Memorandum fer Nr. Belmont RE: COMMUNIST Daaty, USA NEGRO QUESTIGN COMMUNIST INFLUENCE IN RACIAL MATTERS . showing communist involvement in Negro racial matters in this nation, relative to which we can all agreo. : Essence of the Situation: The essence of the situation seems to be this: We presented what facts there are in our files in the Brief in question and I know that the Director certainly would not want us to do other than this. «The position taken at the tine the Brict was writton was that, while there is communist influence being exerted on Ne groes and Negro leaders, it has_not_reached the point cf control or domination. \ This historica lly has been the position of the bureau in this “matter in light of file reviews going back ten to cwenty years. Conkaentey ota Us Me Xt Cr wrt Mao wet. 7 P, —— PO “ Tho Historical Position; sfio _ ie | L—— For example, in a detailed docunent prepared on Communist Party and the Negro in 1953, we find the statement referring to "the failure of the Communist Party to attract even 2 significant nunber of Negroes in the United States to its number. Another exauple is to be found in aa analysis in this same field prenered by the Suresu “i2 1956 to the effect that comnunist efforts have been "unsuccessful on @ state or national level" in infiltrating "legitimate Negro- fraternal, protest and improvement organizations," although they made limited success in some. "isolated chapters." The Director's book, Masters of Deceit, published in 1958, states: "It became obvious’ that the Party, despite great efforts, had failed to win over even a significant minority of Negroes.'' In 19GO the Director's statement to The Committee on the Judiciary, United States Senate, reads: "Yt is no secret that onc o1 .the bitierest GiSappointments of communistic efforts in this Nation has been their failure to lure our Negro citizens into the Party." {In 1962 similar public statements: were made. On page seven of the Bricf submitted to the Director under the date of August 23, 1965, this historical position was restated and it was said, "One of the bitterest disappointments of the communists has been their Sinvle Lailure to lure any Significant number of our Negro citisens into the Party." This statement was set forth again in the cover menorandum which the Director marked. The point I wish to make here is this The fact that this has been our historical position in the Bureau for. many years is no {reason to assume that it’ Lf ie correct position at this time, as us the irector has clearly @xplaroed. Yares and conditions change and , as the evidence mounts, natura ally wo need to change our position along With this evidence. . . -171- \ i or OO f AW 55509 Docld:321995276 Page 192
Le eee mm wa Memorandum for Mr. Belmont. RE; COMMUNIST PARTY, USA NEGRO QUESTION COMMUNIST INFLUENCE IN RACIAL MATTERS Interpretation: . As we know, facts by themselves are not too meaningful, for they are somewhat like stones tossed in a heap as contrasted to the same stones put in the torm of a sound edifice. It is obvious to fS now that we did not put the proper interpretation unon the facts which we gave to the Director... Martin Luther King: We have been aware of the communist influence for nearly two years on Martin Luther King, Jr., head of the Southern Christian Leadership Conference, and in the comprehensive memorandum entitled __ the Negroes. “Communist Party, USA, Negro Question," dated 8/22/63 we set out information to the effect that a number of Negro lenders in this country have had subversive connections in their backgrounds and that Hartin Luther King, dr.. has been dealing with . AS previously stated, we are in complete agreement with the “Director that communist influence is being exerted on Martin Luther King, Jr., and that King is the strongest of the Negro leaders. As we have stated before in a memorandun, we regard | Martin Luther King to be the most dangerous and effective Negro leader in the country. In addition, we know the Party is directing a major effort toward strengthening its position among the Negroes inasmuch as we have j information the Party plans to intensify its efforts to exploit the racial situation for the purpose of gaining influence among» -172- DoclId: 327199576 Page 193
