U.S. Department of Justice 


Office of Legi ... lath e Affair ... 


SEP 23 2011 

The Honorable Joseph R. Bidell, Jr. 

President Pro Tempore 

United States Senate 

Washington, D.C. 20510 

Dear Mr. President: 

Enclosed please find a report to Congress about the Department's activities regarding 

civil rights era homicides, as requi red by the Emmell Till Unsolved Civil Rights Crimes Act of 

2007. 

Sincerely. 

Ronald Weich 

Assistant Attomey General 

Enclosure 
THE ATTORNEY GENERAL'S 


THIRD ANNUAL REPORT TO CONGRESS 


PURSUANT TO THE EMMETT TILL 


UNSOLVED CIVIL RIGHTS CRIME ACT OF 2007 


AUGUST 2011 

I 

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INTRODUCTION 

This report is submitted pursuant to the Emmett Till Unsolved Civil Rights Crime Act of 

2007 ("The Till Act"). I This third Department ofJustice ('"001" or "Oepartmenf') Report is 

updated with the Department's activities in the year since the second report2 and summarizes 

prior Department activities in order to present a comprehensive picture ofthe Department 's 

eITorts regarding unsolved civil rights murders predating December 31,1969. 

Section I of the Report gives a history of the Department's civil rights cold case work and 

provides an overview of the factual and legal chall enges we face in our ongoing efforts to 

prosecute unsolved civil rights era homicides. Since the last report, Department attorneys and 

FBI agents worked with local officials to bring a successful state prosecution: participated in a 

local grand jury investigation with a federal prosecutor cross-designated as a deputy district 

attorney; successfully defended one of our federal convictions on appellate review; interviewed 

potential witnesses; and reviewed thousands of pages of documents, files, news accounts, and 

evidence. We have now concluded our investigation into 79 of III cold cases involving 124 

victims. Though very few prosecutions have resulted from these exhaustive efforts, the 

Department's efforts to review these matters have helped bring closure to many family members 

of the victims. This Section describes the Department's efforts locating the victims' next of kin, 

personally notifying them ofthe closure, and providing them with a detailed letter explaining the 

facts oftheir relati ve's case and our decision. 

Section II of the Report sets forth the steps we have taken since we began the Cold Case 

Initiative in 2006. It describes how our efforts to bring justice and/or closure to the families have 

evolved to the point where it has become apparent that most of these cases will not result in 

prosecutions. This Section descri bes our ongoing efforts to generate leads, uncover relevant 

infonnation and heighten public awareness through extensive outreach efforts. This year in 

particular, the Department conducted significant outreach via the media. Section II chronicles 

Pub. L 110 - 344 (2008). The Act requires the Attorney General to annually conduct a study 

and report to Congress not later than six (6) months after the date of enactment of this Act, and 

each year thereafter. Among other issues, the study and report is required to discuss the number 

of open investigations within the Depanment for violations of criminal civil rights statutes that 

OCCUlTed not 1ater than December 31, 1969. and resulted in a death. The Act also requires the 

repon to discuss any applications submitted for grants under section 5, the award of any grants, 

and the purposes for which any grant amount was expended. Additionally, the Act requires the 

Attorney General to designate a Deputy Chief in the Criminal Section of the Civil Rights 

Division to coordinate the investigation and prosecution of these criminal cases. and authorizes 

the Deputy Chief to coordinate investigative activities with State and local law enforcement 

officials. 

2 The Attorney General's First Report to Congress Pursuant to the Emmett Till Unsolved Civil 

Rights CrimI;! Ac t of2007 was submitted on May 13.2009. The Secund RCp0l1 was submitted 

on August 5, 2010. 
our cold case presentations at national conferences, in classes, and as part oftown hall meetings. 

And, this Section updates the Department's litigation efforts regarding our successful 

prosecution of James Ford Seale for the 1964 murders ofCharles Moore and Henry Dec. The 

Department has engaged in extensive appellate li tigation to uphold this important conviction. On 

March 12,2010, the Fifth Circuit affinned the conviction, and on October 4,2010, Scale's 

petition to the U.S. Supreme Court for certiorari review was denied. 

Section III ofthe Report sets forth where things currently stand with respect to the III 

matters opened for review during this process. Section III identifies by name all 124 victims and 

the approximate date and location of death. It also identifies the three cases which were 

successfully prosecuted and the 76 matters for which, after significant investigation and review, 

we have made a decision to close without prosecution. In the majority of the matters that we 

have closed without prosecution, all identified subjects are deceased. In others, there is 

insufficient evidence to establish that a racially motivated homicide prosecutable under a civil 

rights statute occurred, as opposed to some other manner of death outside the scope of the Til l 

Act. The Department's work pursuant to the Till Act is continuing in earnest. We beli eve that 

we have made substantial progress this year, and look forward to continued progress in the 

upcol11mg year. 

I. 	 HIE DEPARTMENT OF JUSTICE 'S EFFORTS TO INVESTIGATE AND 

PROSECUTE UNSOLVED C IVIL RIGHTS ERA HOMICIDES 

A. 	 Overview and Background 

For more than 50 years, the Department has been instrumental in bringing justice to some 

of the nation's most horrifi c civil rights era crimes, including through the Department's 

groundbreaking 1967 federal prosecution of 19 subjects for the 1964 murders of three civil rights 

workers in Philadelphia, Mississippi, a case commonly referred to as the "Mississippi Burning" 

case in which seven defendants were convicted. These crimes occurred during a terrible time in 

our nation's history when all too often crimes were not fully investigated or prosecuted or 

evidence was ignored by juries because ofthe color of the victims' skin. The Department 

believes that racially motivated murders from the civil rights era constitute some ofthe greatest 

blemishes on our history. Accordingly, the Department continues to lend its assistance, 

expertise. and resources to assist in the investigation and possible prosecution of these matters. 

