REPORTS: |
1. August 25, 1965. Memo. Baumgardner to Sullivan 2. September 2, 1965. Los Angeles 3. September 8, 1965. New York. Report of John Sullivan 4. February 8, 1966. Memo. Baumgardner to Sullivan 5. February 9, 1966. Memo. SAC, New York to Director 6. February 25, 1966. SAC, New York to Director. Airtel 7. March 7, 1966. SAC, New York to Director. Airtel 8. March 3, 1966. SAC, New York to Director 9. March 11, 1966. New York to Director. Encoded Message 10. March 16, 1966. Memo. SAC, New York to Director 11. April 14, 1966. SAC, New York to Director. Airtel 12. February 23, 1967. New York |
Section 18 continues the story of the investigation and the subsequent trial of Hayer, Butler and Johnson. Reuben Francis had jumped bail, so he could not be tried for his alleged shooting of Hayer. Evidence against the NOI appears in the file, including an interview with Los Angeles attorney Gladys Towles Root, who indicated that Malcolm was to be a witness in the paternity suits of her clients against Elijah Muhammad. She stated that Malcolm had said, “If these cases are not hurried, I’ll never be alive.” Information regarding who used which weapons in the shooting is clarified, and a final consensus seems to be reached that Hayer stood up first and used the .45, not Butler, as a previous informant had hypothesized.
As the trial begins, the prosecution’s key witnesses in the FBI’s eyes seem to be the Special Agent who received the .45 caliber pistol and the OAAU member who turned it in. This informant would only testify “after the courtroom was cleared of reporters and spectators, claiming his life was in danger if his identity was known.” The agent’s testimony was apparently a great success, as Assistant DA Vincent Dermody called the Bureau to thank them “for making available SA [BUREAU DELETION].”
The February trial reports include only information regarding testimony and the basic facts of the case, with little indication of any opinions with respect to the guilt or innocence of the suspects. The file reflects that Hayer at first denied any involvement, but later “admitted he was hired to kill MALCOLM X for money, and had three other confederates whom he refused to identify.” Little concrete evidence is presented against Butler and Johnson, although it is noted that “Butler’s actions on the witness stand [were] very detrimental to his case” (referring to his disrespectful behavior). No analysis is offered on the March 11 guilty verdict rendered by the jury or the April 14 life sentences by Justice Marks.
On February 23, 1967, a Memorial March took place at the Audubon. Speakers were: Akiyele Awolowo, Baba Oseijeman Adefumi, Stokely Carmichael, Charles 37X Morris, Ella Collins (President of the OAAU).
UNITED STATES GOVERNMENT
MEMORANDUM
DATE: August 25, 1965
TO |
: |
Mr. W. C. Sullivan |
FROM |
: |
F. J. Baumgardner |
SUBJECT |
: |
MALCOLM X LITTLE |
The New York Office has advised that Rueben [sic] X Francis, who is being sought by the New York City Police Department after failure to appear in court, is possibly residing in [BUREAU DELETION] Mexico. New York requests authority to advise the New York City Police Department of the address at which Francis could possibly be located.
Malcolm X Little, leader of the Muslim Mosque, Incorporated, Black Nationalist organization, was murdered on February 21, 1965. The New York City Police Department has arrested three individuals suspected of being the assassins. In addition, the police arrested Rueben [sic] X Francis who was with Little at the time of his murder and shot and wounded one of the assassins. Francis was charged with felonious assault and was released on $10,000 bond, Francis was scheduled to appear in court on May 20, 1965 in connection with this charge. He did not appear and the New York City Police Department has been attempting to determine his whereabouts ever since.
[BUREAU DELETION]
The charge for which Francis is being sought comes within the scope of the Unlawful Flight Statute and the New York Office previously has discussed with police officers handling this matter the possibility of seeking Bureau assistance under the Unlawful Flight Statute. While the New York Office is receiving a continuing flow of unlawful flight cases from the New York Police Department there has been a hesitation in asking our assistance in this particular case. The New York Office advises that officers responsible for the Francis case have been convinced that Francis has been hiding out in the New York City area. We have received similar reports; however, the current information clearly indicates Francis has fled to Mexico. The New York Office on August 24, 1965, advised that with the current information indicating the subject is out of the country, the New York City Police Department in all likelihood would request Bureau assistance under the Unlawful Flight Statute.
If a Federal unlawful flight warrant is obtained, our [BUREAU DELETION] would very likely be able to have Francis deported to the United States where he could be taken into custody by Bureau Agents.
