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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

November 30th, 1999

VOLUME IX

_______________________________________________

Before the Honorable James E. Swearengen,

Division 4, Judge presiding.

_______________________________________________

DANIEL, DILLINGER, DOMINSKI,

RICHBERGER, WEATHERFORD

COURT REPORTERS

Suite 2200, One Commerce Square

Memphis, Tennessee 38103

(901) 529-1999

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- 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

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- INDEX -

WITNESS: PAGE NUMBER

JACK KERSHAW

Direct Examination

By Mr. Pepper --------------- 1188

Cross-Examination

By Mr. Garrison ------------- 1196

JACK TERREL

(By Video)

Direct Examination

By Mr. Pepper --------------- 1198

LOUIS WARD

Direct Examination

By Mr. Pepper --------------- 1234

Cross-Examination

By Mr. Garrison ------------- 1256

Redirect Examination

By Mr. Pepper --------------- 1257

RAYMOND KOHLMAN

Direct Examination

By Mr. Pepper --------------- 1258

EARL CALDWELL

(By Video)

Direct Examination

By Mr. Pepper --------------- 1265

Cross-Examination

By Mr. Ewing ---------------- 1267

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- INDEX CONTINUED -

WITNESS: PAGE NUMBER

ROY GRABOW

Direct Examination

By Mr. Pepper --------------- 1271

Cross-Examination

By Mr. Garrison ------------- 1290

JOHN C. SMITH

Direct Examination

By Mr. Pepper --------------- 1292

WILLIAM SCHAAP

Direct Examination

By Mr. Pepper --------------- 1299

TRIAL EXHIBITS

24 --------------- 1265 (Collective)

25 --------------- 1271

26 --------------- 1275

27 --------------- 1286

28 --------------- 1304

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P R O C E E D I N G S

(November 30th, 1999, 10:35 a.m.)

THE COURT: Are we ready for the

jury?

MR. GARRISON: Your Honor, may

we approach the bench before we start?

THE COURT: Okay. Come on up.

(Whereupon a Bench Conference

was had.)

THE COURT: Bring the jury out,

please.

THE SHERIFF: Yes, sir.

(Jury in.)

THE COURT: Good morning, Ladies

and Gentlemen. I see you scratching on the

door, ready to go. All right. Would you

please call your first witness, Mr. Pepper.

MR. PEPPER: Yes, Your Honor.

Your Honor, plaintiffs call Mr. Jack

Kershaw.

JACK KERSHAW,

Having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

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Q. Morning, Mr. Kershaw.

A. Good morning.

Q. Thank you for joining us this

morning. I know you had some medical

problems, and it's -- it's an effort on your

part and we're grateful to you.

A. One eye's better than none.

Q. Would you please state for the record

your full name and address.

A. Jack Kershaw, K E R S H A W,

Nashville, Tennessee, member of the Nashville

Bar. The street address is 3616 Doge. The

zip is 37204.

Q. Mr. Kershaw, how long have you been a

practicing attorney?

A. Since '61.

Q. And have you practiced throughout

that period of time in the State of

Tennessee?

A. Yes.

Q. Have you lived in Nashville

throughout that period of time?

A. Yes.

Q. And did you at one time come to

represent James Earl Ray?

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A. Yes, I did.

Q. When did you begin to represent

Mr. Ray?

A. About the spring of '77 on the

occasion of the Congressional Committee

investigation of his case.

Q. And in the course of that

representation of Mr. Ray, did you consult

with him many times?

A. Oh, frequently.

Q. And at one point in time were you

asked -- not by Mr. Ray but by someone

else -- to have a meeting with an author,

William Bradford Huie?

A. That would have been in the summer of

'77, my best recollection. I received a

call from some official at Thomas Nelson

Publishing Company that William Bradford

Huie, a writer for Look Magazine, would like

to meet with me about an unrevealed

question. And I told him I'd be glad to.

And I appeared at the conference room at the

publishing company in due course and met with

Mr. Huie.

Q. And at that time that you met with

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Author Huie, you were representing James Earl

Ray?

A. Yes, that is correct.

Q. And he was aware of that?

A. Oh, yes.

Q. Now, flashing back a bit, had Author

Huie published articles on this case prior to

your meeting with him?

A. Yes. Not too long after the event,

Mr. Huie published two or three stories for

Look Magazine in which he promised to reveal

the true assassin of Martin Luther King. His

fourth article did a turn about. Instead of

revealing a conspiracy and the identity of a

mysterious assassin, he laid it all on James

Earl Ray.

Q. Which he had not done in his -- in

his previous articles?

A. It was an absolute change of face.

It was a flip-flop.

Q. Now, did you go to the Nelson

Publishing Company in Nashville and meet with

Mr. Huie?

A. Yes.

Q. And where did you meet with him in

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that publishing company?

A. In the conference room of the

publishing company.

Q. And who was present at that meeting?

A. I, of course, and Mr. Huie, and

Mr. Huie was accompanied by a couple of young

men who I did not recognize and a couple

other young men who were obviously junior

vice president or something or other of the

Thomas Nelson Publishing Company.

Q. But the people who you did not

recognize with Mr. Huie at that meeting, did

they identify themselves to you?

A. No.

Q. They didn't?

A. No.

Q. Is that unusual to participate in a

meeting and others there do not identify

themselves to you?

A. Well, the whole thing was unusual

without any proper procedure.

Q. And what took place at that meeting?

What was the purpose of Mr. Huie requesting

you to meet with him?

A. He offered a sum of money for James

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Earl Ray's story, quote, unquote. And I

asked him, what story did he want? That

Mr. Ray was telling his story every week

before the Congressional Committee. And

Mr. Huie informed me that the story he

referred to was how he killed by himself --

he and he alone killed -- shot and killed

Martin Luther King.

Q. So this writer, William Bradford

Huie, wanted a story -- the story from James

Earl Ray of how he, acting alone, killed

Martin Luther King?

A. That's right.

Q. And he was prepared to pay a sum of

money for that story?

A. Yes. He offered $25,000 for that

story. And I immediately asked him, what

good is the money going to do this man? He's

in the penitentiary. And Mr. Huie said,

well, we'll get him on pardon immediately.

Q. So Mr. Ray would tell the story,

admit his guilt, he would be given a sum of

money and he would be given a pardon?

A. That was Mr. Huie's message to me.

Q. How did Mr. Huie -- did he indicate

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at all how he was going to arrange this

pardon?

A. Well, I asked him a little bit about

that, and he never revealed his source of

influence with the governor.

Q. But he seemed confident he could

arrange a pardon?

A. Oh, yes, he was very confident. I

suggested that he arrange the pardon before

the story, but he didn't agree to that.

Q. That didn't go over very well. Of

course, Mr. Ray was on detainer from the

State of Missouri at the time. Did he say he

could arrange a pardon from the State of

Missouri as well?

A. That subject didn't come up. One

pardon presumably would be enough.

Q. I see. And this was all at the time

when the Congressional Committee was

investigating the case?

A. Yes.

Q. Well, Mr. Kershaw, did you, as James

Earl Ray's attorney, take this offer to

Mr. Ray in prison?

A. Yes. When the meeting came to a

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close, I rose and addressed Mr. Huie and I

told him that I would be glad to take his

offer to Mr. Ray, but that it seemed to me

that his very presence here in this

conference room contradicted his mission.

That his presence here indicated to me that

there was probably a rich and powerful man

behind the scenes who had instructed a rich

and powerful and gifted writer to make

overtures to get a certain story. And that

in brief, his proposition for a lone madman

killer clearly indicated a conspiracy.

Q. What did Mr. Huie reply to that?

A. He turned as red as a proverbial beet

and managed to say nothing. He was a

sandy-haired, red-faced little man to begin

with. And he never answered.

Q. And you then left. Did you

eventually take this offer to Mr. Ray?

A. Yes, I did. I was very interested to

see what his reaction would be.

Q. And what was Mr. Ray's reaction?

A. He didn't want any part of it.

Q. So he turned it down?

A. That's right.

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Q. He turned it down flat. Did you ever

hear anything more about this offer or --

A. I never heard further from Mr. Huie.

MR. PEPPER: That's fine,

Mr. Kershaw. Thank you very much.

THE WITNESS: All right.

MR. PEPPER: Nothing further.

CROSS-EXAMINATION

BY MR. GARRISON:

Q. Mr. Kershaw, let me ask you a

question. It appears you and I started

practicing law the same year, 1961. Isn't it

true that Mr. Huie later said that he had

investigated this and talked to a number of

witnesses and he had come to the conclusion

that Mr. Ray acted alone in this

assassination? Isn't that what he later

said?

A. I'm sorry. Could you repeat that.

Q. Yes, sir. Isn't it true that

Mr. Huie later said that he had talked to a

number of witnesses, including Mr. Ray, and

he concluded that Mr. Ray acted alone? Isn't

that what he later said publicly?

A. I don't recall any such statement

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from Mr. Huie.

Q. Did you ever have any further meeting

with him after this time?

A. No.

MR. GARRISON: That's all.

Thank you.

THE COURT: All right, sir. You

may stand down now.

THE WITNESS: Thank you.

(Witness excused.)

MR. PEPPER: Your Honor,

plaintiffs have been holding off on the

testimony of a couple of witnesses hoping

that they could be brought here and be

available to the Court. And it appears that

in the lateness of the hour, in terms of

plaintiffs' case, that that's not going to be

possible for one reason or another, which I'm

glad to explain to the Court.

So we'll have to proceed with the

video deposition of the first one. This

first witness is dying of liver cancer, and

he has at various times been up and about.

He's hemorrhaged rather badly in the last

week and is bed ridden. He desperately did

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want to come here. But anticipating this

problem, he was deposed in Orlando, Florida,

some time ago.

So with the Court's permission, we

would like to play that -- that first video

deposition.

THE COURT: All right. You

may.

MR. PEPPER: The name of the

witness, Your Honor, is Mr. Jack Terrel,

T E R R E L.

(Whereupon the afore-mentioned

video deposition was played for the Court and

Jury.)

(Transcript from video tape

testimony follows.)

UNIDENTIFIED SPEAKER: Will the

court reporter please swear in the witness.

JACK TERREL,

Having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Could you state your full name and --

and address for the record, please, Jack.

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A. My name is Jack R. Terrel. I live at

1044 Cascade Way in Apopka, Florida 22703.

Q. Jack, will you tell us when you were

born and where you were born.

A. I was born April 13, 1941, in

Birmingham, Alabama.

Q. And you -- could you describe for us

now the current state of your health.

A. At the present time I'm suffering

from terminal liver disease as a result of

Hepatitis C contract -- contracted in Burma

about ten years ago.

Q. And how far progressed is the disease

and what is -- what is the prognosis for you?

A. Without a liver, I will not see

Christmas.

Q. You will not see this Christmas --

A. No.

Q. -- 1999?

A. 1999, no.

Q. Let me thank you for coming here

under these circumstances and making --

A. No problem.

Q. -- yourself available, Jack. I'm

very grateful to you. If we could go a bit

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into your background. Was there a time when

you joined an organization called the

Civilian Military Assistance?

A. Yes, there was. I joined the CMA in

1984.

Q. And what was the nature of that

organization? What was their involvement?

A. At the time they were supplying

everything from arms and ammunition to

military software to the Contra Rebels in

Honduras.

Q. And is that a part of the operation

to try to overthrow the -- the government of

Nicaragua?

A. Correct. They were working hand in

hand with the FDN, which at that time was

headed by Adolpho Calero.

Q. Who was the authority behind that

organization and who created it?

A. The Central Intelligence Agency. It

was created by -- it has a history that goes

back to the early 80's when the Sandanistas,

which were at that time backed by the United

States Government, were launching attacks

from Costa Rica and Nicaragua to overthrow

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the Somoza government, Daniel Ortega and his

troops under the Sandanista banner.

And once he declared communism as

their form of government, the CIA assigned

the regional chief of operations, Duane

Claridge, which people also know as Duey

Claridge or Duey Maroni, which was his nom

deguerre, to go to Nicaragua and commence

militarily bringing down the government. And

he was given 250 million dollars to do it

with.

Q. What was the status of these

operations with respect to the law of the

United States at that time?

A. In the beginning it was unknown to

most U.S. Government officials outside of few

people in the Senate Oversight Committee,

until William Casey approved the mining of

the harbors in Managua which were

subsequently hit by three Soviet vessels.

And the hot line lit up in the White House,

and Ronald Reagan was sort of caught off

guard. And he went down the chain, what's

happening?

And it leaked to the Congressional

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Oversight Committee, and they went

ballistic. And a Congressman by the name of

Bolen floored a bill to create what is now

known as the Bolen Amendment. It was tacked

onto another bill which in essence said that

no aid, whether it be bandaids, bullets,

anything, was to go from the United States --

either militarily or civilian or charitable

or anything else -- to aid the Contra Rebels

in this supposedly overthrow.

Q. At the time -- so at the time you

were involved, the Bolen Amendment was in

effect?

A. Correct.

Q. And were the operations that you

observed in violation -- from what you could

see in violation of that amendment?

A. Directly in violation because we were

shipping arms and ammunition to the Contras.

Q. Right. In a book that you've --

you've written, Jack, about -- that recounts

some of these events -- a book called

Disposable Patriot --

A. Right.

Q. -- you referred to a pool of talent

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that is drawn upon for these types of

plausibly deniable operations.

A. Mm-hum.

Q. Would you just elaborate on what

that -- what that phrase means. What is the

pool of talent you're referring to?

A. Well, you have to go back in the

Central Intelligence Agency -- all the way

back to Stansfield Turner. When Jimmy Carter

appointed Stansfield Turner the head of the

CIA, he immediately cut loose over 1,500

field agents and black operatives in various

countries, this country, working within the

military or whatever.

When Casey took the helm of the CIA,

he not only brought back these people in

black operations, he also enlisted through

Fort Bragg special operations called JSOA.

It was called Joint Special Operations Agency

which had a door in the Pentagon, but behind

that door was an empty office.

At Fort Bragg it was called JSOC,

Joint Operations Command, which was supposed

to be members of the Marines, Army and Air

Force working together in black operations.

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But in realty it was reserve units that were

not only in place but some that were created

to carry out certain operations.

But some of the older reserves went

back into the 70's and into the 60's post

Vietnam that were operating in various parts

of the country. And, actually, nobody knew

they existed because they trained in rural

remote states. But when they would carry out

operations, it would be in civilian clothing.

Q. Was one of those reserves units,

perhaps the largest, the 20th Special Forces

Group?

A. The 20th Special Forces Group,

correct. It operated in a five-prong

situation throughout the south in Louisiana,

Alabama, Tennessee, Mississippi, Arkansas.

Q. Right. And so it was from the 20th

Special Forces Group as well as the other

sources that these -- that these -- this

talent was drawn --

A. Correct.

Q. -- for these kinds of operations.

A. They either used the reserves whom

they could command, or they had an ancillary

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that through the reserves they could bring in

civilian black operatives to work with

reserves -- with the -- the 20th Special

Forces and the Night Stalkers at Fort

Campbell, things of -- people in groups of

this nature. So it was -- it was very fluid

and involved thousands of people.

Q. Okay. Now, what was your role in the

CI -- CMA operations in Latin America?

A. I was actually placed into the CMA by

Donald Fortier, who was with the National

Security Council, as the eyes and ears for

the National Security Council within a

civilian organization to see that the

mandates that were being passed through from

CIA to NSC be carried out in Central America.

Q. And when -- when you were placed into

the CMA operations, what was -- what was your

role? What were you -- what were you

expected to do?

A. Well, I was working as a contractor

for the Central Intelligence Agency. And I

was to not only be the eyes and ears but also

eventually head the organization and -- and

to carry out the orders that we have received

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from -- anything from assassinations to

ground infiltrations to sabotage.

In fact, we had an operation

called -- our primary responsibility --

Pegasus, which in Spanish is Pagasso, which

we had targeted on a feeding-style project

from Vietnam to go in and take out the

infrastructure physically and personnel wise,

meaning in the directorate of the Sandanistas

assassinate these people to overthrow the

government.

Q. Now, if you were placed in this

organization by a member -- a high-ranking

member of the National Security Council --

A. Mm-hum.

Q. -- is it conceivable -- and the

National Security Council reported directly

to the president of the United States.

A. Yes, sir, they did, every day.

Q. Is it conceivable that the president

of the United States -- would be the vice

president of the United States at the time --

did not know that these activities were going

on in contravention of the Bolen Amendment?

A. The president directly knew. George

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Bush went past knowing. He was over his

head, actually using his assistant to -- and

also his son who is now the governor of

Florida, Jeb Bush, in seeing that quote,

unquote, civilian operations went forward in

the means of transporting aircraft for supply

drops to loading ships with weapons in the

port of Miami, Florida, destined for the

area, putting Manuel Noriega on the payroll

which in turn allowed the bidding cartel from

Columbia to franchise Central America.

And this is where the rub came with

me is because they went into -- the CIA

caused creative financing, which they did in

Vietnam under General Frank Powell and Air

America, which was the transportation of what

they call sticky bricks or opium and the

money deposited in the New Guinean bank in

Australia. They were trying to create the

same situation in concert with a bank called

the BCCI which is now history.

