Former Ku Klux Klan Member Found Guilty of Manslaughter in 1964 Murders

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• RAY SUAREZ:

  We begin in Mississippi, where justice, delayed for more than four decades, finally was served earlier today.

• JURY FOREWOMAN:

  We the jury find the defendant, Edgar Ray Killen, as to count one, guilty of manslaughter.

• RAY SUAREZ:

  Sitting in a wheelchair with an oxygen tube attached to his nose, 80-year-old Edgar Ray Killen showed no emotion as a jury found him guilty of manslaughter in the slayings of three civil rights workers exactly 41 years ago.

  The jury of nine whites and three blacks read the verdicts just after noon today, on the second day of deliberations. They rejected murder charges against Killen, but also turned down claims by the defense that he wasn't involved in the crimes at all. After being comforted by his wife, Killen was taken into police custody. He now faces up to 20 years in prison [for each count of manslaughter].

  During the trial, Killen was portrayed by prosecutors as a Ku Klux Klan leader who recruited a mob to kill Michael Schwerner, Andrew Goodman, and James Chaney. The crimes triggered outrage across the country, and energized the civil rights movement. Neshoba County District Attorney Mark Duncan spoke after the verdict.

• MARK DUNCAN:

  For too long we've borne the burden of what was done here by a handful of people 41 years ago. Now today, like I said in court, I know the character of the people of this town. And I know there were good people here back in 1964, but today we've shown the rest of the world the true character of the people in Neshoba County.

• RAY SUAREZ:

  The three civil rights workers had traveled to Mississippi to investigate the torching of a black church. They were arrested for speeding, jailed briefly, and then ambushed by a gang of Klansmen late on the night of June 21, 1964. It was 44 days before their bodies were found, buried in an earthen dam. The trio had been beaten and shot to death. Their burned station wagon later was pulled from a swamp.

  Edgar Ray Killen was a part-time preacher and sawmill operator at the time. He was tried in 1967 on federal charges of violating the victims' civil rights, but the all-white jury deadlocked when one juror refused to convict. Seven others were convicted, but none served more than six years.

  Thirty-eight years later, Killen became the first person in the case ever brought up on state murder charges. He never took the stand during this trial, but has long claimed that he was at attending a wake at a funeral home when the victims were killed.

  Today, relatives of the victims expressed their satisfaction with the verdict, but Michael Schwerner's widow, Rita Bender, now 63, said the State of Mississippi still has a long way to go to reconcile its history.

• RITA BENDER:

  The fact that some members of that jury could have sat through that testimony, indeed could have lived here all these years, and could not bring themselves to acknowledge that these were murders, that they were committed with malice, indicates that there are still people unfortunately among you who choose to look aside, who choose to not see the truth. And that means there's a lot more yet to be done.

• RAY SUAREZ:

  The judge is expected to set a sentencing date for Edgar Ray Killen on Thursday.

• RAY SUAREZ:

  And we're joined once again by Jerry Mitchell, a reporter with the Clarion-Ledger in Jackson, Mississippi. He's been following developments in the area in this legal saga for 15 years.

  Jerry Mitchell, welcome. Edgar Ray Killen was found guilty of three counts of felony manslaughter, rather than murder. What's the difference?

• JERRY MITCHELL:

  Well, it has to do with intent to kill. Basically, there is a statement by one of the Klansmen who said that Killen had told him they were going to go up and tear their rear ends up, and that may be what the jurors seized on as opposed to inferring that it was murder by other evidence, which — such as the fact that they had to get rubber gloves and other things and set him up for an alibi at the funeral home. So those are the kind of factors that led, perhaps, for the jury to conclude that it was manslaughter as opposed to murder. Plus I think it was a compromise verdict.

• RAY SUAREZ:

  Well, let's talk a little bit about how that became a possibility. Was it always a possibility for the jurors to find on a lesser charge?

• JERRY MITCHELL:

  Well, actually, the prosecutors are the ones who put the lesser charge in front of the jury. It wasn't a defense strategy. It was a prosecution strategy, figuring that if the jury couldn't agree on murder, that at least they could be able to fall back on manslaughter, and that's what happened.

  It appears that some of the jurors weren't as convinced of his guilt as others, and so they ended upon compromising on the manslaughter verdict, at least from the initial conversations with jurors that we've had.