With this in mind the New York Office is being instructed to contact the New York City Police Department and, utilizing the current information indicating subject has fled the country, fully explore the possibility of obtaining a Federal unlawful flight warrant. [BUREAU DELETION]
ACTION:
There is attached for approval an airtel instructing the New York Office, based on information that subject has fled to Mexico, to fully explore the possibility of obtaining a Federal unlawful flight warrant concerning subject Francis.
UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
Los Angeles, California
September 2, 1965
MALCOLM K. LITTLE
Reference the letterhead memorandum dated June 15, 1965, at Philadelphia, Pennsylvania, wherein Malcolm Little was identified as the former leader of the Muslim Mosque, Incorporated . . . and Elijah Muhammad as the leader of the Nation of Islam.
The Chicago Tribune, which is a daily newspaper published in Chicago, Illinois, on February 25, 1965 reported an interview with Los Angeles Attorney Mrs. Gladys Towles Root, who represented clients who filed the paternity suits in Los Angeles against Elijah Muhammad. Root disclosed on February 24, 1965, that Malcolm X, the Negro Nationalist Leader slain Sunday in New York, planned to be a witness against Elijah Muhammad, the Black Muslim leader in the two paternity suits. Malcolm X was reported to be the intermediary for Elijah Muhammad in trying to settle out of court the claims of the two women plaintiffs before he split with Muhammad. Mrs. Root reiterated that after the paternity suits were filed on July 2, 1964, Muhammad had tried to induce an assistant to assume responsibility for the paternity so that Muhammad could keep his spiritual image on a high plane in the eyes of his followers. She stated that Malcolm X had stated he had intended to tell all of this in court when the cases came to trial and he also said, “If these cases are not hurried, I’ll never be alive.” The two women who filed paternity suits were reportedly residing together and they moved twice since the suits were filed, according to the lawyer. She said that there had recently been an explosion at the dwelling next to the one occupied by the two plaintiffs. Mrs. Root explained she had not attempted to get an early trial set for the two cases because the women had been receiving $100 a month support for each child. The money was described as having come “from the church” by the attorney, and she said that she could not define the source of the money more specifically. It was developed during the interview that the paternity actions may have to be transferred to Chicago because that is where Muhammad has property in his own name.
UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
Copy to:
Office: New York,
New York
Report of: |
SA JOHN C. SULLIVAN |
Date: |
9/8/65 |
Bureau File No.: 100-399321
Field Office File No.: 105-8999
Title: |
MALCOLM K. LITTLE |
Character: |
INTERNAL SECURITY—MUSLIM MOSQUE, INCORPORATED |
Synopsis:
LITTLE, formerly known as MALCOLM X, leader of the MMI, was shot and killed while addressing an OAAU public rally in the Audubon Ballroom on 2/21/65, at New York City. Three members of the NOI were arrested by the NYCPD in connection with the death of MALCOLM X. MALCOLM X was buried in Ferncliff Cemetery, Hartsdale, New York, on 2/27/65. . . .
ASSASSINATION OF MALCOLM X
On February 21, 1965, at 3:10 P.M., [BUREAU DELETION] advised that MALCOLM X had just been shot in the Audubon Ballroom, New York City, while addressing an OAAU public rally. [BUREAU DELETION] that REUBEN X FRANCIS, one of MALCOLM‘S officers, fired back at those shooting at MALCOLM X. He stated that a Negro male was captured outside the Audubon Ballroom immediately after the shooting.
[BUREAU DELETION] advised Special Agent (SA) [BUREAU DELETION] on February 21, 1965, that at approximately 3:10 P.M., this date, he received a call at the station that a homicide was committed at the Audubon Ballroom, 654 West 166th Street, New York City.
He stated that [BUREAU DELETION] advised the same date that MALCOLM X, Negro, male, age 39, of Suite 128, Hotel Theresa, Seventh Avenue and 125th Street, New York City, while on the stage of the Audubon Ballroom, was shot and killed by unknown persons. [BUREAU DELETION] stated that MALCOLM X was pronounced dead on arrival by Dr. J. A. COLLINS at Vanderbilt Clinic, Presbyterian Hospital, 168th Street and Broadway, New York City, on February 21, 1965. [BUREAU DELETION] stated that the NYCPD determined that the shooting of MALCOLM X occurred at about 3:10 P.M., February 21, 1965.
On February 21, 1965, [BUREAU DELETION] both of the [BUREAU DELETION] advised SA [BUREAU DELETION] that MALCOLM X was shot that afternoon during a rally of the OAAU at the Audubon Ballroom. [BUREAU DELETION] was on patrol on Broadway when he heard shots coming from the Audubon Ballroom. He immediately proceeded in that direction where he saw people coming out of the said ballroom shouting MALCOLM X had been shot. Others were shouting, “Don’t let him get away.” [BUREAU DELETION] at that time, arrested a person identified as “THOMAS HAGAN” as he was running out of the ballroom. When arrested, HAGAN had on him a .45 caliber automatic clip with four rounds. He had been shot in the left leg.
