1 00:00:00,640 --> 00:00:03,559 Speaker 1: Welcome to the MLK Tapes, a production of I Heart 2 00:00:03,600 --> 00:00:07,360 Speaker 1: Radio and Tenderfoot TV. The views and opinions expressed in 3 00:00:07,400 --> 00:00:10,559 Speaker 1: this podcast are solely those of the podcast author or 4 00:00:10,600 --> 00:00:14,280 Speaker 1: individuals participating in the podcast, and do not represent those 5 00:00:14,320 --> 00:00:18,720 Speaker 1: of I Heart Media, Tenderfoot TV, or their employees. Listener 6 00:00:18,760 --> 00:00:25,080 Speaker 1: discretion is advised to understand the context of this killing. 7 00:00:25,200 --> 00:00:30,280 Speaker 1: You should understand that Emmett Till, Medgar Evers, for civil 8 00:00:30,360 --> 00:00:33,760 Speaker 1: rights workers who were buried in the levee, We're all 9 00:00:33,920 --> 00:00:39,040 Speaker 1: slain within about fifty or sixty miles of Memphis. Memphis 10 00:00:39,280 --> 00:00:43,320 Speaker 1: as an interesting reputation of being the first degree murder 11 00:00:43,440 --> 00:00:47,159 Speaker 1: capital of America. And in that context we're not talking 12 00:00:47,200 --> 00:00:52,960 Speaker 1: about street crime but organized land hits. So that explains 13 00:00:53,000 --> 00:00:57,040 Speaker 1: why this. If you were gonna kill somebody, Memphis was 14 00:00:57,760 --> 00:01:00,960 Speaker 1: the place to do it, and you pull off the killing, 15 00:01:01,120 --> 00:01:04,160 Speaker 1: and meanwhile, some other folks have done the skull duggery 16 00:01:04,200 --> 00:01:06,800 Speaker 1: and got some SAPs set up to take the dive 17 00:01:07,800 --> 00:01:17,360 Speaker 1: and fifty years later argue about who did what I 18 00:01:17,440 --> 00:01:20,480 Speaker 1: called the Union Hall. I said, a matter of life 19 00:01:20,480 --> 00:01:23,600 Speaker 1: and death. I said, I think these people are planning 20 00:01:23,640 --> 00:01:27,800 Speaker 1: to kill Dr King. The authorities were parade. Oh, we 21 00:01:27,880 --> 00:01:31,199 Speaker 1: found a gun that James ol Ray bought in Birmingham 22 00:01:31,400 --> 00:01:35,000 Speaker 1: that killed Dr King. Except it wasn't the gun that 23 00:01:35,080 --> 00:01:41,080 Speaker 1: killed Dr King. James Lay was upon for the official 24 00:01:41,240 --> 00:01:46,119 Speaker 1: story from My Heart Radio intended for TV. The plan 25 00:01:46,560 --> 00:01:50,840 Speaker 1: was to get King to the city because they wanted 26 00:01:50,840 --> 00:01:53,240 Speaker 1: it handled. In Memphis were dead and in cat Hamon 27 00:01:53,920 --> 00:01:56,440 Speaker 1: and I have lived with it so long, my sion, 28 00:01:56,440 --> 00:02:00,200 Speaker 1: and they scared for me. The Lord told me to 29 00:02:00,320 --> 00:02:02,600 Speaker 1: not the word. I've been want to tell it all 30 00:02:02,680 --> 00:02:08,040 Speaker 1: my life on Bill Claybourn and this is the MLK tapes. 31 00:02:14,639 --> 00:02:17,280 Speaker 1: At the top of this episode, we heard Judge Joe 32 00:02:17,320 --> 00:02:22,640 Speaker 1: Brown speaking at AEEN symposium at Duquesne University marking the 33 00:02:22,680 --> 00:02:27,120 Speaker 1: fiftieth anniversary of the assassinations of Martin King and Robert Kennedy. 34 00:02:27,840 --> 00:02:31,160 Speaker 1: Judge Brown had just completed a fifteen year run as 35 00:02:31,160 --> 00:02:34,799 Speaker 1: a judge on a TV reality show, but before that 36 00:02:35,200 --> 00:02:37,440 Speaker 1: he had been a real judge in Tennessee and had 37 00:02:37,480 --> 00:02:40,079 Speaker 1: presided over the last attempt to get James Earl Ray 38 00:02:40,160 --> 00:02:43,400 Speaker 1: a trial. That case had been brought by Bill Pepper, 39 00:02:43,800 --> 00:02:46,120 Speaker 1: Ray's attorney at the time, and from the stage of 40 00:02:46,120 --> 00:02:50,080 Speaker 1: the same symposium, Pepper spoke about Judge Brown and those 41 00:02:50,080 --> 00:02:55,040 Speaker 1: events of some twenty years before. We were very pleased 42 00:02:55,080 --> 00:02:58,079 Speaker 1: to have Judge Brown on the bench because finally there 43 00:02:58,160 --> 00:03:02,400 Speaker 1: was an impartial object of and I might say courageous 44 00:03:02,440 --> 00:03:05,960 Speaker 1: man up there who was prepared to do what he 45 00:03:06,000 --> 00:03:11,640 Speaker 1: believed was right. No better expert on ballistics did we 46 00:03:11,760 --> 00:03:17,120 Speaker 1: find anywhere than Judge Brown. Judge Brown was indeed an 47 00:03:17,120 --> 00:03:19,760 Speaker 1: expert when it came to guns, and when he spoke 48 00:03:19,840 --> 00:03:22,320 Speaker 1: that day on the shooting of King, he focused on 49 00:03:22,400 --> 00:03:26,800 Speaker 1: race rifle. Was it really the murder weapon? But before 50 00:03:26,800 --> 00:03:29,760 Speaker 1: we get to forensics, the race of twist lands and 51 00:03:29,800 --> 00:03:32,560 Speaker 1: grooves and all that, let's hear what Brown had to 52 00:03:32,600 --> 00:03:34,600 Speaker 1: say about what it was like to be black in 53 00:03:34,680 --> 00:03:38,720 Speaker 1: Memphis in the bad old days. Joe Brown had a 54 00:03:38,800 --> 00:03:41,880 Speaker 1: unique perspective because he had not grown up in Tennessee. 55 00:03:42,560 --> 00:03:45,640 Speaker 1: He had come of age in sunny California, and after 56 00:03:45,720 --> 00:03:48,240 Speaker 1: law school at U c. L A. He accepted a 57 00:03:48,320 --> 00:03:53,320 Speaker 1: challenging legal fellowship in the nation's heartland. Joe Brown arrived 58 00:03:53,360 --> 00:03:57,320 Speaker 1: in Memphis in nineteen seventy three. He noticed the difference 59 00:03:57,400 --> 00:04:03,720 Speaker 1: right away. Appeared for one of the poverty law centers 60 00:04:03,760 --> 00:04:06,640 Speaker 1: I was working at with five clients at the local 61 00:04:06,720 --> 00:04:11,680 Speaker 1: juvenile court. The judge, who had a sixth grade education, 62 00:04:11,720 --> 00:04:14,760 Speaker 1: he dropped out of the sixth grade, thought I was 63 00:04:14,840 --> 00:04:17,520 Speaker 1: on his docket and he called me the inn words. 64 00:04:17,560 --> 00:04:21,800 Speaker 1: So we had at it. But that was the attitude. 65 00:04:22,960 --> 00:04:27,120 Speaker 1: And I've actually been in court rooms in front of 66 00:04:27,120 --> 00:04:31,159 Speaker 1: a jury and the judge used the in word to 67 00:04:31,279 --> 00:04:35,919 Speaker 1: the jury in describing um some of the defendants on trial. 68 00:04:36,680 --> 00:04:41,080 Speaker 1: So it's not unusual now. I also happened to be 69 00:04:41,120 --> 00:04:44,120 Speaker 1: the first black prosecutor for the city in Memphis, and 70 00:04:44,240 --> 00:04:49,240 Speaker 1: one of the interesting, rather disgusting charges that I would 71 00:04:49,320 --> 00:04:53,080 Speaker 1: see on records when I would be asked to make 72 00:04:53,120 --> 00:04:58,120 Speaker 1: an offer on something was something like this reckless eyeballing 73 00:04:58,200 --> 00:05:01,000 Speaker 1: by a colored person. That's a quote on what the 74 00:05:01,120 --> 00:05:06,360 Speaker 1: charge was, colored person refusing to remove from sidewalk for 75 00:05:06,480 --> 00:05:11,239 Speaker 1: passage of white person. This was the interesting one, acting 76 00:05:11,360 --> 00:05:16,080 Speaker 1: too colored in public. So I would see these kind 77 00:05:16,080 --> 00:05:22,240 Speaker 1: of charges on people's rap sheets, and that was the atmosphere. 