Wemorandum for lr, Relm cond RE: COMMUNIST PARTY, USA NEGRO QUESTION COMHMUNLST INFLUENCE IN RACIAL MATTERS SAC Letter to the Field I would like to set forth here briefly why I think that the enclosed SAC Letter, which was returned to us by the Director, should be sent to the field offices. My first. reason is this: / We necd to.renew our.efforts and keep the pressure on and leave no stone untufned to develop every and_ all facts. which exist —- Tae ne eee ee in this matter. Some oF these facts may | not yet have been follow up this ‘matter evermore closely with them. iy second reason why I think the SAC Letter should ke sent is related to the present changing situation inthe Communist Party - Negro -relations area. During the past two weeks in particular there I | have been sharp stepped-up activities on the part of communist .officials to infiltrate and to dominate Negro developments in ' this country. Further, they are meeting with successes. This should be no surprise to us because since the Negro march on Washington on August 28 communist officials have heen doing. add possible to exploit the very troubled racial situation, As’ chcy said weeks ago, the end of the Negro march would be the beginning of evermore systematic activities on their part to penetrate and influence Negroes and Negro leaders. They are now in full force acting upon this intention of theirs expressed weeks ago. The field should be alerted to this fact and given instructions to investigate exhaustively new communist ~- Negro activities. The SAC Letter in question will be -a great help toward this end, and it should result in our developing important . facts relating to the current changes and pertinent activities , going on during the past few weeks in this entire field. Subject of Deep Concern { | May I repeat that our failure to measure up to what tke i Director expected of us in the area of communist - Negro relations is a subject of yery, deep concern to us in the Domestic Intelligence Division, We are disturbed by. this | and ought to be. I want hin eee a ee ee -173- HW 55509 DBocld:321995276 Page 194
. Memorandum for Mr. Belmort + RE; COMMUNIST PARTY, USA, . . N&GRO QUESTION a COMMUNIST INFLUENCE IN RACIAL MATTSrs5 to know that we will do everything that is huganly possible to . develop all facts nationwide relative to the cossunist penetration and influence over Negro leaders and their Organizations. " RECOMMENDATIONS + , (1) That the Director reconsider Giving approval for sending the cnclosed SAC Letter to the field. K (2) In order that other agencies and proninent governngent officials will be aware of the determined efforts of the Comaunist Party to exploit the racial situation, if the Director approves we Will prepare a concise document setting forth clearly those attempts to penetrate, influence, and control the Negro movement. By setting these facts forth, succinctly and clearly, the veader cannot help > but be inpressed with the seriousness of tho communist activities. . —— ueeee ——s . e : eee WY 3558o pdcTW:3219%%s pSlWTies TET OT oe ‘ 7
HW 55509 DoclId: 32199526 Page 196 EXHIBIT 12 (Classified) -175-
eo | | e . u : —_—_ . . Be on EN . & | ; . ; eos : a \ 10/17/83 i tien Zz PN) ale : VA sain N . roller 2 Tele. Room —___ MR. TOLSON: Holmes os 4a ‘The attached analysis of j Cent e +e eee ee wt ane Cees mentee ao . NG {Communism and the Negro Movement is ; ay highly explosive. It can be regarded“as GEN! a personal attack on Martin Luthew/fing, “-— Poy There is no doubt it will have a pyBin ot | impact on the Attorney General and anyone » 2, else to whom we disseminate it. It is OR, labeled TOP SECHET., However, ‘even such a DG high classification seems to be no bar : Co today to a leak, and should this leak out a it will add fuel to a matter which may tt . sy! already be in the cards as a political issue during the forthcoming Presidential campaign. 7 =_" ae e ” ioe. TiS Geiicr~aiduu makes good reading and y [lis based on information from reliable sources, 3 We may well be charged, however, with — expressing opinions and conclusions, parti-. ~ cularly with reference to sone of the . Statements about King. ee | We memorandum may stax NX ne attoniey General, particularly in viowbihic past association with King, and the fact that we are disseminating this outside the Department. He may resent this. Nevertheless ,: the memorandum is a powerful warning against Communist: influénce in the Negro movenent, aia) WS will be carrying out our responsibility by isseninating it to the people indicated in/the attached memorandum Onn oy NBR Ae SALA gg /s\ rly A Ii. Reamont meme ME 7s 4/4 + Sb! J 6 OCT 23 1963 HW 55509 Docldr32499528, ,Page 198, - a sed yet , .
