Phagan Family Newsletter Number Eight: 05/20/2022

Word Count: 1901 Words, Reading Time: 8 Minutes

album-art
00:00

Georgia Legislators Propose Cold Case Lynching Law But REAL Aim is to Exonerate A Single Person: Leo Frank

There is no more important word in today’s world than JUSTICE. I am Mary Phagan-Kean and I am the great-niece and namesake of “Little Mary Phagan,” the thirteen-year-old girl who was raped and murdered by B’nai B’rith leader Leo Max Frank on April 26, 1913. Leo Frank—who admitted he was the last person to see Mary alive—was the factory manager at the National Pencil Company, where the Sam Nunn federal building stands today, and where Mary worked and was killed. On August 25, 1913, after a month-long trial, he was found guilty by a jury of his peers, and on the next day, Leo M. Frank was sentenced to hang for the murder of his young employee Mary Phagan.

Today I represent the Phagan Family as we seek justice for our fallen ancestor, Mary Phagan, because a politically strong and economically powerful group of people have for more than a century been attempting through propaganda and deception to exonerate her killer—Leo Frank.

Background of HB 1555 In March of this year HB 1555 was introduced by Reps. Mike Wilensky, Sandra Scott, William Boddie, James Beverly, Derrick Jackson, and Carl Gilliard, with, according to news reports, the support of Georgia’s Legislative Black Caucus, the Urban League of Atlanta, the Anti-Defamation League, and the NAACP. The bill would establish the “Georgia Cold Case Project to Address Historic Lynchings and Related Matters.” The Phagan family believes that any and all earnest attempts to gain JUSTICE for the wrongs of the past must be supported and encouraged. HB 1555 appears to intend to achieve that worthy goal, but a careful examination of the issue reveals that it may be yet another attempt to clear Leo Frank of the crime he committed and to pin the crime on a black man named James Conley (pictured on the right). Our family has researched and analyzed this case and the thousands of court documents and newspaper accounts and we reject this effort by Leo Frank’s backers to make an innocent Black man guilty of this horrific crime. Is HB 1555 What It Seems To Be? According to the 2017 report of the Equal Justice Initiative (https://eji.org), at least 589 African Americans were lynched in Georgia between 1877 and 1950. It is a stain on Georgia that Fulton County, where Mary Phagan was murdered, was one of the places in America where lynchings were the highest. These crimes must be accounted for and long-overdue justice must be given to the families of the victims.

However, Rep. Wilensky, in speaking about the aims of HB 1555, did not mention any of those 589 black lynching victims—or the more than 4,000 victims across America. He mentioned just one person—Leo Frank—the convicted murderer and rapist of our ancestor Little Mary Phagan. He only mentioned how the stone marking the site of Leo Frank’s lynching in Marietta was recently vandalized. Rep. Wilensky said, “This is the time this bill should be passed, to bring back and research and look into all these cold cases.”

How Guilty Was Leo Frank? Georgia’s Legislative Black Caucus, the Urban League of Atlanta, and the NAACP are probably not aware of how much generational trauma the Anti-Defamation League has caused the Phagan family in their unceasing efforts to put Leo Frank’s crime on Mr. Conley. The ADL claims that Leo Frank was the victim of “anti-Semitism” and that he was innocent of the murder of Mary Phagan. Rep. Wilensky says he wants “research” done, but extensive research has already been done that conclusively proves that Leo Frank was guilty. In 1987, I authored a book on this subject titled The Murder of Little Mary Phagan (Download the FREE PDF here: http://www.jrbooksonline.com/leo-frank/ mary-phagan.pdf). Further than that, a recently published 536-page book by the Nation of Islam uncovers new facts showing that Frank and his legal team engaged in one of the most racist trial defenses in American history. If the sponsors of HB 1555 were truly interested in researching the Mary Phagan murder case, they need to read both books. The Phagan family has provided physical copies of this book by black scholars of the NOI to the entire Georgia state legislature for their own review. Below are some well-researched facts (along with the relevant pages of the book):

• A 23-member grand jury that included five prominent members of the Jewish community voted for the indictment of Leo Frank. (See pages 52, notes 102-106; 88 n. 181; 146-147;
160; 212; 338.)
• Frank himself told a Jewish newspaper publisher: “Anti-Semitism is absolutely not the reason for this libel [murder conviction] that has been framed against me. It isn’t the
source nor the result of this sad story.” (Page 142.)
• Leo Frank, as leader of B’nai B’rith, publicly and openly used the N-word in referring to African Americans. His defense attorneys used the N-word and other racist slurs
dozens of times in his murder trial. Frank’s main attorney told the jury: “If you put a [N-word] in a hopper, he’ll drip lies.” (Pages 121-133, 363.)
• 20 young women and girls gave such powerful testimony about Leo Frank’s sexual harassment at the factory that none of his many highly paid attorneys dared to cross-examine
them—not one. (Pages 107-123.)
• Frank argued in court that the many Black witnesses that testified should not be believed—simply because they were black—and that “negro testimony” was by definition
inferior and unreliable. Further, Frank argued to the all-white jury that murder, rape, and robbery were “negro crimes” and thus, he, a white man, could not have committed the
murder of Mary Phagan. (Pages 124-136.)
• Frank himself hired two of the most prominent (and expensive) private detective agencies in America—the Pinkerton and Burns agencies—and both concluded that Leo Frank was
the murderer of Mary Phagan. (Pages 47-48; 65-66; 91 note 187; 147; 247.)
• Leo Frank’s own black maid, Minola McKnight, swore that she overheard Frank’s wife and her mother discussing how Frank had confessed that he had killed a girl. (Pages
378-379, 423-428.)
• Before Frank accused his employee James Conley of the crime, Frank accused the African American night watchman who found Mary’s body, Newt Lee. Frank’s hired private eyes
actively targeted Lee and actually planted a blood-soaked shirt in the innocent man’s home, and then told the police where they could find that damning “evidence.” At the same
time, Frank altered Lee’s workplace time card in order to make Lee the prime suspect. (Pages 35-44.)
• Jewish businessman Albert Lasker financed Frank’s legal defense. His private view of the B’nai B’rith president was harsh and disturbing: “he impressed us as a sexual pervert. Now, he may not have been, or rather a homosexual or something like that.” Lasker said, “I hope he gets out…and when he gets out I hope he slips on a banana peel and breaks his neck.” (Pages 216-217, 254-255, 322.)
• The New York Times reported that Frank supporters tried to hire a Black woman named Annie Carter to poison Mr. Conley. She identified the plotters in open court as prominent members of the Jewish community. (Pages 262-263.)
• Leo Frank refused to take an oath on the Bible, and then refused to be cross-examined by prosecutors. (Pages 136-140, 362-382.)
• Leo Frank’s attorneys fought tooth and nail to keep Blacks from participating in any part of Frank’s trial. They used their power to eliminate Blacks from the jury pool. (Page 88)
• Several of Frank’s strongest advocates—including his main lawyer and the man who financed his legal appeals—were both Jewish and open and active members of the American eugenics movement. (Pages 217, 221-222.)
• In 1987 a “witness” named Alonzo Mann materialized, claiming that he was at the factory in 1913 on the day of the murder and saw Conley carrying the body of Mary Phagan. I actually interviewed Mr. Mann in my home on July 19, 1983, for four hours. But Mann had given as many as six conflicting stories that are irreconcilable with the known facts. (Pages 435-464.)

There is much, much more that can and will be presented about the murder of Mary Phagan by Leo Frank. If HB 1555 is intended to get justice for the families of the victims of violence, then the TRUTH about Leo Frank’s murder of Mary Phagan should not be LYNCHED by this bill. Over the course of the many efforts by the ADL to deceitfully clear Leo Frank of his crime, the Phagan family has been purposely excluded from official processes. Georgia’s Century-Old Secrets! HB 1555 is clear about the new process: “Using all available criminal investigation techniques and historical research techniques to investigate, resolve, and, if possible, redress unresolved homicides relating to...historical lynchings.” If this is true, then Reps. Wilensky, Scott, Boddie, Beverly, Jackson, and Gilliard can start by answering why the Georgia government has deemed important documents related to the Leo Frank case “state secrets”! In a time where every state agency and politician is preaching “transparency” and open government, how can anything about a 109-year-old case be considered “SECRET”?! The State Board of Pardons and Paroles will not tell us how many documents remain “classified” in the “state secret” category; nor what exactly those documents contain. Who and What are they protecting, and Why? There can be no justice or resolution of this case if the state of Georgia will not release documents from a 109-year-old case! Censorship Continues The sponsors of HB 1555 should be asking the ADL some hard questions about why they have lurked behind the scenes and pushed to have BOOKS BANNED, YouTube videos removed and to have the internet scrubbed of Georgia and Supreme Court records, and original newspaper links. Thanks to the underhanded actions of the ADL, they are NO LONGER AVAILABLE! What are they trying to hide? If this is NOT the case, then immediately RELEASE THE “SECRET” FILES of the Leo Frank case for all to see.

FACTS ARE NOT HATEFUL!
But the ADL IS DECEITFUL

DECEIT, noun
1. The act or practice of deceiving; deception.
2. A stratagem; a trick.
3. The quality of being deceitful; falseness.
The American Heritage® Dictionary of the
English Language, 5th Edition.

The Phagan family has no objection to anyone expressing their opinions about the Frank case, but we do insist that organizations and personal campaigns not distort the truth and facts to use this case for their own political purposes. For over 100 years, each passing decade brought with it “new historical evidence” falsely claiming to exonerate Leo Frank. The Phagan family has stated since 1982 that if there were clear-cut evidence to clear Frank of this heinous crime, we would come forward and ask for exoneration. However, such historical evidence has never come to light. Rather, there are considerable data, extensive documentation, revealing archival material, and legal, court, and government records that only support and even strengthen the guilty verdict.

For questions and interviews please contact Mary Phagan Kean at http://www.littlemaryphagan.com

Permission granted by Mary Phagan Kean to publish this version of the Phagan Family Newsletter.

If you enjoyed this newsletter, please download and share it with people who are interested in the case:

Download The PDF Newsletter Number 8, here

Phagan Family Newsletter Number Seven: 01/25/2021

Word Count: 1384 Words, Reading Time: 6 Minutes

album-art
00:00

DENIED!

Georgia state board of pardons and paroles denies Phagan Family December 4th, 2020, request to declassify the non-public documents from it's files on Leo Frank!!!

Georgia’s 106 Year Old Secrets!

The Phagan family filed requests for all of the documents, recordings, and other data related to the case of the convicted murderer Leo M. Frank. We received over 1500 documents in December 2020, which included Alonzo Mann’s videotaped testimony when certain people and organizations were seeking a posthumous pardon for Leo Frank in the 1980s. But some documents were DENIED to the family and considered “state secrets”? In a time where every state agency and politician is preaching “transparency” and open government, how can anything about a 106-year-old case be considered “SECRET”?! We were not told how many documents remain in the “state secret” category; nor were we told what exactly those documents contain. Who and What are they protecting, and Why? There can be no justice or resolution of this case if the state of Georgia will not release documents from a 106-year-old case! And WHY isn’t the media asking these questions and INSISTING on answers?

Censorship continues:

BOOKS have been BANNED, YouTube Videos have been removed and Georgia and Supreme Court records and Original newspaper links are NO LONGER AVAILABLE!

Why?

To “silence the opposing view”? What is the truth of the Leo Frank Case? Truth has become inappropriate or offensive or objectionable and is deemed “hate speech” to impose censorship.

FACTS ARE NOT HATEFUL!!!

Georgia Senator John Ossoff is being compared to Leo Frank.

Will Sen. Ossoff help the Phagan family get to the “truth” of this case? Facts Senator Ossoff should know about Leo Frank: • Leo Frank was prosecuted after a grand jury with five Jewish members indicted him. • All three Georgian newspapers in 1913 had Jewish editors, and they never reported anti-Semitic slurs or shouts either before, during, or after Frank’s trial. • Frank appealed the guilty verdict and lost 13 separate times. • Frank tried to pin the murder of 13-year-old Mary on two different black men, claiming that rape and murder are “negro crimes” and that the blacks who testified against him should be barred because “negro testimony” was invalid. • The claims that the trial was dominated by a mob chanting “Kill the Jew!” were debunked by ADL expert Steve Oney, who said, “It never happened.” • Leo Frank was not lynched because he was Jewish, but because he was a convicted child rapist and murderer. A group calling itself the “vigilance committee” carried out the sentence after Governor John Slaton, on HIS LAST DAY IN OFFICE, commuted Frank’s death sentence.

Why aren’t these facts ever brought up? If one reads the old newspapers, as Oney did, one will not see any mobs or read any anti-Semitism. There were orderly crowds of curious people who patiently waited to get into the courthouse to view the trial, but that was it. Read many of these articles on LittleMaryPhagan.com. We have made them available to the public. Nowhere can it be found in the original newspapers that there was a “mob outside of the courtroom shouting anti- Semitic slurs” at the jurors or anyone else. Even Frank’s “savior,” Gov. Slaton, acknowledged that reality and the fact that the Jewish people were respected members of society in Georgia at the time. The religion of Leo Frank played no role in his guilty verdict or his lynching, which was the result of the reprehensible crime he committed. Oddly enough, it was Frank’s own mother who brought religion into the trial by embarrassing herself in court with the shouting of anti-Christian slurs at the prosecutor, Hugh Dorsey. Steve Oney, author of a 742-page book on the case and considered by the ADL as their top authority, reported: “To the extent that there was bias in the coverage, it was mostly in Frank’s favor…” He goes on to state that Atlanta’s newspapers, “evincing the prejudices of the time, ridiculed the state’s star witness—a black factory janitor named Jim Conley…” In fact, in the face of damning evidence Atlanta’s media insisted upon Frank’s innocence and sought to reinforce how much integrity he had as the leader of B’nai B’rith. The three Georgian papers— all with Jewish editors—went along with Frank’s defense team in their racist desire to pin the crime on two separate African American men—first Newt Lee (the night watchman who discovered the body), and then Jim Conley.

Multiple articles are being written every year memorializing Frank’s lynching, either refusing to acknowledge that Leo Frank could have been guilty (based on the mounds of evidence) or blatantly lying and falsely claiming “anti-Semitic mobs” or Frank’s Jewish background was a major factor in the case. This is highly misleading and only serves to spread untruths about the case, and further robs the real victim, Little Mary Phagan, and the Phagan family of true justice.

Michael Beschloss Embarrasses Himself with Frank Tweet

On January 5, 2021, the noted presidential historian Michael Beschloss, tweeted the false and thoroughly debunked fiction that Jews fled the state of Georgia as a result of the lynching of Leo Frank on August 17, 1915. There is no evidence of this alleged exodus and none of the serious historians of Jewish history will back the claim. Several notable scholars correct Beschloss on that issue:

Alleged Jewish Exodus NEVER OCCURRED

Steven Hertzberg: “[T]here was no dramatic exodus or panic. The Jews were frightened, but most went about their business as usual and no serious incidents occurred.” Albert S. Lindemann “Even in Atlanta, where the Jewish community was deeply shaken by the Frank Affair and where Jewish leaders long opposed efforts to rehabilitate Frank because of the hostility such efforts might revive, Jews continued to move into the city in numbers no less impressive than before the Frank Affair.”

Institute of Southern Jewish Life Study “The Community Grows: Despite the fears stemming from the Frank lynching, Atlanta’s Jewish community continued to grow. In 1910 there had been 4,000 Jews, by 1937 there were 12,000.”

The Secret Relationship Between Blacks & Jews, Vol. 3 “This claim is patently false. The only Jewish exodus from Georgia occurred in 1740, when England banned slavery there. According to historian Rabbi Jacob R. Marcus, Jews left because ‘Negro slavery was prohibited, the liquor traffic was forbidden.’”

Listen & Learn with Audiobooks by the American Mercury

REVIEW: The Murder of Little Mary Phagan is an exceptionally insightful semi-autobiographical book, detailing a fascinating exploration of one of the most sensational criminal cases of all time. What makes this book so intriguing is it provides an intimate view of the Frank-Phagan case from the adult grandniece of the teenage victim — little Mary Anne Phagan, the tragic child laborer who was murdered on April 26, 1913, in Atlanta, Georgia. This true crime monograph is widely regarded as the most even-handed book ever written about the Frank-Phagan affair (1913-1915) and its contentious aftermath (1915-1986). It also provides facts and evidence about the case found in no other book. Mary Phagan Kean also offers a uniquely neutral analysis of the monthlong capital murder trial which ended in Frank’s conviction. Mary Phagan Kean is the namesake of the murder victim, Mary Phagan, being her grandniece. When the author was 13 years old, she discovered her given name was no mere accident or coincidence. When people heard her name, they started asking her questions about whether she was related to the famous little Mary Phagan who had been murdered long ago by Leo Frank on Confederate Memorial Day in 1913. When her family revealed the truth about her blood relation, she immediately became deeply interested in learning about the murder, its investigation, and its aftermath. She has since devoted thousands of hours of her life studying volumes of legal documents, conducting interviews, and reading every surviving newspaper account of the case. This written-from-theheart book is the result. Download the complete audio book as one zip file. You can also download the individual chapters. https://www.maryphagan.org/category/video-collection/murder-of-little-mary-phagan-video-collection/

For questions and interviews please contact Mary Phagan Kean at http://www.littlemaryphagan.com

Permission granted by Mary Phagan Kean to publish this version of the Phagan Family Newsletter.

Download The PDF here

Phagan Family Newsletter Number Six: 09/12/2020

Word Count: 4975 Words, Reading Time: 19 Minutes

album-art
00:00

Will New District Attorney Bow to Pressure to Exonerate Leo Frank for Murder of Little Mary Phagan?

