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Autopsy raises questions in civil rights-era killing at Marion
| 7/11/2007, 10:27 a.m. CDT The Associated Press |
ANNISTON, Ala. (AP) — A forensic pathologist says an autopsy report suggests that a black man shot by a state trooper at a civil rights protest in Marion in 1965 died from botched medical care at a Selma hospital, The Anniston Star reported Wednesday.
The medical issues raised in the newspaper’s report on the death of Jimmie Lee Jackson are viewed by the prosecutor as irrelevant to the murder case against the now-retired trooper, James Bonard Fowler.
But Fowler’s defense attorney said the autopsy shows that medical error led to Jackson’s death, which could be evidence weighing in Fowler’s favor.
Fowler, 73, of Geneva, has pleaded not guilty and contends he shot Jackson, 26, in self-defense.
Dr. Kris Sperry, the chief medical officer of the Georgia Bureau of Investigation, told the Star that the autopsy report indicates that a “massive infection” occurred when holes in Jackson’s bowels were not properly sutured.
“What is being suggested in the report is that the doctor made a mistake. The holes were not closed properly. In my opinion, had the holes been closed, this would have been a survivable injury,” Sperry said.
Dr. William Dinkins, the attending physician when Jackson was taken to Good Samaritan Hospital in Selma, signed a death certificate listing the cause of Jackson’s death as “peritonitis,” an inflammation or infection of the abdominal cavity. “Gunshot wound of abdomen” is listed as a condition that gave rise to the peritonitis.
Dinkins, who is now dead, gave an interview in 1979 to a producer of the documentary film, “Eyes on the Prize,” in which he said another physician gave Jackson too much anesthesia during a second surgery and that Jackson died on the operating table, the newspaper reported.
“In my opinion, Jimmie Lee Jackson died of an overdose of anesthesia,” Dinkins is quoted as saying in a transcript of the interview, which was not used in the film. The Star obtained the transcript from the Washington University Film and Media Archive in St. Louis.
Legal experts contacted by the Star said the Dinkins’ interview probably would not be allowed as evidence but the autopsy report might. Sperry said even the autopsy report does not dispute the fact that Jackson needed medical care because he had been shot.
“It’s a tough defense to use, really,” Sperry said. “I mean, if he hadn’t been shot, he wouldn’t have been in the hospital, right? The shooting precipitated the event.”
District Attorney Michael Jackson, who brought the civil rights-era cold case against Fowler, agreed with Sperry’s assessment.
“If he wouldn’t have been shot, he wouldn’t have been in the hospital. What he died of, infection, whatever, it doesn’t change the fact the he was killed for no reason,” he said.
George Beck, Fowler’s attorney, viewed the autopsy as evidence for the defense.
“This report shows there was a botched medical procedure that led to the man’s death,” said Beck.
Judge: Civil rights-era murder case to be tried next spring
| 7/10/2007, 11:12 a.m. CDTBy BOB JOHNSONThe Associated Press |
MARION, Ala. (AP) — A former state trooper charged with murder in the 1965 shooting death of a black man at a civil rights protest likely will be tried next spring, the judge said Tuesday.
Circuit Judge Tommy Jones said he may set a trial date Friday in the case of James Bonard Fowler, 73, accused of fatally wounding Jimmie Lee Jackson when law officers disrupted a protest march in Marion on the night of Feb. 18, 1965.
Jackson’s killing led to historic voting rights protests at Selma. Fowler, a Geneva farmer who has pleaded not guilty and remains free on bond, contends he fired when Jackson tried to grab his gun during a struggle in a cafe, where a number of protesters had fled.
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Beck previously has filed motions to dismiss the indictment and, if a trial is held, to move it from Marion.
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Fowler is accused of shooting Jackson in Mack’s Cafe, where a number of people fled after troopers and other law officers broke up the protest. Witnesses said the officers were (allegedly) clubbing people in an out-of-control attack that continued into the cafe, where they said Jackson was trying to protect his mother and grandfather when he was shot.
Accounts by troopers say the crowd refused orders to disperse and, when the street lights suddenly went out, they were pelted by bricks and bottles.
Fowler has said he was assisting a trooper who had been struck when Jackson hit him on the head with a bottle. He said he fired the gun when Jackson tried to grab it.
Beck said he has asked that the charges be dismissed because some witnesses who could confirm Fowler’s account of what happened that night have died.
“My client is greatly prejudiced by the death of key witnesses,” Beck said.
The district attorney said he feels it’s important for the case to go to trial.
“This is the case that galvanized the civil rights movement on the voting rights issue,” Jackson said.
Jackson said he feels he has enough evidence to convict Fowler, despite the fact that the case is more than 40 years old.
“We have evidence to show this wasn’t an accident, this wasn’t self defense,” Jackson said.
