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1545 THE CIRCUIT COURT OF SHELBY COUNTY, TENNESSEE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS _____________________________________________
CORETTA SCOTT KING, MARTIN LUTHER KING, III, BERNICE KING, DEXTER SCOTT KING and YOLANDA KING,
Plaintiffs,
Vs. Case No. 97242-4 T.D.
LOYD JOWERS and OTHER UNKNOWN CO-CONSPIRATORS,
Defendants. _____________________________________________
PROCEEDINGS December 2, 1999
VOLUME XI _____________________________________________
Before the Honorable James E. Swearengen, Division 4, Judge presiding. ______________________________________________
DANIEL, DILLINGER, DOMINSKI, RICHBERGER & WEATHERFORD COURT REPORTERS 22nd Floor, One Commerce Square Memphis, Tennessee 38103 (901) 529-1999
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1546
- APPEARANCES -
For the Plaintiffs:
MR. WILLIAM PEPPER Attorney at Law 575 Madison Avenue, Suite 1006 New York, New York 10022 (212) 605-0515
For the Defendant:
MR. LEWIS K. GARRISON, Sr. Attorney at Law 100 North Main Street, Suite 1025 Memphis, Tennessee 38103 (901) 527-6445
Reported by:
MS. MARGIE J. ROUTHEAUX Registered Professional Reporter Daniel, Dillinger, Dominski, Richberger & Weatherford 2200 One Commerce Square Memphis, Tennessee 38103
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1547
- INDEX -
WITNESS: PAGE NUMBER
REV. SMAUEL B. KYLES
Direct Examination By Mr. Garrison --------------- 1551
Cross-Examination By Mr. Pepper ----------------- 1577
Redirect Examination By Mr. Garrison --------------- 1598
FRANK W. YOUNG
Direct Examination By Mr. Garrison --------------- 1599
Cross-Examination By Mr. Pepper ----------------- 1613
ELI ARKIN
Direct Examination By Mr. Garrison --------------- 1621
Cross-Examination By Mr. Pepper ----------------- 1635
REBECCA A. CLARK
Direct Examination By Mr. Garrison --------------- 1641
Cross-Examination By Mr. Pepper ----------------- 1649
JOHN DOE (By Video)
Direct Examination By Mr. Garrison --------------- 1676
EXHIBITS
34 --------------- 1596 35 --------------- 1601
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1548
P R O C E E D I N G S
THE COURT: Mr. Garrison and
Mr. Pepper, I'd like to see you.
MR. GARRISON: Sir?
THE COURT: Come up here.
(A bench conference was held at
sidebar outside the hearing of the jury.)
THE COURT: Bring the jury out.
THE SHERIFF: Yes, sir.
(Jury In 10:25 a.m.)
THE COURT: Good morning, Ladies
and Gentlemen. Before we get started, the
Court has another matter that it has to deal
with. Mr. Campbell, would you come around,
please, sir.
THE COURT: Mr. Campbell, my
deputy had these pictures processed, and it
appears that you did take pictures of the
jurors in violation of the Court's order.
MR. CAMPBELL: I did not realize
that. It wasn't on purpose, Judge. I tried
to get Mr. King, and I guess I got everybody
from the angle I had.
THE COURT: Well, I'm hoping it
was inadvertance rather than deliberate.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1549
And, of course, I'm going to reflect that in
my judgment. But I do find that you're
violating of the order was an act of
contempt, and I'm going to impose on you a
fine in the amount of $25 which would cover
the cost of the rapid development of this
film and the cost that my deputy had to incur
in gas and time for having them developed.
MR. CAMPBELL: I understand.
I'm surprised they came out very good -- good
at all.
THE COURT: All right. You can
settle up with the deputy.
MR. CAMPBELL: Okay. I'll have
to do it later. I ran down here with no
money at all. So I'll catch you --
THE COURT: Well, we sure would
hate to have to put some handcuffs on you.
MR. CAMPBELL: Don't do that.
Don't do that. I can get it. I just got to
get to the bank. When we have a break, I'll
go out and bring it back.
THE COURT: All right. You will
do it before 12 o'clock.
MR. CAMPBELL: Yes, sir. I
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1550
would like to stay for this and --
THE COURT: Well, if you
consider that more important than taking care
of this --
MR. CAMPBELL: Dr. King is more
important to me.
THE COURT: You can do it like
you want to. But at 12 o'clock it's either
paid or I'll send you --
MR. CAMPBELL: I'm going to sit
here for a while, and then I'll go out.
THE COURT: I'm not going to
advise you on it.
MR. CAMPBELL: I got you,
Judge. Thank you.
THE COURT: Mr. Garrison, are
you ready to proceed?
MR. GARRISON: Yes, Your Honor.
THE COURT: All right, you may.
MR. GARRISON: Call Reverend
Kyles.
REV. SAMUEL B. KYLES,
Having been first duly sworn, was examined
and testified as follows:
THE WITNESS: Your Honor, may I
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1551
just have -- reflect for the record that I
was subpoenaed to come, not of my own free
will.
THE COURT: All right, sir. Let
the record reflect that Reverend Kyles is
here under subpoena.
DIRECT EXAMINATION
BY MR. GARRISON:
Q. Good morning, Reverend Kyles.
A. Good morning.
Q. Let me ask you, sir, if you will tell
us your full name.
A. Samuel Billy Kyles.
Q. All right. And, Reverend Kyles,
you've been around Memphis a long time,
haven't you?
A. 40 years.
Q. And what presently do -- what do you
do presently?
A. Pastor, Monumental Baptist Church.
Q. All right, sir. And how long have
you been a pastor of that church?
A. 40 years.
Q. All right. You were here, Reverend
Kyles, during the Sanitation Strike; were
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1552
you, sir?
A. I was.
Q. All right. And did you have the
occasion during the Sanitation Strike back in
1968 to have some conversation or association
with Dr. Martin Luther King, Jr.?
A. I did.
Q. Tell us, Reverend Kyles, during that
time when you first recall having any
conversation with Dr. Martin Luther King.
A. The garbage workers had been on
strike, I think in February. And I was in
Miami, Florida, with a group of ministers
from around the nation. Dr. King had called
a group of us down there. And I got the word
that the garbage workers had gone on strike.
And I said, just rather offhandedly, you may
have to come to Memphis to help us out on the
strike. I had no idea it would go that
long.
And, of course, when the strike
picked up momentum, we called and -- "we"
being a group called Community On The Move
For Equality -- called Dr. King about coming
to Memphis to make a speech for us. This was
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1553
in March.
Q. Of 1968?
A. Of 1968, yes, sir. And the staff
says, well, he doesn't have time to come.
We're behind schedule on the Poor People's
Campaign. But he overruled the staff and
came because he thought that the garbage
strike was so important and was very akin to
what he was doing with the Poor People's
campaign. So that was our beginning
conversation about the strike.
Q. Let me ask you something. Back
before -- before March of 1968 had you -- had
you had some association with Dr. King? Had
the two of you been together in revivals or
preaching or anything like that?
A. We were pastors together, and we were
in the same convention. He was president of
the Congress -- or one of the vice presidents
of the Congress. But the meeting I mentioned
in Miami was a meeting that SCLC had called
of ministers of urban communities to see what
we could do about the violence and other
things happening in the community.
Q. All right, sir.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1554
A. So we had a relationship before his
coming to Memphis.
Q. All right, sir. Now, when Dr. King
first came to Memphis -- that was in March of
'68; am I correct, sir? The first time --
during the first march that they had.
A. Yes, for a speech.
Q. And were you in his presence some
during the time when he first came here?
A. I'm sorry.
Q. Were you in his presence some of the
time --
A. Yes.
Q. -- when he first came here?
A. Yes. Each time he came I was
involved.
Q. Let me ask you, Reverend Kyles, did
you have any conversation or any meeting with
Dr. King before the first march that was held
here in Memphis?
A. Yes. That's -- he came to make the
speech -- not the Mountain Top Speech, but he
made another speech when he finally came.
That -- don't hold me to dates, I just can't
remember.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1555
Q. That's fine.
A. But I'm fairly certain it was March.
Q. All right, sir. Let me ask you, when
the march was held, there was some, I guess,
violence you call it. Were you present at
that time with Dr. King?
A. Yes, sir, I was.
Q. You were in the march?
A. I was, yes.
Q. All right. Now, when he left Memphis
to go back to Atlanta -- at that point did
you have any conversation with him about
coming back to Memphis?
A. Yes. During the march break-up, the
police had been just so vicious and so
violent. There were a number of young guys
who really started breaking out windows
during the march. And rather than isolate
them, the police just waded into the crowd
and started beating anybody just randomly. I
was not at the front of the march because I
was trying to give some direction in the
back.
And I could hear on the police radio
the officers -- I heard this -- this sound.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1556
I didn't even make it to Beale Street. I was
still on the street leading up to the
church. And I heard this noise. And I could
hear a sound, and I could hear the police
saying: Permission to break up the
march. Permission to break up the march.
The Negroes are rioting. The Negroes are
rioting.
And finally the permission was
granted. And he said, permission granted.
I'm listening to this on a police radio. And
then this wave of people started coming back
to the church. They started spraying tear
gas and just beating people randomly. My
six-year old daughter was sprayed in the eyes
with mace by some big burly policeman.
But they were quite vicious. And we
were concerned for Dr. King's safety. So we
flagged a car down. I wasn't an eye witness
to this, but this is how I'm told it
happened. They flagged a car down and went
to -- took him to the nearest motel -- hotel,
which was the Rivermont Hotel. After things
had calmed down, I finally went by the
hotel. He was lying on the bed fully dressed
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1557
and was very depressed.
Q. Is that the Rivermont Hotel?
A. Yes, the Rivermont Hotel.
Q. Yes, sir, go ahead.
A. He was very depressed. And he said,
Billy, what happened? I said, I don't know.
I don't know. He said, well, we have got to
have a peaceful march in Memphis. If we
don't have a peaceful march in Memphis, we
can't go to Washington. The Washington march
was not going to be a march. It was really a
campaign for poor people. He had -- he had
gathered poor people from the African-
American community, from Native Americans,
Appalachian, whites.
And it was not a case of going to
Washington making speeches and leaving, but
we were going to build tents and live in
Washington until this nation did something
about its poor. So he said, if we don't have
a peaceful march in Memphis, we can't go to
Washington. And so we determined that -- he
determined that he would come back.
