Orders to Kill Read online

  Copyright © 1995 by Dr. William F. Pepper.

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  Library of Congress Cataloging-in-Publication Data is available on file.

  Ebook ISBN: 9781510709218

  This book and my underlying investigation are

  dedicated to:

  The Reverend Dr. Martin Luther King, Jr.

  James Earl Ray

  and

  The People of America,

  Victims All.

  Contents

  The Principal Players

  Introduction

  Glossary

  Part I: Background to the Assassination

  1. Vietnam: Spring 1966–Summer 1967

  2. Death of the New Politics: Summer 1967–Spring 1968

  3. Memphis: The Sanitation Workers’ Strike, February 1968–March 1968

  4. Enter Dr. King: March–April 3, 1968

  Part II: The Assassination

  5. The Assassination: April 4, 1968

  6. Aftermath: April 5–18, 1968

  7. Hunt, Extradition, and Plea: May 1968–March 10, 1969

  Part III: The Initial Investigation

  8. Reentry: Late 1977–October 15, 1978

  9. The Visit: October 17, 1978

  10. James Earl Ray’s Story: October 17, 1978

  11. Pieces of the Puzzle: 1978–1979

  12. Brother Jerry on the Stand: November 30, 1978

  13. The HSCA Report: January 1979

  14. Following the Footprints of Conspiracy: January–September 1979

  15. Disruption, Relocation and Continuation: 1978–1988

  16. More Leads, More Loose Ends: Spring–Summer 1989

  17. James Earl Ray’s Legal Representation Reexamined

  Part IV: The Television Trial of James Earl Ray

  18. Preparations for the Television Trial of James Earl Ray: November 1989–September 17, 1992

  19. Pretrial Investigations: September–October 1992

  20. Corroboration and New Evidence: November 1992

  21. Making A Case: December 1992

  22. The Trial Approaches: January 1993

  23. The Eve of the Trial: January 24, 1993

  24. The Trial: January 25–February 5, 1993

  25. The Verdict: February–July 1993

  Part V: The Continuing Investigation

  26. Loyd Jowers’s Involvement: August–December, 1993

  27. Breakthroughs: January–April 15, 1994

  28. Setbacks and Surprises: April 16–October 30, 1994

  29. Raul: October 31, 1994–July 5, 1995

  30. Orders to Kill

  31. Chronology

  32. Conclusion

  Appendix

  Notes

  Acknowledgments

  THE PRINCIPAL PLAYERS

  The Memphis Police Department (MPD) in 1968

  Frank C. Holloman former FBI agent and Director of Memphis Police and Fire Departments

  J. C. MacDonald Chief of police

  William O. Crumby Assistant Chief

  Sam Evans Inspector—head of all Special Services including the emergency tactical units (TACT)

  Don Smith Inspector in charge of Dr. King’s personal security in Memphis in the 1960s

  N. E. Zachary Inspector—homicide

  Eli H. Arkin operational head of the intelligence bureau

  J. C. Davis detective in the intelligence bureau

  Emmett Douglass driver of TACT 10 cruiser on afternoon of April 4, 1968

  Joe B. Hodges patrolman/dog officer

  Barry Neal Linville homicide detective

  Marrell McCollough undercover intelligence officer assigned to infiltrate the Invaders

  Ed Redditt black detective seconded to intelligence bureau

  Willie B. Richmond black intelligence bureau officer

  Jim Smith officer assigned to Special Services and detailed to intelligence; later attorney general’s investigator

  Tommy Smith homicide detective

  Jerry Williams black detective

  The Memphis Fire Department in 1968

  Carthel Weeden captain in charge of station 2

  Lt. George Loenneke second in command station 2

  William King fireman station 2

  Floyd Newsom black fireman station 2

  Norvell Wallace black fireman station 2

  The Judges

  Preston Battle, Jr. Shelby County Criminal Court trial judge in 1968

  Joe Brown, Jr. Shelby County Criminal Court trial judge in 1994–95

  The Prosecutors

  Phil Canale Shelby County District Attorney General in 1968–69

  John Pierotti Shelby County District Attorney General in 1993–95

  James Earl Ray’s Lawyers

  Arthur Hanes Sr. & Arthur (now Judge) Hanes Jr. James Earl Ray’s first lawyers

  Percy Foreman James Earl Ray’s second lawyer

  Hugh Stanton Sr. court appointed defense co-counsel with Percy Foreman in 1968–69