HW 55509 Mr. James Earl Ray Post Office Box %3 Brushy Moumtain Penitentiary Petros, Tennessse 37845 Daar Mr. Ray: In May of 1976 the Attorney General of the United States created a task force for the purpose of reviewing the Fal'g investigation of the assassination of Dr. hartin Luther King, Jr. The task force is row in the process of winding up its inquiry before submitting a final report to the Attorney General. Eowever, we feel that our irquiry will not be complete unless wa giva you &n opportunity to state your varticipation, or lack of participation, in the murder of Dr. King. Accardingly, we hereby request, through your attomey, James H. Lesar, Esquire, your consent to an interview by members of the task force. If you should agree to talk to us, our thna schedule requires us to arrange for the interview to take place not later than Decenber 31, 1976. Please let us know inmediately whether you desire to be interviewed. Sincerely, Freé G. Folsana Director Maxtin luther King, Jr., Task Force cc: Janes H. Lesar, Esquire -177- DoclId: 3271995768 Page 2700
i { 1 5 we — Bushy Moudtain Boniteutiary qdetros, Wermessee 37845 Mr. Janes H. Losar December 20, 1976 Attorney at Law 1231 fourth Street, S.W. < Wash. D. Co re: Ray v. Tenn. cr. Indictment no. 16645; Shelby county, Tennossee. (1963) Dear Jim: In respect to your letter saying that a justice department attorney, Mr. James F, Walker, would like to interview me concerning the above indict-~ ment, I agree with your advice opposing the interview. It would appear that this would only be in the interest of the J.D. and their book writing collaborators,¢.s., Gerold Frank, George MceMillian, st al. If they hed wanted to interview the defondant, under oath, justice had. ample opportunity in the 1974 H.C. hearing in Menphie, Tennesece, throush their purrogate, W. Henry Helle; and I understand no representative fron justice appeared as a witness at the hearing. At the present I believe the only body I should testify before is a jury. I understand you to say justice has not read any of the trs. of prior hearings & suits. Mherefore I'll include in the cc copy of this letter to justice a copy of a Complaint that speaks to the MLK jr. matter with ettached, Ex--A, ealthoe I doubt if justice or their publishing associates will be anterested in the Complaint contents. se , . ‘Sincerely: Janes e. Ray #65477 a . P.O. Box-=73 cc: James F. Walker, Esq. DL” Petros, Teun. 37345. rf WW 355509 DBocld:321995275 Page 202
IN CHE UNITES STATES SISTRIST CCUatT FOR TUE WESTER DISERICT OF TENNSSSES : WESTERN, CIVISION » . Plaintiff Vee TIME INC. Loo i GEORGE MeMILLIAN . W. HENRY HAIL . —. 4 cayta action no. C- 76" 3 7%, WILLIAM BRATFORD HUIS GEROLD FRANK HON. ROBERT M. McRAE BRENDA PELLICCIOTTI Defendants ‘ . a wee aeeearesesesesessenaeesseeaeeseseeneeaese eee esac eseeeseeaeereeseoesteHeeseseoeeee SHORES ES HW 55509 j- ° . ? COMPL AINT 1. ALLEGATION OF JURISDICTION: . . . : -" (a) Jurisdiction of the parties in the hefein subject matter is tased upon diversity of citizenship and the amount in recovery. Plaintiff, acting pro se, is a citizen of the State of Tennessee under "“oper- ation of Law" in the subject matter; defendant TIM= Inc. (here-in-after, TIME) ia a citizen of the State of New York; defendant George Metillian (here-in- after,. Meitillien)’ 1s a citizen of the State of Massachusetta; defendant W. Henry Haile (uére-in-after, Haile) is a citizen of the State of Tennessee; defendant Wi2idan Pratford Huie (here-in-after, Huie) 4s a citizen of the , State of Alabama; defendant Gerold Frank (here-in-after, Frank) is a citizen of the State of New York; defendant Hon. Robert M. McRae (here~in-after, Judge .. McRae) 4s a citizen of the State of Tennessee; defendant Brenda Pellicciotti (here-in-after, Pellicciotti) 1s a citizen of the State of Tennessee. The matter in controversy exceeds, exclusive of interest and costs, the sum of ten thousand dollars. (b) Jurisdiction founded in the “existence of ‘a federdl qiestion and the amount in controversy: -179- , DoclId: 327199576 Page 2703
