</s>Birmingham, Alabama 44-1740 October 10, 1975 RE: JAMES EARL RAY, also known as Eric Starvo Galit: DR. MARTIN LUTHER KING, JR .- (Occasional) CIVIL RIGHTS-CONSPIRACY Clerk, United States District Court, Northern District of Alabama, Birmingham, Alabama, advised that court records reveal the following: On November 19, 1971, Bernard Fensterwald, Jr ., Washington, D.C ., filed the following motion on behalf of James Earl Ray. 3 - Bureau (44-38861) - Memphis (44)-1987) - Birmingham (44 -1740) LDP: has (2003) 64-1746-2224 This document contains neither recommendations nor conclusions of the FBI. It is the property nor FBI and is loaned to your agency; it and its of the are not to be distributed outside your agency. 2025 RELEASE UNDER E.O. 14176

Summary  
The documents detail multiple investigations into the assassination of Martin Luther King Jr. (MLK) on April 4, 1968, spanning from 1971 to 1976. A 1971 motion filed by Bernard Fensterwald on behalf of Eric Starvo Galt (also known as James Earl Ray) sought dismissal of conspiracy charges related to MLK’s assassination, citing procedural violations under the Sixth Amendment. The warrant issued in April 1968 for violating Section 241 of Title 18 U.S.C. was never executed and was dismissed by a federal magistrate court in December 1971. Additional records include an unexecuted arrest warrant from April 1968 and information from a confidential source (BH-1) about Dr. Gus Joseph Prosch’s alleged involvement in planning MLK’s assassination. Prosch is linked to Frank LaBerto, an underworld figure in New Orleans, who allegedly received $255,000 for orchestrating the murder. The documents also reference meetings at the Gulas Restaurant in Birmingham, Alabama, and Ray’s identification after his photograph was published.  

In 1976, FBI records describe investigations into MLK’s assassination, including claims that Prosch discussed plans to kill King with Frank Liberto (a white male in his late thirties) using a bolt-action rifle, possibly a Remington Model 760, purchased from Aeromarine Company in Birmingham on April 3, 1968. The source alleges Prosch and Liberto met with Rev. Ralph Abernathy and others at Gulas’ Restaurant to discuss the plot. A cache of weapons, including firearms, dynamite, and other materials, was discovered in a trailer near Parkwood, Alabama, linked to Prosch. The FBI notes Liberto’s connections to the Greek Mafia in New Orleans and his alleged role in criminal activities. A former informant, Frank Winsitt (PROTECT), provided details about Prosch using the alias John Willard and purchasing a rifle from Aeromarine, though no sale record exists. The source also claims the rifle used in the assassination was stored in Birmingham and later shipped to Costa Rica.  

Key People  
- **James Earl Ray** (also known as Eric Starvo Galt): Accused of conspiring to assassinate MLK; incarcerated in Tennessee.  
- **Dr. Gus Joseph Prosch**: Alleged participant in planning MLK’s assassination; indicted on gun charges in 1971.  
- **Frank LaBerto**: Underworld figure in New Orleans allegedly involved in orchestrating MLK’s murder, linked to the Greek Mafia.  
- **Rev. Ralph Abernathy**: Civil rights leader allegedly present during planning meetings with Prosch and Liberto.  
- **Bernard Fensterwald, Jr.**: Attorney representing Ray/Galt in the 1971 motion.  
- **Mildred F. Sprague**: U.S. Commissioner who issued the 1968 arrest warrant.  
- **Frank Winsitt (PROTECT)**: Former FBI informant providing details on Prosch’s alleged involvement.  

Key Locations  
- **Birmingham, Alabama**: Central to court proceedings, meetings at Gulas’ Restaurant, and Aeromarine Company (rifle purchase).  
- **Memphis, Tennessee**: Location of MLK’s assassination at the Lorraine Motel.  
- **New Orleans, Louisiana**: Associated with Frank LaBerto’s alleged Mafia connections and criminal activities.  
- **Parkwood Trailer Park, Alabama**: Site of a discovered weapon cache linked to Prosch.  

Key Events  
- **April 4, 1968**: Assassination of MLK at the Lorraine Motel in Memphis, Tennessee.  
- **April 17, 1968**: Warrant issued for Eric Starvo Galt on conspiracy charges related to MLK’s assassination.  
- **November 19, 1971**: Motion filed by Fensterwald seeking dismissal of charges due to procedural violations.  
- **December 2, 1971**: Magistrate’s recommendation to dismiss the complaint and warrant.  
- **April 3, 1968**: Alleged purchase of a bolt-action rifle (possibly Remington Model 760) from Aeromarine Company in Birmingham.  
- **Discovery of weapon cache**: Firearms, dynamite, and other materials found in Parkwood, Alabama, linked to Prosch.  
- **1975**: Confidential source (BH-1) provided information about Prosch’s role in planning MLK’s assassination.  

Key Organizations  
- **Federal Bureau of Investigation (FBI)**: Conducted investigations into Prosch, Liberto, and MLK’s assassination; involved wiretapping activities.  
- **Drug Enforcement Administration (DEA)**: Monitored Prosch as an informant.  
- **U.S. Secret Service**: Collaborated with FBI on Prosch’s case; provided photographs of Dr. King.  
- **United States District Court, Northern District of Alabama**: Handled the motion and warrant-related cases.

MLK Declassified Files

44-bh-1740_729219_10-01-part_1_of_4.pdf

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