Sunday, July 01, 2007

The FBI, The Religious Right and the Murder of Athiest Organizer Madalyn Murray O'Hair

The Life and Death of Madalyn Murray O'Hair

Inform an American over a certain age that you are writing a history of disbelief and, likely as not, they'll ask about: Madalyn Murray O'Hair. For much of the second half of the 20th century, this dedicated, gutsy, combative woman -- more firebrand than intellectual -- was the public face of atheism in the United States. She was the opposite of prim and proper. She led a cause before women were leading many causes and stood up to religion at a time when it was dangerous to stand up to it, earning the description: "most hated woman in America."

Murray O'Hair was a plaintiff in an important school prayer case. She founded the organization American Atheists. There is a picture of her picketing the White House in 1982 with a quote from my hero Charles Bradlaugh.

However, things got sordid and tragic in a way they did not with, say Bertrand Russell, who may have been the international face of atheism in those years. One of Murray O'Hair's sons found Jesus and denounced his mother for all sorts of deviltry. And in 1995 Madalyn Murray O'Hair plus another son and a granddaughter (both involved in the movement) disappeared, along with a lot of money. For a long time the authorities thought they had run off to New Zealand -- atheists presumably being prone to such behavior. Eventually their murderers were arrested (Murray O'Hair liked to hire ex-cons) and the bodies were found. ...
http://www.futureofthebook.org/mitchellstephens/archives/2006/04/madalyn_murray_1.html

Barbara Smoker, then president of National Secular Society (UK) with Madalyn Murray O' Hair in front of the Helsinki head quarters of Union of Freethinkers (Finland)

http://eyetrack.morris.com/story_pages/5_a/01.shtml

It was 1965, two years after the Supreme Court had used Madalyn Murray's Baltimore lawsuit (plus a Pennsylvania one) to strike down school prayer. Murray was on the lam from charges growing out of a tussle with Baltimore police. In Mexico, she met Richard O'Hair. Later that year they married in Texas. The bridegroom, in Dracos' telling, was "more motivated by cash and duty-to-country than carnal desire." O'Hair had once "spied on left-wing groups for the FBI." Now, "what better way was there for the G-men to keep tabs on a possible atheistic menace to the American Way of Life than to have one of its own guys marry the subversive threat?" The author repeats the point several times, sometimes leaving wiggle room ("[t]his may have been the vital mission of Richard O'Hair") and sometimes asserting it outright (O'Hair got married "mainly to stay on the FBI's informant payroll"). Dracos never identifies his source, though he mentions "a wealth of data" that the FBI released under the Freedom of Information Act.

If Dracos is right, FBI officials were so apprehensive about the atheist leader that they monitored her bedroom and not with a listening device but with an undercover operative. This would have been no quickie seduction-for-secrets, either: The Murray-O'Hair marriage, though rocky at times, lasted from 1965 until O'Hair's death in 1978. For her part, Madalyn Murray was the veteran of a brief marriage in the 1940s and a string of short-term affairs. How poignant if J. Edgar Hoover turned out to be the matchmaker behind the longest relationship of her life. Just one problem with this informant-at-the-altar allegation: It's flatly contradicted by the FBI's own files on Richard O'Hair, which I recently got through a FOIA request and appeal. True, O'Hair had once been an FBI informant. In the 1940s, he spent four years as a card-carrying Communist in Detroit while reporting to FBI agents. He named nearly 100 party members in a public (and publicized) hearing of the House Un-American Activities Committee in 1952. But his 1940s association with the FBI didn't extend to 1965. By then, far from being one of the bureau's "own guys" or on the "informant payroll," Richard O'Hair was persona non grata at FBI headquarters˜a pest, a liar, and even a potential defendant.

The newly released FBI documents include a letter to J. Edgar Hoover dated Oct. 23, 1965, a few days after O'Hair and Murray's wedding. A concerned citizen, name redacted, reported that Richard O'Hair, "claiming to be an F.B.I. agent," had acted "against the interests of the United States": He had helped Madalyn Murray, "the notorious communist and atheist" and "fugitive from American justice," hide out in Mexico and then had married her. "Agent O'Hair," it seemed, was embellishing. "O'Hair is not and has never been an employee of this Bureau," Hoover declared in a mid-1966 memo. If not an FBI employee, was O'Hair still an informant, as Dracos contends? Nope: "In the past several years O'Hair has written a number of letters offering to be of assistance, but the field has been instructed not to utilize him as an informant. In 1962 it was recommended and approved that we not acknowledge further letters of O'Hair."

O'Hair's tall tales were potentially felonious˜impersonating an FBI agent is a federal crime˜and Hoover ordered an investigation. Field agents interviewed a man who had known O'Hair in Mexico in 1964-65. According to this source, O'Hair once displayed two FBI IDs bearing his photo, one in his name and the other in the alias "Charles King." He also "talked for hours about having been an FBI Agent, telling about working in a post office opening letters in mail drops in order to track down Communists." He claimed to have spied for Interpol and the CIA, too. And he said he had a metal plate in his head. The FBI misrepresentations had occurred outside the United States, so Hoover decided not to call in the prosecutors. He did instruct agents in Austin, Texas, where O'Hair and his atheist wife were living, to have informants "advise the Bureau promptly should any information be received indicating that O'Hair is attempting in any way to pass himself off as a Bureau representative or as a Government employee." Unable to attract the FBI's attention, Richard O'Hair tried to make himself useful to other branches of law enforcement. In 1966, he told Austin police that a socialist organization wanted to use his wife's printing press, and the cops forwarded the tip to the FBI. (Years later, Jack Anderson got a copy of the FBI report and sent it to Madalyn Murray O'Hair.) Through that bank shot, Richard O'Hair became an FBI informant one more time. Of course, there's no telling what's in the FBI's still-secret files on the feisty atheist-anarchist-feminist-integrationist-internationalist (and 1995 murder victim). But the materials released thus far indicate that UnGodly is wrong: Richard O'Hair, Communist for the FBI in the 1940s, wasn't a husband for the FBI in the 1960s. By then, he couldn't even get the G-men to answer his letters.
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O'Hair Military Intelligence Background

Who was Madalyn Murray O’Hair?

She was the outspoken, profane atheist leader who was catapulted to notoriety when her 1963 US Supreme Court lawsuit removed forced prayer and Bible reading from the public schools of the nation. She went on to file scores of church-state separation lawsuits over the next 32 years while building her multi-million dollar American Atheists organization in Austin, Texas.

One of the things that struck me in reading your book was how much of her public life was filled with lies - lies about her family, her background, the organization’s finances, etc. In this era of Karl Rove, I don’t think she would last a week under the scrutiny of today’s conservative right. What were some of her deceptions, and do you agree that she could not get away with it today?

In the Army during World War II, Madalyn saw how information from the front was manipulated to present the face of war the Army wanted presented. She used that technique herself later to tell supporters about the persecution she was undergoing from the religious community, to get them to send more money. ...
http://calitreview.com/2007/04/03/an-interview-with-biographer-ann-seaman/
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http://www.book.nu/0743228332

Divine Irony

Madalyn Murray O'Hair was ironically born on April 13, 1919 on Easter Sunday, a high holy day on the Church Calendar. By her own account, she had an "atheist epiphany" while reading the Bible at age 12 or 13 wherein she dismissed it as being implausible and declared herself to be an atheist to the world at large. In yet another stroke of irony, O'Hair enrolled at Ashland College where chapel was mandatory. She graduated in 1948.

At that time she moved to Texas from her native Ohio and enrolled in law school. She graduated with a law degree in 1952, but failed the Bar exam. She by then had a son out of wedlock named William Joseph Murray III. He was born on May 26, 1946.

In 1954, she had a second son whom she named Jon Garth. She never identified Jon's father by name, but described him in extremely bawdy terms. She raised both sons to be atheists and on October 12, 1960 she was irate when her older son's principal told her that all pupils had mandatory prayers in school each morning. By November 2, 1960 her older son publicly refused to pray.

William seemed destined to follow the atheistic path laid out for him and in early 1964 he married a woman from a Jewish family. Naturally that did not sit well with Madalyn Murray O'Hair and marital discord soon ensued. The discord escalated to domestic abuse. When Madalyn's only grandchild, Robin, was born on February 16, 1965 her son's marriage was more or less over.

During 1964-1965 the O'Hairs moved frequently. William was arrested in 1964 because his wife Susan was under the legal age for marriage. Madalyn Murray O'Hair fought with the arresting officers and she herself faced charges. On May 26, 1964 William's father-in-law filed criminal charges against him. The irony of William's being busted on his birthday was not lost on the irate Madalyn Murray O'Hair. It was during this period that she was described as one who "craved to induce chaos."

Shortly after his release, William, his wife, brother and mother fled to Hawaii where Madalyn found her niche there on Atheist Radio, spewing out her inflammatory brand of atheism. The program prided itself on granting "free time to opposing viewpoints" under the Fairness Doctrine. By August of 1964 the O'Hairs were extradited to Maryland.

By early 1965, O'Hair had found an offshoot to express her atheism. She became involved with a Reverend Rhinehart who was an avid mystic. In May of 1965 she flew to San Francisco to dodge law enforcement and by that summer was involved in the disastrous Blake College project. By August of 1965, her older son bought an exit letter to leave Mexico where he was then staying. O'Hair was busted during this period and was sent to San Antonio, Texas and was later extradited to Maryland. She served 31 days and was released by an atheist judge. On October 22, 1965 the charges against O'Hair were dropped.

On November 6, 1967 she appeared on the popular talk show hosted by Phil Donahue. She became infamous for her liberal use of expletives, blasphemy and invectives. During commercial breaks, she shocked the audience with her incindiary diatribes against religion.

A shrewd person, O'Hair had managed to convince a number of people to will all of their worldly possessions to her. Larry Flynt, an infamous porn mogul described her as being the most brilliant person he knew and gave her $300 million.

In yet another stroke of irony, O'Hair's oldest son had a religious epiphany and became a Christian in the 1970s. He claimed to have had a vision of an Angel with a sword and Bible. In 1982 he wrote a book about his road to Christianity. Jon, however, remained an atheist. Ironically, Robin remained an atheist as well.

On February 2, 1993 a David Waters answered an ad in a Texas newspaper for a job as office manager of the Atheist Headquarters. A man with a criminal background, Waters allegedly skimmed funds and O'Hair's son Jon received a New York bank notice that $70,000.00 bearer bonds had been issued, but were missing. By March of 1994 all of the Headquarter's accounts were liquidated and Jon tracked a trail of forged checks Waters had cashed.

The last known photograph of O'Hair was taken on August 11, 1995 and a notice was sent throughout the Atheist community that O'Hair would return on September 15. For three years the Atheist community claimed O'Hair was returning. Legal authorities felt differently and on October 2, 1998 an auction was held in the O'Hair home in Austin, Texas. Diaries Madalyn Murray O'Hair had written from 1959-72 were found. A series of diaries covering the 1989-95 period were missing and on January 31, 1999 an IRS auction was held to conclude the dispersal of her possessions.

O'Hair, son Jon and granddaughter Robin were found on January 27, 2001, charred in a field. David Waters was sentenced for their murders on March 30, 2001.

As a Christian, I could not support O'Hair or anything she stood for. Although I was quite repelled by O'Hair, her blasphemy and conduct, I found the book interesting and informative. I also found her decision to hire Waters unsettling and a sad end to a sad road traveled.

=========
http://thehormoneshop.org/progesterone&vitamine.htm

Raymond Peat received his PhD in Biology from the University of Oregon, specializing in physiology. He has written Mind and Tissue, Progesterone in Orthomolecular Medicine, Generative Energy, and Nutrition for Women, besides articles in journals. He has taught at the University of Oregon, Urbana College, Montana State University, National College of Naturopathic Medicine, Universidad Veracruzana, and the Universidad Autonoma del Estado de Mexico, and founded Blake College, International University. He does independent research and private endocrine and nutritional consulting.

======
Raymond Franklin Peat

Birth: October 12, 1936 in Santee, California, United States
Occupation: Endocrinologist, reseracher, consultant
Source: Marquis Who's Who TM. Marquis Who's Who, 2004.

Source Citation

Family: s. Sidney Howe and Lou Ella Vernelia (Osborn) P. Education: BS, So. Oreg. Coll., 1956; MA, U. Oreg., 1960; PhD, U. Oreg., 1972; DLitt, San Gabriel Coll., 1961. Addresses: Home, PO Box 5764, Eugene, OR, 97405-0764.

Positions Held: dir. rsch., Kenogen, Inc., Eugene, Oreg., 1982; prof. biology, U. Veracruz, Jalapa, Mex., 1979-80; instr., Nat. Coll. Naturopathic Medicine, Portland, Oreg., 1976-79; founder, pres., Blake Coll., Internat. U., Mexico City, 1960-65. Career-Related: cons. alternative coll. programs, 1963-68, med. and psychiat. continuing edn. programs, Calif., Oreg., Wash., 1974-94.