78 00:05:22,240 --> 00:05:25,400 Speaker 1: In the early nineteen seventies, you still had that thing 79 00:05:25,520 --> 00:05:29,960 Speaker 1: going on. And describing his shock at Landing and what 80 00:05:30,120 --> 00:05:33,120 Speaker 1: for him was the wild West, Judge Brown recalled a 81 00:05:33,120 --> 00:05:37,360 Speaker 1: particular evening in a Memphis courtroom. Well, we had this 82 00:05:37,440 --> 00:05:42,840 Speaker 1: old guy late eighties maybe early nineties, and he was 83 00:05:42,920 --> 00:05:45,600 Speaker 1: on the dockets. So I asked the judge if I 84 00:05:45,640 --> 00:05:49,680 Speaker 1: could advance the case since the arresting officer was coming 85 00:05:49,720 --> 00:05:53,159 Speaker 1: in that evening on a traffic matter. So the judge 86 00:05:53,200 --> 00:05:56,479 Speaker 1: gave me permission. I got the file jacket brought to 87 00:05:56,560 --> 00:06:00,760 Speaker 1: the courtroom and I'm standing around waiting for this case 88 00:06:00,920 --> 00:06:03,800 Speaker 1: to come up. When the back door the courtroom is 89 00:06:03,920 --> 00:06:06,880 Speaker 1: kicked in, and he was an old man. He had 90 00:06:06,960 --> 00:06:11,680 Speaker 1: his Model nineteen three fifty seven Smith up in the air, 91 00:06:12,880 --> 00:06:17,080 Speaker 1: and the many officers in the courtroom, instead of doing 92 00:06:17,120 --> 00:06:19,800 Speaker 1: what you think they do, they all dived under the 93 00:06:19,920 --> 00:06:24,080 Speaker 1: cover of the pews. So he walked in and he said, 94 00:06:24,120 --> 00:06:26,960 Speaker 1: who the devil? Et cetera, et ceter was cussing and 95 00:06:27,000 --> 00:06:30,839 Speaker 1: put his hands on my nigro. So nobody touched my 96 00:06:31,000 --> 00:06:34,880 Speaker 1: nigga's and my hunting animals but me. So he walks 97 00:06:34,960 --> 00:06:37,640 Speaker 1: up to the cop in question, grabs him by the collar, 98 00:06:37,760 --> 00:06:40,520 Speaker 1: puts the pistol to his head and said, I'll blow 99 00:06:40,600 --> 00:06:46,159 Speaker 1: your brains out. I kill you, your granty looking wife, 100 00:06:46,200 --> 00:06:49,599 Speaker 1: all your children, your livestock, and your hunting animals, if 101 00:06:49,640 --> 00:06:55,000 Speaker 1: you ever do this again? Who he walks over and 102 00:06:55,320 --> 00:06:58,920 Speaker 1: shut up. Robert, that was the judge's name. I used 103 00:06:58,960 --> 00:07:01,680 Speaker 1: to do your mama. You you maybe wanna mind it. 104 00:07:01,760 --> 00:07:05,840 Speaker 1: I don't know about it. O. Judge said, Mr Brown, 105 00:07:05,960 --> 00:07:08,880 Speaker 1: whatnover is? He had the dock and I said, yeah, 106 00:07:08,920 --> 00:07:13,160 Speaker 1: I th show those this this. So he walked out 107 00:07:13,160 --> 00:07:16,120 Speaker 1: of here. I said, why didn't nobody do what he thin? 108 00:07:16,240 --> 00:07:23,200 Speaker 1: He said, that's Jimmie Thompson. That's death in Carnie Brown 109 00:07:23,280 --> 00:07:26,800 Speaker 1: didn't know who Jimmy Thompson was, but during a recess 110 00:07:27,000 --> 00:07:29,400 Speaker 1: he was pulled aside by some old timer who tried 111 00:07:29,440 --> 00:07:33,320 Speaker 1: to fill him in. Turns out, Jimmie Thompson had at 112 00:07:33,360 --> 00:07:36,720 Speaker 1: one time been sheriff in Memphis for some sixteen years. 113 00:07:37,480 --> 00:07:40,000 Speaker 1: Here's old guys, let me tell you store about when 114 00:07:40,000 --> 00:07:43,880 Speaker 1: I was a young deputy with the sheriff departing. Before 115 00:07:43,960 --> 00:07:47,360 Speaker 1: I got on, the police departing said we was out 116 00:07:47,400 --> 00:07:50,640 Speaker 1: and you know we busted two good old of a 117 00:07:50,680 --> 00:07:54,240 Speaker 1: couple of good old boys and they were drunk. Jimmy 118 00:07:54,320 --> 00:07:57,880 Speaker 1: Thompson pulled up in his V twelve packet automobile and 119 00:07:57,960 --> 00:08:01,120 Speaker 1: he stopped. He came on, say I know this man. 120 00:08:01,320 --> 00:08:05,240 Speaker 1: He's saying, none but scumb He said, who you? So 121 00:08:05,360 --> 00:08:07,440 Speaker 1: the guy told him, he said, you take care of 122 00:08:07,480 --> 00:08:10,360 Speaker 1: your wife and children. He said, well, yes, sir, I tried, 123 00:08:10,440 --> 00:08:13,080 Speaker 1: so you that's wrong to that right, Get on up 124 00:08:13,120 --> 00:08:16,560 Speaker 1: out of here. He says, I'm wondering what the Sheriff's 125 00:08:16,560 --> 00:08:19,560 Speaker 1: gonna do. He pulls his revolver, I shoots the other 126 00:08:19,600 --> 00:08:22,760 Speaker 1: man in the head. Tways said, I told this scarm 127 00:08:22,840 --> 00:08:25,240 Speaker 1: he ain't on dirty up my jail. No more call 128 00:08:25,360 --> 00:08:28,800 Speaker 1: to meet wagon. So that was my first time meeting 129 00:08:28,840 --> 00:08:32,120 Speaker 1: to share a face to face. He said, Jimmy's gonna 130 00:08:32,200 --> 00:08:35,800 Speaker 1: kill forty five fifty people in his career. So when 131 00:08:35,880 --> 00:08:39,040 Speaker 1: Jimmy pull out a gun, everybody diving for couple because 132 00:08:39,120 --> 00:08:42,520 Speaker 1: somebody likely to that. But you see, this is the 133 00:08:42,600 --> 00:08:47,520 Speaker 1: background in Memphis, Tennessee at this point in time. Joe 134 00:08:47,559 --> 00:08:49,960 Speaker 1: Brown would go on to be the first black prosecutor 135 00:08:50,000 --> 00:08:52,880 Speaker 1: in the city of Memphis, and after that he began 136 00:08:52,920 --> 00:08:57,280 Speaker 1: his own law practice. In he became a criminal court 137 00:08:57,360 --> 00:09:03,200 Speaker 1: judge in Shelby County, which includes Memphis, US In Bill 138 00:09:03,240 --> 00:09:06,200 Speaker 1: Pepper brought a lawsuit seeking to reopen the case against 139 00:09:06,320 --> 00:09:09,680 Speaker 1: James Earl Ray with that time had been imprisoned for 140 00:09:09,760 --> 00:09:14,160 Speaker 1: twenty five years. The case landed in Judge Brown's courtroom, 141 00:09:14,200 --> 00:09:17,240 Speaker 1: a lucky break for Pepper and Ray, because Brown took 142 00:09:17,240 --> 00:09:21,520 Speaker 1: an active interest in the cases that came before him, 143 00:09:21,720 --> 00:09:24,360 Speaker 1: and I did a lot of trial work. And one 144 00:09:24,360 --> 00:09:27,319 Speaker 1: of the things that I did was I helped train 145 00:09:27,440 --> 00:09:31,840 Speaker 1: the Capitol defense team for the Public Defender's Office. So 146 00:09:32,000 --> 00:09:36,280 Speaker 1: that wound up getting me involved in forty forty two 147 00:09:36,320 --> 00:09:40,480 Speaker 1: first degree murder cases. They're fascinating. One of the things 148 00:09:40,559 --> 00:09:45,760 Speaker 1: I learned from trying that kind of case is when 149 00:09:45,800 --> 00:09:48,680 Speaker 1: you get it, go to the scene, take a look 150 00:09:48,720 --> 00:09:52,400 Speaker 1: around and see if what you see on the ground 151 00:09:52,640 --> 00:09:56,760 Speaker 1: matches the theory. Well, one of the problems that came 152 00:09:56,760 --> 00:10:00,800 Speaker 1: out when I got the Ray case is that some 153 00:10:00,960 --> 00:10:04,080 Speaker 1: of the evidence, as far as I was concerned, did 154 00:10:04,120 --> 00:10:09,160 Speaker 1: not match the circumstances. First off, let's get a clarification 155 00:10:09,240 --> 00:10:12,400 Speaker 1: in here. The news media likes to put it out 156 00:10:12,520 --> 00:10:16,160 Speaker 1: James Earl Ray, the self confess killer of Dr Martin 157 00:10:16,240 --> 00:10:19,800 Speaker 1: Luther King. Well, that's an error. He never confessed. He 158 00:10:19,880 --> 00:10:24,440 Speaker 1: always denied it. This might seem like a strange thing 159 00:10:24,520 --> 00:10:28,240 Speaker 1: for Judge Brown to say, because in nineteen sixty nine, 160 00:10:28,600 --> 00:10:31,679 Speaker 1: James L. Ray did plead guilty to the explicit charge 161 00:10:31,880 --> 00:10:35,800 Speaker 1: of murdering Dr Martin Luther King. If you were with 162 00:10:35,880 --> 00:10:40,080 Speaker 