Riverfront Times

Long Time Gone

After decades on the lam, a student anti-war protestor is busted.

Washington University student Howard Mechanic

A version of this story first appeared in the Riverfront Times, Feb. 16, 2000. Howard Mechanic was granted a pardon in January 2001 by out-going President Bill Clinton.

Penny Overton, a young reporter for the Scottsdale (Ariz.) Tribune, found it difficult to believe when Gary Tredway told her he was living under an assumed name. The confession came during her second encounter with the City Council candidate.

During her first interview with Tredway, Overton had told the candidate she would need to verify the information on his résumé and campaign literature. When she informed him of this standard practice, Tredway “started getting really nervous,” Overton says. The reporter tried to put Tredway, a well-known community activist, at ease by asking some softball questions about his family and education, but that only seemed to make the candidate more tense. “He was just sweating buckets the whole time,” she recalls.

After their first meeting, Tredway made repeated attempts to contact her, but Overton says she failed to return the calls because she was busy covering a high-profile murder case. When she finally met with Tredway a second time, on Feb. 3, he first told her that there was a discrepancy in his college transcripts. Overton took this to mean that he had embellished his academic record. But as the interview progressed, Tredway revealed a much darker secret. “Eventually it came out,” says Overton. “He just said, “I’m not Gary Tredway. I’ve been living under an assumed name.’ My response was “You’re bullshitting me,'” says Overton. “This guy is about as square as you can get. He’s a Boy Scout.”

Overton’s story saying that the City Council candidate had a false identity ran in the Tribune on Monday, Feb. 7. Within days, the intricately woven deception had all but unraveled. Tredway was revealed to be Howard Mechanic, a federal fugitive wanted for his involvement in a turbulent demonstration that occurred at Washington University in 1970.

Mechanic, then a 22-year-old student, was convicted on federal charges for throwing a cherry bomb — a powerful firecracker — at firefighters who were attempting to extinguish a fire at the campus Air Force Reserve Officers’ Training Corps (ROTC) building. His life story is now the subject of a podcast titled My Fugitive by George Washington University professor Nina Seavey. Seavey, who grew up in University City, became interested in the case because her father Louis Gilden was Mechanic’s defense attorney.

Originally conceived as a documentary film, Seavey uses Mechanic’s plight to delve into the student-led anti-war movement of the 1960s and 1970s, placing the onus for the repressive measures used against protestors on the federal government and its intelligence apparatus, specifically the FBI. Her research partner in this project was Jeffrey Light, a Washington D.C.-based civil rights attorney, who is an expert in filing Freedom of Information Act requests.

Seavey stepped down as the founding director of George Washington University’s Documentary Center last year after 30 years. Her documentaries and those of her students have themselves received funding from the federal government through the U.S. State Department and U.S. Agency for International Development. She started her career as a political appointee to the U.S. Defense Department during the Carter administration.

The torching of the ROTC building on the Washington University campus in St. Louis, which was carried out by anti-Vietnam War protesters, occurred just after midnight on May 5, 1970, and was precipitated by the killing of four student protesters at Kent State University by Ohio National Guardsmen the previous day.

For Mechanic — a native of Shaker Heights, Ohio — the war in Vietnam had come home: Soldiers were killing students on campus in broad daylight. Although thousands of students cheered as the flames consumed the Air Force ROTC building, no one was ever charged with the arson. But Mechanic was one of the few charged for participating in the demonstration. Upon Mechanic’s conviction by a jury, Judge James H. Meredith — known for his tough law-and-order approach — gave him the maximum sentence of five years in prison and a $10,000 fine. After he lost his appeal in 1972, Mechanic jumped bail.

Mechanic lived with his secret for the next 28 years, settling in the early 1980s in Scottsdale, where he established an identity as Tredway, an apartment owner, health-food supplier and concerned citizen. While living in Arizona, Mechanic married and divorced under his assumed name and raised a son, who is now a 19-year-old student at a college in New Mexico. Mechanic’s twin brother, Harvey, a lawyer in Los Angeles, has refused to say whether he was contacted by his sibling during his fugitive years. Attempts to reach Mechanic’s father, who still lives in the Cleveland area, were unsuccessful.

Mechanic, who is now in federal custody in Arizona, declined through a spokesperson to be interviewed for this story. He has hired attorneys in Scottsdale and St. Louis, who have in turn retained a PR consultant to handle calls from the press. In addition, a Phoenix-area support group has been formed to lobby for Mechanic’s exoneration on the basis of the exemplary life he has led. The ranks of his defenders include the Arizona chapter of Common Cause, a citizens-advocacy organization, which lauds Mechanic for working to pass a campaign-finance reform law. .

Mechanic’s political activism spurred him to run for local office under his assumed name.

Mechanic, the idealistic student radical, still inhabited the body of this middle-aged Arizona landlord, and it only took a little coaxing by Overton to flush it all out. When the reporter, who was a toddler in 1970, began questioning the candidate about his past, she may have gained his confidence because of her knowledge of history. “I think he told me because we talked about the whole ’60s thing,” she says. When Mechanic said she wouldn’t understand his plight, Overton told him that she had done a college thesis in American studies on how the media covered the Kent State massacre.

The long-kept secret had been exposed. Wire services and the Arizona Republic picked up on the story and the pieces of a long-forgotten footnote to the Vietnam War era were broadcast nationwide, rekindling a discussion about the anti-war protests and whether Mechanic still deserves to go to prison.

One of those most directly affected by Mechanic’s flight in 1972 was Washington University English professor Carter Revard, who put up his house to secure Mechanic’s $10,000 bail. Although he still faults Mechanic for skipping out, the now-retired academic saves his harshest criticism for “the lying scoundrels and ideologues” — those who used the legal system to help dictate American foreign policy.

“My view is that they wanted to give (Mechanic) five years in jail for throwing a cherry bomb, while they were giving Medals of Honor to people who were dropping cluster bombs and napalm on Vietnamese children,” says Revard. “I thought that it was an outrage then, and I think now that it’s an outrage.”

Despite growing opposition to the Vietnam War, President Richard Milhous Nixon stunned Americans by announcing on April 30, 1970, that U.S. forces had invaded Cambodia. Within minutes, anti-war activists took to the streets, and within days more than 60 colleges had been shut down by student strikes. On May 4, at Kent State University, Ohio National Guardsmen fired more than 60 rounds into a crowd of 200 students, wounding nine and killing four. At Jackson State University in Mississippi, state troopers fired more than 300 bullets into a dormitory, killing two students and wounding 12 others. Students reacted by attacking and damaging ROTC buildings at more than 30 colleges across the country. One of those schools was Washington University. Incensed by the Kent State killings, as many as 3,000 students attended a May 4 strike rally held in the university’s quadrangle. The crowd then marched on the Air Force ROTC building. The military presence on campus had long been the focus of student protests, but nothing matched the fervor exhibited that night.

Around 12:30 a.m., several of the demonstrators entered the ROTC center with torches and set the building on fire. When firefighters arrived, the mob jeered and pelted them with rocks. Although more than 1,000 people were estimated to have taken part in the violence, only seven were charged. But it was no accident that Mechanic was one of the seven.

Long before the police busted him for throwing a cherry bomb, Mechanic had been targeted by the judicial system and police.

His name is listed in a 1970 congressional report as being among those St. Louisans suspected of traveling to Chicago in October 1969 to take part in an anti-war demonstration called the Days of Rage. The protest turned violent and resulted in massive property damage in downtown Chicago. Six protesters were shot by Chicago police, and more than two dozen cops were injured. The FBI’s target in this case was the sponsor of the protest, the Weathermen, a radical faction of the Students for a Democratic Society (SDS). The Weathermen took their name from the lyrics of a Bob Dylan song, “Subterranean Homesick Blues.”

Other congressional testimony in 1969 shows that the St. Louis Police Department had been monitoring student politics at Washington University long before Mechanic ever enrolled at the university, using informants to spy on left-wing student organizations. Police estimated the ranks of the university’s SDS chapter at no more than 20. Although Mechanic was not linked directly to SDS in the testimony, he was alleged to be a close associate of an SDS member who led a local draft-resistance group.

An earlier fire that gutted the Army ROTC headquarters in the spring semester of 1970, combined with other campus unrest, resulted in a crackdown by the university administration. The university obtained a court order naming Mechanic and six other student demonstrators, including SDS organizer Terry Koch and Devereaux Kennedy, former student-body president. The broad injunction, signed by St. Louis County Circuit Judge George E. Schaaf on March 24, 1970, identified the seven protesters as representatives of a “whole class of defendants” and thereby made them accountable for any future disturbances on campus.

Within hours of the May 4 and 5 rioting, deputized campus police arrested Mechanic. He and other participants in the demonstration had been identified from St. Louis Post-Dispatch photographs surrendered by the newspaper to the FBI. Less than a month later, Schaaf found seven defendants guilty of criminal contempt for violating the restraining order. Mechanic and Koch received the stiffest sentences — six months in jail and $500 fines. But Mechanic’s legal problems were just beginning. The feds were after him for the same crime. In October 1970, Mechanic became the first person convicted by a federal jury of violating the anti-riot law, which had been tacked on as a rider to the Civil Rights Act of 1968. Interfering with the duties of firefighters was deemed a federal offense because the Air Force ROTC building was considered federal property. Judge Meredith meted out the maximum sentence — five years in prison and a $10,000 fine.

Mechanic appealed, unsuccessfully. In upholding the conviction in Dec. 1971, the 8th Circuit Court of Appeals expressed reservations about Mechanic’s being tried both in state and federal court for different charges stemming from the same offense. But the possibility that Mechanic had been subjected to double jeopardy wasn’t enough to cause the conviction to be set aside, the appeals court ruled.

“They were trying to get anybody who they thought was a student leader — anybody who they thought was fomenting demonstrations. They had Howard down as one of those guys,” says Revard, the English professor who put his house up as collateral for Mechanic’s $10,000 bond. When Mechanic didn’t show up to begin serving his sentence on May 24, 1972, Meredith started forfeiture proceedings. Revard relied on contributions from fellow faculty members to pay off the bond.

Unlike Mechanic, Napoleon Bland didn’t avoid incarceration. Bland, now a Muslim who has changed his name to Napoleon A. Rahim, ended up serving four-and-half years in federal prison for his part in the disturbance. In 1970, Rahim worked at Barnes Hospital and attended Washington University part-time. As a youth, he took an active interest in the civil-rights movement and in Urban League and NAACP-sponsored activities, and, for a brief period, he belonged to the militant Black Liberators group. In the wake of the Kent State massacre, he found himself swept up in the fiery protest that erupted at Washington University.

“I was one of the few African-Americans who was caught up in this melee,” says Rahim. “All I did was go down there and throw rocks and cans at the ROTC building. When they went into the building, I ran up to the building. A fellow came out and handed me a flag,” says Rahim. “The next thing I know, he was torching it. They got a picture of me. They said I burned the flag.”

Rahim says he received ineffectual legal representation and ended up serving his time at a federal prison in Terre Haute, Ind. His prison record has haunted him ever since. “Every time that comes up, (it) seems to hold a shadow over me, as if it’s something recent. I felt that it was a great miscarriage of justice,” says Rahim, but he doesn’t hold a grudge against Mechanic for fleeing. “I’m a Muslim now, and we don’t live in the past.”

Rahim says Mechanic appears to have led an honorable life as Gary Tredway. “I feel it’s a great miscarriage of justice to even think about putting him in jail, due to the fact he’s done so much great community work where he’s been at,” he says.

It’s a view shared by Mechanic’s supporters in Phoenix. They argue that he has suffered enough and more than paid for his crime by committing himself through dedication to the community in which he lives. Others aren’t so willing to forgive and forget. One of them is retired Special Agent J. Wallace LaPrade, who headed the St. Louis FBI office in 1970. “I think he violated the law, and I think he should be held accountable,” says LaPrade, 73, who now lives in Virginia. “The fact that he left, I think, should increase the punishment that was rendered at the time that he fled. Leniency? Absolutely not. This individual committed a crime. He was convicted of a crime. And he should pay for the crime.”

LaPrade, who moved to New York City in 1971 to head the bureau’s largest field office, ironically saw his own career abruptly end, thanks to his activities fighting the anti-war movement. He was sacked as assistant director of the FBI in 1978 for failing to cooperate in the Justice Department’s investigation into the FBI’s illegal activities. The FBI was accused of burglarizing private residences and offices as part of its efforts to apprehend fugitive members of the Weather Underground.

After the burning of the ROTC building in 1970, a declassified FBI memo shows, LaPrade was contacted by an unidentified intermediary who had won union support to “repair all the damages caused by the (Washington University) demonstrators at no cost to the government.” According to the memo, the plan was designed to garner “considerable publicity … (and) Life magazine is among the members of the news media who have expressed an interest in this matter…. ” Asked this week about the memo, LaPrade says, “I never heard of such a thing.”

Washington University, however, elected to move the controversial ROTC program off-campus, and the public-relations effort flopped.

The FBI’s local efforts were not always so benign. In 1975, the U.S. Senate Select Committee on Intelligence revealed that the St. Louis field office had sent anonymous letters in 1969 and 1970 to two black-militant organizations in an attempt to disrupt those groups’ activities by alleging marital infidelity among members.

The FBI’s efforts to smash the Weathermen took on added purpose in March 1970, when the group’s bomb-making efforts backfired, killing three members of the organization at a safe house in Greenwich Village. Subsequently, the Weather Underground carried out scores of bombing against targets such as Harvard University, the New York City Police headquarters, the offices of Gulf Oil, the U.S. Capitol Building and the Pentagon.

In 1971, a final attempt was made to destroy Washington University’s ROTC offices, which had been moved off-campus. That year, William Danforth was named the university’s chancellor, succeeding the beleaguered Thomas H. Eliot, who had struggled with waves of campus unrest.

Under Danforth, Washington University’s reputation grew nationally, faculty members won Nobel Prizes and Pulitzer Prizes, and the university’s endowment grew 11-fold to more than $1.7 billion. Today, about 50 Wash. U. undergraduates are enrolled in ROTC. The turmoil of 1970 became a historical footnote, and Howard Mechanic was forgotten.

Danforth, now 73 and the university’s chairman emeritus, has few recollections of that period and offers no opinion about the fate of the former student who spent a lifetime on the run for throwing fireworks at firemen. During a phone interview Saturday morning, Danforth interrupts his reminiscences to make sure of the safety of his granddaughter, who has wandered into the street in front of his house. “I didn’t like the Vietnam War,” he says. “(But) I was in the Korean War and had a great sense of patriotism.” From his perspective, Danforth says, he could see both sides of the issue.

“Eventually things got worked out,” says Danforth.

Howard Mechanic, however, can’t say the same thing.

Altered Reality

Did the CIA’s MK-Ultra program influence the behavior of James Earl Ray?

Dr. Donald Ewan Cameron headed the MK-Ultra behavior modification program for the CIA at McGill University’s Allan Memorial Institute in Montreal in the 1950s and 1960s. In his 2008 book, John Larry Ray, the brother of the convicted assassin, questioned whether James Earl Ray may have been the subject of a CIA mind control operation while serving in the Army in post-war Germany.

A version of this story first appeared in Illinois Times Nov. 29, 2007. John Larry Ray died in 2013

by C.D. Stelzer

John Larry Ray has been pitching this story for nearly a decade — but until now [2007] few have been willing to listen.

The brother of the convicted assassin of the Rev. Martin Luther King, says James Earl Ray told him that in 1948, while serving as a military policeman in postwar Germany, he had intentionally shot a black soldier named Washington at the behest of a U.S. Army officer. The subsequent court martial allegedly ruled that Ray had acted appropriately because the soldier had failed to halt when ordered to do so.

The allegation is revealed in John Larry Ray’s 2008 book, The Truth at Last, The Truth at Last.

Based on a jailhouse conversation that John Larry Ray says he had with his brother, Lyndon Barsten, the co-author of the book, speculates that while in the Army Ray was inducted into a CIA behavior-modification program known as MK-Ultra. The classified program has gained recent notoriety due to the popularity of Wormwood, a 2017 Netflix documentary series by acclaimed film director Errol Morris. The series examines the agency’s culpability in the 1951 death of Army scientist Frank Olson, who was involved in MK-Ultra’s secret chemical experiments at Fort Detrick, Md.

Barsten points out that James Earl Ray’s personality changed after his military service. The conspiracy researcher also notes that two hypnotists treated James Earl Ray before the assassination, a sign that he was vulnerable to suggestion.

Moreover, Barsten maintains that Ray’s two visits to Montreal in 1959 and 1967 show that he may have been part of the CIA-sponsored MK-Ultra sub-project at McGill University’s Allan Memorial Institute conducted by Donald Ewan Cameron. Cameron’s CIA-sponsored research involved studying the effects of electroshock treatments and drugs, including LSD, on human behavior.

Finally, Barsten discovered that Army records of other men who supposedly served with James Earl Ray’s unit don’t match up. He asserts that the Army unit was fabricated to hide the CIA’s behavior-modification program. Barsten’s opinion is based on years of research, including scouring military records housed at the National Personnel Records Center in St. Louis.

In the book, John Larry Ray claims that he knew of these allegations since 1974, but his attempts to divulge the information failed.

For example, on March 30, 1998, less than a month before his brother died, Ray says he wrote a letter to Janet Reno. The then-U.S. attorney general gave him no consideration.

