http://www.foxnews.com/news/national/1209/d_ap_1209_331.sml


Justice not likely to prosecute in King killing
11.55 a.m. ET (1707 GMT) December 9, 1999


By Michael J. Sniffen, Associated Press

WASHINGTON (AP) - Although a civil jury has concluded there was a
conspiracy to kill the Rev. Martin Luther King Jr., a 1 1/2-year-old
Justice Department investigation is not likely to produce any
criminal charges, Deputy Attorney General Eric Holder said today.

Declining to release specific findings of the probe by the
department's civil rights division, Holder told reporters: "I would
not expect that there would be any criminal prosecution out of our
report.''

Holder said the report on the new field investigation ordered by
Attorney General Janet Reno in August 1998 is almost complete and
could be released within weeks.

Because the Justice inquiry was limited to examining two conspiracy
allegations that emerged in recent years, including the one examined
by the civil jury in Memphis, Tenn., Holder said he doubted the
report would put to rest speculation about the 1968 assassination of
the civil rights leader.

The Justice report "is not a very broad-based look at all the
possibilities,'' Holder said. "I suspect that given the verdict
yesterday, this will renew interest the King assassination, and I
suspect plant in the minds of many people doubts about some of those
conclusions that were reached earlier.''

A King son, Dexter King, told a news conference in Atlanta today: "We
don't care what the Justice Department does. Because of information
that come out in the Memphis trial, he said, "We believe that this
case is over. ... We know what happened. This is the period at the
end of the sentence.''

Although Justice conducted a criminal investigation, statutes of
limitation would bar prosecution of many crimes that are 30 years
old, with the possible exception of an ongoing conspiracy. Holder did
not say whether Justice investigators found no conspiracy or found no
crimes previously unknown.

Meantime, the King family finally has what it has sought for years -
a jury verdict saying the civil rights leader was the victim of a
conspiracy, not of a lone gunman.

"I'm just so happy to see that the people have spoken. This is what
we've always asked for,'' Dexter King said Wednesday after a jury
ruled in his family's favor on a wrongful-death lawsuit. [an error
occurred while processing this directive] The Kings had sued Loyd
Jowers, a retired Memphis businessman who claimed six years ago that
he paid someone other than confessed killer, James Earl Ray, to kill
King.

The trial for the first time gave a jury the opportunity to hear
theories of a murder conspiracy in the 1968 assassination at a
Memphis motel.

Ray pleaded guilty to the murder in 1969, so he did not go to trial.
He tried for 30 years to take back the guilty plea and died in prison
of liver disease last year. His plea was upheld eight times by state
and federal courts.

The six blacks and six whites on the Chancery Court jury deliberated
only about three hours before returning Wednesday's verdict and
awarding the Kings $100 in damages.

The Kings has asked for minimal damages, saying they were more
interested in a verdict that would support their belief of a
conspiracy.

Rep. John Lewis, D-Ga., an associate of King, told WSB-TV in Atlanta
that he will ask President Clinton and Reno for a thorough
investigation of the assassination.

The King family stressed the desire for closure.

"We are prepared now to move on with our lives and hope that other
people will join us in this process so that the nation can move on
with the healing that is so necessary,'' King's widow, Coretta Scott
King, said today on CNN.

The suit named Jowers and other "unnamed conspirators,'' so the
verdict did not identify anyone else who might have been involved. A
civil court jury finding a defendant like Jowers at fault requires
only a preponderance of evidence. In a criminal case, a defendant
must be found guilty beyond a reasonable doubt.

William Pepper, a lawyer who represented Ray and now represents the
Kings, told jurors that Jowers, 73, was part of a vast conspiracy
involving the Mafia and agents of the federal government. He said
King was targeted because of his opposition to the Vietnam War and
plans for a huge "poor people's march'' on Washington.

He asserted that a cover-up following the assassination involved the
FBI, CIA, the news media and Army intelligence, as well as many state
and city officials.

Juror Robert Tucker said the assassination was too complex for one
person to have carried out.

He noted Pepper's assertions that King's police guard was pulled back
shortly before the murder and that Army agents had King under
surveillance at the time he was felled by a single rifle shot.

"All of those things added up, it wasn't just one guy acting alone,''
Tucker said.

A U.S. House committee concluded in 1978 that Ray was the killer but
may have had help before or after the assassination. The committee
did not find any government involvement in the murder.

Jowers owned a small restaurant, Jim's Grill, across the street from
The Lorraine Motel, where King was killed. On the day of the murder,
Ray, a prison escapee from Missouri, rented a room under an assumed
name in a rooming house above Jim's Grill.

In 1993, Jowers said on ABC-TV that he hired King's killer as a favor
to an underworld figure who was a friend. He did not identify the
purported killer, but said it wasn't Ray.

Jowers was sick for much of the trial and did not testify.

Lewis Garrison, Jowers' lawyer, told jurors they could reasonably
conclude King was the victim of a conspiracy but said his client's
role was minor at best.

He said it was hard to believe that "the owner of a greasy spoon and
an escaped convict'' could have pulled off King's assassination.

The order to kill King, Pepper asserted, came from the head of
organized crime in New Orleans to a Memphis produce dealer who got
Jowers to handle the payoff and murder weapon. An Army sniper squad
was in place to shoot King if the Mafia hit failed, Pepper said.

John Campbell, a state prosecutor who investigated the assassination,
said his office has never turned up evidence to charge anyone other
than Ray with the murder.

"I've still seen nothing that would change my opinion'' that Ray was
the gunman, Campbell said.

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