1: us in episode four, you heard about the strange circumstances 163 00:10:40,160 --> 00:10:43,240 Speaker 1: under which that plea was made. And as we heard 164 00:10:43,280 --> 00:10:47,000 Speaker 1: from his first attorney, Art Haynes Jr. Ray always said 165 00:10:47,240 --> 00:10:50,440 Speaker 1: that he did not shoot King or anyone else that day. 166 00:10:50,960 --> 00:10:54,000 Speaker 1: So that is what Judge Brown is referring to the 167 00:10:54,120 --> 00:10:58,560 Speaker 1: little known fact that James Earl Ray always said he 168 00:10:58,679 --> 00:11:02,480 Speaker 1: did not shoot Martin Luther King. Of course, the authorities 169 00:11:02,480 --> 00:11:05,400 Speaker 1: said that he did, and their best evidence was not 170 00:11:05,480 --> 00:11:07,840 Speaker 1: the drunk who said he saw Ray running from the scene, 171 00:11:08,520 --> 00:11:11,480 Speaker 1: but the rifle found on the street, the one Ray 172 00:11:11,520 --> 00:11:15,000 Speaker 1: had bought just two days before. But Judge Brown was 173 00:11:15,080 --> 00:11:18,320 Speaker 1: far from convinced that this rifle raised rifle was the 174 00:11:18,360 --> 00:11:23,600 Speaker 1: actual murder weapon. The state claimed that its reasonable factual 175 00:11:23,679 --> 00:11:28,880 Speaker 1: basis was raised rifle a thirty odd six caliber Remingtons 176 00:11:28,920 --> 00:11:33,640 Speaker 1: seven sixty game Master, a pump rifle. The interesting thing 177 00:11:33,880 --> 00:11:38,360 Speaker 1: is is that that really went astray at that point 178 00:11:38,480 --> 00:11:41,880 Speaker 1: because the FBI claimed that they could not make a 179 00:11:41,920 --> 00:11:46,240 Speaker 1: ballistics match between Ray's rifle and the bullet they pulled 180 00:11:46,240 --> 00:11:50,559 Speaker 1: out of King's body. They said it was too distorted 181 00:11:50,640 --> 00:11:55,480 Speaker 1: to test that is the death's lug. However, examining the 182 00:11:55,520 --> 00:11:59,960 Speaker 1: evidence and the evidence room, it most certainly was not there. 183 00:12:00,000 --> 00:12:04,640 Speaker 1: It was a big bruga about me ordering the rifle reachsted. 184 00:12:05,679 --> 00:12:08,320 Speaker 1: In most cases, when you test fire a gun to 185 00:12:08,320 --> 00:12:10,920 Speaker 1: see if it's the weapon used in a particular murder, 186 00:12:11,320 --> 00:12:13,920 Speaker 1: you're creating a bullet that can be compared to the 187 00:12:13,960 --> 00:12:17,079 Speaker 1: death slug. If the markings on the two bullets are 188 00:12:17,120 --> 00:12:20,600 Speaker 1: a perfect match, you have determined that this gun fired 189 00:12:20,640 --> 00:12:23,880 Speaker 1: the fatal shot to the exclusion of all other guns 190 00:12:23,920 --> 00:12:28,120 Speaker 1: in the universe. Very often the match is less than perfect. 191 00:12:28,840 --> 00:12:31,760 Speaker 1: In this case, if the class characteristics are the same, 192 00:12:32,280 --> 00:12:35,800 Speaker 1: like the caliber bullet, you have determined that the weapon 193 00:12:35,880 --> 00:12:39,040 Speaker 1: tested could have fired the bullet, and that's the best 194 00:12:39,080 --> 00:12:43,080 Speaker 1: the FBI could do. In essence, King was killed with 195 00:12:43,120 --> 00:12:46,320 Speaker 1: a thirty caliber bullet, and raised rifle could fire a 196 00:12:46,320 --> 00:12:50,320 Speaker 1: thirty caliber bullet. So what did Judge Brown discover about 197 00:12:50,360 --> 00:12:52,520 Speaker 1: the rifle and the bullet when this case landed in 198 00:12:52,559 --> 00:13:11,719 Speaker 1: his courtroom? Recognize thats the seven sixty game master and 199 00:13:11,800 --> 00:13:16,719 Speaker 1: evidence in this case? Did you have a cadianum to 200 00:13:16,920 --> 00:13:20,120 Speaker 1: consider this weapon as a murder weapon in this case, 201 00:13:21,240 --> 00:13:24,800 Speaker 1: some degree of debt and careful consideration. I did so. 202 00:13:25,559 --> 00:13:28,439 Speaker 1: And when was that? That was during the course of 203 00:13:28,520 --> 00:13:31,840 Speaker 1: proceedings brought by the lady James or A Ray and 204 00:13:31,880 --> 00:13:34,760 Speaker 1: what is known as the post conviction relief proceedings to 205 00:13:35,080 --> 00:13:40,760 Speaker 1: challenge his inviction. You're listening to Judge Joe Brown testify 206 00:13:40,840 --> 00:13:45,640 Speaker 1: at the civil trial. Brown a few years earlier had 207 00:13:45,640 --> 00:13:48,600 Speaker 1: presided over the lawsuits seeking to reopen the case against 208 00:13:48,679 --> 00:13:52,760 Speaker 1: James Earl Ray. The man asking the questions is Bill Pepper, 209 00:13:53,200 --> 00:13:57,440 Speaker 1: who at the civil trial is representing the King family. Now, 210 00:13:58,120 --> 00:14:01,120 Speaker 1: Judge Brown, how long did you pres over those sin 211 00:14:01,840 --> 00:14:04,280 Speaker 1: I'd like to say about three years. It all sort 212 00:14:04,320 --> 00:14:09,200 Speaker 1: of shifts into a blur that got in my courtroom. 213 00:14:09,360 --> 00:14:15,320 Speaker 1: There was at that time a set of laws and 214 00:14:15,960 --> 00:14:19,120 Speaker 1: cases that have been decided that basically caused me to 215 00:14:19,240 --> 00:14:23,080 Speaker 1: deny the petition of James or a Raid. So what 216 00:14:23,280 --> 00:14:27,600 Speaker 1: I've ordered was that the petition would be denied, but 217 00:14:27,720 --> 00:14:30,440 Speaker 1: I will allow the petitioner to put on what is 218 00:14:30,480 --> 00:14:34,880 Speaker 1: known as a proper of proof. In other words, if 219 00:14:34,880 --> 00:14:37,480 Speaker 1: he will allowed to present this evidence, this is what 220 00:14:37,600 --> 00:14:40,400 Speaker 1: it would show. So on appellate court could determine whether 221 00:14:40,520 --> 00:14:44,680 Speaker 1: or not the law need to be needed to be refused. Well, 222 00:14:44,680 --> 00:14:48,040 Speaker 1: in any event, I ordered that the rifle will be retested. 223 00:14:48,200 --> 00:14:51,080 Speaker 1: It went to the Port of Criminal Appeals who went 224 00:14:51,120 --> 00:14:54,680 Speaker 1: along to the prosecutorial side of things and declined to 225 00:14:54,720 --> 00:14:57,680 Speaker 1: allow that rifle to be retested. And issue of state 226 00:14:59,600 --> 00:15:02,480 Speaker 1: the blue that Judge Brown just mentioned has to do 227 00:15:02,560 --> 00:15:04,760 Speaker 1: with the fact that the rate case in his court 228 00:15:05,200 --> 00:15:09,400 Speaker 1: dragged on for the better part of three years to nine. 229 00:15:10,880 --> 00:15:13,480 Speaker 1: It was a legal battle over whether Ray would have 230 00:15:13,480 --> 00:15:16,600 Speaker 1: the right to present evidence that might overturn his conviction, 231 00:15:17,200 --> 00:15:19,800 Speaker 1: even though the statute of limitations for doing such a 232 00:15:19,880 --> 00:15:24,440 Speaker 1: thing had long ago run out. There were orders, stays, appeals, 233 00:15:24,720 --> 00:15:28,360 Speaker 1: changes in state law, more stays. Most of the time 234 00:15:28,480 --> 00:15:31,480 Speaker 1: was spent waiting around for a ruling on some appeal 235 00:15:31,560 --> 00:15:34,560 Speaker 1: of a ruling made in Judge Brown's court. It was 236 00:15:34,600 --> 00:15:39,320 Speaker 1: a frustrating, messy affair that defies any simple description, but 237 00:15:39,440 --> 00:15:43,320 Speaker 1: we will touch on some of the important points. As 238 00:15:43,440 --> 00:15:46,880 Speaker 1: Judge Brown said, the Court of Appeals initially prevented him 239 00:15:46,920 --> 00:15:50,040 Speaker 1: from ordering a test firing of the rifle, but it 240 00:15:50,120 --> 00:15:54,160 Speaker 1: didn't prevent him from going through the case files. Sometime 