House Select Committee on Assassinations
Investigation of the Assassination of
Martin Luther King, Jr.

Volume 1, pp. 75-87

Investigation of the Assassination
of Martin Luther King, Jr.



WEDNESDAY, AUGUST 16, 1978

HOUSE OF REPRESENTATIVES
SELECT COMMITTEE ON ASSASSINATIONS

Washington, D.C.

The committee met at 9:05 a.m., pursuant to notice in room 2172, the Rayburn House Office Building, Hon. Richardson Preyer presiding.

Present: Representatives Preyer (presiding), Stokes, Fauntroy, Burke, Dodd, Ford, Fithian, Edgar, Devine, McKinney, Thone, and Sawyer.

Also present: G. Robert Blakey, chief counsel and staff director; Edward Evans, chief investigator; Michael C. Eberhardt, assistant deputy chief counsel; Gene R. Johnson, deputy chief counsel; Peter G. Beeson, staff counsel; Alan B. Hausman, staff counsel; William Webb, staff counsel; and Kenneth McHargh, staff counsel; Elizabeth L. Berning, chief clerk.

Mr. PREYER. A quorum being present, the Chair will recognize Mr. Gene Johnson, a member of the committee staff, for a narration describing the crime scene. Mr. Johnson.

Mr. JOHNSON. Thank you, Mr. Chairman, members of the committee.

Mr. Chairman, members of the committee, the first exhibit this morning is MLK exhibit No. F-16. We would like to have it marked, Mr. Chairman, and entered into the record.

Mr. PREYER. Without objection, so ordered.

[Whereupon, Martin Luther King exhibit No. F-16 was marked for identification for the record, and follows:]


(75)






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MLK EXHIBIT F-16


Mr. JOHNSON. This is an aerial photographic view of the crime scene and its surrounding areas. I am pointing now to South Main Street, which runs north and south. This is the roominghouse, the north and south wing, which is 422 1/2 South Main, 418 1/2 South Main. The corner here is Canipes Amusement Co., which is 424 South Main, and the parking lot in between Canipes and firestation No. 2, which is located at the end of the block, of South Main, and Butler Avenue. This is the entrance to firehouse, No. 2. Proceeding south and then east is Butler Avenue. Here is Mulberry Street, which runs north to south. This is the new annex of the Lorraine Motel. This is the old section of the building. Proceeding north you enter the corner of Huling Avenue and Mulberry Street. Then turning west again you are then brought back to Huling and South Main.

Mr. Chairman, members of the committee, this is MLK exhibit No. F-19. I would like to have it marked and entered into the record.

Mr. PREYER. Without objection, so ordered.

[Whereupon, Martin Luther King exhibit No. F-19 was marked for identification for the record, and follows:]






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MLK EXHIBIT F-19


Mr. JOHNSON. This is a diagram of the crime scene showing again, as I have previously indicated, South Main Street, Canipes Amusement Co., Jim's Grill, which is located north of the roominghouse, the north and south wings of the roominghouse, the parking area, between Canipes and fire station No. 2, the driveway coming over to Butler Avenue, which is east and west. Then proceeding north again on Mulberry Street you will see the layout of the Lorraine Motel, the older section of the building, the newer section of the building, the parking area, and room 309.

Again, proceeding north to Huling and Mulberry and then again proceeding west to Huling and South Main.

Mr. Chairman, the next exhibit is MLK F-15A. I would like to have it marked and entered into the record.

Mr. PREYER. Without objection, so ordered.

[Whereupon, Martin Luther King exhibit No. F-15A was marked for identification for the record, and follows:]






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MLK EXHIBIT F-15A


Mr. JOHNSON. This is a photographic view of the roominghouse and the surrounding buildings. This is a west to east view. As you can see, in the far right corner is Canipes, which is 424 South Main. This is the entrance to the office section of the roominghouse, which is 422 1/2 South Main. This is the entrance to the north building, the north section of the building at South Main. This is 418 1/2 and this is Jim's Grill.

Mr. PREYER. Mr. Johnson, would you be able to hold up that photograph? I don't believe the committee and members of the audience can see it.

Mr. JOHNSON. Should I go over it again, Mr. Chairman?

Mr. PREYER. If you would, please.