But it was a well-orchestrated

thing, and such a situation that I would put

it this way. If you were a fly on the wall

in the Oval Office, they would have -- they

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would have impeached him faster than even

considering an impeachment on Clinton because

they -- they were up to their elbows in it.

Q. Now, you became disenchanted at one

point in time.

A. Oh, yes.

Q. What was the reason for your

disenchantment?

A. Drugs. The allowing shipments of

drugs to be flown in American aircraft to

Homestead, Florida; U.S. Air Force planes,

contracting people to fly from Cartagena,

Barranquilla, Medellin, to Corn Island and

Nicaragua or to northern Costa Rica to quote,

unquote, a CIA base to be refueled to be

brought into the United States. Therefore, a

kilo of cocaine went from $80,000 to $18,000

in a matter of 30 days.

So I came to Washington to testify

before the Senate Foreign Relations Committee

and aired my gripes about it because I was at

that time supposed to be running the

organization. And I found out you do not go

against a popular sitting president the hard

way.

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Q. So you became -- effectively became a

whistle blower?

A. Oh, yes.

Q. And it was triggered by the fact that

you objected to the elicit smuggling of drugs

into the United States as a means of

financing these covert operations?

A. Correct.

Q. And what happened -- what happened to

you as a result of your attempting to -- to

testify?

A. Two attempts were made on my life.

One in San Jose, Costa Rica, where there's

probably still a Toyota sitting there with 92

bullet holes in it. And I was poisoned in

Manapol Grama (phonetic) by agents working

through an organization headed by General

Richard Secor and Oliver North, who was

reporting to Bill Casey, called Operation

Freedom.

But it was all a store-front

operation to shut me up because I have got

clout -- I am in possession of classified

information stating that I knew quote,

unquote, too much about their operation, so

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they needed to terminate me. When that

didn't work, they went after my credibility.

They tapped my telephones. Even

down to telling my daughter that I was a paid

intelligence asset for Fidel Castro. I was

listed as a terrorist threat to the United

States Government. I was taken by the Secret

Service to -- from offices in Washington to

be polygraphed, which I passed.

And during -- the 15 questions that

I was asked by the Secret Service, only one

of them had to do with assassination. And

that question was: Do you now or have you

ever thought of harming anyone who worked for

the United States Government? The rest of

them was did I agree with Ronald Reagan's

policy on Central America -- political

questions.

But I passed it. And they really

couldn't do anything to me at that point

except continue to go after my credibility.

Q. Did they at one point in time, also

in attempting to destroy your credibility,

seek to prosecute you?

A. Oh, yes. I was indicted on six

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counts in Fort Lauderdale, Florida, by Edwin

Meese, at the direction of the White House,

who forced the acting U.S. Attorney at the

time in a distant state -- you know, I'm in

Washington D.C., but they indicted me in Fort

Lauderdale and basically for following

orders. But the -- one of the indictments,

to show you how far they will reach, was

conspiring to put a luggage tag on a suitcase

containing a firearm that they issued.

You know, so it was that bad. So

our attorneys -- my attorney, John Magids,

filed a precedent setting motion under -- I

can't even think of the name of the law at

the time -- a neutral anti-trial act called

the "At Peace Motion" which said that we were

not at war with Nicaragua but we weren't at

peace with them either.

So George -- Judge Norman Rutger,

who is the second highest seniority to John

Serika (phonetic), said this is the most

politically charged indictment I have ever

seen in my life and threw it out.

Q. So he dismissed the indictment?

A. Yes.

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Q. And the prosecution did not go ahead?

A. Well, the CIA came down there and

briefed the judge. And at that point the

prosecution actually wound up becoming

witnesses in our case.

Q. Was there any polygraph that you had

to take -- that you did take -- that you

elected to take during that point in time

that you failed with respect to any of these

events?

A. No, I've never failed a polygraph.

Q. Jack, we can go back now to an

earlier time around about -- or in the early

1970's you moved to Mississippi.

A. Correct, Columbus.

Q. And you established a business

there.

A. Correct.

Q. Could you just describe the business

that you developed.

A. I developed an EMS system while I was

in Montgomery, Alabama, that was designed to

work in rural states. And Mississippi was

the most rural. I was told it couldn't work,

so I took the challenge and went ahead with

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it and became extraordinarily successful with

it. And in the process I hired and had at

one point probably 400 people working for

me. And everything was roses.

Q. Was one of the people working for you

whom you met and became friendly with a -- a

reserve officer in the 20th Special Forces

Group?

A. There were several. But the one

you're talking about came to work for me --

J.D. Hill, who is a member of the 20th

Special Forces which, incidentally, had a

training headquarters in Columbus.

Q. Mm-hum.

A. But he came to work for me and

eventually rose to the rank of supervisor

within my organization stationed at the home

office in Columbus. And during this period,

because of shared interest in firearms and

things of this nature, we became very close

friends.

Q. Right. Could you describe J.D. Hill

as a -- how you came to -- what your

impression of him was during the time that he

worked for you.

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A. J.D. was a -- he was a strange person

in a lot of ways, but in some ways he was a

very intelligent, well-trained individual who

had -- before he come to work with me fought

in Costa Rica. His mother had come from

Costa Rica. But he knew exactly what he

wanted in life in many ways. His only

setback was that he drank.

But when I promoted him to the rank

of supervisor, it was on the condition that

he stop drinking, which he did. He

completely quit drinking and became another

man. He confided in me often about things he

wouldn't talk with (sic) because he came from

a broken home. He was full of rage. He was

the type of person -- if I was going to pick

for an operation, he would be the type I

would pick. He profiled perfectly on a -- on

a lot of things for people that you would

want to look death in the face and not worry

about it.

Q. Did you learn much about the unit he

was attached to, the 20th Special Forces

Group, during this time?

A. I went past that. I tried to get

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into it, and they wouldn't let me. I used to

go out on the weekends and parachute jump

with them, and I got to know many of them

there.

Q. Right.

A. You know, and they would tell me

stories that at that time seemed kind of

unbelievable. But as time passed by, they

weren't so unbelievable.

Q. Did that unit have a training session

once a year?

A. Once a year at Camp Shelby,

Mississippi, they would go for two weeks and

just disappear off the face of the earth, and

then they would show back up two weeks later.

Q. Right. And was that -- were members

of that unit used on various covert

operations throughout this period?

A. Many. A lot of them -- I didn't know

about some of them. I did know about

mission -- two missions that were told to me,

one called Operation Back Pack and one of

them called Operation Quail Hunter. One of

them was designed to literally take a nuclear

device behind enemy lines in a back pack and

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plant it at an undisclosed location to be

detonated later. But that's how high --

highly they were thought of where they could

carry nuclear weapons.

Q. Were they -- were they -- did they

wear civilian clothing in the course of these

covert operations?

A. They never were in uniform -- always

in civilian clothes. And I was told on many

occasions, you know, that if you see me

somewhere and I'm supposed to be, you know,

doing something for the military and I don't

have a uniform on, act like you don't know

me.

Q. Was there a time when your

relationship developed closely enough with --

with J.D. Hill that he had told you about a

highly secret operation that he had been

involved in some years before?

A. Mm-hum. He had just returned from

Camp Shelby, Mississippi, on one of these

tours they did down there, and he looked like

a completely different person. He had lost

like 45 pounds, he was hard as a rock, his

eyes were like steel. And I told him -- I

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said, you know, people who are on diets need

to go where you went because I've never seen

anybody make a transformation like this. And

he said, well, it wasn't the first time.

And I said, what are you talking

about? And he said, well, you do what you

got to do. And I said, well, that's still

not telling me anything. And he said, well,

I'll tell you about it one day. And one day

we were out in the field in one of our cars

and went to an old beer joint -- I don't even

drink, but went to a beer joint down near the

state line. And he said, I want to tell you

something I think I need to get off my

chest.

And he said, not that it's worrying

me or bugging me or anything else but, he

says, I'm going to show you the level of what

it amounted to -- the involvement that they

had. And he started telling me about a

covert operation that he was involved in that

he really didn't know what he was doing. He

was asked to come to Shelby for special

training. He was a sniper. In fact, he had

three MOS's. And he said that he was

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assigned to a --

Q. Excuse me, Jack. Would you explain

what an MOS is.

A. Well, it's a military occupation

specialty. He said that he was assigned to a

team of men at Camp Shelby that had been put

together as a chute -- triangular chute team,

which means chuting from three positions.

And that they went into training and would be

sent to Pocatello, Idaho, to start shooting

at moving targets because they had been told

that they were going to take out an Arab

leader -- unnamed and unknown Arab leader.

And they had to refine their

shooting skills to such a point -- different

elevations, different angles, but always from

the triangular chute on moving vehicles. And

they practiced, practiced, practiced. And he

said they -- they were told what they needed

to know. Everything was on a need-to-know

basis. He said later that he was called back

to Shelby and the team was there. They were

not issued their standard sniper weapons,

which at that time they were using SSG's

which is made by Manliquor (phonetic). It's

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a double-trigger weapon that fires a 3.75 by

five, nine, I think, slug. But it's pretty

powerful and deadly accurate at 1,100

meters.

And they worked out with

standard-issue 30 aught 6 weapons which he

thought was very weird. He said, man -- he

said, they just gave us 30 aught 6's to go

out and start shooting these things. He

said, we didn't know what -- what was going

on. And he said, I was about ready to ruck

up -- which means pack up -- and leave. And

he says he was told real quick by the

commander of the base, you know, that they

were confined and they were fixing to go

somewhere. And he said, you will be briefed

at the time.

He said that they had been taken via

aircraft to West Memphis, Arkansas, and put

on stand by, and that they were to take out a

target in Memphis, Tennessee, still unknown

at the time. And the chute map was laid out

to them and they had two scenarios. One was

a moving scenario, the other was a scenario

involving a hotel where they would fire on

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the target from three positions -- one from

the water tower, one from the third floor of

a building, and the third place was the

rooftop of another building.

And they would be given the yes or

no within a certain period of time. And he

said while on standby they were picked up,

and they were going to go into Memphis. And

all of a sudden it was cancelled. And they

started just rushing people out, and they put

him on a plane and literally flew him back

directly to a county north of Browns County,

Mississippi, and told to, you know, go back

to town, nothing happened, you know. You've

been out of town on a training exercise,

nobody knows nothing. Keep your mouth shut.

Q. So this unit was trained to shoot at

a target or targets in a moving vehicle, that

was the --

A. Originally, yes.

Q. Originally that's what they were --

that they were geared up to do, and that's

what their training at Pocatello was --

A. Mm-hum.

Q. -- was to do. And then -- and they

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were put on standby in West Memphis,

Arkansas.

A. Correct.

Q. And then the operation, for some

reason, was cancelled and they were taken --

they were taken out of there.

A. Mm-hum.

Q. Did they take up their positions at

any point in Memphis?

A. They were headed in to take up their

positions when the mission was cancelled.

Q. They were heading in --

A. Yes.

Q. -- to take up the positions --

A. Yes.

Q. -- when it was cancelled?

A. But it was no way for him to know

what -- in the make-up of the organization

you had three snipers, a command and control

officer, communications officers, had an

ordnance officer and a medic. So they didn't

travel like a covey of quail. You know, they

would be taken differently. Whether other

people had been taken in and set up, he had

no knowledge of it because he was taken out

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by himself. You know, he was flown

singularly.

Q. Oh, he was taken out by himself?

A. Yes, singularly, and flown into the

county above.

Q. I see. So he doesn't know what --

A. No.

Q. -- what happened. Did he ever say

that he had discussed this with any of the

other members of the team at any point?

A. Oh, they all discussed it the next

day.

Q. All right.

A. Because he said, I picked up the

paper and said, oh, my God.

Q. What did he -- what did he read in

the paper that made him say "oh, my God"?

A. That Martin Luther King had been

assassinated.

Q. Martin Luther King had been

assassinated in Memphis, Tennessee --

A. Memphis, Tennessee.

Q. -- on the 4th of April, 1968?

A. Mm-hum.

Q. And then was it his view that he

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had -- he was somehow -- or his unit was

somehow -- had been trained or were being

trained and being prepared to -- to carry out

that assassination?

A. At that time he knew exactly that was

the purpose. He don't know why they were

scrubbed, but he knows exactly that they were

trained for that mission and were never told.

Q. Presumably the reconnaissance was

done by vice -- by others in advance of that

operation?

A. They believe the FBI, among others,

was doing recon and military intelligence.

Q. What eventually happened to J.D.

Hill?

A. J.D., like I said, was a strange

fellow. And he was a person of habit. He

was paranoid to the point that he kept a

light on in front of his house at all times.

And I was called about 2 o'clock in the

morning and advised by another supervisor

that J.D. had been found shot dead on his

porch and said that his wife had shot him

because he was drunk.

So I asked him -- I said, were you

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there? And he said, yes. I said, well, tell

me what's going on. And I said, is the light

on? And he said -- he said, no. What

light? And it just sort of struck a chord in

my head. Why is the light out, you know.

And I knew the investigating officers and

went down to see the set up but really never

got to see the set up. And I didn't go to

his funeral, you know, because I was

extraordinarily upset about it because his

wife was almost red carpeted out of town

after he was shot.

But I do know that he was shot at

close range with a .357 Magnum in almost a

circular pattern around his heart. He was

dead so fast his eyes were still open when he

hit the ground. And I thought to myself,

Janice Hill only weighed like 90 -- 89 pounds

rather, and had no experience with firearms.

And if it was indeed dark -- number one, J.D.

wouldn't have approached the porch. Number

two, if someone of her stature and the

knowledge of firearms had shot him, it

would -- it wouldn't even have come close to

being a pattern of putting three -- I mean,

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five .357's in a circular pattern because the

first shot would have disoriented her so bad,

she wouldn't know where she was in the dark.

So none of it added up, you know.

And I asked questions, questions, questions

trying to see at one point Janice Hill and

wasn't allowed to see her. You know, but in

my mind to this day my belief was he was --

he was assassinated.

Q. She was -- she was charged and a

Grand Jury was convened but nothing --

A. Correct.

Q. -- was ever raised against her. So

there was no indictment.

A. Mm-hum.

Q. And she then left Columbus.

A. But to this day I imagine you would

find very little evidence about the

shooting.

Q. Now, coming back to the unit -- and

this was a -- this sniper team was a 20th

Special Forces --

A. Group.

Q. -- Unit.

A. Yes.

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Q. I have checked the rosters of -- of

that unit from each of the -- each of the

states that -- that you have mentioned. I'm

not going to ask you to identify any names or

state any names for the record. But I'm just

going to show you the Mississippi roster, and

I'm just going to see if any of the names on

that roster are names that you heard about or

knew were involved on this team -- this

assassination team with -- with J.D. Hill.

A. See, it's easy to do because J.D. had

told me anybody on the team had to hold at

least the rank of sergeant. And --

Q. Do you see any names there that --

that --

A. One --

Q. -- you know?

A. -- two, three -- and all three of

these people were very close. One, two --

Q. There's J.D.'s name.

A. Mm-hum, J.D. And this one, this

one.

Q. Then you go down to Florida. So

it's -- so there are recognizable names there

on that roster of people who were on that

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team.

A. Mm-hum.

Q. Well, Jack, at various times in your

professional career, you have been -- you've

been interviewed by television teams, and

you've been a source of information --

A. More than I can count.

Q. -- via television on documentary and

news programs, haven't you?

A. Mm-hum. Mm-hum.

Q. Have you as well been a source of

information to -- to ABC's news department

for various --

A. Several times.

Q. -- things?

A. Several times. In fact, I worked

very closely with a producer there, Chris

Isham, on a couple of big stories which were

aired.

Q. And did ABC ever require you to take

a polygraph?

A. Yes, they did. They took me to

Miami, Florida, and had me polygraphed to

make -- to make sure of my quote, unquote,

reliability because of this whole situation

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about the credibility thing in Washington.

But I've been on 60 Minutes, Larry King, you

name it. None of them asked me to do it, you

know. But, like I said, Mike Wallace

would -- if I called him today and said I got

a story, he would say come to New York, you

know, because I've done it before. Because

they have no doubt about my credibility. But

ABC wanted to make sure.

Q. Right. And when you took the ABC

polygraph test, what were the results?

A. I passed it.

Q. And so your credibility was, in your

mind anyway, well established with ABC.

A. Oh, yes.

Q. Now, do you recall some while ago

that ABC did a program -- a documentary on

the King assassination?

A. Mm-hum.

Q. A program presented by a chap called

Forest Sawyer.

A. Yes.

Q. Now, did they send a team here to

Florida to interview you?

A. Right up the road here in a hotel.

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Q. And how long did that interview take?

A. About three hours.

Q. So they interviewed you for three

hours?

A. Mm-hum.

Q. And did you tell them -- that ABC

team -- did you tell them the story that you

have put forward here today under oath?

A. Yes, I have.

Q. And this -- with this kind of

detail --

A. Correct.

Q. -- about the presence of that 20th

Special Forces Unit --

A. Correct.

Q. -- in Memphis? And was any of that

interview -- any part of that interview used

on that documentary?

A. No. I was shocked when it wasn't.

Q. Not -- not one second of that

interview --

A. Not one second, no.

Q. -- was used. And do you have any

idea why it wasn't used?

