For the most part, the jurors could not stand to look at him. They kept their eyes away from the spectators, and, for jurors, paid remarkable attention to the witnesses. However, one young lady, Sharon Culpepper, mother of twin boys, could not help herself. She glanced at Marvin repeatedly, and many times their eyes locked. He pleaded with her for justice.
Sharon Culpepper was the only one of the twelve who initially voted to convict. For two days she was verbally abused and harangued by her peers. They called her names and made her cry, but she doggedly held on.
The second trial ended with a jury hung eleven to one. The judge declared a mistrial, and sent everybody home. Marvin Kramer returned to Greenville, then to Memphis for more surgery. Clovis Brazelton made a spectacle of himself with the press. The district attorney made no promises of a new trial. Sam Cayhall went quietly to Clanton with a solemn vow to avoid any more dealings with Jeremiah Dogan. And the Imperial Wizard himself made a triumphant return to Meridian where he boasted to his people that the battle for white supremacy had just begun, good had defeated evil, and on and on.
The name of Rollie Wedge had been uttered only once. During a lunch break in the second trial, Dogan whispered to Cayhall that a message had been received from the kid. The messenger was a stranger who spoke to Dogan's wife in a hallway outside the courtroom. And the message was quite clear and simple. Wedge was nearby, in the woods, watching the trial, and if Dogan or Cayhall mentioned his name, their homes and families would be bombed to hell and back.
Chapter 3
RUTH and Marvin Kramer separated in 1970. He was admitted to a mental hospital later that year, and committed suicide in 1971. Ruth returned to Memphis and lived with her parents. In spite of their problems, they had pressed hard for a third trial. In fact, the Jewish community in Greenville was highly agitated and vocal when it became apparent that the district attorney was tired of losing and had lost his enthusiasm for prosecuting Cayhall and Dogan.
Marvin was buried next to his sons. A new park was dedicated to the memory of josh and John Kramer, and scholarships were established. With time, the tragedy of their deaths lost some of its horror. Years passed, and Greenville talked less and less about the bombing.
Despite pressure from the FBI, a third trial did not materialize. There was no new evidence. The judge would no doubt change venue again. A prosecution looked hopeless, but still the FBI did not quit.
With Cayhall unwilling and Wedge unavailable, Dogan's bombing campaign fizzled. He continued to wear his robe and make his speeches, and began to fancy himself as a major political force. Journalists up North were intrigued by his blatant race-baiting, and he was always willing to put on his hood and give outrageous interviews.
He was mildly famous for a brief period, and he enjoyed it immensely.
But by the late 1970s, Jeremiah Dogan was just another thug with a robe in a rapidly declining organization. Blacks were voting. The public schools were desegregated. Racial barriers were being struck down by federal judges throughout the South. Civil rights had arrived in Mississippi, and the Klan had proven pitifully inept in keeping Negroes where they belonged. Dogan couldn't draw flies to a cross-burning.
In 1979, two significant events occurred in the open but inactive Kramer bombing case. The first was the election of David McAllister as the district attorney in Greenville. At twenty-seven he became the youngest D.A. in the state's history. As a teenager he had stood in the crowd and watched the FBI pick through the rubble of Marvin Kramer's office. Shortly after his election, he vowed to bring the terrorists to justice.
The second event was the indictment of Jeremiah Dogan for income tax evasion. After years of successfully dodging the FBI, Dogan got sloppy and ran afoul of the IRS. The investigation took eight months and resulted in an indictment that ran for thirty pages. According to it, Dogan had failed to report over a hundred thousand dollars between 1974 and 1978. It contained eighty-six counts, and carried a maximum of twenty-eight years in prison.
Dogan was dead guilty, and his lawyer (not Clovis Brazelton) immediately began exploring the possibility of a plea bargain. Enter the FBI.
Through a series of heated and angry meetings with Dogan and his lawyer, a deal was offered by the government whereby Dogan would testify against Sam Cayhall in the Kramer case, and in return he would serve no time in jail for tax evasion. Zero days behind bars. Heavy probation and fines, but no jail. Dogan had not spoken to Cayhall in over ten years. Dogan was not active in the Klan anymore. There were lots of reasons to consider the deal, not the least of which was the issue of remaining a free man or spending a decade or so in prison.
To prod him along, the IRS attached all of his assets, and planned a nice little fire sale. And to help with his decision, David McAllister convinced a grand jury in Greenville to indict him and his pal Cayhall once again for the Kramer bombing.
Dogan caved in and jumped at the deal.
* * *
After twelve years of living quietly in Ford County, Sam Cayhall once again found himself indicted, arrested, and facing the certainty of a trial and the possibility of the gas chamber. He was forced to mortgage his house and small farm to hire a lawyer. Clovis Brazelton had gone on to bigger things, and Dogan was no longer an ally.
Much had changed in Mississippi since the first two trials. Blacks had registered to vote in record numbers, and these new voters had elected black officials. All-white juries were rare. The state had two black trial judges, two black sheriffs, and black lawyers could be spotted with their white brethren roaming the courthouse hallways. Officially, segregation was over. And many white Mississippians were beginning to look back and wonder what all the fuss was about. Why had there been such resistance to basic rights for all people? Though it had a long way to go, Mississippi was a far different place in 1980 than in 1967. And Sam Cayhall understood this.
He hired a skilled trial advocate from Memphis named Benjamin Keyes. Their first tactic was to move to dismiss the indictment on the grounds that it was unfair to try him again after such a delay. This proved to be a persuasive argument, and it took a decision by the Mississippi Supreme Court to settle the matter. By a vote of six to three, the court ruled that the prosecution could proceed.
And proceed it did. The third and final trial of Sam Cayhall began in February of 1981, in a chilly little courthouse in Lakehead County, a hill county in the northeastern corner of the state. Much could be said about the trial. There was a young district attorney, David McAllister, who performed brilliantly but had the obnoxious habit of spending all his spare time with the press. He was handsome and articulate and compassionate, and it became very clear that this trial had a purpose. Mr. McAllister had political ambitions on a grand scale.
There was a jury of eight whites and four blacks. There were the glass sample, the fuse, the FBI reports, and all the other photos and exhibits from the first two trials.
And then, there was the testimony of Jeremiah Dogan, who took the stand in a denim workshirt and with a humble countenance solemnly explained to the jury how he conspired with Sam Cayhall sitting over there to bomb the office of Mr. Kramer. Sam glared at him intensely and absorbed every word, but Dogan looked away. Sam's lawyer berated Dogan for half a day, and forced him to admit that he'd cut a deal with the government. But the damage was done.
It was of no benefit to the defense of Sam Cayhall to raise the issue of Rollie Wedge. Because to do so would be to admit that Sam in fact had been in Greenville with the bomb. Sam would be forced to admit that he was a coconspirator, and under the law he would be just as guilty as the man who planted the dynamite. And to present this scenario to the jury, Sam would be forced to testify, something neither he nor his attorney wanted. Sam could not withstand a rigorous cross-examination, because Sam would be forced to tell one lie to cover the last.