Unfortunately, fedcra ljurisdiction over th ese historic cases is quite limited. The Ex Post 

Facto Clause of the Constitution and federal statutory law limit the Department's ability 10 

prosecute mosl civil rights era cases at the federal level. For example, two of the most important 

federal statutes that can be used to prosecute racially motivated homicides, 18 U.S.c. § 245 

(interference with federally protected activities) and 42 U.S.c. § 3631 (interference with housing 

rights), were not enacted until 1968. Another important federal statute that can be used to 

prosecute racially motivated homicides, 18 U.S.c. § 249. was enacted in 2009. Under the Ex 
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Post Facto Clause, these statutes cannot be applied retroactively to conduct that was not a federal 

crime at the time ofthe ofTense. 

The five-year statute of limitations on federal criminal civil rights charges presents 

another limitation on such prosecutions. In 1994. death-resulting violations of 18 U.S.c. § 242 

(civil rights violations committed under color of law) and 18 U.S .c. § 245 (interference with 

federally protected activities) became capital offenses; as capital ofTenses, these stanlles are no 

longer subject to a statute of limitations. However, even death-resulting civil rights violations 

that occurred prior to 1994 are governed by the then-existing five-year statute of limitations. 

The Fi fih Amendment's protection against double jeopardy prohibits the re-trial, in the 

same court, for the same offenses, of persons who were previously found not guilty or who were 

convicted but received shockingly light sentences. There is no exception to this constitutional 

protection regardless of how biased the jury, how inadequate the prosecution or how 

misinfonned the court might have been. 

In addition, there arc certain difficulties inherent in all cold cases: subjects die; witnesses 

die or can no longer be located; memories become clouded; evidence is destroyed or cannot be 

located; original investigations lacked the technical and scientific advances relied upon today. In 

addition, with regard to civil rights cold cases, it appears that in some instances, members of 

local law enforcement agencies were either themselves members of the Ku Klux Klan, or 

sympathized with Klan viewpoints, which may have impacted their investigations into racially 

motivated homicides. Most investigators agree that the first 48 to 72 hours are crucial 10 solving 

a homicide case. Witnesses are easier to locate, and their recollections generally prove more 

accurate soon after the incident. Investigators also agree that if a homicide is not solved within 

the first year, the chance of it ever being solved plummets. Even with our best efforts, 

investigations into historic cases are exceptionally di fficuit, and justice in few, if any, of these 

cases will ever be reached inside of a courtroom. Notwithstanding these legal and factual 

limitations, the Department believes that the federal government can still play an important role 

in these cases. 

The Department has always been willing to reassess and review cold eases when new 

evidence comes to light, and, as set forth below, played a major role in successfully prosecuting 

three such cold cases prior to the launching of the Cold Case Initiative. In order to further the 

Department's mission, in 2006, the FB I began its Cold Case Initiative to identify and investigate 

the murders committed during our nation's civil rights era. 

In October 2008. the Till Act was signed into law, directing the Department to designate 

a Deputy Chiefin the Civil Rights Division to coordinate the investigation and prosecution of 

civil ri ghts era homicides, and a Supervisory Special Agent in the FBI's Civil Rights Unit to 

coordinate the investigation of these cases. The Civil Rights Di vision and the FBI were also 

gi ven the authority to work with State and local law enforcement officials. 
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B. Pre-Cold Case Initiative Efforts 

For many years now, the Department has played an important role in the investigation 

and prosecution of civil rights era homicides, notwithstanding the constitutional and 

jurisdictional limitations noted above. Even prior to launching the Cold Case Initiative in 2006, 

the Department was able to play an important - indeed. essential - role in three successful cold 

case prosecutions. 

For example, in 1997. the FBI reopened the investigation into the 1963 bombing of the 

Sixteenth Street Baptist Church in Binningham, Alabama which resulted in the deaths of an 

eleven-year-old and three fourteen-year-old girls. Civil Rights Division attorneys worked with 

the U.S. Attorney for the Northern District of Alabama in conducting a federal grand jury 

investigation. We were able to assume federal jurisdiction because a predecessor statute to the 

current arson and explosives statute, 18 U.S.c. § 844, provided that in situations where death 

resulted from an explosive transported in interstate commerce, the penalty was death, and under 

18 U.S.c. § 3281, crimes punishable by death have no statute of limitations. Ultimately, we 

could not prove that the explosive traveled in interstate commerce, so we released the !,'Tand jury 

investigation to the State of Alabama. State charges were filed against defendants 

Thomas Blanton and Bobby Cherry in Binningham, Alabama, in May 2000. G. Douglas Jones, 

at the time the U.S. Attorncy for the Northern District of Alabama, was cross-designated to serve 

as the lead prosecutor in the state trials. Defendant Blanton was convicted in April 200 I, and 

sentenced to four life tcnns; Cherry was convicted in May 2002, sentenced to four life tenns, and 

died in prison in 2004. Thus, this case - which was investigated by federal agents and a federal 

grand jury, and ultimately successfully prosecuted by a federal prosecutor in state 

court - provides a perfect example ofthe Department's efforts to find creative ways to pursue 

civil rights era cases. 

In 1999, the Civil Rights Di vision and the U.S. Attomey's Office for the Southem 

District of Mississippi reopened the investigation into the 1966 murder of Ben Chester White. an 

elderly African-American farnl worker, by Ernest Henry Avants, a Mississippi Klansman. 

