Jackson Free Press

The first day of testimonies ended up being less than predictable. One moment court is in session while the next moment the court is recessed for "some period of time."

After successfully obtaining seats in the courtroom, we listened to the defense's motion which sought to have the 1967 court transcripts excluded from the current trial because, along with multiple other reasons that were given, this infringes upon a constitutional right as it is stated in the 6th Amendment--the defendant cannot address the witnesses because they are dead. They also sought to have photos of the victims excluded because the main reason for their use (according to the defense) would be for effect.

The prosecution's response was well-researched and much more convincing. For example, they mentioned the 1994 Beckwith trial pointing out that the state of MS introduced former testimony in this case; thus, why should the use of former testimony be denied in the Killen case?

Judge Gordon denied the motion.

The first witness brought to the stand was Rita Schwerner Bender. I think she is one of the most beautiful and amazing women I have ever seen. It is almost as if her skin is glowing. She gave a vivid testimony of her and Mickey's life in Mississippi and her experience following his death. Her cross-examination by the defense got a little too intense. It was as if Mr. McIntyre wished to be on one of those court t.v. shows. He raised his voice to her when asking whether or not she had heard anything about Killen with regards to her husband's murder. Of course she had not....how would she know that at the time? The trial was her first time to ever see Edgar Ray Killen. When the court recessed, because of Killen's health complications, McIntyre tried to apologize and shake Rita's hand. She refused him the gesture.

The next witness, also brought forth by the prosecution, was Ms. Nell Miller, wife of the deceased Wallace Miller. Why they put her on the stand I am not sure, but it did get cut short. Assuming that the whole testimony would have gone this way, she was not going to provide information that would aide them in proving their case.

We only heard a portion of Ms. Miller's testimony because Judge Gordon called the lawyers to chambers. Killen had not been present for either of the testimonies because he was in need of his nurse's attention, so we all knew it had to have something to do with his health. The jury and the witness were left sitting there while we were left to speculate.

Judge Gordon returned informing us that Killen had left for the hospital-shortness of breath and high blood pressure- and the court was recessed until 1 o'clock. I had a feeling that the trial was not going to continue in the afternoon.

Once the court was back in session at 1 p.m. the Judge informed us that Killen's test results had not come back; therefore, he could not be released from the hospital just yet....so the court is in recess until 8:30 a.m. on Friday. What's gonna happen next? The trial cannot continue in Mr. Killen's absence because it is not a voluntary absence, so if his health prevents his presence....we'll see what happens.

Photo caption 1: Dr. Patrick Eakes from Neshoba County General Hospital speaks to reporters in the Media Center about Mr. Killen's condition.

Photo caption 2: Edgar Ray Killen leaves the courthouse in an ambulance due to high blood pressure. He was back in court the next morning.

Credit: Kate Medley

Previous Comments

ID

141400

Comment

Donna and all (except Trent and Thad, of course, who probably don't "waste time" with such things): Mississippi ETV is broadcasting the Killen trial, "gavel to gavel," six hours per night. Info here. I'm on deadline and can't sit through the whole thing, but my DVR box is catching it for later. If they don't sell videos/DVDs of this later, they're crazy. Cheers, TH

Author

Tom Head

Date

2005-06-17T01:12:12-06:00

ID

141401

Comment

(And a quick kudos to Mississippi ETV for doing this AWESOME thing. I was surprised to flip through the channels and see the trial right there on my channel 7. This rocks.)

Author

Tom Head

Date

2005-06-17T01:13:08-06:00

ID

141402

Comment

Natalie, the constitutional right you reference is called the "Confrontation Clause." The relevant part of the Sixth Amendment says that "n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him . . . ." Article 3, Section 26 of our Mississippi Constitution also guarantees such a right. The United States Supreme Court has stated that the the central concern of the Confrontation Clause is to make sure that the evidence against a criminal defendant is reliable--and we find out if it is through cross-examination. As you reported, and as I'm sure the prosecution ably demonstrated, there are some exceptions--such as when the person who made the original testimony is now dead or otherwise unavailable as a witness.

Author

David McCarty

Date

2005-06-17T09:44:42-06:00

ID

141403

Comment

WJTV's Web site lets you play the trial online as well. You know, they show the FBI poster of the three men that were killed, but I also want to see Killen's mug shots. Does anyone know if they ever showed them?

Author

LatashaWillis

Date

2005-06-17T21:43:47-06:00

ID

141404

Comment

Tom, you are right about them being crazy if they don't sell videos. I've got in on right now, but won't be able to stay up all night, and certainly can't on work nights. I don't have cable or satellite, so I appreciate this. It's boring at the moment because that lawyer reading the transcript is speaking in a monotone when he's not stumbling over words. Someone else needs to read this.

Author

C.W.

Date

2005-06-17T22:35:22-06:00

ID

141405

Comment

C.W., maybe you should just wait for the movie to come out. You KNOW there'll be one! I think the Six Flags guy could play Killen (hee hee).

Author

LatashaWillis

Date

2005-06-18T10:40:52-06:00

ID

141406

Comment

Nope, don't think so, L.W. They are likely to get it as wrong as the "Mississippi Burning" guys did and it'll be so full of Hollywood b.s. we won't be able to recognize the kernels of truth embedded in the other mess. And if it's like that last movie, it'll be all about Jim Hood, and Chaney, Goodman and Schwerner will fade into the background. I confess that I don't know who the "Six Flags guy" is, but James Wood did such a chillingly good portrayal of Byron De La Beckwith in "Ghosts of Mississippi" that he could play Killen and be hopelessly typecast. Then again, Bruce Dern plays one of the best evil-to-the-bone characterizations (outside of Wood) that I know, and he's old enough not to need the makeup. Or better yet, and you're not going to believe I said this, but how about Andy Griffin? I've seen him play a bay guy so convincingly that it scared the crap out of me and made me forget all about Mayberry. That said, I'm wondering why I'm so interested in who plays the bad guy and musing on why evil is so much more fascinating to most folks (including me) than the good among us. Hasn't it always been that way? Satan still gets more attention than Jesus.

Author

C.W.

Date

2005-06-18T12:23:45-06:00

ID

141407

Comment

Here is the Six Flags guy: http://sixflags.com/ Of course, I was kidding. Mr. Six, as they call him, is really a young dancer in makeup. I could never bring myself to watch Mississippi Burning. I always felt that it would just tick me off. I think it would be better if they just created a documentary with court proceedings, behind-the-scenes footage, etc. - a Michael Moore sort of thing.

Author

LatashaWillis

Date

2005-06-18T15:27:09-06:00

ID

141408

Comment

Re Andy Griffith as a baddie: Amen. I loved him as the Bond villain in Spy Hard; and I think I saw him turn to the dark side in another (more serious) movie, too, but can't remember which. But I can easily see him playing Killen to the hilt. (Griffith is, BTW, by all accounts a class act. Real nice guy.) Cheers, TH

Author

Tom Head

Date

2005-06-18T21:31:59-06:00

ID

141409

Comment

I remember Griffith playing a bad guy in a TV movie when I was a kid. The only thing I remember is him being electrocuted at the end. Is that what you're talking about, Tom?

Author

LatashaWillis

Date

2005-06-19T19:56:04-06:00