He also dropped a hint in a story that appeared in the Memphis Commercial Appeal newspaper in August 1998. That claim also fell on deaf ears, mainly because he demanded that the federal government fork over a six-figure payment before he would divulge what he claimed to know.

The overlooked secret that Ray wanted to cash in on was revealed in the fourth paragraph of the Commercial Appeal’s story: “… John Ray says James not only was involved in King’s assassination but also a second racial murder he would not discuss… .”

Later, Ray says, he spoke quietly with a Justice Department lawyer with no strings attached. His words still went unheeded.

He says he then contacted Coretta Scott King, widow of the slain civil-rights leader. She didn’t respond.

“I found nobody wanted to hear it,” Ray says.

In January 2001, Ray released his self-described revelation in a video titled The Rub Out of MLK. He sent a dozen copies to news outlets, including the Riverfront Times of St. Louis, CNN, and Court TV. In the video, Ray faces the camera and gives a rambling account of a conversation he allegedly had with the late James Earl Ray in the Shelby County (Tenn.) Jail in 1974. But his telling of the story is difficult to understand because John Larry Ray has a speech impediment.

“Nobody picked up on it,” he says.

The subject of the brothers’ jailhouse chat is now a primary selling point of his book set for publication by Lyons Press next spring [2008] to capitalize on the 40th anniversary of the assassination. Ironically, now that the 74-year-old Quincy, Ill., resident has finally garnered some media attention, he’s not talking, on the advice of his literary agent and publisher.

“I [am] under orders to keep my mouth shut,” Ray wrote in an e-mail message. “If I say anything about the contents, it would break the contract.” While the gag order is in place, Ray’s literary agent is shopping the film rights around Hollywood.

But the gist of Ray’s startling claim can be gleaned from his 2001 video recitation and in an interview he granted me later that year.

The story begins in October 1974, when Tennessee prison authorities transferred James Earl Ray to the Shelby County Jail in advance of an evidentiary hearing to determine whether he should be granted a trial after pleading guilty in 1969 to the murder of King. A few days after his plea, James Earl Ray recanted and claimed that his confession had been coerced.

John Larry Ray, who was serving a sentence for bank robbery at the federal penitentiary in Marion, Ill., in 1974, was called to testify on his brother’s behalf. He was transferred to the same jail, where the two brothers shared a cell, according to John Larry Ray.

The circumstances made for a less-than-ideal family reunion.

Although the two were fiercely loyal to each another, there had never been any love lost between them. Now they found themselves caged under the most trying of conditions.

“My brother had a track record of selling out his relations,” says Ray. John Larry Ray worried that his court appearance would jeopardize his future parole chances. He harbored a nettlesome memory, too. He recalled how James Earl Ray had used his Social Security number to get a job as a dishwasher in Chicago after he had helped him escape from the Missouri State Penitentiary in 1967.

The two brothers argued violently and had to be separated at one point. During less tense moments, however, James Earl Ray supposedly began telling him a cloak-and-dagger tale that strains credulity.

James Earl Ray told his brother that in 1948, while serving as a military policeman in postwar Germany, he was ordered by a superior officer to shoot a black soldier named Washington. A subsequent court martial allegedly ruled that Ray had acted appropriately because the soldier had failed to halt when ordered to do so.

The shooting left Washington paralyzed, and the Army denied him a disability pension, according to John Larry Ray’s account of what his brother revealed to him. After James Earl Ray returned from Germany, John Larry Ray noted a personality change in his brother. Without knowing the exact reason for it, he attributed the anti-social behavior to his brother’s military service.

During the 2001 interview, John Larry Ray wondered why the FBI failed to find his brother’s Army records. He also stated that his brother may have been involved in other shootings while stationed in Germany. If James Earl Ray did kill King, the missing military records of the alleged shooting or shootings could supply a possible motive, his brother says.

The story is impossible to confirm because James Earl Ray’s military records have disappeared. The reason for the disappearance could possibly be attributed to a 1973 fire at the National Personnel Records Center that burned a large portion of the archive.

But there is an added enigma.

While they were stuck in the jail cell together, James Earl Ray allegedly told his brother that the then-nascent CIA had tapped him to be an intelligence asset in the military. Moreover, after he had been discharged from the Army, James Earl Ray said that he continued to work as an intelligence operative in the United States.

“He still thought he was in the CIA in his own mind,” John Larry Ray says.

When John Larry Ray asked his brother why he pleaded guilty, his brother allegedly told him that the earlier shooting incident would have been introduced as evidence against him.

For decades John Larry Ray kept his brother’s secret, not knowing how much of the spy tale to believe. He didn’t tell a soul until around the time of his brother’s death. He even doubted James Earl Ray’s sanity because his brother had consulted mental health professionals, whom John Larry Ray refers to as “bug doctors.”

“That tells you [he’s] got a problem,” John Larry Ray says. “At least he thinks he’s got a problem, or he wouldn’t be going there.”

John Larry Ray thinks that his brother may have been a CIA patsy, but he’s not sure. “I don’t know if Washington existed,” he says. “I’m assuming he [James Earl Ray] would have no reason to lie to me. I didn’t say that it’s necessarily true.”

Those are John Larry Ray’s words from his 2001 interview.

James Lesar, who was one of the lawyers representing James Earl Ray in 1974, doesn’t remember the two Ray brothers sharing a cell at the Shelby County Jail. Says Lesar: “Jimmy was placed in a cell with 325-pound Mafioso type.”

Maybe in Memphis

  Jim Green, ex-con and government snitch, says he and his buddies from the Bootheel took part in the plot to kill Martin Luther King Jr. Trouble is nobody believed him and now he’s dead.

by C.D. Stelzer

A version of this story was first published in the Riverfront Times (St. Louis) May 9, 2001. Jim Green died in 2003.

The late Jim Green, a native of Carthursville, Mo. posing for a snapshot in April 2001. Green claimed that the junked 1965 Ford Mustang in the photo was one of three identical cars used in the plot to kill the Rev. Martin Luther King in Memphis on April 4, 1968.

Wherever James Cooper Green Jr. goes in Caruthersville, his reputation precedes him. They know his name at the courthouse and at City Hall, at the liquor store and the café. In casual conversation, he tends to reminisce about the town’s violent past, when Caruthersville, Mo., was known as “Little Chicago.” He broaches the subject in the same way other people talk about the weather.

At his prompting, a woman at the Tigers Hut Café recalls how a bullet flew through her bedroom window when she was a child. The county prosecutor, its intended target, lived next door. Later, a 73-year-old man who once worked for Green’s father recounts how he shot and killed a fellow with a .38-caliber pistol. The boys at a local package-liquor store brag about smuggling machine guns over the state line.

They’re not lying so much as telling Green what he wants to hear. He revels in the old stories most residents would prefer to forget, tales of bygone days when Caruthersville was the capital of vice in the Missouri Bootheel, times when bootlegging, prostitution and illegal-gambling interests controlled Pemiscot County. It was not so long ago, really. The Climax bar and the Seawall whorehouse have been razed. But other haunts remain: the shady businesses, the former sites of murder and mayhem. Though he left here decades ago, no one knows these places better than Green. When he returns, as he often does, respectable members of the community — the elder lawyer, the current circuit judge, the retired newspaper publisher — shun him. His mere presence stirs apprehension, if not fear. Rumors shadow him: Green is a drug trafficker in Florida. Green is an FBI informant. Green is a Mafia associate.

“They’re scared to death of me in this town,” he says. “They always wonder what I’m up to. They’ll tell you I belong to the mob. They’ll tell you I work for the federal government. They don’t know.” Green is an enigma. Reviled by many and trusted by few, he trades in uncertainty as if his life depends on it.

For more than 20 years now, Green has maintained that he has knowledge of the plot to murder the Rev. Martin Luther King Jr. He testified behind closed doors before the House Select Committee on Assassinations in 1978; the testimony has been sealed by law until 2029. In 1997, he told his story to Dexter King, son of the slain civil-rights leader, in a private meeting.

The next time Green set out to tell this story, he ended up in jail. He was on his way to meet a senior producer for CBS News in Memphis on Feb. 25, 1998, when he and his wife were pulled over in their Dodge pickup by the Shelby County (Tenn.) Sheriff’s Department narcotics unit. Green had ostensibly come under suspicion because police were investigating whether a methamphetamine lab was being run at the hotel where he had spent the night. The narcotics squad found no drugs, but Green was held in police custody for three days before he was released. Because of the arrest, Green missed a scheduled interview with Dan Rather for 48 Hours.

The news program, which preceded the 30th anniversary of the assassination, focused renewed attention — based on theories promulgated by the late James Earl Ray’s last attorney, William F. Pepper — on a possible conspiracy to kill King. At the time, Pepper was peddling his own conspiracy theory, based on the claims of Loyd Jowers, former owner of Jim’s Grill, who said he had paid a Memphis police officer to kill King at the behest of a local mob figure. Rather dismissed Green’s involvement in one sentence, telling viewers that Green’s prison record showed him to have been in custody on the day of the assassination.

But Green says that his prison record is wrong and that his 1998 arrest and subsequent discrediting are part of a continuing government disinformation campaign promoting the late FBI director J. Edgar Hoover’s “lone gunman” theory. Claims by Green that he possesses what may have been the murder weapon and one of the getaway vehicles make his assertions seem all the more preposterous. Prosecutors from the Memphis district attorney’s office to the U.S. Justice Department label him a convicted felon and an unreliable source.

Yet there are untold elements that lend some credibility to Green’s far-fetched story. Despite his criminal record, Green has served as a local law-enforcement official and a federal undercover agent for years. Police officers and sheriffs have provided him with reference letters. More telling are Green’s FBI files, which provide a partial chronicle of his life over the last 35 years and corroborate many details of his account.

“I just wanted to tell the story and disappear,” Green says. He is sitting bare-chested at a table in Room 16 at Pic’s Motel on Truman Boulevard in Caruthersville. The motel once served as a location for illicit high-stakes poker games. It no longer holds that cachet. The room smells of mildew and cigarette smoke. Outside, a rusty window-unit air conditioner sits beside the door. Other household debris litters the parking lot.

“I’m serious. I’ve got a place in Colorado,” he says. “They’d never find me. I got several IDs I can use that I’ve had for years that they don’t know about — Social Security cards, voting cards, everything. And they’re legal; they’re not fake. I know how to do it. It’s the oldest trick in the book, how to disappear.”

Green pauses to light a Misty 120 menthol cigarette, takes a drag and then coughs. Of his three tattoos, two are of the jailhouse variety — a dove on one arm, a hawk on the other. The third has “Jim” inscribed above a crudely etched dagger piercing a heart.

A half-empty fifth of Gilbey’s gin sits on one corner of the table, near a bottle of prescription painkillers. Green, 54, continues fantasizing about changing his name, changing his life, starting anew. “The only thing you can’t make disappear is your fingerprints,” he says. “There’s a way, but I wouldn’t go through it. Too much work. Acid and sanding. You have to go to a doctor in South America to get it done. I ain’t going through that. I done lived too long, anyway. That’s the reason I sleep with that.” As he speaks, Green reaches into his black overnight bag and pulls out a .45-caliber semiautomatic handgun.


Green’s tale begins in the fall of 1964, when he moved to St. Louis with his first wife and their infant son. Green worked downtown at International Shoe. When he turned 18 in January 1965, he dutifully registered for the draft, listing his home address as 2138 Victor Ave. But with his marriage in trouble, he took off for Caruthersville in March. The next month, he and a friend hit the road in a 1959 Ford Fairlane and ended up in Laredo, Texas. After crossing the border, they bought bus tickets to Mexico City. Once they reached the capital, they got a room at the Bonampak Hotel.

According to the official FBI account, the two young men ran out of money after going on a spree, then asked the U.S. Embassy to pay their fare home. The embassy denied the request and advised them to call their parents. FBI communiqués describe the pair as “smart aleck, hostile, generally uncooperative and uncommunicative.” During an interview with an embassy official, Green’s partner — his name has been blacked out in the FBI records — reportedly displayed a switchblade knife and repeatedly flicked it open. They were considered armed and dangerous. After being spurned at the U.S. Embassy, the two decided to see whether they’d get a better reception at the Soviet Embassy, according to FBI records.

Green remembers it differently. He claims that he met a CIA contact, a Mexican lawyer, at the border. His contact, he says, arranged for the sale of his car and directed him to meet a man at the Monterrey bus station who would provide further instructions and travel money. Once directed to the hotel in Mexico City, Green called a number at the U.S. Embassy. At an appointed hour that evening, an English-speaking cab driver took Green and his friend to a side-street café, where an embassy attaché advised them on how to present themselves when they visited the Soviet Embassy the next day.

One aspect of the saga is undisputed. The FBI memos indicate that Green and his companion visited the Soviet Embassy on two successive days. On their second visit, they formally defected to the Soviet Union. When the pair left the embassy, they were promptly arrested by the Mexican secret police and jailed. On April 21, 1965, Mexican authorities deported the two young men.

The case generated a flurry of secret cables. FBI field offices in St. Louis and San Antonio were alerted after urgent messages were dispatched from the U.S. Embassy in Mexico City to the FBI director’s office in Washington, D.C. The Memphis and Kansas City FBI offices would later be brought into the investigation. At headquarters, the attempted defection was discussed in internal memos among high-ranking bureau officials. The internal security, domestic-intelligence and espionage sections were all apprised of the situation. Portions of this correspondence have been redacted for national-security reasons. Two of the internal memos are completely blacked out. Ultimately, after an agent interviewed Green in September 1965, the FBI director’s office concluded that Green’s “Mexican escapade [was] obviously a youthful prank” and expressed no further interest in pursuing the case.

By that time, Green had enlisted in the Army and was stationed at Fort Leonard Wood. In November, he got drunk with some of his Army buddies and drove in a stolen car to St. Louis, where he was arrested. He was convicted of car theft in Oregon County, Mo., and sentenced to three years in prison. At the Missouri Penitentiary in Jefferson City, Green says, he crossed paths with James Earl Ray, an inmate who worked in the laundry. Green was transferred to the Algoa Correctional Center, also in Jefferson City, and, later, to a medium-security prison in Moberly. During at least part of his incarceration, Department of Corrections records indicate that Green worked as an undercover operative for a deputy sheriff in Oregon County. But Green doesn’t recall doing that. He was released in late August 1967 and immediately resumed his criminal activities.


At Moberly, Green served time with Moe Mahanna, a Gaslight Square club owner who was doing six years on a manslaughter rap for beating an Indiana tourist to death outside his bar, the Living Room. Being locked up with Mahanna opened doors for Green when he got out, helping him gain acceptance among a cast of St. Louis criminal figures, including East Side boss Frank “Buster” Wortman and labor racketeer Louis D. Shoulders. Just 20 years old, the Caruthersville youth had already put together a sordid résumé. He was an ex-con. He had a network of mob contacts. At 6-foot-1 and 185 pounds, Green could be at once arrogant, rebellious and physically intimidating. But his immaturity also made him pliable. St. Louis’ criminal syndicate could use a man like Green.

Within a month of being released from prison, Green says, he and his friend Butch Collier met with Shoulders at Whiskey A-Go-Go, across the street from Mahanna’s club in Gaslight Square. The nightclub had a reputation for being a hangout of felons and other notorious characters. As early as 1958, Shoulders himself had been subpoenaed by the Senate Rackets Committee. He later took over Laborers Local 42, and, by 1967, with the Vietnam War raging, he had gained control over hundreds of jobs at the Gateway Army Ammunition plant, a project plagued by millions of dollars in cost overruns.

When Shoulders walked into Whiskey A-Go-Go, Green recognized the man who accompanied him. The man, known by Green only as “Paul,” had been introduced to him earlier at a downtown pool hall by Collier. Green says Paul was then in his mid- to late 30s, about 5-foot-10, with a dark complexion. He wore a suit with an open-collared shirt and no tie, spoke with a Northeastern accent and had red hair. Paul, Green says, appeared to be acquainted with the management at the go-go club and seemed to be talking business with several people at the bar.

The meeting, Green says, was not a chance encounter. It had been set up by Lee J. “Jaybird” Gatewood, Caruthersville’s crime boss. Jaybird had been contacted by Wortman, who controlled organized crime in East St. Louis, Southern Illinois and Southeast Missouri. Green says Paul agreed to pay Green and Collier $4,500 to pick up a truckload of stolen Cadillacs from a railyard in St. Louis and drive to the Town and Country Motel in New Orleans, headquarters of New Orleans Mafia don Carlos Marcello. Green says he didn’t realize who Marcello was until years later. Back then, Green was merely a driver. His entire criminal career to date involved alcohol and fast cars: running whiskey to dry counties in nearby Tennessee, Alabama and Mississippi and going on a drunken spree in the Army in a stolen vehicle.

In contrast to his past exploits, Green’s next job seemed almost tame. Wortman’s rackets included providing “insurance protection” to vending-machine operators, including Broadway Music in Caruthersville, then owned by Harold J. “Bo” Young. A portion of the untaxed cash receipts was regularly shipped north to St. Louis. Less than two weeks after he dropped off the hot cars in New Orleans, Green says, he delivered a payment to Wortman in St. Louis and then met Paul at the downtown pool hall, where they had lunch. Paul lauded him for his work and then reached into his jacket pocket and flashed an FBI badge.