Avants, along with two other men. lured White to Pretty Creek Bridge in the HOl11ochitto 

National Forest outside of Natchez, Mississippi. Once there, White was shot multiple times wi th 

an automatic weapon, and also was shot in the head with a single barrel shotgun. Following the 

killing, which was intended to lure Dr. Martin Luther King, Jr. to the area, White's body was 

thrown orr the hridge. His bullet ridden body was discovered several days later. A 1967 state 

prosecution for murder resulted in an acquittal for Avants and a mistrial for another de fendant 

who is now deceased. A third derendant, also now deceased, was never prosecuted by state 

officials. The Justice Department opened an investigation into the death of While in 1999, using 

a federal statute that prohibits murder on rederal property_ 18 U.S.C. § 1111. Avants was 

indicted in June 2000, convicted in Febnmry 2003. sentenced to life in prison in June 2003 , and 

died in prison in 2004. 
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Another matter in which federal resources contributed to the conviction of a civil rights 

era murderer involved the reopened investigation into the 1964 "Mississippi Burning" case. At 

the time of the murders, the Assistant Allomey General for the Civi l Rights Division, John Doar. 

personally led the investigation and prosecution of these murders. Despite facing extraordinary 

hurdles. he was able to secure the convictions of 7 of the 18 defendants charged with these 

murders; however, they received sentences ranging from just 4 to 10 years of imprisorunent. 

One of the ringleaders, Ku Klux Klan member Edgar Ray Killen, received a mistrial because one 

of the jury members refused 10 convict a "preacher." The Department, however, remained 

committed to ensuring that Justice eventually prevailed in that case. The FBI worked with local 

law enforcement and provided invaluable assistance on the reopened investigation, which 

resulted in the indictment of Killen on three counts of state murder charges on January 6, 2005. 

Killen was finally convicted on June 21, 2005 for three counts of manslaughter for his 

involvement in the case. The then-80-year-old Kill en was sentenced to twenty years for each 

count, to be served consecutively. 

In addition to the three sllccessful cold case proseclltions, the Department also made 

significant contributions in the recent re-investigation ofthe murder of Emmett Till, the 

14-year-old victim ofa brutal murder in Money, Mississippi in 1955, and the individual for 

whom the Congressional Act authorizing renewed federal investigations of these cold cases is 

named. Photographs ofMr. Till"s mutilated body caused a national outcry and galvanized the 

civil rights movement. In a 1955 state prosecution, a jury of 12 white men acquitted the two 

men, now deceased, ofmurdering Mr. Till. Shortly after the trial, protected by the double 

jeopardy clause, the two men admitted to a magazine reporter that they had killed the 

teenager. Since then, allegations persisted that there were others - most of whom are also 

deceased - involved in the murder. At the request of the District Attorney for the 41h Judicial 

District of Mississippi and the Department's Civil Rights Division, the FBI commenced a new 

investigation of the murder in May 2004, and in March 2006 turned over a more than 8,000 page 

report to the District Attorney.) The District Attorney presented the matter to a grand jury in 

February 2007 and the grand jury declined to issue any new indictments in the matter. Although 

the grand jury did not issue an official report on the matter, several members of the biracial grand 

jury spoke with members of the press, and they reported that the grand jury unanimously agreed 

that there was insufficient evidence to establish probable cause that any surviving individual 

participated in the kidnapping or murder of Mr. Till. In March 2007, the FBI and the District 

Attorney met with family members of Mr. Till and discussed the investigative findings with 

them. AJJilionully, the FBI produced a detailed report on the investigation, a redacted version 

of which is available on the FBI 's website at http://vault.fbi.gov/Emmett/20Till/20. Although 

) The five-year statute of limitations on any potential federal criminal civil rights violation has 

expired, and there were no other applicable federal statutes; thus, there was no possibility of a 

federal prosecution. 
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this particular case did not result in a successful prosecution, we believe that the exhaustive 

investigation conducted by the FBI gave some sense of closure to the victim's family members 

and the community. Additionally, the investigation served to benefit history by unearthing the 

long-lost transcript of the 1955 trial. 

These four cold cases represent the four different models in which the Department of 

Justice has participated in the investigation and prosecution of civil-rights era crimes: 

I) non-ci vii rights federal statutes, such as the federal murder statute, have been used to 

successfully prosecute the perpetrators in federal court; 2) when the federal investigation failed 

to establish federal jurisdiction, a federal prosecutor was cross·designated to serve as a state 

prosecutor and was able to use the federal investigation in a successful State trial; 3) fede ral and 

local investigators have jointly investigated and provided assistance to a State prosecutor in an 

effort to bring a State prosecution; and 4) a thorough investigation has been completed and even 

though no prosecution has resulted, some closure has been provided. 

II. T HE COLD CASE INITIAT IVE 

A. Overview 

In order to further the Department's commitment to investigating and prosecuting civil 

rights era homicides, the FBI in 2006 began its Cold Case Initiative (the "Initiative") to identify 

and investigate the murders committed during the civil rights era. The Department and the FBI 

have jointly participated in a l11ulti·faceted strategy to address these investigations. 

The first step was to identify cases for inclusion under the lnitiative. Each ofthe 56 FBI 

field offices was directed to identify cases within itsjurisdiclion that might warrant inclusion on 

a list of cold cases meriting additional investigation. In 2007, we began the next phase oflhis 

initiative, which includes a partnership with the National Association for the Advancement of 

Colored People (NAACP). the Southern Poverty Law Center (SPLC), and the National Urban 

League to identify possible additional cases for investigation and to solicit their assistance with 

already identified matters. 