A. Well, after the interview, a few days

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later, I received a phone call from an old

friend of mine in FBI counter intelligence.

And he said, I thought your press days were

over. And I said, well, what are you talking

about? He says, M.I. knows everything that

you're doing with ABC, and that's military

intelligence. So, evidently, DIA was and may

still be keeping an eye on me. And they

didn't -- who knows. If they didn't want it

used, it wouldn't have been used.

Q. So this clearly implies that there

was some -- appears to have been some

collaboration between ABC and

intelligence. Or at least to the extent that

your --

A. Their knowledge --

Q. Their knowledge.

A. -- was out, yes. They had called it

a leak, you know. But somebody knew, yes.

Because, again, this guy didn't just call me

out of the blue. They sent me a message.

And I soon after left the country.

Q. You left the country after that?

A. Yes, I did.

Q. You felt that that was the prudent

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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thing to do in terms of --

A. Well, I'm tired of being a target,

you know. I mean, they tried too many times

to get me. And I've learned over the years

that if you want to disappear, you leave the

country for an extended period and you come

back and set up in a different place and they

got a cold trail.

Q. How long were you gone when you left

the country?

A. Several months. In fact, I went to

Russia just to piss them off.

Q. But coming back to the absence of

your -- your information and your

recollection on the ABC program, there would

have been no basis for them to --

A. None.

Q. -- challenge your credibility because

they had used you --

A. Oh, yes.

Q. -- so many times before and tested

it.

A. Correct.

Q. And they knew you very well.

A. Correct. Several people at ABC,

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Karen Burns, people like this, they all know

me. They know my credibility. They've done

too many stories on me. I was the source for

too many of their stories while I was in

Washington for nearly two years.

Q. So there has to be another reason --

A. Yes.

Q. -- for their failure to use that

story. Jack, we just -- we're coming to the

end here, and we have moved along quite

well. I'd just like to know that in the 20

odd years or so that's intervened since J.D.

Hill told you about him being trained and

being a part of the unit that was under

orders to kill Martin Luther King, Jr., if

you -- if you have developed any reason to

question what J.D. was telling you -- any --

anything at all that -- that would lead you

now to disbelieve what he was saying to you

then --

A. No. None. Nothing whatsoever. I

mean, then, now, whatever -- in fact, I

probably would believe it more now than I did

then, you know. Because just the time line

and the way things -- you know, you can look

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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back and see things. But probably time has

reinforced what he told me more than, you

know, him just telling me then, which I

believed then because we were that close.

Q. So do you now with all of -- all of

this consideration and all of your conscience

believe that your old friend J.D. Hill was a

part of a 20th Special Forces Sniper Unit

that was on a mission to kill Martin Luther

King on the 4th of April, 1968?

A. Well, if this was a death bed

confession, I wouldn't change a word. Yes,

of course I believe it.

Q. Okay. No doubt at all?

A. No doubt.

Q. Okay. Thanks very much.

A. Sure.

UNIDENTIFIED SPEAKER: The time

is 3:45 p.m. We're off the record.

(End of video deposition.)

THE COURT: Okay. Let's take a

short break.

(Brief break taken.)

THE COURT: Bring the jury out,

please, sir.

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THE SHERIFF: Yes.

(Jury In.)

THE COURT: Ready, Mr. Pepper?

MR. PEPPER: Your Honor,

plaintiffs call Mr. Louis Ward to the stand.

LOUIS WARD,

Having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good afternoon, Mr. Ward.

A. Good afternoon.

Q. Thank you for coming here today and

helping us in this case.

A. You're welcome.

Q. Would you please state your full name

and address for the record.

A. Louie Ward, 2440 Cardigan Drive,

Memphis, Tennessee. That's 38119.

Q. And what do you do presently,

Mr. Ward?

A. Roofer presently.

Q. I know you -- are you involved in

roofing activity part time or full time?

A. Well, part time now. I have full

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time for about 36 years, but I'm just part

time now. My boy now is kind of handling

most of it.

Q. What did you do previously in

addition to being a roofer?

A. Well, I was security police for the

Government for about 22 years. Of course, I

done -- drove a taxicab part time.

Q. Where did you work in security police

work?

A. Out at the Army Depot.

Q. I'm sorry?

A. At the Army Depot.

Q. The Army Depot. And where was that?

A. Out on Airways Boulevard.

Q. I see.

A. 2163 Airways.

Q. So you held that position for how

long?

A. 22 years in the security police, and

then the last eight years I was a roofer out

there.

Q. And in addition to that you said

you -- you also drove a taxicab part time.

A. Yes, I sure did.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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Q. And for which company did you drive a

taxicab?

A. Well, I drove for both companies. Of

course, I drove for Yellow most of the time.

Of course, there was about -- when I first

came to Memphis, I came to take a course in

watch making. And I started driving a cab in

order to have some money coming in. I done

that for three years, and then I found other

jobs, and I just drove part time then for

several years.

Q. Right. And in 1968 which company

were you driving for?

A. Yellow.

Q. You were driving for Yellow?

A. Mm-hum.

Q. Mr. Ward, could you come forward a

bit, a little closer to the microphone so

everyone can hear.

A. Is that better?

Q. Yes. Can you pull your chair

forward, please, just a little bit.

THE COURT: That's good.

Q. (BY MR. PEPPER) Okay. I think that

will be better. Thank you. You were driving

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for Yellow Cab in 1968?

A. Yes, sir.

Q. All right. How often did you drive

for them?

A. Oh, most of the time about once a

week or sometimes twice a week. On my off

days out at the depot I would usually drive.

Q. Okay. Were you driving for Yellow

Cab Company on the 4th of April, 1968?

A. Yes, I sure was.

Q. And were you driving for Yellow on

the evening of April 4, 1968?

A. Yes, sir.

Q. Did you -- in the course of your

taxicab driving and duties, did you come to

know a driver named Paul Butler?

A. I sure did.

Q. And do you remember which car number

Mr. Butler was driving on the 4th of April,

1968?

A. 58.

Q. He was driving Car Number 58?

A. Yes, sir.

Q. Do you know how long Mr. Butler had

driven for Yellow?

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A. Several years because the drivers

that had drove a long time drove the new

cabs, and us drivers that just drove part

time drove the old cabs. So he had a new cab

that he -- at that time that he drove. So he

had been there for some bit.

Q. So -- so Mr. Butler had been driving

for Yellow Cab for a number of years.

A. Yes, sir.

Q. Did he always drive Car Number 58

or --

A. Well, he did until they were getting

another new cab. And, of course, when they

got another new cab, it would be a different

number. And he would always -- well, you bid

on your cabs according to your seniority. So

he would -- when the new ones come out, he

would be able to get a different cab. 58, he

had drove it for about -- I guess it was a

couple of years old or something like that,

that he drove all the time.

Q. Did he have a particular route that

he drove on?

A. He -- well, of course, he got

different calls here in the city. But mostly

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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he played the airport -- what we call

"played the airport." In other words, he --

Q. Drove the airport route?

A. Mm-hum.

Q. Now, did you see Mr. Butler on April

4, 1968?

A. Yes, sir, I sure did.

Q. Did you ever see Mr. Butler again

after April 4, 1968?

A. No, sir, I sure didn't.

Q. Now, would you tell this Court how

you saw Mr. Butler and when you first heard

from him and how you saw him on April 4,

1968.

A. Well, I was sitting at Quince and

Kirby in a service station. I called and

reported where I was sitting waiting on a

call. And I heard Paul come in on the radio

and -- well, I couldn't hear him, but he

talked to the dispatcher. And the dispatcher

called his name, that's the reason I knew he

was talking to Paul. And I heard him say,

I'll send an ambulance. And so --

Q. You heard the dispatcher say "I'll

send an ambulance"?

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A. Send an ambulance, yeah. And so I

knew then that somebody had gotten hurt. I

didn't know whether it was another cab driver

or not. And then the dispatcher -- he

started repeating what Paul said. He said,

you mean that Dr. Martin Luther King has been

shot? And he said yes. And he said, well,

I'll send an ambulance. And he said, I don't

believe an ambulance can help him. Because

he would repeat it back so I knew what he was

saying. And he said, well, I'll send an

ambulance anyhow and send the police.

He told him -- he says, when you

call the police, tell them that the man who

shot him is headed towards the squad car just

sitting about a half a block north towards

the hotel.

Q. Now, let me back you up a little

bit. How are you hearing this conversation?

Is the dispatcher repeating what he's

hearing?

A. He was repeating, yes, sir. He was

repeating what Paul was saying.

Q. And what did he say? What did he

repeat that he heard Paul broadcasting?

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A. Well, he had -- he just repeated that

Dr. Martin Luther King had got shot and

then -- of course, he repeated that he would

send an ambulance and send a squad car and --

call the police rather. And that's whenever

Paul came back and told him there's a squad

car sitting north -- about a half a block

north of the motel. And that the man who

shot him was heading towards the squad car.

And -- of course, when he -- well,

he -- of course, I went out and talked to him

later on and got the message good of what he

was saying.

Q. Let's move -- let's move to that. So

you heard this exchange on the radio.

A. Yes, sir.

Q. What did you do after that?

A. Well, I told the guy at the service

station -- I said, Martin Luther King just

got shot. He laughed at me. He said, you

see that box sitting up on the pump? He

said, that would be the first thing that come

on it. And I said, no. I said, he just got

shot. It would have to go to where that box

is coming from before you get it. I headed

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from there to my home which at that time was

4935 -- 3549 Kay, which is about two -- two

and a half miles.

And I drove in and told my wife the

same thing. And she had the television on.

She said the same thing. Well, I was there

about two minutes when it came on that he had

been shot but not serious. And I said, well,

the guy said that it looked like he had a

stick of dynamite in his mouth. It blew his

jaw off and part of his vertebrae is out of

his neck. And I said, he's going to the

airport and there's no calls coming in, so

I'm heading to the airport. So I did. So I

went out there, and there's where I found

Paul out there, so --

Q. You then drove to the airport --

A. Yes, sir.

Q. -- and looked for Paul?

A. Yes, sir.

Q. And you found him?

A. Yes, sir. He was sitting out there.

Q. And did you -- did you talk to him?

A. Yes, sir, I sure did. Because I --

you know, I was interested in knowing just

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exactly what happened. So -- of course, what

he told me, that the passenger that he picked

up he believed knew something about it. Of

course, he said I was looking -- I was

loading stuff in the trunk. And there was so

much stuff, I could not get it all in my

trunk, had to put some in the back seat.

While I was placing it in the trunk,

he said, I was looking in the direction where

the guy was going to shoot. Before the shot,

he punched me and said, look up there,

Dr. Martin Luther King is standing up there

by himself, not a soul with him. He said,

that's something you don't usually see. And

as I raised up and looked, that rifle

popped -- it didn't sound like a rifle, it

sounded like two boards clapped together.

And he said, I seen his jaw and part of his

neck blowed away. It was like he had a stick

of dynamite in his mouth. He said, as I

wheeled and looked, I seen a cluster of smoke

coming up out of the bushes, and then I seen

the guy come running up. He didn't have no

rifle. But he said, I know that he is the

one that had to shoot him. And then he

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headed towards the -- headed north towards

the squad car.

And, of course, we thought the

police had picked him up. Because it was a

black and white squad car. Of course, the

black and white squad car at that time takes

care of traffic. The blue squad cars was

really the police. But this was a black and

white squad car. But we thought they had

picked him up. So he told the dispatcher.

He said, did you hear the tires were

squealing? And he said, yes, I could hear

the tires were squealing.

Q. So he's telling you that after the

shot he saw a man come out of the bushes --

A. Yes, sir.

Q. -- run up north on Mulberry Street --

A. Yes, sir.

Q. -- and get into a squad car -- a

traffic --

A. Traffic squad car, black and white,

mm-hum.

Q. Which was parked where?

A. He said about a half a block north of

the motel.

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Q. And then what happened to that car?

A. Well, he said they headed north. We

thought he picked -- well, he come back on

the radio and said the police has picked him

up and they headed north with him. You could

hear the tires were squealing. So we thought

the police had already picked up the guy that

done the shooting.

Q. I see. So both you and Mr. Butler

had thought that the police had apprehended

the shooter.

A. Yes.

Q. What happened next? Did any police

come out to the airport?

A. Yes. While I'm standing there

talking, a squad car drove up with a

lieutenant and a patrolman. They got out.

Well, I didn't see the squad car as it drove

up. But they walked up as I was talking to

Mr. Butler. And the lieutenant had a pad.

So he had taken the same report that

Mr. Butler had gave me and the rest of us --

because there are several of us cab drivers

standing around.

And the lieutenant wrote the report

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down that he had and told him that they would

be back in contact with him. So they got in

the squad car and left after they got the

report.

Q. So they took a report from Mr. Butler

and they -- they left. Where were you

standing when that report was being taken?

A. Oh, probably -- when they came up, I

was standing up next to him. When they came

up, I backed away, probably 3 or 4 feet out

of their way, where they would have plenty of

clearance. But I was close enough that he

gave them the same report that he gave me.

Q. You overheard this report being

given?

A. Yes, sir.

Q. All right. Then what happened next?

A. Well, they called -- the dispatcher

called him to come in to the headquarters.

We have a headquarters. Said he was wanted

down there. Well, later on that night, not

too much later, I was in town and drove by

the cab company and there was several squad

cars down there. And I figured that they

were, you know, taking some more reports.

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And then I found out later that he was

supposed to be at court at 9 o'clock the next

morning.

Q. He was supposed to give a

statement --

A. Yes, sir.

Q. -- the next morning? And how many

squad cars were around Yellow's offices that

night?

A. There were several. I would say

seven or eight. Might have been more, might

have been five or six. But I just noticed

there were several squad cars sitting there.

I didn't count them.

Q. Seven or eight Memphis Police

Department cars around Yellow's headquarters

that night?

A. Yes, sir.

Q. Okay. You didn't see Mr. Butler at

that time, did you?

A. No, I sure didn't. I didn't go in.

I just drove by and seen it. There were so

many squad cars down there, I just pulled on

because I didn't --

Q. What time did you get home that --

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that evening on the 4th of April?

A. I was -- I drove all night that

night. I was the only cab driver that drove

all night that night. And -- but I stayed

out there. And, of course, I seen police

heading out there. And, of course, they had

a curfew. Everybody was in. They called the

cabs in. But I just stayed out there and

drove because I had plenty of business, and I

stayed out there and drove all night that

night.

Q. Right. You drove all night and you

went in -- went home the next morning?

A. Next morning, yes, sir.

Q. When did you next go to Yellow Cab's

offices, Mr. Ward?

A. It was about two weeks. Because,

see, they -- I was security police out at the

time out at the Depot. My wife -- when I got

home, she said there had been a call for me

to come out there. So I went out there, and

we stayed on duty 24 hours a day for a whole

week -- all of the security people did. And

then it was about two weeks.

Q. It was about two weeks before you

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reported back to Yellow --

A. Yes.

Q. -- to go to work?

A. To drive a cab.

Q. And would you tell us what happened

when you reported to work at that time?

A. Well, I was out at the airport and

picked up a gentleman. And he was -- of

course, he was with the FBI. I mean, we had

had dealings with him out at the airport, and

I knew him when I picked him up. So on the

way in, I asked him -- I said, what are you

doing in town? And he said, who am I talking

to? So I raised my cap up. And he said,

Mr. Ward, what are you a policeman or a cab

driver? And I said, well, I don't make money

like the FBI. I have to be both guys. So

we, you know, laughed about it.

He said, you know why I'm in town so

why do you ask? And I said, well, I figured

that's why you're in here, but I'm just

wondering. And he said that's -- well,

that's why I'm here. And, of course --

Q. Then did you go into -- into Yellow's

offices?

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A. No, I brought him on down to the

motel is where I brought him. I brought him

to the Peabody Hotel is where I --

Q. When was the next time you actually

went into the offices and --

A. Oh, it was -- well, I went into the

office when I first came back to work. I

went in then. That's when I -- I asked him

about Mr. Butler.

Q. Who did you ask about Mr. Butler?

A. There was four or five cab drivers

standing around talking. And I just asked

them. And that's when they told me -- I

don't even remember which one told me. But

he said he had been throwed out of a high-

speed automobile between Memphis and West

Memphis. And they found him about 10 o'clock

the next day.

Q. They said he was thrown out of a

high-speed automobile. When was he thrown

out of that automobile?

A. The next -- the next morning. They

said they found his body about 10 o'clock or

10:30 the next morning. He was supposed to

have been in court at 9 o'clock that morning

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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and he wasn't there. They found his car

there at the cab company. And -- but he

wasn't -- he wasn't -- never made it to

court. But then about 10:30 they said they

found his body between Memphis and West

Memphis.

Q. They found his body between Memphis

and West Memphis?

A. On the old -- on the old highway. Of

course, they didn't have the other highway at

that time. It was just --

Q. Would it have been the old -- the old

bridge or was it off the bridge?

A. From what they said, it was off the

bridge. They said between Memphis and West

Memphis so I figured it was probably

somewhere along that straight stretch that he

was throwed out.

Q. And did they say what car he was

thrown out of?

