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JFK Assassination System

Identification Form

Agency Information

Date:

12/6/201

AGENCY: FBI

RECORD NUMBER: 124-10273-10263

RECORD SERIES: SU

AGENCY FILE NUMBER :

100-11666-21, 22

Released under the John

. Kennedyion Records

Collection Act of 1992

144 USC 2107 Notel .

CaseR:NT 55509 Date:

12-07-2017

Document Information

ORIGINATOR:

FROM:

TO:

TITLE:

DATE:

PAGES:

SUBJECTS :

00/00/0000

0

NAR

DOCUMENT TYPE :

CLASSIFICATION :

Unclassified

RESTRICTIONS: Not Assassination Related

CURRENT STATUS : Withhold

DATE OF LAST REVIEW:

OPENING CRITERIA:

INDEFINITE

COMMENTS :

v9.1

HN 55509 DocId: 32199528

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FD-36 (Rev. 7-27-76)

TRANSMIT VIA:

X Teletype

I Facsimile

• Airtel

FBI

PRECEDENCE:

[ Immediate

I Priority

[X Routine

CLASSIFICATION:

• TOP SECRET

I SECRET

I CONFIDENTIAL

DEFTO

* CLEAR

Date

2/8/77

EM SALT LAKE CITY (100-11666) (RUC)

TO DIRECTOR (62-117290) ROUTINE

BT

CLEAR

ATTENTION GENERAL INVESTIGATIVE DIVISION, CIVIL RIGHTS

SECTION, CONGRESSIONAL INQUIRY UNIT

HOUSE SELECTED COMMITTEE ON ASSASSINATIONS. BUDED:

FEBRUARY 11, 1977.

RE BUREAU TELETYPE DATED FEBRUARY 4, 1977, REQUESTING

RECIPIENTS TO ADVISE FBIHQ WHETHER OR NOT ANY MATERIAL

RELATIVE TO THE INVESTIGATION OF KING'S ASSASSINATION HAS

BEEN DESTROYED.

FBIHQ'S ATTENTION CALLED TO SALT LAKE CITY TELETYPE

DATED FEBRUARY 1, 1977, LAST PARAGRAPH OF WHICH STATES IN

PART "VO MATERTAL ON MARTIN LUTHER KING, JR. ASSASSINAT 01666-21

(MURKIN) DESTROYED."

PRAEZES

WJG : CB

(1)

Approved:

Transmitted

001

(Number)

Marlin

0120m 4 Per

(Time)

AH 55509 DocId:32199528

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Department of Justice

FOR IMMEDIATE RELEASE

FRIDAY, FEBRUARY 18, 1977

AG

202-739-2028

The FBI conducted a thorough investigation of the

assassination of Dr. Martin Luther King, Jr., a Department

of Justice task force concluded in a report released today by

Attorney General Griffin B. Bell.

The 149-page report was submitted by the task force

of the Office of Professional Responsibility following an

eight-month intensive review of FBI files and interview of

witnesses. The purpose of the study was to examine FBI

activities involving Dr. King and to evaluate the effectiveness

of the assassination investigation.

The report concluded that the FBI had conducted a

painstaking and successful investigation of the 1968

assassination in Memphis, Tennessee.

• The task force also found no evidence of FBI

complicity in the murder.

The only new evidence that was developed related to

details that did not affect the ultimate conclusion that James

Earl Ray was the properly convicted murderer.

100-11666-225

MAR

FBI -SALT LANE C

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The task force of five attorneys

and two research

analysts

reviewed

more than 200,000 documents from FBI

Headquarters

and Field Office files and interviewed some 40

witnesses in its study of the King case.

On April 26, 1976, then Attorney General Edward H.

Levi directed the Office of Professional Responsibility, headed

by Michael E. Shaheen, Jr., to review Department files

determine:

(1) Whether the FBI investigation of Dr. King's

murder on April 4, 1968, at Memphis, Tennessee, was thorough

and honest;

(2) Whether there was any evidence of FBI

involvement in Dr. King's death;

(3) Whether any new evidence had come to the

attention of the Department bearing on the assassination which

should be dealt with by the proper authorities; and

(4) Whether the relationship between the FBI and

Dr. King called for criminal prosecution, disciplinary

proceedings, or other appropriate action.

After reviewing the

murder investigation, the task

force turned to the pre-assassination security investigation of

Dr. King. The task force found that there may have been an

arguable basis for the FBI to initiate a security investigation

on Dr. King, but continued that the security investigation should

have been ended in 1963 and not continued until his death five

years later.

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- 3..

The FBI'S COINTELPRO-type harassment of Dr. King and

efforts to drive him out of the civil rights movement were found

to have been clearly improper.

Mr.

Shaheen's report concluded that any criminal

action against FBI participants in the harassment campaign was

barred by the statute of limitations. The task force

recommended no disciplinary action because the chief FBI

officials responsible for the harassment are dead or retired.

The task force submitted recommendations for tighter

supervision of the FBI's domestic intelligence activities and

endorsed the Department's new guidelines in this area. The

task force also proposed outright prohibition of COINTELPRO-type

activities against domestic intelligence subjects.

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TICE

SEQUITUR

DOM!!

REPORI CF THE DEPARIMENT OF JUSTICE

TASK FORCE TO REVIEW THE FBI MARTIN ZUTHER KING, JR.,

SECURITY AND ASSASSINATION INVESTIGATIONS

_FiLED January 11, 1977

MAN -A17T

FBI-SALL

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TABLE OF CONTENTS

I. INTRODUCTION..

A. The Mission of the Task Force..

1. The Problem...

2. The Attorney General's Directive.

3. Review up to April 26, 1976...

B. The Task Force and its Method of Review..

II. THE ASSASSINATION INVESTIGATION.

A. Events Surrounding April 4, 1968

1. Poor Peoples Campaign.

2. Memphis Sanitation Worker's Strike...

3. Dr. King's Activities on April 4, 1968

4. FBI Intelligence and Local Police

Activities..

a. FBI Informants

....

b. MPD Infiltration of Invaders......

. . .

c. MPD Surveillance Detail and Removal

of Detective Redditt from Duty.

. ...

d. Details of Two Black Firemen

From Fire Station No. 2...

e. MPD Tactical Units-Their Deployment and

Activities on the Evening of

April 4, 1968...

B. The FBI Investigation of the Assassination

^ .....

1. Department of Justice Response and

FBI Performance ....

a. The Murder ..

b. Top Priority Investigation Ordered

c. Progress of the Investigation

'... .....

? . . ...

(1) Bessie Brewer's Rooming House..

(2) Canipe Amusement Company ...

(3) Information and Physical

Evidence Tracked

. . . ....

(4) Los Angeles

.. . . ..

(5) Atlanta

. . . . ....

(6) Galt Identified

as James

Earl Ray...

(7) Passport Search.

(8) Ray Apprehended

2. Alleged Conspiracies.

i

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Page

14

14

14

15

21

24

24

25

26

33

37

47

47

47.

47

48

48

50

52

54

57

58

60

61

62

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Page

65

C. The Story of James Earl Ray

1. Chronology of Ray's Activities on and

after April 23, 1967

2. Motive....

3. Source of funds

.. ..

4. Family contacts and assistance

D. Critical Evaluation of the Assassination

Investigation .....

III. THE SECURITY INVESTIGATION

....

A. FBI Surveillance and Harassment of Dr. King

1. Initiation of Technical Surveillance and

COINTELPRO Type Activities ....

2. Predicate for the Security Investigation

3. King-Hoover Dispute •

4. Technical Surveillance

'. . . : . . , ...m

5. COINTELPRO Type and Other Illegal

Activities .....

B. Critical Evaluation of the Security

Investigation .....

IV. RECOMMENDATIONS

A. As to the Murder Investigation

B. As to the Security Investigation

V. APPENDICES

Appendix A

Exhibit No.

1

2

3

4

. . .

65

91

97

101

106

113

113

113

121

125

127

132

139

143

143

145

5

6

Description

Map showing location of Tact Units

Diagram of Crime scene.

Autopsy Report

James Earl Ray,

some known

expenditures: April 23, 1967 to

June 8, 1968.

James Earl Ray, known income:

April 23, 1967 to June 8, 1968.

Reading Bibliography

Memo fran Scatterday to Rosen

May 22, 1961.

150

151

154

156

160

161

162

ii

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Page

V. Appendix A (cont'd)

Exhibit No.

Description

Memo from Sullivan. to Belmont,

9

August 30, 1963.

Memo from Baumgardner to Sullivan,

September 16, 1963

10

Memo for the Director from Tolson,

September 18, 1963

11

12

13

14

Memo from Sullivan to Belmont,

September 25, 1963

Classified (Deleted)

Memo from Belmont to Tolson,

October 17, 1973

Letter from Martin Luther King, JI.

Task Force to James Earl Ray,

December 15, 1976

15

16

17

18

Letter from James Earl Ray to

James H. Lesar, December 20, 1976

Transcript of Plea Hearing

Classified (Deleted)

Classified (Deleted)

Appendix B - Interview Memoranda

(Deleted)

165

167

169

170

175

176

177

178

194

200

201

iii

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I. INTRODUCTION

A. The Mission Of The Task Force

1. The Problem

On Noveuber 1, 1975, William C. Sullivan, former

..Assistant Director, Domestic Intelligence Division,

Federal Bureau of Investigation, testified before the

Senate Select Committee to Study Govemmental Operations

with Respect to Intelligence Activities. He related that

from late 1963 and continuing until the assassination of

Dr. Martin Luther King, JI., King was the target of an

intensive campaign by the F.B.I. to neutralize him as an

effective civil rights leader. Sullivan stated that in

the war. against King "No holds were barred." (Senate

Report No. 94-755, Final Report of the Select Committee

to Study Governmental Operations with Respect to

Intelligence Activities, Book II, p. 11). This and other

testimony describing this F.B.I. counterintelligence

campaign against king reached the public through the

news media. As a consequence there was a regeneration of

the widespread speculation on the possibility that the

Bureau may have had some responsibility in Dr. King's

death and may not have done an impartial and thorough

investigation of the assassination.

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2. The Attornsy General's Directive

On Novenber 24, 1975, the Attorney. General of the

United States directed the Civil Rights Division of the

Department of Justice to undertake a review of the files

of the Department and its Federal Bureau of Investigation

to determine whether the investigation of the assassination

of Dr. Martin Luther King, JI. should be reopened. More

particularly it was sought to be determined: (1) whether

any action taken in relation to DI. King by the FBI before

the assassination had, or may have had, an effect, direct

or indirect, on that event, and (2) whether any action was

taken by the FBI which had, or may have had, any other

adverse effect on Dr. King. Recoumendations for criminal,

disciplinary or other appropriate action were requested.

3. The Review up to Abril 26, 1976

In the next four months, the Assistant Attomey

General in charge of the Civil Rights Division, his

principal Deputy Assistant Attorney General and the

Chief of the Criminal Section of the Civil Rights

Division, acting as a review staff, variously read portions

of the FBI headquarters file on a person

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who served as an adviser to Dr. King, portions of the FBI

headquarters security file on Dr. King himself, portions

of the FBI headquarters file on the assassination investi-

gation, some Department (as opposed to FBI) files relating

to Dr. King, and other Bureau documents including everything

on Martin Luther King, JI., held in the late J. Edgar Hoover's

official, confidential and personal files.

By a memorandum to the Attorney General dated April

9, 1976, the Assistant Attorney General in charge of the

Civil Rights Division submitted a 51 page report: of the

Chief of the Civil Rights Division's Criminal Section dated

March 31, 1976, embodying the results of the three-man study,

limited to the above listed files, and concentrating almost

exclusively on the pre-assassination surveillance of, and

counterintelligence activities against, Dr. King.

The Assistant Attorney General recommended the

creation of a Departmental Task Force to couplete the

review he and his team had begun. He also recommended an

Advisory Comittee of distinguished citizens to advise with

the task force. The further review proposed included inter-

rogation of material witnesses, reading all the pertinent

field office files and reviewing all of the headquarters

files relating to Dr. King and possibly to other civil rights

activists.

A recoumendation was made to review tapes secured

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..

by electronic surveillance with a view to determining

which of such materials should be and could be legally

destroyed. The Assistant Attorney General felt that

the FBI should assess the culpability of its agents

involved in the wrongdoing by the principals naued in

the report.. His memorandum to the Attorney General

concluded that probably criminal redress was time-

barred, that civil remedies might be available to

the King family but might also be more eubarrassing

than helpful, and hence that consideration be given

to a direct payment by the settlement process or by

a private bill to compensate the King survivors, or

with the survivors' concurrence, the King Foundation;

if this last issue were left to the task force or an

Advisory Comission, it should consider the pros and

cons and recommend as it sees fit.

The Attomey General forwarded the Civil Rights

Division memoranda (and comments thereon fran the Deputy

Attorney Ceneral, the Solicitor General, and from staff

members and the Assistant Attomey General of the Criminal

Division) to the Counsel, Office of Professional Respon-

sibility. The Attorney General charged the Office of

Professional Responsibility with the work of completing

the review begun by the Civil Rights Division. His memo-

randum states:

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'My request for the review

involved four matters. First, whether

the FBI investigation of the Dr. Martin

Luther King's assassination was thorough

and honest; second, whether there was

any evidence that the FBI was involved

in the assassination of Dr. King; third,

in light of the first two questions,

whether there is any new evidence which

has come to the attention of the Depart-

ment concerning the assassination of Dr.

Ring which should be dealt with by the

appropriate authorities; fourth, whether

the nature of the relationship between

the Bureau and DI. King calls for criminal

prosecution, disciplinary proceedings, or

other appropriate action.

As the fourth point, I again note

that from the partial review which has

been made, Mr. Pottinger concludes 'we

have found that the FBI undertook a system

atic program of harassment of Martin Luther

King, by means both legal and illegal, in

order to discredit him and harm both him

and the movement he led.

Assuming that

the major statutory violations relevant

to this conduct would be 18 U.S.C. Section

241 and Section 242, Mr. Pottinger's memo-

randum concludes that any prosecution con-

templated under those acts would now be

barred by the five-year statute of limita-

tions with the possible exception which

would exist if there were proof of a con-

tinuing conspiracy.

As to the matter of new evidence

with respect to the assassination my under-

standing is that the Department has never

closed the Martin Luther King file and

that numerous allegations of the possible

involvement of co-conspirators are promptly

investigated. The thrust of the review which

I requested, however, was to determine

whether a new look at what was done by the

Bureau in investigating the assassination

or in the relationship between the Bureau

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and DI. King night give a different

"phasis or new clues in any way tr

he question of involvement in that

crime. At this point in the review,

as I read the memoranda, nothing has

turned up relevant on this latter

point.

The review is not complete.

Mr. Pottinger and all those who have

commented upon his memorandum recommend

that the review be completed. Mr.

Pottinger also has made other recoumen-

dations upon which there is some differ-

ence of opinion.

In my view, it is

essential that the review be coupleted

as soon as possible and in as thorough

a manner as is required to answer the

basic questions. In view of what has

already been done, and the tentative

conclusions reached, special emphasis

should be given to the fourth question.

In conducting this review you should

call upon the Department to furnish

to you the staff you need.

My conclusion as to the review

conducted by the Civil Rights Division

is that it has now shown that this

complete review is necessary, particu-

larly in view of the conclusion as to

the systematic program of harassment.

If your review turns up matters for

specific action, we should discuss the

best way to proceed on each such case."

B. The Task Force And The Method Of Review

The Counsel of the Office of Professional Responsi-

bility selected three attorneys from the Civil Rights Division,

Joseph F. Gross, JI., James R. Kieckhefer and William D. White,

one attomey from the Criminal Section of the Tax Division,

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James F. Walker, and a retired attorney Fred G. Folson,

who is currently a consultant to the Tax Division with

37 years of experience in Civil Rights Division (which

included homocide cases), Criminal Division and Tax

Division prosecutions. As the senior man the latter

was designated to head the task force. This committee

or task force began its work on May 4, 1976. "The committee

was further staffed by the addition of two research analysts,

Ms. Hope Byme and Mr. Geoffrey Covert, two secretaries,

Ms. Veronica Keith and Mrs. Renee Holmes, and to clerk-

typists, Mrs. Leroylyne Murray and Ms. Dana Boyd.

Consideration of a tentative outline for an eventual

report based on the chronology of events in the relationship

between Dr. Martin Luther King and the Federal Bureau of

Investigation brought the task force up against the fact

that the field of the history before the assassination had

just been plowed twice: once by the Civil Rights Division

memoranda of March 31, 1976, and April 9, 1976 and once

(among other kindred subjects) by the Senate Select Committee

to Study Govemmental Operations with Respect to Intelligence

Activities (Senate Report, No. 94-155 94th Congress, 2d

Session, Books II and III).

By way of contrast, however, the matter of the assas-

sination of Dr. King and the ensuing investigation had been

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judged by the Civil Rights Division's Assistant Attorney

General and his two assistants primarily on their famili-

arity with the Department file on the investigation as it

had progressed since 1968. The Civil Rights Division's

Martin Luther King, Jr., review memoranda reflected that

a study had been made of only the first 10 sections of the

FBI headquarters file on the assassination investigation

and only a random inspection was done of some of the remain-

ing 74 sections. There was no factual discussion or analysis.

The conclusion was reached by the Civil Rights Division staff

that "the Bureau's investigation was comprehensive, thorough

and professional"' (Murphy memorandum of March 31, 1976, p. 6).

It was determined therefore to begin the task force's study

with a complete review of the files on the FBI's investigation

of the assassination. It was the consensus of the review

team that by approaching the whole task by first examining

the character and completeness of the murder investigation

an answer could be made to the Attorney General's question

as to the Bureau's perfornance in that regard and also an

answer could be indicated to his question going to the Bureau's

possible responsibility, 1f any, direct or indirect, for

Dr. King's death.

After the examination of the FBI's investigation of

the murder of Dr. King, the review team proceeded to go

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back and complete the inquiry into the Bureau's pre-

assassination relationship with Dr. King. Necessarily

Included again in this second stage of our review was

the consideration of whether the FBI was in any way

Implicated in the murder directly or indirectly.

The task force rade a particular point of looking

at all the material in the FBI headquarters and field

office files on the Assassination Investigation, the so-

called 'Murkin File"' Murkin being an acronym for Murder

of King) 1/; the Martin Luther King Security File 2/; the

Cominfil-SCLC File (Cominfil being an acronym for Communist

infiltration; S.C.L.C., the initials for the Southern Christian

Leadership Conference) 3/: the file on Communist Influence

in Racial Matters 4/ and the advisor to King File 5/.

The "Mockin" file was solely concerned with the wurder investi-

gation. The other four files provided a multi-focal view

1/ FBI HQ. 44-38861

2/ FBI HQ. 100-106670

3/ FBI HQ. 100-438794

4/ FBI HQ. 100-442529 and the predecessor file

entitled Camnist Party, U.S.A. Negro Question;

FBI HQ. 100-3-116

5/ FBI HQ. 100-392452

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of the Bureau's intelligence and counterintelligence

activities with respect to Dr. Martin Luther King, Jr.

The scheme of citation hereinafter used will be to

minimize footnotes, place the source citation in the

body of the writing, and designate headquarters files

by 'HQ"' and number and serial and Field Office files

by city and number and serial, e.g.: Memphis 44-1987-

153). Exceptions to this scheme will be explained when

made.

The more voluminous of the pertinent files in

addition to the FBI headquarters files and the Washington

Field Office files were located in Merphis, Atlanta,

Baltimore, Charlotte, Birmingham, New Orleans, Los Angeles,

San Francisco, Kansas City, St. Louis, Omaha, Chicago,

Springfield (Ill:), Milwaukee and New York. These were

examined in place by visits by task force persornel. The

remaining files were xeroxed and forwarded for review in

Washington. Pertinent newspaper clipping files maintained

by the Department and by the Bureau and its field offices

were scanned.

In terms of papers examined, more than 200,000

entries, many with numerous pages concerning both the

murder investigation and the security investigation were

covered. The five attorneys sitting together originally

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and later, as the work progressed, splitting up to

work singly or in teams together with the research

personnel, considered separate sections of each file

compiling notes, commenting on, or reading aloud, or

noting for reading by all of the committee, items of

significance. Notes were taken, when pertinent items

were encountered, on a serial-by-serial basis ("serials"

being each separate document entry of one or more pages

in the file). The resulting books of notes were then

reviewed and used in conjunction with the original-source

serials for the develoment of the statements of fact

herein.

In addition witness interviews were reflected

in contemporaneous memoranda which aided in the development

of the facts recited.

Selected portions of the so-called Official and

Confidential files which had been kept in the office of

the late J. Edgar Hoover, some sensitive files in the

office of a Section Chief in the FBI Security Division,

and the files of forner Assistant Director William

Sullivan were reviewed.

So also were the pertinent

files of the Attorneys General.

The task force attorneys

reviewed the transcripts of key intercepted telephone

and microphone overheard conversations of DI. King

and his associates. These were spot checked

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for accuracy against the tapes of those surveillances.

A canvass of other investigative agencies was made to

determine whether their files reflected that intelligence

or counterintelligence requests had been made upon them

by the FBI in relation to Dr. King.

This included the

Defense Department, the State Department, the U.S.

Information Agency, the C.I.A., the Secret Service, the

Postal Inspection Service, the Internal Revenue Service's

Intelligence Division and the Treasury Department's Bureau

of Alcohol, Tobacco and Firearms. The material turned up

by these agencies was examined, albeit little of consequence

was discovered.

Relevant portions of the investigation reports

of the Memphis Police Department on the King murder were

xeroxed and studied.

In addition to official files, the task force persomel

considered published material from the public sector dealing

with DI. Martin Luther King, Jr., and his assassination.

Included in this category were a viewing of the Columbia

Broadcasting System 's program on the death of King in its series

"The Assassins," a National Broadcasting Company "Tomorrow"

program of April 4, 1974, and perusal of books and articles

on the Southern Christian Leadership Conference and the role

of the FBI in relation to the murder of Dr. King (see

Bibliography, App. A, Ex. 6). This lead to some valuable

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evidentiary material - principally the oral and written

statements of James Earl Ray - which

was used to buttress

the reconstruction of the facts of the murder and of the

FBI Investigation.

Some 30 interviews were conducted, principally in

the assassination phase of the task force study. They were

helpful in supplementing

the results of interviews done

during the murder investigation.

During the review of the Memphis Field Office files,

an on-site inspection of the crime scene was conducted and

the exhibits in the office of the Clerk of the County Court

for Shelby County, Termessee, were examined.

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II. THE ASSASSINATION INVESTIGATION

A. Events Surrounding April 4, 1968

1. The Poor People's Campaign

To understand the movements of Di. King during this

critical period, it is necessary to briefly discuss the

Poor People's Campaign (POCAM), originally called the

Washington Spring Project in which he and the SCLC were involved.

POCAM was scheduled to begin the first week of April 1968,

and involved recruiting sone 3,000 poor unemployed blacks

fran 16 localities in the United States for the purpose of

going to Washington, D.C., and petitioning the government to

improve their economic status (HQ 157-8428-51) .

The plan was to camp on the Washington Monument or

Lincoln Memorial grounds (HQ 157-8428-132). During the first

and second weeks, denands would be made of congressmen and

heads of departments, such as the Secretary of Labor. If the

demands were not met, nonviolent denonstrations were to be

conducted (HQ 157-8428.109) .

DI. King's planned travel schedule for February and

March included trips to 9 major cities and visits to various

points in Mississippi, Alabama, South Carolina, North Carolina

and Virginia (HQ 157 8428-75). By mid February Dr. King had

become discouraged with the lack of progress in recruiting and

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training demonstrators (HQ 157-8428-206). During this low

point in the POCAM Dr. King was pursuaded to alter his plans

and to go to Memphis, Ternessee, in support of a strike involving

the city's sanitation workers.

2. Memphis Sanitation Worker's Strike

On February 12, 1968, approximately 1,000 sanitation

workers employed by the city of Memphis called a wildcat

strike. The strikers were represented by Local 1733 of the

American Federation of State, County and Mmicipal. Employees

who demanded exclusive recognition of the union as bargaining

agent, setting up grievance procedures, wage improvements,

payroll deduction of union dues, and a promotion system as well

as a pension, hospitalization and life insurance program.

(HQ 157-9146-XL) .

The NAACP intervened in the strike because all of

the sanitation workers, excluding drivers, were black. A

militant young black power group known as the Invaders was

similarly interested in the strike. The group consisted of

about 15 members, mostly high school dropouts, and was a cell

of a larger group known as Black Organizing Power (BOP) headed

by Charles L. Cabbage and John B. Smith. The alleged purpose

of BOP was to stimulate a sense of black identity, black pride

and black consciousness in young blacks.

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The strikers were also supported by a group of black

ministers, connected with the Memphis Interdenominational

Ministerial Alliance, who adopted the name COME (Community on

the Move for Equality). It was members of this group that

were instrumental in bringing De. King to Memphis. On March 3,

1968, the Reverend James M. Lawson, JI., pastor of the

Centenary Nethodist Church, Memphis, and member of COME, stated

on a television program (WHBQ-IV) that he wanted to bring

Dr. King (and other heads of civil rights organizations) to

Memphis in an effort to unify the entire black community

behind the demands of the strikers (HQ 157-9146-X23). The

intervention of these various black commity organizations

caused the city of Memphis to be concerned about the racial

overtones of the strike and the possibility of violence

(HQ 157-9146-X1) .

De. King made his first visit to Memphis in support

of the strike on the night of March 18, 1968. On that occasion,

in addressing an estimated crowd of 9,000 to 12,000 people at

a rally sponsored by COME at the Mason Temple, he called for

a general protest day on March 22, 1968. All blacks were asked

not to go to work or school on that day and were urged to

participate in a massive downtown march. Dr. King and his

party stayed at the Lorraine Motel, 406 Mulberry Street, on

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the night of March 18, 1968 and left Menphis shortly before

noon on March 19, 1968, ostensibly to go to the State of

Mississippi in connection with the POCAM (HQ 157-9146-X39) .

The City of Memphis was virtually paralyzed by a

16-inch snowfall on March 22, 1968, resulting in the post-

ponement of the planned mass march to March 28, 1969. Dr. King

returned to-Mephis on the 28th, arriving at the airport at

approximately 10:22a.m. By that time approximately 5,000 to

- 6,000 people, about half of whom were of school age, had

congregated at the Clayborn Temple (located at 280 Hernando St.)

for the start of the march. According to the plan of the march,

the sanitation workers were in front with the remainder of the

people following behind. The march was to proceed north on

Hernando to Beale Street, thence west on Beale Street to

Main Street and north on Main Street to City Hall.

The march got underway at approximately 11:00a.m. and

had proceeded to Hernando and Beale before it was joined by

Dr. King. When the front of the march (led by Dr. King)

reached Main Street, teenagers and young adults at the rear

of the march near Third and Beale (two blocks from the front

of the march) ripped the signs off their poles and began

breaking store windows and looting. Mass confusion developed

and the police moved in to quell the disturbance.

The

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disruption of the march caused Dr. King's aides to conmandeer

an autonobile, and Dr. King and his party were escorted by

police to the Rivernont Hotel operated by Holiday Inns of

America. (HQ 157-9146-45). DI. King left the march at

11:15a.m. and checked into the Rivermont Hotel at 11:24a.m.

where he stayed until March 29, 1968. DI. King and his party

were scheduled to return to Atlanta on March 28, 1968, at

9:05p.m. via Eastern Airlines and were scheduled to leave

Atlanta the morning of March 29, 1968, for Baltimore

(HQ 157-9146-45). Thus, remaining in Memphis on the night

of the 28th was a change in plans.

The city ordered a 7:00p.m. curfew and approximately

3,500 members of the Ternessee National Guard were called out

to end the violence. During the disturbance four blacks were

shot, one fatally; approximately 150 fires were set; and over

300 persons were arrested. Approximately one percent of the

marchers engaged in looting and violence and many of these were

people who were criminally inclined and who had been in previous

trouble. The March 29, 1968, issue of the Memphis "Comercial

Appeal" reported that many of the looters and window breakers

were black power advocates and that several wore jackets of

the "Invaders"'. However, other sources, including Lieutenant

E.H. Arkin of the Memphis Police Department, indicated that

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many high school age students had put the word "Invaders"' on

their jackets for effect and were not necessarily affiliated

with the BOP movement (HQ 157-9146-45). The violence and

disruption of the march was of great concern to Dr. King

because of the possible effect it might have on the plarned

POCAM. Therefore, he vowed to return to Memphis and

demonstrate that he had not lost his effectiveness in

leading nonviolent marches.

DI. King, together with his SCLC staff, retured to

Memphis on April 3, 1968, at 10:33a.m. After a press

conference at the airport, the group proceeded to the Lorraine

Notel, arriving there at approximately 11:20a.m. At about

12:05p.m. Dr. King left the Lorraine Motel for a meeting at

the Centenary Methodist Church (Security and Surveillance Rept.

of G.P. Tines, Inspector, Memphis Police Department, dated

July 17, 1968). Dr. King announced at this meeting that his

purpose in returning to Memphis was to lead a mass march on

April 8, 1968 (HQ 157-9146-9 p.8) .

However, on April 3, 1968, United States District

Court Judge Bailey Brown issued a temporary restraining order

against further marches in Memphis (HQ 157-9146-9, p.l).

DI. King returned to the Lorraine Motel at 2:25p.m. and sometime

that afternoon Federal Marshals served him and his aides with

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the restraining order. (Security and Surveillance Rept. of

G.P. Tines, Inspector, Memphis Police Department, dated

July 17, 1968).