241 00:15:54,200 --> 00:15:57,640 Speaker 1: in ninety six, he had the death slug fragments put 242 00:15:57,760 --> 00:16:01,400 Speaker 1: under a high powered electron microscope. When he did this, 243 00:16:01,760 --> 00:16:04,440 Speaker 1: sure enough, the rifling had a right hand twist, just 244 00:16:04,560 --> 00:16:07,640 Speaker 1: as the FBI said. But as he told the court 245 00:16:07,720 --> 00:16:11,520 Speaker 1: that day, there was something else, something that required a 246 00:16:11,520 --> 00:16:16,440 Speaker 1: little high school trigonometry. It appears that the death slugged 247 00:16:16,480 --> 00:16:19,200 Speaker 1: it was taken out of King's body, was fired from 248 00:16:19,240 --> 00:16:21,840 Speaker 1: a rifle that had a rate of rifling twist of 249 00:16:21,920 --> 00:16:26,160 Speaker 1: one turn in every eleven and a quarter inches. Raised rifle, 250 00:16:26,560 --> 00:16:29,400 Speaker 1: for those who are interested, had a rate of rifling 251 00:16:29,440 --> 00:16:33,600 Speaker 1: twist of one turn in ten inches. If you've got 252 00:16:33,640 --> 00:16:36,600 Speaker 1: an eleven and a quarter inch rate of rifling twist, 253 00:16:36,680 --> 00:16:41,480 Speaker 1: you're talking custom barrel and James Drew Ray I assure 254 00:16:41,720 --> 00:16:45,480 Speaker 1: you had no access to anybody making custom barrels at 255 00:16:45,520 --> 00:16:51,720 Speaker 1: that time. If Judge Brown's calculations are correct, and you 256 00:16:51,720 --> 00:16:54,040 Speaker 1: could get the case back in court, it would go 257 00:16:54,080 --> 00:16:56,280 Speaker 1: a long way to proving that raised rifle was not 258 00:16:56,320 --> 00:17:00,680 Speaker 1: the murder weapon. More certain still, Judge Brown's poking around 259 00:17:00,720 --> 00:17:04,760 Speaker 1: like that was beginning to make people uncomfortable. Most judges 260 00:17:04,840 --> 00:17:08,400 Speaker 1: don't use microscopes to look at bullets. Most judges don't 261 00:17:08,400 --> 00:17:11,560 Speaker 1: think in terms of metallurgy or rates of twist, but 262 00:17:11,680 --> 00:17:14,720 Speaker 1: Judge Brown did, and the pressure to relieve him of 263 00:17:14,760 --> 00:17:18,560 Speaker 1: his duties increased, and strange things were starting to happen. 264 00:17:19,280 --> 00:17:24,320 Speaker 1: Judge Brown told me of several incidents. In one ninety seven, 265 00:17:24,720 --> 00:17:28,159 Speaker 1: his house was invaded by men wearing ski masks. He 266 00:17:28,200 --> 00:17:31,040 Speaker 1: had gotten home late, fallen asleep at the kitchen table, 267 00:17:31,520 --> 00:17:35,480 Speaker 1: and then woke up. I heard some noise and I 268 00:17:35,600 --> 00:17:39,680 Speaker 1: was sitting in my kitchen and I became aware of 269 00:17:39,760 --> 00:17:43,000 Speaker 1: some shadows out back and some out front. And to 270 00:17:43,080 --> 00:17:46,040 Speaker 1: make a long story short, two people tried to break 271 00:17:46,040 --> 00:17:48,879 Speaker 1: in the front, three in the back at the same time. 272 00:17:50,160 --> 00:17:54,160 Speaker 1: They jammie the screens out of the windows and took 273 00:17:54,280 --> 00:17:57,479 Speaker 1: wild glass cutters to cut the pain out so they 274 00:17:57,520 --> 00:18:02,560 Speaker 1: could open the windows. Were dressed in pretty much the 275 00:18:02,640 --> 00:18:06,280 Speaker 1: same thing, dark clothing, balaklavs with just the eyes out, 276 00:18:07,119 --> 00:18:10,080 Speaker 1: and apparently they had on some heavy kevlar armor and 277 00:18:10,119 --> 00:18:12,960 Speaker 1: they had side arms on the side. I was thinking, 278 00:18:12,960 --> 00:18:16,480 Speaker 1: why the police raiding me? And then I said, these 279 00:18:16,520 --> 00:18:21,320 Speaker 1: aren't police. I'm a sitting judge. This is three thirty 280 00:18:21,359 --> 00:18:25,400 Speaker 1: am in the morning. And they came in and there 281 00:18:25,480 --> 00:18:28,760 Speaker 1: was a shootout. I wound up having to patch the walls. 282 00:18:28,880 --> 00:18:31,960 Speaker 1: I called my friend Winfrey, who was the director of 283 00:18:31,960 --> 00:18:35,760 Speaker 1: the police at that time. He came out. We looked around. 284 00:18:35,880 --> 00:18:39,240 Speaker 1: We found some blood trails out front, out back, and 285 00:18:40,040 --> 00:18:42,840 Speaker 1: there was no report of anyone being treated in an 286 00:18:42,840 --> 00:18:47,040 Speaker 1: emergency room and no reports of this incident. So that's 287 00:18:47,200 --> 00:18:54,400 Speaker 1: a little wild. But actually my disposition I found it intriguing. 288 00:18:55,560 --> 00:18:59,400 Speaker 1: Intriguing or not. According to Judge Brown, nothing ever came 289 00:18:59,440 --> 00:19:03,000 Speaker 1: of that into in but one afternoon, not long after that, 290 00:19:03,440 --> 00:19:05,399 Speaker 1: Brown said he got a phone call while he was 291 00:19:05,440 --> 00:19:09,000 Speaker 1: in court. What's going on, Judge, is to Detective Song. 292 00:19:09,119 --> 00:19:11,120 Speaker 1: So and Song so we're out in the parking lot. 293 00:19:11,280 --> 00:19:16,280 Speaker 1: Somebody's trying to break in your lexus. Okay. Five minutes later, 294 00:19:16,600 --> 00:19:20,240 Speaker 1: Judge the Song so they were trying to plant two 295 00:19:20,320 --> 00:19:24,320 Speaker 1: key loads of coke in your car. Oh wow, all right, 296 00:19:24,680 --> 00:19:28,280 Speaker 1: we got them. What's going on? They stayed there, were 297 00:19:28,320 --> 00:19:32,280 Speaker 1: with a federal agency and uh, they made a mistake 298 00:19:32,400 --> 00:19:35,600 Speaker 1: during this sting. But your name's on your parking place, 299 00:19:35,800 --> 00:19:40,800 Speaker 1: you know. Stuff like that. It's hard to know just 300 00:19:40,840 --> 00:19:44,040 Speaker 1: what to make of such stories, but Judge Brown feels 301 00:19:44,080 --> 00:19:46,160 Speaker 1: they were related to his handling of the race case, 302 00:19:46,960 --> 00:19:49,760 Speaker 1: and things were starting to heat up because, although he 303 00:19:49,800 --> 00:19:52,679 Speaker 1: had initially been prevented from having the rifle test fired, 304 00:19:53,200 --> 00:19:56,440 Speaker 1: Judge Brown finally won permission to do that very thing. 305 00:19:57,359 --> 00:20:01,080 Speaker 1: The rifle was tested by ballistics expert Robert Hathaway at 306 00:20:01,080 --> 00:20:04,760 Speaker 1: the University of Rhode Island Crime Lab, and two weeks 307 00:20:04,840 --> 00:20:09,639 Speaker 1: later the results were revealed in court. After hearing testimony 308 00:20:09,680 --> 00:20:14,040 Speaker 1: from ballistics experts, Memphis, Judge Joe Brown decided further examination 309 00:20:14,080 --> 00:20:17,840 Speaker 1: of test fire bullets from James R. Ray's rifle maybe needed. 