Author: Mind and Tissue, 1975, Generative Energy, 1991; patentee progesterone composition and treatment, DHEA arthritis treatment.

This individual's biographical profile has been published in the following Marquis publications: Who's Who in the West ®, 27th edition

Copyright (c) 2004 REED ELSEVIER INC. ALL RIGHTS RESERVED. Published by Marquis Who's Who.

SOURCE CITATION
"Raymond Franklin Peat." Marquis Who's Who TM. Marquis Who's Who, 2004.
Reproduced in Biography Resource Center. Farmington Hills, Mich.: The Gale Group. 2004.

http://www.albion.com/blake/archive/volume1999/15.html
Subject: Re: For Raymond Peat...
Date: Mon, 01 Mar 1999 10:55:49 -0800
From: Raymond Peat
To: blake@albion.com

["And was Blake as much of a "Christian" as much as
*used* the religion that his country-men and women understood, and which
also happened to be conquering the world, for more subversive themes,
himself?"]

I think the ramifications of that insight are very far-reaching and
important. It's hard for many intellectual types to see that whole
idea-complexes, as well as particular words, can be "used" creatively or
for oppression and manipulation.

The reason I jumped from Blake to Lenin is that I think Marx was only
abstract and sketchy in the way he revealed the theological idealism hidden
in the various philosophies, but Lenin in his notebooks prophetically and
concretely showed the fallacies that were repeated endlessly in 20th
century philosophies of science, positivism, language philosophy, etc.
Either people don't read Lenin's philosophical work, or they are so trapped
in their theologies of "pure science" and other abstract systems that they
can't respond in any way to his powerful analysis. I think that's why
people don't talk about Blake's highly analytical revelations of the
philosophical self-contradictions of the big-shots, it's the deep
neokantianism that rules the official mental life at present.

As a biologist, I think Blake "used" the images of "a world all alive" as a
fiendishly clever way to by-pass the dogmatic abstractions that ruled
philosophy then as now. I think this philosophical condition accounts for
the horrifying oppression that "vitalism" and "Lamarckism" have suffered.
With Vernadsky and Hoyle, et al., I am inclined to believe that at least in
an abstract and general sense, the universe is alive, but the "use" that
Blake made of that idea was, I think, possibly the most intelligent
philosophical act ever.

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http://crimemagazine.com/ohair.htm

The Murder of Madalyn Murray O'Hair:
America's Most Hated Woman

by Lona Manning

"There is no God. There's no heaven. There's no hell. There are no angels. When you die, you go in the ground, the worms eat you."

-- Madalyn Murray O‚Hair

When David Travis arrived for work on Aug. 28, 1995 at the headquarters of American Atheists in Austin, Tex., he knew something was wrong: The door was locked and a note was posted on it: "The Murray-O'Hair family has been called out of town on an emergency basis. We do not know how long we will be gone at the time of the writing of this memo."

As Travis, a 50-ish former Army sergeant, stood there reading the note, he felt the anger welling up. He couldn‚t say he was surprised that his employers were gone, and by the looks of things, so was his job as a proofreader. He‚d been suspicious that the Murray-O‚Hairs were up to something ever since he had opened a letter from New Zealand last spring and discovered a bank statement for an account he had never heard of, for almost a million dollars. And this was when Madalyn Murray O‚Hair, his cantankerous boss, was always crying the blues about money and warning him that she might not be able to meet payroll.

O‚Hair was always extremely secretive about the financial affairs of American Atheists, which she had founded in 1963 and dominated ever since. All financial records were kept locked up in a little room away from prying eyes. Recently, a seven- foot chain linked fence, topped with cyclone wire, had been built around the property, a fitting emblem of O‚Hair‚s siege mentality. According to her, the world was a hostile place, particularly toward atheists. She and her family had been persecuted for 35 years for their courageous stand for the separation of church and state. But lately, as her health declined, and with it her energy and combative spirit, O‚Hair had been known to talk about getting away from it all.

As August turned into September, there was still no sign of the Murray O‚Hairs: the grandmother and matriarch of the clan, Madalyn Murray O‚Hair, her son Jon Garth Murray, 40, and her granddaughter Robin, 30. (Robin was the daughter of another son, Bill Murray, who hadn‚t spoken with his mother, brother or his daughter in years.) The American Atheist organization was headed by a five-person board of directors, but the day-to-day operations had been entirely in the hands of the O‚Hair trio of mother, son and granddaughter, who were lifetime members of the board and who alternated the roles of president, secretary and treasurer. When board members Spike Tyson, a Vietnam veteran, and Ellen Johnson, a Vermont housewife and O‚Hair loyalist, visited the offices and the O‚Hairs‚ home, the mystery deepened.

At the house the Murray-O‚Hairs all shared, there were no signs of violence, no burglary, no forced entry -- yet it was clear that they had left abruptly. Breakfast dishes were sitting on the table. Madalyn O‚Hair‚s diabetes medication was on the kitchen counter. And most telling of all, their three little ankle-biting dogs, to which they were devoted, had been left behind with no one to care for them.

The Murray-O‚Hairs‚ lives revolved around the atheist movement and each other. They lived together, ate together, vacationed together, and worked together. Now they had disappeared together.

America's Most Hated Woman

Of all the media descriptions of Madalyn O‚Hair written when news of her disappearance came to light, she would have been most angered by the suggestion that she had slid into "obscurity" since her heyday in the early '60s. The reports noted that O‚Hair was brash, profane and vulgar, that she had a reputation for being abrasive and turning friends and allies into enemies, that she was notoriously tight-fisted and always looking for ways to enrich her empire -- all of those things she might have agreed with. But the idea that she had been passed over, forgotten, returned to anonymity after her brush with fame and destiny -- that would have rankled. She was "America‚s most hated woman," as she liked to remind herself and others, and she preferred being hated to being a forgotten has-been.

She became America‚s most hated woman in 1963, when her lawsuit protesting school prayer reached the U. S. Supreme Court. Photographs show Madalyn standing on the steps of the high court with her two sons, Jon Garth, then 9, and Bill, 16. She is smiling, hovering lovingly over her boys, and respectably attired with a demure hat and gloves. But the conventional-looking matron was -- unthinkably for the early '60s -- a divorcee and an avowed Communist with two illegitimate sons, sired by two different fathers.

The Supreme Court decision banning prayer in school enabled Madalyn to throw off the bondage of poverty and anonymity and gave her life a direction and a purpose. First though, she had to settle that bit of legal trouble with the Baltimore police -- she was accused of assaulting five officers when they came to her home to retrieve a runway teenager. (The teen was a girlfriend of Madalyn‚s oldest son, Bill). Madalyn and her family escaped to Hawaii, then Mexico. After successfully resisting an extradition order to Maryland, she settled in Texas, where she preached the gospel of the separation of church and state.

Along the way, she created her own persona -- the atheist crusader who suffered persecution at the hands of Christians and the government. She blamed her father‚s fatal heart attack on the constant vandalism, the threatening phone calls, and the abusive mail the family received. But her fame brought her a platform and an unexpected source of income. Her admirers and supporters started sending her checks and she became a provocative talk-show guest, her radical utterances causing Johnny Carson's jaw to drop.

Atheists, she explained, believed in the rational powers of mankind, not in some superstitious mumbo-jumbo that taught people to be content with the status quo. An atheist, O‚Hair said, "accepts that a hospital should be built instead of a church. An atheist accepts that a deed must be done instead of a prayer said." She knew the Bible better than many Christians and enjoyed pointing out the cruelty and caprices of the Old Testament Jehovah, as well as the sideshow carnival nature of Jesus‚ supposed miracles. Why did the Christian God, she asked, merit anyone‚s respect or reverence?

But Madalyn, always combative, didn‚t stop there. She delighted in insulting Christians and Christianity and preaching free love and open sexuality for all. She described nuns, for example, as "poor old dried-up women lying there on their solitary pallets yearning for Christ to come to them in a vision some night and take their maidenheads. By the time they realize he's not coming, it's no longer a maidenhead; it's a poor, sorry tent that nobody would be able to pierce -- even Jesus with his wooden staff. It's such a waste." Her unabashed vulgarity was too much for some of her fellow atheists, who preferred a more diplomatic approach. But not Madalyn. "I love a good fight," she said. "I guess fighting God and God's spokesmen is sort of the ultimate, isn't it?"

But in 1980, on Mother‚s Day, there came a horrible blow -- her oldest boy Bill "came out" as a Christian. And not a nominal, go-to-church-at-Easter Christian, either, but a foursquare, evangelical, come-to-Jesus, pass-the-plate, full-gospel Baptist. As a child, he wanted what all children want, his mother‚s love and approval. As an adult, battling an alcohol and drug problem, he realized that Madalyn was unfortunately one of those people who couldn‚t even conceive of her children as separate human beings in their own right. Her children were merely extensions of her ego, and her regard for him, or for anyone, depended on how completely they obeyed her every command.

For years, Madalyn had referred to Bill as the reason she picked up the cudgels to banish prayer from the schoolroom. She wrote heart-rending articles about how the other kids beat Bill up at school and ostracized him because of his beliefs. But looking back, Bill Murray felt that when he stood there on the Supreme Court steps, he was just being used as a prop in his mother‚s battles against everything she hated in bourgeois America. It took all of his pent-up anger to wrench himself free of her orbit and having done so, all communication between them ceased. His prediction that his mother would sever all ties with him was abundantly fulfilled -- O‚Hair cast him into the void with this cutting remark: "One could call this a postnatal abortion on the part of a mother, I guess; I repudiate him entirely and completely for now and all times...He is beyond human forgiveness." This denouncement demonstrated how she almost viewed herself as the god of her own universe; it was her prerogative to grant her children absolution, or even life itself.

To the evangelical movement, Bill Murray's conversion must have seemed -- literally -- heaven-sent. Many Christians and conservatives believe that the banning of school prayer marked the beginning of America‚s decline into immorality and crime and Murray, from his vantage point at the center of the drama, agreed with them. "In the three decades since this landmark case, the nation has lost its moral center," he wrote. "Violent crime has increased from 16.1 to 75.8 incidents per 10,000 population. Juvenile violent crime arrest rates have increased from 13.7 to 40 per 10,000 population. Teen pregnancy has almost tripled from 15.3 to 43.5 per 1,000 teenage girls. Almost half of these pregnancies end in abortion. For a startling 28 percent of all live births in America today, the mothers are unwed. The teenage suicide rate has increased 400 percent since 1963."

"I was part of the family that kicked God out of America," Murray tells his audiences today at his evangelical fundraising events. "I know the truth better than any man in America. That is why God picked me to tell it."

In an atheist universe, there are no gods to roll around on the floor of Olympus or Valhalla, laughing at irony. Madalyn Murray O‚Hair carried on without her son Bill and relied on her younger son Jon Garth Murray and her granddaughter Robin to carry the atheist torch. Unfortunately, Jon Garth Murray was not well liked by the American Atheist headquarters staff or others he came into contact with. Some diplomatically recalled that he lacked social skills. The undiplomatic said he was a neurotic, immature, mama‚s boy with a penchant for screaming abuse at people, and that he was generally despised.

"I almost quit my first week there when I heard Jon screaming at his mother with a bunch of profanity," employee Travis recalled. "I just wasn't brought up to talk to my mother that way, but I later came to realize he talked that way because that's the way she taught him to talk."

Robin, too, lived in her powerful grandmother‚s shadow. She had been given up by Bill Murray (her mother was never mentioned) when he was a drug addict, and O'Hair had legally adopted her. Observers say that although Robin was more pleasant in general than her Uncle Jon, she was seldom happy and that she, too, tended to belittle the staff, just like O'Hair. This is one reason, her estranged son Bill Murray suggested, that Madalyn O'Hair sometimes hired ex-cons to do the office work; they were anxious to find work anywhere and therefore were more liable to put up with the sarcasm, the verbal abuse, and the low pay.

A Fateful Hire

Or maybe O‚Hair, a rebel herself, was drawn to those who lived outside the law. Whatever the reason, she hired ex-con David Waters in 1993, and at first it looked like a good choice for both of them.

Waters, in his 40s, was a slick-looking man with the piercing eyes of a fox. O‚Hair knew he had a criminal record but she later claimed she didn‚t know just how bad it was. At first the O‚Hairs only knew that their new office manager was obviously intelligent and well spoken and capable of more than working as a $7 dollar-an-hour typesetter. By the spring of 1995 he served as their office manager. During his tenure, an expensive computer went missing. Later, some valuable bonds were stolen from the office safe. The O‚Hairs suspected that the thefts were an inside job, but still, they entrusted Waters with the bank accounts and the keys while they went to California for a long-running legal dispute with another atheist organization.