At approximately 4:00p.m. DE. King and the SCLC staff

met with the BOP group at which time Charles Cabbage requested

money to institute BOP plans to start a "Liberation School"

and a 'Black Co-op"'. DI. King agreed to use his influence

to secure funds for BOP and Rev. Andrew Young agreed to help

write up a plan. It is believed these concessions were made

to BOP in order to keep them in line and prevent them fron

following a violent pattern. (HQ 157-9146-9, р.9.)

On the night of April 3, 1968, Dr. King spoke to

approximately 2,000 persons at the Mason Temple. He emphasized

that the scheduled mass march must be held on April 8, 1968,

to re-focus attention on the eight-week old sanitation workers

strike.

After the speech, Solomon Jones, Jr., serving as

Dr. King's chauffeur drove him back to the Lorraine Motel.

Dr. King told Jones to report back on Thursday morning,

April 4, 1968, at 8:30a.m. because he had to appear in court

in connection with a restraining order. (Merphis 44-1987-2322

p. 51.)

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3. Dr. King's Activities on April 4, 1968

According to Mrs. Georgia M. Davis of Louisville,

Kentucky (FBI interview: HQ File 44-38861-2634, p.20) she,

Rev. A.D. Williams King, (Dr. King's brother) and Mrs. Lucie

Ward arrived in Memphis on April 4, 1968, from Florida and

registered at the Lorraine Motel at approximately 1:00a.m.

Upon inquiring about Dr. King, they were told that he was

attending a strategy meeting at a church. The three then

went to the church, but Dr. King was not there.

Returning to the motel, Dr. King's brother,

Mrs. Davis and Mrs. Ward conversed in room 207 until they

observed Dr. King, along with Reverends Ralph Abernathy

and Bernard Lee, getting out of a taxicab in the motel

courtyard at about 4:30a.m. DI. King was invited to room 207

where he visited with his brother, Mrs. Davis and Mrs. Ward

until about 5:00a.m. He then went to room 306 where he and

Rev. Abernathy were registered. About a half hour later

Dr. King went to room 201 where he visited with Mrs. Davis

for approximately one hour. Afterwards he returned to room

306 for a strategy meeting scheduled for 8:00a.m.

Solomon Jones, Jr., Dr. King's chauffer, returned

to the Lorraine Motel at about 8:30a.m. to take him to court.

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However, Rev. Andrew Young advised Jones that he was going to

court instead of Dr. King. Therefore Jones was requested

to remain at the motel. (HQ 44-38861-2322, p.51).

DI. King remained at the motel the entire day,

returning to room 201 at about 1:30p.m. to visit Mrs. Davis.

He was later joined in room 201 by his brother, Mrs. Ward,

Abernathy, Lee, Young, and Attomey Chauncey Eskridge.

The group conversed until about 5:45p.m. when Dr. King

announced they were going to dirner at the home of

Rev. Billy Kyles (HQ 44-38861-2634, p.23). */ Enroute to

room 306 to dress, Dr. King saw Solomon Jones, JI. in the

motel courtyard and told him to start the car as they were

preparing to go to dirner (HQ 44-38861-2322, p.52).

# There is a discrepancy in the exact time DI. King returned

Eo room 305. Mrs. Davis places the time at 5:45p.m. However,

in an FBI interview, Rev. Abernathy stated that on April 4,

1968, he and Dr. King did not leave the motel and spent most

of the day in room 306. He further stated that he and Dr. King

had been gone from their room for approximately one hour or

less when they returned to the room at about 5:30p.m. to get

dressed for dirner at the home of Rev. Billy Kyles. (HQ 44-38861-

2322, p. 48) .

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C

At approximately 6:00p.m. Dr. King and Rev. Abernathy

started to leave room 306. Rev. Abernathy stopped for a

moment and Dr. King walked out onto the balcony just outside

the door to the room (HQ 44-38861-2322, p.46). He saw Jones

standing beside the car on the ground level and began a

conversation about the weather. Jones advised DI. King

that he should put on a topcoat as it was cool outside.

During this conversation, Dr. King was facing west and Jones

was facing east and looking up at DI. King from the ground

level. As Dr. King acknowledged Jones' concern about getting

his topcoat, Jones heard a sound which he thought was a fire

cracker and Dr. King fell to the floor of the balcony in front

of room 306. Jones immediately called for help and a number

of Dr. King's aides, who were either in their rooms or standing

in the courtyard, rushed to his side (HQ 44-38861-2322, p. 52). E

* Some critics of the FBI investigation have speculated that

Solomon Jones, Jr. set DI. King up for the assassination by

unduly detaining him on the balcony. Nothing in the evidence

reviewed by the task force lends any credence to such speculation.

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4. FBI Intelligence and Local Police Activities

a. FBI Informants. Robert G. Jensen, the Special

Agent in Charge of the Memphis Field Office, and Joseph

Hester, case agent for MURKIN, have unequivocally assured

the task force that there was no electronic surveillance of

DI. King in Memphis. It was explained that Memphis was not in

the mainstream of DI. King's SCC activities (Interview

of Special Agent Joe Hester, June 23, 1976, App.B) .

However, FBI agents did observe the sanitation worker's

strike activities for intelligence purposes and the Memphis

Police Department (MPD) and confidential paid informants did

supply information to the field office. (Interview of former

SAC Robert Jensen, July 7, 1976, App.B) .

Our investigation disclosed that there were five paid

confidential informants providing intelligence regarding the

racial situation to the Memphis Field Office on a continuing

basis. The intelligence coverage provided by these individuals

related to the activities of the Nation of Islam, Black Students

Association of MSU, Students for a Democratic Society, Black

Organizing Power, Black United Front, Afro-American Brother-

hood, Invaders and the sanitation workers strike. There is

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no evidence that the activities of these informants related

directly to Dr. King. Moreover, there is no evidence

that would suggest that these informants were cornected in

any way with the assassination of Dr. King. (HQ 134-11867;

170-1841; 170-1922; 170-2530 and 137-4885.)

b. MPD Infiltration of the Invaders. In addition

to the paid FBI informants, an officer of the MPD infiltrated

the Invaders in an undercover operation. The officer who was

later exposed and is no longer with the MPD, was interviewed

by the task force. The undercover assignment began in

February of 1968 for the specific purpose of infiltrating

the Invaders who became active about the same time of the

sanitation workers strike. According to the officer the

MPD was primarily interested in the Invaders, not De. King,

because the MPD was concerned about what they might do. The

police officer was, in fact, accepted as a member of the

Invaders and participated in their activities. On the

evening of April 4, 1968, when Dr. King was shot, the informant

had been on a shopping trip with Reverend James Bevel and

Reverend James Orange. The informant said he returned

to the Lorraine Motel at approximately 5:00p.m. and was

standing in the motel courtyard at the time DI. King was

shot. He is positive that the shot that killed Dr. King

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came from the rear of the buildings which front on South

Main Street.

c. MPD Surveillance Detail and Removal of Detective

Redditt from Duty. " From the time of Da. King's return

to Memphis on April 3, 1968, until the time of his

assassination, he was under physical surveillance by the

MPD. Upon learning of Dr. King's flight schedule, Inspector

G.P. Tines of the MPD Inspectional Bureau instructed two

black plainclothes officers, Detective Edward E. Redditt and

Patrolman Willie B. Richmond, to go to the airport to observe

the arrival of Dr. King and to keep him under contiruous

surveillance in order to see with whom he came in contact.

According to Inspector Tines, the surveillance was ordered

because Dr. King was a controversial figure and had met with

local black militants on his prior visit to Memphis. While

at the airport a Mrs. Thomas Matthews pointed her finger at

Redditt and told him that she was going to get him. Report

of G.P. Tines, July 17, 1968, Re: Security and Surveillance

of De. King, App. B.)

*/ The removal of Redditt from duty was cited as one of the

bases for the House Select Cormittee to investigate the

assassination of Martin Luther King, Jr.

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In addition to the surveillance detail, Assistant

Chief of Police W.P. Huston ordered a detail of four men,

carmanded by Inspector Don H. Smith, to go to the airport

for the purpose of providing security for Dr. King. While

waiting for Dr. King to arrive, Mrs. Thomas Matthews

advised Lieutenant George K. Davis that she had come to the

airport to pick up Dr. King and that no one had asked for

police to be assigned to him. Inspector Smith also asked

Reverend James Lawson where they were going when they left

the airport and he replied: "We have not fully made up our

minds." Nevertheless, when De. King and his party left the

airport, Inspector Smith and his men followed then to the

Lorraine Motel, arriving there at approximately 11:20a.m.

With the assistance of Inspector J.S. Caglian and two other

officers, Inspector Smith and his men secured the entrances

to the motel.

DI. King and his party left the Lorraine Motel at

approximately 12:05p.m. and were followed by the security

detail to the Centenary Methodist Church where a meeting

was held. The detail secured the front and rear entrances

of the Church until approximately 2:15p.m. when Dr. King and

his group returned to the motel. The security detail then

returned to the motel area and resumed their positions until

they were ordered to headquarters by Chief J.C. Macdonald

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at approximately 5:05p.m. Inspector G.P. Tines stated in

his report that he was not conferred with and has no idea

why the security detail was removed from Dr. King after

5:05p.m. Former Chief Macdonald has no present recollection

of the security detail (Interview of James C. Macdonald,

former Chief MPD, December 22, 1976, App. B.) The security

detail was not resumed on April 4, 1968, (Reports of

Inspectors Don H. Smith and J.S. Gagliano as incorporated

in Report of Inspector G.P. Tines, supra.)

As a separate activity from the security detail,

Detective Redditt and Patrolman Richmond went to the airport

on April 3rd and observed Dr. King's arrival. When Dr. King

left the airport they followed him to the Lorraine Motel

and learned that he was registered in room 306. Redditt

telephoned headquarters and informed Inspector Tines where

DI. King was staying. At approximately 12:05p.m. Redditt

and Richmond followed Dr. King and his party to the

Centenary Methodist Church where a closed meeting of

approximately 30 black ministers was scheduled. Redditt

again called headquarters and advised his superiors of his

location. Redditt was instructed to leave Richmond at the

church and for him to return to the area of the Lorraine

Motel for the purpose of finding a suitable place where

close surveillance could be kept on the motel. Richmond

remained at the Centenary Methodist Church until the

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meeting was over at approximately 2:15p.m. Richmond then

went to Clayborn Temple where he thought Dr. King would

address the sanitation workers prior to a scheduled 3:00p.m.

march. However, Dr. King did not make an appearance there.

"Richmond telephoned headquarters at about 3:30p.m.. and was

advised that Dr. King had returned to the motel and that

Redditt had set up a surveillance post at Fire Station No. 2,

located at South Main and Butler streets. Richmond

imnediately left Clayborn Temple and joined Redditt: at the

fire station. (Interview of Patrolman W.B. Richnord,

April 9, 1968, MPD Statements, State V. James Earl Ray

p. 1444).

The rear of Fire Station No. 2 overlooks the Lorraine

Motel and provided an excellent vantage point where Redditt

and Richmond could observe Dr. King and his associates as

they entered and left the motel. On April 3, 1968, Redditt

and Richmond remained at their observation post until 6:35p.m.

at which time they were relieved by Lieutenant E.H. Arkin

and Lieutenant J.V. Papia of the MPD Internal Security Bureau.

(Statement of Edward E. Redditt, April 10, 1968, MPD Statements,

State vs. James Earl Ray P. 1453).

After leaving their observation post, Redditt and

Richnond went to the Mason Temple where Dr. King was

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scheduled to address a mass meeting. Shortly after they

arrived at the temple, Redditt was approached by Reverend

Malcomb D. Blackburn and told that the word was out that

he was over in the fire station near the lorraine Motel

spying with binoculars.

Reverend Blackburn also advised

Richmond that the temple was the wrong place for him

because the tension was too high. Fearing they would be

exposed, Redditt and Richnond left the meeting at approximately

8:50p.m. (Report of Inspector G.P. Tines.)

Redditt and Richmond resumed their surveillance

of the Lorraine Motel from Fire Station No. 2 on April 4,

1968, at 10:30a.m. At approximately 12:50p.m. Redditt

received a threatening telephone call from a female who

stated that he was doing the black people wrong, and they

were going to do him wrong. (Interview of Edward E. Redditt,

April 10, 1968.)

At approximately 4:00p.m., Redditt was ordered by

telephone to leave the fire station and report to headquarters

where he was advised that threats had been made on his life.

He was, therefore, ordered to move his family into a motel

under an assumed name by Frank Holloman, former Director

of Police and Fire, Memphis, Tenn. (Interview of Frank

Holloman, September 15, 1976, App. B.) Redditt was taken

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home in a squad car, but refused to move his family because

of a sick relative. At about the time the squad car arrived

in front of Redditt's residence, it was arnounced on the

radio that Di. King had been shot. After a couple of days,

Redditt did not hear any more about the threat on his life.

(Interview of Edward E. Redditt, July 8, 1976, App. B.)

In our efforts to trace the source of the threat, we

have found that Philip R. Manuel, an investigator with the

Senate Investigating Comittee, chaired by Senator McClellan

was in Memphis on April 4, 1968. While at the MPD Manuel

advised them based on a telephone call to his office in

Washington, that the Senate Cormittee Staff had information

from an informant in Mississippi that the Mississippi

Freedom Democratic Party had made plans to kill a 'Negro

lieutenant"' in Memphis. Manuel left Memphis on a 5:50p.m.

flight to Washington and the next day (April 5, 1968) he

telephoned the MPD and advised them that the threat was on

the life of a 'Negro lieutenant" in Knoxville rather than

Memphis. (Report of Inspector G.P. Tines, July 17, 1968,

supra.)

Philip R. Manuel neither has a present recollection

of providing the information regarding the threat to the MPD,

nor does he have a memorandum of the event. However, he

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confirmed that he was in Memphis and visited the MPD at.

the time stated and that his office did have a Mississippi

source. Moreover, he said the events sounded familar and

he believed the MPD records were correct. (Interview of

Philip R. Manuel, September 28, 1976, App. В.)

Although Redditt was relieved from duty at Fire

Station No. 2, Richmond remained there and continued to

observe who entered and left the motel. At approximately

6:00p.m. Richmond saw Dr. King leave his room and walk

to the handrail on the balcony. The Reverend Billy Kyles

was standing off to DI. King's right. An instant later

Richnond heard a loud sound similar to a shot and saw

Dr. King fall back from the handrail and put his hand up

to his head. At approximately 6:01p.m. Richmond telephoned

headquarters and reported that DI. King had been shot.

He was instructed to remain at the fire station. Richmond

then yelled to members of a MPD tactical squad (which had

stopped at the station a few moments earlier) that he

believed Dr. King had been shot. He then ran to the front

of the fire station and looked north and south on South Main

Street, but did not see anyone ruming or walking, except

the men in the tactical squad who left the fire station

ruming in different directions. Shortly thereafter,

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Captain J. G. Ray arrived at the fire station and instructed

Richmond to go to headquarters and make a detailed report

of what he had seen. (Interview of Patrolman W.B.. Richmond,

April 9, 1968, supra.)

d. Details of Two Black Firemen from Fire Station

No. 2$/ As of April 3, 1968, Norvell E. Wallace and Floyd E.

Newsun were the only black firemen assigned to Fire Station

No. 2 of the Memphis Fire Department (MFD) • Wallace was

working the night shift on April 3rd and Newsum was scheduled

to report for the day shift on April 4th. Both of these

individuals actively supported the sanitation workers strike,

attending their rallies and making financial contributions.

In our interview of Wallace (Interview July 8, 1976

App. B.) he stated that at about 10:00 or 10:30 on the night

of April 3rd his captain told him that a call had come in

requesting that a man be detailed to Fire Station No. 33.

He was immediately detailed to No. 33 although it was raining

and he was preparing to go to bed. Wallace further stated

that while Fire Station No. 33 was understaffed as a whole,

there was no shortage of personnel for the pump truck on which

he worked.. Otherwise, he does not know why he was detailed.

* The details of the black firemen from Fire Station No. 2 is

a second reason cited as a basis for the House Select Comittee

to investigate the assassination of Martin Luther King, JI.

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Also, on the night of April 3rd Fireman Newsum, in

a wholly personal capacity, attended a rally at the Mason

Temple where Dr. King made his last speech.

When he returned

home (about 10:30p.m.) there was a message for him to call

Lt. J. Snith at the fire department.

When he called,

Lt. J. Snith ordered him to report to Fire Station No. 31

on the morning of April 4th rather than Fire Station No. 2.

Newsun claims that Fire Station No. 31 was overstrength at

the time and his detail made his company short. Moreover,

he says he never has received a satisfactory explanation

why he was detailed. However, he did say that It. Barnett

at one time told him he was detailed at the request of the

police. (Interview of Floyd E. Newsum, July 8, 1976,

App. В.)

Interviews of past and present members of the MED have

failed to disclose the individual who initiated the order or

the reason for detailing Wallace and Newsum. According to

former Lt. Jack Smith, he received a telephone call between

3:00p.m. and 5:00p.m. on April 3, 1968, from either Captain

James I. Baity or former Assistant Chief Arthur J. Rivalto

in the personnel department specifically requesting that

Newsum be detailed. No reason was given for the detail.

Smith said he immediately called Newsum, but Newsum was not

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hone. Therefore, Smith left a message for Newsum to call

the fire station. Newsum called about 10:30p.m. and Smith

advised him of the detail (Interview of Jack Snith, dated

September 27, 1976).

Wallace's commanding officer, then Captain R.T.

Johnson, likewise stated that he received a telephone

call fran someone in the persornel department requesting

him to detail Wallace. However, Johnson has no present

recollection of who the individual was that made the

request. (Interview of R.T. Johnson, Deputy Chief, Memphis

Fire Department, December 21, 1976, App. B.)

Neither Captain Baity nor former Assistant: Chief

Rivalto has any present recollection of the detail of

Wallace of Newsum. Captain Baity indicated that any

district chief could have ordered the men moved (Interview

of James I. Baity, September 27, 1976, App. B). Also,

former Assistant Chief Rivalto said the fire department

shifted people around all the time when a company became

understrength because of sickness, etc. (Interview of

Arthur J. Rivalto, September 27, 1976, App. B).

Similarly, the former Chief of the MFD, Edward A.

Hamilton, has no recollection of the details. He speculated

that the men could have been detailed for a "fill in" to

bring a campany up to strength (Interview of Edward A.

Hamilton, September 27, 1976, App. B) .

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The MFD Strenth Report-Firefighting Personnel for

Shift "A"

, Battalions One and Eight, dated April 3, 1968

(attached to Reinterview of James R. Boatwright, October 20,

1976, App. B) show that Wallace's Company No. 2 at Fire

Station No. 2 was operating at minimum strength (five men)

after he was detailed; whereas Company No. 33 to which he

was detailed operated at one over the minimm strength

(four men) after the detail. Likewise, the Strength Report

for Shift "B"' for Battalions One and Two, dated April 4,

1968 (Also attached to the Boatwright interview of October 20,

1976) show that Newsum's Company No. 55 at Fire Station No. 2

was operating at minimum strength (five men) after the detail,

but Company 31 to which he was detailed operated at one over

the minimum strength (four men) after the detail.

However, former Deputy Chief James O. Barnett stated

that the people on the security detail operating out of

the fire station probably felt better without Wallace and

Newsum around (Interview of James 0. Bamett, September 27,

1976.) On the other hand, Assistant Chief Janes R. Boatwright

explained that they were having a very tense situation at

the time; that a number of threatening calls had been

received at Fire Station No. 2; and that the consensus of

opinion was that Wallace and Newsum were detailed for their

own protection, since they were the only black firemen assigned

to that station (Interview of James R. Boatwright, September 23,

1976).

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In this connection MPD Patrolman Willie B. Richnond

and former Detective Edward E. Redditt, who conducted the

surveillance of Dr. King and his associates from the fire

station, were recontacted and specifically asked whether

they had requested that Wallace and Newsum be detailed.

Both Richmond and Redditt denied that they made such a

request or had knowledge of any one else in the police

department making such a request (Reinterviews of Richmond

and Redditt, September 28, 1976, App. B) . •

Our investigation has not disclosed any evidence

that the detail of Wallace and Newsun was in any way

connected with the assassination of Dr. King. However,

the circumstances surrounding the details strongly suggest

that both men were detailed because they supported the

sanitation workers and were considered to be a threat to

the security of the surveillance of Dr. King conducted from

the fire station by Patrolman Richmond and Detective Redditt.

e. MPD Tactical Units- Their Deployment and

Activities on the Evening of April 4, 1968. When the sanitation

workers of Memphis began their strike in February of 1968, the

MPD either organized or beefed up various tactical units.

Generally, each of these units consisted of 12 law enforcement

officers fron the MPD and the Shelby County Sheriff's Department.

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These units were organized for the purpose of avoiding riots

which other cities, such as Detroit, had experienced (Interview

of Frank Holloman, former Director of Fire and Police for the

City of Memphis, September 15, 1976, App. B). Documents

obtained from the State's Attorney General (Item 9 from MPD

Miscellaneous Records) show that on the evening of April 4,

1968, at the time Dr. King was shot, there were nine tactical

units in service at various locations as follows:

Tact Unit No.

6

Street Locations

Thomas and North Parkway

8

Jackson and Watkins

99

Chelsea and Watkins

10

Main and Butler

11

12

13

Georgia and Orleans

Trigg and Latham

Bellevue and Effie

17

Union and Bellevue

18

Fourth and Gayoso

In addition to the tactical units, the documents

obtained from the State's Attorney General show that there

were ten regular police cars (with 3 to 4 men per car) in

the general area of the Lorraine Motel. These cars were

at the following locations at the time Dr. King was shot:

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Car No

224

Street Locations

Main and Beale

228

Third and Poplar

232

Fourth and Butler

230

Union and Front

236

Third and Belz

245

247

Second and Gayoso

Crump and Barton

365

Lamar and Bellevue

367

Poplar and Cleveland

369

Linden and East.

The map (Part of Item 9 from MPD Miscellareous

Records, see App. A, Ex. 1) shows that Tact Units 10 and 18

were within a radius of one mile of the crime scene (200

block of Mulberry Street) at the time of the shooting; and

Tact Units 6,11 and 12 were within a radius of two miles

of the scene. Tact Uhits 7,14,15 and 16 were located outside

the boundaries of the map and are not shown. Cars rumber

224,230,232,245 and 247 were within a radius of one mile of

the scene and cars number 228 and 369 were within a radius

of two miles. However, cars number 236,365 and 367 were

outside the boundaries of the map.

Particular emphasis is given to Tact Unit 10 and

the activities of its men, as this nit was located at

Fire Station No. 2 (S. Main and Butler) at the time of the

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shooting. On the afternoon of April 4, 1968, Tact Unit 10,

consisting of three cars and 12 men stopped at Fire Station

No. 2 for a rest break at approximately 5:50p.m. The unit

was cormanded by It. Judson E. Ghormley of the Shelby County

Sheriff's Department. The other nembers of the unit included

Deputies W.A. DuFour, W.J. Berry, Vernon Dollahite, R.N, Baker

and Ronald Maley of the sheriff's department; and Patrolmen

Carroll Dunn, William Gross, Jason Morris, Barney Wright,

Enmett Douglass and Torrance Landers of the MPD.

Interviews of the above named men indicate that when

the unit arrived at the fire station, the cars were parked

on the north side of the fire station entrance with the lead

car actually obstructing the sidewalk. The second car was

parked directly behind the lead car and the third car was

double parked alongside these two cars. (MPD Statements,

State v. James Earl Ray, DuFour p. 1449; Berry p. 1450;

Ghormley pp.1451 and 1532; Dollahite pp.1455 and 1505;

Durn p. 1457; Gross p. 1460; Morris p. 1463; Wright p. 1466;

Baker p. 1468; Douglass p. 1469; Landers p. 1471 and Maley

p. 1480.)

While Patrolman Douglass remained with the lead car

to monitor the radio, all of the other men went into the fire

station to take a break. When the shot was fired that killed

Dr. King (at approximately 6:01p.m.), these men were at various

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locations in the fire station drinking coffee, making telephone

calls, etc.

Patrolman Richnond, who was marning the surveillance

post in the rear of the station, yelled throughout the station

that Dr. King had been shot.

The members of the tact unit,

some of whom had heard the shot, all ran out the north side

of the fire station and then east toward the rear of the fire

station and the Lorraine Motel. (See diagram of crime scene,

App. A. Ex. 2) .

Patrolman Douglass, who had remained in the lead car

to monitor the radio, heard the shot when it was fired. He

inmediately got out of the car and ran toward the rear of the

fire station with the other men. After Patrolman Douglass

realized what had happened, he returned to the lead car, along.

with Patrolman Wright, and radioed the dispatcher that Dr. King

had been shot. Douglass and Wright then drove the lead car

south on S. Main to E. Butler, east on E. Butler to Mulberty

and north on Mulberry to the entrance of the Lorraine Motel.

Douglass and Wright later drove the car, accompanied by one

or two other unidentified officers, north on Milberry to

Huling, west on Huling to S. Main and south on S. Main to the

front of the buildings located just north of the fire station. El

There are conflicts in the statements of Douglass, Wright

and Ghormley: Douglass stated that Ghormley and other unidentified

officers got in the car with him at the fire station and they drove

to the Lorraine Motel. According to Wright's version, he and

Douglass left the tire station together and picked up one or two

other unidentified officers at the Lorraine Motel. On the other

hand, Ghormley claims he turned around at the concrete wall at the

rear of the fire station and ran to the front of the station and

then north on S. Main Street.

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The other men in the tact wit continued to the rear

of the fire station to a concrete retaining wall abutting

Mulberry Street. DuFour, Dollahite, Morris, Baker, Landers,

Maley and Dunn climbed down the concrete wall and ran across

Mulberry Street to the Lorraine Motel. DuFour and Morris ran

up the stairs to the balcony where Dr. King's body lay.

The people there said the shot had come from a red brick

building north of the fire station on S. Main Street. While

Dufour remained with Dr. King's body until the ambulance came,

Morris ran north on Mulberry to Huling and west on Huling to

the north side of the buildings facing S. Main Street. Another

officer (probably Maley or Dunn) was already at that point,

and Morris stopped there to assist him in securing that area.

Baker ran to the Motel balcony where DuFour was standing

beside Dr. King's body. He then ran back to Milberry St. and

ran north for a distance to an alley. Baker ran into the

alley looking for anything suspicious. He noticed that

other members of the tact unit were securing a building

(probably the building with its north end on Huling).

Therefore, Baker went to the corner of Mulberry and E. Butler

and took up a position there.

After Landers learned the direction the shot came

from, he found a 55-gallon drum and climbed back up the

concrete retaining wall on Mulberry St. into the lot on

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which the building where the shot was fired is located. Landers

observed that the bathroom window was partially opened and

he saw an elderly white male come up to the window and look out.

He ordered him to get back from the window. Landers also saw

an elderly white female looking out a window directly south

of the bathroom window. He ordered her to get away from the

window. Landers also checked the bushes on the lot for

evidence and checked the entire area for footprints. After

other officers arrived, Landers and another MPD officer

climbed onto the roof of a one story building which backs

up to Mulberry St. This building runs along the north side

of the building whence the shot was fired. Finding nothing

on the roof, they came down and started up an alley leading

to a basement. About 10 feet up the alley they found two

fresh footprints in the mud. Landers guarded these footprints

until homicide detectives arrived on the scene.: Subsequently,

a plaster case was made of each footprint. However, the

footprints were never positively identified by either the

MPD or the FBI.

Upon learning where the shot was fired from, Dollahite

and Maley ran out of the motel courtyard, turned north on

Mulberry to Huling and west on Huling toward S. Main. Maley

stopped in the center of the block and began guarding the

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nortin end of the building. However, Dollahite continued running

(with gun drawn) to S. Main and turned south on S. Main.

Dollahite noticed a number of patrons in Jim's Grill at 418

S. Main. He ran into the cafe and ordered everyone to remain

seated and not to leave. Dollahite then stopped momentarily

at Canipe's Amusement Company located at 424 S. Main where

he observed a green bed spread lying in the doorway partially

covering a blue suitcase and a box containing a rifle.. As he

continued down S. Main a short distance near a fenced-in

parking area, Dollahite observed Lt. Ghormley and another

officer coming north on S. Main. Dollahite turned around

at that point and walked back to Canipe's store ahead of

Lt. Ghormley and then crossed the street for the purpose of

securing the front of the building. After he took up his

position, Douglass and Wright drove up in the lead car.

Other officers who did not climb down the retaining

wall at the rear of

the fire station and run to the motel

are Chornley, Gross and Berry. After running to the

retaining wall and observing the people pointing to the

building on S. Main St., Berry came back to the fire station

entrance, jumped in a cruiser and drove north on S. Main to

the first intersection at Huling where he stopped the car

in the street and secured that area.

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Ghormley and Gross also retured to the front of

the fire station after first ruming to the retaining wall.

They both turned north on S. Main and ran toward Huling.

Ghormley stopped at Canipe's Amusement Co. where he observed

what appeared to be a blanket partially covering a blue

suitcase and a Browning rifle box with about a foot of the

barrel of a rifle exposed.

The apparent discrepancies in the statements of

Ghormley and Dollahite can be accounted for only by the

mass confusion which must have occurred immediately after

the shooting. However, it appears that Dollahite first

observed the bundle while runing south on S. Main with

his gun drawn. But, he continued past Canipe's Amusement

Company and after he saw Ghormley and the other officer

coming north he turned around and took up a position on the

opposite side of the street from Canipe's.

Guy H. Canipe, the owner of Canipe's Amusement Co.,

inforned Ghormley that a white male had just dropped the

bundle in front of his door a minute or two earlier and had

run south on S. Main. Ghormley radioed this information to

headquarters and stood guard over the articles. Shortly there-

after, Canipe told Chormley that a white Mustang autonobile

had left the area at a high rate of speed after the bundle was

dropped. Chormley also radioed this infornation to headquarters.