Mr. JOHNSON. This is a west to east view of the roominghouse and the surrounding areas. As you can see, in the far right corner of the photograph, it is Canipes Amusement Co. This is the entrance, which is 422 1/2, to the south wing of the roominghouse. This where the canopy here is, 418 1/2, the entrance to the north wing of the roominghouse and where the canopy is, is Jim's Grill.

Mr. Chairman, this is MLK exhibit No. F-20. I would like to have it marked and entered into the record.

Mr. PREYER. Without objection, so ordered.

[Whereupon, Martin Luther King exhibit No. F-20 was marked for identification for the record, and follows:]








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MLK EXHIBIT F-20


Mr. JOHNSON. This is a diagram of the upper two floors of the north and south wings of 422 1/2 South Main and 418 1/2. As you can see, you enter at 422 1/2, proceed up the steps, going east, the offices to the immediate, right, and room 8-A is to the immediate left of the stairs. This is the south wing of the roominghouse. Proceeding west again, and then going north, there is an entrance and an alleyway between the north and south wings of the building. Once one crosses this alleyway he is then into the north wing of 418 1/2 proceeding north and then proceeding east, again which would then take you to room 5-B, which is located in the upper left of this diagram.

Mr. Chairman, this is MLK exhibit--






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Mr. PREYER. Would you lift this up also, Mr. Johnson?

Mr. JOHNSON. Yes, sir.

This is MLK exhibit No. F-15B. I would like to have it marked, Mr. Chairman, and entered into the record.

Mr. PREYER. Without objection, so ordered.

[Whereupon, Martin Luther King exhibit No. F-15B was marked for identification for the record, and follows:]


MLK EXHIBIT F-15B


Mr. JOHNSON. As has been previously shown from the diagram, in the left corner of this diagram is room 5-B, and this is a photograph of room 5-B.

Proceeding east, from room 5-B, approximately 20 to 25 feet, from room 5-B, is the bathroom.

Mr. Chairman, I would like to have this marked as MLK exhibit F-15C and entered into the record.

Mr. PREYER. Without objection, so ordered.

[Whereupon, Martin Luther King exhibit No. F-15C was marked for identification for the record, and follows:]






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MLK EXHIBIT F-15C


Mr. JOHNSON. This, as I have previously stated, is the bathroom. This is room 5-B.

This is a view from the window of the bathroom in 418 1/2, which is the north wing of the building at South Main, and the view is directly to the Lorraine Motel and surrounding buildings.

That, ladies and gentlemen, is room 306 and, as you can see from this photograph, the view from the bathroom and the rooming house to the balcony of room 306 is unobstructed.

Mr. Chairman, I would like to have this exhibit marked as MLK exhibit No. F-15D. I would like to have it marked and entered into the record.

Mr. PREYER. Without objection, so ordered.

[Whereupon, Martin Luther King exhibit No. F-15D was marked for identification for the record, and follows:]






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MLK EXHIBIT F-15D


Mr. JOHNSON. This is a photograph from the balcony of the Lorraine Motel, directly in front of room 306. As you can see from this photograph, the view of the buildings on South Main are clear. In this photograph where the pointer is, is the bathroom, which is directly east of the hall from room 5-B.

Mr. Chairman, I would like to have this exhibit marked as MLK exhibit No. F-15E, and I would like to have it entered into the record.

Mr. PREYER. Without objection, so ordered.

[Whereupon, Martin Luther King exhibit No. F-15E was marked for identification for the record, and follows:]






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MLK EXHIBIT F-15E


Mr. JOHNSON. This photograph depicts a north to south view on South Main Street. As you can see only the number is partially visible. This is Canipes, which is at 424. As you can see, this is 422 1/2. This is the south entrance to the south section of the roominghouse. The view of this street, as you can see, is unobstructed but there is a fire department vehicle here, and on the afternoon of April 4, 1968, there were police cars parked all along this area, the last one extending all the way to the edge of the sidewalk.

Mr. Chairman, I would like to have this marked as MLK exhibit No. F-15F. I would like to have it entered into the record.

Mr. PREYER. Without objection, so ordered.

[Whereupon, Martin Luther King exhibit No. F-15F was marked for identification for the record, and follows:]






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MLK EXHIBIT F-15F


Mr. JOHNSON. This photo shows a north to south view of Canipes, which you can see in the upper-right- hand corner, 424. This is the bundle that was dropped in Canipes' doorway on the afternoon or early evening hours of April 4, 1968. The picture shows an enclave in there that the view is not visible. You would have to step out at least two steps from where the bundle is located to get a clear view of North and South Main Street.

