BY DAVE FERGUSON
JASPER, Texas - John William King was convicted February
23 of capital murder in the June 1998 lynching of James Byrd,
Jr. here. The jury delivered its verdict less than three hours
after closing arguments in a trial that lasted six days. Byrd,
who was Black, was beaten and then dragged to his death,
chained behind a pickup truck. Two other men accused along
with King will go on trial later. The jury is now deciding
King's punishment. He could receive the death penalty. The
June 7 murder sparked outrage in Jasper and far beyond. When
the Ku Klux Klan called a rally in the town of 8,000 three
weeks after the killing - supposedly to clarify their
opposition to the killing - 200 people turned out in an angry
protest, despite efforts by city officials and traditional
civil rights organizations to discourage an organized counter
protest. About two dozen racists took part in the KKK rally.
At King's trial, grisly photos of Byrd's mutilated body and severed head and arm were introduced into evidence, upsetting several members of his family who were in attendance. Testimony indicated that Byrd was alive and suffering excruciating pain during most of the three miles he was dragged. Evidence linking King to the crime included his cigarette lighter, with a KKK symbol, which was found at the scene, and DNA evidence that Byrd's blood was on the defendant's shoes.
Numerous writings, documents, and photos found in King's apartment were also introduced as evidence. These included photos of King's racist tattoos that depict a Black man hanging and the slogan "Aryan pride." The documents reveal his plans to start a chapter of the "Confederate Knights of America, Texas Rebel Soldiers." The prosecutor contended that King murdered Byrd to win respect and recruits for his new racist group. King's attorneys objected to introduction of evidence of King's ideas and thoughts, but were overruled by the judge.
"This has forced us to confront the fact that we have a problem here," Jasper resident Rev. Bobby Hudson told Militant reporters after observing the first day of the trial. "Even though the town is 40 percent Black, the jury has only one Black. Many Blacks are opposed to the death penalty, so when asked that question they were removed."
Less than one month ago the city removed a fence that had divided the city cemetery into separate sections for Blacks and whites. Mayor R.C. Horn announced that members of all races can now be buried anywhere plots are available. James Byrd, Jr.'s grave was near the old fence. Several members of Byrd's family attended the ceremony marking the removal of the fence.
The prosecutors have used this case to try to win new support for the death penalty. "I am opposed to the death penalty, even in this case," said Hudson who is Black. "It will always be used more against Blacks."
Another Black man observing the trial, who didn't want his name used, argued, "I want justice. And, in this case justice is the death penalty. If it had been a Black doing that to a white, they would already be executed."
The judge has prohibited protests within a two-block radius of the courthouse. There were dozens of cops on hand to enforce that.
Both local and national political figures are using the case to call for new legislation against "hate crimes." NAACP president Kweisi Mfume said after the verdict that this case "clearly shouts" for the "urgent need" for new legislation. While Texas already has a "hate crime" law, a current attempt to revise and strengthen it is named after James Byrd, Jr. The current law increases the penalties and lessens the burden of proof on prosecutors in cases where they can show that the accused were motivated by hate.
"The problem has not been that there are not laws on the books to make such lynchings illegal," said Laura Garza of the Socialist Workers Party in Houston. "The problem is that the laws are seldom enforced against racists. This time the horror of the crime brought a public outcry that forced the authorities to vigorously prosecute. But, the next time they will return to business as usual."