Attorney Fani Willis beat Fulton County DA Paul Howard Jr. in a landslide victory —72% to 28% But will she bow to the same pressure that was put on her former boss to exonerate a man who raped and murdered our family member? The Conviction Integrity Unit established under Fulton County DA Paul Howard was not transparent: the Phagan family was not contacted and he refused to acknowledge the Phagan family. Obviously, it was set up for one single goal—to “legally” clear Leo Frank of a heinous murder—and to pin his crime on a Black man! The recent D.A. election victor Fani Willis is making strong statements about her integrity and skill, but so did Howard before succumbing to the behind-the scenes pressure from the ADL, ex-governor Roy Barnes, and Rabbi Steven Lebow, whose apparent goal has been to lie their way to victory. Fani Willis is quoted recently in the Atlanta Journal-Constitution:

“Cases won’t be for sale under my administration. Not for an endorsement, not for money, not for anything.” “You have my word, during my tenure as district attorney in Fulton County, we will become a beacon for justice and ethics in Georgia and across the nation.” “Willis vowed to bring ‘transparency and accountability’ to the DA’s office.” [Willis] “announced she intends to clean house in the Public Integrity Unity, which handles police-involved shootings.” How about cleaning house in the Conviction Integrity Unit (CIU)? So, how is it that Leo Frank—a privileged white rich man convicted of murder and having exhausted every possible court appeals process, and having been previously rejected as a pardon candidate—now gets a CIU Review? For over a century, propaganda has masqueraded as “new evidence”: there have been plays, articles, books, videos, movies, dramas claiming death-bed confessions, bite marks and teeth x-rays (no evidence), and anti-Semitic pogroms (no evidence). Virtually all these works have simply disregarded the physical evidence to claim that an African American man named James Conley committed the crime. They ignore Conley’s riveting 15- hour testimony under oath that proved Frank was the murderer. Frank himself refused to testify and would not be sworn at his own trial. Nor would his attorneys dare to cross-examine twenty young girls who testified that Frank had sexually harassed them constantly—he was the Jeffrey Epstein/Harvey Weinstein of his time! Today, Frank’s advocates rely on the 1982 errorfilled “testimony” of an elderly Alonzo Mann who claimed to see many things in 1913 that simply could not have happened. That is what the Georgia State Board of Pardons and Paroles found when they dismissed his new statements as insufficient to exonerate the murderer. Frank’s advocates made a second attempt at obtaining exoneration in 1986, which resulted in the Parole Board granting a posthumous pardon “without attempting to address the question of guilt or innocence.” More recently, requests to the Georgia Governor and the Georgia Legislature (2017 requests denied) have tried to enforce Frank’s innocence but do not provide any new, original evidence that would vacate the original verdict of guilty; rather, they just parrot propaganda of other pro-Frank partisans. Conviction Integrity Unit In 2019, Fulton County District Attorney Paul Howard established a “Conviction Integrity Unit” that he said would review the Leo Frank murder conviction of 1913. Those named as participants in this move are the following:

• Former Governor Roy Barnes
• Rabbi Steven Lebow
• ADL Attorney Dale Schwartz
• Melissa D. Redmon, director of the UG
Law School
• Former Supreme Court
Justice Leah Ward Sears
• Former Court Chief Justice
Norman Fletcher
• Cobb County Superior
Court Chief Judge J.
Stephen Schuster (Retired)
• Assistant District Attorney
Van Pearlberg

The Family of Mary Phagan believes that these individuals have “colluded” since August of 2018 to find a way to vacate the conviction of Leo Frank for the murder of Mary Phagan. Dale Schwartz was quoted thus: “we’re still trying to get a new trial that would, in effect, exonerate him.” Every serious student of the case is aware that in 1914, after his conviction and death sentence, several attempts were made by Frank’s supporters to “exonerate” him using “new evidence” that included planted evidence and false witness affidavits later found to have been obtained by bribery and other illegal means. [See the Atlanta Constitution, May 5, 1914, p. 1.] This corrupt behavior IS STILL GOING ON! According to the Atlanta Journal-Constitution (May 7, 2019), D.A. Howard stated, “The Frank Case helped inspire the creation of the new unit” and that former Gov. Roy Barnes “will serve as a consultant,” and it was further reported that Barnes “had lobbied the district attorney to reexamine Frank’s case.” Let us be clear what that means. Former Gov. Barnes has swayed, influenced, and brought pressure (political bullying) to bear on the Fulton County DA’s office to reexamine the Frank/Phagan case. Those statements alone convince us that there will be no fair hearing—the Conviction Integrity Unity has already re-adjudicated the Leo Frank case. According to the article, Barnes said he is convinced that this will happen: “‘There is no doubt in my mind, and we’ll [Who is “we?”] prove it at the appropriate time, that Frank was not guilty.’” Former Governor Roy Barnes should recuse himself from this case, as well as members of and “consultants” to the Conviction Integrity Unit who have categorically stated that Frank is not guilty. NO NEW EVIDENCE! After all his big and small deceptions revealed in his February 2020 lecture in Savannah, the ADL’s expert on the Leo Frank case, author Steve Oney, finally got down to the reality that after 107 years of failed attempts to exonerate Frank, D.A. Paul Howard’s new Conviction Integrity Unit will have NO NEW EVIDENCE to make a judgment. Oney told the audience, “I don’t see any new evidence out there” that might add anything new to the case. This is a bombshell because D.A. Paul Howard has said, “The unit will investigate claims of actual innocence to determine whether new evidence or facts may prove a convicted defendant didn’t commit the offense.” Howard went further: “The CIU will review cases in which there is new factual, physical, or forensic evidence. The unit will also review cases in which there is relevant evidence that went untested at the time of trial or some other new evidence that a person was convicted wrongfully.” Aimee Maxwell, the director of the D.A.’s Conviction Integrity Unit, was interviewed on WABE’s Closer Look program and was asked, “What is the criteria” for evaluating a case? Ms. Maxwell answered: “Well, for actual innocence, what we’re really looking at is some new evidence—evidence that a court hasn’t looked at...” The fact is, every bit of “new evidence” only supports the verdict of guilty. The new CIU established by D.A. Paul Howard, and now headed by D.A. Fani Willis, has been made aware of the serious perjuries that have been told to exonerate Frank and to posthumously convict the African American man who Frank set up to take the fall. This is not a theory—this is a documented fact. Will the D.A.’s Conviction Integrity Unit continue the deception? History shows that the integrity of Frank’s conviction is secure. The integrity of the District Attorney and her office is what really is at stake. The Hypocrisy of the Fulton County Conviction Integrity Unit (CIU) & the Leo Frank Case The Inaugural Conviction Integrity Unit Reception was held at the Tyler Perry Studios in Atlanta on Wednesday, January 8, 2019. The Keynote Speaker was Ambassador Andrew Young, Jr. But what is the Conviction Integrity Unit? According to its own description, “The Conviction Integrity Unit endeavors to review past convictions for credible claims of actual innocence, wrongful conviction, and, where feasible, sentencing inequities. This process is afforded to applicants regardless of whether they are pro se or represented by an attorney. The CIU is committed to ensuring all submissions receive a thorough and equitable review.”

Cases the CIU will review:

1. Claims of actual innocence
2. Claims of Constitutional Violations
3. In the interest of Justice
4. Sentence Modification
5. Cases of Historical Significance

That sounds good, but this CIU was NOT the brainchild of the Fulton County D.A. According to former governor Roy Barnes, a group of pro-Frank crusaders (including himself) brought the Leo Frank case to the D.A. to ask him to exonerate this murderer (and to convict a black man for Frank’s 107-year-old crime!) The Milledgeville Journal reported that “When Howard asked Barnes what he had in mind, Barnes said he wanted to see if he could get the judgment against Frank set aside. Howard said he was open to the idea, but believed if he assembled a team to consider it, the team should look at more than one case [such as Wayne Williams].” So it was already determined that the Leo Frank Case would be reviewed before the announcement of the CIU! The Leo Frank Case did not follow the CIU’s own protocol. Why not?

Same Ol’ Lies, Over & Over

Rabbi Steven Lebow, Jerry Klinger, Allison Padilla-Goodman of the ADL, Barnes, and their ilk continue to push the same lies and distortions. This is why none of them will actually publish any serious or scholarly work on this subject, like the Phagan family has done. It would be considered laughable. Here are some facts that they tried to keep hidden from D.A. Paul Howard: Leo Frank was prosecuted after a grand jury with five Jewish members indicted him.

All three Georgian newspapers in 1913 had Jewish editors, and they never reported anti-Semitic slurs or shouts either before, during, or after Frank’s trial.

Frank appealed the guilty verdict and lost 13 separate times.

The claims that the trial was dominated by a mob chanting “Kill the Jew!” was debunked by their own expert, Steve Oney, who said “It never happened.” Why aren’t these facts ever brought up? If one reads the old newspapers, as Oney did, one will not see any mobs or read any anti-Semitism. There were orderly crowds of curious people who waited to get in to the courthouse to view the trial, but that was it. Read many of these articles on LittleMaryPhagan.com. We have made them available to the public. Why won’t LeBow et al. provide proof of their tired false claims. Nowhere can it be found in the original newspapers that there was a “mob outside of the courtroom shouting anti-Semitic slurs” at the jurors or anyone else. The Jewish people were respected members of society in Georgia at the time as well. The religion of Leo Frank played no role in his guilty verdict or his lynching, which was the result of the reprehensible crime he committed. Oddly enough, it was Frank’s own mother who brought religion into the trial by embarrassing herself in court with the shouting of anti-Christian slurs at the prosecutor, Hugh Dorsey.

Jerry Klinger has made a career out of corrupting the facts of the case even though the provable realities have been presented to him on multiple occasions. Nevertheless he recently wrote that “Georgia media’s reporting encouraged their basest desires, the Jew’s blood,” which is an outright falsehood. Of course, today’s Georgia media can easily check this claim, having full and complete access to all of their own archives. Yet, for some unknown reason they won’t. So, Klinger, Lebow and others can blatantly lie with impunity, never fearing they will be challenged. Author Steve Oney, whose 742-page book is considered by the ADL as their top authority, reported: “To the extent that there was bias in the coverage, it was mostly in Frank’s favor…” He goes on to state that Atlanta’s newspapers, “evincing the prejudices of the time, ridiculed the state’s star witness—a black factory janitor named Jim Conley…” In fact, Atlanta’s media declared Frank an innocent man and when they brought up his Jewish background, it was only to reinforce how much integrity he had as the leader of B’nai B’rith. The three Georgian papers—all with Jewish editors—went along with Frank’s defense team in their racist desire to pin the crime on two separate African American men—first Newt Lee (the night watchman who discovered the body), and then Jim Conley. Multiple articles of the Klinger kind are being written every year memorializing Frank’s lynching, either refusing to acknowledge that Leo Frank could have been guilty (based on the mounds of evidence), or blatantly lying about “anti-Semitic mobs” or Frank’s Jewish background being a major factor in the case. More people need to write the truth of the matter so that people are not misled and so that an injustice is not committed against Mary Phagan and the Phagan family.

The ADL has been promoting a lie—for over a century!

“HANG THE JEW, HANG THE JEW” is what the ADL says was chanted during the month-long trial, but its own expert Steve Oney says it NEVER OCCURRED! According to Oney, at the time of Mary Phagan’s murder, “Atlanta was a philo-Semitic city. Its assimilated, German-Jewish elite were part of the financial and legal power structure…” The governor in Frank’s 1915 commutation, John Slaton, also addressed the false claim of an “anti-Semitic mob” surrounding the courtroom pressing to lynch Frank: “No such attack was made and…none was contemplated.” Governor Slaton also countered the false claim of an “anti-Semitic” atmosphere by reminding Frank supporters that Jews were highly respected and appreciated in Georgia because they had been “conspicuous” contributors to the history and development of the state. Mr. Oney refutes the claim that there were anti-Semitic mobs shouting “Hang the Jew!” He told the Jewish Journal: “[I]t didn’t happen. It was something that someone wrote a couple [of] years after the crime, and then it got stuck into subsequent recountings of the story…. Jews were accepted in the city, and the record does not substantiate subsequent reports that the crowd outside the courtroom shouted at the jurors: ‘Hang the Jew or we’ll hang you.’” It has been claimed that “anti-Semitism” and the “hatred of Jews” motivated Frank’s conviction and lynching. And yet, incredibly, there was no anti- Semitism expressed by police, detectives, prosecutors, jurors, judge, or reporters! There was no “prejudicial trial” or “mob rule” or anti-Jewish bigotry of any kind. Most people are unaware that the prosecutor first brought his case against Leo Frank before a 23-member grand jury that included five prominent members of the Jewish community (including at least two from Frank’s own synagogue), and all the grand jurors signed the bill of indictment against Leo Frank. The Leo Frank trial judge Leonard S. Roan was once a law partner of one of Frank’s defense attorneys and, according to a confidential ADL memo: “In general, the rulings of the trial Judge had been favorable to the defense.” Frank’s defense attorney even declared after the trial: “We do not make the least criticism of Judge Roan. [He] is one of the best men in Georgia and is an able and conscientious judge.” The false claims of anti-Semitism are simply unfounded and untrue.

Roy Barnes’s False Statements

“I’m convinced through the reading not only did he not get a fair trial, he was not guilty. The case just simply was wrong....There’s no question he didn’t get a fair shot.... There is substantial reasonable doubt as to whether Frank was guilty.” The FACTS: Roy Barnes recently told some law students that “If you get interested in this case,” they should read the book by author Steve Oney. But when asked if the trial jury “ignored the facts in the case,” Oney responded, “No, I think there was a reasonable case against Leo Frank.” Even Gov. John Slaton, who (under political pressure) commuted Frank’s death sentence to life imprisonment in 1915, wrote: “The Supreme Court…determined as a matter of law, and correctly in my judgment, that there was sufficient evidence to sustain the [guilty] verdict. Leo Frank: White Privilege White Privilege is the unearned, mostly unacknowledged social advantage white people have over other racial groups simply because they are white. In 1913, Leo Frank was convicted for the murder of Little Mary Phagan based on the direct evidence found at the scene of the crime as well as circumstantial evidence and because he was a “sexual deviant/degenerate” with a long history of sexually molesting his female employees. Leo Frank and his defense team used “White Privilege” as a tool to play on white fears about stereotypes of “Negroes” being savage beasts and pathological liars. Scholars of the case have admitted that Leo Frank and his supporters actually relied on racism to defend himself against charges they knew were true. Jewish historian Theodore Rosengarten bluntly asserted that “Readers who wish to find a progressive Jewish social ethic at work in the Frank camp will be sorely disappointed. Frank’s lawyers played the race card for all it was worth.” He was not the only one:

Documented Sources: White Privilege and Leo Frank’s Racism

Harry Golden, A Little Girl is Dead (1965), p. xv:

“Until the mid-1960s, let alone in 1913, no white man in any of the old Confederate States had ever been convicted of a capital offense on the testimony of a Negro.”

Robert Seitz Frey and Nancy Thompson-Frey, The Silent and the Damned (1988), p. 109: “Leo Frank was convicted on the strength of a black man’s testimony—truly a rare event in the South in the early years of the twentieth century. Certainly the words of a black man were almost never taken over those of a white man. And Frank was convicted by an all-white jury.”

Jeffrey Melnick, Black-Jewish Relations on Trial: Leo Frank and Jim Conley in the New South (2000), pages xi, 8, 37, 43, 61, 100, 111: “…Frank and his supporters used racist language to demean Conley and took refuge in what they understood to be the privilege of Jewish whiteness.” “This represented the first capital case in postbellum southern history in which a ‘white’ defendant was condemned by the testimony of an African American.” “…Jews like Leo Frank were much more likely to take up whiteness as a self-concept and mode of behavior than their northern counterparts…” “Frank considered himself to be white and enjoyed the privileges thereof, including African American domestic help and control over a large number of poor southerners—white and African American.” “Another of Frank’s lawyers referred to Conley as a ‘dirty, filthy, black, drunken, lying nigger.’”

“…Frank’s people tried to establish Frank’s ‘whiteness’ (and I mean that doubly here to signify his racial standing and his innocence) by demonstrating his distance from even the most trivial constituent of American culture that might be traceable to African Americans.” “Frank’s lawyers employed racial epithets at every turn, and... capitalized on much the same sort of racist thinking that helped to turn public opinion against their man.”

Charles and Louise Samuels, Night Fell on Georgia (1956), pages 158, 159: “Again it should be noted that the men defending Frank, while protesting the [nonexistant] prejudice against Jews, saw no reason why anyone should object to their own often expressed prejudice against Negroes.” “‘Who is Conley?’ [the defense lawyer Luther Rosser] demanded. ‘Who was Conley, as he used to be and as you have seen him? He was a dirty, filthy, black, drunken, lying nigger.’”

Steve Oney, And the Dead Shall Rise (2003), page 148: “For one thing, Leo Frank had already made the grounds of the impending legal battle clear. ‘No white man killed Mary Phagan,’ the factory superintendent had reportedly told a prison attaché upon hearing of Conley’s affidavits. ‘It’s a negro crime, through and through.’ The Negro to whom Frank was referring was, of course, poor Jim, and as [attorney William] Smith later phrased it, the accused was going to use every bit of his ‘ great influence and unlimited financial means’ to bring the point home to a jury.”

Nation of Islam, The Secret Relationship Between Blacks & Jews, Vol 3 (2016), pages 125, 362: “Frank’s attorneys seized upon the state’s extraordinary blurring of the color line to make their stand. They looked beyond the murder of Mary Phagan and took the position that Frank’s conviction would in fact undermine sacred Southern racial traditions and set in motion a racial upheaval far more significant than Frank’s actual guilt or innocence.” “Today’s believers in the innocence of Leo Frank have continued the tactic pursued in the courtroom by his lawyers, who assigned all manner of dishonesty to James Conley: Frank’s attorneys variously called Conley ‘a dirty, filthy, black, drunken, lying nigger’; ‘a dirty negro crook’; a ‘beastly, drunken, filthy, lying nigger’; a ‘ filthy, criminal, lying negro’—being careful to pair untruthfulness and uncleanliness with the Black race.”

R. Barri Flowers, Murder Chronicles (2014): “Racism and stereotyping had been part of the defense strategy throughout the trial, as Frank’s attorneys portrayed Conley as being ‘especially disposed to lying and murdering because of his race.’”

Nancy MacLean, “The Leo Frank Case Reconsidered” (1991), characterizes Frank’s defense as: “a virulent racist offense against ... Jim Conley.” “Frank’s attorneys based their case on the most vicious antiblack stereotypes of the day and on outspoken appeals to white solidarity...”

Dr. Stuart Rockoff, director of the Museum of the Southern Jewish Experience: “Thus, their defense of Frank was largely an asserting of his and, by extension, their own whiteness.”

Phagan Family Position Paper, June 2019, pages 7-9: “Leo Frank’s lawyers argued to the jury of twelve white men that murder, rape, and robbery were ‘ negro crimes’ and thus Frank, a white man, could not have committed the murder of Mary Phagan. One defense attorney said that ‘the murder was the unreasoning crime of a negro,’ that ‘It isn’t a white man’s crime.’”

Albert S. Lindemann, The Jew Accused, (1991), page 245: “Frank resorted to racial stereotypes in his own defense. He insisted that Mary must have been killed by some sort of violent, primitive brute—in short, a Black, not a Jew. Frank’s lawyers were energetic in insisting that murder of this sort was not a Jewish crime, and they did not hesitate to exploit anti-Black bigotry. They referred to Jim Conley…as a ‘dirty, filthy, black, drunken, lying nigger’...” “There was something...hypocritical about such men, denouncing the bigoty against Jews that they asserted was responsible for the charges against Frank, yet resorting to a far more explicit and vicious bigotry against Blacks in his defense. Significantly, the prosecution avoided racial stereotyping, at least of this blatant sort.” Frank’s own racist thinking is reflected in an Atlanta Constitution front-page headline on May 31, 1913: “Mary Phagan’s Murder Was Work of a Negro Declares Leo M. Frank.” The newspaper quoted Frank: “Here is a negro, not alone with the shiftless and lying habits of an element of his race, that is common to the South….No white man killed Mary Phagan. It’s a negro’s crime, through and through. No man with common sense would even suspect I did it.”

Leo Frank’s supporters then and now have played the White Privilege race card and falsely represent an African American man as the “real killer.” For 107 years James “Jim” Conley has been scapegoated in nearly all the literature on the case. He was a sweeper in the factory on the day of the murder who was ordered by his boss Leo Frank to help move the dead body of Mary Phagan. When Conley confessed to his accessory-after-the-fact role, Frank and his supporters tried (and continue to this day) to smear Conley as a devious criminal who got away with murder, but Conley’s very detailed confession—corroborated by the physical evidence at the crime scene—was so convincing that it became central to the prosecution’s case. (At trial, Leo Frank refused to be cross-examined by prosecutors, but James Conley withstood nearly 16 hours of cross-examination—under oath.) Before he accused James Conley of the crime, Leo Frank worked overtime to pin the murder on the African American night watchman who found Mary Phagan’s body, Newt Lee. Frank hired private detectives who planted a blood-soaked shirt in the innocent black man’s home, and then Frank told the police where they could find that damning “evidence.” When the newspapers reported that a bloody shirt was found at Lee’s home, it almost caused an innocent man to be lynched. Luckily for Lee, Frank’s private detectives did such a sloppy job at planting the shirt that the police were not fooled at all, and it only increased their suspicion of Leo Frank. That is the point when the people of Atlanta came to believe—and rightly so—that Leo Frank was the murderer of Little Mary Phagan. Leo Frank: “Sexual Pervert” According to Dr. Jeffrey Melnick, “The perversion charge merits special attention because it formed the emotional core of the prosecution’s case against Frank, and also became the most important constituent in public feeling against him.” So, according to the Nation of Islam, “The Frank team strategy was to stress the act of rape in Mary Phagan’s murder, and in so doing the Frank team felt they could convince a predisposed white America that only a Black man could be responsible for the brutal killing of this white girl.” Dr. Stuart Rockoff concurs: “Frank’s trial lawyers also relied upon the stereotype of the black rapist to argue that Conley was the one most likely guilty of the crime.” By the time of his lynching in 1915 many people—including his Jewish supporters—not only were repelled by Leo Frank’s abrasive personality but also believed he was in fact the murderer of Mary Phagan. Chicago icon Albert Lasker, a Jewish philanthropist and the “father of modern advertising,” paid millions (in today’s money) for Frank’s defense, but he privately admitted that he was not even convinced that Leo Frank was innocent. It was Lasker who financed all of Frank’s post-conviction appeals and orchestrated his international public-relations campaign that involved media outlets across the nation, including the New York Times. Lasker recalled the meeting in Frank’s jail cell: “It was very hard for us to be fair to him, he impressed us as a sexual pervert. Now, he may not have been—or rather homosexual or something like that…” According to Lasker’s biographer, the men with him during that encounter took “a violent dislike to him.” Lasker “hated him,” and said, “I hope he [Leo Frank] gets out…and when he gets out I hope he slips on a banana peel and breaks his neck.” The fact is Leo Frank was a sexual predator—the Harvey Weinstein/Jeffrey Epstein of his era. He, like those convicted pedophiles, used the factory he managed and the position he held to pressure little girls into sexual situations where he ruthlessly took advantage of them. And that is exactly what he did on Saturday, April 26, 1913, to thirteen-year-old Mary Phagan, who came to her place of employment to collect her pay of $1.20 from her boss Leo Frank.. And just like Harvey Weinstein and Jeffrey Epstein, B’nai B’rith president Leo Frank used the opportunity to lure Little Mary Phagan to a back area of the factory and attempted to sexually assault her. Evidence shows that Mary resisted Frank with all of her might and in the struggle he struck her and then strangled her to death. At his murder trial twenty of Leo Frank’s own female employees bravely took the witness stand and testified to Frank’s history of sexual deviance and harassment. They testified that he “got too familiar,” “put his hands on” them, tried to corner them, and proposed sexual acts to them for money. Fourteen-year-old Nellie Pettis recounted how Frank had propositioned her for sex and 16-year-old Nellie Wood testified that Frank pushed himself against her and touched her breast. Several male employees also described how they had witnessed Frank rubbing himself against young female workers. The testimony was so explicit that the judge had to clear the courtroom of women. These young girls were the real pioneers of today’s #MeToo Movement. Leo Frank’s lawyers did not even attempt to cross-examine any of the girls who testified at his trial. Instead, the defense attorneys told the jury that Frank’s behavior was: “a sign that we are getting more broad-minded... Deliver me from one of these prudish fellows that never looks at a girl and never puts his hands on her....He’s the kind that I wouldn’t trust behind the door.” Will the new D.A. finally bring INTEGRITY to the Conviction Itegrity Unit, and face the facts of Leo M. Frank’s racism and sexual deviance? Or will she let the lies and the liars have their way and allow them to pin a brutal murder of our family member wrongly on an African American man? We’ll see.