© a O usd i The action arises under the fifth, sixth, and fourteenth, amendments to the Untied States constitution; U.5.C. Title 28 8 1331 (a), as nere-in- after mofe fully appears. The matter in controversy exceeds, exclusive of interest and costs, the sum of ten thousand dollars. (ce) Jurisdiction founded on the existance of a question arising under parti- cular statute: m4 . . : ; if : 4, The action arises under Act 42 U. S. CAs § 1983; ue S. C. Title 28 § 1343 (4). As here~in-after more fully appears. TRIS IS AN ACTION IN LIBEL & CIVIL RIGHTS VIOLATIONS. GENERAL BACKGROUND: Om April 4th 1968, Rev. Martin Luther King jr., was shot .-d killed-:in, Memphis Tennessee; in May 1968 the plaintiff was indicted by the Shelby “county gpand jury (er. indictaent. no. 16645) for said shooting; on March 10th 1969:plaintiff, allegedly through coercion by his attorney, Percy Foreman & the prosecution, entered a guilty plea to said er. incictment; on February 2nd 1974 the U.S. Gh circuit court of appeals ordered an evident~ dary hearing into the circumstances of said plea, Ray ve Rose 491 F2d 285 kc. A.6, 197%; on Fevruary 27th 1975 after hearing said evidentiary proceedings ; the U.S. District court for the WeD. of Tennessee, Hon. Robert ™, McRae, pbre~ siding ruled against plaintirr, Ray v. Rose, C~74~166; on May 10th 1976 the U.S. 6th circuit court of appeals upheld Judge McRae's ruling in said evi- _@entiary hearing. Ray v. Rose, C-75-1795. Plaintiff, JAMES =Z. RAY, sues Defendants, TIME INC.; GHORGE McMILLIAN; W. HENRY HAILE; WILLIAM BRATIORD HUIE; GEROLD FRANK; ROBERT M. McRAE; BRENDA PELLICCIOTTI, and alleges: 2. That while awaiting trial in the aforementioned cr. indictment the plain- tiff copied down from recollection information he had’ gained in his 1967 — associations, associations which lead to ‘plaintare being charged under said indictment. - Pa 3. That a brief summary of said recollections and their subsequent disposi- tion by plaintiff are as follogs: -180- HW 55509 Docld: 3271995278 Page 204 A ee ee -
HW 55509 & confinesent ia 19684 ) wrote down Om a money receipt issued forth from the Sheriff's office of the Shelby county, Tennessee, jail information waich plaintirr believed nad a direct . bearing on said cr. indictment. See, Ex--A. (o) the information consisted of telephone numbers & one name & address; all mumbers were written down backwards,-including the address. . (c) the two telephone numbers were listed next to the word "Sister", the first being listed in, New Orleans,- Louisiana; the second being in, Baton Rouge, Louisiana. (ad) the address is listed under the name, Vera C. Staples. (e) the telephone number listed under the Baton Rouge address was furnished to plaintiff's attorney, Percy Foreman, who was  Fepresenting Plaintiff in said cr. indictment. (f) the address was not investigated until plaintiff was incarcerated ‘upon pleaing to said indictment; a compendium of the post trial investigation would indicate: | the information cited ahove was given to a St. Louis, Miss- ‘ourd, labor leader, and informed it pertained toa the MLK jr. case, who app- arently in turn furnished ‘Said information to a Nashville, Tennessee, ex- "Attorney to investigate; said Attorney had sources in the State of Louisiana _davestigate. the matter and thereafter said Attorney reported the- Baton Rouge listed number resident was-under the influence of the Teamsters union; and ‘ the New Orleans listed number resident was among other things an agent of a mideast organization disturbed because of Dr. King's reported forthcoming, before his death, public support of the Palestine Arab cause. (References to the address if any was unclear.) (g) the Plaintiff had come by said mame & address shortly before crossing the border in November 1967 from Tijuana, Mexico, into the United States; the mame was Randolph Erwin Rosen,,. 1.180 N.W. River Drive, Miami, Florida; other reference was made to a LEAA; a check through the Miami directory in ¥970° iydicted no “Rosen listed with the above first &% gecond mame; in 1973- 74 a Chicago, Illinois, reporter was quired as to the name of a Rosen who was an official in the *“rogressive Labor Party, the reporter later responded - Said Rosen, or Rosens, activities were mainly in the New York, New York, area; shortly “thereafter said reporter was substantiated by material plain- tire received indirectiy from the Hon. Richard Ichord a congressman from nn & DoclTd:32199526 Page 205