That's how all the staff happened to
have been in Memphis at the time of the
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1558
assassination because he sent the staff in to
workshop Memphis so we could have a peaceful
march.
Q. All right, sir. Now, when he came
back to Memphis, which was what, April the
3rd --
A. Yes.
Q. -- '68? Did -- were you present
when he arrived in Memphis?
A. No. I did not go -- I was -- I was
not at the airport. I was at the church. He
came from the airport to the church and had a
press conference there at Centenary United
Methodist Church where Jim Lawson was pastor.
Q. And I believe that plans were made at
some point that he and Reverend Abernathy and
some others would dine in your home that
afternoon; am I correct, sir?
A. No, that was -- not -- not that day.
The 3rd they had dinner at another place --
at another home. Usually when you're on the
road like that and you -- you're eating hotel
food all the time, it's kind of expected that
somebody locally would have a home-cooked
meal. And so someone else had it the 3rd.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1559
Q. On the 3rd. It was your home on the
4th.
A. The 4th, yes.
Q. All right. I've got my dates wrong.
So you were on the 4th. During the date now
of the 4th of April, 1968, would you tell us
what happened that day as best you recall,
what transpired between you and what you saw
Dr. King --
A. Yes. Dinner was to be served at my
home at six o'clock.
Q. 6 p.m.?
A. Yes.
Q. And what time did you first talk to
him that day or see him that day?
A. It was earlier that day. I think we
had a minister's meeting at one of the
churches, and then he went back to the
hotel -- to the motel -- the Lorraine Motel.
He went back there to conduct some meetings.
One of the things that he was really
concerned about -- and I think the last staff
meeting that he had, he got a recommitment to
non-violence from his staff.
He said, this is a non-violent
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1560
movement. And even if you don't embrace
non-violence as a philosophy, you have to
embrace it as a tactic because we're
non-violent. Now, anybody that really can't
embrace non-violence cannot be in this
movement. He was very, very clear on that.
And he was meeting during the day
with several groups including his own staff.
I went over to the motel about 4 o'clock. I
told he and Ralph that dinner was at 5
because we were already running so late.
When I got to the room, knocked on the door,
and they let me in. And I said, okay, it's
almost 5 o'clock. And they said, oh, no, we
called the house, dinner is not until 6, and
we're not in a hurry. And that gave me that
wonderful privilege of spending the last
hour, he and Abernathy and myself, in Room
306 waiting for the 5 o'clock hour -- or the
6 o'clock hour.
Q. Now, I know I've seen you talk about
this. You said you talked preacher talk
while you were there, is that --
A. Well, the night before -- the
Mountain Top Speech was so unusual, so
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1561
different than what we had heard. The
reporters were very curious as to what mood
he was in the next day and how -- had he come
off that. The Mountain Top Speech almost
didn't take place because there were thunder
storm warnings that night, and it was
thundering and lightning and raining.
And he thought there would not be
many people at the temple. So he told
Abernathy, Jesse Jackson and myself and
others to go over and have the meeting. He
would stay at the hotel and work on the Poor
People's campaign.
Well, when we got there, there
were -- the place was nearly full -- more
than half filled. And even though it was
raining and thundering and lightning, people
came. And so when Abernathy walked in and I
walked in and Jesse Jackson walked in, the
people started clapping. And Abernathy's
preacher sense told him -- he said, these
people are not clapping for us, they think
Martin is behind us. Show me a phone, let me
go call Martin. So he went and called him.
He said, man, you need to get over
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1562
here. These people have come to hear you.
And we're not -- I'm not making a speech
tonight. And so he said, if you think I need
to come, I'll come. We almost missed his
Mountain Top Speech. But he did come and --
and that night he dwelt on death more than I
had ever heard him.
He talked about the time that he was
stabbed in New York City. A woman came up to
him and said, are you Dr. King? He said
yes. And she stabbed him in the chest with a
letter opener. And he said of all the --
he's telling this at the meeting.
He said of all the greetings I got,
the most telling came from a young girl who
wrote: Dear Dr. King, I read about your
misfortune. And the paper said that the
blade was so close to your aorta that if you
had sneezed, you would have drowned in your
own blood. And she put at the bottom: I'm
glad you didn't sneeze.
And he picked up on that and did a
whole litany on I'm glad I didn't sneeze. If
I had sneezed I would have missed the march,
I would have -- he just listed all of the
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1563
things he would have missed. And by that
time we were on our feet, we were crying, and
there was such passion and pathos in his
voice. I mean, we just -- we didn't know
what to do.
And he just said, I'm not fearing
any man. I may not get to the Promise Land
with you, but you -- we as a people will get
to the Promise Land. And I thought about
that. And I'm so certain that he knew he
wouldn't get there, but we couldn't stand to
hear him say, I won't get there. So he said,
I may not. He softened it for us. I may not
get there with you. And it was such a
powerful presentation.
And so the press was very curious as
to what mood he was in after that. But after
that, the next day, he was all right. I
mean, he was back doing what he needed to
do.
Q. Let me ask you this. At that point
had you been aware of threats against
Dr. King? Had you heard about it or had any
first-hand knowledge?
A. That was always the case. There were
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1564
always threats. There were always threats.
Q. How were these threats communicated,
through telephone calls, or how did they come
about?
A. I'm sure many of them were phone
calls. Some of them were written. But he --
he would say that he's not going to -- he's
not going to live in that fear. He just
wouldn't let that -- and I think part of what
that speech was about at Mason Temple was
preaching through the fear of death. He
preached it out of him. He just got it out
of him. He said, I'm just not fearing any
man. I'm not worried about anything.
And I'm not sure he knew that it was
as imminent as it was. But he -- he just
preached through it. And then -- and lived
with -- with that fear.
Q. Now tell us, Reverend Kyles, on the
day of the assassination what happened
there. Walk us through that if you can.
A. When I went to -- to get them at the
motel and told them it was time to go and
they said, no, no, no, we got another hour.
So in the room, Abernathy had washed one of
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1565
those drip-dry shirts, and he couldn't button
it. So he took it off. And he said, Ralph,
you mean you're not going to wear that --
that shirt, and I washed it? He said, I
can't button it.
So he took it off. And he was
speaking very kindly about his father and
mother. Three preachers in the room really
talking. Ralph needed an Evangelist to
preach a revival in Atlanta. And Martin
said, why don't you get Kyles? And when I
was told -- I said, what date is it? And
they gave me the date. I said, well, I will
be in Columbus, Georgia, preaching for Fred
Lofton, who is now pastor here of
Metropolitan. He was in Columbus.
Martin said, wait a minute. Anybody
with good sense would rather spend a week
preaching in Atlanta than Columbus, Georgia.
So I said, does that mean I don't have good
sense? He said, I didn't say that. Hear
what I said. Anybody with good sense would
rather spend a week preaching in Atlanta.
And it was very light. And I'm so glad it
was. It was light conversation.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1566
He talked about what we were having
for dinner. And we had recently purchased a
new home. And he said, now, if we go there
and you bought a home and can't buy furniture
and -- like a friend in Atlanta. A preacher
bought a house, I won't call his name, but we
had to eat on a card table, and the kool-aid
was hot and the ham was cold. He said, if
that happens at your house, I'm going to
spread it on you. So he was in a very light
mood.
And we did that until about quarter
to six and we walked on the balcony. He
stepped on the balcony. And he was greeting
people he had not seen. And he saw Jesse and
he told Jesse -- Jesse Jackson -- you're not
dressed for dinner. He didn't have a suit on
or something. Jesse said, I didn't know a
shirt and tie was a prerequisite, I thought
an appetite was and I have that.
And he spoke to Chauncy Eskridge and
his -- his lawyer from Chicago, and we stood
together on the balcony. And someone said,
it's going to be cold tonight. Abernathy was
still in the room putting on shaving lotion.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1567
And Martin went back to the door. He didn't
go in the room. He said, Ralph, get my
coat. And he came back to the balcony and
was greeting people again.
Jesse said, this is Ben Branch who
is a musician from Chicago who grew up in
Memphis. And Jesse Jackson was having a
conversation with Martin and Ben Branch.
Martin and I stood together greeting. I
said, come on, guys, let's go. I got about
five steps and the shot rang out. I looked
back, and I saw him lying on the balcony.
One of his feet was hanging through
the railing. There was a tremendous hole in
his face. There was a bigger wound under his
shirt that we couldn't see, and there was
blood everywhere.
And I ran in the room, picked up the
phone to call an ambulance. The phone is
operator assisted. The operator had left the
switch board. She was out in the courtyard.
And when she saw that Dr. King had been shot,
she had a heart attack. And she died the
next day. She was the motel owner's wife.
And then I ran back out. The police
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1568
were coming with their guns drawn. And I
hollered to them: Call an ambulance on your
police radio. Dr. King has been shot. And
they said: Where did the shot come from?
And the picture you see of people pointing is
in response to them saying "where did the
shot come from?"
Q. Where were you at this point? Were
you up on the balcony?
A. I was still up on the balcony running
between the room and the balcony. When the
police got there, they secured the balcony.
Some people had come up, but they wouldn't
let others come up. And then we finally got
someone on the switchboard. They did call
the ambulance. I took the spread from one of
the beds in the room and covered him from his
neck down. Someone put a towel to his face.
And there was just -- just -- blood was just
everywhere.
Q. Reverend Kyles, did you know a young
gentleman named Marrell McCullough at that
point?
A. I heard his name, but I didn't know
who he was until -- I guess when this trial
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1569
started I knew who he was.
Q. That's the first time you ever heard
his name called?
A. No. I heard his name before, but I
really didn't know who he was.
Q. Well, was he up there that day when
Dr. King --
A. I'm told that he's on the
photograph. I don't know. I don't know him.
I didn't know him, so I don't know.
Q. Now, when Dr. King -- when the shot
was fired, are you still on the balcony or
were you going down the steps at that time?
A. No, I was still on the balcony.
Q. How many feet would you say you were
away from him roughly?
A. Five.
Q. Do you remember at that time which
direction you were facing?
A. The -- I was going down the right
side, so that would be north.
Q. All right. So you would have been
facing north looking toward the back, I
guess --
A. The back of the buildings on Main
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1570
Street.
Q. All right. And when you heard the
shot, did it sound like a shot? Did it sound
like a shot to you from a gun?
A. It's -- yes, it sounded like a shot.
But I really kind of thought it was a car
back-firing until I saw people ducking.
