Judge to hear Killen request for bond
Edgar Ray Killen could go free Friday if a judge rules that the former Klansman convicted in the slayings of three men is entitled to an appeal bond.
Circuit Judge Marcus Gordon will hear a defense request to grant an appeal bond to the man convicted of orchestrating the 1964 killings of civil rights workers James Chaney, Michael Schwerner and Andrew Goodman.
If Killen does go free, defense lawyer James McIntyre predicted the 81-year-old part-time Baptist preacher would never go back behind bars: "Everybody tells me he is in terrible health and will not ever see the final appeals of the case."
On the 41st anniversary of the June 21, 1964, killings, a Neshoba County jury convicted Kille
n of three counts of manslaughter, and Gordon sentenced him to 60 years in prison.
Last August, Gordon freed Killen on an appeal bond, citing his poor health. During that hearing, Killen swore he couldn't use his right hand and was permanently confined to a wheelchair.
But in the days that followed, Killen seemed to have no trouble with that right hand or with leaving his wheelchair. Deputies said they saw him filling his truck with gas and driving all over the county.
On Sept. 9, Gordon revoked Killen's appeal bond, concluding a "fraud had been committed on this court."
Defense lawyers say Killen should be freed now on bond because his health has deteriorated since his imprisonment at the Central Mississippi Correctional Facility in Rankin County.
In April, he was hospitalized for several days in the University of Mississippi Medical Center in Jackson for complications resulting from a severe leg injury the sawmill operator suffered when a tree fell on him in Ma
rch 2005.
Over the past month, Killen has undergone physical therapy at the State Penitentiary at Parchman, where a hospital also is located. He since has returned to the Central Mississippi Correctional Facility and is now able to receive therapy there.
"We've got some doctors who will testify as to what his (Killen's) medical condition is," said District Attorney Mark Duncan of Philadelphia. "Our contention is that it doesn't matter. That doesn't change the status of his bond."
If Killen receives an appeal bond, he would remain free the entire time he awaits a decision from the state Supreme Court.
At the rate the appeal is going, that could be awhile. In November, April and May, Killen's lawyers asked for more time to submit an appeal, finally filing the appeal June 5. The state now is asking for more time to respond.
Schwerner's widow, Rita Bender of Seattle, said if Killen "believes he should be released, he should have moved his appeal along speedily,
so the Supreme Court could have determined whether his appeal has the merit his lawyers claim."
McIntyre said Killen should be freed because state law allows judges to grant an appeal bond in non-murder cases.
Killen's health should be a nonissue, Bender responded. "I am sorry to hear that he is ill, just as I do not wish ill health on anyone," she said. "I am sure that the prison authorities will take appropriate measures to provide for Mr. Killen's care, as they must for other prisoners as well."
If illness were a ticket out of prison, Corrections Commissioner Chris Epps said there would be plenty of takers. Last year, Mississippi's public prisons provided medical care to 14,300 inmates at a cost of $40 million.
Health care for inmates includes everything from treating mental illness to providing dialysis, he said. "We're not Johns Hopkins or the Mayo Clinic, but we're providing medical care."
Bender said an appeal bond should be decided on
whether Killen poses a danger to the community.
"The fact that the potential of his release continues to encourage racists to believe they can get away with murder answers that question," she said. "Mr. Killen himself has never shown any remorse or repentance for his role in the killing of three innocent men."
In an interview with The Clarion-Ledger, Killen was asked what should happen to the trio's killers.
His response? "I'm not going to say they were wrong."
Bender said Killen should remain behind bars because of his involvement with "the brutalization and murders of three human beings."
The former Klansman also spent time behind bars in 1976 after making a threat over the telephone in a domestic dispute.
"If I die at 8 o'clock tonight, that son of a b---- will be dead at 9. You hear?" Killen was heard on a tape recording as saying. "I want that revenge. I like revenge."
Jeffrey Goldberg, reporter at large for The New Yorker,
said he has interviewed terrorists from Hamas, Islamic Jihad and al-Qaida but wasn't prepared for Killen pulling a shotgun on him in 2000. "When someone threatens to kill you, I interpret that to be a threat," Goldberg said.
Last September, the Nationalist Movement, a white supremacist group, had planned a "Killen Appreciation Day." But when Killen's appeal bond was revoked, he was unable to attend.
If Killen is permitted to go free this time, "It would be a victory because I don't think he'd serve another day in prison," said Richard Barrett, leader of the Nationalist Movement. "It means he would get the final word."
Asked what that word would be, Barrett replied, "They (the civil rights workers) got what they deserved." Or perhaps Killen would put it this way, he said. "They reaped what they sowed."
My prayers are with you Edgar Ray Killen.