[BUREAU DELETION] further advised SA [BUREAU DELETION] on February 21, 1965, that the [BUREAU DELETION] obtained two witnesses immediately after the shooting, namely [BUREAU DELETION].
[BUREAU DELETION] gave statements in which [BUREAU DELETION] saw HAGAN with a gun in his hand while MALCOLM X was on the stage speaking. They said MALCOLM X suddenly called out “Hold it” and after this, [BUREAU DELETION] dropped to the floor and did not actually see MALCOLM X shot. They stated before they dropped to the floor, they saw HAGAN with a gun in his hand pointing it toward MALCOLM X. The next thing they saw was HAGAN trying to run out of the ballroom with a gun in his hand. According to [BUREAU DELETION] as Hagan ran out, one of MALCOLM‘S group shot three times at HAGAN with an automatic pistol. HAGAN did not have the pistol on him when he was arrested outside the ballroom.
[BUREAU DELETION] who was sitting in the front row in the Audubon Ballroom, was shot in the foot during the shooting spree in which MALCOLM X was shot. He also stated that [BUREAU DELETION] was also hit during the shooting spree in the ballroom and both [BUREAU DELETION] were treated at Columbia Presbyterian Hospital, New York City.
[BUREAU DELETION] 12 gauge sawed-off double-barrel shotgun manufactured by J. C. Higgins, Model 1017, also bearing the number 5100. [BUREAU DELETION] upon examination, that the shotgun had been fired and left at the scene.
At approximately 7:45 P.M., on February 21, 1965, [BUREAU DELETION] advised SA [BUREAU DELETION] that HAGAN was being detained in the prison ward at Bellevue Hospital, under guard. He stated that Hagan had one bullet in him which entered his left thigh and shattered the thigh bone. He stated the hospital plans to put HAGAN’s left leg in traction and that the bullet would stay in the leg for about two weeks until such time as the bone would be healed enough to permit an operation.
On February 21, 1965, [BUREAU DELETION] contacted the New York Office of the Federal Bureau of Investigation (FBI) and stated that he had one of the pistols used to kill MALCOLM X. He stated he was, at that time, [BUREAU DELETION] and asked that Bureau Agents meet him at the [BUREAU DELETION] address as soon as possible. [BUREAU DELETION] when contacted the same date by SAs [BUREAU DELETION] was in the back of the Audubon Ballroom, the same date, to hear MALCOLM X speak. He stated he is a member of the OAAU. He said MALCOLM X was just introduced and began to speak when some people began to scream somewhere about eight rows from the front of the auditorium. He said people in that area began to move away and MALCOLM X put up his hands as though to quiet the people down and was heard to say “Keep your seats.” Just then, according to [BUREAU DELETION] shots rang out, [BUREAU DELETION] could not see who was doing the shooting. After the shots were fired, [BUREAU DELETION] the persons shooting headed for the exit. Some of the people in the audience tried to Stop them by throwing chairs at them or in their way. At this time, two of MALCOLM X’s men were shooting at the assailants as they were trying to leave the ballroom. [BUREAU DELETION] said the two men involved in the shooting passed him, but as the other two men involved were running toward the exit, one turned to fire back at MALCOLM X’s men. As this man turned to run through the exit, [BUREAU DELETION] threw a “body block” into him, knocking him down the stairs, at which time, this person dropped a .45 caliber pistol. [BUREAU DELETION] picked up the gun and attempted to shoot the man he knocked down as he was running down the stairs, but the gun jammed and he ran out of the building. [BUREAU DELETION] checked the gun and noticed that three rounds were still in the clip. [BUREAU DELETION] then turned over to Special Agents of the FBI a .45 caliber automatic pistol, serial number 335055, containing a clip with three rounds of ammunition.
At 10:15 P.M., February 21, 1965, [BUREAU DELETION] came to the Office of the FBI, at which time they were furnished a .45 caliber automatic pistol which was obtained by Agents of the FBI [BUREAU DELETION]
[BUREAU DELETION] HAGAN, who was arrested immediately after the shooting of MALCOLM X, has been charged with homicide and that REUBEN X FRANCIS, a member of MALCOLM X’s group, was charged with felonious assault and possession of a deadly weapon.
[BUREAU DELETION] has a witness who identified FRANCIS as the person firing back at assailants of MALCOLM X. He said FRANCIS was believed to have fired a shot which struck HAGAN in the leg. He said FRANCIS is suspected of being the person who fired a .32 caliber pistol, which has never been recovered [BUREAU DELETION] it is estimated that up to four persons may be involved in the killing of MALCOLM X.