Everybody on the ground took for cover. And
then I realized it was -- it was the shot.
Q. All right, sir. And did you look
back in the direction of the bush area of the
rooming house and all -- did you look back in
that direction?
A. Yes. I did, yes.
Q. Did you see any movement of anyone in
that area at all?
A. I did not.
Q. All right. And you had a clear view
where you could see. Wasn't anything
obstructing your view since you were up on
the balcony; is that right?
A. Yes, I would have had a clear view.
I'm sure I looked in that direction, but I
guess I was in such shock I can't -- I can't
say that.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1571
Q. Reverend Kyles, you've talked to, I
know, many, many people and read many things
and had many conferences about this. Can I
ask you this, sir. Is it your opinion or has
it been your opinion that James Earl Ray
acted alone in this case?
A. Never has. The first interview I
gave after that I said I was certain that
there was a conspiracy -- that others were
involved. I thought there was enough
physical evidence to point to James Earl
Ray. But all day that day of April the 4th,
I heard on the radio and all the news casts:
Martin Luther King, Jr., is back in town to
lead a march. He's at the Lorraine Motel in
Room 306.
And I finally mentioned that to Andy
Young. I said, Andy, they're putting
Martin's room number on the radio. And he
said, yes, we need to check it. But I don't
think he ever did because he was in court
down here trying to get the injunction lifted
against the march.
And I just knew that any news person
who came into the -- into the news room and
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1572
took that off the teletype would read that
copy. But somebody had to put it in there.
And that -- that was just too many details to
give in a regular news cast. So all the
interviews that I've given over the -- over
the years, I've mentioned from day 1 that I
thought more people were involved than
Mr. Ray.
Q. But you have no first-hand knowledge
of anyone else.
A. I do not.
Q. Of course you didn't see anything
else that day. Could you tell us which
direction or which -- where did the shot seem
to come from to you when you heard it? Which
direction was it from the position you were
standing in?
A. As I said, I thought it was a car
back-firing. So I looked over the -- I
looked over the railing when I saw people
ducking. That's when I realized it was a
shot. I don't know at what point -- I
don't -- I really don't know if I'm one of
the people pointing. I don't think I am. I
mean, it's just -- I was in shock. I just
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1573
really don't know.
Q. Let me ask you, Reverend Kyles --
now, you had talked to Dr. King about the
Poor People's March which was, what, planned
for later in that year?
A. Yes.
Q. And had you planned to be a part of
that campaign?
A. Yes.
Q. Okay. And had Dr. King had any
feedback from anyone in the Capitol about
this march that you're aware of?
A. They did not want it to happen. It
was -- it was so dramatic. It was something
that had not been done before. If we had
gone to make speeches and come back, that
would have been okay. But when you talk
about building tents -- a tent city, which we
eventually did, and living on the mall, that
was different. That had not -- nothing like
that had been done with regard to the Civil
Rights movement. And it was a very bold
step.
And it had come to us that Martin
was not to reach Washington with the Poor
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1574
People's campaign. There was no long-range
plan for him even to come to Memphis because
the staff really didn't want him to come.
They didn't have time. But I think the order
was that he was not to reach Washington, so
it happened --
Q. Are you aware of the speech with
Senator Byrd a few days before that he made
where he was very critical of Dr. King and
indicated what would happen if the march took
place, how he would tear up the Capitol, and
how it would evolve around the world?
A. I know about that speech. I heard
that. And also there was a concern that with
as many soldiers being away at Vietnam that
if something broke out in Washington, it
would just -- it would exacerbate the whole
thing.
Q. Do you know of any security that was
around Dr. King when the assassination
occurred?
A. No, there was not. There was -- the
police were there so quickly because they
were stationed -- after the march broke up,
every fire station in the black community had
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1575
a TAC squad comprised of local police,
sheriffs, national guard and the like. And
they had tanks and that whole thing. They
had all of it. And they were just -- right
across from the motel is a fire station, and
they were there at that fire station.
Plus, we also found out that we were
under surveillance. There were policemen in
the fire house spying on us. I don't have
the facts to this, but -- I mean, the
first-hand knowledge, but I was told that the
young fellow who was assigned to do the
surveillance that day had such guilt that he
became an alcoholic, that he couldn't live
with the fact that he had spied on Dr. King.
And I don't know -- subsequently I
think he died. I don't know if he took his
life or what.
Q. Did he have the same security on this
visit that he had on previous visits from the
police department?
A. No, because the police had been so --
they had been so vicious at that march that
the committee -- the Committee On the Move --
the umbrella group that all of us worked
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1576
under called COME, Committee On the Move for
Equality, said we don't want the police
around. We just don't want them around, and
we'll deal with them later.
The security that they would have
had would have been at least two
African-American policemen that they assigned
to us at our discretion. And so it wasn't
like a large contingent or something pulled
off. It simply meant the guys who would be
with him as bodyguards. But that had
happened -- that had happened after that
terrible march break-up by the police.
Q. Let me ask you, Reverend Kyles, do
you know -- or had word reached Dr. King that
Washington didn't want him to come up to the
Capitol and have this --
A. Oh, I'm sure it had.
Q. Did you ever have a conversation with
him about it?
A. No, I didn't.
Q. After the shot was fired, the only
policemen that you saw were ones who came
running up with their guns drawn; is that
correct, sir?
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1577
A. Yes, two of them -- two policemen.
Could have been three, but I think it was
two.
Q. Did you see any movement of police
cars in and around the area just down below
the balcony there?
A. No, I did not.
MR. GARRISON: That's all I
have. Thank you.
THE COURT: Mr. Pepper?
CROSS-EXAMINATION
BY MS. AKINS:
Q. Good morning, Reverend Kyles.
A. Good morning.
Q. You testified that it sounded like a
car back-firing. So I'm assuming that -- and
tell me if I'm wrong. I'm assuming that the
sound came more from a downward location than
an upward location; is that correct?
A. I couldn't say. That could be true.
I mean, I just thought it was -- I didn't
think it was a shot.
Q. But cars are usually on the streets
somewhere; is that correct?
A. Yes.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1578
Q. That's true, okay. You mentioned
that you were aware that there was some
surveillance on Dr. King's activities; is
that correct?
A. That's true.
Q. And -- now, would it surprise you if
this surveillance consisted of video or audio
surveillances? Would that surprise you any?
A. Oh, no, it would not.
Q. Okay. Would it surprise you that
every move that was made by Dr. King was
somehow being recorded?
A. No. We knew that.
Q. You knew that?
A. Yes.
Q. Okay. You testified that you knew
that there was a young fellow who had -- was
part of surveillance team. Was that the
first --
A. I was told this, yes. I don't know
him for sure. I don't know him.
Q. You don't know him. But you
testified that this person had so much guilt
that he later committed suicide.
A. No. I said he later became an
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1579
alcoholic and he died. I don't know if he
committed suicide or not.
Q. Okay. I'm sorry. Now, would it
surprise you that that young fellow's name
was Richmond -- would it be Richmond? Were
you aware of his name?
A. No, I didn't know him. I mean, we
were under surveillance too. I mean, it
wasn't just the surveillance of Dr. King.
The local -- local leadership was under
constant surveillance by the local police.
As I said, they were just -- they were quite
vicious toward us.
Q. Now, the person that did that
surveillance, he was actually here in
court. He's not dead, okay?
A. Oh, okay.
Q. He was here. He came to court and he
testified. I want to give you a copy of his
report. It's Exhibit Number 22. If you
would turn to the fourth page, I believe.
Well, actually, third page, I'm sorry.
A. I'm sorry.
Q. Third page.
A. Front page?
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1580
Q. Third page.
A. Third, okay.
Q. At the bottom, approximately the
sixth paragraph, it starts at -- let's go to
"at 2:05." Do you see that?
A. Mm-hum, I see it.
Q. "At 2:05 p.m. Reverend Samuel Kyles
arrived and went to Room 307, departed at
2:23 p.m. Do you -- who was in Room 307?
A. I think that room was already
occupied, I think. That's where -- I think
that's the room with the big bed where Martin
ordinarily would have stayed but I think was
occupied.
Q. What were you doing in Room 307?
A. I'm sorry.
Q. What were you doing in Room 307?
What was going on in Room 307?
A. I don't know that that's the room I
went to. It's been a good while ago. I had
a room there at the motel that we always kept
for people who -- who would come in -- VIP's
who would come in. I was one of the few
people who had an American Express card. And
I had secured a room. As it turned out, his
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1581
brother did come unannounced.
Now, whether that room was 307, I'm
not sure. It might have been a -- I think
307 was occupied by someone else, and that
was the room that -- if you go to the motel
now at the museum, you will see in 307 a
large king-size bed where Dr. King would have
ordinarily stayed, but I think somebody was
in that room. So he and Dr. Abernathy both
stayed in 306 with two beds.
Q. Okay. Now, Dorothy Cotton -- Dorothy
Cotton, do you know who she was?
A. Yes, I do.
Q. Now, that was her room, okay?
A. I don't know. I mean, I don't know
who was in that room.
Q. I'm just telling you that that was
her room --
A. Oh.
Q. -- maybe to refresh your memory as to
what you were doing --
A. Okay.
Q. -- in Room 307 at that time.
A. I don't remember going -- I don't
know if -- I didn't go to that room. I don't
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1582
know -- I don't recall going to that room.
Q. Okay. I understand. It was a long
time ago. That's fine. It says you arrived
at 2:05 and you left at 2:23. Do you
remember -- whatever room you went to whether
it -- do you remember what -- where did you
go at 2:23?
A. I don't recall at all really. I
really don't. I don't know if he got the
room numbers mixed up. I know there was some
conversation about my not having gone in 306
at all.
Q. And that's not what I'm talking about
now. I'm talking about earlier in the --
before the shooting, we're talking at 2
o'clock.
A. Quite frankly, I don't remember going
to that room.
Q. Okay. Can you turn to the next
page. Let's start from "at approximately
5:50." It's at the very top of that. Do you
see that?
A. Yes.
Q. Would you read that?
A. "At approximately 5:50, John B.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1583
Smith, Milton Black, Charles Cabbage and one
female colored and approximately six or seven
more of the Invaders opened the door of their
room, and I could see them gathering their
belongings. They then brought them
downstairs and placed them in the trunk of a
light blue Mustang, license BF3-750. And
they left the motel area going to meet --
going west on Butler to Main.