Missouri; thereafter an Attorney in Oklahoma City, Oklanema, was furnished the Rosen name and asked if he could find any information re the subject in, New Orleans, and informed the subject might have a cr. record; the Att- orney reported back that the subject's last name nost likely was, Rosehson, and that he had a cr. conviction in New Orleans, Louisiana, federal court for @ marcotics violation; thereafter a Tennessee licensed Attorney procured . the tr. of said conviction; subsequently another check was made through the, Miami, telephdane directory which did list a "Randy Rosendon" but with an address discrepency. 1 4. That plaintirf intended the above information for exclusive use, after a through investigation, ina jury trial under said cre indictment--rather than for commercialzing in the communications industry--and in consequence withheld Parts thereof fron plaintire' 6 cr. Attorneys, who were enmeshed , with defendant (novelist) William Bratford Huie in commercial publishing ventures; ist) Attorney Arthur Hanes sr., who immediately upon entering the } suit contracted with defendant, Huie and 2nd) Attorney Percy Foreman, who while . | : Rot entering into literary contracts with Mr, Huie until January 1969, two months after Foreman's entering the suit, Mr. Foreman did not question plain- tiff about said information Or ather aspects of the cr. indictment--because of his (Foreman's) admitted trial preparation methods—-until February 1969.°: - Se That in February 1969, after Percy Foreman had entered into literary contracts with defendant, Huie, plaintiff furnished Attorney Foreman with the above mentioned, Baton Rouge, phone number and asked him to investigate im connection with the MLK jr. homicide. Shortly thereafter Mr. Foreman -Beplied in effect that if there were to. be any telephone numbers refered toa: ‘dn court he (Foreman) ‘would furnish. them through contacts in interstate sambling--Mr. Foreman mentioned a, Mr. Meyer Lansky, as his source. 6. That subsequently, after the Prosecution and Percy Foreman had maneuvered plaintiff into entering a plea to said indictment, the Plaintiff on March Thth 1969 was checked into the Tennessee State penitentiary--Nashville ‘Branch--and therein all plaintiff's personal property including the paper herein attached ag EX-~A, and including incoming legal & personal letters Mailed to said prison, were confiscated from plaintiff. Two or three days _ later after discussing briefly with State corrections commissioner, Harry Avery, the letters including EX~A were returned to Plaintiff by said, -182- HW 55509 DBocld:321995276 Page 2706
trial under the petition refered to in paragraph-§ above. CO: ae comaisaioner, Harry avery. (except for a thin line circling some writings the property seemed in order. ‘ 24 That prior to Plaintiff's transfer to the aforementioned penitentiary, Commi asioner Avery, the late Governor of Tennessee, Hon, Buford Ellington, and Governor Ellington's administrative assistant, Mr.. Willian L. Barry, ell, U.S. Dis. Ct. M.D. Tn. Civ. Action no. 5590, 1970)Plaintiff's treat- ment upon entering said penitentiary,ie, arbitrary lodging of Plaintiff in ‘solitary confinenent immediately upon his entering prison. x 8, That thereafter on (March 13, 1969) when plaintiff commenced petitioning the trial court for a new trial under said indictment, Commissioner Avery attenpted to persuade Plaintiff against seeking a trial under said indictment and after failing that informed Plaintiff that he would hever be releasted from solitary confinenent while he (Avery) was corrections commissioner. 9. That in the succeeding years until the present Plaintiff has been arbi- trarily locked in solitary confinement/segregation for approximately five years, during which time their has been several suicides by prisoners beca ause of the harshnent of the confinement including two (2) who burned then- selves to-ceath. See, EX--B. 190. That after the aforementioned plea by Plaintiff the trial Judge, Hon. Preston Battle, departed from Memphis, Tennessee, fora vacation and while on said vacation the then Governor of Tennessee, Hon. Buford Ellington, upon learning of Plaintiff's effort to receive a jury trial under said in- @ictment, dispatched State officials to located Judge Battle to offer hin ythe next Apvellate Judgship vacancy if the Judge would deny Plaintiff a -18. That om or about March 12th 1969 in. the. prison segregation building “se otet Plaintiff was confronted through a ruge: ‘by special agent, Robert Jensen of the Memphis, Tennessee, federal bureau of investagation office. The thrust of “r. Jensen's conversation was seeking cooperation of Plaintiff in furthereing the FBI investigation of eaid cr. indictment. YWhen Plaintiff refused the cooperation offer’Mr. Jensen upon departing said Plaintiff could expect Plaintiff Brothers (Joon & Jerry Ray) to join him in prison, or words ' to that effect, thereafter: -183- HW 55509 Docld: 327199575 Page 2707