[BUREAU DELETION] an autopsy performed on MALCOLM X reflected that he had ten bullet wounds in his chest, thigh and ankle plus four bullet creases in the chest and thigh. The autopsy located one nine millimeter slug and one .45 caliber slug and several shotgun pellets in the body of MALCOLM X.
[BUREAU DELETION] examined the Audubon Ballroom after the shooting, they found a sawed-off double-barrel shotgun wrapped in a green suit coat. In the suit coat pocket was found a key for a Yale lock, a package of Camel cigarettes and an empty eyeglass case bearing the name of an optometrist, “M. M. FINE, Main Street, Flushing.” The shotgun contained two discharged Remington express single 0 buckshot shells and there were indications that the gun was recently fired.
[BUREAU DELETION] in the ballroom was found three .45 caliber shells and slugs, six nine millimeter shells and two slugs, and three .32 caliber slugs and ten pieces of lead, presumably fired from the shotgun.
The FBI Identification Division, on February 22, 1965, identified prints of the person arrested in the shooting of MALCOLM X as TALMADGE HAYER who, up until then, was known to the [BUREAU DELETION] only as THOMAS HAGAN. [BUREAU DELETION]
On March 10, 1965, [BUREAU DELETION] advised that persons interviewed by the [BUREAU DELETION], particularly OAAU and MMI members, who were present in the Audubon Ballroom when MALCOLM X was shot, seem to have the same “clear cut” story that they were in the ballroom when MALCOLM X was shot and when the shots rang out, they fell to the floor and never got a look at the assassins. [BUREAU DELETION] stated that the [BUREAU DELETION] learned that [BUREAU DELETION] also known as [BUREAU DELETION] the [BUREAU DELETION] has instructed members of the MMI and the OAAU to cooperate with the Police Department but only say that they fell on the floor when the shooting started and cannot identify the person who shot MALCOLM X.
[BUREAU DELETION] is now shifting their investigation toward officials of the MMI, particularly toward [BUREAU DELETION]. He said witnesses have stated that, at the time of MALCOLM X’s death, [BUREAU DELETION], supposedly MALCOLM X’s trusted friend and associate, showed very little concern for MALCOLM X and did not even come over to look or assist MALCOLM X who was lying on the stage of the Audubon Ballroom dying. In reference to [BUREAU DELETION] that information has been received that [BUREAU DELETION] the day he was shot and has been seen in the Harlem area [BUREAU DELETION].
[BUREAU DELETION] also stated that on March 10, 1965, the New York County Grand Jury handed down first degree murder indictments in the killing of MALCOLM X on February 21, 1965, against TALMADGE HAYER, NORMAN 3X BUTLER and THOMAS 15X JOHNSON.
The New York Times, a local daily newspaper, dated March 11, 1965, contained an article on these indictments.
AFFILIATION WITH THE REVOLUTIONARY ACTION
MOVEMENT (RAM)
[BUREAU DELETION] a copy of a four-page memorandum [BUREAU DELETION] from a RAM official in New York City. This memorandum was entitled “Malcolm Lives,” and bore the subtitle “Analysis of the Assassination,” The last page of this memorandum indicates that it is published by “RAM-Revolutionary Action Movement.”
This memorandum states that MALCOLM X had become a threat to “Charlie” (the white man) when he broke with the NOI and made his African trips. This threat was based on his growing influence in Africa and Asia, all of which was reason for the Central Intelligence Agency (CIA) to want MALCOLM X to be assassinated.
The memorandum describes the burning of MALCOLM X’s house as the “set up” which would make it look like MALCOLM X and the NOI were fighting each other, thus creating a motive for the assassination.
The memorandum discussed the assassination of MALCOLM X and described it as “well planned” and indicated that “Negro CIA Agents-hired killers” were in the audience.
This memorandum stated that the meaning of the assassination of MALCOLM X is that whenever a black man attacks the “white” power structure, he will be assassinated, jailed, or forced into exile. The memorandum further stated that the assassination of MALCOLM X shows that either black people or the white American government will be destroyed.
The memorandum ended with the following phrase: “Black Soul Brothers and Soul Sisters: Unite or Perish! Keep on Pushin’!”
UNITED STATES GOVERNMENT
MEMORANDUM
TO |
: |
Mr. Sullivan |
DATE: 2/8/66 |
FROM |
: |
F. J. Baumgardner |
|
SUBJECT |
: |
MALCOLM K. LITTLE |
The trial of Thomas Hagan, Norman 3X Butler and Thomas 15X Johnson, accused of the murder of Malcolm K. Little, better known as Malcolm X, head of the Muslim Mosque, Inc. (MMI), a politically oriented black nationalist movement for Negroes, began in New York State Supreme Court on 1/12/66. Malcolm X had formerly been a leading spokesman for the Nation of Islam, an all-Negro, semi-religious, anti-white organization.