The Phagan family has no objection to anyone expressing their opinions about the Frank case, but we do insist that organizations and personal campaigns not distort the truth and facts to use this case for their own political purposes. For over 100 years, each passing decade brought with it “new historical evidence” falsely claiming to exonerate Leo Frank. The Phagan family has stated since 1982 that if there were clear-cut evidence to clear Frank of this heinous crime, we would come forward and ask for exoneration. However, such historical evidence has never come to light. Rather, there are considerable data, extensive documentation, revealing archival material, and legal, court, and government records that only support and even strengthen the guilty verdict.

For questions and interviews please contact Mary Phagan Kean at http://www.littlemaryphagan.com

Permission granted by Mary Phagan Kean to publish this version of the Phagan Family Newsletter.

Phagan Family Newsletter #6, Please Download The PDF here and share it widely with people who might be interested in the Leo Frank case

Phagan Family Newsletter Number Five: 03/20/2020

Word Count: 1806 Words, Reading Time: 7 Minutes

album-art
00:00

Steve Oney says “NO NEW EVIDENCE” to exonerate Leo Frank for the murder of Little Mary Phagan

On February 17, 2020, Steve Oney spoke in Savannah on the Leo Frank case. Mr. Oney is considered by many Frank supporters to be an expert, having written a book on the subject. The Fulton County District Attorney Paul Howard is being pressured by a group of non-experts to exonerate B’nai B’rith leader Leo M. Frank, who was convicted 107 years ago of the rape and murder of my great aunt Little Mary Phagan at his pencil factory when she was just 13. Those non-experts in the Jewish community have apparently hired the former governor Roy Barnes to be the frontman for them even though he knows less about the case than they do! He recently told some law students that “If you get interested in this case…the book you should read is The Dead Shall Rise by Steve Oney.” But then Barnes went on—IN THAT VERY SAME LECTURE—to make false claims about the case that Mr. Oney has pointed out were simply untrue and never happened. Roy Barnes—in 2019—told this same group of law students this outright lie about the Leo Frank murder trial: “And there were just mobs of people. And as the jury would go [to] the courthouse every day, the mob would scream, ‘Hang the Jew or we’ll hang you!’”

This is very significant because this particular claim is central to the belief that anti-Semitism infected Frank’s murder trial and tainted the guilty verdict. But Steve Oney is very, very clear about it: “[I]t didn’t happen. It was something that someone wrote a couple years after the crime, and then it got stuck into subsequent recountings of the story….Jews were accepted in the city, and the record does not substantiate subsequent reports that the crowd outside the courtroom shouted at the jurors: ‘Hang the Jew or we’ll hang you.’” The Breman Museum stopped making the false claim of anti-Semitic chants. Only Roy Barnes and his ADL cohorts continue that propaganda. In fact, they continue even though Leo Frank—the man they are trying to exonerate—was unequivocal: “Anti-Semitism is absolutely not the reason for this libel that has been framed against me. It isn’t the source nor the result of this sad story.”

Leo Frank was being interviewed in jail by the legendary Jewish journalist-publisher Abraham Cahan (founder of Ferverts, the Jewish Daily Forward), who commented that Frank was speaking “in a tone of someone deeply convinced.” Frank’s wife Lucille, wrote Cahan, “supported her husband’s claim.” Why has the Barnes crew ignored the words of Frank himself? The false claims of Roy Barnes and his cohorts are bad enough, but the fact that they are trying to use District Attorney Paul Howard to rig the legal process through these deceptive means is really troubling. It remains to be seen whether D.A. Paul Howard will fall for it in spite of the overwhelming evidence of Leo Frank’s guilt in the murder of my great aunt, Mary Phagan.

I must say, Steve Oney is certainly not in the clear here. He has his own axe to grind, because in his recent Savannah lecture, which I attended, he spread his own set of falsehoods and deceptions.

Here are just a few: Mr. Oney said that the Frank case was motivated by prejudice. But when asked if the trial jury “ignored the facts in the case,” Oney responded, “No, I think there was a reasonable case against Leo Frank.” Well, which is it, Mr. Oney? To “prove” his claim of “prejudice” in the Frank trial Oney now says that the firebrand Tom Watson used his newspaper to attack Frank "During the Trial"! But in contradiction to that statement, Oney in his own 2003 book (page 383) actually explains—truthfully—that Watson did not say or write ANYTHING about the trial until SEVEN MONTHS AFTER THE GUILTY VERDICT! So, Watson could not have had any effect on the trial at all. Why would Steve Oney now tell such a glaring untruth? Who knows? But there still remains NO PROOF AT ALL that “prejudice” or “anti-Semitism” affected the trial. Certainly, Steve Oney can provide no proof.

The Leo Frank case has historical significance for the African-American community because it was the first time in history that a black man’s testimony helped convict a white man. But Oney and Barnes hide just how racist Leo Frank’s defense team of leading attorneys were against this man, James Conley. In open court, they called him the n-word numerous times! They even tried to pin the murder on him!

District Attorney Paul Howard would be shocked at the anti-black hate speech and the criminal acts Frank’s supporters engaged in! And why won’t Oney point out how 20 young girls and women who worked for Frank testified under oath of Frank’s sexual harassment? My great aunt resisted Frank’s lecherous intentions—and she died defending her honor!

NO NEW EVIDENCE!

After all his big and small deceptions revealed in his February 2020 lecture in Savannah, Oney finally got down to the reality that after 107 years of failed attempts to exonerate Frank, D.A. Paul Howard’s new Conviction Integrity Unit will have NO NEW EVIDENCE to make a judgment. Oney told the audience, “I don’t see any new evidence out there” that might add anything new to the case. This is a bombshell because D.A. Paul Howard has said, “The unit will investigate claims of actual innocence to determine whether new evidence or facts may prove a convicted defendant didn’t commit the offense.” D.A. Howard went further: “The CIU will review cases in which there is new factual, physical, or forensic evidence. The unit will also review cases in which there is relevant evidence that went untested at the time of trial or some other new evidence that a person was convicted wrongfully.”

Aimee Maxwell, the director of the D.A.’s Conviction Integrity Unit, was interviewed on WABE’s Closer Look program and was asked, “What is the criteria” for evaluating a case? Ms. Maxwell answered: “Well, for actual innocence, what we’re really looking at is some new evidence—evidence that a court hasn’t looked at...”

So, now that Steve Oney has publicly admitted what real scholars of the case have known for decades, WHAT IS THE EVIDENTIARY BASIS FOR THE ADL’S EFFORTS TO EXONERATE LEO FRANK? Why won’t they explain their position? In the end, Oney has told his own set of untruths in order to promote his own book and to continue to receive the benefits he receives from telling interviewers and audiences what they want to hear—that Frank was “wrongly convicted for a crime he did not commit.”

The fact is, every bit of evidence only supports the verdict of guilty. D.A. Paul Howard has been made aware of the serious perjuries that have been told to exonerate Leo Frank and to posthumously convict the African American man who Leo Frank set up to take the fall. This is not a theory—this is a documented fact. Will Mr. Howard and his new Conviction Integrity Unit (CIU) continue the deception? History shows that the integrity of Frank’s conviction is secure. The integrity of the District Attorney and his office is what really is at stake.

The Hypocrisy of the Fulton County Conviction Integrity Unit (CIU) & the Leo Frank Case

The Inaugural Conviction Integrity Unit Reception was held at the Tyler Perry Studios in Atlanta on Wednesday, January 8, 2019. The Keynote Speaker was Ambassador Andrew Young, Jr. What is the Conviction Integrity Unit? According to its own description, “The Conviction Integrity Unit (CIU) endeavors to review past conviction for credible claims of actual innocence, wrongful conviction, and, where feasible, sentencing inequities. This process is afforded to applicants regardless of whether are pro se or represented by an attorney. The CIU is committed to ensuring all submissions receive a thorough and equitable review.” Cases the CIU will review: 1. Claims of actual innocence 2. Claims of Constitutional Violations 3. In the interest of Justice 4. Sentence Modification 5. Cases of Historical Significance That sounds good, but this CIU was NOT the brainchild of the Fulton County D.A. According to former governor Roy Barnes, a group of pro-Frank crusaders (including himself) brought the Leo Frank case to the D.A. to ask him to exonerate this murderer (and to convict a black man for Frank’s 107-year-old crime!) The Milledgeville Journal reported that “When Howard asked Barnes what he had in mind, Barnes said he wanted to see if he could get the judgment against Frank set aside. Howard said he was open to the idea, but believed if he assembled a team to consider it, the team should look at more than one case.” So it was already determined that the Leo Frank Case would be reviewed before the announcement of the CIU! The Leo Frank Case did not follow the CIU’s own protocol. Why not?

Why Leo Frank?

On May 7, 2019, according to the Atlanta Journal-Constitution, Fulton County District Attorney Paul Howard stated, “The Frank Case helped inspire the creation of the new unit” and that “Former Governor Roy Barnes, who will serve as a consultant to the Conviction Integrity Unit, had lobbied the district attorney to re-examine Frank’s case.” Those statements alone convince me that the Conviction Integrity Unit (CIU) has already re-adjudicated Leo Frank. Roy Barnes said he is convinced that this will happen. “There is no doubt in my mind, and he’ll prove it at the appropriate time, that Leo Frank was not guilty.”

Roy Barnes should recuse himself from this case, as should members of the Conviction Integrity Unit who know Barnes or any others who have categorically stated that Leo Frank is not guilty. For over a century, propaganda has masqueraded as “new evidence”: there have been plays, articles, books, videos, movies, and dramas claiming death-bed confessions, bite marks and teeth x-rays (no evidence), and antisemitic pogroms (no evidence). So, how is it that Leo Frank—a white rich man convicted of murder and having exhausted every possible court appeals process, and having been previously rejected as a pardon candidate—now gets a CIU Review?! On what basis, Mr. Howard? What about the 589 other Georgia lynchings? The report on June 14, 2017 states that Fulton County was the scene of far more lynchings, 35, than any other county in the state! Where is the JUSTICE for them? Lynchings: By State and Race, 1882-1968.

For questions and interviews please contact Mary Phagan Kean at http://www.littlemaryphagan.com

Permission granted by Mary Phagan Kean to publish this version of the Phagan Family Newsletter.

Please download Phagan Family newsletter number 5, and share it widely with those who might be interested in the case, Download The PDF here

Phagan Family Newsletter Number Four: 01/13.2020

Word Count: 2003 Words, Reading Time: 8 Minutes

album-art
00:00

Former governor Roy Barnes Claims Leo Frank Did Not Kill Mary Phagan. He Insists that the Century-Old conviction was “wrong”.

What Roy Barnes doesn’t want you to know:

107 years ago, Leo Frank, the general superintendent of an Atlanta pencil factory, targeted my great aunt, 13-year-old Mary Phagan—just like he had targeted 20 other young girls who worked there at the National Pencil Company. He attempted to rape her and she resisted. He beat her and then strangled her. Now former governor Roy Barnes and the Anti-Defamation League want to exonerate Leo Frank and claim that an African-American man was the “real killer.” We must assure every reader that no one on earth wanted Mary’s murderer to be convicted and sentenced for this horrific crime more than the Phagan Family. Over many years we have devoted many hours of research and published a book on this historic case.

Without question or doubt, Leo Frank murdered Little Mary Phagan. In recent interviews and lectures Roy Barnes, who is an attorney, has exhibited a truly embarrassing lack of knowledge about critical details of the case. He has misstated the evidence and invented “evidence” that does not exist. He tells his audiences to read books that actually disprove his own point of view. Barnes seems unaware that most of the things he believes about the case are pure propaganda direct from Frank’s public relations team. Fulton County District Attorney, Paul Howard, has taken on Roy Barnes as a “consultant” in the newly formed Conviction Integrity Unit (CIU). In fact, Barnes says he is the one who brought the Leo Frank case to D.A. Paul Howard, who then set up the CIU for the express purpose of exonerating the rapist-murderer of my great aunt, Mary Anne Phagan (1899-1913)! For over a century, propaganda has masqueraded as “new evidence”: there have been plays, articles, books, videos, movies, podcasts, dramas, claims of death-bed confessions, mysterious bite marks and teeth x-rays (no evidence), and claims of anti-Semitic pogroms (no evidence). Instead of actually examining the trial record, Roy Barnes cobbles together all of the propaganda and pushed it on Paul Howard, the media, and the public as “truth.”

Let’s look at just some of Barnes’s most glaring “misstatements” and then present what the actual evidence shows. If, after this clear correction, Barnes and his associates (and the media) continue pushing their lies and falsehoods, then we can safely attribute their actions to willful and open deception. Here are just a few of Roy Barnes’s many public False Statements and Factual ERRORS:

Roy Barnes’s False Statements

The Factual CORRECTIONS

“I’m convinced through the reading not only did he not get a fair trial, he was not guilty. The case just simply was wrong.” “‘There’s no question he didn’t get a fair shot,’ Barnes said....There is substantial reasonable doubt as to whether Frank was guilty.’”
Roy Barnes recently told some law students that “If you get interested in this case,” they should read the book by author Steve Oney. But when asked if the trial jury “ignored the facts in the case,” Oney responded, “No, I think there was a reasonable case against Leo Frank.” Even Gov. John Slaton, who (under political pressure) commuted Frank’s death sentence to life imprisonment, wrote: “The Supreme Court…determined as a matter of law, and correctly in my judgment, that there was sufficient evidence to sustain the [guilty] verdict.”

“And there were just mobs of people. And as the jury would go [to] the courthouse every day, the mob would scream, ‘Hang the Jew or we’ll hang you!’”

Here, again, Steve Oney is clear: “[I]t didn’t happen. It was something that someone wrote a couple of years after the crime, and then it got stuck into subsequent recountings of the story….Jews were accepted in the city, and the record does not substantiate subsequent reports that the crowd outside the courtroom shouted at the jurors: ‘Hang the Jew or we’ll hang you.’”

In the book Night Fell on Georgia, by Charles and Louise Samuels, they write: “Leo Frank was a Jew, but at the time there was little, if any anti-Semitism in Atlanta.” The Breman Museum stopped making the false claim of anti-Semitic chants. Only Roy Barnes and his ADL cohorts continue that propaganda.

“Oliver Wendall Holmes and Charles Evans Hughes (Supreme Court justices) wrote [about how there was a mob outside where somebody would sit in the window] and holler what the testimony was. And there would be a roar of approval or boo of disapproval.”

After losing 12 successive court appeals Frank’s lawyers went to the US Supreme Court, which REFUSED his 13th appeal. In a statement, Holmes and Hughes simply affirmed that generally trials should not be carried out under mob rule. The Justices never actually reviewed the Frank trial. Indeed, as Governor Slaton pointed out, the case record shows there were no anti-Semitic mobs in or outside the courtroom. The murder trial, conducted by Judge Leonard S. Roan, was in fact orderly, and the Supreme Court found in the trial “no error of law.”

“They had one of the main witnesses on his deathbed to recant, this was back in the 70s.”

Roy Barnes simply made that up. Perhaps he is referring to Alonzo Mann, whom I actually interviewed in my home on July 19, 1983, for four hours. Mr. Mann was a very nice elderly gentleman but he has told so many different stories to detectives, to the court, to reporters, to Georgia officials—even things that conflict with Leo Frank’s story—that even Barnes’s expert author Steve Oney has said: “You can’t reverse an 80-year-old conviction based on the wavering memory of an 85-year-old man.”

Pardon and Parole Board issued a posthumous pardon…based on a procedural process that he was not afforded a fair trial based on the flimsiest of evidence.” An untrue by the Board.

After the first attempt to pardon Frank was denied in 1982, the Georgia Pardon and Parole Board met in secret with Jewish organizations to devise a way to “Pardon” Leo Frank. And to this day those negotiations and documents are considered to be a “Confidential State Secret”! Even so, nowhere in this secret 1986 “pardon” (which, very strangely, is not even on official government letterhead) does it state that Leo Frank did not have a fair trial. In fact, the pardon does not acknowledge any crime for which a pardon is necessary. Nor does it absolve Leo Frank of his crime.

“Anti-Semitism is absolutely not the reason for this libel that has been framed against me. It isn’t the source nor the result of this sad story.” —Leo Frank

“Tom Watson had a newspaper called the Jeffersonian weekly and he printed headlines in red and it was scandalous ... reporting in the trial that occurred every day.” - Roy Barnes

The fact is Tom Watson did not write ANYTHING at all about the trial until 1914, seven months after Leo Frank had been convicted! So Watson had absolutely NO EFFECT on the trial or the verdict. In fact, Frank himself tried to hire Watson to be his attorney. Watson declined.

“Judge Roan, who had presided over the trial and wrote Gov. Slaton a letter saying ‘if I had the power…I would have probably ran in a new trial….’ [H]e didn’t think he had the power at the time—he was wrong—and Governor Slaton tells him yeah you could have done that.” This is simply made up by Barnes. There is no such letter; there is no proof of
this Letter having ever existed. Judge Roan presided over the entire trial. He had “the power” to call a mistrial, to annul the verdict, to impose a life sentence, instead of capital punishment. He CHOSE to sentence Leo Frank to death by hanging! Judge Roan rejected the Leo Frank defense team's petition for a new trial on 107 grounds.

Roy Barnes and his associates are hell-bent on exonerating Leo Frank and convicting a long-deceased African-American man named James Conley, who is not able to defend himself.

Conley is THE SECOND African American that Frank tried to pin his crime on! Though he poses as an expert in the case, Roy Barnes seems totally unaware that:

• 5 members of the Grand Jury that indicted Leo Frank were Jewish;

• the Grand Jury indicted Leo Frank WITHOUT the testimony of James Conley;

• all three Atlanta daily newspapers had Jewish editors throughout the Leo Frank case.

Even though Roy Barnes has little knowledge of the facts of this case, the State of Georgia has actually employed him as a consultant in the Mary Phagan murder case! This is a travesty. He says, “The ghost of Leo Frank walks among us today.” Well, D.A. Paul Howard, What about justice for a little girl named Mary Phagan?!

Pennsylvania College Rejects Biased Leo Frank Play

Students at Point Park University in Pittsburgh have rejected the Alfred Uhry play PARADE and the school has CANCELLED its performance. For years Uhry, the writer of the movie Driving Miss Daisy, has promoted PARADE as the “true story” of the Leo Frank case. It is not. Its sole purpose is to falsely place blame for the murder of Little Mary Phagan on an African-American man named James Conley. According to the Jewish Chronicle, “some Point Park students...took issue with the show’s conclusion that implies that Jim Conley, a black janitor and Frank’s main accuser, was the actual perpetrator of the crimes...” Students at Point Park determined that they would not be a part of racist propaganda. Will the Fulton County Conviction Integrity Unit do the same?

Keys To Leo Frank’s Prison Cell Discovered?

