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James "Tiger"
Knowles, Jr.
"The Last Lynching in America"
One of the most
heinous racial crimes that ever took place in the United
States occurred on October 17, 1981. That week, a
jury had been struggling to reach a verdict in the case of a black
man accused of murdering a white policeman. The killing had occurred
in Birmingham, Alabama, but the trial had been moved to Mobile,
Alabama. To Francis Hays - the second-highest Klan official in
Alabama - and his fellow members of Unit 900 of the United Klans,
the presence of blacks on the jury meant that a guilty man would go
free. According to Klansmen who attended the unit's weekly
meeting, Hays had preached that Wednesday, saying, ''If a black man
can get away with killing a white man, we ought to be able to get
away with killing a black man.''
A young black male (Michael Donald)
was abducted in downtown Mobile, Alabama and taken to a
site across Mobile Bay where he was beaten and murdered.
The murder was the revenge for the mistrial of a
black man accused of killing a white Birmingham, Alabama
police officer. Two Ku Klux Klan members, Francis Hays
and James “Tiger” Knowles, were apprehended and charged
with the murder. A third individual, Benjamin Cox, was
also charged as an accomplice. The three were
tried and convicted and Hays was ultimately executed at Holman
Prison in 2000; Knowles
is serving a life sentence and the third co-defendant (Cox) is
serving a 99 year prison sentence.
On that Friday night, after the jurors
announced they couldn't reach a verdict, the Klansmen got together
in a house Bennie Hays owned on Herndon Avenue. According to later
testimony from James (Tiger) Knowles,
then 17 years old, Tiger produced a borrowed pistol. Henry
Francis Hays, Bennie's 26-year-old son, took out a rope. Then
the two got in Henry's car and went hunting for a black man.
Michael Donald was alone, walking home, when
Knowles and Hays
spotted him. They pulled over, asked him for directions to a night
club, then pointed the gun at him and ordered him to get in.
They drove to the next county. When they stopped, Michael begged
them not to kill him, then tried to escape. Henry Hays and
Knowles
chased him, caught him, hit him with a tree limb more than a hundred
times, and, when he was no longer moving, wrapped the rope around
his neck. Henry Hays shoved his boot in Michael's face and
pulled on the rope. For good measure, they cut his throat.
It is ironic to note, however, that the three
defendants were successful in having evidence tying them
to the crime scene completely discredited in court. Statistical evidence offered by the prosecution’s
witness (a chemist) directed toward showing similarities
in soil samples found on the victim’s clothing, the
defendant’s shoes, and the crime scene was totally
invalidated because inappropriate (and incorrect)
statistical tests were used. The prosecution’s witness
was also shown to have little knowledge of both soil
mineralogy and chemical variability associated with
soils. While excellent evidence could have been offered
by the prosecution had they chosen to use either the
heavy mineral and/or clay mineral “fingerprint” of the
soils, the prosecution instead attempted to show
“similarities” in the chemistry of the soils. The
defense witness was able to identify numerous mistakes
made in interpreting the evidence and to invalidate the
entire testimony offered by the prosecution’s witness.
Fortunately, the adage “there is no honor among thieves”
was evidenced and two of the co-defendants, to avoid a
possible death sentence, admitted their guilt and
testified that Hays was the chief conspirator. Following
completion of the trial, the expert witness for the
defense was contacted by the district attorney and asked
whether more appropriate tests could have been offered
(so as to avoid possible errors in the future). He was
able to take solace by learning that both geological and
statistical evidence had been there all along. It simply
had not been reviewed by someone who possessed the
proper expertise to do so.
While the felony to which
Knowles confessed
was a federal crime, the ensuing murder charge against Hays was
prosecuted as a state crime. He pleaded innocent. During Hays'
trial, Knowles
testified that the killing was planned to avenge a white police
officer killed after a Birmingham bank robbery.
Knowles and Hays
assumed that a predominantly black jury would not convict a black
defendant in the Birmingham case. With the approval and
assistance of Hays' father Bennie, Frank Cox, Thaddeus Betancourt,
and Teddy Kyzar - all members of the United Klans of
America - Knowles and Hays planned to kill a randomly selected black
person and burn a cross at the Mobile County Courthouse in a
symbolic act of Klan strength. To establish alibis, the group threw
a party the night the Birmingham case went to the jury. When
news of a hung jury was announced on television,
Knowles and Hayes
slipped away and abducted Donald, whom they found walking alone on a
dark street.
