this.
He hired a skilled trial advocate from Memphis named Benjamin Keyes. Their first tactic was to move to dismiss the indictment on the grounds that it was unfair to try him again after such a delay. This proved to be a persuasive argument, and it took a decision by the Mississippi Supreme Court to settle the matter. Bya vote of six to three, the court ruled that the prosecution could proceed.
And proceed it did. The third and final trial of Sam Cayhall began in February of 1981, in a chilly little courthouse in Lakehead County, a hill county in the northeastern corner of the state. Much could be said about the trial. There was a young district attorney, David McAllister, who performed brilliantly but had the obnoxious habit of spending all his spare time with the press. He was handsome and articulate and compassionate, and it became very clear that this trial had a purpose. Mr. McAllister had political ambitions on a grand scale.
There was a jury of eight whites and four blacks. There were the glass sample, the fuse, the FBI reports, and all the other photos and exhibits from the first two trials.
And then, there was the testimony of Jeremiah Dogan, who took the stand in a denim workshirt and with a humble countenance solemnly explained to the jury how he conspired with Sam Cayhall sitting over there to bomb the office of Mr. Kramer. Sam glared at him intensely and absorbed every word, but Dogan looked away. Sam’s lawyer berated Dogan for half a day, and forced him to admit that he’d cut a deal with the government. But the damage was done.
It was of no benefit to the defense of Sam Cayhall to raise the issue of Rollie Wedge. Because to do so would be to admit that Sam in fact had been in Greenville with the bomb. Sam would be forced to admit that he was a co-conspirator, and under the law he would be just as guilty as the man who planted the dynamite. And to present this scenario to the jury, Sam would be forced to testify, something neither he nor his attorney wanted. Sam could not withstand a rigorous cross-examination,because Sam would be forced to tell one lie to cover the last.
And, at this point, no one would believe a sudden tale of a mysterious new terrorist who’d never been mentioned before, and who came and went without being seen. Sam knew the Rollie Wedge angle was futile, and he never mentioned the man’s name to his own lawyer.
______
At the close of the trial, David McAllister stood before the jury in a packed courtroom and presented his closing argument. He talked of being a youngster in Greenville and having Jewish friends. He didn’t know they were different. He knew some of the Kramers, fine folks who worked hard and gave back to the town. He also played with little black kids, and learned they made wonderful friends. He never understood why they went to one school and he went to another. He told a gripping story of feeling the earth shake on the morning of April 21, 1967, and running in the direction of downtown where smoke was drifting upward. For three hours, he stood behind the police barricades and waited. He saw the firemen scurry about when they found Marvin Kramer. He saw them huddle in the debris when they found the boys. Tears dripped down his cheeks when the little bodies, covered in white sheets, were carried slowly to an ambulance.
It was a splendid performance, and when McAllister finished the courtroom was silent. Several of the jurors dabbed at their eyes.
______
On February 12, 1981, Sam Cayhall was convicted on two counts of capital murder and one count of attempted murder. Two days later, the same jury in the same courtroom returned with a sentencing verdict of death.
He was transported to the state penitentiary at Parchman to begin waiting for his appointment with the gas chamber. On February 19, 1981, he first set foot on death row.
Four
T he law firm of Kravitz & Bane had almost three hundred lawyers peacefully coexisting under the same