastically.  Whereas he had been committed to an open-ended, formal  investigation for as long as it took and regardless of where it led, the new chief counsel clearly favored an approach that  Sprague termed "evaluative" (as opposed to "investigative"), which focused on closing rather than opening doors. Articles,  books, and stories were evaluated individually, without cross-  referencing, so they couldn't be used as sources for new information. Sprague was cynically resigned to the fact that the public didn't care. He believed that Congress and the executive  branch were at best never interested in a real investigation and  at worst committed to covering up the truth. Chief deputy  counsel Robert Lehner eventually resigned, disagreeing with Blakey's decision LO limit the investigation to the Ray brothers.

During the HSCA investigation, the media again turned their focus on Ray. Time set the tone in its January 26, 1976 issue  with an article variously referring to him as a "narcotics addict" and a "narcotics peddler," based on George McMillan's book. [15]  Missouri Corrections Department chief George M. Camp tried  to contact McMillan for details about the allegation in his book  that Ray financed the killing of Dr. King by selling drugs as  an inmate. Camp stated publicly that McMillan's charges were  "totally unsubstantiated" and that he wanted McMillan to  "either put up or shut Up." [16] Aside from the St. Louis Post  Dispatch's coverage, Camp's refutation was ignored around  the country.

A UPI wire service release on January 25, 1978 -- at the beginning of the last year of the investigation -- also variously referred  to Ray as having gone "insane" (1963-1964), sending an "obscene letter" to the post office (1967-1968), constantly reading  "girlie magazines," harassing "two women with late night telephone calls" (1967- 968), being involved with "drug traffic" and even having "cheated fellow prisoners in crooked card  games."

***

ROBERT BLAKEY WAS A PURPORTED EXPERT ON ORGANIZED CRIME who had taught at both Notre Dame and Cornell law schools. At  Cornell he was the director of its Institute of Organized Crime, and previously he served as a special attorney with the Organized Crime and Racketeering Section of the U.S. Department of Justice under Robert Kennedy.

As my investigation proceeded during these early days, I re-  viewed a copy of a most unusual affidavit executed by Blakey on February 4, 1976.17 It was prepared and submitted to the  court in a civil action brought by Cleveland- Las Vegas crime  syndicate leader Morris Dalitz against Penthouse magazine as a  result of an article that alleged the involvement of organized crime in the development of Rancho La Costa California resort. [18] The allegation of criminal involvement was tied to Dalitz's involvement with the project.

Blakey, as an expert witness, contended that Moe Dalitz had no connection with organized crime. [19] This was extraordinary because it was by then a well-established fact that Dalitz was a  long-time major syndicate operator. Subsequently, on September 10, 1979, the Wall Street Journal noted that Dalitz had long  been identified by federal authorities as an ongoing senior advisor to organized crime.

Because the murder of Dr. King could well have involved  elements of organized crime, I was concerned that the counsel steering the investigation would take such a position only a  short time before he took over control of the HSCA. (Blakey's expert opinion was ultimately not accepted and Penthouse's defense of the piece was successful.)

I was also very uneasy with the new chief counsel's apparently cozy relationship with the CIA and the FBI, which moved him  to give the intelligence agencies influence over his staffs requests for files, documents, and records. Other factors were  unsettling as well: the early removal of twenty-eight staffers, the  insistence on secrecy (even the requirement that all staff sign nondisclosure agreements, with harsh penalties for violation),  the instruction to staff members that they were to have no contact with critics without Blakey's personal authorization, and  the absence of accountability of committee consultants to anyone beyond the immediate committee leadership. I was thus  led to conclude early on that the reconstituted committee leadership had no intention of conducting an independent  investigation.

My misgivings about the HSCA were reinforced when in the  summer of 1978 I learned about a clandestine assignment given  to previous FBI informer and HSCA undercover agent Oliver Patterson to establish a relationship with Ray's brother Jerry, and to provide as much information as possible from these contacts. He was instructed to obtain hair samples from Jerry and to go through his personal things from time to time, looking for anything that might be of interest, including  correspondence.

In August 1978 Patterson was instructed to publicly discredit  Mark Lane, who was James Earl Ray's lawyer at the time.

In a sworn statement dated August 14, 1978, Patterson stated that his HSCA handlers instructed him to give a private interview to New York Times reporter Anthony J. Marro on Monday, August 7, 1978, in which he was told to accuse Mark Lane of being gay, state that Lane had told him that he knew there was no person named Raul, and further allege that his [Patterson's] own undercover work had confirmed James Earl Ray's guilt.

When Lane (tipped off by Susan Wadsworth, a friend of Patterson's) uncovered the plot and confronted Patterson, Patterson agreed to cooperate with him. Consequently, when Marro arrived at noon at the designated St. Louis hotel he found himself walking into a room filled with news cameras  and reporters. He ran from the room with Lane behind him  asking whether he wanted the truth. Lane then addressed a  press conference, and with Patterson and Wadsworth present  revealed the history of the HSCA's illicit use of Oliver Patterson. Affidavits setting out details about this matter were executed by Wadsworth, and another friend of Patterson, Tina  Denaro.

Chief counsel Blakey subsequently issued a statement in which he said that a complete investigation of Patterson's allegations would be made but that on the basis of a preliminary investigation, "the Committee categorically denies each and every allegation of wrongdoing. It states with assurance that no  federal, state, or local law, or any rule of the House or of the  Committee has been violated by the investigator or by any other  member of the Committee staff."

Patterson never repudiated his allegations against the committee.

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