  James Lesar James Earl Ray’s lawyer in the early 1970s

  Jack Kershaw James Earl Ray’s lawyer in the mid 1970s

  Mark Lane James Earl Ray’s lawyer from 1977 to the early 1980s

  William F. Pepper (Author) chief counsel 1988 to present

  Wayne Chastain Memphis attorney—defense associate counsel 1993 to present; Memphis Press Scimitar reporter in 1968

  The U.S. Government

  Executive Branch in 1967–68

  Lyndon Baines Johnson President

  Robert S. McNamara Secretary of Defense

  The FBI in 1967–68

  J. Edgar Hoover The director

  Clyde Tolson associate director; close friend and heir of J. Edgar Hoover

  Cartha DeLoach assistant Director

  William C. Sullivan assistant director in charge of Domestic Intelligence Division and expansion of COINTELPRO (Counter-Intelligence Program) operations

  Patrick D. Putnam special agent seconded to U.S. army Assistant Chief of Staff for Intelligence

  Robert G. Jensen special agent in charge (SAC) Memphis field office

  William Lawrence special agent in charge of intelligence for the Memphis field office

  Joe Hester Memphis field office special agent in charge of coordinating the Memphis area investigation

  Al Sentinella FBI special agent in the Atlanta field office who controlled SCLC informant James Harrison in 1967–68

  Arthur Murtagh FBI agent assigned to the Atlanta field office in 1967–68

  The CIA in 1967–68

  Richard M. Helms Director

  U.S. Army in 1967–68

  OFFICE OF CHIEF OF STAFF

  Gen. Harold Johnson Chief of Staff

  ARMY INTELLIGENCE

  Brigadier General William H. Blakefield Commanding officer United States Army Intelligence Command

  Major General William P. Yarborough Assistant Chief of Staff for Intelligence (“ACSI”)


  Gardner (pseudonym) key aide of 902nd Military Intelligence Group

  Col. F. E. van Tassell Commanding Officer, ACSI office security and Counter-Intelligence Analysis Board (“CIAB”)

  Gardner’s aide (pseudonym) Gardner’s aide—his number two

  Herbert (pseudonym) staff officer ACSI’s office, Pentagon

  Col. Robert McBride Commanding officer 111th Military Intelligence Group, Ft. McPherson, Georgia

  20TH SPECIAL FORCES GROUP (20TH SFG) IN 1967–68, HEADQUARTERS, BIRMINGHAM, ALABAMA

  Col. Henry H. Cobb, Jr. Commanding Officer

  Major Bert E. Wride second in command

  Capt. Billy Eidson (dec.) Alabama contingent

  Second Lt. Robert Worley (dec.) Mississippi contingent

  Staff Sgt. Murphy (pseudonym) Alabama contingent

  Staff Sgt. Warren (pseudonym) Alabama contingent

  Buck Sgt. J.D. Hill (dec.) Mississippi contingent

  PSYCHOLOGICAL OPERATIONS (PSY OPS”)

  Reynolds (pseudonym) photographic surveillance officer

  Norton (pseudonym) photographic surveillance officer

  The House Select Committee on Assassinations (HSCA)

  Louis Stokes Chairman of the HSCA

  Richard Sprague former Pennsylvania prosecutor and first HSCA chief counsel in 1976

  Robert Blakey chief counsel of the HSCA 1977–79

  Walter Fauntroy Chairman sub-committee on the Assassination of Martin Luther King, Jr. in 1976–79

  Southern Christian Leadership Conference (SCLC) Officials in 1967–68 Who Were Witnesses To Significant Events Or On The Scene