The Breman Museum claims that they have found the keys to Leo Frank’s cell at Milledgeville Prison in Georgia. But the FACT is Leo Frank lived such a charmed life in prison that the keys may have metaphorically belonged to him! Most inmates at the Milledgeville Prison Farm, slept in barracks, not cells. No other inmate in the history of MILLEDGEVILLE PRISON had an experience like Leo Frank. His letters home during the first few weeks, wrote author Leonard Dinnerstein, “resemble those from a child vacationing at a summer camp.” In one letter Frank writes: “We get the finest Elberta peaches and watermelons here, grown on the Farm. The apples are stewed for me. I also sleep well.”

He received gifts of an Ingersoll watch, a shaving mirror, a box of cigars, chocolate cake, plenty of books, a footlocker that “overflowed” with tins of crackers and sardines, packs of cigarettes and gum.

A friend brought him toilet and shaving articles including “bath and face towels.” He received a shipment of phonograph records, which he played on the warden’s own Victrola machine. He was exasperated one day, complaining, “You know I have so much mail and I like to keep things clear and orderly.” Frank sat at “a big roller top desk” where he spent his days preparing his correspondence. He was even able to offer postal services to his wife back in Atlanta: “Let me know if you need some stamps, and I can send you some, so you can write to me.” He received daily deliveries of newspapers, which he read each morning in his robe. He even carried on a card game by mail with the bridge writer for the New York Times! He exercised with a set of dumbbells in an area by his cell. There is much more on Frank’s prison conditions in the recently published book by the Nation of Islam (now banned on Amazon, it was banned during Black History Month, February 2019).

Please contact Mary Phagan-Kean at her Seeking Justice For Mary Phagan Website: http://www.LittleMaryPhagan.com

Please download and Share Newsletter #4 to those who you think might be interested: Download The Phagan Newsletter #4 PDF here

Permission granted by Mary Phagan Kean to publish this version of the Phagan Family Newsletter.

 

Phagan Family Newsletter Number Three: 12/04/2019

Word Count: 1174 Words, Reading Time: 6 Minutes

album-art
00:00

The Phagan Family Asks D.A. Paul Howard Why The Secrecy?

In 2019, under intense pressure from the Anti-Defamation League of B’nai B’rith, Fulton County District Attorney Paul Howard established the “Conviction Integrity Unit,” which is intended to reverse the 1913 conviction of the murderer and rapist Leo Frank. All evidence proves that Frank murdered our beloved family member, 13-year-old Mary Phagan, but many outright lies have been told about the case that MUST BE CORRECTED! Go to LITTLEMARYPHAGAN.COM for more TRUTH about the murder of Little Mary Phagan.

Fulton County Records Request: May 16, 2019: Records destroyed
September 11, 2019: Fulton County Open Records Request:
September 11, 2019: Fulton County Open Records Request; Records do not exist
July 5, 2021: Fulton County Open Records: NO RESPONSE
Fulton County Records Request: July 6, 2019; Status in 30 days; No update
July 6, 2021: Second Page

Since the Conviction Integrity Unit has been established to review the Leo Frank Case, BOOKS have been BANNED, YouTube Videos have been removed and Georgia and Supreme Court records and Original newspaper links are NO LONGER AVAILABLE! Why? To “silence the opposing view.” What is the truth of the Leo Frank Case? Truth has become inappropriate or offensive or objectionable and is deemed “hate speech” to impose censorship. FACTS ARE NOT HATEFUL!!! An extraordinary set of events has occurred that raises serious questions about those people and groups behind the newly formed Fulton County Conviction Integrity Unit. On April 26, 2019, District Attorney Paul Howard announced that he would lead yet another official inquiry into the 1913 conviction of the murderer of my great aunt Mary Phagan, her employer Leo Frank. Let me be very clear on behalf of the Phagan family: We have studied this case and all of the available evidence, trial documents and news reports and there is absolutely no doubt that Leo Frank was the murderer of Little Mary Phagan. D.A. Howard was approached by a group of supporters of Leo Frank who have absolutely NO INTEREST injustice and have for years ducked and dodged the actual evidence that proves Leo Frank’s guilt beyond any reasonable doubt. Instead, they have provided D.A. Howard with false and deceptive data and outright lies in order to force him to do their bidding. This century-old murder case was rife with fraud and deception from the beginning. A May 4, 1913 Atlanta Constitution article titled “Impostors Busy in Sleuth Roles in Phagan Case” asks: “What interests are promoting the planting of evidence in the Mary Phagan mystery?...[W]e are convinced that there are mysterious forces antagonizing our investigation.” D.A. Howard should know (but his “consultants” won’t tell him) that the planted evidence was specifically targeting the African-American night watchman at the factory, Newt Lee. Had the police not discovered the fraud Lee would very likely have been lynched! Later, Leo Frank’s most zealous supporter Albert Lasker—the man who financed Frank’s 13 post-conviction appeals—admitted that he would stoop to the lowest criminal level to secure Leo Frank’s acquittal, by putting in “as much perjured stuff” as his agents could create. And it appears that this kind of dishonest activity has not stopped. These facts—and many, many more like them—used to be available on the internet until very recently. Before he takes on the Frank case, D.A. Howard might do well to ask why the original documents in the case have all of a sudden been removed from the internet. Indeed, the books, videos, articles, and court documents that provide a balanced view of the case have been systematically removed SINCE THE CONVICTION INTEGRITY UNIT WAS ANNOUNCED!

No Longer Available

• Original articles from the three major dailies covering the day-by-day progress of the case (removed from archive.org)

• Videos from YouTube that challenge the false idea that

Go To LittleMaryPhagan.com. We Won’t Censor the Truth!

• Official case documents like the Brief of Evidence, the appeals filings, and the published trial records have been scrubbed from the internet.

• Books that prove Leo Frank’s guilt and provide a serious case analysis have been banned and censored. My 1987 book titled The Murder of Little Mary Phagan has been removed from some websites where it was previously available for years. The Nation of Islam’s recent book Leo Frank: The Lynching of a Guilty Man has been mysteriously banned from sale on Amazon.com.

• Google searches EXCLUDE articles and documents that show evidence of Frank’s guilt.

• When we made an Open Records Request to the University of Georgia, they first said 70 records match the request. When we paid to have them mailed to us, all of a sudden all
70 records vanished with no explanation!

• When the Phagan Family tried to obtain Leo Frank case records from the Georgia Pardon and Paroles Board they refused, claiming they are designated as a “CONFIDENTIAL STATE SECRET”!

Why The SECRECY!?

Are the Leo Frank crusaders, such as Mr. Roy Barnes, Mr. Steven Lebow, Mr. Van Pearlberg, Mr. Dale Schwartz and the ADL, trying to conceal the official records from D.A. Paul Howard and the CIU? Why has all this CENSORSHIP occurred right after the CIU was formed? How can they have “integrity,” when they are working so hard to suppress the official case record and evidence from the public and from the media? Who is removing these important documents from the internet and why? How can records from a 100-year-old legal case be called a “state secret”? What are they hiding? And most importantly, What are District Attorney Paul Howard and the Fulton County District Attorney’s Office going to do about it? D.A. Paul Howard was quoted in the Atlanta Journal Constitution saying, “One of the things we’re going to try to do is find official records…The criminal justice system has an obligation to get at the truth…” Fortunately for him and the CIU, the public and the media will still be able to access those critical official documents that the Leo Frank crusaders are trying to hide. We have made them available at LittleMaryPhagan.com where we believe they will be safe from the Leo Frank censors and their internet cleansing campaign. The Phagan Family calls on District Attorney Paul Howard to STOP THE SECRECY! Investigate these obvious attacks on Free Speech and the hiding of critical case information. If the CIU is honestly seeking justice, then they should contact YouTube, Archive.org, Amazon.com, Google.com, etc., and SPECIFICALLY request that the items containing alternative views of the case be returned for public access.

Won’t it be a shock when D.A. Paul Howard discovers that the same people who brought him this case are the same ones hiding it from him?

FACTS ARE NOT HATEFUL!

Contact Mary Phagan-Kean for lectures and interviews at mphagank@gmail.com

Please download Phagan family newsletter #3: Download The PDF here

 

Phagan Family Newsletter Number Two: 10/24/2019

Word Count: 1117 Words, Reading Time: 5 Minutes

album-art
00:00

""

The Family of Little Mary Phagan & The Truth About the Leo Frank Case

In 2019, under intense pressure from the Anti-Defamation League of B’nai B’rith, Fulton County District Attorney Paul Howard established the “Conviction Integrity Unit,” which is intended to reverse the 1913 conviction of the murderer and rapist Leo Frank. All evidence proves that Frank murdered our beloved family member, 13-year-old Little Mary Phagan, but many outright lies have been told about the case that MUST BE CORRECTED! GO TO LITTLEMARYPHAGAN.COM for more TRUTH about the murder of Little Mary Phagan.

Leo Frank, Sexual Predator—the Harvey Weinstein/Jeffrey Epstein of his era

""On Saturday, April 26, 1913, during Confederate Memorial Day, thirteen-year-old Mary Phagan arrived at the National Pencil Company office of her boss Leo Frank to collect her pay of $1.20. And just like Harvey Weinstein and Jeffrey Epstein, B’nai B’rith president Leo Frank used the opportunity to lure Little Mary Phagan to a back area of the factory and attempt to sexually assault her. Mary resisted Frank with all of her might and in the struggle, he struck her and then strangled her to death. At his murder trial, twenty of Leo Frank’s own female employees bravely took the witness stand and testified to Frank’s history of sexual deviance and harassment. They testified that he “got too familiar,” “put his hands on” them, tried to corner them, and proposed sexual acts to them for money. 14-year old Nellie Pettis recounted how Frank had propositioned her for sex and 16-year-old Nellie Wood testified that Frank pushed himself against her and touched her breast. Several male employees (Tom Blackstock and others) also described how they had witnessed Frank rubbing himself against young female workers. The testimony was so explicit that the judge had to clear the courtroom of women. These young girls were the real pioneers of today’s #Me- Too Movement.

Leo Frank’s lawyers did not even attempt to cross-examine any of the girls who testified at his trial. Instead, the defense attorneys told the jury that Frank’s behavior was “a sign that we are getting more broad-minded... Deliver me from one of these prudish fellows that never looks at a girl and never puts his hands on her....He’s the kind that I wouldn’t trust behind the door.” This man Leo Frank was so detestable that even his most ardent supporters felt he was creepy to even be around. Chicago icon Albert Lasker, a Jewish philanthropist and the “father of modern advertising,” paid millions (in today’s money) for Frank’s defense, but he privately admitted that at their FIRST MEETING in Frank’s jail cell: “It was very hard for us to be fair to him, he impressed us as a sexual pervert. Now, he may not have been—or rather a homosexual or something like that…” Lasker was not even convinced that Frank was innocent! Today, a tiny group of powerful people are working behind the scenes to exonerate this convicted murderer Leo Frank—just like those who schemed to get a sweetheart deal for the convicted pedophile Jeffrey Epstein. And they are actually rewriting history to accomplish this!

""

The Smearing of Little Mary Phagan by the Supporters of Leo Frank

We know that the (alleged) rapist Harvey Weinstein hired the Israeli firm Black Cube to smear the young women who accused him. Gloria Allred’s daughter, lawyer Lisa Bloom, actually offered ""Weinstein her services to plant slanderous lies about one of Weinstein’s accusers on the internet. Bloom said what her goal was: “so that when someone Googles her this is what pops up and she’s discredited.” And that is the SAME tactic they are using on our family. At this very moment, the internet is being censored to keep the public away from factual truthful information about Leo Frank. Visit our website @ https://www.littlemaryphagan.com to see a list of the many links that have been removed—in just the last few weeks! Why are they doing this?! What are they trying to hide?! Did they hire Lisa Bloom? They are trying to blame the victim, Mary Phagan, and sully her reputation. They say, “Why would Mary go to the factory alone knowing of Frank’s reputation?” The fact is Mary, who had been laid off, tried to get her co-worker Helen Ferguson to pick up her pay but Frank refused, saying that Mary must come herself the next day! Certainly, Frank was a pervert, but until then he had not shown himself to be violent and he had not been known to murder. Several other girls were also coming in that Saturday for their pay, and despite the holiday, many people had come to the factory for other business-related activities. Literally, just minutes before she arrived in Frank’s office two other female workers, a secretary, the office boy, a janitor, and the factory foreman had been there performing various tasks. Yet another woman was at the factory visiting her husband who was working on the above floor. So Mary could never have believed she was in danger. She planned to collect her pay and go on her way to see the Confederate Day parade. This latest attack by the ADL on the character of Little Mary Phagan in its disgusting attempt to exonerate this Epstein-like murderer, is as low as it gets.

Please Get Involved!

The Phagan Family will continue to spread the truth of the Leo Frank case. Little Mary and the twenty young girls whom Frank molested WILL NOT be forgotten! We have researched this case for many decades and published our research in a 1987 book titled The Murder of Little Mary Phagan.

A PDF version of the book, The Murder of Little Mary Phagan (1987) is available, here:

https://www.maryphagan.org/pdf-files/little-mary-phagan-newsletters/mary-phagan.pdf

If you would rather listen to the Murder of Little Mary Phagan, the Audiobook is here:

https://www.maryphagan.org/new-audio-book-the-murder-of-little-mary-phagan/

All of our information is diligently backed up by facts, citations, references, and footnotes.

An excellent Audio Book about the Leo Frank case, prepared by The American Mercury, can be heard here, Link: https://www.maryphagan.org/category/video-collection/the-leo-frank-case-the-lynching-of-a-guilty-man/

Everyone can get involved to ensure that the Fulton County prosecutor will not be forced to give a Jeffrey Epstein deal to the convicted rapist-murderer Leo Frank.

Please pass this and future Phagan Family newsletters on to your friends and families.

Please read the Phagan Family Position Paper here, and links in the footer area to other Phagan family newsletters:  https://www.maryphagan.org/phagan-family-newsletter-01/

Please contact Mary Phagan-Kean for lectures and interviews at mphagank@gmail.com

To Download Phagan Family Newsletter #2, please follow this link: Download The PDF here

Permission granted by Mary Phagan Kean to post this version of her family newsletters on maryphagan.org

""

Phagan Family Newsletter Number One: Position Paper: June 2019; July 2021 Final

Word Count: 4449 Words, Reading Time: 16 Minutes

album-art
00:00

Mary Phagan Family
Position Paper
July 2021

My name is Mary Phagan-Kean and I am the great-niece and namesake of “Little Mary Phagan,” the thirteen year old girl who was raped and murdered on April 26, 1913, by Leo Max Frank, the president of Atlanta’s B'nai B’rith Lodge No. 144.

Leo Frank was the general superintendent of the National Pencil Company, a sweatshop factory where over a hundred children labored, and where the Sam Nunn federal building stands today. Little Mary Phagan was 12 years old when she started working there in 1912, and Frank admitted he was the last person to see Mary Phagan alive.

In fact, the evidence of his guilt was overwhelming and on August 25, 1913, after a month-long trial in the Fulton County Superior Court, Leo Frank was found guilty by a jury of his peers, and on the next day, he was sentenced to hang for the murder of Mary Phagan. What followed was an unprecedented effort by Leo Frank and his legal team and supporters to pin this horrific crime on everyone but himself. It is an effort that continues to this very day.

The Leo Frank case is no “cold case.” It is obvious to anyone who objectively considers the case evidence that Leo Frank was correctly convicted for this heinous crime. Today, his supporters have targeted a black man, James Conley, who worked as a janitor at the factory. Evidence shows that after Leo Frank assaulted and strangled Mary, he was unable to move the body. He called on Conley and ordered him to help him conceal the crime and swore him to secrecy. After initially concealing Frank’s crime, Conley ultimately revealed to authorities the true events of that day. The details he gave were so shocking and so convincing that he became the state’s star witness against Leo Frank.

Frank and his legal team’s response was to accuse Conley of the murder, and that has been the story of Frank's defenders for a century. But Mary’s killer was not James Conley, and the state of Georgia proved beyond any reasonable doubt that Leo Frank alone murdered Little Mary Phagan. The Phagan family has no objection to anyone expressing their opinions about the Leo Frank case, but we do insist that organizations and personal campaigns not distort the truth and facts, to use this case for their own political purposes. For over 100 years, each passing decade brought with it dubious revelations of “new historical evidence” falsely claiming to exonerate Leo Frank. The Phagan family has stated since 1982 that if there were clear-cut evidence to clear Leo Frank of this heinous crime, we would be the first to ask for an exoneration. However, such historical evidence has never come to light. Rather, there are considerable data, extensive documentation, revealing archival material, and legal, court, and government records that only support and even strengthen the guilty verdict.

Phagan Family’s Statement on the Latest Attempt to Exonerate Leo Frank

It was reported in the Atlanta Journal and Constitution that on April 26, 2019 [ironically 106 years to the day after Mary Phagan's murder] the Fulton County District Attorney Paul Howard [defeated by Fani Willis on November 6, 2020] had established a “Conviction Integrity Unit". Howard said would review the Leo Frank conviction of 1913. Those named as participants in this move were the following:

Former Governor Roy Barnes

Rabbi Steven Lebow

Attorney Dale Schwartz

Melissa D. Redmon, director of the University of Georgia Law School

Former Supreme Court Justice Leah Ward Sears

Former Court Chief Justice Norman Fletcher

Former Cobb County Superior Court Chief Judge J. Stephen Schuster

Assistant District Attorney Van Pearlberg

The Family of Mary Phagan believes that these individuals have “colluded” since August of 2018, to find a way to vacate the murder conviction. ADL attorney Dale Schwartz was quoted thus: “We’re still trying to get a new trial that would, in effect, exonerate him.” [In 1914, several attempts were made to “exonerate” Leo Frank using “new evidence” that included witness affidavits later found to have been forged or obtained by bribery and other illegal means. See the Atlanta Constitution of May 5, 1914, p. 1.]

Clearly, the new agency was a blatantly political scheme that had nothing to do with justice. It was set up, it appears, at the behest of the above mentioned Frank advocates for one purpose only to help Leo Frank escape culpability for his crime. According to the Atlanta Journal Constitution (May 7, 2019), Fulton County D.A. Paul Howard stated, “The Frank Case helped inspire the creation of the new unit” and that former Governor Roy Barnes “will serve as a consultant.”

Roy Barnes admitted that he “had lobbied the district attorney [Howard] to re-examine Frank’s case.” Let us be clear what that means. Those statements alone convince us that the Conviction Integrity Unit (CIU) has already determined the outcome of the Leo Frank case. According to the article, “Barnes said he is convinced that this will happen. ‘There is no doubt in my mind, and we’ll [Who is “we?”] prove it at the appropriate time, that Frank was not guilty.’” For years Roy Barnes has been promoting a fraudulent narrative about the Frank case, and in particular that the 1913 trial was illegitimate because the verdict was “mob-dominated.” He said that “there were just mobs of people. And as the jury would go [to] the courthouse every day, the mob would scream, "Hang the Jew or we'll hang you!" This charge is a blatant lie that has been disproven by the scholars of the case. It was made up long after the trial by an overzealous writer trying to make a name for himself. Only Barnes continues to repeat it. For this and many other reasons, former Governor Roy Barnes is simply unfit to participate in any serious inquiry into the Leo Frank case.

Once again, most advocates and so called experts who determine Leo Frank is not guilty have relied on blatantly false information and politically biased propaganda. Frank’s conviction was upheld by thirteen separate courts and judges in his thirteen appeals from Fulton County to the United States Supreme Court. Every court affirmed the trial was fair and the jury was not “mob terrorized.” What’s more, driven by the need to exonerate a Jewish leader, they intend to convict an innocent African American man, James Conley, Frank’s employee whom he ordered to help move the body. They ignore the 20 young girls and women who testified under oath that Frank sexually harassed them at the factory. Frank’s attorneys refused to cross examine ANY of them, and later admitted that they were all telling the truth.

Nonetheless, Frank’s advocates spread fabrications, propagandized falsehoods, distorted the facts, and changed headlines of original newspapers to promote the hoax of not guilty. The real miscarriage of justice is that in this time of the #MeToo movement, they seek to override a duly convicted child rapist's murder conviction.

The Evidence Points to Leo Frank’s Guilt

Most people are not aware that there was blood and hair evidence at the murder scene, that Leo Frank changed his alibi several times and lied to police, and that he sexually harassed his young female employees. Most people are unaware that Leo Frank hired private detectives who planted evidence and bribed and intimidated witnesses to change their testimony. They even hatched a plot to murder the African American James Conley who became a key witness against Leo Frank. Most people are not aware that the two detective firms Leo Frank hired; the Pinkertons’ National Detective Agency and the Burns Detective Agency concluded Leo Frank was guilty of the murder! At his own trial, Leo Frank refused to be sworn on the Bible and be cross examined. A lot has been covered up about the case, including Leo Frank playing the race card to play to the white jurors’ prejudices about black men. In 1915 and under intense political pressure, then Governor John M. Slaton commuted Frank’s death sentence to life imprisonment. But even as he signed that commutation order he also wrote that the U.S. Supreme Court “found in the trial no error in law” and had “correctly in my judgment [found] that there was sufficient evidence to sustain the verdict.”

