Pardon unlikely for civil rights
advocate
By ADAM LIPTAK
May 4, 2006
The New York Times
Gov. Haley Barbour
of Mississippi acknowledges that Clyde Kennard suffered a grievous
wrong at the hands of state officials more than 45 years ago. But he
says he will not grant a posthumous pardon to Mr. Kennard, a black man
who was falsely imprisoned after trying to desegregate a Mississippi
college.
Mr. Kennard moved home to Hattiesburg, Miss., after seven years in the
Army in Germany and Korea and three years as an undergraduate at the
University of Chicago. He wanted to finish his education at the local
college.
But because that college, Mississippi Southern, was reserved for
whites, state officials not only rejected Mr. Kennard's repeated
applications but also plotted to kill him.
They kept him out of college by convicting him of helping to steal $25
of chicken feed based on what the sole witness now says was perjury.
The 1960 conviction drew a seven-year prison term, and Mr. Kennard died
of cancer in 1963.
Last month, Mr. Kennard's supporters asked Governor Barbour, a
Republican, for a pardon. The state parole board must first make a
recommendation, but Mr. Barbour has already said he will not consider
granting one.
"The governor hasn't pardoned anyone, be it alive or deceased," said
Mr. Barbour's spokesman, Pete Smith. "The governor isn't going to issue
a pardon here."
Mr. Smith added that a pardon would be an empty gesture.
"The governor believes that Clyde Kennard was wronged, and if he were
alive today his rights would be restored," Mr. Smith said. "There's
nothing the governor can do for Clyde Kennard right now."
Mr. Kennard's case, which was the subject of a recent three-month
investigation by The Clarion-Ledger of Jackson, Miss., has also been
pursued by students at Adlai E. Stevenson High School in Lincolnshire,
Ill., and the Center on Wrongful Convictions at Northwestern
University's law school, in Chicago. Several of the students involved
said they were baffled by Mr. Barbour's response.
"Please," said Mona Ghadiri, 17, a senior at Stevenson High, addressing
Governor Barbour, "if you are going to say no, at least give us a
decent reason."
The only evidence against Mr. Kennard was the testimony of a black man
named Johnny Lee Roberts, then 19, who said that Mr. Kennard, 33, had
asked him to steal the chicken feed. Mr. Roberts, who did the stealing,
received a suspended sentence. Mr. Kennard, convicted as an accessory,
got a year for every $3.57 of feed.
Mr. Roberts has recanted, first to Jerry Mitchell of The Clarion-Ledger
and then in a sworn statement before a judge.
"Kennard did not ask me to steal," Mr. Roberts said in the sworn
statement. "Kennard did not ask me to do anything illegal. Kennard is
not guilty of burglary or any other crime."
"I have always felt bad about what happened to Clyde," Mr. Roberts
continued. "He was a good man."
Joyce A. Ladner, a sociologist, remembered being mentored by Mr.
Kennard when she was a teenager. "He was a quiet, very dignified guy, a
real gentleman," Ms. Ladner said of Mr. Kennard.
Aubrey K. Lucas, the director of admissions at the college when Mr.
Kennard applied, recalled in an interview that it was the governor, J.
P. Coleman, who decided against admitting Mr. Kennard.
That was a mistake, said Mr. Lucas, who went on to be president of what
became the University of Southern Mississippi. "Kennard would have been
the perfect person to integrate this university," Mr. Lucas said. "He
didn't bring attorneys with him. He didn't bring the N.A.A.C.P.
leadership."
There was little question of Mr. Kennard's qualifications.
"Everybody who knew him refers to him as brilliant — not as a smart man
but as a brilliant man," said Barry Bradford, the teacher at Stevenson
High who directed its project on Mr. Kennard, available at
www.clydekennard.org.
State authorities had a different reaction. The files of the
Mississippi Sovereignty Commission, the state's segregationist spy
agency, show that killing or framing Mr. Kennard was openly discussed
as preferable to allowing him to enroll at the college.
March 30 was Clyde Kennard Day in Mississippi, and Governor Barbour
issued a proclamation. He urged citizens to remember Mr. Kennard's
"determination, the injustices he suffered, and his significant role in
the history of the civil rights movement in Mississippi."
There has apparently never been a posthumous pardon in Mississippi, but
there have been such pardons in 10 other states and in the federal
system. Yesterday, Gov. Brian Schweitzer of Montana posthumously
pardoned 78 people convicted of sedition early in the last century.
Mr. Lucas said pardoning Mr. Kennard might cost Mr. Barbour a few votes.
"There are some people around here still," Mr. Lucas said, "who think
we should be separate as races and who refuse to see the errors of our
past. But I can't imagine it would be a factor in his re-election."