u.s. Department of Justice 

Office of Legislative Affairs 

Office of the Assistant Attorney General Washington, D.C. 20530 

May 28,2015 

The Honorable Joseph R. Biden 

President 

United States Senate 

Washington, DC 20510 

Dear Mr. President: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of2007, we are pleased to 

transmit to you a report on the activities ofthe Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office ifwe may provide additional assistance 

regarding this or any other matter. 

Peter J. Kadzik 

Assistant Attorney General 

Enclosure 
u.s. Department of Justice 

Office ofLegislative Affairs 

Office ofthe Assistant Attorney General Washington, D.C. 20530 

May 28,2015 

The Honorable Orrin Hatch 

President Pro Tempore 

United States Senate 

Washington, DC 20510 

Dear Senator Hatch: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of2007, we are pleased to 

transmit to you a report on the activities ofthe Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office ifwe may provide additional assistance 

regarding this or any other matter. 

Sincerely, 

Peter J. Kadzik 

Assistant Attorney General 

Enclosure 
- -----~~--~--. 

u.s. Department of Justice 

Office ofLegislative Affairs 

Office of the Assistant Attorney General Washington, D.C. 20530 

May 28, 2015 

The Honorable Mitch McConnell 

Majority Leader 

United States Senate 

Washington, DC 20510 

Dear Mr. Leader: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of2007, we are pleased to 

transmit to you a report on the activities ofthe Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office ifwe may provide additional assistance 

regarding this or any other matter. 

Sincerely, 

7vt~vtt Peter J. Kadzik 

Assistant Attorney General 

Enclosure 
U.S. Department of Justice 


Office ofLegislative Affairs 


Office ofthe Assistant Attorney General Washington, D.C. 20530 

May 28,2015 

The Honorable Harry Reid 

Minority Leader 

United States Senate 

Washington, DC 20510 

Dear Mr. Leader: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of 2007, we are pleased to 

transmit to you a report on the activities ofthe Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office ifwe may provide additional assistance 

regarding this or any other matter. 

Sincerely, 

7A~V~ Peter J. Kadzik 

Assistant Attorney General 

Enclosure 
u.s. Department of Justice 

Office of Legislative Affairs 

Office of the Assistant Attorney General Washington, D,C. 20530 

May 28,2015 

The Honorable Charles E. Grassley 

Chainnan 

Committee on the Judiciary 

United States Senate 

Washington, DC 20510 

Dear Mr. Chainnan: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of2007, we are pleased to 

transmit to you a report on the activities ofthe Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office if we may provide additional assistance 

regarding this or any other matter. 

Sincerely, 

Peter 

AJ\Vf\ J. Kadzik 

Assistant Attorney General 

Enclosure 
u.s. Department of Justice 

Office of Legislative Affairs 

Office of the Assistant Attorney General Washington, D.C. 20530 

May 28, 2015 

The Honorable Patrick J. Leahy 

Ranking Member 

Committee on the Judiciary 

United States Senate 

Washington, DC 20510 

Dear Senator Leahy: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of2007, we are pleased to 

transmit to you a report on the activities of the Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office ifwe may provide additional assistance 

regarding this or any other matter. 

Sincerely, 

V)J\~ Peter J. Kadzik 

Assistant Attorney General 

Enclosure 
U.S. Department of Justice 


Office of Legislative Affairs 


Office ofthe Assistant Attorney General Washington, D.C. 20530 

May 28,2015 

The Honorable John Boehner 

Speaker 

U.S. House ofRepresentatives 

Washington, DC 20515 

Dear Mr. Speaker: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of 2007, we are pleased to 

transmit to you a report on the activities ofthe Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office ifwe may provide additional assistance 

regarding this or any other matter. 

YA/\V14 

Sincerely, 

Peter J. Kadzik 

Assistant Attorney General 

Enclosure 
u.s. Department of Justice 

Office of Legislative Affairs 

Office of the Assistant Attorney General Washington, D.C. 20530 

May 28,2015 

The Honorable Kevin McCarthy 

Majority Leader 

U.S. House ofRepresentatives 

Washington, DC 20515 

Dear Mr. Leader: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of2007, we are pleased to 

transmit to you a report on the activities ofthe Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office ifwe may provide additional assistance 

regarding this or any other matter. 