When they returned, they discovered their office manager had laid off all the staff, closed the office, and emptied their bank accounts -- over $50,000 dollars. Furious, the O‚Hairs pressed charges, and waited impatiently for the case to come to trial. Meanwhile, as O‚Hair explained in her newsletter:
On May 2, Mr. Waters executed an affidavit which was delivered to law enforcement officials. The Murray-O'Hairs were not advised about this affidavit for months ˜ until August 23, 1994. Meanwhile, it had been accepted at face value by all concerned. This was, actually, an incredible document. It stated that Jon Murray had called Mr. Waters from San Diego, advised that the trial was very adverse to American Atheists, and instructed Mr. Waters to steal up to $100,000 by cashing the organizations' checks, retain $15,000 for his "services," and put $40,000 in cash in the office safe for Mr. Murray. The absurdity of the affidavit should have been immediately apparent to all; after all, the San Diego hearing had been decided favorably for American Atheists and the Murray-O'Hairs. It did, however, bring out the true nature of the police and judicial system of the city of Austin, the county of Travis, and the state of Texas. An accusation had been made against a nationally known Atheist (Jon Garth Murray) and, simply because he was an Atheist, the accusation was seen to be plausible immediately, by everyone. The defense plan∑was obvious: use the hatreds inherent in a Christian political system to smear the Atheist victim of a crime ˜ and go free...If Mr. Waters had stolen this amount of money from any church, or had invaded the home of any minister, he would have been arrested within hours, tried and convicted within days, and would even now be serving a term in the Texas state penitentiary.
And, considering Waters‚s extensive and serious criminal record, there seemed to be no urgency on the part of the prosecutors to bring him to trial. As Madalyn O‚Hair recounted:
On July 21 (1994), the case was set for hearing in the 147th District Court of Travis County:
called, then postponed to August 22,
called, then reset for September 9,
called, then reset to September 15,
called, then reset to October 3,
called, then reset to October 17,
called, then reset to November 7,
called, then reset to December 5,
called, then reset to January 23, 1995,
called, then reset to February 6,
called, then reset to March 13,
called, then reset to April 10,
called, then reset to April 24,
called, then reset to May 18,
called, then reset to May 22.

On two of these occasions, Mr. Waters's attorney did not even bother to come in to court, but the trial was set over each time anyway.

Unhappy with the lenient sentence Waters ultimately received -- probation and an order to pay back the money -- Madalyn O‚Hair decided to expose him by writing a lengthy article in her atheist newsletter (quoted in part above). She indulged her anger with a lengthy diatribe, laying out Waters‚s criminal record and revealing him to be a cold-blooded animal. She reported that while he was still a teenager that he had killed another boy by beating him with a post and leaving him in a ditch. Once out of jail, he turned on his own mother, beating her, screaming abuse at her, and finally urinating in her face. More convictions for theft, assault and fraud followed. O‚Hair concluded that Waters was a dangerous person and that the courts were indifferent to prosecuting him as he deserved to be -- because he had stolen from atheists.

The Phone Contact Stops Abruptly

When American Atheists board members Spike Tyson and Ellen Johnson finally made contact with Jon Garth Murray in San Antonio via his cell phone in early September a few days after their disappearance, he repeated that the family had been called away on urgent business, but refused to provide details. Robin then got on the phone; she was worried about the family dogs but reassured Johnson that all was well. Johnson could tell that on the contrary, something was horribly wrong. During the next few weeks, more phone calls passed between the O‚Hairs and various members of the organization. Finally, during her last phone call, Robin was so distraught she could barely speak to Johnson. Her last words were, "I know you will do the right thing."

Then, on Sept. 28, they stopped answering the phone.

No one phoned the police and in fact, the American Atheists sought to dispel the rumors, already in circulation, that O‚Hair was dead.

"I can tell you categorically that Madalyn is alive," an American Atheist spokesman was quoted as saying the same day the cell phone went unanswered. I can‚t tell you exactly what is happening. She‚s safe, and that‚s all I can tell you."

The months went by. Ellen Johnson and the remaining American Atheists picked up the pieces of the organization. They started to fill the backlogged book orders, revive the members‚ newsletter, expand the cable-access television show, plan for a national convention, and continued to deny that anything was wrong. Johnson, who had assumed the president‚s position at AA, told reporters that no organization funds were missing. "We just don‚t suspect foul play," she added. "And I cannot tell you all the reasons why. We just -- we just don‚t."

Theories of the Disappearance

Several theories were in circulation. One was that the Murray-O‚Hairs had taken the money and run. This was what David Travis, the disgruntled former employee, believed. He knew about the New Zealand money and suspected there might be other offshore accounts. But there was more. He and another employee had seen letters and notes from Jon, going back several years, in which Jon wrote about emigrating to New Zealand. The main reason the Murray-O'Hairs wanted to get away is because of a lawsuit that had gone sour and eaten up a lot of money and what remained of their reputations, as well. Madalyn had attempted a strong-arm takeover of another atheist organization called The Truthseekers. (Her son Bill Murray accused her of printing up phony stock certificates as part of the takeover ploy.) Truthseekers fought back vigorously, and the Murray-O‚Hairs feared that they could lose their entire organization in court. (Eventually, after a costly legal struggle, Truthseekers maintained its autonomy).

Another possibility that was seriously discussed was that Madalyn had disappeared to die in peace. She had frequently expressed the fear that when she died, Christians, or "Christers," as she called them, would try to pray over her and she wanted no part of a deathbed repentance scene.

As for Jon Garth and Robin, they might have grown tired of their utter dependence on the imperious grande dame of the family and the suffocating lives they led together. Jon had complained that he was sick of the "family business" and wanted to chuck it all and start over somewhere else. Robin, sensitive, shy and heading into spinsterhood, doubtless wanted a lot of things that she would never achieve as long as she lived in the shadow of her formidable grandmother. (When Gannon and Shannon, the cocker spaniels belonging to Jon Garth and Robin, disappeared in December 1995 from the fenced compound behind the Atheist building, it added fuel to the speculation that Jon and Robin were alive and well and in hiding -- with or without their mother.)

Another theory was that they had met with foul play. It had to be admitted that O‚Hair had made a lot of enemies in her career. Reporters covering the case found many ex-supporters, ex-allies, and ex-employees. "She went through people like popcorn," said one. Her son Bill accused her of preying on the lonely, the confused, and the misfits -- as long as they had money -- with the same kind of remorseless hypocrisy that some evangelical Christians are accused of. She was the atheist flip side of the religious con artist: "She was just evil. She stole huge amounts of money. She misused the trust of people. She cheated children out of their parents‚ inheritance. She cheated on her taxes and even stole from her own organizations." But what to make of the month of September, during which the Murray-O‚Hairs made and received numerous phone calls? If they were kidnapped, why wasn‚t there a ransom demand or something?

Finally, there were whispers that perhaps the Christian and government persecutions that O‚Hair had complained of for years had turned out to be more sinister than anyone imagined. "If you think we are being paranoid," opined a Canadian atheist newsletter, "the religious and government harassment suffered personally by this founding family of American atheism is well recorded, along with FBI and CIA infiltration of their organizations." "Off the wall, I think the Vatican did it," said a supporter. "The Vatican or the CIA. Someone with enough clout to cover it up."

O‚Hair herself told Life magazine back in 1963 that it would only take one crazy person to end her life: "These death threats are no picnic...I think sooner or later some night some nut is going to get a message from Jesus Christ and I'm going to have had it. But as long as I'm still round I'm going to keep on being a squeaking wheel."

When the Murray-O‚Hairs disappeared, they left several projects hanging. They had planned to picket the Pope when he visited New York City. They had just ordered a new printing press. Was this proof that they had been abducted, or was it all part of an elaborate scheme to distract their board and employees while they disappeared? Were they just pretending to carry on with business as usual while spiriting money out of the country and quietly packing away their chief asset, a large library of atheist literature? As a bewildered Ellen Johnson put it: "the Murray-O'Hairs left behind the entire contents of the office building, one car, all their personal belongings, their pets, their own bank accounts (which they have not touched) and the remainder of the office bank accounts and trust fund moneys. This is hard to reconcile with the idea that they were robbing the till so they could escape to Shangri-La."

In addition to the rumors, there were also sightings: O‚Hair or her children were said to have been seen in Texas, in Mexico, in New Zealand, and elsewhere. Their presence could be felt haunting the empty halls of American Atheists headquarters, and in cyberspace as well. One of the most persistent urban legends is the story that Madalyn Murray O'Hair is petitioning the FCC to ban all religious programming. This warning is passed along by e-mail and through church bulletins and no matter how many times the American Atheists and the FCC deny the truth of the rumor, it won‚t die. The FCC reportedly has received millions of letters of protest and continues to receive them. (www.truthorfiction.com)

Indifference to the Disappearance as the Months Pass

Not every atheist was horror-stricken at the O'Hairs' disappearance. Frankly, some -- those who disapproved of Madalyn O'Hair's combative and vulgar style -- were relieved that she was no longer atheism‚s most visible and vocal spokesperson. A Texan atheist wrote:

The disappearance of the O'Hairs in September 1995 gave hope that more positive atheist initiatives might develop...That's why atheists should worry about the revival of Madalyn's American Atheists, Inc. under the leadership of Ellen Johnson, who assumed the office of President in a questionable Board of Directors meeting. Ellen Johnson is also a die-hard Madalyn fan who continues to present Madalyn as an atheist heroine. What atheism doesn't need is a continuation of Madalyn's negativity.

By the time Bill Murray learned that his mother, estranged daughter and half-brother had vanished, board member Tyson was living in the O'Hairs' home. Instead of sharing their concerns and assisting each other in the search, Madalyn‚s son and the American Atheists traded insults in the media. Each accused the other of caring nothing for the O'Hairs, and seeking only to make hay out of the disappearance for the publicity it would bring. "One of my mother's employees moved into her house, and began to sleep in her bed. Her close "confidant," Ellen Johnson, immediately flew to Texas from New Jersey and set up a new board of directors to take over the property and bank accounts of the family's atheist organizations. Not a single "friend" reported any of the three missing to the police," said Murray.

Bill Murray predicted, correctly, that when he filed a missing-persons report on his own family, that he would be accused of "fortune-hunting or ghoulish opportunism." That‚s just what happened when, a full year after the disappearance and because of the mounting public clamor, Murray filed a report with the Austin police. "He has said over and over and over again that he wants nothing to do with them. Why is he doing it now? Publicity. He needs money for his organization," Tyson said of Murray. "He hated his mother with a passion." And the filing accomplished little, anyway. The Austin police said there was no evidence of foul play, and "it is not against the law in Texas to be missing."

As the Atheists delved into the secrets of Madalyn‚s empire, it was not to their advantage to publicize what they learned. O‚Hair had always claimed that her American Atheists organization had over 50,000 members or more. There were in fact fewer than 2,400 addresses on the mailing list. The Murray-O'Hairs were in trouble with the IRS for non-payment of income taxes, and there were also questions about whether the Murray-O'Hairs had treated the organization‚s money as their own. Questions about financial credibility were bad news for the organization, and the remaining directors tried to put the best face on things. Johnson, an attractive blonde, was a considerable contrast to the lumpen-looking Murray-O‚Hairs. Spike Tyson continued to deny that anything was wrong: It was "absurd," he said, to suppose that the Murray-O'Hairs had stolen money. "We know where every bank account is. Every penny is accounted for."

A Mystery Corpse
"In 1986, O‚Hair wrote an essay for the American Atheist about her hopes that nothing special would happen to her body. She didn't want any "dirty Christers" to get their hands on her corpse. Instead, she advised that if the atheists lived nearer the coast, it would be better if Jon and Robin "could fling the carcass into the water," where the fish could feed on it. A dead body, O'Hair wrote, was nothing more than "a fallen leaf from a tree, a dog killed on the highway, a fish caught in a net."

-- journalist Robert Bryce

The male body found on a riverbank east of Dallas in early October of 1995, lying on its back, stripped naked and abandoned among the weeds and the garbage, was like that -- like a leaf, a dog, a fish on the riverbank. Detective Robert Bjorklund wanted to find the "cocky bastards" who killed him, mutilated him and tossed him away. "The way they laid him out was like, 'Come and find us.‚" Bjorklund checked over 200 missing-persons cases, but couldn‚t find the corpse's identity. The corpse did not offer much in the way of clues.

There were no clothes. No tattoos. Very little blood. No distinctive scars. No hands.

No head.

So the body was photographed, sampled, and given a pauper‚s burial. But Bjorklund didn‚t forget about the mystery corpse.