310 00:20:18,960 --> 00:20:21,520 Speaker 1: This was one headline the day after the test results 311 00:20:21,520 --> 00:20:25,760 Speaker 1: of the rifle were announced. Hathaway testified that he fired 312 00:20:25,840 --> 00:20:29,280 Speaker 1: and recovered eighteen bullets like the one that killed Dr. King. 313 00:20:30,119 --> 00:20:33,720 Speaker 1: Twelve of those eighteen emerged with unique markings matching them 314 00:20:33,720 --> 00:20:36,960 Speaker 1: to each other and to the rifle itself, but they 315 00:20:36,960 --> 00:20:41,359 Speaker 1: didn't match the fatal slug recovered from Dr. King. But 316 00:20:41,560 --> 00:20:45,120 Speaker 1: six bullets did not have those particular markings, even though 317 00:20:45,160 --> 00:20:49,440 Speaker 1: they were fired from the same weapon. Hathaway's tests strongly 318 00:20:49,520 --> 00:20:52,800 Speaker 1: suggested that the death slug was not fired from Ray's rifle, 319 00:20:53,320 --> 00:20:56,439 Speaker 1: but it was short of proving that if six bullets 320 00:20:56,480 --> 00:20:58,240 Speaker 1: could have been fired by the rifle but not be 321 00:20:58,400 --> 00:21:01,320 Speaker 1: with certainty trace back to it. Then the same could 322 00:21:01,320 --> 00:21:04,080 Speaker 1: be true for the death slog. There was immediate talk 323 00:21:04,160 --> 00:21:08,480 Speaker 1: of retest. More scientific tests may be conducted on James 324 00:21:08,480 --> 00:21:11,000 Speaker 1: Earl Ray's rifle to see if it was used to 325 00:21:11,080 --> 00:21:15,680 Speaker 1: kill Martin Luther King. Tests described Friday were inconclusive, though 326 00:21:15,920 --> 00:21:18,480 Speaker 1: a build up of material and the rifle barrel could 327 00:21:18,480 --> 00:21:21,800 Speaker 1: be to blame. But today experts told that Joe Brown 328 00:21:22,119 --> 00:21:25,080 Speaker 1: James L. Ray's rifle had not been thoroughly cleaned since 329 00:21:25,119 --> 00:21:27,639 Speaker 1: the last test firing, and that build up within the 330 00:21:27,680 --> 00:21:34,320 Speaker 1: barrel may have jeopardized the accuracy of this testing. As 331 00:21:34,359 --> 00:21:36,800 Speaker 1: soon as the results of the rifle test were announced, 332 00:21:37,160 --> 00:21:39,879 Speaker 1: Bill Pepper asked for the rifle to be tested again. 333 00:21:40,720 --> 00:21:44,040 Speaker 1: Judge Brown then asked the Appeals Court for permission to 334 00:21:44,119 --> 00:21:47,960 Speaker 1: retest the gun after it had been cleaned. What we 335 00:21:48,080 --> 00:21:51,200 Speaker 1: wanted was to get everything out so we could get 336 00:21:51,240 --> 00:21:56,159 Speaker 1: a pristine bore and get the best sample possible. There's 337 00:21:56,200 --> 00:22:00,080 Speaker 1: a company called Outers and they made cleaning supply is 338 00:22:00,160 --> 00:22:05,440 Speaker 1: for weapons. They had a reverse plating device known as 339 00:22:05,480 --> 00:22:09,119 Speaker 1: a foul out, and what you do is when you 340 00:22:09,280 --> 00:22:11,840 Speaker 1: hook the weapons rifle up to this, you get an 341 00:22:12,119 --> 00:22:18,359 Speaker 1: electric current going which causes any fouling in the bore 342 00:22:18,520 --> 00:22:22,240 Speaker 1: to come out without having to scrub it. But the 343 00:22:22,280 --> 00:22:26,200 Speaker 1: authorities were not keen on this proposal. State witness Tommy 344 00:22:26,240 --> 00:22:29,919 Speaker 1: Heflin of the Tennessee Bureau of an Investigation testified, cleaning 345 00:22:29,960 --> 00:22:32,800 Speaker 1: the rifle may damage it and could alter the markings 346 00:22:32,800 --> 00:22:35,760 Speaker 1: on the bullets win fire. So you're gonna change and 347 00:22:36,160 --> 00:22:39,120 Speaker 1: either take away or you're gonna add things to them. 348 00:22:39,880 --> 00:22:41,800 Speaker 1: They had the idea of what you're gonna do is 349 00:22:41,840 --> 00:22:44,000 Speaker 1: take a wire brush and run it up and down 350 00:22:44,080 --> 00:22:48,280 Speaker 1: the boar, and they were worried about that damaging the rifle. 351 00:22:49,160 --> 00:22:52,120 Speaker 1: They had a very peculiar thing that they put in 352 00:22:52,160 --> 00:22:58,199 Speaker 1: their documentation to state said if the rifle is tested 353 00:22:59,680 --> 00:23:05,720 Speaker 1: at this point, it may become damaged, which would quote 354 00:23:05,720 --> 00:23:11,560 Speaker 1: prevented from being retested in the future unquote. Now that 355 00:23:11,600 --> 00:23:14,320 Speaker 1: one eludes me. If you don't want it tested now, 356 00:23:14,560 --> 00:23:18,440 Speaker 1: why do you want it tested in the future. As 357 00:23:18,440 --> 00:23:21,359 Speaker 1: it turned out, Judge Brown never got permission to test 358 00:23:21,359 --> 00:23:24,680 Speaker 1: the rifle again, and what finally happened to raise appeal. 359 00:23:25,520 --> 00:23:29,000 Speaker 1: Here is Judge Brown's response to that very question asked 360 00:23:29,000 --> 00:23:34,199 Speaker 1: by Bill Pepper at the civil trial. Well, they're removed 361 00:23:34,320 --> 00:23:36,840 Speaker 1: from the case. He said, I'll be biased for James 362 00:23:36,920 --> 00:23:41,280 Speaker 1: row a rate which I found rather astonishing. Anybody knows 363 00:23:41,400 --> 00:23:43,640 Speaker 1: me to be being a biased in favor of itself 364 00:23:43,640 --> 00:23:47,080 Speaker 1: about racist and bigot is just absolutely disgusting in the 365 00:23:47,160 --> 00:23:50,840 Speaker 1: concept what I've always tried to do to be fair 366 00:23:50,920 --> 00:23:54,560 Speaker 1: and Parson wotfully detached, straight down the middle and sometimes 367 00:23:54,600 --> 00:23:57,880 Speaker 1: with another that upsets people when things don't go as 368 00:23:57,920 --> 00:24:00,760 Speaker 1: they expect them to go, or you were ruined by 369 00:24:00,840 --> 00:24:04,480 Speaker 1: the from a case by Whome Tennessee Cord from Peas 370 00:24:06,320 --> 00:24:09,359 Speaker 1: So Judge Brown was removed and another judge was brought 371 00:24:09,400 --> 00:24:13,359 Speaker 1: in and raised petition for post conviction relief was dismissed. 372 00:24:14,240 --> 00:24:18,680 Speaker 1: But the mystery surrounding Raise Rifle have only deepened. Anyone 373 00:24:18,760 --> 00:24:21,160 Speaker 1: today who looks into the case can learn soon enough 374 00:24:21,520 --> 00:24:23,879 Speaker 1: that the FBI could not match the death slug to 375 00:24:23,960 --> 00:24:26,959 Speaker 1: Raise rifle. But at the time of the murder and 376 00:24:27,040 --> 00:24:30,399 Speaker 1: raise subsequent plea hearing a year later, the common wisdom 377 00:24:30,440 --> 00:24:32,680 Speaker 1: in the country was that a match had been made. 378 00:24:33,320 --> 00:24:53,320 Speaker 1: How had this come about? It is incumbent upon the 379 00:24:53,480 --> 00:24:55,800 Speaker 1: state in a plea of guilty to murder in the 380 00:24:55,880 --> 00:24:59,640 Speaker 1: first degree to put on certain proof for your consideration. 381 00:25:00,400 --> 00:25:02,640 Speaker 1: We have to put on proof of what we lawyers 382 00:25:02,720 --> 00:25:06,639 Speaker 1: call the proof of corpus delicti, which is the body 383 00:25:06,840 --> 00:25:10,479 Speaker 1: of the crime. This is a reading of the words 384 00:25:10,520 --> 00:25:14,680 Speaker 1: of Assistant Attorney General James Beasley, spoken at Ray's plea 385 00:25:14,760 --> 00:25:18,919 Speaker 1: hearing in March nineteen sixty eight in Tennessee. At the time, 386 00:25:19,400 --> 00:25:22,639 Speaker 1: after a person had pleaded guilty to murder, the state 387 00:25:22,720 --> 00:25:25,560 Speaker 1: was obligated to present some of the evidence they would 388 00:25:25,560 --> 00:25:28,840 Speaker 1: have offered had there been a trial. So the state 389 00:25:28,920 --> 00:25:32,560 Speaker 1: put on an abbreviated and uncontested version of their case. 390 00:25:33,400 --> 00:25:36,320 Speaker 1: They called witnesses who saw doctor King brought down by 391 00:25:36,320 --> 00:25:39,520 Speaker 1: a bullet. They introduced a doctor who said that doctor 392 00:25:39,600 --> 00:25:42,760 Speaker 1: King died because of that bullet, and a police officer 393 00:25:42,800 --> 00:25:47,040 Speaker 1: who found a thirty caliber rifle on the street. Beasley 394 00:25:47,080 --> 00:25:50,399 Speaker 1: then spoke of an expert who would testify that he 395 00:25:50,560 --> 00:25:54,359 Speaker 1: discovered the fingerprints of James Earl Ray on that rifle, 396 00:25:54,960 --> 00:25:58,600 Speaker 1: and then the clincher assistant A. G. Beasley spoke of 397 00:25:58,640 --> 00:26:02,160 Speaker 1: an FBI man who testify at the trial had there 398 