Sincerely, 

Q~~ Peter J. Kaazik 

Assistant Attorney General 

Enclosure 
U.S. Department of Justice 


Office ofLegislative Affairs 


Office of the Assistant Attorney General Washington, D.C. 20530 

May 28, 2015 

The Honorable Nancy Pelosi 

Minority Leader 

U.S. House ofRepresentatives 

Washington, DC 20515 

Dear Madam Leader: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of 2007, we are pleased to 

transmit to you a report on the activities ofthe Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office ifwe may provide additional assistance 

regarding this or any other matter. 

Peter J. Kadzik 

Assistant Attorney General 

Enclosure 
U.S. Department of Justice 

Office of Legislative Affairs 

Office of the Assistant Attorney General Washington, D.C. 20530 

May 28, 2015 

The Honorable Bob Goodlatte 

Chainnan 

Committee on the Judiciary 

U.S. House of Representatives 

Washington, DC 20515 

Dear Mr. Chainnan: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of2007, we are pleased to 

transmit to you a report on the activities of the Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office ifwe may provide additional assistance 

regarding this or any other matter. 

Peter J. Kadzik 

Assistant Attorney General 

Enclosure 
u.s. Department of Justice 

Office of Legislative Affairs 

Office of the Assistant Attorney General Washington, D.C. 20530 

May 28,2015 

The Honorable John Conyers, Jr. 

Ranking Member 

Committee on the Judiciary 

U.S. House of Representatives 

Washington, DC 20515 

Dear Congressman Conyers: 

Pursuant to the Emmett Till Unsolved Civil Rights Crimes Act of 2007, we are pleased to 

transmit to you a report on the activities ofthe Department regarding pre-1970 racially motivated 

homicides. 

Please do not hesitate to contact this office ifwe may provide additional assistance 

regarding this or any other matter. 

Peter J. Kadzik 

Assistant Attorney General 

Enclosure 
ATTQRmYGENERAL'S ..••. :' 

:V~<;$txtH " "V'd, ANNUA£:bFQltrT026NG~§~\. " " '"'''' >'; '" " , 

MAY 2015 
,

------ -----

-2­

INTRODUCTION 

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

2007 ("The Till Act"). 1 This sixth Department of Justice ("DOJ" or "Department") Report is 

updated with the Department's activities in the year since the fifth report. 2 

Section I ofthe Report summarizes the Department's civil rights cold case work and 

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

prosecute unsolved civil rights era homicides. Prior reports gave a more detailed description of 

the initiative's history and challenges. Since the last report, Department attorneys and FBI 

agents have continued investigatingcases,partneringWithUnited States Attorney's Offices and 

District Attorney's Offices. Prose~~~Hf~,~~r~rff¥1i~Sfr~I:Rigl1~spivi~ion have actively traveled on 

several of these matters, persona1i~.p~icip if)i~ine~s<intervi~ws ~and conducted other ;, ::-' - _,7:,:',__ "1/,"-<>: -, - >, - <>'> 

investigative steps. 

We have nowl,"';;4~~:m~~4~llm\O 105 ofWi~1a'~~ it(volvmg 126 

victims. Thoughv~?,f~w{p~osecution~ l:l~~er~T~lte~fr9~.these exh~l)s~~eg:fforts, the 

Department' s efforts~~~~~view these m~tt~sl1ave~~I,~d b~g'~losuret~lt11a~y family members 

of the victims. Tllls§2e~tion describes the;oe~artlllent's efforts in locatinf,thej~ictims' next of 

kin, personally n~ti~~ing.~hem of the clQ~ure,;';Ul{.\~providing them with a~emil~d letter 

explaining the. fa:ots9ffheir relaij:i\le;s.~aseati4(}lltdeci~....1.·.O.n. ,,', /<"'_ - '7 < ,,__ __~~:_ :'__ _ -- "-" - --­

Section IIJJf~lie~eport sUl1lnj~rizes stepswella~~~~1tl:since Web1ga~th~ Cold Case 

Initiative in 2006;dt' . ibes how our efforts to bring j~stiee and/or closure to the families have 

evolved to the poiii~ /.,.."•..,it has become apparent that we must regr~~~I,.aC~oWledge that it is 

unlikely that th~se CaS~$·~~ttesult in prosecutions. This Section g~r~r~~y~~scribes our efforts 

to generate leads,un~~"~~' .' a!1t information and heighten publk~,!~elless. 