(a) piiéntirrts brother, Jerry Ray, was OD acted to the extent that he had to resign his job in tha Chicago, Illinois, area; sub-~ sequently after forcing him from his job the FBI attempted to frane biz for. numerous crimes. (b) plaintiff's other brother, John Ray, was arrested by police while driving his car in the St. Louis, Misecuri, area and subsequent~ ly charged by the FBI for aiding and abetting a bank robbery.- Tried and convicted with a defendant whom tho governaent alleged actually robbed said bank, John was given 18 years and the alleged robber 10 years; upon appeal the alleged robber's conviction was reversed by the 8th U.S. circuit court of appeals because the fruits of an illegaly search & seizure was used against hin; however, the 8th circuit ruled the? the fruits ofthe illegal search. was not- ‘ground for reversing John Ray's case becasue the alleged evidence (stolen money) was not taken from him; upon re-trial the alleged robber was acquited; sub- sequently another defendant in the robbery was charged and entered a Plea for three (3) years which was later reduced to eighteen months by the government. ® 12. That in June 1959 Plaintiff filed a civil action in the United States ' District court for the M.D. of Tennessee seeking to void contracts between Plaintiff, the aforementioned Percy Foreman, and defendant, Huie. In att- empting to have said civil action (Complaint) dismissed, thus necessitat~ ing the refiling by Plaintiff in the ¥7.D. of Tennessee, the defendants Attorney the late, John J. Hooker sr., of the Davideon county Tennessee bar, illegally procured Plaintift's entire prison record, including doricle informatibn, from the aforementioned corrections commissioner, Harry Avery, and was thus able to have said Complaint dismissed in the M.D. of Tennessee and reflled in the W.D. (civil action no. _6-89-199) before Judge McRae, because of said domicle information. is, That thereafter in civil action no. C-69~-199 one of Judge McRae's than live testinony--cubsequently the ) Judge dismissed the suit-on. motion .. ag: .the defendants. . ° . 14. That following the United States Sixth circuit court of appeals ruling on February 3rd 197, ordering an evidentiary hearing into the circumstances of Plaintiff's aforementioned guilty plea under said indictment defendant, Judge McRee, again assumed jurisdiction ‘to conduct said hearing (civil action no. C=74~166) and again ruled that the two principal witnesses, the -184- HW 55509 Docld: 371995768 Page 2706
aforementioned Fercy rorenan & defendant Huile, would not have to undergo \ , wer by yuling the Plaintiff's subpoena powers. were linited to a 100 mile | radius of Menphis, Tennessee. , That Judge McRae further prejudicial & arbitrary actions & inactions listed below effectively diminished the Plaintiff's right under the United States Supreme court mandate for a full and equitable evidentiary hearing: (a) the court ruled in effect Pr at the solicitation of the State's Attorney, defendant Hatle--who had complained to the court that the press was urging the State to ask certain questions of Plaintiff—that General Haile could inquire of Plaintiff's alleged information re (plaint- . 4£1) provide said Percy Foreman concerning others persons allegedly culpa- | co - ble under said cr. indictment. Thereafter, althoe Plaintiff did refer to | ‘Anformation described above as being civen to Mr. Foreman by Plaintiff, and within the confines of the above court ruling, neither defendant, Haile, | ' or, Judge McRae questioned Plaintiff in the matter. _ (b) Judge McRae in concert with defendant, Pellicciotti, has con- sistently--despite petitions from Plaintiff's counsel, James 2. Lesar-— A declined to forward to the U.S. 6th circuit court of appeals relevant & necessary portions of the transcript in said evidentiary hearing: specif- I " deally, the definitive portions of eaid transcript evidencing, Percy Foreman, ‘ : ot after’ ‘invatation, refused to offer live testiuony in said evidentiary hear= ! ing; and thus through their deleterious inactions in the tr. matter contri- buted substantially to the 6th circuit. decision against Plaintiff therein. ~ : : | Q (c) Judge McRae has ignored a petition to take perpetuating testi- mony, filed after said evidentiary hearing, fron defendant, Huie. Mr. Huie being a principal character. therein. 15. That prior to said evidentiary hearing, Judge McRae, mislead or att- empted to mislead Plaintiff's Tennessee cr. counsel as evidenced by a series of letters Plaintiff received from said Counsel (Mr. Robert I. . Livingston) implying that during several encounters with Judge McRae he te (Livingston) was lead to believe the court was sympathetic to Plaintiff's ; case and thus a vigorus presentation by Plaintiff's counsel would not de s necessary or desirable. -185- X WW 55509 Doocld:321995275 Page 209