A Reporter and a Private Eye Search for the Missing Murray-O'Hairs

Fall turned into winter, winter to spring, and summer returned again to the Texas plains, with no word of the Murray-O‚Hairs.

In the summer of 1996, a San Antonio reporter by the name of John MacCormack was assigned the Murray-O‚Hair story for the one-year anniversary of the disappearance. MacCormack had more than 20 years of journalism experience and the face of a friendly bulldog. If a story interested him, he would lock on to it and not let go. He interviewed the American Atheist board members but found them to be tight-lipped, even denying that anything was amiss.

A few months later, a tip led McCormack to one of the few indisputable facts he could work with: The American Atheists finally admitted, in its 1995 tax returns, that a large sum of money was missing, and all the evidence pointed to Jon Garth Murray as the thief. He had arranged for the transfer and withdrawal of a large amount of money -- over $600,000, last September, shortly before his disappearance. In addition, he had sold his Mercedes through a classified ad.

This is the kind of information that captures the interest of the IRS, who revoked the American Atheists‚ tax exempt status pending an investigation, and finally the wheels started to turn on the O;Hair case. But it was not death that interested the federal agency; it was that other inevitability, taxes. The Murray-O'Hairs owed a considerable tax bill. In February 1997, the IRS seized the Murray-O'Hairs‚ house and property, evicting Spike Tyson. The American Atheists had a vested interest in whatever the Murray-O‚Hairs had left behind, as President Ellen Johnson told the members, so the organization also was "active ... in legal proceedings to recover missing funds taken by Jon Murray."

Significantly, when the revelations about the missing money came to light, no one who knew the O'Hairs came forward to say, "They couldn‚t possibly have done this. I know them. They couldn‚t have stolen this money." Instead, Arnold Via, who described himself as a friend of the O'Hairs said, "If they misled us, abandoned us and stole money, they are crooks."

Reporter MacCormack hitched up with a private investigator named Tim Young, who had decided that the search for one of America‚s most famous women and her family looked intriguing. Young obtained Jon Garth‚s cell phone records for that last, mysterious month in San Antonio. Together, MacCormack and Young started checking every phone number on the phone logs. Before September 1995, Jon Garth didn‚t use his cell phone much, but during that last month, over 200 phone calls were made to financial institutions, jewelers, overseas long-distance services, travel agencies -- all tending to confirm the idea that the O‚Hairs had been planning to flee the country.

McCormack explained, "We went door-to-door to all the places that (Jon Garth) called. We knocked on one door, and found where the $600,000 went."

During that mysterious month of September 1995, Jon Garth had contacted a jewelry store in San Antonio and asked to purchase $600,000 worth of gold coins. The jeweler instructed him to wire money to the jeweler‚s account and the order was placed on his behalf. The only time the jeweler met his customer was when Jon Garth came in on Friday, September 29, to pick up his 1,500 coins. The jeweler, Cory Ticknor, remembered that Jon Garth was inexperienced at handling gold coins and seemed like he badly needed a shower, but did not appear nervous or distraught. He was escorted to his car by a police officer moonlighting as a security guard. Then he was gone. Ticknor was the last person known to have seen Jon Garth Murray alive.

MacCormack‚s discovery only deepened the mystery and the speculation, but the evidence continued to point to some dishonesty on the part of Jon Garth, if not all of the Murray-O'Hairs.

Vanity Fair Duped

Ex-con David Waters, the former office manager, was as willing as anyone to speculate on their disappearance. In fact, he had been a principal source for an investigative article in Vanity Fair magazine, published in the spring of 1997, in which reporter Mimi Swartz concluded that the Murray-O'Hairs had absconded to New Zealand.

Swartz found abundant evidence to show that the Murray-O‚Hairs might have been planning to liquidate American Atheist assets and flee the scene. Some of the documents and letters she relied on were given to her by Waters, who had purloined them from the American Atheists office during his tenure there. They proved the O'Hairs had been discussing a move to New Zealand for years. For example, a 1985 letter written by Jon Garth stated: "Should it become necessary for us to flee this country, we would like to have some funds on deposit outside the United States so that we would not be leaving in an entirely destitute condition." Waters also claimed that Madalyn and Jon Garth had framed him for the theft of the money from American Atheists because he was on to their money-laundering scheme and their preparations for their flight out of the country. Waters even suggested that the Murray-O'Hairs were behind the mysterious, unsolved thefts of the computer and the bearer bonds. He was working on a book about the whole thing.

Although more than one reporter was tantalized by Waters‚s documents and his theory -- he enjoyed talking to reporters -- Bill Murray grew increasingly skeptical as the months turned to years, that his mother, half-brother and daughter were still alive. For one thing, his mother would be unable to resist the publicity her disappearance had generated. The most dangerous place to be was in between Madalyn O‚Hair and a camera, he pointed out.

Murray also stated flatly that the world, big as it was, was not big enough to hide the O‚Hairs. "You have these three obese people. Robin requires two airline seats wherever she goes. My mother uses the f-word in virtually every sentence that comes out of her mouth. Just singularly, they would be remembered. Together, it's like waving a red flag in front of a bull." By the second anniversary of their disappearance, Bill Murray was convinced that his family had been murdered, and murdered for money. While he did not pretend to be grief-stricken at his loss, Murray did conscientiously attempt to interest various law enforcement agencies in investigating the disappearance, to little avail, and always against the unvarying hostility of the American Atheists.

The Tip That Breaks the Case

John MacCormack continued his interest in the case and came to be recognized as a leading authority on the O'Hair disappearance. In June 1998, after he‚d been interviewed for a major television newsmagazine piece on the mystery, he was at his desk at the San Antonio newspaper where he worked, when he got an anonymous phone call. The caller told MacCormack that the disappearance of a small-time con artist, Danny Fry, might be linked to the disappearance of the Murray-O'Hairs. The caller was close to Fry and knew that he had traveled from Florida to Texas in the summer of 1995 to stay with none other than David Waters, then had disappeared at the end of September -- the same time as the Murray-O'Hairs.

MacCormack was intrigued. He knew that Waters, who still lived in a ramshackle apartment in Austin, had been promoting the theory that the Murray-O'Hairs had absconded with American Atheists funds.

But the anonymous voice on the other end of the phone line was telling MacCormack that Waters knew precisely what had happened to the Murray-O'Hairs -- because Waters had kidnapped and murdered them. And the caller was afraid the same fate had befallen Fry.

Fry‚s fiancée confirmed that her man was susceptible to get-rich-quick schemes. "Danny was not the type of person to make $300 or $500 a week. He wanted to make a lot of money, and he kept telling me there was a big, big backer, a big construction thing, (in Texas)."

Initially, Fry called his fiancée and his daughter back in Florida every day, but toward the end of September, he grew terse and evasive. His fiancée recalled, "I started wondering and asking him questions and he got real angry with me. He said, 'Don't ask.'"

"The last day he called, I said, 'Danny, please come home,' and he said, 'I've got one more thing to do. Then I'll come home,' " she said.

But he never did. Danny Fry had joined the Murray-O‚Hairs to become one of the approximately 100,000 missing persons in the United States. Fear of David Waters had kept Fry's family from going public, but MacCormack's investigation had given them hope that the truth might come out.

MacCormack pondered the possibilities. Madalyn O'Hair fires an ex-con for stealing money from the American Atheists. Danny Fry, as it turned out, served prison time with Waters. Fry leaves his family and travels to Texas. He disappears the same weekend the O‚Hairs do -- right after the purchase of half a million dollars of gold coins.

Things had taken a decidedly sinister twist, but there was no hard evidence. And David Waters could look a reporter straight in the eyes and say, "I am in no way connected with their disappearance, demise, relocation to a sunny clime or anything else that has to do with (the Murray-O'Hairs)." He complained that MacCormack was his "nemesis."

Meanwhile, the Austin police were still saying that there was no indication that a crime had been committed. "I'm of the opinion that they are not dead and that there was no foul play involved. I still have that feeling," said the lead investigator on the case. "If somebody wants to show me a body or a crime scene, I'll be glad to have my opinion changed."

By then, the O'Hairs had been missing for three years.

When MacCormack obtained Fry‚s long-distance bills he saw that Waters had been lying when he claimed that he and Fry had been casual acquaintances who had seen each other briefly in Texas. When Fry was still in Florida in the summer of 1995, Waters had phoned him and they had held lengthy conversations. Fry traveled to Austin and lived in Waters‚s apartment, but in September, at the same time the Murray-O‚Hairs disappeared, Fry started phoning his family from San Antonio. Some calls were placed from a pay phone that overlooked the swimming pool at the Warren Inn in Northwest San Antonio. Finally, in the last few days before his disappearance, Fry was back in Austin.

MacCormack also published the fact that David Waters was in San Antonio in September of 1995, buying a white Cadillac with $13,000 cash. This was at the same time that Jon Garth and Robin's credit card records showed that they were maxing out their cards with cash advances.

The Headless Corpse Gets a Name

All things come alike to all: there is one event to the righteous, and to the wicked; to the good and to the clean; and to the unclean; to him that sacrificeth, and to him that sacrificeth not; as is the good, so is the sinner, and he that sweareth, as he that feareth an oath.

This is an evil among all things that are done under the sun, that there is one event unto all: yea, also the heart of the sons of men is full of evil, and madness is in their heart while they live, and after that they go to the dead.

Ecclesiastes, 9:2-3

A few months after the phone call about Danny Fry, in the fall of 1998, MacCormack was reading the morning wire stories on his computer when a short item out of Dallas caught his attention. It was the third-year anniversary of the appearance on the banks of the Trinity River of a male corpse, minus head and hands. Dallas police were stumped.

MacCormack contacted the Dallas police department and explained there might be a connection between their headless corpse and three missing atheists and a pile of gold coins. The police thought the killing had all the earmarks of a drug murder, but luckily, they were willing to test MacCormack's theory. Fry's family cooperated by providing DNA samples.

A few months later, they had their answer.

"It is confirmed, "said Detective Robert Bjorklund, "that our homicide victim is Danny Fry. The probability is.... 99.99 percent."

MacCormack courageously continued to write articles about the damning circumstantial evidence against Waters, even as it became apparent to him that Waters was a cold-blooded killer and an extremely dangerous man. A third ex-con entered the picture, as well: Gary Karr was another alumni of the prison system and had also served time with David Waters. Karr, in his early 50s, was a tough-looking brute who had convictions for rape and kidnapping, and had only been out of prison a few months. He was also in Texas, staying at David Waters‚s apartment, at the time of the Murray-O'Hairs' disappearance. Waters continued to meet with reporters, coolly denying any involvement in the disappearance of the Murray-O'Hairs and Fry.

But, at long last, law enforcement authorities were taking notice. Three months after MacCormack published his scoop about Danny Fry‚s murder, federal agents served search warrants on Karr‚s home in Michigan and David Waters‚s apartment in Texas. Much of their information came from Karr‚s ex-wife and Waters‚s ex-girlfriend, both of whom had known about mysterious happenings back in 1995, but had kept their mouths shut for three and a half years. MacCormack‚s revelations, however, and questioning by law enforcement, had done wonders in awakening their consciences.

In short order, both Karr and Waters found themselves back in jail on unrelated charges. Rounds of ammunition were found in Waters's apartment, a violation of his parole. Karr was locked up on firearms charges as well. Using the evidence seized, including financial records and a bow saw, the FBI was able to piece together the story of the O‚Hairs‚ last month on earth. "Initially, I was looking at Jon Murray for money laundering and I ended up with four dead people," said Ed Martin, lead agent for the IRS.

What Happened to the Murray-O'Hairs

The Murray=O'Hairs had been held for a month. There is no evidence that any of them tried to escape or summon help during that time, which mystifies some observers. Madalyn O;Hair had been the most closely confined, at the Warren Inn Apartments in Northeast San Antonio, and Robin was probably her companion. Their principal guard was Fry, who had no serious criminal record and was regarded as a good-natured charmer with a gift of gab. He must have been recruited by Waters for these qualities -- to keep the Murray-O'Hairs quiet and cooperative while Waters tried to extract all the wealth he could from them. Jon Garth had the most "freedom." In addition to various banking errands around San Antonio, he even traveled to New Jersey with Gary Karr to facilitate the money transfer to buy the gold coins. Bill Murray speculates that Jon Garth‚s acquiescence was purchased with threats to the safety of his mother and niece. Perhaps Jon Garth held out hope to the very end that the Murray-O‚Hairs would be allowed to live.