“I thought I was going back to jail,” Green says. Paul assured him he was not under arrest, but Green left in a panic and hightailed it back to the Climax bar in Caruthersville. Green found Jaybird in his usual position, perched on top of his safe in the bar. “I said, ‘Jaybird, do you know this motherfucker is a FBI agent?'” Green recalls. Jaybird, he says, laughed and asked him whether he had shit his pants. The older crook then tried to calm him down. “Look, we do things for them. They do things for us,” Green recalls Jaybird saying. “It works the same way it does with the sheriff. All you got to do is trust what he tells you.”

Green says he agreed to cooperate with Paul but continued to feel uneasy about it. Not only was Paul an outsider, he had identified himself as a federal agent and was becoming more involved in calling the shots. Over the next several months, Green recalls, Paul visited Caruthersville three or four times. The meetings, which were always held in the backroom of the Climax, at different times included Jaybird, Young, Collier, Green, Pemiscot County Sheriff Clyde Orton and Buddy Cook, the town’s most prominent bootlegger. At one of these meetings, Green says, Paul instructed him to pick up three rifles from a Caruthersville pawnbroker. After retrieving the weapons, he stowed them in a shed behind his parents’ house, in a duffel bag holding his Army clothes.

Meanwhile, Green’s personal life had taken another unforeseen turn. His second marriage lasted only a week. This time, he moved south to Memphis, where he shared an apartment with Joe R. Tipton Jr., a Caruthersville friend. In late December 1967, Green got drunk on his way back from St. Louis and picked up a hitchhiker, Edward Fatzsinger. Once they reached the Bootheel, they stopped at the Idle Hour tavern in Hayti, where Green’s estranged wife tended bar. After leaving in a fit of anger, Green spied a 1966 Chevy Caprice in the parking lot and decided to steal it. It wasn’t a strictly impulsive decision. He knew of a Memphis stock-car driver who might buy the car for its 350-cubic-inch engine.Two days later, Memphis police knocked on his door and arrested him for interstate transportation of a stolen vehicle, a federal charge.

Under questioning by the FBI, Green offered to give up the names of other criminals, including corrupt law-enforcement officials, if the feds dropped charges. But the agents refused, and Green remained in the Shelby County, Tenn., jail until Feb. 15, 1968, when he was transferred to the Springfield, Mo., medical facility for federal prisoners because he was spitting up blood. Green contends he faked the symptoms by sucking on his gums. After being held for observation for a little over a month, Green says, he was sent back to Memphis.

On his first night back in jail, Green says, the chief jailer escorted him across the street to the federal building to confer with Paul, who informed him that he would be released immediately. Before leaving, Paul warned him not to make any further statements to the police.

It is impossible to verify Green’s version of events through federal-court records, because they were routinely expunged more than a decade ago. Contacted by telephone, a spokesman for the federal hospital says the limited information available shows Green stayed at the Springfield facility until April 9, 1968, five days after King was murdered. Not surprisingly, Green disputes the official record.

By his account, he had returned to Caruthersville by the third week of March and was working for his father at a lumberyard. He began courting his third wife and took her to the Caruthersville High prom. He also attended another meeting in the backroom of the Climax bar. The assemblage included Paul, Jaybird, Young, Orton, Collier and Green. Paul passed around a photograph of James Earl Ray, saying Ray had threatened to snitch on everybody and had to be silenced. Paul ordered Green and Collier to rendezvous with him in Memphis on April 2.


On the afternoon of April 2, 1968, Butch Collier and Jim Green checked into a motel in Southhaven, Miss. That evening, they patronized a nearby massage parlor and then went out drinking. Paul showed up at their room late the next night and dropped a package on the bed containing $5,000. He promised an equal amount once the hit was carried out. Paul told them Ray planned to rob a tavern on South Main Street. Two Memphis police officers had been contracted to kill him as he attempted to make his getaway. If the police missed, Green, who was to be stationed on a nearby rooftop, would shoot Ray instead.

That evening, Collier and Green drove back to Caruthersville to retrieve the weapons. When they returned to Memphis, they took a room at a motel on Lamar Avenue, near the airport. The next night, Paul showed up and explained the plan in detail. Three identical vehicles would be involved in the plot. Ray’s white Ford Mustang and another owned by Tipton, Green’s roommate, would be parked near a rooming house, Bessie’s, where Ray had taken a room. A third white Mustang would be parked down the street, near the Arcade restaurant. In case of a mixup, the third automobile would be used as the getaway car. It would be equipped with a CB radio to monitor police calls, and false identification papers would be stowed in the glove box. Green would be positioned on the roof of a cotton warehouse south of Jim’s Grill, on the opposite side of the street.

After the briefing, Paul, Green and Collier drove to South Main to familiarize themselves with the area. It was cloudy, with a light mist falling, and doubts were beginning to creep into Green’s mind. “I really didn’t know if I could do it,” he says. “So I kept asking Butch what was he supposed to be doing, and he said, ‘All I know is, I’m going with Paul.’ The pair went back to their motel room and talked. As thunder and lightning flashed outside, Collier went off on a long, rambling screed about his segregationist views. The conversation struck Green as odd, given the circumstances, but he tacitly agreed with his friend’s racist rant, not knowing its portent. Green had no idea King had preached his last sermon at the Mason Temple that night. He says he didn’t even know King had returned to Memphis. Moreover, he didn’t care. “King didn’t mean no more to me than anybody else. Back then, a nigger was a nigger,” Green says. “You either talked that way or your own white people would run you out of town. You might not agree with it, but you still had to act like you were prejudiced. And I guess, at that time, I was, to a certain extent.”

The next day, about noon, Collier and Green drove downtown to the King Cotton Hotel. Butch dressed, as usual, in a navy-blue peacoat and plaid shirt. As they were seated at a back table of a restaurant on the ground floor, Ray walked in, sat down at the counter and glanced in their direction before exiting. According to Ray’s own account, he noted two suspicious characters staring at him when he mistakenly wandered into Jim’s Belmont Café at 260 S. Main St. later that afternoon.

About 3 p.m., Collier dropped Green off near the rear of the warehouse. After crossing the railroad tracks, Green scaled a ladder and positioned himself on the roof. From his vantage point, he had a clear view of Jim’s Grill and Bessie’s rooming house. Fifteen minutes later, he saw Collier and Paul pull up in Tipton’s Mustang and park a couple of spaces behind Ray’s identical vehicle. They got out and entered different doorways. At the same time, to the south, he saw the third Mustang draw to the curb in front of the Arcade. The driver was picked up by another well-dressed man in a dark Chevrolet sedan. Ray then exited the rooming house and entered Jim’s Grill, followed by Paul. At 3:30 p.m., Ray left and walked north on Main Street. A few minutes later, Paul came out, looked in Green’s direction and then re-entered the rooming house. Ray returned.

Green remembers the sounds that day: the pigeons cooing and flapping their wings on the roof, the sound of the traffic below, river tows blowing their horns behind him. It was the slack time of year for the cotton industry, but at 4 p.m. some employees milled below him. Fearing he would be seen, Green moved to a more secluded rooftop, four doors south.

“I laid on that fucking building almost two-and-half hours,” Green says. “I heard every bird. I heard every noise. I seen everything I could see. I thought every thought I could think. And the question has always been ‘Would I have done it?’ I don’t know.”

As dusk approached, Green grew edgier. Then, at 5:55 p.m., he saw Ray step from the rooming house and jump into the Mustang. Something had gone amiss. Ray hadn’t robbed the grill. No cops had arrived. Green hesitated. Paul had told Green that Ray would head south on foot. Instead, Ray drove north. Green waited, thinking Ray might circle the block. Five minutes passed, and he thought he heard a backfire. Within moments, Collier appeared at the front of the building across the street, followed by Paul, who dropped a bundle in a nearby doorway. Green heard screams and saw people running from the nearby fire station. Collier and Paul got into Tipton’s Mustang, drove north and then made a U-turn. Collier dropped Paul off at the third Mustang, parked next to the Arcade, and then swung behind the warehouse to pick up Green. By this time, Green could hear sirens, and police were starting to arrive.

With Green riding shotgun, Collier cut over Third Street to Lamar Avenue and headed west. After crossing the Mississippi River, he pulled under the Memphis-Arkansas Bridge and tossed two rifles into the river. The pair headed north on Highway 61. Collier had driven all the way to Osceola, Ark., a distance of about 45 miles, before Green noticed the third rifle, still in the backseat. They decided it was too late to ditch the gun. They would have to wait. The remainder of the trip, Green says, they didn’t talk much, but Collier kept repeating the same phrase to himself: “I killed that nigger, I killed that nigger.” After Collier dropped him off at his parents’ house, Green says, he left the rifle with a friend who lived in the neighborhood. By the time he got home, his father was watching the news. Green went into the kitchen, poured a glass of milk, grabbed a handful of cookies, came back to the living room and sat down. On the screen was the image of the rooming house on South Main in Memphis. The TV news reported that a sniper had fired a shot from a rear window of the building, fatally wounding King as he stood on the balcony of the Lorraine Motel. Green says he almost fell out of his chair. It was the first inkling that his Memphis trip had been tied to something more than knocking off a two-bit hood.

Green borrowed his father’s car and sped to the Climax bar. On his arrival, Jaybird ushered him into the backroom. Green recalls Jaybird telling him that he had “fucked up by not killing Ray, and everybody [was] covering their tracks.” Green says Jaybird instructed him, if asked, to say he had been gambling all day at the Climax. Jaybird told Green to go home and lie low. Two days later, on April 6, Jaybird called Green to a meeting in the backroom. All the major players attended: Paul, Wortman, Shoulders, Young, Orton and Collier. All the persons named by Green, with the possible exception of Paul, are dead. Paul remains unidentified. This leaves no one to corroborate Green’s account of the meeting, which Green could not have attended if he was incarcerated in the prison hospital as his record indicates.

During the alleged meeting, Green recalls, Paul referred indirectly to his superior. Paul said that his boss would go to any length necessary to shield himself from being implicated, Green says. Because Paul had earlier shown him FBI credentials, Green inferred that someone higher up in the bureau was involved. The contract on Ray remained in effect. Green and Collier were each issued a .38-caliber Brazilian-made Rossi pistol and told to stand by.


Green’s account — a subplot within a larger conspiracy that has Ray set up as King’s assassin but then murdered by police or by Green — is incredible by any measure, so fantastic that the U.S. Justice Department has chosen to disregard it altogether. When the department issued its latest findings, last June, it didn’t even refer to Green. The department undertook the investigation to look into recent allegations regarding the assassination, including Jowers’ claims, after being asked by the King family. Essentially, the government has deemed Green an unreliable witness, if not a liar and a fraud. Barry Kowalski, the Justice Department lawyer who headed the investigation, refuses to comment publicly on Green’s allegations. An investigation conducted by the Shelby County District Attorney in 1998 also gave no credence to Green’s story.

The version of events Green told the Riverfront Times has discrepancies as well. The inconsistencies relate mainly to locations and place names, errors that could be explained as lapses of memory on Green’s part. Less explicable are Green’s two mystery men: Collier and Paul. Collier appears to have used more than one name and is likely dead.His participation in the conspiracy cannot be confirmed, except through Green. As for Paul, there is no readily available way to verify whether he ever existed.

Green’s only true believer is Lyndon Barsten, a Minneapolis-based conspiracy researcher. The two have teamed up and hit the conference and lecture circuit together. Barsten spends all his spare time delving into the King case. He considers it his search for the Holy Grail. To his credit, Barsten is responsible for obtaining Green’s FBI records through the Freedom of Information Act. “What Jim is saying makes perfect sense to me,” Barsten says. “There is documentation to back up what he has to say.”

Barsten notes that the bureau’s records show that Eugene Medori, an FBI agent in Memphis, displayed a photo lineup to Ralph Carpenter, a clerk at the York Arms Co., on April 6. Ray had bought binoculars from Carpenter on the afternoon of April 4. At this time, the FBI had yet to identify Ray as a suspect. One of the mug shots was of Byron De La Beckwith, a white supremacist and a suspect in the 1963 murder of civil-rights leader Medgar Evers. (More than 30 years later, De La Beckwith would be convicted of the murder.) The agent also showed Carpenter a photograph of Green.

“Now, why was I in a lineup with De La Beckwith?” asks Green. “I ain’t no killer. All of them boys are Klansmen. I’m just a car thief. What am I doing there? I’m in the lineup of the FBI, two days after King’s killing. What am I doing in that lineup — if I’m in jail?”

Medori’s name also shows up on the witness list of Fatzsinger, Green’s co-defendant in the car-theft case. Solely on the basis of his Springfield medical record, Green is presumed to have been held without bail from his arrest in December 1967 until his sentencing on July 12, 1968.

On May 15, however, the Memphis FBI office dispatched an urgent cable to its counterpart in St. Louis, requesting that James Cooper Green of Caruthersville be interviewed. The message refers to an earlier communication dated May 1, 1968, which identified Green as the inmate who may have been beaten for not paying for amphetamines purchased from Ray while the two were behind bars in Jeff City. The cable mentions that Green was “currently on bond following indictment … [in] Memphis.”Nevertheless, the date on the cable still does not contradict the Springfield record that shows Green to have been there until April 9.

Other memos in the MURKIN file (“MURKIN” is the bureau’s code name for the King case) show the FBI focusing attention on Caruthersville and the Bootheel — after the bureau had identified Ray as the prime suspect on April 19.

From May 15-20, 1968, for example, the St. Louis field office, in cooperation with local law-enforcement officials, canvassed individuals and businesses in the Bootheel that received phone calls placed from a Sinclair service station in Portageville, calls believed at the time to have a connection to the case. The FBI office in Chicago also searched for J.D. Dailey, a presumed associate of Ray’s who had recently moved from St. Louis to Portageville, Mo.

“Why is the town of Caruthersville mentioned in all these documents?” asks Green. “Not just one FBI office, but four or five.”

Caruthersville crops up in the MURKIN file again, more than a year after the assassination. By this time, Ray had pleaded guilty, then quickly recanted. Despite Ray’s renewed plea of innocence, his biographer, William Bradford Huie, cast him as the lone assassin in a 1968 Look magazine series. In the last article, Huie wrote that Ray stayed at a motel near Corinth, Miss., on April 2, 1968. This prompted FBI headquarters to order its field offices in Birmingham, Jackson and Memphis to investigate Ray’s whereabouts between March 29 and April 3. Motel registrations were scrutinized to determine whether anyone had accompanied or contacted Ray during this period. Headquarters advised the field offices not to divulge that their inquiries were related to Ray’s case. But after the Jackson FBI disseminated the motel-registration names to other branches across the country, headquarters did an about-face and halted the investigation:

“In view of the fact that more than a year has passed since these persons stayed over night at Corinth, and since similar investigation of this type in this case has previously been unproductive, and since Huie has admitted that Ray frequently is untruthful in statements to him, and further since it is not believed that it is of any particular importance to establish whether or not James Earl Ray stayed over night at Corinth on 4/2/68, all offices will disregard the leads set out in Jackson airtel dated 5/7/69 unless specifically advised by the Bureau to cover same.”

The Jackson office’s list included the Southern and Nite Fall motels in Corinth. Three men from Caruthersville stayed at the Nite Fall and one registered at the Southern between March 29 and April 3, according to motel records in the FBI file. Green says all four men were then employed by Buddy Cook, the Caruthersville bootlegger who had attended meetings with Paul at the Climax bar.

To bolster its “lone stalker” theory, the House Select Committee on Assassinations in 1978 produced a laundry receipt signed by Ray in Atlanta on April 1. Ray denied it was his signature and sent his brother to search out the motel he said he had stayed at on that date. Jerry Ray later told the subcommittee that he traveled to Corinth and located the Southern Motel using a map his brother had drawn.


In January 1970, Green was released from federal prison in El Reno, Okla., after serving two years for stealing the Caprice and driving it to Memphis. He moved back to Caruthersville and took up residence in a trailer park with his third wife.

On his return, he discovered that things had changed. Wortman, the East St. Louis mobster, had died in August 1968 of complications following surgery. Less than six months later, on Feb. 15, 1969, an unknown assailant gunned down Jaybird outside his house.

“When Jaybird got killed, that spooked a lot of people,” Green says. “I feel like Jaybird’s death and Wortman’s death and a few others was just like cutting off the snake’s head. He was the main link. Jaybird would be the only man who would know everybody, dates, times, places, who’s who. After they killed Jaybird and Wortman is gone, there is no link to Paul except me and Butch. And who is going to believe us when the FBI has done put out a one-man theory? I’m an ex-con. If anything went wrong, I believe, me and Butch were the fall guys.”

To protect themselves, Collier and Green had fabricated a tale to convince Paul and the other criminal co-conspirators that they had stashed incriminating evidence. “We told them we had some tapes and we still had the guns,” Green says. “We didn’t tell them that we had put them in the river.” According to Green, part of the story was true: he hid one rifle at a friend’s house. Green also claims to have kept a diary. “Maybe that’s what got Jaybird killed. I don’t know. The one thing I do know is, they couldn’t prove whether we had it or not.”

After Jaybird’s death, Green theorizes, a purge took place. Collier became a Caruthersville police officer, and Green would soon join the ranks of law enforcement as well.

Shortly after Green got out of prison, then-Missouri Attorney General John C. Danforth initiated a vigorous campaign to oust Clyde Orton. Danforth’s office charged the Pemiscot County sheriff with allowing widespread bootlegging and illegal gambling in his jurisdiction. As a part of the inquiry, Green says, Danforth and others interviewed him at a motel in Miner, Mo. When he entered the motel room, he saw a familiar face — Paul. The investigators asked Green about gambling and whether Orton had knowledge of it.

