JACKSON, Miss. — Lawyers for a reputed Klansman argued Monday that prosecutors are citing an irrelevant civil case in their efforts to reverse his acquittal in the abductions of two black teenagers slain in 1964.
James Ford Seale, 73, was convicted in June 2007 on kidnapping and conspiracy charges related to the abduction of Charles Eddie Moore and Henry Hezekiah Dee. His conviction was overturned in September by the U.S. Circuit Court of Appeals, which said the statute of limitations for kidnapping had expired.
In a highly technical legal argument, the U.S. Department of Justice’s Civil Rights division claims the panel overlooked an important court precedent and erroneously applied a statute of limitation.
In a response filed Monday with the court, Seale’s lawyers said prosecutors have incorrectly used a ruling in a civil case to underpin their argument. Kathy Nester, Seale’s federal public defender, said federal prosecutors can’t prove the court ignored a precedent by citing the case that’s completely unrelated to the crime of kidnapping.