By letter dated 12/23/65, the Bureau authorized SA [BUREAU DELETION] of the New York Office to appear as a witness in this trial in order to identify one of the murder weapons used in the killing of Malcolm X, and to show the chain of evidence up until the time it was turned over to the New York City Police Department.
By way of background, [BUREAU DELETION], who was present at the scene of the murder, on 2/21/65 telephonically contacted the New York Office advising he had one of the weapons used to kill Malcolm X, which he desired to turn over to the FBI. On that same date, SAs [BUREAU DELETION] and obtained the weapon and also a statement from [BUREAU DELETION] as to how the weapon came into his possession. Later that same date, SA [BUREAU DELETION] turned the weapon over to the New York City Police Department.
On 2/8/66, SAC Donald E. Roney, New York Office, advised that SA [BUREAU DELETION] would testify in the Malcolm X murder trial on Wednesday, 2/9/66. Roney advised that the New York County District Attorney had stated that it would probably be necessary for SA [BUREAU DELETION] to produce the interview report form (FD 302) indicating receipt of the gun. Roney further stated that the New York Office had discussed production of the above-mentioned FD 302 with the United States Attorney’s Office and had been advised by the United States Attorney that under the “Jencks Decision” and in conformity with New York State Supreme Court procedures, it will be necessary for SA [BUREAU DELETION] to produce the FD 302 if so requested by the Defense Counsel, Therefore, SAC Roney stated that SA [BUREAU DELETION] will have the FD 302 ready for production in court in the event the Defense Counsel requests it.
UNITED STATES GOVERNMENT
MEMORANDUM
TO |
: |
DIRECTOR, FBI (100-399321) |
DATE: 2/9/66 |
FROM |
: |
SAC, NEW YORK (105-8999) |
|
SUBJECT |
: |
MALCOLM K. LITTLE, aka |
ReBulet dated 12/23/65, granting authority for SA [BUREAU DELETION] to appear as a witness in the New York State trial concerning the death of captioned subject.
SA [BUREAU DELETION] testified on 2/9/66. During the cross examination, SA [BUREAU DELETION] was asked by the Defense Attorney to produce any notes taken in reference to his contact [BUREAU DELETION]. SA [BUREAU DELETION] produced an FD 302 which the Defense Attorney returned after his questioning. Defense Attorney’s line of questioning centered upon whether or not SA [BUREAU DELETION] checked FBI reports to see if FBI Agents were in the audience at the Audubon Ballroom when MALCOLM X was killed. SA [BUREAU DELETION] was also questioned as to whether the FBI Lab examined the .45 caliber pistol used in the murder of MALCOLM X before it was turned over to the NYCPD. SA [BUREAU DELETION] advised the court that the FBI Lab did not examine the .45 caliber revolver before it was turned over to the NYCPD and that he did not check FBI files to determine if FBI Agents were present in the ballroom when MALCOLM X was killed.
The courtroom was cleared of the news media and spectators when SA [BUREAU DELETION] testified in view of the fact that his testimony, in effect, centered around [BUREAU DELETION] who gave SA [BUREAU DELETION] the above mentioned .45 caliber automatic pistol.
[BUREAU DELETION] testified in court on 2/3 and 4/66, after the courtroom was cleared of reporters and spectators, claiming his life was in danger if his identity was known.
New York County Assistant District Attorney VINCENT DERMODY advised on 2/9/66 that he did not believe it would be necessary to recall SA [BUREAU DELETION] as a witness at a later date.
Mr. DERMODY expressed his appreciation to SA [BUREAU DELETION] for testifying and the NYO for its assistance during the State’s investigation of the case.
Addendum
(SAC D. E. RONEY):
On the late afternoon of 2/9/66, Mr. VINCENT DERMODY, Assistant District Attorney, New York County, telephoned me to convey his great appreciation to the Bureau for making available SA [BUREAU DELETION] to testify in the MALCOLM K. LITTLE trial. Mr. DERMODY said SA [BUREAU DELETION] was a wonderful witness, and used the word “terrific” to describe his testimony and demeanor on the witness stand. He said SA [BUREAU DELETION] certainly reflected great credit on the FBI. Mr. DERMODY also said he wanted to express his appreciation for the wonderful cooperation on the part of the NYO with the New York City Police Department and the District Attorney’s office in this case. Mr. DERMODY said that the cooperation from the beginning of this case had been “terrific,” and said this was a perfect example of real effective cooperation.