After Orton’s ouster, Green says, the new sheriff issued him a badge, and he started working undercover with federal Alcohol, Tobacco and Firearms agents out of Cape Girardeau. As his first assignment, he helped set up and bust the pawnbroker who, according to Green’s account, provided the rifles for the assassination. Green says he nailed the pawnbroker for selling guns without a federal firearms license.

He then began targeting remnants of Jaybird’s and Cook’s operations near Reelfoot Lake, Tenn. Although Green says he was working for ATF, a FBI memo from 1971 indicates that his activities were still being monitored at the highest levels of the bureau. The memo’s contents are totally blacked out.

As he pursued his undercover career, Green’s former criminal associates began to fall in slow progression. Shoulders died in a car bombing near Branson, Mo., in August 1972. A decade later, a jury convicted Cook in the contract slaying of Bo Young, the owner of Broadway Music. Cook died in prison.

In 1975, Green took part in an elaborate undercover project in Memphis called Operation Hot Stuff. Using $66,000 in federal Law Enforcement Assistance Administration funds, the Memphis Police Department and federal law-enforcement officers set up a fake company called Investment Sales. Green played the role of “Jimmy Genovese,” who was supposed to be the grandson of a mob boss. Police furnished Green with an expensive wardrobe, provided a new Cadillac and rented a townhouse for him. He pretended to be an importer/exporter of lamps who actually fenced stolen merchandise. Each day, he would go to work, read the newspaper, talk on the phone and flirt with the secretaries in the adjacent office. Thieves would drop by and sell stolen guns, TVs, appliances, jewelry, stereo equipment, clothing, cars and drugs. Green was perfectly cast for the part, and hidden video cameras recorded it all. In the afternoons, he knocked off early and played golf. At night, he frequented restaurants and bars, bragging about his organized-crime connections. Hot Stuff netted 43 indictments, according to press accounts. Green — still in character, perhaps — claims he racked up 267 felony cases as a part of the operation.

It was during this period that Green says he learned how police procedures were commonly circumvented and the court system manipulated. He noticed how prosecutors refused to indict suspects with political connections. He gained firsthand knowledge of how suspects are entrapped. He became a professional at doing just that. He was, foremost, a product of the criminal-justice system, applying the rules he learned in prison on the outside: How to play dumb. How to talk big. How to lie, when necessary. When to keep his mouth shut and when to talk. And how to apply coercion to get results. He recalls breaking into a druggie’s apartment, shoving a gun into his mouth and threatening to cut his testicles off if he didn’t turn snitch. He says he went on to practice his craft in Tampa, Key West and New Orleans.

For years, he could justify this behavior: Fending for himself, using the few leverages at his disposal, to keep the Man at bay by doing his bidding. Working both sides of the street. Using scraps of information to his best advantage. Relying on his good-old-boy charms to cajole and confound. Selling his talents to the highest bidder. He was good at what he did. He knew it. His employers recognized it. They paid cash and didn’t ask questions, so long as he delivered. He did what he was told. He worked for the government.

But at some undefined moment, Green began to question it all. It’s hard for him to say when, exactly. It was like waking up slowly to a nightmare. Green says he used his access to law-enforcement databases to track down the third Mustang used in the plot. He remembers talking to John Talley, the Memphis police detective he says recruited him for Operation Hot Stuff. They met in early January 1974 at the Holiday Inn on Riverside Drive in Memphis. Green expressed misgivings about working with the department. He thought the local cops were corrupt. Green says the detective, now deceased, leaned back in his chair and looked him in the eye. “Jim,” Green says Talley confided, “I’m the officer who was late in 1968. If you can’t trust me, you can’t trust yourself.”

After taking the job and assuming the name Jimmy Genovese, Green periodically visited the U.S. Attorney’s office in Memphis. When he did, he passed by Kay Black, the chain-smoking court reporter for the now-defunct Memphis Press-Scimitar. In September 1975, Green decided to introduce himself. Their off-the-record conversations danced around the subject of his undercover status. He toyed with her at first, feeding her tidbits on Operation Hot Stuff. But then what had started as a casual flirtation, a game of cat-and-mouse between an inquisitive reporter and coy source, turned into a confession. Green said: “What if I told you I was driving the second Mustang the day King was shot?” Realizing the gravity of his admission, he abruptly left her office. Black, who died in 1997,eventually told investigators for the House Select Committee on Assassinations of the encounter. The subcommittee subpoenaed Green in 1978.

He flew to Washington and stayed in a swank hotel at government expense. Green claims that the night before he testified, Paul, another agent and former assistant FBI director Cartha DeLoach arrived unannounced at his hotel room, where they began to coach him in what he should say in his closed-session testimony the next day. (Efforts to reach DeLoach for comment were unsuccessful.) Green says he was told to limit his account to knowledge of a St. Louis-based conspiracy. Paul’s advice both angered and worried Green. The Bootheel bootlegger had been called before Congress to give sworn testimony, and federal agents were urging him not to tell the whole truth — to risk perjuring himself. He went for a walk near the hotel. It was warm, and he remembers a passerby making fun of his white patent-leather shoes. When he came before the committee, he opened up his diary from 10 years before and began reeling off names. At that point, Green says, Paul and DeLoach entered the chamber and seated themselves at the side of the hearing room, and committee chairman Louis Stokes interrupted Green to ask why he needed to rely on notes. Green says he told the chairman that he had a general recollection of past events but needed the diary for specific details. He continued his testimony: “I told them I was laying on top of this building and I saw James [Earl Ray] walking and that he was not in the area when the shots were fired.” Green says Stokes again addressed him in an accusatory manner, and Green exploded: “Look, I don’t even have to be here!” He says he closed his diary and walked out.

Green returned home to Caruthersville, disillusioned. He sought refuge by joining the Kinfolks Ridge Baptist Church, became an evangelist, preached at revival meetings and served briefly as a missionary to Mexico, where he helped build an orphanage. But God’s calling didn’t pay the rent. Out of money, Green used his law-enforcement contacts from his undercover work to secure a job as a deputy sheriff in Lauderdale County, Tenn.When the incumbent sheriff ran for re-election, Green’s prison record became a campaign issue, and he was forced to resign. In 1982, he moved his family to Tampa, where he had previously done undercover work for a federal anti-crime strike force. For three years, he taught in a high-school vocational program, although he never attended college.

A former police officer who coached at the school introduced him to Emilio “Bobby” Rodriguez, owner of a topless bar. Rodriguez hired Green to manage the Tanga Lounge in downtown Tampa. Green worked security, handled the door and made sure other employees didn’t stick their hands in the till. He also used his knowledge and contacts within law enforcement to further his boss’ interests. Over time, Rodriguez gave him new responsibilities and brought him in as a partner in some ventures. In the late ’80s and early ’90s, Green ran LaPleasures in Lakeland, Fla., the Centerfold in St. Petersburg, the Peek-a-Boo in Key West and the Doll House in Jackson, Tenn. Green, who prefers to call topless clubs “go-go bars,” still wears a diamond-studded ring that he says Rodriguez gave him.

“I was living kind of high on the hog, knocking down $5,000 a week tax-free, driving Lincoln Town Cars,” Green says.

Green’s Florida police record shows a 1988 arrest for “keeping a house of ill fame.” He pleaded guilty to the misdemeanor charge the next year and paid a $500 fine. Rodriguez and another partner became involved in a feud. Some of the clubs ended up being torched. To stay out of trouble, Green says, he bailed out of the sex business.


Today, James Green gets by on Social Security disability checks. He weighs between 250 and 300 pounds and has bad knees and a bad heart. He smokes too much and coughs after every few drags he takes off each cigarette. When he comes to Caruthersville, he stays at Pic’s. Other than the gold ring, he displays no accoutrements of wealth. He dresses in sweatshirts and baggy pants. When he comes from Tampa, where he lives in a modest home with wife Linda, he doesn’t fly; he drives his weathered pickup. Green says he’s now developing a subdivision with a partner on land he bought years ago, when he was flush with fast cash. He’s calling the place Green Estates.

But Green tends to speak more about the past than the future. When he does, his memory meanders like the Mississippi River, in whose delta he was born and raised. The river drifts and eddies and changes course, bending back on itself as an oxbow. In his mind, Green inhabits the lowlands, the muddied backwaters of history, where his story has remained hidden among the growing apocrypha surrounding the King assassination. It is only one man’s story, however flawed — not an official version but one told from the viewpoint of a thief. Though Green’s account will never be sanctified as gospel, there are currents within it that run deep, currents that have never been fully explored.

South of Crowley’s Ridge, where the Missouri landscape merges with the South, the cotton fields stretch to the horizon and it seems as if everything is laid out in straight lines and right angles. The swamps have been drained. An outsider can easily misunderstand the true nature of this place. And so it is, too, that Green’s motives can be misconstrued to fit the preconceived notions of people who have never lived in a town laid out on the site of a former plantation.

Green was raised a Baptist, the same religion as King. He came of age in a white racist culture. Over the course of his lifetime, he has experienced dramatic social change. He can do nothing to stop those who are bent on mocking him. He claims only to be seeking redemption for himself and justice for the King family.

“I think the hardest thing for people to understand is the atmosphere you’re raised in,” Green says. “Hell, they’d stuff the ballot boxes. They used to hand out half-pints of whiskey and dollar bills at the polls to the blacks so they’d vote for a certain person. When a person is raised in that atmosphere, you kind of believe everything is right: If the grownups do it, and the politicians are doing it, and the government is doing it — it must be right. I actually believed that. In a way, I thought, working for the government, I was making up for the wrong I did, [but] as you get older, you get wiser. Maybe what you did in your 20s and 30s, that you thought was the right thing to do, becomes something you’re not too proud you done. I guess it’s kind of like a drunk who drinks all his life and then all of a sudden quits drinking and becomes a fanatic against the drinking. “

After hearing a member of the King family plead for justice on television in the early 1990s, Green says he had his epiphany: “I felt the King family had a right to know the truth.”

For Green, at least, the road to Memphis will always run through Caruthersville.

Cover Story

A deep dive into the 1978 House Committee on Assassinations’ conspiracy theory on the murder of the Rev. Martin Luther King Jr.

In 1978, Russell G. Byers was fingered as a suspect in a St. Louis Art Museum heist before becoming a witness before the House Select Committee on Assassination’s probe into the murder of the Rev. Martin Luther King.

BY C.D. STELZER
(first published in the Riverfront Times April 8, 1992)

In 1979, the House Select Committee on Assassinations (HSCA) concluded there was a St. Louis-based conspiracy to murder the Rev. Martin Luther King Jr. Evidence gathered by the HSCA has been sealed until 2027. James Earl Ray, the convicted murderer of King, claims the congressional investigation itself was a cover-up.

Ray pleaded guilty to the crime in 1969, but immediately recanted. There has never been a trial. He is now a prisoner at River Bend Penitentiary in Nashville, Tenn. In the preface to Ray’s book, “Who Killed Martin Luther King,” published in 1992, the Rev. Jesse Jackson demands a special prosecutor be named and the case reopened.

The following story centers on the HSCA’s St. Louis-based conspiracy theory and is comprised of information gleaned from Ray’s book, congressional testimony and newspaper accounts.

At 7:55 a.m. Nov. 8, 1979, produce man John Paul Spica said goodbye to his girlfriend Dina Bachelier for the last time. He walked out of the two family flat at 1115 Claytonia Terrace in Richmond Heights and stepped into his 1977 black Cadillac. When Spica touched the break pedal, he detonated five to eight sticks of dynamite. The explosion blew both of Spica’s legs off. The driver’s door of the vehicle landed 30 yards away.

Moments later, Wellston police officer Nick Sturghill, saw a bearded white male in a yellow pickup truck speeding away. Spica, who had a speech impediment, mumbled a few unintelligible words to Sturghill before he died.

Spica’s violent death a year after his closed-door testimony before the House Select Committee on Assassinations (HSCA) has long been attributed to a war between competing organized crime elements. for the control of a St. But Spica served time in Missouri Penitentiary with James Earl Ray, and was also the brother-in-law of Russell G. Byers, the committee’s star witness, who testified that there was a St. Louis-based conspiracy to kill the civil rights leader. The HSCA final report concluded that Byers’ allegations were credible.

The HSCA findings suggest that Ray, the convicted assassin, did not act alone, but its findings raise more questions than answers. The doubt begin with the HSCA’s chief witness and Spica’s brother-in law. That’s because in 1978 Byers was the suspected mastermind of a St. Louis Art Museum burglary. He was arrested but never charged with the crime.

Sometime after his arrest, the FBI in St. Louis provided HSCA investigators with Byers’ name after a misfiled 1974 report surfaced, which stated that, according to a confidential informant, Byers had boasted of receiving an offer to kill King.

In 1978, Byers told the HSCA that the offer came from two prominent deceased St. Louisans: former stockbroker John R. Kauffmann and patent lawyer John H. Sutherland, who founded “whites rights” groups locally.

Spica, Byers’ brother-in-law, was a convicted murder contractor himself. Spica had served 10 years of a life sentence for negotiating the 1962 killing of John T. Myszak, a North St. Louis County realtor. Upon parole, Spica opened the Corner Produce, a vegetable stand at Shaw and Vandevanter, which may have been an organized crime front. Spica was known to have ties to the late Anthony Giordano, leader of the St. Louis mafia.

Police believe Spica’s slaying, and subsequent car bombings during the early 80s, began as a power struggle within then-mob-dominated Laborers’ Union Local 42. In a 1987 federal trial here, Raymond H. Flynn, the local’s business manager, was implicated in Spica’s bombing and found guilty of multiple racketeering and conspiracy charges.

But Spica had other interesting associations besides his brother-in law and the mafia: While in a Missouri prison, Spica shared the same cell block with James Earl Ray.

In 1978, after being subpoenaed and granted immunity by the HSCA, Byers publicly testified that in late 1966 or early 1967 he was approached by Kauffmann, a retired stockbroker and former aircraft company owner active in St. Louis County Democratic politics. Byers had been a friend of the elder Kauffmann’s late brother Gil, an assistant St. Louis County coroner. According to Byers’ account, Kauffmann introduced him to a neighbor, John H. Sutherland, an avowed racist who made the $50,000 contract offer to kill King.

At this time, Kauffmann lived in Jefferson County and operated the Bluff Acres Motel on Highway 67 in Barnhart. Byers claimed the motel was actually a front for illegal activities and told the committee he used the premises for his stolen car operations. When asked by the committee whether he had informed Spica of the contract offer to kill King, Byers said he had not, but said that his brother-in-law, who was in state prison at the time, may have learned of the offer through other sources. Also in the same prison at the same time, was James Earl Ray, who was serving a sentence for the robbery of a Kroger’s supermarket on Ohio Avenue in South St. Louis. Both he and Spica, for a brief period, worked in the prison hospital together. Newspaper accounts cite rumors that Spica and Ray were dealing drugs inside.

Interestingly, the prison doctor, with the keys to the medicine chest, was Hugh W. Maxey — an old friend of Kauffmann’s. One shady business Kauffmann operated out of his motel was Fixaco, Inc., a pharmaceutical company. Seven people connected with Fixaco, including Kauffmann, were arrested on April 4, 1967 for conspiracy to illegally sell 725,000 amphetamines pills. Among those charged were two New Yorkers: Bernard Chubet, a former stockbroker and Anthony K. Chang, a Chinese Nationalist (Taiwanese) exchange student. Also arrested was Sgt. Henry Geerdes, a Jefferson County deputy. Former Jefferson County Sheriff Walter “Buck” Buerger claimed his deputy was acting as an undercover agent when arrested by the U.S. Bureau of Drug Abuse Control. However, the HSCA testimony of one of Byers’ former lawyers, the late Murray Randall, indicates the Jefferson County sheriff — not a deputy — purchased drugs from Kauffmann.

Within weeks of Kauffmann’s speed bust, Ray, with another inmate’s help, smuggled himself out of prison in a bread box. Inexplicably, charges against one of his earlier failed escape efforts were dropped not long before the breakout, allowing Ray back into the main prison population.

Fred Wilkinson, the Missouri director of corrections at the time, was a former federal prison official with ties to the CIA. In 1962, Wilkinson helped exchange a Russian spy for Gary Powers, the U-2 pilot shot down over the Soviet Union.

Ray wasn’t the only one taking leave of the prison in those days. Maxey, the prison physician, released at least one inmate to work at Kauffmann’s motel as part of a “rehabilitation program.” And in a 1978 interview, Kauffmann’s widow said that in 1966, Spica visited the motel with Byers, while Spica was serving his life sentence. According to prison records, Spica received his first official prison furlough in 1972.

The other St. Louis businessman implicated by Byers, in the alleged assassination plot, was the late John H. Sutherland, a neighbor of Kauffmann’s and a patent attorney who had offices in the Shell Building on Locust Street where The Riverfront Times is now located. The firm of Sutherland Polster and Taylor represented clients such as Monsanto. When he died in 1970, Sutherland left a portfolio of mainly oil and chemical stocks worth more than $300,000, including investments in Rhodesia, now Zimbabwe.

In 1978, another St. Louisan was linked to a local firm — Hydro-Air Engineering, Inc. — which was being investigated for illegal trade with the same white-supremacist nation. The allegations came soon after federal Judge William Webster was confirmed as FBI chief. While the African business may be unrelated, Webster had a closer tie to the case, which is harder to dismiss.

