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You are here: Home / Politics / Domestic Politics / It May Be Legitimate

It May Be Legitimate

by John Cole|  August 13, 20059:55 am| 7 Comments

This post is in: Domestic Politics

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But I don’t have to like it:

Edgar Ray Killen, the former Klansman whose conviction in June in the 1964 killing of three civil rights workers in Mississippi seemed to close one of the state’s darkest chapters, was released yesterday when a judge granted bail pending an appeal.

The release raises the possibility that Mr. Killen, 80 and in poor health, will die a free man after serving barely six weeks of his sentence.

He was convicted on three counts of manslaughter on June 21, 41 years to the day after a mob of Klansmen killed the three campaigners – James Chaney, Andrew Goodman and Michael Schwerner – in an incident that galvanized national support for the civil rights movement. Prosecutors said Mr. Killen organized the mob.

Judge Marcus Gordon of Circuit Court, who gave Mr. Killen the maximum possible sentence, said in court that he had little choice but to set bond while Mr. Killen appealed his conviction. Judge Gordon said the state had not proved that Mr. Killen, who uses a wheelchair, was a flight risk or threat.

“It’s not a matter of what I feel, it’s a matter of the law,” Judge Gordon said.

I want him to die in jail. Sooner, rather than later.

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7Comments

  1. 1.

    SomeCallMeTim

    August 13, 2005 at 10:56 am

    FWIW: The father of Marcus Gordon wanted to have Killen officiate at his wife’s funeral. Judge Marcus Gordon did not. In the midst of that argument, the judge’s father dropped dead, and as we all know, Judge Marcus Gordon allowed his father’s wishes to come through. There was a double funeral, and Edgar Ray Killen officiated. (Cite.)

  2. 2.

    Otto Man

    August 13, 2005 at 11:10 am

    I want him to die in jail. Sooner, rather than later.

    Nah. Later. Much much later. If he dies now, that’s no penance at all.

  3. 3.

    KCinDC

    August 13, 2005 at 1:17 pm

    Since when do people get out on bail while they’re appealing a conviction? There are lots of people who have been in prison for years while their cases are being appealed. Why didn’t they get out on bail? Can some lawyer explain how this isn’t exceedingly unusual?

  4. 4.

    Jimmy Jazz

    August 13, 2005 at 3:25 pm

    Since when do people get out on bail while they’re appealing a conviction? There are lots of people who have been in prison for years while their cases are being appealed.

    Yeah, especially in a capital crime! Bizarre. So, if you’re a murderer in Mississippi, you get to kick the can down the road indefinitely if you’re not a “flight risk or threat”?? Do we get to bring back Reconstruction at some point? Please?

  5. 5.

    Ken Hahn

    August 13, 2005 at 3:36 pm

    The law may be an ass, but it is the law. If you don’t like it, change it. I have no idea if this is unusual under Mississippi law but I doubt that Judge Gordon would go out of his way to Killen any benefits.

    I don’t particularly like this result, but it doesn’t bother me enough to move to Mississippi to try and change it.

  6. 6.

    jg

    August 13, 2005 at 5:33 pm

    Since when do people get out on bail while they’re appealing a conviction?

    I think it was because he presents no flight risk.

  7. 7.

    KCinDC

    August 13, 2005 at 9:30 pm

    Jimmy Jazz, Killen wasn’t convicted of murder, only manslaughter. If it had been murder, the “get out on bail” provision wouldn’t have applied.

    Experts have said Mississippi law is not crystal clear on when a judge has to grant bail. The law says a person convicted of any felony other than child abuse, sexual battery of a minor or a crime in which a death sentence or life imprisonment is imposed is entitled to be released on bail pending appeal if the convict shows that he is not a flight risk or a danger.

    The statute also says the convict is entitled to release “within the discretion of a judicial officer,” and “only when the peculiar circumstances of the case render it proper.”

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