The fact is that Leo M. Frank was found guilty under Georgia law with facts and evidence, not with political bullying. The good people of Georgia can make up their own minds about Leo Frank’s innocence or guilt by delving into the historical records themselves. Having researched the Leo Frank/Mary Phagan murder case, including spending thousands of hours examining court records, newspaper reports, and private and public archives, I ask you to please consider the following facts:

Sexual harassment by Leo Frank: the Harvey Weinstein of his era

On Saturday, April 26, 1913, Leo Frank used the opportunity of a deserted factory and his power as the company boss to lure Little Mary Phagan to a back area of the factory and attempt to rape her. Mary resisted, and in the struggle, Frank struck her, knocked her unconscious, and then strangled her to death. He left a trail of clues leading to himself, so within a few days of the murder he was arrested. Evidence showed that the murder was sexually motivated, and many of Leo Frank’s own female employees testified to Leo Frank’s history of sexual harassment. These former child laborers testified that he “got too familiar,” “put his hands on them", tried to corner them, and proposed sexual acts to them for money. These teenagers bravely took the witness stand and spoke of Leo Frank’s lewd behavior.

Sixteen year old Nellie Wood told the court how Frank had pushed himself against her and touched her breast. Fourteen year old Nellie Pettis a witness for the defense recounted how Leo Frank had propositioned her for sex. Twenty girls in all gave similar testimony about Frank’s improprieties. Several male employees described how they had witnessed Leo Frank “rub up against” young female workers “a little too much.” The testimony was so explicit that the judge had to clear the courtroom of women.

The defense attorneys did not even attempt to cross-examine any of the girls who testified at trial about Leo Frank’s lewd behavior. Instead, Leo Frank’s lawyers argued that his improper behavior was not wrong—that it was a sign of more liberal times! One even said in his closing argument, “Deliver me from one of these prudish fellows that never looks at a girl and never puts his hands on her…”

In the South, the LOVE of Jews reigned supreme—Not anti-Semitism!

It has been claimed that “anti-Semitism” and the “hatred of Jews” motivated Leo Frank’s conviction and lynching. And yet, incredibly, there was no anti-Semitism expressed by police, detectives, prosecutors, jurors, judges, or reporters! There was no “prejudicial trial” or “mob rule” or anti-Jewish bigotry of any kind. Most people are unaware that the prosecutor Hugh Dorsey, first brought his case against Leo Frank before a 23-member grand jury that included five prominent members of the Jewish community (including at least two from Frank’s own synagogue), and all the grand jurors signed the bill of indictment against Leo Frank.

The trial judge, Leonard Roan, was once a law partner of one of Frank’s defense attorneys, Luther Rosser and, according to a confidential ADL memo: “In general, the rulings of the trial Judge had been favorable to the defense.” Leo Frank’s defense attorney even declared after the trial: “[W]e do not make the least criticism of Judge Roan, who presided [over the trial]. Judge Roan is one of the best men in Georgia and is an able and conscientious judge.”

The false claims of anti-Semitism before, during, and after the trial of Leo Frank are simply unfounded and untrue. The detailed daily accounts by the three Atlanta newspapers—the Constitution, the Georgian, and the Journal, each of which had Jewish editors—reflected no anti-Jewish bias at all. Leo Frank’s religion is only alluded to when it is reported that he is the president of 'B’nai B’rith, and he is written of with the utmost respect for his prominence in the community. In fact, a University of Georgia study showed that the reportage by Atlanta’s three dailies was openly pro-Leo Frank and exhibited a pronounced pro-Frank bias. Author Steve Oney, listed by the Anti-Defamation League as an expert on the Leo Frank case, reported: “To the extent that there was bias in the coverage, it was mostly in Frank’s favor…” He goes on to state that Atlanta’s newspapers, “evincing the prejudices of the time, ridiculed the state’s star witness—a black factory janitor named Jim Conley…”

It was Leo Frank’s defense that pushed “anti-Semitism.”

Though there is no record of “anti-Semitism” on the part of the crowd, the courtroom audience, the press, or the prosecutors, that doesn’t mean it was non-existent. As the evidence of his guilt became overwhelming, Leo Frank and his lawyers tried desperately to insert “anti-Semitism” into the trial as a diversionary tactic. They actually staged a courtroom confrontation with a prosecution witness over his alleged previous “anti-Semitic” statements. This officially brought “anti-Semitism” into the trial for the first time. Turns out that the witness was working for the Leo Frank defense and was planted to promote their “anti-Semitism” agenda. It was yet another trick by the Leo Frank defense to undermine the court proceeding and to neutralize the evidence of his guilt.

The ADL has been promoting a lie for over a century!

“HANG THE JEW, HANG THE JEW” is what the Anti-Defamation League says was chanted during the month-long trial, but its own expert Steve Oney says it NEVER OCCURRED!

According to Steve Oney, at the time of Mary Phagan’s murder, “Atlanta was a philo-Semitic city. Its assimilated, German-Jewish elite were part of the financial and legal power structure…” Gov. John Slaton in his commutation order also addressed the false claim of an “anti-Semitic mob” surrounding the courtroom pressing to lynch Leo Frank: “No such attack was made and…none was contemplated.” Gov. John Slaton countered the false claim of an “anti-Semitic” atmosphere by reminding Leo Frank supporters that Jews were highly respected and appreciated in Georgia because they had been “conspicuous” contributors to the history and development of the state.

Frank’s Jewish defenders believed he was guilty.

By the time of his lynching in 1915 many people—including his Jewish supporters—not only were repelled by Leo Frank’s abrasive personality but also believed he was in fact the murderer of Mary Phagan. Chicago icon Albert Lasker, a Jewish philanthropist and the “father of modern advertising,” paid millions (in today’s money) for Leo Frank’s defense, but he privately admitted that he was not even convinced that Leo Frank was innocent.
Lasker financed all of Frank’s post-conviction appeals and orchestrated his international public-relations campaign that involved media outlets across the nation, including the New York Times. Albert Lasker recalled the meeting in Frank’s jail cell:

“It was very hard for us to be fair to him, he impressed us as a sexual pervert. Now, he may not have been—or rather a homosexual or something like that…”

According to Lasker’s biographer, the men with him during that encounter took “a violent dislike to him.” Lasker “hated him,” and said, “I hope he [Leo Frank] gets out…and when he gets out I hope he slips on a banana peel and breaks his neck.”

Leo Frank’s Trial Defense was one of the most RACIST in American History

Though “anti-Semitism” was not a factor in his trial, Leo Frank’s racism certainly was: Frank’s defense attorneys used the word “nigger” and other racist slurs dozens of times in court. His main attorney told the jury: “If you put a nigger in a hopper, he’ll drip lies.”
Leo Frank argued in court that the many black witnesses that testified against him should not be believed—simply because they were black—and that “negro testimony”—as they referred to it—was by definition inferior and unreliable. At trial Leo Frank’s attorney castigated the white jurors for even considering the testimony of the black witnesses:

“They would rather believe the negro’s word….Oh, how times have changed. I hope to God I die before they change any worse than this…”

Leo Frank’s lawyers argued to the jury of twelve white men that murder, rape, and robbery were “negro crimes” and thus Leo Frank, a white man, could not have committed the murder of Mary Phagan. One defense attorney said that “the murder was the unreasoning crime of a negro,” that “It isn’t a white man’s crime.” Leo Frank’s own racist thinking is reflected in an Atlanta Constitution front-page headline on May 31, 1913: “Mary Phagan’s Murder Was Work of a Negro Declares Leo M. Frank.” The newspaper quoted Leo Frank:

“Here is a negro [James Conley], not alone with the shiftless and lying habits of an element of his race, that is common to the South….No white man killed Mary Phagan. It’s a negro’s crime, through and through. No man with common sense would even suspect I did it.”

Leo Frank tried to pin his crime on 2 innocent black men.

Leo Frank’s supporters then and now have played the race card and falsely represent an African-American man as the “real killer.” For over 100 years James “Jim” Conley has been scapegoated in nearly all the literature on the case. He was a sweeper in the factory on the day of the murder who was ordered by his boss Leo Frank to help move the dead body of Mary Phagan. When James Conley confessed to his accessory-after-the-fact role, Frank and his supporters tried to pin his crime on Conley. Leo Frank’s supporters continue to this day to smear James Conley as a devious criminal who got away with murder, but Conley’s very detailed statement—corroborated by the physical evidence at the crime scene—was so convincing that it became central to the prosecution’s case. (At trial, Leo Frank refused to be cross-examined by prosecutors, but James Conley withstood 16 hours of cross-examination—under oath.) In 1914, Leo Frank supporters tried to hire a black woman named Annie Maude Carter to slip James Conley some poison while he was in jail waiting to testify at Frank’s hearing for a new trial. She identified the would-be assassins in open court as prominent members of the Jewish community. The plot was exposed in the May 6, 1914 edition of the New York Times.

Before he accused James Conley of the crime, Leo Frank worked overtime to pin the murder on another factory employee—the African-American night watchman who found Mary Phagan’s body, Newt Lee. Leo Frank hired private detectives who planted a blood-soaked shirt in the innocent black man’s home, and then Leo Frank’s attorney hinted to the police where they might find that damning “evidence.” When the newspapers reported that a bloody shirt was found at Newt Lee’s home, it almost caused an innocent man to be lynched. Luckily for Newt Lee, Leo Frank’s private detectives did such a sloppy job at planting the shirt that the police were not fooled at all, and it only increased their suspicion of Leo Frank. That is the point when the people of Atlanta came to believe—and rightly so—that Leo Frank was the murderer of Little Mary Phagan.

Alonzo Mann—the man that is supposed to have exonerated Frank in 1982—would have CONVICTED him in 1913.

I, Mary Phagan-Kean, examined in detail the dubious claims of Alonzo Mann, who came forward in 1982—after 69 years of silence—to say he saw Conley with the body of Mary Phagan. It turns out that his new statements hurt Leo Frank far more than they help him.

• Alonzo Mann (who died in 1985) was Frank’s “office boy” in 1913 and from the very start he gave many conflicting stories that are irreconcilable with the known facts: In May 1913 as a young teenager, Alonzo Mann told detectives 3 different stories in 3 separate interviews and gave yet another story in his sworn testimony at trial in August. In those interviews and in his trial testimony Alonzo Mann never mentioned seeing James Conley at all on the day of the murder. At age 83, in his 1982 videotaped session before the State Board of Pardons and Paroles, he gave still more conflicting versions that contradict the testimony of Leo Frank himself!

• What motivated Alonzo Mann to break his 69-year silence on the Leo Frank case by pinning the crime on James Conley? The answer was disclosed at the videotaped private hearing in 1982: behind Alonzo Mann’s obviously scripted, wavering “testimony” was a book and movie deal executed by the Tennessean newspaper—the same Tennessean that abandoned the truth and the facts of the case and any trace of journalistic ethics just to exonerate Leo Frank. So Alonzo Mann was induced to come forward for fame and fortune.

The Phagan family was consulted by the Board in the run-up to the 1983 pardon decision, since the surviving members of the family had a great deal of personal knowledge of and documentation about the case and would be directly and profoundly affected by any decision. It was our Little Mary who had been strangled and very likely raped, after all. And the Board denied that pardon application.

The Jewish organizations tried again in 1986, but this time the Phagan family was not consulted. They were told about the upcoming pardon decision after the Anti-Defamation League of B’nai B’rith (ADL) and its well-heeled allies: Atlanta Jewish Federation and American Jewish Committee had been meeting with and lobbying the Board for six months or more. Why the secrecy? Obviously, the Jewish groups—led by Anti-Defamation League of B'nai B'rith board member and attorney Dale Schwartz—didn’t want the victim’s family to have any say on the matter or any time to alert the public as to what was afoot.

Thus, in 1986 the Georgia Board of Pardons and Paroles issued a posthumous “pardon” to Leo Frank on the basis of the state’s failure to protect him while in custody, but it did not absolve him of the crime of murdering Mary Phagan and Frank’s conviction remained intact.

The state’s 1986 “pardon” did not overturn the guilty verdict.

Believe it or not, there are still documents from the Leo Frank case that are being hidden from the public because they have been classified as “GEORGIA STATE SECRETS”! Our repeated attempts to obtain them from the Georgia State Board of Pardons and Paroles were denied again in December 2020. What could they be hiding? What could be so secret about a case that is 106 years old!? And why isn’t the media pursuing this extraordinary government action?

Sources Banned and Censored

On the 100th Anniversary (April 26, 2013) of Mary Phagan’s rape and murder, the trial Brief of Evidence and appeals records of the Leo Frank case were digitized as well as the voluminous Atlanta newspaper reports about the crime.

These sources—and many, many more like them—were formerly available on the internet until very recently. Indeed, the books, videos, articles, and court documents that provide a balanced view of the case have been systematically removed from the internet SINCE THE Fulton County CONVICTION INTEGRITY UNIT WAS ANNOUNCED in 2019!

• Original articles from the three major dailies covering the day-by-day progress of the case (removed from archive.org)

• Videos from YouTube that challenge the false idea that Leo Frank was “wrongly convicted.

• Official case documents like the Brief of Evidence, the appeals filings, and the published trial records have been scrubbed from the internet.

• Books that prove Leo Frank’s guilt and provide a serious case analysis have been banned and censored. My 1987 book titled The Murder of Little Mary Phagan has been removed from some websites where it was previously available for years. The Nation of Islam’s recent book Leo Frank: The Lynching of a Guilty Man has been myste¬riously banned from sale on Amazon.com.

• Google searches EXCLUDE articles and documents that show evidence of Frank’s guilt.

• When we made an Open Records Request to the University of Georgia, they first said 70 records match the request. When we paid to have them mailed to us, all of a sudden, all 70 records vanished with no explanation!

September 27, 2019: UGA Open Records Request: Search yielded 70 emails
UGA Open Records Request: November 8, 2019; NO RECORDS

Fortunately for the Fulton County Conviction Integrity Unit, the public and the media will still be able to access those critical official documents that the Leo Frank crusaders are trying to hide. We have made them available at LittleMaryPhagan.com where we believe they will be safe from the Leo Frank censors and their internet cleansing campaign.

Fulton County District Attorney, Paul Howard was defeated in the last election but the Conviction Integrity Unit he set up is still operating under the new District Attorney Fani Willis. Ms. Fani Willis might do well to ask why the original documents in the case all of a sudden have been removed from the internet, and who had the power to remove them and why. How can the case be carefully reviewed without them? Indeed, the books, videos, articles, and court documents that provide a full and balanced view of the case have been systematically removed SINCE THE CONVICTION INTEGRITY UNIT WAS ANNOUNCED!!! Obviously, Truth has become offensive or objectionable and has been deemed “hate speech” in order to impose censorship. But FACTS ARE NOT HATEFUL!

Fulton County District Attorney Fani Willis inherited this corrupt process, but will she bow to the same pressure that was put on her former boss to exonerate a man who raped and murdered our family member?

As of today, no word from Fulton County District Attorney Fani Willis on whether her office will finally give long-overdue justice to the victim, Mary Phagan. Can we expect that she will stand by her own words?: “Cases won’t be for sale under my administration. Not for an endorsement, not for money, not for anything.” “You have my word, during my tenure as district attorney in Fulton County, we will become a beacon for justice and ethics in Georgia and across the nation.” “[D.A.] Willis vowed to bring ‘transparency and accountability’ to the DA’s office,” reported the Atlanta Journal and Constitution.

She would be the first to do so. We’ll see.

Please download the original Phagan Newsletter #1 and share it: Download The PDF here

Permission granted by Mary Phagan Kean to publish this version of the Phagan Family newsletter #1.

Chapter 12 – Application For Pardon, 1983 Final

Word Count: 11922 Words, Reading Time: 40 Minutes

album-art
00:00

I had begun to put my life in proper perspective by October of 1982, when Mike Wing called from the State Board of Pardons and Paroles. He informed me that the Board had received a formal application for a posthumous pardon for Leo Frank. The application was filed by the Anti-Defamation League, the American Jewish Commit-tee, and the Atlanta Jewish Federation, and directed by a Lawyer's Committee chaired by Atlanta immigration lawyer Dale N. Schwartz. He also stated that the Board wanted to study the case with a minimum of outside pressure and publicity. I felt that this was appropriate and stated my own intention of not publicly seeking out-side intervention from such sources as the media.

He also suggested that if the Phagan family had any factual information concerning the case, we could write a letter to the Board.

I had assumed that because six months had passed an application for a posthumous pardon would not be filed.

Actually, the petitioners had been working on the filing of an application for pardon ever since Alonzo Mann had come forward with his testimony. They felt it to be the basis of a full pardon for Leo Frank.

While posthumous pardons had been granted across the country but never in Georgia before, the obvious question still was: what was the point of seeking a pardon for a dead man?

"I am not working for Leo Frank or his family," Dale Schwartz stated publicly. The core of seeking a pardon for Leo Frank, he said, was an attempt to obtain an official repudiation of anti-Semitism and bigotry and to "remove a blot on Georgia history." As such, the petitioners based their case for pardon not on the legality of the trial and conviction of Leo Frank, but on extra-legal concerns.

The pardon effort, an Anti-Defamation League staffer later stated, was not simply a matter of one person, not just the case of Leo Frank.

"I respectfully disagree . . . ," an official wrote the League's National Director Nathan Perlmutter, "that 'from a broad point of view, the Frank pardon is of no consequence.' An innocent Jew was lynched by a mob inflamed by anti-Semitism. It has never happened before or since in the United States." Ironically, however, exonerating Frank would mean "convicting Jim Conley," and possibly be construed as racism. Even before the pardon effort became public, its leaders had been concerned with minimizing potential offense to Blacks.

Another concern of the pardon effort was the repudiation of prejudice generally, against Blacks and Jews. "This is a justice issue," Schwartz said in reference to some Black critics. "The Klan didn't lynch Jews. They lynched Black people. And what we're trying to show is that's not the way to run justice in this country." Responding to a recent Klan demonstration, a local reporter took up the same theme, reflecting the widespread belief that the Leo Frank case was something more than a transaction between a bureaucratic body and a dead factory owner:

The state should answer Klan bigotry with a clear rebuke. It should let the world know that Georgia does not condone terroristic rule by robed riff-raff; it should let all know that we recognize injustice and are willing to undo it, even at so late a date.

The third extra-legal element concerned Georgia's past as it reflected upon the personal identity and regional pride of Georgians. To "do justice" in the Frank case, this argument went, is to make Georgia a better place, morally, and to make Georgians better people. The League, in a memo, compared the Frank case to the Holocaust:

I agree entirely that our constituency—the literate world—knows that Frank was railroaded. Our constituency also knows that the Holocaust was real, but we continue to counteract Holocaust denial. We have also proceeded on the assumption that it was important for the German nation to come to terms with the past and acknowledge the terrible crime committed in days gone by. Likewise some of us here in Atlanta think it is important that the State of Georgia acknowledge its sins in the Frank case, and repent.

"Georgia will not be pardoned by people of good will until Georgia pardons Leo Frank," the Atlanta Black-Jewish Coalition declared. "We must seize this opportunity," the petition for pardon concluded, "for we believe, as we know you do, in following the Biblical injunction: 'Justice! Justice, ye shall pursue!'

" This last concern apparently spurred counter-argument about the historical stature of Georgia's legal community. To say in the 1980s that Leo Frank was innocent, attorney Edgar Neely argued, impugned not just the Georgia system of justice in 1913 but the reputation of its lawyers in general and particularly Frank's counsel. Though apparently otherwise unconnected to the case, Neely submitted a formal brief opposing the pardon, which stated, in part:

I am speaking as an individual, steeped in the law, who wants the law to be upheld and the judicial system of Georgia not ex post facto impugned.

The leaders of the pardon effort responded at length, including the outlining of the "new evidence" of Alonzo Mann, pointing out that it had been unavailable to Frank's lawyers. Mobley Howell, then Chairman of the Board of Pardons and Paroles, is said to have considered Neely's arguments carefully.

