(21 Feb 1997) English/Nat

The confessed killer of Martin Luther King Jr. - James Earl Ray may get a new trial, after a judge decided that new technology could determine if Ray's rifle fired the shot that killed the civil rights activist in 1968.

That decision means Ray's bid for a new trial and acquittal have been kept alive, but Brown's finding must be reviewed by a State Appeals Court before he can rule on allowing new tests on the rifle and the death slug.

Following the legal ruling opening up the possibility of a new trial for James Earl Ray, his lawyer held a press conference.

Ray - the confessed killer of Martin Luther King - has had his hopes of a new trial revived after Judge Joe Brown decided that new technology could decide if Ray's rifle actually fired the shot that killed Martin Luther King Jr.

Judge Brown's decision must be reviewed by the same state appeals court that rejected Ray's request for tests on the rifle in 1994.

Brown must await the review before deciding whether to allow new tests on the hunting rifle and the bullet that killed King in 1968.

Ray, now aged 68, pleaded guilty in 1969 but recanted almost immediately, arguing that he was set up.

Ray's lawyer said this ruling was just the first step.

SOUNDBITE: (English)
"Well, I think the legal process of defence, post-conviction release proceedings will end if James Earl Ray dies. But the fear that many of us have is not just that he will be then labelled in history as the man who killed Martin Luther King when we firmly believe he did not do that, but was an unknowing patsy. But that the truth will never be able to be brought out. under oath, in court of law. That is the way that this evidence of ours should be tested -- it should not be dismissed in the media, it should not be speculated about by attorneys general. It should be put in court of law with witnesses appearing under oath and testifying."
SUPER CAPTION: William Pepper, James E. Ray Lawyer

Now serving a 99-year prison sentence, Ray has terminal liver disease, and is keen to and his bid for a trial is backed by the King family.

SOUNDBITE:(English):
"I could move on with my live in that regard and I think my family could except or deal with whatever verdict is render in a jury trial, provided that all the circumstances, the proceedings are fail and both sides have accepted that it's happened the way it is supposed to happen."
SUPER CAPTION: Dexter Scott King, Son of Dr. Martin L. King

Ray contends the .30-06 Remington rifle found at the murder scene with his fingerprints on it was put there by conspirators trying to frame him.

The F-B-I and the U-S House Select Committee on Assassinations tested the rifle in the 1970s but could not establish that it was the murder weapon.

Judge Brown decided that the technology is better than it was in the late 1970s, when the rifle was last examined.

Ray's conviction has been upheld seven times by state and federal courts.

Prosecutors say he has exhausted his appeals and contend a trial would do little to satisfy those who believe he was the victim of a conspiracy.

SOUNDBITE:(English):
"Based on the class characteristics of these bullets, the rifle no competent examiner would ever exclude this bullet because it has the same general characteristics of the rifle and marks brought out by the experts would not result in them excluding this bullet. The ultimate result would be an inconclusive result."
SUPER CAPTION: John Campbell, State Prosecutor


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