"Immediately after the Invaders
left, the Reverend Samuel Kyles came out of
Room 312 and went to the room where Martin
Luther King was living. He knocked on the
door and Martin came to the door. They said
a few words between each other, and the
Reverend Martin Luther King went back into
the room closing the door behind him, and the
Reverend Kyles remained on the porch."
Q. Now, this is the written statement
that was recorded on -- on that day saying
that you arrived -- you went to Dr. King's
room at 5 -- some time after 5:50, okay. Yet
you testified that you had been there one
hour earlier.
A. That's true.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1584
Q. Okay. So you're saying that this
report is not correct?
A. I am.
Q. Okay. You also have testified that
James -- at the James Earl Ray hearing; is
that not correct?
A. I have.
Q. And on that day you said that you had
been there for an hour.
A. Yes.
Q. Isn't it true that you've gotten much
notoriety out of wearing that title as being
one of the people -- one of the few people
who were with King the last hour of his death
(sic)?
A. No, I have not.
Q. Isn't it true that people have
wanted -- old women have wanted to just come
and shake your hand just because you were
there? Yes? No? Yes? No?
A. When I said to my audiences that it
was a wonderful privilege for me to have
spent the last hour of Martin's life on
earth, I did that because there is such
interest in his life. And I had to wonder
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1585
for a very long time: Why was I there?
Q. But it was interest in his life; is
that not correct?
A. Why -- that's right, in his life.
Why was I there?
Q. You --
A. And I didn't quite finish.
THE COURT: You may finish.
Q. (BY MS. AKINS) Go ahead.
A. It took some time for the revelation
to come. I had some feelings I couldn't even
express. It took a good while. I said, if
he hadn't been going to my home, would he
have been killed? If he hadn't have been
coming to Memphis, would he have been
killed? And then God revealed to me why I
was there. I was there to be a witness. And
my witness is that his life was so wonderful
and so full. That he didn't die in some
foolish way. He didn't die overdosing or a
jealous lover's gun, but he died helping
garbage workers.
And so as I share that story with
people, they will come up and shake my hand.
They will say, may I shake your hand because
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1586
you knew Dr. King. I've sought no notoriety
out of this. And I just -- I think I know
where that came from. I'm sorry.
Q. Okay. That's -- since you were so
adamant about finishing your statement, let's
go back to my question. What is the answer
to the question?
A. Have I received notoriety from --
Q. Well, actually --
A. -- from Dr. King's death?
Q. No, that's the one you answered. The
one you didn't answer was: Wasn't it true
that women -- old women have just wanted to
come and just shake your hand because of the
fact that you were present?
A. Yes.
Q. Okay. That's all I asked. You were
one of the organizers or the planners of the
30th anniversary celebration of Dr. King; is
that not correct?
A. Yes.
Q. Okay. And that was a big event here
in Memphis?
A. Yes.
Q. Okay. And was that event
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1587
city-funded? Did you get private donations?
How did that come about?
A. Private donations.
Q. I want to -- it's going to take him
some time to get that warmed up. When you
testified earlier, you testified about how
Dr. King -- I think you said that the night
before his speech dealt -- kind of dealt with
death -- was on the topic of death. Is that
correct?
A. I said he dealt with the whole
question of the fear of death.
Q. And is it your opinion that you think
he might have had some type of premonition or
that he --
A. Oh, yes, he did.
Q. That he knew that something -- didn't
know when, but just knew --
A. He always said he would never live to
be forty. Not that he didn't want to, he
just thought he never would.
Q. Okay. I'm going to show you a
video.
(Whereupon said video was played
for the Court and Jury.)
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1588
Reverend Kyles: "And so we will
be gathering in Memphis April 3rd through
5th. And we planned a number of activities.
Some of the activities are geared especially
for the young who did not have a chance to --
to get the feel to know what the Civil Rights
Movement actually was about. Even as they
marched, now they could have stopped in a
hotel. But when you think about marching
from Memphis to Jackson or Jackson to
Memphis, there weren't hotels.
"You stayed in churches. You
stayed in people's homes. And -- and that's
how we got over. That's how we got through.
The struggle was a very -- was a spiritual
struggle. You couldn't pay people to do what
we had to do. You couldn't pay people to
stand before mad dogs and fire hoses and
billy clubs and cattle prods. It was
strictly a spiritual and moral movement.
"So we wanted that dimension to be
in the pilgrimage to Memphis. We will
revisit the Mountain Top Speech site. That's
the Mason's Temple where Dr. King made his
last address. Which he almost didn't make
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1589
because the night that we were having that
rally, there were tornado warnings, that he
was behind on the Poor People's campaign.
"And he said, you guys go on over
and have the rally. I'm going to stay at the
motel and work on the Poor People's
campaign. When we got there and
Dr. Abernathy walked in and Jesse Jackson
walked in and I walked in and others, people
started clapping because they thought Martin
was behind us. And so Ralph's preacher sense
said to him, this is not our crowd. And he
went to the phone and called Dr. King.
"And any of the marches that --
that -- that we had in those days, you had
the opportunity to bring the children and
bring the family and march with us. And when
I finished sharing with them the last hour of
Dr. King's life ... but that gave me the
wonderful privilege of spending the last hour
on earth. Three preachers in a room --
Abernathy, King and Kyles. And we spent that
last hour together in Room 306 at the
Lorraine Motel.
"The press is always curious and
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1590
writers -- what went on? What did you talk
about? I say, we just talked preacher talk.
What preachers talk about when they get
together, revivals and all the like. About a
quarter of six we walked on the balcony, and
he was talking to people in the courtyard.
He stood here, and I stood there. Only as I
moved away so he could have a clear shot, the
shot rang out.
"I turned around and it had knocked
him back on the balcony. This tremendous
hole was in his face, and all of this was
torn out under his shirt. We couldn't see
that. The bullet mushroomed and tore all of
his insides out. He was bleeding profusely.
I ran in the room, picked up the phone and
tried to get the operator. The phone was
operator-assisted.
"I said, answer the phone, answer
the phone. And no one answered the phone
because the operator left the phone --
switchboard and came out in the courtyard.
When she saw what happened, she had a heart
attack on the spot. So there was no one on
the phone. I came back out and hollered to
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1591
the police: Call an ambulance on your police
radio. They were coming with their guns
drawn saying, where did the shot come from?
The picture you see pointing is in answer to
the police saying, "Where did the shot come
from?" And the point is in the direction of
the rooming house.
"And, of course, he finally came --
the ambulance finally came. I kept shaking
my head trying to wake up because I thought I
was having a nightmare. But I was -- I was
not having a nightmare. It was real. I took
the spread from bed and covered him from his
neck down. Somebody put a towel to his
face. And I had to wonder, Reverend
Campbell, a long time, of all the places I
could have been, all the places that Martin
could have been, why was I there, why was it
at that moment?
"And I had to find out, through
living, God revealed to me that I was there
to be a witness -- a witness that Martin
Luther King, Jr., didn't die in some foolish
way. He didn't O.D. He wasn't robbing
somebody, wasn't running from the scene of a
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1592
crime. But he came to Memphis to help
garbage workers -- the least of these. And
so we commemorate the life and times.
"I started telling you about the
Louisville trip. 80-year old lady came up on
the stage. I said, no, ma'am, I'll come down
there. She says, no, I want to come up. 30
years later she came up. And she was shaking
with her program in her hand. And she said,
I have never in my life -- I'm 87 years old.
I have never asked the mayor for an
autograph. But because you had your hand in
Dr. King's hand, I want your autograph. 30
years later.
"And so we commemorate this great
American. Join us in Memphis, April 3rd
through 5th. The first SCLC meeting after
Dr. King's death was in Room 306. Reverend
Jim Orange was right there in that meeting.
Thank you again, Mr. Mayor, we appreciate
what you're doing" --
The Mayor: "Thank you, sir."
Rev. Kyles: -- "in support of all
these people who are here."
(End of videotape portion.)
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1593
Q. (BY MS. AKINS) Now, that was you at
the 30th anniversary of -- well, discussing
the 30th anniversary.
A. That's correct.
Q. And in that you again stated that you
were -- had been with King the last hour of
his death (sic); is that correct?
A. Yes.
Q. Now, can you tell us any reason why
Lieutenant Richmond would want to lie about
the whereabouts -- what you was doing at that
time?
A. I just think he made a mistake. I
think the whole idea of him spying was
just -- he just -- it was too much for him.
If that's the young man you're talking
about. I don't know him. I never met him.
But I was -- I was -- the information just
came to me. I just think he was in error. I
think he was newly on the force too at that
time.
Q. So you think he was in error when he
said that you arrived at 2:05, left at 2:30,
then subsequently arrived and went to Room
312, then left Room 312 at 10 after 5 -- all
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1594
of the activities involving you he made a
mistake on?
A. He could have made it on others too,
I don't know. I'm not -- I'm really not
following what we're trying to do here. I
mean, I don't know. I came as a witness for
this man because I was subpoenaed. Now it
sounds like I'm on trial or something. I
don't understand this.
Q. Reverend Kyles, I represent the
plaintiff, and this is cross-examination
time. That's what I'm doing, okay. Just
bear with me. I only have just really one
more question to ask you. And --
concerning -- well, actually, I guess two
more. You've heard the tape and your account
of the events. What is your feeling about
that?
A. I'm sorry.
Q. You've heard the tape and your
recount -- or your account of the events that
occurred.
A. The amazing thing to me again is that
people are so interested in his life 30 years
after his death. If that gives me notoriety
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1595
because I share that -- they want to hear
it. I mean, I don't -- I don't know what --
I don't know what to say.
Q. No. I mean, what is your opinion
concerning the tape? That was you.
A. Yes, I was in Jackson, Mississippi.
The mayor gave me a proclamation to bring
back to Memphis because he couldn't come to
the -- to the -- to the affair. It was the
30th celebration -- 30-year celebration of
the assassination of Dr. King.
And I shared that information at a
press conference on the steps of the
mayor's -- of City Hall in Jackson,
Mississippi.
Q. And that was the recording of -- that
occurred in Jackson?
A. Yes.
MS. AKINS: Okay. Your Honor, I
would like to move this as -- into
evidence, the video tape.
THE COURT: Any objection?
MS. AKINS: Now, one more
question.
MR. GARRISON: The report of
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1596
Officer Richmond?
THE COURT: No, the tape.
MR. GARRISON: I don't have any
objection.
THE COURT: All right.