00:26:02,160 --> 00:26:05,639 Speaker 1: been one, as to his examination of the death slug 399 00:26:06,000 --> 00:26:09,919 Speaker 1: and its relationship to the found rifle. He examined the 400 00:26:09,960 --> 00:26:13,199 Speaker 1: cartridges the whole from the chamber of this rifle the 401 00:26:13,320 --> 00:26:16,800 Speaker 1: slug removed from the body of doctor Martin Luther King, Jr. 402 00:26:17,040 --> 00:26:20,800 Speaker 1: And would testify to his conclusions as follows. The death 403 00:26:20,840 --> 00:26:24,399 Speaker 1: slug was identical in all physical characteristics with the five 404 00:26:24,480 --> 00:26:28,120 Speaker 1: loaded thirty at six Springfield cartridges found in the bag 405 00:26:28,200 --> 00:26:31,480 Speaker 1: in front of cannipes. The cartridge case had in fact 406 00:26:31,560 --> 00:26:34,639 Speaker 1: been fired in this thirty at six rifle, that the 407 00:26:34,680 --> 00:26:38,040 Speaker 1: death slug removed from the body contained land and groove 408 00:26:38,080 --> 00:26:42,320 Speaker 1: impressions and direction of twist consistent with those that were 409 00:26:42,320 --> 00:26:46,560 Speaker 1: in the barrel of this rifle. To the jurors and 410 00:26:46,600 --> 00:26:49,680 Speaker 1: the newsmen in the room, it seemed that nothing more 411 00:26:49,760 --> 00:26:53,040 Speaker 1: needed to be said. But Mark Lane, who would be 412 00:26:53,119 --> 00:26:56,679 Speaker 1: raised attorney eight years later, said the following about what 413 00:26:56,800 --> 00:27:01,119 Speaker 1: had happened in his book Murder in Memphis. Quote. The 414 00:27:01,240 --> 00:27:05,040 Speaker 1: veteran lawyers in the courtroom smiled to themselves in much 415 00:27:05,080 --> 00:27:08,840 Speaker 1: the same way as professional magicians might do when they 416 00:27:08,880 --> 00:27:12,040 Speaker 1: observed an audience puzzled by a simple but well performed trick. 417 00:27:13,119 --> 00:27:16,439 Speaker 1: So what was the trick? All the fancy talk of 418 00:27:16,480 --> 00:27:20,399 Speaker 1: direction of twists and landing grooves impressions being consistent with 419 00:27:20,480 --> 00:27:23,520 Speaker 1: the barrel of Ray's rifle didn't mean that the bullet 420 00:27:23,520 --> 00:27:26,399 Speaker 1: had been matched to the rifle. It only meant that 421 00:27:26,520 --> 00:27:30,040 Speaker 1: Ray's rifle could have fired that bullet, along with thousands 422 00:27:30,040 --> 00:27:33,959 Speaker 1: of other thirty caliber rifles. But to the newsmen present 423 00:27:34,040 --> 00:27:36,679 Speaker 1: and the American people who would read their stories, the 424 00:27:36,760 --> 00:27:40,080 Speaker 1: case was a slam dunk. Not only had Ray entered 425 00:27:40,080 --> 00:27:42,959 Speaker 1: a guilty plea the police that found his rifle and 426 00:27:43,040 --> 00:27:46,040 Speaker 1: determined that it was the gun that killed King, but 427 00:27:46,200 --> 00:27:50,399 Speaker 1: just below the surface, practically in plain sight, was a 428 00:27:50,480 --> 00:27:53,560 Speaker 1: much more troubling problem about the attempt to match the 429 00:27:53,640 --> 00:27:56,480 Speaker 1: death slug to the gun purchased by James Earl Ray. 430 00:27:57,520 --> 00:28:00,520 Speaker 1: But as simple as it was, it took any five 431 00:28:00,600 --> 00:28:05,439 Speaker 1: years for it to raise its ugly head. Captain, do 432 00:28:05,480 --> 00:28:11,800 Speaker 1: you recognize this photograph? I recognize the body directs a 433 00:28:11,920 --> 00:28:14,760 Speaker 1: bullet that was there as being a photograph that I 434 00:28:14,840 --> 00:28:19,080 Speaker 1: took at the morgue of Dr Martin Luther King. This 435 00:28:19,119 --> 00:28:23,960 Speaker 1: audio comes from the HBO trial. Bill Pepper is cross 436 00:28:24,000 --> 00:28:28,200 Speaker 1: examining Captain Tommy Smith, who was a Memphis Police lieutenant 437 00:28:28,320 --> 00:28:31,080 Speaker 1: at the time of the murder. Off to the side 438 00:28:31,400 --> 00:28:35,000 Speaker 1: next to where Pepper is standing. Dr King's lifeless back 439 00:28:35,400 --> 00:28:40,000 Speaker 1: is displayed on a screen. Attorney Pepper gestures towards the image. 440 00:28:40,680 --> 00:28:43,600 Speaker 1: When you're pointing to the bullet. Are you indicating this 441 00:28:43,920 --> 00:28:48,680 Speaker 1: lump here? Dr King's back by his shoulder blade area? 442 00:28:49,040 --> 00:28:53,080 Speaker 1: Did you attempt to determine the from outside the skin 443 00:28:53,200 --> 00:28:57,080 Speaker 1: the structure of that bullet under the skin? Yes? Or 444 00:28:57,120 --> 00:29:00,680 Speaker 1: I did, and you could take your finger and pinch 445 00:29:00,800 --> 00:29:03,920 Speaker 1: and fea and roll that bullet under the skin. But 446 00:29:04,120 --> 00:29:06,640 Speaker 1: did you do that? I did? And what did you 447 00:29:06,720 --> 00:29:09,680 Speaker 1: feel as you pinched? And I felt a very good 448 00:29:09,720 --> 00:29:12,920 Speaker 1: bullet and was very thankful that we had a bullet 449 00:29:12,960 --> 00:29:16,720 Speaker 1: to compare, And was it in one piece? And intact 450 00:29:16,840 --> 00:29:20,640 Speaker 1: what I could fea was in one piece? In preparing 451 00:29:20,680 --> 00:29:24,280 Speaker 1: for the televised mock trial, Pepper had discovered the photograph 452 00:29:24,320 --> 00:29:27,600 Speaker 1: of King's back in the police files. When he found 453 00:29:27,600 --> 00:29:30,960 Speaker 1: out who had taken it, he contacted Captain Smith, who 454 00:29:31,000 --> 00:29:33,360 Speaker 1: agreed to testify as to what he had seen that 455 00:29:33,520 --> 00:29:37,240 Speaker 1: night and if Smith were correct, if the lump under 456 00:29:37,280 --> 00:29:39,920 Speaker 1: the skin was indeed the death slog, and if it 457 00:29:39,920 --> 00:29:42,160 Speaker 1: were in such good condition that it could roll around 458 00:29:42,240 --> 00:29:45,640 Speaker 1: under the skin at one point in time did it 459 00:29:45,680 --> 00:29:48,920 Speaker 1: become the three grossly misshaped pieces of lead, which is 460 00:29:48,960 --> 00:29:51,960 Speaker 1: what we have of the fatal bullet today. It's a 461 00:29:52,080 --> 00:29:55,920 Speaker 1: valid question and one without a good answer. The problem 462 00:29:55,960 --> 00:29:59,000 Speaker 1: for Pepper was that although Smith had touched the object 463 00:29:59,160 --> 00:30:01,720 Speaker 1: under the skin and rolled it around with his finger, 464 00:30:02,280 --> 00:30:05,800 Speaker 1: he had not actually seen the bullet removed. But then 465 00:30:05,840 --> 00:30:08,480 Speaker 1: Pepper discovered a man who was said to have seen 466 00:30:08,480 --> 00:30:12,600 Speaker 1: the bullet taken from King's body. It was retired homicide 467 00:30:12,600 --> 00:30:16,480 Speaker 1: detective Barry Lynnville, who lived some distance outside of Memphis. 468 00:30:17,240 --> 00:30:20,200 Speaker 1: Pepper called detective Lynnville and asked if he could come 469 00:30:20,240 --> 00:30:23,480 Speaker 1: by with a few questions about the King murder. When 470 00:30:23,480 --> 00:30:27,240 Speaker 1: Pepper arrived, Lynnville asserted that he had indeed been in 471 00:30:27,280 --> 00:30:29,800 Speaker 1: the autopsy room and that he had seen the death 472 00:30:29,840 --> 00:30:34,400 Speaker 1: slug removed from doctor King's shoulder. Pepper then showed Lynnville 473 00:30:34,680 --> 00:30:38,080 Speaker 1: the FBI photo of the three bullet fragments said to 474 00:30:38,120 --> 00:30:42,080 Speaker 1: be what remained of the death slug. Lynville was stunned 475 00:30:42,640 --> 00:30:46,080 Speaker 1: because the fragments in the photo in no way resembled 476 00:30:46,120 --> 00:30:49,680 Speaker 1: what he saw in the morgue. Detective Lynnville could not 477 00:30:49,760 --> 00:30:53,080 Speaker 1: be compelled to appear at the HBO trial. He could 478 00:30:53,080 --> 00:30:56,080 Speaker 1: have stayed out of it, but he was so disturbed 479 00:30:56,200 --> 00:30:59,800 Speaker 1: by what he saw he agreed to testify, where he 480 00:30:59,840 --> 00:31:04,960 Speaker 1: was questioned by Bill Pepper. And were you present when 481 00:31:04,960 --> 00:31:10,040 Speaker 1: the body was received at the Morgan in Dr Francisco's presence, Yes, 482 00:31:10,760 --> 00:31:15,240 Speaker 1: and would you describe? But what happened at that point? 