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Justice delayed is justice denied

After 40 years, Birmingham bomber convicted

By Leslie Feinberg

Too little, too late and hard, hard won. An Alabama jury of nine whites and three African Americans finally found Bobby Frank Cherry guilty on May 22 of dynamiting the Sixteenth Street Baptist Church on Sept. 15, 1963. The powerful blast killed four children from the all-Black congregation: 11-year-old Denise McNair and 14-year-olds Addie Mae Collins, Cynthia Wesley and Carol Robertson. Scores of others were injured.

It took decades of protest to bring this Klan member to face a jury for this horrendous act of white supremacist terror at the height of the U.S. civil rights movement.

The eyes of the world were on this trial, and nowhere was it scrutinized more closely than within Black communities in Birmingham and around the country. Newsweek notes that, until the verdict was announced, "there was widespread speculation--especially in Birmingham's Black community--that Cherry might yet escape justice; that instead of a conviction Birmingham would find itself with a hung jury--which, many in Birmingham feared, would mean not only another painful trial, but public protests, and maybe riots." (Newsweek, June 3)

The testimony of five family members and acquaintances hammered the nails that helped seal Cherry's fate. They all avowed on the witness stand that Cherry had confessed in one form or another over the years. "Even Cherry's granddaughter, a witness you would think would want to help and support her kin, told the jury that her grandfather 'seemed rather jovial, braggish' when he told her about his role in the bombing." (CBSnews.com, May 24)

Fellow Klan members Robert Chambliss and Thomas Blanton were convicted in 1977 and 2001. Chambliss died in custody in 1985; Blanton is serving a life sentence. A prime suspect, Herman Cash, died in 1994 without being charged.

Birmingham, the industrial heart of the state, was also the heartbeat of the civil-rights movement. The Sixteenth Street Baptist Church was the nerve center of this mass struggle to defeat Jim Crow segregation. Activists, especially Black youths, gathered there to chart strategies to win basic democratic rights denied to African Americans.

The year 1963 saw the newly elected governor of the state, George C. Wallace, boast at his inaugural that there would be "segregation forever." He made an unsuccessful "stand in the schoolhouse door" to bar two Black students from attending the University of Alabama. And he unleashed snarling attack dogs and fire hoses on Black protesters in Birmingham.

In May, thousands from the city's Black community flooded into the streets of Birmingham in response to a call for a mass march by Martin Luther King Jr. Fifteen hundred youth overflowed local jails there within three days. Black people, angered by the repression of Police Chief Eugene "Bull" Connor and his storm-trooper police, hurled rocks, bricks and bottles at the cops. The rebellion that erupted was so powerful that President John F. Kennedy had to address the country about the crisis in Birmingham.

The bomb was detonated inside the Sixteenth Street Baptist Church just days after six years of protest had won the integration of Birmingham's public schools.

African American columnist Gregory Kane recalls, "KKK members were the shock troops used in the campaign of state terrorism throughout the South designed to keep blacks subjugated and submissive. In September 1963, Blanton, Chambliss and Cherry figured that bombing the Sixteenth Street Baptist Church would strike a blow for state's rights, segregation and white supremacy in one fell swoop. All they did was bring about the demise of all three of those things much more rapidly." (sunspot.net, Maryland News, May 26)

The Rev. Fred Shuttlesworth, a renowned civil rights leader from Birmingham, concluded after the Cherry conviction, "The Birmingham of yesterday is no more. The Birmingham where the Klan rules is no more."

Case not closed

The media is saying little about the role of the FBI. The evidence that convicted Cherry didn't suddenly come to light. In the trials of both Cherry and Blanton, jurors heard old FBI tapes of both men bragging about their role in the killings to an informant. Those tapes are now almost four decades old. (CNN.com)

The civil rights movement was the target of a "dirty war" waged by the FBI, with neo-fascist J. Edgar Hoover at its helm. In order to infiltrate the progressive movement, the FBI had worked hand-in-hand with racist state and local authorities throughout the South. The Klan, and other white supremacist night riders, not only worked closely with these authorities--in many cases they were one and the same.

The case cannot be closed until an independent, community-led commission is empowered to investigate the role of the FBI in the 1963 bombing and its cover-up.

Reprinted from the June 6, 2002, issue of Workers World newspaper

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