There were four legal means of exonerating Leo Frank: a declaration by the governor proclaiming Leo Frank innocent; a resolution by either the House or Senate of Georgia—or both—proclaiming Leo Frank innocent; a complicated procedure of the courts beginning with an extraordinary motion for retrial; a pardon by the Georgia Board of Pardons and Paroles. And while Governor Joseph Harris, District Attorney Louis Slaton, and the Georgia Senate all expressed sympathy for the effort to exonerate Leo Frank, all also recommended that they obtain a pardon from the Board of Pardons and Paroles. The petitioners began to see that a pardon would, in fact, best fulfill the extra-legal goals of Frank's exoneration, and that it would be considered by the public as definitive. Dale Schwartz commented.

The public has come to understand the pardon process as an exoneration, particularly if it is coupled with a statement as to the innocence of the applicant.

He stated that a gubernatorial proclamation might appear as "one of hundreds of such proclamations and would not have the publicity impact that a pardon would."

The petitioners also came to feel that a court ruling might appear as though the Jewish community had manipulated a friendly judge.

The goal, then, was a pardon from the Board of Pardons and Paroles. As Dale Schwartz told the editor of Israel Today in a 1984 interview, "It was determined that Georgia would perhaps recognize the type of posthumous pardon which did not merely grant 'forgiveness' for a crime committed in the past, but rather would ask the defendant to forgive the state for having wrongfully convicted him."

To the petitioners, such a pardon seemed impossible to deny.

It didn't take a lot of thought for me to realize that this was just the beginning. This time I was personally involved and affected, and this was what I wanted: I didn't want to be left in the dark again about "news breaking" stories of the case. It seemed my quest had actually just begun. I wondered if I was mentally prepared for what was about to happen.

My father suggested I contact the rest of the Phagan family. He, as well as I, knew that some of the Phagans would be quite distraught and angry over the seeking of a posthumous pardon. They had objected in March, when the idea was first broached, and would continue to object until they died.

I did as my father wished. And we were right in our assessment of the family's opinion: they objected. And, as Mike Wing had stated to me, all, including the Phagan family, hoped for minimum publicity.

In December I contacted Mike Wing about the possibility of my father and I appearing before the Board hearings on the Leo Frank case. He referred me to Silas Moore, who would be in charge of handling the case, and again suggested that we write the Board a letter.

On January 9, 1983, I wrote the Board requesting that the Phagan family be permitted to appear at any Parole Board hearing regarding the Leo Frank case.

On January 17, 1983, I received the following letter from Silas Moore:

Dear Ms. Phagan and Mr. Phagan:

Thank you for your letter of January 9, written in behalf of the Phagan family, requesting to be permitted to appear at any Parole Board hearing on the Leo Frank case. We certainly understand your family's interest in this matter.

This past fall the Board received a formal written application for a pardon, and in fact, was requested to do so by Resolution of the Georgia Senate on March 26, 1982, a copy of which is attached.

The pardon application may have been inspired by the 1982 statement of Alonzo Mann. However, the application is not based solely on that information, and certainly the Board will not be limited to considering that alone.

The applicants have been told that the Parole Board plans no hearing to take oral testimony from anyone. We have requested that all information be submitted in writing. If any members of the Phagan family wish to s are with us information or views about the case, we would be glad to receive their written letters or statements. We would be particularly interested in any factual details about the case they may have.

The Board will likely render its decision sometime this year. It has expressed its determination to base its decision on the facts and evidence. It desires to study the case with a minimum of outside pressure and publicity.

If you have any questions, please give me a call. If you wish, I would be glad to talk with you in our offices. We appreciate your interest.

The letter from Mr. Moore confirmed that, again, my father's intuition about the case—namely, that there would be some sort of political involvement with the Board in even deciding whether to consider the application for a posthumous pardon—was correct.

We discussed the letter and the Senate Resolution. We determined that we had to present our views concerning the Resolution, since we felt that the political involvement would possibly put "outside pressure" on the Board.

So, on February 14, 1983, my father and I responded with a letter to the Board:

Dear Mr. Moore and Board Members:

We would like to present our views concerning the Resolution adopted in the Senate on March 26, 1982:

WHEREAS, Leo Frank was tried in the Superior Court of Fulton County in 1913 for the murder of Mary Phagan and

This is a true statement.

WHEREAS he was convicted in an atmosphere charged with prejudice and hysteria; and

This issue was decided by the Supreme Court of the United States. In Georgia Reports, Volume 141, Pages 246 & 247, Numbers 16-18, it states: "The alleged disorder in the courtroom during the progress of the trial was not of such character as to impugn the fairness of the trial or furnish sufficient ground for reversing the judgment refusing a new trial. On conflicting evidence, the judge on the hearing of the motion for new trial, acting as trior, did not err in holding the jurors whose impartiality was attacked were competent."

WHEREAS, he was sentenced to death but his sentence was commuted by Governor John Marshall Slaton; and

Governor Slaton stated: "It will thus be observed that if commutation is granted, the verdict of the jury is not attacked, but the penalty is imposed for murder, which is provided by the State and which the Judge, except for his misconception, would have imposed. Without attacking the jury, or any of the courts, I would be carrying out the will of the Judge himself in making the penalty that which he would have made it and which he desires it shall be made."

WHEREAS, in August of 1915, he was taken by a mob from the state institution in Milledgeville and carried to Cobb County where he was lynched; and

This is true.

WHEREAS, Alonzo Mann, a fourteen-year-old witness at the Frank trial, was threatened with death and was not asked specific questions which could have cleared Frank; and

Frank was ably represented by a counsel of conspicuous ability and experience—Luther Rosser, Reuben Arnold, and Herbert and Leonard Haas. They knew what they were doing.

WHEREAS, Mr. Mann has come forward to clear his conscience before his death and claims that Leo Frank did not commit the murder of Mary Phagan; and

Alonzo Mann gave an opinion that was sworn to, he did not submit any evidence contrary to the conviction of Leo M. Frank. How long did he work at the Pencil Factory? I believe his testimony stated two Saturdays. We challenge and doubt his claim.

WHEREAS, if Leo Frank was not guilty of such crime, it is only fitting and proper that his name be cleared, even after his death. Leo M. Frank was convicted in a court of law by his peers and was duly sentenced to death.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that this body strongly requests that the State Board of Pardons and Paroles conduct an investigation into the Leo Frank case; and, if the evidence indicates that Leo Frank was not guilty, the Board should give serious consideration to granting a pardon to Leo Frank posthumously.

Over the past seventy years, no real new evidence has been submitted. On March 10, 1982, Mr. Mobley Howell stated: "His innocence would have to be completely proven with complete evidence." This case will never be put to rest. Every three to five years, somebody reintroduces the case to the public.

As Phagan family members, we hereby request a copy of the applicant's application and any evidence submitted. We also request any information regarding requests for the Leo M. Frank/Mary Phagan case in the future.

At about the same time my father and I wrote the letter, my father registered as a lobbyist in the Georgia State Capital representing only himself. He wanted to have the privilege of going to the capital and to give a rebuttal to each of the three Senators who had proposed the resolution. In this way the family's feelings could be known.

April 26, 1983, was the anniversary of little Mary Phagan's death. I wondered as I prepared for work if anyone else realized it.

As I arrived at work the principal of one of my schools told me there was an article in the Atlanta Journal and Constitution about little Mary Phagan. A pardon has been asked for Leo Frank, he said. For the first time I wasn't angry.

Ron Martz, staff writer for the Atlanta Journal and Constitution reported that the Anti-Defamation League, the American Jewish Committee, and the Atlanta Jewish Federation urged the Board of Pardons and Paroles to vindicate Frank. "The conviction and lynching of Leo Frank was the worst episode of anti-Semitism in the history of the United States, and continues to be a blot on Georgia's criminal system," he'd written. "By issuing a full and complete pardon, the Board of Pardons and Paroles can repudiate the twin evils of prejudice, mob rule, and right an historic wrong." Silas Moore confirmed to the press that the petition for a posthumous pardon was being studied and that this was the first time a posthumous pardon had been considered in Georgia.

Dale Schwartz said that the petition contained three hundred pages of evidence. The major pieces were "an affidavit from Alonzo Mann, who was Frank's office boy at the time of the murder, and a two-and-one-half-hour videotape of Mann giving that affidavit in which he asserts Frank's innocence."

The myth that had grown up around Leo Frank colored popular thinking about him long before Alonzo Mann's testimony became public. "My grandmother would point out where Leo Frank was lynched," Mike Wing was to recall in 1985. "As a child, I grew up thinking an innocent man was lynched. I don't even know if I knew there was a trial."

A recurrent theme of the Leo Frank myth is the alleged confessions of Jim Conley. The pardon application claimed that Conley confessed at least three times: to an insurance agent, in letters to his woman friend, Annie Maud Carter, and to his attorney, William Smith. Schwartz would later say Conley confessed "thousands of times," and argue that these reports "should, standing by themselves, warrant the granting of the posthumous pardon."

Then there was the "secret evidence" supposedly made available to John Slaton in 1915. When Conley's attorney publicly claimed Frank was innocent in 1914, many thought that he had somehow passed secret information on to John Slaton. In his autobiography, I Can Go Home Again Judge Arthur Powell hinted that Frank's innocence would one day be conclusively revealed:

I am one of the few people who know that Leo Frank was innocent of the crime for which he was convicted and lynched. Subsequent to the trial, and after his conviction had been affirmed by the Supreme Court, I learned who killed Mary Phagan, but the information came to me in such a way, though I wish I could do so, I can never reveal it so long as certain persons are alive. We lawyers, when we are admitted to the bar, take an oath never to reveal the communications made to us by our clients; and this includes facts revealed in an attempt to employ the lawyer, though he refuses the employment. If the lawyer were to be so forgetful of his oath as to attempt to tell it in court, the judge would be compelled under the law not to receive the evidence. The law on this subject may or may not be a wise law—there are some who think that it is not—but naturally since it is the law we lawyers and the judges cannot honorably disobey it. Without ever having discussed with Governor Slaton the facts which were revealed to me. I have reason to believe, from a thing contained in the statement he made in connection with the grant of the commutation, that, in some way, these facts came to him and influenced his action. I expect to write out what I know and seal it up; for the day may yet come, after certain deaths occur, when more can be told than I can honorably tell now.

The file to which he refers may have contained a confession obtained by Conley's own counsel. There has been an air of mystery about this evidence in other accounts, as well, such as a recent letter from the late Governor Slaton's nephew to a relative:

He [Governor Slaton] never talked at length about the Frank case, but at that time he and Judge Powell had long since come to the conclusion but elected not to publicize the details. Eventually they decided to destroy the document and stir up no further fuss.

But it was Alonzo Mann's testimony on which the petitioners for the pardon were pinning their hopes. If true, Schwartz eventually argued before the Board, Mann's testimony proved that Jim Conley, the state's chief witness against Frank, had lied on two counts: first, since Mann indicated Mary Phagan was alive as she was carried down, it contradicted Conley's statement that she was dead when he saw her on the second floor; and second, the testimony corroborated Governor Slaton's conclusion in 1915 that Conley could not have used the elevator to carry little Mary Phagan's limp body.

The editorial opinion of the Atlanta Journal and Constitution felt "that the case is compelling and that the Board of Pardons and Paroles should move quickly to clear Leo Frank's name—and the enduring blot on the conscience of Georgia."

The Marietta Daily Journal article by Brent Gilroy stated that the Board of Pardons and Paroles would probably take a year before all the evidence could be digested and a decision be made.

Sherry Frank, Southeast Area Director of the American Jewish Committee, told the Journal that "she had been told the pardon not only would wipe from the books the life sentence given Frank, but also would clear him outright of guilt in Mary Phagan's killing." Stuart Lewengrub, Southeast Regional Director for the Anti-Defamation League, said "We are looking for a complete exoneration." It was also reported that Governor Joe Frank Harris expressed his intention to approve the pardon if it was recommended by the Board of Pardons and Paroles.

When the posthumous pardon effort became public, it attracted its own anti-Semitic response. On September 3, 1983, the New Order of Knights, a fringe Klan group, held a march and rally in Marietta, Georgia, featuring signs reading, "No pardon for the Jew murderer Leo Frank." It was all part of a conspiracy, a group calling itself "Christian Friends of Mary Phagan" wrote to the Pardon Board, "to accuse and hopefully prove, Christians (guilty) of prejudice, bigotry, and 'anti-Semitism' . . . while instilling Christians with feelings of self-hate and self-guilt."

Others felt the way the petitioners did. For the Atlanta Constitution, the "power to right a great wrong" was not the narrow legal case, but the extra-legal ramifications of the Leo Frank case: the ability to signify "that we no longer excuse or forgive prejudice, no matter how old or how recent:

One could argue that this is not the role of a pardons and paroles board, that it is merely expected to rule on narrow issues involving living persons convicted of crimes. Technically, this may be so. But if the power to right a great wrong and do a great good falls into the hands of any citizen—or of five citizens . . . [it is their responsibility] to seize the opportunity and act for the betterment of the state.

Among those who exhorted the Board to pardon Leo Frank were a minister in Tennessee who felt that pardon would "bring a sense of reassurance to many of our citizens who have been hurt and still suffer because of the prejudicial trial to which he was subjected many years ago," and a member of the Christian Council of Metropolitan Atlanta, who viewed a pardon as a way to "repudiate the twin evils of prejudice and mob rule."

I think most of the Phagan family felt as I did about this latest episode: we had known about the application for the posthumous pardon beforehand, and while we weren't pleased with the Board's considering the application, we realized there was more here than just interest in clearing the name of Leo Frank.

What bothered my family most was that little Mary Phagan's horrible murder was not considered. What about her and the effect of her murder on the Phagan family? Little Mary Phagan was the victim and now her surviving family continued having unwarranted publicity. No one seemed to care about that.

Then I took a step to assure that the next generation of Phagan's would not be continually victimized by a news-hungry press. And it was a hard decision. I contacted Ron Martz, who had written the "anniversary" article and informed him of his errors.

Ron Martz, along with most people with whom I come in contact, acted with utmost surprise and shock that I even existed. Chuckling, I told him I did indeed exist, and he should research his facts more thoroughly. He asked if I would consider an article or a series of articles about myself. I told him I was not interested but if I did reconsider, he would be second—as I would let the Tennessean have the first consideration.

Several months later, I contacted the Tennessean staff and informed them I would like to meet Alonzo Mann and asked if it could be possibly arranged. On July 19 I met Alonzo Mann at my home. He, along with Jerry Thompson and Robert Sherborne, arrived about 11:00 a.m. I had had second thoughts about whether I was doing the right thing, but I knew when I met Mr. Mann that I was.

He was dressed quite dapperly in a gray suit with a light pink shirt, straw hat, and he gingerly carried a cane. Of course, he was quite elderly now, but I could picture him as a young boy working in the pencil factory.

Suddenly I felt a lump of nervousness in my throat. Obviously that same nervousness affected him, for we stood awkwardly in my Livingroom until finally I thrust my hand out and said, "I'm Mary Phagan."

Taking my hand, he said, "I'm Alonzo Mann." I ushered him over to the daybed and we settled back, sitting beside each other, leaning on the fluffy blue pillows.

For about an hour we looked through my huge scrapbook on the murder of Mary Phagan. At one point I read him the article from The Tennessean about his visit to my great-aunt's grave, and although he must have seen the article before, he leaned forward, staring at the clipping, listening intently.

By the time we had finished looking at the scrapbook we had become friends, talking animatedly together, sharing confidences about Mary Phagan's murder, which knit us together although we had never met before.

Finally, having made up a list of things which I wanted to ask him, I began to question him more formally.

"Where were you born?" I asked soberly.

"In Memphis, Tennessee. I had two brothers and one sister, all of whom are dead. My father was a doctor. Instead of paying with money, his patients paid with bacon, eggs, and ham because most of the families could not afford medical expenses," his soft southern accent washed over his words.

My questions came more quickly. "How long did you stay in Atlanta after giving testimony?"

"About a year; then I joined the United States Army."

"Did you ever go to the courthouse besides giving testimony?"

"No. I just passed by."

"Did you ever meet Mary Phagan?"

"I didn't know Mary Phagan, but I knew her by sight."

"Was she as pretty as they say?"

"Yes."

"How long did you work for Mr. Frank?"

"I worked at the pencil factory for several months." (This contradicted my father's understanding that Mr. Mann had only been at the factory for  a few weeks.)

"Did you ever keep copies of the original newspapers?"

"No".

"Did you ever confront Jim Conley after what he says he saw?"

"No".

"Did you see Jim Conley murder Mary Phagan?"

"No, but I saw Jim Conley with Mary Phagan in his arms. I believe Jim Conley murdered Mary Phagan, not Leo Frank."

I looked up and suddenly noticed that Mr. Mann appeared tired, his voice had grown less strong.

"Are you all right?" I asked, concerned.

He nodded, "I've had a heart operation recently," he said softly. "I have a pacemaker now."

Shaking my head, I confided, "I have a heart condition also."

"But how old are you?"-1 asked, anxiously.

"Twenty-eight," I replied.

"To have a heart condition at twenty-eight—how difficult that must be," he said sadly.

I nodded. "But it's something you learn to live with."

"Yes," he agreed sympathetically, "accepting life is something we all have to learn."

We began once again to talk of the murder.

He told me that after he encountered Jim Conley, he went home and told his mother what he had witnessed. She told him not to offer any other information if he wasn't asked. When the detectives arrived at his home, they asked him what time he left. That, he said, was their main concern of his account in the matter. He had felt that if he had been asked specific questions, the course of history might have changed.

Then he related a story about little Mary Phagan that to this day I picture in my mind. A bunch of young girls were pushing a red wagon. In the wagon was little Mary Phagan. Her hair was pulled up with big bows. She was beautiful and laughing.

As Mr. Mann recalled the information, I felt for him as I have felt for myself. He, like me, was faced with a struggle. This was his way of resolving it—to come forward and tell the world what he believes he had seen. I wasn't angry at him. I could never be, for I was brought up to respect others' opinions and their values, and with a sense of what one has to do to be true to his own beliefs whatever the difficulty. I empathized with him. Our talk had lasted four hours; we were both exhausted.

As Mr. Mann was preparing to leave, he told me that his main purpose was to get Leo Frank pardoned, and that he had personally asked the Board for a pardon. He asked me to tell the Board again that Leo Frank did deserve a pardon, to come with him.

I felt that I just couldn't.

But something was stirring in the back of my mind. I had automatically accepted the Phagan's' assumption of Leo Frank's guilt—as had my Dad. Here, in Alonzo Mann, was a nice, presumably honest and gentle human being, who strongly believed otherwise.

What was the truth? Would it ever be known?

On July 20, my father received The Thunderbolt, issue No. 290, from the current association of the Ku Klux Klan. Many years before they had asked my father for a "Remember Mary Day," and he had objected. My father did not object then and does not object now to anyone or any organization wishing to pay respects to little Mary Phagan. He objects to individuals or organizations who use little Mary Phagan's death for their own prejudicial purposes.

My father wrote the Anti-Defamation League in Atlanta to find out more about The Thunderbolt. He received the following letter from Stuart Lewengrub:

Dear Mr. Phagan:

Thank you again for letting us know about the approach that was made to you by a representative of The Thunderbolt concerning resurrecting the Leo Frank case. You can be sure that your aunt's memory would have been used solely for a vehicle to promote anti-Semitism.

I have enclosed for your information a copy of The Thunderbolt in order to give you an idea of what this paper and group engages in. For the extreme vulgarity see especially page 10.

The KKK reprinted in its entirety the statements of Judge Randall Evans, Jr., from the Augusta Chronicle-Herald dated May 15, 1983. In here, Judge Randall Evans, Jr., stated the review of the case and discussed Leo Frank's appeals to the Supreme Court of Georgia: .

. . The Supreme Court consisted of legendary giants—Justice Lumpkin, Justice Beverly Evans, Justice Fish, Justice Atkinson, Justice Hill, and Justice Beck. That court affirmed the conviction, with Justices Fish and Beck dissenting as to the admission of certain evidence; but on motion for rehearing by Frank, the entire court unanimously refused to grant the motion for rehearing.

Frank then filed an extraordinary motion for a new trial before Superior Court Judge Hill, which was overruled, and this decision was unanimously affirmed by the Supreme Court of Georgia.

On June 6, 1914, Frank filed a motion to set aside the verdict, again before Judge Hill, which motion was denied. And all of the justices concurred in the denial, except Justice Fish, who was absent.

So at this point in time the record shows that two impartial judges of Superior Court in Fulton County, twelve impartial jurors in Fulton County, and six impartial justices of the Supreme Court of Georgia, all held that Leo Frank was legally tried, convicted, and sentenced to be hanged.

