he was sentenced to 5 to 10 years at Menard. (50) During the years following his release from the penitentiary in February 1960, he worked as a bartender, as an employee of the Greyhound bus depot in Chicago, and as a greenskeeper at the White Pine Golf Course near Chicago. (51) In 1964 and 1965, he worked for brief periods in Florida and in the Catskill Mountains of New York. He then traveled to New York City, where he collected unemployment, and to the Chicago area, where he worked at various country clubs before his return to St. Louis in October 1966. (52) John had no formal employment in 1967, although he testified that he "believes" he was a painter then. (53) In January of 1968, he and his sister, Carol Pepper, opened and operated the Grapevine Tavern at 1982 Arsenal Street in St. Louis. (54) (a) Evidence of Ray's contact with his bothers, 1967–68 Since their first FBI interviews shortly after the assassination, Jerry and John Ray attempted to minimize the extent of their contact with their brother during the 14-month period from his prison escape to his arrest in London. On April 19, 1968, (55) Jerry told the FBI he had last seen James in 1964, but over the years he conceded this statement was false. Both Jerry (56) and James (57) told the committee of at least three meetings following James' escape from Missouri State Penitentiary. Two occurred while James was working at the Indian Trails Restaurant in Winnetka, Ill., from May 3 to June 24, 1967; the third came in August 1967 when James passed through Chicago on his way from Montreal to Birmingham and gave Jerry his 1962 Plymouth. Jerry Ray's testimony before the committee reflected at least "two or three" telephone conversations, the last coming during James' December trip to New Orleans: The last time I talked to him was about four months, approximately four months before King got killed, and I thought he was calling from Texas; but later he told me it was New Mexico. * * * [T]he call was under 3 minutes and just a friendly talk, you know, asking how my old man was and asking about Carol and John and everybody because I was the only contact he had with the whole family. (58) When he was interviewed by the FBI in April 1968, John Ray said he had last seen James "2 to 4 years ago" during a visit to Missouri State Penitentiary and that prior to that, he had not seen his brother for some fifteen years. (59) Unlike Jerry, John persistently adhered to his original claim. In fact, in testimony before the committee, he insisted, as he had before, that he had been totally unaware of his brother's escape from Missouri State Penitentiary until James was named on April 19, 1968, as the suspected assassin of Dr. King. (60) James also denied to the committee that he was in contact with John following his prison escape. (61) Despite the testimony of the Ray brothers, the committee was convinced that there was substantially more contact among them than they were willing to concede. First, the evidence indicated that the Ray brothers were close. Several Missouri State Penitentiary inmates interviewed by the committee, when asked about James' closest associates, could only recall that he often mentioned a brother. Some of them remembered that he referred to his brother as a resident of St. Louis. (62) The committee also interviewed inmate associates of Jerry and John. One who had known them both, Harvey Lohmeyer, confirmed that the Ray family was close. (63) 15 The best evidence of the close relationship between the Ray brothers came from John Ray himself, who was quoted in a June 9, 1968, article in the St. Louis Post-Dispatch: (64) John Ray said that he and another brother, Jerry, 32, Chicago, were the closest to James Ray *** in the family. "James would do anything for us, and we for him. But he wasn't particularly sociable with strangers," said Ray. In his appearance before the committee, John Ray was asked about the quote in the Post-Dispatch article: Congressman FITHIAN. Then could you share the truth with the committee as to whether or not that does reflect your feeling toward your brother in June of 1968? RAY. I already answered yes to that. (65) The committee took note of other factors that suggested the likelihood of contacts between Ray and his two brothers. For example, Ray acknowledged he had been in the St. Louis area, where John lived, twice soon after his prison escape. The first visit occurred right after he broke out of prison in late April or early May 1967; (66) the second was on a return trip after he quit his job in Winnetka, Ill. Ray, in fact, told the committee the purpose for the second visit was "to see some of my relatives down there," although he added, "I never did see them." (67) Further, throughout his fugitive period-in locations as varied as Montreal, Los Angeles and Birmingham-Ray talked of recent or intended contact with a brother. Finally, the committee found significance in the fact that James and John--both largely apolitical from all accounts and, as convicted felons, unable to vote-began to campaign actively on behalf of the American Independent Party's "Wallace for President" campaign at almost