Water's ex-girlfriend later testified that Waters was so angry when Madalyn O'Hair wrote her article denouncing him in her newsletter, that he fantasized about torturing her and pulling off her toes with pliers. For a cold-blooded psychopath like Waters, merely robbing from the O'Hairs was not revenge enough for losing his job and being exposed by the article. He probably relished telling Madalyn O‚Hair, face to face, precisely how the O‚Hairs contributed to their own disaster -- how he had letters, written by them, detailing their planned move to New Zealand. As the days of captivity went by, he might have mocked them. Who was looking for them? Nobody. Who cared enough about them to look for them? Nobody. Nobody at all in this world. Just as he brutalized his own mother, he probably brutalized Madalyn O‚Hair. Taunting her with the fact that her own secrecy about her financial affairs, her own imperious conduct, meant that no one would question her disappearance. "I know you‚ll do the right thing," Robin cryptically told the American Atheists board members before she disappeared. But to the American Atheists, doing the right thing had always meant doing as Madalyn told them to do.

Madalyn O'Hair, however, must have faced Waters with her customary courage, because Waters apparently never learned about the other New Zealand bank accounts in Jon Garth's name, because they were untouched, nor about a bank account in San Antonio that contained $23,000. Waters got only the Mercedes, the cash advances from the credit cards, and half a million dollars in gold coins. In fact, there was another, second delivery of $100,000 in gold coins that was not picked up from the jeweler's.

The end of September must have been a significant deadline for Waters -- perhaps the difficulty of holding, or secretly transporting, three people in the middle of a small city was proving to be too difficult and dangerous. At any rate, the O‚Hairs met their end on or shortly after September 29, 1995. They were either murdered, probably by strangulation at Waters‚s hands, in the motel, or were transported, either dead or alive, to a storage locker rented by another associate of Waters, "Chico" Osborne. Inside the locker, Waters and possibly Karr and Fry carried out the grisly task of sawing the bodies into pieces. Later, they were dumped into barrels, and transported 120 miles to a remote ranch. The O‚Hairs were dumped into a shallow grave, where they remained undiscovered for over five years.

Fry survived the O‚Hairs by one or two days at most -- then he, too, was gone, probably shot in the head, and dismembered.

After Waters cleaned out the storage locker with a spray of water and bleach, he and his girlfriend checked into a hotel for several days of serious partying. Waters and Karr bought the best suits money could buy, ordered champagne, and flashed around their newly acquired Rolex watches. Most of the money was stashed in a storage locker rented by Waters‚s girlfriend, but they made a serious dent in the $80,000 they had on hand.

In an atheist universe, there is no revengeful god, or even a Nemesis to exact retribution. But a few days after killing the O‚Hairs and Fry, Waters returned to the locker to discover that the lock was open and the money was gone. All of it. For his months of planning and effort, all he had left was revenge and the knowledge that he had committed probably the perfect crime. Or had he? Who knew about those gold coins?

Postscripts

For to him that is joined to all the living there is hope; for a living dog is better than a dead lion. For the living know that they shall die; but the dead know not any thing, neither have they any more a reward, for the memory of them is forgotten.

Also their love, and their hatred, and their envy, is now perished; neither have they any more a portion for ever in any thing that is done under the sun.

Ecclesiastes, :4-6

As the final pieces of the puzzle were put together, an Austin reporter, Robert Bryce, noted that the Austin police had completely missed out on the most heinous crime of the decade: "Despite pleas from O'Hair's son, William J. Murray, several briefings from federal agents, and solid leads developed by members of the press, the Austin Police Department (APD) sat on the sidelines of the O'Hair investigation...Meanwhile, investigators from the Internal Revenue Service, Federal Bureau of Investigation, Bureau of Alcohol Tobacco and Firearms, and the Dallas County Sheriff's Office are working together on the case....a federal agent was asked to discuss APD's actions in the O'Hair case. His only response was to roll his eyes in amazement."

Karr was brought to trial in May 2000, where the jury heard the story of a cold-blooded murder. Without any bodies, though, the jury did not convict Karr for murder, but his convictions for extortion and money laundering were enough to send the career criminal back to jail for life.

David Waters never faced trial for the kidnapping and murder of the Murray-O 'Hairs. In March of 2001, he was sentenced to 20 years (in addition to earlier sentences of 60 and 25 years). As a result of a plea bargain he revealed the location of the Murray-O'Hairs' bodies. Waters died of lung cancer in January of 2003 in a federal prison hospital in North Carolina.

In addition to solving the murders of the O'Hairs and Danny Fry, agents were finally able to track down the missing gold coins. It turned out that a group of thieves from San Antonio, who had a master key to the type of lock Waters used, came across his storage locker. To their utter amazement, they had found a suitcase full of gold coins, which they promptly fell to spending. Only one coin was recovered by police. The theft of the coins seems so bizarre, so improbable, that merely calling it "coincidence" or "chance" seems too feeble, but federal agents and the thieves themselves swear that this is precisely what happened.

The missing cocker spaniels Gannon and Shannon have not been seen since they disappeared from a locked compound at the American Atheist headquarters.

In January 2001, a full five and a half years after they were last seen, the Murray-O‚Hairs were finally found on a sprawling ranch near the little town of Camp Wood, Tex. (The owner of the ranch was not implicated in their deaths.) Federal agents, led to the scene by David Waters, found skulls, scorched cloth, severed bones, and a metal hip belonging to Madalyn O'Hair. As Bill Murray told his supporters in his website: http://www.wjmurray.com/

One federal agent at the scene told me of how gruesome the situation was. The bodies had been dismembered and then burned...That same agent also told me that he had offered a prayer over the bodies when they were first discovered. He told me, "No one deserves this, no one."

The feud between American Atheists and Bill Murray continued. Johnson, the organization's president, denied that Bill Murray could possibly have any claim or interest in the remains of people he evidently despised, even if they were his kin, his own mother, half-brother and daughter. Murray countered that Johnson only wanted to use the remains as a relic for fund-raising purposes.

After the identification of the remains was confirmed, they were given to Bill Murray for burial, and he announced that, in accordance with his own beliefs and his late mother‚s wishes, he would not pray at the burial site.

As an evangelical, I do not pray for the dead. Baptists believe that upon death the fate of the soul is sealed. The deceased person is in Glory with God, or in Hell. In either event, prayer is fruitless at that point.... The group (at the burial site) removed themselves... (and) said a prayer for the remaining family members and for the law enforcement officers who had worked on the case and suffered emotionally as a result.

One of the law enforcement officials was close to tears on several occasions. The details of the last days and hours of my mother, brother and daughter were so brutal that even men accustomed to violence were emotionally shaken.

Of the many ironies involved in the O‚Hair story, one is that Madalyn O‚Hair battled the government all her life and conscientiously avoided paying taxes. She was especially suspicious of the FBI, believing Hoover‚s organization to be the malevolent agent of the evil theocracy that was the United States. But it was the FBI and the IRS who finally avenged her murder. And some of those agents involved in the case, those who searched for her, found her, and attended her burial, expressed the deepest sorrow over the horrors that she and her family had endured at the hands of David Waters, Gary Karr and Danny Fry.

''I hope I live my life in such a manner that when I die, someone cares - even if it is only my dogs. I think I want some human being somewhere to weep for me.''

-- Madalyn Murray O'Hair
-
Note: Malcolm Dallas McLean--still alive and well on planet earth and living in Georgetown at Sun City. Pioneer of the San Jacinto monument. D M McLean and wife ran intelligence in Cuba for Roosevelt during WWII. Margaret is from the Stoner Ranch family in Real County, TX.

Family: Born March 10, 1913, in Rogers, TX; son of Dallas Duncan and Gladys (Robertson) McLean; married Margaret Stoner, February 11, 1939

E. D. Farmer fellowship for research in Mexico, 1937-38; citation, Military Intelligence Division of U. S. War Department, 1945; distinguished service award, Sons of the Republic of Texas, 1971, for founding Spanish Texas Microfilm Center; Dr. Malcolm D. McLean Scholarship endowed at Texas Christian University, 1972; Knight of the Order of San Jacinto, 1973; Coral Horton Tullis Memorial Prize, Texas State Historical Association, 1974, award of merit, American Association for State and Local History, 1976, award for research, Texas Heritage Council of the Texas Historical Foundation, 1981, Captain Alonso de Leon Steel Medal for Historic Merit, International Category, Sociedad Nuevoleonesa de Historia, Geografia y Estadistica, 1982, Gold Medal, Mexican National Academy of History and Geography, 1986, and American History Medal, Daughters of the American Revolution, all for Papers Concerning Robertson's Colony in Texas, 1987; Citation of Appreciation and Admiration, Society of Southwest Archivists, 1988; Earl R. Davis Award, 1990, for contributions to Texas-confederate history; Special Recognition Citation, San Antonio Conservation Society, 1990; Preservation Award, Texas State Genealogical Society 1990; inducted into the Texas Institute of Letters, 1994.

Texas Historical Records Survey, San Antonio, TX, field editor in charge of Spanish translators, 1938-39; San Jacinto Museum of History, Houston, TX, assistant director and archivist, 1939-41; U. S. War Department, Washington, DC, research analyst on Mexico and Central America for Military Intelligence, 1941-46; University of Texas, Main University (now University of Texas at Austin), Spanish translator at library, 1946-47, instructor in romance languages, 1947-51; University of Arkansas, Fayetteville, assistant professor, 1951-55, associate professor of romance languages, 1955-56; U. S. Information Agency, Washington, DC, director of Binational Center in Tegucigalpa, Honduras, 1956-59, and Guayaquil, Ecuador, 1959-61; Texas Christian University, Fort Worth, associate professor, 1961-68, professor of Spanish, 1968-76, professor emeritus, beginning 1977, director of summer programs in Mexico, 1961-64, associate dean of AddRan College of Arts and Sciences, 1964-74; University of Texas at Arlington, professor of history and Spanish, 1976-83, founding editor of UTA Press, 1977, director of Robertson Colony Collection, University Library, 1983-92. Vice-president of Humanities, Inc., beginning 1964.
========

http://lonestar.texas.net/~mdmclean/MSM_BIO.html

McLEAN, MARGARET STONER , researcher; born Victoria, Texas, June xx, 1915.

Daughter of Thomas Royal Stoner and Mamie Victoria (Stoner) Stoner .

Associate of Arts, Victoria Junior College, 1936; Bachelor of Science in Elementary Education, The University of Texas at Austin, 1939.

Married Malcolm Dallas McLean , February 11, 1939; 1 child, John Robertson McLean.

Receptionist and Postmaster, San Jacinto Museum of History, Houston, Texas, 1939-1941;

Microfilm operator, Library of Congress, Washington, D. C., 1942.

Bibliographical researcher, 1947-1953, for Thomas W. Streeter, BIBLIOGRAPHY OF TEXAS, 1795-1845 (5 viks,; Cambridge: Harvard University Press, 1955-1960).

Teacher, elementary school, Fayetteville, Arkansas, 1954-1955.

Elementary teacher, American School, Tegucigalpa, Honduras, 1957-1958.

Teacher of English, U. S. Binational Center and in the American High School, Guayaquil, Ecuador, 1959-1961.

Newspaper microfilm archivist , Amon Carter Museum of Western Art, Fort Worth, Texas, 1963-1973.

Microfilm research specialist, Spanish Texas Microfilm Center, Presidio La Bah-a, Goliad, Texas, 1973-1974.

Researcher, editorial assistant, PAPERS CONCERNING ROBERTSON'S COLONY IN TEXAS (19 vols.) , Fort Worth and Arlington, Texas, 1975-1991.

Bibliographical consultant, 1981-1982, for THE MEXICAN-AMERICAN WAR OF 1846-1848, A Bibliography of the Holdings of the Libraries, The University of Texas at Arlington, By Jenkins Garrett, Prepared and Edited by Katherine R. Goodwin, Special Collections Publication No. 2. Published for The University of Texas at Arlington by the Texas A&M Press, College Station, 1995.

Member, Chancellor's Council of The University of Texas System, 1984- .

Clubs: Faculty Women's Clubs at both Texas Christian University and at The University of Texas at Arlington.

Contributor of articles to professional journals, and to the NEW HANDBOOK OF TEXAS .

Retired 1991.

Address: 206 Golden Oaks Drive, Georgetown, Texas 78628- 3320. Telephone: (512) 869-0166. E-mail: mdmclean@texas.net. Updated February 20, 1997. Birthdates of living family members removed for finantial security reasons

Apocalyptic Times for the GOP Faithful

By Joe Conason
May 25, 2007

For more than three decades, the Rev. Jerry Falwell guided the white evangelical masses of the South into the Republican Party, culminating in the most outwardly pious presidency in modern American history. Having first gained notoriety as a hard-line segregationist in rural Virginia, he won power as the televised prophet of a partisan gospel. Scarcely had he gone to his ultimate reward, however, before his friends and allies threatened to dismantle that legacy -- and the dominance of the party to which he had devoted his ministry.