As the investigations progressed, we fully realized the challenges associated with locating 

surviving subjects, witnesses and family members of the victims. In an effort to generate leads 

and other infonnation. we began an extensive outreach campaign, soliciting assistance from 

community groups and other Non·govcrnmcntal Organizations (NGOs), engaging the academic 

community, reaching out to the media, and working with state and local law enforcement 

organizations. We have received valuable infomlation as a result of these efforts. When our 

work on the Initiative began, we had identified 95 matters for inclusion. Largely as a result of 

our outreach efforts. that number has now grown to 111, and our outreach campaign will 

continue. At a minimum, we believe that our demonstrated commitment already has provided 
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the communities with the assurance that they are being heard and that the Department is doing 

everything possible to investigate these important cases. 

B. Ongoing Outreach Efforls 

As part oflhe Department's efforts to uncover rel evant infonnation regarding our 

unsolved civil rights era homicides. we continue to engage in a comprehensive outreach 

program, meeting with a broad array of interested indi viduals and organizations. 

I . Meetings with NGOs and Community Activists 

In July 2010 and June 2011, the Assistant Attorney General for the Civi l Rights Di vision 

and other Department officials met with the Chainnan of the Emmett Tilt Justice Campaign 

("ETJC") to discuss issues related to the Till Act. These meetings followed up on a July 2009 

meeting during which the Attorney General met with the ETJC Chainllan, a cousin ofMr. Till, 

and other interested advocates, academics, journalists and members of the media to discuss 

issues related to the Till Act. During an earlier meeting, Department officials met with a number 

of key supporters of the Cold Case Initiative, including the ETJC Chainnan. and the brother of 

slain civi l righ ts worker James Chaney to update them on the status of the Department's cold 

case work. During these meetings, we also discussed how these groups and individuals could: 

I) help law enforcement locate witnesses and family members of the victims; 2) assist in 

providing psychological comfort and closure to victims; and 3) fulfill a historical role by 

documenting the stori es underlying these cases through investigative journalism, research, and 

documentary films. In addition to these fonnal meetings, senior Department officials are in 

regular contact with the ET JC Chainnan and other interested individuals and groups. We expect 

these productive dialogues with these groups to continue throughout the Initiative. 

Senior officials with the Department and the FBI have also met with and wi ll continue to 

meet with representatives from the NAACP, SPLC, and the Na tional Urban League. The 

purpose of these meetings is threefold: 1) to encourage those organizations to reach oul to their 

fi eld offices and to try to oblain infonnation on cold cases; 2) to provide the organizations with 

updates on our progress; and 3) to educate these organizations on the scope of the Till Act and 

the impediments that we face in pursuing these matters. 

11 . Law Enforcement Outreach 

We have also reached out to federal and local law enforcemenl officials and 

organizations to educate them about the Till Act and to soli cit assistance and infonnation. As 

noled earl ier, the FBI rcached out to all of its field offi ces and instmcted them 10 identify all 

potential cold cases in their districts. The Department has proacti vely reached out to all of the 

U.S. Attomeys' Officcs in districts in \vhich there are open cold cases, notifying them of the 

cases in their distric ts and seeki ng their assistance. 
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A Department official presented on the Till Act at the Criminal Civil Rights Conference 

at the National Advocacy Center in Columbia, South Carolina in 2009 and 2011. The 

conference was attended by Assistant United States Attorneys and FBI agents from across the 

country. A Department official also gave a presentation on the Till Act at the FBI's Civil Rights 

training program in 2009, attended by agents from across the country. 

In an effort to broaden the outreach to prosecutors at a state and local level, Department 

officials participated in the annual conference of the National Black Prosecutors Association in 

July 2009, and presented on the James Ford Seale case. The FBI and Department officials have 

also met with representatives from the Mississippi Highway Safety Patrol, the Alabama Bureau 

of Investigation, and numerous other state and local law enforcement agencies. 

Ill. Collaboration with Academic Communities 

In January 2008, November 2008, July 2009, October 2009, and October 201 0, 

Department officials met with professors from the Syracuse University College of Law . The 

Syracuse law school founded a Cold Case Justice Initiative (CCJI) project in response to the 

unsolved 1964 murder in Ferriday, Louisiana of shoe shop owner Frank Morris, who suffered 

fatal bums when his store was set on fire, presumably by members of the Ku Klux Klan:~ Under 

the supervision of two professors, Syracuse University College of Law students have researched 

thousands of documents related to the Morris matter and other cold cases in that geographic area. 

In addition, in October 2009, the Department and FBI met with a Syracuse undergraduate class 

in whi ch students have done significant research on civil rights homicides. Syracuse has 

generously shared the results of the research conducted by its students. 

We have also been in contact with a professor from Northeastern University School of 

Law, who is directing Northeastern University's Civil Rights and Restorative Justice Project, 

which engages students in matters relating to the civil rights movement. These students have 

also done extensive research on a number of our cold cases, and have shared their findings with 

us. 

IV. Conferences and Town Hall Meetings 

In addition to our efforts with scholars, the Department continues to reach out to local 

civil rights organizations and participate in conferences in an effort to encourage the active 

assistance of these groups. For example, an official from the FBI participated in the Mississippi 

Civil Rights Veterans Conference in Jackson, Mississippi in March 2009 and March 20 [0. In 

both instances, the official met with journalists, veterans of the civil rights movement, and others 

of It should be noted that the Department is continuing to vigorously pursue the Morris murder 

case and the FBI has offered a S 10,000 reward for infonnation leading to an indictment in the 

Morris matter. 
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to discuss issues related to cold cases, explain our achievements with the Lnitiative, answer 

questions regarding specific cases, and request assistance with our efforts. In connection with 

the 2010 conference, the Attorney General issued a statement in support of the Till Act in which 

he encouraged citizens to come forward with any infonnation they might have concerning civil 

rights era racially motivated homicides. 