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According to the transcript of the MPD radio tapes

(MPD James Earl Ray Supplements, Attorney General's copy,

Supplement 79, p.1714) Tact Unit 10 advised the dispatcher

that Dr. King had been shot at the Lorraine Motel at 6:03p.m.

By 6:06p.m., the dispatcher had ordered a circle formed

around the Lorraine Motel and the buildings west of the

motel on S. Main. Moreover, patrol cars and other Tact

Units had begun to arrive on the scene. At 6:07p.m. Tact

Unit 10 advised the dispatcher that the weapon was in front

of 424 S. Main and that the subject ran south on S. Main.

At 6:08p.m. the subject was described as a well-dressed, young,

white male. At 6:10p.m. the dispatcher relayed information

from Tact Unit 10, that the subject had left the area in a

late model white Mustang.

The men in the Tact hits and patrol cars kept the

area sealed off, directed traffic, and checked out suspicious

individuals while detectives from the Homicide Squad investi-

gated the scene. Inspector Nevelyn E. Zachary of the MPD

Homicide Squad arrived at the Lorraine Motel at approximately

6:15p.m., and by 6:30p.m. he had taken custody of the bundle

of articles found in the doorway of Canipe's Amusement.

Zachary turned the bundle, except for a tee shirt and pair

of shorts, over to the FBI at about 9:30 or 10:00p.m. The

tee shirt and shorts were also turned over to the FBI after

the laundry marks were checked with local laundries (Interview

of former Inspector Nevelyn E. Zachary, September 15, 1976,

App. B).

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B.

The FBI Investigation Of The Assassination

1. The Department of Justice Response and FBI

Performance

a. The Murder. At approximately 6:00 p.m. on

April 4, 1968, Dr. Martin Luther King, Jr., was standing

on the balcony outside of his room at the Lorraine Motel

in Memphis, Tennessee. Moments later, Dr. King was shot

by a high power rifle and then rushed to St. Joseph's

Hospital. At 7:05 p.m. he was pronounced dead. The

cause of death was a bullet wound which tore the major

neck blood vessels and severed the spinal cord at the

. root of the neck (Memphis 44-1987 Sub sec. 1-13, and see

autopsy report, App. A, Ex. 3).

b. Top Priority Investigation Ordered. The Memphis

Police Department was imnediately aware of the King assault

and promptly notified the FBI Memphis Field Office headed by

SAC Robert G. Jensen. SAC Jensen telephonically relayed the

information to Washington where Director Hoover and Attorney

General Clark were informed. The Memphis Field Office was

directed on the evening of April 4, 1968 to immediately conduct

a full investigation of the matter as a possible violation

of 18 U.S.C. 241, the civil rights conspiracy statute (HQ 44-

38861-109) •

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This directive soon became national in scope with

SAC's in all FBI Field Offices being ordered by teletype

on April 7, 1968, to participate and conduct a top priority

investigation under their personal supervision. This meant

all leads were to be afforded inmediate, thorough and

imaginative attention and all possibilities from such leads

exhausted. Also, 24 hours was set as the period after receipt

of a lead within which the investigation and reporting mist

be completed. All SAC's were to bear personal responsibility

for any failure to handle the investigation (HQ 44-38861-153).

c. Progress of the Investigation. The breadth of

this top priority investigation is repeatedly evidenced in

the Murkin files. All informant sources - racial, security

and criminal - were imnediately alerted and contacted for

information. The KKK and other hate groups as well as

individuals known to have violent proclivities were checked.

The files were checked for prior threats against Martin Luther

King, Jr. (HQ 44-38861-2649). Name checks were contimously

being made on Selective Service records, city and telephone

directories, drivers license bureaus, motor vehicle divisions,

financial institutions, credit records, criminal and civil

records, marriage licenses, public utility rolls, unions,

cannon carrier passenger lists and more (e.g.HQ 44-38861-233).

(1) Bessie Brewer's Rooming House. Key information

was developed early at Bessie Brewer's Roaning House whence

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the shot was fired. Bessie Brewer, Charles A. Stephens

and Willian C. Anchutz were interviewed and a physical

description of a suspect was obtained.

Bessie Brewer, resident manager of the rooming house,

explained that a "John Willard"' registered with her April 4,

between 3:00 p.m. and 3:30 p.m. He was first directed to

Room 8, but rejected it because it had a stove and refrig

erator. Instead, he asked for a sleeping room only and

accepted Room 5-B in the rear of the hostelry. This room

provided a window with a view of Dr. King's room at the

Lorraine Motel. Mrs. Brewer described the new tenant as

a white male approximately '35 years of age, 5'11"' to 6' tall,

weighing 180 pounds with a medium build and presenting a neat

clean appearance (Memphis 44-1987 Sub Sec. 1-15).

Stephens, who was in his room on the afternoon of

April 4, remembers hearing footsteps between Room 5-B

and the bathroom. He also remembers the bathroom being

occupied for considerable periods of time - 20 to 30 minutes -

without water running or the toilet being flushed except for

the last visit. This last visit ended when he heard what

he is certain was a gun shot. Interrupted by the shot,

Stephens opened his door to the hallway to see a man running

down the hallway carrying a large wrapped bundle. As this

man ran down the hall in the direction of Anchutz, Stephens

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recalls believing that he had seen this person earlier

that afternoon with Mrs. Brewer. Stephens described him

as a white male of average build, in his 30's, 5'10"' to 11"'

tall, weighing 165 pounds and wearing a dark suit presenting

a neat clean appearance (Memphis 44-1987 Sub A sec. 1).

Like Stephens, Anchutz was a resident of the rooming

house and in his room at the time of the shooting. Also

Like Stephens, Anchutz occupied a room adjacent to "John

Willard." He recalls watching television in his rcom that

afternoon when he heard a gun shot. Immediately, he went

to the door and as he opened it saw a man running toward him.

This man covered his face as he ran and carried a blanket

wrapped bundle. Anchutz addressed the man, saying: "I

thought I heard a shot." The man responded: "Yeh, it was a

shot." Anchutz described the man as 6' tall with a slim

build and in his 30's (Memphis 44-1987 Sub A sec. 1).

(2) Canipe Amusement Company. The Canipe Amusement

Company is located at 424 South Main Street and is just a

short distance from Bessie Brewer's Rooming House at 422%

South Main Street. In the recessed entrance to Canipe Company

a blanket wrapped bundle (presumably the bundle Stephens

and Anchutz saw) containing valuable pieces of physical

evidence was recovered shortly after the shooting.

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The store owner, Guy W. Canipe, and two customers,

Bernell Finley and Julius I. Graham, were in the store at the

time of the assassination. Each was interviewed by the

FBI and described hearing a "thud"' which drew their attention,

and as they looked to see what had happened, they observed

the blanket wrapped bundle in the entrance. At the same

time, they saw a man dressed in a dark suit walking rapidly

south on the sidewalk away fron the bundle. A few moments

later, they said, a white compact autonobile - possibly a

Mustang - proceeded north on South Main Street at a high

rate of speed. The male was described as white, approximately

30 years of age with a medium build, 5'10"' to 6' tall and

weighing 160 to 180 pounds. (Memphis 44-1987 Sub A sec 1).

The bundle, after being discovered at Canipe's doorway

by a member of a Memphis Police Department Tactical Squad,

first came into the custody of Inspector Zachary of the

Memphis Police Department's Homicide Bureau. Later in the

evening of April 4, 1968, between 9:00 p.m. and 10:00 p.m.,

Inspector Zachary delivered the bundle to SAC Jensen who

immediately had it flown by agent courier to Washington for

laboratory examination (Memphis 44-1987-610). The bundle

contained a Model 760 Remington Gamemaster rifle, 30-06

Springfield caliber, and a blue zipper bag. The bag contained

various toilet articles along, with a pair of men's underwear

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with laundry tags, a pair of binoculars, two cans of

beer, and a paper bag bearing an advertisement for York

Arms Company, Merphis, Tennessee, with a York Arms Company

cash sales

receipt dated April 4, 1968 Memphis 44-1987

Sub A sec 1).

(3) Information and Physical Evidence Tracked. The

investigation continued with emphasis on tracing all physical

evidence and information received. To this end a search

of all Memphis area hotels and motels was initiated for

the source of the blanket and bar of soap found in the blue

zipper bag. Also, registrations at area ins were exarined

for the unknown suspect who fled the rooming house and who

might be driving a white compact automobile. At the same

time, the rifle, scope, binoculars, cans of beer, laundry

tags and other items were tracked (HQ 44-38861-139) .

The rifle and scope were quickly traced to the Aero

Marine Supply Company in Birmingham, Alabama. The rifle

was sold to a 'Harvey Lowlyer" March 30, 1968. The scope,

along with a second rifle, was purchased March 29, 1968,

but "Lowwyer"' exchanged this rifle the following day for

the one recovered at the Canipe Amusement Company. Accord-

ing to the Aero Marine salesman, "Lownyer" explained that

he talked with his brother and was advised a more powerful

rifle was necessary for deer hunting in Wisconsin. However,

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a laboratory examination of this retured rifle revealed

that it was clogged with cosmoline (a heavy grease firearm

preservative) and could not be loaded and readied to fire

(HQ 44-38861-432). The salesman also provided a physical

description of "Lownyer"' which matched those previously.

obtained (HQ 44-38861-180) •

The paper bag and the sales receipt frot York Ars

Company led agents to the Memphis tore where the binoculars

were purchased. The York Arms salesman explaired that he

sold the pair of binoculars at approximately 4:00 p.m.

April 4, 1968, to a white male matching the descriptions

previously obtained (Memphis 44-1987 Sub A sec. 1). By

checking the manufacturer's can codes and distribution records,

the two beer cans were traced to Southhaven Minnow Shop,

Southhaven, Mississippi (HQ 44-38861-1360).

The center of the investigation shifted from Memphis

to Birmingham on April 9, when the search of Memphis inns

focused on the Rebel Motel and the April 3 registration

record of an Eric Starvo Galt. It was already known that

the rifle and scope were purchased in Birmingham and the

Galt registration also pointed to Birmingham. The registra-

tion record aroused interest because Galt registered for the

night of April 3 only, listed a Birmingham address and drove a

Mustang with Alabama license plates, (HQ 44-38861-1180) •

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The possibility of a link between Eric Starvo

Galt and the unknown subject was pursued in Alabana by the

Birmingham and Mobile offices.

In their pursuit they

learned that on August 29, 1967, Galt purchased a 1966

white Mustang automobile. The Bureau agents also learned

that the State of Alabama issued a motor vehicle operator's

license in October 1967 to Eric Starvo Galt, 2608 Highland

Avenue, Birmingham, Alabama. The physical description

obtained from this license matched those previously received:

white male, bom July 20, 1931, 5'11"' tall, 175 pounds with

blue eyes and brown hair (HQ 44-38861-1180).

When the investigation moved to Galt's Birminghan

address it was learned that Galt lived there in late August

until early October 1967. Because of the length of this

contact, emphasis was placed on developing infornation on

Galt's background. Significantly, it was learned that during

his Birmingham sojoum Galt expressed an enthusiastic

interest in dancing and attended dancing school there

(HQ 44-38861-607) .

(4) Los Angeles. Soon after the Birmingham connection

was uncovered Los Angeles became a focal point in the investi-

gation. The significance of Los Angeles becane apparent

April Il, with the knowledge of four facts.

One, when on April 11, 1968, the Bureau located Galt's

abandoned Mustang in Atlanta a search of it indicated that

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Galt had had it serviced twice in the Los Angeles area

(HQ 44-38861-989) .

Two, also incident to the search of the Mustang a

fragment of cardboard torn from a Kleenex box was found.

On it were the names and Los Angeles addresses of Anita

Katzwinkel and Ginger Nance (HQ 44-38861-989) :

Three, laundry markings from the recovered underwear

were tracked to Hone Service Laundry and Dry Cleaning,

Hollywood, California (HQ 44-38861-885). The following

day agents learned that the name Eric Starvo Galt appeared

in the laundry's records.

Lastly, a pair of pliers recovered from the blue

zipper bag were traced to the Rompage Hardware Store which

is within five blocks of Home Service Laundry and Dry

Cleaning (HQ 44-38861-1174).

Since it was known that while in Birmingham Galt

pursued an interest in dancing, all dance schools in the

Los Angeles area were checked. Galt's name appeared in

the records of the National Dance Studio, Los Angeles.

(44-38861-1293).

Eventually, the dance studio contact proved to be

most important because it was through an interview with the

dance studio owner that a photograph of Eric Starvo Galt was

finally obtained. The owner keyed the agents to an interest

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Galt had expressed in attending a bartending school

(HQ 44-38861-1066). Checking the area, the Intemational

School of Bartending was located and it provided Galt's

graduation photograph. For the first time, agents were

able to see and distribute a photo of their subject. To be

sure of maximum dissemination, the photo was circulated among

the news media (HQ 44-38861-967) .

While in Los Angeles Galt first lived at the Serrano

Apartments and later at the St. Francis Hotel. Persons

contacted at these locations called him a "loner" and

described him as a person who kept to himself. A departure

from this characterization, however, was reported by Charles

Stein who, at no expense to himself, rode with Galt in the

Mustang from Los Angeles to New Orleans and return.

Stein explained that he and his sister Rita Stein met

Galt through their cousin Marie Martin who was working as a

bar maid at the Sultan Bar located in the St. Francis Hotel.

Galt had mentioned to Martin that he was plarning to drive

to New Orleans and she asked if he would be willing to give :

her cousin a ride there in order to pick up her children.

He agreed, but it was Charles and not Rita who went along

with Galt (HQ 44-38861-1117).

Notwithstanding the information Stein provided, the

investigation moved no closer to locating Galt. New Orleans

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was scoured for clues and although Galt's hotel and room

were located the effort was fruitless (HQ 44-38861-1197).

Stein also stated Galt made several telephone calls from

pay telephones along the way but an exhaustive search of

countless telephone records, mumbers and subscribers

produced nothing (e.g. HQ 44-38861-3857). Lastly, Stein

explained that Galt conditioned the ride to New Orleans

on Charles Stein, Rita Stein and Marie Martin joining

George Wallace's American Independent Party. Each joined

but again the ensuing investigation of this lead learned

nothing (HQ 44-38861-1003).

(5) Atlanta. On April 11, 1968, a citizen call came

through to the Atlanta Police Department reporting the missing

white Mustang. According to this caller and another person,

both interviewed by the FBI, the abandoned Mistang was parked

shortly before 9:00 a.m. April 5, 1968, by a lone man matching

- Galt's description. The discovery of Galt's Mustang immediately

caused agents to seek out any additional contacts by Galt in

Atlanta (HQ 44-38861-989).

Because Galt was believed to use low cost rooming houses

all such establishments were contacted for any sign of him.

Success was found at Jirnie Dalton Gardner's Rooming House

where Galt registered March 24, 1968. Although Galt was

nowhere to be found,

le had left evidence behind.

Found

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in his room were a booklet, 'Your Opportunities in Lock-.

suithing"' and a collection of maps. One of these maps

was of the city of Atlanta with the residence of Martin

Luther King, Jr., and the headquarters of SCLC circled

(HQ 44-38861-967) .

Other evidence of Galt's presence in Atlanta was

received from the Piedmont Laundry where records showed

he picked up laundry April 5, 1968 (HQ 44-38861-3627).

(6) Galt Identified as James Earl Ray. Knowing that

Galt returned to Atlanta after the assassination all con-

ceivable modes of transportation in, around and out of

Atlanta were checked (HQ 44-38861-907). However, Galt's

trail was cold; there was no evidence as to where he fled

from Atlanta.

The Bureau became worried because with each passing

hour Galt's chances of avoiding capture became better and

better. Therefore, the investigative emphasis shifted from

following Galt's trail to identifying Galt. In an effort

to accomplish this the Bureau initiated a carparative search

of three identical latent fingerprints believed to be Galt's

(one fingerprint was recovered from the rifle; a second from

the binoculars; and a third from the map of Atlanta found

in Galt's room) against fingerprints of white male fugitives.

To be sure, the limitation to fugitives was purely speculative.

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However, the speculation paid off when on April 19, 1968,

James Earl Ray's fingerprint card compared identically

(HQ 44-38861-1575).

With the discovery that Eric Starvo Galt was James

Earl Ray, the investigation was redirected to a search

of Ray's whereabouts since the time of his April 23, 1967,

escape from Missouri State Prison. Through the months of

April and May the Ray-Galt steps were traced. Eventually,

the Bureau was able to account for Ray's whereabouts almost

continuously since his escape. Nevertheless, his trail

remained cold beyond Atlanta on April 5, 1968 (HQ 44-38861-

3509; and see Chronology infra).

In connection with their search, Ray's family was

identified, located, physically surveilled and periodically

interviewed for infornation (E.G., HQ 44-38861-3987). Also,

prison irmates and associates were queried (e.g. HQ 44-38861-

3502) as well as his military record perused (HQ 44-38861-1616).

But, no clues developed. Ray's family said they knew nothing;

they had not heard fran nor been in contact with James and did

not know of his whereabouts (Chicago 44-1114-27). Prison

irmates and associates told tales of bounties offered for

the death of Dr. King but exhaustive investigations could not

substantiate their claims (e. g., HQ 44-38861-3767).

Frustrated, the Director prepared a memorandum for the

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Attorney General dated May 13, 1968 in which he explains

that extensive investigation has not resulted in any new

developments beyond Atlanta, April 5. Therefore, the

Director requested authorization for telephone and micro

phone surveillance on Ray family members. The request,

however, was never acted upon (HQ 44-38861-3509):

(7) Passport Search. From an interview with a former

cellmate of Ray's at Missouri State Prison it was learned

"that Ray appreciated the ease with which a persor living

in Canada could obtain a false passport (HQ 44-38861-3889) .

Though it is not clear that the cellmate's conments pre-

cipitated a search of Canadian passports issued since Ray's

April 23, 1967 escape, it is known that on the reguest of

the FBI Legat in Canada such a search was conducted by the

Royal Canadian Mounted Police. A passport search was also

conducted in Mexico and the United States (HQ 44-38861-4445) •

Though the search went through a staggering number

of applications and was based on the comparison of Ray's

photograph to those submitted with the application, it proved

to be the necessary break in picking up Ray's trail. At

9:30 p.m. June 1, 1968, The Legal attache, Ottawa,

Canada, called the Bureau to advise that after reviewing

some 175,000 applications the RCMP located a passport issued

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April 24, 1968 under the name Ramon George Sneyd which

contained a photograph very definitely similar to Ray

(HQ 44-38861-4190) .

The passport was filed by the Kernedy Travel

Agency in Toronto, Canada. Incident to their investi-

gation, the Royal Canadian Mounted Police contacted the

travel agency and obtained a hand printed note from Sneyd

concerning his application. The note together with the

passport photo and a latent palm print were forwarded to

the Bureau for laboratory examination which concluded that

Ray and Sneyd were the same person (HQ 44-38861-4262, 4263).

(8) Ray Apprehended. The Kennedy Travel. Agency also

provided information that Sneyd purchased a round trip air

ticket from Toronto to London departing May 6 and returning

May 21, 1968. But New Scotland Yard determined that Sneyd

turned in the return portion of the fare and received a

May 7, 1968 ticket to Lisbon, Portugal plus a $14.60 voucher

(HQ 44-38361-4319) .

Inmigration authorities in Lisbon were imnediately

contacted. It was learned that Ray had entered Lisbon

May 7 but had exited for London May 17, 1963 (HQ 44-38861-

4725).

Stops were issued by New Scotland Yard for Sneyd. At

11:15 a.m., June 8, 1968, Ray was apprehended by officers of

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New Scotland Yard while he was passing through British

imigration offices in the London Airport. At the time

he was planning a flight to Brussels, Belgium (HQ 44-38861-

4616).

2. Alleged Conspiracies

Literally scores of alleged conspiracies were

commicated to the Bureau. From the date of the assas-

sination in April, 1968, even up to this date, the FBI

has been approached by numerous persons with stories

which purport to identify a conspiracy to kill King.

These stories involved the widest range of perpetrators

and participants as well as motives. To the extent

that these leads were pursued, the Bureau was put in

the rather difficult position of conducting an investi-

gation which ranged far beyond the concrete evidence

that had already been obtained. When the leads were

in fact bogus ones, the FBI was attempting to prove a

negative in each reported case. With a controversial

figure, such as Dr. King, the possibilities of conspiracy

were numerous. Consequently, the Bureau's credibility

would necessarily be strained, given its past relation-

ship with the civil rights leader, unless each story was

disproved. Yet the Bureau attempted to cover each lead.

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As previously stated, each SAC was held personally

responsible for an expedited and thorough review.

Based on our review of the files, the task force

is satisfied that the FBI did a credible and thorough

job in attempting to identify any possible conspiracy

or persons who could have been involved in the murder.

In each of the allegations received, the Bureau immediately

interviewed the person who was the source of the allegation

where this was possible (i.e. where the source was not

anonynous). In situations where the complaint was not an

obvious hoax the Bureau then attempted immediately to

identify the alleged participants and interview them.

Where there was not a

satisfactory explanation to dispel

the allegation concerning such matters as whereabouts or

associations, the Bureau then would check further. This

does not mean that every allegation was pursued to the

ultimate degree.

Judgment based on experience dictated

many of the decisions.

These judgients were also tempered by a critical

factor. Within fifteen days after the murder, the FBI

was convinced that Galt and Ray were the same person,

that this individual purchased the rifle, rented the

room across from the Lorraine Motel, and fired the shot

that killed Dr. King. While there were many other people

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who were antagonistic toward Dr. King and many who

had apparently discussed killing him, any successful

conspiracy would have to have involved Ray based on the

evidence at hand. In all the years following the assas-

sination, the investigation has failed to reveal any

connection between any alleged conspirator(s) and James

Earl Ray including those alleged by Ray himself. Indeed,

the overwhelming evidence indicates that Ray was almost

totally alone during the year after his escape from the

Missouri State Prison.

We have not addressed here the Bureau's handling of

particular conspiracy leads because of the large number of

allegations involved. Bureau filés can be checked for each

reported lead and the resulting investigation on that lead

traced to its conclusion.

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C. The Story of James Earl Ray

1. Chronology of Ray's Activities On and

After April 23, 1967

On Sunday, the 23rd of April 1967, after he had

served seven years of a twenty year sentence for armed

robbery in the Missouri State Penitentiary at Jefferson

City, James Earl Ray escaped. When a truck appeared at

the prison bakery where Ray worked, a bread box was

carried onto the truck to be delivered to a nearby prison

farm. Ray had concealed himself inside the bread box,

and later fled from the prison truck at a stop prior to its

reaching the Renz prison farm. (3503; Huie, pp. 24-27.) */

Ray allegedly headed first toward Kansas City

(Huie, p.27). On the third day he burglarized a

trailer sitting by the Missouri River taking a blanket

and food (Huie, p.27). For the next three nights he made

his way along the railroad in the direction of Kansas City

April 23, 1967

April 24-28

* Ray has provided varying accounts of his escape from

prison and of his subsequent activities prior to apprehension.

The task force's most credible view of his statements has

been used here.

These admissions of Ray are found in He Slew

the Dreamer, Huie, William Bradford, Delacorte Press, New York,

1968 (hereinafter, Huie); All other citations herein are for

serials in the Bureau's MURKIN file, HQ 44-38861. . The tasl

force has obtained xerox copies of Ray's correspondence with

Mr. Huie which reflect the admissions cited by Huie.

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to a city large enough so he would not be noticed and

took a train to St. Louis. He then took a taxicab to

East St. Louis, called a friend who drove him to Edwards-

ville whence he caught a bus for Chicago (Huie, p. 28) .

On May 3rd, Ray secured work for the next eight

weeks as a dishwasher and cook's helper at the Indian

Trail Restaurant in Winnetka, Illinois, and resided at

2731 North Sheffield in Chicago under the name John L.

Rayns. He purchased a 1959 Chrysler automobile fran

•a private owner on June 5th for $200 (5448). On

June 9th, he failed a driver's test, but passed the

test on June 12th (5394). Ray moved from his

Sheffield address to 1648 Lunt Street on June 17th

where he paid one week's rent (5118). Ray was issued

a driver's permit in the name of John L. Rayns for the

State of Illinois on June 21st (5394). During the week

of June 19th Ray left his job, and requested that his

final paycheck be forwarded to the Lunt Street address,

which it was (5118).

Thereafter, on July 14, Ray purchased a 1962

Plymouth automobile from a comercial dealer in East

St. Louis, Illinois, and transferred the licensed

plates from the Chrysler to the Plymouth (5413; Huie,

p. 39). Leaving East St. Louis on July 15, Ray proceeded

May 3

June 5

June 9

June 12

June 17

June 21

July 14

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to Montreal, Canada, via Indianapolis, Detroit and

Windsor (Huie, p.40). His prime objective was

allegedly to secure a Canadian passport (idem p.41).

As John L. Rayns, he registered for an overnight

stay at the Bourgard Motel in Dorion, just west of

Montreal (idem, p.43; 5437x).

Next, Ray first used the alias Eric S. Galt

when he signed a six month lease for an apartment

in the Harkay Apartments, 2589 Notre Dame East, in

Montreal (2192; Huie, p.43). Ray then allegedly

held up a food store stealing $1700 (Huie, p.47).

The following day he spent $300 for new clothes ai the

Tip Top Tailors, 488 St. Catherine West, had his hair

cut and a manicure at the Queen Elizabeth Hotel (Huie,

p. 48). He also ordered on July 21st a $75 tailor-made

suit at the English and Scotch Woolen Company (4692) .

(A month and a half later, by a letter from Birmingham

dated Septenber 6, 1967, this tailoring company was

instructed by Ray to send the finished garment to him

at his then Birmingham address.) Three days later Ray

ordered three sex books fron Futura Books, Inc., in

Inglewood, California, (2192), and on July 28th, he

enrolled in a correspondence course at the Locksmithing

Institute, Little Falls, New Jersey (2068). Both matters

were paid by Canadian money orders.

July 15

July 19

July 24

July 28

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Ray vacationed, beginning July 30th, at the

Gray Rocks Inn on Lake Ouirmet in the Laurentian

Mountains seeking, according to Ray, contact with

a respectable woman to vouch for him on a passport

application. He was "picked up" by a female Canadian

Goverment employee and her girlfriend and spent the

next few days with them before leaving on August 7th;

The two women followed, stayed overnight with Ray in

Montreal on August 7th, and then returned to their

residences in Ottawa (Huie, PP. 51-53; 5402). On

August 9th, he purchased by money order a formula for

making glass for a two-way mirror (2192). Then, on

August 19th, Ray visited the government employee in

Ottawa, but did not importune her to assist him on his

passport application (Huie, p.54) .

During the approximately two and one-half

months of Ray's stay in Canada he relates meeting an

underworld character named "Raoul". After negotiations,

Ray stated to author Huie, that he engaged in smuggling

operations with "Raoul"' and then proceeded to Birmingham

to meet: "Raoul" at the latter's direction. Meanwhile,

he stayed at the Town and Country Motel, Ottawa, from

August 18th to August 20th (5502). Whatever may be

July 30-

August 5

August 7

August 9

August 19

"Raoul"

contact

dates July 18-

Aug. 8 & through

Aug. 18

Aug. 18-20

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the truth of the story, Ray left Montreal, met his

brother at Northbrooke, Illinois, gave his Plymouth

car to his brother Jerry Ryan, (5413), proceeded

from Northbrooke or Chicago to Birmingham, stayed

August 26th at the Granada Hotel, 2230 Fourth

Avenue as John L. Rayns (5400; Huie, p.61), and that

same day also took a room in the name Eric S. Galt

at the Economy Rooms, 2608 Highland Avenue. (2324).

Two days later Ray, as Galt, giving the Highland

Averue address, rented safety deposit box No. 5517

at the Main Office, Birmingham Trust National Bank

(2323; Huie, p.62). The access record on this

box shows entries at 2:32p.m. on August 28; from

1:52p.m. to 1:56p.m. on September 5; from 11:05

to 11:08a.m. on September 21; and from 10:16a.m.

to 10:19a.m. on September 28 (2323).

The purchase of a white 1966 Ford Mustang was

accomplished at the end of August by answering a

newspaper ad on the 29th of August and paying $1995 in

cash to William D. Paisley on the 30th (628). All

this checks with the car purchase chronology Ray

himself admitted to author William Bradford Huie

(Huie, pp. 61-63; Ray's self-serving attribution of

"Raoul" as the one who directed him to buy the car

and who supplied the cash is uncorroborated).

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August 26

August 28

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Ray as Eric Starvo Galt, applied for and was

issued Alabama driver's license No. 2848947 (4143).

The signature matches the other handwritings of the

same name (4143). At some point during his stay in

Birmingham, Ray purchased a .38 revolver which was

found on his person on his arrest in Heathrow Airport,

London, England (1422) •

On September 12th, Ray enrolled for 5 weekly

dance classes at the Continental Dance Club Studios

(2324). The Modern Photographic Book Publishing :

Co. Inc., of New York City received a coupon order

from Eric S. Galt for a photo book (633) and a letter

by Ray as Galt written Septenber 26, asking that the

book not be sent as he was moving and would give the

changed address later (4143). The handwriting was

identical with Ray's (4143).

Ray purchased a bank draft from the Exchange

Security Bank, 5 points' South Branch, Birmingham

payable to the Superior Bulk Film Co. of Chicago and

this accompanied an order on that company for a Kodak

Super 8 movie camera, a projector, a splicer and a 20

foot remote control cable; price $337.24 (1135). Then

Ray typed a note to the film company seven days

September 6

September 12

September 26

September 28

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later in which he acknowledged receipt of the items

he had ordered but returned the movie camera as the

wrong one; he stated he was leaving for Mexico on

October 7, and would send a new address to which

the correct movie camera could be forwarded (4143).