Richard O’Hara, an art restorer, was the FBI informant who purportedly reported Byers’ assassination claims in 1974 to the FBI. O’Hara had been arrested in 1972 for his knowledge of a Maryland Plaza jewel robbery. Two suspects in that case were murdered, another was acquitted here in a federal trial racked with improprieties. Judge Webster presided over the questionable judicial proceedings.

Webster and Sutherland also both belonged to the then-all-white Veiled Prophet society. Sutherland’s membership in the organization was posthumously investigated the HSCA the same year Webster’s VP connection was questioned during his Senate confirmation hearings. The reason the HSCA showed interest in the VP was because of Byers’ testimony that Sutherland represented a “secret Southern society,” with a lot of money. The wealthy Veiled Prophet organization was founded in the post Civil War era by Southern sympathizers.

However, the HSCA gave more credence to the theory that one of three overtly racist political groups may have been involved in the conspiracy. The HSCA theorized that word may have been passed to Ray through his family. In 1968, Ray’s brother, John, operated the Grapevine tavern at 1982 Arsenal Street adjacent to Benton Park. The saloon was the gathering place for American Party workers who had a campaign office nearby. The third-party movement was created to support the George Wallace’s presidential bid. Sutherland was a Wallace supporter. Another possibility mentioned by the HSCA was the St. Louis Metropolitan Area Citizens Council, a “whites’ rights” group. Sutherland had been the group’s first president. But the outfit the HSCA took most seriously was the Nashville-based Southern States Industrial Council to which Sutherland belonged. A position paper published by the council quotes FBI chief J. Edgar Hoover’s belief that the “Negro movement” was being subverted by communists.


Case Not Closed

James Earl Ray’s attorney points his finger at the FBI

Mark Lane and his client James Earl Ray appearing before the House Select Committee on Assassinations in 1978. Lane died in 2016.

first published in The Riverfront Times (St. Louis), April 2, 1997

Mark Lane, former attorney for James Earl Ray, has spent much of his career questioning the official version of events concerning the assassinations of President John F. Kennedy and the Rev. Martin Luther King Jr. He is the author of “Rush to Judgment,”the seminal critique of the Warren Commission., published in 1966. In 1977, he co-wrote, with Dick Gregory ,”Code Name Zorro: The Murder of Martin Luther King Jr.” A revised edition of the latter book was reissued in 1993 under the title ,”Murder in Memphis.”

As founder of the Citizens Commission on Inquiry in the mid 1970s, Lane lobbied Congress to form the House Select Committee on Assassinations (HSCA) . He later, however, became one of the harshest critics of the HSCA’ s findings. Now 70 years old, Lane maintains a private law practice in Washington, D.C. He spoke to The Riverfront Times by telephone about the assassination of the Rev. Martin Luther King Jr. from his office in the nation’s capital.

RFT: Why do you believe the political establishment is so intent upon covering up the evidence in the Martin Luther King murder case?

Lane: Because I think all the evidence points to the FBI. All the black leaders in America have been saying that from the very beginning. Everybody — Ralph Abernathy, Jesse Jackson, Dick Gregory. …

If that is true, why did the FBI want King assassinated?

People can say that the removal of one person doesn’t change history, but the civil rights movement ended with his death. We had riots in cities all around the country, and have never gotten back on track in terms on any serious leadership in that movement. Killing King was very effective in that regard.

We know Hoover hated him. … He hated the idea that King was given the Nobel Prize. Hoover thought he should have gotten one. That was nuts.

We also know Hoover wanted King dead. He sent a tape (recording) to King with the suggestion that he `do the appropriate thing.’ Everybody agreed that what Hoover was saying was, `kill yourself.’ You don’t tell someone to kill himself unless you want him dead. If you have that kind of power, and you want him dead, you might (also) be able to put some wheels in motion.

You represented James Earl before the HSCA in 1978, correct?

I didn’t represent him at the time of the non-trial (in 1969). He was (then) represented by (Arthur) Hanes and then Percy Foreman. But after he was convicted and sentenced to 99 years he then asked me to represent him.
The civil rights movement and black activists wanted a trial, too, because they never believed the story that Ray did it. They believed that it was much more involved. So when Ray heard that I was writing about the assassination, and looking into it, he asked me to represent him. …

I myself was part of the civil rights movement. In fact, as a member of the (New York) state legislature, I was arrested as a Freedom Rider in Jackson, Miss in 1961. I’m the only public official, I think, ever arrested as a Freedom Rider.

Of course, we couldn’t get a trial, although he was entitled to one by Tennessee law. The law says that if you make an application for a new trial and it’s pending and the judge dies or becomes permanently insane, you’re entitled to a trial. That’s what happened in this case. Judge (Preston W.) Battle died, after he got the application from James Earl Ray asking for a trial.

When was that?

Just a couple of days after the plea (in 1969). James wrote a letter (recanting his admission of guilt) at that time.
James was in that cell in Memphis 24-hours a day with lights on him, the room bugged completely the entire time. He was under surveillance for eight months. Finally, when he entered the plea, they put out the lights. He had one night’s sleep, and (then) wrote a letter to Judge Battle saying, `I was coerced into pleading guilty, I’m innocent and I want a trial.’

Battle went away on vacation, came back and dropped dead. That’s when the Tennessee annotated code should have came into play. He was entitled to a trial, but the state court said no in this case. It wasn’t possible because the law has nothing to do with justice when there are big political considerations. We could never get a trial.
Now Ray has asked me again to get information from the (government) under the Freedom of Information Act. His current lawyer Bill Pepper refused to because the King family doesn’t want him to do it.

Why was the HSCA trying to discredit you in 1978?

Because I was representing Ray. It’s kind of ironic since I wrote the legislation that set up the House Committee on Assassinations. I moved to Washington to do that. I got more than a hundred members of Congress to sign the petition to form that committee. I worked closely with Andy Young, then the chairman of the black caucus and his successor Yvonne Burke.

But the pressure was on them. I’ll tell you an example.
Dick Gregory is very well respected by the black leadership in this country. He called me after the Select Committee had been set up, and asked to meet with (U.S. Rep.) Walter Fauntroy at my house. Fauntroy was the delegate from Washington, D.C., and then the chairman of the subcommittee on the King assassination. He had worked with King.

I called Walter and said, `Greg wants to see you tonight at 8, can you come here?’ So they were here in the very same room from which I am in now talking to you. It’s my library on the second floor right across the street from the Supreme Court.

Fauntroy is a minister. … They’re sitting on the coach next to each other and Gregory says, `Let’s pray Walter.’ They both got down on their knees. I was sitting behind my desk watching this moment in history.
Gregory says: `This is the most important man in America — not the most important black man. Give him the courage, the ability to find out who killed Dr. King, and tell the truth to the American people.’ They both said amen and sat back down on the coach.

Walter, the chairman of the investigating committee, looks at Gregory, and says, `We know who did it.’

Gregory says, `Well, good.’

(Fauntroy says,) `We’ve discovered that already.’

Gregory replies, `Well, good. … All you have to do is tell everyone.’
Fauntroy says, `But, Dick, the FBI did it. The FBI is bugging my church, they’re bugging my home, they’re bugging my office. You can’t say what’s on your mind.’

Gregory says, `What do we love about Martin, Walter? He didn’t take private positions and public positions that were different.’

Fauntroy says, `Yeah, and they killed him, and I don’t want to be killed. I’m not going to say it.’

Gregory then looked at me like why did we do all this work to get this committee set up. … So that was the end of the investigation, just as soon as it began.

Didn’t the HSCA fire or dismiss the original head counsel Richard Sprague?

I got Dick Sprague as counsel. They were offering me the job as counsel to investigate the Kennedy assassination. I said, `I don’t think that would be useful because everybody knows my position. … I think you want to start with somebody who is tough and really doesn’t have a set position.’ I suggested Dick Sprague. I didn’t know Sprague, but he had just finished prosecuting Tony Boyle, the head of the United Mine Workers who murdered (dissident union leader) Joseph Yablonski.

So I went down to Philadelphia and spent hours with Sprague, and told him what I thought could be done. … (Then) I went back and I told that to the members of the committee, and they were very excited. … Then I returned to Philadelphia and met with Sprague. We took the train back into Washington, and I introduced him to members of the committee. That day they hired him.

Representatives from the FBI and the CIA (soon) came to see Sprague. They said, `Tell us who you’re thinking about having for your staff, we’ll do background searches. Furthermore, we’ll give you some documents that might help you.’

(Sprague replied:) `You guys are suspects at least in the coverup. You’re not clearing anybody for me. I’m going to back up trucks to your buildings and get all the documents that I want. I’m going to subpoena them. So don’t tell me you’re going to give me some selected documents.’

That started the campaign led by The New York Times and the Washington Post to get rid of Dick Sprague. They finally bounced him out.

The new head counsel Robert Blakey had subpoena power, but never subpoenaed a document. He closed down the investigation.That’s when everything went sour.

The committee decided that it was going to clear everybody. But there were enough members on that committee who had to go back to their districts and try to get re-elected. So while Blakey wanted the position to be that Oswald and Ray did it alone, no one would buy that. Instead, they took the position that there was a conspiracy in each case. But they didn’t know who did it (only that) Oswald and Ray were involved.

They then cleared the FBI and the CIA in a bizarre conclusion in which they said, We don’t know what group did it, but these groups didn’t do it. …

All the HSCA did was eliminate the FBI and CIA as suspects.

The Secret Life of Gunther Russbacher

The convicted felon claims he was a Navy captain, a CIA operative and George Bush’s pilot in the infamous October Surprise Scandal

first published in the Riverfront Times (St. Louis), August 5, 1992

by C.D. Stelzer

JEFFERSON CITY, Mo. — North, south, east and west. The lines in Gunther Karl Russbacher’s brow run in all directions. There appears to be a crease for every one of his 50 years. Deep undulating furrows that register emotional changes across a craggy facial landscape.

I’m trying to catch my breath, I’m not quite with it yet,” says Russbacher, after entering the Control Unit of the Missouri Correctional Facility here. He is carrying a foot-thick binder of court briefs, depositions, memos, diary entries,bills of lading, letters of credit and loading manifests. And while not gasping for air, the heavy paper load makes it easy to believe this man is under stress.

To reach inmate 184306, a visitor must be escorted through three check points and five clanging sets of iron bars. Gunther Karl Russbacher is a prisoner– and not just any ordinary prisoner. But beyond that, no one is sure who he really is. So far, those interested in finding out have included Texas billionaire Ross Perot, the United States Congress and Geraldo Rivera.

In the past, Russbacher has admittedly used aliases such as Emory Joseph Peden,Robert Andrew Walker and Robert Behler. He has also allegedly been known as “The Raven.” The last pseudonym could be classified a nom de guerre, because Russbacher claims to be a Navy captain — and not just any ordinary Navy captain.

Federal authorities arrested him in July 1990 for impersonating a military officer at Castle Air Force Base in Atwater, Calif. The charge led to Russbacher’s probation revocation in St. Charles Co., where he had a 1989 conviction for stealing through deceit. Russbacher pleaded guilty in that case to defrauding clients of the St. Louis-based National Brokerage Companies, which he headed. He received a 21-year sentence. In both of these instances, Russbacher now claims he was carrying out covert duties for the United States government.

By his own account, he is a CIA operative with knowledge of the agency’s involvement in financial fraud, drug trafficking, and illicit arms trading.

Russbacher established National Brokerage and other proprietary companies, including a failed savings and loan in Pennsylvania, at the behest of the CIA, he alleges. He further charges that his military and criminal records — ostensibly altered to infiltrate terrorists and narcotic rings — are now being used against him.

In addition, Russbacher claims his 1990 arrest followed a secret flight to inform Soviet President Mikhail S. Gorbachev of the pending war with Iraq. This would be fantastic enough, but it’s not all. As an aviator attached to the Office of Naval Intelligence, Russbacher says he piloted a BAC-111 aircraft — with George Bush on board — to Paris in 1980. Perhaps more importantly, Russbacher claims to have shuttled Bush back to the United States a few hours later in an SR-71 spy plane — and he professes to have proof.

His knowledge of these events is the real reason he is in prison, Russbacher says. Bush’s French rendezvous purportedly finalized earlier negotiations between the Reagan-Bush campaign and Islamic revolutionaries. Those talks supposedly centered on delaying the release of 52 American hostages then being held by Iran until after the November presidential elections. In exchange for prolonging their captivity, the Iranians were allegedly promised arms and spare parts to supply their burgeoning war with Iraq. According to Russbacher, the Reaganites also forked over $40 million up front to seal the deal.

The move was meant to assure a Republican victory over then-President Jimmy Carter and preempt any “October surprise,” or last-minute administration plan to gain the hostages release.

Russbacher is not the first nor most credible person to make these allegations. Reagan administration member Barbara Honegger published the initial October Surprise book in 1989. In 1990, Gary Sick, a National Security Council member in the Carter administration, renewed interest in the subject through a New York Times op-ed article. Sick followed it up last year with a volume of his own.

Although there seems to be substance to these claims, there is uncertainty as to Bush’s presence at the Paris meetings. Citing Secret Service logs and interviews, the House October Surprise Task Force, a congressional inquiry now under way, dismissed the possibility of president’s participation in an interim report issued June 30. In February, a lengthy analysis by writer Frank Snepp of the Village Voice similarly refuted the premise.

Another writer delving into related scandals didn’t get a chance to jump to any conclusions. Journalist Danny Casolaro was found dead in a Martinsburg, W. Va. motel room last August. The local coroner ruled it a suicide. But Casolaro’s investigation into the BCCI banking debacle and Inslaw computer software case has left doubt as to the actual cause of his death. Within this context, and given his alleged association with such shadowy figures as arms merchant Richard Brenneke and self-proclaimed CIA contract agent Michael Riconosciuto, Russbacher’s incredible story teeters on the verge of plausibility.

Inside the Control Unit of the Missouri Correctional Facility at Jefferson City,the air conditioning isn’t working in one of the two visiting rooms. The four by four closet-sized space is furnished with two metal folding chairs and divided in the middle by a narrow counter top. Windows and a concave mirror allow prison guards to keep watch. The cubbyhole is thick with humidity as Russbacher, dressed in a sky blue sweat suit, begins to divulge the trump that he believes will set him free, and, ultimately, lead to either President Bush’s impeachment or resignation.

“It’s actually quite a simple thing,” says Russbacher. “Every (SR) 71 flight– be it a training session or actual mission — is documented through a voice cockpit and video cockpit recorder,” he explains. According to Russbacher, the plane’s recording devices “document each and every facial expression, every movement of your hands and every turn of the instruments.” After the video is transmitted in six-second bites to one of three satellites positioned at “keyhole 11, 12 or 13” a signature is superimposed at the bottom of the screen, which includes: the exact time, aircraft of origin and its location.

“It’s beamed back down to the NSA (National Security Agency) station at Fort Meade,Md. There is no way to tamper with it. If you try to make a secondary copy from the original, bar codes jump up,” says Russbacher.”

This tape is in our possession,” he adds. Once the tape is turned over to congressional investigators and authenticated, he has been promised a release from prison and immunity from prosecution, Russbacher claims. His supporters, those who purloined the recording, form a cadre of disgruntled covert operatives, according to Russbacher. The way he explains it, there is a war going on within the intelligence community that involves three groups. “Faction one is the pro-Bush or the loyal faction within the agency,” says Russbacher. “Faction two (is) comprised mainly out of ONI (Office of Naval Intelligence) handlers.” These are the good guys, according to Russbacher. “Faction two is loyal, basically, to the Constitution and to the concept of military law and order.” Russbacher indicates the third bunch is in league with the second. “They’re called rouge elephants.They’re stationed overseas, they’re stringers, they’re cutouts, they’re low-level agents.” Be it an act or the bonafide portrayal, Russbacher’s stance hasn’t gone unreviewed.

Back in February — days after announcing an interest in the presidency — Ross Perot sent his top lawyer, David Bryant, and two pilots to interview the Missouri inmate. Perot also contacted Rep. Richard A. Gephardt in regard to Russbacher’s treatment at the Fulton Correctional Facility. Gephardt’s office in turn requested Missouri House Speaker Bob Griffin inquire about Russbacher’s condition. Griffin then spoke to George Lombardi, a state prison official. This flurry of concern came after Perot’s delegation was refused the right to interview Russbacher. At the time, Russbacher, who claims a heart condition, was being cloistered at the University Hospital in Columbia, Mo. News accounts have implied Russbacher feigned illness to dodge the investigators. Russbacher denies this, but says he still can’t state what transpired out of fear for himself and his family.

When The RFT asked why he had been admitted, a hospital spokeswoman said the information was confidential. Since being moved to Jefferson City, Russbacher has been placed in protective custody. Because of the delay, Bryant and both pilots departed before speaking to Russbacher. To determine his familiarity with the SR-71, the remaining investigator, Bob Peck, asked a specific question about TEB, a jet fuel additive, according to Russbacher. The question came despite agreeing in advance not to discuss the aircraft, he says. With a prison official monitoring the interview, the self-professed spy plane pilot either couldn’t answer the questioner was unwilling to do so under the circumstances.

