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DIRECT QUOTES from Trial Transcripts of KING vs. JOWERS

William F. Pepper wrote An Act of State: The Execution of Martin Luther King. This narration of a computer simulation is from his closing arguments in this trial.

We have a depiction of the overall seen [sic] of the assassination at about five forty-three, the time we've pinpointed, on the afternoon of the assassination.
Here in this depiction we have two people on the firehouse roof, we show two people in the brush area at this time, a number of witnesses down below the balcony right in there.
There is also a car, a Chevrolet car, parked here on Huling, and two Mustangs on South Main Street.
You will remember Charles Hurley testified that he drove up behind this Mustang when he was picking his wife up.
It had Arkansas plates.
This Mustang is believed to have been James Earl Ray's.

Now, when we move ahead, we're still at five forty-three, but it is between five forty-three and five forty-four, Hendricks and Reed, who have been in Jim's Grill here, have come out and have since walked up this street.
About this time this first Mustang has pulled off.
Everything else remains the same.
You have the photographers on the roof, you have the two figures in the brush, who we believe to be Earl Clark and Loyd Jowers, and you have witnesses below the balcony over here.

Now we're at five-fifty.
The evidence reveals that this first Mustang is gone.
The second Mustang still remains.
Photographers still remain clicking away on the roof.
The figures in the brush still remain.
The Invaders have started to leave the hotel.
They are coming down the stairs and they are leaving at five-fifty.
They were noticed leaving.
Billy Kyles, Reverend Kyles, is right there knocking on Martin King's door as the evidence indicates at ten minutes to six.
The witnesses are still down below.

At five fifty-five, the Invaders are now off the premises, they've gone.
Reverend Kyles has come away from the door and is on the balcony to the right of the door.
The witnesses are still below.
Photographers are still in their perch photographing.
The Chevrolet is still parked where [it]was.
And now a Memphis Police Department traffic car has pulled up to this intersection right here at Mulberry and Huling.
In addition to that, about this time a rifle and an evidence bundle has been dropped by this figure right here in Canipe's.

Still at five fifty-five, between five fifty-five and five fifty-six, the Yellow taxicab has pulled into the Lorraine driveway and is loading a passenger.
The man who has dropped the rifle has now approached this second Mustang with the Arkansas plates here.
The figures in the bushes are still there.
The Chevrolet is there and the taxi driver himself is standing toward the rear of his car next.
About five fifty-six, in that area, Martin King appears on the balcony and begins to talk to a number of the people below who we've been calling as witnesses.
The taxi driver is still there unloading a passenger's luggage, and the photographers are there.
The rifle remains, but now the second Mustang moves off.
The traffic car remains in position and the Chevrolet remains where was.

Six-oh-one p.m., April 4th, 1968, Martin Luther King has been felled by a single shot.
Everything else remains the same.
The taxi driver is facing the brush area.
The photographers are still on the roof of the fire station.
The rifle in evidence remains in Canipe's doorway.
The Chevrolet remains on Huling.
The Memphis traffic car remains at the intersection of Mulberry and Huling.
The figures in the bushes at this point remain there.

Instantly, between six-oh-one and six-oh-two, immediately after the shot, one of the two figures, and we maintain it is the defendant, is moving toward his building carrying the murder weapon.
The other figure in the bush, in the bushes, is going down -- appears to be at this point not going down but appears to be alone around the edge of the wall.
The photographers are there.
The taxi driver is still there looking at the brush area, and journalist Earl Caldwell, having heard the shot, has come out of his room.
It is difficult to do this with computers.
You may recall Caldwell was in his shorts standing there looking at the bushes seeing this figure in the bushes.
The traffic car remains there.
Kyles remains off to the right of the fallen Martin King instantly after the shot.
The witnesses are there, some of whom turn toward the bushes looking up in that direction.

Also between six-oh-one and six-oh-two, because that's what it takes, Mr. Jowers has entered his establishment.
The shooter has gone down over the wall and has run toward that Memphis traffic vehicle, car vehicle, right there.
This is all happening between six-oh-one and six-oh-two.
That's the period of time in which this was carried out.
The taxi driver has seen the shooter jump from the wall and run to here and get into that traffic car.
The photographers must have photographed it.
There they are.
The rifle remains.
Mr. Jowers has entered his establishment at that point in time.

Around six-oh-five, under great pressure from his passenger, the taxi driver actually drives away, left the Lorraine parking lot.
The shooter, having gotten into that traffic car, is also gone, disappeared.
That traffic car sped up Huling, west on Huling.
It is gone.
Mr. Jowers is inside his establishment, the witnesses remain in place where they were.
Mr. Caldwell has gone back into his room to put on his trousers.

We're at about six-oh-eight.
At this point in time barricades in the form of police cars have been established at either end of Mulberry, thus blocking any entrance to the street.
We're at six-oh-seven.
I'm a minute ahead of myself.
We're at about six-oh-seven.
Everything else remains pretty much the same except Journalist Caldwell has come out of his room again and would eventually make his way up to the balcony.
Dr. King is still down, witnesses are in place, photographers are in place, the rifle remains where it is, and Reverend Kyles is still on the balcony.
Also at six-oh-seven or thereabouts Olivia Catling has arrived at the corner of Mulberry and Huling.
She has three children with her.
Two are hers and one is a neighbor child.
She has come to that corner just about this time, having heard the shot from inside her house.
Everything else remains pretty much in place with the photographers, the witnesses and Journalist Caldwell coming out and the rifle still at Canipe's.

About six-oh-nine we have a man appearing in the alley.
This is the first time he has appeared.
He has apparently come from connected buildings to the rooming house and he is now seen in the alley.
Everything else remains the same.
The barricades are in place.
Mrs. Catling is there.

He moves between this time, within a minute, very quickly to this car seen by Mrs. Catling and the children.

He gets in the car and rips off east on Huling, making a sharp turn going north on Mulberry right in front of this police barricade and proceeds unimpeded north on Mulberry away from the scene.
Now, at that point in time Mrs. Catling notices a fireman who is standing in front of the wall, and he is talking to policemen, yelling at policemen, that the shot came from the clump of bushes up there.
They apparently are not listening to him.
Those are the -- that's the visual depiction of the critical events that we wanted to put forward.



Vs. Case No. 97242

December 8th, 1999

Before the Honorable James E. Swearengen, Division 4, judge presiding.

Suite 2200, One Commerce Square
Memphis, Tennessee 38103
(901) 529-1999


For the Plaintiff: DR. WILLIAM PEPPER Attorney at Law
New York City, New York
For the Defendant: MR. LEWIS GARRISON Attorney at Law
Memphis, Tennessee
Court Reported by:
MR. BRIAN F. DOMINSKI Certificate of Merit Registered Professional Reporter
Daniel, Dillinger, Dominski, Richberger & Weatherford
22nd Floor
One Commerce Square
Memphis, Tennessee 38103


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