FBI
Date: 2/25/66
TO |
: |
DIRECTOR, FBI (100-399321) |
FROM |
: |
SAC, NEW YORK (105-8999) |
SUBJECT |
: |
MALCOLM K. LITTLE aka |
Re Bulet dated 2/21/66, requesting the NYO to closely follow the trial in progress concerning the assassination of captioned subject and to keep the Bureau advised of all pertinent developments.
On 2/21/66, Detective JOSEPH REISCH, a ballistics expert, testified at the MALCOLM X murder trial at NY County Supreme Court, NYC, that cartridges taken from TALMADGE HAYER, one of 3 men charged with MALCOLM X’s assassination, were linked with a .45 caliber weapon used to kill MALCOLM X. Detective REISCH said extraction marks found on .45 caliber cartridges taken from TALMADGE HAYER matched markings made by the weapon used to shoot MALCOLM X.
Detective REISCH continued by stating that a microscopic examination of the shell casings of the cartridges taken from HAYER matched three shells found in the Audubon Ballroom when MALCOLM X was slain. REISCH said the extraction marks on a gun are significant and peculiar to that particular weapon. He said the markings are similar to an individual’s fingerprints.
It is noted that the .45 caliber pistol mentioned above was made available to the NYPD by SA [BUREAU DELETION] on 2/21/65, the day MALCOLM X was slain.
On 2/16/66, SA [BUREAU DELETION] made available to NY County Assistant District Attorney VINCENT J. DERMODY three photographs. Two of the photographs consisted of a group of male Negroes including HAYER in karate uniforms, the third photograph consisted of three persons, one being TALMADGE HAYER with the photographer who took the group photographs.
These photographs were made available to SA [BUREAU DELETION] by SA [BUREAU DELETION] of the NK Office. SA [BUREAU DELETION]
Assistant District Attorney DERMODY stated that the photographs would be “excellent evidence” that HAYER is or was associated with the Black Muslims since HAYER has denied being a Muslim or even being “associated with them.” Mr. DERMODY said he could only use the photographs if HAYER is even called to the stand by his attorney.
Mr. DERMODY and SA [BUREAU DELETION] then arranged that if HAYER was ever called to the stand during the trial, Mr. DERMODY would call SA [BUREAU DELETION] who would then contact SA [BUREAU DELETION] in NK to have him present copies of photographs mentioned above to [BUREAU DELETION] to determine if he took the pictures, where and when and if he could identify HAYER. It was pointed out by Assistant District Attorney DERMODY [BUREAU DELETION] would have to be contacted only when HAYER is testifying [BUREAU DELETION].
On 2/23/66, Assistant District Attorney DERMODY contacted SA [BUREAU DELETION] and advised that HAYER was called by his attorney to testify on his own behalf and that he planned to show the above mentioned photographs to HAYER when he cross examined him [BUREAU DELETION].
While on the stand, HAYER denied charges that he had killed MALCOLM X a year ago, that he was ever a member of the Black Muslims, that he had ever learned or practiced karate or that he had a gun in his hand at the Audubon Ballroom the day MALCOLM X was killed.
While HAYER was being cross examined by Assistant District Attorney DERMODY, he was shown photographs of himself with a karate group and was “quite surprised,” remained silent for a moment and said it looks like him but it wasn’t him.
In the meantime while HAYER was testifying, SA [BUREAU DELETION] of the NK Office contacted [BUREAU DELETION] and exhibited copies of the above mentioned photographs. [BUREAU DELETION] stated that he took the pictures at Muhammad’s Mosque No. 25 at a Black Muslim bazaar in March, 1963. He identified the group photographs as that of a karate group which put on an exhibition and identified HAYER as TALMADGE only.
The results of the contact with [BUREAU DELETION] was made available to Mr. DERMODY on 2/23/66, who was very pleased.
Arrangements were made between Mr. DERMODY, SA [BUREAU DELETION] of the NYO and SA [BUREAU DELETION] NK, to have three members of the District Attorney’s Office meet with SA [BUREAU DELETION] at 8:30 A.M., 2/24/66, who in turn would show the officials of the District Attorney’s Office [BUREAU DELETION] in order that they could interview [BUREAU DELETION] to return to NYC to testify.
On the afternoon of 2/24/66, Assistant District Attorney DERMODY advised SA [BUREAU DELETION] that DURANT testified on behalf of the State and identified the photographs as those taken by him in March, 1963, at Muhammad’s Mosque No. 25, Newark, NJ, of a karate team that put on a karate exhibition. He then identified HAYER as TALMADGE who actually introduced himself to him during the affair.
Assistant District Attorney DERMODY again expressed his appreciation for the cooperation given to him by SA [BUREAU DELETION] and SA [BUREAU DELETION]. He stated that the state has just about completed its case and described the photograph and DURANT’s testimony “as frosting on the cake” as far as the presenting of his case to the court is concerned.
