The 5th U.S. Circuit Court of Appeals has ruled that the Supreme Court should decide whether the statute of limitations had expired on the kidnapping of two black teens in Mississippi in 1964. Reputed Ku Klux Klan member James Ford Seale is serving three life terms in those cases.Seale's defense attorneys argued that a federal law change set the statute of limitations on kidnapping at five years.
Seale, 73, was convicted in 2007 for adducting Charles Eddie Moore and Henry Hezekiah Dee, beating them, weighing them down and throwing them into the Mississippi River.
At the time of the crime, there was no statute of limitations on federal kidnapping charges and it was a federal offense. In 1972, the U.S. Congress changed the kidnapping law to remove the death penalty provision and set the statute of limitations at five years.
Will High Court Hear the Case?
After Seale was convicted, a three-judge panel of the 5th Circuit Court overturned his conviction on the statutes of limitation challenge. Later the full 5th Circuit Court voted 9-9 on the question, overturning the panel's decision.
This week, the same court voted to send the question to the Supreme Court. It is not known if the high court will agree to hear the case.
See Also:
High Court Asked to Review Civil Rights-Era Case
Background:
The Trial of James Ford Seale
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