•

k\1

1 1 1

The Attorney General.

Lrector, FBI •

- REC-30-1 . 3.

ASSASSINATION or MARTIN LUTHER KING,

- Mr. - Mr. - Mr.

- Mt.

- Mr. Tyitr!r"

Callahan Adams Gallagher

'December 29, 1975

O'Connell Peelman Lawn Wannall Moore

Attached is a copy of a'letter and envelope with enclosure dated December 15, 1975, received by this-, Bureau from James Earl Ray.

In his letter, Ray requests that no evidence or - potential evidence be destroyed by the FBI or by the Department pending a decision on Ray's appeal before the U. S. Sixth Circuit Court of Appeals.

For your information,' all physical evidence acquired by this Bureau during the course of this investi-gation was turned over to Tennessee authorities in October, 1968, pursuant to Departmental instructions received by this Bureau on October 24, 1968.

Receipt of Ray's letter has been acknowledged by this Bureau.

Enclosures (3)

1 - The Deputy Attorney General

1 - Assistant Attorney General Civil Rights Division •

1 - Assistant Attorney General - Criminal Division

et.

- Enclosures (3)

Enclosures (3)

Enclosures (3)

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"MURKIN".

44-38861

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Mr. Gallagher dated 12/24/75, captioned MAILED 7

DEG 2 91975

. cef •

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Pi

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e'

short period

legal request

that the Government not destroy any evidence in the ma eoes not appear to be

10AP inconsiderate or inappropriate. Al%tip, T /lc:, .'w.3 ' *Maw .. vr ■ ■ . / A I Al a, I', 4' r.S.:97:e. 1 o.- D46 - 04C ..1

A4r AlErr-

potential evidence be destroyed.by the FBI or it's parent until the ourts, rather than the J.D., have de a final mer t of e Habeas Corpus appeal now pendieto before the circ toourt of ap;)eels. See, Ray v. Rose, Can no. 73-

?PFP-vi eFurther,_their- should be a final detellination in the c! 4DVeli. Wore.

the indup of 1976: howeveri thert(arter, apparently under Tennee4vee case,lew a defendant can, after the Sup: Cte-denies certiorari if it does herein, file a.civil action as a collateial to the cr. fiction but any legel action with re-ference to criminal or civil can be concluded within a relative in the evidentiary phase of the proceedings and thus the h

Justice Department

determination on the

41ted States Sixt

--rrep.-avarrerwir":4*

.arence M. Kell .actor, F.B.I.

,ishington, D.C.

December 15th 1975

ti Dear Sir:

re: Ray(def.) v. Tenn., Cr. indictment no.16645. Shelby county, Tennessee. (1968)

In reference to the above titled suit, I (the defendant) have been with the assistance of counsel pursuing this matter through the courts (rather than the press & cormittees) for the past six (6) years attempting to have the plea voided ene thereafter receive a jury trial.

However, as of late several press releases have been received here with substantial misgivings, one with reference to your office cited below:

In the December 11th 1975 edition of the Nashville Tennessean newspaper it was reported that in responce to a question from United States Senator 'Barry Goldwater, before a Senate committee on 12/10/75, you implied that...ndepending on the Justice Department decision whether to reopen the above suit, certain evidence,eg., FBI tapes & other material pertaining to the Dr. Partin Lut King Ir. investagation, would be destroyed", or words to that effect.

Because of the aforementioned implied action by your office, and gnce unlike the former Director the defendant has not as yet been planted and thus can and still does intend to defend himself before the courts, I would respect-fully request (or what ever phrase is legally necessary) that no evidence or

The defendant is also not convinced, contrary to press speculation, that the material in question is in sum salacious in nature as it is incon-ceiveable the Eureau would conduct a protracted investigation looking exclus-ively for indecorous hatter-- and the defendant would expect no evidence be destroyed relieinE on such an explanation.

In-a related matter, during the Watergate hearings & trials their was considerable vexation in the communications industry and their political go-betweensbecause,of speculation in the same industry that the White House tapes and other potential evidence might be destroyed or altered thus an "obstruction of justice".

I don't expect the sane vexation in the instant matter but I believe the courts did subsequently rule said Whijle House tapes were legitimate evidence and under the same rationale the material your office has implied it would destroy would apcear to be "letigimate evidence". Further, Title 28,section 534 of the U.S. code might preclude the destroying of evidence; also, se.. attached clipping ':herein the U.S. court of appeals for the District of Coluipbia ruled that "full sanctions" would in the future be in-voked it the Bureau destroyed evidence which could provide information or leads for cr. defendants.

I believe the defendant, concurrently with the courts, has standing in this matter having been sentenced to an extended , under the indictment and until just recently confined under Z;

14!% primitive (solitary confinement) conditions and for the Government's agents to be burninz potential evidence on the eve of a possible supreme court ruling, or ratifying a lower court ruling,, reversing the defendant's conviction because of Fraud would appear to be Actionable.

Concluding, maybe it's custom that some tyoe restraining order be filed with the courts to enforcd the aforementioned request but where the petitioner; as defendant is, indigent the courts customarily put a liberal interpretation on matters of the instant 4uality.

( a copy of the foregoing letterwill be posted to the A.G. for Shelby county, Tennessee, as Tennessee apparent/y- still,has jurisdiction in the indictment gild interest in the subject matter.

Sincerely: defendant, James e. Ray d67477 cc: Barry Goldwater, U.S. Senator Station-A cc: Hugh Stanton jr., Esq. A.G. Shelby ct.in. State Prison cc: defendant's counsel Nashville,Tn.37203.

In summary,

a substantial legal prison term in"1969

1:1

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opin

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