(Whereupon said videotape was
marked as Exhibit Number 34.)
Q. (BY MS. AKINS) When you gave an
account of what occurred, you mentioned
"he." And I want to know who "he" was. Can
you replay that section, please.
(Whereupon a portion of the
videotape was replayed for the Court and
Jury.)
Rev. Kyles: "What preachers
talk about when they get together, revivals
and all the like. About a quarter of 6 we
walked on the balcony, and he was talking to
people in the courtyard. He stood here and I
stood there. Only as I moved away so he
could have a clear shot, the shot rang out."
(End of videotape portion.)
Q. (BY MS. AKINS) Who was "he"? You
said, "only as I moved away, so he could have
a clear shot." And I want to know who "he"
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1597
was. Who was the person that you moved away
to give him a clear shot?
A. In the conversation I was talking
about James Earl Ray.
Q. Okay. One second. Just to make sure
there's no confusion, you moved away so James
Earl Ray could get a clear shot?
A. Only as I moved away. I don't think
he wanted to risk shooting the wrong person,
whoever shot him.
Q. Okay.
A. And since we both were standing
there, we're both African-American men, he
wanted to be sure that he hit the right --
the problem we had, we thought if he had kept
shooting he could wipe out the whole staff
because they were all exposed -- all of us
were exposed.
Q. So you're moving away so that he
could --
A. My moving away had to do with going
to get in the car to go to my house for
dinner. That's what my moving away had to do
with.
MS. AKINS: Okay. I have no
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1598
further questions.
REDIRECT EXAMINATION
BY MR. GARRISON:
Q. Reverend Kyles, let me ask you this,
sir. In referring to this statement that was
just seen, you said, "so he could get a
shot." You're referring to James Earl Ray,
that was your --
A. Yes.
Q. -- thinking, wasn't it?
A. That's who I was referring to, yes.
MR. GARRISON: That's all.
Thank you, sir.
THE COURT: Anything further?
All right. Reverend Kyles, you may stand
down, and you can remain in the courtroom or
you're free to leave.
THE WITNESS: Thank you.
(Witness excused.)
THE COURT: Let's take a short
break.
(Brief break taken.)
THE COURT: Mr. Garrison, are
you ready?
MR. GARRISON: Yes, sir.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1599
THE COURT: Bring the jury.
THE SHERIFF: Yes, sir.
(Jury in 11:48 a.m.)
THE COURT: Mr. Campbell.
MR. CAMPBELL: Yes, sir.
THE COURT: Did you give him
those other pictures?
THE SHERIFF: I'm going to do
it.
THE COURT: All right. We're
ready to proceed.
MR. GARRISON: Call Mr. Warren
Young.
FRANK WARREN YOUNG,
Having been first duly sworn, was examined
and testified as follows:
DIRECT EXAMINATION
BY MR. GARRISON:
Q. Tell us your full name, please, sir.
A. It's Frank Warren Young.
Q. And, Mr. Young, where are you
employed, sir?
A. Shelby County Criminal Clerks's
Office.
Q. Mr. William Key, who was here
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1600
earlier, is a criminal court clerk?
A. Yes, sir, he is.
Q. And you work in that office?
A. I do, yes, sir.
Q. Pursuant to a subpoena did you bring
certain records to the court today?
A. Yes, sir, I did.
Q. And would you explain to the Court
and the Jury what those records consist of.
A. It's a transcript of Mr. Ray's guilty
plea that was entered in Judge Battle's court
on March the 10th, 1969.
Q. All right, sir. And I provided with
you a copy. And would you tell His Honor and
Ladies and Gentlemen of the Jury if the copy
I provided you -- is it a replica, a direct
copy, of the one that what you have in the
Court.
A. I've looked at it and, yes, sir, it
is.
MR. GARRISON: I'd like to have
that marked as an exhibit to his testimony at
this time.
THE COURT: Any objection?
MR. PEPPER: No objection.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1601
(Whereupon said document was
marked as Trial Exhibit Number 35.)
Q. (BY MR. GARRISON) Mr. Young -- just
hand it back to him. Do you have a copy --
it says "Petition For Waiver Of Trial And
Request For Acceptance Of Plea Of Guilty."
Do you have that copy, sir?
A. Yes, sir.
Q. And that's signed by you. It has the
signature of the defendant, James Earl Ray.
All right, sir. Now, let me ask you if you
will turn over then to the part that says
"Voir Dire Of Defendant On Waiver And Order."
Do you see that?
A. Yes, sir.
Q. Would you read what you see there and
down there through the next page and the end
of the first three pages?
A. I will. Yes, sir. This is Judge
Battle: "James Earl Ray, stand. Have your
lawyers explained all your rights to you and
do you understand that?"
The defendant answered: "Yes."
Judge Battle: "Do you know that you
have a right to a trial by jury on the charge
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1602
of Murder in the First Degree against you,
the punishment for Murder in the First Degree
ranging from death by electrocution to any
time over 20 years? The burden of proof is
on the State of Tennessee to prove you guilty
beyond a reasonable doubt and to a moral
certainty, and the decision of the Jury must
be unanimous both as to guilt and
punishment.
"In the event of a jury's verdict
against you, you would have the right to file
a Motion for a New Trial addressed to the
trial judge. In the event of an adverse
ruling against you on your Motion for a New
Trial, you would have the right to successive
appeals to the Tennessee Court of Criminal
Appeals and the Supreme Court of Tennessee
and to file a petition for review by the
Supreme Court of the United States. Do you
understand that you have all these rights?"
The defendant answered: "Yes."
Judge Battle: "You are entering a
plea of Guilty to Murder in the First Degree
as charged in the Indictment and are
compromising and settling your case on agreed
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1603
punishment of ninety-nine years in the State
Penitentiary. Is this what you want to do?"
Defendant answered: "Yes."
Judge Battle: "Do you understand
that you are waiving, which means `giving
up,' a formal trial by your Plea of Guilty
although the laws of this State require the
prosecution to present certain evidence to a
jury in all cases of Pleas of Guilty to
Murder in the First Degree?
"By your plea of guilty, you're
also waiving your rights to (1) Motion for a
New Trial; (2) Successive Appeals to the
Supreme Court of Criminal Appeals and the
Supreme Court of Tennessee; (3) Petition for
Review by the Supreme Court of the United
States.
"By your plea of guilty, you are
also abandoning and waiving your objections
and exceptions to all the Motions and
Petitions in which the Court has heretofore
ruled against you in whole or in part, among
them being:
"1. Motion to withdraw a plea and
quash indictment.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1604
2. Motion to inspect evidence
3. Motion to remove lights and
cameras from jail
4. Motion for private consultation
with attorney
5. Petition to authorize defendant
to take depositions
6. Motion to permit conference with
Huie
7. Motion to permit photographs
8. Motion to designate court
reporters
9. Motion to stipulate testimony.
10. Suggestion of proper name."
The defendant answered: "Yes."
Judge Battle: "Has anything besides
this sentence of ninety-nine years in the
penitentiary been promised to you to get you
to plead guilty? Has anything else been
promised to you by anyone?"
The defendant answered: "No."
Judge Battle: "Has any pressure of
any kind by anyone in any way been used on
you to get you to plead guilty?"
Defendant answered: "No."
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1605
Judge Battle: "Are you pleading
guilty to Murder in the First Degree in this
case because you killed Dr. Martin Luther
King under such circumstances that would make
you legally guilty of Murder in the First
Degree under the law as explained to you by
your lawyers?"
The defendant answered: "Yes."
Judge Battle: "Is this the Plea of
Guilty to Murder in the First Degree with
agreed punishment of ninety-nine years in the
State Penitentiary, freely, voluntarily and
understandingly made and entered by you?"
The defendant answered: "Yes."
Judge Battle: "Is this plea of
guilty on your part the free act of your free
will, made with your full knowledge and
understanding of its meaning and
consequences?"
The defendant answered: "Yes."
Judge Battle said: "You may be
seated."
Q. (BY MR. GARRISON) Then would you turn
over to Page 1 of the transcript and down
where it says "this is a compromise and
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1606
settlement," would you start reading there.
A. Where I had previously read?
Q. On Page 1 of the transcript.
A. Oh, yes, sir. "James Earl Ray,
Guilty Plea," it's entitled, Monday, March
10, 1969.
The Court: "The calendar has been
transferred to Division 1. All right. I
believe the only matter we have pending
before us is the matter of James Earl Ray."
Mr. Foreman: "Would Your Honor give
me just a minute?"
The Court: "Yes, sir."
Mr. Foreman: "May it please the
Court, in this cause we have prepared the
defendant, and I have" --
Q. Signed.
A. -- "signed and Mr. Hugh Stanton, Sr.
and Jr. will now sign a Petition for Waiver
of Trial and Request for Acceptance of Plea
of Guilty. We have an order. I believe the
Clerk has this."
The Court: "This is a compromise
and settlement on a plea of guilty to murder
in the first degree and an agreed settlement
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1607
of 99 years in the penitentiary; is that
true?"
Mr. Foreman: "That's the agreement,
Your Honor."
The Court: "Is that the agreement?
All right. I'll have to voir dire Mr. Ray.
James Earl Ray, stand. Have you" --
Q. That's "a lawyer."
A. "Have you a lawyer to explain all
your rights to you and do you understand
them?"
Answer: "Yes, sir."
The Court: "Do you know that you
have a right to a trial by jury on a charge
of Murder in the First Degree against you,
the punishment for Murder in the First Degree
ranging from death by electrocution to any
time over 20 years? The burden of proof is
on the State of Tennessee to prove you guilty
beyond a reasonable doubt and to a moral
certainty. And the decision of the jury must
be unanimous, both as to guilt and
punishment. In the event of a jury verdict
against you, you would have the right to file
a Motion for a New Trial addressed to the
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1608
Trial Judge.
"In the event of an adverse ruling
against you on your Motion for a New Trial,
you would have the right to successive
appeals to the Tennessee Court of Criminal
Appeals and the Supreme Court of Tennessee
and to file a Petition for Review by the
Supreme Court of the United States. Do you
understand that you have all these rights?"
Answer: "Yes, sir."
The Court: "You're entering a Plea
of Guilty to Murder in the First Degree as
charged in the indictment and are
compromising and settling your case on an
agreed punishment of 99 years in the State
Penitentiary. Is this what you want to do?"
Answer: "Yes, I do."
The Court: "Is this what you want
to do?"