A. No, sir, they just --

Q. Just said he was thrown out?

A. A high-speed car. They just found

his body. And they said he had been throwed

out of a high-speeded automobile. And that's

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all I got. I got the paper. I thought I'd

read about it. And, of course, at that time

they had the Press Center and the Commercial

Appeal. And I went from page to page and

there wasn't never nothing put in the paper

about -- about it, so -- and --

Q. You never read anything in the

newspaper about it?

A. No, sir.

Q. About the death?

A. No, sir.

Q. Did you believe the story that you

were being told by your --

A. Well, yes. I didn't see him. Of

course, the boys -- I mean, they all walked

up and told me. Yes, I had no doubt not to

believe it. In fact, that's -- I never did

see nothing -- nobody else about it. I mean,

being he got killed, I didn't -- I wasn't

ready to go then, so -- I'm still not ready

to go, but I feel a little bit more better

now than I did then.

Q. Many years later.

A. Yes, sir, many years later.

Q. Did you ever tell this story to

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anyone?

A. Yes, sir. You know, didn't nobody

believe me. It was just like that guy I

talked to at the service station. I wonder

what he thought later on when it came on his

box, what he called it, what had happened.

But I told the people about it. And then a

year or so later say something about it, and

they never heard a thing about it. And I

said, you didn't believe me the first time I

told you, did you? So I just mostly kept it

to myself then.

Q. Did the -- did you ever tell this

story to the FBI?

A. Yes, sir. I -- well, I called -- his

name -- Mr. Pungetti (phonetic), I believe

was his name. He was a district attorney

here. And I read a piece in the paper where

he was so sure that James Earl Ray killed him

and he didn't want nothing else said about

it. So I called and I never could get to

talk to him. And, of course, Mr. Veasley --

he used to be my Sunday school teacher. I

got a hold of him. He was the Assistant

District Attorney at the time. And I asked

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him, can I talk to Mr. Pungetti? And he said

yes. So -- he said, I'll get you on with

him.

Well, I asked him -- I told him, I

said, I read what you put in the paper that

you were so sure that James Earl Ray killed

him and you didn't want nothing else said

about it. And I said, what makes you so

sure? And he said, well, what makes you sure

he didn't? And I said, well, I know he

didn't.

And -- so -- but you're so sure. I

said, was you driving the squad car that

hauled -- of course, he was a policeman back

at that time. I said, were you -- were you

driving that squad car that hauled the man

who shot him away? And he hung up on me.

Q. He hung up on you?

A. So I don't know whether he was

driving the squad car or not.

Q. An unanswered question. Have the

police ever questioned you or asked you about

this?

A. No, sir.

Q. Any government agency ever come to

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you and ask you about this?

A. No, sir. The only one I talked to

was the FBI that -- that I was -- I mean, I

knew him when I seen him. I knew him because

he had been out at the depot back when I was

in security. Well, of course, we had several

FBI's out there that would have things that

come up. So I just happened to know -- I

knew him when I seen him. And he was the one

that I brought in that -- and I never -- and

I never ever saw him since, so --

Q. So it's your testimony here today

that Paul Butler died being thrown out of a

high-speed automobile?

A. As far as I know he did.

Q. On the -- on the night of the

assassination of Martin Luther King on the

4th of April, 1968?

A. Well, they said about 10 o'clock the

next morning when they found him. In other

words, this happened late in the afternoon

that Dr. Martin Luther King got shot. And

this was some time the next morning. I don't

know what time he was throwed out of it. Of

course, he might have been throwed out that

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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night. But his car was found at the cab

company, and he couldn't be found at that

time because they had called around trying to

contact him.

And then at about 10:30 that's when

they said they found his body.

Q. They found his body the next morning?

A. Right, about 10:30.

Q. About 10:30. Some time prior to

that --

A. He was throwed out.

Q. -- he was thrown out of the

automobile -- high-speed automobile

supposedly. And you never saw him again?

A. No, sir.

MR. PEPPER: Thank you,

Mr. Ward. Nothing further.

CROSS-EXAMINATION

BY MR. GARRISON:

Q. Mr. Ward, you first called me a few

years ago and pretty much told me this same

version, didn't you, that you had tried to

tell the police about it and different ones,

but no one would listen to you?

A. Yes.

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Q. Basically. Let me ask you -- now,

when you were at the airport with Mr. Butler,

did you -- did he tell this same version to

the lieutenant and the other officers that

were there? You heard him tell them what had

happened?

A. Yes, sir. Because I was standing

there, and he told them practically the same

thing he did me.

Q. And he told them he had seen someone

get in the police car and leave and they were

escorted away in a squad car?

A. Yes, sir.

Q. And they were writing that down all

that time; is that right, sir?

A. Yes, sir.

Q. You had tried to make this known for

some several years, and no one would listen

to you, didn't you?

A. That's right.

MR. GARRISON: That's all I

have.

REDIRECT EXAMINATION

BY MR. PEPPER:

Q. Mr. Ward, an author recently -- well,

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the last year or so wrote a book establishing

James Earl Ray as the -- the killer in this

case in his view. Have you been interviewed

by any author who has published and who is

interested in this case?

A. No, sir, I haven't.

Q. You never told that story to anyone?

A. No, sir.

MR. PEPPER: Thanks very much,

Mr. Ward. Nothing further.

THE COURT: All right. You may

stand down, sir. You can remain in the

courtroom or you can leave.

(Witness excused.)

THE COURT: Call your next

witness.

MR. PEPPER: Plaintiffs call

Mr. Raymond Kohlman to the stand.

RAYMOND KOHLMAN,

Having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good afternoon, Mr. Kohlman.

A. Good afternoon.

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Q. Thank you for joining us.

A. Certainly.

Q. Would you please state your full name

and address for the record.

A. Raymond D. Kohlman, K O H L M A N.

And my office is at 7 North Main Street,

Attleboro, Massachusetts.

Q. And what do you do for a living,

Mr. Kohlman?

A. I'm an attorney.

Q. And where are you licensed to

practice law?

A. Presently in the Commonwealth of

Massachusetts.

Q. And have you, in the course of these

proceedings and in preparation for this

trial, assisted the plaintiffs with certain

investigative work?

A. Yes, I have.

Q. And would you tell the Court and the

jury what your assignment was in terms of

this matter.

A. I was asked to go to the public

library and to determine the listing for a

Betty Butler or a Paul L. Butler, either

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separately or together. During that

investigation, I found -- I did it from 1966

through 1970 -- those years in the Polk

reference books.

Q. Let me show you a page from Polk,

Page 210, 1966. Is that the page that you

photocopied from Polk for 1966?

A. I can't see it too clearly. But it

is a page because I put -- specifically put a

yellow marking on it.

MR. PEPPER: Let's -- let's do

this. Let's pass these up to Mr. Kohlman so

that he can look at them.

A. Yes, that's Page 210, 1966.

Q. (BY MR. PEPPER) Right. And would you

read the highlighted insert there?

A. It's Paul (Betty), driver, Yellow

Cab, H, which is the house, 339 East South

Parkway.

Q. Okay. That is the address of Paul

and Betty Butler in 1966 listed in Polk

publication, and Paul is listed as a Yellow

Cab driver?

A. Yes, sir.

Q. I'd like to show you the next page.

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A. This is, again, Polk. All these

pages would be from Polk. 1967. It's Page

158. The listing is for Paul -- again,

(Betty), and it is 2639 -- it doesn't give a

street. This street is -- it doesn't show up

here, Apartment P1.

Q. Okay. Let me ask you to look at

this.

A. This is from '68. It's Page 157.

And the listing is Betty L. (wid. -- which is

the abbreviation for widow -- Paul), branch

manager, Gridiron Systems, 2639 Central

Avenue, Apartment P1.

Q. May we have that back so we can zoom

in for the jury. That listing then is 1968,

and it shows Paul -- it shows Betty is a

widow -- listed as a widow of Paul.

A. Yes, sir.

Q. So for the first time we see Betty

listed as a widow of Paul Butler.

A. Yes, sir.

Q. Here's the next one.

A. This is Page 163 from 1969. And the

listing here is for Betty L. (wid., Paul)

branch manager, Gridiron System, 2639 Central

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Avenue, Apartment P1.

Q. This is another listing for the year

1969. Betty is still listed a widow of

Paul --

A. Yes, sir.

Q. -- at that point in time?

A. Yes, sir.

Q. Now, it's your testimony that you

extracted and copied each of these pages.

A. Yes, sir.

Q. Let me show you this, Mr. Kohlman.

Would you tell the jury what you're holding?

A. This is a request for a death

certificate that was submitted by me to the

Shelby County -- Memphis and Shelby County

Health Department. I went in there to seek

certification of the death of Paul L.

Butler. After the clerk went through 1968 --

and I just dealt with 1968 -- she determined

that there was no death certificate for that

year for Paul L. Butler, and she signed and

dated and gave her clerical number.

Q. Mr. Kohlman, did you also call the --

a similar agency of the State of Arkansas?

A. Yes. Because of where the body

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supposedly -- where the murder supposedly

occurred, the cab was found halfway between

here and Arkansas, wherever, I contacted --

actually, I went over to Crittenden County

Health Department. They don't keep records

back that far. They suggested I get a hold

of Little Rock Vital Records Department.

I did that yesterday morning and

spoke with -- I had to speak with a

supervisor, a Mrs. Carson. And she went

through -- she stated that she went through

the records for 1968 looking for

Mr. Butler -- Paul L.

Q. So is it your testimony then that you

could not find any official records of the

death of Mr. Paul Butler either in Tennessee

or in Arkansas?

A. Correct. There is -- as far as the

official records are concerned, Memphis/

Shelby County, no record of death for

Mr. Butler. And as far as Tennessee is

concerned, for 1968 there was no record of

Mr. Butler's demise.

Q. Thank you, Mr. Kohlman.

A. Thank you.

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MR. PEPPER: Nothing further,

Your Honor.

MR. GARRISON: Your Honor, I

have no questions.

THE COURT: You may stand down,

sir.

THE WITNESS: Thank you.

(Witness excused.)

THE COURT: All right.

MR. PEPPER: Your Honor,

plaintiffs have five minutes of film

testimony of a witness from California who

could not be here. We tried desperately to

get him here. He is a former newspaper

journalist for the New York Times. And it

was taken in the television trial

proceeding. He was cross-examined by former

U.S. Attorney, Hickman Ewing. In the

beginning he's giving testimony under direct

examination. We would like to play that.

And we also move at this time that

the documentation of Mr. Kohlman we covered

on -- for the plaintiffs be admitted into

evidence.

THE COURT: Any objections?

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MR. GARRISON: No, Your Honor.

THE COURT: All right.

(Whereupon said documents were

marked as Collective Exhibit Number 24.)

MR. PEPPER: The name of the

witness, Your Honor, is Mr. Earl Caldwell.

(Whereupon the videotape was

played for the Court and Jury.)

FROM THE VIDEO:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Back in April of 1968, for which

paper were you writing then?

A. I was writing for the New York Times.

Q. You were a New York Times reporter?

A. Yes.

Q. And were you given an assignment to

Memphis, Tennessee, in April of '68?

A. Yes, I was.

Q. And what was your -- what was your

assignment?

A. Well, at that time Claude Sitton

(phonetic) was the national editor of the

paper, and I was working as a national

correspondent. And I was told to go to

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Memphis, Tennessee. And we had a meeting.

And at this meeting he told me that he had

gotten information that Dr. King now had

people as a part -- that were a part of his

group that he couldn't control. Said he

could no longer control his people. And

that -- he explained some of that to me. And

I remember the last words were he wanted me

to go to Memphis and nail Dr. King.

Q. And now we're on the -- we're on the

last hour of Dr. King's life.

A. Right.

Q. And at 6 o'clock -- at 6 p.m., where

are you standing and what are you doing?

A. At that moment I heard what I was

sure was a bomb blast. I ran to the -- I ran

to -- into the doorway to see what happened.

Because I was sure the motel had been

bombed. As it happened, the first thing I

saw when I looked out the door was a figure

in the bushes directly -- I would say

directly across to the right of where I was

looking when I looked out.

Q. And what was that figure doing?

A. Well, I couldn't tell. He was doing

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something in the bushes. I didn't know what

he was doing. At that moment it was like he

was the key to what had happened in my mind.

Q. Has any FBI agent ever asked you what

you saw?

A. No. No one asked me ever. No FBI

agents, no local police, no authorities at

all.

CROSS-EXAMINATION

BY MR. EWING:

Q. How did you know to go to the

Lorraine Motel?

A. Because I had called ahead to

Memphis -- to the SCLC headquarters telling

them who I was. I wanted to know where he

was staying, and I was going to stay at the

same motel.

Q. Then would you have talked to them on

the 1st or the 31st?

A. Yes, I -- all those days.

Q. And you -- you found out from them --

A. Yes.

Q. -- that they were going to stay at

the Lorraine when they came to Memphis.

A. Yes.

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Q. Would you come over here and approach

this chart?

A. Right. Right.

Q. Point to where you say you were

staying at the hotel -- or motel.

A. (Indicating) I would have -- I think

my room would have been about like right in

here or something like that.

Q. So you come to the door when you hear

the bomb blast and you're standing there in

your shorts --

A. Right.

Q. -- and you look --

A. Right.

Q. And where do you say this man was in

the bushes?

A. He was right here in the heavy part

of the bushes. These bushes, mind you -- I

say "bushes." They were pretty high. They

were really high. They were like -- they

weren't bushes. You say bushes, like knee-

high. They're much higher than that.

Q. Could you stand right over here so

everybody can see you. Would you describe

what you saw the man do. In other words, get

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down there and let's go through what you say

you saw out there.

A. Well, okay. I -- mind you, there are

these bushes there. And I -- when I'm seeing

this guy for the first time, he's in some

kind of a position. But I can't tell whether

he's like this or whether he's like this or

whether he's like this. I really don't

know. But he was in some kind of a position

that was not a stand-up position.

Q. Okay. Did you see him with a gun?

A. No.

Q. So when you see him and he's in the

bushes, is he twisting toward this way or is

he --

A. No.

Q. -- twisting this way?

A. When I seen him first, he was looking

at something over towards --

Q. Towards the motel?

A. Towards the motel, yes, right.

Q. Did he look up when he twisted?

A. He was still looking over to the

balcony.

Q. Was this man white or black?

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A. He was white.

Q. What was he wearing?

A. I don't know. I thought it was some

kind of a coveralls or something. I said --

in my notes I said I thought he was in

coveralls or something like that. I couldn't

really be sure.

Q. Over the years, up until recently,

you -- were you aware that the House

Committee looked into this?

A. Yes, I was.

Q. And did you -- did you offer to tell

them what you saw?

A. I didn't think it was my place to

offer to them. But I did write in the

newspaper and saw to it it was published --

what I knew and why I knew it.

MR. EWING: Thank you.

MR. PEPPER: Your Honor, that

being the last witness available to the --

(End of the videotape portion.)

MR. PEPPER: Plaintiffs move

admission of that testimony.

THE COURT: Any objection?

MR. GARRISON: I don't have any

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objection.

THE COURT: All right.

(Whereupon said videotape was

marked as Trial Exhibit Number 25.)

MR. PEPPER: Plaintiffs next

witness will take a little bit of time, Your

Honor. Would the Court like to break?

THE COURT: Okay. We'll break

for lunch and resume at 2:30.

(Lunch Recess.)

THE COURT: Bring the jury out,

please, sir.

THE SHERIFF: Yes, sir.

(Jury In.)

THE COURT: All right. We're

ready.

MR. PEPPER: Yes, Your Honor.

Plaintiffs call their first witness, Mr. Roy

Grabow.

ROY A. GRABOW,

Having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good afternoon, Mr. Grabow. Thank

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you for coming all this way up from

Mississippi to be here.

A. Thank you.

Q. Would you state your full name and

address for the record.

A. Roy Allen Grabow.

Q. Would you please pull up a bit in the

chair there.

A. Roy Allen Grabow.

THE COURT: Spell your last

name, please.

THE WITNESS: G R A B O W.

THE COURT: Thank you.

THE WITNESS: Thank you.

Q. (BY MR. PEPPER) And what is your

address, please.

A. 1206 Church Street, Boonville,

Mississippi.

Q. And we're taking you somewhat out of

turn, Mr. Grabow, because of an illness of

your -- your wife.

A. Right.

Q. Can you tell the Court what is --

what is the problem -- medical problem?

A. From a car wreck.

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Q. And what is her present physical

condition -- Glenda Grabow's present physical

condition?

A. Her rib is cracked, broke, and it's

pressing against her and she's bleeding

internally a little bit.

Q. Has she been instructed not to be

transported here?

A. Yes, sir.

Q. What I'd like to do is move ahead

with you in this testimony to the extent of

your personal knowledge.

A. Yes, sir.

Q. What you know, not what you have been

told or know from her but what you know

personally.

A. Right. Yes, sir.

Q. Did you live in Houston, Texas, with

your wife in the early 1960's?

A. Yes, sir, I did.

Q. And at that time when you were living

in Houston, Texas, what was the -- where was

the area where you resided?

A. Around Hobby Airport.

Q. Around the Hobby Airport.

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A. Yes, sir.