That is all I have as to exhibits, Mr. Chairman.

Mr. Chairman, members of the committee, the first witness to be called and sworn this morning is Mr. James Earl Ray. I would like to give you a brief profile of him.

Mr. Ray was born March 10, 1928, in Alton, Ill. He is 50 years old.

After serving approximately 8 years of a 20-year sentence, Mr. Ray escaped from Missouri State Penitentiary on April 23, 1967. He then traveled to numerous cities in the United States, Canada, and Mexico.

On April 17, 1968, a Federal warrant was issued in Birmingham, Ala., for Eric Starvo Galt. Galt was one of the aliases used by James Ray. Three weeks later, on May 7,1968, the Shelby County grand jury indicted Mr. Ray for the murder of the Reverend Dr. Martin Luther King, Jr.

At approximately 11:15 on the morning of June 8, 1968, Mr. Ray was preparing to board British European Airlines flight No. 466 from London to Brussels. When he produced a passport at Heathrow Airport in London, he was arrested. On June 27, after Mr. Ray had been incarcerated for 19 days, extradition proceedings commenced. At the conclusion of the hearing on July 2, over Mr. Ray's objection, the






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court ordered that he be extradited. At 3:48 a.m. on July 19, 1968, Mr. Ray arrived in Memphis, Tenn., where he was detained in the Shelby County jail.

Following his arrest in London, Mr. Ray retained Mr. Arthur Hanes, Sr., of Birmingham, Ala., as his lawyer, but before his scheduled trial date he dismissed Mr. Hanes and retained Mr. Percy Foreman of Houston, Tex.

On March 10, 1969, Mr. Ray's 41st birthday, he pled guilty to the murder of Dr. King, and he was sentenced by Judge W. Preston Battle to 99 years in the Tennessee State Penitentiary in Nashville. He served there from March 11, 1969 to March 11, 1970, when he was transferred to Brushy Mountain State Penitentiary in Petros, Tenn. On July 22, 1972, he was returned to Tennessee State, and on August 15, 1976, he went back to Brushy Mountain where he is presently incarcerated.

After the 94th Congress passed legislation creating the select committee, members of the committee staff made contact with Mr. Ray. This was on March 22, 1977, at Brushy Mountain. The staff then made eight subsequent trips to the prison where it spent over 40 hours interviewing Mr. Ray.

Pursuant to the direction of the committee, the full text of these interviews will be included in an appendix of the final report.

It is appropriate at this time, Mr. Chairman, that we call our next witness, Mr. James Earl Ray.

Mr. PREYER. Thank you, Mr. Johnson. Before calling the next witness, the Chair wishes to make a statement about security precautions to be observed with this witness. I want the record and the people in attendance here to be very clear on this point. One of the primary concerns of this committee has been the security of Mr. Ray, and we have put as one of our most important considerations his safety, in insuring that no harm comes to him.

U.S. Marshals have asked the committee to emphasize the following rules and the Chair states they will be strictly observed. This rule will be applicable to all people in attendance at this hearing. That includes representatives of the media. Anytime that Mr. Ray is standing or otherwise being escorted to or from the witness table, absolutely no one in the room is to stand. Let me emphasize that again. Anytime. Mr. Ray is standing or is being, escorted to or from the room, no one in the room is to stand. All I people, reporters and photographers included, are to remain seated and stationary. No one is to move until the Chair gives permission for people to leave their positions. Any person violating this rule will be summarily removed from the room by the marshals and barred from attendance at all future hearings of this committee. The Chair will ask everyone to be seated at this time. Photographers will be allowed to photograph Mr. Ray's entrance into the room and photograph the taking of the oath, but you will remain seated during this photography, and you will then clear the area in front of the witness stand when the oath has been taken.

The Chair calls Mr. James Earl Ray.

Mr. PREYER. Mr. Ray, will you stand and be sworn?

Do you solemnly swear the testimony you will give before this committee will be the truth, the whole truth, and nothing but the truth, so help you God?






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Mr. RAY. Yes, sir.

Mr. PREYER. Thank you.

The Chair will ask the photographers to please clear the space in front of the, witness table.