FBI
Date: 3/7/66
TO |
: |
DIRECTOR, FBI (100-399321) |
FROM |
: |
SAC, NEW YORK (105-8999) |
SUBJECT |
: |
MALCOLM K. LITTLE aka |
ReNYairtel dated 3/3/66.
For the information of the Bureau and Newark Office. [BUREAU DELETION] NYC, advised SA [BUREAU DELETION] on 3/4/66, that THOMAS 15X JOHNSON and his wife testified at the MALCOLM X murder trial on 3/3 and 4/66.
Mrs. JOHNSON testified on 3/3/66, and stated that her husband was home all day on 2/21/65, when MALCOLM X was killed. When questioned by the prosecutor as to whether her husband ever had a gun at home, she refused to answer the question. Later during the trial, Defense Attorney WEAVER asked Mrs. JOHNSON if her husband ever had a gun, and she answered yes. The prosecutor then told Mrs. JOHNSON that he asked her the same question only a few moments ago and she refused to answer the question. Mrs. JOHNSON then remarked “I don’t have to answer to the police.”
THOMAS JOHNSON took the witness stand on 3/3/66 and the morning of 3/4/66. He denied ever leaving his home on 2/21/65, let alone killing MALCOLM X at the Audubon Ballroom on that date. He also stated he never handled a gun at any time in his life. Under cross-examination, JOHNSON admitted that he once bought a gun while he was unemployed and obtaining funds from the NYC Welfare Department.
[BUREAU DELETION] believed the case will go to the jury on or about 3/10/66.
AIRTEL |
3/3/66 |
||
TO |
: |
DIRECTOR, FBI (100-399321) |
|
FROM |
: |
SAC, NEW YORK (105-8999) |
|
SUBJECT |
: |
MALCOLM K. LITTLE aka |
ReNY teletype dated 2/28/66.
For the information of the Bureau and Newark Offices. [BUREAU DELETION] New York City, advised SA [BUREAU DELETION] on 3/2/66 that TALMADGE HAYER, while testifying on the stand in the MALCOLM X murder trial on 2/28/66 and 3/1/66, admitted he was hired to kill MALCOLM X for money, and had three other confederates whom he refused to identify. He did state that NORMAN 3X BUTLER and THOMAS 15X JOHNSON, also charged with the killing of MALCOLM X, are innocent.
[BUREAU DELETION] stated that the defense called a Dr. KENNETH SESSLOWE, Lincoln Hospital, Bronx, to the witness stand on behalf of NORMAN BUTLER, who claimed the doctor treated him for an injured leg when MALCOLM X was killed. During the cross examination by Assistant District Attorney VINCENT J. DERMODY, the doctor admitted that he treated BUTLER, but four days after the killing of MALCOLM X and that the injury could have been caused by a person falling down a flight of stairs. It is noted that when [BUREAU DELETION] testified at the trial, he stated that one of the assassins jumped over TALMADGE HAYER while running down the stairs to get out of the Audubon Ballroom after MALCOLM X was killed. The defense attorneys, according to [BUREAU DELETION], were disturbed by the doctor’s testimony and said they would impeach the doctor. Judge CHARLES MARKS reminded the defense attorneys that the doctor was their witness.
[BUREAU DELETION] stated that District Attorney DERMODY requestioned BUTLER about meeting with JOHN ALI, NOI National Secretary, at the Americana Hotel, NYC, the night before MALCOLM X was killed. BUTLER stated he knew JOHN ALI but never met him. [BUREAU DELETION] said information was received that JOHN ALI met with HAYER the night before MALCOLM X was killed, but that the witness to this meeting was later arrested for theft and was now considered undesirable as a state witness.
[BUREAU DELETION] stated that CHARLES 37X MORRIS, was this date again called to the witness stand, this time on behalf of the defense. During cross examination MORRIS admitted that he was once a member of the NOI in NY and at that time knew BUTLER and JOHNSON as members of the NOI “Enforcement Squad” whose duty it was to talk to and sometimes “shake up people.”
According to [BUREAU DELETION], while BUTLER was on the witness stand Judge MARKS stated that if BUTLER’s manners on the stand did not change, he would charge the jury to take into consideration BUTLER’s mannerism and demeanor in determining if he was telling the truth on the witness stand. [BUREAU DELETION] stated that BUTLER’s action on the witness stand was very detrimental to his case.
[BUREAU DELETION] stated THOMAS 15X JOHNSON is scheduled to be called to the witness stand on his own behalf on the afternoon of 3/2/66.
