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Inspiring his audience of mostly law students to "carry the torch of
justice into the next millennium," Assistant District Attorney Bobby DeLaughter
('77) presented a fall lecture recounting his quest that led to the retrial
and conviction of Medger Evers' assassin Byron De La Beckwith. In 1994,
DeLaughter successfully spearheaded the prosecution of the white supremacist
in the June 12, 1963, sniper shooting death of the Mississippi NAACP field
secretary.
In pin-drop silence in the Lamar Law Center's Moot Court Room, the sagacious
prosecutor told an incredible story of finding missing old evidence and
coming up with "something new" in order to ensure a conviction 31 years
after Beckwith's first trial.
DeLaughter's account was like pieces of a puzzle falling into place, as he recalled his five-year investigation. It included not only
uncovering missing old evidence - including the murder weapon, a transcript
from the first trial, a partial police report, crime scene photos and
the allowance of testimony by now-deceased witnesses from the first trial
- but also discovering a confession by Beckwith.
"I always felt like we needed something new, something that (original
prosecutor Bill) Waller didn't have. Even if it wasn't necessary legally,
I thought a jury psychologically would insist on it," he said.
The fresh evidence was provided by his friend who was serving as the
local counsel for Orion Pictures in a defamation law suit brought by the
Ku Klux Klan against the film company for the Klan's portrayal in the
film Mississippi Burning. Preparing for the defense, the attorney
uncovered a book that had been out of print for 20 years. Written by an
ex-Klan informant, the book contained a confession by Byron De La Beckwith.
"Beckwith was asked to be the featured speaker at a Klan rally on a Pearl
River sandbar south of Jackson following his release," said DeLaughter.
"It was a recruiting rally-the-troops type of speech. It was like: `Look what I did. I got away with it so
nothing's going to happen to you; so let's get in there and kill them
all.'"
After tracking down the book's author and enlisting his assistance, DeLaughter
said, "We finally had our something new, and from that point on things
simply escalated," including several other informants stepping forward.
"Mr. Loudmouth couldn't resist bragging to people he thought would be
impressed with his accomplishment. What he hadn't counted on was over
the years that these people would have a change of heart, that these people
would change, unlike him, and they wanted to set things right."
Setting things right had been uppermost in DeLaughter's mind since Oct.
1, 1989, when he read a Clarion-Ledger article that alluded to
jury tampering by the State Sovereignty Commission in Beckwith's first
trial. After a subsequent meeting with the slain civil rights worker's
widow, the attorney said he became "a man obsessed."
"After talking with Myrlie (Evers) and hearing her recount the tragic
events of that night, it was driven home to me that there are some things that not only span races, that not only span people,
but span time, as well. It may have been 25 years, but the hurt was still
there - the lack of closure, the lack of justice was still there - everything
I see with families of homicide victims that we handle was no different
in that respect.
"I also considered it a black eye to Mississippi after all those years,
and I considered it an opportunity to show that equal justice could be
obtained here."
DeLaughter admitted that in the beginning he had nothing - no evidence,
no trial transcript, no police report. "But we did announce to the media
that we were going to make a good faith effort to investigate whether
or not something could be done."
After hearing public reaction run the full spectrum, from asking for
the immediate re-arrest of the accused, saying he was not moving fast
enough, to those irate that he was moving at all, the district attorney
said, "It was extremely hard to stay focused on what we were trying to
do, and the easy thing would have been to just leave it alone, because
the most frequent thing I was told, and I still hear it today, was `leave
it alone; you're just going to open up another wound.'
"But I felt like not only myself but also Mississippi was being put to
the test. ...Basically, for me it was put up or shut up time for everything
I believed in legally and morally. I just could not let other people determine
my priorities."
DeLaughter's presentation included slides of the crime scene and other
photos related to the case and clips from the film Ghosts of Mississippi,
which is based on the retrial.
A poignant moment in the attorney's presentation came when he showed
a slide of the exhumed body of Medgar Evers, perfectly composed after
being buried more than 25 years at Arlington National Cemetery. Several
members of the audience shed tears, as the speaker seemed to choke back
his own emotions.
The exhumation, with permission from the Evers' family, allowed a forensic
pathologist's autopsy to establish a cause of death, according to the
attorney. It also provided Van Evers, the youngest of the three Evers'
children, the opportunity to see his father for the first time in his
memory.
DeLaughter recently completed a memoir about his experience in the Beckwith
case, tentatively titled Never Too Late, to be published by Scribner.
His closing argument in the landmark trial is included in the volume Ladies
& Gentlemen of the Jury: Greatest Closing Arguments in Modern Law,
edited by Lief, Caldwell & Bycel and published by Scribner in 1998.
Photo
Bobby DeLaughter (left) receives the Law Alumni Public Service Award from
Dean Samual M. Davis becoming the first recipient of the award established
by the Law School faculty. According to the citation to DeLaughter, the
award was given "in recognition of his devotion to the public good
as demonstrated by his record of outstanding public service." The
attorney recently was sworn in as Hinds County's newest County Court judge,
appointed by Gov. Kirk Fordice to fill the unexpired term of the late
Judge Chet Henley.
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