Russbacher’s reticence became one more reason for the press to label him a charlatan. Russbacher has no compunction about discussing the SR-71 now, however. “You know what TEB stands for?” he asks. “That’s for tetra ethyl-borane, which is like the stuff you squirt into a car on a cold morning.”

Such details and jargon add credibility to Russbacher’s story. There is also the stubble of beard that contrasts with his bald pate, and a subtle comportment that projects a military air. The combination seems almost enough to transform “Capt.”Russbacher’s prison garb into a flight suit. More startling is his missing fingernails, the result, Russbacher claims, of having been tortured by the enemy after he crashed over Laos during the Vietnam War. Eyeglasses offer the finishing touch to his persona.

If this were a movie, Robert Duvall would be cast in the role. Indeed, Russbacher’s alleged exploits have already piqued an interest within the entertainment industry.He is quick to cite Gorby Leon, of Coumbia Picture’s story department, as one of his contacts. He also granted Geraldo Rivera’s “Now it Can be Told” a five-and-a-half hour interview recently. The segment never ran, and since then the TV show has been cancelled. True to character, Russbacher attributes its demise to forces more nefarious than low ratings. Likewise, members of the House October Surprise Task Force aren’t tuning in the “Gunther Russbacher Show,” or so they would have it seem. Richard Lewis, a spokesman for the task force in Washington, D.C., cannot comment on specifics, but says all individuals who claim participation or knowledge of events surrounding the October Surprise are being interviewed.

However, as mentioned earlier, the task force has already refuted Russbacher’s allegation that Bush attended the 1980 Paris meetings. To explain this premature judgment, Lewis notes that task force chairman, Rep. Lee Hamilton (D-Ind.), “is intent upon not having this seen as a partisan investigation.” Russbacher sees just that. “Hamilton entertained thoughts that he would become Mr. Clinton’s running mate.

You will find that Mr. Hamilton will be more at ease now with the situation, … and I think you will see a retraction quite soon,” he says. “Lee Hamilton doesn’t play little games like that,” responds Lewis. The spokesman concedes Hamilton was”very wary” of accusations against Bush from the beginning. The committee chairman wanted to “show good faith” and give the perception of professionalism by refuting the allegations as soon as possible, Lewis says.

Presidents always seem to garner “good faith” from the pols and the press. Russbacher hasn’t been nearly as fortunate. Mainstream media, if they refer to him at all, they often don’t mention his name. The best reporting on the subject has been by small independent newspapers like the Jefferson City News Tribune and the Napa(Calif.) Sentinel. The St. Louis Post Dispatch, by contrast, calls Russbacher “the great pretender,” but seems more fawning to Bush administration officials. In reporting a visit by U.S. ambassador Donald Gregg on June 8, the newspaper failed to mention that the former CIA official has been implicated in the October Surprise. And only in the photo caption is there word that Gregg conferred with Missouri Gov. John Ashcroft before speaking to the World Affairs Council. Interestingly, this was the first time Ashcroft attended such a seminar, according to a council spokeswoman.

In St. Charles, assistant prosecutor Phillip W. Groenweghe appears no more eager to talk about the Russbacher case. Repeated calls to his office went unreturned last week. Robert Fleming, a court-appointed public defender, provided the following background on his client. Russbacher acquired a record for passing bad checks in the Army as a teenager. Then in the 70s, he was placed on probation after being convicted on federal charges in Louisiana of carrying bearer bonds, while dressed in a Army major’s uniform. Before now, Russbacher “doesn’t seem to have served anytime in any penitentiary,” says Fleming. This dovetails with his contention that he has been “sheepdipped,” Fleming says. The espionage term describes a spy whose identity has been changed.

Fleming is challenging Russbacher’s conviction on grounds that the statute of limitations had expired and that his client previously received inadequate legal counsel. National Brokerage Companies, the alleged CIA proprietary, was registered with the state in January 1986. The names connected to the company are Emory Joseph Peden, Russbacher’s alias, and Peggy Russbacher, his former wife. A Florissant firm now using the title appears to be unrelated, Fleming says. Russbacher and his wife also incorporated other companies, according to Fleming, but investigators have been unable to find records of any National Brokerage spin-offs, which Russbacher asserts were part of the CIA operation. Russbacher says he ran the CIA proprietary at 7711 Bonhomme in Clayton and shared an office with the Connecticut Mutual Insurance Company.

There may even be a more secretive organization behind Russbacher’s activities. As the interview concludes, he shows off a the wide gold band he wears on one finger. There are enigmatic symbols inscribed on the ring. “The pyramid is also the symbol for delta,” Russbacher cryptically explains. Other symbols, shaped like asterisks, represent the eight points of the earth, he says. “I’m just telling you very few people wear this ring. My wife has one, I have one. All other married couples wear them. They’re handmade. It signifies the ability to strike as a unit for the sake of humanity,” says Russbacher.

“It’s a very long story.”

Overreaching Reason

In the wake of James Earl Ray’s death, the media has unleashed a barrage of attacks on the family of the late Martin Luther King Jr.

Susan Wadsworth, attorney Mark Lane and HSCA informant Oliver Patterson at a St. Louis press conference held Aug. 8, 1978. (photo by Karen Elshout of the St. Louis Post-Dispatch.)

published in the Riverfront Times (St. Louis) April 29, 1998

BY C.D. STELZER

With the death of James Earl Ray last week, mainstream news organizations have intimated that the convicted assassin of the Rev. Martin Luther King Jr. somehow took all knowledge of the crime with him to the grave; that nothing further can be learned. At the same time, the white-liberal establishment and certain well-encroached members of the civil rights community have openly condemned the call for a new investigation, arguing against the efficacy of such an endeavor, and casting aspersions on the King family for making such a suggestion.

Meanwhile, the press has been less critical of the opportunistic release of a new book on the subject, which went on sale on April 4, the 30th anniversary of the assassination. In Killing the Dream, best-selling author Gerald Posner presents a hackneyed indictment of Ray based primarily on previously published accounts. Despite its prodigious annotations, the work contains factual mistakes that are surpassed only by errors of omission.

Clearly, rhetoric has overreached reason, and in the ensuing lurch to debunk “conspiracy theories”critical thinking has been sacrificed. In an editorial in the St. Louis Post-Dispatch last Friday, the newspaper rabidly attacked the King family for accepting a “crank theory that Dr. King’s death was ordered by Lyndon Baines Johnson. …” There was no further explanation given. But the disturbing message sounds similar to FBI propaganda, which was leaked into the editorial pages of the now defunct St. Louis Globe-Democrat in the weeks preceding King’s assassination in 1968. Ironically, the Post’s official position, which describes Ray as a “two-bit punk,” is juxtaposed next to the newspaper’s much vaunted platform, a platform that professes to hold to strict intolerance for injustice.

More alarming is the Post-Dispatch editorial’s casual acceptance of the House Select Committee on Assassinations (HSCA) findings from 1978. In the only official investigation of the assassination, the HSCA concluded that two St. Louis businessmen placed a $50,000 bounty on King’s life. The HSCA speculated that Ray may have heard of this offer either through one of his brothers or through fellow prisoners at the Missouri penitentiary, where he was incarcerated prior to his escape in 1967. Both of the St. Louisans implicated in the offer were dead by 1978 and could not be called as witnesses before the HSCA.

The other problem with this conspiracy theory is that it is promulgated solely on the testimony of a convicted felon, Russell G. Byers, who was compelled to appear before the congressional committee, after becoming a suspect in one of two notorious St. Louis Art Museum burglaries in early 1978. Byers was never charged with the crime, but two other suspects in the case were later found murdered. Byers’ brother-in-law — John Paul Spica — who testified to the HSCA in closed session, died in a car bombing in 1979. Although an informant notified the FBI that Byers’ had boasted in 1973 of receiving an earlier offer to kill King, the FBI never looked into the matter, and the report was allegedly misplaced until the HSCA requested all files pertaining to the assassination. Only then did it resurface. When it did, Byers’ former lawyer, Murray Randall, who by then had become a Missouri circuit court judge, pleaded with the committee not to subpoena him, asserting that unnamed St. Louis underworld figures would retaliate against him. His appeal was not granted. In his subsequent testimony Randall said he found the entire St. Louis-based conspiracy theory incredible. His opinion was echoed by then-FBI director William Webster, who called Byers’ testimony”hearsay three-times removed.” Webster had been a federal judge in St. Louis before becoming FBI director in 1978.

There is another reason to doubt the veracity of the congressional findings, however. In a press conference held in St. Louis in August 1978, the late Oliver Patterson, an informant for the HSCA, admitted that his duties included theft, making false statements to Congress and wire tapping. Patterson, who had previously worked as an FBI informant, also confessed that he had planned, with congressional investigator Conrad “Pete” Baetz,” to leak a story to the New York Times that would have branded James Earl Ray’s attorney, Mark Lane, a homosexual. This was reported on the front page of the Post-Dispatch in 1978, but it appears the newspaper is now suffering from institutional amnesia or senile dementia.

David Patterson, the 25-year-old son of the of the late HSCA informant, is only now beginning to understand what transpired, when he was six years old. He would like to know more. “Why was there underhanded and illegal stuff going on? he asks.”Why did it need to go on? Why was my father being manipulated and why did he feel like he had to come out and reveal this stuff?” These are questions that the King family would like to know as well.

After reading about his father’s covert activities in the Riverfront Times last year, David Patterson realized the significance of the many cassette recordings that are now in his possession. The tape recordings, include phone conversations between his father and Baetz, the congressional investigator.

On one of the tapes, the two discuss how to coordinate the press conference at which the reputation of James Earl Ray’s attorney was to be smeared. Baetz had called to tells Patterson to delay the announcement because of the sudden death of the Pope. In another conversation, Oliver Patterson inquires about the appropriate attire to wear when meeting a New York Times reporter. “Should I wear my mafia outfit or my sports coat,” he asks.

Some of the conversations are much less humorous. In a briefing with assassination researcher Harold Weisberg, Oliver Patterson recalls altering an FBI report on Jerry Ray, the youngest brother of James Earl Ray.

“On page three of an FBI report I wrote dated May 16, 1971, I quote Jerry Ray as saying, `my brother pulled the trigger. …’ The report was originally written differently with other quotes exactly contradicting that one statement,” says Oliver Patterson. “After the report was reviewed by FBI special agent Stanley Jacobson, the page was retyped at his directive deleting all the contradictions to that one remark. That statement out of context distorts the meaning completely out of proportion and gives a totally, completely different intent to what was originally written.”

In another taped phone conversation Patterson inexplicably called the office of U.S. Sen. Orrin Hatch, then the junior senator from Utah. Patterson’s undercover work was under the auspices of the House committee not the Senate.

In the book Orders to Kill , William F. Pepper, Ray’s last lawyer, claimed a Green Beret sniper team was in place in Memphis at the time of the assassination. That claim has been refuted by ABC News. But the allegation of the Army’s intrusion into domestic affairs has never been denied.

The Army is known to have been spying on King since 1947, and, indeed, members of the 111th Military Intelligence Group (MIG) were closely shadowing his movements in Memphis, according to a 1993 story by investigative reporter Stephen G. Tompkins, formerly of the Memphis Commercial Appeal. The Army also used civilian, police and FBI sources for additional intelligence support during King’s visit to Memphis. After the shot killed King, Marrell McCollough, a Memphis police undercover agent, reached him first. McCollough had been relaying King’s movements to the police who in turn forwarded the information to the FBI and other intelligence agencies, which would have likely included the 111th MIG. McCollough now works for the CIA, and has refused to be interviewed on the subject even by Posner.

Last year, a ballistics test on the rifle found at the crime scene in Memphis failed to confirm whether it was the weapon used in the murder. In March, the black judge who had allowed the rifle test was removed from the case by the state of Tennessee because his decisions were deemed biased towards Ray’s defense.

The King family has long expressed a belief that Ray was innocent of the crime. In recent years, they led the efforts to gain the convicted assassin a new trial. Ray himself recanted his confession almost immediately after his 1969 conviction, arguing he had been coerced into confessing and had received inadequate legal counsel. He spent the remainder of his life in prison unsuccessfully seeking a trial.

Earlier this month, Corretta King, the widow of the slain civil rights leader, met with Attorney General Janet Reno, asking that the U.S. Department of Justice reopen the investigation into the assassination of her late husband. It is by any measure a reasonable request. If the Clinton administration is serious about improving race relations, this is where the reconciliation should begin.

The Casino Beat

More than 20 years ago the RFT dragged its feet reporting on the Michael Lazaroff scandal. Some people prefer to forget about it.

Mobbed Up: On Oct. 14, 1992, St. Louis Post-Dispatch reporter Phil Linsalata revealed that Station Casino founder Frank J. Fertitta Jr. helped skim millions from Vegas casinos for the Kansas City Mafia. When a scandal later broke over the casino company’s illegal activities in Missouri in 1999 and 2000, the Riverfront Times failed to report on Fertitta’s ties to organized crime. Then-RFT managing editor Roland Klose is now an editor at the Post-Dispatch. The following story appeared on the Media Mayhem blog, Feb. 8, 2004. C.D. Stelzer is a former RFT staff writer.

If I had all this juicy information on Station Casino’s founder Frank J. Fertitta Jr. why didn’t I write the story? Why pass such rich material to a fellow reporter? Was I altruistic or just lazy? Well, it’s kind of a long story.
At a Riverfront Times staff meeting in late 1999, reporters were asked to submit issues that they were interested in covering. Among those I chose was the casino beat.
I had a good source — anti-casino lobbyist Steve Taylor. When I was still freelancing for the RFT in the  early 1990s, Taylor had provided me with accurate information. During this time, he was an environmental activist opposed to the Times Beach dioxin incinerator. I wrote a few dozen stories on the Times Beach Superfund Cleanup. One caught the DNR, EPA and their contractors cooking the books on the stack emission tests. Exposing this fraud won me top honors for investigative reporting in 1997 from the Missouri Press Association. Taylor leaked me reams of data that pointed to the corrupt practices. I knew I could trust him from experience. In his new job for an outfit called Casino Watch, he was down in Jefferson City during the legislative sessions, keeping tabs on the then nascent gambling industry. This meant he could relay developments in a timely manner.

But hard-hitting, timely casino coverage didn’t appear to be exactly what the RFT was looking for under the New Times ownership. After all, Station Casino, the gambling company that was ultimately kicked out the state and fined $1 million, ran full-page ads in the RFT every week. But at the time, I was still naïve enough to believe advertisers didn’t hold sway over editorial judgments.

A week after we submitted our choices for beat coverage, editor Safir Ahmed announced the selections that he and managing editor Roland Klose had made. I didnt’ get the casino beat. Bruce Rushton got it. (When I later wrote about the proposed Lemay casino, I pitched that idea to my editors as a St. Louis County

Roland Klose, former RFT managing editor.

development issue.)

As a result, when I got a tip in December 1999 from attorney Joe Jacobson that Michael Lazaroff, Station’s lobbyist/lawyer, was about to be busted for illegally meeting with Volvo dealer and state gaming board chairman James Wolfson, I handed it over to my editors. Within days of receiving the tip from Jacobson, Lazaroff attempted suicide. Lazaroff was then a law partner at Thompson Coburn. His office was next to former U.S. Sen. Thomas Eagleton’s.]

This was a huge story and we had a jump on the Post-Dispatch. Being a good soldier and following the chain of command, I alerted my superiors, who assigned Rushton to cover the story.  But I was still curious about the case. So I did some digging on my own. I soon discovered (and it wasn’t very difficult) that Station’s founder had past ties with the Mafia, Because of his mob ties he had been forced to put Station’s Missouri gaming license in his son’s name. Suddenly, a huge story grew much, much larger. Dutifully, I also handed over this information to Rushton, Ahmed and Klose.

What happened? Nothing.

Former RFT staffer Bruce Rushton.

The biggest story I ever uncovered in my career and these three sat on it for a full 11 months. When Rushton’s cover story finally did see the light of day on Nov. 1, 2000, it didn’t even mention Frank J. Fertitta Jr. It barely mentioned his son. Of course, there was no reference to organized crime. Leaving out Fertitta was like writing a story about the Anheuser-Busch brewery and leaving out the name of August Busch III. Even if Feritta’s ties to the Mafia weren’t deemed important, Rushton could have still dropped a short paragraph or a sentence into the body of the story. He didn’t. His story was over 5,000 words long. So the omission wasn’t because he didn’t have enough space. And the omission wasn’t because he was ignorant. So how many reasons for this “oversight” are left other than those two?

Believe it or not, an earlier story by Rushton on Lazaroff didn’t even bother to mention Station Casino at all. Instead, it focused exclusively on illegal campaign contributions made by Lazaroff and his law partners. This story ran on July 12, 2000. Let me make this clear: Rushton — the casino beat reporter — wrote about a crooked casino lobbyist’s illegal activities but failed to even mention anything about Lazaroff’s largest client — Station Casino. By this point, Rushton already had been sitting on the story for eight months.

But it gets worse. After he wrote the less than definitive Lazaroff/Station’s story in the summer of 2000, the RFT sent him to Atlanta to cover a stock car race, as a part of a fluffy sports profile on some amateur driver.

Tipster Joe Jacobson.

I had been connected to the paper for a decade by this point and I never saw anything like that before. The RFT covers local issues mainly and only does limited sports coverage. It was unprecedented to send a reporter half way across the country to cover a minor sporting event. Unlike the Lazaroff/Station’s story, Rushton cranked out the race car story in a couple weeks. (Quantity not quality counts most at the RFT. Bruce had to keep up with his quota.) Then he went on vacation in August for two weeks just as the Lazaroff hearings were set to start.

