</s>CRIMINAL DIVISION November 6, 1969 Attention: Mr. Cella ASSASSINATION OF MARTIN LUTHER KING, JR. XXX (G) EJM:JwV NOTE: Enclosed is a copy each of State Department telegrams dated 10-24-69 and 10-28-69. A copy of each is being furnished Civil Rights Division, A 2025 RELEASE UNDER E.O. 14176

The documents detail James Earl Ray’s appeal following his 1969 conviction for the murder of Dr. Martin Luther King Jr., focusing on procedural challenges related to a motion for new trial and the death of Judge Preston W. Battle before its resolution. The case centers on Tennessee statutory law, including T.C.A. § 17-117, which addresses judicial vacancies during post-conviction proceedings. Ray argued that Judge Battle’s death invalidated the original judgment due to the absence of his signature on court records and the lack of proper authentication for appellate review. Legal precedents such as *Dennis v. State* and *Jackson v. Handel* were cited to support claims about judicial involvement in procedural steps and the necessity of a trial judge’s authority over verdicts. The appeal also referenced the statute of limitations for motions for new trials, asserting that Judge Battle’s death extended deadlines. Key legal questions included whether the vacancy invalidated proceedings, the validity of unsigned judgments, and the appellate court’s ability to review cases without proper authentication. The documents mention FBI correspondence regarding Ray’s statements to his brother Jerry Ray, which were part of an investigation into MLK’s assassination. Civil rights case details involving Percy Foreman, William Bradford Hule, and Arthur J. Hanes are referenced, along with the involvement of the U.S. Department of Justice Civil Rights Division in appeals and petitions for certiorari. The text also notes a statement by Ray allegedly dictated to his brother as a potential source of information about his role in the assassination.  

Key People:  
- James Earl Ray (convicted murderer of MLK, subject of appeal)  
- Jerry Ray (brother of James Earl Ray, recipient of Ray’s statements)  
- J. Clyde Mason (Assistant District Attorney General)  
- William E. Miller (U.S. District Judge)  
- Percy Foreman, William Bradford Hule, Arthur J. Hanes (defendants in related civil case)  

Key Locations:  
- Memphis, Tennessee (location of MLK’s assassination and legal proceedings)  
- Nashville, Tennessee (Tennessee State Prison, Ray’s incarceration)  
- Ottawa, Canada (reference to RCMP inquiry)  
- St. Louis, Missouri (broadcast of Ray’s statement)  

Key Events:  
- Legal appeals and petitions in Tennessee courts regarding James Earl Ray’s conviction  
- FBI correspondence about Ray’s statements to his brother Jerry Ray  
- Civil rights case involving Percy Foreman, William Bradford Hule, and Arthur J. Hanes  
- Discussions on the voluntariness of guilty pleas and jury trials  
- Mention of MLK’s assassination (April 4, 1968) and subsequent investigations  

Key Organizations:  
- Federal Bureau of Investigation (FBI)  
- U.S. Department of Justice Civil Rights Division  
- Tennessee courts (including Middle District of Tennessee and Court of Criminal Appeals)  
- Royal Canadian Mounted Police (RCMP)

MLK Declassified Files

190-hq-709_bulky_231_sec_007_ser_231_only-part_09_of_11.pdf

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