Q. And at that time did you see a -- an

individual who has been described in these

proceedings as -- as Raul?

A. Yes, I did.

Q. Let me, just for the purposes of

identification, show you a spread of

photographs. Do you see a likeness of Raul

in -- amongst those images?

A. Yes, I do.

Q. Which one is Raul as you knew him?

A. Number 4.

Q. Number --

A. 4.

Q. Number 4.

A. Yes, sir.

Q. Second hand --

A. Middle one on the right, yes, sir.

Q. Thank you. Where did you see this

person in Houston?

A. Oh, where I used to gas up on the --

the service station where I used to gas up at

on College Street.

Q. Did your wife also -- to the best of

your knowledge, did your wife also know this

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person and become acquainted with him?

A. Yes, she did.

Q. All right. Mr. Grabow, I'm going to

show you two affidavits that have been

executed before a notary by Glenda Grabow and

ask you if you were present when these

affidavits were sworn -- written and sworn by

your wife.

A. Yes, sir.

MR. PEPPER: Okay. I'll move

their admission, Your Honor.

(Whereupon said documents were

marked as Trial Exhibit Number 26.)

Q. (BY MR. PEPPER) I'm going to show you

a series of photographs and ask you if you

recognize the individuals and/or the places

here. Do you recognize the two people in

that photograph?

A. Yes, sir.

Q. And who are they?

A. Amaro and my daughter, Connie.

Q. That's your daughter Connie on the

right, and the other man is --

A. Amaro.

Q. Amaro. And to the best of your

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knowledge, what is the relationship between

Amaro and Raul?

A. Either a cousin or an uncle. I'm not

real certain, but it's one of the two.

Q. Some relative, cousin or another.

A. Yes.

Q. Did you see much of Amaro?

A. Quite often.

Q. Quite a bit?

A. I knew him quite well, yes.

Q. All right. I'm going to show you

another photograph. Get these photographs

right. Who are the people in this

photograph?

A. That's my daughter, Connie, on the

right, me, Amaro and my wife Glenda.

Q. Let's eliminate any confusion. Where

is your daughter Connie? Is this --

A. That's Connie.

Q. This is your daughter Connie. And

this is you?

A. That's me.

Q. This is --

A. My wife, Glenda, and Amaro.

Q. And this is Amaro here. Where was

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that taken, do you know?

A. Tokyo Garden.

Q. I'm sorry.

A. Tokyo Garden.

Q. Tokyo Garden?

A. Restaurant, yes.

Q. Where is that?

A. Houston, Texas, in west town.

Q. And about what time was that

photograph taken?

A. You mean date or --

Q. Yes, the approximate date.

A. It was in -- probably about '73.

Q. It was in the early 70's?

A. Yes.

Q. Do you recognize that building?

A. Yes, I do. Yes, I do. It belongs to

Felix Tareno.

Q. It -- or it belonged to --

A. Well, yes.

Q. -- then Felix Tareno.

A. Yes.

Q. Had you ever seen the person whose

been identified as Raul on those premises?

A. Yes, I have.

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Q. Where have you seen him on those

premises?

A. On the porch.

Q. On the porch. Was that building

the -- to the best of your personal

knowledge, was that building the scene of

some unpleasantness involving your wife --

A. Yes, it was.

Q. -- and Raul?

A. Yes, sir.

Q. It was.

A. Yes, sir.

Q. Was there a time when you and your

wife went together to visit Attorney Percy

Foreman?

A. Yes, there was.

Q. Where did you visit Attorney Foreman?

A. Where? At his office.

Q. At his office?

A. Yes.

Q. And what was the purpose of that

visit?

A. I hired him for my brother.

Q. Sorry.

A. I hired him for my brother.

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Q. Your brother had a --

A. Case, yes, sir.

Q. Had a case. And when you went into

Attorney Foreman's office, did you notice

anything of particular interest concerning

this case?

A. They -- they had some books and

papers in the office pertaining to it, yes,

sir.

Q. Pertaining to Mr. Foreman's

representation?

A. Yes. Yes.

Q. And did your -- did Attorney Foreman

give your wife a drawing of himself?

A. Yes, he did.

Q. And was that drawing signed by him?

A. Yes, it was. To her from him.

Q. Right. And the subject of your --

of -- of your visit and the relationship with

Foreman is covered in these affidavits sworn

by your wife?

A. Yes.

Q. Is that right?

A. Yes, sir.

Q. Now, when did you leave Houston,

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Texas, and move to Mississippi?

A. When -- we come down in 1980, stayed

for six months, sold my house in Houston.

And went back to Houston, finalized it, and

moved to Mississippi in '81 -- 1981.

Q. Mr. Grabow, why did you leave

Houston, Texas?

A. Threats.

Q. Sorry.

A. Threats. Mr. Foreman said to get out

of town or we would be dead within a year.

Q. Let's back up on that again. There

were threats to you?

A. Threats to my wife and me.

Q. Threats to your wife and you?

A. Yes.

Q. And Mr. Foreman told you what?

A. To get out of town within a year or

we would be dead.

Q. Get out of town within the year or

you'd be dead?

A. That's right.

Q. Who wanted to kill you and your wife,

Mr. Grabow?

A. Well, I don't know. From what he

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told my wife, it was from Raul.

Q. What did that all have to do with,

these threats? Do you know what all that had

to do with?

A. What do you mean?

Q. What was behind the threats? What

caused the threats?

A. My wife --

Q. From your knowledge, what was behind

it?

A. I don't really know. From what --

this is what my wife knows -- most of it.

Mine would just be what I know from her.

Q. Well, we're not going to ask you to

testify about that.

A. But I know it was pertaining to Raul

and the Ray case.

Q. Something to do with Raul and the

Ray case?

A. Right. I know that much.

Q. Did there come a time in Houston,

Texas -- after you left you sold your house

and -- finally in what year?

A. In -- we finally sold it in '81.

Q. 1981?

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A. Yes, sir.

Q. Did you go back there in subsequent

years to Houston at all?

A. Yes.

Q. To visit?

A. I went down and worked for a while on

account of my daughter, Connie. She had a

lot of problems -- medical problems. I went

back to where a good hospital was.

Q. All right.

A. I worked down there for about five or

six months on a job that --

Q. At one point later on when you were

living in Mississippi, did you become aware

again of the man you've identified as Raul?

A. Yes, sir.

Q. And how did that happen?

A. My wife called him and talked to him.

Q. Your wife called him and talked to

him. How did your wife get his telephone

number? How did she become aware of where he

was?

A. Look in the phone book, called

information to find him.

Q. How did she know which phone book to

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look in? Did someone show her some

information, or how did she become aware of

his presence and where he was living?

A. I don't know exactly. I don't know

exactly.

Q. But somehow she became aware --

A. Yes.

Q. -- of his presence.

A. Right.

Q. And somehow she obtained his phone

number.

A. Right.

Q. But you weren't present when she did

that, or you don't know exactly how she

obtained it.

A. No.

Q. Okay.

A. There was some things she kept from

me.

Q. You testify to what you know, please,

sir.

A. Yes, sir. That's what I'm doing.

Q. Now, Mr. Grabow, I'm going to show

you an original telephone bill dated the 5th

of May, 1995.

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A. Yes, sir.

Q. Is that your telephone bill?

A. Yes, it is.

Q. For that period of time?

A. Yes, sir. Yes, it is.

Q. It has your phone number on there?

A. Yes, sir.

Q. Do you see a telephone call made on

the 20th of April?

A. Yes, I do.

Q. What time of day was that call made?

A. What time of day? 12:54 p.m.

Q. And how long was that call?

A. Six minutes.

Q. Were you present when that call was

made?

A. Yes, I was.

Q. And who was that call made to?

A. Raul in Yonkers, New York.

Q. And who made the call to Raul?

A. My wife, Glenda.

Q. I'm not asking you to comment on even

one side of the conversation. Did you have

the impression that this telephone call --

that the parties speaking on this telephone

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call, one of them was your wife, knew the

other party?

A. Oh, yes.

Q. That they were familiar?

A. Yes, sir.

Q. Would your wife ever talk on the

telephone with someone for six minutes she

didn't know?

A. No.

Q. Or didn't know her?

A. No. She didn't like to talk on the

phone anyway. Very seldom.

Q. But in this instance she was talking

on the phone for six minutes.

A. Yes, sir.

Q. That's the second longest call on

this -- on this bill, isn't it?

A. Yes, sir.

Q. I'm going to show you a copy of this

bill, and we've blocked out Raul's telephone

number.

A. Okay.

Q. I would like you to compare the copy

with the original and tell us whether they

are identical except for the redacting of

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Raul's telephone number.

A. Yes, they are.

Q. Well, please, would you look at all

of the pages.

A. Oh, all of the pages. Okay. Yes,

sir.

MR. PEPPER: That being the

case, Your Honor, plaintiffs move the

admission of the copy with the redacted

telephone number.

THE COURT: All right.

(Whereupon said document was

marked as Trial Exhibit Number 27.)

Q. (BY MR. PEPPER) Mr. Grabow, have any

investigators -- official investigators of

the United States Government or any police

authority discussed with you or your wife

information that you may have about this man,

Raul?

A. About -- lately or --

Q. At any time.

A. No. I think the -- the men from

homicide in Memphis here came down to talk to

us one time.

Q. Somebody did come down?

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A. Yes, sir.

Q. How long ago was that?

A. Last year.

Q. Did you tell or did your wife tell

everything --

A. Yes, she did.

Q. -- that she knows about this?

A. Yes, she did.

Q. Did you hear anything further --

A. No.

Q. -- with respect --

A. We have come back up and talked to

them because some of the things she said was

changed on the affidavit. She made an oral

affidavit. And when he typed it out and

showed it, we had to change a lot because

some of the things was changed on there.

Q. The statement that she gave was not

the same statement that was printed that she

was asked to sign?

A. Yes, some things were.

Q. It was different?

A. Yes, some things.

Q. Did you effect those changes? Did

you make -- ensure that they made those

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changes?

A. What we could. What we could, yes.

It took so long. She don't read so fast.

And it was taking an awful long time for her

to. So we changed what she could.

Q. This Court has heard evidence that

your wife has given a lengthy, almost auto-

biographical, statement to an English film

producer, Jack Saltman. Do you know that

that's the case?

A. Well, it's -- I don't know what it

was. If I understood it -- we thought we was

working with a lawyer and stuff. And she

talked to him a long time. And I think they

was trying to make some kind of movie deal or

something. I don't know what it was.

Q. So they took a statement?

A. Yes, they did. Yes, they did.

Q. You thought you were working --

A. Yes, sir.

Q. -- with whom?

A. I thought we were working with the

lawyers for -- attorneys for --

Q. Attorneys for whom?

A. The Rays. I don't know. Ray's

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attorneys, I guess. What we understood is

they just kept running us around keeping us

away from him.

Q. And that went on for a period of

time, didn't it?

A. Yes, it did.

Q. But your wife has discussed with you

all of these events and everything that she

knows at this point in time.

A. Oh, yes.

Q. I'm not going to ask you to say what

these are, but she has discussed these things

with you.

A. Yes, she has.

Q. And whatever it is she has told you

and has discussed with you, has she ever

changed her story over all these years --

A. No.

Q. -- in terms of what has happened to

her?

A. No.

Q. And what has happened to her is

reflected in these affidavits that we have

put into evidence?

A. Right. There are no changes.

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MR. PEPPER: No changes. Thank

you very much. Nothing further.

CROSS-EXAMINATION

BY MR. GARRISON:

Q. Mr. Grabow, would you tell us if the

gentleman who came from Memphis to talk to

you and Mrs. Grabow was a gentleman named

Mark Glankler? Does that sound like his

name? Last year --

A. Glankler?

Q. Yes, sir.

A. I don't think so.

Q. Someone did come and talk to you and

Ms. Grabow from Memphis?

A. Yes.

Q. Now, you called me several years ago

and told me that your wife had some

information and you had been unable to get

her to come forth.

A. Yes, I did.

Q. And you came and talked to me about

it.

A. Yes, sir.

Q. You and your wife.

A. Yes, sir.

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Q. Let me ask you, during the time that

you were around this Raul and -- what's his

name, Amaro?

A. Amaro.

Q. Did they ever mention the name of

Loyd Jowers to you? You never heard of that

name, did you?

A. No, sir.

Q. And Mr. Foreman never mentioned the

name of Loyd Jowers, you never heard of him?

A. No, sir. First time I heard it was

when we seen a little piece in the paper and

we called you.

Q. Okay. When your wife talked to this

Raul -- I'm not asking you what she said --

but did she seem pretty sure that that was

the person that she had seen back in the

60's? Was it pretty certain through the

whole conversation that it was the same

person?

A. She was very certain.

Q. She was very certain it was?

A. Yes, sir.

Q. Did they talk about things that

people who have known each other a long time

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would talk about?

A. I didn't stay in the room that long.

But when she started out talking to him, she

knew him real well.

MR. GARRISON: That's all.

THE COURT: All right, sir. You

may stand down. You can remain in the

courtroom or you're free to leave.

THE WITNESS: Thank you, sir.

(Witness excused.)

MR. PEPPER: Plaintiffs call

Mr. John Smith.

THE COURT: Would you all come

up here a minute.

(A bench conference was held at

sidebar outside the hearing of the jury.)

JOHN C. SMITH,

Having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good afternoon, Mr. Smith.

Mr. Smith, could you please move forward to

the microphone. Thank you for coming here

this afternoon. I know you have been

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hospitalized, and that's why we're calling

you way out of turn in terms of your

knowledge of facts -- particular facts in

this case. We are grateful for you to come.

Would you state your full name for the

record, please.

A. John Charles Smith.

THE COURT: What is it again,

please, sir.

THE WITNESS: John Charles

Smith.

THE COURT: John Charles Smith.

Thank you, sir.

Q. (BY MR. PEPPER) And have you been a

resident of Memphis for many years?

A. Well, about nine now.

Q. You were away for a period of time?

A. Yes.

Q. Where are you from originally,

Mr. Smith?

A. Memphis.

Q. Memphis. And when did you leave

Memphis?

A. As a kid. I grew up in Los

Angeles -- in Oakland.

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Q. All right. And when did you come

back to Memphis?

A. '67.

Q. 1967. How old were you in 1967 when

you returned to Memphis?

A. 25.

Q. Did you join a group called the

Invaders at that point in time?

A. Yes.

Q. Or become associated with them?

A. Yes, more -- more --

Q. And were you active with the Invaders

during the time of the Sanitation Workers'

Strike?

A. Yes.

Q. And during the time when Dr. King

came to Memphis?

A. Yes.

Q. And along with Charles Cabbage and

Covey Smith and others?

A. Yes.

Q. Now, were you at the Lorraine Motel

in April -- on April 4, 1968?

A. Yes, I was.

Q. Would you -- would you tell us when

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you came to the motel.

A. It had to be around 6 -- between 6

and 6:30.

Q. Was that when you arrived at the

hotel or when you -- how long had you been at

the hotel during that day? Let me give you a

benchmark for your -- your movements.

Dr. King was assassinated at 6:01.

A. Right. Well, then I had been around

the Lorraine most of the day off and on.

Q. So you had been around -- prior to

the assassination around the hotel?

A. Yes.

Q. And where were you when you were at

the hotel? Do you recall where you were most

of the time?

A. In the lobby.

Q. In the lobby?

THE COURT: Excuse me just a

minute, Mr. Pepper. There's a beeping going

on some place. Does anyone know the source

of it? I just heard it.

MR. PEPPER: I did hear

something, Your Honor.

THE COURT: There it goes

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again. Okay. You may proceed.

Q. (BY MR. PEPPER) So you were around

the hotel most of the day and you were around

there in the afternoon?

A. Yes.

Q. And you were in the lobby in the

afternoon?

A. Yes.

Q. Okay. Did you see earlier in the

afternoon around the lobby in the hotel a

police presence?

A. Yes, there was a black detective who

was sitting in the lobby in the corner.

Q. Right.

A. And I left out, went into the

restaurant. And when I came back out, he had

left.

Q. And what time was it when you came

back out of the restaurant? Do you have any

idea?

A. No, I couldn't tell you the time, but

it was before the shooting though.

Q. Do you have an idea how long it was

before the shooting?

A. Maybe ten minutes.

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Q. Shortly before?

A. Yes, sir.

Q. Did you see any police around the

hotel in the course of the day?

A. There was a few over at the fire

station and cars riding around the motel.

Q. But in the motel itself --

A. The only one I really saw was him.

Q. Was that one?

A. The one black detective.

Q. Was he in uniform or in plain

clothes?

A. No, plain clothes.

Q. He was in plain clothes. And he was

there up until a few minutes before --

A. Before the shooting.

Q. Some time -- a short time before the

shooting.

A. Yes, about ten minutes before.

Q. You came out and you saw he was gone?

A. Right.

Q. Did you ever see him again on the

premises that afternoon?

A. No, not that night.

Q. Did you ever see any other policemen

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around the motel -- in the area of the motel

itself or inside the motel at the time of the

shooting?

A. No. Most of them were outside --

outside of the property.

Q. Did you -- what did you do after the

shooting yourself?

