2005

The Indictment That Crossed Forty-One Years

Four decades after three civil rights workers were buried in an earthen dam, the state of Mississippi charged a former preacher with their murders.

January 6Original articlein the voice of wonder
Edgar Ray Killen
Edgar Ray Killen

Time is not a river that washes things clean. It is a layer of soil, accumulating slowly, preserving shapes. On June 21, 1964, James Chaney, Andrew Goodman, and Michael Schwerner were murdered near Philadelphia, Mississippi. Their bodies were found 44 days later, buried in an earthen dam. The federal government tried nineteen men in 1967. Seven were convicted on federal conspiracy charges; none served more than six years. The state of Mississippi brought no murder charges. The case settled into the substratum of American history, a known but unresolved fact.

Then, on January 6, 2005, a grand jury in Neshoba County indicted Edgar Ray Killen, an 80-year-old former Baptist minister and sawmill operator, on three counts of murder. The interval between the crime and the indictment was forty-one years, six months, and sixteen days. The charge was not conspiracy. It was murder. The mechanism was a state prosecution, initiated by a local district attorney, relying in part on evidence and testimony from the federal trial four decades prior.

The event is a study in geological patience. It demonstrates how a society, under pressure from memory and advocacy, can slowly reverse its own sedimentation. It is not about closure, a word too neat for such a process. It is about the stubborn re-emergence of a form long buried. The law moved at the speed of erosion, and then, suddenly, with the force of an excavation. Killen was convicted later that year. The time between the act and the full accountability of the state spanned most of a human lifetime, a measure of how deeply injustice can be interred, and how it can, against odds, be brought back to the surface.