Prior reports dt;sc;fi~f)·gfJimes Ford Seale for 

the 1964 murders of Charles· :.Department's extensive 

appellate litigation that successfunY/lf:n..~f#ifii~i~~~~~t~iiViCiioI1.Mr. Seale died in prison 

on August 2, 2011. 

Section III of the Report sets forth where things currently stand with respect to the 113 

matters opened for review during this process. Section III identifies by name all 126 victims and 

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

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

each year thereafter. 

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

Civil Rights Crime Act of 2007 was submitted on January 24,2014. 
-3­

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

successfully prosecuted and the 102 matters for which, after significant investigation and review, 

we have made a decision to close without prosecution. In the majority ofthe 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, or any other federal or state statute, occurred, as opposed to some other manner of 

death outside the scope of the Till Act. 

Although our investigations have reached an end in the large majority of the matters 

reviewed, the Department's work on the rem';lilli1l8lP:<ltters continues in earnest. 

I. 	 THE DEP ARTMENTOF JUS~ICE"SEPF(!)Rr:rS TO'INVESTIGATE AND 

PROSECUTE UNSOhYEb~IVliJ'iiu~ats'E:RAHOMItIDES " , f,;/ 	 ',/:::< \ ; ,£, ,>:~,;,,! ::':' 

A. Overviewiand'~t~~6~Jtl' 

For more Jh~3;~~\h~ D~~~:1/;i'1!lin~~~~~,~t\tlging justice to some 

of the nation' s mos!:>h~~ifiecivil rightSet~:cdm~S~'inGlu4illg thr0ught~eiI)ep~rtll1ent' s 

groundbreaking 1~pt.re~eral prosecutio~Of'19~JJsbje'>tsfor the 1964 marqers'ofthree civil rights 

workers in Philad~l}Jhi~~,Mississippi, a~a~e,¢oIllffl0p1y referred to as the;ttMi$s~ssippi Burning" 

case in which,seyell~~~fehdants.~e~~~onVi~te~~.l1nf0J:t~nately, federal j~ar~$~ctionover these 

historic cases .is 'wit!'li~ited. m~~JI?l>ostFaPto'~l~use~fthe Constitutio!in~'federal statutory 

law limit the I)ep~filel}t's abilityfopi-osecl,lte mo~tc{~i!;~~l\~~rera casesat~federallevel 

because key fedet~l~a?e;,~rimes laws were enacted afte~tH~,m~tters in:h~~/in*t~tiye occurred. 

Similarly, the five~}'e~"~~llte of limitations on even death-resulting fe~~~a:lq#im%nal civil rights 

charges that existe&pti~~'t~;1994presents another limitation on suq~; 'c~tions. The Fifth 

Amendment's protectlQ . double jeopardy prohibits the r".esame court, for the 

same offenses, of perso~:pr:~iouslY found n~tg~ljfereconvicted but 

received shockingly 11g4t§~ni, .'. .',' .~~~f~if:l}o,e~~pti?ll t~, ......... ,9Jj~tit\ltional protection 

regardless of how biased the j~~/~ow~~~4~\late.1l1l~;~seeutionor how misinformed the court 

might have been. 

In addition, there are certain difficu1tH~s 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. 

Even with our best efforts, investigations into historic cases are exceptionally difficult, and rarely 

will justice be reached inside of a courtroom. 

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

evidence came to light. Thus far, the Department's efforts have resulted in two successful 

federal prosecutions, and three successful state prosecutions, both before and since the Till Act. 