A. Well, I -- I walked out and walked in

the back lot. There was a cafe back there.

And I was looking for my wife at the time.

Q. All right. Did you at any time look

up into the -- across Mulberry up into the

bushes or the brush area?

A. Not -- I can't remember that.

Q. You can't. Do you remember seeing

any -- anything strange or anything that

caught your attention?

A. Well, it was just that it was just --

everything just became steel. Everybody --

there was no movement outside of the motel,

period. No cars were moving, nobody was

walking.

Q. Still.

A. Yes.

Q. For how long a period of time did

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that stillness take place?

A. Up until -- I guess just before I

headed inside the cafe. It was on the lot of

the motel. And when we came out, it was

all -- it was all over then. There was

traffic everywhere.

Q. It just erupted after the shooting?

A. Yes.

MR. PEPPER: Okay. Nothing

further, Your Honor. Thank you, Mr. Smith.

MR. GARRISON: I don't have any

questions, Your Honor.

THE COURT: All right, sir. You

may step down.

(Witness excused.)

MR. PEPPER: Plaintiffs call

Mr. William Schaap to the stand.

WILLIAM SCHAAP,

Having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good afternoon, Mr. Schaap.

A. Good afternoon.

Q. Would you state your full name and

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address for the record, please.

A. My name is William Schaap. My

address is 143 West Fourth Street, New York,

New York.

Q. Could you give us a summary of your

professional background, please.

THE COURT: Before you do that,

spell your last name.

THE WITNESS: I'm sorry.

S C H A A P.

THE COURT: Thank you.

A. I'm an attorney. I graduated from

the University of Chicago Law School in

1964. I've been a practicing lawyer since

then. And I'm a member of the bar of the

State of New York and of the District of

Columbia. I specialized in the 1970's in

military law. I practiced military law in

Asia and Europe. I later became the editor

in chief of the Military Law Reporter in

Washington for a number of years. And in the

70's and 80's I was staff counsel of the

Center for Constitutional Rights in New York

City.

I also in the late 1980's was an

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adjunct professor at John J. College of

Criminal Justice of the City University of

New York where I taught courses on propaganda

and disinformation.

Q. (BY MR. PEPPER) Have you also been

involved in journalism and publishing?

A. Yes, I have. Since 1977 or '78, in

addition to being a practicing lawyer, I've

also been a journalist and a publisher and a

writer specializing in intelligence-related

matters and particularly their relationship

to the media. For more than 20 years I've

been the co-publisher of a magazine called

the "Covert Action Quarterly" which

particularly deals with reporting on

intelligence agencies, primarily U.S.

agencies but also foreign.

I published a magazine for a number

of years called "Lies Of Our Times" which

specifically was a magazine about propaganda

and disinformation. And I've been the

managing director of the Institute for Media

Analysis for a number of years. I also, for

about 20 years now, I think, was one of the

principals in a publishing company called

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Sheraton Square Press that published books

and pamphlets relating to intelligence and

the media.

Q. Do you also write? Have you authored

articles and works?

A. Yes, I do. I've written, oh, dozens

of articles on -- particularly on media and

intelligence. I've edited about seven or

eight books on the subject. I've contributed

sections to a number of other books and

had -- I've -- many of my articles, of

course, have appeared in my own -- our own

publications, but I've also had articles

appear around the world including New York

Times, Washington Post and major media

like -- like those.

I've appeared a lot on radio and

television as an expert on intelligence and

the media. I'm slowing down a bit now

because I'm getting older. But I used to do

a lot of speaking at universities and

colleges around the country and debating

government officials and people connected to

organizations that supported the CIA and the

other -- FBI and the other intelligence

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agencies.

Q. Have you ever testified as an expert

witness in the area of governmental use of

media for disinformation and propaganda?

A. Yes, I have. I've -- I've testified

as an expert in that field in both state and

federal courts in this country. I've

testified in foreign courts. I testified

once before the United Nations on that

subject and once before the U.S. Congress.

Q. Mr. Schaap, I'm going to show you a

copy of a -- of your own CV. It's a summary

of your professional qualifications. I want

you to confirm its accuracy.

A. Yes, that's -- that's my CV that I

prepared.

MR. PEPPER: Your Honor, we move

admission of Mr. Schaap's CV and move that he

be accepted as an expert witness in the

matter at hand for the issues of government

use of media or disinformation and propaganda

purposes.

THE COURT: Objections?

MR. GARRISON: I have no

objection.

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THE COURT: All right.

(Whereupon said document was

marked as Trial Exhibit Number 28.)

Q. (BY MR. PEPPER) Mr. Schaap, in the

course of your research, have you had

occasion to study the use of the media by

government agencies?

A. Yes, I have. I've studied many

government reports on the subject. Many, many

books have been written about it and

articles. In fact, I've written many of

those articles.

Q. Can you give the Court and the Jury a

brief summary of the subject indicating the

extent to which this type of activity by

government still takes place?

A. Yes, I can. I -- I won't go into

ancient history, but it should be noted

that -- that governments around the world

have secretly used the media for their

purposes for many hundreds of years, probably

thousands. But certainly from the 16th and

17th century in England on there has been a

great deal of research about the use by

governments -- a secret use of the media.

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For our purposes though, the --

particularly relating to the U.S., the most

significant and the first major deliberate

program in this country was during World War

I when President Wilson set up an

organization called the Committee For Public

Information under a public relations

executive -- a man named George Creole.

The purpose of this committee was to

propagandize the war effort against Germany.

This was created immediately after the U.S.

entered World War I in 1917. And in

propagandizing the war effort and war news,

it was the policy of this committee to have

no compunctions about falsifying the news

whenever it was felt that that was necessary

to help the war effort.

Q. Can you give us an example of the

type of falsification of the news that you're

talking about.

A. Yes. They -- the Committee For

Public Information purported very often to

release documents, supposedly genuine

documents, to the press in order to

substantiate whatever particular position

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the -- the Wilson government might have been

taking at the time. And one of the most

famous that happened early in its creation in

1917 was a disinformation campaign to suggest

that the Russian revolutionaries, Lenin in

particular and Trotsky, were actually German

agents being paid by the Kaiser.

The Government and Creole's

committee made up the story. They made up --

created phony documents. They passed it all

to friends in the major newspapers. And

almost immediately this was front page news

around the United States and around the

world.

Q. I'm going to show you a New York

Times headline of that era and see if that's

the kind of falsification you're talking

about.

A. Yes, this is -- the rest of the text

is from an article where that headline

appeared. But that was on the front page of

the New York Times in 1917. And later it

transpired that the documents were -- were

forgeries that had been created by

Mr. Creole. And, of course, it was obvious

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by the current course of history, the Russian

revolutionaries were hardly friends of the

Kaiser.

Q. Yes, indeed.

A. Much less employees.

Q. Can you continue with your summary,

please.

A. Yes. After World War I, the U.S.

continued to be the -- or actually became the

world's leader in the control of

information. Britain had been more pre-

eminent before World War I. But at the end

of the war, the U.S. was really in control of

all the world communication media. And

disinformation was used by the government

sporadically during the inter-war years. It

was particularly used in the red scares of

the 1920's and the creation of dis-

information suggesting various opponents of

the government were communists.

But it wasn't a major aspect of

government policy until the advent of World

War II. And that was when deliberate

disinformation or a structure for emitting

deliberate disinformation became very, very

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important.

Q. What happened at that point in

history to bring about that resurgence?

A. Well, at the very beginning of World

War II there were really two schools of

thought competing, both of which had

government agencies. One that was set up was

called the Office of War Information which

was a civilian organization although it

worked closely with the War Department, as it

was then called. And it was headed by a man

named Elmer Davis who was a very famous

reporter -- journalist.

His philosophy was that the agency

should tell the American people exactly what

was happening -- tell them the truth. If we

lost a battle somewhere in Europe or the

Pacific, we should tell the people we lost

that battle. If we won a battle, we'd tell

them we won it. But he believed that in the

long run we would do best by reporting the

truth.

But at the same time another key

organization that developed during World War

II was the Office of Strategic Services, the

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OSS, which was headed by a military man,

William Donovan, who was known as Wild Bill

Donovan, who believed the saying that George

Creole had -- his philosophy from World War

I, which was that you should lie to the

people whenever it's necessary, whenever you

think lying will help maintain morale and win

the war.

This struggle was taking place, of

course, in the context of World War II. And

Donovan won both with President Roosevelt and

afterward with President Truman. His

philosophy that disinformation was a

powerful -- a valuable weapon for a country

to have, and that the disadvantages of lying

to the American people were outweighed by the

advantages of being able to manipulate the

media.

So when the war was over, the Office

of War Information was dissolved. The OSS

was transformed into the CIA. And the CIA

was now existing in peace time, mind you.

World War II is over, and now the CIA is set

up with this information as a major part of

its work and, in fact, as most of the reports

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later pointed out, the largest single part of

the CIA's operations.

The -- within the government at

least, the acceptability of lying to the

public became very widespread and acceptable

even in time of peace. There had been people

who felt, well, it's one thing when you're at

war. But even in time of peace it became

acceptable, and it spread from other

agencies, including the -- the FBI which also

began to engage in media manipulation in a

very, very large way.

Q. So in addition to being a war time

strategy with respect to the security of the

nation and the -- the promulgation of -- of

falsehoods in times of war, this tactic

started to be used in peace time.

A. Exactly. That was the major

difference. Certain things were -- were much

more acceptable or expected over the course

of history in time of war and were generally

supposed to stop when the war was over. Now,

there were people who argued in the late 40's

that the Cold War was a war just like a hot

war, and that was the war that was on, and

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that was why we had to do this.

But what really happened is there

were not battles being waged between

soldiers. There was not a hot war going on

anywhere, and yet the -- the infrastructure

that had been set up to spread disinformation

to be able to lie became institutionalized

and became operating at a greater and greater

level.

Q. Mr. Schaap, how is it that some

individuals like yourself have become more

aware of these kinds of practices in our

lifetimes while the mass of the population

has not?

A. Well, it's mostly because -- by

coincidence there were a number of factors

that came together, mostly in the 1970's,

leading to major congressional investigations

of these activities leading some newspapers

to fund serious in-depth investigative

reports. And in the middle and late 70's

there were a series -- a huge series of

congressional reports on intelligence

activities , a whole section of which was

devoted to media activities.

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And then there were major exposes in

the New York Times and the Washington Post.

It was sort of the Watergate mentality, I

guess, that allowed this to happen. There

was a window of a few years when exposing

government misconduct, particularly past

government misconduct -- and as far as the

government was concerned, the older the

better. But at least there was a window of

opportunity where this was acceptable even

within the mainstream, the establishment

press. It was not frowned upon as much as it

might have been at other times both before

and since.

Q. Before we go into some specific

instances of this and details, can you

explain to the Court and Jury really how does

disinformation work? And why is it so -- why

is it so successful?

A. Well, you have to understand first

the target of propaganda -- of

disinformation. The consumer of the false

news so to speak is -- in what we're talking

about is the American public in general and

sometimes the public overseas. Dis-

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information is almost always by -- by

definition, about things that the average

person has no separate personal knowledge of,

otherwise it couldn't really work.

I mean, you can't fool the people

you're talking about. You can fool the other

people who don't know about it. You're not

trying to fool the people you're talking

about.

The simplest example is during the

Vietnam War when there was a massive bombing

campaign and the U.S. was bombing Cambodia.

President Nixon and Secretary of State

Kissinger repeatedly made public statements

that we were not dropping bombs in Cambodia.

Well, you couldn't fool the Cambodians who

looked up and saw the bombs falling in their

back yard. They knew you were bombing

Cambodia. But the American people by and

large accepted these statements as truth, and

in fact that was a disinformation campaign

that was later admitted.

You're -- really we're talking about

things that the public has no separate

knowledge of. And it's also reinforced by

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the fact that Americans generally tend to

believe what their government tells them, to

believe that government officials on all

levels generally tell the truth. And that --

if you have that, that absence of skepticism,

it's a major plus for the disinformationists.

And, also, it's very, very unusual

around the world other than in the United

States. In most other countries,

particularly in Europe, it's much more the

opposite. People tend on average to be very

skeptical of their government. If the

Italian government issues a statement, the

average Italian on the street will say it's

probably a lie until you can prove to me

otherwise that it's not a lie. Because

governments lie. That's what they -- you

know, they sort of expect them to do that

whereas Americans don't expect that.

The average American would hear

something from the government or hear the

news on television and assumes that what

they're hearing is the truth unless they're

shown otherwise. They assume that almost

nothing is ever a conspiracy. In Europe it's

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very much the opposite. Anything happens.

They tend to think it's a conspiracy unless

you show them that it wasn't a conspiracy.

I mean, after all, "conspiracy" just

means, you know, more than one person being

involved in something. And if you stop and

think about it, almost everything significant

that happens anywhere involves more than one

person. Yet here there is a -- not a myth

really, but there's just an underlying

assumption that most things are not

conspiracies. And when you have that, it

enables a government which has a propaganda

program, has a disinformation program, to be

relatively successful in -- in having its

disinformation accepted.

The other reason why it -- why it

works even though as we -- as we know,

somewhere there are people who know it's not

true. Somewhere they know you're lying about

something. But another reason it works is

that disinformation is very, very effective

over time. The longer that you, whoever you

are, can control the spin on a story, the

more that spin becomes accepted as the

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absolute truth. And in this country the

government has a great deal of power and

influence over that spin.

Q. Why is it so effective over time?

A. Well, this is an area where I had to

consult with other experts because it turns

out really to be a neurological function.

And that was first explained to me by a -- a

professor at Harvard Medical School. And it

has to do with the way the human brain

remembers things, the way we learn things,

the way we create patterns and associations

and reinforce -- well, I don't know how

you -- it sort of like channels in the brain

when certain things trigger certain

collateral thoughts.

And when you associate one thing

with another over time, just the mention of

the one brings the association of the other.

What this will sometimes mean is that even

when something is later exposed as a lie, if

it was accepted as a truth for a long time,

the exposure of it as a lie is not believed.

It's in one ear and out the other.

The best example that we know in my

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field is one that John Stockwell reported

on. He was a CIA officer in Angola -- for

Angola. But they were based -- the CIA

station was based in the Congo. And when the

Cuban troops were sent in to help the

Angolans fight the South Africans during the

early and mid 70's, the CIA's task was to try

to discredit the Cubans and do whatever it

could to make people around the world think

it was a terrible thing that the Cubans were

helping the Angolans.

So Stockwell's group in Congo sat

down, and one guy says to the other guy,

let's think of something terrible to say that

the Cubans did. And another guy says, hey,

why don't we say they're raping Angolan

women. That would be a great thing to say.

The other guy says, terrific. And they call

in their media experts, and they start

sitting there at their desk at the CIA office

and they start typing out these news stories

about how a group of Cuban soldiers raped a

bunch of Angolan women in some operation.

And then they write Story Number 2

which is that the villagers got incensed and

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decided they didn't want the Cubans anymore,

and they were going to find the fellows who

did it and arrest them. And in Story Number

3 the villagers captured the Cubans. In

Story Number 4 they were tried by a jury of

the women victims and they were later

executed with their own weapons.

And they made a series of about 12

newspaper stories in a row. And with one

phone call and one visit, it went over the

wire services, it went into Europe, it went

into the United States, it went around the

world. And for about a six-month period

there were all these stories about the

horrible Cuban rapes in Angola. And what

that does is when you hear -- the average

person hears Angola or Cuban, they'll think

rape of the women. And if they hear rape of

the women, they will think Angola or Cubans.

And if you get Angola, they'll think Cubans

and rape of the women.

And these patterns build up so that

that becomes the truth embedded in your

mind. Four years later John Stockwell quit

the CIA and wrote a book exposing it. Wrote

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a big piece for the New York Times about how

the entire Cuban/Angola story was a

fabrication. And he sat there at the desk

typing it. And the day after that story

appeared, there was still 900 million people

around the world who thought the phony story

was true.

Because when year, after year, after

year you hear that something was the case,

one story -- one day saying, hey, the whole

thing was a lie, and it doesn't register on

their brain. It can't beat those -- those

patterns that have been built up.

Q. Let's go back now taking an

example -- let's go back now to the general

area of intelligence because all of this

activity is useless unless there's a

structure into which it fits and into which

it can be put out. Can you deal with the

kind of structure of media operations that

puts out this kind of disinformation. How

extensive is it?

A. Yes. We can be -- we have a lot of

information about the CIA. We have a certain

amount of information about the FBI, a

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certain amount about military intelligence.

And the reason for this is because there were

those congressional investigations that I

mentioned before. There have been reports

published, particularly from the Church

Committee in the late 70's, where they

published volume after volume describing the

extent of media operations by the CIA and --

and other agencies.

They -- the exact amounts of money

that were being spent were -- were not

divulged by those initial reports because

that was considered to be classified. The

intelligence budgets are always classified

except at the same time every few weeks

you'll read something in the newspaper where

they say, the classified budget, which is

approximately 25 billion dollars, and so on

and so on and so forth.

So what we -- what we have learned

from these reports is that -- the first thing

was that about a third of the whole CIA

budget went to media propaganda operations.

Q. Well, if a third of the CIA's budget

went to media propaganda operations, how much

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would that be approximately?