Bear in mind, this was not in a rural county of Georgia where influential politicians are sometimes thought to sway juries, but it was in the most populous county in the South where it was not shown or even suggested that Jews are the objects of bias. Leo Frank's race was not an issue in the case during the trial.

But the Jewish community of the entire United States sought to shield Frank by saying he was convicted because he was a Jew! Nothing is further from the truth! Money was raised on the streets of New York and elsewhere in the Jewish community for Leo Frank's defense; the best lawyers were employed, including the top defense lawyer in Georgia, Reuben Arnold, associated with and aided by Rosser and Brandon, Herbert Haas and Leonard Haas. But the evidence was overwhelming—and it is still so today. It is interesting to note that Gov. John M. Slaton's term as governor expired on June 21, 1915.

Frank's final date for execution was set for the next day, June 22, 1915. On his last day in office, Governor Slaton commuted Frank's sentence to life imprisonment, thereby thwarting and overturning the due process of law as set forth by the Superior Court of Fulton County and the Supreme Court of Georgia. People were so aroused and dumbfounded by this maneuver they went to the Slaton Mansion. But the Governor called out the National Guard for his protection, and succeeded in escaping. Mobs formed in many other parts of Georgia on learning of the rape of the judicial process by Slaton.

The Jewish community nationwide directed its wrath in large part towards Thomas E. Watson of Thomson, charging that Watson had written incendiary articles in his Jeffersonian, which contributed to Frank's conviction. They urged that Frank was a victim of racial prejudice and bias towards Jews.

Now comes "newly discovered evidence" which is claimed would have proven Frank innocent. Not so! A year ago the new witness, one Alonzo Mann, was first located, and said that as a young man he saw a Negro with the body of Mary Phagan in the basement of the factory building, and that he had remained silent for around seventy years because he was so young at the time, and he just didn't know what to do about it. Our State Department of Archives even wrote in one of its publications that this "new evidence" seemed to prove Frank innocent. I wrote the Department of Archives and pointed out that this was not new evidence at all—that during the trial of the case it was plainly proven that Jim Conley took the body to the basement—and the Archives Department replied with an apology and, in effect, said it had goofed. That correspondence is now a part of our Department of Archives.

The suggestion that a governor or Board of Pardons and Paroles may pardon a deceased person is completely ridiculous.

The Constitution of Georgia provides that "the legislative, judicial, and executive powers shall forever remain separate and distinct." The executive department has no power whatever to reverse, change, or wipe out a decision by the courts, albeit while the prisoner is in life he may be pardoned. But a deceased party can not be a party to legal proceedings (Eubank v. Barber, 115 Ga. App. 217-18). If Leo Frank were still in life, he could apply for pardon, but after death neither he nor any other person may apply for him. As the Supreme Court of Georgia held in Grubb v. Bullock, Governor, 44 Ga. 379: "It [pardon] must be granted the principal upon his application, or be evidenced by ratification of the application by his acceptance of it [the pardon]." Leo Frank's case was finally terminated absolutely against him by the Supreme Court of Georgia on June 6, 1914. He lived thereafter until August 16, 1915, and never did apply for pardon. It is too late now for any consideration to be given a pardon for Leo Frank. Pardon can only be granted to a person in life, not to a dead person. To illustrate the folly of such proceedings, could someone at this late date apply for a divorce on behalf of Leo Frank?

The blood of a little girl cries out from the ground for justice. I pray the sun will never rise to shine upon that day in Georgia when we shall have so blinded ourselves to the records, to the evidence, to the judgments of the court, and the judgment of the people, as to rub out, change, and reverse the judgment of the courts that has stood for seventy years! God forbid!

My father and I were interested in the statements made by Judge Randall Evans. We had been told that the Phagan family were the only ones who had objected to a posthumous pardon for Leo Frank. Evidently there were other people, prominent and well known, who had also objected.

We felt that the judge made some important and relevant points. We felt we had to verify the statements concerning the pardon to find out whether the consideration of the application by the Board was indeed illegal.

I contacted Mike Wing of the Board and asked for a copy of the governing rules in consideration for a pardon. He was again most supportive, and even suggested that we meet. A date was set for August 8, 1983.

When I received the information that I requested, I learned that the application for pardon filed was indeed illegal. Why, then, had it been accepted? There were only two instances in which a pardon could be granted. According to the rules of the Pardons and Paroles Board:

1. A pardon may be granted to a person who, to the Board's satisfaction, proves his innocence of the crime for which he was convicted under Georgia law. Newly available evidence proving the person's complete justification or non-guilt may be the basis for granting a pardon. Application may be submitted in any written form any time after conviction.

2. A pardon which does not imply innocence may be granted to an applicant convicted under Georgia law who has completed his full sentence obligation, including serving any probated sentence and paying any court-ordered payment, and who has thereafter completed five years without any criminal involvement. The five-year waiting period after sentence completion may be waived if the waiting period is shown to be detrimental to the applicant's livelihood by delaying his qualifying for employment in his chosen profession. Application must be made by the ex-offender on a form available from the Board on request.

On July 22 I went to Nashville to meet the whole Tennessean staff, including John Seigenthaler, the president and publisher. Jerry Thompson, Robert Sherborne, and I went to lunch, and on our return a special tour was arranged for me so that I could understand the operation of a newspaper. For the first time I realized the minute details that had to be seen to before an article could be printed.

At 3:00 I met with John Seigenthaler, also Frank Ritter, who was Deputy Managing Editor, and Jerry and Robert, as well as Sandra Roberts. On the wall of John Seigenthaler's office was a picture of the jury that convicted Leo Frank. "The picture will remain there until a pardon is granted," Mr. Seigenthaler said.

The staff was very cordial, courteous, and helpful to me. We shared our opinions, both pro and con, and we remained strong in them. Mr. Seigenthaler asked what my father thought about the possibility of a pardon and I told him that he objected unless complete proof of evidence could be submitted. Mr. Seigenthaler felt that no complete proof of evidence would ever come forth, only so-called controversies.

I realized something about myself during our discussion: my opinions were as strong as my father's, and I, too, felt that a posthumous pardon should not be granted unless there was complete proof of evidence. Sherry Frank's statement kept playing in my mind: "The pardon not only would wipe from the books the life sentence given Frank, but also would clear him outright of guilt in Mary Phagan's killing." If the pardon was granted, what would the books say?

Our meeting broke up at 5:30. Mr. Seigenthaler told me that I need not commit to a decision on publicly coming forward and that my name alone was worth something—a special name. He also felt that I was as stubborn in my opinions as he was in his.

He was right: my name was special to me. It would always be. I would never forget who or what or where came from.

Later that evening the staff allowed me to go through Sandra's research files and determine what materials I would like to photocopy. They were extremely responsive and showed no hesitation whatsoever in giving me any of their work.

On the way home I thought about what was happening: I knew that the Board would be deciding soon. And, I thought, the sooner the better; I just didn't think I could go much longer without knowing.

Alonzo Mann called me on July 26 to let me know he had received a letter from a "Phagan" and thought I would be the most appropriate person to have it. He also told me that no matter what decision I made, we would be friends and not have to talk about it. We both realized and understood our mutual struggle to have the truth known. I respected him and he me.

Frank Ritter of the Tennessean called me on July 28 to ask me to let him know when I made a decision about going public. He added that no matter what, he supported me!

The following day Sandra Roberts called to ask if I would agree to a meeting with Bill Gralnick, president of the American Jewish Committee and Miles Alexander, an attorney, on August 3.

During the days that followed, I wondered what the real purpose of the meeting was. I trusted Sandra and liked her. She had become a friend to me. So I knew she would never put me in an uncomfortable position.

The meeting was held at the Kilpatrick and Cody law firm on Peachtree Street. Bill Gralnick and Miles Alexander had concerns about the Phagan family and wanted me to share our views. One of the concerns was what the Phagan family— especially my father's and my—attitudes were toward their organizations.

I told them that we didn't condemn or object to them with regard to their seeking to pardon Leo Frank, but that we did object to a pardon unless complete proof of evidence could be substantiated. We understood their position and hoped they understood ours.

They wanted to know how we would feel if a pardon were granted without such evidence. I told them I knew my father would be mad as hell and that he would seek legal advice if the pardon were granted without adequate proof. My impression was that they felt that Leo Frank did not have a fair trial according to today's standards. They wanted to know how I would deal with the situation if I were Leo Frank's greatniece but I told them I could only deal with the questions and heritage that were mine.

On August 8, 1983, my father and I met with Mike Wing of the Board of Pardons and Paroles. I drove to my parents' home in Decatur, and we agreed the easiest way to get downtown would be via MARTA, the rapid transit system in Atlanta. While we were riding, my father recollected some stories and spoke of childhood memories. As we rode, he described and pointed out where my grandfather lived as a young man and the location of the Fulton Bag Mills where he worked. He explained to me the hard life my grandfather had, but expressed proud feelings for his father. "My father wanted his children to do better than himself, and I feel the same way. I am as proud of you as he was of me," my father squeezed my hand lightly.

We arrived at 2:00 p.m. and registered in the waiting room. Silas Moore greeted us and then introduced us to Mike Wing. Mike Wing was cordial. We freely discussed the idea of a posthumous pardon for Leo Frank. My father did most of the talking. He informed Mike that the Phagan family was opposed to the granting of a posthumous pardon because there was no absolute proof of Leo Frank's innocence. He felt that Alonzo Mann's affidavit offered no proof, but was merely Mr. Mann's opinion that Leo Frank did not commit the murder. The controversies which my father said were "so-called" were exactly that. He felt that they could not be proven and what was essential was the transcript at the Supreme Court of Georgia. And he wanted evidence. Not statements. Not hearsay. Not resolutions. He wanted evidence that would stand up in a court of law. The known facts were brought out during the trial, the jury heard them, and the jury of Frank's peers convicted him. He would fight for Frank's exoneration if new evidence were brought forward, he declared. We would be the first ones to stand up and support that exoneration.

My father's other main point was that those who were seeking the pardon chose to impose today's judicial standards for a trial that occurred in 1913. "How can one compare yesterday with today," he asked. "Today's laws are built on yesterday's court decisions."

"The lynching is a different matter," my father stated. He said "I neither condemn or condone it. Again, we cannot judge yesterday's values based on today's standards of morals." My father told Mike that he was not in any way associated with the Ku Klux Klan but felt that any person or organization could and should have the right to pay little Mary Phagan tribute as long as it wasn't for their own prejudicial purposes. My father then described the "Remember Mary Phagan" incident in 1974 to which he had totally objected.

Mike told us that Judge Randall Evans, Jr., who was quoted in The Thunderbolt, was not a member' of the Klan or had any association with them. He informed us that he was a retired judge and felt that the courts of Georgia should be upheld in dealing with the Leo Frank case. Then he told us about Edgar Neely, the attorney who also opposed the pardon.

My father explained his reasons for wanting to be present when the Board discussed the case. Again, Mike stated that no oral testimony would be taken but that the Board might consider granting us a review. My father felt we had a right to it.

We thanked him for notifying us in advance about the application for a posthumous pardon and for the opportunity of discussing in person our views with regard to it.

On August 9 I contacted Edgar Neely. I wanted to know why he opposed the pardon. He told me that the April 26 article made his blood boil. He personally knew Reuben Arnold and Hugh M. Dorsey and felt it was a disgrace to discredit these fine lawyers. He had even argued cases against Reuben Arnold, and felt he was brilliant. He stated that the evidence is "flimsy because no one is alive to dispute Alonzo Mann," and that he wanted to uphold the courts, "as Leo Frank got a fair trial for that time." Therefore, he had written a letter to the Board stating his opposition.

Sandra Roberts called and asked me how the meeting went with the Board. I told her the Phagan family—including myself—opposed the pardon. I also told her I would make a decision about going public by the end of August.

I was ready for another big step. On August 29, 1983 I decided to acknowledge my name and legacy to the press. I called Sandra and told her. Frank Ritter called back within minutes and we set September 5 for my interview.

On September 1 the Marietta Daily Journal reported: HARRIS: PARDONS, PAROLES BOARD SHOULD RE-CONSIDER FRANK CASE.

The article, by Bill Carbine and Merritt Cowart, was, my family felt, further outside pressure on the Board to determine its decision. Governor Harris was quoted as saying: "From what I've seen and heard, the case deserves reconsideration. From the recent evidence and from what I've heard, I think it is something that the Pardons and Paroles Board could consider." The governor did not say whether he would recommend a posthumous pardon for Frank, as several of the Jewish organizations suggested.

Dr. Edward Fields of Marietta, head of the New Order of Knights of the Ku Klux Klan, maintained the Board could not posthumously pardon anyone in Georgia and based his argument on the opinion of retired Judge Randall Evans, Jr.

Fields scheduled a KKK march for Saturday, September 3, from Marietta Square to Mary Phagan's grave, located off Powder Springs Road. Expectations were that approximately one hundred to one hundred and fifty Klansmen would come to the "Remember Mary Phagan" services. They planned for the Reverend Thom Robb of Harrison, Arkansas, to lead the eulogy, and for a wreath to be placed on Mary Phagan's tombstone.

Marietta Mayor Bob Flournoy announced that a service would be conducted at the First Baptist Church at 148 Church Street in Marietta for all those people opposed to the KKK rally.

September 3 arrived. I stayed home. I felt afraid. A couple of local stations reported the KKK march to Mary's grave. She was eulogized, and a wreath was placed on her tombstone. It was stated that everyone might not agree with what the Klan stood for, but that the remembrance of Mary Phagan is still alive and that this was part of Georgia history. The counter-demonstration at the First Baptist Church in Marietta took place at the same time.

The Atlanta Journal and Constitution and Marietta Daily Journal reported on the Klan march and repeated what the news account reported. It was also reported that the rally and the counter rally were orderly and without interruption. On September 5 the Tennessean staff—Frank Ritter, Sandra Roberts, and Pat Casey (photographer)—arrived at my home. We grilled hot dogs and hamburgers outdoors and ate before we got into the interview. My father did most of the talking.

The rest of the family listened attentively, even though we had heard the same stories before. The staff had asked to be taken to little Mary Phagan's grave. It was the first time that my father and I had been there together. When he read the inscription his emotions got the best of him and he cried. His tears made me cry. Her memory bound us together. It was true. Little Mary Phagan was not forgotten.

We felt strongly that the story in the Tennessean, "Little Mary Phagan Is Not Forgotten," would be done honestly, accurately, and with sensitive feelings toward us. We were correct. Frank Ritter called us and read the entire story before it went into print. He wanted to make sure there were no mistakes. We were pleased.

On September 7 Durwood McAlister of the Atlanta Journal wrote an editorial opinion on the Frank case. He felt that the Klan march was a futile attempt on the part of the Klan for its very existence, using the posthumous pardon for Leo Frank as an excuse. His explanation of why the KKK marched to the grave of Mary Phagan was that the legacy had begun there. It was well documented that the modern Klan, known as the  "Knights of Mary Phagan"[Vigilance Committee and it was reported that possibly three were part of the lynching]  gathered on top of Stone Mountain a few weeks after the lynching of Leo Frank.

It was evident that he believed Leo Frank to be innocent of the murder of little Mary Phagan and that the lynching was wrong.

He felt that Leo Frank should be officially pardoned due to the fact that remaining doubts were dispelled by the confession of Alonzo Mann.

He also stated, "Ten years after the murder, a journalist working for the Atlanta Constitution uncovered new evidence proving Frank's innocence, but prominent Atlanta Jews, fearing the story would only bring on new repercussions, persuaded the newspaper to withhold the publication." I couldn't believe what he was saying. Why didn't he present the evidence to the Board along with Alonzo Mann's eyewitness testimony? I called to try and find out, but my call was never returned. I thought it was incredibly one-sided to present the story in such a way.

My father and I contacted Ron Martz of the Journal to tell him we were ready to public in Georgia. On September 14 the Atlanta Journal printed a letter from Randall Evans, Jr., in response to Durwood McAlister's editorial opinion. It said that Judge Randall Evans, Jr., was not a member of the Ku Klux Klan, but one of the thousands of Georgians who vigorously opposed a pardon for Leo Frank. And it reminded readers that the law of Georgia gave no authority for pardoning a dead man.

Judge Evans responded to every one of Durwood McAlister's statements. His last paragraph also expressed my sentiments exactly: "It is hoped that the Board will permit oral argument on this question and then your hired editorial writers will be privileged to speak out in public and justify their statements written from the privacy of your editorial offices. And perhaps others of us will be allowed to reply."

Ron Martz's story, which appeared in the Atlanta Journal on September 22, 1983, provided a step forward for my family—and closed any way of going back. The story titled, "MARY PHAGAN'S LEGACY: Victim's name-sake opposed pardon for convicted Frank," ensured the awareness in Georgia of my family's existence and our opposition to a pardon for Leo Frank unless new proof of evidence was found.

Once again, my father and I were pleased with Ron Martz's reporting.

On September 27, 1983 they permitted my father and me to address the Board. Sitting on the Board were Mob-ley Howell, Chairman, Mamie Reese, member, James Morris, member, Michael Wing, member, and Wayne Snow, Jr., member. They had not realized that the Phagan family existed until Mike Wing informed them. They had become concerned about our feelings and felt that we could share them with the whole Board. They were responsive and understanding.

My father addressed the Board:

My name is James Phagan, and this is my daughter, Mary Phagan, named for little Mary Phagan. We are direct descendants of little Mary Phagan. My father, William Joshua Phagan, Jr., was little Mary's brother. We have come here today to express our views and opinions on the request for a posthumous pardon for Leo Frank, who was the convicted murderer of little Mary Phagan. We prefer to remain within ourselves and not to seek publicity concerning our legacy. We have never said anything before because we never had anything to say. We granted Ron Martz, staff writer for the Atlanta Journal, an interview because of the many articles, editorial opinions, both in the news-paper and on TV stations, and "outside pressure" of the Senate. It was time for it to be known that we do indeed exist, and we are concerned about the granting of a posthumous pardon.

I am here today with my daughter, Mary, to inform you that if you find evidence—not statements, not hearsay, not resolutions, but evidence—that will stand in a court of law to prove the innocence of Leo Frank for the murder of little Mary Phagan, then we would like to come forward with you and tell the world. A miscarriage of justice is a miscarriage of justice whether it happened two years ago or seventy years ago.

We cannot compare yesterday with today's standards. We were not there and it is unfair to say that Leo Frank did not get a fair trial according to today's standards.

The lynching of Leo Frank is an entirely different matter. But I am not going to condemn or condone what was done. You had to be there to understand the feeling that Governor Slaton's commutation order caused. The people felt robbed of justice and became a vigilante committee.

I am emotional about this, and my daughter is emotional about this. We thank you for the opportunity to address you and for letting us express our views and opinions.

I listened to my Dad as he spoke and felt proud to be his daughter and to be a Phagan.

Mobley Howell asked if any of the members had any questions. There were none. Mr. Howell told us the nicest part of this tragedy was that the Board had the opportunity to meet my father and me.

"Young lady," he said, "you are beautiful and have a startling resemblance to your great-aunt."

I smiled and thanked him. He also told us that the Board would render its decision by the end of 1983.

The rendering of this decision weighed heavily on my mind in the following months. During that time, The New York Times, Washington Post and U.S. Magazine sent reporters to interview my father and me. One of the reporters told me outright that my grandfather and father "have been lying" and that Leo Frank was innocent.

My nightmares returned.

In December the Atlanta Journal and Atlanta Constitution reported that the Board of Pardons and Paroles would announce its decision sometime during the last two weeks of 1983. Finally, I thought, it would be over. Or would it? On December 22, 1983 my father went to the State Capital Building, where the Board was to announce its decision. I had left Atlanta that morning for Michigan to spend Christmas with Bernard's family. I wouldn't be there. I would be the last to know. It was frustrating.

When we arrived at Bernard's parents' home, Bernard's mother couldn't wait to tell me: Dan Rather had reported on CBS news that the request for a posthumous pardon for Leo Frank had been denied!

I cried. I was relieved, angry, and sorrowful. I wanted to know if it was truly over.

The Board had begun work on the pardon in January 1983, pretty much going over the same routes of investigation that John Slaton had sixty-eight years earlier.

It organized an investigation staff under the direction of Chairman Silas Moore. This staff was presented with "evidence": newspaper accounts, the trial brief, books, and letters—along with short summaries. Many of the Board members turned to history books to get a perspective on the lynchings, yellow journalism, and the general temper of the time when little Mary Phagan had been murdered.