On September 30th, Ray paid only for his room (2118).

Ray, as Galt, was issued Alabama license tags

October 6

No. 1-38993 for 1968. He left Birmingham for Mexico

on Ostober 6 (Huie, p. 66). On the 8th of October,

October 8

Ray purchased a 30 day Mexican auto insurance policy

October 10

(1904). He reached Acapulco on October 10th, proceeded October 15

to Guadalajara on October 15th and left there on

the 18th for Puerto Vallarta, Jalisco, Mexico,

October 18

arriving in Puerto Vallarta on the 19th (5496). He

October 19

registered in Room 212 of the Hotel Rio at Morelos 86

on this date; his "Galt"' signature and writings match

October 22

his other Galt writings (4143). Calt typed a letter

to the film company to ask for a refund to the Puerto

Vallarta address in lieu of the Kodak movie camera

which had been mailed meanwhile to his vacated

Birmingham address (4143). Again the written signature

on this note matched the string of "Galt"' signatures.

(4143). For some reason (Huie says Ray said he wanted November 6-13

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a week in a more expensive room in a hotel on the

beach.) (Huie, p.81), Ray switched hotels, going

from the Rio to the Hotel Tropicana (1219). He

spent most of his time in the period from October

19 to November 13, 1967, with a girlfriend, Irma

Morales, whose true name is Manuela Aguirre Medrano

(1219), and possibly another female named Nina

(Huie, p.8) .

Ray left Puerto Vallarta and drove to Los

Angeles where he rented an apartment at 1535 North

Serrano Avenue on the 19th of November. (668; Huie,

p.85). He then wrote a typed letter to the Superior

Bulk Film Company, Chicago, to forward to his new

address the refund due him for the undelivered Kodak

movie camera; the signature on this letter matches

the other "Galt" signatures. (4143).

In this second week of his stay in Los Angeles,

Ray began a series of six visits to a clinical

psychologist, Dr. Mark O. Freeman, in hopes of

overcoming his shyness, gaining social confidence,

learning self-hypnosis to gain relaxation, sleep and

remember things better.

November 14

November 19

November 27

December 14

November 27

November 30

December 4

6, 11, & 14

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Apparently, in a further self-improvement step,

Ray enrolled in a course of dancing instructions with December 5

the owner of the National Dance Studio, 2026 Pacific

Avenue, Long Beach, Califomia (4143). On December

13th, Ray wrote his Birningham bank to close his

safety deposit box (2323). He paid $100 on the

December 13

December 14

dancing lesson contract on the 14th of December, left

laundry at the Avalon Cleaners & Laundry, Inc.,

5662, Hollywood Blvd., Los Angeles, on the following December 15

day-ticket No. 31053 and laundry mark "20R-3"' made

by a Thermo Seal marking machine (4143); and also

on December 15th Ray, as Galt still, began a round

trip drive with Charles J. Stein, 5666 Franklin

Avenue, Los Angeles, to New Orleans in Ray's white

Mustang to pick up Stein's sister's two small children

(4143). Stein and Ray arrived in New Orleans on the

December 17

17th, the latter registering at the Provincial Hotel,

1024 Chartes Street, Room 126 (5399). The "Galt"

registration card signature matched the string of

such signatures in Ray's odyssey and he further

recorded that he was driving a Mustang with Alabama

license No.1-38993 and gave his address as 2608

Highland Avenue, Birmingham (4143) .

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Ray checked out before the 1:00p.m. checkout

time on the 19th anci, with the two children and

Charles Stein, made the return trip to Los Angeles

arriving by the 21st of December when he took the

first of the series of dancing lessons he had

signed up for. The next day he picked up his

laundry. Four more dancing lessons are recorded

next (4143).

On December 28, 1967, Ray first indicated

his interest in immigrating to Africa, and more

particularly to a white ruled area, by writing a

letter of inquiry to Mr. John Acord, Chairnan,

American-Southern African Council, 800 Fourth St.,

S.W., Washington, D.C.; the signature of Galt

matched up with the other Galt writings. (4143).

Ray said he visited Las Vegas on New Year's

Day. (Huie, p.96). Dance lessons are documented

on the 2nd and 3rd days of 1968 (2325). Galt

bought Bank of America money order No. 0799 18037

in the amount of $15 from the Hollywood Western

Branch payable to the Locksmithing Institute (2325).

The FBI lab made the usual writing match up on the

signature (4143). Meanwhile Ray showed up regularly

for dance lessons (2325). On January 19th Ray signed

December 19

December 21

December 22

December 25,

26,27.828

1968

January 1,283

January 8

January 9,11,15,

16&18

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up for a bartending course at the Intamational School

of Bartending 2125 Sunset Boulevard (2325); his

application signature fits his other Galt signatures

(4143). He left his laundry at the Home Service

Laundry and Dry Cleaning Co. at 5280 Hollywood Eoulevard

(2325, cites laundry list No. 3065 in E. Galt's name

with Thermo Seal sticker 02B-6, the marking on the

T-shirt and shorts in the bag abandoned at

the front

door of Canipe's Amusement Co. in Memphis, April 4,

1968).

On January 21, 1968, Ray changed his lodgings

to Room 403 of the St. Francis Hotel, 5533 Hollywood

Boulevard (2325). On the 22nd and on the 23rd, 25th,

29th, 30th, 31st, February 1, 5, 6, 8 and 12, Ray

regularly attended dance lessons (2325). He attended

bartending school through to March 2, 1968. He bought January 29

two Bank of America money orders on the 29th of January,

one to place an ad in the Free Press soliciting a

female pen pal and the second to pay for a mail

forwarding service (1500). Each transaction created

a handwriting match as did a Bank of America money order

No. 0799 17281 payable to the Locksmithing Institute,

January 31

Little Falls, New Jersey (2325).

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Ray's 1966 white Mustang with Alabama license

No. 1-38993 registered in Alabama under the alias

Galt was serviced on the 13th at a Chevron Station,

1506 North Normandic Avenue, Los Angeles with mileage

at 34,185. Another undated servicing some 200 miles

later occurred at Cort Fox Ford Co., 4531 Hollywood

Boulevard in Los Angeles (2325).

Ray attempted to increase his social life by

writing and sending his photograph to a woman listed

by "The Local Swinger" which listing was secured for

$1.00; Ray in fact wrote 5 such letters (4143). The

Galt signature was added to the FBI's matchups and

Ray's photograph secured. For reading material,

Ray ordered books from Futura Books paying by money

order No. 0799 19430 on the 26th. (1500). The

signature matchup was made (4143). On this same day

Ray made a money order payment No. 0799 19701 to the

Locksmithing Institute (2325). He sent another,

No. 0799 19704, for the "Locksmith's Ledger" with

matching signature (2325); he sent two money orders,

Nos. 0799 19702 and 0799 19703, and a letter order to

Tiffany Enterprises, 8512 Whitworth Drive in Los Angeles,

a mail order house, for one pair of Japanese handcuffs

(1500), with signatures matchable on two of the three

documents (4143).

February 17

February 26

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At intervals in his stay in Los Angeles, Fay

had plastic surgery done to change his appearance

(author Huie puts this treatment as on March 3, 7 and

11, 1968, Huie, pp.107-8); he visited a psychologist-

hypnotist, Reverend Von Koss on January 4, 1968

(Huie, p.102), and allegedly some seven other

psychiatrists, hypnotists

or scientologists.

According to author Huie, he frequented a bar known

as the Rabbit's Foot Club and on one night became

involved in a racial argument followed by a mugging in

which he had his wallet stolen and lost his suit jacket,

car keys and driver's license (Huie, p.96-98). According

to author Huie citing Ray as his source, Ray telephoned

Alabama and had a duplicate license issued; this was

forwarded fron his former Birmingham address to Califomia

and received there about March 10, 1968 (Huie, p.98).

"Galt" was graduated from the bartending school

on the 2nd of March. His picture was taken with the

school operator and Ray closed his eyes to make recogni-

tion more difficult (4143; Huie, p.104).

A postal money order No.1,916, 211, 078 was sent

to the Locksmithing Institute as a periodic payment on

the correspondence course Ray was taking (1428). The

signature matchup was made. (4143.)

March 2

March 8

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Ray listed a change of address on March 17

with the St. Francis Hotel, giving his forwarding

address as General Delivery, Main Post Office

Atlanta, Georgia (4143). Presumably he left

Los Angeles in his white Mistang on this date,

proceeding to New Orleans where he left a box

of clothing for Marie Martin's little daughter,

Marian de Grassee, at Charles Stein's cousin

Theresa Stone's residence, 4019 Royal Street (4143;

Huie, p. 108) •

Fran New Orleans, Ray drove to Selma, Alabama

March 22

(5502), (where Ray began to stalk Dr. King according

to Huie's statement of Ray's admission on this) and,

March 23

after an overnight stay there, he went on to Montgomery, March 24

to Birmingham and finally to Atlanta, Georgia (Huie, p.

112) •

In Atlanta, Ray rented room No. 2 in a rooming

house at 113-14th Street, N.E. from the operator,

Jinny Delton Garner (1033). He stayed there until •

March 28 on which day, while still in Atlanta, he

purchased U.S. Postal money order No. 5,615,057,923 pay-

able to the Locksmithing Institute (1428): The Galt

signature was a matchup (4143).

March 24

March 28

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On the 29th Ray appeared at the Aeromarine Supply

Company, 5701 Airport Highway in Birmingham, Alabama,

and using the alias Harvey Lowuyer purchased a Remington

.243 caliber rifle, Model 700 with a 2x-7x Redfield

telescopic sight mounted on it (432). Almost certainly

because the breech of the .243 caliber-weapon was caked

with a hardened preservative (cosmoline) and could not

be loaded, Ray returned it the following day (not having

fired it). He explained that his "brother" didn't like

it, and exchanged the .243 rifle for a Model 760, 30-06

caliber Remington. The scope was transferred to the

latter rifle. Throughout these transactions the package

for either rifle was a Browning shotgun carton which was

large enough to hold the scope-equipped Remingtons (432).

The Atlanta rooming house operator, Jimmy Delton

Garner stated he had Ray print his name (Eric S. Galt) on

an old envelope at Garner's request so that Garner could

transfer the name properly to his official records; the

handprinting is a matchup with other Galt-Ray printing

samples (1033).

March 29

March 30

March 31

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Using the name Eric Cale, lay leit his laundry

and day cleaning at the Piedmont Laundry pickup

station, 1168 Peachtree, N.W. in Atlanta (4143). Two

days later, as Eric S. Galt, Ray on April 3 registered

into Room 34 at the Rebel Motor Hotel, 3466 Lamar

Avenue, Memphis, Tennessee (the distance between Atlanta

and Memphis by the most convenient route is 398 miles);

he gave 2608 Highland Avenue, Birmingham as his address

and he noted on the registration card that he was driving

a Mustang with Alabama license No. 1-38993 (4143). His

signature was a match to the other identified Galt signa-

tures (4143). On this same day, Ray purchased a safety

razor and shaving supplies at the Rexall Drug Store in

the whitehaven suburb of Meuphis (Memphis 44-1987 Sub A-

Sec. 1; Huie, p.129).

Ray left the Rebel Motel before the lp.m.

checkout time on April 4th (4143). At some point

between 3p.m. and 3:30p.m. on the 4th, a man

generally answering Ray's description rented Room 5-B

at 422 1/2 South Main Street, Memphis, in the name of

John Willard (idem. 33). Ray admits to having been in

the room with "Raoul" whom he first said rented the

room using the 'Willard"' alias he, Ray, supplied (Huie,

p.115). In another letter to Huie, Ray states he himself

April 1

April 3

April 3

April 4,

3-3:30p.m.

4:00p.m.

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rented the room using the alias Join Willard (Huie, P.

30). Ray went out to the York Arms Company Store then

located at 162 South Main Street and purchased a pair

of Businell binoculars for a total of $41.55 (4143);

Ray was identified by the salesman at York Arms and

Ray admits to having been to the sports store and to

having made the purchase of the binoculars (Huie, P.

115). By 5p.m. at the latest, Ray had returned to .

the rooming house, parked his Mustang and had taken

his zipper bag and bedspread to Room 5-B (Huie, p.115) ;

by necessary inference, because it was adnittedly

brought down from there and dropped on the sidewalk,

the 30-06 rifle had been taken up to Room 5-B at this

time or just before Ray's trip to the York Anns Co.

Store (See Huie, p.114 and p.131; 4143).

As detailed in the discussion of the course of

the FBI investigation ante at pp. 48-50, the assassin fled

from the coumon bathroom at the rear of the rooming

house after firing the shot that killed Dr. King: The

assassin could have cleared and undoubtedly did clear

the corridor and the stairs to the street in about 45

seconds. In another 15 seconds at the outside he could

have reached and undoubtedly did reach Ray's white

6:03:50p.m.

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Mustang after dropping Ray's bag, the rifle Ray bought

and bearing only his fingerprints and the bedspread which

Ray admits taking up to Room 5-B (Staff reenactment;

Huie, p.115). According to a post-conviction statement by

Ray to then Special Agent in Charge of the Memphis Field

Office, Robert Jensen, roomer Charles Stephens had a

good look at Ray in the rooming house (5622; Interview of

Robert Jensen, July 7, 1976, App. B). .

On the street Guy Warren Canipe, Jr., in his place

of business, Canipe Amusement Co., at 424 South Main Street

heard a thud near the front door of his store, looked up

to see a white male walk rapidly past his store going

south (right to left to someone inside the store) and,

with the two customers in his store, went to the front

door where they observed a small white car, a Mustang

6:04p.m.

according to the two customers, pull away going north

(left to right) from a curb side parking place just south

of Canipe's store (Memphis 44-1987 Sub A-Sec. 1; cf.

Huie, p.131).

According to Ray's admission to author Huie, Ray April 4,

1968

drove south into Mississippi and then turned east through

Birminghan reaching Atlanta about 6a.m. on April 5th

April 5,

1968

(Huie, p.132). He abandoned the white Mustang.. On the

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table in the zoom at the Atlanta rooming souse, he let-

a letter about South Africa from the John Birch Society

in California and a copy of the Free Press from Los

Angeles to divert the FBI's attention to California

while he fled to Canada (Huie, P.133). Ray picked up

his laundry at the Piedmont Laundry pick-up station at

• 1168* Peachtree N.E. in Atlanta on the 5th of April (4697).

He then took a bus departing Atlanta just after noon on

the 5th and arrived in Cincinnati at about 1:30a.m. on

the 6th of April. After a one hour layover which he

stated he spent in a tavern near the bus depot, Ray

continued by bus to Detroit where he arrived at about:

8a.m. (Huie, p.135). He crossed by taxi into Canada

arriving in Windsor an hour or so before noon and

proceeded from there to Toronto by train arriving at

• about 5:00p.m. (Huie, p.135). He rented a room at

102 Ossington Avenue without giving his name (5502;

Huie, p. 135) •

On the 8th of April Ray began the process of

securing a Canadian passport. He picked two names,

Paul Edward Bridgman and Ramon George Sneyd, from the

armouncements of births in newspapers for the year

1932 at the public library (Huie, p.137). He made an

April 5,

1968

between

9:00a.m. &

10:00a.m.

approx.

1:00p.m.

April 6,

1968

1:30a.m.

2:30a.m.

between 10

and lla.m.

approx.

5p.m.

approx.

6p.m.

April 8,

1968

April 10,

1968

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application for a cuplicate jimen certificate in esca of

these names on April 10 and on the following day had

a passport picture taken in the name of Bridgman and

then to provide a separate mailing address for the

expected replies as to Sneyd, he rented a room at

962 Dundas Street in the name of Sneyd on April 16th

(5502; Huie, p.141). On the same day he executed an

application in the name Paul Bridgman with his, Ray's

102 Ossington Avenue address as the person to be

notified in case of energency (Huie, p.143). The

Kennedy Travel Agency of Toronto handled the processing

of the application for Ray (5502). On the 19th Ray

moved to the Dundas Street address (5502).

The fingerprints of "Eric S. Galt"' were found to

be a match with those of James Earl Ray after a search

of the print file on Fugitive Felons.

According to author Huie he gleaned from Ray that

Ray visited four bars on the 2lst in order to watch the

IV show "The FBI" (Huie, p.147). He found the show tuned

in at the fourth place he tried and learned that he had

made the Ten Most Wanted List with an international "look-

out'as to Ray (Huie, p.147). He checked out of the

Ossington Avenue room on the 19th (Huie, p.147).

April 11,

April 16,

April 19,

1968

April 19,

1968

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On April 24 the Canadian passport in the nane oi

Ramon George Sneya was issued to Ray (Huie, p.148).

Ray

purchased a round trip ticket to London and departed

on May 6, 1968 (Huie, p.149). From London Ray took a

plane to Lisbon where he spent 10 days looking for a

passage to Angola (Huie, p.150). When he was unable

to do so he retured to London after first getting his

passport replaced at the Canadian Embassy in Lisbon to

correct the spelling of the name Sneyd (instead of Sneya)

(5502; Huie, p.150) •

Ray returned to London and spent his time trying

to find a way to join a mercenary force (Huie, p.150).

To this end he bought a plane ticket to Brussels and was

in the process of meeting his plane at the Heathrow Airport

when he was apprehended on June 8, 1968, by detectives from

New Scotland Yard (4346,4368; Huie, p.150-151). The arrest

was made on the basis of use of a fradulent passport and

carrying a concealed weapon, i.e., the loaded . 38 caliber

Japanese-make revolver found on his person at Heathrow

(4346, 4368; Huie, p.151).

This chronology has been campiled from data in FBI

reports and Ray's letters to author Willian Bradford Huie.

It was hoped by the task force that we would have an

April 24,

1968

May 6,

1968

May 16,

1968

May 17,

1968

June 8

1968

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opportist to go over the facts with Janes Eari Ray

himself. Accordingly, after the United States Supreme

Court denied his petition for a writ of certiorari, on

December 13, 1976, a verbal request was made to Ray's

Attorney, James H. Lesar, for an opportunity to interview

Ray. Lesar stated that he was writing Ray a letter that

day and would advise him of our desire to interview him

and leave the matter up to him (Interview of James H.

Lesar, December 14, 1976, App. B). Also, the task force

sent Ray a letter on December 15, 1976, via his attorney

requesting an interview (See letter to Janes Earl Ray,

December 15, 1976, App. A, Ex.14). While no answer to

our letter was received, Ray sent the task force a copy of

a letter addressed to his attorney. Ray attached a copy

of a complaint he recently filed in a civil action and

stated in the letter to his attorney that: "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, e.g., Gerold Frank, George

McMillian, et al." (See letter to James H. Lesar, December 20,

1976, App. A, Ex.15).

Absent a statement to us from Ray, four existing Ray

explanations were compared and are here briefly noted.

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First, no one, other than his attorneys talked visi

Ray before the plea bargaining resulted in his conviction

of the First Degree murder of Martin Luther King,

Jr., and

sentencing in open court on March 10, 1969, before Judge

W. Preston Battle, Criminal Court of Shelby County.

Tennessee (See Transcript App. A, Ex.16). At that time,

on voir dire, Judge Battle asked Ray: "Are you pleading

guilty to Murder in the First Degree in this case because

you killed Dr. Martin Luther King under such circunstances

that would nake you legally guilty of Murder in the First

Degree under the law as explained to you by your lawyers?"

Ray answered: "Yes."

Ray then acknowledged that he was pleading guilty

freely, voluntarily and understandingly. He and his

attorney, Percy Foreman, initialed the copy of these

questions and answers. Ray also signed a detailed

stipulation confessing that he fired the fatal shot (5506).

The task force observes that the only way one can

be "legally guilty" of first degree murder is when one

accomplishes, or aids or assists in the accomplishment, of

the wrongful killing of a human being with premeditation

and malice aforethought. Thus, Ray has judicially confessed

that he intended to and did kill Dr. King.

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Securic, Ray reiated in wrizing to author fuie a

story of his odyssey from Missouri State Prison to Memphis

which acknowledged that he bought the murder weapon, made

his way to Memphis, Iented the room there at 422 South

Main on April 4, 1968, using the alias "John Willard,"

waited in the white Mustang, and drove "Raoul"' away fran

the crime scene after the murder wholly unaware of the

killing of Dr. King. In this version "Raoul"', or "Roual"'

is the mysterious killer whom Ray thought to be ai

international gun-runner; Ray bought the murder weapon for

"Raoul" thinking it was to be displayed to prospective

Mexican buyers in Room 5-B of the "flop house" on. South

Main Street (Huie, p.130-131) .

Third, in a statement read on a progran of Station

KMOX-IV St. Louis, Missouri, in August of 1959 by his

brother Jerry, James Earl Ray was quoted as alleging that

he was the irnocent victim, "the fall guy" of a scheme by

the FBI (Memphis 44-1987 Sub M-665). This description of

the crime contains no reference to Raoul.

Fourth, the most recent story available to the

task force is reported as the result of a four hour interview

by Wayne Chastain, JI., for the Pacific News Service,

October 20, 1974. It is to the effect that Ray was "set up

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as a patsy" for "Raoul." It proceeds along the same lines

as the tale told by Ray to author Huje that there was to

be a meeting at the rooming house at 6p.m. with ar.

international gun runner. Ray was instructed by Raoul to

have the white Mustang at the curb for "Raoul's" use that

evening. Ray, however, drove away from the area at about

6:00p.m. to get air in a low tire and found police swarning

all over the place when he tried to retur at 7:05p.m. He

could not park, was turned back by police and learned only

after driving 100 miles into Mississippi that he had been

associated with the men who killed Di. King (The Assassinations,

Dallas and Beyond, Edited by Peter Dale Scott, Paul L. Hock

and Russell Stetler, Random House, 1976, pp. 315-317).

The task force views the exculpatory content of these

varying and patently self-serving tales to be unbelievable.

The varying details are materially self-refuting. Ray first

admits full guilt. He then says he waited innocently at the

cuib and took off after the shot with "Raoul"' as a passenger.

He next says he was the catspaw of the FBI. And finally,

he and the Mustang were not in the area when the shot was

fired and he never saw "Raoul" after the event.

The eye witnesses to the "get away"', saw only one

man who resembled Ray. The man left in a hurry in a white

Mustang as Ray admitted doing in version number two. We

concluded Ray was lying about the existence of a "Raoul".

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Ray's stipulated judicial confession comports in

detail with the facts disclosed by the investigation and

the failure of the self-serving stories persuasively

undermines the likelihood of any conspiracy.

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2. Motive

James Earl Ray, bom 1928, was raised under

difficult circumstances. His parents were pool:, unedu

cated and generally resided in areas surrounded by

criminal activity. Ray did not achieve a high school

education, nor did he attend any vocational institution

After enlisting in the army in 1946, Ray did not meet the

military's standards and was discharged in 1943 for lack

of adaptability. (HQ 44-38861-3333, 3987).

Thus, at the age of twenty-one, he had a very limited

education, was not trained or skilled at any particular job,

and was a reject of the military establishment. Thereafter,

he proceeded to participate in and be apprehended for a

number of criminal actions for which he would be incarcerated

for fourteen of the next eighteen years until his escape from

the Missouri State Penitentiary in April 1967. Ray's criminal

activities included robbery, forgery and burglary (HQ 44-38861-

4143). He was not known to have been involved in crimes where

victims or witnesses were physically harmed.

*FBI files disclosed that James Earl Ray has an IQ of 105

(HQ 44-38861-3503).

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In March 1968, James Earl Ray was forty years

old and was never known to have had a serious relation-

ship with a man or woman during his adult life. Although

he was about to commit a very infamous crime of assassina-

tion, neither his childhood, his military years nor his

adult life of crime and imprisonment signaled such action.

His criminal activities were not those of a hired or self-

accomplished premeditated murderer. Why then would James

Earl Ray murder Dr. Martin Luther King, Jr.?

An analysis of Ray's prison records and interviews

with his prison inmates reveals some probative facts with

respect to a motive. For example, in 1955 Ray was incar-

cerated in the federal penitentiary at Leavenworth, Kansas,

for forgery of post office money orders. On September 12,

1957, Ray was approved for the honor farm at Leavenworth,

but was never transferred there because he refused to live

in the integrated dormitory at the farm (HQ 44-38861-1678).

Thus, he was supposedly willing to sacrifice this benefit

and its accompanying privileges to avoid association with

black prisoners.

An inmate with Ray at Missouri State Penitentiary

for approximately three years, stated that Ray hated

Negroes. He further stated that Ray had said that

all the Negro prisoners inside the penitentiary should

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be killed. He also responded that on several occasions

Ray had said he would kill Dr. Martin Luther King, Jr.,

if the price were right. In 1966, there was a riot at

the penitentiary. Three blacks were killed. The inmate

would not state whether Ray had participated in the

killings. He did say that, if Ray had not, he would

definitely know who had killed the prisoners. He also

said that he would not be surprised if he acted without

being paid for the killing. It should be noted that another

prisoner who was a chef at MSP and Ray's boss for six years,

stated that this inmate was a good friend of Ray and he also

hated Negroes. (HQ 44-38861-4443) •

A second inmate with Ray at the Missouri State

Penitentiary from 1960 until 1965, claimed that he

recalls that Ray was glad when President Kennedy was killed

and stated "that is one nigger-loving S.O.B that got shot".

The prisoner also advised that Ray disliked Negroes. During

the time period when King was leading demonstrations and

marches Ray would become aggravated and upset when reading

this information in newspapers to the point that he would

curse King and the Negroes. He further stated he had heard

prison rumors that Ray was supposed to have killed three

black prisoners at the penitentiary. Finally, he related

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that 17 1963 Ray mace the remaris that he was going to

get Martin Luther King when he got out of prison.

(HQ 44-38861-2678, 2791) .

A third inmate at MSP from 1962 until 1965,

described Ray as a "lone wolf" who never trusted

anyone. He stated that Ray was a racist and was heard

many times discussing his dislike of Negroes. Another

prisoner became acquainted with Ray in 1965 and said that

Ray cormented if he ever got out of jail he was going to

make himself a "bunch of money," and Ray further said a

"Businessmen's Association" had offered $100,000 for

killing Martin Luther King. This prisoner said that

Ray did not know what the "Businessmen's Association"

was, but he intended to find out. (HQ 44-38861-4143).

A cellmate with Ray in 1955 at Kansas City who

later served prison time with Ray at Leavenworth, Kansas,

was also incarcerated with Ray at MSP. He stated that

during the period when President Kennedy was assassinated

the movements of DI. Martin Luther King became the topic

of conversation at the penitentiary. Many prisoners heard

that businessmen had raised a considerable amount of money,

about one million dollars, as a bounty on King's head. He

further stated that Ray mentioned a dozen times that had he

known about the bounty on John F. Kennedy's head and

had he been free he would have collected it; and, if he

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got out in time and King vere still alive, he wouid get

the bounty on King (HQ 44-38861-4143). A prisoner

who was at MSP from 1958 through 1965 stated Ray did

not like Negroes and was capable of killing Dr. Martin.

Luther King, JI. (HQ 44-38861-4143).

Ray's psychological background is also a very

important avenue of review. As a result of a voluntary

psychiatric examination in 1966, Ray was described as

having a sociopathic personality, antisocial type with

anxiety and depressive features (HQ 44-38861-3505). In

1954, a prison sociologist stated that Ray's delinguencies

seem due to impulsive behavior, especially when drinking

(HQ 44-38861-3335). These characteristics and comments

about Ray support the opinion of psychologist Dr. Mark

Freeman. While Ray was in Los Angeles he was a patient

of DI. Freeman. DI. Freeman believes that Ray was potentially

capable of assassination, was a self-motivated person who

could act alone, and likely fantasized on being someone

important.

There were two matters involving Ray and blacks

while outside prison which shed some light on whether his

hatred of blacks and need for importance and profit could

have motivated him to murder. While in Mexico in the fall

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DE 1967, Ray associated iith a Mexican voman, Irma

Morales, in the City of Puerto Vallarta. Morales admitted

spending considerable time with him and recalls an incident

that took place on Sunday, October 29th. She and Ray were

seated at a table in a bar and were drinking when four

blacks and several white persons arrived and were seated

at another table. She stated that Ray kept goading the

blacks for some reason. Thereafter, Ray left his table

to go to his car, and when he returned he asked her to

feel his pocket. Morales did and felt a pistol in his

pocket. Ray stated to Morales that he wanted to kill the

blacks. He then continued to be insulting and when the

blacks left he stated he wanted to go after them. Morales,

however, told him it was time for the police to arrive to

check the establishment and Ray stated he wanted nothing to

do with the police, thereby terminating the incident (HQ 44-

38861-2073) •

A second incident took place during Ray's stay in

Los Angeles. James E. Morrison, a bartender at the Rabbit's

Foot Club there, identified Ray as a frequent customer.

Morrison said that on one occasion Ray became engaged in a

political discussion with him regarding Robert Kennedy and

George Wallace. Ray became rather incensed and vehemently

supported Wallace. On another occasion, Ray had had a

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discussion with Pat Goodsell, a frequent female customer,

concerning blacks and the civil rights movement.

Ray became

very involved and began dragging Goodsell towards the door

saying, "I'll drop you off in Watts and we'll see how you

like it there"' (HQ 44-38861-3557). Ray then supposedly went

outside and had to fight two persons, one being black (Huie,

pp. 96-98).

