Ex-Klansman's Request for New Trial Denied

Ex-Klansman's Request for New Trial Denied
PHILADELPHIA, Miss. -- A judge on Monday denied a new trial for one time Ku Klux Klan leader Edgar Ray Killen, convicted last week of manslaughter for the 1964 killings of three civil rights workers.

James McIntyre, one of Killen's attorneys, told Circuit Judge Marcus Gordon that the defense had not expected prosecutors to ask that jurors in the murder trial be given the option of a manslaughter conviction.

"We did not come to court prepared to defend a manslaughter charge, but that of murder," McIntyre said. He argued the manslaughter option was unfair to Killen.

Killen, 80, was dressed in a yellow Neshoba County jail jumpsuit in the brief court hearing.

District Attorney Mark Duncan said other courts have repeatedly ruled that jury instructions allowing the option of a manslaughter conviction are proper in murder cases.

More at: http://www.washingtonpost.com/wp-dyn/content/article/2005/06/27/AR2005062700585.html


Edgar Ray Killen waves to his family after being rolled into a courtroom before a hearing in Philadelphia, Miss., Monday, June 27, 2005. A Mississippi judge denied a defense request for a new trial for Killen. The 80-year-old was convicted last week of manslaughter in the 1964 killings of three civil rights workers. (AP Photo/ Kyle Carter, Pool) (Kyle Carter - AP)

in the 8th circuit in Ms. (Neshoba and other counties) I never knew Marcus Gordon to grant a new trial for anything.

He seems to be a stern, but very fair, judge.

I started practicing in 1982. He was nothing if not stern.

As to the other . . .

I practiced in Morton County. Most of the criminal cases there were appointed to the local bar as they came down from th Grand Jury. That was usually on Thursday afternoon. He might appoint 3 cases to an individual attorny, call up all motions for Friday, and set trial for Monday. Not a lot of "fair" there.

He always played to the crowd. When he sentenced someone he made sure that the victim was in the courtroom and asked them if his sentence was ok with them.

Held me in contempt of court once. "Sheriff do not let this man leave the courthouse today until he has paid his fine." It was $50 as I recall, which was light, considering the contempt I really had for that court. :evilgrin:

I can wake up with a smile each day that SOB remains in custody.