The late preacher can hardly be blamed for the ruinous condition of the Bush administration and the Republican Party. But with the tandem rise of Rudolph Giuliani, a pro-choice Catholic, and Mitt Romney, a highly flexible Mormon, Falwell's old flock is feeling deeply alienated. Within days after his death, the leaders of the movement he symbolized began to proclaim a message of dissension.

The most significant voice raised against the notion of a Giuliani nomination belongs to James Dobson, president of Focus on the Family, which is now widely reckoned to be the largest religious-right organization. On May 17, Dobson declared he could not support the candidacy of the former New York mayor under any circumstances.

"Speaking as a private citizen and not on behalf of any organization or party, I cannot, and will not, vote for Rudy Giuliani in 2008," he wrote in an essay on WorldNetDaily, a right-wing website. "It is an irrevocable decision." Even if forced to choose between Giuliani and Hillary Rodham Clinton or Barack Obama, he said, he would "either cast my ballot for an also-ran -- or if worse comes to worst -- not vote in a presidential election for the first time in my adult life."

Richard Viguerie, the aging but still influential right-wing direct-mail impresario, shares Dobson's disgust at the prospect of a Giuliani ticket but goes even further in his anathema. Having always preferred to identify himself as a "movement conservative" rather than a party-line Republican, Viguerie is on the verge of urging his right-wing comrades to abandon the Grand Old Party. "If the Republican Party nominates Rudy Giuliani as its candidate for either president or vice president, I will personally work to defeat the GOP ticket in 2008."

As a veteran of the George Wallace campaign on the American Independent Party line in 1968, Viguerie certainly knows how to make mischief for the major parties. Back then, the Wallace candidacy badly harmed the candidacy of Democrat Hubert Humphrey; 40 years later, a third-party crusade on the right would do far more damage to the Republican nominee. The same Republicans who encouraged (and financed) Green candidate Ralph Nader in 2000 and 2004 just might find themselves facing the business end of a spoiler campaign in November 2008. The most appropriate vehicle is the Constitution Party, a far-right, theocratic outfit that claims to be the biggest of the nation's third parties.

Still, the Republican apocalypse is not here yet and may not arrive next year. Despite Giuliani's momentary popularity, the party's primary voters could find many reasons to reject him -- including such colorful episodes as his humiliating flight from Gracie Mansion to the luxury apartment of gay friends who sheltered him from his wronged wife. His personal behavior and associations, notably with the corrupt former Police Commissioner Bernard Kerik, may be as unacceptable as his issue positions on guns, gays and abortion.

For Dobson, a ticket led by Mitt Romney might seem like salvation -- but other evangelicals are repelled by the former Massachusetts governor's membership in the Mormon Church, which they have been taught to regard as a satanic cult. Besides, Romney is a recent convert to the tenets of the religious right -- and a zealot whose over-eagerness to please is anything but pleasing. His nomination too could provoke a split from the right.

Now this isn't the first time that Dobson or Viguerie have issued angry warnings to the Republican establishment about dire consequences if the party departs from righteousness. Such jeremiads are always heard in the election-year cacophony, and are always dismissed as meaningless cant. Power reliably overcomes principle for these moral absolutists.

But next year might be different. For many of the religious right's true believers, the nomination of Giuliani or Romney would represent the ultimate humiliation. Should either of these events come to pass, then the Dobsons and the Vigueries and their followers at last will have to validate their ideological posturing with independent action. They will have to put up or shut up.

http://www.realclearpolitics.com/articles/2007/05/apocalyptic_times_for_the_gop.html

Vang Pao, the CIA's Opium-Smuggling Proxy Laotian General, on Trial/Timeline

" ... several accounts of Vang Pao say he ruled with an iron fist, sometimes exploiting the poverty of his people both in Laos and the United States.
... Pao's power in Laos stemmed partly from his control over two of the country's most important crops: opium and rice. ... Survival meant obeying Vang Pao ... "

Laos' controversial exile
By Penny Spiller
BBC News website

When Vang Pao was arrested last week on charges of plotting a coup in Laos, it sent shockwaves through the Hmong community in the US.

General Pao is a revered figure for many of Laos' ethnic Hmong who fought with him in the CIA-backed army during the 1960s and fled with him to the US after Laos fell to the communists.

The 77-year-old has for some been the Hmong leader-in-exile for the last 30 years, helping the refugees build large, successful communities in Minnesota, Wisconsin and California among others.

Such is his standing that there has been talk of naming schools and parks after him.

But his reputation took a severe blow last week when he and eight other respected members of the Hmong community were charged by the US government with plotting to overthrow the Laos government.

They were accused of conspiring to spend millions of dollars on weapons to carry out attacks that prosecutors said would have killed "thousands of people".

"It's taken us by surprise, we are shocked by the news," said Keo Chang of the Hmong-American Partnership in Wisconsin.

"It's hard to imagine that he is involved in any of this."

Touger Vang, a university counsellor who works with Hmong students in North Carolina and whose father once worked with Vang Pao, agrees.

"I think many people don't believe these allegations make any sense, and are hoping they turn out not to be true," he told the BBC News website. ...
http://newsvote.bbc.co.uk/mpapps/pagetools/print/news.bbc.co.uk/2/hi/asia-pacific/6735609.stm

How ex-guerrilla general became leader of Hmong in California
Vang Pao heads clan and dispenses advice

Matthai Chakko Kuruvila, Vanessa Hua, Tom Chorneau
Wednesday, June 6, 2007

May Ying Ly remembers what it was like when Vang Pao went to speak to Hmong in the Central Valley nearly 30 years ago.

A former general in the CIA's proxy war in Laos and the cultural leader of the Hmong people, Vang Pao would throw candy to children. Hmong clans and couples would seek him out to resolve disputes.

"He was like King Solomon," said Ly, 39, now executive director of the Hmong Women's Heritage Association in Sacramento. "When I was growing up, everyone went for the general's advice. If they had access to the general, people looked to him."

Vang Pao, 77, had long advocated that the battle be taken once more to the communists in Laos, a mission the U.S. government supported before the fall of South Vietnam in 1975 and the communist ascendance to power in Laos. But his arrest Monday for allegedly conspiring to mount a coup sent tremors through the tens of thousands of Hmong who settled in California and the Midwest after fleeing Laos.

"The community is in shock," Ly said.

Vang Pao's clout was a product of both traditional culture and modern history, said Khatharya Um, an ethnic studies professor specializing in Southeast Asia at UC Berkeley.

All Hmong belong to one of 18 clans, and Vang Pao was the leader of the Vang clan. He solidified that clout through a series of marriages -- his own as well as those of his children -- to influential families in other clans.

His influence extended to the United States because so many Hmong Americans trace their history to the secret war against the communists in the 1960s and '70s, Um said. For a people forcibly displaced from their homeland, vulnerable and struggling to find a place in a new country, Vang Pao's ties to U.S. officials were valuable social currency, Um said.

But several accounts of Vang Pao say he ruled with an iron fist, sometimes exploiting the poverty of his people both in Laos and the United States.

Alfred McCoy, a history professor at the University of Wisconsin, said Vang Pao's power in Laos stemmed partly from his control over two of the country's most important crops: opium and rice.

Survival meant obeying Vang Pao, said McCoy, who lived in Laos during the secret war as he researched a book, "The Politics of Heroin in Southeast Asia," published in 1972.

Beginning in the early 1980s in the United States, Vang Pao would intimidate Hmong immigrants to give upwards of $50 a month to Neo Hom, an organization he established to overthrow the Laotian government, McCoy said.

In exchange, Vang Pao promised people roles in the future Laotian government he would lead, McCoy said.

Vang Pao was able to use the money to conduct low-level terrorism in Laos for years because his operational headquarters were in Thailand, according to McCoy. But that ended when the Thai government normalized relations with Laos in 1994, he said.

Stephen Martin, agent in charge of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives' San Francisco field division, said authorities knew Vang Pao had long wanted to overthrow the Laotian government. But as for being part of an effort to recruit mercenaries and planning to buy nearly $10 million worth of high-powered weaponry -- as federal authorities charged this week -- "I don't know that he tried before," Martin said.

Rocky Vang, 54, said all the Hmong he knew in Sacramento were shocked at Vang Pao's arrest.

"He invigorates the people to go to school," said Vang, who said he was a soldier under Vang Pao's command during the secret war. "He invigorates the people to go to work, to go to the hospital if you are sick. He wants you to read and write. He leads the whole Hmong generation."

E-mail the writers at mkuruvila@sfchronicle.com, vahua@sfchronicle.com and tchorneau@sfchronicle.com.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/06/06/MNGKSQ9I8J1.DTL

Vang Pao timeline
Last update: June 05, 2007 – 11:32 PM

DURING THE VIETNAM WAR

1960s and 1970s: Leads CIA-backed Hmong army in a secret war against Communists in Laos during the Vietnam War.

1972: The book "The Politics of Heroin in Southeast Asia: CIA Complicity in the Global Drug Trade," by Alfred McCoy, details Vang Pao's role in controlling the opium trade in Laos.

1975: Vang Pao flees Laos for California after Communists seize power. Becomes chief spokesman for the Hmong community in the U.S. Vows that Hmong in America will return to Laos some day.

INVOLVEMENT WITH NEO HOM

1980s: Forms a network called Neo Hom to raise money to aid insurgents in Laos. Over the years, the organization raises millions of dollars, much of it through small cash payments by refugees. Also forms a nonprofit agency, Lao Family and Community Inc., to assist refugees to navigate U.S. social service agencies.

November 2003: In a six-hour meeting at the Prom Center in Oakdale, Pao unveils an 18-page doctrine in which he supports normalizing trade with Laos. Pao's stunning change in position sparks months of protest and violence in the Twin Cities' Hmong community.

January 2004: Sen. Norm Coleman hosts a meeting between Vang Pao and senior State Department officials to discuss Vang Pao's efforts to bring peace to Laos, the humanitarian crisis facing Hmong living in Laos, and the refugee resettlement program for Hmong in Thailand.

LEGAL TROUBLES

1990s: California authorities investigate charges that refugees were shaken down for contributions to Neo Hom as a condition of receiving social services. Vang Pao's son-in-law, Kao Thao, pleads guilty to embezzlement.

2005: Minnesota Attorney General Mike Hatch closes the St. Paul-based Vang Pao Foundation after it was found in violation of multiple state charities laws. The organization, founded in 2000 was run by Vang Pao's son, Cha Vang, who agreed to an injunction prohibiting him from forming, volunteering or working for any nonprofit or charitable organization in Minnesota.

July 2007: Vang Pao and eight other men are indicted in California on charges of plotting to overthrow the government of Laos.

Sources: News services

© 2007 Star Tribune. All rights reserved.
http://www.startribune.com/462/story/1227986.html

MISSING IN ACTION: Giuliani Quit Iraq Panel after Missed Meetings ... but he had Time for Fundraising/Giuliani & the Drug Industry

BY CRAIG GORDON
Newsday.com

Giuliani failed to show up for a pair of two-day sessions that occurred during his tenure, the sources said - and both times, they conflicted with paid public appearances shown on his recent financial disclosure. Giuliani quit the group during his busiest stretch in 2006, when he gave 20 speeches in a single month that brought in $1.7 million.

On one day the panel gathered in Washington - May 18, 2006 - Giuliani delivered a $100,000 speech on leadership at an Atlanta business awards breakfast. Later that day, he attended a $100-a-ticket Atlanta political fundraiser for conservative ally Ralph Reed, whom Giuliani hoped would provide a major boost to his presidential campaign.

The month before, Giuliani skipped the session to give the April 12 keynote speech at an economic conference in South Korea for $200,000, his financial disclosure shows.

Giuliani's campaign said that the former New York mayor did participate in Iraq Study Group activities but refused Newsday's repeated requests to explain how.

Instead, they referred to a May 24, 2006, letter Giuliani sent to the Republican co-chairman and former secretary of state James Baker. In it, Giuliani praised the group's "truly important mission" but cited his time commitments for why he couldn't give the group "the full and active participation" it deserved.

One source familiar with the group's activities recalled that Giuliani did participate in an early conference call in spring 2006 that was mainly organizational. But Giuliani's name is mentioned nowhere in the group's final report, which lists more than 160 people who were consulted.

By giving up his seat on the panel, Giuliani has opened himself up to charges that he chose private-sector paydays and politics over unpaid service on a critical issue facing the nation.

Not only that, but the 10-member group - also called the Baker-Hamilton commission - was no ordinary blue-ribbon panel, instead chartered by Congress and encouraged by the president to find a way forward in Iraq.

Giuliani's move already has come under attack by Democrats, and outside experts say it shines a light on his priorities at the time.

