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Judge upholds order for Georgia to turn over Klan records

A federal judge has upheld a ruling ordering Georgia to turn over records related to its investigation of the Ku Klux Klan's possible ties to the notorious Atlanta child killings.

U.S. District Judge Beverly B. Martin, in papers filed Tuesday, rejected the state's request for her to review a magistrate judge's May 31 order that the state turn over the Klan file so the court can determine what, if anything, to give Wayne Williams, the man convicted of two of the murders and blamed for 22 others.

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The magistrate judge also had ordered the state to turn over the juvenile records of a key witness used to convict Williams.

Martin, in her ruling, said the state failed to meet its "heavy burden of showing the magistrate judge's order to be clearly erroneous or contrary to law."

Williams, who is black and serving a life sentence, has long contended that he was framed and that Atlanta officials covered up evidence that the Klan was involved in the killings to avoid a race war in the city. State officials say there is no evidence the Klan was involved.

Williams' lawyers have said that at trial the state withheld evidence of its investigation of the Klan in connection with the child murders. In all, 29 people - mostly black boys - were killed in the Atlanta area from 1979 to 1981.

The Klan file contained tapes of secretly recorded conversations, transcripts, police reports, surveillance records and other evidence. While the tapes are believed to have been destroyed, the transcripts of the conversations still exist, and some were turned over to The Associated Press last week following an open records request.

The transcripts the AP reviewed revealed a white supremacist investigated in the case had voiced support for the killer, though he didn't claim credit for any of the deaths. Seven weeks into the investigation of the Klan's possible involvement, police dropped the probe after three reputed white supremacists passed lie-detector tests, according to the documents released.

Williams was only charged in the two murders of which he was convicted. In May, the police chief in neighboring DeKalb County reopened the investigation into five of the deaths, saying he doesn't believe Williams committed any of the murders. Police chief Louis Graham said Wednesday the investigation is still open, though he wouldn't say if there has been any progress.

Williams lawyer Michael Lee Jackson said Martin's ruling this week means the records the defense team is seeking should be turned over immediately, though he acknowledged that may not happen.

"Obviously, we want to get access to that information as soon as possible," Jackson said.

Russ Willard, a spokesman for the state Attorney General's Office, which had opposed the defense's request to see the materials, said Wednesday, "While the state is disappointed in the judge's ruling, our office is working with our clients in an effort to comply with the court's ruling." He declined to elaborate.









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