Edgar Ray Killen - Re-opening of The Case

Re-opening of The Case

In 2004, Killen declared that he would attend a petition-drive on his behalf, which was to be conducted by the Nationalist Movement at the 2004 Mississippi Annual State Fair in Jackson. The Nationalist Movement opposed communism, integration and non-speedy trials. The Hinds County sheriff, Malcolm MacMillan, conducted a counter-petition, calling for a re-opening of the state case against Killen. Killen was arrested for three counts of murder on January 6, 2005. He was freed on bond. His case drew comparisons to that of Byron De La Beckwith, who was charged with the killing of Medgar Evers in 1963 and re-arrested in 1994.

Killen's trial was scheduled for April 18, 2005. It was deferred after the 80-year-old Killen broke both of his legs while chopping lumber at his rural home in Neshoba County. The trial began on June 13, 2005, with Killen attending in a wheelchair. He was found guilty of manslaughter on June 21, 2005, 41 years to the day after the crime. The jury, consisting of nine white jurors and three black jurors, rejected the charges of murder, but found him guilty of recruiting the mob that carried out the killings. He was sentenced on June 23, 2005, by Circuit Judge Marcus Gordon to the maximum sentence of 60 years in prison, 20 years for each count of manslaughter, to be served consecutively. He will be eligible for parole after serving at least 20 years. At the sentencing, Judge Gordon stated that each life lost was valuable, and he said that the law made no distinction of age for the crime and that the maximum sentence should be imposed regardless of Killen's age.

Prosecuting the case were Mississippi Attorney General Jim Hood and Neshoba County District Attorney Mark Duncan. Assisting Hood was Assistant Attorney General Lee Morris. Consultants in the case were Dr. Andrew Sheldon and Beth Bonora.

On August 12, Killen was released from prison on a $600,000 appeal bond. He claimed that he could no longer use his right hand (he had to use his left hand to place his right one on the Bible during his swearing-in) and that he was permanently confined to his wheelchair. Gordon said he was convinced by the testimony that Killen was neither a flight risk nor a danger to the community. However, on September 3, the Clarion-Ledger reported that a deputy sheriff saw Killen walking around "with no problem".

At a hearing on September 9, several other deputies testified to seeing Killen driving in various locations. One deputy said that Killen shook hands with him using his right hand. Gordon revoked the bond and ordered Killen back to prison, saying that he believed Killen had committed a fraud against the court. On March 29, 2006, Killen was moved from his prison cell to a Jackson hospital to treat complications from a severe leg injury he sustained in a logging accident in 2005.