CO .- o 16. That their have been publicized allegations that, Judze McRae, ia aore concerned with the political effects of his decisions than the law. ‘See, EX-=-C. 12. That the clerk of the court defendant, Pellicciotts, wherein said evidentiary hearing was conducted acted in concert with, Judge McRae, in declining to prepare and forward tr. material, described in paragraph Wed above, to the U.S. sixth circuit thus contributing substantially * to the sixth cireuit denying Plaintif? relief under said evidentiary hearing. i . - \ a 18. That defendant, Haile, who was the State's chief counsel in the afore~ mentioned evidentiary hearing, but is now in private practice, has libel- . ed Plaintiff by aiding & abetting defendant, McMillian, in MeMillian's preparing & authoring the aforenentioned artilce for defendant, TIME. 19. ‘That defendant, Nout1itan, informed Plaintiff's brdther, Jerry Ray,. of his (Hemdidan' s) relationship with defendant, Kaile. mak weed 20. That in 1975 defendant, Haile, appeared with defendant, McMilldan, at the Tennessee State penitentiary--Nashville Branch--wherein McMillian requested warden, James H. Rose, a personal friend of Haile, to contact . Plaintiff and ask if he would consent to an interview by, MeMtllian. YL _ . Warden Rose did forward said interview request to Plaintiff which Plaintiff | . declined and, thereafter, Haile & McMillian viewed the solitary confinement — " ‘building wherein Plaintiff was housed. 2. That defendant, Haile, while asst. att. gen. for the State of Tenn- , essee several times rublicly criticised court decisions unfavorable to hin ' 4m a manner euggesting he was attempting to intinidate Judges, acte for which he eEubsequently was diand essed from the A.G.'s office by the Att- , orney General for the State of Tennessee. 22. That in the January 26, 1976, issue of TIME magazine (EX—p) under the title of "The King Assassination Revisited", defendant, McMillian, authored a malicious article subtitled "I'm gonna kill that nigger King" . and alleged said subtitle to. be a statement made by Plaintiff. as - Said article is littered with deliberate fabrications, and while of a . ot hollywoodish character they are delivered with malice intent, begining -186- HW 55509 DBocld:32199526 Page 210
_had, from conversations with Plaintiff, knowledge before the fact of the ont . . C) *..eIn 1963 and Or» ‘lartia Luther King sas on TV alnust everyday, talking defiantly about how Black people were going to get their rights...Ray watched it all avidly on the cell~block TV at Jef? City. He reacted as if King's remarks were directed at him personally. He boiled when King came on the tube. Ye began to call him Martin ‘Lucifer? King and Martin Luther ‘cooat., It got so that the very sight of King would galvanize Ray ". p. 18 said article. during Plaintiff's entire sojourn in the Missouri State penitentiary at, Jefferson City; and, that defendant McMillian is cognizant of this fact through conversations with Missouri corrections officials whom he has contacted for information numerous times. See, EX--g. 23. That several other deliberate fabrications with malicious intent in said article are: . - v (a) "Ray and (bis fellow convict Raymond) Curtis would set around, often high on speed..." Speed being a form of narcotic. p. 18. (>) "On April 24, 1967, just one day after Ray escaped from the prison at Jefferson City, he met his 5rothers Jack and Jerry in Chicago's ; i Atlantic Hotel..." Allegedly, say's MeMillian, discussing the murder of Martin Luther King. p. 18. (c) that McMilltan alleged Plaintiff's Brothers, John & Jerry Ray, MLK Jr. murder. PP. 18 & 23. 24. That the State of Missouri's department of corrections commissioner, Mr. George M. Camp, alleges in effect that defendant McMillian is a fraud ‘in connection with McMillian's aforementioned allegations concerning Plain- tiff's conduct while in said Missouri penitentiary. See, EX--E. 25. That the Missouri prisoner defendant McMillian principally relies on to substantiate his allegations, allegations that Plaintiff not only ploted the murder of MLK Yr. but was also a narcotic addict, narcotic peddler, ect. ect., is reveled to be one, Raymond Curtis. Said, Raynond Curtis, attempted onced to converse with Plaintiff while in wanes ewowooe mwa said penfitentiary, thereafter he (Curtis) ‘voluntarily "checked into" gegregation, after being exposed as a proffessional informer, and thus — =187- Pp. 9 ’ Y WW 35509 DoclTd: 32199526 Page 211