Answer: "Yes, sir."
The Court: "Do you understand you
are waiving, which means giving up, a formal
trial by your Plea of Guilty although the
laws of this State require the prosecution to
present certain evidence to a jury in all
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1609
cases on pleas of guilty to Murder in the
First Degree? By your plea of guilty, you
are also waiving your right to: (1) Your
Motion for a New Trial; (2) Successive
appeals to the Supreme Court, to the
Tennessee Court of Criminal Appeals and the
Supreme Court of Tennessee; and (3) Petition
to Review by the Supreme Court of the United
States. By your plea of guilty, you are also
abandoning and waiving your objections and
exceptions to all the motions and petitions
in which the Court has heretofore ruled
against you in whole or in part.
"Among them being: (1) Motion to
Withdraw Plea and Quash Indictment; (2)
Motion to Inspect the Evidence; (3) Motion to
Remove Lights and Cameras from the Jail; (4)
Motion for Private Consultation with
Attorney; (5) Petition to Authorize Defendant
to take Depositions; (6) Motion to Permit
Conference with Huie; (7) Motion to Permit
Photographs; (8) Motion to Designate Court
Reporter; (9) Motion to Stipulate Testimony;
(10) Suggestion of Proper Name.
"You are waiving or giving up all
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1610
these rights. Has anything besides this
sentence of 99 years in the State
penitentiary been promised to you to get you
to plead guilty? Has anything else been
promised to you by anyone?"
Answer: "No, it has not."
The Court: "Has any pressure of any
kind by anyone in any way been used on you to
get you to plead guilty?"
Answer: "Now, what did you say?"
The Court: "Are you pleading guilty
to Murder in the First Degree in this case
because you killed Dr. Martin Luther King
under such circumstances that it would make
you legally guilty of Murder in the First
Degree under the law as explained to you by
your lawyers?"
Answer: "Yes. Legally, yes."
The Court: "Is this Plea of Guilty
to Murder in the First Degree with an agreed
punishment of 99 years in the State
Penitentiary freely, voluntarily and
understandingly made and entered by you?"
Answer: "Yes, sir."
The Court: "Is this plea of guilty
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1611
on your part the free act of your free will
made with your full knowledge and
understanding of its meaning and
consequences?"
Answer: "Yes, sir."
The Court: "You may be seated. All
right. Are you ready for a jury?"
Q. (BY MR. GARRISON) Would you turn now
to Page 9 and read beginning with the
first -- second -- "I just want to make one
more statement."
A. Yes, sir. "I just want to make one
more statement to you gentlemen" --
Q. Let me ask you first of all, who is
it doing -- doing the --
A. This is General Philip Canale, Jr.
Q. All right.
A. Who was the District Attorney General
at the time. "I just want to make one more
statement to you gentlemen before we proceed
in this matter. There have -- actually, in
any case, there have been rumors going all
around, perhaps some of you have heard them,
that Mr. James Earl Ray was a dupe in this
thing or a fall guy or a member of a
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1612
conspiracy to kill Dr. Martin Luther King,
Jr.
"I want to state to you as your
Attorney General that we have no proof other
than that Dr. Martin Luther King, Jr., was
killed by James Earl Ray and James Earl Ray
alone, not in concert with anyone else.
"Our office has examined over 5,000
printed pages of investigation work done by
local police, by national police
organizations and by international law
enforcement agencies. We have examined over
300 physical bits of evidence, physical
exhibits. Three men in my office, Mr. Duire,
Mr. Beasley and Mr. John Carlisle, the Chief
Investigator of the Attorney General's
Office -- you can't see him over here -- have
traveled thousands of miles all over this
country and the many cities and foreign
countries on this investigation, our own
independent investigation.
"And I just state to you frankly
that we have no evidence that there was any
conspiracy involved in this. I will state
this to you further. If at any time there is
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1613
evidence presented -- competent evidence
presented which we can investigate and bear
out that there was a conspiracy involving
this, I assure you as your Attorney General
that we will take prompt and vigorous action
in searching it out and in asking that an
Indictment be returned if there are other
people or if it ever should develop that
other people were involved.
"And you have my assurance on
that. Not only me but the local law
enforcement officers and your national law
enforcement officers. I just wanted to give
you that thought. Thank you very much."
Q. Thank you. If you will just leave
the exhibit here.
A. Yes, sir.
MR. GARRISON: Thank you.
CROSS-EXAMINATION
BY MR. PEPPER:
Q. Good afternoon, Mr. Young.
A. How are you, sir.
Q. Mr. Young, if you will just turn
again to the first page of the "Voir Dire of
Defendant and Waiver and Order."
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1614
A. Yes, sir.
Q. Where the judge orders Mr. Ray to
stand.
A. Yes, sir.
Q. Do you see -- and the judge then
begins to address Mr. Ray.
A. Right. Yes, sir.
Q. Do you see any instance there where
the judge has put Mr. Ray under oath?
A. No, sir, I do not.
Q. Would you turn, Mr. Young, please, to
Page 16?
A. All right, sir.
Q. At this point in the proceedings, the
defendant, Mr. Ray, has -- has interrupted
the proceedings. And would you read what he
has said starting --
A. Is that the lower portion of the
page?
Q. Yes, the last full paragraph starting
at "James Earl Ray."
A. Yes. It states: "Your Honor, I
would like to say something. I don't want to
change anything that I have said, but I just
want to enter one other thing. The only
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1615
thing that I have to say is that I can't
agree with Mr. Clark."
Q. Please continue.
A. Mr. Foreman: "Ramsey Clark?"
And the Court said: "Mr. who?"
Would you like for me to continue?
James Earl Ray stated: "Mr. J.
Edgar Hoover, I agree with all these
stipulations, and I'm not trying to change
anything."
The Court: "You don't agree with
whose theories?"
James Earl Ray: "Mr. Canale's,
Mr. Clark's and Mr. J. Edgar Hoover's about
the conspiracy. I don't want to add
something on that I haven't agreed to in the
past."
Q. That's fine to that point. Now,
would you please turn to Page 48.
A. All right, sir.
Q. This Court and Jury have heard
testimony about a white Mustang with Arkansas
plates parked in this -- in the same position
as this -- this statement here. I'd like you
to read, please, from "Gentlemen, coming back
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1616
to the overall mock-up, the State's proof" --
do you see that? It's the fifth line down --
the end of the fifth line.
A. Yes, sir. "Gentlemen, coming back to
the overall mock-up, the State's proof would
show that between 4:30 and 4:45 p.m.
Mrs. Elizabeth Copeland, who worked across
the street from this area designated as
Canipe Amusement Company, observed a small
white automobile pull up and park in this
general area, as designated by the smaller
car here on the mock-up, to the north of this
light pole and to the south here of Canipe
Amusement Company.
"Mrs. Copeland told a Mrs. Peggy
Hurley: `Peggy, your husband is here for
you.' Mrs. Hurley came to the window and
looked out. She said: `No, that's not my
husband. My car is a Falcon, a white Falcon,
and this is a white Mustang."
Q. Continue.
A. "She did note a man sitting in the
car. Shortly thereafter, Mrs. Hurley's
husband arrived. She got in the car and
left."
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1617
Q. That's fine. Thank you. Would you
please turn over to the next page, Page 49.
This Court and Jury have heard testimony
about the condition of Mr. Stephens at the
time -- a rooming house resident. Would you,
on the fourth line from the bottom, starting
"at approximately 6 p.m.," would you read
from there, please.
A. "At approximately 6 p.m.,
Mr. Stephens heard a shot coming apparently
through this wall in the bathroom. He then
got up and went through this room, out into
the corridor in time to see the left profile
of the defendant as he turned down this
passageway which leads to an opening with a
stairway going down to Main Street."
Q. Now, that's one aspect of proof that
was put the forth. The second aspect of
proof continues right after that. This Court
and Jury have heard evidence with respect to
the dropping of the bundle in front of
Canipe's. That's the second area of proof
that is being referred to. Would you read
from there, please?
A. "Now, gentlemen, you can see here
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1618
this mock-up. This offset area here is in
front of Canipe Amusement Company. It is
reflected here on this mock-up at this
point. Mr. Guy Warren Canipe along with two
customers, Bernell Finley and Julius Graham,
were in Canpie's Amusement Company when they
heard a thud in the area immediately here and
up in this little offset and, looking out,
saw the back of a white man going away from
that area in a general southern direction on
down Main Street observing momentarily
thereafter a white Mustang pull from the curb
heading north on Main Street, one occupant.
"This packet was subsequently
guarded and found to be the rifle, the box,
the suitcase wrapped in a green spread and so
forth that has heretofore been introduced to
you gentlemen through some of the witnesses."
Q. That's -- that's fine. Would you
please turn next to Page 53. This Court and
Jury has heard evidence with respect to the
window sill of the bathroom and the dent in
the window sill. The State's -- would you
comment on the State's proof, please, reading
exactly what was said from "the sill of this
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1619
window."
A. "The sill of this window in the
bathroom was observed by Inspector Zachary to
have what appeared to be a fresh indentation
in it. This sill was ordered removed, was
cut away, and was subsequently sent to the
FBI for comparison. And the proof will show
through expert testimony that the markings on
this sill were consistent with the machine
markings as reflected on the barrel of the 30
aught 6 rifle which has heretofore been
introduced to you."
Q. Would you one more time, please, read
from the line on Page 53 starting with "the
markings on this sill."
A. "The markings on this sill were
consistent with the machine markings as
reflected on the barrel of the 30 aught 6
rifle which has heretofore been introduced to
you."
Q. That's fine. Thank you. Would you
turn to Page 56, please.
A. Yes, sir.
Q. The Court and Jury have heard
evidence with respect to the 30 aught 6 rifle
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1620
in evidence and the fact that the scope was
not sighted in. If you would back up to Page
55, last full sentence, "he changed the
scope" -- State's proof there.
A. "He changed the scope from the
.243 to the .30 aught 6. And at 3 o'clock
that afternoon, he delivered the 30 aught 6,
which is the same rifle that has been
identified here in the courtroom to the
defendant along -- he didn't have a box with
a scope on it."
MR. PEPPER: That's -- that's
fine. Mr. Young, thank you very much for
laboring through this with us. No further
questions.
MR. GARRISON: We have no
further questions.
THE COURT: Go ahead, call your
next witness.
MR. GARRISON: Eli Arkin.