483 00:31:16,160 --> 00:31:18,920 Speaker 1: We're examined the wound and then when we turned the 484 00:31:18,960 --> 00:31:21,720 Speaker 1: body over we could see the bullet underneath the skin 485 00:31:21,800 --> 00:31:26,200 Speaker 1: on the left shoulder. Were you present when that bullet 486 00:31:26,240 --> 00:31:30,240 Speaker 1: was removed? Yes? And how was that done? With a 487 00:31:30,320 --> 00:31:35,480 Speaker 1: scap and who did that, Doctor Francisco? You observed Dr 488 00:31:35,520 --> 00:31:41,360 Speaker 1: Francisco removed the bullet the death slug. Would you describe 489 00:31:41,360 --> 00:31:45,520 Speaker 1: this bullet appeared to be a thirty all six caliber 490 00:31:46,320 --> 00:31:51,560 Speaker 1: UH copper. The entire copper jacket was intact in the 491 00:31:51,680 --> 00:31:55,520 Speaker 1: end of the bullet was flattened out. The lead at 492 00:31:55,520 --> 00:31:57,360 Speaker 1: the end of the thirty dollar six it's got about 493 00:31:57,920 --> 00:32:00,880 Speaker 1: all appropment quarter of an ancient lead and would flattened out. 494 00:32:00,920 --> 00:32:04,320 Speaker 1: But the copper was all intact and showed excellent land 495 00:32:04,360 --> 00:32:07,520 Speaker 1: and bruise. And how many bullets would you say you 496 00:32:07,680 --> 00:32:12,880 Speaker 1: have seen in your homicide career? Foutums And in terms 497 00:32:12,960 --> 00:32:15,920 Speaker 1: of the physical condition of this bullet, how would you 498 00:32:16,040 --> 00:32:20,600 Speaker 1: rate it? I'd rated on our scale of one to day, 499 00:32:20,600 --> 00:32:25,800 Speaker 1: and i'd rated man intact intact. Pepper then displayed the 500 00:32:25,800 --> 00:32:29,800 Speaker 1: official FBI photo of the disclog in three fragments. Do 501 00:32:29,920 --> 00:32:33,800 Speaker 1: you see these three fragments on the screen? These have 502 00:32:33,840 --> 00:32:38,120 Speaker 1: been introduced as the death slug in this case? Is 503 00:32:38,120 --> 00:32:41,520 Speaker 1: this the bullet you saw? No? Does it resemble the 504 00:32:41,520 --> 00:32:44,880 Speaker 1: bullets you saw in any way? No? I have no 505 00:32:44,920 --> 00:32:50,320 Speaker 1: further questions for Prosecutor Hickman. Ewing rose and began his 506 00:32:50,360 --> 00:32:55,120 Speaker 1: cross examination. Lynnville's story of seeing a near perfect bullet 507 00:32:55,240 --> 00:32:59,400 Speaker 1: removed from King's back presented serious problems, problems that had 508 00:32:59,440 --> 00:33:02,480 Speaker 1: never been exp floored before, because for twenty five years, 509 00:33:02,640 --> 00:33:06,160 Speaker 1: the death slug had been represented by three very distorted 510 00:33:06,160 --> 00:33:09,800 Speaker 1: pieces of lead. How could that be if the actual 511 00:33:09,920 --> 00:33:15,120 Speaker 1: bullet had emerged intact? Eing questioned Linnville, but his story 512 00:33:15,200 --> 00:33:18,920 Speaker 1: remained the same. Ewing then had Linnville come down from 513 00:33:18,920 --> 00:33:22,240 Speaker 1: the witness stand and draw on an easel a rough 514 00:33:22,320 --> 00:33:25,840 Speaker 1: picture of the bullet he had seen removed from King's body. 515 00:33:26,400 --> 00:33:29,800 Speaker 1: The bullet he drew was in one piece and perfectly 516 00:33:29,880 --> 00:33:34,640 Speaker 1: shaped except for some flattening on the tip. Ewing was stumped. 517 00:33:35,840 --> 00:33:38,760 Speaker 1: You're saying what you all saw taken out of doctor 518 00:33:38,840 --> 00:33:41,920 Speaker 1: King looked like that. It was. It was perfect in 519 00:33:42,000 --> 00:33:46,000 Speaker 1: every manner. We felt like we'd found a piece of 520 00:33:46,040 --> 00:33:48,479 Speaker 1: gold when we found a bullet. Have you been asked 521 00:33:48,520 --> 00:33:52,120 Speaker 1: about this over the last twenty five years? Is this 522 00:33:52,200 --> 00:33:55,320 Speaker 1: the first time a week ago? Just first time a 523 00:33:55,360 --> 00:33:57,920 Speaker 1: week the first time I've been asked about the bullet? Ever, 524 00:34:02,000 --> 00:34:05,080 Speaker 1: Lynnville said to Ewing that when they discovered the fatal 525 00:34:05,120 --> 00:34:08,239 Speaker 1: bullet in near pristine condition, they felt like they had 526 00:34:08,280 --> 00:34:11,319 Speaker 1: found a piece of gold. He meant that a death 527 00:34:11,360 --> 00:34:14,600 Speaker 1: slug in such good condition carries a lot of information 528 00:34:14,680 --> 00:34:17,759 Speaker 1: that can be very useful in solving a crime. In 529 00:34:17,800 --> 00:34:21,160 Speaker 1: this case, such a bullet might well have proved without 530 00:34:21,200 --> 00:34:24,399 Speaker 1: a doubt, that hadn't been fired by Ray's rifle, as 531 00:34:24,400 --> 00:34:27,319 Speaker 1: the district attorney said it was, or it might have 532 00:34:27,400 --> 00:34:31,000 Speaker 1: proved that race gun had not fired this bullet. This 533 00:34:31,080 --> 00:34:34,319 Speaker 1: is a strange conflict to discover twenty five years after 534 00:34:34,400 --> 00:34:38,000 Speaker 1: an important murder. Regarding the most critical piece of physical evidence. 535 00:34:39,239 --> 00:34:43,160 Speaker 1: Prosecutor Ewing couldn't really argue with Lynnville about what he 536 00:34:43,200 --> 00:34:47,880 Speaker 1: said he saw he wasn't there. Lynnville was, but he 537 00:34:47,920 --> 00:34:52,240 Speaker 1: could challenge his testimony in another way. When ballistics expert 538 00:34:52,320 --> 00:34:55,520 Speaker 1: Charles Morton took the stand, Ewing pointed to the images 539 00:34:55,560 --> 00:34:59,080 Speaker 1: of the three pieces of lead shown in the FBI photograph, 540 00:34:59,520 --> 00:35:02,400 Speaker 1: and then you got these little pieces here, how how 541 00:35:02,480 --> 00:35:04,759 Speaker 1: much would you say that would weigh? Well, I'm in 542 00:35:04,760 --> 00:35:06,840 Speaker 1: an advantage. I read the report that says at sixty 543 00:35:06,840 --> 00:35:08,960 Speaker 1: four grains, which a little bit less than half of 544 00:35:09,080 --> 00:35:12,359 Speaker 1: the weight. You're saying a perfect bullet, it's hundred and 545 00:35:12,400 --> 00:35:18,480 Speaker 1: fifty grains, and this weighed sixty four point four grains right. 546 00:35:19,560 --> 00:35:22,680 Speaker 1: Ewing then wrote the numbers one, fifty and sixty four 547 00:35:23,000 --> 00:35:26,080 Speaker 1: side by side on an easel with Lynnville's drawing of 548 00:35:26,120 --> 00:35:29,400 Speaker 1: the bullet to make his point the bullet fragments weighed 549 00:35:29,480 --> 00:35:32,920 Speaker 1: less than half of what Lynnville said he saw. Ewing 550 00:35:33,080 --> 00:35:35,840 Speaker 1: may have felt as though he had damaged Lynnville's assertion 551 00:35:35,920 --> 00:35:39,239 Speaker 1: of an intact bullet, but to the jurors who would 552 00:35:39,320 --> 00:35:43,520 Speaker 1: ultimately find Ray not guilty, the large difference in appearance 553 00:35:43,560 --> 00:35:46,720 Speaker 1: and wait may well have made them feel that something 554 00:35:47,280 --> 00:35:52,480 Speaker 1: was very wrong. Assuming that Officer Smith and Detective Lynnville 555 00:35:52,520 --> 00:35:54,600 Speaker 1: are telling the truth and I can think of no 556 00:35:54,680 --> 00:35:58,440 Speaker 1: reason for them to lie. We are presented with two possibilities. 