was thereafter limited in his prison association to his own type. 26. That shortly after Pyaintiff's arest in 1968 to anser for said cre indictment defendant HeMillian stated at a news conference that since he (McMillian) knew Plaintiff was guilty of the indictnent charge he (McMill- dian) would not have to investigate the case. Thus it ‘follows a fortiori that McMillian has relied on the work product of other novelist to sub- stantiate sizeable portions of his allegations in said TIME artucle. 27. That defendant McMillian has posted Plaintiff numerous letters, first threatening, then cajoling, in seeking interviews for use in said article and his alleged forthcoming book re Plaintiff. I 28. That defendant TIME magazine has a vested (financial) interest in - publishing. said artilce by McMil1lian--thus in promoting McMillian's forth- coming book re Plaintif?-- in that HcMillian's publisher, Little Brown, ‘- - is a subsidary of TIME inc. 29. That defendat TIME deceived their own agent (Richard C. Yoodbury) in their Chicago, Illinois, office into thinking TIME would run an objective story re the matter. See, Ek=F, Ei , 30. ‘That defendant TIME was consciously endeavoring to influence the United s tates sixth Circuit court of appeals an, Ray v. Rose, no. 2 1543, which just a few days subsequent to said article heard aggunents in the above Ray v. Rose suit to determine whether to order Plaintiff a new trial under said cr. indictment. ° 3l. That TIME inc. has a history of conspiring to subvert the judicial - and political processes by publishing, timely, malicious articles prior to judicial decisions or election of public officials. 32- That because defendant, TIME, has made a fresh investigation dp. 17 ‘paid article) into the "case"--their initial investigation evidently being perdormed by Time inc. LIFE magazine in 1968--TIME is cognizant that a substantial portion of said article is false & malicious. . 33. That substantial portions of said artilce by McMillian were supplied to Mr. McMillian by defendants, Frank & Huie--Defencant, Huie, published a novel ra Plaintiff in 1970 titled "He Slew the Dreamer"; defenmhant, -188- , HW 55509 Docld:321995278 Page 212
State of Tennessee \ os. SHELBY COUNTY I, J. A. BLACKWELL, Clerk of the Criminal Courts of said County, do hereby certify that the fore- going (5) FIVE 0 Pages contain a full, true and perfect copy of the ee ane oe NT RN or onecscrsesen mee coe tanentesebuneet wena ins erties erent erearewwececemmetentstt ars ta atneens ronan seenanacn tn fost ORDER AUTHORIZING WAIVER OF TRIAL AND ACCEPTING PLEA OF GUILTY AND _VOIR DIRE OF DEFENDANT ON WAIVER AND ORDER - OF JAMES EARL RAY - BOCKET NUMVER B-16645 as the same appears of record now on file in my office. - In Testimony Whereof I have hereunto set my hand and affixed the seal of said Court, at office, in the City of Memphis. this 25 day ° AUG, tg 78 __/s/ J.A-BLACKWELL _ Clerk a a, By_4 EE LD LOCOS DOC. State of Tennessee } IN THE CRIMINAL COURT OF SHELBY COUNTY, TENN. SHELBY COUNTY | Memphis, Tenn... AUG..16,1976 00 19, 1_WILLIAM_H. WILLIAMS, _-, sole and presiding Judge of the Criminal Court of said County Division_2 _., certify that J. AA BLACKWELL, who gave the foregoing certificate, is.now, and was at the time of signing the same, Clerk of said Court, and that said Court is a Court of Record, and that his attestation is in due form, and his official acts, as such, are entitled to full faith and credit. ~~ ‘Witness my hand, this.16 dey of _____ AUG. 19,76 State of Tennessee \ SHELBY COUNTY I, J. A. BLACKWELL, Clerk of the Criminal Courts of said County, certify that HON. WILLIAM H. WILLIAMS 0, hose genuine official signature appears to the above and hereto annexed Certificate, is and was at the time of signing the same, sole and presiding Judge of the 7 Criminal Court Division_3..____, in and for the County and State aforesaid, duly commissioned and quali- fied, and that all his official acts, as such, are entiled to full faith and credit. In Testimony Whereof I have hereunto set my hand and affixed the seal of said Court, at office, in the City of Memphis, HW 55509 DBocld:321995276 Page 219