Thus, it seems clear that Ray openly displayed a

strong racist attitude towards blacks. While in prison,

Ray stated he would kill Dr. King if given the opportunity

and Ray was prepared to threaten or attack black persons

in Puerto Vallarta, Mexico, with a weapon for apparently

a racial reason. These events and occurrences leading to

the assassination of Dr. King and the assassination itself

certainly do not illustrate a single, conclusive motive.

Yet, Ray's apparent hatred for the civil rights movement,

his possible yearning for recognition, and a desire for a

potential quick profit may have, as a whole, provided

sufficient impetus for him to act, and to act alone.

3. Sources Of Funds

Shortly after the search for Ray began, it was

recognized that he had traveled extensively following his

escape from the Missouri Penitentiary. Moreover, in addition

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so noral living expenses, Ray had nace several sub-

stantial purchases, e.g., cars, photo equipment, dance

lessons (See, List of known expenditures, App. A, Ex. 4).

These expenditures suggested that he had financial assist-

ance and hence possible co-conspirators. Therefore, the

Bureau was particularly interested in determining his

sources of income. On April 23, 1968, the Director advised

all field divisions to consider Ray as a suspect in any

unsolved bank robberies, burglaries or armed robberies

occurring after April 23, 1967. The results were negative.

On April 29, 1968, the Director in a teletype to

all SAC's ordered that all law enforcement agencies which

maintained unidentified latent fingerprints be contacted

and requested that fingerprints of Ray be compared in order

to determine his past whereabouts and possibly establish

his source of funds. Again, negative results were obtained.

The Director, on May 14, 1968, reminded all field divisions

that Ray had spent à considerable amount of money from April

23, 1967 until April 4, 1968, and advised that a source for

these monies had not been determined. The Director ordered

that photographs of Ray be displayed to appropriate witnesses

in unsolved bank robberies and bank burglaries. These efforts

and all others to date, with one exception, have proved

fruitless.

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As a result of one of Huie's Look articles, the

Bureau did ascertain that Ray had been employed at a

restaurant in Winnetka, Illinois, for approximately eight

weeks. As a dishwasher and cook's helper, Ray had received

checks totaling $664 from May 7, 1967 through June 25, 1967

(See, List of known income, App. A, Ex. 5). This is the

only known source of income for Ray following his prison

escape. Reports from the Royal Canadian Mounted Police

indicated no known robberies or burglaries which could be

cornected with Ray, nor did Mexican authorities notify

the Bureau of any criminal activity which could be associ-

ated with Ray. The Bureau investigated the possibility

that Ray participated in a bank robbery at Altor, Illinois,

in 1967, but it was established that he was not a partici-

pant.

Ray related to author Huie that he robbed a food

store in Canada, and that an individual named "Raoul"

furnished him funds on a continuous basis for various

undertakings. These matters were actively pursued by the

Bureau but have never been corroborated by them. Nor have

they been corroborated by private inquiries of writers and

journalists. It is the Bureau's opinion that Ray most likely

committed on a periodic basis several robberies or burglaries

during this period in order to support himself. Ray's criminal

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background does lend credence to this theory.

The task force interviewed Ray's brother, Jerry

Ray (See, Interview of Jerry Ray, December 20, 1976, App.

B). He stated that to his knowledge family members did

not provide James with any funds. Jerry admitted he met

with his brother two or three times during his employment

at the Winnetka restaurant and advised that he, not James,

paid for their eating and drinking expenses. However,

when Jerry again saw his brother on his return fran Canada

in August, 1967, James did have some money because it was

he who paid for their expenses which included a motel room.

Jerry added that Janes also gave him his car cormenting

that he would purchase a more expensive car in Alabana.

Jerry stated he was unaware of where his brother had

obtained his money as well as the amount of money he had

at this time.

Accordingly, the sources for Ray's funds still

remain a mystery today.

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4. Family Contacts and issistance

Our review of the files indicated that the FBI

had no hard evidence linking James Ray to any conspiracy

to kill Dr. King. Absent such evidence, the Bureau

apparently discounted the significance of any contact

between Ray and his family. As the Chicago case agent

told us, it is not unusual for a fugitive or a person

who has coumitted a given crime to be in touch with

family members. While such contact may render the actions

of the family member criminally liable, it is not generally

pursued absent some evidence of direct participation in the

crime.

However, in light of the fact that a good deal

of mystery still surrounds James Ray and the assassination,

particularly the means by which he financed his life style

and travels, we concluded that on the basis of the infor-

mation which was uncovered, the Bureau should have pursued

this line of the investigation more thoroughly.

The connection of the Ray family to the crime against

DI. King may have been nonexistent. This does not alter the

fact, however, that the FBI discovered that the subject of

the largest manhunt in history had been aided in his fugitive

status by at least one family member. This and other facts

suggestive of family assistance became clear as the Bureau's

investigation progressed.

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First, John and verty Ray had significant contacts

with James while he was in Missouri State Penitentiary

(MSP) at Jefferson City, Missouri. Jerry Ray visited

James three or four times and had borrowed money from

James on at least one occasion during his confinement

(Chicago 44-1144 Sub G-17). John Ray visited or attempted

to visit James Ray while at MSP on at least nine occasions.

The last visit took place on April 22, 1967, the day before

Ray escaped (HQ 44-338861-4503). The Bureau also discovered

that while in prison at MSP James Ray had a fellow inmate

send a money order to a fictitious company (Albert J. Pepper

Stationary Co.) in St. Louis, Missouri. The money was sent

to the address of Carol Pepper (sister and business partner

of John Ray) where she resided with her husband Albert.

James Ray had told the inmate who sent the money that it was

a way of getting money out of the prison (HQ 44-38861-2614).

Second, James Earl Ray was seen by several people in

both the St. Louis and Chicago areas during the period

immediately after his escape. In St. Louis (where John

Ray was living) two former inmates at MSP, stated that they

had seen James Ray on separate occasions. One stated that

he had seen Ray three times between May 10 and 17, 1967 (Kansas

City, 44-760-786). The other saw Ray entering a bank with

Jimmie Owens and spoke briefly with Ray as they entered

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(HQ 44-38861-3483). In the Chicago area where Jerry Ray

was living, the Bureau discovered that James Ray had

purchased a car on June 5, 1967 (Chicago, 44-1114 Sub D

Ex. 85) and had worked in Winetka, Illinois. Ray's

employers also told Bureau agents that James Ray had

received several calls fron a man claiming to be Ray's

brother immediately prior to James' departure fron his

job. They stated that these calls had a visibly disturbing

effect on James Ray (Chicago 44-1114 Sub G-37). Jerry

Raynes, father of the Ray brothers, told the FBI that he

overheard John and Jerry mention that James had been in

Chicago during the sumner of 1967 (Chicago 44-1114-508).

Third, in California, the FBI discovered two facts

which pointed toward possible contact between James Ray

and his brothers. Richard Gonzales who was a fellow

student with Ray at the bartending school in Los Angeles

told Bureau agents that Ray had told him upon completion

of the course that he (Ray) was going to visit a brother

in Birminghan for two weeks (HQ 44-38861-1233). The FBI

also interviewed Marie Martin, cousin of Charles Stein.

She stated that for some time before March 17, 1968, (the

date when Ray left Los Angeles) James Ray had been stating

that he was in need of funds and was waiting for his brother

to send him some money.

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Fourth, throlgh an informant the Bureau discovered

that Jerry Ray may not have been entirely candid with the

special agents during his several interviews. The informant

disclosed to Bureau agents on June 7, 1968, that Jerry Ray

stated he had seen his brother (James) at least once at a

pre arranged meeting place in St. Louis shortly after his

escape. Jerry also

allegedly stated to the informant that

he had recognized the photograph of Eric Starvo Galt as

being identical with his brother James prior to the time

the FBI had first contacted him in connection with the

assassination. He did not want to tell the FBI everything

he knew out of fear that James would be caught.

(HQ 44-38861-

4594. )

Correspondence recovered by the Bureau indicated

that Jerry may have heard from James in Canada in June of

1968 (HQ 44-38861-4517 and 4518) • James Ray was in Canada

during April and May of 1968 prior to his departure for

London on May 7, 1968 (HQ 44-38861-4595). It is also noted

that Jerry had earlier told agents that he had received mail

from James, while James was in prison, at Post Office Box 22

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Wheeling, Illinois, (Chicago 4+-111 Suo G-26).

Finally, in November, 1968 it became clear that

James Ray had been in touch with his brother Jerry. Illinois

motor vehicle records showed that on August 25, 1967 James

Ray (using the name of John L. Rayns) transferred his 1962

Plymouth to Jerry (HQ 44-38861-5413). This was during the

period when James Ray was making his way from Canada to

Birmingham, Alabama. It has continued to be a mystery

as to why Ray went to Alabana, how he traveled there, and

where he obtained the several thousand dollars he had when

he arrived.

Thus, at least one family member, Jerry, had lied

to the FBI and had become subject to federal criminal charges

for aiding a fugitive. He was never confronted with these

facts by the Bureau. In the task force interview of Jerry

Ray, he confirmed the fact that he had lied to the Bureau and

had seen his brother James on several occasions.*/ Jerry

denied knowing anything about James' travels or his source

of funds (Interview of Jerry Ray, December 20, 1976, App. B) .

However, the task force found the credibility of Jerry's

*/ The task force attempted to talk to James and John Ray

but an interview was refused in both instances.

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denials to be suspect. In light of this low credibilit!

and critical passage of time which has allowed the statute

of limitations to run, we concluded that the FBI abandoned

a significant opportunity to obtain answers fron family

members concerning some of the important questions about

James Earl Ray which still remain.

D. Critical Evaluation Of The Assassination Investigation

As this report reflects, there was a wealth of

information in the files developed by the FBI murder

investigation. We have been able to dig up some additional

data. Only a small part of any of this information has

been made a matter of any official public record. Some of

it was embodied in the stipulation agreed to by James Earl

Ray and judicially acknowledged in open court by him (with

a stated reservation as to agreeing to the wording indicating

a lack of a conspiracy). Sone emerged in Ray's post-conviction

efforts to get a new trial. A quantity of the "mofficial"

evidentiary data and

a great deal of mis-information was

gleaned by the news media and by professional writers. It

is understandable therefore that many suspicions have been

generated and, because of Justice Department rules against

disclosures of raw investigative files, have gone unanswered.

First, the task force has concluded that the investi-

gation by the FBI to ascertain and capture the murderer of

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Dr. Martin Luther King, JI., was thoroughly, honestly

and successfully conducted. We submit that the minute

details compacted in this report auply support this con-

clusion.

At the very outset of the investigation telegrams

went to all field offices of the Bureau instructing the

Special Agents in Charge to take personal supervision of

the investigation, to check out all leads in 24 hours, and

noting that they would be held personally responsible.

(HQ 44-38861-153). The files we reviewed show that this

directive was conscientiously followed. The Bureau sought

first to identify and locate the murderer using the obvious

leads. They checked out aliases, tracked the traces left

under the Galt alias, and used the known fingerprints from

the murder weapon and the contents of the blue zipper bag

left on South Main Street to eliminate suspects. This

backtracking ended in Atlanta. At this point the Bureau

initiated a check of the crime site fingerprints against

the white male 'wanted fugitive" print file. This produced

the almost "instant" discovery that the wanted man, Galt,

was James Earl Ray, an escapee from Missouri State Prison.

In fact the "instant" discovery was a tedious hand search

started in a file of sone 20,000 prints. That it took only

two hours to make a match is said by the Bureau experts to

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be largely sheer luck; it couid have taken days. we

accept the explanation that the fingerprint search was a

normal next resort after normal lead procedures were

exhausted.

Second, the task force views the evidence pointing

to the guilt of James Earl Ray as the man who purchased

the murder gun and who fired the fatal shot to be conclusive.

It was possible for the task force to create a well

documented history of James Earl Ray from the monent of

his escape to his capture in England, using the investigation

reports in the FBI files and to corroborate and fill in

essential details with Ray's own statements (admissions)

in his letters to author William Bradford Huie. From this

chronology, fron the laboratory proof, and fran Ray's

judicial admissions it was concluded that he was the assassin,

and that he acted alone. We saw no credible evidence pro-

bative of the possibility that Ray and any co-conspirator

were together at the scene of the assassination. Ray's

assertions that someone else pulled the trigger are so

patently self-serving and so varied as to be wholly unbeliev-

able. They become, in fact, a part of the evidence of his

guilt by self-refutation.

Third, we found that conspiracy leads (aliunde Ray's

versions) had been conscientiously run down by the FBI even

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though they had no possible relation to Ray's stories

or to the known facts. The results were negative.

We found no evidence of any complicity or the part

of the Memphis Police Department or of the FBI.

We acknowledge that proof of the negative, i.e.,

proof that others were not involved, is here as elusive

and difficult as it has universally been in crininal law.

But the sum of all of the evidence of Ray's guilt points

to him so exclusively that it most effectively makes the

point that no one else was involved. Of course, someone

could conceivably have provided him with logistics, or

even paid him to commit the crime. However, we have

found no competent evidence upon which to base such a

theory.

Fourth, it is true that the task force unearthed

some new data - data which answers some persistent questions

and which the FBI did not seek. But the Bureau concentrated

on the principal in the case and much was not considered

important to his discovery and apprehension. We find no

dishonesty in this. A lead suggesting that one or both

of James Earl Ray's brothers were in contact with him after,

and in aid of, his escape in 1967 from the Missouri State

Prison, and before the murder of Di. King, was not followed.

It was not unearthed until after Ray's capture in England

on June 8, 1968; it was then apparently deemed a lead made

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sterile by supervening events. By hindsight the task

force believes Jerry and John Ray could have been

effectively interrogated further to learn their knowledge,

if any, of James Earl Ray's plans, his finances and whether

they helped him after King's death.

Finally, the task force observed instances of FBI

headquarter's reluctance to provide the Civil Rights

Division and the Attorney General with timely reports on

the course of the murder investigation. For example,

early in the investigation in a reaction to a press report

of Attorney General Clark's expectation of making a progress

report to the nation, FBI Director Hoover wrote: 'We are

not going to make any progress reports" (HQ 44-38861-1061).

The Bureau files reflect a significant degree of

disdain for the supervisory responsibilities of the Attorney

General and the operating Divisions of the Department. For

example, the Attorney General authorized the institution of

prosecutive action against the suspect "Galt" (Birmingham

44-1740-1005). But then, apparently without further consul-

tation with the Attorney General or the Civil Rights

Division, the Bureau prepared and filed a criminal complaint.

The Bureau selected Birmingham as the venue in which to

file the complaint in preference to Memphis because the

Bureau "could not rely on the U.S. Attorney at Memphis"

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and 'would lose control of the situation"' (HO 44-38861-1555).

The Bureau scenario called for then advising the Attorney

General "that circumstances have required the action taken"

(HQ 44-38861-1555) .

We submit that in this sensitive case the Departmental

officials in Washington should have been consulted.

As another example, at the extradition stage of the

case, marked discourtesy was exhibited to the Attorney

General and to Assistant Attorney General Fred Vinson. In

a telephone discussion with the Attorney General who

complained of being "kept in the dark"', an Assistant to

the Director accused the Attorney General of falsifications

and "hung up the phone". Again, when Assistant Attorney

General Vinson was detailed to England to arrange for the

extradition of James Earl Ray, the Legal Attache was ordered

to be "diplomatic but firm with Vinson and that under no

circunstances should Vinson be allowed to push our personnel

around'' (HQ 44-38861-4447).

The task force views this lack of coordination and

cooperation as highly improper. The Attorney General and

the Division of the Department having prosecutorial

responsibility for an offense being investigated should be

kept fully abreast of developments.

The responsible

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Division, moreover, should have sufficient control of the

Bureau's investigations to insure that the legal necessities

of pleading and proof are met.

In fairness to the Bureau it has to be observed

that it is the obligation of the Department to insist on

these perogatives. We do not think it effectively did so

in the King murder case.

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III. THE SECURITY IWESTIGATION

A. FBI Surveillance And Harassment Of Dr. King

1. Initiation of Technical Surveillance and

COINTELPRO Type Activities

In order to reconstruct the actions taken by

members of the FBI toward Dr. King, the task force

scrutinized the basis for the initiation by the Bureau

of any action with respect to Dr. King. During the review

it was revealed that on May 22, 1961, Mr. Alex Rosen, then

Assistant Director of the General Investigative Division

(Division 6), advised Director Hoover in an information

memorandum, per his request on Dr. King and four other

individuals in connection with the "Freedom Riders,"

that "King has not been investigated by the FBI" (Memo

fron Scatterday to Rosen, May 22, 1961, App. A, Ex. 7).

The memorandum contained few references on Dr. King. The

Director commented, with regard to the omission of a subject

natter investigation on Dr. King: "Why not?" The substance

of the report was forwarded to Attorney General Kennedy, and

the FBI did not pursue the King matter at this time. Thus,

FBI persornel did not have nor did they assume a personal

interest in the activities of Dr. King through May, 1961.

Furthermore, in 1961, information in the Bureau files on

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Dr. King had only been gleaned from sporadic reports.

and this particular report to the Director was provided

by Division 6 which had responsibility for civil rights

macters.

In the beginning of 1962, the FBI started and

rapidly continued to gravitate toward Dr. King. The

sequence of events has already been reported in some

detail by the Senate Select Connittee as well as in the

Robert Murphy Report which you received in March, 1976.

The task force in its

review of pertinent documents con-

fims these reports.

In essence, the Director communicated to Attorney

General Kernedy during 1962 and 1963 a host of memoranda

concerning the interest of the Commist Party in the

civil rights movement, and, in particular, Dr. King's

relationship with two frequently consulted advisers whom

the FBI had tabbed as members of the Cormunist Party. As

a result of the deep interest in civil rights affairs by the

Attorney General and by the Kennedy Administration, these FBI

reports had the effect of alarming Robert Kennedy and affecting

his decisions on the national level.

The net effect of the Bureau memoranda nearly

culminated in the summer of 1963 when Attorney General

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Kernedy suggested consideration of technical surveillance

on King and the SCLC (HQ 100-106670-3631). Previously,

the bulk of FBI intelligence on Dr. King was secured by

technical surveillance of one of his advisors and from

informants close to his associates. However, when Attorney

General Kernedy was confronted shortly thereafter with the

Director's request for such surveillances, he reconsidered

his suggestion and denied the request (HQ 100-106670-165,

171). Attorney General Kennedy as well as several other

Department officials were sincerely concerned with king's

association with alleged.commmist members since proposed

civil rights legislation was then very vulnerable to the

attack that communists were influencing the direction of the

civil rights movement. Yet, an affirmative program to

gather intelligence with King as the subject was still

considered ill-advised. However, a significant tum of

events within the circles of the FBI hierarchy would soon

reverse the Attorney General's decision, and without his

knowledge the FBI would also launch an illegal counter-

intelligence program directed to discredit and neutralize

the civil rights leader.

Director Hoover's demeanor toward Dr. King has been

well publicized and is summarized below. Certainly, as

the task force determined, this played a vital role in

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FBI affairs, as did the Director's attitude toward the

Coumnist Party. On August 23, 1963, then Assistant

Director of the Domestic Intelligence Division, William

C. Sullivan, pursuant to the Director's request, presented

i seventy-page analysis of exploitation and influence by

he Communist Party on the American Negro population since

1919 (HQ 100-3-116-253X). This report and Mr. Sullivan's

synopsis showed a failure of the Communist Party in achieving

any significant inroads into the Negro population and the

civil rights movement. Director Hoover responded:

"This memo reminds me vividly

of those I received when Castro

took over Cuba. You contended

then that Castro and his cohorts

were not Commists and not

influenced by Conmunists... Time

alone proved you wrong.

I for

one can't ignore the memos

as having only an infinitesimal

effect on the efforts to exploit the

American Negro by Coummists" (HQ 100-

3-116-253X).

The Director's carment had a resounding effect

on Mr. Sullivan. Seven days later, he replied:

"The Director is correct. We

were completely wrong about

believing the evidence was not

sufficient to determine some

years ago that Fidel Castro was

not a communist or under communist

influence. In investigating anc

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writing about coumnism and the

American Negro, we had better

remember this and profit by the

lesson it should teach us.

(Meno

fron Sullivan to Belmont, August

30, 1963, App. A, Ex. 8).

Even more importantly, Mr. Sullivan also said

in response to the action that he now believed was

necessitated in determining commist influence in the

civil rights movement:

"Therefore, it may be unrealistic

to limit ourselves as we have been

doing to legalistic proof or definite-

ly conclusive evidence that would

stand up in testimony in court or

before Congressional comittees that

the Commist Party, USA, does wield

substantial influence over Negroes

which one day could becone decisive."

(idem.)

The FBI hierarchy had no written comments on this meno-

randum either supporting or negating the Assistant Director's

proposed line of action.

Then, in September, 1963, Mr. Sullivan recoumended

"increased coverage of communist influence on the Negro"

(Memo from Baumgardner to Sullivan, September 16, 1963,

App. A, Ex. 9). The Director refused and comnented:

"No I can't understand how you

can so agilely switch your think-

ing and evaluation.

Just a few

weeks ago you contended that the

Communist influence in the racial

movement was ineffective and infin-

itesimal. This - notwithstanding

- ,:

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many menos oi specific instances

of infileration.

Now you want

to load the field down with more

coverage in spite of your recent

meno depreciating Ci

influence

in racial movement. I don't intend

to waste time and money until you

can make up your minds what the

situation really is"' (idem.)

In carmenting on a cover memo to the above Sullivan

request, Director Hoover also stated, "I have certainly

been misled by previous memos which clearly showed

communist penetration of the racial movement. The

attached is contradictory of all that. We are wasting

manpower and money investigating (P effect in racial

movement if the attached is correct" (Meno for the Director

fran Tolson, September 18, 1963, App. A, Ex. 10).

By now the Domestic Intelligence Division was

feeling the full weight of the Director's dissatisfaction

with their work product. Mr. Sullivan again replied on

September 25, 1963, in a humble manner that Division 5

had failed in its interpretation of commnist infiltration

in the Negro movement (Memo from Sullivan to Belmont,

September 25, 1963, App. A, Ex. 11). The Assistant Director

asked the Director's forgiveness and requested the oppor-

tunity to approach this grave matter in the light of the

Director's interpretation.

Director Hoover sanctioned

this request but again reprimanded Mr. Sullivan for stating

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that camunist infiltration 'has not reached the point

of control or domination." The Director curtly commented

that "Certainly this is not true with respect to the

King cornection" (iden). One could now foresee that

Dr. King would be closely watched by FBI persornel.

In October, 1963, the Director forwarded a request

to the Attorney General for technical surveillance of

Dr. King's residence and the SOLC office in New York City.

This time the FBI received authorization for technical

surveillance and it was instituted almost immediately.

In addition, the FBI had prepared a new analysis on

commist involvement in the Negro movement (Cormunism

and the Negro Movement, October 16, 1963, App. A, Ex. 12).

A cover memorandum of this analysis written by Assistant

to the Director A.H. Belmont to Associate Director Clyde

A. Tolson reads:

"The attached analysis of Communism

and the Negro Movement is highly

explosive.

It can be regarded as a

personal attack on Martin Luther

King.

There is no doubt it will

have a heavy impact on the Attorney

General and anyone else to whom we

disseminate it ... This memorandum

may startle the Attorney General,

particularly in view of his past

association with King, and the fact

that we are disseminating this out-

side the Department"' (Memo from

Belmont to Tolson, October 17, 1963

App. A, Ex. 13).

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To the latter part, the Director wrote, 'We musi do ou

duty." Mr. Belmont further said:

"Nevertheless, the memorandum is a

powerful warning against Communist

influence in the Negro movement ..."

The Director issued his feeling to this position and

added, "I am glad that you recognize at last that there

exists such influence."

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2. Predicate for the Security Investigation

The security investigation of DI. Martin luther King,

JI., and the Southern Christian Leadership Conference (SCLC)

was predicated on the belief that they were under the

influence of the Communist Party, United States of America

(CPUSA). The basis for this belief was that Dr. King relied

upon one particular advisor who was tabbed by the FBI as a

ranking Communist Party member (HQ 100-392452-13:3).

This characterization of the advisor was provided by

sources the Bureau considered reliable. The task force was

privy to this characterization through both our file review

and our September 2, 1976, conference with representatives

of the Bureau's Intelligence Division. For security

purposes the sources were not fully identified to the

task force. Therefore, the veracity of the sources and the

characterization are remaining questions.

The advisor's relationship to King and the SCIC

is amply evidenced in the files and the task force

concludes that he was a most trusted advisor. The files

are replete with instances of his counseling King and

his organization on matters pertaining to organization,

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finance, political strategy and speech writing. Some

-=.

examples follow:

The advisor organized, in King's name, a fund

raising society (HQ 100-106670-47, 48). This organization

and the SCLC were in large measure financed by concerts

arranged by this person (HQ 100-106670-30). He also

lent counsel to King and the SCLC on the tax consequences

of charitable gifts.

On political strategy, he suggested King make a

public statenent calling for the appointment of a black

to the Supreme Court (HQ 100-106670-32, 33). This person

advised against accepting a movie offer from a movie

director and against approaching Attorney General Kennedy

on behalf of a labor leader (HQ 100-106670-24). In each

instance his advice was accepted.

King's speech before the AFL-CIO National Convention

in December, 1961 was written by this advisor (HQ 100-392452-

131). He also prepared King's May 1962 speech before the

United Packing House Workers Convention (HQ 100-106670-119).

In 1965 he prepared responses to press questions directed

to DI. King from a Los Angeles radio station regarding

the Los Angeles racial riots and from the "New York Times''

regarding the Vietnam War.

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The relationship between King and his advisor,

as indicated, is clear to the task force." What is not

clear is whether this relationship ought to have been

considered either a possible national security threat or

CPUSA directed. We conclude that justification may have

existed for the opening of King's security investigation

but its protracted continuation was unwarranted.

Our conclusion that the investigation's opening

may have been justified is primarily based on menoranda,

summarized below, written during the first six months of

1962. It is pointed out that in October, 1962 the Bureau

ordered the COMINFIL SCLC investigation (HQ 100-438794-9).

In January the Director wrote the Attorney General

and told him that one of King's advisors was a conmunist.

At this time he also pointed

out that the advisor wrote

King's December, 1961 AFL-CIO speech and assisted King in

SCLC matters (HQ 100-392452-131).

In March the Attorney General was advised that a

March 3, 1962 issue of "The Nation" magazine carried an

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article critical of the administration's handling of

civil rights. The article was ostensibly written by

Martin Luther King but in fact the true author was

another advisor characterized by the FBI as a ranking

member of the Commmist Party (HQ 100-106670-30, 31).

In May the Attorney General learned that the CPUSA

considered King and the SCLC its most important work because

the Kennedy Administration was politically dependent upon

King (HQ 100-106670-58).

Lastly, in June, 1962 the Attorney General became

aware that King's alleged Commmist advisor had recommended

the second ranking Commist to be one of King's principal

assistants (HQ 100-106670-79, 80). Later King accepted

the recommendation.

The conclusion that the investigation's continuance

was unwarranted is based on the following task force finding:

The Bureau to date has no evidence whatsoever that

Dr. King was ever a commist or affiliated with the CPUSA.

This was so stated to us by representatives of the Bureau's

Intelligence Division during our September 2,-1976 conference.

This admission is supported by our perusal of files, which

included informants' memoranda and physical, microphone and

telephone surveillance memoranda, in which we found no such

indication concerning Dr. King.

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The Bureau provided us with no documentation

that the SCLC under Dr. King was anything other than a

legitimate organization devoted to the civil rights move-

ment.

The Bureau files that we examined lacked any infor-

mation that the alleged Commists' advice was dictated by

the CPUSA or inimical to the interests of the United States.

Indeed, in early 1963 the Bureau learned through reliable

sources the principal advisor had disassociated himself

from the CPUSA. His reason was the CPUSA was not suffi-

ciently involving itself in race relations and the civil

rights movement (HQ 100-392452-195).

3. King-Hoover Dispute

The flames of Director Hoover's antipathy for

DI. King were fanned into open hostility in late 1962 when

Dr. King criticized the Bureau's performance during an

investigation of a racial disturbance in Albany, Georgia.

Efforts to interview King by the Bureau were not successful

(HQ 157-6-2-965) and the matter lay dormant for a time.

The controversy was publicly rekindled in early 1964

when the Director testified before a House appropriations

subcommittee that he believed commist influence existed

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in the Negro movement. King countered by accusing the

Director of abetting racists and right wingers (HQ 100-3

116-1291). During November of 1964, the Director told

a group of Washington women reporters that King was "the

most notorious liar in the country." A week later, Director

Hoover referred to "sexual degenerates in pressure groups"

in a speech at Loyola University (HQ 162-7827-16).

Dr. King and his immediate staff requested a meeting

with Director Hoover to clear up the misunderstanding. The

meeting was held on December 1, 1964. Hoover claimed that

"he had taken the ball away from King at the begining,"

explaining the Bureau's function and doing most of the

talking. On the other hand, King apologized for remarks

attributed to him and praised the work of the Bureau. Thus,

an uneasy truce was momentarily reached. (HQ 100-106670-563,

607.)

However, the controversy flared again when a letter

was circulated by the Southern Christian Educational Fund

(SCEF) which referred to the criticism of Dr. King by the

Director and urged the recipients of the letter to write

or wire the President to remove Hoover fron office. In a

memo from Sullivan to Belmont on December 14, 1964, Sullivan

stated:

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"'In yien of this situation, realisn

makes it mandatory that we take every

prudent step that we can take to emerge

completely victoriously in this conflict.

We should not take any ineffective or

half-way measures, nor blind ourselves

to the realities of the situation."

(HQ 100-106670-627.)

We believe the persistent controversy between Dr.

King and Director Hoover was a major factor in the Bureau's

deternination to discredit Dr. King and ultimately destroy

his leadership role in the civil rights movement.