Mexican envoy hits own policies
By Stephen Dinan and Jerry Seper
July 20, 2007
Mexico’s ambassador to the United States yesterday said previous Mexican officials made a “dumb mistake” by issuing comic books to aid illegal aliens crossing the border, and said his government cannot criticize U.S. treatment of illegal aliens as long as Mexico has harsh laws on its books.
“It’s very hard for Mexico to preach to the north what it does not do to the south,” Ambassador Arturo Sarukhan said in a meeting with editors and reporters at The Washington Times, referring to Mexico’s felony penalties for, and sometimes cruel treatment of, those caught crossing its southern border.
“Unless we correct the fundamental challenge of the violation of human rights of Latin American or Central American migrants crossing the border into Mexico, it’s very hard for me to come up and wag a finger and say you guys should protect the rights of my citizens in this country,” he said, adding that changes to the Mexican law are now pending.
Mr. Sarukhan, who presented his credentials as ambassador to President Bush in February, said his government is taking a new tack since the December inauguration of President Felipe Calderon, who has toned down the public relations push for an immigration bill in the United States and is instead trying to build infrastructure, combat corruption and create jobs to keep workers at home.
“The debate over immigration is an internal debate of the United States, and as such, I hope, this house noted a dramatic shift in the positioning of the Mexican government as of Dec. 1,” Mr. Sarukhan said. “I think the previous Mexican government did itself and those that believe in comprehensive immigration reform a lot of damage by the way it tried to position itself publicly in an internal debate in the United States.”
In particular, the ambassador criticized past moves to distribute materials aimed at helping illegal aliens safely cross the U.S.-Mexico border.
In 2005, the Mexican government’s foreign ministry distributed 1.5 million comic books giving tips to would-be migrants, and last year Mexico’s National Human Rights Commission planned to distribute maps to migrants showing water sites they could use during their crossing. The commission scrapped the plans after a U.S. protest.
“That was not my government, and I would say that in hindsight, or even without hindsight — I was consul general of Mexico in New York at the time these guidelines were delivered — and I saw this and I said, ‘What a dumb mistake,’ ” the ambassador said, adding that the human rights commission was a nongovernmental body.
“I don’t think that’s the way that you work synergistically with the United States to co-manage a very complex border.”
The new approach was apparent when Mr. Bush and Mr. Calderon met in Mexico in March, and the Mexican leader stressed trying to build new economic opportunities in Mexico as well as working with the U.S. to secure the border.
That’s not to say Mr. Calderon didn’t want Congress to pass Mr. Bush’s immigration bill, which would have created a new guest-worker program and given citizenship rights to the estimated 12 million to 20 million illegal aliens already here, a majority of whom are Mexicans. Mr. Calderon called the bill’s failure a “grave mistake.”
But Mr. Sarukhan said Mexican officials understand Americans’ trepidation and desire for a secure border, and he said they are well aware of the consequences if a breach of the U.S.-Mexican border were to be involved in a future attack on U.S. security.
“The day that happens, this relationship as we have known it, is over,” he said. “I would say Mexico and the United States are working extremely well in trying to ensure that border is not used to underpin or challenge the national security of the United States.”
He said leaders in both nations must work to convince their citizens of the importance and value of a good U.S.-Mexico relationship, and said the countries should search for a uniting factor similar to the way that ethanol is serving as the basis for closer ties to Brazil.
“There is a deep-seated fear in America today that their well-being, the well-being of Americans and their identity as a nation, and the impact of some of the effects of globalization, are making people scared,” he said.
Mr. Calderon serves one six-year term as Mexican president, and Mr. Sarukhan said he hopes to be able to show the U.S. Congress at the end of that time that immigration patterns have changed and workers are returning on their own to Mexico to start businesses and rejoin communities.
The ambassador said Mexico’s eventual goal is the same as that of the U.S.: “The end game for us, the Mexican government, is to ensure every single Mexican who crosses this border does so legally.”
Mr. Sarukhan, a former director of counternarcotics and law-enforcement issues, also said Mexico and the United States need to work together if they hope to better control the flow of drugs into the U.S. and cash and weapons into Mexico.
He described the fight against drug smugglers and organized crime gangs who have brought rampant violence to the U.S.-Mexico border as important to both countries, and said the United States must do its part to “roll back” drug consumption.
He defended remittances, the $23 billion sent back home by Mexicans working legally or illegally in the United States, saying they play “a key role in this stage of Mexican economic development.” He pointed to the role of remittances in other nations such as Ireland and Spain when those countries were trying to extend their links to the European Community.
But he said remittances are not the long-term solution for sustained growth in Mexico, particularly because it’s an indicator that many of Mexico’s best workers have fled the country to find jobs.
“No country can grow if it is not able to hold onto its women and men. Some of them, I don’t know if they’re talented or not, but they’re certainly bold,” he said.