  Rev. Dr. Martin Luther King, Jr. president

  Rev. Dr. Ralph D. Abernathy vice president/treasurer

  Rev. Andrew Young executive vice president

  Rev. Hosea Williams chief field organizer

  Rev. James Orange field organizer

  Rev. James Lawson Memphis representative who invited Dr. King to Memphis

  The Invaders in 1967–68

  Charles Cabbage

  Dr. Coby Smith

  “Big” John Smith

  Charles “Izzy” Harrington

  Calvin Taylor

  Other Significant Figures

  Lavada (Whitlock) Addison owner of a restaurant frequented by Frank C. Liberto in 1978

  Willie Akins friend of Loyd Jowers

  Amaro (“Armando”) —— cousin of Raul ——

  Walter Bailey owner/manager of the Lorraine Motel in 1968

  Clifton Baird Louisville, Kentucky police officer in 1965

  Arthur Baldwin Memphis topless club owner in the 1970s

  Myron Billet occasional driver for Chicago mob leader Sam Giancana in the 1960s

  Kay Black reporter for the Memphis Press Scimitar in 1968

  Ray Blanton Governor of Tennessee in 1976 when Ray escaped from prison

  Earl Caldwell New York Times reporter at the Lorraine Motel on April 4, 1968

  Carson (pseudonym) associate/friend of Sgt. J. D. Hill of 20th SFG

  Sid Carthew British merchant seaman who visited the Neptune tavern in Montreal in 1967

  Cheryl (pseudonym) acquaintance/associate of Amaro —— and his cousin Raul —— from 1962–1979

  Joe “Zip” Chimento Marcello New Orleans associate and coordinator of Marcello weapons trading and gunrunning in 1967–68

  Chuck (pseudonym) six year old boy in 1968, alledgedly sitting in parked car on Mulberry Street at the time of the shooting

  Morris Davis FBI/DEA informant in 1968 and HSCA informant/researcher in 1977–78

  Daniel Ellsberg former defense department specialist who released the Pentagon Papers

  Hickman Ewing, Jr. former U.S. attorney and chief prosecuting counsel for the television trial of James Earl Ray

  April Ferguson associate of Mark Lane in 1978 and defense co-counsel for the television trial of James Earl Ray

  Marvin E. Frankel former U.S. federal District Court judge and judge for the television trial of James Earl Ray

  Eric S. Galt employee in 1967–68 at Union Carbide Corporation’s Toronto operation with U.S. government Top Secret security clearance; the identity used by James Earl Ray in 1967–68

  Lewis Garrison Memphis attorney for Loyd Jowers

  Memphis Godfather Carlos Marcello’s principal associate in Memphis

  James Harrison SCLC controller in 1967–68 and paid FBI informant

  Ray Alvis Hendrix eyewitness who left Jim’s Grill ten to fifteen minutes before the shooting on April 4, 1968

  Kenneth Herman Memphis private investigator

  O. D. Hester “Slim” friend of Ezell Smith

  Frank Holt trucker’s helper employed by M. E. Carter in 1968

  Charles Hurley Memphis resident who picked up his wife in front of the rooming house on the afternoon of April 4, 1968

  Solomon Jones Dr. King’s driver in Memphis in 1968

  Loyd Jowers owner of Jim’s Grill on South Main Street in Memphis in 1968

  Jim Kellum Memphis private investigator for the defense

  (William) Tim Kirk inmate at Shelby County Jail 1978, and at Riverbend Maximum Security Prison in 1992–present

  Reverend Samuel “Billy” Kyles Memphis minister

  James Latch Vice president of Memphis LL&L Produce Company and partner of Liberto in 1968

  Frank Camille Liberto President of LL&L Produce Company in Memphis in 1968

  Phillip Manuel investigator for the Permanent Sub-Committee on Investigations of the United States Senate in 1968

  Carlos Marcello New Orleans, mafia leader in 1967–68

  John W. (“Bill”) McAfee Memphis photographer covering Dr. King on assignment from network television on April 4, 1968

  James McCraw Yellow Cab driver in 1968, driving on the evening of April 4

  John McFerren Somerville, Tennessee businessman and civil rights leader in 1968

  Sheriff Bill Morris Shelby County Sheriff in 1967–68

  Red Nix Marcello organization contract killer

  Oliver Patterson FBI and HSCA informant in 1977–78

  Paul _____ Yellow Cab driver in 1968, driving on the evening of April 4

  Raul —— shadowy figure whom James Earl Ray met in the Neptune Bar in Montreal in July 1967