His cover story wouldn’t run until November.

I remember the day he finally wrapped up the Lazaroff cover story. His spirits were buoyed. It was like a weight had been lifted off his shoulders. I saw him walking down the hall past my office. He was heading for the fire escape for a smoke break, as was his usual custom. But this time he hadn’t waited until he got outside to light up, and Bruce wasn’t smoking tobacco that day.

He bogarted the joint.

After prosecuting the mob trial in Kansas City for the Justice Department, David Helfrey moved across the state and set up shop as a white-collar criminal defense attorney.

Who’s Hiding What?

Don’t get distracted by the shell game, folks. Nobody hid the fact that Station Casino founder Frank J. Fertitta Jr. was an associate of organized crime from Riverfront Times reporter Bruce Rushton. The information was packaged neatly and placed in his hands — by me. I gave the same information to editor Safir Ahmed and managing editor Roland Klose, too.

But in the opus that Rushton wrote about attorney and gambling lobbyist Michael Lazaroff in the late fall of 2000, Rushton failed, for unknown reasons, to mention anything about Fertitta’s sordid past.

Flipper: Federal prosecutor-turned criminal-defense attorney David B.B. Helfrey.

He could have asked David Helfrey, Station’s outside counsel, about Fertitta, of course, because Rushton interviewed him. But apparently he chose not to ask any tough questions of Helfrey, who prior to becoming a criminal defense attorney, was a federal prosecutor in Kansas City. In that capacity, Helfrey was in a position to know about Fertitta’s organized crime background because FBI wiretap transcripts allude to Fertitta being involved in the Las Vegas skimming operation carried out by Carl Thomas, a casino executive who was recorded having conversations with Kansas City Mafia bosses Nick and Carl Civella among others in 1979. During the conversations, Thomas mentions Fertitta repeatedly as being a part of his crew, a crew that bilked the casinos out of millions and deposited the money into the hands of the Mafia families in Kansas City, Milwaukee, Cleveland and Chicago. The case became the basis for Nicholas Pileggi’s 1995 non-fiction bestseller Casino: Love and Honor in Las Vegas, which director Martin Scorcese made into a blockbuster movie, starring Robert DeNiro, Sharon Stone and Joe Pesci.

Fertitta’s tainted background is the reason that he chose to put Station’s Missouri license in his son’s name — Frank J. Fertitta III. Rushton knew this because I gave him a copy of a story by former St. Louis Post-Dispatch reporter Phil Linsalata from 1992, when Station’s was applying for the state license for the St. Charles casino. [In the 1992 story, Linsalata duly reported Fertitta Jr.’s Mafia ties.

Michael Lazaroff

Rushton also knew that Michael Lazaroff feared for his life and was given state police protection during and after the Missouri Gaming Commission hearings that were held in Jefferson City in the summer of 2000. He knew this because he was told as much by Steve Taylor, an anti-casino lobbyist who attended the hearings. I later confirmed Taylor’s recollection through Missouri Assistant Attorney Mike Bradley.

Why would Lazaroff be in fear of his life? Because another witness had died when asked to testify by the gaming board. Carl Thomas — the person who had direct knowledge of Fertitta’s organized crime connections — had been asked in 1993 to provide background information on his former employee to the Missouri Gaming Commission. Thomas traveled to Las Vegas from his home in Oregon to confer with Station’s executives in Las Vegas about the upcoming testimony. But he never made it to Missouri to testify. After his Vegas visit, Thomas returned to Oregon and died in a one-car accident.

Lazaroff’s own testimony refers to “Carl Thomas”, and the “Fremont” casino and “Argent” corporation, all of which were part of the Kansas City Mafia’s skim operation in Las Vegas in the 1970s. Rushton had a transcript of the Missouri Gaming Commission hearings in which Lazaroff made these references. He could have quoted directly from Lazaroff’s testimony. Instead, he chose to portray him as a clown.

At the hearings, retired FBI agent and former Gaming Commissioner William Quinn testified that he had

Frank J. Fertitta Jr., who died in 2006, skimmed casino cash for the Civella crime family of Kansas City.

talked to Helfrey, Station’s lawyer, on three occasions. Quinn already knew Helfrey because they had worked on the Operation Strawman cases together. Strawman was the FBI operation that resulted in the conviction of 19 Mafia members in the Midwest, including the Civella brothers of Kansas City, for skimming from the Hacienda, Fremont, Stardust and Tropicana casinos in Las Vegas.

The transcript of the Gaming Commission hearings, show that Quinn testified that on one occasion Helfrey asked him over the phone to meet with him and a Station’s representative. Quinn’s testimony shows that Helfrey had been retained after the Lazaroff scandal broke. In other words, Helfrey was already representing Station in a legal capacity. In short, Helfrey’s and Lazaroff’s legal services to Station Casino overlapped. They were both working for the same company at the same time. Moreover, if Helfrey and a Station’s representative had met with Quinn, it would have been comparable to Lazaroff’s violations in meeting with Gaming Commission chairman Wolfson. Such a meeting would have been in violation of the Commission’s “ex parte” rule, which was set up in 1994 to make sure that state gaming commissioners did not fall under the influence of the casinos that they were supposed to be regulating.
Quinn said he was concerned about his former colleague’s s suggestion and he refused to meet with Helfrey and the Station’s representative. Again, Rushton had the transcript of Quinn’s testimony. But instead of citing Quinn, he relied heavily on Helfey’s version of events in telling the story.

Nobody hid this information from Bruce Rushton. But he did manage to hide it from the public.

Timothy Leary’s Dead.

Left: Timothy Leary in the custody of Bureau of Narcotics and Dangerous Drugs agents in 1972. Right: Leary’s 1970 California mugshot. (photos courtesy of the Berkeley Historical Society.)

A 1992 interview with the LSD guru, first published in the Riverfront Times.

by C.D. Stelzer

After your dismissal from Harvard in 1963, both a local television station and Washington University here in St. Louis canceled programs that were to have featured you and colleague Richard Alpert. Which do you believe the establishment feared more at that time, your actual experimentation with LSD or the ideas you espoused?

Timothy Leary: The basic theme I’ve ever done in public is to encourage and empower individuals — think for yourself and question authority. I’m a dissident philosopher based on the Socratic method. My trade union has been practicing this dangerous and risky profession for several thousand years. We have to have every establishment angry. If I’m not in trouble with the establishment, then I’m in trouble with my union card as a socratic philosopher.

It’s not the drugs they were concerned about. It’s much more subversive telling people `just say know — K-N-O-W — just think for yourself.’

When you think that the establishment was angry and upset back then about gentle little vegetables like marijuana and LSD and mushrooms, look what they’ve got now — tons of cocaine on every street corner and every city in the United States.

It was not just the drugs. Deeper than that, it was our defense of humanism as opposed to religion and government. Individualism, dissidents, we were against the war. Stand up for yourself that was the message, it’s always been controversial with Big Brother.

In 1969, you stated that drug dealing was “the noblest of all human professions.” With that in mind, and in light of government and corporate opposition over the last decade, what is your attitude toward drug use today?

That was pulled out of context. What I was saying was throughout history, the chalice, which holds the sacraments, which illuminate and enlighten and allow people to face their own inner divinity. Dealing dope should be the most sacred, precious and conscientious profession. … In that particular interview I was denouncing the drug dealers that were doing it for profit or that were dealing drugs in a dishonest way.

What do you believe is the greatest achievement of the psychedelic revolution that you pioneered? Do you have any reservations about your involvement in disseminating LSD to the American culture?

Put it into historical context. The use of sacramental vegetables has gone back, back, back in history to shamans and the Hindu religion and Buddhist religion. They were using Soma. It’s an ancient human ritual that has usually been practiced in the context of religion or of worship or of tribal coming together.

I didn’t pioneer anything. The use of psychedelics for spiritual purposes was started in the 50s by Allen Ginsberg and William Burroughs.

What we did in the 60s, we just surfed a wave. In the 1960s, there was this sudden, new, enormous generation of young Americans brought up on television. Their parents had been told by Dr. Spock, `treat your children as individuals and let them become themselves.’ When they hit college, here was this new movement.

The pioneering, the real work in spreading the word about psychedelic vegetables, (was done by) the rock n’ rollers. Electronic amplification messages going around the world at the speed of light. Bob Dylan and John Lennon and the Beatles and the Rolling Stones. They spread the word around.

I’m not a leader, I’m a cheerleader, urging people to be careful and think for yourself.

You’ve met or tripped with Aldous Huxley, Allen Ginsberg, Ken Kesey and Jack Keroac among others. Who was the highest individual you have ever encountered?

I’m not talking about that, you can’t count …

You can’t put it on a scale.

Y
eah, everyone of those people are a human being and they had their flaws. They were dedicated humanists that’s the key thing. Divinity is found not in the churches or the palaces of the powerful, divinity is found inside. That’s the oldest message, and we all agreed on that, and we expressed it and sang it and chanted it in many different dialects.

Do you still experiment with drugs now?

I don’t experiment. Yes, I use any vegetable or chemical that I feel is necessary at the time to further my life plan. Anytime I want to turn on my right brain, I use chemicals to do that. But I do it carefully, I do it cautiously. I know what I’m doing.

I’ve have been told that your appearance in St. Louis will include a hyper-video display. Could you describe what hyper-video is and how it differs from past multi-media productions?

I don’t know what you mean by past. Yes, it’s true that in the 60s we went down to Broadway and put on what we called the `Psychedelic Salvation.’ We had 19 or 20 slide projectors, overloaded sound — to produce a trance state, to produce a right brain experience, where you’re open and vulnerable to learning new stuff.

Now we have a computer-generated stuff, an enormous empowerment of individuals, who have access now to computer programs CD-Rom programs and special effects. I can’t do a real immersive trance state because its a bright room. But I will have videos to show how it works, and I’m going to try to get the lights to go on and off a little bit so we get some little flavor, to get a group of people who are sharing the same visionary or trance situation.

How is the youth movement of today different from the 1960s?

A lot has happened since the 1960s. In 1980, the American government was taken over by a military police-state or coup. In the last 12 years, you’ve seen an erosion of personal rights, personal freedom, and more power to the police and the military. … The main thing that the Reagan-Bush administration does is they send guns all around the world and they ship out all of our jobs.

So the kids that have grown up today have grown up in a very different world than the 60s, when there was a tremendous feeling of innocence. … And the different races were encouraged to express themselves, and women’s liberation. It was a glorious moment of renaissance, but it was cracked, which often does happen, in 1980.

So the kids today, to answer your question, have to deal with a much more grim economic situation, a grim lifestyle situation. Young women of today are afraid today that they could be arrested if they control their own reproductive rights. The abortion police, these right-wing Republicans, sticking their noses into women’s reproductive organs. Urinating in a bottle.

Kids growing up today are harassed and their is a sense of violence and conflict. So therefore, kids today are much tougher.

There is a youth movement developing now somewhat connected to raves, where young people get together to have celebratory dances. It’s different, and I have a great deal of sympathy and admiration for young people growing up today.

In a recent interview, you said one of the greatest pranks you enjoyed was escaping from prison in 1970. You were convicted of marijuana possession, but why were you really in jail? Was your imprisonment analogous to society at large; are we all prisoners and guards in one big prison yard as Dylan says?

Well, that’s a very philosophic statement. You’re only in prison, if your mind tells you are. When I was in prison, behind bars, I was freer than most people who came to visit me.

Richard Nixon called me `the most dangerous man alive.’ That’s not because I was found in a car where someone else had five dollars worth of marijuana. (It’s) probably because I was the most eloquent and most influential voice encouraging young people to think for yourself and question authority, and don’t follow leaders and watch your parking meters.

It was my ideas that were very dangerous. I found myself in 1970 facing between 20 and 30 years imprisonment for less than $10 of marijuana (found) in cars that were not my own.

I did four-and-a-half years in prison for less than $10 worth of marijuana at the same time cocaine gangsters from Peru were doing four or five years for a ton of cocaine. Everyone I think would agree that I was in prison for my ideas, and that’s why I escaped from there.

Are computer hackers of the 1990s akin to the 60s outlaw drug dealers?

The thing about the computer situation is it changes so quickly. The concept of hacker — the programmer who spends all night eating bad food and drinking Pepsi-Cola and getting pimples and cracking codes — that’s kind of over now. They were wonderful heroes.
There is a strong growing counterculture in the computer culture, people who don’t think that computers and electronic devices should be used just for Big Brother, the CIA and American Airlines, but to use these wonderful electronic powers to enrich yourself as an individual and to help you communicate.

The hot thing that is going on in electronic computer culture today is networking, communicating with one another on electronic bulletin boards. That’s where the notion `cyberpunk’ came as invented by William Gibson in the book Nueromancer.

The cyberpunk is someone who is very skillful and understands how to use technology, and can mix film, and edit their own audio-visual stuff, do your own MTV at home on your Macintosh, or do it in school on your McIntosh. Cyberpunks are these individuals who use this intelligence not to make a lot of money for a big corporation, but to enrich human life and enrich human communication.

Instead of just talking on bulletin boards or typing in letters, within two or three years, we’ll be sending incredible multi-media graphics. So instead of just talking, within two or three years, I’ll be able to send you an MTV-type audio-visual stuff with some words.

Almost 20 years ago you foresaw that “language thought and custom were becoming electrically energized” through technology. At the time, you predicted “science … cannot be controlled by a national leader or restrained by national boundaries. You stated that: “Those born into the electronic culture will soon learn how to govern themselves according to the laws of energy. Do you believe this to be the case today? If so, how has it manifested itself in the world of 1992?

I think you can learn a lot about America by seeing what happened in the Soviet Union. The Republicans are saying Reagan had the Soviet Union in his gun sights and it was Bush who pulled the trigger to kill communism. Now that’s a truck load of you know what.

The Soviet Union collapsed because million and millions of citizens, particularly young people, particularly college people and scientists, intellectuals — and there were many of them there totally silent during Brezhnev — began communicating electronically.

In East Berlin, for example, they had guards that would go around and make sure that satellite disks at apartment houses in communist Germany were not turned to the west. And you would get busted, if were picking up electronic signals from the West.

But you can’t stop electrons. Electrons are not like tanks. You can’t build a wall of bricks to keep out videotapes and MTV tapes and rock n’ roll records.

After moving west to California in the late 60s, you became connected with a group called the Brotherhood of Eternal Love. In 1973, Nicholas Sand, a chemist for the Brotherhood, was arrested in St. Louis for operating two LSD laboratories. Indictments in California around the same time also named Ronald H. Stark, who allegedly operated a LSD lab in Belgium, In the book Acid Dreams, the authors name Stark as being a CIA informant. In retrospect do believe the CIA was involved in putting acid out on the street to preempt a possible political revolution?

I don’t know about that. But it’s a matter of fact that most of the LSD in America in the late 50s and early 60s was brought in by the CIA and given around to hospitals to find out these drugs could be used for brainwashing or for military purposes.

You talked about Nicholas Sand. The whole concept of the Brotherhood of Eternal Love is like a bogeyman invented by the narcs. The brotherhood was about eight surfer kids from Southern California, Laguna Beach, who took the LSD, and they practiced the religion of the worship of nature, and they’d go into the mountains. But they were not bigshots at all. None of them ever drove anything better than a VW bus. They were just kind of in it for the spiritual thrill.

Nick Sand was a very skillful chemist. He may have made LSD that the Brotherhood used. He was just a very talented chemist, who was out to make a lot of money for himself.

The guy Stark. I was accused of heading this ring. I never met Stark. Never knew he existed. I heard he’s a European money launderer. But that was not relevant to what was going on out here.

What is relevant to your question is … yes, the CIA did distribute LSD. As a matter of fact, the DEA (the Drug Enforcement Agency) is out there right now setting up phony busts, setting up people, selling dope. And it’s well known that during the Reagan administration Ollie North was shipping up tons of cocaine to buy money to give to the Contras and the Iranians.

The CIA has always used drugs very cynically. They [control] opium poppy plantations in the golden triangle of Thailand and Burma because it helps the anti communist group there.

The CIA doesn’t care about drugs, they’re just interested in playing there game of power and control, and in the old days, anti-communist provocation.

Wasn’t the Human Ecology Fund, which financed LSD research at Harvard, also connected to the CIA?

Yeah, these are minor little details. The professor who led to Richard Albert and I getting fired from Harvard, it turned out later was getting money from the CIA.

When you ran for governor of California in 1970 against Ronald Reagan, how many votes did you receive?

I never ran, Reagan threw me in prison. They wouldn’t give me bail for $5 worth of marijuana. Murderers, rapists were walking out with $100,000 bail. They did that to keep me from registering to keep me from running for governor.

What do you think of the presidential campaign thus far this year?

I think it’s obvious the United Soviet States of America — the federal government in Washington — is finished. No one likes it, and its just like the Communist Party bureaucracy in Moscow. Now the strategy is learn from the Soviet Union. When Brezhnev was in charge, we were for Gorbachev. As soon as Gorbechev got in charge and tried to keep it going, we were for Yeltsin.

You always have got to vote for the person who is going to loosen up the central power. So obviously you’ve got to vote for Clinton and Gore because they’re going to loosen things up and bring [down] the incredible police state, totalitarian situation that Reagan and Bush got.