Similarly, in March 2009, officials from the FBI and the Civil Rights Di vision jointly 

participated in a two-day conference in Monroe, Georgia, sponsored by the Moore's Ford 

Memorial Committee. During that conference, officials participated in a panel discussion and 

mel with community members, civil rights veterans, local law enforcement, jury consultants, and 

others in an attempt to re~invigorate the Moore's Ford investigation, which focuses on the 

lynching oftwo African~American couples on the Moore's Ford Bridge in 1946.5 A 535,000 

reward has been offered for infonnation leading to an indictment in this matter. 

During the October 2009 visit to S)Tacuse, New York, Department and FB I officials 

participated in a town hall meeting, which began with the screening of a documentary film about 

one of the cases under review as part of the Initiative. The officials granted an interview to a 

local public television program and met with community members, professors, journalists, and 

other interested persons in an attempt to identify leads and other infonnation for the Cold Case 

Initiati ve in the northeast, where many African Americans relocated during the turbulent civil 

rights era. 

The FBI participated in a town hall meeting in Baton Rouge, Louisiana in November 

2009, again partnering with a documentary filmmaker to screen one of his cold case 

documentaries in a community where some of these crimes occurred and where witnesses might 

reside. 

The FBI participated in similar events in February 2011 in New York City, New York: 

Natchez, Mississippi; and Bogalusa, Louisiana, in connection with the screenings of several 

documentaries discussed further below. 

In July 2010, a Department official delivered a presentation on the Cold Case Initiative at 

the NAACP's annual conference in Kansas City, Missouri. 

v. Media Outreach 

The Department and the FBI ha ve embarked on an aggressive media outreach campaign, 

b'Tanting interviews to the Washington Post. National Public Radio, the British Broadcasting 

5 In July 2008, agents with the Federal Bureau of In vestigation (FBI) and the Georgia Bureau of 

Investigation (GBI) conducted searches in Walton County, Georgia in reference to the Moore's 

Ford investigation as part of the continuing joint investigation into the 1946 Moore's Ford 

Lynching by the FBI and the OBI. 
/

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Company. 60 Minutes, Dateline, and local media outlets to continue to elicit the public's 

assistance with locating witnesses to these crimes. as well as family members of the victims. 

In January 2009, the Department sponsored ajoint press conference held by 

representatives from the FBI. the Civil Rights Division, the U.S. Attomeys and other prosecutors 

from the Northern and Southern Districts of Mississippi, senior officials from the United States 

Marshals Service, and the Mississippi Attorney General. During this press conference, the 

Department released the names of the victims whose murder cases were under review in 

Mississippi, provided a phone number for a cold case hotline, and asked for citi zen assistance in 

solving these crimes. 

In April 20 11 ,60 Minutes aired a segment on the 1964 murder of Louis Allen in Liberty, 

Mississippi. Mr. Allen was murdered in his driveway by two shots to his head. A subject 

profiled by 60 Minutes as potentially in volved in the murder was also the investigating officer on 

the case. Still living in Liberty, Mississippi, this individual denied his involvement, but refused 

to answer some key questions posed to him and declined to take a polygraph test. An FB I 

official was interviewed as part of the program, and provided infonnatiol1 regarding the FB I's 

investigation into the matter. 

The Dcpartment continues to meet with journalists to seek input. ideas, and possible 

leads. For instance, we arc regularly in contact with membcrs of the Civil Rights Cold Case 

Project, a multi-partner, l11ulti-platfonn effort focused on thc unrcsolved history ofthe South 

during the civil rights era, seeking any infonllation that it may have relevant to cold cases. 

Among the participants in that project are in vestigati ve reporters from Alabama. Mississippi, and 

Louisiana, who are vigorously investigating the matters in their respective regions. Investigative 

reporters from Michigan and Massachusetts are also contributing to the project. Another 

participant in that project is a documentary filmmaker from the Canadian Broadcasting 

COIlJOration, who provided the Department with invaluable infonnation during the investigation 

and successful prosecution of the James Ford Seale case. 

VI. Documentaries 

In an unusua l step, the FBI has partnered with a documentary filmmaker on the 

production of a number of documentaries focused on speci fi c open. unsolved cold case 

investigations. The FB I participated in the hope that additional attention for these cases may 

develop new leads and uncover witnesses willing to share infomlation that may help bring 

closure to these cases. The first such documentary aired on the History Channel in February 

2009, and focused on a particularly egregious cold case - the murder ofJohnnie Mae Chappell, 

an A frican-American mother oftcn who was gunned down by a car full of white men as she 

walked along the side of the road searching for her wallet. An FBI official was interviewed for 

that documentary, and at the end of the documentary. the filmmaker provided an FBI phone 

number for viewers to call with infonnation related to any cold cases. 
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More recently, the filmmaker produced a seri es of documentaries called "The Injustice 

Files" for In vestigation Discovery in which three additional cold cases were profiled. The seri es 

began in February 201 1, to coincide with Black History Month. The first episode, premiered on 

February 18, 2011. focused on the 1967 murder of Wharlest Jackson, a fathe r of five and 

treasurer for the local chapter ofthe NAACP, who was killed when a bomb exploded in his truck 

as he left work one evening shortly after receiving a promotion. The second episode, premiered 

on February 25, 20 II. focused on the 1965 murder of Oneal Moore and non·fatal shooting of 

David Creed Rogers. the first two African American police officers in Bogalusa. Louisiana, who 

were gunned down while they were on patroL6 The third episode, premiered on March 4, 20 I I, 

focused on the 1963 murder of William Lewis Moore, an activist who was gunned down near 

Attalla, Alabama during his solo protest march from Chattanooga, Tennessee to Jackson, 

Mississippi, where he intended to hand deliver a letter to the Governor of Mississippi urging him 

to accept integration. A senior FBI official was interviewed and is shown in all three episodes 

explaining the ongoing efforts by the Department to investigate these and other cold cases. and 

directly soli citing infonnation from the public. The website for the program, 

http://investigation.discovery.com/tv/injustice-files/, also includes a link through which 

indi viduals can provide tips directly to the FBI. 