exactly the same time. James, as noted, worked for the AIP in California, and John was active in St. Louis, Mo., where his Grapevine Tavern served as a distribution point for campaign literature. The committee recognized that at the time of their initial interviews with authorities, John and Jerry Ray could well have chosen to conceal contact with their brother, even if innocent, in an attempt to protect him and avoid scrutiny during the assassination investigation. Another explanation, however, one that the committee deemed more credible, was that they were concerned with potential criminal liability stemming from contact with their brother. The committee found that the evidence established that John Ray had foreknowledge of his brother's escape from Missouri State Penítentiary. It was equally apparent that Ray was assisted by both Jerry and John following his escape, making them potentially responsible as accessories after the fact to both James' escape and his interstate flight. 15 Although James Earl Ray did not know Lohmeyer, he used his name (spelling it Lowmeyer) when he purchased the murder weapon in Birmingham. Finally, the committee received substantial evidence indicating that James and John were involved in the Alton bank robbery in East Alton, Ill., on July 13, 1967. It was also shown that Jerry Ray was aware of their participation in this robbery and helped to distribute the proceeds of the crime to James during his fugitive period.16 The evidence of Jerry Ray's actual involvement in that robbery was, on balance, insubstantial. 17 (b) Missouri State Penitentiary escape " James Earl Ray escaped from Missouri State Penitentiary on April 23, 1967, concealed in a box of bread in the back of a delivery truck. An investigation in 1967 concluded that Ray had escaped in a bread box, probably aided by at least one fellow inmate who placed bread on top of him. (68) Nevertheless, Ray asserted for years that he had escaped without assistance by scaling a prison wall. (69) Finally, in an interview with this committee in December 1977, Ray confirmed the accuracy of the official version. He admitted he left the prison in a delivery truck bound for a nearby prison farm and jumped out of the truck as it slowed for an intersection. Ray stated further that, while he planned the escape alone, he was assisted in executing the plan by two inmates. He refused to identify them. (70) Jerry Ray has, over the years, admitted meeting with James on at least three occasions during the weeks immediately following his escape from Missouri State Penitentiary. (71) On the last occasion, moreover, Jerry shared a room with James for one night in Chicago before putting his brother on a bus to Birmingham. (72) His involvement in facilitating James' interstate flight, therefore, seemed clear. John Ray, on the other hand, consistently maintained that he did not even know of the escape until after the King assassination. The committee's investigation, however, produced substantial evidence to contradict John's assertion. Certainly the strongest single piece of evidence before the committee indicating John Ray's foreknowledge of his brother's escape plans was found in the Missouri State Penitentiary visitor records. (73) These records indicated nine visits by John during James' incarceration. The last four occurred during the year prior to the escape-on July 10, 1966, November 13, 1966, December 20, 1966, and April 22, 1967. The final visit was of particular interest to the committee since it was made on the day before the escape. Given the relative sophistication of James' escape plans and the need for inside assistance from fellow inmates to cover him with bread and to load the box on the truck, the committee believed that the escape had been planned by the time of John Ray's visit. It seemed reasonable, therefore, to assume that a discussion of the break occurred during their meeting. This assumption was supported, the committee found, by Ray's admitted trip to St. Louis, John's home city, within a week of his escape. (74) During his testimony before the committee, John Ray was asked about the visits reflected in the prison records. His responses were 18 Both John and Jerry Ray denied any involvement with James in criminal activity, most notably his escape from prison and the bank robbery in Alton, Ill. In light of the assassination in Memphis on April 4, 1968, these denials might well have represented an effort to avoid admitting an association that eventually matured into murder. 