Killen taken by ambulance from courthouse; proceedings delayed
The Neshoba Democrat
Thursday, June 16, 2005
By DEBBIE BURT MYERS, JOSH FOREMAN and JIM PRINCE
The triple murder trial of Edgar Ray Killen was interrupted today when he was taken to a hospital by ambulance.
The 80-year-old Killen was suffering from high blood pressure and diffficultly breathing and was taken to Neshoba General Hospital at about 10 a.m., said Neshoba County Sheriff Larry A. Myers.
After Judge Marcus Gordon on Thursday denied a defense motion asking that testimony from a 1967 conspiracy trial not be allowed as part of testimony in Killen's murder trial, Killen apparently fell ill.
One of his attorneys approached the judge and the jury was dismissed before Killen was wheeled out.
After one witness tesified and another was on the stand Gordon interrupted proceedings at about 10 a.m., called attorneys into his chambers, emerged to dismiss the jury and said the trial would have a delay for "some period of time."
"We've had a major development," he said.
Later the jury was brought back in and court was recessed until 1 p.m.
Killen was in the courthouse but not in the courtroom for the testimony.
Killen's departure interrupted testimony from witness Nell Miller, wife of former Meridian police sgt. Wallace Miller.
Rita Bender, the widow of murdered civil rights worker Michael Schwerner, had just finished testifying for the prosecution.
Bender, now a Seattle attorney, recounted the time she and her late husband spent in Mississippi in 1964 registering blacks to vote.
Her late husband felt a "terrible sense of responsibility" after Mt. Zion United Methodist Church in Neshoba County was burned to the ground by the Ku Klux Klan on June 16, 1964.
Schwerner had spoken at the church on Memorial Day in his efforts to register blacks to vote and teach them to read and write.
He was very distressed about the church burning, she testified. "They had to go back and see those people," Bender said.
On Wednesday, a jury was impaneled consisting of nine whites and three blacks. The 17 picked, including five alternates, is composed of 13 whites and four blacks. The group includes 11 females and six males.
The identity of the alternates will not be known, even to the jurors, until the end of the trial.
Killen was present during the voir dire ?- or jury selection ?- process in the judge's chambers and, after returning to the courtroom, gave his family a smile and made an OK gesture with his hand.
The only potential juror struck from jury service for cause came from the state because of one of his responses on a jury questionnaire.
The question was "what do you think about the case being prosecuted 41 years after the fact?" to which the man responded "Bull, been too long a time."
According to the questionnaire, this potential juror also knew several people who testified in the 1967 federal trial and either he or a member of his family had at one time or another been in the Klan, an Associated Press reporter present in the judge's chambers said.
"If there ever was anybody who tried to get on a jury, it was this man," she quoted District Attorney Mark Duncan as saying.
Opening statements began after the jury was seated Wednesday.
Mississippi Attorney General Jim Hood told jurors they would have to rely on their memories when deliberating Killen's guilt or innocence as it was not economically feasible for the state of Mississippi to provide them with transcripts of testimony.
Hood gave a detailed narrative of the events leading up to the murders of Michael Schwerner, Andrew Goodman and James Chaney which he said were orchestrated by Killen.
He told jurors that Goodman sent a postcard to his mother the day before he was murdered to let her know he had arrived in Mississippi.
"Weather great, people are nice," Hood quoted the card as saying.
Witnesses will "speak from the grave" the Attorney General said of testimony the state plans to have read from the 1967 conspiracy trial.
On the night of the murders after the three men were jailed for speeding, Hood said Killen drove to the Long Horn Restaurant in Meridian and organized Klansmen. The group later met Killen at the courthouse and then he showed them the jail where the men were incarcerated, he said.
The state will prove that Killen planned and organized the Klansmen to commit the murders, Hood told the jurors.
Defense attorney Mitch Moran reminded the jury that the Klan was not on trial.
He said Killen has denied he was in the Klan but that it was not the issue.
For the sake of the trial, you can assume he was in the Klan, he said.
Moran said it was common knowledge that the Meridian Klan and Imperial Wizard Sam Bowers organized the murders which he described as a terrible crime.
"When you hear about it, it's awful but we're here to decide if Edgar Killen is guilty of these crimes," he said.
Moran said Killen was not present when the murders occurred and "they will have to admit that."
He said law enforcement pulled the men's car over and the Klan killed them after they were released.
Rita Schwerner Bender is expected to testify for the state on Thursday as is Carolyn Goodman, Andrew Goodman's mother.
After court adjoined, Duncan said the prosecution felt it was important that the jury realize that the three civil rights workers were real people.
"People here don't have a connection with the victims. They don't know them, they don't know their families, they don't go to church with them, work with them or go to the ballpark with them," he said.
"What we want to do is let the jury know that these are real people, with real families and real lives, with brothers and sisters, mothers and daddies who cared for them and loved them just like we do our families."
Defense Attorney James McIntyre said after court adjoined that he did not know that Killen was a member of the Klan until 1967 when testimony from the federal trial said he was.
"The Klan's not on trial today. Mr. Killen is on trial for murder," McIntyre said.
McIntyre said his strategy was to ensure that Killen gets a fair trial. He said there was no better strategy.
The defense plans to prove that Killen had nothing to do with orchestrating the crime, he said.
"He's charged with pulling the trigger ?- he wasn't there," McIntyre said.
Killen is accused in the June 21, 1964, slayings of James Chaney, 21, Michael Schwerner, 24, and Andrew Goodman, 20, in a plot reportedly hatched by the Klan. The trio was in Mississippi registering blacks to vote.
Killen has maintained his innocence and insists he was never part of the Klan.
He was indicted by a Neshoba County grand jury on Jan. 6, 2005.
His trial was first set for March 28 and later postponed to April 18 to give lawyers time to prepare a questionnaire for potential jurors and to give the defense time to examine previously undisclosed records from a tip line.
The trial was postponed until June 13 after Killen was injured in a logging accident on March 10.
He underwent surgery on his legs and is presently confined to a wheelchair, his attorneys have said.
On May 23, Gordon denied a defense motion to have the murder charges dropped on the basis of selective prosecution.
At a pre-trial hearing June 8 Gordon ruled against a defense motion seeking a continuance in the trial because of Killen's health.
But the jurdge odered that a bed and private room be provided in the courthouse for his use during breaks in proceedings.
Accused murderer Edgar Ray Killen peers downward while being rolled away from the Neshoba County Courthouse by his step-son Jerry Edwards after the second day of jury selection in Philadelphia on Tuesday. The jury selection in Killen's trial is slated to be finished this morning. Testimony could start today. with his trial beginning at 2 p.m. Killen is accused of planning the murders of three civil rights workers in Neshoba County in 1964, dramatized in the movie 'Mississippi Burning'.
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