C. Prosecutions 

The Cold Case In itiative resulted in one successful federal prosecution which was upheld 

on appeal in 2010. This case involved the 1964 murders of 19-year-olds Charles Moore and 

Henry Dee in rranklin County, Mississippi. On May 2. 1964, James Ford Seale and other 

members of the Ku Klux Klan forced Moore and Dee into a car and drove the teenagers into the 

Homochitto ational Forest. Insisting that Dee was a member of the Black Panthers, which he 

was not, and that he was bringing guns into the county, the Klansmen beat the boys while 

interrogating them about the location of the weapons. In order to stop the beating, the boys 

falsely confessed, telling the Klansmen that guns were stored in a nearby church. The Klansmen 

then split into two groups. One group went to search the church for the guns. The other group, 

including Scale, transported the victims across stale lines, into l ouisiana, and then back into 

Mississippi to a remote location on the Mississippi River. Moore and Dee. bound and gagged, 

were chained to a Jeep engine block and railroad tics. and were taken by Seale out onto the water 

in a boat, and were pushed overboard to their deaths. Their severely decomposed bodies were 

found months later. 

Scale and another Klansmen, Charles Edwards. were arrested on state murder charges in 

late 1964. but the charges were later dropped. The Civil Rights Division and the U.S. Attomey's 

Office for the Southem District of Mississippi reopened an investigation into the murders in 

6 The FBI has offered a 525.000 reward for infonnation leading to an indictment in the Oneal 

Moore matter. 
I 

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2006. The new investigation revealed evidence that supported a federal prosecution under the 

federal kidnapping statute, 18 U.S.c. § 1201. Edwards, who was in the group of Klansmen who 

searched the church. bUI who did not participate in the actual murders. was granted immunity 

and testified against Seale. the only other surviving participant. Seale was indicted in January 

2007. and convicted in June 2007, of Iwo counts of kidnapping and one count of conspiracy. He 

was sentenced to three life lemlS. 

On appeal, when Seale's conviction was reversed by a three judge panel on a legal 

technicality involving the statute oflimitations. the Department successfully sought en bane 

review. The en bane panel reinstated Seale's conviction and returned the case to the original 

panel for consideration of the remaining issues. On March 12, 2010 Seale's conviction was 

affinned by the ori ginal Fifth Circuit panel. On October 4,2010, the Seale's petition for 

certiorari review to the U.S. Supreme Court was denied. Seale's application for a writ of habeas 

corpus pursuant to 18 U.S.c. § 2255 was filed on January 10.201 1. It was sti ll pending before 

the U.S. District Court for the Southern District of Mississippi, when Seale died in prison on 

August 2, 20 11 , rendering the wri t moot. 

In addition. dllring this reporting period, there has been a successfu l state prosecution. 

This case involved the February 18, 1965 shooting ofJimmie Lee Jackson by then·A labama 

State Trooper James Bonard Fowler following a civil rights protest in Marion, Alabama. 

Mr. Jackson died from an abdominal infection secondary to his injuries on February 26, 1965. 

While Fowler alleged that he and Mr. Jackson struggled for control of his service weapon, and 

that the gun discharged when Mr. Jackson struck Corporal Fowler's hand, the civilian witnesses 

stated that they saw Fowler draw hi s gun and de li berately shoot Mr. Jackson. The civilian 

witnesses also disputed Fowler's claim that Mr. Jackson struck Fowler with a glass bottle prior to 

the shooting. 

A state grand jury investigated the matter in 1965. but declined to bring charges. In May 

2007. the Distri ct Attorney for Perry County, Alabama filed murder charges against Fowler. The 

FBI lent its assistance to local investigators and the District Attorney's office in connection with 

the case. On November 15.20 10, the scventy·seven year old Fowler pleaded guilty to 

manslaughter. and received a six·month prison sentence. 

O. Notifying Victim Family Members 

During the past three years, the FBI has completed its work on many orthe investigations 

and has submitted them to the Department for review. The Department's review ofthese 

invest igations and the thousands of documents provided by the FBI is ongoing. Unfortunately, 

during this process, it has become apparent that due to the many impediments discussed earl ier in 

this Report. few. ifany. of these cases will be prosecuted. 
/ -14­

In an effort to nonetheless bring some sense of closure to the family members of these 

victims, the Department is writing letters to the next of kin when found. Pursuant to 68 Fed. 

Reg. 47610-0 I, excepting certain categories of disclosure from the Privacy Act, the Civi l Rights 

Division has the authority 10 disclose infonnation about the results of an in vestigation or case to 

family members of the victims. Thus, we have made the decision that OUf notification letters will 

detai l our investigative efforts and our findings. We have also made the decision to have FB I 

agents hand deliver these leiters 10 known family members. 