ELI H. ARKIN, Jr.,
Having been first duly sworn, was examined
and testified as follows:
THE COURT: You may proceed.
DIRECT EXAMINATION
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1621
BY MR. GARRISON:
Q. Mr. Arkin, tell us your full name
please, sir.
A. Eli H. Arkin, Jr.
Q. And you live here in Memphis,
Tennessee?
A. Yes, I do.
Q. Where do you presently work? Where
are you employed presently?
A. The Cottonwood Company.
THE COURT: Is that A R K I N?
THE WITNESS: Yes, sir.
Q. (BY MR. GARRISON) Now, let me ask
you, you're formerly retired from the Memphis
Police Department; am I correct, sir?
A. I left the police department in 1976.
Q. How long were you with them?
A. 20 years.
Q. All right. And going back to the
year 1967 and 1968 specifically, what
division of the police department were you
working in then?
A. I was in the inspectional bureau.
Q. And so His Honor and Ladies and
Gentlemen of the Jury will understand, what
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1622
do you do in the inspectional bureau?
A. The inspectional bureau was broken
into three parts: inspections, internal
affairs and intelligence.
Q. All right. And was any of these --
specifically these that you worked in,
consisted of what?
A. After I was in the bureau for a
while, I was in intelligence.
Q. Were you the head of the intelligence
division at the time --
A. No.
Q. -- in early '68?
A. No.
Q. Who was the -- who was the chief over
the -- who was over the intelligence
division?
A. Inspector Tynes.
Q. What, Mr. Arkin, was your -- were you
a lieutenant, captain? What was your
ranking?
A. I was a lieutenant.
Q. All right. Now, in early '68, you're
in the Sanitation Strike. Were you asked to
take part in any type of investigation into
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1623
the Sanitation Strike?
A. We were well involved in observing
what was going on and letting the Chief of
Police know when they were going to have a
march or things of that nature.
Q. All right, sir. Who was the chief of
police at that time?
A. Let's see. Chief McDonald had just
left, and Chief Henry Lux.
Q. And who was the police director at
that time?
A. Director Frank Holloman.
Q. Let me, Mr. Arkin, ask you this.
Where was your office located at that time,
in early '68 -- March, April?
A. It was on the second floor of the
police department near the rotunda.
Q. The old police station?
A. Yes, sir.
Q. All right. Was there a time after
the first march by Dr. King in '68 -- or
maybe after the march or before -- when some
Army personnel became stationed in your
office?
A. Yes, sir.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1624
Q. Okay. Did you have any -- did you
have any warning? Did you know that they
would be coming into your office?
A. I'm sorry, sir. I didn't hear you.
Q. Did you have any warning or notice
that they would be coming into your office?
A. Not until they were there.
Q. And who did they say they were? What
were they supposed to do?
A. They said -- they identified
themselves as Army intelligence.
Q. All right. And do you know who sent
them in here?
A. No, sir, I have no idea.
Q. But they were U.S. Army intelligence?
A. According to what Inspector Tynes
told us, yes, sir.
Q. And how many people were there in
your office?
A. Possibly --
Q. In other words, what's the largest
number at one time?
A. Possibly three or four at any one
time.
Q. And what were they doing while they
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1625
were there in your office?
A. Basically observing and taking notes.
Q. How long were they -- were they there
stationed in your office?
A. Sir, I'm sorry, I can't remember.
Q. A week or two, month or two, what
would you --
A. No. At some point I asked Inspector
Tynes to please have them relocated and get
out of our offices.
Q. Had they -- had they just moved in
and pretty much taken over your office?
A. No, sir, they didn't take it over.
They were just there standing around and
listening to what you had to say, whether you
were on the telephone or in any
conversations, and taking notes at the same
time.
Q. I was going to ask you that. Were
they taking notes or recording, making any
photographs or pictures or photos of
anything?
A. Not to my knowledge. Taking notes --
writing notes.
Q. Were they there every day pretty
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1626
much?
A. For a while, yes.
Q. Did -- were they in uniform?
A. No, sir.
Q. They were not in uniform?
A. No, sir.
Q. Well, when they came in, did you have
to arrange some desk space for them, or how
did that come about?
A. No, sir.
Q. How were they -- were they just
standing around all day or did they have
space they worked in?
A. To my knowledge, they didn't have any
desks in there at all. They just roamed back
and forth. We had a fairly large office.
Q. Did you ever have any conversation
with any of those people?
A. Oh, yes, sir.
Q. But they identified themselves as
U.S. Army personnel on the telephone; am I
correct, sir?
A. Yes, sir.
Q. That's what they said?
A. Yes, sir.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1627
Q. And they never said who sent them in
here or what they were doing?
A. They didn't tell me, no.
Q. All right. Mr. Arkin, did there come
a time on April the 4th of 1968 when you used
your vehicle or used a police vehicle to go
down to South Main Street?
A. Yes, sir.
Q. At what time did you go down?
A. Sir, I'm sorry, I don't remember.
Q. Well, are we looking like at mid
afternoon, early morning, what time?
A. I would suggest that probably in the
afternoon.
Q. All right. And where did you go on
South Main Street?
A. To the fire house at Butler and Main.
Q. Okay. And do you know who was in
charge of the fire station there at that
time?
A. No, sir, I don't.
Q. Okay. What was your purpose in going
down there?
A. I was going down there to talk to one
of our patrolman who was stationed there at
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1628
that time.
Q. And what was that patrolman's name?
A. Reddoch.
Q. All right. How long had he been down
there?
A. Sir, again, I'm -- several weeks, I
assume.
Q. And what was the reason you were
dispatched then to talk to him, Mr. Arkin?
A. I was sent down there to retrieve him
and bring him back to the office.
Q. Okay. And under whose orders or
direction did you go down and get him?
A. Director Holloman.
Q. Director Holloman told you to go get
him?
A. Yes. Well, Director Holloman and
Inspector Lux. And I don't remember which
one actually told me to.
Q. Okay. And did they tell you the
reason why they wanted you to go get this
particular officer?
A. Yes, sir.
Q. What was the reason given to you?
A. They said that they had information
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1629
that possibly someone who was from the east
was possibly coming down here to assassinate
a police officer -- a colored police
officer. And the assumption was made, I
guess by them, that it possibly might be
Reddoch.
Q. Okay. So we'll understand, they did
not tell you that this threat was made
against Officer Reddoch, they just said a
police officer; is that right, sir?
A. Yes, sir.
Q. And Officer Reddoch was African-
American; am I correct, sir?
A. Yes, sir.
Q. An officer with the police
department?
A. Yes, sir.
Q. And so Director Hollomon's direction
to you was to go to the South Main fire
station to get Officer Reddoch off the job;
am I -- is that correct?
A. Yes, sir. I went to the fire house,
picked up Reddoch, and brought him back to
the police department.
Q. Did anyone go with you?
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1630
A. No, sir.
Q. Okay. Now -- and you say it was
around the middle of the afternoon, what, 3
or 4 o'clock, in that range? Would that be a
fair or reasonable time?
A. Sir, I don't remember.
Q. But it would have been the afternoon
you think?
A. Yes, sir, I believe so.
Q. All right. When you arrived at the
fire station, did you see Officer Reddoch?
A. Yes, sir.
Q. Okay. And what communication did --
what was said between the two of you?
A. I just basically, I'm sure -- I don't
really remember word for word.
Q. Obviously it's been a long time. But
what do you remember being said between the
two of you?
A. That he was supposed to go back to
the police department with me.
Q. Okay. Did he have any comment about
that?
A. Not that I know of.
Q. All right. And then did you take him
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1631
back to the police department?
A. Yes, sir, I did.
Q. And when you returned to the Police
Department with him, who was there?
A. I'm sorry, who was --
Q. When you returned to the Police
Department with Officer Reddoch, who was
there when you took him back?
A. I brought him to our office.
Q. All right. And who was in your
office when you arrived back?
A. I don't remember, sir.
Q. Was Director Holloman there?
A. I don't remember.
Q. Okay. Were any FBI personnel that
you know of?
A. No, I don't think so.
Q. Any CIA representatives in the office
at the time?
A. I never saw a CIA agent.
Q. Were there any Army personnel still
there?
A. No, sir.
Q. Intelligence. When you took him back
to the office then, what happened after that?
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1632
A. At some point I was called down to
Director Holloman's office, I believe, and
told to take Officer Reddoch home.
Q. Who told you that?
A. Sir, I'm sorry, I can't remember
exactly.
Q. I understand. It's been 30 years.
Okay. And someone told you to take him
home. How long was that after you arrived
that you were told to take him home?
A. I don't remember exactly. I can tell
you this, that when we pulled up in front of
his house, he went in the house to talk to
his wife. And during that period of time is
when I heard another officer who was
stationed at the fire house or the
dispatcher, one, I'm not sure which, said
that Dr. King had been shot. So it must have
been right around 6 o'clock or a little
after.
Q. Okay. All right. On the way home
from the police station, Mr. Arkin, did you
have any conversation with Officer Reddoch
about why you were taking him home instead of
returning him to duty?
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1633
A. Yes, sir, I'm sure I did.
Q. Okay. And do you remember anything
he said about -- any statement he made about
any threat or anything of that nature?
A. No, sir, I can't remember much about
the conversation at all. His main concern
was that -- it was either his mother or his
wife's mother -- he didn't think that they
would try and move away from the house and go
into an apartment somewhere incognito.
Q. Did you stay there with him then that
afternoon or that night or --
A. No, sir, I did not. They sent, if
I'm not mistaken, a marked squad car.
Q. Okay. And how long did they stay?
Do you have any idea?
A. I have no idea, no.
Q. About the time you arrived is when
you heard on the radio from the dispatcher
Dr. King had been shot?
A. Shortly after we arrived, yes, sir.
Q. Now, Mr. Arkin, are you aware of the
fact that Director Holloman says he didn't --
he never told you to go pick Officer Reddoch
up or didn't have any knowledge that Officer
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1634
Reddoch was supposed to be picked up? Are
you aware of that?
A. No, sir.
Q. Did you conduct any type of
investigation or were any part of an
investigative team that investigated the
assassination of Dr. King? Did you do
anything toward the investigation of the
assassination?
A. No, sir.
Q. You said the threat was -- had came
in from the east, is that what they told
you? Came in the from the east?
A. Came in from Washington D.C. from
what I understand.
Q. All right. And when you arrived at
the fire station, were there any other
African-American firemen or police officers
at that time there?