A. We're talking about hundreds of

millions of dollars a year just for that. I

mean, the intelligence budget -- now

everything together is according to these --

all these reports that say it's secret, but

it's about 25 to 30 billion dollars a year.

Now, a lot of that is high-tech stuff. It

has nothing to do with what we're talking

about -- satellites and so on. But the stuff

that goes to the CIA is several billion.

And when you factor out overhead and

things like that, you have got your

operational amount. Most of the estimates

suggest that -- that hundreds of billion --

hundreds of millions of dollars -- close to a

billion dollars are being spent every year by

the United States on secret propaganda.

Again, we have fairly good figures

for the CIA because it at least has been

admitted in the past that they did do this

stuff. They admit they do it now except they

say they don't do it within the United

States. But they admit that that's part of

what they do.

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The FBI is much harder to -- to get

figures for because they don't generally

admit to conducting media operations. And

unless and until something gets exposed and

they have to admit that particular operation,

they -- they deny to an extent where it's

really hard to try and estimate how much

money is being used by the FBI and by the

military intelligence agencies.

But it's sort of clear that hundreds

of millions of dollars a year are being spent

by various aspects of the government on

deliberately creating and spreading lies.

Q. Before we get into the specifics of

media operations related to the Martin Luther

King case and James Earl Ray, can you give

us -- just to finish the background, can you

give us some idea of the influence that the

CIA and the FBI have had over the media.

A. Yes. Again, this was something that

very specific figures came out in the 70's

and 80's, and we don't know the precise

figures. Today we have no reason to think

that they are significantly less than when

they came out. But when the Church Committee

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reported on the CIA media operations, for

example, beyond friends in the press, beyond

having people who were just generally --

thought along similar lines, it turned out

that they had thousands of journalists in

their employ. Not merely friendly, not

merely agents, not merely someone you could

pass a story to, but people who might have

appeared to the outside world to be a

reporter for CBS was in fact a CIA employee

getting a salary from the CIA.

And that was repeated thousands of

times all around the world. They also owned

outright, the CIA -- about that time 250 or

more media organizations. That's wire

services, newspapers, magazines, radio, TV

stations -- all around the world that they

owned outright. The actual shareholder of

the company turned out to be some CIA front.

The Church Committee, unfortunately,

did not name very many of these organizations

because those that got named, of course, had

to close down immediately. But it was

learned that -- even things like the Rome

Daily American, which was a major English

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language newspaper in Rome, for 20 or 30

years had been owned by the CIA. This was

published and, of course, the paper closed

the next day.

But most people didn't realize

the extent of the intelligence media

organization. It's fairly incredible. They

sort of brag about it. When you read the

books about the history of the CIA, one of

the heroes was the first man in charge of

media operations, a man named Frank Wizner.

And they referred to his organization as the

Mighty Wurlitzer. And there's this image of

this guy sitting at one of those giant

organs, you know, with seventeen keyboards

and you're playing this -- sort of like The

Phantom of the Opera in that scene, and there

was the guy running the CIA media operations

all around the world. And he really was

because every single city of any size on

earth, he had some employee who was --

supposedly worked for a newspaper or a

magazine or a radio station or a wire

service, and they could get stories

anywhere.

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Q. Can you give just one or two more

specific examples.

A. Yes. There was one -- actually in an

article that was published written by a

former CIA officer named James Willcot, who

was not in the propaganda division, he was in

finance. But he was so amazed he wrote a

little article about this. And he was

stationed in Japan one time when there was a

big debate raging there over whether nuclear

power ships should be able to dock in

Japanese ports. It's been a very touchy

issue -- at least since Hiroshima it's been a

very touchy issue in Japan -- even peaceful

uses of nuclear power.

And the U.S. line was to promote the

docking of nuclear power ships because the

U.S. had more and more of them. So they

wanted the Japanese papers to editorialize in

favor of this in the debate that was going

on.

And Jim said he looked and he saw

this guy at a nearby desk sit down and

type -- this is a CIA officer, an employee of

the U.S. Government -- type an editorial and

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then wave goodbye to everybody, left the

office. The next morning that appeared as

the editorial -- the lead editorial in the

largest newspaper in Japan. Now, that

level -- they didn't go to a friendly

publisher and say, gee, we would sort of like

it if you could maybe do something a little

bit favorable to this issue. They wrote the

editorial, they handed it to the guy. And

the next day in Japanese it appears in the

paper.

Another thing showing the influence

here in this country was during the Vietnam

War. I don't know if -- well, some people

might. People my age will remember it.

There was -- Life magazine that had a cover

picture of a North Vietnamese stamp that

showed the Vietnamese shooting down American

planes. And it showed U.S. planes with U.S.

markings being burst into flames and crashing

and U.S. pilots being killed.

And it was a pretty bizarre and

gruesome set of postage stamps. And there

was a whole story in there basically trying

to give the line that the Vietnamese were

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glorifying the killing of Americans. And

they thought it was so great to kill

Americans that they were putting it on their

postage stamps. The only thing that was

later learned is that these were not North

Vietnamese stamps. They were CIA forgeries.

Had never been real stamps. And the CIA was

able to have them appear on the cover of Life

magazine as if they were the real thing.

That level of influence is something

that many people don't realize. And when you

read the congressional reports, page after

page after page, it's absolutely astonishing

how, given the urgency and given that they

have hundreds of millions of dollars at their

command, they could get almost anything to

appear almost anywhere.

Q. What about the FBI and domestic

propaganda?

A. Well, the FBI, there's much less

documentation, again, because the official

position is that the FBI doesn't do this.

Whereas the official position is the CIA does

do it although they tried not to talk about

it. But what did come out in the

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congressional reports primarily is that a

major FBI division that was called the crime

reporting division was theoretically supposed

to keep track of how federal crimes were

being reported. Why that was their business,

I don't know. But that's what its theory

was.

But in fact what it was doing was a

whole division set up to keep track of

journalists and reporters and magazines and

newspapers to decide who could be counted on

to write stories that the FBI wanted written,

who would slant stories the way they wanted

it.

The question of whether these

particular reporters were actually FBI

employees, like so many were CIA employees,

is unclear. That's never been admitted by

the government that the FBI actually took its

own employees and had them get a job as a

correspondent on the newspaper, whereas we

know the CIA did that in many, many places.

There's no reason to think they couldn't have

done it other than the fact that it hasn't

yet been -- been exposed.

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But in any event, there were

significant pressures available to the FBI

to -- to use their friends. And the Church

Committee report gives -- gives many, many

examples -- copies of memos from Hoover on

down where there would be a thing attached

and say, get this information to our friends

at the Copely News Service, get this

information to our friends at Reader's

Digest, get this to our friendly AP reporter

and so on.

And then, of course, they would show

the clipping indicating that in fact someone

had gotten it to their friends, and it would

then go over the wires or appear in stories.

Q. Let's turn now to the use of the

media in this type of campaign against Martin

Luther King, Jr. But before you do that,

could you tell the Court and the Jury, what

are the sources of -- underlying your

testimony -- this aspect of it.

A. Yes. I did a goodly amount of

additional research and preparation and

contemplation of appearing here. And there

really are two main sources. The first, of

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course, is the various congressional reports

that we have talked about. In addition to

reports about the general operations or

misconduct of the CIA or the FBI, there have

been specific studies -- I don't know if they

have been mentioned in this case, but there

have been specific studies relating to Martin

Luther King, Jr., both with respect to

attacks on him while he was alive and also

specific reports with respect to his murder.

There was an entire volume published

from one of the Senate investigations on the

FBI media campaign against Dr. King. And

there was a House Committee that published a

volume investigating his assassination. And

these, of course, are the -- the most

important sources for what I'm talking about

and what other people have written about

because they have a great deal of government

documentation in them which no private

journalist could ever get their hands on.

There are things in there that even

the best of research wouldn't be able to

obtain. But the congressional committees had

subpoena powers and were able to amass

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thousands of documents, most of which were

photocopied and attached to their reports.

Q. For our purposes here, as well as

those sources, what other sources have you

used?

A. Well, I've also, of course, reviewed

many books that have been written on the

subject -- hundreds of articles. And I've --

I've done briefcases full of clippings that

were major stories written about Dr. King,

particularly in the last few years of his

life. And then the -- most of the coverage

in the first few years of the James Earl Ray

case. Both before and after his guilty plea

there was intensive coverage, as you can

imagine.

And throughout the 60's and into the

early 70's, there was quite a bit of

coverage, and those clippings that I've been

able to find I've reviewed. Some of the

sporadic coverage in the 80's and 90's I've

also been able to assemble and review,

although the level of that coverage

has decreased very much over the last decade

or so.

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Q. What do the congressional reports --

if you can summarize them, give some

instances, what do the congressional reports

tell us about the FBI's use of the media in

general but then particularly as it relates

to Dr. King?

A. Well, in general, the first thing

they show is that throughout its history, the

FBI has made relations with the media a key

area. Not so much infiltrating employees as

the CIA did, but cultivating very, very deep

connections throughout the American media.

They had the entire division of the FBI --

the crime reporting division was dealing

solely with developing friendly journalists,

developing ways in which you could get what

you wanted to appear in the papers to be

there and what you didn't want not to be

there on a level that was -- nobody realized

until these -- these reports came out.

The crime reporting division was

keeping track of virtually every journalist

in America that wrote anything that had to do

with the FBI. And whether everything was

being classified as friendly or unfriendly,

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it -- of course, it was somewhat complicated

because it generally meant: Did J. Edgar

Hoover like what they wrote or not like what

they wrote? And practically -- the opinion

of nobody else at the FBI mattered while

Hoover was alive.

But he kept charts on every

significant journalist as to who was

helpful. And when you look through the

reports and the documents that have come out,

you will see statements by Hoover and his

immediate subordinates get this information

to friendly journalists. Get this to our

friend at U.S. News and World Report. Get

this to some friendly reporters in Memphis.

And you just see all that sort of stuff.

Interestingly though, this

information -- it never mattered whether the

information was true or false. That was not

what it was about. You find FBI planting

information that's true, you find them

planting information that's false. The

critical thing was if they had the friend at

that media place, that friend was going to

run what they wanted without investigating

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it.

Q. Could you just cut through -- tell us

what the Church Committee said about

CoIntellPro reports and explain to the Court

and the Jury what were the CoIntellPro

activities.

A. CoIntellPro was Counter Intelligence

Program, and that was the -- the major FBI

program to counter what it conceived to be

threats to American democracy. And it

was, at least in my opinion, rather paranoid

in what it considered threats. It had

divisions trying to operate against

communists, against socialists, against the

New Left, against the Old Left, against what

they referred to as Black Nationalists, what

they referred to as hate groups.

They had a separate section just on

the Nation of Islam. They had a separate

section on the Civil Rights Movement. They

had a hybrid program on CommInfil which was

to deal with the possibility that communists

were infiltrating non-communist groups.

So they had one section trying to

disrupt groups they felt were communist

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influence or dangerous, and another one

trying to infiltrate groups or find out about

groups that they thought other people were

infiltrating.

Basically they -- and, of course,

you have to understand, "counter intelligence

program" was really a misnomer. Because

counter intelligence normally means you're

trying to find things out. Counter

intelligence officers in war time and in

espionage are supposed to be finding out

information. But these were active

committees, not passive. And what counter

intelligence programs were, were overt

attempts -- sometimes very, very complicated

operations to disrupt organizations which

they felt were a threat regardless of whether

the organizations were committing any

crimes.

I mean, the irony of this is that

while the FBI theoretically was supposed to

limit itself to investigating crimes, and

federal crimes at that, it basically took the

position that, you know, thinking bad

thoughts was a crime. Or if you didn't like

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the current government of that day, that was

a crime. And if J. Edgar Hoover decided the

group should be disrupted, then CoIntellPro

would sit down and figure out how to disrupt

it.

Q. Where was Dr. King in this

constellation? Where did they -- how did

they regard him? How was he targeted?

A. Well, he was just about the top of

the list in terms of J. Edgar Hoover for

reasons that are still unclear. Many books

have been written about J. Edgar Hoover, and

I don't think anybody quite understands what

made him tick. He hated Dr. King. He made

no bones about it. I mean, he would -- he

would send letters using -- referring to him

as garbage, referring to him as slime.

When Martin Luther King was awarded

the Nobel Peace Prize, he wrote a long

diatribe about how that was the most

ridiculous thing he ever heard of in his

life, and in fact started a whole thing to

disrupt the Nobel Peace Prize program. But

he and the SCLC, as Dr. King's organization,

were by themselves a major target of the FBI

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from early on. He certainly was being

investigated in the 50's. It wasn't until

the early 60's that it really intensified.

But Hoover was much more public

about Dr. King than almost any other

individual. He would be public about "the

communists" or "the terrorists" or whatever.

But Martin Luther King he specifically

used -- used the most horrendous language to

describe him. And once went on a -- the only

time he ever gave a press interview called

him -- called Martin Luther King the most

notorious liar in the history of the United

States.

Q. Okay.

A. And he was saying that because King

had had the temerity to say that the FBI

agents in the south weren't being terribly

helpful to blacks who were having problems

with the racism there.

Q. Can you give an example of some of

the media operations that the FBI and Hoover

mounted against Dr. King's organization.

A. Sure. The first really significant

ones were -- were to -- to suggest that the

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Southern Christian Leadership Conference was

communist infiltrated and communist

dominated. They -- the FBI had prepared

dossiers on King and on everybody who was

working with him and had two people who were

close to Dr. King who had at some time in the

past had some affiliations with communists.

You should understand, because this

came out later, they had no evidence

whatsoever that either of these two people

was at that time a communists or that either

of these two people was trying to impose some

communist line on Dr. King, but they decided

to say that anyway.

And they prepared dossiers on these

two -- one was a white lawyer, Stanley

Levinson, the other was a black organizer

named Jack O'Dell. And what they did is

they -- the same way, get us a friend at this

paper, get us a friend there. They started

planting stories. And I think I've --

Q. Let me -- let me --

A. -- given you one of the key ones.

Q. Yes, let's pull up on the stand one

of the stories -- screen one of the stories

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that they planted.

A. That's the second page. I think the

headline is -- right. This was a major story

about -- about Jack O'Dell and an attempt

to -- I mean, they were attempting to

discredit Dr. King and the organization.

They were not -- they were not trying to just

get rid of O'Dell because that would be

better for the organization. But they spread

this -- this particular clipping, I believe,

is from The Atlanta Constitution. But it

says in it that -- it makes reference to

prior articles in the St. Louis Globe

Democrat, in the New Orleans Times

Picayune. The story which was essentially

based on the FBI spreading this -- this

information appeared all over the country.

Q. Other than a general attack, is there

anything -- anything else significant about

this -- this article?

A. Well, actually, this is a good one

because it demonstrates some of the

techniques they used. The most significant

one is being fuzzy whenever you can. It

has -- in there it talks -- it refers to

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O'Dell and says: "Has been identified as a

member of the National Committee of the

Communist Party."

And that -- this is sort of the

passive tense to avoid saying what -- what

you know. When you say someone has been --

you don't say who identified him. You don't

even say whether this identification has been

confirmed. You don't say whether it's true

or false. I mean, you know, one person

anywhere can say something about anybody, and

then you say he has been identified as a such

and such.

That's very important, particularly

because we -- that's in the present tense.

It says: "Has been identified as a member of

the communist party." We know now that at

the time, when the FBI gave this information

to its friend, they knew that was untrue.

Because they knew -- whatever might have been

ten years before, they knew at that time that

he was not a member of the Communist Party

and yet they sent out this information saying

he has been identified as a member of the

Communist Party.

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Q. Was this a part of a broader effort

on the part of the FBI to discredit the Black

Movement and to tie the Civil Rights Movement

to communists generally and communist

infiltration?

A. Very much so. It was one of the --

the few instances where -- where Hoover

actually testified before Congress and

allowed the testimony to be public. He --

the line was that the -- the Black

Movement -- the Civil Rights Movement was

being exploited by communists. And this

particular clipping is another example --

again, this is from the New York Times -- of

this program. These are all -- despite the

fact that many of them have bylines, although

this one does not have a byline, these are

all based on material packets -- press

packets almost that were prepared by the FBI

and given to their -- to their friends in

these -- in these stories.

And in this case, it's even more

significant because this was part of a

campaign that was so organized that Hoover

got his friends to write stories about it

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before his testimony became public so that

when the testimony then became public, as it

did for this one, people would know about

it. One of his very, very close friends was

Stewart -- Joseph Alsop, who was a syndicated

national columnist back then. And this was

Alsop's column about the terribly sad fact

that the Civil Rights Movement in America was

totally being run by the communists.

This, again, was based on whatever

the FBI handed him and asked him to publish.

This was just one week before the other story

where the -- where the testimony became

public.

Q. There was an escalating battle

between Hoover's FBI and Martin Luther King's

SCLC and the Civil Rights and then anti-war

activities. What -- how did it intensify

from the standpoint of media operations

against Dr. King?

A. Well, the first real escalation was

in sixty -- in late '64 when I mentioned

before that Hoover gave a press conference

and called King the most notorious liar in

the country. This was sort of a -- it was

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shocking that he said it, it was shocking

that he said it in the context of a public

meeting with journalists. And it appeared

all over the country. And the whole

conference was reprinted in U.S. News and

World Report with a short response from --

from Dr. King.