In June of 1983,
Knowles confessed to F.B.I. agent
Bodman. After pleading guilty to violating Michael Donald's civil
rights, he was placed in the Federal witness protection program - a
fairly standard accommodation for Klan informers - and sentenced to
life in prison. In December, when Henry Hays was tried for
capital murder, Knowles
appeared as a prosecution witness. Henry Hays was convicted of
murder on December 10, 1983, and sentenced by the jury to life
imprisonment without parole. Hays conviction was largely due
to the strength of the testimony by
Knowles.
A jury of 11 whites and one black found Hays
guilty and sentenced him to life in prison. That didn't seem
sufficient punishment to Judge Braxton Kittrell Jr., who rejected
the sentence in February 1984 and directed that Henry Hays be
electrocuted. In 1986, the Alabama Court of Criminal Appeals
set aside the death sentence. Later that year, however, the
Alabama Supreme Court upheld Judge Kittrell's decision. ''We
cannot imagine,'' the justices wrote, ''a case in which the death
penalty is more justified.''
Knowles was
sentenced to 10 years to life imprisonment for his part in the
killing.
Despite the
sentences meted out to the killers, no charges stood
against the klansmen who had helped them. The fact that
all the plotters were UKA members seemed a legal
opportunity to Morris Dees, director of the Southern
Poverty Law Center (SPLC). Dees convinced Beulah Mae
Donald, Michael's mother, that a civil suit against the UKA would uncover the entire truth about her son's
murder. Donald agreed to sue the corporate UKA, its
leader "Imperial Wizard" Robert Shelton, and the Mobile
Klansmen for $10 million in damages.
The
suit
against the UKA was
based on "agency theory," which holds that corporations
are responsible for the deeds of employees acting
according to the corporation's principles. Donald's
attorneys attempted to prove that her son's death was
not only the result of a conspiracy between the Mobile
Klansmen, but also of their acting upon the UKA's
violent policies through a semi-military chain of
command.
When the Donald
suit went to court on February 9, 1987, all of the
defendants except Robert Shelton defended themselves.
John Mays, the Imperial Wizard's lawyer, tried to
distance Shelton and his organization from the Mobile
Klansmen. Mays deplored Donald's murder as an "atrocity"
and told the jury that there was no evidence whatsoever
of his client or any other national officer of the UKA
directly participating in the crime.
Dees next
concentrated on proving that violence was essential to
the corporate philosophy of the UKA. He relied heavily
on a deposition by Gary Thomas Rowe, a controversial
government informer who had been present during the 1965
murder of civil rights worker Viola Liuzzo. As well as
detailing UKA sanctions of the Liuzzo killing and
describing her murder on a Mississippi highway, Rowe's
deposition illuminated Shelton's conspiracy with
Birmingham police in 1961 attacks on Freedom Riders and
the 1963 bombing of Birmingham's Sixteenth Street
Baptist church. Rowe's damaging testimony went
uncontested by Mays - although invited, Shelton's attorney
had not attended the taking of Rowe's deposition.
Consequently, it was read into the trial record
unchallenged.
To buttress
Rowe's claims that the Klan was institutionally violent,
Dees called Randy Ward, a former UKA member living in
the federal witness protection program. Ward detailed
his own violent past and recalled Shelton inspiring
Klansmen with his exploits during attacks on civil
rights volunteers in the 1960s. Ward also recalled a
telephone conversation with Shelton, during which the
Imperial Wizard told Ward that Klansmen implicated in
shooting incidents would receive legal and financial
aid.
At the end of
the trial, the defendants offered no witnesses.
In contrast to the lack of contrition among the other
defendants, Knowles
tearfully asked the jurors to return a guilty verdict
and sought Mrs. Donald's forgiveness. "Son," she
replied, "I forgave you a long time ago."
The six members
of the all-white jury ruled in favor of Donald, awarding
her damages of $7 million. The decision effectively
bankrupted the UKA, which mailed the deeds and keys to
its property to Donald. Evidence unearthed during the
trial resulted in murder charges against Frank Cox and
Bennie Hays. Cox was convicted and sentenced to life
imprisonment in 1989. Bennie Hays suffered a heart
attack during his trial and died before he could be
retried. Henry Hays continued to protest his innocence
until his execution on June 6, 1997. Most significantly,
the SPLC led by Morris Dees pursued civil suits in
future murder and assault cases, dismantling hate groups
through their bank accounts.
Beulah Mae Donald v. United Klans of America Inc. et al: 1987 - Klansmen Plot Racial Revenge Murder
Beulah Mae Donald v. United Klans of America Inc. et al: 1987 - Klan's Violent History Traced |