The subject of the hearing today is to conduct a full, complete, and independent investigation of the assassination of Dr. Martin Luther King, and the investigatory jurisdiction and capabilities of agencies and departments of the U.S. Government.

Mr. Ray is represented by counsel of record, Mr. Mark Lane.

Mr. Ray, I understand you have a statement which you are prepared to read to the committee.

Mr. LANE. Before Mr. Ray begins, Mr. Preyer, the defense team, which has been working together, includes Rev. James Lawson, and Donald Fried, our investigator. We request permission for them to be with us at the counsel table, the witness table. Mr. Fried has brought with him all the transcripts of Mr. Ray's testimony before this committee. It is required by us if references are to be made to that transcript.

Mr. PREYER. Mr. Lane, those members of your team are in the audience, and I don't think there will be any difficulty in your having reference to them. For security reasons and consistent with the practice of this committee, with all other witnesses, the witness is entitled to the assistance of counsel in advising him of his constitutional rights, and the committee has consistently interpreted that as meaning one attorney in addition to the security precautions. So the Chair must decline your request.

Mr. LANE. Yes, Mr. Preyer. I would like to -- on the question of security I would like to call to the attention of this committee that Mr. Ray was beaten by Federal prison officials --

Mr. PREYER. Mr. Lane

Mr. LANE. And has been held in solitary confinement with the lights on him 24 hours a day.

Mr. PREYER [continuing]. The question of security of Mr. Ray is one for the U.S. Marshal Service. The question of the treatment of Mr. Lane by them is a collateral matter which is not before this committee today --

Mr. LANE. Mr. Ray.

Mr. PREYER [continuing]. And we will not hear argument on that score. We are here for one purpose, one special purpose, and that is to hear the testimony of Mr. Ray. We are offering him that opportunity, and you as counsel are here to advise him as to his constitutional rights.

All right, if Mr. Ray is ready to proceed at this time, we are ready to receive his statement.

Mr. LANE. Mr. Preyer, I believe that his treatment is a problem in terms of his ability to testify. We would ask just that this committee look into the question of his confinement. That is all we ask.

Mr. PREYER. The matter will be looked into, but it is not a matter for discussion at this time. It is collateral at this hearing.

Mr. LANE. Mr. Preyer, under rule 3 (5) I wish to make an objection -- rule 3 (5) of your rules. I wish to make an objection to the presentation of the facts by Mr. Johnson regarding the circumstances in this case. While he did present --

Mr. PREYER. Mr. Lane






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Mr. LANE. I will be very brief, Mr. Preyer. While he did present the fact that Mr. Ray pleaded guilty, in presenting the judicial history, he left out the fact that Mr. Ray almost immediately said he was not guilty, and there were a whole series of appeals --

Mr. PREYER. Mr. Lane --

Mr. LANE [continuing]. And that evidence has not been presented to this committee.

Mr. PREYER. We are here, again, to hear the testimony of a witness.

Perhaps we should get clear at the outset the ground rules so that we understand each other. This is not a forum to raise collateral issues of that sort. We are here for one purpose only, and that is to hear Mr.

Ray. This is not a trial. There are no prosecutors; there are no defendants. Mr. Ray is simply a witness before a legislative, factfinding hearing, and the role of counsel in these hearings is not that of the role of counsel in criminal trials. It is to advise him as to his constitutional rights. You may raise those questions as to his constitutional rights in the course of his statement or as he is asked questions, but it is not a forum for making motions or arguing the case. The role of counsel is to advise Mr. Ray as to his constitutional rights.

Mr. Ray, are you prepared to read your statement at this time?

Mr. LANE. May, I just say that rule 3 (5) says that the attorney may make objections, not just advise the client of his rights, and I have made an objection to an unfair presentation. But I have your ruling on that.

I wonder if one last request --

Mr. PREYER. The Chair will overrule the objection.

Mr. LANE. I have that ruling. I wonder if as a last request we might each be given a small cup so that we could have a drink of water on occasion.

Mr. PREYER. The Chair will ask the committee staff to make cups available to Mr. Lane and Mr. Ray.

Mr. LANE. Thank you very much, Mr. Preyer. Thank you.

Mr. PREYER. Mr. Ray, are you prepared to read your statement at this time?

Next: James Earl Ray's testimony.