The federal prosecutions are United States v. Ernest Henry Avants, 367 F.3d 433 (5th Cir. 2004) 
-4­

(Avants was convicted in February 2003, sentenced to life in prison, and died in prison in 2004), 

and th United States v. James Ford Seale, 600 F.3d 973 (5 Cir. 2010) (Seale was convicted in June 

2007, and sentenced to three life terms; he died in prison in 2011). The first successful federallyassisted state prosecution was the Sixteenth Street Church bombing case in which the U.S. 

Attorney for the Northern District ofAlabama, was cross-designated to serve as the lead 

prosecutor in two state trials, resulting in Defendant Tommy Blanton being convicted in April 

2001, and sentenced to four life terms, and defendant Bobby Cherry being convicted in May 

2002, and sentenced to four life terms (he died in prison in 2004). The second successful 

federally-assisted state prosecution was the State ofMississippi v. Edgar Ray Killen in which the 

defendant was convicted ofthree counts V""" 

ofmatlSlaughter, in 

",;,~\ 

June 2005, and sentenced to 60 years 

in prison. The most recent successfulf~~aliY'';~SSi~ed:~t~J~pr0s~cution occurred in 2010, in 

the State ofAlabama v. James f~j1:r!t/d~Fo~I~~.~.~vilel'c'\V:~{~l:l¥i~ted in November 2010 and 

sentenced to six months,t~~$~~~t~tjJSj: . ... ·.~f\.· .~. .c r~::+::; .. 

'll~ct ~as.~igpe~iJ.lt() law, dir .......•... <5,~~ail{ment to designate 

a Deputy Chief illth~{' ..... . . ...... s Diyi~i(}~~t~..~~~1i~e:#le investitt't{~~1nd~Rrosecution of 

civil rights era r.6n#~~§}an& a SuperVi~ '. .;~ .. ; ;"'.{iQ:~~.. FB J .• ;. ....h ~hts Unit to 

coordinate the in~~tig<it1:qn ofthese ca$~~' ..........••... ; .R1ghts'Division ~~ ~ were also 

given the authority f6WQtk with State ~l~iill~~~nforcement VJ.J..L~J.i:iI<mI';·.~{.;:: 

A. ov;~"\~~?i" f 

"",,, 

In ordei;to Department's commitment to investigaf ;prosecuting civil 

rights era homicfd in 2006 began its Cold Case Initiativ ., .v:e) to identify 

and investigate the.m~ 'ttedduring the civil rights e 

agents have jointly p~lqi '1' 

entJawyers i and 

ulti-faceted strategy 

As detailed moreful1y. ...... ~r;~~~~!hett~~~· ·~;t~~;1t11tlative was to identify cases 

for inclusion by having eaclfoftfie'lljj;~~~eld'6l:fice;g~ "pij;tifrc~es within its jurisdiction that 

might warrant review. In 2007;\ve'b~'g1ithe;;n:eit'j;l1ise~f~e Initiative, in which we conducted 

an extensive outreach campaign to soli~itassistahcefFom the NAACP, SPLC, and the National 

Urban League; various community groups; and the academic community; and state and local law 

enforcement organizations. We also conducted an aggressive media campaign, granting 

interviews to numerous outlets, including New York Times, the Washington Post, the Baltimore 

Sun, National Public Radio, the British Broadcasting Company, 60 Minutes, Dateline, and local 

media outlets, in an effort to elicit the public's assistance with locating witnesses to these crimes, 

as well as family members ofthe victims. 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 

grown to 113. At a minimum, we believe that our demonstrated commitment already has 
-5­

provided the communities with the assurance that they are being heard and that the Department 

is doing everything possible to investigate these important cases. 