17 The committee also investigated the Missouri State Penitentiary escape for evidence of official complicity in the assassination. (See Section II D, infra.) inherently incredible, excellent examples of the obstructionist posture John Ray assumed throughout the committee's investigation: STAFF COUNSEL. I have at this time introduced into the record MLK exhibit F-634, and I ask you whether this record accurately reflects the dates that you visited your brother, James Earl Ray, while he was incarcerated at the Missouri State Prison. RAY. I could not remember any dates. Chairman STOKES. Is the answer of the witness the fact that he does not recall those visits? RAY. No; I do not recall them. Chairman STOKES. Proceed * * *. STAFF COUNSEL Mr. Ray, I am particularly concerned with the last visit that is reflected on that record. That is the visit on April 22, 1967. That was the day prior to the escape of your brother from Missouri State Prison. I ask you at this time, do you have any recollection of visiting your brother James the day preceding his escape from the State prison. RAY. I do not have no recollection of that. STAFF COUNSEL. Do you have any reason to offer this committee at this time as to why this record before you would not be accurate? RAY. I did not say it wasn't accurate. I just said I don't recall visiting that certain day. (75). John Ray subsequently offered one explanation for the April 22, 1967, entry on the records: *** Jerry, my visiting pass, Jerry used it sometimes. I used it sometimes, and a guy named John Gawron, I believe, used it sometimes. (76) After investigation, the committee rejected this explanation. The committee questioned both James and Jerry Ray about the possibility that someone posing as John visited the prison on April 22, 1967. James indicated in an interview that one of his brothers, and probably John, was the visitor: John or Jerry, I'm not too positive now which one it was. 18 Jerry Ray, when questioned on the same matter, did not recall using another's pass, and he denied emphatically visiting James the day prior to his escape: RAY. I positively didn't visit him. That is a positive. STAFF COUNSEL. Do you know if your brother John vis ited him on that day? RAY. I don't know if John did. I know definitely I didn't. (79) 18 During the same interview, Ray insisted that he did not tell the brother who visited him of his planned escape. since "that would have been illegal." He continued: "I can't remember all what I to'd him, but I mean they all knew, both Jerry and John knew, that I was thinking about escaping. So, it wouldn't of been no revelation if I. if I would of mentioned something about escaping. But there was no pre-arranged deal where he would be outside waiting in front of the prison, and I'd jump out and jump in the car." (78) The committee found other evidence of John Ray's knowledge of, and participation in, Ray's escape and subsequent flight. In a letter to author George McMillan on March 5, 1973, John referred to the account of James' escape by Gerold Frank, the author of "An American Death": He [Frank] stated that Jimmy walked for days to get to St. Louis from Jefferson City when he escaped, when actually he had a car, and I.D. waiting for him in Jefferson City *** He also made a phone car [sic] to a certain party in St. Louis to come down, and fix his car. The person who went and help him, also is doing time now in a Federal prison for a charge that I expect is a frameup. (80) At the time he wrote the letter, John was serving time for a bank robbery conviction that he claimed was an FBI frameup.19 John allegedly made a similar admission to a longtime criminal associate of the Ray brothers, Walter Rife, who was incarcerated with him in Leavenworth during the early 1970's. In an unsworn interview with the committee, Rife stated that John told him that he had picked James up on a highway near Jefferson City following the escape. (82) The committee, however, found Rife's credibility on other matters highly suspect, and it gave little weight to this evidence.20 Further evidence of John's willing assistance to James' flight was found in the fact that James left the Missouri State Penitentiary with a social security number in the name of John L. Rayns, a number and alias previously used by John Ray. (83) During a committee interview, James described the number as: *** one of my brother's old social security numbers, John L. Rayns, I believe it was. I don't recall the social security number. I didn't have the card. I got the number off him. We interchanged these numbers all the time. He used them. I used them. So I used that social security number. (84) John Ray was questioned on James' possession of his social security number: Congressman FITHIAN. Now, my question is, did you, prior to James Earl Ray's escape from Missouri State Penitentiary, furnish James either with your social security card or your social security number? RAY. Well, it is possible. Sometime I might have gave him a number. But it is also possible he might have had the number because he remembered probably that number. I did not give him no social security card. I did not have one. (85) The evidence before the committee indicated John Ray had foreknowledge of his brother's prison escape. The evidence included: the Missouri State Penitentiary visitor records; the testimony of James that a brother, he believed John, was his visitor; John's letter to author George McMillan; John's alleged admission to Walter Rife; 19 John Ray told the committee in executive session that he fabricated this admission to McMillan, although he did acknowledge he was referring to himself when he wrote of a "certain party" who had been imprisoned in a "fameup." (81) 20 See textual footnote, Section II-B 5(e). |