• RAY SUAREZ:

  Well, last night, it came to light that there had been a 6-6 poll, an even split on whether to convict.

• JERRY MITCHELL:

  Right.

• RAY SUAREZ:

  Is that when this prosecution offer might have taken place?

• JERRY MITCHELL:

  It's uncertain, although I tend to think now that that split — that 6-6 split may have been on murder-manslaughter. There may have been some split along those lines, although some of those people who eventually backed the manslaughter may have actually been on the side of preferring acquittal. But in the end, they — I think it definitely was a compromise verdict. They compromised on manslaughter.

• RAY SUAREZ:

  Since the verdicts were announced, we've seen a lot of reaction from people who were pulling for the prosecution, let's say. What did the defense have to say for itself when it was all over?

• JERRY MITCHELL:

  Basically they said that they planned to appeal the case. They feel like there are grounds on the fact that the transcript testimony was used. They feel like there are a lot of things going against Mr. Killen, a tremendous amount of publicity surrounding this case, other things like that that they point to that feel like, really, went against him.

  Although his lawyer, interestingly, told me that if Mr. Killen had been tried anywhere but Neshoba County, he would have probably been convicted of first degree murder. That's what he said.

• RAY SUAREZ:

  Now in the summation, the defense attorney said that the prosecution wasn't able to put Edgar Ray Killen at the murder scene, wasn't able to put a weapon in his hand.

• JERRY MITCHELL:

  Right.

• RAY SUAREZ:

  Is that a fair reflection of what the jury heard?

• JERRY MITCHELL:

  That's what the defense — that's what the defense claimed. And I might point out it's not unusual for these kind of cases to take place where someone's not at the murder scene. I think some people get misled by that.

  For example, if there's a mafia hit, I mean the person who ordered it is not going to be at the scene. They're going to have an alibi. In a case close to our hearts, Osama bin Laden, obviously, wasn't here in America when those planes flew into the World Trade Center.

  So, I mean, I think the presence of someone to have taken part in a murder I don't think is actually required, and the state never claimed that he was there.

• RAY SUAREZ:

  Now, there have been several other cases, similar to this one, looking at crimes in the 50s and 60s.

• JERRY MITCHELL:

  That's true.

• RAY SUAREZ:

  Are there any other defendants from the Goodman-Schwerner-Chaney killing who may, as a result of this prosecution, now face further jeopardy?

• JERRY MITCHELL:

  Well, it's an interesting question. The prosecutors say they don't know at this point; they don't anticipate any other charges because they say Mr. Killen was the only one the grand jury indicted, but we'll see.

  Further evidence could develop. There are obviously seven other suspects who are living in this case, and there may be other cases as well, such as the Emmet Till case that the state and federal authorities are now look at in Mississippi, and other cases across the country.

• RAY SUAREZ:

  Let's talk a little bit about the world outside the courtroom. If you were to describe what people outside the courtroom and why — in the wider streets of Mississippi and in Neshoba County had to say about the verdict, how would you describe it?

• JERRY MITCHELL:

  Well, I think there's a split. I mean, some people feel like this is a great thing. It helps Neshoba County and Mississippi move beyond this dark chapter and its past.

  Other people felt like this case shouldn't have been brought up at all. They feel like, you know, this happened a long time ago; it should just be forgotten about. And so I guess the only thing they were grateful for is the fact the case is over now.

• RAY SUAREZ:

  Is there a sense that the race relations in the place have really changed, or were there times both during the trial and in the public comment on the trial itself where you heard things that may have surprised you or sounded like they were from another time?

• JERRY MITCHELL:

  Well, we definitely heard some of that from the witness stand. We had one witness, the former mayor, get up and say the Klan was a peaceful organization, and said that the Klan had really done some good. And so that was kind of stunning to hear those kind of remarks here in the 21st Century.

  So — but it's — the good news is I think race relations have changed tremendously in Mississippi over the past four decades. Back when these three young men gave their lives so that all Americans could vote, there were very few African-Americans who could vote in this state.

  Today, Mississippi has more black elected officials than any other state. So, yes, Mississippi still has a long ways to go, but it certainly has to be credited for the progress it's made.

• RAY SUAREZ:

  Jerry Mitchell, thanks again for being with us.

• JERRY MITCHELL:

  Thank you.