  James Earl Ray the alleged assassin of Dr. Martin Luther King, Jr. who has as of March 10, 1995 been in prison for 26 years

  Jerry Ray youngest brother of James Earl Ray

  John Ray younger brother of James Earl Ray

  William Zenie Reed eyewitness who left Jim’s Grill ten to fifteen minutes before the shooting on April 4, 1968

  Randy Rosenson man whose name was on a business card found by James Earl Ray in the Mustang in 1967

  Jack Saltman Thames Television producer of the Trial of James Earl Ray in 1993

  William Sartor Time magazine stringer and investigative reporter, died mysteriously in 1971

  Bobbi Smith waitress at Jim’s Grill in 1967–68

  Ezell Smith employee at a Liberto family business in Memphis in 1968

  Betty Spates mistress of Loyd Jowers in 1967–68 and waitress at Jim’s Grill

  Dr. Benjamin Spock pediatrician, author, political activist and potential vice president candidate on a proposed King-Spock ticket in 1968

  Gene Stanley former U.S. Attorney and Knoxville lawyer for Randy Rosenson in the 1970s

  Charles Quitman Stephens 422½ South Main Street rooming house tenant in room 6-B and State’s chief witness against James Earl Ray in 1968

  Maynard Stiles deputy director of the Memphis Public Works department in 1968

  Alexander Taylor senior Florida intelligence officer in 1968

  Steve Tompkins Memphis Commercial Appeal reporter in 1993

  Ross Vallone Houston associate of Carlos Marcello in 1967–68

  Louie Ward Yellow Cab driver in 1968, driving on the evening of April 4

  Nathan Whitlock son of Lavada (Whitlock) Addison who met Frank C. Liberto in 1978 in his
mother’s restaurant

  John Willard alias used by James Earl Ray for renting a room at 422½ South Main Street on April 4, 1968

  Glenn Wright prosecution co-counsel in the television trial of James Earl Ray

  Walter Alfred “Jack” Youngblood U.S. army Vietnam Special Operations Group operative, pilot, intelligence agent and mercenary

  Introduction

  LIKE MOST PEOPLE, I accepted the official story about how Dr. Martin Luther King, Jr., was murdered. I believe this was the result of my naiveté or perhaps the desire to put the loss of a friend behind me. In any case, when Dr. Benjamin Spock, the pediatrician and antiwar activist, and I traveled to Memphis for the memorial march on April 8, 1968, four days after the assassination, so far as I was concerned it was in the hands of the police.

  In the following years, I heard about inconsistencies in the state’s case and rumors of a conspiracy in which James Earl Ray was framed for Dr. King’s murder. Then in 1977–1978, at the Rev. Ralph Abernathy’s request I prepared for and then conducted a five-hour interview of James Earl Ray. Since that time, the mystery of Dr. King’s assassination has dominated much of my life. In no small measure I suppose this is because of the responsibility I feel for having initially prompted him to oppose the Vietnam War—for that stand was a major factor contributing to his death.

  The intervening years have only strengthened my belief that Dr. King’s assassination constituted the greatest loss suffered by the republic this century. To understand his death it is essential to realize that though he is popularly depicted and perceived as a civil rights leader, he was much more. A nonviolent revolutionary, he personified the most powerful force for long overdue social, political, and economic reconstruction of the nation.

  Those in charge of the United States intelligence, military, and law enforcement machinery understood King’s true significance. They perceived his active opposition to the war and his organizing of the poor as grave disruptions to the stability of a society already rife with unrest, and took the position that he was under communist control.

  The last year of his life was one of the most turbulent in the history of the nation. Much of the civil unrest took the form of nationwide urban riots and was clearly the result of racial tensions, frustrations and anger at oppressive living conditions and the endemic hopelessness of inner-city life. However, one cannot consider these explosions without taking into account the pervasive presence of the war, its legitimization of violence, and its overall impact on the neighborhoods of the nation.