4. Technical Surveillance

Our review of FBI files and interviews with Bureau

persornel substantially confirms with a few additions the

findings which have already been reported by Mr. Murphy

and the Senate Select Connittee on Intelligence with respect

to the electronic surveillance of DI. King and his associates.

We found that some microphone surveillances were

installed in New York City against Dr. King and his associates

which have not thus far been reported. These installations

were as follows:

Americana Hotel (HQ 100-106670-2224, 4048)

4/2-3/65 ( symbol)

6/3-3/65 ( symbol)

1/21-24/66 (no symbol)

Sheraton Atlantic (NY 100-136585 Sub-Files 7-8)

12/10-11/65 (symbol)

New York Hilton (NY 100-136585 Sub Files 11-12)

10/25-27/65 (symbol)

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All of these installations with the exception of

the placement at the Americana Hotel In January, 1966

appear to have been unproductive either because Dr. King

did not reside at the hotel as planned or the recordings

made did not pick up any significant infornation.

The installation by the New York Field Office at

the Americana Hotel on January 21, to 24, 1966, caused

some consternation within the FBI hierarchy and is

illustrative of how the Bureau apparatus could, on rare

occasion, continue to function even contrary to the wishes

of the Director. The installation was made at the Americana

on January 21, 1966, pursuant to the request of SAC Rooney

in New York. Assistant Director William Sullivan authorized

the coverage. Bureau files indicate that Associate

Director Clyde Tolson, upon being inforned of the coverage,

wrote back on the same day in a rather perturbed fashion to

have the microphone removed "at once." Tolson advised the

Director that 'ho one here" approved the coverage and that

he had again instructed Sullivan to have no microphone

installations without the Director's approval. Hoover

confirned Tolson's directive. (HQ 100-106670-2224X).

No symbol number was ever attached to this coverage

as was the standard practice. This was apparently due to

the strong disapproval voiced by Headquarters. Yet, despite

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Hoover's orders, the coverage was maintained and a good

deal of intelligence on King's personal activities was

obtained and transcribed. These activities are reflected

in a six page memorandum. (HQ 100-106670-4048.)

Irrespective of the level of Bureau approval

which was required for electronic surveillance installa-

tions during the King years, our review reinforced the

conclusions of the Senate Select Committee that the purposes

behind this intelligence gathering became twisted. Several

instances of Bureau correspondence are instructive. Section

Chief Baumgardner in recomending coverage of King in

Honolulu urged an exposure of King's 'moral wealness"

so that he could be "for the security of the nation, con-

pletely discredited"' (HQ 100-106670 June File, Memo Baumgardner

to Sullivan, January 28, 1964). In a similar meno from

Sullivan to Belmont recoumending coverage in Milwaukee at

the Schroeder Hotel, the expressed purpose was to gather

information on "entertairment" in which King might be engaging

similar to that "uncovered at the Willard Hotel"' (HQ 100-

106670 June File, Memo Sullivan to Belmont, January 17, 1964).

Director Hoover, upon being informed of the results

of the surveillance, ordered that they all be immediately

transcribed despite DeLoach's recommendation that the tran-

scribing be done later (HQ 100-106670-1024). As each of the

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file reviews has shown, portions of sumaries of the

transcripts were widely disseminated among govermental

officials. These disseminations included a rather

comprehensive six volume transmittal by the Bureau in

June, 1968. This was at the apparent request of the

President through Special Counsel Larry Temole for all

information concerning Dr. King, including the instructions

and approval of former Attorney General Kennedy regarding

the electronic surveillance of King (Memo R. W. Smith to

William Sullivan, June 2, 1968, referring to memo DeLoach

to Tolson, May 24, 1968, setting forth the President's

request). Included with the transcripts were several

sumnaries, previously disseminated, and several hundred

pages of Bureau commmications to the White House from

1962 to 1968 regarding King and his associates. The

purpose of the White House request was not stated, but it

was the most complete accumulation of transmitted informa-

tion on the electronic surveillance of King which we

encountered during our review of Bureau files. The task

force noted the timing of the alleged White House request

and subsequent transmittal particularly in light of

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Director Hoover's commuication to the White House on

March 26, 1968 (included in the transmittal) which

advised that Robert Kennedy had attempted to contact

Dr. King before arnouncing his candidacy for the

Presidency (HQ 100-106670-3262).

The task force reviewed selected portions of all

of the transcripts in the King file as well as selected

portions of several tapes from which the transcripts

were obtained. An inventory of the tapes revieved is

set forth below:

1) Washington, D.C., 1/5-6/64 (Willard Hotel,

15 reels) - Reel Nos. 1-6, 9, 10, 11, 12 and 14

2) Atlanta Tape (symbol) (one reel)

3) Composite Tape 12/15/64

Track No. 1 - Washington, D.C. recordings

(edited version of 15 reels)

Essentially, we reviewed the tapes by listening to the

beginning, middle, and end of each tape and compared it to

the corresponding transcript. They were basically accurate

transcriptions in the sense that what was in the transcripts

was also on the tapes.

However, some material on the tapes

was not put on the transcripts apparently because either

that portion of the recording was garbled or unclear or

it was considered unimportant.

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Our review of the composite tape, the Atlanta

tape and the agents handwritten notes included in the

box with the recordings from the Willard Hotel gave an

additional indication of where the Bureau's interest

lay with respect to Dr. King. The composite tape contained

"highlights" of the fifteen reels of tape from the Willard

Hotel and appeared to consist of little more than episodes

of private conversations and activities which the Bureau

chose to extract from the original recordings. The

Atlanta tape was obtained from the telephone tap on the

King residence and consisted off several of Dr. King's

conversations. These included conversations of DI. King

with his wife regarding his personal life and had nothing

to do with his political or civil rights activities. The

handwritten notes from the original Willard tapes contained

notations as to what point in the tape a particular personal

activity or conversation took place.

5. COINIELPRO Type and Other Illegal Activities

The task force has documented an extensive program

within the FBI during the years 1964 to 1968 to discredit

Dr. King. Pursuant to a Bureau meeting on December 23, 1963

to plan a King strategy and the Sullivan proposal in January,

1964 to promote a new black leader, the FBI accelerated its

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program of disseminating derogatory information, which

was heavily fraught with the Bureau's own characteriza-

tions of King, to various individuals and organizations

who were in critical positions vis-a-vis the civil rights

leader. Our review has essentially confirmed those already

performed by the Civil Rights Division and the Senate Select

Committee and we, therefore, do not dwell on those areas

which they have already covered. We did find, however,

additional proposed activities against Dr. King, some of

which were approved by the Director. They are instructive

not only in revealing the extent to which the Bureau was

willing to carry its efforts but also in showing the

atmosphere among some of the rank and file which this

program against King created.

In November, 1964, the Bureau discovered that

DI. King was desirous of meeting with high British officials

while in England during King's plarned trip to Europe.

Section Chief Baungardner recolmended a briefing for the

purpose of informing British officials concerning King's

purported commist affiliations and private life

(HO 100-106670-522, 523). Within three days the briefings

had been completed (HQ 100-106670-525, 534, 535).

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One particular dissemination, the contents of which

was not revealed in the files, was apparently initiated

and carried out personally by the Director. On January 22,

1965, the SAC in Atlanta advised Mr. Sullivan that,

pursuant to their electronic surveillance, the Bureau

learned that King had phoned Ralph Abernathy and complained

that Hoover had had a meeting with a particular Atlanta

official while in Washington attending the Inauguration.

According to King, when this official returned to

Atlanta he contacted Dr. King senior and passed on a

"good deal" of information. According to Sullivan's

memo to Belmont, Dr. King, Jr. was very upset (HQ 100-

106670-768). The files did not reveal any formal proposal

for this briefing but Section Chief Baumgardner later speculated

that the Atlanta official was Chief of Police Jenkins

since the Director had met with him on January. 18, 1965

(HQ 100-106670-780). The files do not indicate whether

the Director suggested that the information be passed on

to Dr. King's father.

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In cornection with the post-assassination

efforts to declare a national holiday in memory of

Di. King the Senate Select Conmittee has outlined

in its report the attempts by the Bureau to prevent

such a declaration by briefing various members of

Congress on King's background (HQ 100-106670-3586).

We discovered that the Bureau also sent a monograph

on King to the President and the Attorney General

in 1969 for this same purpose (HQ 100-106670-3559).

The Bureau's efforts to discredit Dr. King's

movement also included attempts to damage the

reputation of King's family and friends. The Bureau

looked very closely at Coretta King although a

security investigation was never opened. This

included scrutinizing her travels in an attempt

to uncover possible facts embarrassing to her.

These attempts also included a plan, proposed

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by Assistant to the Director Deloach and approved

by Hoover to leak information to the press that Coretta

King and Ralph Abernathy were deliberately plotting to

keep the assassination in the news by claiming a conspiracy

existed in order to keep monetary contributions flowing

for their benefit (1Q 44-38861-5654) .

Ralph Abernathy and Andrew Young also became Bureau

targets.

Shortly after the assassination the field was

instructed to report any information on possible "inoral

activities"' of King's two associates (HQ 52-108052-Urrecorded

serial, Atlanta to Director, April 29, 1968). Presumably

there were COINTELPRO type purposes behind this request.

The Atlanta Field Office in attempting to demonstrate

the initiative and imagination demanded by Headquarters

proposed additional measures against Ralph Abernathy. The

Bureau learned that after Dr. King's death, Rev. Abernathy

may have voiced some concern over possible assassination

attempts on his own life. The Atlanta office proposed that

the Bureau begin notifying Abernathy directly (instead of

only informing the police) of all threats against him in

order to confuse and worry him (HQ 62-108052-Unrecorded

serial, Atlanta to Director, March 28, 1969). This activity

was not approved by Headquarters.

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Bureau files indicate that the FBI may have also

attempted to help the executive branch in its efforts

to deal with Abernathy after King's death. In a memo

to Associate Director Tolson, Director Hoover related

a telephone conversation with former Vice President

Agnew in which MI. Agnew expressed concern over the

"inflanmatory" statements which Abernathy had made.

The Vice President was seeking information from Hoover

which could be useful in destroying the credibility of

Rev. Abernathy. Hoover agreed to the request (HQ 100-

106670-Unrecorded serial, Hoover to Tolson, May 18, 1970).

We did not find what information, if any, was forwarded

to the Vice President.

Finally, we discovered that a series of illegal

surreptitious entries was conducted by the FBI. Some

of these entries had as one purpose, among others, the

obtaining of information about Dr. King. The FBI in

the review of its indices was unable to locate records

of any entries onto the premises of Dr. King or the SCLC.

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The agents began to retrieve information about

Dr. King during these entries through the use of photo-

graphs.

In one instance a supervisor in the appropriate

field office requested authority to conduct an entry

for the express purpose of obtaining information about

DI. King. The proposed entry was approved at Head-

quarters pursuant to a telephone call by an Inspector

and was later conducted.

On four subsequent occasions the Bureau again

conducted entries and obtained information concerning

King and the SCLC. On one such occasion a specimen of

King's handwriting was obtained. The purpose of

gathering this piece of intelligence was not revealed.

Bureau policy at the time of these entries

required the approval of such field requests by

Director Hoover or Associate Director Tolson (Memo

Director, FBI, to Attorney General, September 23, 1975).

We assume that such approval was granted. Handwritten

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notations on the field office memos indicate that

the Bureau was advised of the entries in each case.

We also raise the issue of these illegal entries

because aside from being violative of Fourth Amendment

rights the entries ran the risk of invading a privileged

relationship.

We note in passing that the FBI continued to.

employ an informant in the SCLC despite the fact that

the informant conceded to agents that the informant had

embezzled some SCLC funds. The Bureau voiced strong .

disapproval of these activities. Yet, no legal or

disciplinary action was ever taken with respect to

the informant (HQ 134-11126-56, 57).

B. Critical Evaluation of the Security Investigation

In the area of domestic intelligence the mandate

of the FBI has been both broadly and vaguely defined.

It is stated in the Code of Federal Regulations as follows:

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(The FBI shall:) carry out the Presidential

directive of September 6, 1939, as reaffirned

by Presidential directives of January 8, 1943,

July 24, 1950 and December 15, 1953, designating

the Federal Bureau of Investigation to take

charge of investigative work in matters relating

to espionage, sabotage, subversive activities,

and related matters (28 CFR 0.85 (a)) .

Given this charter and the history of the sometimes

overpowering influence of the views of the late Director

J. Edgar Hoover on his subordinates and on succesive

Attorneys General, it was understandable that a security

investigation should be initiated into the possible

influence of the Canmunist Party, U.S.A., on DI. Martin

Luther King, JI. Two of King's close advisors, at the

outset of the security matter, were reported to be

Communist Party members by sources relied upon by the

Bureau.

The security investigation continued for almost

six years until Dr. King's death. It verified, in our

view, that one alleged Communist was a very influential

advisor to DI. King. (and hence the Southern Christian

Leadership Conference) on the strategy and tactics of

King's leadership of the black civil rights movement of

the early and mid-sixties. Another had no such weight

although he seemed to be of use to King. But this

very lengthy investigative concentration on King and on

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the principal advisor established, in our opinion,

that he did not "sell" Dr. King any course of conduct

or of advocacy which can be identified as communist or

"Party line". King, himself never varied publicly or

privately from his commitment to non-violence and did

not advocate the overthrow of the government of the

United States by violence or subversion. To the contrary,

he advocated an end to the discrimination and disenfran-

chisement of minority groups which the Constitution and

the courts denounced in terms as strong as his. We

concluded that DI. King was no threat to domestic security.

And the Bureau's continued intense surveillance

and investigation of the advisor clearly developed that

he had disassociated himself from the Commist Party

in 1963 because he felt it failed adequately to serve

the civil rights movement. Thus the linch-pin of the

security investigation of Dr. King had pulled himself

out.

We think the security investigation which included

both physical and technical surveillance, should have been

terminated on the basis of what was learned in 1963.

That it was intensified and augmented by a COINTELPRO type

campaign against Dr. King was unwarranted; the COINTELPRO

type campaign, moreover, was ultra vires and very probably

in violation of 18 U.S.C. 241 (and 242), i.e. felonious.

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The continuing security investigation reflects also

that the Attorney General and the Division charged with

responsibility for internal security matters failed badly.

in what should have been firm supervision of the FBI's

internal security activities.

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IV. RECOMMENDATIONS

A. As To The Murder Investigation

The task force does not fault the technical

competence of the investigation conducted into the

death of De. King. We found no new evidence which

calls for action by State or Federal Authorities.

Our concern has developed over administrative

concomitants of the crime detection tactics.

: 1. The progress of such sensitive cases

as the King murder investigation and the development

of legally sufficient evidence to sustain prosecution

are properly the ultimate responsibility of the Division

of the Department having supervision of the kind of

criminal prosecution involved. The Division head should

delineate what progress reports he wishes. The Bureau.

should not be permitted to manipulate its submission of

reports to serve its purposes, such as the protection

of its public relation efforts, or the prevention of the

responsible Division of the Department from causing the

Bureau to pursue a line of inquiry which the Bureau does

not approve. The Attorney General and his Assistants are

the officers most accountable to the electorate and they,

not the police agency, must maintain effective supervision.

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2. As a corollary of our espousal of tighter

Department authority over the FBI, we recoumend that the

Bureau's public relations activities and press relations

be controlled by the Attorney General's Office of Public

Information. Clear directives to prevent the development

of personality cults around particular Bureau Directors

and officials should be drawn. Bureau press releases should

be cleared through the Office of Public Information.

3. The task force recommends that in sensitive

cases no criminal action be instituted by the Bureau without

the closest coordination and consultation with the supervising

Division of the Department. This supervision by the Depart-

ment should be as tight as the control and consultation the

Bureau had with its Field Offices as exhibited in our review

of the assassination investigation.

4. It was observed that almost no blacks were in

the FBI special agent's corps in the 1960's and none in

the Bureau's hierarchy. This undoubtedly had the effect

of limiting not only the outlook and understanding of the

problems of race relations, but also must have hindered the

ability of investigators to commicate fully with blacks

during the murder investigation. By way of illustration

had there been black agents in the Memphis Field Office

participating fully in the investigation of Dr. King's

murder, it is unlikely that the interviews with

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at least three black members of the Memphis Police and Fire

Department would have been overlooked. It is also very

probable that black citizen "lead"' input would have been

greater.

B. As To The Security Investigation

The task force was charged to address itself

particularly to the question of whether the nature of the

relationship between the Bureau and DI. King called for

criminal prosecution, disciplinary proceedings, or other

appropriate action. Our responses follow.

1. Because the five year statute of limitations

has long since run we cannot recormend criminal prosecution

of any Bureau personnel, past or present, responsible for

the possible criminal harrassment of Dr. King. (18 U.S.C.

3282).. No evidence of a continuing conspiracy was found.

2. The responsibility for initiating and prolonging

the security investigation rested on the deceased Director

of the Bureau and his imnediate

lieutenants, some of whom

are also deceased and the remainder of whom are retired.

They are beyond the reach of disciplinary action. The few

Bureau personnel who had anything to do with the King security

investigation and who are still in active service, did not

nake conmand decisions and merely followed orders. We do not

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think they are the proper subjects of any disciplinary

action. Some of the activities conducted, such as the

technical electronic surveillance, had the approval of

the then Attorney General. The Courts had not adequately

dealt with what authority rested

in the executive branch

to initiate such surveillance in the interest of 'hational

security". We do not think the "leg men" in the Bureau

should be held to an undefined standard of behavior, much

less a standard not observed by the highest legal officer

of the government.

The Bureau's COINTELPRO type activities, the illicit

dissemination of raw investigative data to discredit

Do. King, the efforts to intimidate him, to break up his

marriage, and the explicit and implicit efforts to black-

mail him, were not fully known

to the Department, but were

none-the-less ordered and directed by Director Hoover,

Assistant to the Director DeLoach, Assistant Director

Sullivan and the Section Chief under him.

In our view their subordinates were far removed

from decision responsibility. Moreover, we think the

subordinates clearly felt that, by reason of Director

Hoover's overpowering and intimidating domination of the

'Bureau, they had no choice but to implement the Bureau's

directions. Punitive action against the very few

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remaining subordinate agents would seem to the task force

to be inappropriate in these circumstances and at this

very late date:

3. The Bureau's illicit surveillance produced

tapes and transcripts concerning King and many others.

These may be sought by King's heirs and representatives.

Worse still, they may be sought by members of the public

at large under the Freedom of Infornation Act.

We

recommend that these tapes and transcripts be sealed and

sent to the National Archives and that the Congress be

asked to pass legislation denying any access to them

whatever and authorizing and directing their total

destruction along with the destruction of material in

reports and memoranda derived from them.

4. The potential for abuse by the individual

occupying the office of Director of the FBI has been

amply demonstrated by our investigation. We think it is

a responsibility of the Department in the first instance

and, secondarily, of the Congress to oversee the conduct

of the FBI (and the other police agencies of the govem-

ment). We endorse the establisiment by the Attorney

General of the Office of Professional Responsibility on

December 9, 1975, as an effective means for intra-departmental

policing of the Bureau. We also think the permanent

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Senate Select Coumittee on Intelligence is an appro-

priate agency of the legislative arm to oversee the

performance of the Bureau. Both the Office of Pro-

fessional Responsibility and the Senate Select Comittee

should be expressly designated in their respective

enabling regulations and resolutions to be a place to

which Bureau subordinates may complain, confidentially

and with impunity, of orders which they believe to

threaten a violation of the civil rights and liberties

of citizens and inhabitants of the United States.

5. It seems to us. that the unauthorized malicious

dissemination of investigative data from FBI files should

be more than the presently prescribed misdemeanor (5 USC

552a (i) (1)). A felony penalty should be added.

Parenthetically, it should be noted here that it

should be made clear that it is improper (but not criminal)

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for the Bureau to by-pass the Attorney General and deal

directly with the White House.

6. The task force recommends that the FBI have no

authority to engage in COINTELPRO type activities which

involve affirmative punitive action following Star

Chamber decisions with respect to citizens or inhabitants

(See 18 U.S.C. 241 and 242). We believe that the guide-

lines which the present Attorney General has established

to govern the FBI's domestic security investigations

effectively preclude these activities. Those guidelines

moreover, appear to us to permit only strictly legal

investigative techniques to be employed in full scale

domestic security investigations. This too we endorse.

The foregoing comprises our report and recommenda-

tions. It is respectfully submitted.

The Maytin Luther King, Jr.

FRED G. FOLSOM

GROSS,

Amit

James 7, Whete

Hollie oft

WILLIAM

WHITE

January 11, 1977

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APPENDIX A

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EXHIBIT. 1

774 55509

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## Page 161

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55509 DocId: 32199528

Page

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EXHIBIT 2

HH 55509

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162

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## Page 164

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5

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## Page 165

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HH 55509 DocId:32199528 Page 165

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-153-

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EXHIBIT 3

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TENNECOCE DERIA MENT OF SUEL 6

OFFICE OF THE CHIEF MEDICAL EXAMINER

353 Madison Avenue

Menonis. Tennessee 33103

AUTOPSY REPORT

case ointl

NiHE OF DECEDENT

ta: tа7+546741779757

HOME ANDRESS

#UNDIA 08 ATONET

RACE I SEX_11 AGE - 35

STATE

DISTRICT ATTOPNEY CENERAL PHILA, CaLiLe

Fracture of nandible.

Laceration vertonral artery: Juxular voin and sid-

clarion arcory, finit,

Incericion ai suinel cord (lover cervical, unner

thoracic),

Initialionie hantana, aper, rig't unres l0ba

Cause drain Gunside delil torpiral COllar, Toner Corrier, ne

Chorscic

unaci.sharaale.sobald coId.rd osuer structures in tha nect ilie

¿traction el ise nourilos mas fron front to back, above doinvara an

, Area Plate de dolle-the serest 0f the sinal cord at this level

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M. D.

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HH 55509 DooId:32199528 Page 167

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ForT. 388

THE CITY OF MEMPHIS HOSPITALS

AUTOPSY PROTOCOL

service Nol. Ix. Haspitalie.

AUtODSY NO. 157-252

Name Partin Luther Kine, Jr.

Date of Admission

DOA

Date and Hour of Autopsy

Pathologist irs carunt and Franciero

Checked by

Date and Hour of Death 4-1-55

4-4-68 16:15 P.'.

Assistant

Date Completed

4-11-68

FIRAL PATHOLOGICAL DIAGNOSIS

PRIMARY RIBS:

I. Distant gunshot wound to boly and face

A. Fracture of right mandible

Bo laceration of vertebral artery, jugular vein and subclavian

c.

Fracture of spine (T-1, C-7)

Do Laceration of spinal corù (louer cervical, upper thoracie )

E. Subnucosal henorrhase, larynx

F. Intrapulmonary honatoma, apex right upper lobe

SECONDARY SEPIES:

1.

Remote scars as described

2.

Pleural adhesions

3. Fatty channe liver, moderate

Arteriosclerosis, moderate

5.

Venous cut-downs

6. Tracheostony

LABORATORY FINDINGS:

BlOod 11coho1

0.01%

-155-

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EXHIBIT 4

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Section

71

74

74

74

19

60

19

17

74

19

74

21

6

21

21

21

55509 DocId: 32199528

JAMES EARING

!""".

Some Knam Expenditures: April 23, 1967 - June 8, 1968

Serial

5246

5448

5413

5437X

2192

4692.

2192

2068

5402

2192

5400

2324

628

2324

2324

2324

Item

Rent for one week at 2731

N. Sheffield; Chicago

1959 Chrysler; Chicago

1962 Plymouth; East St.

Louis

Bourgarde Motel; Dorion,

Canada

Amount

$13.61

$200.00

$209.50

$17.28

Rent for Apt. at Harkey,

$150.00

Apts., 2585 Notre Dame Street,

Montreal at $75/n0; Montreal

Suit at English Scotch

$75.06.

Woolen Company; Montreal

Book ordered from Futura

$9.00

Books in Inglerood, Calif.;

Montreal

Correspondence course at

$17.50

Locksmithing Institute in

New Jersey; Montreal

Grey Rocks Inn from 7/30

$195.15

to 8/5; Canada

Formula for making glass

$1.00

purchase by money order to

E.Z. Formula; kontreal

Granada Hotel; Biminghan

Room and board for one week.

1966 White Ford Mustang;

$4.50

$22.50

$1,995.00

Birningham

Roon and board; Biminghan

Room and board; Birninghan

Dance Lessons; Biminghen

$22.50

$22.50

$10.60

-156-

Date

4/30/67

6/5/67

7/14/67

• 7/17/67

7/19/67

7/21/67

7/24/67

7/28/67

8/5/67

8/9/67

8/26/87

8/26/67

8/30/67

9/2/67

9/9/67

9/12/67

Page 170

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Section

21

Serial

2324

21

2324

9

:

1135

18

55

75

75

75

69

69

69

6

6

52

52

52

52

52

52

2118

1422

5496

5496

5496

5150

5150

5150

668

668

4143

4143

4143

4143

4143

4143

H# 55509 DocId: 32199528

Page 171

Item

Ancunt

Room and board; Birminghan, $22.50

Room and board; Birmingham $22.50

Camera eguipment, Superior $337.24

Bulk Film Co. ; Birmingham

Room only; Birmingham

$17.50

.38 Caliber, Liberty

Chief Revolver

$65.00

Hotel San Francisco -

10/10; Acapulco

Pancho Villa - 10/15;

$6.00

$3.20

Guadalajara

Pancho Villa - 10/18;

$3.20

Guadalajara

Hotel Rio at $4.80/day-

$91.20

10/19-11/6; Puerto

Vallarta

Elisa Arellario to rent

$48.00

apt.; Puerto Vallarta

Hotel Tropicana at $7.20

$43.20

day - 11/7-11/13; Puerto

Vallarta

Rent at 1535 N. Serrano;: $127.50

Utilities at 1535 N.

Serrano; Los Angeles

Appointment with DI. Mark

$10.00

$25.00

Freeman; Beverly Hills

Appointment with Dr. Mark

$25.00

Freeman

Appointment with Dr. Mark

$25.00

Freeman

Dance lessons at National

$29.00

Dance Studio; Los Angeles

Appointment with Freeman

Dance lessons

$25.00

$29.00

-157-

Dase

9/16/67

9/23/67

9/28/67

9/20/67

10/1/67

10/11/67

10/16/67

10/19/67

11/6/67

11/ /67

11/13/67

11/15/67

11/20/67

11/27/67

11/30/67

12/4/67

12/5/67

12/5/6?

12/7/67

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Section

52

52

6

22

52

74

6

22

22

22

22

22

12

22

12

6

12

12

22

22

12

Seriai

4143

4143

745

2325

4143

....

5399

745

2325

2325

2325

2325

2325

1500

2325

1500

668

1500

1500

2325

2325

1428

1033

Item

Appointment with Fresman

Dance lessons

Dance lessons

Appointment with Freeman

-Provincial Motel - 12/17-

12/19; New Orleans

Dance lessons

Locksmithing Institute;

Los Angeles

International School of

Bartending; Los Angeles

International School of

Bartending; LOS Angeles

Rent at St. Francis Hotel;

Los Angeles

Free Press of Los Angeles

Locksmithing Institute

C.M. Hedgpeth, mail forward-

ing service

Rent at St. Francis Hotel

Futura Books

Tiffany Enterprises

Locksmithing Institute

Locksmith Ledger

Locksmithing Institute

Room week at 113 14th St.;

Atlanta

-153-

incunt

$25.00

$29.00

$100.00

$25.00

$24.00

$364.00

$15.00

$20.00

$105.00

$85.00

$4.25

$7.50

$3.00

$85.00

$6.44

$9.98

$7.50

'$5.25

$15.00

$10.00

HH 55509

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jace

12/11/67

12/12/67

12/14/67

12/14/67

12/19/67

12/21/67

1/8/68

1/19/68

1/20/69

1/21/63

1/29/65

1/31/68

2/1/68

2/21/68

2/26/68

2/26/68

2/26/68

2/26/68

3/8/68

3/24/68

---

## Page 173

Serial

5502

1428

5725

432

1033

630

327

46

4454

4454

Iten

Flamingo Motel 3/22;

Selma

Locksmithing Institute;

Atlanta

Travelodge Motel;

Birmingham

Purchase of rifle

Birningham

Room in Atlanta

Rexall Drugstore; Whitehaven,

Tenn.

Roaning house on Main St.;

Memphis

Binoculars; Memphis

Rent/week at 962 Dundas St. i

Toronto

Round trip airplane ticket;

Toronto

-159-

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znour.t

$8.00

$7.50

$8.48

$248.59

$10.00

$1.83

$8.50

$41.55

$9.00

$345.00

SECE

3/23/68

3/28/68

3/29/68

3/29/69

3/21/68

4/3/68

4/4/68

4/4/68

4/16/68

5/2/68

---

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JAMES EARE RIN

Kroun Income: April 23, 1967 - June 2, 1968

Serial

Section

68

Payroll checks from Indian Trail Restaurant

Winnetka, Illinois

May 7

May 14

May 21

May 28

June 4

June 11

June 18

June 25

$ 57.69

84.89

84.89

84.89

89.63

89.63

95.19

77.53

$664.34

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EXHIBIT

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READING BIBLIOGRAPHY

Bishop, Jim.

The Days of Martin Luther Kinz, Jr. G.P. Putnan's

Sons, New York, 1971.

Frank, Gerold. An American Death. Doubleday & Company, New York,

1972.

hoch, Paul, and Scott, Peter, and Stetter, Russell.

Dallas and Beyond. Random House, 1976.

The Assassinations,

Huie, William Bradford.

He Slew the Dreamer.

Delacorte Press,

New York, 1968.