"Missing one meeting, you could put it down to staff error, but when you're missing them consistently, your priorities have been indicated, and the staff knows when there's a choice, you go on the road and pick up some bucks," said Kent Cooper, co-founder of Political Money Line, which tracks money in politics.

The Iraq Study Group held nine official meetings, which it called "plenary sessions," according to its final report. They included three that occurred during Giuliani's tenure in 2006 but that he did not show up for, the sources said - working sessions on April 11 and 12, and May 18 and 19. There was also a kickoff event on March 15 that Giuliani and several other members did not attend, the sources said.

By quitting the panel, Giuliani also passed up a chance to fill another big gap in his commander-in-chief credentials - Giuliani said recently he's never been to Iraq, unlike his top declared GOP rivals and several in the Democratic field. Baker and Democratic co-chairman, former Rep. Lee Hamilton, led a four-day Iraq trip last summer.

Giuliani has faced questions of why he hasn't been to Iraq despite being an enthusiastic supporter of the Iraq war. He has said a planned trip was scuttled for reasons he didn't specify but that he hopes to go by year's end.

Pentagon officials said they are not aware of a request by Giuliani to travel to Iraq and that it could be somewhat difficult to achieve at this late date.

When Giuliani failed to attend the first two working sessions, his absences didn't sit well with Baker - particularly when the other luminaries who made up the panel were able to make the sessions in Washington, some sources said. Baker's policy assistant John Williams said the choice to quit was entirely Giuliani's.

"Baker felt that it was important for future meetings that people show up, so that left the decision on Giuliani whether he would make it or not," Williams said. He provided a copy of Giuliani's letter to Baker and declined further comment. Former U.S. attorney general Edwin Meese III replaced Giuliani on the 10-member panel a week later.

President George W. Bush was initially cool to the group's December recommendations, which included a goal of pulling out most U.S. combat troops by early 2008 and beginning unconditional talks with Iran and Syria, but lately he has moved to embrace some of them.

At least one Democratic member of the group questioned Giuliani's decision to quit. "It would have better served him politically to be a part of the group, because every candidate needs an answer to the question - what the hell would you do in Iraq?" said Leon Panetta, a former chief of staff to President Bill Clinton.

Three other Democratic members refused to comment, and former Wyoming Sen. Alan Simpson, a Republican member of the panel, didn't recall that Giuliani had been picked. Asked if he thought Giuliani would have benefited from staying on the panel, Simpson said, "You'd have to ask Rudy that."

Stephen Hess, who has served as an adviser to presidents from both parties, said quitting the group is likely to pose a political problem for Giuliani. "Leaving that study group was not exactly an act of courage," said Hess, particularly because the group's recommendations ultimately diverged from Bush's stick-it-out approach, which Giuliani has embraced.

When the group's report came out last December, Giuliani offered a different reason why he quit, saying he didn't think it was right for an active presidential candidate to take part in such an "apolitical" panel. Giuliani also took pains at the time to distance himself from some of the group's findings.

At some point, Baker spoke to Giuliani to find out if he intended to continue his involvement with the group. "He [Baker] basically said, if people can't make the meetings, we've got to find people who can," Panetta recalled.

Asked if he knew what Giuliani was doing instead of attending the meetings, Panetta joked, "I'm sure making a hell of a lot of money."

http://www.newsday.com/news/nationworld/nation/ny-usrudy195261753jun19,0,7458627.story?coll=ny-nationalnews-print

Giuliani Hired by Drug Industry

Publisher's Note: Former NY Mayor Giuliani is following the path of others who have served the large pharmaceutical manufacturers--the road to easy riches, large fees and lackey for the drug companies. In so doing, he joins former Congressman Tauzin (see our story on how the former
Representative stood ready to gain a $2 million dollar salary from the Pharmaceutical industry as a reward for his work on the flawed Medicare Prescription Drug Card, but then backed down in the face of public pressure...click here).

Perhaps the Mayor, who made his reputation for leadership in the aftermath of the Sept. 11 tragedy in New York will also be a consultant for his new business associates in helping them clean their own house--read about the pharma law suits and more than $19 billion in fines and settlements, click here--or perhaps he will talk to respected seniors' leaders such as Gary Passmore of the California Congress of Seniors who called Canadian pharmacies safer than those in the US...click here for story. But, we doubt it. It seems that there was another victim of the 9-11 attacks--the opportunity for leadership with integrity that the former Mayor has squandered.

August 19, 2004, Washington, DC-- Hired by a drug industry trade group, New York 's former Mayor Rudolph Giuliani is preparing a final report that underscores the group's argument that importing drugs from Canada poses safety risks.

Giuliani, still a high-profile national figure since leaving office in 2001, has been making the rounds in Washington , submitting a preliminary report on the safety of imported drugs to federal health officials this spring and testifying before two Senate committees this summer.

Some health experts say the former federal prosecutor's role is an attempt to add credibility to claims by pharmaceutical companies and federal drug officials that importing medicines from Canada is unsafe and potentially opens the door for counterfeit drugs. Congress is weighing several measures to legalize the importation of drugs from Canada .

But supporters of importation legislation say Giuliani is a "hired gun" for money-hungry drug companies who don't want the competition.

"They want to have a popular spokesman, but he's in the business of taking money to serve his clients," said Michael Burgess, director of the New York State Alliance for Retired Americans, which sponsored a bus trip for seniors to Montreal last month to buy cheaper prescription drugs. "You have to look at who is paying him."

Early this year, Giuliani's security consulting firm, Giuliani Partners LLC, was hired by the Pharmaceutical Research and Manufacturers of America (PhRMA), the powerful drug industry trade group based in Washington , to investigate health risks of importing drugs from foreign countries. PhRMA will not say how much it paid Giuliani's firm.

PhRMA officials say Giuliani, a Republican who will have a key role at the upcoming convention in New York , was hired because of his investigative skills and his widely recognized expertise on security. They also point to his leadership after the Sept. 11 attacks.

"Folks on both sides of the aisle respect him for his leadership," said Court Rosen, a PhRMA spokesman. "I don't think it's a partisan issue."

Richard Himelfarb, a political scientist at Hofstra University , called PhRMA's hiring of Giuliani a "touch of brilliance. When it comes to issues of security and safety Rudy is Teflon."

Officials at Giuliani's firm say he has a background in investigations and a reputation for integrity and thoroughness. "When you package all these things ... what he has to say is worth listening to," said Dennison Young, a managing director at the firm.

Supporters of importation acknowledge Giuliani's expertise on security but question how objective he can be when his client has a clear mission.

"It's pretty clear that he's going to spin all of his findings toward the agenda of his client," said David MacKay, executive director of the Canadian International Pharmacy Association, a trade group.

Giuliani submitted a May interim report to a federal task force also looking into the safety of importing drugs from Canada . Giuliani also testified about the report before a Senate subcommittee and the Senate Judiciary Committee. A final report is expected in about a month.

Meanwhile, several states and cities have turned to Canada to buy drugs. But Giuliani's report warns against such moves.

States and cities "have to approach this with great caution, given what we now know," said Young, who spoke on the firm's behalf. "This should not become a political issue."

Giuliani's report found that many drugs are not "reimported" from Canada , meaning made in FDA-approved sites in the United States and then shipped back. In many cases, the report said, those medications are manufactured in countries such as Pakistan or China .

The report also said there is "significant evidence" of customers getting expired or counterfeit drugs.

Giuliani's report also found flaws in the U.S. drug system, namely that there is minimal federal oversight.

"The more we gather information the clearer it becomes that this is a serious problem that the United States will have to address," Young said.

While MacKay credits Giuliani for pointing out flaws with America 's system, he disputes findings about the safety of drugs shipped from Canada saying much of the findings rely on an earlier faulty study and make generalities based on drugs from other countries.

Giuliani's role will probably not have much of an impact on the debate, said Robert Goldberg, a senior fellow at the Manhattan Institute, a think tank. "As a study alone it will not blunt the political momentum," he said.

http://todaysseniorsnetwork.com/guiliani_sells_out.htm

LaRouche Running Mate & Million Man March Organizer Indicted on Incest Charges

LaRouche Organization Profile of James Bevel
http://www.etext.org/Politics/LaRouche/larouche.program.03

The Reverend James L. Bevel

The Reverend James L. Bevel, 55, who has agreed to run as Lyndon LaRouche's vice presidential candidate, is a prominent name in the history
of the American civil rights movement, in the history of the movement against the Vietnam War, and other milestones of 20th-century American political life.

Born Oct. 19, 1936, in Itta Bena, Miss., he is an ordained Baptist minister, having attended the American Baptist Theological Seminary in Nashville, Tenn. from 1957 to 1961. He has pastored churches in Tennessee, Illinois, Ohio, and New York.

In his theological studies, and later as a minister, the Rev. Bevel came to the understanding of Christianity as what he characterizes as the "science of human consciousness,'' underlying and mandating each and every individual citizen to take responsibility for the human community overall. It was on the basis of that outlook that he came to non-violence, and came to assume responsibility for the pivotal role in the civil rights Movement of the 1960s.

At the same time, he says he came to see expressed in the Declaration of Independence the fullest sociological manifestation of scientific human consciousness, the goal toward which all people must strive.

It was those two concepts, he says, that formed - and form - the twin bases of his thinking, social action, and educational and economic development theories and processes.

Non-Violence

As a young pastor of a congregation, the Rev. Bevel was introduced to Leo Tolstoy's "The Kingdom of God is Within You'' and Mahatma Gandhi's "My Experiment with Truth,'' and as a result, his ministry turned in a radically different direction as he became involved with a non-violent study group in Nashville in 1959. In 1960, he became a leader of the sit-in movement in Nashville; from that day forward, he says, he was involved in consistently applying the theology of the Sermon on the Mount to social problems and personal needs alike.

It was under his chairmanship of the Nashville Student Movement that the Freedom Rides were continued--the Freedom Rides which led to the ending of segregation in interstate transportation.

As a member of the Student Nonviolent National Steering Committee, the Rev. Bevel assumed the responsibility for the Mississippi Project, one of three projects being set up in 1961-62 by the Student Nonviolent Coordinating Committee (SNCC), the other two being the Albany Project and the Selma Project. It was his work in, and his success in, these non-violent projects that led Dr. Martin Luther King, Jr. to ask him to function as the Mississippi field organizer for the Southern Christian Leadership Conference (SCLC), and, later, as the director of the SCLC's Direct Action.

It was while serving in this capacity that the Rev. Bevel developed the Children's Marches in Birmingham and initiated the world-famous March on Washington in 1963.

After the 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, he proposed, developed, and executed the Alabama Right to Vote Movement, which culminated in the Selma campaign and the March on Montgomery in 1965. Those movements led, in turn, to the passage of the 1965 federal Civil Rights Voting Act.

Wanting to test the theory of non-violence in a Northern context, he developed the Tenant Unions and the Open Housing Movement in Chicago in 1965 and 1966, which led to a ruling by the U.S. Supreme Court to outlaw racial segregation in housing. He had previously challenged the non-violent movement to oppose the use of violence in foreign policy. As a result, in 1966, he became the director of the Mobilization to End the War in Vietnam. Under his directorship, the Mobilization to End the War in Vietnam produced the largest demonstration in the history of the United States to that date, at the United Nations building in New York, on April 15, 1967.

Bevel was the director of Non-Violent Education in the Poor People's Campaign, and was present with Martin Luther King at the Lorraine Motel in Memphis, Tenn. on April 4, 1968, when King was shot.

Leaving the SCLC

His insistence on a fair trial for accused Martin Luther King assassin James Earl Ray led to his departure from the Southern Christian Leadership Conference.

About the same time, Bevel was also attempting to get the SCLC to fight against the buildup of militarism around the world, and to fight for the scientific education of American children. Not finding support in the SCLC leadership for his ideas for a fair trial for Ray, or for a worldwide citizens' movement to fight the military buildup and to fight for scientific education for all American children, he was voted out of the organization; thereupon, he attended Vanderbilt University Divinity School to further his theological studies.

Discovering that psychology and psychoanalysis were not sufficient to address the problems of mental disorder created by segregation and oppression, Bevel developed the Man Non-Violent Clinic in Baltimore, Md., to study and rectify the psychological damage done to both European-Americans and African-Americans by the practice of slavery and racial segregation. It was out of this study that Bevel developed the Human and Community Development Institute in Nashville, Tenn., and the Organic Farm Project in Hiram, Ohio.

In 1984, Bevel ran for Congress in the 7th Congressional District in Illinois, introducing the Precinct Council as a means for character, institutional, and economic development. Running as a Republican, he received 33% of the vote in a predominantly Democratic district where Republicans normally receive 8-10% of the vote.

After the murder of a young basketball star in Chicago, Bevel developed the SEED (Students for Education and Economic Development) Process, to give inner-city children a tool that is more powerful than gang membership.

