We shall look forward to Thursday then.....
Sentencing Thursday; calm prevails
The Neshoba Democrat
Wednesday, June 22, 2005
By DEBBIE BURT MYERS
Managing Editor
As he sat without expression a few feet away from family members of the men whose murders he orchestrated, Edgar Ray Killen was convicted by a Neshoba County jury of three counts of manslaughter shortly before noon on Tuesday, four decades after one of the most infamous killings of the civil rights era.
The verdict, after five days of testimony, came exactly 41 years to the day that civil rights workers Andrew Goodman, James Chaney and Michael Schwerner were murdered as they sought to help blacks register to vote.
Killen had been charged with the June 21, 1964, murders, but the jury, made up of nine whites and three blacks, was instructed to consider manslaughter if they could not agree on murder.
Circuit Clerk Patti Duncan Lee read the three guilty verdicts aloud about 11:25 a.m., as the 12-person jury stood in a semi-circle in front of the judge's bench.
Killen, 80, did not move or show any emotion as the verdict was read but clenched his jaw. Afterwards, he looked over at the prosecution table as his family members began to weep.
Mitch Moran, one of his attorneys, told the court that the defendant "wants to poll the jury himself."
Circuit Judge Marcus D. Gordon responded that would be improper and ordered the clerk to "file the verdict" which she quickly stamped.
Killen's wife was then allowed to go up briefly and comfort her husband near the defense table, draping herself over him as he reached up with his left hand to hold her. She returned to her seat with the notebooks he had used during the trial.
There was silence in the courtroom except for the nearly inaudible whimpers as Killen and his family exited the courtroom.
Before the jury entered, the judge had sternly warned that there would be no expression of emotion and urged any who would be unable to control themselves to leave or face possible arrest.
Mississippi State Highway Patrol troopers ringed the room with other law enforcement and stood down the center aisle of the courtroom as the court convened for the reading of the verdict.
Afterwards, Rita Schwerner-Bender, the widow of Michael Schwerner, hugged her family and friends and then comforted an emotional Roscoe Jones, an African American who worked with her and her late husband in Meridian in the civil rights movement.
Killen swatted at reporters as law enforcement wheeled him to an unmarked blue police sedan, surrounded the entire time by 15 or more officers from local and state law enforcement agencies.
A throng of reporters swarmed and yelled questions.
The jury began deliberations shortly after 8:30 a.m., Tuesday and they sent out at least one note before the verdict note came out about 10:50 a.m.
As news of a possible verdict made its way around the room, family members, the media and spectators rushed back to their seats. Reporters could be seen running to the courthouse.
Killen returned to the courtroom a short time later in his wheelchair with tubes in his nose connected to a rolling oxygen tank.
Confirmed news of the verdict came from a court official about 11:10 a.m.
"I believe we have a verdict," she said.
A couple of minutes later defense attorney Moran notified the Killen family that a verdict had, in fact, been reached.
Soon law enforcement officers began taking their positions near the defendant and attorneys and at other key points in the courtroom.
Officers stood two deep between the two aisles of seating which separated Killen's and the victims' families.
All sat solemnly before the judge took the bench.
Killen's wife stared blankly ahead with her arms folded.
Rita Schwerner Bender, widow of Michael Schwerner, sat across the aisle on the same row of seats, closely between her son and husband.
Judge Gordon called the court to order at 11:17 a.m. but before bringing the jury in, he thanked the media for its conduct during the trial.
"You've acted as professionals and we've all learned an appreciation of you. I thank you so much for the way you handled yourself," Gordon said.
He reminded the media and others in the courtroom that demonstrations of emotions would not be allowed when the verdict was read.
Law enforcement has been instructed if anyone gets out of hand they may be taken into custody and could face punitive damage, Gordon said.
Jurors did not look across the courtroom or at the defendant when they came in with the verdict.
The judge polled each about their decision before the circuit clerk read it aloud. After leaving the courthouse, Mrs. Bender addressed the media. "In prosecuting this case the state of Mississippi has taken ?- to quote one man ?- one small step for mankind," Bender said.
Carolyn Goodman, mother of Andrew Goodman, said: "The important thing is that this man will be off the street. I'm against violence and I don't want anything done to him. The worse possible sentence is life behind bars where he will have plenty of time to think about what he did to these three young men, one of them my son.
District Attorney Mark Duncan thanked the families of the three slain men.
"While we can't undo what was done 41 years ago ?- at least now the state of Mississippi has done what it can do," he said.
The judge set Killen's sentencing hearing for Thursday at 10 a.m. Gordon said any motions in the case should be filed by Friday. He set a motion hearing for June 27 at 9 a.m.
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