Alonzo Mann's testimony was the first to be evaluated. While many, including Mr. Mann, felt that his new recollection "proved" Frank's innocence, the Board felt it merely cast doubt on Jim Conley's testimony. It proved in the Board's estimate that Jim Conley lied about carrying Mary Phagan in the elevator, and possibly about her dying on the metal room floor, but it did not prove that Frank had not killed her upstairs nor even that he might not have later killed her downstairs. The Board felt Mann made Conley into a liar, which everyone knew, but not necessarily a killer. Also, the seventy-year gap that made his testimony so sensational to the media and would-be movie producers cast doubt on the validity of his recollections. Moreover, it was perceived that his testimony itself had internal contradictions.

Once the Mann evidence had been weighed and found to be non-conclusive, there wasn't much to go on. "We set about to do almost the impossible," one Board member was to state publicly, "to reconstruct something that occurred seventy years ago—frankly, all the actors were deceased except Alonzo Mann. We were totally at the mercy of accounts by others—mostly journalism accounts, letters—and mostly opinions." He was correct: no other witnesses appeared; no one unearthed heretofore secret material; and, despite rumors, there was no concrete evidence of a confession by Jim Conley. Seventy years after it all began, the Leo Frank case remained a mystery—and, because of the passage of time, an even deeper mystery. Even if Alonzo Mann's account were entirely true, Frank still could have killed Mary Phagan, either accidentally or deliberately, either in combination with Jim Conley or on his own—or he could have been completely innocent.

And there is a third possibility. Someone, whose identity we may never know, could have slipped unnoticed into the pencil factory that day, or have been allowed in by a person on duty. What would this person's motive for killing little Mary Phagan have been? Robbery? A grudge against the pencil company? Anger at Mary because she may have rejected advances this person might have made to her?

I wondered: how many others had thought of this possibility?

In the announced decision itself, the Board declared cogently:

The lynching of Leo Frank and the fact that no one was brought to justice for that crime is a stain upon the State of Georgia which granting a posthumous pardon cannot remove.

I called my Dad and asked him if it was over. He told me it wasn't. He said that when the Board of Pardons and Paroles changed chairmanship there would be another request filed. Somehow I knew he was right. The Board sent me the decision in response to the application for posthumous pardon for Leo M. Frank. It stated:

On August 25, 1913, Leo M. Frank was found guilty in Fulton County Superior Court of the murder of Mary Phagan. Frank was sentenced to death by hanging.

For almost two years the case was appealed unsuccessfully up to the highest levels in the state and federal court system.

On June 21, 1915, Governor John M. Slaton commuted the sentence of death to life imprisonment.

On August 17, 1915, a group of men took Leo M. Frank by force from the state prison at Milledgeville, transported him to Cobb County, Georgia, and there lynched him.

On January 4, 1983, this Board received an application from the Anti-Defamation League of B'nai B'rith, the American Jewish Committee, and the Atlanta Jewish Federation, Inc., requesting the granting of a full pardon exonerating Leo M. Frank of guilt of the offense of murder.

In accepting the application, the Board informed the applicants that the only grounds upon which the Board would grant a full pardon exonerating Leo M. Frank of the murder for which he was convicted would be conclusive evidence proving beyond any doubt that Frank was innocent. The burden of furnishing such proof would be upon the applicants.

The information which has been submitted to the Board in this matter is considerable. The pardon application, prompted by the affidavit of Alonzo Mann dated March 4, 1982, is accompanied by numerous other documents submitted in support of the pardon.

Alonzo Mann made statements to journalists Jerry Thompson and Robert Sherborne, which appeared in a copyright article in the Tennessean on Sunday, March 7, 1982, and made similar statements in Atlanta, Georgia, on November 10, 1983, which were video-taped and recorded by a court reporter in the presence of representatives of the Parole Board. Mann's major point was that, upon re-entering the front door of the National Pencil Company building on April 26, 1913, shortly after noon, he saw the limp form of a young girl in the arms of Jim Conley on the first floor. Upon seeing Mann, Conley is alleged to have turned and reached out toward him with one hand, stating "If you ever mention this, I will kill you." Mann then ran out the front door, caught a streetcar, and went straight home.

Assuming the statements made by Mr. Mann as to what he saw that day are true, they only prove conclusively that the elevator was not used to transport the body of Mary Phagan to the basement. Governor Slaton concluded as a result of his investigation, that the elevator was not used and so stated in his order of commutation. Therefore, this in and of itself adds no new evidence to the case.

Briefs have been submitted in opposition to the pardon. These briefs cite evidence and information to support that view, none of which is new. Numbers of other letters have been received reflecting opinions in support of and in opposition to the pardon.

In addition to the information and material submitted to the Board by interested parties, the brief of trial evidence was obtained from the Supreme Court of Georgia. This extensive document contains all the testimony given at the trial. It is the foundation upon which most arguments on both sides of the issue are based.

The lynching of Leo Frank and the fact that no one was brought to justice for that crime is a stain upon the State of Georgia which granting a posthumous pardon cannot remove.

Seventy years have passed since the crime was committed, and this alone makes it almost impossible to reconstruct the events of the day. Even though records of the trial are well preserved, no principals or witnesses, with the exception of Alonzo Mann, are still living. This case is tainted due to the lynching of Leo Frank. Would he eventually have won a new trial? Would he have been paroled? These questions can never be answered. After an exhaustive review and many hours of deliberation, it is impossible to decide conclusively the guilt or innocence of Leo M. Frank. There are many inconsistencies in the accounts of what happened.

For the Board to grant such a pardon, the innocence of the subject must be shown conclusively. In the Board's opinion, this has not been shown. Therefore, the Board hereby denies the application for a posthumous pardon for Leo M. Frank.

For the Board,

Mobley Howell, Chairman

Though the testimony they had collected convinced the petitioners of Leo Frank's innocence, it must have seemed far less certain to Board members. Dale Schwartz had declared Alonzo Mann's testimony "so credible you couldn't get an actor to do that," but the Board members apparently doubted its value as concrete evidence. To the Board it became clear that Mann's testimony did no more than support Slaton's conclusion, based on the argument of the excrement in the elevator shaft, that Jim Conley did not tell the truth about using the elevator to carry Mary Phagan's body to the basement. But at worst, considering that it took seventy years for Alonzo Mann to come forward, as well as a couple of unsupported assertions in his testimony, the testimony proved nothing at all.

Even if Jim Conley had lied, the Board argued, it did not mean that Frank was innocent. As Mike Wing is quoted as saying in an Esquire article in 1985:

The testimony of Mann sounded good. It matched up with the shit in the shaft to suggest that Conley was the killer. But does his testimony provide sufficient reason to overturn the findings of the court. I wouldn't convict someone seventy years after the fact solely on the testimony of an eighty year old man, so how can I pardon someone on that testimony. To get that pardon, they needed to prove that Frank was innocent beyond a shadow of a doubt, and Mann's testimony just didn't do that.

And, while the pardon effort was motivated by extra-legal goals, it spoke of the pardon process as within the structure of the "judicial process" that provided for "the privilege of pardon and commutation as a 'safety valve' for use in extraordinary cases," and probably worked against it. As if meant for a formal court, the application cited federal court cases to justify "standing" to seek a pardon. The petitioners, in attempting to repudiate anti-Semitism, represented their attempt as a legal effort to repudiate the libel against the Atlanta Jewish Community—an "injury in fact."

The conclusion of the pardon application read:

The public good will be served; a historic injustice will be corrected; a seventy year libel against the Jewish Community of Georgia will finally be set aside, and the soul of Leo Frank will, at last, rest in peace.

The "proof" in Mann's testimony and the collective weight of the number of people, including John Slaton, who believed in Frank's innocence in 1915, provided the claim for Frank's innocence. But the leaders of the pardon effort tied the extralegal justifications for the pardon and their procedural mindset very tightly together, which led to claims of innocence that were not easily justified.

Dale Schwartz publicly responded to the passage in the Board's statement which said that Frank's innocence was not "proved beyond any doubt," with "The 'beyond any doubt standard' is one which none of us have [sic] ever seen applied in Anglo-American jurisprudence." Yet the pardon application itself stated that: ". . . the statement of facts demonstrates, Leo Frank was innocent to a mathematical certainty."

The response to the Board's denial of pardon was immediate and vociferous. The Atlanta Constitution ran an editorial cartoon showing three men, labelled as Board members, packing away a crate. The cartoon was captioned: "Well, that's done . . . Now where can we stash it?" Television and radio broadcasters took up the cry, as did the three groups who had filed for the posthumous pardon—the AntiDefamation League, the American Jewish Committee, and the Atlanta Jewish Federation. They were, they said, in shock. Board members, convinced of the sincerity of their investigation and decision, also pro-claimed themselves in shock. Hundreds of letters criticizing the decision came into the Board weekly.

I felt that the Board made a fair decision. From the start the Board had explained to the applicants that complete and new evidence must be shown before a posthumous pardon could be granted. Alonzo Mann's testimony was not new evidence: in essence it suggested that Jim Conley probably lied about the use of the elevator, but it did not prove that Leo Frank did not murder little Mary Phagan. I wondered if the editors of the papers sifted through the mounds of evidence and whether they had read the 454-page trial transcript or the daily accounts in newspapers. I was amazed that the Atlanta Journal stated on December 23, 1983: "A network news anchor told his viewers last night that Georgia had refused to clear the name of Leo Frank. That's not quite true. Leo Frank's name has, in all but the most formal sense, been cleared for decades. His innocence is understood and accepted by all but those few whose hearts are clouded by connection to Mary Phagan or blackened by remnants of the kind of bigotry that killed him."

I felt they were wrong. There are many people in Georgia, not related to little Mary Phagan and not bigoted, who believe Leo Frank to be guilty. In fact, I have met some people of the Jewish faith who believe Frank to be guilty.

My father requested time on one of our local TV stations to make a rebuttal to an editorial opinion on the pardon. He was denied it. My father decided not to report the TV station to the Federal Communications Commission. This phase was over—for the rest of the world. Not for my family. The story of little Mary Phagan would go on. The denial of the posthumous pardon was, I felt, merely a breathing space.

And the nightmares continued.

Afterward – Pardon: 1986 Final

Word Count: 2211 Words, Reading Time: 8 Minutes
album-art
00:00

On March 19, 1985 my father told me that Alonzo Mann died. I felt sad. To me, he was a fine gentleman; he believed what he had seen to be evidence of the truth. He was at peace now. I was still struggling for my peace.

On March 6, 1986 Silas Moore of the Pardons and Paroles Board had contacted me regarding the Board's receipt of another application for a pardon for Leo Frank. The Board wanted to meet with my father and me.

It shouldn't have been a surprise. The reverberations from the Board's denial of pardon in 1983 had never really died down.

"I don't know," Board member James Morris had said in 1985, "I wish we could do something to right this wrong. I know we want to do something, but to say with one hundred per cent certainty that Leo Frank is an innocent man is a very difficult thing to do."

That year Wayne Snow, Jr., who had been appointed chairman of the Board of Pardons and Paroles, said, "The case is so repulsive because of the lynching— because it terminated all the rights of an individual." Another Board member had been disturbed by "the State's inability to protect one of its citizens" since Frank was in state custody during the hanging.

And while no one on the Board mentioned the goal of repudiating anti-Semitism, there was no way anyone could have been unaware of the pain that the Frank case seemed to cause the Jewish community—nationally.

The following day, my father and I met with Wayne Snow, Jr., the new chairman of the Board, and Mike Wing. We were told that the Jewish community had again filed application for a posthumous pardon. And that if a pardon were issued, it would be based not on guilt or innocence but on the contention that "the State did not protect Leo Frank and that his rights were violated." The Board felt that the lynching of Leo Frank was wrong. And that this pardon would "heal old wounds."

Apparently, renewed efforts for pardon had begun in August 1985. And while at first the petitioners had thought they'd failed to obtain the pardon in 1983 simply because they had not brought enough pressure to bear, they had come to see that, beyond the strictly procedural action of the process which sought to establish Leo Frank's innocence or Jim Conley's—or someone else's— guilt, what was most probably achievable was a pardon that addressed the extralegal case about Leo Frank. And this approach by the petitioners allowed Board members' sympathies for the extra-legal aspects of the case to come through. The Board had been deeply concerned about the problem of setting a precedent for a huge number of posthumous pardon applications, were Frank pardoned on strictly legal bases. By addressing the extra-legal case, however, the precedent that a pardon would grant would only be to exceptional cases like the Frank case. So, eight months prior to the Board's contacting me, an initial proposed pardon application made its way through to some members of the Board. This initial draft repudiated the old standard of absolute innocence and made no mention of a pardon based on innocence or guilt. By March, members of the Board had agreed in principle to grant a special type of pardon which would imply neither innocence or guilt, but merely address the concerns brought about by the case.

Wayne Snow, chairman of the parole board, said, beginning last fall, the five-member panel met with leaders of the Jewish groups to discuss how the pardon could be reconsidered.

Mr. Snow said the board told the Jewish groups that their original petition, which asserted Mr. Frank's innocence, had left the board ''limited in what we could do.''

 

Instead of asserting Mr. Frank's innocence, Atlanta attorneys Dale Schwartz and Charles Wittenstein, assisted by David Meltz and Clark Freshman, went to Plan B and argued that the state of Georgia's failure to protect Leo Frank from the lynch mob during his imprisonment at the Milledgeville prison farm, and its failure to bring his killers to justice, amounted to the state's complicity in the lynching. Therefore, Leo Frank's lynching was per se so egregious an injustice that it transcended the issue of innocence or guilt. They also argued the state of Georgia needed to atone for its past sins in this case and urged that Mr. Frank be pardoned without addressing the issue of his guilt or innocence, to send a strong signal that Georgia no longer condoned anti-Semitism and mob violence, and wanted to heal these old wounds by renouncing bigotry, acknowledging injustice, and righting this tragic wrong. [Clark Freshman, senior thesis, Harvard 1986; The thesis facilitated a pardon in the infamous Leo Frank case .  Clark Freshman, along with other attorneys, argued that the state of Georgia’s failure to protect Leo Frank from the lynch mob [Vigilance Committee] during his imprisonment at the Milledgeville prison farm, and its failure to bring his killers to justice, amounted to the state’s complicity in the lynching .]

Subsequent discussions focused on the language of the pardon, Mr. Snow said, culminating in the unanimous vote to pardon Mr. Frank. The board's meetings are closed to the public and the 1983 vote by the same board members was not disclosed.

They approved such a pardon in early March.

After meeting with representatives of the petitioners, the Board began drafting a final pardon order which they approved shortly after ADL officials and others found it acceptable.

But our family had questions.

Why was there no public announcement of receipt of application?

Why were other people who opposed granting of the pardon not told of the new application?

My father reminded the Board that if the pardon were granted books, miniseries, and movies of the Mary Phagan/Leo Frank case would be made, and, he believed, the pardon would not "heal old wounds" as they had hoped: instead, little Mary Phagan's story would never die, and the controversy surrounding her horrible death would continue.

"You are damned if you do and you are damned if you don't," he told them.

Former Chairman Deputy Director Silas Moore announced the issuance of a pardon order on March 11, 1986, at 1:00 P.M. at the Georgia State Capitol.

It seems that Board members had finally agreed on the bases for granting a pardon. They reflected concern that Frank's lynching had foreclosed efforts to prove him innocent. The Board also addressed three extra-legal concerns—the repudiation of lynch law, the need to heal old wounds, and the acknowledgement of anti-Semitism. The question of whether Leo Frank had really committed the murder—the search for his purity or demon hood—was now just dust in the wind. In the discussions of pardon from September through March 1986 the Board had done no detective work, except to ensure the accuracy of its final order, discussing the historic background to the Frank trial. The Board simply overlooked guilt or innocence, something it had never done in pardons of forgiveness or pardons of innocence.

The final statement read:

On April 26, 1913, Mary Phagan, a thirteen-year-old employee in an Atlanta pencil factory was murdered. Georgians were shocked and outraged. Charged with the murder was the factory superintendent, Leo M. Frank. The funeral of Mary Phagan, the police investigation, and the trial of Leo Frank were reported in the overblown newspaper style of the day. Emotions were fanned high.

During the trial a crowd filled the courthouse and surrounded it. While the verdict was read, Frank was kept in jail for protection. He was convicted on August 25, 1913, and subsequently sentenced to death.

After unsuccessful court appeals the case came to Governor John M. Slaton for his consideration. Leo Frank: had a full and fair right of appeal as the majority of the Supreme Court of the United States pointed out in denying his appeal in April 1915;

"To conclude:  Taking appellant's petition, as a whole...it shows that Frank, having been formally accused of a grave crime, was placed on trial before a court of competent jurisdiction, with a jury lawfully constituted; he had a public trial, deliberately conducted, with the benefit of counsel for his defense; he was found guilty and sentenced pursuant to the laws of the state; twice he has moved to set aside the verdict as a nullity, three times he has been heard upon appeal before the court of the last resort of that state and in every instance the adverse action of the trial court has been affirmed; his allegations of hostile public sentiment and disorder in and about the court room and the jury against him, have been rejected because (they were) found untrue in point of fact upon evidence presumably justifying that finding and which he has not produced int he present proceeding." 

No court that reviewed the evidence ever concluded that Frank was NOT GUILTY or entitled to a new trial!

It should not be presumed that these judges were venal or derelict in the performance of their duties.

The governor was under enormous pressure. Many wanted Frank to hang, and the emotions of some were fired by prejudice about Frank being Jewish and a factory superintendent from the North. On June 21, 1915, the governor commuted the sentence from death to life imprisonment. Thus Frank was saved from the gallows, and his judicial appeals could continue, or so it seemed.

On the night of August 16, 1915, a group of armed men took Frank by force from the state prison at Milledgeville, transported him to Cobb County, and early the next morning lynched him.

The hanging aborted the *legal process, [Leo M. Frank had fully and completely exhausted every possible court appeals process concerning every level of the United States Federal and State Appellate Tribunal System. Majority and Unanimous Decisions during the Appeals Process Affirm the Murder Conviction Given by the Trial Jury including “extraordinary motion for new trial!”] thus foreclosing further efforts to prove Frank's innocence. It resulted from the State of Georgia's failure to protect Frank. Compounding the injustice, the State then failed to prosecute any of the lynchers.

In 1983 the State Board of Pardons and Paroles considered a request for a pardon implying innocence, but did not find "conclusive evidence proving beyond any doubt that Frank was innocent." Such a standard of proof, especially for a seventy-year-old case, is almost impossible to satisfy. Without attempting to address the question of guilt or innocence, and in recognition of the state's failure to protect the person of Leo M. Frank and thereby preserve his opportunity for continued legal appeal of his conviction, and in recognition of the state's failure to bring his killers to justice, and as an effort to heal old wounds, the State Board of Pardons and Paroles, in compliance with its constitutional and statutory authority, hereby grants to Leo M. Frank a pardon.

Given under the Hand and Seal of the State Board of Pardons and Paroles, this eleventh day of March, 1986.

STATE BOARD OF PARDONS AND PAROLES Wayne Snow, Jr., Chairman

Mrs. Mamie B. Reese, Member

James T. Morris, Member

Mobley Howell, Member

Michael H. Wing, Member

The reports had indicated that the Board worked in secret with the Jewish community for almost a year [August 1985 through March 1986: Clark Freshman, senior thesis, Harvard 1986] and Wayne Snow, Chairman of the Board, stated this publicly during a TV station interview. This disturbed us. Wayne Snow had told us at the beginning of March that the Board was thinking of granting a pardon, but, in fact, had already made the decision which they announced immediately after they spoke to us.

We wondered what the purpose was of keeping it secret?

The pardon was covered by the media across the country. Everyone who knew me sent me the articles. Most of the newspapers reported that the relatives of Mary Phagan said that "Frank's official pardon doesn't mean he was innocent."

My father felt that the pardon which was finally issued was meaningless, for it had not settled the real question of Leo Frank's innocence or guilt.

As the publicity surrounding the announcement of the pardon died down, my struggle for inner peace became more difficult. I continued to have nightmares. It was as if someone was trying to warn me, to prod me into action. I felt compelled to tell my family's side of little Mary's story, to let the next generation of Phagans know their heritage, to let everyone know the true legacy of little Mary Phagan.

In January of 1987, the story of little Mary Phagan appeared in the newspapers again. Because of racial tension in nearby all-white Forsyth County, the media reminded readers that the murder of little Mary Phagan spurred the beginnings of the modern KKK.

And now my father's prediction of more books being written about the case and television miniseries is beginning to come true.

'Will we ever know with complete certainty who killed Mary Phagan?  Has the answer gone to the grave with all the participants in the tragedy?'"

I wonder what the next phase will be.