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The Mississippi Burning Trial

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From left: Andrew Goodman, James Chaney and Michael Schwerner
The killings of three civil rights activists, Andrew Goodman, James Chaney and Michael Schwerner during the summer of 1964 drew national attention to Neshoba County, Mississippi. Goodman, Chaney and Schwerner had traveled to Mississippi to investigate the burning of Mount Zion Church and the beatings of several members of its congregation. The three men quickly learned that the attacks were carried out by the Ku Klux Klan and that they themselves had been targeted by the group in retaliation for their investigation and past civil rights activities. Many of the local police were also KKK members, and the activists were arrested for “speeding” after leaving Mount Zion. While they were held in prison, Edgar Ray Killen, the Kleagle (leader) of the local Klan organization and a Baptist preacher, organized a group of men, whom he drove past the Neshoba County Prison and to whom he provided details of the men’s planned release. Goodman, Chaney and Schwerner were kidnapped and killed shortly after they left the prison.

The FBI established their first office in Mississippi and launched an investigation that was not immediately successful. White residents of the surrounding area were notoriously unwilling to help the investigation. Several months passed before the bodies of the three men were found buried in a dam, a discovery that was only made possible after $30,000 was offered as a reward for useful information. The FBI ultimately required the aid of Klan members acting as informants willing to testify against their former brethren. In October 1967, the United States brought charges against Cecil Price and seventeen other Klansmen.

This trial, later dramatized in the film Mississippi Burning (1988), marked a significant milestone in civil rights prosecutions. Previous indictments against the Klansmen had been thrown out, and the case of the United States v. Cecil Price et al only proceeded after a Supreme Court intervention that reinstated the original indictments. After a day and a half of deliberations, an all-white jury convicted seven of the defendants of conspiring to violate Schwerner, Goodman and Chaney’s civil rights. The jury also acquitted eight defendants but failed to reach a verdict on the remaining three men, one of whom was Edgar Ray Killen. The convicted men received varying jail terms, which ranged from four to ten years.

For the next forty years, Edgar Ray Killen lived in Philadelphia, Mississippi. For decades, civil rights advocates called for renewed investigation of the murders of Schwerner, Goodman and Chaney. Although the state sought to prosecute all the surviving members of the original group of eighteen Klansmen, only Killen was indicted. In January 2005, he was formally charged with the activists’ murder. On June 23rd, a jury found him guilty on three counts of manslaughter, arguing that there was insufficient evidence to prove beyond a reasonable doubt that Killen had intended that the group of men that he coordinated kill the activists. Killen, now 79 years old, was sentenced to three consecutive twenty-year terms in jail. His conviction, along with the recent reopening of the investigation into the murder of Emmett Till, demonstrates that considerable interest remains in investigating and resolving the deaths of many from the Civil Rights era.

Additional Resources
Film: "Mississippi Burning" (1988)
Drama. 2 hrs. 5 min. Directed by Alan Parker
A fictionalized account of one of the landmarks in the civil-rights movement, Mississippi Burning is a swift and powerful film. Director Alan Parker, continuing his investigation of human cruelty, crafts a historically poignant film that fingers the monstrosities of a virulent strain of racial intolerance in America. Dafoe and Hackman are convincing as they investigate the disappearance of the civil-rights workers and unravel the grisly web of obfuscation around a scandalous, cancerous truth very near the heart of a nation. Winner of numerous awards (3 British Academy Awards, 4 National Board of Review) and nominations (Directors Guild of America, 7 Oscars, 4 Golden Globe, 2 New York Film Critics Circle), Peter Biziou won the Oscar in the category of Best Cinematography and Hackman won the Silver Bear for Best Actor in the Berlin International Film Festival 1989.
Website:The Mississippi Burning Trial
http://www.law.umkc.edu/faculty/projects/ftrials/price&bowers/price&bowers.htm
Provides a thorough background to the killings and subsequent trials and also includes excerpts from the transcript of the 1967 trial. Other information, including excerpts from print coverage of the investigation and trial is also provided.
Editorial: Cunningham, David. “All the Klan’s Men.” Boston Globe 26 June 2005 D2+**
An editorial that clearly states the significance of Killen’s conviction but also argues the need to better understand the socio-economic circumstances that fostered the growth of the Klan in the 1960s American South.
**Available online via LexisNexis

Article: Hananel, Sam. “New Justice Unit Sought.”
The Washington Post 29 June 2005.

http://www.washingtonpost.com/wp-dyn/content/article/2005/06/29/AR2005062902480.html
Briefly discusses the attempts of two senators to form a new Justice Department Unit to focus on unsolved murders motivated by racial hatred before 1970.

Article: Ricchiardi, Sherry. “Out of the Past.” American Journalism Review. 27.2 (April 1, 2005): 47-53*
Details efforts of Jerry Mitchell, a Jackson, Mississippi-based journalist, to investigate and report on civil rights abuses. Documents his role in bringing attention to evidence used to indict Killen and others.
*Available online via Research Port
Headlines: Former Klansman found guilty of manslaughter.Conviction coincides with 41st anniversary of civil rights killings
CNN, June 21 2005
http://www.cnn.com/2005/LAW/06/21/mississippi.killings/

BBCNews - On this day August 4, 1964: "Three civil rights activists found dead"
http://news.bbc.co.uk/onthisday/hi/dates/stories/august/4/newsid_2962000/2962638.stm
Another page from the BBC newsroom

[Last updated on August 22, 2005 ]