557 00:35:59,239 --> 00:36:01,880 Speaker 1: The first is that something happened to the evidence bullet, 558 00:36:02,200 --> 00:36:05,000 Speaker 1: some handling or mishandling to make it look like it 559 00:36:05,000 --> 00:36:08,200 Speaker 1: does today. But how are there no records of this? 560 00:36:08,800 --> 00:36:11,120 Speaker 1: And how does a found bullet lose more than half 561 00:36:11,160 --> 00:36:15,160 Speaker 1: its weight. The other possibility is that the bullet seen 562 00:36:15,200 --> 00:36:18,680 Speaker 1: by Lynnville was discarded and the mangled lead we see 563 00:36:18,719 --> 00:36:21,680 Speaker 1: today was put in its place. I don't know the 564 00:36:21,719 --> 00:36:24,239 Speaker 1: answer here, and this may be a bigger leap than 565 00:36:24,280 --> 00:36:27,279 Speaker 1: some of you are willing to make, But for context, 566 00:36:27,400 --> 00:36:30,200 Speaker 1: I can say that I studied the Robert Kennedy murder 567 00:36:30,239 --> 00:36:32,920 Speaker 1: for years, I wrote a book about it, and what 568 00:36:33,040 --> 00:36:35,520 Speaker 1: I can tell you to a certainty is that the 569 00:36:35,560 --> 00:36:38,799 Speaker 1: police lied about the bullet evidence they recovered, and when 570 00:36:38,840 --> 00:36:41,680 Speaker 1: that lie was about to be exposed, they destroyed the 571 00:36:41,680 --> 00:36:45,360 Speaker 1: evidence itself. Again, I don't know what happened to the 572 00:36:45,360 --> 00:36:47,840 Speaker 1: bullet in the kin case, but when you were looking 573 00:36:47,880 --> 00:36:51,000 Speaker 1: at evidence presented by the authorities, you might do well 574 00:36:51,040 --> 00:36:55,880 Speaker 1: to remember the song. It ain't necessarily so. Also, I 575 00:36:55,920 --> 00:36:58,279 Speaker 1: invite you to go to our website and look at 576 00:36:58,320 --> 00:37:01,719 Speaker 1: the photograph of the death slug fry mints posted alongside 577 00:37:01,760 --> 00:37:04,640 Speaker 1: the drawing of the evidence bullet made by the detective Lynnville. 578 00:37:05,440 --> 00:37:08,840 Speaker 1: The explanation for the difference may be innocent, or it 579 00:37:08,880 --> 00:37:13,080 Speaker 1: may be nefarious, but whatever it is, this is one 580 00:37:13,160 --> 00:37:16,040 Speaker 1: hell of an alteration of a prime piece of evidence. 581 00:37:17,360 --> 00:37:19,960 Speaker 1: A problem with a bullet might also be a reason 582 00:37:20,160 --> 00:37:23,560 Speaker 1: why there was such pressure en Ray to plead guilty. 583 00:37:23,719 --> 00:37:26,560 Speaker 1: For if he had a trial and an attorney serving 584 00:37:26,600 --> 00:37:30,640 Speaker 1: his interests, that attorney may well have discovered the conflict. 585 00:37:31,239 --> 00:37:32,799 Speaker 1: He would have been able to put others on the 586 00:37:32,800 --> 00:37:35,160 Speaker 1: witness stand who had been at the morgue and had 587 00:37:35,160 --> 00:37:38,839 Speaker 1: seen what detective Lynnville and Smith testified too. He could 588 00:37:38,880 --> 00:37:41,680 Speaker 1: have demanded to see documents and photos in the police 589 00:37:41,680 --> 00:37:45,040 Speaker 1: and FBI files. He could have asked the jury, how 590 00:37:45,120 --> 00:37:47,200 Speaker 1: was it that a bullet that might well approve his 591 00:37:47,280 --> 00:37:50,800 Speaker 1: client's innocence could end up as three pieces of tortured 592 00:37:50,840 --> 00:37:54,880 Speaker 1: lad Looking back from a distance of fifty years, it 593 00:37:55,000 --> 00:37:57,200 Speaker 1: is hard for us to sort it out with certainty. 594 00:37:57,680 --> 00:37:59,759 Speaker 1: But it might have been a very different story at 595 00:37:59,840 --> 00:38:12,920 Speaker 1: ray trial if he'd had one Next time on the 596 00:38:12,920 --> 00:38:16,080 Speaker 1: email k tapes, next thing that taken a lot of 597 00:38:16,120 --> 00:38:20,640 Speaker 1: pride in itself. It was paternalist. They had made some games, 598 00:38:21,000 --> 00:38:24,400 Speaker 1: but it was raised to the court. They had a 599 00:38:24,520 --> 00:38:28,920 Speaker 1: list that this clue club plan and citizen Council passed 600 00:38:28,920 --> 00:38:34,560 Speaker 1: a run and the list contained name they called the 601 00:38:34,680 --> 00:38:41,879 Speaker 1: trouble makers with exs behind The plan was get King 602 00:38:42,040 --> 00:38:45,360 Speaker 1: to the city because they wanted it handled in Memphis 603 00:38:45,360 --> 00:38:48,040 Speaker 1: for dead in them could handle it. He told me, he 604 00:38:48,000 --> 00:38:50,080 Speaker 1: he said I had killed it what I had done, 605 00:38:50,480 --> 00:38:52,279 Speaker 1: And I said, what about the other son of a bitch? 606 00:38:52,320 --> 00:38:56,040 Speaker 1: I'll they're taking credit for He says he wasn't known 607 00:38:56,120 --> 00:38:58,320 Speaker 1: about a trouble maker from a suri. He was a 608 00:38:58,440 --> 00:39:02,279 Speaker 1: front man. Last Wednesday morning, the FBI told me they 609 00:39:02,280 --> 00:39:05,640 Speaker 1: didn't believe the story related in any way to the 610 00:39:05,719 --> 00:39:08,919 Speaker 1: King's assassin and they were through with it. He said 611 00:39:08,920 --> 00:39:11,439 Speaker 1: they wouldn't be there. They won't be there that night. 612 00:39:12,080 --> 00:39:14,720 Speaker 1: Did he say there would be a decoy there? Yeah, 613 00:39:15,600 --> 00:39:18,560 Speaker 1: be set up or look black somewhere else done the killings. 614 00:39:25,080 --> 00:39:26,800 Speaker 1: Thanks for listening to the m l K Tapes a 615 00:39:26,840 --> 00:39:30,360 Speaker 1: production of I Heart Radio and Tenderfoot TV. This podcast 616 00:39:30,400 --> 00:39:32,840 Speaker 1: is not specifically endorsed by the King family or the 617 00:39:32,920 --> 00:39:35,600 Speaker 1: King of State. D email K Tapes is written and 618 00:39:35,640 --> 00:39:38,880 Speaker 1: hosted by Bill Claper. Matt Frederick and Alex Williams are 619 00:39:38,920 --> 00:39:42,279 Speaker 1: executive producers on behalf of I Heart Radio with producers 620 00:39:42,360 --> 00:39:45,960 Speaker 1: Trevor Young and ben Keebrick. Donald Albright and Payne Lindsay 621 00:39:45,960 --> 00:39:49,440 Speaker 1: are executive producers on half of Tenderfoot TV with producers 622 00:39:49,520 --> 00:39:53,360 Speaker 1: Jamie Albright and Meredith Steadman. Original music by Makeup and 623 00:39:53,440 --> 00:39:57,480 Speaker 1: Vanity Said. Cover art by Mr Soul two six with 624 00:39:57,520 --> 00:40:01,799 Speaker 1: photography by Artemis Jenkins. Special thanks to Owen Rosenbaum and 625 00:40:01,800 --> 00:40:04,879 Speaker 1: Grace Royer at U t A, The Nord Group, Back 626 00:40:05,000 --> 00:40:09,640 Speaker 1: Media and Marketing, Envisioned Business Management, and Station sixteen. If 627 00:40:09,680 --> 00:40:12,200 Speaker 1: you have questions, you can visit our website, the email 628 00:40:12,280 --> 00:40:15,920 Speaker 1: k Tapes dot com. We posted photos and videos related 629 00:40:15,960 --> 00:40:18,440 Speaker 1: to the podcast on our social media accounts. You can 630 00:40:18,520 --> 00:40:21,400 Speaker 1: check them out at the email k Tapes. From more 631 00:40:21,480 --> 00:40:24,400 Speaker 1: podcasts from I Heart Radio and tender Foot TV, please 632 00:40:24,480 --> 00:40:27,400 Speaker 1: visit the I Heart Radio app, Apple Podcasts, or wherever 633 00:40:27,520 --> 00:40:28,760 Speaker 1: you listen to your favorite shows,