The FBI has devoted considerable resources to locating the next of kin for the victims, 

successfully locating family membcrs for 95 of the 124 victims. The FB I enlisted the public's 

assistance in locating next of kin at a town hall forum on November 18, 2009, at Southem 

University in Baton Rouge, Louisiana by presenting a list of the vict ims for whom the FBI was 

searching for next of kin. A press advisory alerted media to the announcement beforehand, and 

press packets were avai lable at the event. Following the announcement. the FBI posted the Next 

of Kin list on the Seeking Infonnation page of its website, and simultaneously issued a press 

release with updates and a link to the Seeking Infonnation poster. Additiona ll y, the infonnation 

was publicized with a front page story on www.fbi.gov, email alerts 10 www.fbi.gov subscribers, 

a video on the FB I's YouTube channel, announcements on the FB I' s Twitter feed and Facebook 

page. and through the ;'Wanted by the FBI" Pod cast. A large number of media outlets picked up 

Ihe story. including the Associated Press. This effort helped the FBl locatc 12 of the 95 next of 

kin. 

III. COLD CASE STU DY AND REPORT 

As set forth above, the Department's efforts to investigate and prosecute unsolved civil 

rights era homicide cases predate the Till Act. During the coursc of the Department's focus on 

these matters, we have opened III matters, involving 124 victims. for review. Five of those 

matters have bcen opened since the First Report to Congress was submitted in May 2009; sixteen 

of them have been added since the Initiativc's inception. 

Thus far. the Department's efforts have resulted in two successful federal prosecutions, 

and three successful slate prosecutions. The first federal case was Ulliled Stales \'. AmI/IS, 367 

F.3d 433 (5th Cir. 2004). which was indicled in the Southem District of Mississippi in June 

2000. Avants was convicted in February 2003, and sentenced to life in prison. The second 

federal case was United Stales v. James Ford Sea fe, 600 F.3d 973 (51h Cir. 2010), described in 

St:dion II.C above. which was indicted in the Southcrn District of Mississippi in January 2007. 

Seale was convicted in June 2007, and sentenced to threc life tcnns. 

The first successful federally-assisted state prosecution was the Sixteenth Street Church 

bombing case described above. The second successful federally-assisted state prosecution was 

the Slare o.fMississippi \'. Edgar Ray Killen. Charges were filed against Killcn in Philadelphia, 

MiSSissippi, in January 2005; he was convicted of three counts of manslaughter in June 2005, 
I -15­

and was sentenced to 60 years in prison. The most recent successful federally~assisted state 

prosecution occurred in 20 I0, in the Srare ofAlabama 1'. James Bernard Fowler, described in 

Section II .C. above. Fowler was convicted in November 2010 and sentenced to six months 

imprisonment. 

Six ofthe III matters have been referred to state authorities. One oflhose matters is 

In re: Emmell Till. As discussed above, the District Attorney for the 4th Judicial District of 

Mississippi presented the matter to a grand jury in February 2007, and the grand jury declined to 

issue any new indictments. Another matter is State ofAlabama \', James Bonard Fowler, also 

discussed above. 

Thus far, our review has revealed no viable federal statutory authority for any of the 

matters other than the federal murder statute llsed in United States I'. Avants and the federal 

kidnapping statute used in United Slates 1'. Seale. In 48 of the cases closed without prosecution, 

all identified subjects are deceased. In J 9 of the closed cases, there was insufficient evidence of 

a potential violation ofa criminal civil rights statute, as opposed to an accidental death, a suicide, 

a hean attack, a homicide committed by a black subject for non-racial reasons, or some other 

manner of death olltside the scope of the Till Act. 

Since January 2007. at least 70 federal prosecutors have worked on cases under review as 

part of the Department's Cold Case Initiative and the Till Act. The resources involved in a 

viable prosecution are enomlOUS. More than 40 federal employees participated in the Seale 

prosecution alone. That number does not include the numerous retired federal employees. local 

law enforcement officials, or contract employees who provided additional assistance. 

Although no mailers are currently under federal indictment, several cases have been 

identified as potentially viable prosecutions at the state level. The Department is partnering with 

the FBI, United States Attomey's Offices, and District Attomey's offices in acti vely and 

aggressively investigating those cases. Prosecutors from the Civil Rights Di vision are actively 

traveling on these matters and personally participating in witness interviews and other 

investigative steps. 

The Department has received no applications for grants from State or local law 

enforcement agencies under the Till Act. 

Below is a chart listing the 124 victims whose deaths the Department has reviewed and is 

reviewing in accordance with the Till Act: 
-16­

NAME or VICTIM 

1. Loui, Allen 

2. And",," Lee 

' rHnk 

7. 

8. T 

9. 

I 

I~ "n, 

J.ssie 

~:~ 

16. . Ma.' 

17. Jesse Cano 

18. Silas ( 

19. , ( 

!O~ 

!4. 

25. I 

Phcld 

26. lb Dee 

I 27. 

28. Ma. 

129. 

30 

~Edwa'd' 

. Paul ( 

39. A.C aall 

40. 

41. ,H 

42. Samnel 

43. Collie 

INCIDENT 

A .M! 

, ,County, 

I San A " Texas 

.G , 

Yazoo City, 

, F,anki inton, , 

Hinds ( , Mi" 

N/A 

, I 

ooth 

, ,P 

1 ( 

··s 

Perry. ~ 

..,, 

y, 

Sidon. M, 

. South 

DAT~E NT 

13 1. 964 

DATE 

July I ,19, ADri19,20 

June 8, 1964 

May 3.1958 

May 8. 1953 

' priI20, 

May II. 