A. There was a police officer there,
yes.
Q. Do you know who that was?
A. I believe it was -- his name was
Richmond.
Q. Okay. Did he remain at the fire
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1635
station or did he leave also?
A. He stayed there.
Q. Okay. And did you see any
African-American firemen there when you
arrived?
A. No, sir, I didn't.
MR. GARRISON: That's all I
have. Thank you.
CROSS-EXAMINATION
BY MR. PEPPER:
Q. Good afternoon, Lieutenant. A few
questions. Officer Richmond was also on
surveillance at the fire station.
A. Yes, sir.
Q. Was he working under your command?
A. He was working out of the
intelligence bureau, yes, sir.
Q. Did you find him to be a reliable
surveillance officer?
A. I had no reason to doubt him.
Q. And when he submitted reports to you
and others, did you find those reports, as a
rule, to be accurate?
A. Yes, sir.
Q. Professionally prepared?
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1636
A. Yes, sir.
Q. Because one of his reports has been
put into evidence in these proceedings, and
it's quite impressive in terms of its
detail. And I would have hoped that would
have been your response. Had you ever heard
of -- from the intelligence side, have you
ever heard that there were photographs taken
from the fire station roof by Psychological
Operation Army photographers of the entire
assassination of Martin Luther King?
A. No, sir.
Q. That evidence has been introduced
here. Have you ever heard of that?
A. No, sir.
Q. Never? Never saw any of those
photographs that were taken from --
A. No, sir.
Q. -- the roof? Were you ever advised
that the captain of that fire station,
Carthel Weeden, put those Army photographers
on the roof and put them in the vantage point
for the taking of those photographs?
A. No, sir.
Q. Would that have been something that
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1637
perhaps Inspector Tynes would have known
about and not shared?
A. I have no idea, sir.
Q. But you didn't hear about it --
A. No, sir.
Q. -- in any event. Did you in the
course of April 3rd or 4th speak with or talk
to any out-of-town agents -- from whatever
source, you might not have known where they
even were from -- but individuals who you
didn't know as being part of the local FBI
office or the Memphis Police Department? At
any time do you recall speaking to any of
those individuals -- any persons?
A. I'm not sure I understand the
question exactly.
Q. I know it's a long time ago. But do
you recall speaking, in the course of --
let's take April 4th -- with any persons who
came into town from one or another federal
agency about any strategic intelligence
activities?
A. I don't believe I did. I can't
remember if I did.
Q. Okay. You don't remember speaking
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1638
with any of them. Now, lastly -- this is
really just more for the historical record
than anything else. As a trained
intelligence officer, without naming -- we're
not going to ask you to name any informants.
Did you use -- as a part of the modus
operandi, did you use informants in
organizations in Memphis, Tennessee?
A. Yes, sir.
Q. So you -- you ran informants and
obtained -- as a way of obtaining
intelligence information.
A. Yes, sir.
Q. Without naming any names, because I
know that you would not want to do that,
would there have been any informants who were
close to Dr. King's organization when he was
in Memphis?
A. I'm not sure I know what you mean by
"close to Dr. King's organization."
Q. Well, people who would have been in
contact with Dr. King or members of his
organization, SCLC, or people who were
aligned with them in support of the
sanitation workers, would you have had any
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1639
informants in those organizations?
A. We had an informant in a local group
called the Invaders.
Q. Yes. And that man's name is public,
so that's -- that's Mr. McCullough, is that
right, Mr. Marrell McCullough?
A. Yes, sir.
Q. All right. But would you have had
any sort of deeper cover -- not interested in
the names -- but any deeper cover individuals
who would have been able to feed you
information with respect to what was going
on?
A. No, sir.
Q. No -- no other ones other than --
A. Not to my knowledge.
Q. Did the FBI office have, again to
your knowledge, any informants in any of
these organizations?
A. They probably did, yes.
Q. So they might have had a wider
intelligence net. Did they share that
information with you?
A. Some information they did, yes.
Q. Okay. So they had informants and
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1640
their informants they were running would have
provided you with information.
A. No.
Q. Through them I mean, through the
office.
A. Yes, sir.
Q. Thank you. Do you know what
Mr. McCullough did when he left the Memphis
Police Department?
A. No, sir, I have no idea.
Q. Do you know what Mr. McCullough does
today?
A. No, sir, I do not.
Q. You've never heard of what his
occupation is or what he might --
A. I've heard, but --
Q. What have you heard that he is doing?
A. Well, I've heard that he's in the CIA
now.
Q. That he works for the CIA now.
A. But I have no proof of that.
MR. PEPPER: Not directly, but
you just heard that. Okay. Nothing
further. Thank you.
MR. GARRISON: I have nothing
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1641
else. Thank you, Mr. Arkin. You're free to
go.
THE COURT: You may stand down.
THE WITNESS: Thank you, sir.
(Witness excused.)
THE COURT: It's that time
again -- 2 o'clock.
(Lunch recess.)
THE COURT: All right,
Mr. Garrison.
REBECCA A. CLARK,
Having been first duly sworn, was examined
and testified as follows:
DIRECT EXAMINATION
BY MR. GARRISON:
Q. Ms. Clark, would you tell us your
full name, please, ma'am.
A. Rebecca A. Clark.
Q. And you live here in Memphis,
Ms. Clark?
A. Yes, I do.
Q. And you've lived here most of your
life?
A. Since high school.
Q. All right. At one time, Ms. Clark,
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1642
you were married to -- I believe it was
Captain Earl Clark with the Police
Department; am I correct?
A. Well, actually, he started out as a
patrolman and went as far as chief inspector.
Q. Okay. Now, Ms. Clark, let me say
this -- or ask you this. You and Inspector
Clark were divorced at some period; am I
correct?
A. Yes.
Q. But in 1968, you were married to him
then; is that right?
A. Yes, I was.
Q. During the time of the Sanitation
Strike and the assassination of Dr. King --
A. Yes, sir.
Q. -- you were married to Inspector
Clark; am I correct? Okay. Let me ask you
this. We have taken your testimony before
now. But Inspector Clark had a large
collection of weapons, did he?
A. Yes, he did.
Q. And he was one of the better -- I
guess you call a marksman with the police
department. He had a lot of honors for that,
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1643
didn't he?
A. Well, not just for the Police
Department. He won the Tennessee State Trap
Shoot one year.
Q. Okay. And did he work on the -- at
the -- for the police department at the track
where they used weapons to shoot things, like
target practice, things like that? Did he
work there at one time?
A. Yes, he worked at the pistol range.
Q. Pistol range, that's a better word
for it. Do you know, Ms. Clark, during the
Sanitation Strike, was he tied up with that
where he didn't come home -- I mean, did the
police department have him pretty much in --
on duty full time where he wasn't able to
come home for some time?
A. That's correct.
Q. And on the day of April the 4th,
1968, how long had it been since he had been
home then; do you recall?
A. Probably three or four days. Might
have been longer.
Q. Okay.
A. I can't remember.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1644
Q. Now, you were working somewhere at
the time, weren't you?
A. Yes.
Q. And, in fact, you used to work for
the police department. Am I correct that at
one time you were employed at the police
department yourself?
A. Yes, before we married.
Q. Right. I understand. On the day of
April the 4th, 1968, do you remember what
time you came home that day?
A. Well, I got off work at 4 in the
afternoon.
Q. Okay. And how long did it usually
take you to drive home?
A. Probably 10 to 15 minutes.
Q. And when you arrived at your home,
was your husband there?
A. No.
Q. He was not there then.
A. No.
Q. Okay. So you got home around 4:15,
roughly in that range; would that be right?
A. Right.
Q. And how long was it roughly before he
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1645
came home?
A. I really don't remember. It wasn't
right away, but -- probably an hour or so
maybe.
Q. Okay. And he came home -- did you
know he was coming home then?
A. No.
Q. Okay. So he came home unexpectedly.
A. Right.
Q. And what happened when he reached
your home? What happened?
A. Well, he said he came home to get
some clean uniforms. And so when he got
there, he said he thought he would lie down
on the couch in the living room for a few
minutes and take a nap. And then he was
going to take a bath and go back because they
had been staying up all night over at the
pistol range. And so he asked me to listen
to the police radio for him.
Q. Okay.
A. So that's when I heard -- a short
time later -- I don't know how long he was
asleep, maybe 30, 40 minutes -- 45. But
that's when I heard on the radio that
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1646
Dr. King had been killed -- had been shot.
Q. Okay. Had your husband made any
statement about the fact that Dr. King was
here and the Sanitation Strike was going
on? Had he made any statement -- comment to
you about that?
A. About him being here?
Q. Yes, ma'am.
A. Well, everybody knew he was here.
Q. Well, had he made any comment to you
about it, the fact that it was tying up a lot
of the police officers and causing a lot of
problems here with the Sanitation Strike?
Did he make any statement to you --
A. I don't recall any conversation like
that.
Q. Well, on your deposition -- let me
ask you -- you remember giving your testimony
before?
A. Yes.
Q. Page 25, the question: "Did you ever
make -- did he ever make any comment about
Dr. King at all? Did he ever say anything
about Dr. King, right, wrong or indifferent?"
Answer: "I'm sure he did. I'm sure
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1647
he was concerned about this being here and
the Sanitation Strike might cause a problem,
which was" --
Do you remember giving that answer?
A. Yes, sir.
Q. Okay.
A. But I don't recall any specific
conversation that he -- you know, I'm sure he
must have commented about it.
Q. Okay. At some point you left to go
get a uniform for him.
A. Yes, sir, I did. When I woke him up
and told him that Dr. King had been killed,
he said, you've got to go get my uniforms out
of the cleaners before they close. And he
was going to take a bath while I was gone.
Q. Okay. And, Ms. Clark, you're aware
of the fact -- you know that there's been
some testimony/allegation made that
Lieutenant Clark was at the back of the
rooming house across from the Lorraine Motel
on the day that this occurred. You know
that, don't you?
A. Well, at the time of the deposition I
didn't know that. Matter of fact, I didn't
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1648
really know why I was called to give a
deposition.
Q. Okay.
A. I mean, I had heard of this thing
about a conspiracy but I, in my wildest
imagination, never dreamed that they thought
that he was involved or the police department
was involved.
Q. Okay.
A. I found out about a week later when
two -- two gentlemen from the Justice
Department called me and asked me if they
could come out and talk to me. And then
that's when they told me that you all tho |