When I was a child, my family visited Mississippi numerous times. I remember and have strong memories of attending all of my grandparents' funerals, playing and hiding in the woods, fishing and swimming in the creeks, picking fruit and vegetables fresh off the vine, riding a bull, sweeping the dirt walkways, watching the adults gamble and sing in the juke joints, acting up in church, watching and smelling the preparation of chitterlings ('chitlins') and feeling that everyone I met was family. My parents grew up one mile away from each other in Mathersville, Mississippi. There were ten children in each family. My roots in Mississippi are strong and my family history is deep. For my father's 65th birthday, my brother and I wrote and recorded a country song called "Mississippi Boy" to honor him and his struggle to raise and provide for his family. So when the opportunity arose to meet Judge Bobby DeLaughter recently, I begged for the chance. We are both trial lawyers with roots in Mississippi. Judge Bobby DeLaughter was the keynote speaker at the 7th annual MLK Celebration Dinner held at the Convention Center in Sacramento on January 7th of this year.

It was in Mississippi on the night of June 12, 1963 that civil rights advocate and leader Medgar Evers was assassinated in the driveway of his home in the presence of his wife Merlie and their three children. His killing was designed to thwart the struggle of a people whose righteous cause was being heard around the world. The accused, Byron De La Beckwith, faced two jury trials both ending in a hung jury. The jury was all male and all white each time.

In 1994, the State of Mississippi delivered a long overdue verdict that would represent a change and stood as a beacon to finally chase the ghosts of the past away. Then District Attorney Bobby DeLaughter, after a journey that took over five years, received a guilty verdict for murder against Byron De La Beckwith. After the verdict, Judge DeLaughter became a hero of sorts. In just a few years after the verdict, Hollywood took an interest in his journey and turned the events into a major motion picture directed by Rob Reiner and starring Alec Baldwin and Whoopi Goldberg called "Ghosts of Mississippi." I had an opportunity to discuss the events of that time with the Judge and to discuss the ultimate impact of his work.

The elusive guilty verdict of the outspoken and arrogant racist, who never failed to express himself during interviews and in front of the camera, took many years to come. Byron De La Beckwith's willingness to discuss the killing, primarily after the hung juries, would lead to one of the most important weapons Judge DeLaughter had for use at trial.

After acquiring access to information collected by an organization which would only release it with an understanding that it was not to be used to prosecute anyone, District Attorney DeLaughter began a quest of curiosity and started to look into the Evers murder case. In the beginning, he had no file or evidence to review as it had disappeared over the years. After an initial review, he found himself armed with investigators and a healthy obsession with the circumstances of the murder. Over the next five years, one thing led to another as he began to put the pieces of evidence together. One of the first and most startling breakthroughs was finding the murder weapon in the home of his father-in-law. His father in law had been the judge at in the second trial. Judge DeLaughter discovered that many of the original witnesses had the facts fresh in their minds even though so much time had passed. He discovered that De La Beckwith had been bragging about killing Evers in speeches at KKK rallies and to other people throughout the years. He managed to track down six witnesses to testify at the trial who were not involved previously. It was their testimonies as to the many admissions made by De La Beckwith which made a big difference in the evidence presented.

During those years of discovery, Judge DeLaughter also created and maintained a strong relationship with Merlie Evers, Medgar's wife. He tells the story that one of the things that gave him confidence was that Mrs. Evers recited the facts of what occurred as if it had occurred the day before, and displayed the emotions he'd seen from other victims in the many years he prosecuted homicide cases. He admitted that before their first meeting he was nervous, but he soon found that she would be his greatest ally. She told him that she only wanted him to "do it right". She expressed that she wanted all T's crossed and all I's dotted. Mrs. Evers and her family had waited a long time to get justice and she saw his effort as the last opportunity to do so. Her wish was to put an end to the nightmare that had haunted her, her children, and the State of Mississippi for so many years. Mrs. Evers provided valuable information and insight, and played a large role in one of the most important turns in the case, the exhumation of Medgar's body. During a District Attorney's conference organized by Judge DeLaughter, he met a forensic expert who suggested that he have the body exhumed for an autopsy. He explained that with new technology, he might be able to gain valuable evidence. When Judge DeLaughter relayed the request to Mrs. Evers for permission, she agreed but with one stipulation, that Van, her youngest son, would be allowed to attend the exhumation and the autopsy.

After attempts to dissuade the family, Judge DeLaughter agreed and Van attended the exhumation at Arlington National Cemetery in Washington DC. Van rode in the back of the hearse with the casket from DC to New York State where the autopsy was performed. When the casket was opened, the first thing everyone in the room did was to stand back in silence. The young boy, who was now a man, had no memory of his father. For years he longed to see the man he had only known from pictures and stories. Now was the time to finally lay eyes upon the extremely well preserved face of his father. Judge DeLaughter describes that particular moment as one of the most poignant and touching acts of humanity in the journey. He remembers the doctor patting him on the back at the sight of the well-preserved body and saying, "it's gonna be a good day today, Bobby".

With the help of the new witnesses, the steadfast memories of the old ones, the fortunate circumstances which led to the discovery of the original evidence, the new racial composition of the jury (8 black, 4 white), and the prayers of millions, this case closed with a guilty verdict. Despite all of the personal and professional risks and sacrifices made by Judge DeLaughter, he fully acknowledges that it pales in comparison to what Mrs. Evers and her family had to endure over the many years.

I asked the Judge the simple question of why. Why would he do such a thing and take the risks he did? He explained simply that he hoped that what he'd done would be what any person would do if they were in his shoes. It seems that to achieve justice, we can all recognize that there is much work to be done. I believe that having the right person at the right time willing to step up makes all the difference in the world. Sometimes we are just minding our own business and find ourselves placed in a situation with an opportunity to make a change. No matter how it happens, I am grateful for Judge Bobby DeLaughter, and we are all blessed to have had his company for a spell and for sharing this portion of his life with us.

If a man is to be judged by his deeds, then Judge Bobby DeLaughter has shown by example the high standard by which we should all hope to have an opportunity to be measured.

Keith J. Staten is a Senior Staff Counsel with the Department of Motor Vehicles. Prior to that position, he was in private practice concentrating on criminal law for several years. He has served on the SCBA's Bar Council and IDP Committees for the past three years and is active in several community organizations. He is also a past president and active member in the Wiley Manual Bar Association.

May / June 2006