June 18. 1957 

1964 

1964 

56 

April 15, 2010 

May 26, 2011 

'Df ,2009 

'D' . 2009 

'Df 20 

April 16. 2010 

April 21, 2010 

13.1965 ADri119.201O 

I: , 1967 

'13. 1961 April 16. 2010 

23,1964 

1,1965 June 3, 2011 

May 2. 2010 

June21 

'65';;---I--7'D"",',,",1",,220_-1 

'D' 2009 

Vlay 25, i8 

N/A 

. 20, 1965 

June 25, 1958 

, May 2.1964 

1946 

Jul y 25, 1946 

ADril 196, 

lay ~ ,Iv 164 

, 1957 

Apr 2009 

April 12. 2010 

April 26. 20 II 

April 12, 2010 

Maceh 15,2010 

ADril 

AD,il 

IV ",.1955 April 12. 2010 

lune 

Vlav 

luly 

May 26, 20 11 

: I, June 2011 
-17­

44. Alphonso Harris 

45. Isaiah Henrv 

46. Arthur James Hill 

47. Ernest Hunter 

48. Jimmie Lee Jackson 

49. Luther Jackson 

50. Wharlest Jackson 

SI. Ernest Jells 

52. Joseph Jeter 

53. Nathan Johnso n 

54. i\la rshaU J ohns 

55. Birdie Kcolar 

56. Bruce Klunder 

57. William Henry "John" Lee 

58. Georoe Lee 

59. Herbert Lee 

60. Richard Lillard 

6 1. Gcon!e Love 

62. l\JaybelJe Mahone 

63. Dorothy Malcolm 

64. Rooer Malcolm 

65. Syh'ester J\'laxwcll 

66. Bessie McDowell 

67. Ernest McPharland 

68. Robert McNair 

69. Cli nton I\l elton 

70. Delano l\iiddl eton 

71. James Andrew l\Hller 

72. Hosie l\IiJler 

73. Booker T. l\lixon 

74. Neimiah Montoomcry 

75. C harl es Edward i\loorc 

76. Harriette l\'1oore 

77. Harrv i\Joorc 

78. Oneal Moore 

79. William I\ loore 

80. Frank Morris 

81. J ames i\Jotley 

82. Claude Nea l 

83. StllUUc! O'Qulnn 

84. Herbert Orsby 

85. Will Owens 

86. l\lack C harles Parker 

87. Larry Pavne 

88. Charles lI oratious Pickett 

89. Albert Pitts 

90. David Pitts 

Albany, Georgia 

Greensburg, Louisiana 

Villa Rica, Louisiana 

St. Marys, Georgia 

Marion, Nabama 

Philadelphia, Mississippi 

Natchez. Mississippi 

Clarksdale, Mississippi 

Atlama. Geor,gia 

Alabaster. Alabama 

Ouachita Parish. Louisiana 

Sidon. Mississippi 

Cleveland, Ohio 

Rankin County, Mississippi 

Belzoni. Mississippi 

Amite County, Mississippi 

Nashville, Tennessee 

Ruleville, Mississippi 

Zebulon, Georgia 

Monroe, Georgia 

Monroe. Georgia 

Canton, Mississippi 

Andalusia. Alabama 

Ouachita Parish. Louisiana 

Pelahatchie, Mississippi 

Sumner. Mississippi 

OrangebuB!. South Carolina 

Jackson. Georgia 

Newton, Georgia 

Clarksdale. Mississippi 

Cleveland, Mississi ppi 

Parker's Landini!. Mississippi 

M ims, Florida 

Mims. Florida 

Vamado. Louisiana 

Altalla. Alabama 

Ferriday, Louisiana 

Elmore County. Alabama 

Greenswood. Florida 

Centreville, Mississippi 

Canton. Mississippi 

New Bern, North Carolina 

Pearl Ri ver County. Mississippi 

Memphis, Tennessee 

Columbus. Geor ·ia 

Ouachita Pari sh, Louisiana 

Ouachita Parish. Louisiana 

December I, 1966 

July 28. 1954 

Au.gust 20. t 965 

September 13, 1955 

February IS. 1965 

October 25 1959 

February 27. 1967 

October 20, 1963 

September 13. 1958 

MaYS. 1966 

July 13, 1960 

January II , 1966 

March 7, \964 

February 25, 1965 

May 7, 1955 

September 25. 1961 

Jul y 20, 1958 

Januarv 8, 1958 

December 5, 1967 

July 25. 1946 

July 25,1946 

January I 7. 1963 

June 14. 1956 

July 13, 1960 

November 6, 1965 

December 3, 1955 

February 8, 1968 

August 30, 1964 

March 25. 1965 

September 12. 1959 

August 10, 1964 

May 7,1964 

December 25, 1951 

December 25. 1951 

June 2. 1965 

April 23, 1963 

December 10, 1964 

November 20, 1966 

October 26. 1934 

August 14, 19)9 

September 7. 1964 

March 5.1956 

May 4. 1959 

March 28. 1968 

December 2 1. 1957 

July 13, 1960 

July 13. 1960 

April 12, 2010 

May IS. 2011 

April 6, 2009 

May 3. 2011 

April 16. 2010 

April 16, 2010 

May 2. 2010 

Aoril21,2011 

April 22. 1010 

May 18. 2011 

April 16, 2010 

May 5, 2011 

June 6, 2011 

April 16. 2010 

April 15. 20 10 

June 10, 2011 

April 6, 2009 

May 2, 2010 

April 9. 2010 

April 22, 2010 

May 26, 201 1 

April 12, 2010 

April 12, 2010 

June21,2011 

April 12, 2010 

March 15. 2010 

July 15,20 11 

July 15. 20 II 

April 12, 2010 

April 12. 2010 

April 3. 2009 

July 5. 20 11 

April 12, 2010 

April 22, 20 I 0 

April 22. 201 0 
I 

-1 8­

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