MeN 1976 GEorge The Making of en Assassin. Lattie roma & co.,

Seigenthaler, John. A Search for Justice. Aurora Publ.,

Nashville, 1971.

-161-

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1=0 10

UNITED STATES GOV

•.'ENT

Memorandum

TO

MR. A. ROSEND

artist

DATE: May 22, 1961

w.C. Sullian

Ingras —-

FROM

SUBJECT:

MARTIN LUTHER KÍNG. IR.;

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Memorandum to Mr. Rosen

Martin Luther King Ji

Jr., prominent integrationist

and "sit-in denonstra-

Advancement of Colored People and Congress of Racial Equality. King

has not been investigated by the fil

Burcau Files

revearn ting thanked socialist Workers Party

cited by Attorney Generaly for support of bus boycott;

attendca

meetings of Pyogressive Party (cited by Subcommittee of Senate

Judiciary Comnittee); and was honorary chairman of Young Socialist

League campaign on behalf of victims of racist terror.

King in 1950's mentioned as potential victim of assassin-

→ selme on more details.

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EXHIBIT 8

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Memorandum to Mr. Rosen'

Southern Christian Leadership Conference (to further Negro vote

King thanked Benjamin

Davis,

Jr., Comunist Party official, for giving blood when he

was in a hospital following assault.

King in 1960 indicated his

support for Connittee to Secure Justice for Morton

Sobell (cited

by House Conmittee on Un-American Activities (liCUA) as conmunist

front) and in 1961 wrote article in "The Nation" which called

for integration of FBI to help speed integration. King attended

nectings with integration leadors in Montgonery, Alabana, 5-21-61.

=

.€

3-

•-164-

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EXHIBIT 9

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UNTIED STATES GOVERNAT

Memorandum

TO

H. Belmont

DATE: August 30, 1963

"! 3:

canteen

Evans -

Sale —

Roser. -

Sulliran r

Tarel -

Troller

Tele. Room

holmes -

Gandy -

FROM :

Mr. N. C. Sullivan,

SUBJECT:

COMMUNIST PARTY,

NEGRO QUESTION

IS -

Cairor.

USA

Reference is made to. the enclosed material on which the

Director has written:

"This meno reminds me vividly of those I

received when Castro took over Cuba:

You contended then that Castro and

his cohorts were

not Conmunists and not influenced by Communists.

fine

alone proved you wrong. I for one can't ignore the nemos re King,

et al as. having only an infinitesinal

effect on the efforts

to exploit

the American Negro by the Connunists."

The Director is correct.

We were completely wrong about

believing the evidence was not sufficient to determine some years ago

¡that Fidel Castro was not a conmunist or under communist influence.

On

investigating and writing about comunis and the American legio, we

had

better remember this and profit by the lesson it should teach us.

I do think that much of the difficulty

relating to the memoran

dun rightly questioned by the Director is to be found centered in the

word "inflkence."

He do not have,

and no Government agency or privaie

organization has, any yardstick which can accurately measure "influence"

in this particular context, even when we know it does exist such as in

the case of the obvious influence of

over Nartin Luther King and King's influence over other negro

Leaders. Personally, I beliove in the light of King's powerful

demagogic speech yesterday he stands head and shoulders over all other

Negro leaders put together when it comes to influencing great masses of

nost cancerous legro of the future in this Nation fron the standpoing

We must mark him now, if we have not done so before, as the

of communism, the regro and national securitv.

On determining membership of negroes in the Communist Fasty,

we are. not confronted with the same problem.

We do have here accurate

yardsticks for establishing membership.

Of

course, our standards are

ivery exacting. This means there are many Negroes who are fellow-

travellers, sympathizers or who aid the Party, knowingly or unknowingly,

These we must

not ignore.

The old

communist pringâple still holds: "Communism must be, built with non-

comnunist hurts,"

Therefore, it may be unrealistic to limit oursrivas

as

we have been doing to legalistic.proof or definitely conclusive

•ruence

Enclosure

-165-

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Monorandum for Mr. Selmont

RE:

CONCIONIST PARTY, USA

NEGRO QUESTION

100-3-75

that would stand up in testimony in court of before.

Congressional

committees that the Connunist Party, USA, does wield

substantial

Influence over Negroes which one day could become decisive.

The memorandum which the Director penetratively questioned,

while showing in the details the communist impact on Negroes, did

suffer from such limitations. These limitations we will make every

effoit to lift in the future.

The great amount of attention this

Division is giving to communist activities directed toward the Negio

should enable us to do this..

For example, here at the Seat of Government, the Negro -

communist question takes up as a whole the time of one supervisor and

during the past few weeks four men have been so occupied.

Additionally,

(1) specialized instructions are regularly given the field on communist

infiltration of the Negro; (2) monographs have been written on the

subject and widely disseminated; (3) regularly disseminated are memorande

and reports; (4) August 21, 1963, we devoted the entire Current Intolli-

gence Analysis to the communist plans for the Negro March of August 26,

1903, (119 copies of this Analysis were disseminated to 44 agencies of

the Government), (5) nuch material on the issue is given to Agents it

In-Service; and (6) an SAC Letter is under preparation in this Division

now giving

on Hashington and issuing instructions for increased coverage of

communist influence on the Negro..

As the memorandun poinied out, "this Nation is involved in a

form of racial revolution and the time has never been so

exploitation ge the Negroes by communist elp sandists, " right tor

millio:

Negroes constitute the greatest single

target of the Communist

Director all available facts relating to Negro membership in the Communis:

Party, plus the more complex and difficult to ascertain influence

of connunist organizations and officials over the leaders and masses of

Negroes.

We regret greatly that the memorandum did not measure up to

what the Director has a right to expect from our analysis.

RECOMMENDATION:

For the information of the Director.

-166-

- 2.0

7

NN 55509 DocId:32199528 Page 185

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## Page 186

1012-106

UNITED SINTES CC

Memorandum

*T<)

Ciar

VATI: Septenber 16, 1963 /

FROM

: 1r. F. J. Brungardner

Tele. Hoe:

Sandy -

SUBJECT

COLMUNIST PARTY, USA.

NEGRO QUESTION

COMMUNIST INFLUENCE IN IACIAL MATTERS

INTERNAL SECURITY - CONCILMIST

This memorandun recommends increased coverage of communist

The history of the Communist Party, VEN

recruit the liegro.

Washingion,

CrampIC CT sudiT Connunist activity as Party leaders early put into

motion efforts to iccrue gains for the CPUSA fron the March.

documented information concorning the Party's influence on a priucipal

Larch leader, reverend liartin luther King, Jr., is but an example.

The preserce at the lnich of aiound 200 Party members,

ranging fron

several rational functionaries hended by CPUSA General Secretary Gus

Ilall, to nany rani-and-file members, is clear indication of the Party's

cavorite cargot (üle degro) toury.

All indications are that the larch vas not the

"end of the

Iine" and that the Party will stop up its efforts to explit racial

unrest and

in every possible way clain credit for itself relating to

any "Gains" achieved by the legro.

A clear-cut indication of

Party's designs

is recaled in its plans to hold a highly secretive

leadership meeting in liovember,

1963,

which will deal primarily witn

the Negro situation. This necting 1s to be preceded by agus Hall

"barestorning" trip

through key areas of the country to meet Parly

I people and thus botter prepare hiascle for the November meeting:

The entlic flold is being alerted to this sizuation in a

proposed SAC Lotter (attached).

intensify our coverage

communist influence on the Negro by giving

fullest consideration to ile vie of all possible investigative

techniques.

in addition, sar dield is beinrold to intensify its

coverage of those concunist fronis through wich the Party channels

its influence and to tricooily lts

1ircitigations of the many Party

menbers and dupeo to ernir so icilistles on bohälf of the Party

in the legro jirld.

hunter, in are tiressing" the urgent need for

In to utillied through our Counter-

intelligerco immat iciod id allcept to neutralize or

disrupt the lartyr actuates in the ingro lield.

Necessity for

prompt handling of

all 1a0de: or this catter to insure timely disseni-

nation

the Departeen and each rested ngonclop is also being

eaphasized.:

100-3-1251

SO OCT L 196?

?.:

. -167-

1:

тус. "т

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## Page 187

Menerandum to Mr. Sullivan

RD: COMUNIST PARTY, USA

NEGRO QUESTION

COMMUNIST INFLUENCE IN RACIAL MATTERS

[100-3-116

The proposed SAC Letter requires key security offices

to submit to the Eureau, within 30 days, an analysis of their

current coverage of comnunist activities in the Negro field plus

details of their plans for intensificaiion.

offices participating in the Counterintelligence program on a

regular basis are being required to include in their next monthly

letters due. 10-15-65 their plans to neutralize or disrupt Party

RECO:MENDATION:

II approved, attached SAC Letter go forward apprising

the field as above and urging full implementation so that the

desired results may be achieved. Also attached for approval are

_necessary Manual changes.

-168-

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EXHIBIT 10

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Tolsen

He launt

Caones

Collabian

Coirais

{.

V.

9/18/03

MEMORANDUM FOR THE DIRECTOR

Jiter

/ Telo. Fioom.

Holmes -

Candy -

While the atlached memorandum

bears the initials of ili. Baungardner,

it was prepared from a rough-draft furnished

to him by Mi. Sullivan.

÷';

It should be understood that

Sullivan, Baumgardner, Sizoo and Belmont

read the memorandul and agreed with it

prior to its submission.

REG 5

Enclosure

12=3534

22 0:9 5.1953

Clyde Tolson

I Mine cirtain!

CT:LCB

L ENCLOSURE

mariadendete

-169-

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EXHIBIT 11

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To: Mr. A. H. Belmont

From j

the M. C. Suzzlyp

Re:

COMMUNIST PARTY, USA

NEGRO QUESTION

COMMUNIST INFLUENCE IN RACIAL WATTERS

INTERNAL SECURITY - C

•!?.

:!r.

ir. Ernie

Date:

Septenber 25, 196:

Sir.

Kart

Mi.

-

hir.

V.

Tole. Ho0i--

Miss Jiviates --

Eliss

Predication:

Reference is made to the enclosed memorandum dated 9/16/63

and to the attached proposed SAC Letter.

On returning from a few days leave I have been advised of

the Diroctor's continuad dissatisiuction with the mannot in which

we prepared a Brief on the above-captioned matter and

subseguent.

memoranda on the same subject matter.

This situation is very

disturbing to those of us in the Domestic Intelligence Division

responsible for this area of work, and

ve certainly want to de

everything possible to correct our shortcomings.

Ve absolutely will

not be stubborn about admitting any mistakes ve

have made or be

stiff-necked and unbending concerning our analysis of this matter.

The Director indicated he would not approve our last SAC leiter

until there was a clarification and a meeting of minas relative to

the question of the extent of communist influence over Negroes and

their leaders. In this memorandum I will seriously and sincerely.

try to clarify a most regretable situation.

It is prepared not on

official office memorandum but rather on plain bond believing that

this discussion need not be made a natter of official record.

Common Agreement:

First, I am sure we all are in agreement on the following

which was in both the cover memorandum and the detailed brief

attached: (1) for the past 44 years the Communist Party, USA, has

spent enormous sums of money and

ceaseless efforts to influence

Negroes and to make communists out of them; (2)

the 19 million

Negroes in the country today constitute the grentest single racial

target of the Conmunist Party, USA; (3) Negro leader Martin Luther

does have as an extremol: important

advisor

; (4)

are right now in this nation engaged in a form of social revolution

and the time has never been so right for exploitation of the

Negroes by connunist propagandists; and (5). the Communist Party

could in the future make prodigious

and frent successes with

the American Negro to the serious detriment of our national secuiity.

In addition to the above, the material furnished contained nany pages

of specific oxamples of communist policies, pragzand antactivitles

Enclosures 5es59-26-63

-170-

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Lenorandum

Ico ir. Belmont

RE:

COMLIUHIST PARTY, USA

NEGRO QUESTION

COLMUNIST INFLUENCE IN RACIAL LATTERS .

showing conmunist involvement in Negro racial matters in this nation,

relative to which ve can all agico.

Essence of the Situntion:

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 mast us to do othei

than this. •The position taken

at the tire the Brick was written yas

that, while there is communist influence being exerted on Negroes

and Negro leaders, it has not

years. Certainly dhis is not true with reset

-

The Historical Pusition: to dea

For example, in a detailed document prepared on Comunist

Party and the Negro in 1953, we find the statement referring to "the

Lailure of the Communist Party to attract even a significant number

of Negroes in the United States to its number." Another example is

to be found in an analysis in this same tiold prepared by the Bureau

in 1958 to the effeci that comunist ciforts have been "unsuccessful

on à state or national level" in infiltrating "legitimate Negro-

fraternal, protest and improvement organizations," although they made

linited success in some. "isolated chapters.".

The Director's book,

Masters of Deceit, published in 1922 states:

"It became obvious

that the Party, despite gicat efiorts, had falled to win over ever

a significant minority of Negroes."

In 1960 the Director's statement

to The Committee on the Judiciary. United States Senate, reads:

"It Is no secret that ono 01 tid bitterest disappointments of

communistic efforts in this iation has been their failure to lure

our Negro citizens into the Party:"

In 1962 similar public statemeuta

were made.

On page seven of the Erief submitted to the Director

under the date of August 23, 1003, Lis historical position was

restated and it was said,

"One of

the bitterest disappointments of

the communists has been their sinile failure

to lure any significant

number of our Negro citions into

the Paity."

This statement was

sot lorth again in the cover sesorandun which the Director marked.

The point I wish to ealo here

is this: The fact that this

has beon our historical position in thie Bureau for many years is no

reason to assume that it i'

Director has clearly explain

cocorch position at this time, as the

THis and conditions chango and, as

the evidence nounts, naturally wu noed to chango our position along

alth this ovidenco.

-2.

porT

-171-

9'.=

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## Page 193

Memorandum for Mr. Belmont

RE:

COMMUNIST PARTY, USA

NäGKO QUESTION

COMMUNIST INFLUENCE IN RACIAL MATTERS

Interpretation:

А не 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 form of a sound edifice.

It is

obvious to us noi that le did not put the proper interpretation upor

the facts which we gave to the Direcior.

Martin Luther King:

We have been aware of the conmunist influence for nearli

two years on Martin Luther King, Jr., head of the Southern Christian

Leadership Conference, and in the comprehensive memorandum entitled

"Communist Parts, USA, Negro Guestion," dated S/23/63 me set out

information to the effect that i number of Negro leaders in this

country have had subversive connections in their backgrounds and

that Martin Lither king, ir.. has been dcaling with

As previously

stated, we are in complete agreement with the Director that

communist influence is being exericd on Martin Luther King, Jr.,

and that King is the strongest of the Negro leaders.

As we have

stated before in a memorandum, me remard Martin Luther King to

be the most dangerous and effective Negro lender in the country.

In addition, we know the Party is directing a major effort toward

strengthening its position among the Negrocs inasnuch as we have

information the Party plans to intensify its efforts to exploit

the racial situation for the purpose of guining influence anong

the Negroes.

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Memoraidun for Mr. Belmont

RE:

CO FUNIST PARTY, USA

NEGRO QUESTION

COMMUNIST INFLUENCE IN RACIAL MATTERS

SAC letter to the Field

I would like to set lorth 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:

He need to rener our efforts and keep the pressure on and leave

no stone unturned to develop every and

facts which exist

Some of these

facts may not yet

have been

ünearthea by our field offices, and will not be unless we

follow up this matter evermore closely with them. My second

reason why I think the SAC letter should be sent is related

to the present changing situation inthe Communist Party - Negro

•relations area. During the past two weeks in particular there

bave been sharp stepped-up activities on the part of communist

officials to infiltrate and to doninate Negro developients in

this country.

Further, they are meeting with successes.

This

should be no

surprise to us because since the Negro rarch on

Washington on August 28 communist officials have been doing a11

possible to exploit the very

troubled racial situation.

As®

they 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

lacts relating to the current changes aud pertinent activities

• going on during the past lew weeks in this entire field.

Subject of Deep Concern

May I repeat that our fallure to measure up to what the

Director expected of us in the area of communist • Negro relations

15 a subject of VErY_deep concern to us in the Domestic Intelligerca

Division. We are disturbed by this and ought to be.

I want him

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Memorandum for Mr. Belmont

RE:

CONFUN IST PARTY, USA.

NEGRO QUESTION

COMMUNIST INFLUENCE IN RACIAL MATIONS

to know that we will do everything that is huuanly possible to

develop all facts nationwide relative to

the communist pinctiation

and influence over Negro leaders and their organiintions.

RECOLMENDATIONS:

(1) That the Director reconsider giving approval for sending

the enclosed SAC Letter to the field.

of.

(2) In order that other agencies and provinent forcindent

officials vill be aware of the deteruined offorts vi the Connunist

Party to exploit the racial situation, ii the Direcior approves we

will prepare a concise document setting fortli clearly those attempts

to penetrate, influence, and contiol the licgro noveneat. Dy sciting

these facts forth, succinctly and clarly, the leader cannot help

but be inpressed with the seriousnoss

tho cocuunist activities.

"?:.

:....

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EXHIBIT 12

(Classified)

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O

EXHIBIT 13

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matter

Tolson

Belment

Hohr

20/17/63

fIlE

MR. TOLSON:

Cahoocht

Evans o

Lesle -

Sullis

Тека

Trolter

Tele. Aoon

Holnes.

Gandy

The attached analysis of

: Communism and the Negro Movement is'

¡nighty explosive. It can be regarded as

a personal attack: on Martin Lutherling.

"There is no doubt it will have a heavy

impact on the Aïtorney General and anyone

else to whom we disseminate it.

It is

labeled TOP SECKET. However, even such a

high classification seems to be no bar

today to a leak, and should this leak out

it will add fuel to a matter which may

already be in the cards as a political

issue during the forthcoming Presidential

campaign.

The dinosandum makes good reading and

ll is based on information from reliable sources.

We may well be charged, however, with

expressing opinions and conclusions, parti-

cularly with reference to some of the

statements about king.

association with King, and the fact that we

are disseminating this outside the Department.

He may resent this.

Nevertheless,: the

memorandun is a powerful warning against

Communist influence in the Miesro movement

aila we will be carrying out our responsibility

by

in

Missoninating it to the people indicated

attached memorandur

lamaladtt,

its buch

IC-3-1

в ОСТ 2.3 1993

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EXHIBIT 14

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ĐEC 10 1976

, FEE: JEW: veR

Mr. James Eatl Ray

Post Offloe BOY. 73

Brushy ibuntain Penitentiary

Petros, Tennassee 37845

Daar. KI. Ray:

In May of 1976 the Attorney General of the Unitol

States created a task farce for the purpose of reviewing

the Fal'e investigation of the assassination of

DI. tartin Luther King, JI.

The task force is row in the process of winding up

its inquiry before subnitting a final report to the

Attarney General. However, we feel that our irquiry vill

not ba corplete unless lia give you an opportunity to state

your participation, or lack of participation, in the

murder of Di. King.

icoordingly, ve herebs request, througn your attomey,

James H. Lesar, Esguire, your consent to an intervie by

hare, your consen,

nenbers of the task force. If you should agree to tall:

to us, our ture schedule requires us to arrange for the

Interview to rake place not later than Dacenber 31, 1976.

Ploase let us know irmodiately whether you desire

to be intervierad.

Sincerely,

FrOd G. POLSCH

Director

Martin luther King, JI., Task Farce

-

James 11. IBB35, Esquire

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EXHIBIT 15

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Brushy Amuntant Meriteriang

Metros, Tennesser 37845

Mr. JangS H. Losar

Attorney at Law

1231 fourth Stroot, S.H.

Wash. D.C.

December 20, 1976

se: Ray v. Tenn. cr. Indictment no. 16645;

Shelby county, Tennossee.

(1968)

Dear Jin:

In respect to your letter sasing that a justice departzent attorney, li.

Jases F. Walker, rould like to intertlew ne concernint the above indict-

ment, I agroe tith your advice opposing the intertier. It rould appear

that this rould only be in the interest of the J.D. and their book writinc

collaborators, e.s., sorld Frani, Secrge McMillIaz: st al.

If they had wanted to interview the defondant, under oath, justice had.

ample opportunity in the 1974 k.C. hearing in lienphis, Teanessee, through

their surrogate,!. Henry Halle; and I understand no representative from

Justice appeared

as a witness at the hearing.

At the present I bellere the only body I should tostify before 15 a july.

I understand

you to say justico has not read any of the tre. of prior

hearings & suits. Therefore I'll include in the ee copy of this letter

to justice a copy of a complaint that speaks to the Mly jr. matter rith

ottached. Ex-oh, althoe I

doubt 11 Justice or their publichine assoclates

will be interested in the Complaint contente.

cc: James F. Walker, Esq. J. DoL

Sinceroly: Janes e. Ray 165477

P.0. Box--?3

Petros, Teun. 37345.

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IN THE INITED STATES DISTRICE COUST

FOR THE NESTERY DISERICT DE

2211123329

WESTERN, DIVISION

JIMES I.

RAY,

Plantis!

TIME INC.

GEORGE MCMILLIAN

W. HENRY HAILE

HILLIAM BRATFORD HUIS

GEROLD FRANK

HON. ROBERT M. MCRAE

BRENDA PELLICCIOTTI

Defendants

C1r1a ActIon No. (-16-274

COMPLAINT

1. ALLEGATION OF JURISDICTION:

(a) Jurisdiction of the partles in the hefein subject natter is Hased upon

diversity of citizenship and the amount in recovery.

Plaint1ff, acting pro se, 1s a citizen of the State of Tennessee under "oper-

at10n of Law" in the subject matter; defendant TIME Inc. (here-in-after, TIME)

18 a citizen of the State of New York; defendant George McHillian (here-1n-

after, MCHilllen) 1s a citizen of the State 01 Massachusetts; defendant il.

Henry Haile (here-in-after, Halle) 1e a citizen of the State of Tennessee;

defendant Willian Pratford Hule (here-in-after, Hule) 15 a citizen of the

State of Alabana; defendant Gerold Frank (here-in-after, Frank) 18 a cltizen

of the State of New York; defendant ion. Robert M. McRae (here-In-after, Judge

•McRae) 1s a citizen of the State of Iennessee; defendant Prenda Pellicciott1

(bore-1a-after, Pellicciott1) 1s a citizen of the State of lenessee.

The

matter 1a controversy exceads, ercluelve of interest and costs, the sun of

ten thousand dollars.

(b) Jurisdiction founded in the 'existence

01

a federal question and the amount

In controversy:

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The action arises under the fifth, sixth, and fourteenth, amendents to

the Vatied States constitution; U.S.C. IItle 28 § 1331 (a), as nere-1n-

after note fully appears. The matter Ia controversy exceeds, exclusive os

Intarest and costs, the sun of ten thousand dollars.

(c) Juriediction founded on the existance of a question arising under parti-

cular statute:

The action arises under Act 42 U.S. C.A. § 1983; U.S.C. IItle 28 § 1343 (4).

As here-In-after nore fully appears.

THIS IS IN ACTION IN LIBEL & CIVIL RIGHTS VIOLATIONS.

GENERAL BACKGROUND:

On April 4th 1968, Rev. Martin Luther King jr., was shot . d killed 1n,

Memphis Tennessee; In May 1968 tha plaintill was indicted by the shelby

county sfand Jury (er. Indictaent. no. 16645) for said shooting; on March

10th 1969 plalatiff, allegedly through coercion by his attorney, Percy

Foreman & the prosecution, entered a guilty plea to said er. indictment; on

February 2ad 1974 the U.S. Ech circuit court of appeals ordered an evident-

Lary hearing into the circumstances

of said plea, Ray to Rose 491 F2d 285

MC.A.6, 1974; on February. 27th 1975 after bearing Bald evidentiary proceedings

the U.S. District court for the H.D. of Tennessee, Hon. Robert M. MoRae, pre

siding ruled against plaintifI, Ray v. Rose, C-74-166; on May 10th 1976 the

U.S. 6th aircuit court of appeals upheld Judge MCRae's ruling In said evi-

dentiary hearing- Ray v. Rose, C-75-1795.

PlastISI, JANES E. RAY, sUeS

Defèndants, TIME INC.; GEORUS MCMILLIAN; #. HENRY HAILS; MILLIAM BRAT?ORD

HUIE; GEROLD FRANK; ROBERT M. MCRAE; BRENDA PULLICCIOTTI, and alleges:

2. That while awaltlag trial in the aforementioned cr. Indictment the plain-

t111 copied down fron recollection

Information he had gained in k1s 1967

associations, assoclations wilch lead to plaintiff belng charged under

said Indictnent.

3. That a brief summary of said recollections and their subsequent disposi-

tIon by plaintitl are as follows:

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lal duriag one zer

on a money receipt issued

forth froa the Sheriff's office of the

Shelby

county, Tennessee, jail infornation waich plaintift believed nad a direct

bearing on said cr. indictuent. See, Ex--A. -

(b) the Information consisted of telephone numbers & one name

address; all

numbers were written down backwards, Including the address-

(c) the two telephone numbers were listed next to the word "Sister", the

f1rat being listed in, New Orleans, Louisiana; the second being 1n, Baton

Rouge, Loulsiana.

(d) the address is listed under the name, Vera C. Staples.

(a) the telephone number listed under the Baton Rouge address was furnished

to plaintiff's attorney, Percy Foreman, who Has representing plaintiff in

sald ar. Indictment.

(1) the address was not investigated until plaintiff was incarcerated upon

pleatng to said indictaent; a compendium of the post trial lavestigation

would Indicate: the information cited above was given to a St. Louis, Miss-

our1, labor leader, and inforued It pertained to the MIK jr. case, who app-

arently in turs furnished said information to a Nashville, Tennessee, ex-

Attorney to Investigate;

said Attorney had sources in the State of Louisiana

Investigate the natter 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 rideast organtzation 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.)

(s) the plalatiff had come by said nane & address shortly before crossin:

the border In November 1967 from Iljuana, Mexico, Into the United States;

the name was Randolph Erwin Rosen, 1.180 N.W. River Drive, Miani, Florida;

other reference was made to a LEAA; a check through the Miani directory in

1970 Indicted no Rosen listed with the above first & second name; in 1973-

74 a Chicago, Illinois, reporter was quired as to the nane of a Rosen tho

was an official in the Frogressive 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-

Was received indirectly fron the Hon. Richard Ichord a congressman fron

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Missours; thereaftar as Attorney ia Oklahoma City, Oklancha, was furnished

the Rosen name and asked If he could find any infornation re the subject

is, New Orleans, and Inforned the subject night hare a cr. record; the Att-

oraey reported back that the subject's last name nost likely was, Rosebson,

and that he had a cI. conviction in New Orleans, Louisiana, federal court for

a narcotics violation; thereafter a Tennessee licensed Attorney procured

the tr. of said conviction; subsequently another check was made through the,

Mlant, telephone directory which did list a "Randy Rosendon" but with an

address discrepency.

4. That plaintiff Intended the above Information for exclusive use, after

a through intestigation, in a

jury trial under said cr. Indictment--rather

than for commercialzing in the communications industry--and in consequence

withheld parte thereof fron platatil!'s er- Attorneys, who were enneshed

with defendant (novelist) Willian Bratford Huie in commercial publishing

ventures:

I.st) Attorney Arthur Banes sr., who immediately upon entering the

oust contracted with defendant, Eule and 2nd) Attorney Percy Foreman, wino while

sot entering into literary contracts with fir. Huie until Jatuary 1969, two

months after Foreman's entering the suit, Mr. Forenas did not question plain-

tIII about said Information or ather aspects of the cr. Indictment--because

of his (Forenan's) admitted trial preparation nethods--until February 1969-

• So That in February 1969, after Percy Foreman had entered into literary

contracts with defendant, Fule, plaintiff furnished Attorney Foreman with

the above mentioned,. Baton Rouge, phone nunser and asked him to investigate

In connection with the MLK jr. sonicide. Shortly thereafter Mr. Foreran

replied in effect that if there were to be any telephone numbers refered

to in court he (Forenan) would furnish: them through contacts is interstate

sambling--Mr. Foreman mentioned a, Mr. Meyer Lansky, as his source.

6. That subsequently, after the prosecution and Percy Foreman had maneuvered

pla1nt1lf into entering a plea to said indictment, the plaintiff on March

11th 1969 was checked into the Tennessee State penitentiary--Nashville

Branch--and therein all plaintiff's personal property including the paper

herein attached as EX-A, and including inconing legal & personal letters

mailed to said prison, vero confiscated tron plaintifI. Two or three days

later after discussing briefly with State corrections connissioner, Harry

• Avery, the letters including EX-A xere returned to plaintiff by said,

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consisaloner, farry avery. (except for a thin line circling sose aritinga

the property seened in order.

76 That prios to Plaintif!'s transfer to the aforementioned penitentiary,

Commissioner Avery, the late Governos of Tennessee, Hon, Buford lington,

and Governor Mllagton's adsinistrative assistant, Mr... Willian L. Barry,

had decided and committed to writies (see, Avery testinony In, Ray VB. Russ

o11, U.S. D18. Ct. M.D. I. C1%. Action no. 5590, 1970)Plalntiff's treat-

ment upon entering said penitentiary, 1e, arbitrary lodglog of PlaintifI in

solftary confinesent immediately upon his entering prisor.

8. That thereafter on (March 13, 1969) when plaintiff commenced petitioning

the trial court for a new trial under said indictment, Commissioner Avery

attempted to persuade Plaintill against seeking a trial under said indictment

and after falling that Inforned Plaintiff that he would bever be releasted

fron solltary confinement while he (Avery) was corrections commissioner.