B. Prosecutions 

The Cold Case Initiative 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 Franklin County, Mississippi. More detailed facts ofthis case were included in 

prior reports. Seale was convicted in June 2007 oftwo counts of kidnapping and one count of 

conspiracy, and was sentenced to three life terms. On March 12, 2010, Seale's conviction was 

affirmed by the original Fifth Circuitpanel. ''0110ctober4~'4pI0, Seale's petition for certiorari 

review to the U.S. Supreme Couff'Vv~dMf~<1;,;"S~~~~crietti!lz:PriS0npn August 2, 2011 . . ,~'" ./':'~-:'\¥"" 1~,tl<'" .'.,' ." '-.,' ;'s'.~:r~" 

There has also beena:~~c' " .;' ,.~t~·~QS~~~;iOtlSin. • e ofthe Till Act. This 

case involved the F~.biu~;'~§,ii ...~liootingofJiIl1rnie"t~"~..>hXJhen-Alabama State 

Trooper James Bonar<i:;i.~I~~'Ql· ingtw.~ir~t!ght~protestrn:~~QP,."A;laI}ama. In May 

2007, the DistrictArt6~~:ttlrPerry GQWlt~~~~~Q.#~i~~>nlUrder~~~~~~.~ga:inst Fowler. The 

FBI lent its asststant~~;~()'cal investigatd~~~1iliefDi~et.AitomeY~~0,0R1c~)nconnection with 

the case. On No~h~r'tS~, 2010, the s~v~fuy~seven~year old F~wler plea(}ei.igliilty to 

manslaughter,(anir~J'~ed a six -mont1l'.PtisQtfsehtence.·,i;,' " .. 

C. NCUi~ing;~i~tint F;j;~;~e~~~l'$.;; 

During t~~p~~:fiire years:'~~&~BIij~compiet~iti~r~tfk on 

and has submii\ed/ he Department fot review. Th~ Departm 

investigations and . ds of documents provided by the FBI 

during this proc~~,'l~ . e apparent that due to the many 

this Report, it is ~l,ik~i)'; 

." " ' ~h~/iruni1y members ofthese 

victims, the Department is'writ~~~ ., 'is. ound~ We have also made the 

decision to have FBI agents h~l1d,d~fIv~"the~~er~tto:;:l&IoWn.fafuily members. 

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

successfully locating family members for 102 ofthe 126 victims. The FBI continues its efforts 

to locate victim family members. 

III. COLD CASE STUDY 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 course ofthe Department's focus on 

these matters, we have opened 113 matters, involving 126 victims, for review. Seven ofthose 
-6­

matters have been opened since the First Report to Congress was submitted in May 2009; 17 of 

them have been added since the Initiative's inception. 

Eight ofthe 113 matters have been referred to state authorities. One ofthose matters is In 

re: Emmett Till. 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. 

Thus far, our review has revealed only limited federal statutory authority for any ofthe 

matters, such as the federal murder statute used in United States v. Avants and the federal 

kidnapping statute used in United Stgje8'v:Sea7e:'1ll53'()Kth~cases closed without prosecution, 

all identified subjects are decease~. J:Q:32O:ftffS~~tQ~;:c~~~tnere,was insufficient evidence of 

a potential violation of a crimin,~'~I~m~ights;statQt~~~~s:;~P'f?;p's~~~an'accidental death, a suicide, 

a heart attack, a homicide9~~it~~fli~:a:tla¢ksul)Je£ttt)i '!Rl:reasons, or some other 

manner of death outsid~:the:~~pM9~the ' .,5 " ,,:: "~. ".<'( 

Since Jaquatt?~Q~1~~l'1~ast e~ under review as 

part ofthe Dep~"" ' ~ ~fd Case vplved in a 

viable prosecutio~,~'e;'fmous. Mor~~~;~P;(e{f parll~pate~jn:;Jhe Seale 

prosecution a1tm~r~h~t~umber does n~iitld#d~the numerous retired tei~ral '~tnPloyees, local 

law enforcementbffl¢iais, or co{i~'(;l~mplO'ye~swhopt.:pvided additional,a~S:%s~ce. ,',,: >,:,x~>;~~~>~;r;~"~: :: :::",~: 0 ., ""':,:~, c'L' 

" "been appf6p~tedfQf Act, ~&~J~epartment has 

I;·.... _ ..;·;;,.;~..; grants from 8uneor local upder the Till 

Act. 

. . . revlCwmg m aC(;OfIClaIlce.Wllm, 
-7­

12. Gene Brown/a.k.a. Pheld Canton, Mississippi April 21, 2010 
-8­
-9­