He has recently been elected as the Director of the Bettis Academy in Trenton, S.C., where he is developing a comprehensive educational and economic development curriculum that will leave students economically independent and institutionally sovereign.

Civil rights activist faces sex charge
By Matthew Barakat
ASSOCIATED PRESS
June 15, 2007

LEESBURG, Va. -- Women from across the country have stepped forward with charges of sexual misconduct against a prominent civil rights leader who has been charged with having sexual relations with a teenage relative in the 1990s, a prosecutor said yesterday.

The Rev. James L. Bevel, 70, who once worked closely with Martin Luther King and later joined political maverick Lyndon LaRouche as his vice-presidential candidate in 1992, was charged last week with incest -- a felony in Virginia punishable by up to 20 years in prison.

Since his arrest, Loudoun County prosecutors "are getting calls from people all over the country saying the defendant engaged in inappropriate sexual conduct," prosecutor Gigi Lawless said at a bail hearing yesterday.

The calls to prosecutors since Mr. Bevel's arrest involve women unrelated to him, she said.

Miss Lawless told the judge that the relative later confronted Mr. Bevel in a taped conversation. He acknowledged the sex but chastised her "for believing it was something other than religious training," Miss Lawless said.

Miss Lawless argued unsuccessfully that Mr. Bevel should be denied bail while he awaits trial, saying he poses a danger to the community.

But Circuit Judge James H. Chamblin set a $30,000 bond with the conditions that Mr. Bevel avoid contact with children and that he temporarily move from his Alabama home to the District, where family friends have agreed to serve as his custodian.

Mr. Bevel did not speak during yesterday's hearing, and his wife, Erica Henry, declined comment.

Defense attorney Buta Biberaj said Mr. Bevel will plead not guilty, but declined to discuss the charges in any detail.

"Right now, these are only accusations, allegations," Mr. Biberaj said.

Mr. Bevel has not been arrested in nearly 40 years, Mr. Biberaj said. His criminal record consists of contempt of court citations and other charges associated with his desegregation efforts and protests during the civil rights movement, Mr. Biberaj said.

Mr. Bevel, who worked with King and witnessed his assassination in Memphis, Tenn., in 1968, has played a key role in some of the country's major civil rights protests.

He organized the 1963 Children's Crusade in Birmingham, Ala., and was a leader of the Freedom Rides to desegregate public accommodations throughout the South in the early 1960s.

In addition, he was an architect of the March on Washington in 1963 and the Selma-to-Montgomery march in Alabama in 1965.

News articles from Nation of Islam publications also credit Mr. Bevel as a chief organizer of the Million Man March in 1995.

At the time, Mr. Bevel was Mr. LaRouche's running mate, Mr. LaRouche was serving a federal prison sentence for conspiracy and mail fraud.

It is not clear whether Mr. Bevel is still associated with Mr. LaRouche's organization, which is based in Loudoun County. A call to Mr. LaRouche's Schiller Institute was not returned yesterday.
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http://www.washingtonpost.com/wp-dyn/content/article/2007/06/14/AR2007061402085_pf.html

Prosecutor Details Incest Trial's Origins
By Amy Orndorff
Washington Post Staff Writer
Friday, June 15, 2007; B04

Incest allegations against a leader of the U.S. civil rights movement of the 1960s arose after some of his grown daughters began comparing notes and realized that they had had similar experiences when they were younger, a Loudoun County prosecutor said yesterday.

The daughters confronted their father, James L. Bevel, who told them that he had performed sex acts as a way to guide and train them and that they were wrong to think it was inappropriate, Assistant Commonwealth's Attorney Gigi Lawless said. Since his arrest, the prosecutor's office has gotten calls from people across the country alleging that Bevel engaged in inappropriate sexual conduct, she said.

The prosecutor's comments came as she tried to convince Circuit Court Judge James H. Chamblin that Bevel, indicted last month on an incest charge, was a threat to public safety and should remain in jail. Defense attorney Buta Biberaj argued that her client had turned himself in to police and was not a flight risk. Bevel has no criminal record except for charges stemming from civil rights protests in the 1960s, and "that gives weight that he is not a danger to the community," Biberaj said.

Chamblin released Bevel on $30,000 bond but said the close friend of the late Rev. Martin Luther King Jr. cannot have interaction with anyone younger than 18 or leave Virginia or the District. Bevel, a 70-year-old minister, has been charged with one count of unlawfully committing fornication. Prosecutors said the incident occurred between Oct. 14, 1992, and Oct. 14, 1994, when his accuser was 13 to 17 years old.

The allegations arose when his daughters, who live around the country and did not grow up together, began comparing their childhood experiences and found similarities.

"He kind of spins it like: 'Yes, I did have sex with you, but it was religious training,' " the prosecutor said.

When they decided to press charges, Bevel's daughters began looking at different jurisdictions where they say offenses occurred. They approached authorities in Loudoun because Virginia does not have a statute of limitations on felonies, Lawless said. The accuser filed a formal complaint to the Leesburg police in September 2005.

The prosecutor also told the judge that the daughters were concerned for the welfare of Bevel's youngest daughter, who is a minor. The daughter is staying with grandparents, Lawless said.

Bevel, who lives in Eutaw, Ala., according to court documents, was visiting his local sheriff's office late last month to discuss community programs when he was approached about the warrant in Loudoun. When confronted, Bevel was arrested without incident and waived extradition. He arrived in Virginia on June 3.

Bevel sat quietly and attentively in a orange-and-white-striped jumpsuit and leg irons during the hearing. If convicted, he could receive up to 20 years in prison, Lawless said.

Most notably, Bevel organized the 1963 Children's Crusade in Birmingham, Ala., and led marches for desegregation in Washington and across the South.

In 1968, he witnessed the assassination of his friend, King. Bevel was the vice presidential running mate of Lyndon LaRouche Jr. in 1992 and helped organize the Million Man March in Washington in 1995.

Bevel Grant Bond Pending Incest Trial
By Catherine McKinney

Loudoun Circuit Court Judge James H. Chamblin posted a $30,000 bond for the release of James L. Bevel, a civil rights leader who worked closely with Dr. Martin Luther King Jr. in the 60s and who now faces up to 20 years in the Loudoun jail after an alleged incestuous relationship that took place more than a decade ago.

At a bond hearing this morning, Chamblin said Bevel was a candidate for bond so long as he remained under supervision, did not travel outside of Washington, DC, or Virginia, and enrolled in the court's pretrial program, which requires an appearance at the Loudoun County Courthouse in Leesburg once a week. Additionally, he would be prohibited from contact with anyone under 18.

A Loudoun grand jury indicted Bevel last month on one count of committing unlawful fornication. Bevel was arrested in Alabama and returned to Loudoun to be held at the Loudoun County Adult Detention Center until his bond hearing today.

With a careful stride, the disheveled 70-year-old civil rights leader took his seat beside his attorney, Buta Biberaj. Bevel was wearing an orange and white striped jump suit, with the words "Loudoun County Prisoner" in bold black letters running down one of his pant legs. He also wore handcuffs and shackles, whose subtle clinks echoed inside the courtroom whenever he moved.

According to the indictment, the crime occurred in Loudoun between Oct. 14, 1992 and Oct. 14, 1994, when the victim-Bevel's daughter-was between 13 and 17 years old.

Leesburg Police spokesman Jeff Dube previously said the complaint against Bevel surfaced in September 2005, but would not release any more details about the investigation.

During the bond hearing this morning, Assistant Commonwealth's Attorney Gigi Lawless said Bevel, who lives in Alabama, has adult children by four different women. The children were raised apart from each other, but as they grew up they attempted to get to know one another, Lawless said. It was then discovered that Bevel had had sexual relations with at least one of his daughters for a number of years, she said.

Bevel told his daughter at the time that he was contributing to her "religious training" and that if she thought anything more of what happened between them, she was a "dirty whore," Lawless said the victim told her. At that time, Bevel's daughter was 15.

Years later, the victim and some of her siblings approached Bevel, who-according to Lawless-did not deny the actions for which his children accused him.

Instead, "he does admit to engaging in inappropriate sexual behavior with his daughter," Lawless said today.

While the majority of the crimes took place out of Virginia, Bevel's daughter decided to contact the Leesburg Police Department and pursue charges in Virginia because felony crimes are not subject to a statute of limitations, Lawless said, adding that at least one of the sex crimes took place in Leesburg in 1994.

Lawless also said that she and Assistant Commonwealth's Attorney Nicole Wittmann believe that Bevel's daughters are not his only victims, saying that they have been receiving calls from people that span the country alleging that they, too, had had sexual relations with Bevel as children.

"Based on the allegations, this defendant is a danger to the community and should be held without bond," Lawless said.

Regardless of what is being said, Biberaj pointed out that the allegations are "suspicions and accusations" and have not yet been proven in court. She added that Bevel will plead not guilty to the charge against him.

"We don't have any specific knowledge," about the truth of any of these allegations, Biberaj said today. "They are just accusations at this point."

There are no statements or evidence saying that anything has happened post-1994, Biberaj said as she argued for Bevel to be released on bond.

She introduced a former pupil of Bevel's, who lives in Washington, DC, and who agreed to take custody of his mentor until the end of the case if Bevel made bail. Biberaj said the former pupil also would provide for all Bevel's transportation needs to ensure that Bevel arrived for court appointments and did not attempt to flee the area. Abraham also would be responsible for making sure that Bevel did not have any contact with anyone under 18, Biberaj said.

"All things considered, I think he is a candidate for bond," given the restrictions placed upon him if he should make bail, Chamblin said. Until that point, Bevel will remain a prisoner at the Loudoun County Adult Detention Center.

Bevel is credited with playing a key role in some of the country's major civil rights protests, including the 1963 Children's Crusade in Birmingham, AL. He also was a leader of the Freedom Riders to desegregate public accommodations throughout the southern states in the 1960s and was an architect of the March on Washington in 1963 and the Selma-to-Montgomery march in Alabama in 1965. Bevel also helped organize the Million Man March in Washington in 1995.

In 1992, Bevel was a candidate for Vice President of the United States on the ticket with Lyndon LaRouche, a Loudoun-based political activist and economist who was convicted for mail and tax fraud as well as illegal fundraising practices. LaRouche and Bevel received less than 1 percent of the popular vote.

http://www.leesburg2day.com/articles/2007/06/14/news/fp904obevel061407.txt

Judge Rules Against Reporters In Case Against FBI

Editor & Publisher
June 29, 2007

" ... agents blocked their microphones and cameras and used excessive force against the journalists by shoving them through a security gate, punching, kicking, and hitting them with batons, and utilizing pepper spray. ... "

NEW YORK A judge threw out a lawsuit filed by a group of journalists who sued the FBI recently, The Reporters Committee for Freedom of the Press reported on June 27.

Chief U.S. District Judge Jose Antonio Fuste of San Juan, Puerto Rico,
presided over the suit, which the journalists filed after being attacked by FBI agents while covering an FBI search of an apartment in San Juan. Fuste granted the FBI’s motion for summary judgment on the grounds that state officials can be granted immunity from “the burden of standing trial or facing other onerous aspects of litigation.”

The journalists were represented by William Ramirez, an attorney with the American Civil Liberties Union of Puerto Rico; Ramirez told the RCFP that he “disagreed with the judge’s recitation of the facts.”

The journalists claim that during an FBI execution of a search warrant on a San Juan apartment in February 2006, their First Amendment and Fourth Amendment rights were violated after agents blocked their microphones and cameras and used excessive force against the journalists by shoving them through a security gate, punching, kicking, and hitting them with batons, and utilizing pepper spray.

The FBI disagreed with this account, saying that some of the journalists were injured when they attempted to squeeze through a narrow gate. It was noted by Fuste that the FBI agents were also facing an angry public, which had gathered outside the gates of the apartment to observe and protest the raid. The group soon began shouting and throwing rocks at the FBI vehicles. During the tumult, the journalists were waved through the residential gates by a member of the complex; the FBI agents responded by ordering the journalists back out and using pepper spray to enforce the order.

Fuste ruled that the agents were justified in their use of force and pepper spray because it was reasonable to assume that such actions were preventative measures against an escalation of violence by the gathering mob. The judge also ruled that First Amendment rights had not been violated because there was no legal precedent in which the obstruction of microphones and cameras was ruled a First Amendment violation.

Ramirez countered this by telling the RCFP that the crowd’s response of throwing rocks at the FBI vehicles was a reaction to seeing the reporters being attacked, and that “any unjustified impediment to the press doing its job” is a First Amendment violation. He added that an appeal to the ruling is planned.

http://www.mediainfo.com/eandp/news/article_display.jsp?vnu_content_id=1003605768