TELETYPE UNIT
MARCH 11 1966
ENCODED MESSAGE
FBI NEW YORK
1/43 P URGENT 3-11-66 JAM
TO DIRECTOR /4/ 100-399321
FROM NEW YORK 105-8999 IP
MALCOLM K. LITTLE,
SM-MMI
NEW YORK STATE SUPREME COURT JURY FOUND TALMADGE HAYER OF PATERSON, NEW JERSEY, NORMAN THREE X BUTLER AND THOMAS FIFTEEN X JOHNSON OF NEW YORK, GUILTY OF FIRST DEGREE ON MARCH ELEVEN NINETEEN SIXTY SIX FOR THE MURDER OF MALCOLM K. LITTLE COMMONLY KNOWN AS MALCOLM X.
SENTENCE SCHEDULED FOR APRIL FOURTEEN NEXT.
LETTER FOLLOWS.
COPY OF INSTANT TELETYPE BEING SENT TO NEWARK BY MAIL.
CORR TIME SHD BE 143 PM
END
2- HL
FBI WASH DC
UNITED STATES GOVERNMENT
MEMORANDUM
TO |
: |
DIRECTOR, FBI (100-399321) |
DATE: 3/16/66 |
FROM |
: |
SAC, NEW YORK (105-8999) (P) |
|
SUBJECT |
: |
MALCOLM K. LITTLE, aka |
ReNYtel, 3/11/66.
[BUREAU DELETION] advised SA [BUREAU DELETION] on 3/11/66, that on that date NORMAN 3X BUTLER, THOMAS 15X JOHNSON and TALMADGE HAYER were found guilty of murder in the first degree for the killing of MALCOLM X on 2/21/65, at NYC.
On 3/14/66, Assistant District Attorney VINCENT J. DERMODY, NYC, advised SA [BUREAU DELETION] that the NY State Supreme Court jury deliberated over 20 hours and at 12:20 A.M. on 3/11/66, returned a verdict of murder in the first degree on the defendants BUTLER, JOHNSON and HAYER for the assassination of MALCOLM X. Mr. DERMODY stated that Justice CHARLES MARKS set 4/14/66 for sentencing. He further stated that if BUTLER, JOHNSON and HAYER are sentence to life imprisonment, as is mandatory for murder in the first degree, the trio would have to serve a minimum of 26 years 8 months before they will be eligible for parole.
The NYO will continue to follow this case and report results of sentencing on 4/14/66.
FBI
Date: 4/14/66
TO |
: |
DIRECTOR, FBI (100-399321) |
FROM |
: |
SAC, NEW YORK (105-8999) (RUC) |
SUBJECT |
: |
MALCOLM K. LITTLE aka SM-MMI |
On 4/14/66, [BUREAU DELETION] NY County, NYC, advised that on this date, NY County Supreme Court Judge CHARLES MARKS sentenced NORMAN BUTLER, THOMAS JOHNSON and TALMADGE HAYER to life imprisonment for the murder of MALCOLM LITTLE, commonly known as MALCOLM X.
It is noted that a person sentenced to life imprisonment for murder in the first degree in NY County must serve a minimum of 26 years, 8 months before they can be eligible for parole.
[BUREAU DELETION] also advised that as of this date, it has not been determined where the trio will be incarcerated to serve their sentences.
UNITED STATES DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
New York, New York
February 23, 1967
Memorial March and Service
Commemorating the Death of Malcolm X
Information Concerning
On February 23, 1967, [BUREAU DELETION] advised that a Memorial March and Service Commemorating the Death of Malcolm X took place at approximately 12 noon on February 22, 1967, at the Audubon Ballroom, West 166 Street and Broadway, New York City.
Approximately one hundred people marched in a parade down Broadway to 145 Street, and then crossed over to Seventh Avenue. At this point, they marched down to 125 Street, where they were joined by about another one hundred people. Here a MemorialService of Malcolm X was conducted and a small bust of Malcolm X was unveiled.
Speakers were as follows:
Akiyele Awolowo, Chief of Information of the Harlem People’s Parliament.
Baba Oseijeman Adefumi, the Prime Minister of the Harlem People’s Parliament, and High Priest of the Yoruba Temple, who stated that the Negro people should buy goods from black people.
Stokely Carmichael, Executive Director of the Student NonViolent Coordination Committee, who stated that from now on they will no longer celebrate the death of Malcolm X, but instead will celebrate his birthday.
Charles 37X Morris, a Militant black nationalist who spoke in general laudatory terms about Malcolm X.
Ella Collins, President of the Organization of Afro-American Unity, who also spoke in general terms about the good that Malcolm X did while he was living.
The affair terminated at 2:30 P.M. with about two hundred people in attendance.
There were no arrests or incidents.