That was the start of -- of a

campaign which continued right up until --

until King's death. I mentioned before that

during the Nobel Peace Prize period of time

this was in -- the nomination was in late

'64, and he received it in January of '65.

Hoover had the FBI do everything they could

to minimize -- he couldn't stop the Swedish

and Norwegian governments from giving him the

prize. But he did everything that he could

to try to stop it from being honored here.

There was a major banquet in

Dr. King's honor in Atlanta when he came back

from receiving the prize. Hoover got the

editor of the Atlanta Constitution personally

to go around and try and persuade various

people not to attend the banquet. There were

also a series of articles around this time

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trying to show that -- that King was being

influenced by communists which were being --

again, we learned this from reports.

The FBI, as the CIA, was actually

writing the articles anonymously and then

trying to get their friends in papers to

print the article under somebody else's

name. And there were a whole series, some of

which actually did get printed, some of which

didn't. There were also -- I won't go -- I

mean, there are big -- hundreds and hundreds

of pages of reports detailing all the things

that the FBI did.

They -- one of the most outrageous

was a doctored tape recording that was

prepared that purported to -- to be a

recording of Dr. King engaging in raucous and

possibly sexual activities with various

people. It turned out to be -- most of it

was totally fraudulent. And what wasn't

fraudulent did not have to do with anything

torrid going on. It was all put together.

And the tape -- in fact, the tape was

originally used -- and this is one of the

things that the House Committee found the

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most outrageous -- in an attempt to try and

drive Dr. King to commit suicide.

Shortly before he went to get the

Nobel Prize, the tape was mailed to him with

a long letter basically saying, if you don't

kill yourself, we're going to make this

public. Nothing ever happened because he was

getting so much mail that this thing that

somebody thought was -- somebody made a tape

of one of his speeches. And they put it in

the back room, and they didn't get to look at

it until about nine months later, long after

he had come back.

And then they saw the note trying to

get him to commit suicide. And then, ten

years later, we discover that it was the FBI

who wrote that note and made that tape and

mailed it to Dr. King.

THE COURT: Let's take a few

seconds and stretch.

(Brief break taken.)

THE COURT: Bring in the Jury.

(Jury In.)

Q. (BY MR. PEPPER) Mr. Schaap, you've

described an awesome power that exists in

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government influenced and controlled,

sometimes owned, media -- print, audio,

visual media entities -- and how that

infrastructure gets focused on opponents of

the United States such as Martin Luther

King.

Do you see how this incredible power

was brought against Dr. King and intensified

against him during the last year of his life?

A. Yes. I think the -- the main reason

for that was very, very specific. There was

one speech that Dr. King gave in April of

1967 at Riverside Church in New York City

where he came out against the war in

Vietnam. And if you remember back to that

period of time, this was a fundamental debate

gripping every aspect of this country, the

pros and cons of the involvement in Vietnam.

And when Dr. King came out against

the U.S. involvement there, this was

immediately accepted by J. Edgar Hoover as

proof that he was a communist, proof that he

was a terrible person.

Q. But didn't this have the effect of

unifying all the forces -- all of the

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intelligence forces of the United States, and

so now just -- it was not just an FBI matter,

but it -- it seemed to spread to military

intelligence, central intelligence and other

areas too, didn't it?

A. Absolutely. Once Dr. King made that

statement, the CIA in particular considered

him and his movement fair game. Even to the

extent that their operations were limited to

foreign policy, the -- again, because of the

congressional investigations, we know that

the CIA, which people thought did not operate

domestically within the U.S., had a huge

domestic program called Operation Chaos which

was designed to counter opposition to the

Vietnam War.

And even though they later admitted

it was illegal and later admitted they

shouldn't have been doing it, there have been

whole books of congressional reports about

all the Operation Chaos activity in the

United States, and what they called Black

Nationalists were a specific target of

that -- that campaign.

Q. Did this continue into 1968 in his

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activities with the Sanitation Workers'

Strike in Memphis and planning for the Poor

People's Campaign in Washington?

A. Absolutely. The campaign against

Dr. King's activities went up to the very

last day of his life. In particular, on

the -- his involvement with the strike in

Memphis, the FBI decided at that point to try

to spread stories that he was encouraging

violence. One of the -- the key articles was

in the Christian Science Monitor at the end

of March of '68 and, again, gives all of

the -- the themes that the FBI wanted --

wanted planted, particularly about violence.

The article uses bizarre language

for something about a small strike in a

medium-sized town that, you know, was

something but was not like an earth-shaking

event. This was the Sanitation Workers'

Strike. And this story refers to it as a

potentially cataclysmic racial

confrontation. Not quite World War III, but

along that kind of language.

And stories that began to appear --

and this was just before Dr. King was

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killed -- were -- were suggesting that he was

closely allied with violent forces.

Q. Mr. Schaap, this Court and Jury has

heard testimony from a former New York Times

reporter who was told by his national

editor -- Times reporters in this courtroom

notwithstanding -- told by his national

editor, Claude Sitton, to go to Memphis and

nail Dr. King. Those were the words Earl

Caldwell used in his testimony here. Is that

the kind of thing you're talking about?

A. Oh, absolutely. Hoover was -- you

see from the memos in the report -- and Lord

knows what we don't know and haven't seen --

was sending people out everywhere to talk to

all of their friendly media contacts to get

King. And they would usually deliver packets

of information, much of it false, to be used

as part of the -- of the campaign. They also

were -- used a lot of interesting tactics.

And you see in these stories a lot

of fuzzy -- I mean, the story that's on the

screen, for example, has a sentence in it

near the end where it says: "Many blacks

have mixed feelings about Dr. King." I mean,

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this is a -- they teach you in Journalism 101

not to use sentences like that. What does it

mean "many blacks"? Many -- everybody had

mixed feelings about everything. If you want

to do it, you say who has what feelings.

But the whole thing was to try to

say he's violent, he's hanging around with

violent people, and basically the blacks in

this country shouldn't support him.

Q. What was this operation like -- this

media blitz, this media disinformation

campaign? What was it like after Dr. King

was killed?

A. Well, for one thing, the attempts to

discredit Dr. King -- particularly the FBI

attempts -- did not stop after his death.

They continued to send out their little

dossiers and reports and phony information to

try and discredit his memory. They also --

in the beginning when, of course, the

assassin had not yet been caught or, rather,

no one yet had been caught and charged with

the assassination, had to give the impression

that the FBI was doing a great job.

I mean, one of the criticisms that

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was unavoidable is when Hoover had already

publicly attacked Dr. King in all these

magazines and said he thought he was a liar

and thought he was the worst problem facing

the United States and so on, it became a

problem for the FBI then to try and convince

America that they were doing everything in

their power to apprehend his killer. And to

do that, they had to pull out all the stops

and get all their friendly columnists writing

story after story that they were doing

everything they could. And also subsequently

to try and add to the stories that they were

convinced that James Earl Ray was the lone

assassin.

Q. Let me put up this article. This

story relates to a Jack Anderson column.

A. Yes. This is interesting for what it

reveals later. This was a story that came

out in 1975. That's actually an interesting

example of Jack Anderson criticizing a group

of people, of whom he fails to mention he was

one at the time. It's something that happens

often when columnists decide to clear the --

clear the slate.

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But he was reporting at this time

about how the FBI had waged the campaign

against Dr. King, how he knew about it, how

he knew about all these gross accusations

that were being -- being handed out. It's --

I mean, the story is only interesting because

why didn't he say it at the time is one's

first thought. But at least he stayed

abreast of some of it. He also was able

to -- to explain that a number of rumors

about Dr. King had been proven to be not

true. What he didn't know at the time

because the Congressional Report came out a

little bit later -- what he didn't know is

that even the FBI at the time they were

spreading the stories when Dr. King was alive

knew that the stories were not true.

Q. Now, at the same time they were

trying to discredit Dr. King and continued to

discredit his name after he was killed, they

were trying to enhance the -- the manhunt and

the law enforcement work during that time.

A. Yes. Not only enhance, but use

hyperbole that was pretty bizarre. Although,

of course, you can understand the pressures

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that were on them when no one had been

caught. Drew Pearson, who was a very close

friend of Hoover's, had a nationally

syndicated column and wrote one basically

designed to try and kill the rumors that

Hoover wasn't trying hard because he didn't

like King.

And in it Pearson says he is

convinced that the FBI is conducting perhaps

the most painstaking exhaustive manhunt ever

before undertaken in the United States.

Why -- how he would know is beyond

us, but that's clearly what Hoover told him

to say. They also -- I don't have the

clipping here. But they also had another one

of their very close operatives, Jeremiah

O'Leary, who was then with the Washington

Star, did an article for the Reader's

Digest. And he went one beyond Pearson and

said it was the greatest manhunt in law

enforcement history in the world. So he was

now saying this wasn't only the greatest

manhunt in America, it was the greatest

manhunt ever, anywhere.

There were -- there are a whole --

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and, of course, when Ray was arrested, then

there was a state of sort of self-

congratulatory columns done by the same

friends of the FBI showing what a wonderful

job they had done.

Q. Are there any other aspects of this

coverage after Dr. King's death that were

clearly media operations?

A. Well, there certainly are in my

opinion. At this point, once we get beyond

the things that have been admitted in the

Congressional Reports, I'm drawing my

conclusions based on my own experience and

expertise. But it certainly seems clear that

there were media operations around -- not

only that the FBI had done a wonderful job,

but also on the -- the campaign to

demonstrate that -- not only that James Earl

Ray had done it, but that he had acted alone.

Q. What are the possible operations that

you actually see?

A. Well, there -- you see in stories,

again by friends of the FBI, statements

like: It looks like the theory that there

was a conspiracy is untrue. The FBI has

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exploded the theory that there was a

conspiracy. The -- even people who had --

see, they -- they got caught a little bit

because in the beginning they were planting

stories that had conspiracy -- I mean, there

was a story that the FBI planted at the very

beginning saying that Dr. King had been

killed by the husband -- by an irate husband

of a lover of his.

Now, later -- ten years later we saw

that this was invented and that they had made

up this story. But then they were sort of

stuck. Because if you're saying that Ray was

hired by somebody else to do it, that's a

conspiracy. So then they had to drop that

story because now the line was there was no

conspiracy. Now they're saying -- and the

same people. Pearson mentioned that story

and then later on denounced the generally

prevalent theory that the murder involved a

conspiracy without pointing out that he was

one of the people who were part of the

original prevalent theory.

Even -- particularly, actually,

after the guilty plea, when it got -- there

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was no longer a judicial proceeding going on

about which they could feed the stories they

wanted to, they still felt a compulsion to

periodically come up with stories that there

was no conspiracy, there was no plot. This

one on the screen being another one of

these -- these examples.

Q. This is the continuation of the lone

killer, lone nut gunman that was -- had to be

perpetuated throughout the period of James

Earl Ray's incarceration?

A. Absolutely. It never -- because Ray

insisted virtually from the day of the plea

that there was a conspiracy, they felt

compelled to -- to continue to plant these --

these stories. They -- they went on for a

number of years at a very intense level, and

then it sort of petered off.

But in the first year after the plea

of guilty, Anderson wrote a number of columns

saying there just wasn't any conspiracy. Max

Lerner wrote columns saying Ray was the

killer, there's nothing to the conspiracy

theory. And when -- another example of how

they -- they fuzzied it was even at the time

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of the plea, there was a story on the -- in

the Washington Post, which I think I've given

you a copy of, where they said: No evidence

of any plot, Jury is told.

Now that isn't really what the Jury

was told. But if you read the story, it was

that the prosecution was not presenting any

evidence of a plot, which is very different

from saying -- of course, they didn't present

any evidence that there wasn't a plot

either. Yet if you look at that headline, it

looks like something has been said and done

in court showing a jury there was no -- no

plot. And that's not what happened. It

wasn't -- it wasn't discussed either way.

And they -- they -- there was a

story I believe the next week in the

Washington Post where the title of the story

was: "Ray Alone Still Talks of a Plot."

Which, again, journalistically was

ridiculous. Because there were millions upon

millions of Americans talking about whether

there was a plot. And a story which, you

know, tries to create the impression that

James Earl Ray was stark raving mad and was

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the only person in America who thought there

might have been a plot.

That campaign went -- and, in fact,

they then said, well, what we really meant

was that he's the only person who is

officially involved in the proceedings and

thinks there's a plot, everyone else

doesn't. And even that wasn't true because

the next day there was a story in the papers

that the -- the judge here -- the judge at

the time, Judge Battle, wasn't sure and

thought maybe there had been a plot and

certainly made it clear that under Tennessee

law if further -- if co-conspirators came up

or were arrested or indicted, they would be

subject to -- to trial.

Q. Let me pass this article to you and

ask you to look at that, Mr. Schaap. That's

an article that appeared in the New York

Times, Column 1 on the 17th of November,

1978, right at the time when the -- both Ray

bothers were being questioned and examined in

public before the House Select Committee on

Assassination. And that article speaks of an

independent investigation by the New York

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Times and the FBI and the Select Committee,

into an Alton, Illinois, bank robbery -- an

investigation which never took place because

it's now been established.

Is that an example of the type of

disinformation that one finds in an attempt

to train the public minds?

A. Oh, absolutely. Given the fact that

subsequently it was shown that they were not

suspects in that robbery, it -- the first

thing it means is that the -- the reporter is

saying some things which had to have been

simply fed to him and not checked. Because

if you're saying something happened, which in

fact very, very basic journalism would have

proven didn't happen, you are either doing it

on your own to spread some disinformation,

which is extremely unlikely, or you're being

asked to put a spin on something that you

know is going to -- to be coming out.

The -- again, I'm -- I don't know

what happened in Alton, Illinois. But if, as

I understand there's been testimony, it is

clear that the Ray brothers were not suspects

in that case, this story is clearly

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disinformation because it's designed to make

it appear not only that they were suspects in

that case but that they did it, and to make

it appear that two investigations confirmed

that whereas, since we know it wasn't true,

it's impossible that either investigation

could have confirmed it.

Q. Let me ask you finally -- this has

been a long road -- how you regard -- what is

your explanation for the fact that there has

been such little national media coverage of

these -- of this trial and this evidence and

this event here in this Memphis courtroom,

which is the first trial ever to be able to

produce evidence on this assassination --

what has happened here that Mighty Wurlitzer

is not sounding but is in fact totally

silent -- almost totally silent?

A. Oh, but -- as we know, silence can be

deafening. Disinformation is not only

getting certain things to appear in print,

it's also getting certain things not to

appear in print. I mean, the first -- the

first thing I would say as a way of

explanation is the incredibly powerful effect

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of disinformation over a long period of time

that I mentioned before. For 30 years the

official line has been that James Earl Ray

killed Martin Luther King and he did it all

by himself. That's 30 years, not -- nothing

like the short period when the line was that

the Cubans raped the Angolan women. But for

30 years it's James Earl Ray killed Dr. King,

did it all by himself.

And when that is imprinted in the

minds of the general public for 30 years, if

somebody stood up and confessed and said: I

did it. Ray didn't do it, I did it. Here's

a movie. Here's a video showing me do it. 99

percent of the people wouldn't believe him

because it just -- it just wouldn't click in

the mind. It would just go right to -- it

couldn't be. It's just a powerful

psychological effect over 30 years of

disinformation that's been imprinted on the

brains of the -- the public. Something to

the country couldn't -- couldn't be.

Q. Not only -- excuse me. Not only

psychological, but weren't you also saying

neurological?

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A. Yes. I'm not a doctor. But what I

understood is that these -- the brain's

patterns of thinking are a physical aspect of

the human brain. That's how we develop

patterns of thought, how we develop

associations.

And then, of course, the Mighty

Wurlitzer we talked about is still there,

it's still playing its tune. And even though

you might think 30 years is a long time, that

almost everybody who might get in trouble is

probably dead by now, that's -- that's how it

works. People obtain influence, people make

vast sums of money through this propaganda.

Those people pass that influence on to

others, they pass the money down the line,

and all of that can be at risk for a very,

very long time.

There are documents from the

investigation of the assassination of Abraham

Lincoln that are still classified. Don't ask

me why, but they were originally sealed for

100 years. And then in 1965 President Linden

Johnson said, well, it's so close to the

Kennedy assassination, if people read the

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Lincoln documents, it might make them think

funny things about Kennedy, so he classified

them for another 50 years. So now the grand

children of anybody around Lincoln was around

are long dead, and these documents are

still -- still classified. And we're talking

today about a case that's 100 years more

immediate than Lincoln. And the

establishment is still the establishment.

Q. Mr. Schaap, thank you very much for

joining us this afternoon.

A. Thank you.

MR. PEPPER: Nothing further,

Your Honor.

THE COURT: Just a moment.

Mr. Garrison?

MR. GARRISON: Your Honor, I

have no questions of this witness.

THE COURT: You have nothing.

Very well. Sir, you may stand down. Thank

you very much.

THE WITNESS: Thank you, Your

Honor.

(Witness excused.)

(Court adjourned until

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December 1, 1999, at 10:00 a.m.)

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