9. That in the succeeding years until the present Plaintiff has been arbi-

trarily locked in solitary confinenent/ segregation for approxinately five

jears, during which time their has been several suicides by prisoners beca

ause of the harshnent of the confinement including two (2) who burned them-

selves to-death. See, EX--B.

19. That after the aforementioned plea by Plaintiff the trial Judge, Hon.

Preston Battle, departed Iron Hempbis, Iennessee, for a vacation and wbile

on sald vacation the then Governor of Tennessee, Hon. Buford Mllngton,

upon learning of Plaintill's effort to receive a Jury trial under said In-

dictuent, dispatched State officials to located Judge Battle to offer bin

the next Appellate Judgship vacancy if the Judge would deny Plaintiff a

trial under the petition refered to in paragraph-8 above.

1l:: That on of about March 12th 1969 in the prison segregation building

Plalnt1f1 was confronted through a rude by special agent, Robert Jensen

of the Mempals, Tennessee, federal bureau

oI Investagation offico. The

thrust of "'. Jensen's conversation was seeking cooperation of Plaintil!

12 furthereing the FBI Investigation of sald cr. Indictment. When Plaintles

rofused the cooperation offer Mr. Jensen upon departing said Plalatill could

ospect Plaintill Brothers (Joon & Jerry Ray) to j01n hia 11 prisos, or words

to that effect, thereafter:

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(a) Ba

untill's brother, jerry Ray, ras intlaldated to the extent

that he had to resign his job 15 tha Chicago, Illinois, area; sub-

sequently after forciag hin Iron his job the fBI attempted to frano.

bin for nunerous crines.

(b) plaintifi's other brother, Joha Raj, nas arrested by police

while driving his car in tho St. Louls, Missrurl, area and subsequeat-

ly charged by the FBI for alding and abetting a bank robbery. Tried

and convicted with a defendant whom tho government 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. circuft court of appeals because the fruits of an 1llegaly

search & seizure was used against him; however, the 8th circuit ruled

thir the fruits of the 1llegal search was not ground for reversing

John Ray's case becasue the alleged evidenco (stolen noney) was not

taken frou hin; upon re-trial the alleged robber was acquited; sub

sequently arother defendant in the robbery was charged and entered a

plea for three (3) years waich was later reduced to eighteen months

by the governuent.

12. That in june 1959 Plaintill Illed a civil action In the United States

District court for the M.D. Of Tennessee seeking to void contracts between

platnt1f1, the aforementioned Percy Foreman, and defendaut, Huie. In att-

enpting to have sald civii action (Complaint) dismissed, thus secessitat-

158 the reflling by Plaintiff 1a the M.D. of Tennessee, the defendants

Attorney the late, John J. Hooker sI., of the Davidson county Tennessee

bar, Illegally procured Plaintifl's entire prison record, including doricle

Informatian, Iron the aforementioned corrections conmissioner, Harry Avery,

and was thus able to have said Complaint dismissed in the M.D. of Tennessee

and refiled in the W.D. (civil action no. C-69-199) before Judge McRao,

because of said donicle information.

13. That thereafter 1e civil action no. C-69-199 one of Judge McRae's

1n1tial rulingwas that sald action would be decided by deposition rather

than live testimony-subsequently the Judge disnissed the suit on notion..

al the defendants.

14. That following the United States Sixth circult court of appeals ruling

on February 3rd 1974 ordering an evidentlary hearing into the circumstances

of Plentill's aforementioned guilty plea under said indictnent defendant,

Judge MeRge, again assured jurisdiction to conduct

said hearing (civil

act10n 10.0-74-166) and again ruled that the two principal titnesses, the

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aforesentioned fercy foreman & defeadant dule, rould not have to undergo

I1va testiony, gali depositicag. Te Judge accomplished this legal =aneu

was by fullng the Plalatiff's subpoena powers gere linited to a 100 mile

radius of Menghis, Tennessee.

That Judge McRae further prejudicial & arbitrary actions & Inactions

listed below effectively diminished the Plalstiff's right under the Inited

States Supreme court mandate for a full and eguitable evidentiary hearing:

(a) the court ruled in effect P

at the solicitation of the

State's Attorney, defendant Hatle--who had conplained

to the court that

the press was urging the State to ask certain questions of Plaintiff--that

General Haile could lnguire of Plaintiff's alleged Information he (plaint-

111) provide said Percy Foreman concerning others persons allegedly culpa-

ble under said ci. Indictment. Thereafter, althoe Plaigtiff did refer to

information described above as being given to Mr. Forenan by Plaintiff, and

within the confines of the above court ruling, neither defendact, Halle,

05, Judge MeRae questioned Plaintiff 1n the natter.

(b) Judge McRae In concert with defendant, Pellicciotti, has con-

eistently--despite petitions iron Plaintiff's counsel, Jases 3. Lesar-

declined to forward to the U.S. 6th circuit court of appeals relevant &

necessary portions of the transcript in said evidentiary hearing: specif-

"Ically, the dofiaitive portions of said transcript evidencing, Peroy Forenan,

- astor invatation, rofuaed to oller live testiony In sald eldentiary hear

ing; and thus through their deleterious inactions 1n the tr. matter contri-

buted substantially to the 6tb circult decision agalast Plaintiff therein.

(c) Judge McRao has Ignored a petition to take perpetuating testi-

mony, filed alter said evidentiary hearing, fron defendant, Muio. Mr. Hule

being a principal character therein.

15. That prior to said evidentiary hearlug, Judge McRao, mislead or att-

empted to mislead Plaintiff's Tennessee cr. counsel as evidenced by a

series of letters Plaintill recelved from said Counsel (Mr. Robert I.

Livingston) Implying that during several encounters with Judge MoRae ho

. (Ilingston) was lead to believe the court was sympathetic to Plalatiff's

case and thus a vigorus presentation by Plaintiff's counsel would not be

necessary or desirable.

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16. That

thels baze been gublicized allegations that, Judge YcRae, 18

nore concerned with the political effects of his decisions than the

Ian. See, EX--C.

12. That the clers of the court defendant, Pellicclotti, therein sald

evidentiary hearing was conducted acted in concert with, judge licRae,

1n decllang to prepare and forward tr. material, described in paragraph

1i-b above, to the U.S. sixth circult thus contributing substantially

to the sixth circult denjing Plaintifi relief under bald evidentiary

bearing.

18. That defendant, Halle, who waB

the State's chief counsel in the afore-

mentioned eridentiary hearing, but 1s now in private practice, bas libel-

ed Plaintiff by alding & abotting defendant, Mclillian, lu clulllan's

preparing & authoring the aforementioned artilce for defendant, TIME.

19. That defendant, schilllan, Inforned Plaintiff'e brather, jerry Ray,.

01 Ki's (MCMIlian's) relationship. Mith defendant, fallo. :..

20 • That 12_

19?5 defendant, Haile, appeared with defendant, McMilllan,

at the Tennessee State penitentiary--iashville Branch--Therein MCMillian

roquested warden, Jomes I. Rose, a personal friend of Haile, to contact

Plaintill and ass if he would consent to an interview by, McM1ll1an.

Harden Rose did lorward said Interview request to Plaintiff which Plaintiff

declined and, thereafter, Halla & McMillian viewed the solitary confinement.

building wherein Plaintiff as housed.

21. That defendant, Haile, while asst. att. gen, for the State of Tenn-

ossee several times rublicly criticised court decisions unfavorable to hin

1n a manner euggesting he was attempting to intinidate Judges, acts for

which he subsequently was dismissed from the A.G.'s ofMce by the Att-

orney General for the State of Tennessee.

22. That 1a the January 26, 1976, 186U0 Of TIME Dagazine (EX--D) under

the title of "Ihe king Assassination Revisited", defendant, MCM1ll1an,

authored a malicious article subtitled "I'" gonna kill that nigger Klag"

and alleged said subtitle to be a statement made by Plaintifi.

Sald article 18 I1ttered #1th dellberate fabricatione, and while of a

hollywoodish charactor they are delivered ith malice intent, begining

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1.. In 1963 20d

4 Har:1= Lutzer King as on IV aldust everyday, talking

deflantly about bow black people were 501ng to got their rights...Ray

ratched 1t all arldly on ise cell-block IV at Joff City. He reacted as

11 King's remariss were directed at hin personally. He boiled when King

came on the tube. He began to call him Martin 'Lucifer' Klag and Martia

Luther 'cood'. It got so that the very sight of King would galvanize

Ray ". p. 18 sald article.

The facts are that their were no TV sets 1n the cellblocks of, cells,

during Plaintiff's entire sojourn in the Missourl State penitentiary at,

Jolferson City; and, that defendant Melillian 1s cognisent of this fact

through conversations with Missouri corrections officials vom he has

contacted for Information numerous times.

See, EX--E.

23. That several our deliberate fabrications with nalicious intent in

Bald article are:

(a) "Ray and (bis fellow convict Raymond) Curtis would set around,

often high on speed..." Speed belng a form of narcotic. p. 18.

(b) "On April 24, 1967, Just one day after Pay escaped fron the

prison at Jefferson City, he net his brothers Jack and Jerry in Chicago's

Atlantic Yotel..." Allegedly, say's MeMillian, discussing the murder of

Martin Luther King. P. 18.

(c) that McMillian alleged Plaintiff's Brothers, Joha & Jerry Ray,

had, fron conversations with Plaintiff, knowledge before the fact of the

MLK JI. murder. PP. 18 & 23.

24. That the State of Missourl's degartment of corrections connissioner,

MI. GeOIge M. Canp, alleges 1n effect that defendant McMillian 1s a fraud

¿1n connection with McMilllan's aforenentioned allegations concerning Plain-

t1ff's conduct wille In said Missourt penitentiary. See, EX--E

25. That the Missour prisoner defendant McMillian principally relies on

to substantiate bis allegations, allegations that Plaintill not only

ploted the murder of MIK JI, but was also a narcotic addict, narcotic

peddler, ect. ect., 1s reveled to be one, Raymond Curtis.

Said, Raynond Curtis, atterpted

Lonced to converse with Plalaties ihile 1n

Bald penitentiary, thereafter he (Curtis) voluntarily "checked 1ato"

segregation, alter being exposed as a professional inforner, and thus

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was thereafter linited 1a bis prison association to his oma type.

26. That shortly after Platat1ll's arest 1n 1968 to anser for said er.

Indictment defendant McMillian stated at a news conference that since he

(McMillian) knew Plalatiff was guilty of the Indictuent charge he (McMill-

Ian) would not have to investigate the case. Thus 1t follows a fortlor

that Merillian has relied on the work product of other novelist to sub-

stantiate sizeable portions of his allegations in said TIME artacle.

2?. That defendant McMillian has posted Plaintiff numerous letters, first

threatening, then cajoling, in seeking Intervlews for use 1n said article

and his alleged forthcoming book re Plaintiff.

28= That defendant TIME magazine has a vested (financial) Interest 1a

publishing sald artilce by McMillian--thus in promoting Mchillian's forth-

coming book re Plaintiff-- In that Mclillian's publisher, Little Brows,

1s a subsidary of TIME 1ac.

29. That defendat TIME deceived their own agent (Richard C. Hoodbury) in

their Chicago, Illinois, office 1nto thin:ing TIME mould run an objoctive

story re the natter. See, EX--F.

30. That defendant TIME was

consciously endeavoring to influence the

United States Sixth Circuit court of appeals 11, Ray v. Rose, 10. 73

1543, whick just a few days subsequent to said article heard agguments

1n the above Ray t. Rose suit to deternine whether to order Plaintiff a

ner trial under said cs. indictment.

31. That TIME 1nc, has a history of conspiring to subvert the judicial

and political processes by publishing, tinely, malicious articles prior

to judiclal decisions or eléction of public officials..

32. That because dofendant, TIMS, has made a fresh investigation )p. 17

said article) into the "case"--their intial investigation evidently

being perdorned by line 1Dc. LIFE magazine in 1968--TIMI 1s cogalzant

that a substantial portion of said article 1s false & malicious.

33. That substantial portions of said artilce by McMillian were supplied

to Mr. MCMillian by defendants, Frank & Hule--Defendant, Hule, published

a novel ra Plaiat11! in 1970 i1tled "He Slew the Dreamer"; defendant, -188-,

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• 34. That the false allogations la said article: "that Plaintiff comnitted

a holdup 1n London, England, and that George C. Wallace rould pardon

plalat11i, pp. 17 & 23 respectively, were supplied to defendant cHillian

by defendast Hule as evidenced by stateuents made directly to Plalatifl

by the above mentioned Percy Foreman (quoating Eule to Plaiatill) along

W1tb oral & written declarations by Defendat, Hule. See, '':::'....

35. That defendart Hule 1n his osgoing nedla canpaign agalnst PlaintifI

l1beled Plaintiff In a CBS-TV interview hosted

by, Dan Rather, on or

about January 2, 1976, by falsely alleging in effect that Plaintiff had

murdered MLK JI. and, robbed a loan company in London, England.

36. That the false

allegations 1n reference to Adolph Eitler (p. 23 said

article) was supplied to defendant:McMillian by Dofendant, Frani, as et-

1denced by statenents made directly to plaintier by Plalatills forder

Attorney libo was Intertlewed extensively by defendant, Frank) Robert Hill, '

of the, Chattanooga Tennessee bar.

37. That defendant Hule has

a history, for conuercial reasons, of

contentiousness with said, Gov. Wallace.

38. That defendant Frank has a history of defending Zionism eten when

1t Includes nurder, eg, see Frank's novel, publisher in 1963, titled

"THE DEED", and 11 allegations in count 2-1 above are substantiated 1n

court proceeding Mr. Frank's Intrusion 1to sald cr. Indictuent as a

Government advocate 1s readily explicable.

39. That an article 1n the BILALIAN NZWS publisked March 12, 1975, page 15,.

perultimate paragraph, reported MEK JI. Was shifting his political all1-

ances..!Dr. King was shifting his political allinaces and civil rights

approach. To cupport this lew observers point to Dr. King's Mews on

the Viet Ran war and bis growing support of the labor novement. Dr. King

was also coning under the influence of the Teachlag of the Honorable

Master 111 jab Muhannad..."

40• That Plalnt111 f1led a Ilbel sult in the United States Dis. Ct. P05

the W.D. Of Tennesses titled, Ray v. Fraak, C1T1l Action no, C-73-126,

against herein defendant, Frank, in 1973, and had process served upon

his through his publisher, Doubleday company. Mr. Frank Has subsequently

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releived by the Court as a defendant in said suit by falsely alleging

( See, EX-G. po 1) a proceas delicioney; MI Frank's 10 effect salsely

• alleged that be & Doubleday Company's affillation vas forsal & transitory.

41.. That the record will conflen that not one of the Plaintill's accusera

1n the connunication Industry have ever offered live testinony 1n a court

of law but on the contrary, they have utlilzed numerous ruses to avoid

process and the subpoena while the record vill evidence Plaintiff has not

only given live testimony (In the aforementioned evidentlary hearing) but

prior to the plea in said er. Indictment was in contention with his cr.

counsel in their lnsisteace-1n collusion with defendant, Hule--that plaint-

111 not be a defense witness therein.

Horeover, nothing of substance indicates that the legal systen-

Influencial publishing companies combine are not acting in concert to assu-

re that their shall never he a (Jury) trial for Pleintiff, criminal or

CITI, that's related to said indictment. ..apparently because 1t wouid now

be a "show trial", 1.e., the Government could not sustain 1t's heretofore

modia case.

And 1t would appear that a cr. defendant iithout the economic

or polItical Influence to effectively contest the above situation 1s not

only subject to the denial of due process but can also expect his family

nembers to be jailed and framed for crininal offences while the sane pub

I1shing Industries, 96, defendant, TIME, conplala self-rigatoously about

some distant country's corections or legal systen.

Further, It seen's that, by chance, the same media-political

combine that coalesced 1 the Watergate Investigation-prosecution and

demanded full disciosure: are

out. of the same sack as thoes who prosecuted

plaintif! under said cr. Indictment and who are now opposed to diaclosures.

IN SUMMARI: the above mentioned Percy Forenaa has beretolore,

since he & the Goverment saneuvered Plaintiff Into sald Indictment plea,

been firing a running commentary in the media on how he (Foreman) accon-

plised the feat. Now he has published analogously the epilogue to the

Seat 1n the STAR magaziae whereir he pronounces:

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che publicity, appellate courts are reluctant to

reverse becauss it mould bring down a heap of criticisn from

the public tho are not anillar with tha rule and regulation

of lam...to find a judge or a group of judges with ebought

courage would on experience, be unexpected". See, EX--a.

42. That the defendants, TIME 15C., George McMillan, % Henry Haile,

WIllian Eratford Hulo, and Gerold Frank are guilty of the violation

as {ollows:

(a) 0f 11bel1ng pla1nt1f1 1n said TIME article with malicios Intent.

43.. That the defendants, TIMS 1nc., Ceorge Mclillian, i. Henry Haile,

are guilty of the violatioa as follows:

(a) of acting 1n collusion, by the nature of said article and 1t's

publishing date, to influence the U.S. 6th circult court of appeals 10,

Ray v. Rose, 10. 73-1543, adrersely to herein Plalatiff, thus obstructing

justice and violatiog plaintiff'a civll rights.

44--That defendant, McMilllan, 1s 1n addition guilty of the violation

as follows:

(a) of recering & publishing malicious rarerial from defendants,

Hule & Frank, iith a reckless disregard for the truth or falsity of sald

material thus compounding McM11lian's libel.

45. That defendant, Hule, 1s In addition guilty of the violation as follows:

(a) of liveling with nalicious intent by falsely charging on a

CBS-TV special dated January 2, 1976, and hosted by Dan Rataer, that Flaint-

118 had in effect murdered, Rev. Martia Luther King JI., and, robbed a

Loan company 1n, London, Ergland.

46, That defendant, Haile, 1s guilty of the additional violation as follows:

(a) of Flolating Platat1?l's civll rights with malicious intant

by a1d1ig & abetting defendant, chillian, 1a bis (Menillian's) publisging

sald article, through furnishing Mchillhan information from the files of

the Ternessee Attorney General's office wila he (Halle) nas asst. Att. Gen.

(b) of bating direct inowledge resulting from his tenure 1n the

Iennessed A.G. ofiice and his association with the aforementioned, Percy

Foreman & W1111an L. Barrj, of the trutfulness of allegation nade in count-3

hereis abave, thus violating Plaintlff's c1v1l sights.

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47. That defendants, Judge MeRae & Brenda Pellicclottl, are gullty 01

the alvil rights violation as follows:

(a) of deliberately withholding relevant portions of Plaintie!'s

transcript fron an appellate court, refered to 1a count-14 b above, and

thus contributed substantially to that court--u.s. 6th circult court of.

appeals--sustaining Judge McRae's earlier ruling therein agalnst Plaintlls.

48. That defendant, Judge McRae, 1s 1n addition guilty of the c1v1l right's

violation as follows:

(a) of refusing to act on a notion to take perpetuating testi-

mony from defendant, Rule, in the aforesentioned evidentiary bearing, re-

¡ered to 1n count-14 e above.

49. That the Plaintiff 1s entitled to exenplary damages because defendants,

excluding Judge Mcrae & Pellicciotts, should be taught that the culpabil-

Ity of defendants In cr. Indictaents were intended under the United States

constitution to be decided in courts of law rather than through fraudulent

alsrepresentations in the connercial communications industry; and the otber

two defendants that legal requirenents precede political considerations

or blasness against a particular l1tigant.

50. That as a result of the defendants actions cited herein the Plaintiff

has not only been ligeled 1n a maligant fashion but thoes who have the

responsibility of upholding litigants constitutional rights have by their

collusive acts Indirectly contributed to and encouraged the libel.

WHERSFORE, Plaintiff demands Judgment fros defendants, ex-

cluding Judge McRae, punitive damages of Five hundred thousand dollars

respectively.

Janes E. Ray

Station--A

Nashville, Tennessee.

Plaintiff

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DATE: Due 02 4212

TINAMOFIT,

Roccived of Sheriff William N. Moiris, Jr. the

SUn Of $/02

Said nonigs boing sent

•by mail to

James Earl Ray, with allases, from CHili EE22ER

sCSTeN No. 1593-48941427

The above sun was icceived in the form of

cash, (chock)

moncy

ordor.

(G7rcl0 appropriate)

VERA C. STAPLES O

1081:N.W, RIVER 3H.

118,F2.

MOSEA

BY : (

ames Earl Ray, County Jail

RRY PAY - 71O ANY AUE,

Louis, Missane oB108.

• 8..

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EXHIBTT 16

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State of Tennessee

SHELBY COUNTY

1, J. A BLACKWELL, Clerk of the Criminal Courts of said County, do hereby certify that the fore-

soing._ (5) FIVE

Pages contain a full, true and perfect copy of the

PETITION FOR WAIVER OF TRIAL AND REQUEST FOR ACCEPTANCE OF PLEA OF GUILTY AND

ORDER AUTTIORIZING WAIVER OF TRIAL AND ACCEPTING PLEA OF GUILTY AVD

VOIR DIRE OF DEFENDANT ON WAIVER AND ORDER - OF JAMES EARL RAY - BOCKET NUNIVER B-16645

as the same appears of record now on file in my office.

" In Testimony Whercof I have hereunto set my hand and affixed the seal

of said Court, at office, in the City of Memphis.

this

16 day of

AUG.

- 1976.

15/ J.A. BLACKIVELL,

By-

lon Barito

-Clerk

- D. C.

State of Tennessee?

SHELBY COUNTY

IN THE CRIMINAL COURT OF SHELBY COUNTY, TENN.

Memphis, Tena._ AUSe 16,1976

-..19__-

I, WILLIAM H. WILLIAMS.

_. sole and presiding Judge of the Criminal Court of said

County Division 3 , certify that J. A. 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

day of.

I been

_19.76

-_ Judge.

State of Tennessee

SHELBY COUNTY

1, J. A BLACKWELL, Clerk of the Criminal Courts of said Couaty, certify that HON.

_WILLIAM H. WILLIANS

-, whose 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

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,

this 16 day of

-1976

151, 01.1. BLACKHELL

_Clerk.

By.

D. C.

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IN

DIVISION

STATE OF TENNESSEE

yS.

JAMES EARL RAY

DEFENDANT

NO. 16645

PETITIO. FOR WAIVER OF TRIAL AND REQUEST FOR

ACCEPTANCE OF PLEA OF GUILIY

That my true full neme Is

JAMES EARL RAY

and I ossert that

gil procecuings against he should be hod in the nome which I hereby declare

to be ny

true none.

My attorney in the cause 15 _

PERCY FOREMAN

__, Who was se

lected and retoined by me,/no was appointed by ine court atrocrameat, to represent

me in this causc.

and Hugh

Stanton, Sr., Public Defender,

I have recelved a copy of the indictment kerore being called upos to plead,

and I have read and discussed it with my attorney, and believe and feel that I under-

stand the accusation made against me in this case and in each case listed herein. I

hereby waive the formal reading of the indictment.

I have told my attorney the facts and surrounding circunstances as known

to me concerning the matters mentioned in the indictnents, and balieve and feel that

my attorney is fully informed as to all such motters.

Ny attorney has inforned ne

at to the nature and cause of each accusation against me, end as to any and all

possible defenses I might have in this cause.

By attorrey has advised me as to the punishent provided by law for the

rifenses charged and embraced in the Indictrent agsinst me.

It attorney has further

aavised that punishment which the law provides for the crine with which I aa charged

In the indictment 1s as follows:

death by electrocution or confinement in the State Penitentiary for

life or for some period of time over twenty (20) years

and 1f accepted by the Court and Jury my sentence on a plea of guilty will be:

continencht in the state Penitentiary for ninety-nine years (99).

it has been fully explained to me and I understand that I may, 1f I so choose,

plead "ot Guilty" to any offense charged against me, and that if I choose to plesà "dot

ultr" the Corstitution gusrantees and this Court wili provide me the right to a speedi

and public trial by jury; the right to see and hear all witnesses against ne; the right

o use the power ond process of the Court to compell the production of any evidence,

including the sttendance of any witness, in my favor; and the right to have the assis-

¡ance of counsel in sy defense at all stages of the proceedings.

In the exercise of my own free will and choice and without any threats or

tiressure of any kind

or promises of gain or favor fron any

source whatsoever, and being

üig aware of the dotion I am taking, I do hereby in oven Court request the court to

escept ay plea oi guilty to the charzes outlined herein.

I hereby waive. any right I

may or could have to a Motion for a New Trial, and/or,

an appeal.

so Earl

Delendant

by tormen

Aing chir

1 en

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Li THC CRIMINAL COURT OF

ClaLBY COURT.

DIVISION III

TE:: 3556E

STATE OF TENESSEE

vS

JAMES EARL RAY

DEFENDANT

NO. 16645

ORDER AUTHORIZING WAIVER 0 TRIAL AND ACCEFTINS

PLEA OF GUILTY

This cause case on for hearing before the Honorable M.

PRESTON BATTLE

_Judge of Division III, of the

Criminel Court of Shelby County, Ternesses, on the petition of the

defendant, _JAMES EARL RAY ..., for waiver of trial dy jury and

request for acceptunce of a plea of guilty, seid petition being attached

hereto and incorporated by reference herein; upon statements usde in

the District Attorney General,

open Court by the defendant berein; his attorneysof record; /the Assistant

AttorneysGeneral representing the State of Tennessce; and fron questioning

by the Court of defendant and his counsel in open Court; and

II APPEARING TO THE COJRI after careful consideration that the

defendant herein has been fuily edvised and understands his right to a

trial by jury on the cerits of the indictment against him, and thot the

defendant herein does not elect to have a jury deterine bis guilt or

innocence under a plea of Not Guilty; and has waived the forzal reading

of the indictment, AND:

IT FURTHER APFZARING TO THE COURT that the defendant intelligently

and understendingly waives his right to a trial and of his on free will and

-.

chalce and without any threets of pressure of any kled or pronises, other

that the recorrendation of the State os to punishment; and does desire to

enter a plea of guilty and accept the reconnendation of the State

as to

punistant, walves his right to a lotion for a lier Trial end/or an appeal.

IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the petition

ffled herein be and the sure is hereby gronted.

Enter this the

_day of March

-, 196g.

Prenta Bruce:

JUDGE

•7

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JUDGE

JUDGE

"James Earl Ray, stand."

"Have your lawyers explained all your rights to you and do

you understand them?"

DEFENDANT

"Yes"

JUDGE

"Do you know that you have a right to a trial by jury on the

charge of Murder in the First Degree against you, the punish-

ment for Murder in the First Degree ranging from Death by

Electrocution to any time over twenty years? The burden of

proof is on the State of Tennessee to prove you guilty be-

yond a reasonable doubt and to a moral certainty and the de-

cision of the Jury must be unanimous both as to guilt and

punishment?

In the event of a jury verdict against you, you would

have the right to file a Motion for a New Irial addressed to

the trial judge? In the event of an adverse ruling against

you on your Motion for a New Trial, you would have the right

to successive appeals to the Tennessee Court of Criminal Ap-

peals and the Supreme Court of Tennessee and to file a pe-

tition for revie by the Suprene Court of the United States?

Do you understand that you have all these rights?"

DEFENDANT "Yes"

JUDGE

"You are entering a plea of Guilty to Murder in the First

Degree as charged in the Indictment and are compromising

and settling your case on agreed punishment of ninety-nine

years in the State Penitentiary. Is this what you want to

do?""

DEFENDANT

JUDGE

"Yes"

"Do you understand that you are waiving, which means "giving

up", a formal trial by your Plea of Guilty although the laws

of this State require the prosecution to present certain evi-

dence to a jury in all cases of Pleas of Guilty to Murder in

the First Degree?

fair.

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Pole fire of Defi

lant on waiver and Order

By your plea of guilty you are also waiving your rights

to (1) Motion for a New Irial; (2) Successive Appeals to.

the Tennessee Court of Criminal Appeals and the Supreme

Court of Tennessee; (3) Petition for Revier by the Supreme

Court of

the United States.

By your plea of guilty you are also abandoning and

waiving your objections and exceptions to all the Motions

and Petitions in which the Court has heretofore ruled against

you in whole or in part, among them being:

- ' 1. Motion to withdraw plea and quash indictment

2. Motion to inspect evidence

3. Motion to remove lights and cameras from jail

...

4.

Motion for private consultation with

attorney

5. Petition to authorize defendant to take depositions

6. Motion to permit conference with Huie

7. Motion to permit photographs

8. Motion to designate court reporters

9. Motion to stipulate testimony

10. Suggestion of proper name"

DEFENDANT

"Yes"

JUDGE

"Has anything besides this sentence of ninety-nine years in

the penitentiary been promised to you to get you to plead

guilty? Has anything else been promised you by anyone?"

DEFENDANT "No"

JUDGE

"Has any pressure of any kind, by anyone in any way been

used on you to get you to plead guilty?"

DEFENDANT "No"

JUDGE

"Are you pleading guilty to Murder in the First Degree in

this case because you killed Dr. Martin Luther King under

such circumstances that would make you legally guilty of

Murder in the First Degree under the law as explained to

you by your lawyers?"

DEFENDANT

"Yes"

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Page

Voir

Dire of Defendant on liver and Order

JUDGE

"Is this Plea of Guilty to Murder in the First Degree with

agreed punishment of ninety-nine years in the State Peni-

tentiary, freely, voluntarily and understandingly made and

entered by you?"

DEFENDANT "Yes"

JUDGE

DEFENDA'iT

JUDGE

"Is this plea of Guilty on your part the free act of your

free will, made with your full knowledge and understanding

of its meaning and consequences?"

"Yes"

"You may be seated."

fines and th

Percy foreman

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EXHIBIT 17

(Classified)

-200-

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EXHIBIT 18

(Classified)

-201-

DOJ-1977-02

HN 55509 DocId: 32199528

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