Yeah, I’m enthusiastically, passionately cheering for Gore and Clinton. (But) I really don’t think anybody should be the president of the United States. You’ve got to break the central government down just as they did in the Soviet Union. Go back to the original states. That’s the original American dream. We don;t want a federal monopolistic bureaucracy in Washington.

As a new millennium approaches, how do you perceive the future of post industrial America?

... I’m not really that interested in the politics, I’m interested in the psychology, the power of individuals to communicate with each other. So I have high hopes there will be a new breed in the 21st century.

There is a new breed popping up in Japan, popping up in London, popping up in Germany. These are a new generation of kids who don’t want to go back to the old Cold War. They’re not going to work on Mitsubishi and Toyotas farm no more.

They believe in individual freedom. They don’t want to work, work, work for the company. They enjoy above all a global international movement. We’re going to get what Marshall McCluhan predicted thirty-forty ago — a global village — which will be hooked up by electronic networks. … Globalization will be the big thing of the future.

Buried History


Does radioactive waste from the Manhattan Project and Cold War still lurk near or under the dorms at Washington University?

first published in the Riverfront Times, May 27, 1998

Photo from a 1952 Wash U Alumni Bulletin shows two engineers burying radioactive waste from the cyclotron in the South 40.

 

An official Washington University photograph from 1952 shows two engineers — who donned lab coats and gas masks for the occasion — dumping radioactive waste out of galvanized steel trash cans into a hole in the ground. Other photos from the same series show the duo setting fire to the waste. The photo caption identifies the burial site as being behind then-Chancellor Arthur Holly Compton’s residence. The university published the photograph in its Alumni Bulletin to assure the public that radioactive waste from the school’s atomic cyclotron was being disposed of properly.

What may have been considered proper nuclear etiquette in the 1950s, however, is subject to question nowadays, and the answers have proven to be more than a little elusive. Indeed, nobody really even knows exactly what is buried on the South 40 of the Washington University campus, where dormitories are now located. But for decades, recurrent stories have alluded to the internment of radioactive waste at the site. Late last year (1997), after the university began building a series of new residence halls, in the southwest corner of the tract, a spokesman for the university dismissed the allegations as unfounded.

“We’ll categorically deny all of that,” says Fred Volkmann, the spokesperson. “I can assure you that everything that was there was removed, but that, at the time it was removed, it had no measurable radioactivity. I don’t think that you’ve got a story.”

Washington University alumnus Martin Walsh, however,  thinks otherwise.

“I don’t know if there is anything there or not,” says 62-year-old Walsh. “But why the hell would they run us out of there in 1955?”

In the spring semester of that year, a university administrator ordered members of his military drill group, the Pershing Rifles, to avoid the area, Walsh said. Before the edict, Reserve Officers Training Corps (ROTC) cadets had roamed the woods near the corner of Wydown Avenue and Big Bend Boulevard on nocturnal maneuvers. When the university forced an end to these forays, Walsh worried that he and his comrades might be disciplined for lighting campfires or worse. “To be frank, we had trouble with fellows who took binoculars and wanted to look into the girls’ dorms at Fontbonne College,” says Walsh, referring to the then-exclusively women college south of the site.

Instead, the administrator warned the cadets that the site had been used to bury radioactive waste created by the cyclotron — the university’s World War II vintage atom smasher.

Walsh’s memories of the incident were jogged recently by the sight of the new dorms going up at the location. He speculates that the sinkhole, over which the new dorms have been built, is filled with 60 feet of dirt. Walsh, a civil engineer and former St. Louis building commissioner, expresses concern that excavation work could possibly have brought some of the radioactive waste back to the surface. 

Although documents eventually furnished by the university tend to support its contention that radioactive materials dumped on the campus in the past were not hazardous, nothing indicates they were ever removed, as Volkmann claims. Moreover, substantiation of the university’s position depends heavily on two former cyclotron staff members who provided, at best, sketchy recollections. Both men possessed only partial knowledge of the cyclotron’s operational history because they began their careers long after the machine had been placed in service.

The university further cast doubt upon itself by restricting access to Chancellor Compton’s files. In another instance, a relevant dissertation, which could disclose important details, has somehow been misplaced or lost by the university.

By any reasonable standard, the record of radioactive waste disposal on campus is incomplete. Nonetheless, for more than 40 years, the university has assured the public that there is no danger.  [Former] University Chancellor William H. Danforth, for example, made such a statement in a letter to local environmentalist Kay Drey in 1978.

Drey accepted the chancellor’s word then; she is less sure now.

“If the materials were so short-lived that they would have decayed in a short period of time, why were they buried in the first place?” Drey asks. “And if they were short-lived, why were they dug up decades later? What proof is there that they were dug up? Where were they sent, and when?”

A long forgotten legacy

The legacy of radioactive waste, which Walsh stumbled onto as an ROTC cadet in the mid-1950s, began long before his college days.

In September 1938, Arthur Hughes, then chairman of the physics department, began preliminary inquiries into how to expand Washington University’s role in the burgeoning field of nuclear physics. By this time, American scientists were aware that recent discoveries had advanced the knowledge necessary for Germany to build an atomic bomb. This led to a sense of urgency among researchers before the United States entered World War II.

After Hughes recommended that a cyclotron be built, the Rockefeller Foundation provided a $60,000 grant. Additional funding for the project had already been committed by the Mallinckrodt Institute of Radiology of Washington University Medical School. The institute was named after the founder of Mallinckrodt Chemical Works, the company that ultimately supplied the Army with the refined uranium necessary to build the atomic bomb.

During its construction, the university publicized the 80-ton, electromagnetic device as the latest medical weapon in the battle against human disease. Researchers, indeed, used the radioactive isotopes created by the cyclotron for experimental cancer therapy. From the beginning, however, the medical applications overlapped with military interests. By early 1942, only a few months after its completion, Washington University scientists had already started employing the machine for secret atomic-bomb work under a contract with the federal government’s Office of Scientific Research and Development.

Using the 50,000-watt cyclotron, a Washington University team bombarded hundreds of thousands of pounds of uranyl nitrate, which had been refined at Mallinckrodt, to create microscopic quantities of plutonium. The cyclotron staff then sent the uranium and plutonium to the University of Chicago to be separated. By this point, the specially created Manhattan District of the U.S. Army Corps of Engineers had taken over the supervision of the atomic-bomb program, which later became known simply as the Manhattan Project.

Secrecy surrounded the entire endeavor. Scientists acquired pseudonyms; the nascent bomb became known as “the gadget”; coded log-book entries referred to uranium as “band-aid box, “gunk” or “special stuff.” The secret work at Washington University continued for the next two-and-a-half years. But another eight years would pass before the university itself openly discussed the radioactive cyclotron waste.

Finally, in October 1952, the university’s Alumni Bulletin published a photograph showing the two cyclotron engineers dumping radioactive waste on the southern part of the campus, hoping to assure the alumni and the public that radioactive waste from the cyclotron was being disposed of properly. Within a few years, however, the school changed its policy and began shipping all of its irradiated materials in special containers to an Atomic Energy Commission (AEC) site in Oak Ridge, Tenn.

This decision to move future waste off campus dovetailed neatly with the university administration’s plans to build student housing in the vicinity of the radioactive burial site. When construction began in 1958 on the tract behind the chancellor’s residence, university officials tried to find out where the waste had been dumped by asking the two cyclotron engineers who had posed for the photographs. Details of those interviews are contained in internal memorandums, which the university allowed a reporter for the The Riverfront Times to read but not photocopy. The following account is based on information culled from those memos.

The late John T. Hood Sr., who ultimately became director of cyclotron operations, was one of the two engineers known to have been questioned. He and his colleague, Bradbury Phillips, were the two individuals who had earlier been featured in the Alumni Bulletin photos. Before his death in 1996, the university called on Hood to answer questions about the early disposal practices at the cyclotron facility. Hood invariably calmed concerns over the issue using his personal knowledge.

However, an Aug. 18, 1958, internal university memo indicates Hood was absent from the campus during his military service and on return could not remember exactly where the waste had been buried. According to the memo: “Mr. J.T. Hood, electrical engineer at the cyclotron, helped with some of the waste disposal work although he was in the Army during a large fraction of the interval of interest. … Mr. Hood has surveyed the terrain in the neighborhood of the burial ground and reports that it has been altered as to make the identification of the exact burial spots impossible.”

By 1958, Phillips, the other source on which the university relied, had moved to the University of Colorado. In a written response Phillips provided his recollections on the subject. He, too, prefaced his words with doubt.

“That’s a rough set of questions,” wrote Phillips. “I’ve racked my brain all day trying to recall the answers. It must be close to ten years since our first burial. As an initial date somewhere in 1949 or 1950 sticks in my head. I don’t think any burials were made later than early 1955. After that we shipped the stuff out in 50-gallon paper-board barrels.”

Phillips also expressed uncertainty on the number of burials in which he had participated, guessing that total to be between five and eight. He suggested that log-book entries be checked to verify the number of burials, but there is no mention of whether the log books were ever examined. The engineer then attempted to locate the burial sites on a rough map of the area. He stated, however, that a more accurate diagram of the burial locations had been drawn up by the cyclotron staff in the past. Investigators failed to find that diagram, according to one of the memos. When a search team uncovered a discrepancy between Phillips’ recollection and their records, they chose to accept Phillips’ version rather than their own. Investigators subsequently dug test holes and scanned the area with a Geiger counter, detecting only normal background levels of radiation.

But trying to pinpoint the exact burial sites on a 40-acre wooded tract of land proved futile.

Phillips estimated the size of the dumping ground as 50 to 70 feet in diameter. “The ground fell off to a ravine running north and south, which intersected the old creek bed,” he wrote. “Trash and dirt were filled in from the east side of this ravine. Our procedure was to bury at the foot of this hill so the next few loads would cover it. Within a week, this surface was 8 to 10 feet under the surface of the trash and dirt.” Phillips’ description is similar to what a sinkhole would look like that was being used as a landfill, which is what the university used the property for in those days.

The burial rites for the radioactive waste followed a pattern that rarely deviated. According to Phillips, the waste was dumped and then burned “so that the final volume of material never exceeded 2 cubic feet. All laboratory glass was broken. With one exception, no containers were used. The exception was a one-gallon can; its contents were poured into the hole, and the can punctured. All other waste was uncontained.”

Most of the radioactive waste was paper used to prevent surface contamination at the cyclotron facility, Phillips wrote. Included among the buried artifacts, however, were a few 8-by-10 pieces of brass. “We never buried large amounts of (radio)activity and any long-lived (materials) had been set aside to decay to low levels before burial,” wrote Phillips. Although the half-lives of the materials were allegedly determined in advance of disposal, Phillips confessed he didn’t know what exactly he was burying. “I would say the bulk of the radioactive material was unidentified,” he wrote.

Nothing in Phillips’ account alludes to the waste ever being dug up and removed as the spokesman for the university now asserts. Moreover, the cyclotron engineer’s chronology only covers the last six years that radioactive waste is known to have been disposed of on campus. Contrary to Phillips’ statement, the cyclotron began operating in early 1942, not 1945. The omission leaves a seven-year gap for which there is no apparent record.

Whereas, Phillips claimed radioactive materials were buried as few as five times in six years, another cyclotron technician’s estimates suggest that disposal may have occurred more frequently. The late Albert A. Schulke, who began working at the cyclotron during World War II, told the St. Louis Post-Dispatch in 1952 that it wasn’t unusual for the accumulated radioactive waste to fill three standard-size rubbish cans in a two-month period. Schulke’s estimates — added over a 13-year period — indicate the possibility of 234 separate waste-disposal occurrences.

Similar to Phillips’ account, Schulke vouched for the benign nature of the waste, although the 1952 news story mentions that cyclotron burial squads took the precaution of wearing respirators to keep from breathing radioactive dust. The nuclear gravediggers were also reported to have dressed in rubber boots and gloves and handled radioactive materials with long, “non-magnetic” tongs. Several years later, Schulke complained to another reporter of recurring pain in his fingers caused by radiation burns he received in 1948. The cyclotron technician, nevertheless, praised the safety of burying the waste on the South 40, an area he considered secure. “We can be sure no one is ever going to build there, and dig up the waste materials,” said Schulke.

After the war, Washington University published a booklet that boasted of its role in the production of the first atomic bombs. The work included the following statement:

“Certain investigations of a scientific nature, not yet released, were carried out for the Metallurgical Laboratory. Among these was an investigation which constituted the dissertation for the degree of Ph.D awarded to Harry W. Fulbright.”

The Metallurgical Laboratory was the code name for the secret atomic-weapons research facility at the University of Chicago, where Compton oversaw the first controlled nuclear chain reaction on Dec. 2, 1942. Although Chicago acted as the hub for the research, Washington University supplied the initial plutonium.

Fulbright’s dissertation, which would provide precise details of how early cyclotron experiments were conducted here, appears to have never been declassified. The doctoral paper is absent from the catalogue of Olin Library at Washington University. It’s missing from the physics department library on campus, too. A search of two national databases turned up nothing more than a brief citation. Fulbright, who is now an emeritus professor at the University of Rochester, says he doesn’t even have a copy.

In his written reply to an inquiry by the Riverfront Times, Fulbright wrote: “I have carefully gone through my papers without finding a copy. … In the late 1940s, while at Princeton University … I recall vaguely having received a partially declassified copy.” Fulbright further stated that the goal of his experiment at Washington University was to establish a nuclear energy scheme for plutonium 239. I think the average reader would fine it dry as sawdust.”

The subtleties of sawdust, of course, are infinitely more discernible than atomic particles. Discarded radioisotopes can come in hundreds of varieties and contaminate soil, water or air. The resulting radioactivity may decay in minutes or days or last forever.

“When uranium or plutonium undergoes fission, there are about 700 or 800 different ways that those two pieces can come into existence,” says John W. Gofman, a professor emeritus at the University of California Berkeley. Gofman, who took part in the Manhattan Project research at Berkeley, later became an outspoken critic of the nuclear power juggernaut. Gofman cites strontium 90 and cesium 137 as two common radioactive isotopes that could be created during fission. Each of these substances possesses a half-life of approximately 30 years. This means half of the radioactivity emitted from these isotopes decays within three decades. So any strontium 90 or cesium 137 created during World War II would still be emitting more than one-fourth of its original radioactivity today (1998).

But Arthur C. Wahl, a former Washington University chemistry professor, insists that low-level radioactive waste created by the cyclotron, during World War II and the postwar era, would pose no current health or environmental danger. He is less certain, however, about the exact location of the waste. “I don’t know about it,” says Wahl, who is living in retirement in Los Alamos, N.M. “I’ve been questioned about this before by environmentalists and so forth. This (the dumping of the radioactive waste on the South 40) was done before I was associated with the cyclotron, if it was done at all.”

Wahl joined the faculty after the bomb hit Hiroshima on Aug. 6, 1945. By this time, Compton had already accepted the chancellorship, although his role as a Manhattan Project consultant would continue covertly for more than a year. In addition to Wahl, Compton recruited Joseph W. Kennedy directly from the Los Alamos laboratory, where both had worked on the atomic bomb under J. Robert Oppenheimer. Earlier in their careers, the two scientists had collaborated with Glenn T. Seaborg and Emilio Segre at the Berkeley radiation laboratory of Ernest O. Lawrence. Compton also drafted a bevy of other talented chemists from Los Alamos, including Lindsay Helmholtz, David Lipkin, Herbert Potratz and Samuel Weissman.

Arthur Holly Compton

In part through Compton’s military connections, the university began nuclear experiments financed by the Office of Naval Research in 1946. Then in 1947, the AEC contracted the university to produce isotopes not obtainable at nuclear reactors. Other research on campus involved investigating the possibility of creating nuclear-powered aircraft, warships and submarines. Meanwhile, the university constructed a radiochemistry laboratory adjacent to the cyclotron with $300,000 from an anonymous donor, according to the February 1947 issue of the Washington University Aumni Bulletin.

Besides military work, the cyclotron continued to serve medical researchers and also private corporations, including Anheuser-Busch, Phillips Petroleum, McDonnell-Douglas, Aluminum Company of America (ALCOA) and General Electric.

Not surprisingly, by the time Walsh entered Washington University’s civil-engineering program in the mid-1950s, the military-industrial complex was well-ensconced on campus. No one then doubted the propriety of this menage a trois anymore than they questioned the disposal of radioactive waste on the South 40. But Walsh does remember receiving a warning from professor Kennedy, the co-discoverer of plutonium. “I had him for Chemistry 101 and Chemistry 102,” says Walsh. “He said, ‘We buried a lot of stuff (radioactive waste) up there. You guys shouldn’t be going up there.’ He told us that after a lecture, when I asked him about it.”

Within two years of issuing the caveat, Kennedy himself died of cancer.

By 1960, the federal government established the first comprehensive radiation standards. For materials that cause genetic damage, the guidelines set protective limits 100 times higher for the general public than for atomic-industry workers. Five years earlier, T.C. Carter, a British researcher, had pondered the genetic consequences of radiation exposure in the Bulletin of Atomic Scientists:

“In my opinion, we cannot today make any useful quantitative assessment of the genetic consequences of exposure of human populations to ionizing radiations at low dosage rates; we know far too little about human population structure and the induction of mutations in man,” wrote Carter. “But we know enough to be apprehensive about genetic dangers!”

Compton included this quotation in his memoir, Atomic Quest. It appears in the chapter titled “Hope.”